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

Vol. 156 WASHINGTON, WEDNESDAY, SEPTEMBER 22, 2010 No. 128 House of Representatives The House met at 2 p.m. and was last day’s proceedings and announces school. He has brought together people called to order by the Speaker pro tem- to the House his approval thereof. of diverse socioeconomic, cultural, ra- pore (Mr. CUELLAR). Pursuant to clause 1, rule I, the Jour- cial, and religious backgrounds to pro- f nal stands approved. mote dialogue, social justice, and hope. f On behalf of the 20th Congressional DESIGNATION OF THE SPEAKER District and my colleagues in this PRO TEMPORE PLEDGE OF ALLEGIANCE House, I thank Father Doug for his The SPEAKER pro tempore laid be- The SPEAKER pro tempore. Will the work on behalf of our community and fore the House the following commu- gentleman from Tennessee (Mr. WAMP) for his invocation here today. nication from the Speaker: come forward and lead the House in the f Pledge of Allegiance. WASHINGTON, DC. COMMUNICATION FROM THE Mr. WAMP led the Pledge of Alle- September 22, 2010. CLERK OF THE HOUSE I hereby appoint the Honorable HENRY giance as follows: CUELLAR to act as Speaker pro tempore on I pledge allegiance to the Flag of the The SPEAKER pro tempore laid be- this day. United States of America, and to the Repub- fore the House the following commu- NANCY PELOSI, lic for which it stands, one nation under God, nication from the Clerk of the House of Speaker of the House of Representatives. indivisible, with liberty and justice for all. Representatives: f f OFFICE OF THE CLERK, HOUSE OF REPRESENTATIVES, PRAYER WELCOMING REVEREND DOUGLAS Washington, DC, September 16, 2010. Reverend Douglas Fisher, Grace Epis- FISHER Hon. NANCY PELOSI, copal Church, Millbrook, New York, of- The SPEAKER pro tempore. Without Speaker, House of Representatives, fered the following prayer: objection, the gentleman from New Washington, DC. Gracious God, these elected leaders DEAR MADAM SPEAKER: Pursuant to the York (Mr. MURPHY) is recognized for 1 permission granted in Clause 2(h) of rule II of of our Nation gather together today in minute. the Rules of the U.S. House of Representa- anticipation of Your guidance. They There was no objection. tives, the Clerk received the following mes- want to do what is right and good and Mr. MURPHY of New York. Mr. sage from the Secretary of the Senate on holy. They want to be an inspiration to Speaker, I rise today to honor and September 16, 2010 at 4:39 p.m.: Your people in a trying time. Fill thank Father Doug Fisher from That the Senate passed without amend- with Your creative, dynamic Spirit. Millbrook, New York, for serving as ment H.R. 6102. Outside these walls Your people— With best wishes, I am the guest chaplain today for the House Sincerely, among them immigrants, the unem- of Representatives. LORRAINE C. MILLER. ployed, the brave men and women of For over 10 years, Father Doug has f our Armed Forces—live in hope of wise served as the rector of Grace Episcopal decisions from this body. Indeed, Your Church, which is located in the 20th COMMUNICATION FROM THE whole creation itself is profoundly af- District in Millbrook, New York. Pre- CLERK OF THE HOUSE fected in so many ways by what hap- viously, he served as the Episcopal The SPEAKER pro tempore laid be- pens here. Compassionate God, en- Chaplain at the United States Military fore the House the following commu- lighten , show us Your will, and give Academy at West Point, and he con- nication from the Clerk of the House of us the courage to fulfill it. tinues to correspond with many of the Representatives: At the end of this day, may the graduates who are serving their coun- OFFICE OF THE CLERK, United States of America be closer to try throughout the world. HOUSE OF REPRESENTATIVES, being a light unto the nations, a bea- Father Doug has been a leader for Washington, DC, September 21, 2010. con of hope in this world. Living God, our community in difficult times, serv- Hon. NANCY PELOSI, we ask Your blessing upon this House ing on the board of directors of Rural Speaker, House of Representatives, and upon this Nation. Amen. and Migrant Ministry. Grace Church is Washington, DC. known throughout Dutchess County for DEAR MADAM SPEAKER: Pursuant to the f permission granted in Clause 2(h) of rule II of its many outreach programs, including THE JOURNAL the Rules of the U.S. House of Representa- its food pantries, service and support tives, the Clerk received the following mes- The SPEAKER pro tempore. The groups for the unemployed and under- sage from the Secretary of the Senate on Chair has examined the Journal of the employed, its AA groups, its nursery September 21, 2010 at 2:40 p.m.:

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 Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6812 CONGRESSIONAL RECORD — HOUSE September 22, 2010 That the Senate passed without amend- care entitlement program that the than $1 million would get a tax cut of ment H.R. 4505. American people don’t want. $104,000 next year, he forgot about the That the Senate passed S. 624. H.R. 5297, the small business bill the households of working poor people who With best wishes, I am House will take up tomorrow, makes a count on the earned income tax credit Sincerely, LORRAINE C. MILLER. bad situation even worse. Instead of re- and the child tax credit. pealing this burdensome requirement, Why? Because the GOP plan extends f the bill actually increases penalties the estate tax cuts but doesn’t extend ANNOUNCEMENT BY THE SPEAKER and expands the number of trans- improvements to the tax credits for PRO TEMPORE actions subject then to 1099 reporting low-income working families, which The SPEAKER pro tempore. The requirements. The Congressional Budg- the Congress passed last year. In Mas- Chair will entertain up to 15 further re- et Office estimates this proposal will sachusetts , 210,000 families will quests for 1-minute speeches on each raise over $2.5 billion. That’s $2.5 bil- lose some or all of the child credit side of the aisle. lion that will go to the government in- under the Republican plan and 167,000 stead of job creators. Massachusetts families will lose all or f How long will it take our friends on some of the earned income tax credit. ON THE SELECTION OF THE STATE the other side to figure out you can’t I urge our Republican friends here to OF AS A RECIPIENT OF increase the burden on our Nation’s reject this plan from their Senate lead- THE FREEDOM AWARD FOR ITS small businesses and then expect them er and to stand up for working fami- OUTSTANDING SUPPORT OF to hire more Americans? lies. MEMBERS OF THE NATIONAL f f GUARD AND RESERVE b 1410 OBAMA-NOMICS (Ms. HIRONO asked and was given HONORING JOHN ELKINGTON (Mr. POE of Texas asked and was permission to address the House for 1 given permission to address the House minute.) (Mr. WAMP asked and was given per- for 1 minute.) Ms. HIRONO. Mr. Speaker, every mission to address the House for 1 Mr. POE of Texas. Mr. Speaker, the year the Secretary of Defense recog- minute and to revise and extend his re- proposed administration tax hikes are nizes employers for their support of marks.) the largest tax increases in American employees serving in the National Mr. WAMP. Mr. Speaker, I am hon- history. The government spends money Guard and Reserve. This year, the Gov- ored to recognize the induction of John that we don’t have; 42 cents of every ernment of the State of Hawaii was se- Elkington of Memphis, Tennessee, into dollar spent is borrowed money. lected for the Freedom Award, the the Beale Street Brass Note Walk of Now the plan is to hike taxes sky highest employer recognition award Fame. The Walk of Fame recognizes high and how is that going to create given by the Defense Department. Ha- the accomplishments of nearly 100 indi- those jobs? It has been said ‘‘you can’t waii Army National Guardsman K. viduals and groups who have had a sig- legislate the poor into freedom by leg- Mark Takai submitted the nomination. nificant influence on American music, islating the wealthy out of freedom. The State of Hawaii provides credit particularly blues music. When the government gives money to toward retirement for the time their As a developer with an extraordinary one person, the government first has to Guard and Reserve employees are acti- vision, Elkington revitalized a two- take that money from somebody else.’’ vated and offers preferential hiring for block section of historic Beale Street ‘‘When half the people get the idea those who have been deployed. The that had fallen into disrepair during that they do not have to work because State also held a farewell ceremony the urban renewal of the 1970s. When they think the other half is going to and a welcome home parade for our Elkington started the project, only one take care of them, and when the work- 29th Brigade. Notably, Hawaii is the business remained open. Where others ing people get the idea it does no good only State to recognize its fallen war failed, Elkington redeveloped Beale to work because the government is heroes by awarding them the State Street, turning it into one of America’s going to take away what they worked Medal of Honor. premier entertainment districts. From for, that discourages all citizens to As we celebrate National Employer the handful of night clubs and res- work.’’ Support of the Guard and Reserve taurants that opened in the early 1980s, Obama-nomics is the failed philos- Week, warmest ‘‘aloha’’ goes out to the Beale Street Historic District has ophy of more government, more spend- employers like the State of Hawaii for blossomed into a place where fans from ing, more borrowing and more taxes; recognizing the unique challenges that around the world come to hear Amer- and it’s a failed philosophy. members of the Guard and Reserve face ica’s original art form, the blues. And that’s just the way it is. in balancing their civilian lives with John Elkington possesses a rare com- f their military service. bination of perseverance and optimism. ECONOMIC POLICIES f His love for Memphis is unrivaled, and he is indeed one of Tennessee’s most (Mr. DEFAZIO asked and was given MAKING THE 1099 SITUATION important developers. 27 years of permission to address the House for 1 WORSE hard work and dedication to Beale minute.) (Mr. PITTS asked and was given per- Street, John Elkington deserves a rec- Mr. DEFAZIO. Mr. Speaker, the mission to address the House for 1 ognition of inclusion into the Beale President was on television this week minute and to revise and extend his re- Street Brass Note Walk of Fame. defending his economic policies talking marks.) Congratulations, Elk. about the progress, and I am going to Mr. PITTS. Mr. Speaker, throughout f admit that after yesterday we are the month of August, I met with small about halfway back to where this ad- business owners in my district who are TAX CUTS ministration needs to be in putting anxious about the coming 1099 report- (Mr. NEAL asked and was given per- Americans and America back to work. ing requirements created by mission to address the House for 1 Yesterday—congratulations are in ObamaCare. They see a mountain of minute and to revise and extend his re- order—Larry Summers was either fired tax paperwork in their future, a moun- marks.) or encouraged to leave. It doesn’t mat- tain that will increase their accounting Mr. NEAL. Mr. Speaker, it did not ter, he’s gone. costs and prevent them from growing take a lot of courage for the Repub- It’s about a year since I asked the their businesses. lican leader in the Senate to announce President to fire Geithner and Sum- The 1099 reporting requirement has his tax cut plan last week, which would mers, two people of, by, and for Wall nothing to do with improving health cost about $4 trillion. Handing out tax Street. Wall Street has received care in this Nation. It was only in- cuts is not a tough business. enough attention, and the Republicans cluded as another revenue raiser to pay Oddly enough, while he ensured that would shower even more attention on for a massive new government health those households with incomes of more Wall Street, should they take over

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6813 again, against Main Street American I support the return to direct talks to b 1420 working people. achieve a lasting peace in the Middle TAX RELIEF FOR STRUGGLING It’s time this President came back to East. And I call on all my colleagues in AMERICANS his Democratic roots, his Democratic the international community to sup- values. Geithner needs to go too. Let’s port this process. (Mr. PENCE asked and was given per- mission to revise and extend his re- bring in a team that cares about work- f ing Americans. marks.) HALT TAX HIKES f Mr. PENCE. Mr. Speaker, the Amer- (Mr. SAM JOHNSON of Texas asked ican people are hurting in the city and VICTORY IN IRAQ and was given permission to address on the farm. Our economy continues to (Mr. WILSON of South Carolina the House for 1 minute and to revise struggle. Unless Congress acts before asked and was given permission to ad- and extend his remarks.) the end of this year, every American dress the House for 1 minute and to re- Mr. SAM JOHNSON of Texas. Mr. will see a tax increase—every single vise and extend his remarks.) Speaker, I stand to voice my support one. Mr. WILSON of South Carolina. Mr. for protecting small business on Main That’s why I rise in disbelief with the Speaker, at the end of August the goal Street from the Obama tax hikes that news that this Congress is poised to ad- was achieved of a transition of security start January 1. To create jobs, we journ for the fall’s elections without in Iraq from an active combat role of need lower tax rates for everyone. even taking a vote on extending cur- Americans to the security forces of the Most small businesses pay taxes rent tax relief. Let me say that again. people of Iraq. All Americans should based on the individual tax rate. In- I know there are proposals on the ma- express gratitude for the courage and creasing the individual tax rate means jority side about trying to extend the resolve of our military and military mom-and-pop business owners will tax relief for some and not others, but families. have less money for business invest- what we are hearing is they intend to Newsweek’s cover page of March 8 de- ment and job creation. It’s not smart adjourn before Election Day without clared: ‘‘Victory at Last,’’ with the to raise taxes ever and certainly not in ever voting to make sure that no emergence of a democratic Iraq. The the wake of America’s longest reces- American sees a tax increase in Janu- Wall Street Journal editorialized ‘‘Vic- sion. ary of next year. tory in Iraq’’ on August 30, citing ‘‘the How will raising taxes put people Mr. Speaker, higher taxes won’t get courage of the Americans who will back to work? anybody hired. Raising taxes on job fight in our defense.’’ On September 6 As a former small business owner, I creators won’t create jobs. Let’s have the Washington Times proclaimed know that the very threat of tax hikes, the debate. There’s a growing bipar- ‘‘Mission Accomplished’’ in Iraq. tisan majority in this House that is As the grateful father of two sons combined with the new health care law prepared to extend all tax relief for who served in Iraq and as cochairman and the countless new rules and man- every American in this, the worst econ- of the Victory in Iraq Caucus estab- dates coming from the Democrats, are omy in 25 years. lished with our former colleague, Mark impacting the ability and willingness And so I say, no extension of tax re- Green of Wisconsin, I know firsthand of of small businesses to create jobs. lief, no adjournment. Congress must the achievements of the American We need an up-or-down vote on freez- not adjourn until we take an up-or- military personnel. I am confident with ing tax rates for everyone before elec- down vote on extending all tax relief the leadership of General David tion day so the American people can for every American. Petraeus, based on the Bush success of see for themselves who supports or op- Iraq, that the Obama surge in Afghani- poses small business and free enter- f prise. stan will promote liberty and peace. HONORING THE SERVICE AND SAC- In conclusion, God bless our troops, f RIFICE OF U.S. ARMY SPE- and we will never forget September the TAX PROPOSAL AND HONORING CIALIST BRYN TODD RAVER 11th in the global war on terrorism. 49TH ANNIVERSARY OF PEACE (Mr. BOOZMAN asked and was given f CORPS permission to revise and extend his re- U.S., ISRAELI, AND PALESTINIAN (Mr. GARAMENDI asked and was marks.) LEADERS DESERVE SUPPORT ON given permission to address the House Mr. BOOZMAN. Mr. Speaker, I rise PEACE TALKS for 1 minute.) today to honor a brave American sol- (Mr. MCGOVERN asked and was Mr. GARAMENDI. Mr. Speaker, I in- dier who sacrificed his life in support of given permission to address the House tended to speak to the 49th anniversary Operation Enduring Freedom, U.S. for 1 minute and to revise and extend of the Peace Corps. On this day, 49 Army Specialist Bryn Todd Raver. his remarks.) years ago, Congress passed and the Bryn joined the Army in December of Mr. MCGOVERN. Mr. Speaker, I com- President signed the authorization for 2007, following in the steps of his mend the U.S., Israeli, and Palestinian the Peace Corps. Over those 49 years, grandfather, a Korean War veteran. leaders for renewing direct peace talks tens of thousands, indeed hundreds of Bryn was assigned to the 1st Brigade in Washington earlier this month and thousands, of Americans have served Special Troops Battalion, 101st Air- continuing them in the Middle East. this country in what is known as the borne Division at Fort Campbell, Ken- Prime Minister Netanyahu and Presi- most difficult job you will ever love, tucky. He served as a military police- dent Abbas have shown great courage and my wife and I did, indeed, love it. man and deployed to Afghanistan in in deciding to end the conflict within 1 However, the tax proposal that’s be- April of 2010. Commanding officers year. We know it won’t be easy, but I fore us is that every American tax- noted that Specialist Raver was the felt such hope when I saw these two payer will receive a lower tax rate on first to prepare for a mission and the leaders stand together and condemn the first $250,000 that they have in ad- last to leave. the deadly attacks on Israel citizens by justed gross income, whether they are His commitment to this country is Hamas. Neither let the enemies of a small business or an individual tax- second to none. Family members say peace undermine the start of negotia- payer. Those that have greater would he loved serving his country and talked tions. This speaks volumes about their pay somewhat higher tax. The other al- about his desire to continue his service commitment to finally achieving a ternative is to run up the deficit an- for 4 more years working to become an two-state solution. other $700 billion, which I think is a Army drill sergeant. Making peace means making tough particularly bad idea. On August 28, 2010, Specialist Raver choices. Each side will have to make But back to the Peace Corps. It’s a died of injuries sustained when insur- painful concessions. The U.S. can pro- great institution, and it’s been sup- gents attacked the armored vehicle he vide support to both parties as they ported by both Democrats and Repub- was driving. He was 20 years old. make these tough decisions, choices licans, and we think that’s a good Mr. Speaker, Specialist Raver and his that have to be made for a better, more thing. family made a tremendous sacrifice for secure future for all their peoples. And that’s the rest of the story. our country. Bryn is a true American

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I ask my colleagues to keep his S. 1674; H.R. 5307; House Resolution grant or cooperative agreement used under family and friends in their thoughts 1545; House Resolution 1560; House Res- section 9) between a tribal organization and and prayers during this very difficult olution 1582; a bill to renew the author- the appropriate Secretary for the planning, conduct, and administration of programs or time. ity of the Secretary of Health and services that are otherwise provided to In- f Human Services to approve demonstra- dian tribes and members of Indian tribes pur- tion projects designed to test innova- suant to Federal law, subject to the condi- ALZHEIMER’S AWARENESS DAY tive strategies in state child welfare tion that, except as provided in section (Mr. THOMPSON of Pennsylvania programs; and a bill to amend the In- 105(a)(3), no contract entered into under title asked and was given permission to re- ternal Revenue Code of 1986 to extend I (or grant or cooperative agreement used the funding and expenditure authority under section 9) shall be— vise and extend his remarks.) ‘‘(1) considered to be a procurement con- Mr. THOMPSON of Pennsylvania. of the Airport and Airway Trust Fund, tract; or Mr. Speaker, there is a thief abroad in to amend title 49, United States Code, ‘‘(2) except as provided in section 107(a)(1), this country stealing the cognitive to extend the airport improvement pro- subject to any Federal procurement law (in- powers of more than 5.3 million Ameri- gram, and for other purposes. cluding regulations);’’. cans. It costs $172 billion annually, but The SPEAKER pro tempore. Is there (b) REPORTING AND AUDIT REQUIREMENTS.— the money is not the true loss. objection to the request of the gentle- Section 5(b) of the Indian Self-Determina- tion and Education Assistance Act (25 U.S.C. The loss is a son who can take woman from the Virgin Islands? 450c(b)) is amended— his father to a ball game, but only the There was no objection. (1) by striking ‘‘after completion of the shell of a man remains in the bleacher f project or undertaking referred to in the pre- seat beside him. The loss is a wife who ceding subsection of this section’’ and insert- sits at the dinner table with her hus- ANNOUNCEMENT BY THE SPEAKER ing ‘‘after the retention period for the report band but knows there will be no recip- PRO TEMPORE that is submitted to the Secretary under rocal conversation. The loss is a grand- The SPEAKER pro tempore. Pursu- subsection (a)’’; and (2) by adding at the end the following: child whose best friend can no longer ant to clause 8 of rule XX, the Chair ‘‘The retention period shall be defined in reg- play games with him. will postpone further proceedings ulations promulgated by the Secretary pur- The robber who steals our relatives is today on motions to suspend the rules suant to section 415.’’ Alzheimer’s disease. There is no felony on which a recorded vote or the yeas (c) APPLICATION OF OTHER PROVISIONS.— that can be charged against this killer, and nays are ordered, or on which the Sections 4, 5, 6, 7, 102(c) 104, 105(a)(1), 105(f), even though it is the seventh leading vote incurs objection under clause 6 of 110, and 111 of the Indian Self-Determination and Education Assistance Act, as amended, cause of death in this country. And rule XX. (25 U.S.C. 450 et seq.) (Public Law 93-638; 88 most discouraging is that there is no Record votes on postponed questions Stat. 2203) and section 314 of the Department known cure. will be taken after 6 p.m. today. of the Interior and Related Agencies Appro- The disease afflicts African Ameri- f priations Act, 1991 (Public Law 101-512; 104 cans and Hispanics at a higher rate Stat. 1959), apply to compacts and funding than others, and those with a family DEPARTMENT OF THE INTERIOR agreements entered into under title IV. history of Alzheimer’s are also more at TRIBAL SELF-GOVERNANCE ACT SEC. 102. CONTRACTS BY SECRETARY OF INTE- OF 2010 RIOR. risk. But regardless, every 70 seconds, Section 102 of the Indian Self-Determina- someone in this country will develop Mrs. CHRISTENSEN. Mr. Speaker, I tion and Education Assistance Act (25 U.S.C. this disease. move to suspend the rules and pass the 450f) is amended— September 21 was Alzheimer’s Aware- bill (H.R. 4347) to amend the Indian (1) in subsection (c)(2), by striking ‘‘eco- ness Day. It is worth the time to think Self-Determination and Education As- nomic enterprises’’ and all that follows about ways to support the fight against sistance Act to provide further self- through ‘‘except that’’ and inserting ‘‘eco- nomic enterprises (as defined in section 3 of this disease. governance by Indian tribes, and for the Indian Financing Act of 1974 (25 U.S.C. f other purposes, as amended. 1452)), except that’’; and The Clerk read the title of the bill. (2) by adding at the end the following: COMMUNICATION FROM THE The text of the bill is as follows: ‘‘(f) GOOD FAITH REQUIREMENT.—In the ne- CLERK OF THE HOUSE H.R. 4347 gotiation of contracts and funding agree- The SPEAKER pro tempore laid be- ments, the Secretary shall— Be it enacted by the Senate and House of Rep- ‘‘(1) at all times negotiate in good faith to fore the House the following commu- resentatives of the United States of America in maximize implementation of the self-deter- nication from the Clerk of the House of Congress assembled, mination policy; and Representatives: SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ‘‘(2) carry out this Act in a manner that OFFICE OF THE CLERK, (a) SHORT TITLE.—This Act may be cited as maximizes the policy of tribal self-deter- HOUSE OF REPRESENTATIVES, the ‘‘Department of the Interior Tribal Self- mination, in a manner consistent with the Washington, DC, September 22, 2010. Governance Act of 2010’’. purposes specified in section 3. Hon. NANCY PELOSI, (b) TABLE OF CONTENTS.—The table of con- ‘‘(g) RULE OF CONSTRUCTION.—Each provi- Speaker, House of Representatives, tents of this Act is as follows: sion of this Act and each provision of a con- Washington, DC. Sec. 1. Short title; table of contents. tract or funding agreement shall be liberally construed for the benefit of the Indian tribe DEAR MADAM SPEAKER: Pursuant to the TITLE I—INDIAN SELF-DETERMINATION permission granted in Clause 2(h) of rule II of participating in self-determination, and any the Rules of the U.S. House of Representa- Sec. 101. Definitions; reporting and audit re- ambiguity shall be resolved in favor of the tives, the Clerk received the following mes- quirements; application of pro- Indian tribe.’’. sage from the Secretary of the Senate on visions. SEC. 103. ADMINISTRATIVE PROVISIONS. September 22, 2010 at 12:25 p.m.: Sec. 102. Contracts by Secretary of Interior. Section 105 of the Indian Self-Determina- That the Senate passed S. 3814. Sec. 103. Administrative provisions. tion and Education Assistance Act (25 U.S.C. That the Senate passed S. 3717. Sec. 104. Contract funding and indirect 450j) is amended— With best wishes, I am costs. (1) in subsection (b), in the first sentence, Sincerely, Sec. 105. Contract or grant specifications. by striking ‘‘pursuant to’’ and all that fol- LORRAINE C. MILLER. TITLE II—TRIBAL SELF-GOVERNANCE lows through ‘‘of this Act’’ and inserting Sec. 201. Tribal self-governance. ‘‘pursuant to sections 102 and 103’’; and f (2) by adding at the end the following: TITLE I—INDIAN SELF-DETERMINATION AUTHORIZING THE SPEAKER TO ‘‘(m) INTERPRETATION BY SECRETARY.—Ex- SEC. 101. DEFINITIONS; REPORTING AND AUDIT cept as otherwise provided by law, the Sec- ENTERTAIN MOTIONS TO SUS- REQUIREMENTS; APPLICATION OF retary shall interpret all Federal laws (in- PEND THE RULES ON TOMORROW PROVISIONS. cluding regulations) and Executive orders in Mrs. CHRISTENSEN. Mr. Speaker, I (a) DEFINITIONS.—Section 4 of the Indian a manner that facilitates, to the maximum ask unanimous consent that the Self-Determination and Education Assist- extent practicable— ance Act (25 U.S.C. 450b) is amended by strik- ‘‘(1) the inclusion in self-determination Speaker be authorized to entertain mo- ing subsection (j) and inserting the fol- contracts and funding agreements of— tions to suspend the rules on the legis- lowing: ‘‘(A) applicable programs, services, func- lative day of Thursday, Sept. 23, 2010, ‘‘(j) ‘self-determination contract’ means a tions, and activities (or portions thereof); relating to the following measures: contract entered into under title I (or a and

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‘‘(B) funds associated with those programs, of funds available for the programs assumed ‘‘(i) IN GENERAL.—An Indian tribe may, by services, functions, and activities; by an Indian tribe. tribal resolution, fully or partially withdraw ‘‘(2) the implementation of self-determina- ‘‘(6) INHERENT FEDERAL FUNCTION.—The its tribal share of any program in a funding tion contracts and funding agreements; and term ‘inherent Federal function’ means a agreement from a participating tribal orga- ‘‘(3) the achievement of tribal health objec- Federal function that may not legally be del- nization. tives.’’. egated to an Indian tribe. ‘‘(ii) NOTIFICATION.—The Indian tribe shall SEC. 104. CONTRACT FUNDING AND INDIRECT ‘‘(7) PROGRAM.—The term ‘program’ means provide a copy of the tribal resolution de- COSTS. any program, function, service, or activity scribed in clause (i) to the Secretary. Section 106(a)(3) of the Indian Self-Deter- (or portion thereof) within the Department ‘‘(iii) EFFECTIVE DATE.— mination and Education Assistance Act (25 that is included in a funding agreement. ‘‘(I) IN GENERAL.—A withdrawal under U.S.C. 450j–1(a)(3)) is amended— ‘‘(8) SECRETARY.—The term ‘Secretary’ clause (i) shall become effective on the date (1) in subparagraph (A)— means the Secretary of the Interior. that is specified in the tribal resolution and (A) in clause (i), by striking ‘‘, and’’ and in- ‘‘(9) SELF-GOVERNANCE.—The term ‘self- mutually agreed upon by the Secretary, the serting ‘‘; and’’; and governance’ means the Tribal Self-Govern- withdrawing Indian tribe, and the tribal or- (B) in clause (ii), by striking ‘‘expense re- ance Program established under section 402. ganization that signed the compact and lated to the overhead incurred’’ and insert- ‘‘(10) TRIBAL SHARE.—The term ‘tribal funding agreement on behalf of the with- ing ‘‘expense incurred by the governing body share’ means an Indian tribe’s portion of all drawing Indian tribe or tribal organization. of the Indian tribe or tribal organization and funds and resources that— ‘‘(II) NO SPECIFIED DATE.—In the absence of any overhead expense incurred’’; ‘‘(A) support any program within the Bu- a date specified in the resolution, the with- (2) by redesignating subparagraph (B) as reau of Indian Affairs, the Office of Special drawal shall become effective on— subparagraph (C); and Trustee, or the Office of the Assistant Sec- ‘‘(aa) the earlier of— (3) by inserting after subparagraph (A) the retary for Indian Affairs; and ‘‘(AA) 1 year after the date of submission following: ‘‘(B) are not required by the Secretary for of the request; and ‘‘(B) In calculating the reimbursement rate the performance of an inherent Federal func- ‘‘(BB) the date on which the funding agree- for expenses described in subparagraph tion. ment expires; or (A)(ii), not less than 50 percent of the ex- ‘‘SEC. 402. ESTABLISHMENT. ‘‘(bb) such date as may be mutually agreed penses described in subparagraph (A)(ii) that ‘‘The Secretary shall establish and carry upon by the Secretary, the withdrawing In- are incurred by the governing body of an In- out a program within the Department to be dian tribe, and the tribal organization that dian tribe or tribal organization relating to known as the ‘Tribal Self-Governance Pro- signed the compact and funding agreement a Federal program, function, service, or ac- gram’. on behalf of the withdrawing Indian tribe or tivity carried out pursuant to the contract ‘‘SEC. 403. SELECTION OF PARTICIPATING INDIAN tribal organization. shall be considered to be reasonable and al- TRIBES. ‘‘(E) DISTRIBUTION OF FUNDS.—If an Indian lowable.’’. ‘‘(a) IN GENERAL.— tribe or tribal organization eligible to enter SEC. 105. CONTRACT OR GRANT SPECIFICATIONS. ‘‘(1) PARTICIPANTS.— into a self-determination contract under Section 108 of the Indian Self-Determina- ‘‘(A) IN GENERAL.—The Secretary, acting title I or a compact or funding agreement tion and Education Assistance Act (25 U.S.C. through the Director of the Office of Self- under this title fully or partially withdraws 450l) is amended— Governance, may select up to 50 new Indian from a participating tribal organization, the (1) in subsection (a)(2), by inserting ‘‘sub- tribes per year from those eligible under sub- withdrawing Indian tribe— ject to subsections (a) and (b) of section 102,’’ section (b) to participate in self-governance. ‘‘(i) may elect to enter into a self-deter- before ‘‘contain’’; and ‘‘(B) JOINT PARTICIPATION.—On the request mination contract or compact, in which (2) in subsection (f)(2)(A)(ii) of the model of each participating Indian tribe, 2 or more case— agreement contained in subsection (c), by in- otherwise eligible Indian tribes may be ‘‘(I) the withdrawing Indian tribe or tribal serting ‘‘subject to subsections (a) and (b) of treated as a single Indian tribe for the pur- organization shall be entitled to its tribal section 102 of the Indian Self-Determination pose of participating in self-governance. share of unexpended funds and resources sup- and Education Assistance Act (25 U.S.C. ‘‘(2) OTHER AUTHORIZED INDIAN TRIBE OR porting the programs that the Indian tribe 450f),’’ before ‘‘such other provisions’’. TRIBAL ORGANIZATION.—If an Indian tribe au- will be carrying out under its own self-deter- TITLE II—TRIBAL SELF-GOVERNANCE thorizes another Indian tribe or a tribal or- mination contract or compact and funding ganization to plan for or carry out a program SEC. 201. TRIBAL SELF-GOVERNANCE. agreement (calculated on the same basis as on its behalf under this title, the authorized Title IV of the Indian Self-Determination the funds were initially allocated to the Indian tribe or tribal organization shall have and Education Assistance Act (25 U.S.C. funding agreement of the tribal organiza- the rights and responsibilities of the author- 458aa et seq.) is amended to read as follows: tion); and izing Indian tribe (except as otherwise pro- ‘‘TITLE IV—TRIBAL SELF-GOVERNANCE ‘‘(II) the funds referred to in subclause (I) vided in the authorizing resolution). shall be withdrawn by the Secretary from ‘‘SEC. 401. DEFINITIONS. ‘‘(3) JOINT PARTICIPATION.—2 or more In- the funding agreement of the tribal organiza- ‘‘In this title: dian tribes that are not otherwise eligible tion and transferred to the withdrawing In- ‘‘(1) COMPACT.—The term ‘compact’ means under subsection (b) may be treated as a sin- dian tribe, on the condition that sections 102 a self-governance compact entered into gle Indian tribe for the purpose of partici- and 105(i), as appropriate, shall apply to the under section 404. pating in self-governance as a tribal organi- withdrawing Indian tribe; or ‘‘(2) CONSTRUCTION PROGRAM; CONSTRUCTION zation if— ‘‘(ii) may elect not to enter into a self-de- PROJECT.—The term ‘construction program’ ‘‘(A) each Indian tribe so requests; and termination contract or compact, in which or ‘construction project’ means a tribal un- ‘‘(B) the tribal organization itself, or at case all unexpended funds and resources as- dertaking relating to the administration, least 1 of the Indian tribes participating in sociated with the withdrawing Indian tribe’s planning, environmental determination, de- the tribal organization, is eligible under sub- returned programs (calculated on the same sign, construction, repair, improvement, or section (b). basis as the funds were initially allocated to expansion of roads, bridges, buildings, struc- ‘‘(4) TRIBAL WITHDRAWAL FROM A TRIBAL OR- the funding agreement of the tribal organiza- tures, systems, or other facilities for pur- GANIZATION.— tion) shall be returned by the tribal organi- poses of housing, law enforcement, deten- ‘‘(A) IN GENERAL.—An Indian tribe that zation to the Secretary for operation of the tion, sanitation, water supply, education, ad- withdraws from participation in a tribal or- programs included in the withdrawal. ministration, community, health, irrigation, ganization, in whole or in part, shall be enti- ‘‘(F) RETURN TO MATURE CONTRACT STA- agriculture, conservation, flood control, tled to participate in self-governance if the TUS.—If an Indian tribe elects to operate all transportation, or port facilities, or for other Indian tribe is eligible under subsection (b). or some programs carried out under a com- tribal purposes. ‘‘(B) EFFECT OF WITHDRAWAL.—If an Indian pact or funding agreement under this title ‘‘(3) DEPARTMENT.—The term ‘Department’ tribe withdraws from participation in a trib- through a self-determination contract under means the Department of the Interior. al organization, the Indian tribe shall be en- title I, at the option of the Indian tribe, the ‘‘(4) FUNDING AGREEMENT.—The term ‘fund- titled to its tribal share of funds and re- resulting self-determination contract shall ing agreement’ means a funding agreement sources supporting the programs that the In- be a mature self-determination contract as entered into under section 405. dian tribe is entitled to carry out under the long as the Indian tribe meets the require- ‘‘(5) GROSS MISMANAGEMENT.—The term compact and funding agreement of the In- ments set forth in section 4(h). ‘gross mismanagement’ means a significant dian tribe. violation, shown by a preponderance of the ‘‘(C) PARTICIPATION IN SELF-GOVERNANCE.— ‘‘(b) ELIGIBILITY.—To be eligible to partici- evidence, of a compact, funding agreement, The withdrawal of an Indian tribe from a pate in self-governance, an Indian tribe or statutory or regulatory requirement ap- tribal organization shall not affect the eligi- shall— plicable to Federal funds— bility of the tribal organization to partici- ‘‘(1) successfully complete the planning ‘‘(A) for a program administered by an In- pate in self-governance on behalf of 1 or phase described in subsection (c); dian tribe; or more other Indian tribes, if the tribal organi- ‘‘(2) request participation in self-govern- ‘‘(B) under a compact or funding agree- zation still qualifies under subsection (b). ance by resolution or other official action by ment that results in a significant reduction ‘‘(D) WITHDRAWAL PROCESS.— the tribal governing body; and

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6816 CONGRESSIONAL RECORD — HOUSE September 22, 2010 ‘‘(3) demonstrate, for the 3 fiscal years pre- agreement with the governing body of an In- or Indians under section 102. Nothing in this ceding the date on which the Indian tribe re- dian tribe or tribal organization in a manner paragraph may be construed to provide any quests participation, financial stability and consistent with the trust responsibility of Indian tribe with a preference with respect financial management capability as evi- the Federal Government, treaty obligations, to the opportunity of that Indian tribe to ad- denced by the Indian tribe having no uncor- and the government-to-government relation- minister programs, services, functions, or ac- rected significant and material audit excep- ship between Indian tribes and the United tivities, or portions thereof, unless that pref- tions in the required annual audit of its self- States. erence is otherwise provided for by law. determination or self-governance agree- ‘‘(b) INCLUDED PROGRAMS.— ‘‘(4) COMPETITIVE BIDDING.—Nothing in this ments with any Federal agency. ‘‘(1) BUREAU OF INDIAN AFFAIRS AND OFFICE section— ‘‘(c) PLANNING PHASE.— OF SPECIAL TRUSTEE.— ‘‘(A) supersedes any express statutory re- ‘‘(1) IN GENERAL.—An Indian tribe seeking ‘‘(A) IN GENERAL.—A funding agreement quirement for competitive bidding; or to begin participation in self-governance shall, as determined by the Indian tribe, au- ‘‘(B) prohibits the inclusion in a funding shall complete a planning phase as provided thorize the Indian tribe to plan, conduct, agreement of a program in which non-Indi- in this subsection. consolidate, administer, and receive full ans have an incidental or legally identifiable ‘‘(2) ACTIVITIES.—The planning phase tribal share funding for all programs carried interest. shall— out by the Bureau of Indian Affairs, the Of- ‘‘(5) EXCLUDED FUNDING.—A funding agree- ‘‘(A) be conducted to the satisfaction of the fice of the Assistant Secretary for Indian Af- ment shall not authorize an Indian tribe to Indian tribe; and fairs, and the Office of the Special Trustee, plan, conduct, administer, or receive tribal ‘‘(B) include— without regard to the agency or office within share funding under any program that— ‘‘(i) legal and budgetary research; and which the program is performed (including ‘‘(A) is provided under the Tribally Con- ‘‘(ii) internal tribal government planning, funding for agency, area, and central office trolled Colleges and Universities Assistance training, and organizational preparation. functions in accordance with section 409(c)), Act of 1978 (25 U.S.C. 1801 et seq.); and that— ‘‘(d) GRANTS.— ‘‘(B) is provided for elementary and sec- ‘‘(i) are provided for in the Act of April 16, ‘‘(1) IN GENERAL.—Subject to the avail- ondary schools under the formula developed ability of appropriations, an Indian tribe or 1934 (25 U.S.C. 452 et seq.); under section 1127 of the Education Amend- tribal organization that meets the require- ‘‘(ii) the Secretary administers for the ben- ments of 1978 (25 U.S.C. 2007). ments of paragraphs (2) and (3) of subsection efit of Indians under the Act of November 2, ‘‘(6) SERVICES, FUNCTIONS, AND RESPONSIBIL- 1921 (25 U.S.C. 13), or any subsequent Act; (b) shall be eligible for grants— ITIES.—A funding agreement shall specify— ‘‘(iii) the Secretary administers for the ‘‘(A) to plan for participation in self-gov- ‘‘(A) the services to be provided under the benefit of Indians with appropriations made ernance; and funding agreement; to agencies other than the Department of ‘‘(B) to negotiate the terms of participa- ‘‘(B) the functions to be performed under the Interior; or tion by the Indian tribe or tribal organiza- the funding agreement; and ‘‘(iv) are provided for the benefit of Indians tion in self-governance, as set forth in a ‘‘(C) the responsibilities of the Indian tribe because of their status as Indians. compact and a funding agreement. and the Secretary under the funding agree- ‘‘(B) INCLUSIONS.—Programs described in ‘‘(2) RECEIPT OF GRANT NOT REQUIRED.—Re- ment. subparagraph (A) shall include all programs ceipt of a grant under paragraph (1) shall not ‘‘(7) BASE BUDGET.— with respect to which Indian tribes or Indi- ‘‘(A) IN GENERAL.—A funding agreement be a requirement of participation in self-gov- ans are primary or significant beneficiaries. ernance. pursuant to paragraphs (1) and (3) shall, at ‘‘(2) DISCRETIONARY PROGRAMS OF SPECIAL ‘‘SEC. 404. COMPACTS. the option of the Indian tribe, provide for a SIGNIFICANCE.— stable base budget specifying the recurring ‘‘(a) IN GENERAL.—The Secretary shall ne- ‘‘(A) IN GENERAL.—A funding agreement gotiate and enter into a written compact funds (which may include funds available under subsection (a) may, in accordance with under section 106(a)) to be transferred to the with each Indian tribe participating in self- such additional terms as the parties consider governance in a manner consistent with the Indian tribe, for such period as the Indian to be appropriate, include programs, serv- tribe specifies in the funding agreement, sub- trust responsibility of the Federal Govern- ices, functions, and activities (or portions ject to annual adjustment only to reflect ment, treaty obligations, and the govern- thereof), administered by the Secretary, in changes in congressional appropriations. ment-to-government relationship between addition to programs described in paragraphs ‘‘(B) DISCRETIONARY PROGRAMS OF SPECIAL Indian tribes and the United States. (1) and (3), that are of special geographical, SIGNIFICANCE.—Upon agreement by the Sec- ‘‘(b) CONTENTS.—A compact under sub- historical, or cultural significance to the In- retary, a funding agreement under paragraph section (a) shall— dian tribe. (2) may also provide for a stable base budget. ‘‘(1) specify and affirm the general terms of ‘‘(B) GOVERNING PROVISIONS.—A funding ‘‘(8) NO WAIVER OF TRUST RESPONSIBILITY.— the government-to-government relationship agreement described in subparagraph (A), in- A funding agreement shall prohibit the Sec- between the Indian tribe and the Secretary; cluding the additional terms, shall be gov- retary from waiving, modifying, or dimin- and erned by this title, except that, subject to ishing in any way the trust responsibility of ‘‘(2) include such terms as the parties in- the discretion of the Secretary— the United States with respect to Indian tend shall control during the term of the ‘‘(i) in accordance with section 406(d), the tribes and individual Indians that exists compact. Indian tribe may have reallocation, consoli- under treaties, Executive orders, court deci- ‘‘(c) AMENDMENT.—A compact under sub- dation, and redesign authority over any pro- sions, and other laws. section (a) may be amended only by agree- gram assumed under this paragraph; ‘‘(c) AMENDMENT.—The Secretary shall not ment of the parties. ‘‘(ii) notwithstanding section 408, the Sec- revise, amend, or require additional terms in ‘‘(d) EFFECTIVE DATE.—The effective date retary may require special terms and condi- a new or subsequent funding agreement of a compact under subsection (a) shall be— tions regarding a construction program or without the consent of the Indian tribe, un- ‘‘(1) the date of the execution of the com- project assumed under this paragraph; less such terms are required by Federal law. pact by the parties; or ‘‘(iii) all Federal regulations that other- ‘‘(d) EFFECTIVE DATE.—A funding agree- ‘‘(2) another date agreed upon by the par- wise govern the operation of any program as- ment shall become effective on the date ties. sumed under this paragraph apply to the In- specified in the funding agreement. ‘‘(e) DURATION.—A compact under sub- dian tribe, unless a specific regulation is ‘‘(e) EXISTING AND SUBSEQUENT FUNDING section (a) shall remain in effect— waived by the Secretary under the proce- AGREEMENTS.— ‘‘(1) for so long as permitted by Federal dures set forth in section 410(b)(2), which ‘‘(1) SUBSEQUENT FUNDING AGREEMENTS.— law; or waiver request may be denied upon a specific Absent notification from an Indian tribe ‘‘(2) until termination by written agree- finding by the Secretary that the waiver is that the Indian tribe is withdrawing or retro- ment, retrocession, or reassumption. prohibited by Federal law or is inconsistent ceding the operation of 1 or more programs ‘‘(f) EXISTING COMPACTS.—An Indian tribe with the express provisions of the funding identified in a funding agreement under participating in self-governance under this agreement; and paragraph (1) or (3) of subsection (b), or un- title, as in effect on the date of enactment of ‘‘(iv) a stable base budget, as described in less otherwise agreed to by the parties to the the Department of the Interior Tribal Self- paragraph (7)(B), may be provided for any funding agreement or by the nature of any Governance Act of 2010, shall have the option program assumed under this paragraph. noncontinuing program, service, function, or at any time after that date— ‘‘(3) PROGRAMS OTHERWISE AVAILABLE.—A activity contained in a funding agreement— ‘‘(1) to retain its negotiated compact (in funding agreement shall, as determined by ‘‘(A) a funding agreement shall remain in whole or in part) to the extent that the pro- the Indian tribe, authorize the Indian tribe full force and effect until a subsequent fund- visions of the compact are not directly con- to plan, conduct, consolidate, administer, ing agreement is executed, with funding paid trary to any express provision of this title; and receive full tribal share funding for any annually for each fiscal year the agreement or program administered by the Department is in effect; and ‘‘(2) to negotiate a new compact in a man- other than through the Bureau of Indian Af- ‘‘(B) the term of the subsequent funding ner consistent with this title. fairs, the Office of the Assistant Secretary agreement shall be retroactive to the end of ‘‘SEC. 405. FUNDING AGREEMENTS. for Indian Affairs, or the Office of the Spe- the term of the preceding funding agreement ‘‘(a) IN GENERAL.—The Secretary shall ne- cial Trustee, that the Secretary has deter- for the purposes of calculating the amount of gotiate and enter into a written funding mined is otherwise available to Indian tribes funding to which the Indian tribe is entitled.

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‘‘(2) DISPUTES.—Disputes over the imple- ‘‘(f) NONDUPLICATION.—A funding agree- ‘‘(c) INABILITY TO AGREE ON COMPACT OR mentation of paragraph (1)(A) shall be sub- ment shall provide that, for the period for FUNDING AGREEMENT.— ject to section 407(c). which, and to the extent to which, funding is ‘‘(1) FINAL OFFER.—If the Secretary and a ‘‘(3) EXISTING FUNDING AGREEMENTS.—An provided to an Indian tribe under this title, participating Indian tribe are unable to Indian tribe that was participating in self- the Indian tribe— agree, in whole or in part, on the terms of a governance under this title on the date of en- ‘‘(1) shall not be entitled to contract with compact or funding agreement (including actment of the Department of the Interior the Secretary for funds under section 102, ex- funding levels), the Indian tribe may submit Tribal Self-Governance Act of 2010 shall have cept that the Indian tribe shall be eligible a final offer to the Secretary. the option at any time after that date— for new programs on the same basis as other ‘‘(2) DETERMINATION.—Not more than 60 ‘‘(A) to retain its existing funding agree- Indian tribes; and days after the date of delivery of a final offer ment (in whole or in part) to the extent that ‘‘(2) shall be responsible for the adminis- to the designated officials under paragraph the provisions of that funding agreement are tration of programs in accordance with the (4), the Secretary shall review and make a not directly contrary to any express provi- compact or funding agreement. determination with respect to the final offer. ‘‘(g) RECORDS.— sion of this title; or ‘‘(3) EXTENSIONS.—The deadline described ‘‘(B) to negotiate a new funding agreement ‘‘(1) IN GENERAL.—Unless an Indian tribe specifies otherwise in the compact or fund- in paragraph (2) may be extended for any in a manner consistent with this title. length of time, as agreed upon by both the ‘‘(4) MULTIYEAR FUNDING AGREEMENTS.—An ing agreement, records of an Indian tribe shall not be considered to be Federal records Indian tribe and the Secretary. Indian tribe may, at the discretion of the In- ‘‘(4) DESIGNATED OFFICIALS.—The Secretary dian tribe, negotiate with the Secretary for for purposes of chapter 5 of title 5, United States Code. shall designate 1 or more appropriate offi- a funding agreement with a term that ex- cials in the Department to receive a copy of ceeds 1 year. ‘‘(2) RECORDKEEPING SYSTEM.—An Indian tribe shall— the final offer described in paragraph (1). ‘‘SEC. 406. GENERAL PROVISIONS. ‘‘(A) maintain a recordkeeping system; and ‘‘(5) NO TIMELY DETERMINATION.—If the Sec- ‘‘(a) APPLICABILITY.—An Indian tribe and ‘‘(B) on a notice period of not less than 30 retary fails to make a determination with the Secretary shall include in any compact respect to a final offer within the period or funding agreement provisions that reflect days, provide the Secretary with reasonable access to the records to enable the Depart- specified in paragraph (2), the Secretary the requirements of this title. shall be deemed to have agreed to the offer. ‘‘(b) CONFLICTS OF INTEREST.—An Indian ment to meet the requirements of sections ‘‘(6) REJECTION OF FINAL OFFER.— tribe participating in self-governance shall 3101 through 3106 of title 44, United States Code. ‘‘(A) IN GENERAL.—If the Secretary rejects ensure that internal measures are in place to a final offer (or 1 or more provisions or fund- address, pursuant to tribal law and proce- ‘‘SEC. 407. PROVISIONS RELATED TO THE SEC- ing levels in a final offer), the Secretary dures, conflicts of interest in the administra- RETARY. shall— tion of programs. ‘‘(a) TRUST EVALUATIONS.—A funding ‘‘(i) provide timely written notification to ‘‘(c) AUDITS.— agreement shall include a provision to mon- the Indian tribe that contains a specific find- ‘‘(1) SINGLE AGENCY AUDIT ACT.—Chapter 75 itor the performance of trust functions by of title 31, United States Code, shall apply to the Indian tribe through the annual trust ing that clearly demonstrates, or that is sup- a funding agreement under this title. evaluation. ported by a controlling legal authority, ‘‘(b) REASSUMPTION.— that— ‘‘(2) COST PRINCIPLES.—An Indian tribe shall apply cost principles under the applica- ‘‘(1) IN GENERAL.—A compact or funding ‘‘(I) the amount of funds proposed in the ble Office of Management and Budget cir- agreement shall include provisions for the final offer exceeds the applicable funding cular, except as modified by— Secretary to reassume a program and associ- level to which the Indian tribe is entitled ‘‘(A) any provision of law, including sec- ated funding if there is a specific finding re- under this title because the final offer would tion 106; or lating to that program of— reduce the funds that any other Indian tribe ‘‘(B) any exemptions to applicable Office of ‘‘(A) imminent jeopardy to a trust asset, or tribal organization is entitled to receive Management and Budget circulars subse- natural resources, or public health and safe- under Federal law; quently granted by the Office of Manage- ty that— ‘‘(II) the program that is the subject of the ment and Budget. ‘‘(i) is caused by an act or omission of the final offer is an inherent Federal function or Indian tribe; and is subject to the discretion of the Secretary ‘‘(3) FEDERAL CLAIMS.—Any claim by the Federal Government against an Indian tribe ‘‘(ii) arises out of a failure to carry out the under section 405(b)(2); relating to funds received under a funding compact or funding agreement; or ‘‘(III) the Indian tribe cannot carry out the agreement based on any audit under this ‘‘(B) gross mismanagement with respect to program in a manner that would not result subsection shall be subject to section 106(f). funds transferred to an Indian tribe under a in significant danger or risk to the public ‘‘(d) REDESIGN AND CONSOLIDATION.—An In- compact or funding agreement, as deter- health; dian tribe may redesign or consolidate pro- mined by the Secretary in consultation with ‘‘(IV) the Indian tribe is not eligible to par- grams or reallocate funds for programs in the Inspector General, as appropriate. ticipate in self-governance under section any manner that the Indian tribe determines ‘‘(2) PROHIBITION.—The Secretary shall not 403(b); or to be in the best interest of the Indian com- reassume operation of a program, in whole or ‘‘(V) the funding agreement would violate munity being served, so long as that the re- part, unless— a Federal statute or regulation; design or consolidation does not have the ef- ‘‘(A) the Secretary first provides written ‘‘(ii) provide technical assistance to over- fect of denying eligibility for services to pop- notice and a hearing on the record to the In- come the objections stated in the notifica- ulation groups otherwise eligible to be dian tribe; and tion required by clause (i); served under applicable Federal law, except ‘‘(B) the Indian tribe does not take correc- ‘‘(iii) provide the Indian tribe with— that, with respect to the reallocation, con- tive action to remedy the mismanagement of ‘‘(I) a hearing on the record with the right solidation, and redesign of programs de- the funds or programs, or the imminent jeop- to engage in full discovery relevant to any scribed in section 405(b)(2), a joint agreement ardy to a trust asset, natural resource, or issue raised in the matter; and between the Secretary and the Indian tribe public health and safety. ‘‘(II) the opportunity for appeal on the ob- shall be required. ‘‘(3) EXCEPTION.— jections raised (except that the Indian tribe ‘‘(e) RETROCESSION.— ‘‘(A) IN GENERAL.—Notwithstanding para- may, in lieu of filing such appeal, directly ‘‘(1) IN GENERAL.—An Indian tribe may graph (2), the Secretary may, on written no- proceed to initiate an action in a United fully or partially retrocede to the Secretary tice to the Indian tribe, immediately re- States district court under section 110(a)); any program under a compact or funding assume operation of a program if— and agreement. ‘‘(i) the Secretary makes a finding of im- ‘‘(iv) provide the Indian tribe the option of ‘‘(2) EFFECTIVE DATE.— minent and substantial jeopardy and irrep- entering into the severable portions of a ‘‘(A) AGREEMENT.—Unless an Indian tribe arable harm to a trust asset, a natural re- final proposed compact or funding agreement rescinds a request for retrocession under source, or the public health and safety (including a lesser funding amount, if any), paragraph (1), the retrocession shall become caused by an act or omission of the Indian that the Secretary did not reject, subject to effective on the date specified by the parties tribe; and any additional alterations necessary to con- in the compact or funding agreement. ‘‘(ii) the imminent and substantial jeop- form the compact or funding agreement to ‘‘(B) NO AGREEMENT.—In the absence of a ardy, and irreparable harm to the trust the severed provisions. specification of an effective date in the com- asset, natural resource, or public health and ‘‘(B) EFFECT OF EXERCISING CERTAIN OP- pact or funding agreement, the retrocession safety arises out of a failure by the Indian TION.—If an Indian tribe exercises the option shall become effective on— tribe to carry out the terms of an applicable specified in subparagraph (A)(iv)— ‘‘(i) the earlier of— compact or funding agreement. ‘‘(i) the Indian tribe shall retain the right ‘‘(I) 1 year after the date on which the re- ‘‘(B) REASSUMPTION.—If the Secretary re- to appeal the rejection by the Secretary quest is submitted; and assumes operation of a program under sub- under this section; and ‘‘(II) the date on which the funding agree- paragraph (A), the Secretary shall provide ‘‘(ii) clauses (i), (ii), and (iii) of subpara- ment expires; or the Indian tribe with a hearing on the record graph (A) shall apply only to the portion of ‘‘(ii) such date as may be mutually agreed not later than 10 days after the date of re- the proposed final compact or funding agree- upon by the Secretary and the Indian tribe. assumption. ment that was rejected by the Secretary.

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‘‘(d) BURDEN OF PROOF.—In any administra- the status of a responsible Federal official ‘‘(2) ADVANCE PAYMENTS.—The Secretary tive action, hearing, or appeal or civil action under those Acts or regulations; and shall include all associated project contin- brought under this section, the Secretary ‘‘(2) accepting the jurisdiction of the gency funds with each advance payment, and shall have the burden of demonstrating— United States courts for the purpose of en- the Indian tribe shall be responsible for the ‘‘(1) by a preponderance of the evidence, forcing the responsibilities of the certifying management of such contingency funds. the validity of the grounds for a reassump- tribal officer assuming the status of a re- ‘‘(g) NEGOTIATIONS.—At the option of the tion under subsection (b); and sponsible Federal official under those Acts Indian tribe, construction project funding ‘‘(2) by clear and convincing evidence, the or regulations. proposals shall be negotiated pursuant to the grounds for rejecting a final offer made ‘‘(c) SAVINGS CLAUSE.—Notwithstanding statutory process in section 105, and any re- under subsection (c). subsection (b), nothing in this Act authorizes sulting construction project agreement shall ‘‘(e) GOOD FAITH.— the Secretary to include in any compact or be incorporated into the funding agreement ‘‘(1) IN GENERAL.—In the negotiation of funding agreement duties of the Secretary as addenda. compacts and funding agreements, the Sec- under the National Environmental Policy ‘‘(h) FEDERAL REVIEW AND VERIFICATION.— retary shall at all times negotiate in good Act (42 U.S.C. 4321 et seq.), the National His- ‘‘(1) IN GENERAL.—The Secretary shall faith to maximize implementation of the toric Preservation Act (16 U.S.C. 470 et seq.), have— self-governance policy. and other related provisions of law that are ‘‘(A) at least 1 opportunity to review and ‘‘(2) POLICY.—The Secretary shall carry out inherent Federal functions. verify, to the satisfaction of the Secretary, this title in a manner that maximizes the ‘‘(d) CODES AND STANDARDS.—In carrying that project planning and design documents policy of tribal self-governance. out a construction project under this title, prepared by the Indian tribe in advance of ‘‘(f) SAVINGS.— an Indian tribe shall— initial construction are in conformity with ‘‘(1) IN GENERAL.—To the extent that pro- ‘‘(1) adhere to applicable Federal, State, the obligations of the Indian tribe under sub- grams carried out for the benefit of Indian local, and tribal building codes, architec- section (c); and tribes and tribal organizations under this tural and engineering standards, and applica- ‘‘(B) before the project planning and design title reduce the administrative or other re- ble Federal guidelines regarding design, documents are implemented, at least 1 op- sponsibilities of the Secretary with respect space, and operational standards, appro- portunity to review and verify to the satis- to the operation of Indian programs and re- priate for the particular project; and faction of the Secretary that subsequent doc- sult in savings that have not otherwise been ‘‘(2) use only architects and engineers ument amendments which result in a signifi- included in the amount of tribal shares and who— cant change in construction are in con- other funds determined under section 409(c), ‘‘(A) are licensed to practice in the State formity with the obligations of the Indian except for funding agreements entered into in which the facility will be built; and tribe under subsection (c). for programs under section 405(b)(2), the Sec- ‘‘(B) certify that— ‘‘(2) REPORTS.—The Indian tribe shall pro- retary shall make such savings available to ‘‘(i) they are qualified to perform the work vide the Secretary with project progress and the Indian tribes or tribal organizations for required by the specific construction in- financial reports not less than semiannually. the provision of additional services to pro- volved; and ‘‘(3) OVERSIGHT VISITS.—The Secretary may conduct onsite project oversight visits semi- gram beneficiaries in a manner equitable to ‘‘(ii) upon completion of design, the plans annually or on an alternate schedule agreed directly served, contracted, and compacted and specifications meet or exceed the appli- to by the Secretary and the Indian tribe. programs. cable construction and safety codes. ‘‘(e) TRIBAL ACCOUNTABILITY.— ‘‘(i) APPLICATION OF OTHER LAWS.—Unless ‘‘(2) DISCRETIONARY PROGRAMS OF SPECIAL ‘‘(1) IN GENERAL.—In carrying out a con- otherwise agreed to by the Indian tribe and SIGNIFICANCE.—For any savings generated as struction project under this title, an Indian except as otherwise provided in this Act, no a result of the assumption of a program by provision of the Office of Federal Procure- an Indian tribe under section 405(b)(2), such tribe shall assume responsibility for the suc- cessful completion of the construction ment Policy Act (41 U.S.C. 401 et seq.), the savings shall be made available to that In- Federal Acquisition Regulations issued pur- dian tribe. project and of a facility that is usable for the purpose for which the Indian tribe received suant to that Act, or any other law or regu- ‘‘(g) TRUST RESPONSIBILITY.—The Sec- lation pertaining to Federal procurement retary may not waive, modify, or diminish in funding. ‘‘(2) REQUIREMENTS.—For each construc- (including Executive orders) shall apply to any way the trust responsibility of the any construction program or project carried United States with respect to Indian tribes tion project carried out by an Indian tribe under this title, the Indian tribe and the Sec- out under this title. and individual Indians that exists under ‘‘(j) FUTURE FUNDING.—Upon completion of retary shall negotiate a provision to be in- treaties, Executive orders, other laws, or a facility constructed under this title, the cluded in the funding agreement that identi- court decisions. Secretary shall include the facility among ‘‘(h) DECISIONMAKER.—A decision that con- fies— those eligible for annual operation and main- stitutes final agency action and relates to an ‘‘(A) the approximate start and completion tenance funding support comparable to that appeal within the Department conducted dates for the project, which may extend over provided for similar facilities funded by the under subsection (c)(4) may be made by— a period of 1 or more years; Department as annual appropriations are ‘‘(1) an official of the Department who ‘‘(B) a general description of the project, available and to the extent that the facility holds a position at a higher organizational including the scope of work, references to de- size and complexity and other factors do not level within the Department than the level sign criteria, and other terms and condi- exceed the funding formula criteria for com- of the departmental agency in which the de- tions; parable buildings. cision that is the subject of the appeal was ‘‘(C) the responsibilities of the Indian tribe ‘‘SEC. 409. PAYMENT. made; or and the Secretary for the project; ‘‘(a) IN GENERAL.—At the request of the ‘‘(2) an administrative law judge. ‘‘(D) how project-related environmental governing body of an Indian tribe and under ‘‘(i) RULES OF CONSTRUCTION.—Each provi- considerations will be addressed; the terms of an applicable funding agree- sion of this title and each provision of a com- ‘‘(E) the amount of funds provided for the ment, the Secretary shall provide funding to pact or funding agreement shall be liberally project; the Indian tribe to carry out the funding construed for the benefit of the Indian tribe ‘‘(F) the obligations of the Indian tribe to agreement. participating in self-governance, and any comply with the codes referenced in sub- ‘‘(b) ADVANCE ANNUAL PAYMENT.—At the ambiguity shall be resolved in favor of the section (c)(1) and applicable Federal laws and option of the Indian tribe, a funding agree- Indian tribe. regulations; ment shall provide for an advance annual ‘‘SEC. 408. CONSTRUCTION PROGRAMS AND ‘‘(G) the agreement of the parties over who payment to an Indian tribe. PROJECTS. will bear any additional costs necessary to ‘‘(c) AMOUNT.— ‘‘(a) IN GENERAL.—Indian tribes partici- meet changes in scope, or errors or omissions ‘‘(1) IN GENERAL.—Subject to subsection (e) pating in tribal self-governance may carry in design and construction; and and sections 405 and 406, the Secretary shall out construction projects under this title. ‘‘(H) the agreement of the Secretary to provide funds to the Indian tribe under a ‘‘(b) TRIBAL OPTION TO CARRY OUT CERTAIN issue a certificate of occupancy, if requested funding agreement for programs in an FEDERAL ENVIRONMENTAL ACTIVITIES.—In by the Indian tribe, based upon the review amount that is equal to the amount that the carrying out a construction project under and verification by the Secretary, to the sat- Indian tribe would have been entitled to re- this title, an Indian tribe may, subject to the isfaction of the Secretary, that the Indian ceive under contracts and grants under this agreement of the Secretary, elect to assume tribe has secured upon completion the review Act (including amounts for direct program some Federal responsibilities under the Na- and approval of the plans and specifications, and contract support costs and, in addition, tional Environmental Policy Act of 1969 (42 sufficiency of design, life safety, and code any funds that are specifically or function- U.S.C. 4321 et seq.), the National Historic compliance by qualified, licensed, and inde- ally related to the provision by the Sec- Preservation Act (16 U.S.C. 470 et seq.), and pendent architects and engineers. retary of services and benefits to the Indian related provisions of law and regulations ‘‘(f) FUNDING.— tribe or its members) without regard to the that would apply if the Secretary were to un- ‘‘(1) IN GENERAL.—Funding appropriated for organization level within the Department at dertake a construction project, by adopting construction projects carried out under this which the programs are carried out. a resolution— title shall be included in funding agreements ‘‘(2) SAVINGS CLAUSE.—Nothing in this sec- ‘‘(1) designating a certifying tribal officer as annual or semiannual advance payments tion reduces programs, services, or funds of, to represent the Indian tribe and to assume at the option of the Indian tribe. or provided to, another Indian tribe.

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‘‘(d) TIMING.— plies, or resources to the Indian tribe under Secretary and the designated officials under ‘‘(1) IN GENERAL.—Pursuant to the terms of this title. paragraph (4) of a request under paragraph any compact or funding agreement entered ‘‘(i) PROMPT PAYMENT ACT.—Chapter 39 of (1), the Secretary shall approve or deny the into under this title, the Secretary shall title 31, United States Code, shall apply to requested waiver in writing to the Indian transfer to the Indian tribe all funds pro- the transfer of funds due under a compact or tribe. vided for in the funding agreement, pursuant funding agreement authorized under this ‘‘(3) EXTENSIONS.—The deadline described to subsection (c), and provide funding for pe- title. in paragraph (2) may be extended for any riods covered by joint resolution adopted by ‘‘(j) INTEREST OR OTHER INCOME.— length of time, as agreed upon by both the Congress making continuing appropriations, ‘‘(1) IN GENERAL.—An Indian tribe may re- Indian tribe and the Secretary. to the extent permitted by such resolution. tain interest or income earned on any funds ‘‘(4) DESIGNATED OFFICIALS.—The Secretary ‘‘(2) TRANSFERS.—Not later than 1 year paid under a compact or funding agreement shall designate 1 or more appropriate offi- after the date of enactment of the Depart- to carry out governmental purposes. cials in the Department to receive a copy of ment of the Interior Tribal Self-Governance ‘‘(2) NO EFFECT ON OTHER AMOUNTS.—The the waiver request described in paragraph Act of 2010, in any instance in which a fund- retention of interest or income under para- (1). ing agreement requires an annual transfer of graph (1) shall not diminish the amount of ‘‘(5) GROUND FOR DENIAL.—The Secretary funding to be made at the beginning of a fis- funds an Indian tribe is entitled to receive may deny a request under paragraph (1)— cal year or requires semiannual or other under a funding agreement in the year the ‘‘(A) for a program eligible under para- periodic transfers of funding to be made interest or income is earned or in any subse- graph (1) or (3) of section 405(b), only upon a commencing at the beginning of a fiscal quent fiscal year. specific finding by the Secretary that the year, the first such transfer shall be made ‘‘(3) INVESTMENT STANDARD.—Funds trans- identified text in the regulation may not be not later than 10 days after the apportion- ferred under this title shall be managed by waived because such a waiver is prohibited ment of such funds by the Office of Manage- the Indian tribe using the prudent invest- by Federal law; and ment and Budget to the Department, unless ment standard, provided that the Secretary ‘‘(B) for a program eligible under section the funding agreement provides otherwise. shall not be liable for any investment losses 405(b)(2), upon a specific finding by the Sec- ‘‘(e) AVAILABILITY.—Funds for trust serv- of funds managed by the Indian tribe that retary that the waiver is prohibited by Fed- ices to individual Indians shall be available are not otherwise guaranteed or insured by eral law or is inconsistent with the express under a funding agreement only to the ex- the Federal Government. provisions of the funding agreement. ‘‘(k) CARRYOVER OF FUNDS.— tent that the same services that would have ‘‘(6) FAILURE TO MAKE DETERMINATION.—If ‘‘(1) IN GENERAL.—Notwithstanding any been provided by the Secretary are provided the Secretary fails to approve or deny a provision of an appropriations Act, all funds to individual Indians by the Indian tribe. waiver request within the period required paid to an Indian tribe in accordance with a ‘‘(f) MULTIYEAR FUNDING.—A funding agree- under paragraph (2), the Secretary shall be compact or funding agreement shall remain ment may provide for multiyear funding. deemed to have approved the request. available until expended. ‘‘(g) LIMITATIONS ON AUTHORITY OF THE ‘‘(7) FINALITY.—A decision of the Secretary ‘‘(2) EFFECT OF CARRYOVER.—If an Indian SECRETARY.—The Secretary shall not— under this section shall be final for the De- tribe elects to carry over funding from 1 year partment. ‘‘(1) fail to transfer to an Indian tribe its to the next, the carryover shall not diminish ‘‘SEC. 411. DISCLAIMERS. full share of any central, headquarters, re- the amount of funds the Indian tribe is enti- ‘‘Nothing in this title expands or alters gional, area, or service unit office or other tled to receive under a funding agreement in any statutory authority of the Secretary in funds due under this title for programs eligi- that fiscal year or any subsequent fiscal a manner that authorizes the Secretary to ble under paragraph (1) or (3) of section year. 405(b), except as required by Federal law; ‘‘(l) LIMITATION OF COSTS.— enter into any agreement under section 405— ‘‘(2) withhold any portion of such funds for ‘‘(1) IN GENERAL.—An Indian tribe shall not ‘‘(1) with respect to an inherent Federal transfer over a period of years; or be obligated to continue performance that function; ‘‘(3) reduce the amount of funds required requires an expenditure of funds in excess of ‘‘(2) in a case in which the law establishing under this title— the amount of funds transferred under a a program explicitly prohibits the type of ‘‘(A) to make funding available for self- compact or funding agreement. participation sought by the Indian tribe governance monitoring or administration by ‘‘(2) NOTICE OF INSUFFICIENCY.—If at any (without regard to whether 1 or more Indian the Secretary; time the Indian tribe has reason to believe tribes are identified in the authorizing law); ‘‘(B) in subsequent years, except as nec- that the total amount provided for a specific or essary as a result of— activity under a compact or funding agree- ‘‘(3) that limits or reduces in any way the ‘‘(i) a reduction in appropriations from the ment is insufficient, the Indian tribe shall services, contracts, or funds that any other previous fiscal year for the program to be in- provide reasonable notice of such insuffi- Indian tribe or tribal organization is eligible cluded in a compact or funding agreement; ciency to the Secretary. to receive under section 102 or any other ap- ‘‘(ii) a congressional directive in legisla- ‘‘(3) SUSPENSION OF PERFORMANCE.—If, after plicable Federal law. tion or an accompanying report; notice under paragraph (2), the Secretary ‘‘SEC. 412. DISCRETIONARY APPLICATION OF ‘‘(iii) a tribal authorization; does not increase the amount of funds trans- OTHER SECTIONS. ‘‘(iv) a change in the amount of pass- ferred under the funding agreement, the In- ‘‘(a) IN GENERAL.—Except as otherwise pro- through funds subject to the terms of the dian tribe may suspend performance of the vided in section 101(c), at the option of a par- funding agreement; or activity until such time as additional funds ticipating Indian tribe or Indian tribes, any ‘‘(v) completion of an activity under a pro- are transferred. of the provisions of title I may be incor- gram for which the funds were provided; ‘‘(4) SAVINGS CLAUSE.—Nothing in this sec- porated in any compact or funding agree- ‘‘(C) to pay for Federal functions, includ- tion reduces any programs, services, or funds ment under this title. ing— of, or provided to, another Indian tribe. ‘‘(b) EFFECT.—Each incorporated provision ‘‘(i) Federal pay costs; ‘‘(m) DISTRIBUTION OF FUNDS.—The Office under subsection (a) shall— ‘‘(ii) Federal employee retirement benefits; of Self-Governance shall be responsible for ‘‘(1) have the same force and effect as if set ‘‘(iii) automated data processing; distribution of all Bureau of Indian Affairs out in full in this title; ‘‘(iv) technical assistance; and funds provided under this title unless other- ‘‘(2) supplement or replace any related pro- ‘‘(v) monitoring of activities under this wise agreed by the parties to an applicable vision in this title; and title; or funding agreement. ‘‘(3) apply to any agency otherwise gov- ‘‘(D) to pay for costs of Federal personnel ‘‘SEC. 410. FACILITATION. erned by this title. displaced by self-determination contracts ‘‘(a) IN GENERAL.—Except as otherwise pro- ‘‘(c) EFFECTIVE DATE.—If an Indian tribe under this Act or self-governance under this vided by law, the Secretary shall interpret requests incorporation at the negotiation title. each Federal law and regulation in a manner stage of a compact or funding agreement, the ‘‘(h) FEDERAL RESOURCES.—If an Indian that facilitates— incorporation shall— tribe elects to carry out a compact or fund- ‘‘(1) the inclusion of programs in funding ‘‘(1) be effective immediately; and ing agreement with the use of Federal per- agreements; and ‘‘(2) control the negotiation and resulting sonnel, Federal supplies (including supplies ‘‘(2) the implementation of funding agree- compact and funding agreement. available from Federal warehouse facilities), ments. ‘‘SEC. 413. FUNDING NEEDS. Federal supply sources (including lodging, ‘‘(b) REGULATION WAIVER.— ‘‘(a) REQUIREMENT OF ANNUAL BUDGET RE- airline transportation, and other means of ‘‘(1) REQUEST.—An Indian tribe may submit QUEST.— transportation, including the use of inter- to the Secretary a written request for a ‘‘(1) IN GENERAL.—The President shall iden- agency motor pool vehicles), or other Fed- waiver of applicability of a Federal regula- tify in a report to accompany the annual eral resources (including supplies, services, tion, including— budget request submitted to Congress under and resources available to the Secretary ‘‘(A) an identification of the specific text section 1105 of title 31, United States Code, under any procurement contracts in which in the regulation sought to be waived; and all amounts necessary to fully fund all fund- the Department is eligible to participate), ‘‘(B) the basis for the request. ing agreements entered into under this Act. the Secretary shall, as soon as practicable, ‘‘(2) DETERMINATION BY THE SECRETARY.— ‘‘(2) DUTY OF SECRETARY.—The Secretary acquire and transfer such personnel, sup- Not later than 120 days after receipt by the shall identify in a report to accompany each

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6820 CONGRESSIONAL RECORD — HOUSE September 22, 2010 budget request the amount of funds that are other Federal agency) for inclusion in com- paragraph (1) shall expire on the date that is sufficient for planning and negotiation pacts or funding agreements; 24 months after the date of enactment of the grants and sufficient to cover any shortfall ‘‘(4) before being submitted to Congress, be Department of the Interior Tribal Self-Gov- in funding identified under subsection (b). distributed to the Indian tribes for comment ernance Act of 2010. ‘‘(3) RULE OF CONSTRUCTION.—Nothing in (with a comment period of not less than 30 ‘‘(b) COMMITTEE.— this subsection authorizes the Secretary to days); and ‘‘(1) MEMBERSHIP.—A negotiated rule- reduce the programs, services, or funds to an ‘‘(5) include the separate views and com- making committee established pursuant to Indian tribe. ments of each Indian tribe or tribal organiza- section 565 of title 5, United States Code, to ‘‘(b) PRESENT FUNDING; SHORTFALLS.— tion. carry out this section shall have as its mem- ‘‘(1) IN GENERAL.—In each report described ‘‘(c) REPORT ON NON-BIA, NON-OST PRO- bers only representatives of the Federal Gov- in subsection (a)(2), the Secretary shall iden- GRAMS.— ernment and tribal government. tify the level of need presently funded and ‘‘(1) IN GENERAL.—In order to optimize op- ‘‘(2) LEAD AGENCY.—Among the Federal any shortfall in funding (including direct portunities for Indian tribes participating in representatives described in paragraph (1), program costs, tribal shares, and contract self-governance under this title, the Sec- the Office of Self-Governance shall be the support costs) for each Indian tribe, directly retary shall— lead agency for the Department. by the Secretary, under self-determination ‘‘(A) review all programs administered by ‘‘(c) ADAPTATION OF PROCEDURES.—The contracts, or compacts, or funding agree- the Department, other than through the Bu- Secretary shall adapt the negotiated rule- ments. reau of Indian Affairs, the Office of the As- making procedures to the unique context of ‘‘(2) SCHEDULE.— sistant Secretary for Indian Affairs, or the self-governance and the government-to-gov- ‘‘(A) FIRST REPORT.—The first report re- Office of Special Trustee, without regard to ernment relationship between the United quired under subsection (a)(1) shall be— the agency or office concerned; and States and Indian tribes. ‘‘(i) limited to the Bureau of Indian Affairs ‘‘(B) not later than January 1 of each year, ‘‘(d) EFFECT.— agency office; and submit to Congress— ‘‘(1) REPEAL.—The Secretary may repeal ‘‘(ii) due on February 1, 2012. ‘‘(i) a list of all such programs that the any regulation that is inconsistent with this Secretary determines, with the concurrence ‘‘(B) SECOND REPORT.—The second report Act. of Indian tribes participating in self-govern- required under subsection (a)(1) shall— ‘‘(2) CONFLICTING PROVISIONS.—This title ‘‘(i) include all funding at the Bureau of In- ance under this title, are eligible to be in- shall supersede any conflicting provision of dian Affairs agency and regional offices; and cluded in a funding agreement at the request law (including any conflicting regulations). of a participating Indian tribe; and ‘‘(ii) due on February 1, 2013. ‘‘(3) EFFECTIVENESS WITHOUT REGARD TO ‘‘(ii) a list of all such programs for which ‘‘(C) SUBSEQUENT REPORT.—Beginning with REGULATIONS.—The lack of promulgated reg- Indian tribes have requested to include in a the third report required under subsection ulations on an issue shall not limit the effect funding agreement under paragraph (2) or (3) (a)(1), which shall be due on February 1, 2014, or implementation of this title. of section 405(b), indicating whether each re- all reports required under subsection (a)(1) quest was granted or denied, and stating the ‘‘SEC. 416. EFFECT OF CIRCULARS, POLICIES, shall include all funding at the Bureau of In- MANUALS, GUIDANCES, AND RULES. grounds for any denial. dian Affairs agency, regional, and central of- ‘‘Unless expressly agreed to by a partici- ‘‘(2) PROGRAMMATIC TARGETS.—The Sec- fices, the Office of the Assistant Secretary pating Indian tribe in a compact or funding retary shall establish programmatic targets, for Indian Affairs, and the Office of the Spe- agreement, the participating Indian tribe after consultation with Indian tribes partici- cial Trustee. shall not be subject to any agency circular, pating in self-governance, to encourage bu- policy, manual, guidance, or rule adopted by ‘‘SEC. 414. REPORTS. reaus of the Department to ensure that a sig- the Department, except for— ‘‘(a) IN GENERAL.— nificant portion of the programs identified in ‘‘(1) the eligibility provisions of section ‘‘(1) REQUIREMENT.—Not later than Feb- paragraph (1) are included in funding agree- 105(g); and ruary 1 of each year, the Secretary shall sub- ments. ‘‘(2) regulations promulgated pursuant to mit to Congress a report regarding the ad- ‘‘(3) PUBLICATION.—The lists and targets section 415. ministration of this title. under paragraphs (1) and (2) shall be— ‘‘(2) ANALYSIS.—A report under paragraph ‘‘(A) published in the Federal Register; and ‘‘SEC. 417. APPEALS. (1) shall include a detailed analysis of unmet ‘‘(B) made available to Indian tribes. ‘‘Except as provided in section 407(d), in need for each Indian tribe, regardless of ‘‘(4) ANNUAL REVIEW.— any administrative action, appeal, or civil whether the Indian tribe is served directly ‘‘(A) IN GENERAL.—The Secretary shall an- action for judicial review of any decision by the Secretary, under self-determination nually review and publish in the Federal made by the Secretary under this title, the contracts under title I, or under compacts Register, after consultation with Indian Secretary shall have the burden of proof of and funding agreements authorized under tribes participating in self-governance, re- demonstrating by a preponderance of the evi- this title. vised lists and programmatic targets. dence— ‘‘(3) NO ADDITIONAL REPORTING REQUIRE- ‘‘(B) CONTENTS.—The revised lists and pro- ‘‘(1) the validity of the grounds for the de- MENTS.—In preparing reports under para- grammatic targets shall include all pro- cision; and graph (1), the Secretary may not impose any grams that were eligible for contracting in ‘‘(2) the consistency of the decision with reporting requirements on participating In- the original list published in the Federal the requirements and policies of this title. dian tribes not otherwise provided by this Register in 1995, except for programs specifi- ‘‘SEC. 418. APPLICATION OF OTHER PROVISIONS. title. cally determined not to be contractible as a ‘‘Section 314 of the Department of the Inte- ‘‘(b) CONTENTS.—Each report under sub- matter of law. rior and Related Agencies Appropriations section (a)(1) shall— ‘‘(d) REPORT ON CENTRAL OFFICE FUNDS.— Act, 1991 (Public Law 101–512; 104 Stat. 1959), ‘‘(1) be compiled from information con- Not later than February 1, 2012, the Sec- shall apply to compacts and funding agree- tained in funding agreements, annual audit retary shall, in consultation with Indian ments entered into under this title. reports, and data of the Secretary regarding tribes, develop a funding formula to deter- ‘‘SEC. 419. AUTHORIZATION OF APPROPRIATIONS. the disposition of Federal funds; mine the individual tribal share of funds con- ‘‘There are authorized to be appropriated ‘‘(2) identify— trolled by the Central Office of the Bureau of such sums as are necessary to carry out this ‘‘(A) the relative costs and benefits of self- Indian Affairs, the Office of the Special title.’’. governance; Trustee, and the Office of the Assistant Sec- ‘‘(B) with particularity, all funds that are retary for Indian Affairs for inclusion in the The SPEAKER pro tempore. Pursu- specifically or functionally related to the compacts. ant to the rule, the gentlewoman from provision by the Secretary of services and ‘‘SEC. 415. REGULATIONS. the Virgin Islands (Mrs. CHRISTENSEN) benefits to self-governance Indian tribes and ‘‘(a) IN GENERAL.— and the gentleman from Washington members of Indian tribes; ‘‘(1) PROMULGATION.—Not later than 90 (Mr. HASTINGS) each will control 20 ‘‘(C) the funds transferred to each Indian days after the date of enactment of the De- minutes. tribe and the corresponding reduction in the partment of the Interior Tribal Self-Govern- The Chair now recognizes the gentle- Federal employees and workload; ance Act of 2010, the Secretary shall initiate ‘‘(D) the funding formula for individual procedures under subchapter III of chapter 5 woman from the Virgin Islands. tribal shares of all Central Office funds, to- of title 5, United States Code, to negotiate GENERAL LEAVE gether with the comments of affected Indian and promulgate such regulations as are nec- Mrs. CHRISTENSEN. Mr. Speaker, I tribes, developed under subsection (d); and essary to carry out this title. ask unanimous consent that all Mem- ‘‘(E) amounts expended in the preceding ‘‘(2) PUBLICATION OF PROPOSED REGULA- bers may have 5 legislative days in fiscal year to carry out inherent Federal TIONS.—Proposed regulations to implement which to revise and extend their re- functions, including an identification of in- this title shall be published in the Federal marks and include extraneous material herent Federal functions; Register not later than 18 months after the ‘‘(3) contain a description of the methods date of enactment of the Department of the on the bill under consideration. used to determine the individual tribal share Interior Tribal Self-Governance Act of 2010. The SPEAKER pro tempore. Is there of funds controlled by all components of the ‘‘(3) EXPIRATION OF AUTHORITY.—The au- objection to the request of the gentle- Department (including funds assessed by any thority to promulgate regulations under woman from the Virgin Islands?

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6821 There was no objection. think the House is owed something in H.R. 5811 Mrs. CHRISTENSEN. I yield myself writing from the Department clari- Be it enacted by the Senate and House of Rep- such time as I may consume. fying its views on the amended bill. Re- resentatives of the United States of America in Mr. Speaker, under self-governance, gardless, I do not see this silence from Congress assembled, Indian tribes assume the duties of the the administration as a reason to hold SECTION 1. BLOOD QUANTUM REQUIREMENT DE- TERMINED BY TRIBE. Federal Government for certain pro- up the progress on the bill. Section 108(a)(2) of the Ysleta del Sur grams within the Department of the Ms. RICHARDSON. Mr. Speaker, I rise Pueblo and Alabama and Coushatta Indian Interior and the Department of Health today in support of H.R. 4347, which author- Tribes of Texas Restoration Act (25 U.S.C. and Human Services. Self-governance izes the Secretary of the Department of the In- 1300g–7(a)(2)) is amended to read as follows: empowers tribes to exercise their in- terior to select up to 50 new Indian tribes per ‘‘(2) any person of Tigua Ysleta del Sur herent sovereignty and make key deci- year to participate in self-governance pro- Pueblo Indian blood enrolled by the tribe.’’. sions that will impact their nations. grams. I am proud to co-sponsor the Depart- The SPEAKER pro tempore. Pursu- The widespread success of self-govern- ment of the Interior Tribal Self-Governance ant to the rule, the gentlewoman from ance since its inception demonstrates Act, and I thank my colleague, Congressman the Virgin Islands (Mrs. CHRISTENSEN) that when tribes make the decisions BOREN for introducing this legislation. and the gentleman from Washington that directly impact their tribal citi- As a member of the Native American Cau- (Mr. HASTINGS) each will control 20 zens, the outcomes are far greater. cus, I have worked with my colleagues in Con- minutes. Introduced by our colleague from gress to address the needs of Native Ameri- The Chair recognizes the gentle- Oklahoma (Mr. BOREN), H.R. 4347 would cans. This legislation will allow eligible tribes woman from the Virgin Islands. amend the self-determination con- to assume the duties of the Federal Govern- GENERAL LEAVE tracting program to allow title 1 tribes ment for certain programs within the Depart- Mrs. CHRISTENSEN. Mr. Speaker, I to become familiar with the self-gov- ment of the Interior and the Department of ask unanimous consent that all Mem- ernance compacting program. This leg- Health and Human Services. bers may have 5 legislative days in islation would also amend the Depart- Mr. Speaker, the Government Accounting which to revise and extend their re- ment of the Interior self-governance Office has shown that tribes that participate in marks and include extraneous material program to make it consistent with the self-governance have seen greater gains in on the bill under consideration. The SPEAKER pro tempore. Is there self-governance program at the Depart- employment than tribes that do not. The pas- objection to the request of the gentle- ment of Health and Human Services. It sage of this legislation will allow more tribes to allows Indian tribes to step into the woman from the Virgin Islands? participate in self-governance programs and There was no objection. shoes of the Federal Government to ad- increase the financial prospects for its mem- Mrs. CHRISTENSEN. Mr. Speaker, I minister programs at the Department bers. yield myself such time as I may con- of the Interior using rules and proce- California is home to over 100 federally rec- sume. dures similar to those used at the In- ognized tribes. These tribes deserve the op- One of the greatest exercises of tribe dian Health Service. portunity to participate in self-governance pro- sovereignty is the ability of a tribe to I would like to commend Mr. BOREN grams should they desire to do so. determine its tribal membership. This from Oklahoma for his leadership on Mr. Speaker, I urge my colleagues to join measure would allow a Texas tribe to this issue, and I urge my colleagues to me in supporting H.R. 4347 and allow Native determine the blood quantum require- support this measure. American tribes the opportunity to enter into ment for membership in that tribe. Mr. Speaker, I reserve the balance of self-governance agreements. Native Ameri- My colleague, the gentleman from my time. cans should be afforded the opportunity to ad- Texas (Mr. REYES), introduced H.R. Mr. HASTINGS of Washington. Mr. minister their programs and increase employ- 5811 to restore the tribe’s right to de- Speaker, I yield myself such time as I ment among its members. termine its own membership require- may consume. Mr. HASTINGS of Washington. Mr. ments by deleting a blood quantum re- Mr. Speaker, the bill under consider- Speaker, I have no further requests for quirement specified in a 1987 law. Pas- ation today is an amended version of time, and I yield back the balance of sage of this legislation would extend to the bill as reported, and I thank the my time. the tribe the same sovereign right pos- chairman of the committee and the Mrs. CHRISTENSEN. Mr. Speaker, I sessed by all other Indian tribes: The sponsor of the legislation for their will- yield back the balance of my time. ability to determine who is and who is ingness to engage the Republicans on a The SPEAKER pro tempore. The not a member of that tribe. bipartisan basis in what is a rather question is on the motion offered by This measure is long overdue. I com- complex body of law. the gentlewoman from the Virgin Is- mend my colleague for introducing it. The Republicans hope this bill ac- lands (Mrs. CHRISTENSEN) that the Similar legislation passed the House complishes its primary goal, which is House suspend the rules and pass the last Congress by unanimous consent. I to increase the outsourcing to tribes of bill, H.R. 4347, as amended. urge Members to support this measure. programs and functions of the Depart- The question was taken; and (two- I reserve the balance of my time. ment of the Interior that are provided thirds being in the affirmative) the Mr. HASTINGS of Washington. Mr. to Indians because of their status as In- rules were suspended and the bill, as Speaker, the gentlelady from the Vir- dians. amended, was passed. gin Islands has adequately described At the core of H.R. 4347 is the prin- A motion to reconsider was laid on this legislation. ciple that Washington, DC, is not capa- the table. I reserve the balance of my time. ble of managing tribal programs as ef- Mrs. CHRISTENSEN. Mr. Speaker, I fectively as the governments of Indian f yield such time as he may consume to the sponsor of this legislation, the gen- people—the Indian tribes. This bill ALLOWING YSLETA DEL SUR tleman from Texas (Mr. REYES). could be a template for proposals to PUEBLO TRIBE TO DETERMINE outsource Federal programs, where ap- Mr. REYES. Mr. Speaker, I want to BLOOD REQUIREMENT FOR MEM- thank the gentlelady for yielding me propriate, to States, tribes, and the BERSHIP private sector. this time, and the ranking member and I must say, Mr. Speaker, I’m dis- Mrs. CHRISTENSEN. Mr. Speaker, I the chairman for supporting this bill. appointed that the Obama administra- move to suspend the rules and pass the It is a very important bill for us, for tion has not provided a formal state- bill (H.R. 5811) to amend the Ysleta del the Ysleta del Sur Pueblo Tribe and ment on the position of H.R. 4347, as Sur Pueblo and Alabama and Alabama and Coushatta Indian Tribes. amended. Coushatta Indian Tribes of Texas Res- Mr. Speaker, I rise to support H.R. 5811, a toration Act to allow the Ysleta del bill I introduced to amend the Ysleta del Sur b 1430 Sur Pueblo Tribe to determine blood Pueblo and Alabama and Coushatta Indian Bipartisan staff sought to address quantum requirement for membership Tribes of Texas Restoration Act of 1987 to concerns expressed by the Department in that tribe. allow the Ysleta del Sur Pueblo Tigua tribe the of the Interior in its testimony on the The Clerk read the title of the bill. authority to determine the blood quantum re- bill as introduced. For this reason, I The text of the bill is as follows: quirement for membership in their tribe. Since

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4634 Sfmt 9920 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6822 CONGRESSIONAL RECORD — HOUSE September 22, 2010 coming to Congress, I have been proud to should be permitted to determine their require- (c) TRANSFER OF ADMINISTRATIVE JURISDIC- represent the Tiguas and I have continually ments to be a member, rather than having to TION TO BIA.—Administrative jurisdiction of the fought to lift this requirement. rely on some outside body to make this deter- approximately 3.5 acres of Federal land admin- My Congressional district in El Paso is istered by the National Park Service as gen- mination. erally depicted on the map as ‘‘Lands to be home to the Tigua Ysleta del Sur Pueblo, the Mr. Speaker, I urge my colleagues to join Transferred to BIA’’ are hereby transferred to oldest community in Texas. They are one of me in supporting H.R. 5811. the Bureau of Indian Affairs for the purposes of the three Native American tribes and the only Mr. HASTINGS of Washington. I the San Carlos Irrigation Project. Pueblo tribe in the state. The Tiguas have yield back the balance of my time. (d) ADMINISTRATION.—Upon acquisition or maintained a significant presence in the El Mrs. CHRISTENSEN. Mr. Speaker, I transfer of the lands identified in subsections Paso region with tribal enrollment currently yield back the balance of my time. (a) and (b), the Secretary shall administer those over 1,600 citizens. The Tiguas have also The SPEAKER pro tempore. The lands as part of the Monument in accordance been very active participants in the regional question is on the motion offered by with the laws generally applicable to units of the gentlewoman from the Virgin Is- the National Park System, including— business community for almost 40 years. The (1) the National Park Service Organic Act (16 tribe strives to establish a business-friendly lands (Mrs. CHRISTENSEN) that the U.S.C. 1 et seq.); and environment while maintaining their culture House suspend the rules and pass the (2) the Act of August 21, 1935 (16 U.S.C. 461 et and traditions. The tribe owns and operates a bill, H.R. 5811. seq.). diverse set of enterprises and corporations The question was taken; and (two- (e) BOUNDARY AND MAP UPDATE.— that provide employment for both tribal mem- thirds being in the affirmative) the (1) TRANSFERS.—Upon completion of the transfers pursuant to subsection (b), the Sec- bers and the El Paso community. rules were suspended and the bill was passed. retary shall modify the boundary of the Monu- However, the Tiguas are one of a very few ment accordingly, and shall update the map to federally-recognized tribes still required by A motion to reconsider was laid on reflect such transfers. Federal law to use a specified degree of blood the table. (2) ACQUISITIONS.—Upon completion of any of quantum to determine membership. If the cur- f the acquisitions pursuant to subsection (a), the rent 1⁄8 degree requirement remains in effect, Secretary shall modify the boundary of the CASA GRANDE RUINS NATIONAL Monument accordingly, and shall update the Tigua tribal membership will decline signifi- MONUMENT BOUNDARY MODI- cantly within three generations. map to reflect such acquisitions. FICATION ACT OF 2010 (f) MAP ON FILE.—The map shall be on file For decades, other tribal governments have and available for inspection in the appropriate used a variety of methods to determine mem- Mrs. CHRISTENSEN. Mr. Speaker, I move to suspend the rules and pass the offices of the National Park Service, U.S. De- bership. The decision to use a blood quantum partment of the Interior. bill (H.R. 5110) to modify the boundary requirement has been at the discretion of the SEC. 4. ADMINISTRATION OF STATE TRUST tribe as a part of their tribal sovereignty. of the Casa Grande Ruins National LANDS. Tribes have also been able to determine if lin- Monument, and for other purposes, as The Secretary may enter in to an agreement eal and collateral descendents of members amended. with the State to provide for cooperative man- listed in their base rolls are eligible to be en- The Clerk read the title of the bill. agement of the approximately 200 acres of State trust lands generally depicted on the map. rolled. The text of the bill is as follows: My bill will allow the Tiguas the same oppor- H.R. 5110 SEC. 5. BOUNDARY STUDY. Be it enacted by the Senate and House of Rep- (a) IN GENERAL.—The Secretary shall conduct tunity as other recognized tribes to use these a study to identify any additional lands that methods, and specifically blood quantum lev- resentatives of the United States of America in Congress assembled, the Secretary considers appropriate to be a part els, to determine membership. With H.R. of any future adjustments to the boundary of SECTION 1. SHORT TITLE. 5811, individuals removed from the rolls in the Monument. This Act may be cited as the ‘‘Casa Grande (b) CRITERIA.—The study shall examine the previous years and others will be able to peti- Ruins National Monument Boundary Modifica- natural, cultural, recreational, and scenic val- tion for enrollment. Historically, many of these tion Act of 2010’’. ues and characteristics of the lands identified members would normally have been included SEC. 2. DEFINITIONS. as members of the tribe. under subsection (a). In this Act: (c) REPORT.—Not later than 3 years after the This bill is the life blood of the tribe. By (1) MAP.—The term ‘‘map’’ means the map en- date funds are made available for the study modifying the tribal enrollment requirements, titled ‘‘Proposed Casa Grande Ruins Boundary under this section, the Secretary shall submit to the Tiguas will be able to preserve the unique Modification’’, numbered 303/100,934, and dated the Committee on Natural Resources of the character and traditions of their tribe based on January 2010. House of Representatives and the Committee on shared history, customs, and language in ad- (2) MONUMENT.—The term ‘‘Monument’’ Energy and Natural Resources of the Senate a means the Casa Grande Ruins National Monu- dition to tribal blood. This bill will ensure their report on the findings, conclusions, and rec- ment in the State of Arizona. ommendations of the study. survival as the oldest community in Texas and (3) SECRETARY.—The term ‘‘Secretary’’ means the only Pueblo still in existence in the State. the Secretary of the Interior. The SPEAKER pro tempore. Pursu- This bill has passed twice before in the House (4) STATE.—The term ‘‘State’’ means the State ant to the rule, the gentlewoman from of Representatives, and I urge my colleagues of Arizona. the Virgin Islands (Mrs. CHRISTENSEN) to support passage of this bill. SEC. 3. ACQUISITION AND TRANSFER OF ADMIN- and the gentleman from Washington Ms. RICHARDSON. Mr. Speaker, I rise ISTRATIVE JURISDICTION OF LANDS. (Mr. HASTINGS) each will control 20 today in support of H.R. 5811, which allows (a) ACQUISITION OF LANDS.—The Secretary is minutes. authorized to acquire by donation, exchange, or the Ysleta del Sur Pueblo Tribe to determine The Chair recognizes the gentle- purchase with donated or appropriate funds woman from the Virgin Islands. the blood quantum requirement for member- from willing owners only, the private or State ship in their tribe. I thank my colleague, Con- lands or interests in lands generally depicted on GENERAL LEAVE gressman REYES for introducing this legisla- the map, to be administered as part of the Mrs. CHRISTENSEN. Mr. Speaker, I tion. Monument. ask unanimous consent that all Mem- This legislation will specifically allow the (b) TRANSFER OF ADMINISTRATIVE JURISDIC- bers may have 5 legislative days in Ysleta del Sur Pueblo Indian tribe to deter- TION TO NPS.—The following Federal lands as which to revise and extend their re- mine their membership. Native American generally depicted on the map are hereby with- marks and include extraneous material drawn from all forms of entry, appropriation, tribes should be afforded the opportunity to and disposal under the public land laws; loca- on the bill under consideration. determine the qualifications for membership in tion, entry, and patent under the mining laws; The SPEAKER pro tempore. Is there their tribes. and operation of the mineral leasing and geo- objection to the request of the gentle- Mr. Speaker, as a member of the Native thermal leasing laws and mineral materials woman from the Virgin Islands? American Caucus, I will continue to work with laws, and administrative jurisdiction of such There was no objection. my colleagues in Congress to address the Federal lands is hereby transferred to the Na- Mrs. CHRISTENSEN. Mr. Speaker, unique needs of Native Americans. tional Park Service to be administered as part of H.R. 5110 would add 415 acres to Casa California is home to over one hundred fed- the Monument: Grande Ruins National Monument lo- erally recognized tribes. Earlier this month, I (1) The approximately 3.8 acres of Federal cated south of Phoenix, Arizona. land administered by the Bureau of Land Man- was able to meet with the Pauma Band of agement. Currently, the 472-acre monument Mission Indians. The reservation is located in (2) The approximately 7.41 acres of Federal represents only part of the historic Na- Pauma Valley, California. The Pauma Band of land of administered by the Bureau of Indian tive American community that once Mission Indians and others across the nation Affairs. existed in that area. A 2003 National

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6823 Park Service report identified seven Mr. Speaker, and this is important, it and of the entire county. It is critical parcels for potential addition to this does nothing to restrain the eminent for the preservation of cultural and monument. domain authority already possessed by historical sites, which is unequaled H.R. 5110 authorizes the acquisition the Secretary of the Interior according anywhere else on the continent. It is of three properties ‘‘by donation, ex- to both Federal case law and the Con- the kind of low-cost, job-creating change, or purchase with donated or gressional Research Service. This bill project we need in Arizona. appropriated funds from willing owners expands an area previously designated Mr. Speaker, since I have been in only.’’ under the Antiquities Act. As the Com- Congress, I have been the voice of fiscal Mr. Speaker, H.R. 5110 is a good bill. mittee on Natural Resources learned discipline, and I have been looking for Representative ANN KIRKPATRICK has from recently leaked Department of low-cost, job-creating projects. This is worked hard to bring it to the floor, the Interior documents, this adminis- one of them. This project would create and I urge the House to approve it. tration is strongly interested in cre- hundreds of jobs in an area where it I reserve the balance of my time. ating new national monuments or ex- does have double-digit unemployment. Mr. HASTINGS of Washington. Mr. panding existing ones, and doing so Talk about double-digit unemploy- Speaker, I yield myself such time as I with or without Congress. ment—that’s in my district. That is may consume. The American people are way ahead what this is going to address. This is a Mr. Speaker, there are many things low-cost jobs project. in my view that are wrong with this of Washington on these issues, Mr. Let me tell you that this is exactly bill, but I just want to point out three Speaker. They know that what we why the American people right now are of them. First, this bill represents should be doing is controlling spending, so angry and frustrated. It is why I am wasteful and unnecessary spending at a protecting private property, taking angry and frustrated, and it is why you time of exploding Federal debt. Second, better care of the land we already own, are angry and frustrated. It is because it lacks needed protection for private and reducing the dead weight of tax- Washington is not listening to the property rights. Third, it expands the ation and Federal bureaucracy that is local people. The people of Coolidge already bloated Federal Government at stifling free enterprise, which is the en- and Florence have worked on this a time when our priority should be on gine of economic growth. project for years. It is not about par- jobs and economic growth, not the b 1440 tisanship. They have come together as growth of government. With that being said, there are parts It shouldn’t be necessary to point out local community leaders and as private of this bill that I could support, such as that at a time of near double-digit un- businesses to support this job-creation clearing up administrative jurisdiction employment and trillion-dollar debt, project. It makes common sense. Yet, issues and a boundary modification to we really ought to be working to un- once again, Washington is not going to remedy trespassing issues for an irriga- leash private-sector economic growth listen to the voices of the American tion project. However, I am sorry that so more Americans can find jobs, can people. Once again, Washington is these sections, which had broad sup- pay their mortgages, and provide for a going to impose its partisan bickering port, weren’t allowed to stand on their better life for their families. Instead, to stop jobs and to not listen to the own. as usual, with the current Democrat American people. That is what is So for those reasons I’ve cited, I urge leadership, we are talking about bor- wrong with Washington. a ‘‘no’’ vote on H.R. 5110. rowing more money from foreign coun- I urge my colleagues to vote ‘‘yes’’ I reserve the balance of my time. tries to pass a bill to further aggran- on this critical legislation. Mrs. CHRISTENSEN. Mr. Speaker, I dize the Federal estate. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE The National Park Service estimates yield such time as she may consume to The SPEAKER pro tempore. The that it would cost $10 million to buy the sponsor of this important piece of Chair reminds Members that it is not the land targeted in this bill. Now this legislation, the gentlewoman from Ari- in order to address occupants of the isn’t beachfront property in the Virgin zona, Representative ANN KIRKPATRICK. gallery. Islands like we saw targeted earlier in Mrs. KIRKPATRICK of Arizona. Mr. Mr. HASTINGS of Washington. I this Congress. Instead, it is in the Ari- Speaker, I rise in support of my legisla- yield myself such time as I may con- zona desert. But we are hearing the tion, H.R. 5110, the Casa Grande Ruins sume. same argument why we should go along National Monument Boundary Modi- Mr. Speaker, I am sorry the gentle- with this. fication Act. woman from Arizona did not yield to Are these private lands in danger of In Coolidge, Arizona, we have the me so I could ask her a question as we being injured by development? Hardly. largest prehistoric structure in the Na- have heard a great deal of talk here on It seems some of the land may be tion—the Casa Grande Ruins National the floor about jobs creation. I am cer- owned by the State or a wealthy non- Monument. Throughout Coolidge and tainly one who believes that we need to profit presumably created to protect the nearby city of Florence, there is create jobs, particularly in the private the land from development. There is no evidence of prehistoric structures— sector, because the private sector is urgent need to borrow money to buy homes, irrigation canals and potential the engine of growth in our country. this land right now. No one can claim recreational facilities. I was simply going to ask the gentle- that these lands are in imminent dan- Each year, thousands of visitors woman if she could document officially ger. come to Pinal County to visit the how many jobs have been created. The Further, this legislation does not ruins, to learn about the ancient reason, Mr. Speaker, is that this exist- protect the rights of private property Hohokam culture that lived there, and ing area is already some 1,600 acres. To owners. Instead it continues the dis- to see the amazing prehistoric archi- suggest that an area which is 1,600 turbing practice of Congress drawing tecture they left behind. Protecting acres is not creating jobs but that add- boundaries of Federal land manage- more of these sensitive areas will allow ing some 400-plus acres would create ment areas around private property, further development of tourism to the jobs flies in the face of common sense. even in cases where the landowners area, and it will help fulfill the mission What this bill is all about, once have not given their written approval. of the monument. again, is the Federal Government’s When Congress expands Federal The legislation under consideration buying more land when we have a boundaries to encircle private prop- today does two things. First, it allows backlog of some $9 billion of mainte- erty, we sometimes shower ourselves in an expansion of the boundary of the nance in this country. Yet here we are, praise for protecting private property monument to include land nearby, trying to add more land, which presum- from the dreaded private property which will greatly enhance the existing ably adds more to the backlog. The owner. But Congress should only draw site. Second, it provides for a study to American people get it. They under- boundaries around lands the Federal determine what additional sites in Coo- stand it. While this is small, I under- Government already owns, not around lidge and Florence could be incor- stand, Mr. Speaker, it is the reason I what it wants to own. porated in the future. think this bill is ill-advised today. I I know the bill purports to protect This bill is critical to the economic urge my colleagues to vote ‘‘no.’’ private property, but it does nothing, development of Coolidge and Florence I yield back the balance of my time.

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6824 CONGRESSIONAL RECORD — HOUSE September 22, 2010 Mrs. CHRISTENSEN. Mr. Speaker, I Forest, as generally depicted on the map enti- and the gentleman from Washington also want to commend Congresswoman tled ‘‘Sedona-Red Rocks National Scenic Area’’ (Mr. HASTINGS) each will control 20 KIRKPATRICK for her leadership in pre- and dated June 7, 2010. The Scenic Area shall minutes. serving the culture, history and arti- not include any land located outside the bound- The Chair recognizes the gentle- aries of the Coconino National Forest. facts of this important area. (c) MAP AND BOUNDARY DESCRIPTION.—As woman from the Virgin Islands. Just like Castle Nugent, enacting soon as practicable after the date of the enact- GENERAL LEAVE this bill spends no money and acquires ment of this Act, the Secretary of Agriculture Mrs. CHRISTENSEN. Mr. Speaker, I no land—none. What it does is puts in shall file a map and boundary description of the ask unanimous consent that all Mem- place the authority necessary to ac- Scenic Area with the Committee on Natural Re- bers may have 5 legislative days in quire these invaluable pieces of our an- sources of the House of Representatives and the which to revise and extend their re- Committee on Energy and Natural Resources of cient past if and when the time is right marks and to include extraneous mate- and the money is available. Given the the Senate. The map and boundary description shall have the same force and effect as if in- rial on the bill under consideration. value of the resources involved, this cluded in this Act, except that the Secretary The SPEAKER pro tempore. Is there should be an easy decision. It would be may correct clerical and typographical errors in objection to the request of the gentle- a shame if political gamesmanship and the map and description. The map and bound- woman from the Virgin Islands? partisan bickering allowed these pieces ary description shall be on file and available for There was no objection. of our past, the jobs that would be cre- public inspection in the Office of the Chief of Mrs. CHRISTENSEN. I yield myself ated, and the hard work of the people the Forest Service. such time as I may consume. of this part of Arizona to be lost for- (d) ADMINISTRATION.—The Secretary of Agri- Mr. Speaker, H.R. 4823, introduced by ever. culture shall administer the Scenic Area in ac- cordance with this Act, the land and resource Congresswoman ANN KIRKPATRICK, I ask my colleagues to vote ‘‘yes’’ on management plan for the Coconino National would authorize the establishment of this legislation. Forest (including any subsequent amendment or the Sedona-Red Rock National Scenic Mr. Speaker, I yield back the balance revision of the plan), and the laws and regula- Area in the Coconino National Forest of my time. tions generally applicable to the National Forest in northern Arizona. The SPEAKER pro tempore. The System. In the event of conflict between this Act This legislation would protect ap- question is on the motion offered by and such other laws and regulations, this Act proximately 160,000 acres by restricting the gentlewoman from the Virgin Is- shall take precedence. land exchanges within the scenic area (e) RESTRICTION ON SCENIC AREA LAND EX- lands (Mrs. CHRISTENSEN) that the CHANGES.—With regard to acquisitions of land and by managing the land within the House suspend the rules and pass the for public purposes, land exchanges that dispose scenic area for conservation purposes. bill, H.R. 5110, as amended. of National Forest System land included in the The bill specifically provides that the The question was taken. Scenic Area may occur only if— establishment of the national scenic The SPEAKER pro tempore. In the (1) the exchange results in the acquisition of area shall not impact surrounding opinion of the Chair, two-thirds being land within the boundaries of the Scenic Area land, roads or easements nor will it im- in the affirmative, the ayes have it. from a willing seller for inclusion in the Scenic pact utility easements, the manage- Mr. HASTINGS of Washington. Mr. Area; ment of State, municipal or private Speaker, on that I demand the yeas (2) there is no net loss of National Forest Sys- tem land within the boundaries of the Scenic land or the management of sur- and nays. Area; and rounding national forest land. The yeas and nays were ordered. (3) an environmental analysis in accordance Mr. Speaker, 4823 is a good bill. Rep- The SPEAKER pro tempore. Pursu- with the National Environmental Policy Act of resentative KIRKPATRICK has worked ant to clause 8 of rule XX and the 1969 (42 U.S.C. 4321 et seq.) and consistent with diligently with residents, officials, and Chair’s prior announcement, further the applicable forest plan amendment is com- business owners to craft this legisla- proceedings on this motion will be pleted before any land exchange within the tion, making it widely popular in the boundaries of the Scenic Area. postponed. community of Sedona. (f) DEPOSIT OF CONSIDERATION FROM CERTAIN f LAND SALES; USE.— I urge Members to support H.R. 4823. I reserve the balance of my time. SEDONA-RED ROCK NATIONAL (1) DEPOSIT OF PROCEEDS.—Moneys received SCENIC AREA ACT OF 2010 by the Secretary of Agriculture from the sale or b 1450 exchange of land located in the Coconino Na- Mrs. CHRISTENSEN. Mr. Speaker, I tional Forest shall be deposited in the fund es- Mr. HASTINGS of Washington. Mr. move to suspend the rules and pass the tablished by Public Law 90–171 (commonly Speaker, I yield myself such time as I bill (H.R. 4823) to establish the Sedona- known as the Sisk Act; 16 U.S.C. 484a). may consume. Red Rock National Scenic Area in the (2) USE OF FUNDS.—Notwithstanding the limi- Mr. Speaker, I have concerns about Coconino National Forest, Arizona, and tations on the use of moneys deposited in the how this ‘‘National Scenic Area’’ des- fund established by Public Law 90–171, moneys ignation will affect the safety, welfare, for other purposes, as amended. deposited under paragraph (1) shall be available The Clerk read the title of the bill. for use by the Secretary of Agriculture, without and economic livelihoods of those who The text of the bill is as follows: further appropriation and until expended, for live and work within this 160,000-acre H.R. 4823 the acquisition of land or interests in land with- proposal. Be it enacted by the Senate and House of Rep- in the National Forest System in Arizona. Mr. Speaker, there is no underlying resentatives of the United States of America in (g) NO EFFECT ON SURROUNDING LAND, act for national scenic areas, as is the Congress assembled, ROADS, OR EASEMENTS.—The establishment of case for wilderness proposals and wild the Scenic Area does not affect— SECTION 1. SHORT TITLE. and scenic river designations. Instead, (1) the maintenance or use of public, private, This Act may be cited as the ‘‘Sedona-Red unless guidelines are set limiting how or Forest Service roads within the Scenic Area; Rock National Scenic Area Act of 2010’’. (2) the legal status, maintenance, or use of restrictive the designation will be, a SEC. 2. SEDONA-RED ROCK NATIONAL SCENIC rights-of-way and utility easements within the National Scenic Area designation is ac- AREA, COCONINO NATIONAL FOR- Scenic Area; companied by only hope and uncer- EST, ARIZONA. (3) the management of State, municipal, or tainty. (a) ESTABLISHMENT.—There is established in private land located in the vicinity of or within the Coconino National Forest, Arizona, the H.R. 4823 is silent on everything but the boundaries of the Scenic Area; the fact that land exchanges are pro- Sedona-Red Rock National Scenic Area (in this (4) the management of National Forest System section referred to as the ‘‘Scenic Area’’) for the hibited. This sort of vague and open- land that is not included in the Scenic Area; or ended delegation of authority is an in- purposes of— (5) the construction or siting of transportation (1) limiting exchanges of land involving Na- projects or water projects (and associated facili- vitation to litigation and bureaucratic tional Forest System land included in the Scenic ties) within the Scenic Area or in areas outside overreach. So for that reason, Mr. Area; and the Scenic Area. Speaker, I cannot support this legisla- (2) managing the National Forest System land (h) NO CAUSE OF ACTION.—Nothing in this Act tion in its current form. included in the Scenic Area as provided in the creates a private cause of action in any Federal, I reserve the balance of my time. land and resource management plan for the state or tribal court. Coconino National Forest. Mrs. CHRISTENSEN. Mr. Speaker, I (b) BOUNDARIES.—The Scenic Area shall con- The SPEAKER pro tempore. Pursu- yield such time as she may consume to sist of approximately 160,000 acres of National ant to the rule, the gentlewoman from the gentlewoman from Arizona, Rep- Forest System land in the Coconino National the Virgin Islands (Mrs. CHRISTENSEN) resentative KIRKPATRICK.

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6825 Mrs. KIRKPATRICK of Arizona. Mr. It’s time that Washington started lis- reational opportunities this place of- Speaker, I rise in support of my legisla- tening to the American people. The fers. tion, H.R. 4823, the Sedona Red Rocks people in Sedona are able to put aside This bill helps conserve that land- National Scenic Area Act. partisan bickering and come together scape that the community relies on for I have often said that the congres- for the good of the community and to tourism. In fact, there were several sional district I am fortunate to rep- create jobs, and Washington cannot do amendments offered by the other side resent is the most beautiful in the the same? Believe me, I will let the of the aisle at markup, and all of the country. The iconic red rocks that sur- folks back home know who rose in op- amendments offered by the minority round the Sedona community and ex- position, who let partisan bickering were accepted and they addressed their tend into the Verde Valley are indeed a drown out their voices and drown out concerns then. In markup, Mr. FLAKE national treasure that is unparalleled. their common sense. also added to this clause a section that Millions of visitors come from across I have always said it is the American provided that the construction or the Nation and around the globe each people that are going to turn this coun- siting of transportation projects or year to see the red rocks. try around, not Washington, and this is water projects within the scenic area The communities throughout Red exactly why. This is exactly why: Par- or outside the scenic area would not be Rock Country in Arizona have, for tisan bickering that gridlocks Wash- impacted. years, discussed the long-term protec- ington. This is a good bill which the people of tion of the amazing national resource Shame on you. Mrs. KIRKPATRICK’s district strongly that surrounds the area. A nonpartisan Mr. HASTINGS of Washington. Mr. support. The community has diligently community coalition came together to Speaker, I yield myself such time as I worked together to help get this bill advocate for protection of the red may consume. here today, and I urge my colleagues to rocks through a National Scenic Area, Apparently the gentlelady from Ari- support it. as designated by Congress. zona wasn’t listening to what I said in Mr. Speaker, I yield back the balance Preserving the natural beauty of the my opening remarks as to what con- of my time. red rocks will ensure that our great- cerns I had with this bill. I wish that The SPEAKER pro tempore. The grandchildren will be able to enjoy this she had yielded to me because I could question is on the motion offered by unique site just as we do. Just as im- have asked a question and maybe she the gentlewoman from the Virgin Is- portant, it will attract new visitors could have enlightened me. But my un- lands (Mrs. CHRISTENSEN) that the and more business to the surrounding derstanding is there is absolutely noth- House suspend the rules and pass the communities, getting folks to work ing in Federal law that designates or bill, H.R. 4823, as amended. during this economic downturn. This describes what a scenic area is. Unlike The question was taken. bill is necessary to secure these tre- a wilderness area, unlike a wild and The SPEAKER pro tempore. In the mendous benefits. scenic river, nothing describes what a opinion of the Chair, two-thirds being Last year, I circulated draft legisla- scenic area is. I said in my opening re- in the affirmative, the ayes have it. tion to local stakeholders, to sup- marks that the reason I oppose this is Mr. BROUN of Georgia. Mr. Speaker, porters, and to those with concerns. simply because the vagueness of this on that I demand the yeas and nays. The Forest Service, the city govern- opens up potential litigation that will The yeas and nays were ordered. ment, the local Chamber of Commerce, likely affect those surrounding this The SPEAKER pro tempore. Pursu- the coalition, Realtors, small business area. That’s what my concern is. I ant to clause 8 of rule XX and the owners, and concerned citizens pro- would be willing to work with anybody Chair’s prior announcement, further vided valuable comments and edits to to try to resolve these issues, but to proceedings on this motion will be the text of this proposed bill. Through suggest that my opposition to this is postponed. the House Natural Resources Com- because I am opposed to jobs, it simply f mittee, the bill has been further misses the point. The gentlelady was amended by both Republicans and simply not listening to what I was say- b 1500 Democrats and was reported from com- ing. DISTRICT OF COLUMBIA LAND mittee without objection. Now, I do have a concern when there CONVEYANCE Good ideas and good policy come are Federal dollars that are spent, but from the people, and this bill is the cul- there are no Federal dollars on this; Mrs. CHRISTENSEN. Mr. Speaker, I mination of much debate and feedback it’s simply that we don’t have what a move to suspend the rules and pass the in the communities it will affect. designation is. In fact, one could say, bill (H.R. 5494) to direct the Director of Thanks to the involvement of so many Mr. Speaker, if one were thinking in a the National Park Service and the Sec- people with so many different perspec- mischievous way, that the only job cre- retary of the Interior to transfer cer- tives, we have put together legislation ation that legislation like this would tain properties to the District of Co- that will work better for the Sedona create, if it were passed, would be for lumbia, as amended. area now and in the future. It is the the trial bar because they could sue The Clerk read the title of the bill. first step forward in moving towards over something that is not described in The text of the bill is as follows: meaningful, long-term protection of statute. Who wins by that? I don’t H.R. 5494 the area and towards economic devel- think the private property owners Be it enacted by the Senate and House of Rep- opment for the region. around this area would win by that. resentatives of the United States of America in Once again, Mr. Speaker, this is a So I’m disappointed that she would Congress assembled, low-cost jobs project. There is no cost use the tone of argument against our SECTION 1. TRANSFER OF CERTAIN PROPERTIES. to this. It is a project that I have been opposition as not trying to work to- Not later than 90 days after the date of the looking for that creates jobs that re- gether. There is just simply no designa- enactment of this Act, the Secretary of the Inte- quires Federal action, not Federal tion for ‘‘scenic’’ in Federal statute. rior shall transfer to the District of Columbia by quitclaim deed all right, title, and interest of the spending. Don’t you think we ought to have some United States to the following properties in the It’s appalling, but not surprising, designation before we designate some- District of Columbia: that my esteemed colleagues on the thing ‘‘scenic’’? (1) Square 336, Lot 828, as shown on Assess- other side of the aisle oppose a low-cost Mr. Speaker, I yield back the balance ment and Taxation Plat 3761–Y among the jobs project. They clearly do not under- of my time. records of the Surveyor of the District of Colum- stand what’s happening to the Amer- Mrs. CHRISTENSEN. Mr. Speaker, bia (Shaw Junior High School recreation fields). ican people who do not have a job. And it’s been clear from listening to my (2) Square 542, Lot 85, as referenced on page when you do not have a job right now, colleague Mrs. KIRKPATRICK that not 104 of Subdivision Book 141 and shown on Map nothing else matters. And it is unbe- only she, but the community, recog- 8634 among the records of the Surveyor of the District of Columbia (Southwest Library). lievable to me that, again, partisan nizes that this bill is good for business (3) Square 2864, Lot 830, as shown on Assess- bickering in Washington—not in and good for jobs. People come from all ment and Taxation Plat 3495–G among the Sedona—is going to stop a job creation over the world to enjoy the unique red records of the Surveyor of the District of Colum- bill. rock landscape and the world-class rec- bia (Meyer Elementary School).

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4634 Sfmt 6333 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6826 CONGRESSIONAL RECORD — HOUSE September 22, 2010 (4) Reservation 277–A, as shown on page 4 of land. In fact, these transfers achieve a bal- States Code (commonly known as the ‘‘Com- Subdivision Book 134 among the records of the ance between the city and NPS, by address- memorative Works Act’’). Surveyor of the District of Columbia. ing the city’s growing need for land in a man- (c) USE OF FEDERAL FUNDS PROHIBITED.— (5) Square 2558, Lot 803, as shown on Assess- Federal funds may not be used to pay any ex- ment and Taxation Plat 65 among the records of ner consistent with NPS’s mission to protect pense of the establishment of the commemo- the Surveyor of the District of Columbia (a por- parkland. These small parcels are scattered rative work. The Peace Corps Commemora- tion of the Marie H. Reed Community Learning throughout the city and include a portion of the tive Foundation shall be solely responsible Center). Marie H. Reed Community Learning Center, for acceptance of contributions for, and pay- (6) Square 2558, Lot 810, as shown on Assess- the old Meyer Elementary School site, the ment of the expenses of, the establishment of ment and Taxation Plat 65 among the records of Shaw Junior High School recreational fields, the commemorative work. the Surveyor of the District of Columbia (a por- (d) DEPOSIT OF EXCESS FUNDS.—If, upon the Southwest Library site, and a small traffic payment of all expenses for the establish- tion of the Marie H. Reed Community Learning island at the intersection of North Capitol Center). ment of the commemorative work (including Street and Florida Avenue. The transfer of the maintenance and preservation amount The SPEAKER pro tempore. Pursu- these small parcels will allow the District to required by section 8906(b)(1) of title 40, ant to the rule, the gentlewoman from develop recreational fields, encourage eco- United States Code), or upon expiration of the Virgin Islands (Mrs. CHRISTENSEN) nomic development and improve livability in the authority for the commemorative work and the gentleman from Washington the District of Columbia. under section 8903(e) of title 40, United (Mr. HASTINGS) each will control 20 States Code, there remains a balance of As we begin to emerge from the Great Re- funds received for the establishment of the minutes. cession, the District needs all available tools The Chair recognizes the gentle- commemorative work, the Peace Corps Com- and resources to help promote economic re- memorative Foundation shall transmit the woman from the Virgin Islands. covery. For years, the District has managed amount of the balance to the Secretary of GENERAL LEAVE and maintained these properties, which have the Interior for deposit in the account pro- Mrs. CHRISTENSEN. I ask unani- no national, regional or historical significance, vided for in section 8906(b)(3) of title 40, mous consent that all Members may and are of no interest to the federal govern- United States Code. have 5 legislative days in which to re- ment. My bill simply allows the District to bet- SEC. 2. BUDGETARY EFFECTS. The budgetary effects of this Act, for the vise and extend their remarks and in- ter utilize the limited land here for the benefit clude extraneous material on the bill purpose of complying with the Statutory of the city and its residents. Pay-As-You-Go Act of 2010, shall be deter- under consideration. I ask my colleagues to pass this non-par- mined by reference to the latest statement The SPEAKER pro tempore. Is there tisan, non-controversial land transfer bill. titled ‘‘Budgetary Effects of PAYGO Legisla- objection to the request of the gentle- Mrs. CHRISTENSEN. I yield back the tion’’ for this Act, submitted for printing in woman from the Virgin Islands? balance of my time. the Congressional Record by the Chairman of There was no objection. The SPEAKER pro tempore. The the House Budget Committee, provided that Mrs. CHRISTENSEN. Mr. Speaker, question is on the motion offered by such statement has been submitted prior to H.R. 5494 was introduced by Congress- the gentlewoman from the Virgin Is- the vote on passage. woman ELEANOR HOLMES NORTON of the lands (Mrs. CHRISTENSEN) that the The SPEAKER pro tempore. Pursu- District of Columbia in June 2010. The House suspend the rules and pass the ant to the rule, the gentlewoman from bill would direct the Secretary of the bill, H.R. 5494, as amended. the Virgin Islands (Mrs. CHRISTENSEN) Interior to transfer title to six small The question was taken; and (two- and the gentleman from Washington Federal properties to the District of thirds being in the affirmative) the (Mr. HASTINGS) each will control 20 Columbia. rules were suspended and the bill, as minutes. The Chair recognizes the gentle- This land transfer will allow the city amended, was passed. government to better maintain these The title was amended so as to read: woman from the Virgin Islands. properties as well as plan for their fu- ‘‘A bill to direct the Secretary of the GENERAL LEAVE ture development. Interior to transfer certain properties Mrs. CHRISTENSEN. I ask unani- Mr. Speaker, Congresswoman NORTON to the District of Columbia.’’ mous consent that all Members may is a tireless advocate for the people of A motion to reconsider was laid on have 5 legislative days in which to re- the District and should be commended the table. vise and extend their remarks and in- clude extraneous material on the bill for her work on this bill. I congratulate f her on her efforts and urge the House under consideration. to support this bill. AUTHORIZING PEACE CORPS The SPEAKER pro tempore. Is there I reserve the balance of my time. COMMEMORATIVE WORK objection to the request of the gentle- Mr. HASTINGS of Washington. Mr. Mrs. CHRISTENSEN. Mr. Speaker, I woman from the Virgin Islands? move to suspend the rules and pass the There was no objection. Speaker, the gentlelady from the Vir- Mrs. CHRISTENSEN. Mr. Speaker, bill (H.R. 4195) to authorize the Peace gin Islands has adequately explained H.R. 4195 would authorize the Peace Corps Commemorative Foundation to this bill. Corps Commemorative Foundation to I yield back the balance of my time. establish a commemorative work in establish a commemorative work on Mrs. CHRISTENSEN. Mr. Speaker, the District of Columbia and its envi- Federal land in the District of Colum- the sponsor of H.R. 5494, Congress- rons, and for other purposes, as amend- bia. The Foundation was created to woman ELEANOR HOLMES NORTON, is ed. promote a memorial to ‘‘honor the pre- chairing a committee meeting at this The Clerk read the title of the bill. eminent historical and lasting signifi- time, so she is unable to be on the The text of the bill is as follows: cance of the establishment of the floor. Therefore under general leave, I H.R. 4195 Peace Corps . . . and the American am submitting the statement of Con- Be it enacted by the Senate and House of Rep- ideals and values upon which it was gresswoman NORTON for the RECORD. resentatives of the United States of America in founded.’’ Ms. NORTON. Mr. Speaker, I want to thank Congress assembled, H.R. 4195 was introduced by Congress- the chairman of the Committee on Natural Re- SECTION 1. MEMORIAL TO COMMEMORATE THE man FARR, one of six Members of Con- sources, NICK RAHALL, and sucommittee chair ESTABLISHMENT OF THE PEACE CORPS AND TO HONOR THE IDEALS gress who have served in the Peace RAU´ L GRIJALVA for their delightful work in mov- UPON WHICH IT WAS FOUNDED. Corps. I commend Representative FARR ing this important bill to the House floor. H.R. (a) AUTHORIZATION TO ESTABLISH COM- for his persistence in championing the 5494 will transfer ownership of certain prop- MEMORATIVE WORK.—The Peace Corps Com- Peace Corps and this legislation, and I erties in the District from the National Park memorative Foundation may establish a urge Members to support H.R. 4195. Service (NPS) to the District of Columbia. commemorative work on Federal land in the I reserve the balance of my time. NPS supports the transfer of these small, District of Columbia and its environs to Mr. HASTINGS of Washington. I scattered properties. These isolated parcels commemorate the formation of the Peace yield myself such time as I may con- Corps and to honor the ideals upon which the are of no use to NPS, but can be useful for Peace Corps was founded. sume. overall livability in the city. (b) COMPLIANCE WITH STANDARDS FOR COM- Mr. Speaker, H.R. 4195 has once again The District of Columbia is land-poor be- MEMORATIVE WORKS ACT.—The establishment been adequately explained by the gen- cause the federal government owns much of of the commemorative work shall be in ac- tlelady from the Virgin Islands. How- the land here, and certainly the best located cordance with chapter 89 of title 40, United ever, I would like to emphasize—and I

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6827 think this is important in the discus- hundreds of miles in the middle of the subcommittee marked it at that, which sion we’re having today—that this night to try to save her. It was not my can renew the promise of the Peace project would be planned, constructed, community in Colombia. When the Corps in anticipation of its 50th anni- and maintained using non-Federal landing strip was too dark for a plane versary. funds. We ought to look at that prob- to land, members of the community President Obama has directed the ably more often in programs we ad- put out burning lanterns to guide the Peace Corps to aggressively reform dress here. plane in. They consoled me. They took programming and training and open up I reserve the balance of my time. care of our family. and expand missions around the world, Mrs. CHRISTENSEN. Mr. Speaker, I It was poverty, the grinding poverty specifically in North Africa, Central yield such time as he may consume to that still exists today, that exposes Asia, and the Middle East. Just as the sponsor of this legislation, the gen- women and men, young and old, to President Kennedy did 50 years ago, tleman from California, Congressman enormous vulnerabilities. President Obama inspired a Nation FARR. I might add that those vulnerabili- with his call to service. He has rede- Mr. FARR. Mr. Speaker, I rise on be- ties aren’t protected by an American fined the way the United States en- half of my colleagues in Congress who passport or an American ability to find gages with the world, emphasizing di- are return Peace Corps volunteers— monetary solutions. If you’re stuck in rect communication and people-to-peo- Congressman PETRI, Congressman an underserved, poverty part of the ple diplomacy. Peace Corps represents HONDA, Congressman DRIEHAUS, and world with a crisis in front of you, you those ideals at a time when diplomacy Congressman GARAMENDI. have to deal with the tools at hand. is a global imperative. Fifty years ago this October in a pre- I committed then at that moment, Please join me in voting for H.R. 4195 dawn address, then-Presidential can- and throughout my life, to work to end to commemorate the 50th anniversary didate, John F. Kennedy, challenged the culture of poverty. My life was of the Peace Corps and allow a com- students at the University of Michigan changed. It was the Peace Corps that memorative mark to be done at no cost to give 2 years of their lives to improve changed me. to the taxpayers. America’s image by serving abroad. My story is one of a quarter of a mil- Mr. PETRI. Mr. Speaker, I support passage This impromptu exhortation ulti- lion volunteer stories and millions of of H.R. 4195, a bill that would authorize the mately set the stage for the Peace more Peace Corps stories if you talk to Peace Corps Commemorative Foundation to Corps, redefined U.S. global engage- the communities that receive the vol- establish a commemorative work to honor the ment, and elevated American moral unteers. formation of the Peace Corps and the ideals standing at the height of the Cold War. Peace Corps was then, and continues upon which it was founded. I served in the Peace Corps in Somalia in The idea ignited the public imagina- to be today, a story of the goodness of 1966–67, just 5 years after the program’s tion and the executive branch initiated the United States of America. Next founding, and saw first hand the contribution the program rapidly. Losing no time, year, Peace Corps will celebrate its that Peace Corps volunteers make to the com- President Kennedy ordered Sargent 50th anniversary. Shriver to do a feasibility study. Sar- munities they serve. Fifty years later, the con- b 1510 gent Shriver said at the time, ‘‘We re- tinued selfless and noble service outside our ceived more letters from people offer- In anticipation of this momentous borders remains a testament to the timeless ing to work in or to volunteer for the occasion, the 111th Congress is poised American ideals embodied by the Peace Peace Corps, which did not then exist, to take action on two very important Corps volunteers I served with and those that are serving today. Indeed, the creation of the than for all other existing Federal measures to honor the Peace Corps. Peace Corps by Congress and President John agencies.’’ First, the House will vote today to cel- I was one of those early recruits who ebrate a half century of the Peace F. Kennedy in 1961 marked a fundamental turning point in American foreign policy. The found in the Peace Corps an avenue for Corps with a commemorative work in values and ideals of America were put into ac- national service. And just as 8,000 cur- the District of Columbia. The com- tion to help meet the needs of people in devel- rent volunteers are doing today around memorative work authorized by this oping countries through volunteer service the world, I did many years ago in bill is compliant with both the letter and the intent of the Commemorative abroad. Medellin, Colombia, South America. The memorials and commemoratives of Works Act. It costs zero taxpayer dol- As a member of the Peace Corps, you Washington, DC, tell the story of the people lars, not a penny. wake up in a distant country, without and events that have shaped our nation’s his- This bill provides a space where the any modern amenities, and start work- tory and our fundamental ideals. The founding creation of the Peace Corps will find its ing with your neighbors to prioritize of the Peace Corps was an expression of place in American history. It will be a community projects. You labor shoul- those ideals and will continue to inspire new modest commemorative work, a place der-to-shoulder to make those projects generations of Americans to embrace the be- to contemplate the spirit of hope that a reality. And in the process, you build lief that we can and should reach out to uplift gave rise to the idea of sending a cadre hope and understanding and dem- those around us. As such, I believe the Peace of Americans into the world to serve onstrate American generosity. Corps’s founding, and the American ideals it their country by serving the poorest The understanding is a two-way represents, deserve an essential and mean- street. When I was in Colombia, I and most vulnerable in the world. It ingful part of the national capital landscape to learned as much as I taught. I took commemorates the creation of a commemorate the preeminent, lasting signifi- away as much as I gave. unique form of public service that cance of a watershed moment in the nation’s When I was in Colombia, my mother seeks peace through international serv- history, the founding of the Peace Corps 50 passed away from cancer. My father ice, people-to-people diplomacy, and years ago. I ask my colleagues to join me in brought my two sisters to visit me to cross-cultural understanding. supporting H.R. 4195. have a family reunion. My youngest I appreciate the work of Chairman Mr. HASTINGS of Washington. Mr. sister, Nancy, 17-years-old, a junior in RAHALL and Chairman GRIJALVA and Speaker, I have no requests for time, high school, was killed in an accident. their staffs; the minority staff and Mr. and I yield back the balance of my She was thrown from a horse. Her DOC HASTINGS, and I particularly would time. death was avoidable. Better health like to recognize the staffs of both of Mrs. CHRISTENSEN. Mr. Speaker, I care, a better hospital could have saved the majority and minority committee have no further requests for time, and her. members who helped bring this bill to I yield back the balance of my time. I was angry at Colombia, at sort of the floor. The SPEAKER pro tempore. The Third World poverty, at my commu- Later this year we’ll have another question is on the motion offered by nity, and at myself for having brought opportunity to show our appreciation the gentlewoman from the Virgin Is- my family to visit me. for the Peace Corps when we vote for lands (Mrs. CHRISTENSEN) that the I stuck with it, though, and over the House funding for Peace Corps in House suspend the rules and pass the time with reflection, I came to terms the FY11 State, Foreign Operations Ap- bill, H.R. 4195, as amended. with my anger. It was not Colombia. It propriations Act. The House has met The question was taken; and (two- was not Colombian doctors who flew the President’s ask of $446 million, the thirds being in the affirmative) the

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6828 CONGRESSIONAL RECORD — HOUSE September 22, 2010 rules were suspended and the bill, as bers may have 5 legislative days within the Battle of Kennesaw Mountain, and Gen- amended, was passed. which to revise and extend their re- eral Sherman was stationed at the Wallis A motion to reconsider was laid on marks and add any extraneous mate- House during the preceding Battle of Kolb’s the table. rial on the bill under consideration. Farm. Additionally, Harriston Hill—which is ad- f The SPEAKER pro tempore. Is there jacent to the Wallis House—was used as sig- objection to the request of the gentle- KENNESAW MOUNTAIN NATIONAL naling position by General Howard and offers woman from the Virgin Islands? a picturesque view of the valley leading to the BATTLEFIELD PARK BOUNDARY There was no objection. ADJUSTMENT ACT OF 2010 top of Kennesaw Mountain where Confederate Mrs. CHRISTENSEN. Mr. Speaker, I troops were positioned. Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may con- Mr. Speaker, adding these 8 acres to the move to suspend the rules and pass the sume. Kennesaw Mountain National Battlefield Park H.R. 5152 was introduced by Rep- bill (H.R. 5152) to adjust the boundary would only enhance a visitor’s experience at resentative GINGREY of Georgia. The of the Kennesaw Mountain National the park by providing critical information about Battlefield Park to include the Wallis bill would adjust the boundaries of the the positions of both Union and Confederate House and Harriston Hill, and for other Kennesaw Mountain National Battle- troops during the battle. Most importantly, add- purposes. field Park to include two additional ing the 8 acres to the park will have no cost The Clerk read the title of the bill. historic sites associated with that bat- to the American taxpayers. The text of the bill is as follows: tle. H.R. 5152 only authorizes the National Park H.R. 5152 Pursuant to the legislation, Cobb Service to acquire the land in question from Be it enacted by the Senate and House of Rep- County would donate the properties to resentatives of the United States of America in the National Park Service. This bill willing landowners by donation or exchange Congress assembled, has the full support of the National only. The 8 acres that will be added to the SECTION 1. SHORT TITLE. Park Service and current property park has already been purchased by Cobb This Act may be cited as the ‘‘Kennesaw owners. County and the Cobb Land Trust for the pur- Mountain National Battlefield Park Bound- Mr. Speaker, we do not oppose H.R. poses of donating it to the National Park Serv- ary Adjustment Act of 2010’’. ice. SEC. 2. FINDINGS. 5152. I reserve the balance of my time. This legislation is the culmination of years of The Congress finds the following: hard work and commitment by the National (1) Kennesaw Mountain National Battle- Mr. HASTINGS of Washington. Mr. field Park was authorized as a unit of the Speaker, I yield myself such time as I Park Service, the Cobb Land Trust, the Geor- National Park System on June 26, 1935. Prior may consume. gia Civil War Commission, and the Cobb to 1935, parts of the park had been acquired Mr. Speaker, Kennesaw Mountain County Government. and protected by Civil War veterans and the National Battlefield Park was author- Specifically, I want to commend the Super- War Department. ized as a unit of the National Park Sys- intendent of the Kennesaw Mountain National (2) Kennesaw Mountain National Battle- tem in 1935 as one of the first battle- Battlefield Park—Stanley Bond—and the field Park protects Kennesaw Mountain and field parks. Most of the park consists park’s Chief Ranger—Lloyd Morris—for their Kolb’s Farm, which are battle sites along the service to the park and this expansion. I also route of General Sherman’s 1864 campaign to of Confederate positions. This bill will take Atlanta. allow the Wallis House, one of the few want to thank Cobb County Commissioner (3) Most of the park protects Confederate remaining structures associated with Helen Goreham—who represents the Park, positions and strategy. The Wallis House is Union forces, to be added to the park. the Wallis House, and Harriston Hill—for com- one of the few original structures remaining This bill authorizes the Secretary of ing to Washington to testify on behalf of this from the Battle of Kennesaw Mountain asso- the Interior to acquire approximately 8 legislation before the Natural Resources Com- ciated with Union positions and strategy. acres that are owned by Cobb County mittee. (4) The Wallis House is strategically lo- and will be donated to the National Mr. Speaker, as a long time resident of cated next to a Union signal station at Park Service. Congressman GINGREY Cobb County, I can personally attest to the Harriston Hill. should be commended for his work on historical significance and beauty of the Ken- SEC. 3. BOUNDARY ADJUSTMENT; LAND ACQUISI- TION; ADMINISTRATION. this bipartisan bill. nesaw Mountain National Battlefield Park. This (a) BOUNDARY ADJUSTMENT.—The boundary Mr. GINGREY of Georgia. Mr. Speaker, I park—which is second only to Gettysburg Na- of the Kennesaw Mountain National Battle- rise in strong support of H.R. 5152, the Ken- tional Battlefield Park in terms of annual visi- field Park is modified to include the approxi- nesaw Mountain National Battlefield Park tors out of all of the Civil War parks—is impor- mately 8 acres identified as ‘‘Wallis House Boundary Adjustment Act of 2010. As the au- tant to the local community and the preserva- and Harriston Hill’’, and generally depicted thor of this legislation, I appreciate the work of tion of our national heritage. I believe that on the map titled ‘‘Kennesaw Mountain Na- tional Battlefield Park, Proposed Boundary the Chairman and Ranking Member of the H.R. 5152 only adds to the significance of the Adjustment’’, numbered 325/80,020, and dated Natural Resources Committee—Mr. RAHALL park and will enhance the experience of visi- February 2010. from West Virginia and Mr. HASTINGS from tors for years to come. (b) MAP.—The map referred to in sub- Washington—for working in a bipartisan man- I urge all of my colleagues to support H.R. section (a) shall be on file and available for ner to bring this bill to the House floor today. 5152. inspection in the appropriate offices of the The Kennesaw Mountain National Battlefield Mr. HASTINGS of Washington. Mr. National Park Service. (c) LAND ACQUISITION.—The Secretary of Park was first authorized as a unit of the Na- Speaker, I yield back the balance of the Interior is authorized to acquire, from tional Park System within the National Park my time. willing owners only, land or interests in land Service on June 26, 1935. This park pre- Mrs. CHRISTENSEN. Mr. Speaker, I described in subsection (a) by donation or ex- serves the area surrounding the location of the yield back the balance of my time. change. Battle of Kennesaw Mountain, which took The SPEAKER pro tempore. The (d) ADMINISTRATION OF ACQUIRED LANDS.— place in June of 1864. This battle was the last question is on the motion offered by The Secretary of the Interior shall admin- ister land and interests in land acquired major battle of Union General William T. Sher- the gentlewoman from the Virgin Is- under this section as part of the Kennesaw man’s campaign to capture Atlanta during the lands (Mrs. CHRISTENSEN) that the Mountain National Battlefield Park in ac- Civil War. House suspend the rules and pass the cordance with applicable laws and regula- Mr. Speaker, H.R. 5152 will adjust the bill, H.R. 5152. tions. boundary of the Kennesaw Mountain National The question was taken; and (two- The SPEAKER pro tempore. Pursu- Battlefield Park to include approximately 8 thirds being in the affirmative) the ant to the rule, the gentlewoman from acres which contain the historic Wallis House rules were suspended and the bill was the Virgin Islands (Mrs. CHRISTENSEN) and Harriston Hill. The Wallis House is one of passed. and the gentleman from Washington the few remaining structures from the battle A motion to reconsider was laid on (Mr. HASTINGS) each will control 20 and adds significant historical significance to the table. minutes. the park. Currently, the park focuses on Con- f The Chair recognizes the gentle- federate positions and strategy. With the addi- MT. ANDREA LAWRENCE woman from the Virgin Islands. tion of these 8 acres, the park will now include DESIGNATION ACT OF 2010 GENERAL LEAVE important strategic positions of the Union. Mrs. CHRISTENSEN. Mr. Speaker, I In fact, Union General O.O. Howard used Mrs. CHRISTENSEN. Mr. Speaker, I ask unanimous consent that all Mem- the Wallis House as his headquarters during move to suspend the rules and pass the

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6829 bill (H.R. 5194) to designate Mt. Andrea GENERAL LEAVE For her significant accomplishments, she was Lawrence, and for other purposes. Mrs. CHRISTENSEN. Mr. Speaker, I inducted into the U.S. National Ski Hall of The Clerk read the title of the bill. ask unanimous consent that all Mem- Fame in 1958, at the age of 25. The text of the bill is as follows: bers may have 5 legislative days within These remarkable achievements at a young H.R. 5194 which to revise and extend their re- age, however, were just the beginning of a life of service to her community and environ- Be it enacted by the Senate and House of Rep- marks and include extraneous material resentatives of the United States of America in on the bill under consideration. mental preservation. In 1968, Andrea moved Congress assembled, The SPEAKER pro tempore. Is there to Mammoth Lakes in the spectacularly beau- tiful Eastern Sierra of California. It was in this SECTION 1. SHORT TITLE. objection to the request of the gentle- This Act may be cited as the ‘‘Mt. Andrea woman from the Virgin Islands? special region she spent the rest of her life Lawrence Designation Act of 2010’’. There was no objection. working to protect the area’s natural treasures. Never one to rest on her accomplishments, SEC. 2. FINDINGS. Mrs. CHRISTENSEN. Mr. Speaker, I she founded the Friends of Mammoth to main- Congress finds that Andrea Mead Law- yield myself such time as I may con- rence— sume. tain the beauty and serenity of Mammoth (1) was born in Rutland County, Vermont, H.R. 5194, introduced by Representa- Lakes and the Eastern Sierra. She served for on April 19, 1932, where she developed a life- tive BUCK MCKEON, would designate a 16 years on the Mono County Board of Super- long love of winter sports and appreciation mountain in California’s Sierra Ne- visors, where she worked tirelessly to protect for the environment; vadas as Mt. Andrea Lawrence. Andrea and restore Mono Lake, Bodie State Historic (2) competed in the 1948 Winter Olympics Mead Lawrence was the first American Park, and other important natural and cultural in St. Moritz, Switzerland, and the 1956 Win- to win two Olympic gold medals in al- landscapes of the Eastern Sierra. As a mem- ter Olympics in Cortina d’Ampezzo, Italy, ber of the Great Basin Air Pollution Control and was the torch lighter at the 1960 Winter pine skiing. She followed her Olympic career with a career as an ardent con- District, she worked to reduce air pollution Olympics in Squaw Valley, California; caused by the dewatering of Owens Lake. In (3) won 2 Gold Medals in the Olympic spe- servationist. cial and giant slalom races at the 1952 Win- H.R. 5194 designates Peak 12,240 as 2003, she founded the Andrea Lawrence Insti- ter Olympics in Oslo, Norway, and remains Mt. Andrea Lawrence. The mountain is tute for Mountains and Rivers to protect the the only United States double-gold medalist located on the northern border of the environment and the economic vitality of this important region. in alpine skiing; Ansel Adams Wilderness and the Yo- In 2008, she testified before the Mono (4) was inducted into the U.S. National Ski semite National Park. This seems a fit- Hall of Fame in 1958 at the age of 25; County Board of Supervisors in favor of the (5) moved in 1968 to Mammoth Lakes in the ting tribute to the life and work of Ms. Eastern Sierra and Northern San Gabriel Wild spectacularly beautiful Eastern Sierra of Lawrence. Heritage Act, a bill enacted the day before she California, a place that she fought to protect I urge Members to support H.R. 5194. died on March 31, 2009 at the age of 76. An- for the rest of her life; I reserve the balance of my time. drea left a rich legacy of a family of five chil- (6) founded the Friends of Mammoth to Mr. HASTINGS of Washington. Mr. dren and four grandchildren, as well as a dis- maintain the beauty and serenity of Mam- Speaker, I yield myself as much time tinguished record in skiing. Her tireless efforts moth Lakes and the Eastern Sierra; as I may consume. (7) served for 16 years on the Mono County have left a better legacy for the people who Mr. Speaker, Andrea Lawrence was a live and recreate in the Eastern Sierra. Board of Supervisors, where she worked tire- successful Olympic skier, a long-time lessly to protect and restore Mono Lake, Andrea Mead Lawrence’s life philosophy is Bodie State Historic Park and other impor- member of the Mono County Board of summed up in her quote ‘‘Your life doesn’t tant natural and cultural landscapes of the Supervisors, and founder of the Andrea stop by winning medals. It’s only the begin- Eastern Sierra; Lawrence Institute for Mountains and ning. And if you have the true Olympic spirit, (8) worked, as a member of the Great Basin Rivers. This bill, as was explained, des- you have to put it back into the world in mean- Air Pollution Control District, to reduce air ignates an unnamed 12,000-foot peak lo- ingful ways.’’ pollution that had been caused by the cated on the boundary between the Mr. Speaker, it is very fitting to name Peak dewatering of Owens Lake; Ansel Adams Wilderness Area and Yo- 12,240 ‘‘Mt. Andrea Lawrence’’; both in her (9) founded the Andrea Lawrence Institute semite National Park as Mt. Andrea for Mountains and Rivers in 2003 to work for honor, and as a visible point of inspiration for environmental protection and economic vi- Lawrence. future generations. tality in the region she loved so much; This designation is a fitting tribute Mr. HASTINGS of Washington. I (10) testified in 2008 before the Mono Coun- to Andrea Lawrence, who died last year yield back the balance of my time. ty Board of Supervisors in favor of the East- at the age of 76 after a long career as a Mrs. CHRISTENSEN. Mr. Speaker, I ern Sierra and Northern San Gabriel Wild pioneering woman and civic leader. yield back the balance of my time. Heritage Act, a bill that was enacted the day Congressman MCKEON should be com- The SPEAKER pro tempore. The before she died; mended for his work on this bill. question is on the motion offered by (11) passed away on March 31, 2009, at 76 Mr. MCKEON. Mr. Speaker, for the time to the gentlewoman from the Virgin Is- years of age, leaving 5 children, Cortlandt, speak in favor of my legislation, H.R. 5194, to lands (Mrs. CHRISTENSEN) that the Matthew, Deirdre, Leslie, and Quentin, and 4 House suspend the rules and pass the grandchildren; and name a peak in the Eastern Sierra in honor of Andrea Mead Lawrence. Let me also express bill, H.R. 5194. (12) leaves a rich legacy that will continue The question was taken; and (two- my appreciation to the leaders of the Com- to benefit present and future generations. thirds being in the affirmative) the mittee on Natural Resources, Chairmen RA- SEC. 3. DESIGNATION OF MT. ANDREA LAW- rules were suspended and the bill was RENCE. HALL and GRIJALVA, and Ranking Members passed. (a) IN GENERAL.—Peak 12,240 (located 0.6 HASTINGS and BISHOP who worked to help miles northeast of Donahue Peak on the A motion to reconsider was laid on bring this legislation to the floor today. the table. northern border of the Ansel Adams Wilder- Andrea Mead Lawrence was a remarkable ness and Yosemite National Park (UTM co- woman. I was honored to know and work with f ordinates Zone 11, 304428 E, 4183631 N)) shall be known and designated as ‘‘Mt. Andrea her for the protection of the Eastern Sierra, a COMMEMORATING 75TH ANNIVER- Lawrence’’. cause she championed for much of her life. SARY OF THE BLUE RIDGE (b) REFERENCES.—Any reference in a law, Born in Rutland County, Vermont, on April 19, PARKWAY map, regulation, document, record, or other 1932, she developed a life-long love of winter Mrs. CHRISTENSEN. Mr. Speaker, I paper of the United States to the peak de- sports and appreciation for the environment. A move to suspend the rules and agree to scribed in subsection (a) shall be considered skilled skier, she competed in the 1948 Winter the concurrent resolution (H. Con. Res. to be a reference to ‘‘Mt. Andrea Lawrence’’. Olympics in St. Moritz, Switzerland as well as 294) commemorating the 75th Anniver- The SPEAKER pro tempore. Pursu- the 1956 Winter Olympics in Cortina sary of the Blue Ridge Parkway. ant to the rule, the gentlewoman from d’Ampezzo Italy. She also served as the torch The Clerk read the title of the con- the Virgin Islands (Mrs. CHRISTENSEN) lighter at the 1960 Winter Olympics in Squaw current resolution. and the gentleman from Washington Valley, California. In the 1952 Winter Olympics The text of the concurrent resolution (Mr. HASTINGS) each will control 20 in Oslo Norway, she won two Gold Medals in is as follows: minutes. the Olympic special and giant slalom races. H. CON. RES. 294 The Chair recognizes the gentle- To this day, she remains the only United Whereas the Blue Ridge Parkway links the woman from the Virgin Islands. States double-gold medalist in alpine skiing. Great Smoky Mountains National Park to

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6830 CONGRESSIONAL RECORD — HOUSE September 22, 2010 the Shenandoah National Park, providing 469 the Virgin Islands (Mrs. CHRISTENSEN) The Clerk read the title of the resolu- scenic miles for motor recreation along the and the gentleman from Washington tion. crest of the Blue Ridge Mountains in North (Mr. HASTINGS) each will control 20 The text of the resolution is as fol- Carolina and Virginia; minutes. Whereas North Carolina state geologist Jo- lows: seph Hyde Pratt first proposed a scenic road The Chair recognizes the gentle- H. RES. 1503 along the Blue Ridge Mountains in 1906; woman from the Virgin Islands. Whereas the estuary regions of the United Whereas, on November 24, 1933, at the rec- GENERAL LEAVE States comprise a significant share of the ommendation of Virginia Senator Harry Mrs. CHRISTENSEN. Mr. Speaker, I national economy, with 43 percent of the Byrd, Secretary of the Interior Harold Ickes ask unanimous consent that all Mem- population, 40 percent of employment, and 49 approved construction of the new highway to bers may have 5 legislative days within percent of economic output located in such connect the Great Smoky Mountains Na- regions; tional Park with the Shenandoah National which to revise and extend their re- marks and include extraneous material Whereas coasts and estuaries contribute Park; more than $800,000,000,000 annually in trade Whereas, on September 11, 1935, construc- on the bill under consideration. and commerce to the Nation’s economy; tion began on the first 12.5-mile section of The SPEAKER pro tempore. Is there Whereas more than 43 percent of all adults the Blue Ridge Parkway near Cumberland objection to the request of the gentle- in the United States visit a sea coast or estu- Knob in North Carolina; woman from the Virgin Islands? ary at least once a year to participate in Whereas Stanley L. Abbott is widely re- There was no objection. some form of recreation, generating membered as the ‘‘father of the Blue Ridge $8,000,000,000 to $12,000,000,000 in revenue an- Parkway’’ for his work to oversee planning b 1520 nually; of the project; Mrs. CHRISTENSEN. Mr. Speaker, Whereas more than 28,000,000 jobs in the Whereas the Blue Ridge Parkway was es- House Concurrent Resolution 294 was United States are supported through com- tablished by Congress as a unit of the Na- introduced on June 30, 2010, by Rep- mercial and recreational fishing, boating, tional Park Service on June 30, 1936; tourism, and other coastal industries that resentative TOM PERRIELLO of Virginia Whereas the National Park Service devel- rely on healthy estuaries; opment program, ‘‘Mission 66’’, oversaw the and is cosponsored by Members on both Whereas estuaries provide vital habitat for completion of most remaining gaps along the sides of the aisle from Virginia and countless species of fish and wildlife, includ- Blue Ridge Parkway during the 1950s and North Carolina. ing many that are listed as threatened spe- 1960s; The resolution celebrates the 75th cies or endangered species; Whereas the Blue Ridge Parkway’s final anniversary of the most visited unit of Whereas estuaries provide critical eco- stretch of road was completed in 1987 with the national park system, the Blue system services that protect human health the construction of the Linn Cove Viaduct; Ridge Parkway, which links Great and public safety, including water filtration, Whereas the Blue Ridge Parkway provides Smoky Mountains National Park to flood control, shoreline stabilization and recreational opportunities for American erosion prevention, and protection of coastal families at picnic areas, campgrounds, and Shenandoah National Park. communities during extreme weather events; on scenic drives through Appalachian moun- Mr. Speaker, it is fitting that we rec- Whereas 55,000,000 acres of estuarine habi- tain passes; ognize this great public works achieve- tat have been destroyed over the last 100 Whereas the diverse topography and nu- ment and its significance to the Amer- years; merous vista points along the Blue Ridge ican people. I commend Representative Whereas bays once filled with fish and oys- Parkway make it the most accessible way to PERRIELLO for bringing this resolution ters have become dead zones filled with ex- visit and experience Southern Appalachian before us and urge the House to ap- cess nutrients, chemical wastes, harmful rural landscapes and mountains; prove this measure. algae, and marine debris; Whereas the Parkway is world-renowned Whereas sea level rise is accelerating the for its biodiversity, which includes 74 species I reserve the balance of my time. degradation of estuaries by submerging low- of mammals, 50 salamander species, 35 rep- Mr. HASTINGS of Washington. Mr. lying lands, eroding beaches, converting wet- tile species, 159 species of birds and 25 species Speaker, I yield myself as much time lands to open water, exacerbating coastal of fish; as I may consume. flooding, and increasing the salinity of estu- Whereas the Blue Ridge Parkway is the Mr. Speaker, I am pleased to join aries and freshwater aquifers; most visited unit of the National Park Serv- with the measure’s many sponsors rec- Whereas in the Coastal Zone Management ice with nearly 20 million visitors each year; ognizing the anniversary of the Blue Act of 1972 (16 U.S.C. 1451 et seq.), Congress Whereas the Blue Ridge Parkway promotes Ridge Parkway, which was first pro- found and declared that it is national policy regional travel and tourism by unifying the to preserve, protect, develop, and where pos- 29 counties through which it passes, engen- posed by Senator Harry Byrd in 1933, sible, to restore or enhance, the resources of dering a shared regional identity, providing but was completed under President the Nation’s coastal zone, including estu- a common link of interest, and contributing Ronald Reagan in 1987. aries, for current and future generations; to the economic vitality of the area; Mr. Speaker, I have no further re- Whereas scientific study leads to better Whereas the Blue Ridge Parkway is one of quests for time, and I yield back the understanding of the benefits of estuaries to the strongest economic engines in the South- balance of my time. human and ecological communities; ern Appalachian region, generating an esti- Mrs. CHRISTENSEN. I yield back the Whereas Federal, State, local, and tribal mated $2.3 billion in North Carolina and Vir- governments, national and community orga- ginia annually; balance of my time. The SPEAKER pro tempore. The nizations, and private citizens work together Whereas the Blue Ridge Parkway has re- to effectively manage our Nation’s estuaries; ceived volunteer support from thousands of question is on the motion offered by Whereas estuary restoration efforts cost- Virginians and North Carolinians, including the gentlewoman from the Virgin Is- effectively restore natural infrastructure in 1,400 volunteers in 2008 who provided more lands (Mrs. CHRISTENSEN) that the local communities, helping to create jobs than 50,000 hours of service; House suspend the rules and agree to and reestablish the natural functions of estu- Whereas the Blue Ridge Parkway is a great the concurrent resolution, H. Con. Res. aries that yield countless benefits; and public works achievement that maintains 294. Whereas September 25, 2010, has been des- natural, historic, and cultural significance ignated National Estuaries Day to increase for the people of Virginia and North Caro- The question was taken; and (two- thirds being in the affirmative) the awareness among all citizens, including lina; and local, State, and Federal officials, about the Whereas this crown jewel of the National rules were suspended and the concur- importance of healthy estuaries and the need Park Service deserves the support of Con- rent resolution was agreed to. to protect and restore them: Now, therefore, gress to preserve its ecological and cultural A motion to reconsider was laid on be it integrity, maintain its infrastructure, and the table. Resolved, That the House of Representa- protect its famously scenic views: Now, f tives— therefore, be it (1) supports the goals and ideals of Na- Resolved by the House of Representatives (the SUPPORTING NATIONAL tional Estuaries Day; Senate concurring), That Congress— ESTUARIES DAY (2) acknowledges the importance of estu- (1) commemorates the 75th Anniversary of aries to the Nation’s economic well-being the Blue Ridge Parkway; and Mrs. CHRISTENSEN. Mr. Speaker, I move to suspend the rules and agree to and productivity; (2) acknowledges the historic and enduring (3) recognizes the persistent threats that scenic, recreational, and economic value of the resolution (H. Res. 1503) expressing undermine the health of the Nation’s estu- this unique national treasure. support for the goals and ideals of Na- aries; The SPEAKER pro tempore. Pursu- tional Estuaries Day, and for other (4) applauds the work of national and com- ant to the rule, the gentlewoman from purposes. munity organizations and public partners to

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6831 promote public awareness, protection, and human livelihoods. In these unique educating our constituents about estu- restoration of estuaries; and habitats, ecological resources and mil- aries and getting people excited about (5) reaffirms its support for estuaries, in- lions of jobs in tourism, fishing and the natural beauty to be found there. cluding the preservation, protection, and res- other coastal industries intersect. I ask my colleagues to vote today to toration thereof, and expresses its intent to Estuaries have given rise to iconic continue working to protect and restore the support those goals and ideals by mak- estuaries of the United States. port cities central to our culture, and ing September 25 National Estuaries they remain the refuge of unique spe- Day. The SPEAKER pro tempore. Pursu- cies that define our environment. It is Mrs. CAPPS. Mr. Speaker, I rise today to ant to the rule, the gentlewoman from this balance that makes estuaries one express my support for H. Res. 1503, a reso- the Virgin Islands (Mrs. CHRISTENSEN) of the most important ecosystems in lution supporting the goals and ideals of Na- and the gentleman from Washington the United States, one worth recog- tional Estuaries Day. (Mr. HASTINGS) each will control 20 nizing as we do here with House Reso- I want to thank my colleague, KATHY CAS- minutes. lution 1503. TOR, for introducing this resolution, which I The Chair recognizes the gentle- Estuary regions contain 43 percent of have cosponsored. woman from the Virgin Islands. the population, 49 percent of the eco- We each represent coastal districts that are GENERAL LEAVE nomic output while occupying only 13 home to estuaries—places where the rivers Mrs. CHRISTENSEN. I ask unani- percent of the U.S. continental land meet the sea—and these estuaries are of mous consent that all Members may area. As coastal regions continue to great importance to the health of our coastal have 5 legislative days in which to re- further experience development, it is communities and environment. vise and extend their remarks and in- important to maintain this balance be- In my district, the Morro Bay National Estu- clude extraneous material on this reso- tween economic prosperity and ecologi- ary is an ecological treasure. lution under consideration. cal health. Lagoons and wetlands that were once com- The SPEAKER pro tempore. Is there The BP Deepwater Horizon oil dis- mon along the southern California coast are objection to the request of the gentle- aster in the Gulf of Mexico calls atten- nearly all filled and developed. But we are for- woman from the Virgin Islands? tion to this delicate balance between tunate that the Morro Bay Estuary has largely There was no objection. maintaining our quality of life and sus- survived. And we must continue to protect this Mrs. CHRISTENSEN. Mr. Speaker, I taining our precious natural resources. natural resource. rise in support of House Resolution 1503 Coastal health and restoration have The Estuary provides vital habitat for birds and would like to commend the sponsor taken on a new level of significance in and fish. It is an important stop-over for over of the resolution, Representative light of the oil disaster, making our 150 species of migratory birds during their an- KATHY CASTOR of Florida, for her con- awareness of estuary ecosystems all nual migration. And it is a critical winter home tinued leadership in recognizing the the more important. to several other bird species. The estuary also Estuaries provide critical ecosystem importance of our Nation’s estuaries. acts as a nursery for commercial fish in the services that protect human health and National Estuaries Day was estab- area. public safety, such as water filtration, lished in 1988 to celebrate the impor- Since the Morro Bay Estuary was incor- flood control, erosion prevention. They tance of these coastal ecosystems to porated into the National Program in 1995, the also protect coastal communities dur- the Nation’s trade, commerce, indus- inspiring team of staff and volunteers has ing extreme weather events like hurri- try, recreation and environmental spearheaded numerous efforts to preserve canes and floods. quality and to recognize the work of and restore the estuary. national and community organizations The Tampa Bay area, my home dis- trict, is known internationally for its For example, partnering with local ranchers, to promote the need to preserve, pro- the Estuary Program has installed fencing tect, and restore these vital areas. collaborative approach to watershed management, which has led to signifi- along nearly 75,000 feet of creek to limit cattle In light of the recent disaster in the access. This has protected water quality and Gulf of Mexico, it is clear that now, cant improvements in the quality of our estuary, the beautiful Tampa Bay. improved riparian habitat on seven creeks. more than ever, we should pause to rec- The Tampa Bay Estuary Program The Program has provided funding to the ognize the essential role estuaries play has worked closely with the public and City of Morro Bay to remove derelict vessels in economic and environmental health private sector to develop and imple- before they pollute local waters and damage of the United States. ment a watershed management plan to habitat. Mr. Speaker, I reserve the balance of bring about positive changes. The re- They have also established the Estuary Na- my time. sults have been obvious in Tampa Bay. ture Center and WaterFest, to educate the Mr. HASTINGS of Washington. Mr. Water is as clear now as it was in 1950. general public about the beauty of the estuary Speaker, I yield myself as much time We have about 10,000 more acres of and its importance to water quality and con- as I may consume. sea grass now than we did in the 1980s, servation. Mr. Speaker, this resolution ex- and we are seeing an increase of an ad- In addition, dedicated volunteers collect and presses support for the goals and ideals ditional 500 acres per year because of provide important water quality data for the of National Estuaries Day, which has this clear, cleaner water. This is the lo- Estuary Program each year. These data are been designated for September 25, 2010. cation of an active port as well, so critical to evaluating the health of the estuary We have no objection to this resolu- business and a clean and healthy envi- and watershed, as well as compiling a plan to tion. ronment can coexist. address problems. I reserve the balance of my time. Nationally, coasts and estuaries con- Estuaries are among the richest habitats Mrs. CHRISTENSEN. Mr. Speaker, I tribute more than $800 billion annually known on earth—providing immeasurable eco- yield such time as she may consume to in trade and commerce to our econ- nomic and ecological benefits. But they are the sponsor of this legislation, Rep- omy. Nearly 75 percent of all commer- threatened by human activities. resentative KATHY CASTOR of Florida. cial fish and shellfish catch contain We all live in a watershed. We must under- Ms. CASTOR of Florida. I would like species that depend on estuary habi- stand that our actions directly affect our na- to thank my colleague, Mrs. tats, making ecosystems vital to com- tion’s waterways. By working together we can CHRISTENSEN, very much for yielding merce. work to lower our impact and protect our valu- the time and also thank my cosponsor, Twenty-eight million U.S. jobs are able water resources. MIKE CASTLE, the Congressman from supported through commercial and rec- I urge all of my colleagues to vote in sup- Delaware, for also being a leader on be- reational fishing, boating, tourism and port of H. Res. 1503—to recognize National half of National Estuaries Day and other coastal industries that rely on Estuaries Day and the community organiza- thanks to the other 36 cosponsors in healthy estuaries. Human activities tions that fight to preserve these invaluable re- the House. are degrading estuaries at a rapid pace sources. Estuaries are deeply connected to our and threaten the health of these eco- Mr. HASTINGS of Washington. I Nation’s economy and vital to a systems unless restoration efforts are have no requests for time, and I yield healthy environment. They are an inte- supported. back the balance of my time. gral part of our coastal ecosystems and National Estuaries Day has the very Mrs. CHRISTENSEN. I yield back the support not only wildlife but also worthy goals of raising awareness and balance of my time.

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6832 CONGRESSIONAL RECORD — HOUSE September 22, 2010 The SPEAKER pro tempore. The the Virgin Islands (Mrs. CHRISTENSEN) America in a more precise way than question is on the motion offered by and the gentleman from Washington any other naturalist in this Nation’s the gentlewoman from the Virgin Is- (Mr. HASTINGS) each will control 20 history. lands (Mrs. CHRISTENSEN) that the minutes. Not only was he a tremendous paint- House suspend the rules and agree to The Chair recognizes the gentle- er, he also was a great businessman, the resolution, H. Res. 1503. woman from the Virgin Islands. and in 1816, he brought one of the first The question was taken; and (two- GENERAL LEAVE steam-powered saw-and-grist mills on thirds being in the affirmative) the Mrs. CHRISTENSEN. I ask unani- the banks of the Ohio River to Ken- rules were suspended and the resolu- mous consent that all Members may tucky. tion was agreed to. have 5 legislative days in which to re- To commemorate John James A motion to reconsider was laid on vise and extend their remarks and in- Audubon’s commitment to his commu- the table. clude extraneous material on the reso- nity and wildlife, the Commonwealth f lution under consideration. of Kentucky dedicated the John James CELEBRATING 200TH ANNIVER- The SPEAKER pro tempore. Is there Audubon State Park on October 3, 1934. SARY OF JOHN JAMES AUDUBON objection to the request of the gentle- It is an impressive structure designed IN HENDERSON, KENTUCKY woman from the Virgin Islands? as a replica of a Norman-French inn to honor Audubon’s French heritage. The Mrs. CHRISTENSEN. Mr. Speaker, I There was no objection. Mrs. CHRISTENSEN. Mr. Speaker, I museum structure has a round tower in move to suspend the rules and agree to which there is a lot of nesting birds, I the resolution (H. Res. 1508) celebrating rise in support of House Resolution must say. A cobbled courtyard with a the 200th Anniversary of John James 1508, a resolution introduced by our French garden graces the immediate Audubon in Henderson, Kentucky. colleague, Representative ED WHIT- The Clerk read the title of the resolu- FIELD, to celebrate the 200th anniver- grounds of the museum. It also con- tion. sary of John James Audubon’s arrival tains the world’s largest oils and water The text of the resolution is as fol- in the town of Henderson, Kentucky. colors of birds. And today, the park en- lows: This community on the banks of the joys thousands of visitors who come H. RES. 1508 Ohio River in western Kentucky is sur- and admire the work of John James Audubon. Whereas, John James Audubon arrived in rounded by rolling hills and verdant the river town of Henderson, Kentucky, in woods which were the inspiration for This year their bicentennial celebra- 1810 with his wife and infant son, determined many of the illustrations which are tion has been occurring throughout the to make his fortune; published in ‘‘The Birds of America.’’ year, and it’s going to end on October Whereas, as a businessman in Henderson, This book was Audubon’s seminal con- 23 in Henderson with a huge gala in the he met with some initial success, and in 1816 tribution to wildlife conservation and community celebrating the works of he undertook his most ambitious project to remains a valuable source of informa- John James Audubon. date, building a steam-powered saw-and-grist I would urge the Members of the tion for bird lovers across the United mill in the city on the banks of the Ohio House to support this legislation, and, River; States. once again, I want to thank both sides Whereas, Audubon loved the frontier spirit 1530 in Henderson, and throughout his years b of the aisle for working with us on it. there, he roamed the woods, observing and John James Audubon was a pioneer Mr. HASTINGS of Washington. Mr. painting the many species of birds abundant in the history of wildlife conservation Speaker, I have no further requests for in the area; in the United States, and I’m pleased time, and I yield back the balance of Whereas, Audubon ultimately lived in Hen- to support this resolution which ac- my time. derson, Kentucky, for nine years, longer knowledges and celebrates his many Mrs. CHRISTENSEN. I yield back the than anywhere else in the United States, balance of my time, Mr. Speaker. during which time two of his four children achievements. Mr. Speaker, I reserve the balance of The SPEAKER pro tempore. The were born; question is on the motion offered by Whereas, he went on to publish his orni- my time. thological works in the masterpiece, ‘‘The Mr. HASTINGS of Washington. Mr. the gentleman from Kentucky (Mr. Birds of America’’; Speaker, I yield myself as much time WHITFIELD) that the House suspend the Whereas, present-day Henderson, Ken- as I may consume. rules and agree to the resolution, H. tucky, boasts the John James Audubon Mr. Speaker, this resolution would Res. 1508. State Park & Museum, where Audubon’s life celebrate the 200th anniversary of John The question was taken; and (two- is interpreted through his art and personal thirds being in the affirmative) the memorabilia, framed within a timeline of James Audubon’s arrival in Henderson, Kentucky. John James Audubon spent rules were suspended and the resolu- world events and paying reverence to its tion was agreed to. namesake through its Nature Center, which nearly a decade living in Henderson, A motion to reconsider was laid on is comprised of three areas: a wildlife Obser- Kentucky, and it is certainly appro- the table. vation Room; the Discovery Center with priate that residents of this commu- hands-on exhibits; and the Learning Center, nity would want to celebrate the ac- f where the park naturalist and art educator conduct environmental and art programs; complishments of one of its most fa- MULTINATIONAL SPECIES CON- Whereas, Henderson’s position on the Mis- mous citizens. SERVATION FUNDS SEMIPOSTAL sissippi Flyway migration route also offers I want to compliment the author of STAMP ACT OF 2010 visitors the chance to take part in many of this resolution, Congressman ED Mrs. CHRISTENSEN. Mr. Speaker, I the same spectacular birdwatching opportu- WHITFIELD, who is a classmate of mine, move to suspend the rules and concur nities that Audubon enjoyed, both at the who worked extremely hard on this park and at the nearby 10,000 acre Sloughs in the Senate amendment to the bill resolution. (H.R. 1454) to provide for the issuance Wildlife Management Area, a National Audu- I urge support of this resolution. bon Society Important Birding Area; and of a Multinational Species Conserva- Whereas, in celebration of the bicentennial Mr. Speaker, I am very pleased to tion Funds Semipostal Stamp. of Audubon’s 1810 arrival in Henderson Coun- yield such time as he may consume to, The Clerk read the title of the bill. ty, the Friends of Audubon, Ohio Valley Art as I mentioned, the author of this reso- The text of the Senate amendment is League, and the Kentucky Department of lution, the gentleman from Kentucky as follows: Fish & Wildlife Resources are planning a full (Mr. WHITFIELD). Senate amendment: slate of events, which can be found at Mr. WHITFIELD. I want to thank Strike out all after the enacting clause and www.audubon2010.com. Members on both sides of the aisle for insert: Resolved, That the House of Represenatives working with us on this resolution. SECTION 1. SHORT TITLE. honors John James Audubon for his life’s This Act may be cited as the ‘‘Multinational contribution to nature and art in Henderson, Mr. Speaker, as it has already been said, John James Audubon came to Species Conservation Funds Semipostal Stamp Kentucky, for 200 years and the continued Act of 2010’’. showcase of his life, nature, and art at the Henderson, Kentucky, in 1810, 200 years SEC. 2. MULTINATIONAL SPECIES CONSERVATION John James Audubon State Park & Museum. ago this year. He was an ornithologist, FUNDS SEMIPOSTAL STAMP. The SPEAKER pro tempore. Pursu- naturalist, and painter. He also painted (a) IN GENERAL.—In order to afford a conven- ant to the rule, the gentlewoman from and catalogued the birds of North ient way for members of the public to contribute

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4634 Sfmt 6333 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6833 to funding for the operations supported by the GENERAL LEAVE 1454. These included a reduction in the Multinational Species Conservation Funds, the Mrs. CHRISTENSEN. Mr. Speaker, I duration of time that the semipostal United States Postal Service shall issue a ask unanimous consent that all Mem- stamp will be available to the public semipostal stamp (hereinafter in this Act re- bers may have 5 legislative days in and a stipulation that only one flag- ferred to as the ‘‘Multinational Species Con- ship species may be depicted on the servation Funds Semipostal Stamp’’) in accord- which to revise and extend their re- ance with succeeding provisions of this section. marks and include extraneous material stamps. (b) COST AND USE.— on the bill under consideration. I reviewed these changes and believe (1) IN GENERAL.—The Multinational Species The SPEAKER pro tempore. Is there they do not undermine the funda- Conservation Funds Semipostal Stamp shall be objection to the request of the gentle- mental goal of this measure, which is offered at a cost equal to the cost of mailing a woman from the Virgin Islands? to create an alternative funding source letter weighing 1 ounce or less at the nonauto- There was no objection. for highly endangered African and mation single-piece first-ounce letter rate, in ef- Mrs. CHRISTENSEN. Mr. Speaker, I Asian elephants, rhinoceroses and ti- fect at the time of purchase, plus a differential rise in support of H.R. 1454, the Multi- gers, great apes and marine turtles at of not less than 15 percent. no cost to U.S. taxpayers. (2) VOLUNTARY USE.—The use of any national Species Conservation Funds semipostal issued under this section shall be vol- Semipostal Stamp Act of 2009, that was While it is true that the U.S. Postal untary on the part of postal patrons. introduced by our colleague from Service has had statutory authority to (3) SPECIAL RATE.—The special rate of postage South Carolina, HENRY BROWN. issue semipostal stamps for over a dec- of an individual stamp under this section shall The Multinational Species Conserva- ade, it has been the Congress that has be an amount that is evenly divisible by 5. tion Funds promote wildlife conserva- directed that they be issued for breast (c) OTHER TERMS AND CONDITIONS.—The cancer research, 9/11 responders, and issuance and sale of the Multinational Species tion around the world for keystone spe- cies, including great apes, tigers, and victims of domestic violence. Conservation Funds Semipostal Stamp shall be Under H.R. 1454, the American public elephants. These programs consistently governed by the provisions of section 416 of title would have the opportunity to support 39, United States Code, and regulations issued generate high-quality conservation these six multinational species by pur- under such section, subject to subsection (b) and projects and leverage $3 or $4 from non- the following: chasing these semipostal stamps. They Federal contributors for every Federal would be sold at a premium price, and (1) DISPOSITION OF PROCEEDS.— dollar spent. (A) IN GENERAL.—All amounts becoming avail- after the Postal Service has deducted able from the sale of the Multinational Species Mr. Speaker, revenues generated all of its administrative costs, the re- Conservation Funds Semipostal Stamp (as deter- from the sale of a wildlife semipostal maining proceeds will be transferred to mined under section 416(d) of such title 39) shall stamp, as authorized under this legisla- the U.S. Fish and Wildlife Service. It be transferred to the United States Fish and tion, would fund these important grant will be the Service’s responsibility to Wildlife Service, for the purpose described in programs. I am a cosponsor of H.R. 1454 select those conservation projects that subsection (a), through payments which shall be and supported its original passage by best achieve the goal of protecting the made at least twice a year, with the proceeds to the House nearly a year ago. I urge my remaining populations of these highly be divided equally among the African Elephant colleagues to support the amended Conservation Fund, the Asian Elephant Con- imperiled animals. servation Fund, the Great Ape Conservation version and send it on to the President I am confident that once these Fund, the Marine Turtle Conservation Fund, so it may become law. stamps are available, they will be ex- the Rhinoceros and Tiger Conservation Fund, Mr. Speaker, I reserve the balance of tremely popular with the American and other international wildlife conservation my time. people. I have been assured that they funds authorized by the Congress after the date Mr. HASTINGS of Washington. Mr. will be widely sold at aquariums, post of the enactment of this Act and administered Speaker, I yield myself as much time offices, and zoos throughout this coun- by the Service as part of the Multinational Spe- as I may consume. try. Based on previous experience, we cies Conservation Fund. Mr. Speaker, having Congress au- know that a large number of people (B) PROCEEDS NOT TO BE OFFSET.—In accord- thorize semipostal stamps to raise ance with section 416(d)(4) of such title 39, will buy these semipostals and will amounts becoming available from the sale of the funds to support causes is indeed a rare never use them. As a result, the Postal Multinational Species Conservation Funds event. As the ranking Republican on Service will realize a significant profit Semipostal Stamp (as so determined) shall not be the Insular Affairs, Wildlife and Oceans from their sale. taken into account in any decision relating to Subcommittee, the gentleman from This legislation offers us a unique op- the level of appropriations or other Federal South Carolina, HENRY BROWN, was portunity to establish a new creative funding to be furnished in any year to— tireless in clearing this bill through funding mechanism, for a limited pe- (i) the United States Fish and Wildlife Serv- the Committee on Government Over- riod of time, at no cost to the Amer- ice; or ican taxpayer, to help save some of the (ii) any of the funds identified in subpara- sight and Reform, the Committee on graph (A). Natural Resources, and through the most iconic and endangered species on (2) DURATION.—The Multinational Species Senate. So I want to compliment the this planet. Conservation Funds Semipostal Stamp shall be gentleman from South Carolina for his Finally, I want to thank those Mem- made available to the public for a period of at persistence and leadership in crafting bers who co-sponsored this legislation, least 2 years, beginning no later than 12 months this bipartisan bill. and also Chairman RAHALL and rank- after the date of the enactment of this Act. With that, Mr. Speaker, I yield such ing Republican DOC HASTINGS, Chair- (3) LIMITATION.—The Multinational Species time as he may consume to the author man ED TOWNS, and ranking Repub- Conservation Funds Semipostal Stamp shall not lican DARRELL ISSA, Chairman JOE be subject to, or taken into account for purposes of this resolution, the gentleman from LIEBERMAN and Senators SAM of applying, any limitation under section South Carolina (Mr. BROWN). BROWNBACK and LINDSEY GRAHAM, as 416(e)(1)(C) of such title 39. Mr. BROWN of South Carolina. I ap- (4) RESTRICTION ON USE OF FUNDS.—Amounts preciate the gentleman from the State well as my friend from Columbia, transferred under paragraph (1) shall not be of Washington’s yielding, my good South Carolina, the Honorable JIM CLYBURN, for his assisting in this ef- used to fund or support the Wildlife Without friend DOC HASTINGS; and also Dr. Borders Program or to supplement funds made fort. CHRISTENSEN for her leadership on the available for the Neotropical Migratory Bird I would also like to express my ap- Conservation Fund. other side of the aisle. preciation to the more than 40 con- (d) DEFINITION.—For purposes of this Act, the Mr. Speaker, I rise in strong support servation organizations that have as- term ‘‘semipostal stamp’’ refers to a stamp de- of H.R. 1454, a bill I was pleased to in- sisted in this effort, including the scribed in section 416(a)(1) of title 39, United troduce along with the subcommittee Wildlife Conservation Society, the States Code. chairlady, MADELEINE BORDALLO and World Wildlife Fund, the Humane Soci- The SPEAKER pro tempore. Pursu- 153 other Members of the House of Rep- ety of the United States, the Associa- ant to the rule, the gentlewoman from resentatives. tion of Zoos and Aquariums, Feld En- the Virgin Islands (Mrs. CHRISTENSEN) This legislation was unanimously tertainment, and Safari Club Inter- and the gentleman from Washington adopted by the House of Representa- national. (Mr. HASTINGS) each will control 20 tives on December 7, 2009, and it was minutes. approved by the Senate on July 29 of b 1540 The Chair recognizes the gentle- this year. Prior to its passage, the Sen- These groups worked tirelessly for woman from the Virgin Islands. ate made several modifications to H.R. the passage of this bill. I thank them.

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6834 CONGRESSIONAL RECORD — HOUSE September 22, 2010 I urge an ‘‘aye’’ vote on H.R. 1454. (7) STATE.—The term ‘‘State’’ means the State (2) RIGHT OF ACCESS.—A cooperative agree- There is no question it will help stamp of Connecticut. ment entered into under paragraph (1) shall out extinction. SEC. 3. COLTSVILLE NATIONAL HISTORICAL provide that the Secretary, acting through the Mr. HASTINGS of Washington. Mr. PARK. Director of the National Park Service, shall (a) ESTABLISHMENT.— have the right of access at all reasonable times Speaker, I have no further requests for (1) IN GENERAL.—Subject to paragraph (2), to all public portions of the property covered by time, and I yield back the balance of there is established in the State a unit of the the agreement for the purposes of— my time. National Park System to be known as the (A) conducting visitors through the properties; Mrs. CHRISTENSEN. Mr. Speaker, I ‘‘Coltsville National Historical Park’’. and also want to mention our colleague the (2) CONDITIONS FOR ESTABLISHMENT.—The (B) interpreting the properties for the public. gentlewoman from Guam’s strong sup- park shall not be established until the date on (3) CHANGES OR ALTERATIONS.—No changes or port for this bill. Though Ms. which the Secretary determines that— alterations shall be made to any properties cov- (A) the Secretary has acquired by donation ered by a cooperative agreement entered into BORDALLO could not be here today to sufficient land or an interest in land within the under paragraph (1) unless the Secretary and speak in support of H.R. 1454 as she is boundary of the park to constitute a manage- the other party to the agreement agree to the on Guam conducting official business, able unit; changes or alterations. she asked that I relay her thanks to (B) the State, city, or private property owner, (4) CONVERSION, USE, OR DISPOSAL.—Any pay- the gentleman from South Carolina for as appropriate, has entered into a written agree- ment by the Secretary under this subsection his efforts with this legislation, and for ment with the Secretary to donate at least 10,000 shall be subject to an agreement that the con- the bipartisan manner in which he has square feet of space in the East Armory which version, use, or disposal of a project for pur- worked with her and all of our Mem- would include facilities for park administration poses contrary to the purposes of this section, as and visitor services; determined by the Secretary, shall entitle the bers on the Democratic side of the aisle (C) the Secretary has entered into a written United States to reimbursement in an amount as the ranking member of the sub- agreement with the State, city, or other public equal to the greater of— committee. entity, as appropriate, providing that— (A) the amounts made available to the project I too am among the over 150 cospon- (i) land owned by the State, city, or other by the United States; or sors of H.R. 1454, and recognize its public entity within the Coltsville Historic Dis- (B) the portion of the increased value of the value as a longtime member of the trict shall be managed consistent with this sec- project attributable to the amounts made avail- International Conservation Caucus. I tion; and able under this subsection, as determined at the time of the conversion, use, or disposal. continue to urge a ‘‘yes’’ vote. (ii) future uses of land within the historic dis- trict shall be compatible with the designation of (5) MATCHING FUNDS.— Mr. Speaker, I yield back the balance the park and the city’s preservation ordinance; (A) IN GENERAL.—As a condition of the receipt of my time. and of funds under this subsection, the Secretary The SPEAKER pro tempore. The (D) the Secretary has reviewed the financial shall require that any Federal funds made question is on the motion offered by resources of the owners of private and public available under a cooperative agreement shall the gentlewoman from the Virgin Is- property within the boundary of the proposed be matched on a 1-to-1 basis by non-Federal lands (Mrs. CHRISTENSEN) that the park to ensure the viability of the park based on funds. those resources. (B) FORM.—With the approval of the Sec- House suspend the rules and concur in retary, the non-Federal share required under the Senate amendment to the bill, H.R. (b) BOUNDARIES.—The park shall include and provide appropriate interpretation and viewing subparagraph (A) may be in the form of donated 1454. of the following sites, as generally depicted on property, goods, or services from a non-Federal The question was taken; and (two- the map: source, fairly valued. thirds being in the affirmative) the (1) The East Armory. (d) ACQUISITION OF LAND.—Land or interests rules were suspended and the Senate (2) The Church of the Good Shepherd. in land owned by the State or any political sub- amendment was concurred in. (3) The Caldwell/Colt Memorial Parish House. division of the State may be acquired only by A motion to reconsider was laid on (4) Colt Park. donation. (5) The Potsdam Cottages. (e) TECHNICAL ASSISTANCE AND PUBLIC INTER- the table. (6) Armsmear. PRETATION.—The Secretary may provide tech- f (7) The James Colt House. nical assistance and public interpretation of re- COLTSVILLE NATIONAL (c) COLLECTIONS.—The Secretary shall enter lated historic and cultural resources within the into a written agreement with the State of Con- boundary of the historic district. HISTORICAL PARK ACT necticut State Library, Wadsworth Atheneum, SEC. 5. MANAGEMENT PLAN. Mrs. CHRISTENSEN. Mr. Speaker, I and the Colt Trust, or other public entities, as (a) IN GENERAL.—Not later than 3 fiscal years move to suspend the rules and pass the appropriate, to gain appropriate access to Colt- after the date on which funds are made avail- bill (H.R. 5131) to establish Coltsville related artifacts for the purposes of having items able to carry out this Act, the Secretary, in con- National Historical Park in the State routinely on display in the East Armory or sultation with the Commission, shall complete a within the park as determined by the Secretary of Connecticut, and for other purposes, management plan for the park in accordance as a major function of the visitor experience. with— as amended. SEC. 4. ADMINISTRATION. (1) section 12(b) of Public Law 91–383 (com- The Clerk read the title of the bill. (a) IN GENERAL.—The Secretary shall admin- monly known as the National Park Service Gen- The text of the bill is as follows: ister the park in accordance with— eral Authorities Act) (16 U.S.C. 1a–7(b)); and H.R. 5131 (1) this Act; and (2) other applicable laws. Be it enacted by the Senate and House of Rep- (2) the laws generally applicable to units of (b) COST SHARE.—The management plan shall resentatives of the United States of America in the National Park System, including— include provisions that identify costs to be Congress assembled, (A) the National Park Service Organic Act (16 shared by the Federal Government, the State, U.S.C. 1 et seq.); and and the city, and other public or private entities SECTION 1. SHORT TITLE. (B) the Act of August 21, 1935 (16 U.S.C. 461 or individuals for necessary capital improve- This Act may be cited as the ‘‘Coltsville Na- et seq.). ments to, and maintenance and operations of, tional Historical Park Act’’. (b) STATE AND LOCAL JURISDICTION.—Nothing the park. SEC. 2. DEFINITIONS. in this Act enlarges, diminishes, or modifies any (c) SUBMISSION TO CONGRESS.—On completion For the purposes of this Act: authority of the State, or any political subdivi- of the management plan, the Secretary shall (1) CITY.—The term ‘‘city’’ means the city of sion of the State (including the city)— submit the management plan to— Hartford, Connecticut. (1) to exercise civil and criminal jurisdiction; (1) the Committee on Natural Resources of the (2) COMMISSION.—The term ‘‘Commission’’ or House of Representatives; and means the Coltsville National Historical Park (2) to carry out State laws (including regula- (2) the Committee on Energy and Natural Re- Advisory Commission established by subsection tions) and rules on non-Federal land located sources of the Senate. 6(a). within the boundary of the park. SEC. 6. COLTSVILLE NATIONAL HISTORICAL PARK (3) HISTORIC DISTRICT.—The term ‘‘Historic (c) COOPERATIVE AGREEMENTS.— ADVISORY COMMISSION. District’’ means the Coltsville Historic District. (1) IN GENERAL.—As the Secretary determines (a) ESTABLISHMENT.—There is established a (4) MAP.—The term ‘‘map’’ means the map ti- to be appropriate to carry out this Act, the Sec- Commission to be known as the Coltsville Na- tled ‘‘Coltsville National Historical Park—Pro- retary may enter into cooperative agreements tional Historical Park Advisory Commission. posed Boundary’’, numbered T25/102087, and with the owner of any property within the (b) DUTY.—The Commission shall advise the dated May 11, 2010. Coltsville Historic District or any nationally sig- Secretary in the development and implementa- (5) PARK.—The term ‘‘park’’ means the nificant properties within the boundary of the tion of the management plan. Coltsville National Historical Park in the State park, under which the Secretary may identify, (c) MEMBERSHIP.— of Connecticut. interpret, restore, rehabilitate, and provide tech- (1) COMPOSITION.—The Commission shall be (6) SECRETARY.—The term ‘‘Secretary’’ means nical assistance for the preservation of the prop- composed of 11 members, to be appointed by the the Secretary of the Interior. erties. Secretary, of whom—

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 4634 Sfmt 6333 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6835 (A) 2 members shall be appointed after consid- (j) TERMINATION.— tion, but the National Park Service eration of recommendations submitted by the (1) IN GENERAL.—Unless extended under para- conducted a study on this proposal and Governor of the State; graph (2), the Commission shall terminate on found that although the Coltsville site the date that is 10 years after the date of the en- (B) 1 member shall be appointed after consid- is ‘‘nationally significant,’’ there are eration of recommendations submitted by the actment of this Act. State Senate President; (2) EXTENSION.—Eight years after the date of so many unresolved issues that they (C) 1 member shall be appointed after consid- the enactment of this Act, the Commission shall were unable to conclude that the park eration of recommendations submitted by the make a recommendation to the Secretary if a proposal is feasible. In fact, they were Speaker of the State House of Representatives; body of its nature is still necessary to advise on unable to determine which parts of the (D) 2 members shall be appointed after consid- the development of the park. If, based on a rec- site they would own or even manage. eration of recommendations submitted by the ommendation under this paragraph, the Sec- Further complicating this proposal, Mayor of Hartford, Connecticut; retary determines that the Commission is still the Park Service found—or rather I necessary, the Secretary may extend the life of (E) 2 members shall be appointed after consid- should say didn’t find—that the public eration of recommendations submitted by Con- the Commission for not more than 10 years. necticut’s 2 United States Senators; SEC. 7. AUTHORIZATION OF APPROPRIATION. would have basic access to the site be- (F) 1 member shall be appointed after consid- There is authorized to be appropriated cause it is under private ownership, eration of recommendations submitted by Con- $10,000,000 for the development of the park. among a variety of parties, including 55 necticut’s First Congressional District Rep- The SPEAKER pro tempore. Pursu- condominiums and nine cottages. resentative; ant to the rule, the gentlewoman from It probably goes without saying that (G) 2 members shall have experience with na- the Virgin Islands (Mrs. CHRISTENSEN) visitors to this park would want to see tional parks and historic preservation; the factory where the famous revolvers (H) all appointments must have significant ex- and the gentleman from Washington perience with and knowledge of the Coltsville (Mr. HASTINGS) each will control 20 and other firearms were produced. Historic District; and minutes. Upon their arrival, they will probably (I) 1 member of the Commission must live in The Chair recognizes the gentle- be very disappointed because, quoting the Sheldon/Charter Oak neighborhood within woman from the Virgin Islands. the Park Service, ‘‘no commitments to the Coltsville Historic District. GENERAL LEAVE permit visitors internal access to the (2) INITIAL APPOINTMENTS.—The Secretary Mrs. CHRISTENSEN. Mr. Speaker, I Colt Fire Arms factory building cur- shall appoint the initial members of the Commis- ask unanimous consent that all Mem- rently exist.’’ sion not later than the earlier of— How about a stop at the historic (A) the date that is 30 days after the date on bers may have 5 legislative days in which the Secretary has received all of the rec- which to revise and extend their re- home of Samuel Colt? It is now a pri- ommendations for appointments under para- marks and include extraneous material vate, multiunit residential complex graph (1); or on the bill under consideration. whose owners have determined that (B) the date that is 30 days after the park is The SPEAKER pro tempore. Is there visitors touring through their homes established. objection to the request of the gentle- would be, as the Park Service report (d) TERM; VACANCIES.— woman from the Virgin Islands? states, ‘‘problematic.’’ (1) TERM.— There was no objection. Regardless of the will of these prop- (A) IN GENERAL.—A member shall be ap- erty owners, this legislation would cre- pointed for a term of 3 years. Mrs. CHRISTENSEN. Mr. Speaker, (B) REAPPOINTMENT.—A member may be re- H.R. 5131 was introduced by the gen- ate Federal boundaries around their appointed for not more than 1 additional term. tleman from Connecticut (Mr. LARSON) property and raise serious questions (2) VACANCIES.—A vacancy on the Commission in April 2010. This bill would establish about whether their property rights shall be filled in the same manner as the origi- Coltsville National Historic Park on are being violated. We talked about nal appointment was made. the former site of the Colt Fire Arms that a few times earlier today. This is (e) MEETINGS.—The Commission shall meet at Company in Hartford, Connecticut. yet another reason why this bill in my the call of— view is not ready to move today. (1) the Chairperson; or H.R. 5131 would create the park as (2) a majority of the members of the Commis- part of a collaborative partnership be- In addition to the Park Service re- sion. tween willing public and private land- port, the agency testified in June on (f) QUORUM.—A majority of the Commission owners in the Coltsville historic dis- this legislation, and to quote from that shall constitute a quorum. trict. It would also help revitalize one testimony: ‘‘The department does not (g) CHAIRPERSON AND VICE CHAIRPERSON.— of Hartford’s most economically chal- support enactment of this legislation (1) IN GENERAL.—The Commission shall select lenged neighborhoods with new invest- due to the uncertainty associated with a Chairperson and Vice Chairperson from ments. the ownership and long-term financial among the members of the Commission. sustainability of the Coltsville develop- (2) VICE CHAIRPERSON.—The Vice Chairperson A study conducted by the National shall serve as Chairperson in the absence of the Park Service found Coltsville to be of ment project.’’ Chairperson. national significance but identified They continue, ‘‘In concert with the (3) TERM.—A member may serve as Chair- several technical challenges. Congress- lack of feasibility, the study was also person or Vice Chairperson for not more than 1 man LARSON has worked with the com- unable to determine the need for the year in each office. mittee and the National Park Service National Park Service management, or (h) COMMISSION PERSONNEL MATTERS.— to include provisions in the bill ad- specifically which resources the Na- (1) COMPENSATION OF MEMBERS.— dressing all of the agency’s concerns. tional Park Service would manage.’’ (A) IN GENERAL.—Members of the Commission As a very basic matter of priorities, I shall serve without compensation. Mr. LARSON is to be commended for his (B) TRAVEL EXPENSES.—Members of the Com- hard work on this legislation. This bill would remind my colleagues that the mission shall be allowed travel expenses, includ- is good for the people of Connecticut, National Park Service already has a $9 ing per diem in lieu of subsistence, at rates au- and it is good for our National Park billion maintenance backlog. Author- thorized for an employee of an agency under System. I support H.R. 5131. izing $10 million more for a new park subchapter I of chapter 57 of title 5, United I reserve the balance of my time. that the Park Service doesn’t believe is States Code, while away from the home or reg- Mr. HASTINGS of Washington. Mr. feasible to me makes no sense. ular place of business of the member in the per- Speaker, I yield myself such time as I The American public is pleading for formance of the duty of the Commission. this Congress to stop out-of-control (2) STAFF.— may consume. (A) IN GENERAL.—The Secretary shall provide Mr. Speaker, H.R. 5131 proposes to spending. While the concept and the in- the Commission with any staff members and create a new unit of the National Park tent behind this proposal may have technical assistance that the Secretary, after System honoring the Colt family and merit, and I think it does have merit, consultation with the Commission, determines to their contribution to our Nation we need to also acknowledge that the be appropriate to enable the Commission to through the innovation of precision taxpayers will be on the hook for mil- carry out the duty of the Commission. manufacturing. Unfortunately, Mr. lions of dollars in rehabilitation costs (B) DETAIL OF EMPLOYEES.—The Secretary Speaker, there has been so little preci- just to prepare this site for visitors, if may accept the services of personnel detailed the visitors could get in, plus addi- from the State or any political subdivision of the sion, apparently, in developing this leg- State. islation, that even the National Park tional millions to manage the site from (i) FACA NONAPPLICABILITY.—Section 14(b) of Service has opposed the bill. now to eternity. the Federal Advisory Committee Act (5 U.S.C. I know the sponsor of this bill has Mr. Speaker, I remind my colleagues App.) shall not apply to the Commission. worked extremely hard on this legisla- that at the request of this Congress,

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6836 CONGRESSIONAL RECORD — HOUSE September 22, 2010 the National Park Service conducted a We were on the phone with the Na- bipartisanly with the Governor of the study on this proposal and found sub- tional Park Service. They have no ob- State of Connecticut. I think it under- stantial obstacles to it becoming a suc- jection to this because this meets all of scores how important this is to our cessful park. They reiterated that in those criteria and those concerns. great State of Connecticut. testimony in June in front of the Nat- What are they? With that, Mr. Speaker, I would urge ural Resources Committee. While this First and foremost, the gentleman is its passage. proposal may have its day, and I think correct, any time you are in an urban I understand the concerns that you it should have its day because of the area, you are going to enter into dif- have raised, but the Park Service has historical significance of the Colt fac- ferent property rights concerns than absolute veto power over that, and I tory, in my view we are not there yet. you would in an area which is less con- think we in good faith have met every So I urge my colleagues to oppose this gested, shall I say. The point is this: single one of those concerns. It is my legislation. Between all of the participants, in- hope that any disagreement or lack of I reserve the balance of my time. cluding the Governor of the State, our understanding that has transpired can Mrs. CHRISTENSEN. Mr. Speaker, I economic development commission, be overcome. Yet the urgency of this am pleased to yield such time as he the city of Hartford, their economic de- passage, of its importance and signifi- may consume to the chair of our cau- velopment commission, and the more cance, I’d say to my good colleague and cus, the Honorable JOHN LARSON from than 88 property owners, everything friend, is truly important to the people Connecticut. was individually worked out. All are of the State of Connecticut. Mr. LARSON of Connecticut. I thank welcoming this with great pride and Mr. HASTINGS of Washington. Will the gentlelady from the Virgin Islands, with the understanding of what this the gentleman yield? and I thank my colleague from Wash- will mean to their city and with the Mr. LARSON of Connecticut. I yield ington. I can’t wait to invite him up to understanding of what Coltsville and to the gentleman. Coltsville so he will see the accessi- Elizabeth and Sam Colt mean to the Mr. HASTINGS of Washington. We bility and be exposed to what is part of State of Connecticut. This is, perhaps, may as well have a discussion here. If this Nation’s industrial revolution and not important to everybody here; but you need time, I will yield the time. part of our DNA when it comes to man- in a small State and in a small city First of all, I can see the passion that ufacturing. that is economically depressed, it is the gentleman has on this issue. Com- The gentleman points out clearly enormously important. ing from the West, where that manu- that the National Park Service has es- The gentleman raises the point that facturing facility won the West, I can tablished its national significance. Its there were feasibility questions raised. understand that and respect that, but I national significance, I think, is worth There were. The developer has been re- do want to point out that there is a going into in as much as I don’t think placed with a major and significant de- process here. all of our colleagues here are aware of veloper who has the feasibility and ca- We had a hearing on this in June. the great effort of Samuel Colt and ac- pability. A cap has been placed on any The Park Service expressed their con- tually his wife Elizabeth who managed potential liability and cost for the Na- cerns here in testimony. I quoted part the company for 39 years after his tional Park Service, which is another of those concerns. They expressed their death. And even though she couldn’t important hurdle, I dare say, which is concerns, and we expressed some con- vote, managed one of the Nation’s top not in most pieces of legislation. It is cerns that we may have had because companies that would have been then a also with the understanding that the the private property aspect to it was Fortune Five company in this Nation. Park Service has veto power over this part of the dialogue. We marked the Indeed, its spawned the industrial revo- legislation, even though all of the hur- bill up in July, once again, expressing lution here. And as a lot of people dles have been addressed, should it our concerns. know from the Colt signature iconic prove not to be economically feasible. I am one who respects when Members name, it was the gun that won the So I would plead with my colleague. want to put something in their dis- West. And I hope it wins your hearts I know, perhaps, in terms of the norm tricts. Listen, they know their dis- today because along with recognizing of national parks in an urban setting tricts better than anybody else, and its national historic significance and that in a congested and densely popu- they should be given a lot of leeway; its suitability within the park system, lated area like Connecticut, it’s not but there is a responsibility, if we are it was modeled after what are difficult going to meet a lot of those criteria. going to have national input, to know things for urban areas. There are going to be property con- what the facts are so that we can re- cerns. Though, you can go bipartisanly spond accordingly, as it is not just the b 1550 within your State, work with all the citizen taxpayers of Connecticut who Unlike a lot of people out West who development authorities, go within the are funding this; it is the taxpayers of have spacious land, we are limited. neighborhoods, work with everybody in the 50 States, so we need to have some This would be Connecticut’s only na- the neighborhood, and then can look at answers. tional park because of its historic sig- this historic significance. Henry Ford Now, this bill was put on the suspen- nificance and also because of its eco- went there to make sure he studied the sion calendar last night. I have nomic significance. Hartford is the assembly line. Pratt & Whitney were checked with my staff. We have yet to fourth poorest city in the Nation. Yes, both apprentices there. It spawned the hear from the Park Service as to if it there were obstacles that were put out typewriter, the bicycle. The auto- has changed its mind or not. You al- in front over the last several years and mobile we can even take credit for, luded to that fact, but we haven’t got- then specifically in testimony. So, though we are here to talk about the ten anything at all. along with the committee, we sat down significance and the importance of this The gentleman knows that the ap- and worked through those issues. historic landmark. proval rating of this Congress is very, The issues centered mainly around The urgency is that this structure, very low, and it is precisely for these the third criterion, knowing it was na- the 10,000 square feet that actually the reasons. Even though we don’t have the tionally significant, that it was suit- Park Service would be in charge of, is answers, albeit on a project that is able within the scheme of things, and in desperate need, in urgent need. It small in terms of the overall scope of that it followed the precedent estab- should have been passed years ago. the Federal Government, it deserves to lished in Lowell, established in Rosie This is a tough process. We have have answers, especially when we have the Riveter in California, and then worked—and I really implore my col- been working on this. You said that also, most recently, established in 2010 leagues, and many of you know this you’ve been working on it, I think, if with Patterson Falls. It follows all of from having gone through this lo- not publicly, then in private conversa- those criteria, but it goes beyond that cally—to have every local entity, down tions for at least 10 years. These con- for exactly the points that the gen- to the basic property holder, sign off on cerns that we have raised go back to tleman raises. This is why I think it is this enthusiastically, to experience all this summer. They should at least be so important and why I encourage the of the different hurdles that we have raised or answered, and they have not dialogue. had to overcome and to go forward been adequately answered.

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6837 So, in the waning days of this ses- fortunate and unfair. I know you don’t ‘‘(II) knows or should know (as defined in sion, I will tell the gentleman that I doubt my word, and I certainly don’t section 1128A(i)(7)) (or knew or should have am more than willing to work with doubt yours. I can only ask and im- known) of such conduct. him, if this does not pass the Congress plore that you support this, what I ‘‘(ii) Any individual who is an officer or managing employee (as defined in section this year, to get these things resolved think is a very important and nation- 1126(b)) of a sanctioned entity or affiliated so that, indeed, we can memorialize ally significant bill. entity of such sanctioned entity (or was such that factory. Yet, with the information Mr. HASTINGS of Washington. Mr. an officer or managing employee at the time I have right now, I respectfully say to Speaker, I have made my points on of any of the conduct that formed a basis for my friend that we have focused on the this. I appreciate the gentleman’s the conviction or exclusion described in sub- Park Service, but there is a cost asso- input, but I stand by my opening re- paragraph (B)). ciated with this, which I alluded to in marks on this just because we haven’t ‘‘(iii) Any affiliated entity of a sanctioned my opening remarks, and there is a pri- got the information. So I urge my col- entity. vate property aspect. Those are all im- ‘‘(B) For purposes of this paragraph, the leagues to vote ‘‘no’’ on this. term ‘sanctioned entity’ means an entity— portant issues. Mr. Speaker, I yield back the balance ‘‘(i) that has been convicted of any offense With that, I thank the gentleman for of my time. described in subsection (a) or in paragraph yielding, but I have to say that I op- Mrs. CHRISTENSEN. Mr. Speaker, I (1), (2), or (3) of this subsection; or pose this, and I am going to urge my urge my colleagues on both sides of the ‘‘(ii) that has been excluded from partici- colleagues to vote ‘‘no,’’ though I cer- aisle to support this important legisla- pation under a program under title XVIII or tainly want to revisit this sometime in tion. under a State health care program. the future so we can get this legisla- I yield back the balance of my time. ‘‘(C)(i) For purposes of this paragraph, the term ‘affiliated entity’ means, with respect tion passed. The SPEAKER pro tempore (Mr. Mr. LARSON of Connecticut. I thank to a sanctioned entity— LANGEVIN). The question is on the mo- ‘‘(I) an entity affiliated with such sanc- the gentleman for his comments. tion offered by the gentlewoman from tioned entity; and The future for the city of Hartford the Virgin Islands (Mrs. CHRISTENSEN) ‘‘(II) an entity that was so affiliated at the and for Coltsville is now, and the sense that the House suspend the rules and time of any of the conduct that formed the of urgency is upon us. My good friend pass the bill, H.R. 5131, as amended. basis for the conviction or exclusion de- and colleague from Washington State The question was taken. scribed in subparagraph (B). is an honest broker and an independent The SPEAKER pro tempore. In the ‘‘(ii) For purposes of clause (i), an entity person. shall be treated as affiliated with another opinion of the Chair, two-thirds being entity if— I appreciate your comments and ev- in the affirmative, the ayes have it. erything that you attributed to my en- ‘‘(I) one of the entities is a person with an Mr. HASTINGS of Washington. Mr. ownership or control interest (as defined in thusiasm and zeal. Let me say that Speaker, on that I demand the yeas section 1124(a)(3)) in the other entity (or had that extends to the people of the State and nays. such an interest at the time of any of the of Connecticut, as I indicated in a non- The yeas and nays were ordered. conduct that formed a basis for the convic- partisan way, who are very much com- The SPEAKER pro tempore. Pursu- tion or exclusion described in subparagraph mitted to this. ant to clause 8 of rule XX and the (B)); The gentleman is correct that at the ‘‘(II) there is a person with an ownership or Chair’s prior announcement, further hearing, which I believe was in June, control interest (as defined in section proceedings on this motion will be these issues were raised. We then sat 1124(a)(3)) in both entities (or had such an in- postponed. down with the Park Service, and we ad- terest at the time of any of the conduct that dressed every one of their concerns. f formed a basis for the conviction or exclu- sion described in subparagraph (B)); or Representative GRIJALVA then intro- STRENGTHENING MEDICARE ANTI- ‘‘(III) there is a person who is an officer or duced an amendment that we felt ad- FRAUD MEASURES ACT OF 2010 managing employee (as defined in section dressed those concerns as well. Mr. PALLONE. Mr. Speaker, I move 1126(b)) of both entities (or was such an offi- b 1600 to suspend the rules and pass the bill cer or managing employee at the time of any (H.R. 6130) to amend title XI of the So- of the conduct that formed a basis for the In the push-and-shove of business conviction or exclusion described in subpara- here in Congress and on the floor, I un- cial Security Act to expand the permis- graph (B)).’’. derstand sometimes in the process— sive exclusion from participation in SEC. 3. BUDGETARY EFFECTS OF PAYGO LEGIS- and certainly the gentleman is correct Federal health care programs to indi- LATION. in making process points. I just would viduals and entities affiliated with The budgetary effects of this Act, for the say that this goes beyond process in sanctioned entities, as amended. purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be deter- terms of what it means. The Clerk read the title of the bill. The text of the bill is as follows: mined by reference to the latest statement We are a small State, Connecticut, titled ‘‘Budgetary Effects of PAYGO Legisla- H.R. 6130 but a very proud State. This is a tion’’ for this Act, submitted for printing in project—certainly, everybody recog- Be it enacted by the Senate and House of Rep- the Congressional Record by the Chairman of nizes—that has national significance resentatives of the United States of America in the House Budget Committee, provided that and historic value and deserves to be Congress assembled, such statement has been submitted prior to preserved. The problem is that post- SECTION 1. SHORT TITLE. the vote on passage. poning it yet again doesn’t work. This Act may be cited as the ‘‘Strength- The SPEAKER pro tempore. Pursu- And so I understand your position, ening Medicare Anti-Fraud Measures Act of 2010’’. ant to the rule, the gentleman from but I would implore people on the other New Jersey (Mr. PALLONE) and the gen- SEC. 2. PERMISSIVE EXCLUSION FROM FEDERAL side of the aisle. If you were in a simi- HEALTH CARE PROGRAMS EX- tleman from Kentucky (Mr. WHITFIELD) lar situation—and understanding all PANDED TO INDIVIDUALS AND ENTI- each will control 20 minutes. the fiscal responsibility that we have TIES AFFILIATED WITH SANCTIONED The Chair recognizes the gentleman as a Congress, and to say that you have ENTITIES. from New Jersey. Section 1128(b)(15) of the Social Security ultimate veto power that you give to Act (42 U.S.C. 1320a–7(b)(15)) is amended to GENERAL LEAVE the National Park Service that the read as follows: Mr. PALLONE. Mr. Speaker, I ask project cannot go forward unless every- ‘‘(15) INDIVIDUALS OR ENTITIES AFFILIATED unanimous consent that all Members thing has been met—and the State, its WITH A SANCTIONED ENTITY.—(A) Any of the may have 5 legislative days in which to economic development authority, the following: revise and extend their remarks and in- City of Hartford, its municipality au- ‘‘(i) Any individual who— clude extraneous material in the ‘‘(I) is a person with an ownership or con- thority, all the property owners all em- RECORD. brace this and have done so enthu- trol interest (as defined in section 1124(a)(3)) The SPEAKER pro tempore. Is there in a sanctioned entity or an affiliated entity siastically. And the National Park of such sanctioned entity (or was a person objection to the request of the gen- Service has signed off on it, they told with such an interest at the time of any of tleman from New Jersey? me. the conduct that formed a basis for the con- There was no objection. I respect what the gentleman said, viction or exclusion described in subpara- Mr. PALLONE. Mr. Speaker, I yield you haven’t received that. That’s un- graph (B)); and myself such time as I may consume.

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6838 CONGRESSIONAL RECORD — HOUSE September 22, 2010 Mr. Speaker, I rise today in strong victed of Medicare fraud, that execu- myself, and we worked together with support of H.R. 6130. The legislation ex- tive cannot be barred from partici- the Office of the Inspector General and pands the authority of the Health and pating in Federal health programs. the Centers for Medicare and Medicaid Human Services Office of Inspector Under current law, an executive intent and expanded the authority to ban ex- General to allow it to ban corporate ex- on defrauding Medicare could simply ecutives from companies who have ecutives from doing business with move from one company to another been convicted of fraud from the pro- Medicare if their companies were con- and continue to inequitably use Amer- gram. victed of fraud. It also gives the inspec- ican taxpayers’ money. As you have heard, many of those ex- tor general the ability to exclude par- Second, this law will prevent compa- ecutives can come back and repeatedly ent companies that may be committing nies from hiding behind corporate take money from the Medicare or Med- fraud through shell companies. shells. Some companies use shell com- icaid program to which they’re not en- This important bill will close two panies to protect the parent company titled, and this would put an end to loopholes in current law so that crimi- from any liability. If the company is that. It expands the permissive author- nal offenders who defraud our Nation’s caught participating in fraud, the shell ity to exclude affiliates, and it sees seniors will have to pay for their could be dissolved, leaving the parent that the funds thereby go to the serv- crimes. Mr. Speaker, for every dollar company fully intact. Under this bill, ices that beneficiaries need. The bill put into the pockets of criminals, a the Office of Inspector General can ex- has been endorsed by AARP, which dollar is taken out of the system to clude parent companies when such pun- states that the bill would expand the provide much-needed care to millions ishment is merited. authority of the United States Health of Medicare patients, including two of I am glad that we are continuing to and Human Services to accomplish just our Nation’s most vulnerable popu- find ways to combat fraud in Medicare that. lations—seniors and the disabled. because we know that health care costs I want to thank my ranking member, This morning, my subcommittee held are out of control. And I might say, I Mr. HERGER, and Mr. LEWIS, for cooper- a hearing on Medicare fraud in which am sure every Member had the same ating on this. I think we have unani- we talked about the many important experiences that I did when we were mous agreement that it’s a bill that’s provisions of the new health care law home over this recent 3-week work pe- necessary, a bill that will reduce fraud that will assist CMS, the OIG, and the riod in which people were coming up and abuse, and a bill that will aid the Justice Department in identifying abu- asking all sorts of questions about the Medicare and Medicaid programs. sive suppliers and fraudulent billing health care reform bill, and we really I reserve the balance of my time. practices. In that hearing, we heard do not know the answers to it because Mr. HERGER. Mr. Speaker, I yield from the inspector general about how HHS is basically going to be writing myself such time as I may consume. this bill will help fight fraud by closing these regulations. And we are not Mr. Speaker, there is broad agree- two remaining gaps. going to fully know the outcome of ment that more needs to be done to The first gap allows an executive who this legislation for many years to combat waste, fraud, and abuse in has left the company being charged come, which I think merits, once Medicare. In fact, fraud is such an issue with fraud by the time of conviction to again, the importance of starting to in Medicare, that the chief counsel to continue to participate in Federal have oversight hearings to have some the HHS Inspector General, Lewis Mor- health programs. This shortfall will- questions answered that the American ris, who testified before the Ways and ingly permits these criminals to move people are asking for. Means Health Subcommittee this sum- from one company to another and con- mer, said, ‘‘A lot of career criminals b 1610 tinue to steal from Medicare seniors and organized criminals have decided and taxpayers. H.R. 6130 would give the I would ask unanimous consent at that building a Medicare fraud scam is OIG the authority to ban these execu- this time to yield the balance of my far safer than dealing in crack or deal- tives from doing business with Medi- time to the gentleman from California ing in stolen cars, and it’s far more lu- care. (Mr. HERGER). crative. Right now, it’s a good bet that The second gap allows companies The SPEAKER pro tempore. Is there you can take millions from us, and that engage in fraud who have set up objection to the request of the gen- chances are you’re not going to get shell companies to insulate themselves tleman from Kentucky? caught.’’ from liability and get off scot-free. There was no objection. Mr. Speaker, it’s clear more must be Once these shell organizations dissolve, Mr. HERGER. I reserve the balance done to ensure that taxpayer dollars there is no real penalty to the parent of my time. and seniors’ premiums are being used company. So H.R. 6130 would give the Mr. PALLONE. Mr. Speaker, I ask wisely and efficiently. That is why OIG the authority to ban these parent unanimous consent that the gentleman Chairman STARK and I authored the companies from doing business with from California (Mr. STARK), the legislation before us today, H.R. 6130, Medicare. Health Subcommittee chair on the the Strengthening Medicare Anti- Mr. Speaker, all forms of fraud un- Ways and Means Committee, control Fraud Measures Act. dermine the integrity of our public the remainder of the time on the ma- When Mr. Morris testified at our sub- health system, and I applaud my col- jority side. committee, he identified ways in which leagues from the Ways and Means Com- The SPEAKER pro tempore. Is there the current law could be improved. mittee—particularly Mr. STARK—for objection to the request of the gen- This legislation seeks to address those working on this important legislation. tleman from New Jersey? areas. I urge my colleagues to support this There was no objection. The bill makes two improvements to bill. Mr. STARK. Mr. Speaker, I yield my- current law. First, it provides author- Mr. Speaker, I reserve the balance of self such time as I may consume and ity to exclude from Federal health pro- my time. rise in support of H.R. 6130, which grams executives whose companies Mr. WHITFIELD. Mr. Speaker, I rise strengthens the Medicare Anti-Fraud have been convicted of fraud. The HHS today to support H.R. 6130, a common- Measures Act, as you have heard de- Office of Inspector General would be al- sense solution to combating fraud in scribed here. lowed to exclude executives who were Medicare. This legislation will provide This bipartisan fraud and abuse- in positions of authority at the time the Health and Human Services Office fighting legislation was co-authored by the fraud was committed but subse- of the Inspector General with tools to our ranking member, Mr. HERGER, and quently left those positions. properly combat Medicare fraud. was cosponsored on our side of the aisle Because the current statute is writ- First, it will close an important loop- by Mr. LEWIS, who chairs the Oversight ten in the present tense, it only pun- hole in current law and give the Office Subcommittee on Ways and Means. ishes officers, managing employees, of the Inspector General additional au- It was developed in a way that I and owners at the exact time OIG lev- thority to fight fraud. Under current think Congress should do more legisla- els punishment. Therefore, the indi- law, for example, if an executive leaves tion. It was a problem that was called vidual who was the CEO of a company a company before the company is con- to the attention of Mr. HERGER and that engaged in criminal fraud can

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6839 evade Medicare penalties if he or she CEOs who defraud Medicare should SEC. 2. ASSISTING VETERANS WITH MILITARY resigns before the company is con- not be able to simply move to a dif- EMERGENCY MEDICAL TRAINING TO BECOME STATE-LICENSED OR CER- victed. The ex-CEO is then free to take ferent company and continue to bill TIFIED EMERGENCY MEDICAL TECH- on jobs with other health care entities Medicare. Their companies should not NICIANS (EMTS). and commit fraud all over again. be able to hide behind corporate shells (a) IN GENERAL.—Part B of title III of the Under H.R. 6130, OIG could exclude that rob Medicare. This legislation will Public Health Service Act (42 U.S.C. 243 et seq.) the individuals who are responsible strengthen the anti-fraud laws and stop is amended by inserting after section 314 the fol- lowing: corporate officials at the time fraud these bad practices. was being committed, regardless of ‘‘SEC. 315. ASSISTING VETERANS WITH MILITARY b 1620 EMERGENCY MEDICAL TRAINING TO where they are employed later. BECOME STATE-LICENSED OR CER- The second change this bill makes I want to thank Mr. HERGER and TIFIED EMERGENCY MEDICAL TECH- prevents companies that are convicted again the chairman of our Sub- NICIANS (EMTS). of fraud from hiding behind corporate committee on Health, Chairman ‘‘(a) PROGRAM.—The Secretary shall establish a program consisting of awarding grants to shells and evading punishment. The STARK, for working side by side with the Oversight Subcommittee to end States to assist veterans who received and com- bill does this by strengthening OIG’s pleted military emergency medical training ability to impose penalties on corpora- these abuses. while serving in the Armed Forces of the United tions affiliated with convicted entities, I ask all my colleagues on both sides States to become, upon their discharge or release or to use ‘‘permissive exclusion’’ au- of the aisle to support this necessary from active duty service, State-licensed or cer- thority to exclude them from program bipartisan bill. tified emergency medical technicians. participation. Mr. HERGER. In closing, I urge all ‘‘(b) USE OF FUNDS.—Amounts received as a Currently, corporations that engage Members to vote ‘‘yes’’ on H.R. 6130, grant under this section may be used to assist and I yield back the balance of my veterans described in subsection (a) to become in health care fraud can resolve the State-licensed or certified emergency medical criminal case through a guilty plea of time. Mr. STARK. Mr. Speaker, I yield my- technicians as follows: a non-operating subsidiary. OIG’s only ‘‘(1) Providing to such veterans required remedy in such a case doesn’t allow for self the balance of my time. course work and training that take into ac- any meaningful punishment against I want to thank my distinguished count, and are not duplicative of, medical the company that’s actually behind the ranking member for his support and course work and training received when such Medicare fraud. work in bringing this bill to the floor, veterans were active members of the Armed This legislation gives OIG the au- and thank the staff who have worked Forces of the United States, to enable such vet- on this bill; John Barket, who was a erans to satisfy emergency medical services per- thority to exclude corporate parents or sonnel certification requirements in the civilian other affiliates from the Medicare pro- fellow in our subcommittee, got it started. He has now moved to Health sector, as determined by the appropriate State gram so that OIG will be better posi- regulatory entity. tioned to require significant changes at and Human Services, but I wanted to ‘‘(2) Providing reimbursement for costs associ- these companies beyond the remedies recognize his leadership. I would like ated with— that are generally required in civil to thank Erik Rasmussen and Dan ‘‘(A) such course work and training; or Elling on Mr. HERGER’s staff for their ‘‘(B) applying for licensure or certification. cases. This would provide a significant ‘‘(3) Expediting the licensing or certification incentive to corporate parents to pro- work and help in this area. And as al- ways, Debbie Curtis and Hannah process. mote compliance and police the activi- ‘‘(4) Entering into an agreement with any in- ties within their corporate families. Neprash on my subcommittee as well stitution of higher education, or other edu- With these additional tools, OIG will for their good work. And again to cational institution certified to provide course be better able to stop those individuals thank Mr. HERGER for joining with us work and training to emergency medical per- who commit fraud but who have been to see that we bring an end to these sonnel, for purposes of providing course work able to stay one step ahead of law en- bad practices. and training under this section if such institu- tion has developed a suitable curriculum that forcement, saving taxpayer dollars and I yield back the balance of my time. The SPEAKER pro tempore. The meets the requirements of paragraph (1). protecting seniors. question is on the motion offered by ‘‘(c) ELIGIBILITY.—To be eligible for a grant Medicare fraud is a crime that hurts under this section, a State shall demonstrate to the gentleman from New Jersey (Mr. senior citizens, law-abiding health care the Secretary’s satisfaction that the State has a providers, and every American who PALLONE) that the House suspend the shortage of emergency medical technicians. pays taxes. rules and pass the bill, H.R. 6130, as ‘‘(d) REPORT.—The Secretary shall submit to amended. the Congress an annual report on the program I thank Chairman STARK for working The question was taken; and (two- under this section. with me on this legislation and urge thirds being in the affirmative) the ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—To the support of my colleagues. carry out this section, there are authorized to be I reserve the balance of my time. rules were suspended and the bill, as amended, was passed. appropriated $5,000,000 for each of fiscal years Mr. STARK. Mr. Speaker, at this 2011 through 2015.’’. A motion to reconsider was laid on time I would like to yield 2 minutes to (b) GAO STUDY AND REPORT.—The Comp- the gentleman from Georgia (Mr. the table. troller General of the United States shall— (1) conduct a study on the barriers experi- LEWIS), the distinguished chair of our f enced by veterans who received training as med- Oversight Subcommittee on Ways and EMERGENCY MEDIC TRANSITION ical personnel while serving in the Armed Forces Means, who, like Mr. HERGER, recog- ACT OF 2010 of the United States and, upon their discharge nizes the seriousness of this problem Mr. PALLONE. Mr. Speaker, I move or release from active duty service, seek to be- and was helpful in our hearings in call- to suspend the rules and pass the bill come licensed or certified in a State as civilian ing attention to many of the problems. health professionals; and (H.R. 3199) to amend the Public Health (2) not later than 2 years after the date of the Mr. LEWIS of Georgia. Mr. Speaker, Service Act to provide grants to State I want to thank my friend, my col- enactment of this Act, submit to the Congress a emergency medical service depart- report on the results of such study, including league, Chairman STARK, for yielding ments to provide for the expedited recommendations on whether the program estab- time. training and licensing of veterans with lished under section 315 of the Public Health Mr. Speaker, we as a Nation have a prior medical training, and for other Service Act, as added by subsection (a), should duty to provide the very best health purposes, as amended. be expanded to assist veterans seeking to become care to our seniors and our disabled The Clerk read the title of the bill. licensed or certified in a State as health pro- brothers and sisters. For them, Medi- The text of the bill is as follows: viders other than emergency medical techni- care is a blessing, a lifeline. cians. H.R. 3199 Each time someone steals money The SPEAKER pro tempore. Pursu- from Medicare, it weakens the public Be it enacted by the Senate and House of Rep- resentatives of the United States of America in ant to the rule, the gentleman from trust, it hurts our seniors, and threat- Congress assembled, New Jersey (Mr. PALLONE) and the gen- ens the future of Medicare. We must SECTION 1. SHORT TITLE. tleman from Kentucky (Mr. WHITFIELD) not, and we will not allow, criminals to This Act may be cited as the ‘‘Emergency each will control 20 minutes. rob Medicare. If you defraud Medicare Medic Transition Act of 2010’’ or the ‘‘EMT Act The Chair recognizes the gentleman once, you will never, ever do it again. of 2010’’. from New Jersey.

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6840 CONGRESSIONAL RECORD — HOUSE September 22, 2010 GENERAL LEAVE gency management services to these ghanistan and Iraq, these vets are Mr. PALLONE. Mr. Speaker, I ask veterans, it would be beneficial to use ideally suited to respond to large-scale unanimous consent that all Members that investment to fill EMT needs in medical emergencies. They are ideal may have 5 legislative days within communities once the veteran has left first responders, making life or death which to revise and extend their re- the service. It makes sense to me that decisions amid a backdrop of chaos and marks and include extraneous material we should help veterans with life-sav- confusion. Their work at the scenes of in the RECORD. ing skills to use them in our commu- IED attacks, suicide bombings, and The SPEAKER pro tempore. Is there nities after they come home. firefights prepares them for this. objection to the request of the gen- I would certainly like to thank also In conclusion, the GAO study that tleman from New Jersey? Congresswoman HARMAN and Chairman Mr. PALLONE referenced will report on There was no objection. PALLONE as well as Congressman barriers experienced by veteran medics Mr. PALLONE. Mr. Speaker, I yield BUYER of Indiana, all of whom have and whether or not we should expand myself such time as I may consume. worked hard on this legislation. this program to other health care pro- Mr. Speaker, I rise today in strong I urge my colleagues to support this viders. support of H.R. 3199, the Emergency legislation. I urge support for the bill. It dem- Medic Transition Act of 2010. H.R. 3199 I reserve the balance of my time. onstrates in tangible form our appre- Mr. PALLONE. Mr. Speaker, I yield will help military medics transition to ciation for the service and skills of our to the bill’s sponsor, the gentlewoman work as civilian emergency medic returning military medics. technicians. This bill authorizes grants from California (Ms. HARMAN), such b 1630 for States that have a shortage of time as she may consume. emergency medic technicians to create Ms. HARMAN. Mr. Speaker, I want to Mr. WHITFIELD. I yield back the thank my friend and subcommittee programs to train returning veterans balance of my time. chair, Mr. PALLONE, and his ace staff with emergency medical training that Mr. PALLONE. Mr. Speaker, I yield for working to bring this bipartisan they become State-certified EMTs. such time as he may consume to the bill, the Emergency Medic Transition, The goal of this legislation is two- other person who did a lot of work on or EMT Act, to the floor. I also want to fold: to help vets with medical training their legislation, the gentleman from thank Mr. SARBANES, Mr. WHITFIELD, transition back into civilian life and to Maryland (Mr. SARBANES). Mr. BUYER and others for their support shore up our civilian emergency re- Mr. SARBANES. I thank the gen- in committee. Truly, it might be said sponse capabilities, particularly in tleman for yielding. that bipartisanship broke out in our States with a demonstrated need for I rise in strong support of this bill, committee during the debate on this these services. Programs like the ones and I salute Congresswoman HARMAN bill. authorized by this legislation may be for her excellent work on this and per- As you heard from Mr. PALLONE, the ceiving where there was a need and helpful for veterans with other health bill will help our brave men and women how that need could be met. care experience. That’s why this legis- who serve as medics in Afghanistan There are plenty of studies out there, lation also requires the GAO to con- and Iraq to transition into EMT jobs and there’s also a lot of anecdotal evi- duct a study to understand the barriers when they return. The act authorizes dence that there are really severe experienced by returning vets with grants for States that have a shortage shortages across our health workforce, medic experience from becoming civil- of EMTs to create a fast-track program and this is an area to which I brought ian health care professionals. GAO will for vets who received and completed particular attention, looking at where make recommendations to Congress military emergency medical training these shortages are, in trying to think whether it makes sense to expand this to become emergency responders. The not just how we look at the traditional program to other health care profes- funds authorized in this bill can be pipelines to bring people into these po- sions. used to provide coursework and train- I would like to thank in particular of ing, and reimbursement for the cost of sitions, but how we think outside of course Representative HARMAN and coursework, and any certification fees. the box at some of the nontraditional Representative SARBANES, both from Obviously, the bill is a win-win for sources where we can find the expertise our Energy and Commerce Committee, the country and our vets. Its passage and the experience to bring that for their dedication to and leadership will enhance the surge capacities of through the pipeline and to fill these on this important issue. local medical facilities and provide shortages. I urge my colleagues to support the jobs for our vets, especially during this H.R. 3199 proposes a very innovative bill. critical economic downturn. way to meet the needs that we have I reserve the balance of my time. It is worth noting that the unem- across the country for emergency med- Mr. WHITFIELD. Mr. Speaker, I rise ployment rate last year for Iraq and ical technicians. It recognizes that today also in support of H.R. 3199, the Afghanistan veterans 18 to 24 years old military medics who are returning Emergency Medic Transition Act. was 21.1 percent. Let me repeat that. have acquired very valuable experience This legislation would provide grants Our returning vets’ unemployment rate during their service, which positions to States with a shortage of EMTs to was 21.1 percent unemployment, which them extremely well to meet those assist veterans who have completed is significantly higher than the 16.6 needs and to fill those positions. military emergency training and assist percent rate for nonveterans of the It also recognizes that there’s obsta- them in becoming State-licensed or same age. cles, that there’s significant costs certified EMTs. Presently, military medics who wish sometimes associated with the training Through their service in the Armed to become first responders must restart that goes with certification, that it can Forces, these veterans have received their training from scratch, fulfilling be difficult in terms of getting that some of the best emergency response the same entry level criteria as people done in a timely fashion. What this bill training available. Our Nation is cur- with no prior training or experience. does is address those issues. It would rently blessed with thousands of men These duplicative efforts waste time, award grants to States to begin to and women who, through their honor- money, and talent. At the same time, streamline the licensing process, pro- able service in Iraq and Afghanistan many hospitals and emergency medical vide some resources to assist with the and around the world, are equipped services throughout the country oper- costs of training, and do other things with unmatched credentials and vast ate at or near capacity, and a terrorist to basically expedite this process of practical experience. attack or natural disaster would result getting these experienced people into We have heard of stories from around in a surge of patients that would over- these jobs where we need them. the country of there being a shortage whelm medical facilities. Correcting It makes a lot of common sense. I of EMTs and about the training and li- this requires having the largest pos- think that’s why it’s garnered bipar- censing barriers returning veterans sible pool of experienced medical per- tisan support, and I certainly urge my face when they transition to the civil- sonnel on hand. colleagues to support it. ian workforce. If the Federal Govern- With military medics’ recent experi- Mr. PALLONE. Mr. Speaker, I yield ment has provided training in emer- ence administering trauma care in Af- such time as she may consume to the

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6841 gentlewoman from South Dakota, Con- As I have noted, any number of bills What better way of using the great gresswoman HERSETH SANDLIN. from the Energy and Commerce com- talent that we have. The men and Ms. HERSETH SANDLIN. I thank mittee have been very constructive. women who were willing to offer their the chairman, the gentleman from New I thank the manager from our friends lives on the battlefield now can come Jersey, for yielding. on the other side of the aisle, and I home and serve their fellow Americans Mr. Speaker, I rise today in strong thank in particular Representative in one of the highest professions we support of H.R. 3199, the Emergency HARMAN and the collaborative effort have and that is the health care profes- Medic Transition Act of 2010. This is a between Energy and Commerce and, as sion, where you can say that no matter collaborative effort, and I would like to well, Veterans’ Affairs. where you are, you have the ability to thank Representatives HARMAN, BEAN, This bill, modest in funding—and I save lives. SARBANES and so many others for their would like to emphasize that before I I ask my colleagues to support en- collaborative partnership on drafting even speak about its importance—mod- thusiastically H.R. 3199. the bill. est in funding, $5 million per year be- Mr. BUYER. Mr. Speaker, I rise today in I also want to thank Representative tween 2011, I believe, and 2015, takes an support of H.R. 3199 the ‘‘Emergency Medic STEVE BUYER with whom I have worked important step toward the value that Transition (EMT) Act.’’ This bill, introduced by closely on the Veterans’ Affairs Com- we place on our service men and Congresswoman HARMAN, was originally in- mittee. Representative BUYER offered women. One, we thank them while they cluded as an amendment to the House some commonsense suggestions as the are serving, and we have made a com- passed version of the Health Reform bill. Con- ranking member of our full committee mitment to thank them when their gresswoman HARMAN, at my request, kindly on how to improve H.R. 3199. He is also service is finished. withdrew the amendment so we could properly a member of the House Energy and My State happens to be unique in vet this with our VA Committee professional Commerce Committee, and he helped having the highest percentage of re- staff. I want to thank Congresswoman HARMAN make the final product a better piece turning soldiers, in particular from for allowing my staff to review the bill and con- of legislation. Iraq and Afghanistan, in the State of tribute suggestions. I am pleased to announce This bill takes important steps to Texas. In addition, many of you are my full support of this legislation to help vet- improve the ability of veterans to aware of many of the bases in our erans and states alike. translate their military experience State, but, as well, you are aware of By funding this HHS program that will award into the civilian workforce, specifically the horrific tragedy that occurred at grants to state entities with jurisdiction over working to help veterans with military Fort Hood just a few months ago and, emergency medical personnel training and li- medical experience to become civilian of course, coming up on its first-year censing, states will be provided the resources emergency medical technicians. The recognition. for our veterans to receive the EMT training legislation creates a grant program In that instance, many were lost, but and certification they need, help fill state short- that will assist individual States in the some were injured; and the idea of ages in emergency medical technicians, and creation of a fast-track EMT certifi- using soldiers who have been trained avoid duplicative training courses and costs. cation process that takes into account by the military to return home for first Further, the included GAO study will help Con- the experience a veteran gained while responder utilization is a brilliant idea gress assess the program’s effectiveness serving in the military. and one that is long in coming. It is going forward. Recent estimates from the United well known that veterans do have a Licensing and certification of returning vet- States Bureau of Labor Statistics sug- higher unemployment in the general erans for civilian jobs for skills that they have gests that veterans between the ages of population in many instances. been trained and are well-experienced in from 18 and 24 had an unemployment rate of But also, Mr. Speaker, we know that their military service has been a long standing 21.6 percent in 2009. This is a terribly many of our veterans, because of a point of frustration and a barrier to many re- troubling number and the Veterans’ Af- number of serious issues, find them- turning veterans finding meaningful employ- fairs Economic Opportunity Sub- selves homeless. Where is our contin- ment in a timely manner. Recent reports from committee, which I have the honor of ued promise about treating them with the Bureau of Labor Statistics show that the chairing, has held a series of hearings the same respect and dignity that we unemployment rate among our newest cohort during the 111th Congress on a variety have done so while they were in the of veterans is at an alarming rate of 19.3% for of issues related to veterans employ- service and then when they are out? the month of August. It is my hope that H.R. ment. So this particular legislation, H.R. 3199 will alleviate a portion of this problem These hearings have shown that one 3199, does two things that I think are and help our combat medics get their EMT li- of the critical barriers facing newly enormously important, takes advan- censes with as little bureaucratic red tape as separated veterans trying to enter the tage of the important talent that is possible. workforce is the challenge of trans- coming home, that wonderful training Lastly, in order for this bill to meet its full in- lating their military experience to the that saves lives on the battlefield to tent and potential, it is critical for the Gov- civilian market. So I am pleased that use in America’s emergency rooms. ernors of our states to swiftly create consistent the legislation the House is considering Then I was so delighted to be able to licensing standards necessary to fill EMT today not only increases access to hear that as we move to have this mas- shortages and put veterans to work. I look for- health care, but does so by increasing sive and important change in medical ward to working with the states to accomplish employment opportunities for veterans reform, health care reform that is this goal. and allows them to use their skills going to save lives—particularly, I Mr. PALLONE. Mr. Speaker, I urge gained in service to our country to think, tomorrow will be a number of passage of the bill, and I yield back the serve their local communities in civil- new provisions coming out in the balance of my time. ian life. health care bill—now we have the abil- The SPEAKER pro tempore. The H.R. 3199 also requires an assessment ity to assess the training of these very question is on the motion offered by of whether this new program should be fine men and women to serve in Amer- the gentleman from New Jersey (Mr. expanded to help veterans with medical ica’s medical professions. This is key. PALLONE) that the House suspend the training to obtain certification in It’s a great partnership. rules and pass the bill, H.R. 3199, as other health professions. I thank the author of the bill. I rise amended. I urge all of my colleagues on both to support it. I am loudly saying to The question was taken. sides of the aisle to support this impor- those who are returning home to Texas The SPEAKER pro tempore. In the tant legislation. and other States around the Nation opinion of the Chair, two-thirds being Mr. PALLONE. Mr. Speaker, I yield that we now have an opportunity to in the affirmative, the ayes have it. such time as she may consume to the use your great talents to save lives, to Mr. BROUN of Georgia. Mr. Speaker, gentlewoman from Texas, Ms. SHEILA be in America’s hospitals, to be in fire on that I demand the yeas and nays. JACKSON LEE. stations, to assist police officers and to The yeas and nays were ordered. Ms. JACKSON LEE of Texas. I thank be there when danger and disaster The SPEAKER pro tempore. Pursu- the chairman very much for presiding comes to face Americans on the home ant to clause 8 of rule XX and the over this very important legislation. soil. Chair’s prior announcement, further

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6842 CONGRESSIONAL RECORD — HOUSE September 22, 2010 proceedings on this motion will be ‘‘(F) provide for any other activities, pro- mortality. According to the Centers for postponed. grams, or strategies as identified by the commu- Disease Control and Prevention, the nity plan. f U.S. infant mortality rate is about 50 ‘‘(5) LIMITATION.—Of the funds received percent higher than the national goal b 1640 through a grant under this subsection for a fis- of 4.5 infant deaths for per 1,000 births. cal year, an eligible entity shall not use more As of 2005, the United States ranked NATIONALLY ENHANCING THE than 10 percent for program evaluation. ‘‘(6) REPORTS ON PILOT PROGRAMS.— 30th in the world in infant mortality. WELLBEING OF BABIES The pilot program authorized in this THROUGH OUTREACH AND RE- ‘‘(A) IN GENERAL.—Not later than 1 year after receiving a grant, and annually thereafter for legislation would give grants to eligi- SEARCH NOW ACT the duration of the grant period, each entity ble entities to fight infant mortality in Mr. PALLONE. Mr. Speaker, I move that receives a grant under paragraph (1) shall the most impacted areas. to suspend the rules and pass the bill submit a report to the Secretary detailing its in- I want to thank Representative (H.R. 3470) to authorize funding for the fant mortality pilot program. COHEN, the sponsor of the NEWBORN ‘‘(B) CONTENTS OF REPORT.—The reports re- creation and implementation of infant Act, as it is called, for his deep com- quired under subparagraph (A) shall include in- mitment to and tireless leadership on mortality pilot programs in standard formation such as the methodology of, and out- metropolitan statistical areas with comes and statistics from, the grantee’s infant this very important issue. I would also high rates of infant mortality, and for mortality pilot program. like to thank Ranking Member BARTON other purposes, as amended. ‘‘(C) EVALUATION.—The Secretary shall use and Ranking Member SHIMKUS and The Clerk read the title of the bill. the reports required under subparagraph (A) to their staffs for working in a bipartisan The text of the bill is as follows: evaluate, and conduct statistical research on, manner to help get this legislation to infant mortality pilot programs funded through H.R. 3470 the House floor. this subsection. I reserve the balance of my time. Be it enacted by the Senate and House of Rep- ‘‘(7) DEFINITIONS.—For the purposes of this Mr. WHITFIELD. Mr. Speaker, I resentatives of the United States of America in subsection: yield myself such time as I may con- Congress assembled, ‘‘(A) ADMINISTRATOR.—The term ‘Adminis- sume. SECTION 1. SHORT TITLE. trator’ means the Administrator of the Health There has been a lot of debate in the This Act may be cited as the ‘‘Nationally En- Resources and Services Administration. United States about infant mortality. ‘‘(B) ELIGIBLE ENTITY.—The term ‘eligible en- hancing the Wellbeing of Babies through Out- And when we hear that the U.S. ranks reach and Research Now Act’’ or the ‘‘NEW- tity’ means a State, county, city, territorial, or BORN Act’’. tribal health department that has submitted a 30th in the world, it certainly bothers proposal to the Secretary that the Secretary all of us. SEC. 2. INFANT MORTALITY PILOT PROGRAMS. I do think it is important that we Section 330H of the Public Health Service Act deems likely to reduce infant mortality rates (42 U.S.C. 254c–8) is amended— within the standard metropolitan statistical also recognize, just for informational (1) by redesignating subsection (e) as sub- area involved. purposes, that not every country in the section (f); ‘‘(C) TRIBAL.—The term ‘tribal’ refers to an world uses the same method to deter- (2) by inserting after subsection (d) the fol- Indian tribe, a Tribal organization, or an Urban mine infant mortality. For example, in lowing: Indian organization, as such terms are defined the United States, all live births at any in section 4 of the Indian Health Care Improve- ‘‘(e) INFANT MORTALITY PILOT PROGRAMS.— birthweight or gestational age must be ‘‘(1) IN GENERAL.—The Secretary, acting ment Act.’’; and (3) by amending subsection (f), as so redesig- reported. In France, for example, only through the Administrator, shall award grants live births of at least 22 weeks of gesta- to eligible entities to create, implement, and nated— (A) in paragraph (1)— tion or weighing at least 500 grams oversee infant mortality pilot programs. must be reported. So some of these ‘‘(2) PERIOD OF A GRANT.—The period of a (i) by amending the paragraph heading to grant under this subsection shall be 5 consecu- read: ‘‘HEALTHY START INITIATIVE’’; and countries use different reporting facts tive fiscal years. (ii) by inserting after ‘‘carrying out this sec- to determine their mortality rates. ‘‘(3) PREFERENCE.—In awarding grants under tion’’ the following: ‘‘(other than subsection There is no question that certain this subsection, the Secretary shall give pref- (e))’’; communities in the United States have erence to eligible entities proposing to serve any (B) by redesignating paragraph (2) as para- infant mortality rates that are persist- of the 15 counties or groups of counties with the graph (3); ently high. And this legislation author- highest rates of infant mortality in the United (C) by inserting after paragraph (1) the fol- izes HHS to award grants for pilot lowing: States in the past 3 years. projects to reduce infant mortality in ‘‘(2) INFANT MORTALITY PILOT PROGRAMS.—To ‘‘(4) USE OF FUNDS.—Any infant mortality the communities with the highest in- pilot program funded under this subsection carry out subsection (e), there is authorized to be appropriated $10,000,000 for each of fiscal fant mortality rates and would require may— these projects be evaluated to ensure ‘‘(A) include the development of a plan that years 2011 through 2015.’’; and identifies the individual needs of each commu- (D) in paragraph (3)(A), as so redesignated, we are on the right track to reducing nity to be served and strategies to address those by striking ‘‘the program under this section’’ infant mortality rates in those areas needs; and inserting ‘‘the program under subsection and in the United States. ‘‘(B) provide outreach to at-risk mothers (a)’’. I want to thank Congressman COHEN through programs deemed appropriate by the The SPEAKER pro tempore. Pursu- for his leadership on this issue as well Administrator; ant to the rule, the gentleman from as Congressmen PALLONE and SHIMKUS. ‘‘(C) develop and implement standardized sys- New Jersey (Mr. PALLONE) and the gen- I reserve the balance of my time. tems for improved access, utilization, and qual- tleman from Kentucky (Mr. WHITFIELD) Mr. PALLONE. Mr. Speaker, I yield ity of social, educational, and clinical services each will control 20 minutes. such time as he may consume to the to promote healthy pregnancies, full-term births, sponsor of the bill, Representative and healthy infancies delivered to women and The Chair recognizes the gentleman from New Jersey. COHEN of Tennessee. their infants, such as— Mr. COHEN. I want to thank Mr. ‘‘(i) counseling on infant care, feeding, and GENERAL LEAVE PALLONE for the time, and I want to parenting; Mr. PALLONE. Mr. Speaker, I ask ‘‘(ii) postpartum care; thank Mr. PALLONE, Mr. ANDREWS, and unanimous consent that all Members Chairman WAXMAN for their help in ‘‘(iii) prevention of premature delivery; and may have 5 legislative days in which to ‘‘(iv) additional counseling for at-risk moth- getting this particular proposal to the ers, including smoking cessation programs, drug revise and extend their remarks and in- floor; and the minority side as well, treatment programs, alcohol treatment pro- clude extraneous material in the Mr. WHITFIELD, my friend, Mr. grams, nutrition and physical activity programs, RECORD. SHIMKUS, and everyone who has worked postpartum depression and domestic violence The SPEAKER pro tempore. Is there on this. programs, social and psychological services, objection to the request of the gen- Mr. Speaker, this is a particularly dental care, and parenting programs; tleman from New Jersey? important bill to me, and it’s an impor- ‘‘(D) establish a rural outreach program to There was no objection. tant bill to my district. September is provide care to at-risk mothers in rural areas; Mr. PALLONE. Mr. Speaker, I yield ‘‘(E) establish a regional public education Infant Mortality Awareness Month, campaign, including a campaign to— myself such time as I may consume. and it’s appropriate that this month ‘‘(i) prevent preterm births; and Mr. Speaker, this bill authorizes a this bill will be brought up for consid- ‘‘(ii) educate the public about infant mor- pilot program to address a serious pub- eration, the NEWBORN Act. ‘‘NEW- tality; and lic health problem, and that is infant BORN’’ is an acronym. Everything in

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6843 Washington seems to be an acronym, wasn’t a conference committee, and b 1650 and this acronym, ‘‘NEWBORN,’’ this part of the health care bill wasn’t Mr. WHITFIELD. Mr. Speaker, I urge stands for ‘‘Nationally Enhancing the included because the Senate didn’t all Members to support this legislation, Wellbeing of Babies through Outreach have it, and reconciliation didn’t allow and I thank the gentleman from Ten- and Research Now.’’ consideration of proposals like this nessee (Mr. COHEN) and others who It is so important that we give chil- that didn’t add to or decrease from the worked hard on this legislation. dren an opportunity to live and moth- budget. This was an authorization. So I yield back the balance of my time. ers and fathers an opportunity to see it didn’t make it through the final Mr. PALLONE. Mr. Speaker, I urge their children born and have a chance. phase because of what happened in that the bill pass, and I yield back the My parents lost a child at about 4 Massachusetts, and that hurt us in balance of my time. months of age in 1946. They never got what could be an important step for- The SPEAKER pro tempore. The over it. There are so many people who ward for mothers and children. question is on the motion offered by have lost children, and it is something We hope that the bill will pass here the gentleman from New Jersey (Mr. that stays with you forever. today and that the Senate will pick it PALLONE) that the House suspend the In my particular city of Memphis— up. We hope Senator MIKULSKI or Sen- rules and pass the bill, H.R. 3470, as while we talked about the United ator DODD or somebody will help us amended. States’ rate, we know it is too high no with it, or Senator HARKIN, and see The question was taken. matter what it is and how you keep that it gets through the Senate and the The SPEAKER pro tempore. In the statistics—the city of Memphis has one authorization is approved. opinion of the Chair, two-thirds being of the highest infant mortality rates in It will authorize the Secretary of the in the affirmative, the ayes have it. the Nation. It is said to be second by Department of Health and Human Mr. PALLONE. Mr. Speaker, on that the CDC among the 60 largest urban Services to award 5-year-long grants to I demand the yeas and nays. areas in the year 2002. In one particular 15 municipalities or States to create The yeas and nays were ordered. The SPEAKER pro tempore. Pursu- ZIP code in my district, 38108, in the infant mortality pilot programs. The ant to clause 8 of rule XX and the year 2007—it’s in north Memphis, a pre- legislation sets forth guidelines on Chair’s prior announcement, further dominately low-income African Amer- what practices the pilot programs may proceedings on this motion will be ican neighborhood. I say predomi- employ in their quest to lower the in- postponed. nately; it’s an entirely low-income Af- fant mortality rate of the area they rican American neighborhood—had an serve, and those include outreach to at- f infant mortality rate of 31 deaths per risk mothers, increased access to edu- TRAINING AND RESEARCH FOR 1,000 live births. That is almost five cational clinic services for pregnant AUTISM IMPROVEMENTS NA- times the Nation’s 2007 rate of seven women or potential mothers and fami- TIONWIDE ACT OF 2010 deaths per 1,000 live births. And that lies. The language suggests each program Mr. PALLONE. Mr. Speaker, I move ranks 38108 as worse than the devel- to suspend the rules and pass the bill oping nations of Iran, Indonesia, Nica- provide infant care counseling, postpartum care, additional care for (H.R. 5756) to amend title I of the De- ragua, El Salvador, Syria, and Vietnam at-risk mothers, a rural outreach pro- velopmental Disabilities Assistance in infant mortality for that year. and Bill of Rights Act of 2000 to provide It’s an issue that can strike people of gram, and a public education program. All of these can save money in the for grants and technical assistance to any race, but it is divided largely along long run in health care because some of improve services rendered to children racial lines, and there’s a great racial the most expensive treatment rendered and adults with autism, and their fami- disparity. The Office of Minority is for premature babies, and care in lies, and to expand the number of Uni- Health at the CDC has found that Afri- these particular ages of life can be very versity Centers for Excellence in De- can Americans have 2.4 times the in- expensive. And if we can have better velopmental Disabilities Education, fant mortality rate than whites, that prenatal care and less problems, not Research, and Service, as amended. African Americans are four times as only is it the right thing to do in every The Clerk read the title of the bill. likely to die as infants due to com- way possible, but it also saves money. The text of the bill is as follows: plications related to low birthweight It is my hope that those entities who H.R. 5756 when compared to white infants. The apply for this funding will do so in con- Be it enacted by the Senate and House of Rep- CDC study found that African Amer- junction with existing local, private, resentatives of the United States of America in ican mothers were 2.5 times more like- and not-for-profit groups that have al- Congress assembled, ly than white mothers to begin pre- ready involved themselves in the fight SECTION 1. SHORT TITLE. natal care in their third trimester or This Act may be cited as the ‘‘Training against infant mortality. And there are and Research for Autism Improvements Na- not receive prenatal care at all. That’s several in Memphis that have done where a lot of research and outreach tionwide Act of 2010’’ or the ‘‘TRAIN Act of that. Our Governor, Phil Bredesen, and 2010’’. can be done, particularly the outreach. our city mayor and county mayor, A C SEC. 2. UNIVERSITY CENTERS FOR EXCELLENCE That is why the NEWBORN bill is so Wharton, have headed up programs in INITIATIVES ON AUTISM SPECTRUM needed, and that is why our office de- our community, and our county mayor, DISORDERS. cided to make this our top priority. Mark Luttrell, is continuing them. (a) IN GENERAL.—Subtitle D of title I of the My chief of staff, Marilyn Dilihay; The cultivation of partnerships be- Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15061 et my district director, Randy Wade; and tween local leaders is essential in order our whole team met in Memphis. Brit- seq.) is amended— to ensure the problem is addressed in (1) by inserting before section 151 the fol- tany Johnson, who is my legislative di- as efficient a manner as possible. lowing: rector in the area of health care, and I introduced the NEWBORN Act be- ‘‘PART 1—GENERAL GRANT PROGRAMS my legislative director, Reisha Phills, cause of the number of devastating in- FOR UNIVERSITY CENTERS FOR EXCEL- the whole office worked on the issue stances of infant mortality in Mem- LENCE’’ and we brought it as a bill. But we also phis, but I hope its passage and even- ; and had it included in the health care bill tual enactment will help the incalcu- (2) by adding at the end the following: that passed this House. And it was fea- lable number of people across the coun- ‘‘PART 2—UNIVERSITY CENTERS FOR EX- tured in the Speaker’s bullet points try who are possibly at risk to lose a CELLENCE INITIATIVES ON AUTISM about what it could possibly do for in- child or grandchild in the years to SPECTRUM DISORDERS fant mortality. This would be the larg- come. ‘‘SEC. 157. AUTISM SPECTRUM DISORDERS INITIA- est outreach program the Federal Gov- Again, I thank Mr. PALLONE and the TIVE GRANTS AND TECHNICAL AS- ernment has ever engaged in. It’s an other Members, particularly Mr. WAX- SISTANCE. ‘‘(a) GRANTS.— authorization to find answers for the MAN, for their help in getting this bill ‘‘(1) IN GENERAL.—The Secretary shall problem of infant mortality. to the floor, and I hope that we will award multiyear grants for the purpose de- Of course, because of the situation of have the help in the Senate that the scribed in paragraph (2) to University Cen- the politics in the Senate and because mothers, children, and grandchildren ters for Excellence in Developmental Dis- we had to go to reconciliation, there in this Nation deserve. abilities Education, Research, and Service

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6844 CONGRESSIONAL RECORD — HOUSE September 22, 2010 that are funded under part 1 and engaged in a national organization with demonstrated ‘‘SEC. 159. DEFINITIONS. the core functions described in section capacity for providing training and technical ‘‘In this part: 153(a)(2). assistance to— ‘‘(1) The term ‘interventions’ means edu- ‘‘(2) PURPOSE.—The purpose described in ‘‘(1) assist in national dissemination of spe- cational methods and positive behavioral this paragraph is to provide individuals with cific information, including evidence-based support strategies designed to improve or interdisciplinary training, continuing edu- best practices, from interdisciplinary train- ameliorate symptoms associated with au- cation, technical assistance, and information ing programs, and when appropriate, other tism spectrum disorder. for the purpose of improving services ren- entities whose findings would inform the ‘‘(2) The term ‘minority institution’ has dered to children and adults on the autism work performed by University Centers for the meaning given to such term in section spectrum, and their families, to address Excellence in Developmental Disabilities 365 of the Higher Education Act of 1965. unmet needs related to autism spectrum dis- Education, Research, and Service awarded ‘‘(3) The term ‘services’ means services to order. For purposes of the previous sentence, grants under this section; assist individuals on the autism spectrum to individuals shall include children and adults ‘‘(2) compile and disseminate strategies live more independently in their commu- on the autism spectrum, families of such and materials that prove to be effective in nities. children and adults, health professionals (in- the provision of training and technical as- ‘‘(4) The term ‘treatments’ means health cluding allied health professionals), and vo- sistance so that the entire network can ben- services, including mental health services, cational training and educational profes- efit from the models, materials, and prac- designed to improve or ameliorate symptoms sionals. tices developed in individual centers; associated with autism spectrum disorder.’’. ‘‘(3) APPLICATION REQUIREMENTS.—A Uni- ‘‘(3) assist in the coordination of activities (b) CONFORMING AMENDMENTS.—(1) Such versity Center for Excellence in Develop- of grantees under this section; subtitle is further amended— mental Disabilities Education, Research, and ‘‘(4) develop a (or enhance an existing) Web (A) in section 152(a)(1), by striking ‘‘sub- Service that desires to receive a grant under portal that will provide linkages to each of title’’ and inserting ‘‘part’’; this section shall submit to the Secretary an the individual training initiatives and pro- (B) in section 153(a)(2)(D), by striking ‘‘sub- application— vide access to training modules, promising title’’ and inserting ‘‘part’’; ‘‘(A) demonstrating that the Center has ca- training, and technical assistance practices (C) in each of subparagraphs (B) and (D) of pacity to— and other materials developed by grantees; section 154(a)(3), by striking ‘‘subtitle’’ and ‘‘(i) provide training and technical assist- ‘‘(5) serve as a research-based resource for inserting ‘‘part’’; ance in evidence-based practices to evaluate, Federal and State policymakers on informa- (D) in each of paragraphs (1) and (3) of sec- and provide effective interventions, services, tion concerning the provision of training and tion 154(d), by striking ‘‘subtitle’’ and insert- treatments, and supports to, children and technical assistance for the assessment, and ing ‘‘part’’; and adults on the autism spectrum and their provision of supports and services for, chil- (E) in each of subsections (a)(1) and (b) of families; dren and adults on the autism spectrum; section 156, by striking ‘‘subtitle’’ and in- ‘‘(ii) provide individuals on the autism ‘‘(6) convene experts from multiple inter- serting ‘‘part’’. spectrum, and the families of such individ- disciplinary training programs, individuals (2) The table of contents in section 1(b) of uals, opportunities to advise and direct ac- on the autism spectrum, and the families of the Developmental Disabilities Assistance tivities under the grant to ensure that an in- such individuals to discuss and make rec- and Bill of Rights Act of 2000 is amended— dividual-centered, and family-centered, ap- ommendations with regard to training issues (A) by inserting before the item relating to proach is used; related to assessment, interventions, serv- section 151 the following: ‘‘(iii) share and disseminate materials and ices, treatment, and supports for children ‘‘PART 1—GENERAL GRANT PROGRAMS FOR practices that are developed for, and evalu- and adults on the autism spectrum; and UNIVERSITY CENTERS FOR EXCELLENCE’’ ated to be effective in, the provision of train- ‘‘(7) undertake any other functions that ing and technical assistance; and ; and the Secretary determines to be appropriate. ‘‘(iv) provide training, technical assist- (B) by inserting at the end of the items re- ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— lating to subtitle D of title I the following: ance, interventions, services, treatments, To carry out this section, there are author- and supports under this section statewide; ized to be appropriated $17,000,000 for each of ‘‘PART 2—UNIVERSITY CENTERS FOR EXCEL- ‘‘(B) providing assurances that the Center the fiscal years 2012 through 2016. LENCE INITIATIVES ON AUTISM SPECTRUM will— DISORDERS ‘‘SEC. 158. CAPACITY BUILDING GRANTS. ‘‘(i) provide trainees under this section ‘‘(a) GRANTS.—The Secretary shall award ‘‘Sec. 157. Autism spectrum disorders initia- with an appropriate balance of interdiscipli- multiyear grants to not more than 4 Univer- tive grants and technical as- nary didactic and community-based experi- sity Centers for Excellence in Developmental sistance. ences; and Disabilities Education, Research, and Serv- ‘‘Sec. 158. Capacity building grants. ‘‘(ii) provide to the Secretary, in the man- ice described in paragraph (1) of section ‘‘Sec. 159. Definitions.’’. ner prescribed by the Secretary, data regard- 157(a) to— The SPEAKER pro tempore. Pursu- ing the number of individuals who have bene- ‘‘(1) collaborate with minority institutions ant to the rule, the gentleman from fitted from, and outcomes of, the provision to— New Jersey (Mr. PALLONE) and the gen- of training and technical assistance under ‘‘(A) provide services described in such sec- this section; tleman from Kentucky (Mr. WHITFIELD) tion to individuals on the autism spectrum each will control 20 minutes. ‘‘(C) providing assurances that training, who are from racial and ethnic minority pop- technical assistance, dissemination of infor- ulations and to their families; and The Chair recognizes the gentleman mation, and services under this section ‘‘(B) conduct research and education fo- from New Jersey. will— cused on racial and ethnic minority popu- GENERAL LEAVE ‘‘(i) be consistent with the goals of this lations; and Mr. PALLONE. Mr. Speaker, I ask Act, the Americans with Disabilities Act of ‘‘(2) build capacity within such institutions unanimous consent that all Members 1990, the Individuals with Disabilities Edu- to enable such institutions to apply to be- may have 5 legislative days in which to cation Act, and the Elementary and Sec- come University Centers for Excellence in ondary Education Act of 1965; revise and extend their remarks and in- Developmental Disabilities Education, Re- clude extraneous material in the ‘‘(ii) supplement, and not supplant, activi- search, and Service capable of providing such ties funded under this subtitle (other than services, research, and education. RECORD. this section); ‘‘(b) APPLICABLE PROVISIONS.—The provi- The SPEAKER pro tempore. Is there ‘‘(iii) be planned and designed with the par- sions of paragraphs (2) and (3) of section objection to the request of the gen- ticipation of individuals on the autism spec- 157(a) shall apply with respect to grants tleman from New Jersey? trum and the families of such individuals; under this section to the same extent and in There was no objection. and the same manner as such provisions apply Mr. PALLONE. Mr. Speaker, I yield ‘‘(iv) be conducted in coordination with with respect to grants under section 157. myself such time as I may consume. relevant State agencies, institutions of high- ‘‘(c) PRIORITIZATION.—In awarding grants Mr. Speaker, I rise today in strong er education, and service providers; and under this section, the Secretary shall give ‘‘(D) containing such other information priority to applicants that demonstrate col- support of H.R. 5756, the Training and and assurances as the Secretary may re- laboration with minority institutions that— Research for Autism Improvements Na- quire. ‘‘(1) have demonstrated capacity to meet tionwide Act of 2010, or the TRAIN Act, ‘‘(4) AMOUNT OF GRANTS.—The amount of a the requirements of this section and provide as it is called. grant to a University Center for Excellence services to individuals on the autism spec- The TRAIN Act builds upon the im- in Developmental Disabilities Education, Re- trum and their families; or portant work of University Centers for search, and Service for a fiscal year under ‘‘(2) are located in a State with one or Excellence in Developmental Disabil- this section shall be not less than $250,000. more underserved populations. ities Education, Research, and Service, ‘‘(b) TECHNICAL ASSISTANCE.—The Sec- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— retary may reserve not more than 2 percent To carry out this section, there is authorized or the acronym UCEDD, in addressing of the amount appropriated to carry out this to be appropriated $1,000,000 for each of the the needs of individuals with develop- section for a fiscal year to make a grant to fiscal years 2012 through 2016. mental disabilities.

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6845 H.R. 5756 authorizes targeted grants tisan issue, and I especially want to 1.5 million individuals living with au- to support interdisciplinary training, thank my good friend and colleague tism every day. The legislation author- continuing education, and technical as- MIKE DOYLE. We are co-chairs of the izes grants to existing University Cen- sistance for children and adults on the Autism Caucus. It shows that biparti- ters for Excellence in Developmental autism spectrum, as well as their fami- sanship still survives. And for a tre- Disabilities Education, Research, and lies. The Centers for Disease Control mendous cause, a good cause like com- Service, or comparable entities, to pro- and Prevention has stated that autism bating autism, it is great to join him in vide individuals, including parents, vo- spectrum disorders are an urgent pub- sponsoring this bill. He is the prime cational, educational, and health pro- lic health concern. Autism affects an sponsor, and I am the principal cospon- fessionals, with interdisciplinary train- estimated 1 in 110 children nationwide, sor. ing, continuing education, technical and there are currently no cures for au- I believe it is accurate to say that assistance, and information for the tism. However, research shows that the provisions of this bill are not only purpose of improving services to chil- early intervention services can greatly important but essential in providing dren and adults with autism in their improve the development of children tangible assistance to those with au- families. with autism. H.R. 5756 also seeks to tism spectrum disorder and their fami- The bill also provides for the estab- promote the expansion of the UCEDD lies. Implementation of the TRAIN Act lishment of up to four new university network to include minority-serving will significantly expand the ranks of centers for developmental disabilities, institutions. This parallels a 2009 effort qualified service providers, who are giving priority to minority institutions to support partnerships between the equipped with the knowledge and tools or institutions that would serve cur- existing UCEDDs and minority-serving of state-of-the-science, evidence-based rently underserved populations. institutions for all forms of develop- educational, medical, and social inter- Another important provision is the ment disabilities. ventions. selection of a nationwide organization UCEDDs play a critical role in pro- Personally, Mr. Speaker, I became to disseminate nationally evidence- viding a range of training activities involved in autism as far back as 1982 based best practices and other models, and services, and in building capacity when I first visited Eden Institute in materials, and practices developed by within communities. Experts and advo- Princeton. Coincidentally, Eden is the university centers, or from other cates have called for increased funding breaking ground tomorrow on a new, sources, including development of a to ensure that these centers can con- uniquely designed autism school de- Web portal. People need to know the tinue their important work and meet signed by Eden teachers who have uti- information because there is often a the needs of people with developmental lized three decades of knowledge and conflict about autism. disabilities, particularly those with au- best practices in teaching individuals I urge Members to support this legis- tism. with autism to reach their full poten- lation. It is an excellent bill. It will It is also important not to lose sight tial. Huge gaps in the Federal response help those who are afflicted. of people from diverse backgrounds to autism came into sharp focus back Mr. PALLONE. Mr. Speaker, I now who oftentimes face greater challenges in 1998 when I was visited by Bobbie yield such time as he may consume to than others with autism in accessing and Billie Gallagher, the parents of two the sponsor of the bill, the gentleman services. daughters with autism from my dis- from Pennsylvania (Mr. DOYLE). Mr. Speaker, I am pleased that we trict who told me of their concern Mr. DOYLE. Mr. Speaker, first I have an opportunity today to consider about a perceived explosion in the want to thank Chairman WAXMAN, a bill that both supports the efforts of prevalence of autism in Brick Town- Chairman PALLONE, Ranking Member UCEDDs and works to ensure that we ship. Rosemarie and Geoff Dubrowsky, JOE BARTON and Representative do all that we can for people with and whose son Daniel was diagnosed with SHIMKUS, and my good friend and col- directly affected by autism. autism as well in 1997, are another cou- league, CHRIS SMITH, who for so many I want to mention that Representa- ple who told me of the realities of au- years has joined with me as we tried to tive DOYLE has been a tireless advocate tism, and they were very concerned work on behalf of families who are for autism issues. He is the bill’s spon- about this perceived spike. dealing with this every day of their sor, and he current chairs the Congres- I would note that at the time, Cen- lives. sional Autism Caucus, along with ters for Disease Control spent a paltry b 1700 CHRIS SMITH from my State, who I see $287,000 per year, straight line, 1995, on the floor, and I want to commend 1996, 1997, and 1998. That doesn’t even You know, as many of you know, au- Representative DOYLE for his work on buy a desk, it is so little. Now we are tism has been the primary focus of my this bill and for his leadership on this up to $22 million. time here in Congress. Even though issue. After meeting with these families there is still much we don’t know, in If I could add, personally, during the and others, we initiated an investiga- just the time that I’ve been here, we August recess, I met on one occasion tion led by the CDC, and they con- have seen light years’ worth of im- with a large group of families of chil- firmed that cases of autism were sig- proved understanding of the condition. dren with autism, and I was amazed at nificantly higher than expected in One of the most important things we how few services are available. Obvi- Brick. But the evidence gathered indi- have learned is that early intervention ously anything like this that makes a cated a larger, potentially nationwide works. That’s why I have always appre- difference for them and other children prevalence problem. I then introduced ciated that Chairman WAXMAN and with autism and their families is really a bill which was accepted by Chairman Chairman PALLONE have worked with significant. I also want to recognize Mike Bilirakis as Title I of the Chil- me during health care reform in mak- and thank Ranking Member SHIMKUS dren’s Health Act mandating increased ing sure that plans in the exchange and Ranking Member BARTON for work- surveillance. You can’t fight something have included needed behavioral health ing with Chairman WAXMAN and myself if you don’t know the who, what, when, benefits. to bring this bill to the floor. I urge my where, and even the why of it. Among the many items that the colleagues to support this bill. As established, the legislation cre- House passed in our health reform bill I reserve the balance of my time. ated Centers of Excellence, and now we that the Senate did not was a services Mr. WHITFIELD. I also want to know that nationwide, autism affects 1 training and research initiative for thank Congressman DOYLE for his lead- in every 110 children, 1 in 70 boys. children and adults with autism, so we ership on this issue. Sadly, in my own State, it is even decided to introduce it as a standalone Mr. Speaker, I yield 4 minutes to the higher. Faced with this epidemic, MIKE bill, H.R. 5756, the Training and Re- gentleman from New Jersey (Mr. DOYLE and I formed the Coalition on search for Autism Improvements Na- SMITH), who has been particularly in- Autism Research and Education, which tionwide, or TRAIN Act. I am glad that volved in the issue of autism. today has 157 members. it is on the House floor today. Mr. SMITH of New Jersey. I want to The legislation we are considering Individuals on the autism spectrum thank my good friend for yielding, and today, the TRAIN Act, offers an oppor- often need assistance in the areas of for his leadership. This is truly a bipar- tunity for us to do something with the comprehensive early intervention,

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6846 CONGRESSIONAL RECORD — HOUSE September 22, 2010 health, recreation, job training, em- Mr. BURTON of Indiana. Mr. Speaker, I rise provements Nationwide Act’’ will go a long ployment, housing, transportation, and in support of the ‘‘Training and Research for way to provide needed resources and informa- early, primary, secondary, and postsec- Autism Improvements Nationwide Act’’ (H.R. tion to families living with autism, I also be- ondary education. With access to and 5756). Upon the diagnosis of only grandson, lieve that as a Nation we need to do more. assistance with these types of services who is autistic, I took it upon myself to be ac- This epidemic of autism is an immediate crisis and supports, individuals on the autism tive in promoting autism awareness and advo- to our education system, and our health care spectrum can live rich, full and produc- cating more research for the disorder. I am systems, our long-term housing and care sys- tive lives. We know that services for also a member of the Congressional Autism tem for the disabled. youth who are on the autism spectrum Caucus. About twenty years ago, autism was Autism is a condition that can be treated to and who are transitioning to adulthood considered a rare disease affecting about 1 in a degree but it has no known cure; it will not are an especially pressing need. 10,000 children. Today, the Center for Dis- go away and neither should our efforts to re- Thanks to the reports from the GAO, ease Control and Prevention estimates that an search this disorder and aide American Fami- we also know that there is a critical average of 1 in 110 children in the United lies. shortage of appropriately trained per- States are diagnosed with an Autism Spec- Autism is not bound or limited to the walls sonnel across numerous important dis- trum Disorder (ASD) every year. ASD occur in of a household. I believe that our Nation’s ciplines who can provide the services all racial, ethnic, and socioeconomic groups, educational, labor, housing, law enforcement and supports to children and adults but are four times more likely to occur in boys and medical communities are currently ill- with autism spectrum disorders and re- than in girls. In my home state of Indiana, we equipped and undertrained to handle this lated developmental disabilities and to experienced a 923% cumulative growth rate underrepresented generation of autistic indi- their families. The bill, the TRAIN for autism from 1992–2003. viduals and that it is going to take a national Act, will help this. This bill will help The ‘‘Training and Research for Autism Im- commitment driven from the highest levels to practicing professionals, as well as provements Nationwide Act’’ is desperately marshal the necessary resources and energy those in training, to become profes- needed in our country. Thousands of families to catch up. That is why I introduced legisla- sionals, to get the most up-to-date living with autism on a daily basis have to tion H.R. 3703 to require the President to call, practices, and to be informed by the cope in their own way and fight to find avail- not later than December 31, 2010, a White most current research findings. able resources and services for their children, House Conference on Autism. Therefore, in There is an urgent need to translate or in the case of adult individuals with autism addition to lending their support to the ‘‘Train- current and future research results services to help them live independent and ing and Research for Autism Improvements into effective practices that can be im- productive lives. All too often, there is little to Nationwide Act’’, I am also urging all of my plemented to support children and no coordination between service providers, colleagues to join in cosponsoring H.R. 3703. adults with autism spectrum disorders government agencies, and the medical/aca- Mr. Speaker, I thank you for the opportunity and related disabilities, including early demic community who are researching and to speak in support of both the ‘‘Training and intervention in preschool programs, in trying to unlock the mysteries of ASDs. The Research for Autism Improvements Nation- child care, in community schools, to ‘‘Training and Research for Autism Improve- wide Act’’ and the ‘‘White House Conference health providers, to employment sites, ments Nationwide Act’’ is a first step in filling on Autism Act of 2009.’’ in community living, and to first re- these gaps. Mr. WHITFIELD. I urge Members to sponders. This bill will do that, too. Specifically, the ‘‘Training and Research for support this legislation, and I yield I think it is important to note for my Autism Improvements Nationwide Act’’ would back the balance of my time. colleagues and I want them to know we authorize the establishment of a new Federal Mr. PALLONE. I urge the passage of are not re-creating the wheel. The bill program to provide technical assistance to im- the bill, and I yield back the balance of is based on expanding and enhancing prove services rendered to children and adults my time. the network of University Centers of with autism, and their families and to expand The SPEAKER pro tempore. The Excellence on developmental disabil- the number of University Centers for Excel- question is on the motion offered by ities, known as Yoo-Seds. My col- lence in Developmental Disabilities Education, the gentleman from New Jersey (Mr. leagues should know that the bill helps Research, and Service. Grants would go to PALLONE) that the House suspend the minority-serving institutions gain the University Centers for Excellence to provide rules and pass the bill, H.R. 5756, as skillsets and resources to work with individuals—including parents, health, allied amended. and to serve currently underserved health, vocational, and educational profes- The question was taken. populations. People like NFL star Rod- sionals—with interdisciplinary training, con- The SPEAKER pro tempore. In the ney Peete’s wife, Holly Robinson Peete, tinuing education, technical assistance, and in- opinion of the Chair, two-thirds being have helped others understand that au- formation to improve services provided to chil- in the affirmative, the ayes have it. tism doesn’t know race and can affect dren and adults with autism and their families. Mr. BROUN of Georgia. Mr. Speaker, any family. The bill also authorizes grant money to a na- on that I demand the yeas and nays. You should also know that this bill is tional organization to provide training and The yeas and nays were ordered. supported by groups like Autism technical assistance to do the following: assist The SPEAKER pro tempore. Pursu- Speaks, the Autism Society of Amer- in the dissemination of information; develop a ant to clause 8 of rule XX and the ica, self-advocates from the Autism web portal; compile and disseminate materials Chair’s prior announcement, further Self-Advocate Network, and many for training and technical assistance so that proceedings on this motion will be other organizations. For those reasons, the entire network can benefit from items de- postponed. I ask my colleagues to vote ‘‘yes’’ on veloped at individual centers; and convene ex- f this bill. pert panels to exchange ideas and make rec- Before I forget, I would like to thank ommendations that further training, assess- COMBAT METHAMPHETAMINE Anne Morris with Chairman WAXMAN, ment, interventions, services, and support for ENHANCEMENT ACT OF 2010 Emily Gibbons with Chairman individuals living with autism. Mr. PALLONE. Mr. Speaker, I move PALLONE, and Kenneth DeGraff on my Another grant would be awarded to not to suspend the rules and pass the bill staff for their hard work on this bill. more than 4 new University Centers to facili- (H.R. 2923) to enhance the ability to Thank you again, Chairman tate outreach and collaboration with minority combat methamphetamine, as amend- PALLONE. I hope you and I can continue institutions. ed. to work on other items on the autism I want to thank Representatives SMITH and The Clerk read the title of the bill. agenda, including a reauthorization of DOYLE for working to bring this important bill to The text of the bill is as follows: the CAA law. the House floor for a vote. As a member of H.R. 2923 Mr. WHITFIELD. I would just like to the Coalition on Autism Research and Edu- Be it enacted by the Senate and House of Rep- reiterate what the gentleman from cation also known as the Congressional Au- resentatives of the United States of America in Pennsylvania said, which is that early tism Caucus, I have worked closely with both Congress assembled, detection can make all the difference Representative DOYLE and SMITH on autism SECTION 1. SHORT TITLE. in the world. This legislation goes a awareness issues and I’m proud to join them This Act may be cited as the ‘‘Combat long way in providing assistance and in in supporting this initiative. While I believe that Methamphetamine Enhancement Act of aiding in early detection. the ‘‘Training and Research for Autism Im- 2010’’.

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6847 SEC. 2. REQUIREMENT OF SELF-CERTIFICATION plementation of this Act by the effective Twelve years ago, much like Mr. BY ALL REGULATED PERSONS SELL- date. DOYLE was just talking about his ten- ING SCHEDULED LISTED CHEMI- SEC. 7. BUDGETARY EFFECTS. CALS. ure here in the House being defined by The budgetary effects of this Act, for the Section 310(e)(2) of the Controlled Sub- his extraordinary work in the area of purpose of complying with the Statutory stances Act (21 U.S.C. 830(e)(2)) is amended Pay-As-You-Go Act of 2010, shall be deter- autism, in many ways mine has been by inserting at the end the following: mined by reference to the latest statement defined over the last 12 years by fight- ‘‘(C) Each regulated person who makes a titled ‘‘Budgetary Effects of PAYGO Legisla- ing methamphetamine production in sale at retail of a scheduled listed chemical tion’’ for this Act, submitted for printing in the Southeast, particularly in east product and is required under subsection the Congressional Record by the Chairman of Tennessee, where it surfaced in the late (b)(3) to submit a report of the sales trans- the House Budget Committee, provided that action to the Attorney General may not sell 1990s after coming to this country, such statement has been submitted prior to really, in terms of production, in about any scheduled listed chemical product at re- the vote on passage. tail unless such regulated person has sub- 1993. It surfaced first in California. mitted to the Attorney General a self-certifi- The SPEAKER pro tempore. Pursu- Then it came to the mountains of east cation including a statement that the seller ant to the rule, the gentleman from Tennessee. understands each of the requirements that New Jersey (Mr. PALLONE) and the gen- Much like moonshine did two genera- apply under this paragraph and under sub- tleman from Kentucky (Mr. WHITFIELD) tions earlier, it was a clandestine proc- section (d) and agrees to comply with the re- each will control 20 minutes. ess where citizens would put together quirements. The Attorney General shall by The Chair recognizes the gentleman the chemicals to make it. It stunk regulation establish criteria for certifi- from New Jersey. cations of mail-order distributors that are really bad, so they would do it out in GENERAL LEAVE consistent with the criteria established for the middle of the mountains and the the certifications of regulated sellers under Mr. PALLONE. Mr. Speaker, I ask hills, and they would get as far away paragraph (1)(B).’’. unanimous consent that all Members from urban centers as they could; but SEC. 3. PUBLICATION OF SELF-CERTIFIED REGU- may have 5 legislative days in which to because the drug is so deadly and ad- LATED SELLERS AND REGULATED revise and extend their remarks and to dictive, it encroached on other areas. PERSONS LISTS. include extraneous material in the We saw, frankly, the States that Section 310(e)(1)(B) of the Controlled Sub- RECORD. stances Act (21 U.S.C. 830(e)(1)(B)) is amend- took the leadership take ephedrine and The SPEAKER pro tempore. Is there pseudoephedrine from behind the ed by inserting at the end the following: objection to the request of the gen- ‘‘(v) PUBLICATION OF LIST OF SELF-CERTIFIED counter. They made it harder to get. PERSONS.—The Attorney General shall de- tleman from New Jersey? They enforced a lot of rules at the velop and make available a list of all persons There was no objection. State level, and it really knocked back Mr. PALLONE. I yield myself such who are currently self-certified in accord- the domestic production of metham- ance with this section. This list shall be time as I may consume. Mr. Speaker, I rise today in strong phetamine. We still have a huge prob- made publicly available on the website of the lem of methamphetamine coming in Drug Enforcement Administration in an support of H.R. 2923, the Combat Meth- electronically downloadable format.’’. amphetamine Enhancement Act of across the border, particularly through the transit country of Mexico, but this SEC. 4. REQUIREMENT THAT DISTRIBUTORS OF 2010. LISTED CHEMICALS SELL ONLY TO H.R. 2923 is designed to respond to has helped us greatly combat the pro- SELF-CERTIFIED REGULATED SELL- problems that the Drug Enforcement duction. ERS AND REGULATED PERSONS. In east Tennessee, we formed the Section 402(a) of the Controlled Substances Agency has identified in the implemen- tation of the Combat Methamphet- Southeast Tennessee Meth Task Force, Act (21 U.S.C. 842(a)) is amended— which is a premiere local, State, and (1) in paragraph (13), by striking ‘‘or’’ after amine Epidemic Act of 2006. That 2006 the semicolon; law required retail sellers of ephedrine Federal partnership because metham- (2) in paragraph (14), by striking the period and pseudoephedrine products to file a phetamine production can’t be com- and inserting ‘‘; or’’; self-certification attesting that they bated exclusively at the State and (3) by inserting after paragraph (14) the fol- have trained their personnel about the local levels. It just simply can’t. They lowing: law and its requirements. According to didn’t have the resources to surveil it. ‘‘(15) to distribute a scheduled listed chem- It became a toxic site where it was ical product to a regulated seller, or to a reg- the DEA, thousands of sellers have not yet self-certified. This legislation is de- made, and they didn’t have the re- ulated person referred to in section sources to clean it up, so we formed 310(b)(3)(B), unless such regulated seller or signed to improve compliance with the regulated person is, at the time of such dis- 2006 law, and it will provide the DEA this partnership. It grew to become the tribution, currently registered with the Drug with enforcement tools, like civil fines. East Tennessee Meth Task Force, and Enforcement Administration, or on the list I want to commend Representative now it is a premiere statewide task of persons referred to under section GORDON as well as Senator FEINSTEIN force. 310(e)(1)(B)(v).’’; and for their leadership on this legislation. We have had tremendous success in (4) by inserting at the end the following: I also want to thank Ranking Members combating methamphetamine produc- ‘‘For purposes of paragraph (15), if the dis- tion in Tennessee, but we have to con- tributor is temporarily unable to access the SHIMKUS and BARTON for working with us in moving this bill forward so quick- tinue to modernize the laws, including list of persons referred to under section adding a Federal component, in order 310(e)(1)(B)(v), the distributor may rely on a ly. written, faxed, or electronic copy of a certifi- Mr. Speaker, I urge my colleagues to for drug professionals to be able to cate of self-certification submitted by the support the bill. keep ephedrine and pseudoephedrine regulated seller or regulated person, pro- I reserve the balance of my time. out of the hands of people who are ad- vided the distributor confirms within 7 busi- Mr. WHITFIELD. I want to thank dicted to methamphetamine, because ness days of the distribution that such regu- Congressmen PALLONE and SHIMKUS for they produce this most of the time for lated seller or regulated person is on the list bringing this important legislation to use. As a result, this is just a deadly, referred to under section 310(e)(1)(B)(v).’’. the floor. We all recognize the dev- deadly disease out in the hinterland of SEC. 5. NEGLIGENT FAILURE TO SELF-CERTIFY America, and we have got to fight it. AS REQUIRED. astating effect of methamphetamines. Section 402(a)(10) of the Controlled Sub- Mr. Speaker, at this time I yield 5 This bill is another step in the right di- stances Act (21 U.S.C. 842(a)(10)) is amended minutes to the gentleman from Ten- rection. by inserting before the semicolon the fol- nessee (Mr. WAMP), who has been a true Congressman GORDON from Tennessee lowing: ‘‘or negligently to fail to self-certify leader in combating methampheta- and I have been working together. Con- as required under section 310’’. mines. gressman COOPER from Tennessee and I SEC. 6. EFFECTIVE DATE AND REGULATIONS. Mr. WAMP. I thank the committees passed a bill a few years ago to actu- (a) EFFECTIVE DATE.—This Act and the of jurisdiction, and I thank the leader- ally create Federal grant support for amendments made by this Act shall take ef- ship from the majority side and from the children who are taken out of meth fect 180 days after the date of enactment of the minority side. homes because when a meth home is this Act. (b) REGULATIONS.—In promulgating the Mr. Speaker, this is a bill that effec- infected by this plague, many times regulations authorized by section 2, the At- tively gives our drug enforcement lead- the children become wards of the torney General may issue regulations on an ership the tools that they need to con- State, and there was little help there interim basis as necessary to ensure the im- tinues this fight. at the State level as well.

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6848 CONGRESSIONAL RECORD — HOUSE September 22, 2010 b 1710 Over the past decade, methamphetamines scribed in subsection (g)(4) if the following con- So if this plague of methamphet- have emerged as one of the most dangerous ditions are met: homegrown drugs. Ranking as one of the ‘‘(A) The service is provided to the individual amine has not come to your hometown, at the facilities of an entity described in sub- unfortunately, it will soon, and it’s most widely used illicit drugs in the world, it section (g)(4), or through offsite programs or something that requires a Federal com- has become the most prevalent drug problem events carried out by the entity. ponent. in many Western and Midwestern states, and ‘‘(B) The entity is sponsoring the health care This is a good bill. I urge the entire is emerging on the East Coast. Congress practitioner pursuant to paragraph (3)(B). House to stand together and pass this made great efforts in the fight against ‘‘(C) The health care practitioner does not re- piece of legislation, thanking the com- methamphetamines with the enactment of the ceive any compensation for the service from the Combat Methamphetamine Epidemic Act. individual or from any third-party payer (in- mittees of jurisdiction and the original cluding reimbursement under any insurance pol- sponsor, Mr. BART GORDON of Ten- However, while many of the provisions in the icy or health plan, or under any Federal or nessee. comprehensive legislation have had positive State health benefits program), except that the Mr. PALLONE. Mr. Speaker, I con- results, including a sharp decline in national health care practitioner may receive repayment tinue to reserve. methamphetamine lab seizures; manufactur- from the entity described in subsection (g)(4) for Mr. WHITFIELD. When you talk to ers, traffickers and abusers continue to search reasonable expenses incurred by the health care law enforcement officers anywhere in for loopholes in the law. practitioner in the provision of the service to the America today, they will tell you that H.R. 2923 is a common sense bill, designed individual. about 80 percent of the crimes com- ‘‘(D) Before the service is provided, the health to strengthen the implementation of the Com- care practitioner or the entity described in sub- mitted in America are the direct result bat Methamphetamine Epidemic Act. This bill section (g)(4) posts a clear and conspicuous no- of some type of drug. Methamphet- would create incentives to ensure that the tice at the site where the service is provided of amine is certainly one of those. verification process of the law is made both ef- the extent to which the legal liability of the In Kentucky, we have the Pennyrile fective and enforceable. I urge my colleagues health care practitioner is limited pursuant to Drug Task Force. And when I think to support this legislation. this subsection. about the passage of this legislation, I Mr. WHITFIELD. Mr. Speaker, I ‘‘(E) At the time the service is provided, the think of a gentleman named Cheyenne yield back the balance of my time. health care practitioner is licensed or certified Albro who started that task force and in accordance with applicable law regarding the Mr. PALLONE. Mr. Speaker, I yield provision of the service. who was a true leader in combatting back the balance of my time and ask ‘‘(3) Subsection (g) (other than paragraphs (3) methamphetamine and who, unfortu- that the bill pass. and (5)) and subsections (h), (i), and (l) apply nately, died a couple of weeks ago, but The SPEAKER pro tempore. The to a health care practitioner for purposes of this I know he would be very proud of this question is on the motion offered by subsection to the same extent and in the same act. the gentleman from New Jersey (Mr. manner as such subsections apply to an officer, I would urge that this legislation be PALLONE) that the House suspend the governing board member, employee, or con- adopted. rules and pass the bill, H.R. 2923, as tractor of an entity described in subsection (g)(4), subject to paragraph (4) and subject to Mr. SENSENBRENNER. Mr. Speaker, in amended. 2006, Congress took significant steps to re- the following: The question was taken; and (two- ‘‘(A) The first sentence of paragraph (1) ap- duce methamphetamine production and dis- thirds being in the affirmative) the plies in lieu of the first sentence of subsection tribution by passing the Combat Methamphet- rules were suspended and the bill, as (g)(1)(A). amine Epidemic Act. Today, the House will amended, was passed. ‘‘(B) With respect to an entity described in consider H.R. 2923, the Combat Methamphet- A motion to reconsider was laid on subsection (g)(4), a health care practitioner is amine Enhancement Act, which will address the table. not a health professional volunteer at such enti- problems that the Drug Enforcement Adminis- ty unless the entity sponsors the health care f tration (DEA) has identified in the implementa- practitioner. For purposes of this subsection, the entity shall be considered to be sponsoring the tion of the Combat Methamphetamine Epi- FAMILY HEALTH CARE ACCESSIBILITY ACT OF 2010 health care practitioner if— demic Act. H.R. 2923 aims to strengthen en- ‘‘(i) with respect to the health care practi- forcement measures and ensure that retailers Mr. PALLONE. Mr. Speaker, I move tioner, the entity submits to the Secretary an are in full compliance with the law. to suspend the rules and pass the bill application meeting the requirements of sub- Prior to passage of the Combat Meth- (H.R. 1745) to amend the Public Health section (g)(1)(D); and amphetamine Epidemic Act, it was common Service Act to provide liability protec- ‘‘(ii) the Secretary, pursuant to subsection (g)(1)(E), determines that the health care practi- practice for methamphetamine dealers to go tions for volunteer practitioners at into stores, load up shopping carts with cold tioner is deemed to be an employee of the Public health centers under section 330 of such Health Service. medicines, break open the blister packs, and Act, as amended. ‘‘(C) In the case of a health care practitioner use the pseudoephedrine and ephedrine to The Clerk read the title of the bill. who is determined by the Secretary pursuant to make methamphetamine. The Combat Meth- The text of the bill is as follows: subsection (g)(1)(E) to be a health professional amphetamine Epidemic Act stopped this prac- H.R. 1745 volunteer at such entity, this subsection applies tice, by requiring that cold medicines con- to the health care practitioner (with respect to Be it enacted by the Senate and House of Rep- taining pseudoephedrine and ephedrine be services performed on behalf of the entity spon- resentatives of the United States of America in soring the health care practitioner pursuant to placed behind a pharmacy counter, requiring Congress assembled, signature and proof of identification before subparagraph (B)) for any cause of action aris- SECTION 1. SHORT TITLE. ing from an act or omission of the health care purchase, and limiting how much of these This Act may be cited as the ‘‘Family Health practitioner occurring on or after the date on medicines a person can buy in a day or Care Accessibility Act of 2010’’. which the Secretary makes such determination. month. However, the law contains a loophole SEC. 2. LIABILITY PROTECTIONS FOR HEALTH ‘‘(D) Subsection (g)(1)(F) applies to a health that allows retailers to continue to sell prod- PROFESSIONAL VOLUNTEERS AT care practitioner for purposes of this subsection ucts containing pseudoephedrine and ephed- COMMUNITY HEALTH CENTERS. only to the extent that, in providing health serv- rine without showing that their employees are Section 224 of the Public Health Service Act ices to an individual, each of the conditions complying with the law’s requirement. (42 U.S.C. 233) is amended by adding at the end specified in paragraph (2) is met. the following: H.R. 2923 will require retailers of ‘‘(4)(A) Amounts in the fund established ‘‘(q)(1) For purposes of this section, a health under subsection (k)(2) shall be available for pseudoephedrine and ephedrine products to professional volunteer at an entity described in transfer under subparagraph (C) for purposes of verify with the DEA that they have trained their subsection (g)(4) shall, in providing a health carrying out this subsection. staff in the requirements of the Combat Meth- professional service eligible for funding under ‘‘(B) Not later May 1 of each fiscal year, the amphetamine Epidemic Act. If they don’t, they section 330 to an individual, be deemed to be an Attorney General, in consultation with the Sec- simply won’t be able to purchase pseudoe employee of the Public Health Service for a cal- retary, shall submit to the Congress a report phedrine products from distributors. The DEA endar year that begins during a fiscal year for providing an estimate of the amount of claims needs every resource available to enforce the which a transfer was made under paragraph (together with related fees and expenses of wit- (4)(C). The preceding sentence is subject to the nesses) that, by reason of the acts or omissions tough drug laws already on the books. This provisions of this subsection. of health professional volunteers, will be paid measure will curb drug manufacturers’ access ‘‘(2) In providing a health service to an indi- pursuant to this section during the calendar to ephedrine or pseudoe vidual, a health care practitioner shall for pur- year that begins in the following fiscal year. phedrine, while keeping these products avail- poses of this subsection be considered to be a Subsection (k)(1)(B) applies to the estimate able to responsible consumers. health professional volunteer at an entity de- under the preceding sentence regarding health

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00038 Fmt 4634 Sfmt 6333 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6849 professional volunteers to the same extent and TON, for their support and commitment not because the centers are not able to in the same manner as such subsection applies in getting this bill to the floor. cover the costs of medical liability in- to the estimate under such subsection regarding I urge my colleagues to support the surance for the doctors and nurses. officers, governing board members, employees, bill. Medical liability insurance can cost and contractors of entities described in sub- I reserve the balance of my time. section (g)(4). tens of thousands of dollars, and, in ‘‘(C) Not later than December 31 of each fiscal Mr. WHITFIELD. I also want to some cases, well over $100,000 per year year, the Secretary shall transfer from the fund thank Mr. GREEN of Texas and Mr. per doctor, and the clinics simply can- under subsection (k)(2) to the appropriate ac- MURPHY for their leadership on this not cover that expense. Here’s why: counts in the Treasury an amount equal to the issue. Practitioners employed by the commu- estimate made under subparagraph (B) for the All of us recognize the importance of nity health centers are covered by the calendar year beginning in such fiscal year, community health centers. They are Federal Torts Claim Act, which ex- subject to the extent of amounts in the fund. spreading throughout the country and tends Federal liability protection to ‘‘(5)(A) This subsection takes effect on Octo- they are playing an important role in ber 1, 2011, except as provided in subparagraph those volunteer doctors. Oddly enough, (B). providing primary health care for the the opposite applies at free clinics, ‘‘(B) Effective on the date of the enactment of American people. where volunteers are covered by the this subsection— At this time I would like to yield 5 FTCA, while those who are employed ‘‘(i) the Secretary may issue regulations for minutes to one of the real leaders in at free clinics are not covered. carrying out this subsection, and the Secretary this area, Mr. MURPHY of Pennsylvania. The Congressional Budget Office said may accept and consider applications submitted Mr. TIM MURPHY of Pennsylvania. that medical liability insurance costs pursuant to paragraph (3)(B); and Mr. Speaker, community health cen- pose a ‘‘significant barrier’’ for many ‘‘(ii) reports under paragraph (4)(B) may be ters provide a neighborhood medical submitted to the Congress.’’. providers who otherwise would be eager home that is both high quality and to volunteer at health centers. This The SPEAKER pro tempore. Pursu- lower cost. They are more than just a bill, H.R. 1745, fixes this disparity and ant to the rule, the gentleman from doctor’s office; they are a place where opens the door for volunteer providers New Jersey (Mr. PALLONE) and the gen- a child can see a pediatrician and an at clinics all over America. This bill, tleman from Kentucky (Mr. WHITFIELD) adult can see an internist. You can get which I introduced with Representative each will control 20 minutes. dental care, mental health services, or GENE GREEN, will eliminate the bar- The Chair recognizes the gentleman prenatal care. You can go there when riers for millions of patients seeking from New Jersey. you are getting a cold instead of run- care in these neighborhood health care GENERAL LEAVE ning up big costs at an emergency homes and will allow thousands of Mr. PALLONE. Mr. Speaker, I ask room. practitioners to volunteer their exper- unanimous consent that all Members The doctors, dentists, nurse practi- tise for high-quality, low-cost patient may have 5 legislative days in which to tioners, and other medical profes- care. revise and extend their remarks and in- sionals are under one roof; and they co- The Congressional Budget Office esti- clude extraneous material in the ordinate your care, working as a team mated that the cost of this bill could RECORD. for your family’s health in a one-stop be as little as $5 million a year for 5 The SPEAKER pro tempore. Is there wellness center, and the costs per pa- years, and, in return, the clinics re- objection to the request of the gen- tient are far, far below the costs one ceive hundreds of millions of dollars tleman from New Jersey? would pay if you went to a hospital or worth of free health care services for There was no objection. private practice. That coordinated ef- those living in underserved commu- Mr. PALLONE. Mr. Speaker, I yield fort saves a lot of money through pre- nities. And because this funding is part myself such time as I may consume. ventative care, keeping you up with of the health centers program’s annual Mr. Speaker, I rise today in strong immunizations and providing quality appropriations, this funding is not a support of H.R. 1745, the Family Health medical intervention when you need it scored cost. The dedicated health cen- Care Accessibility Act. The bill is au- at one of these 1,250 nonprofit commu- ter fund means that the slight addi- thored by my colleagues on the Energy nity health centers. tional cost to the FTCA program will and Commerce Committee, Mr. MUR- In our Nation’s $2.4 trillion health require no new appropriations. I re- PHY of Pennsylvania and Mr. GREEN of care system, the community health peat: The slight additional cost will re- Texas, and obviously it enjoys strong centers are credited with saving nearly quire no new annual appropriations. bipartisan support. $25 billion each year. Families save I am grateful for the support of my The bill would provide liability pro- money and Medicaid saves money. On colleagues—Representative GENE tections for health care workers who average, a person using a community GREEN, FRANK PALLONE, JOHN SHIMKUS, volunteer to work at community health center saves $1,100 per year on PHIL GINGREY, Ranking Member JOE health centers. Very similar protec- health care costs, according to a recent BARTON, and Chairman HENRY WAX- tions are already provided for the em- study by George Washington Univer- MAN—for working with me on this leg- ployees and contractors of such cen- sity. That’s the good news. The sad islation, and also my staff—Brad ters. The bill, as introduced, would news is that there is a serious shortage Grantz and Susan Mosychuk. have provided such protection only to of health care providers at these cen- Mr. Speaker, we in Congress have a physicians and psychologists, but the ters, and no matter now great the cen- chance to do something to expand care committee adopted an amendment that ter, if there are long delays because of to millions of Americans with this act expanded coverage to all health care the shortage, then health care delayed without raising the health care bills workers who are volunteers at CHCs so is health care denied. for families. This is an example of real long as they are working within their Health centers located in medically bipartisan reform that helps people get appropriate scope of practice and licen- underserved urban or rural areas report the health care they need when they sure and are performing work that is a 27 percent shortage of dentists, a 26 need it close to home at an affordable appropriate to the center. percent shortage of OB/GYNs that cost. Isn’t that what we all want with CBO has estimated that the bill will could be providing prenatal care, and a health care? not affect mandatory spending or rev- 13 percent shortage of family physi- So let’s say ‘‘yes’’ to community enue and is not subject to the PAYGO cians. The centers simply do not have health centers, ‘‘yes’’ to families, rules. Versions of this legislation have enough money to hire the additional ‘‘yes’’ to doctors who want to volunteer passed in the House in previous years, staff required to cover the growing pa- their care, ‘‘yes’’ to affordable and ac- so I hope this bill will become law. tient needs, but there is an answer. cessible care to millions of families, Again, I want to thank Mr. MURPHY Many health professionals, especially and please say ‘‘yes’’ to H.R. 1745, the and Mr. GREEN for all their hard work part-time workers or highly qualified, Family Health Care Accessibility Act. on this legislation. As well, I want to semi-retired medical providers are will- Mr. PALLONE. Mr. Speaker, I yield express my appreciation to our minor- ing and able, but not allowed to do so. such time as he may consume to my ity leaders on health legislation in the That’s right. They want to volunteer colleague from Texas, Representative committee, Mr. SHIMKUS and Mr. BAR- their time, but they cannot. They can- GREEN. But before I do that, let me just

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6850 CONGRESSIONAL RECORD — HOUSE September 22, 2010 say that he has been an outstanding I yield back the balance of my time. or revise (after publishing proposed additions leader on community health centers. Mr. PALLONE. Mr. Speaker, I also and revisions in the Federal Register and receiv- He sponsored the bill that reauthorized urge passage of the bill. ing public comments thereon) minimum require- the community health centers, and he I yield back the balance of my time. ments for criteria to be used by States for pur- The SPEAKER pro tempore. The poses of clauses (ii), (v), (vi), and (vii) of sub- is always looking out for ways to im- section (c)(1)(A).’’; prove what goes on there. question is on the motion offered by (3) in subsection (c)— the gentleman from New Jersey (Mr. b 1720 (A) in paragraph (1)(B)— PALLONE) that the House suspend the (i) in the matter preceding clause (i), by strik- Mr. GENE GREEN of Texas. I thank rules and pass the bill, H.R. 1745, as ing ‘‘(a)(1)(B)’’ and inserting ‘‘(a)(1)(B) or the chairman of the Health Sub- amended. (a)(1)(C)’’; committee for those kind words but The question was taken. (ii) in clause (i), by striking ‘‘program to be also for this legislation. I would also The SPEAKER pro tempore. In the improved’’ and inserting ‘‘program to be im- like to thank the full committee chair, opinion of the Chair, two-thirds being proved or maintained’’; and HENRY WAXMAN; and our ranking mem- (iii) in clause (iv), by striking ‘‘public health’’ in the affirmative, the ayes have it. and inserting ‘‘public health or public safety’’; ber, JOE BARTON; along with our rank- Mr. TIM MURPHY of Pennsylvania. (B) in paragraph (3)— ing member on our subcommittee, Con- Mr. Speaker, on that I demand the yeas (i) by striking ‘‘If a State that submits’’ and gressman SHIMKUS from Illinois, for the and nays. inserting the following: support of this bill; and all of the Mem- The yeas and nays were ordered. ‘‘(A) IN GENERAL.—If a State that submits’’; bers on the Energy and Commerce The SPEAKER pro tempore. Pursu- (ii) by inserting before the period at the end Committee. ant to clause 8 of rule XX and the ‘‘and include timelines for full implementation I rise in strong support of H.R. 1745, Chair’s prior announcement, further of such interoperability’’; and the Family Health Care Accessibility (iii) by adding at the end the following: proceedings on this motion will be ‘‘(B) MONITORING OF EFFORTS.—The Secretary Act. H.R. 1745 will extend Federal Tort postponed. Claim coverage for licensed volunteer shall monitor State efforts to achieve interoper- f ability, as described in subparagraph (A).’’; practitioners for section 330 services (C) in paragraph (5)— provided under the Public Health Serv- NATIONAL ALL SCHEDULES PRE- (i) by striking ‘‘implement or improve’’ and in- ice Act in community health centers. SCRIPTION ELECTRONIC RE- serting ‘‘establish, improve, or maintain’’; and This legislation will allow licensed PORTING REAUTHORIZATION ACT (ii) by adding at the end the following: ‘‘The practitioners to volunteer and provide OF 2010 Secretary shall redistribute any funds that are them adequate tort claims protection Mr. PALLONE. Mr. Speaker, I move so returned among the remaining grantees equal to employees of the community under this section in accordance with the for- to suspend the rules and pass the bill mula described in subsection (a)(2)(B).’’; health centers. (H.R. 5710) to amend and reauthorize A March 2006 study in the Journal of (4) in the matter preceding paragraph (1) in the controlled substance monitoring subsection (d), by striking ‘‘In implementing or the American Medical Association program under section 399O of the Pub- improving’’ and all that follows through found community health centers had a lic Health Service Act, as amended. ‘‘(a)(1)(B)’’ and inserting ‘‘In establishing, im- 13 percent vacancy rate for family phy- The Clerk read the title of the bill. proving, or maintaining a controlled substance sicians, 9 percent for internists, a 20 The text of the bill is as follows: monitoring program under this section, a State percent vacancy rate for OB–GYNs, an shall comply, or with respect to a State that ap- H.R. 5710 8 percent vacancy rate for podiatrists, plies for a grant under subparagraph (B) or (C) a 22 percent vacancy rate for psychia- Be it enacted by the Senate and House of Rep- of subsection (a)(1)’’; resentatives of the United States of America in (5) in subsections (e), (f)(1), and (g), by strik- trists, and an 18 percent vacancy rate Congress assembled, for dentists. If we rely on community ing ‘‘implementing or improving’’ each place it SECTION 1. SHORT TITLE. appears and inserting ‘‘establishing, improving, health centers as medical homes, we This Act may be cited as the ‘‘National All or maintaining’’; need to increase the number of health Schedules Prescription Electronic Reporting Re- (6) in subsection (f)— care providers—including volunteer authorization Act of 2010’’. (A) in paragraph (1)(B) by striking ‘‘misuse of practitioners. So many qualified indi- SEC. 2. AMENDMENT TO PURPOSE. a schedule II, III, or IV substance’’ and insert- viduals want to volunteer their time Paragraph (1) of section 2 of the National All ing ‘‘misuse of a controlled substance included but are afraid to do so because they do Schedules Prescription Electronic Reporting Act in schedule II, III, or IV of section 202(c) of the not have Federal Tort Claim protection of 2005 (Public Law 109–60) is amended to read Controlled Substance Act’’; and and the Government Accountability as follows: (B) by adding at the end the following: ‘‘(1) foster the establishment of State-adminis- ‘‘(3) EVALUATION AND REPORTING.—Subject to Office has found that doctors and tered controlled substance monitoring systems in subsection (g), a State receiving a grant under nurses choose not to volunteer their order to ensure that— subsection (a) shall provide the Secretary with skills at community health centers be- ‘‘(A) health care providers have access to the aggregate data and other information deter- cause medical liability insurance is too accurate, timely prescription history informa- mined by the Secretary to be necessary to enable costly for individuals to purchase on tion that they may use as a tool for the early the Secretary— their own. identification of patients at risk for addiction in ‘‘(A) to evaluate the success of the State’s pro- We can address the workforce short- order to initiate appropriate medical interven- gram in achieving its purposes; or age in health centers by clarifying that tions and avert the tragic personal, family, and ‘‘(B) to prepare and submit the report to Con- gress required by subsection (k)(2). medical malpractice coverage is pro- community consequences of untreated addiction; and ‘‘(4) RESEARCH BY OTHER ENTITIES.—A depart- vided to clinicians who wish to volun- ‘‘(B) appropriate law enforcement, regulatory, ment, program, or administration receiving non- teer their time working at the commu- and State professional licensing authorities identifiable information under paragraph (1)(D) nity health center. have access to prescription history information may make such information available to other I want to thank Congressman MUR- for the purposes of investigating drug diversion entities for research purposes.’’; PHY from Pennsylvania for sponsoring and prescribing and dispensing practices of er- (7) by redesignating subsections (h) through the legislation. Again, this will mark rant prescribers or pharmacists; and’’. (n) as subsections (i) through (o), respectively; the third time we’ve worked together SEC. 3. AMENDMENTS TO CONTROLLED SUB- (8) in subsections (c)(1)(A)(iv) and (d)(4), by striking ‘‘subsection (h)’’ each place it appears to pass this legislation in the House. It STANCE MONITORING PROGRAM. Section 399O of the Public Health Service Act and inserting ‘‘subsection (i)’’; was in the health care reform bill, but (42 U.S.C. 280g–3) is amended— (9) by inserting after subsection (g) the fol- the Senate did not include it in their (1) in subsection (a)(1)— lowing: version. (A) in subparagraph (A), by striking ‘‘or’’; ‘‘(h) EDUCATION AND ACCESS TO THE MONI- Again, Mr. Speaker, I want to thank (B) in subparagraph (B), by striking the pe- TORING SYSTEM.—A State receiving a grant the House, and hopefully we’ll pass this riod at the end and inserting ‘‘; or’’; and under subsection (a) shall take steps to— bill today again and give the Senate (C) by adding at the end the following: ‘‘(1) facilitate prescriber use of the State’s another opportunity. ‘‘(C) to maintain and operate an existing controlled substance monitoring system; and Mr. WHITFIELD. Mr. Speaker, I State-controlled substance monitoring pro- ‘‘(2) educate prescribers on the benefits of the gram.’’; system both to them and society.’’; think all of our speakers have ex- (2) by amending subsection (b) to read as fol- (10) by amending subsection (l), as redesig- plained very clearly why we need to lows: nated, to read as follows: support this legislation. I urge all of ‘‘(b) MINIMUM REQUIREMENTS.—The Secretary ‘‘(l) PREFERENCE.—Beginning 3 years after the our Members to support it. shall maintain and, as appropriate, supplement date on which funds are first appropriated to

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00040 Fmt 4634 Sfmt 6333 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6851 carry out this section, the Secretary, in award- I would like to thank Mr. WHITFIELD thorize this important public health ing any competitive grant under title V that is for his leadership on this issue as well program. related to drug abuse (as determined by the Sec- as Mr. STUPAK—both of them have been Minor but important changes have retary) and for which only States or tribes are involved with the NASPER bill for been made to the program, including eligible to apply, may give preference to eligible allowing the use of grants to help States with applications approved under this some time, including the original au- section, to eligible States or tribes with existing thorization—and also our ranking States maintain their existing pro- controlled substance monitoring programs that members, SHIMKUS and BARTON. grams. This will allow cash-strapped meet minimum requirements under this section, I urge my colleagues to join me in States to continue to operate their or to eligible States or tribes that put forth a supporting H.R. 5710. monitoring programs under difficult good faith effort to meet those requirements (as I reserve the balance of my time. economic times. The legislation will determined by the Secretary).’’. Mr. WHITFIELD. I yield myself such also allow territories to be eligible for (11) in subsection (m)(1), as redesignated, by time as I may consume. grants. striking ‘‘establishment, implementation, or im- Mr. Speaker, this legislation, H.R. I urge my colleagues to vote in favor provement’’ and inserting ‘‘establishment, im- of this legislation. provement, or maintenance’’; 5710, would reauthorize the National All Schedules Prescription Electronic Mr. WHITFIELD. Mr. Speaker, I urge (12) in subsection (n)(8), as redesignated, by passage. striking ‘‘and the District of Columbia’’ and in- Reporting Act, known as NASPER, serting ‘‘, the District of Columbia, and any I yield back the balance of my time. which provides grants through HHS to Mr. PALLONE. Mr. Speaker, I would commonwealth or territory of the United the States to establish and operate pre- States’’; and like to yield such time as she may con- scription drug monitoring programs. sume to the gentlewoman from Texas, (13) by amending subsection (o), as redesig- I also want to thank Congressman nated, to read as follows: Ms. SHEILA JACKSON LEE. ‘‘(o) AUTHORIZATION OF APPROPRIATIONS.—To STUPAK for his tremendous leadership. carry out this section, there are authorized to be Without him we wouldn’t have this bill b 1730 appropriated $15,000,000 for fiscal year 2011 and on the floor. Chairman PALLONE has Ms. JACKSON LEE of Texas. I want $10,000,000 for each of fiscal years 2012 and been helpful, Ranking Members BAR- to thank the manager of the bill, 2013.’’. TON and SHIMKUS. And I would also like Chairman PALLONE; and thank the au- The SPEAKER pro tempore. Pursu- to thank our late friend Charlie Nor- thor and, if you will, visionary of the ant to the rule, the gentleman from wood of Georgia, who was very much bill, Mr. STUPAK; and Mr. WHITFIELD New Jersey (Mr. PALLONE) and the gen- interested in this legislation. for their leadership. tleman from Kentucky (Mr. WHITFIELD) NASPER was designed to reduce pre- I rise today because this is an inter- each will control 20 minutes. scription drug abuse by providing phy- esting and important bit of legislation The Chair recognizes the gentleman sicians with the tools to stop the abuse as relates to physicians under the En- from New Jersey. before it starts. The law allows physi- ergy and Commerce and HHS. It’s im- GENERAL LEAVE cians to provide proper medication portant because it helps to track or de- Mr. PALLONE. Mr. Speaker, I ask therapy to patients while also cracking termine who might be an addict, and as unanimous consent that all Members down on the interstate diversion of pre- well to engage the medical profession may have 5 legislative days within scription medications. in helping to end or to stem the tide of which to revise and extend their re- Importantly, the law contains safe- prescription drug abuse. Interestingly enough, in this legisla- marks and include extraneous material guards to ensure this sensitive infor- mation is protected and accessed ap- tion there are privacy provisions, in the RECORD. which I want to applaud and to say to The SPEAKER pro tempore. Is there propriately. all those who may be listening, this is objection to the request of the gen- This is an important piece of legisla- a lifeline to stop the prescription drug tion. I urge all of our Members to sup- tleman from New Jersey? abuse through legitimate medical re- There was no objection. port it. sources and professionals, and as well Mr. PALLONE. Mr. Speaker, I yield I reserve the balance of my time. for those who are legitimately ill, pre- myself such time as I may consume. Mr. PALLONE. Mr. Speaker, I yield scription drugs are prescribed and they Mr. Speaker, I rise in strong support such time as he may consume to the find themselves addicted. of H.R. 5710, the National All Schedules gentleman from Michigan (Mr. STU- When I left Texas in the last 24 Prescription Electronic Reporting Re- PAK), who, as I said, has been involved hours, interestingly there was another with this NASPER legislation from the authorization Act, or as I call it, effort going forward, Mr. PALLONE, that NASPER. beginning. had to do with our Drug Enforcement State prescription drug monitoring Mr. STUPAK. I thank the gentleman Agency, where about 10 or so sites were programs track prescriptions so that for yielding me time. being set up to encourage people to law enforcement officials can address Mr. Speaker, I rise in support of this give back old or aged drugs in their and prevent diversion, and so pre- legislation. Five years ago, Congress drug cabinets, if you will, or in their scribers and public health authorities passed the National All Schedules Pre- prescription cabinets, or in their med- can prevent and respond to the poten- scription Electronic Reporting Act, or ical cabinets at home. And these sites tially devastating effects of prescrip- NASPER, into law, making it the only were in schools and community build- tion drug abuse. statutory authorized program to assist ings. The NASPER program, as it’s known, States in combating prescription drug As I read of this project, which obvi- was first authorized in 2005 and allows abuse of controlled substances through ously this was a proud effort, and I the Secretary to make grants to sup- prescription drug monitoring pro- want to congratulate law enforcement, port these State programs, and it also grams. I had a concern. The concern was pri- sets standards for privacy and inter- Congress realized that more needed vacy, whether or not this was coordi- operability. H.R. 5710 reauthorizes the to be done to aid States to set up or nated to ensure that if you gave a bot- NASPER program, enhances evalua- improve symptoms that enable au- tle of prescription drugs that still in tion and reporting, and makes other thorities to identify prescription drug fact was filled, whether or not there updates to the program. abusers as well as the problem doctors was a privacy procedure of either re- An amendment agreed to in our sub- who betray the high ethical standards moving those labels, or maybe they ex- committee changed the authorization of their profession by over or incor- pected you to remove those labels, and period from 5 to 3 years so the next re- rectly prescribing prescription drugs. then also what would be the ultimate authorization can take into account Five years ago, NASPER was passed results. If they saw someone returning the results of an agency evaluation of with bipartisan support after many five bottles of such and such that hap- the program scheduled to be completed years of hard work by many members pened to be an addictive drug and their in 2012. The amendment also clarified of our committee and Members on both names were on it, what kind of protec- language regarding granting preference sides of the aisle. tion, or what kind of treatment, or in certain other SAMSA programs to Today, I’m honored to again work what kind of referral would these indi- States that have prescription drug with my colleagues, Mr. WHITFIELD, viduals receive? I think that’s an im- monitoring programs. Mr. PALLONE, Mr. SHIMKUS, to reau- portant point.

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6852 CONGRESSIONAL RECORD — HOUSE September 22, 2010 That is why I rise today on this legis- The yeas and nays were ordered. (2) Section 448 of such Act (42 U.S.C. 285g) lation, and I look forward to reviewing The SPEAKER pro tempore. Pursu- is amended by striking ‘‘mental retarda- this legislation, even as it passes, to ant to clause 8 of rule XX and the tion,’’ and inserting ‘‘intellectual disabil- assess whether or not our friends in the Chair’s prior announcement, further ities,’’. (3) Section 450 of such Act (42 U.S.C. 285g– legal end of it, the DEA in particular, proceedings on this motion will be 2) is amended to read as follows: postponed. and I would hope maybe that the rep- ‘‘SEC. 450. RESEARCH ON INTELLECTUAL DIS- resentatives from the DEA would meet f ABILITIES. with me in my office about their ap- ROSA’S LAW ‘‘The Director of the Institute shall con- proach to ensure that it has the re- duct and support research and related activi- quirements and the restraints that we Mr. PALLONE. Mr. Speaker, I move ties into the causes, prevention, and treat- see in this present legislation. I want to suspend the rules and pass the bill ment of intellectual disabilities.’’. to congratulate the authors of this leg- (S. 2781) to change references in Fed- (4) Section 641(a) of such Act (42 U.S.C. islation because of that very fact. eral law to mental retardation to ref- 291k(a)) is amended by striking ‘‘matters re- lating to the mentally retarded’’ and insert- I would just like to add one other erences to an intellectual disability, and to change references to a mentally ing ‘‘matters relating to individuals with in- point, if I could, as I close on my re- tellectual disabilities’’. marks. Having not been here for the retarded individual to references to an (5) Section 753(b)(2)(E) of such Act (42 legislation to deal with H.R. 5494, individual with an intellectual dis- U.S.C. 294c(b)(2)(E)) is amended by striking which is Ms. NORTON’s legislation, ability. ‘‘elderly mentally retarded individuals’’ and which talks about the National Park The Clerk read the title of the bill. inserting ‘‘elderly individuals with intellec- Service and Secretary of the Interior The text of the bill is as follows: tual disabilities’’. transferring certain properties to the S. 2781 (6) Section 1252(f)(3)(E) of such Act (42 Be it enacted by the Senate and House of Rep- U.S.C. 300d–52(f)(3)(E)) is amended by strik- District of Columbia, it may not be ing ‘‘mental retardation/developmental dis- equal, but I do want to make note that resentatives of the United States of America in Congress assembled, orders,’’ and inserting ‘‘intellectual disabil- the GSA is holding property that the ities or developmental disorders,’’. SECTION 1. SHORT TITLE. Texas Military History Museum has (g) HEALTH PROFESSIONS EDUCATION PART- This Act may be cited as ‘‘Rosa’s Law’’. been paying rent on or paying taxes on NERSHIPS ACT OF 1998.—Section 419(b)(1) of SEC. 2. INDIVIDUALS WITH INTELLECTUAL DIS- the Health Professions Education Partner- because of their belief it belongs to ABILITIES. ships Act of 1998 (42 U.S.C. 280f note) is them, and because the GSA had basi- (a) HIGHER EDUCATION ACT OF 1965.—Sec- amended by striking ‘‘mental retardation’’ cally lost the property or had forgotten tion 760(2)(A) of the Higher Education Act of and inserting ‘‘intellectual disabilities’’. 1965 (20 U.S.C. 1140(2)(A)) is amended by it existed. I look forward to them fol- (h) PUBLIC LAW 110–154.—Section 1(a)(2)(B) striking ‘‘mental retardation or’’. lowing at least the parameters of this of Public Law 110–154 (42 U.S.C. 285g note) is (b) INDIVIDUALS WITH DISABILITIES EDU- legislation, where they can transfer amended by striking ‘‘mental retardation’’ CATION ACT.— those assets to a very important and (1) Section 601(c)(12)(C) of the Individuals and inserting ‘‘intellectual disabilities’’. (i) NATIONAL SICKLE CELL ANEMIA, distinctive group, the Texas Military with Disabilities Education Act (20 U.S.C. COOLEY’S ANEMIA, TAY-SACHS, AND GENETIC Museum Association, that has now 1400(c)(12)(C)) is amended by striking ‘‘hav- DISEASES ACT.—Section 402 of the National made this a military museum for Tex- ing mental retardation’’ and inserting ‘‘hav- Sickle Cell Anemia, Cooley’s Anemia, Tay- ans and for America. This was cer- ing intellectual disabilities’’. Sachs, and Genetic Diseases Act (42 U.S.C. (2) Section 602 of such Act (20 U.S.C. 1401) tainly appropriate to do so. 300b–1 note) is amended by striking ‘‘leading is amended— Finally, I want to make sure that I to mental retardation’’ and inserting ‘‘lead- (A) in paragraph (3)(A)(i), by striking add my support to legislation, if it’s ing to intellectual disabilities’’. ‘‘with mental retardation’’ and inserting coming to the floor, dealing with (j) GENETIC INFORMATION NONDISCRIMINA- ‘‘with intellectual disabilities’’; and TION ACT OF 2008.—Section 2(2) of the Genetic Rosa’s Law, that is a Senate bill. And (B) in paragraph (30)(C), by striking ‘‘of Information Nondiscrimination Act of 2008 I will add supporting statements to the mental retardation’’ and inserting ‘‘of intel- (42 U.S.C. 2000ff note) is amended by striking record. lectual disabilities’’. ‘‘mental retardation,’’ and inserting ‘‘intel- But in conclusion, I think that this (c) ELEMENTARY AND SECONDARY EDUCATION lectual disabilities,’’. legislation, H.R. 5710, is a model for ACT OF 1965.—Section 7202(16)(E) of the Ele- (k) REFERENCES.—For purposes of each pro- what can be an important life saver in mentary and Secondary Education Act of 1965 (20 U.S.C. 7512(16)(E)) is amended by vision amended by this section— America, and that is to get people to be (1) a reference to ‘‘an intellectual dis- weaned off of addictive drugs, but have striking ‘‘mild mental retardation,’’ and in- serting ‘‘mild intellectual disabilities,’’. ability’’ shall mean a condition previously a way of processing and determining (d) REHABILITATION ACT OF 1973.— referred to as ‘‘mental retardation’’, or a where those drugs are, whether there is (1) Section 7(21)(A)(iii) of the Rehabilita- variation of this term, and shall have the an addicted person, and how they can tion Act of 1973 (29 U.S.C. 705(21)(A)(iii)) is same meaning with respect to programs, or secure care. amended by striking ‘‘mental retardation,’’ qualifications for programs, for individuals So I ask my colleagues to support and inserting ‘‘intellectual disability,’’. with such a condition; and (2) Section 204(b)(2)(C)(vi) of such Act (29 (2) a reference to individuals with intellec- H.R. 5710, and I look forward to the tual disabilities shall mean individuals who Drug Enforcement Agency working U.S.C. 764(b)(2)(C)(vi)) is amended by striking ‘‘mental retardation and other develop- were previously referred to as individuals with my office on the kind of restraints mental disabilities’’ and inserting ‘‘intellec- who are ‘‘individuals with mental retarda- that are hopefully helpful when they tual disabilities and other developmental tion’’ or ‘‘the mentally retarded’’, or vari- have these mass campaigns for people disabilities’’. ations of those terms. to drop off old prescriptions and to (3) Section 501(a) of such Act (29 U.S.C. SEC. 3. REGULATIONS. make sure that they follow suit and do 791(a)) is amended, in the third sentence, by For purposes of regulations issued to carry the right thing for the people of this striking ‘‘President’s Committees on Em- out a provision amended by this Act— country. ployment of People With Disabilities and on (1) before the regulations are amended to Mr. PALLONE. Mr. Speaker, I urge Mental Retardation’’ and inserting ‘‘Presi- carry out this Act— (A) a reference in the regulations to men- passage of the bill. dent’s Disability Employment Partnership Board and the President’s Committee for tal retardation shall be considered to be a I yield back the balance of my time. People with Intellectual Disabilities’’. reference to an intellectual disability; and The SPEAKER pro tempore. The (e) HEALTH RESEARCH AND HEALTH SERV- (B) a reference in the regulations to the question is on the motion offered by ICES AMENDMENTS OF 1976.—Section 1001 of mentally retarded, or individuals who are the gentleman from New Jersey (Mr. the Health Research and Health Services mentally retarded, shall be considered to be PALLONE) that the House suspend the Amendments of 1976 (42 U.S.C. 217a–1) is a reference to individuals with intellectual rules and pass the bill, H.R. 5710, as amended by striking ‘‘the Mental Retarda- disabilities; and amended. tion Facilities and Community Mental (2) in amending the regulations to carry The question was taken. Health Centers Construction Act of 1963,’’. out this Act, a Federal agency shall ensure (f) PUBLIC HEALTH SERVICE ACT.— that the regulations clearly state— The SPEAKER pro tempore. In the (1) Section 317C(a)(4)(B)(i) of the Public (A) that an intellectual disability was for- opinion of the Chair, two-thirds being Health Service Act (42 U.S.C. 247b– merly termed mental retardation; and in the affirmative, the ayes have it. 4(a)(4)(B)(i)) is amended by striking ‘‘mental (B) that individuals with intellectual dis- Mr. BROUN of Georgia. Mr. Speaker, retardation;’’ and inserting ‘‘intellectual dis- abilities were formerly termed individuals on that I demand the yeas and nays. abilities;’’. who are mentally retarded.

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6853 SEC. 4. RULE OF CONSTRUCTION. York, the Honorable Elizabeth A. Federal law to refer to individuals, or broad This Act shall be construed to make Connelly. Mrs. Connelly was elected to categories of individuals, when earlier termi- amendments to provisions of Federal law to the New York State Assembly in 1973 nology became outdated, offensive, or other- substitute the term ‘‘an intellectual dis- as the first woman from my district of ability’’ for ‘‘mental retardation’’, and ‘‘indi- wise inappropriate. viduals with intellectual disabilities’’ for Staten Island to be elected to public of- I would like to note that our former col- ‘‘the mentally retarded’’ or ‘‘individuals who fice. When she retired in 2000, she be- league, Nathan Deal of Georgia, actually of- are mentally retarded’’, without any intent came New York’s longest serving fe- fered an amendment during the Energy and to— male legislator. Commerce Committee’s consideration of the (1) change the coverage, eligibility, rights, Throughout her career, she was a ObamaCare legislation back in July of last responsibilities, or definitions referred to in staunch advocate and champion for in- year that would have changed references in the amended provisions; or dividuals with intellectual and other Federal law to mentally retarded individual to (2) compel States to change terminology in developmental disabilities. She was in- references to an individual with an develop- State laws for individuals covered by a provi- strumental in securing funds for men- sion amended by this Act. mental disability, but unfortunately, Congress- tal health programs and creating the man Deal’s amendment was not accepted by The SPEAKER pro tempore. Pursu- New York State Commission on Qual- the Majority, which prevented it from being in- ant to the rule, the gentleman from ity of Care for the Mentally Disabled, cluded in the House-passed version of the New Jersey (Mr. PALLONE) and the gen- led the charge to close the notorious health reform legislation. tleman from Kentucky (Mr. WHITFIELD) Willowbrook State School, and led this However, by bringing this legislation to the each will control 20 minutes. Nation from warehousing individuals floor today, the Majority can atone for their The Chair recognizes the gentleman into providing group home settings. past mistake, and finally correct this glaring from New Jersey. Assemblywoman Connelly was known problem. GENERAL LEAVE throughout the community for work- And speaking of health reform, I would also Mr. PALLONE. Mr. Speaker, I ask ing with parents, advocates, and gov- like to note that today is the 6-month anniver- unanimous consent that all Members ernment officials to make New York a sary of the Democrats’ ObamaCare package may have 5 legislative days within leader in providing high quality serv- being signed into law, and just as Repub- which to revise and extend their re- ices and programs for individuals with licans, independents, and a few brave Demo- marks and include extraneous material intellectual disabilities. She is known crats predicted, insurance premiums are rising in the RECORD. as the guardian angel of the mentally and people are losing their current health in- The SPEAKER pro tempore. Is there disabled. She was not only a pioneer of surance coverage as a direct result of the objection to the request of the gen- her time and one of New York’s great- flawed provisions in that legislation. tleman from New Jersey? est disability advocates, but she was Reports of problems in ObamaCare abound, There was no objection. my mentor. I was privileged to work as but has this Congress held a hearing on its Mr. PALLONE. Mr. Speaker, I yield Ms. Connelly’s staff member and coun- implementation? No. In fact, the Sub- such time as he may consume to the sel for many years. It is her personal committee on Health—on which I serve—has gentleman from New York (Mr. commitment and leadership that has held 15 hearings since the passage of MCMAHON), who is the sponsor of the inspired me to also become an advocate ObamaCare, but we have not dealt with the legislation. for these important issues. Sadly, we most radical change to America’s health care Mr. MCMAHON. Mr. Speaker, it is my lost her all too prematurely a few system in generations. great honor to champion the House years ago, but we honor her and her As all of us have noticed lately, people back companion of S. 2781, H.R. 4544, the husband Robert and her family with home are experiencing the unhappy reality of Elizabeth A. Connelly Act, so I rise this bill. the Federal Government’s health care take- today in strong support of S. 2781. I b 1740 over. And as many news reports indicate, thank Mr. PALLONE for his leadership So, Mr. Speaker, I cast my vote and many people seem to prefer a Congressional on the subcommittee. And Mr. Chair- Majority that wants to get the truth from the man, I thank you for your leadership in urge my colleagues to do so as well in honor of Assemblywoman Connelly. I Obama Administration about what’s gone this body, and especially as chairman wrong. I know the seniors in my district are on the Bipartisan Disabilities Caucus, know she would be very proud to see the United States carrying out her life- completely clear about their desire to have us and the work that you do there. look into the Administration’s plans to cut $575 This bill will replace the term ‘‘men- long mission by passing S. 2781. I urge my colleagues to vote ‘‘yes’’ billion from Medicare. They also want to know tal retardation’’ with the term ‘‘intel- on S. 2781 and send this bill to the about statements by the Chief Actuary of lectual disability’’ throughout the President’s desk for signature. Medicare that providers ‘‘could find it difficult United States Code. Now, in July of Mr. WHITFIELD. I yield myself such to remain profitable’’ and might ‘‘end their par- this year, just recently, New York Gov- time as I may consume. ticipation in the program.’’ ernor David Paterson signed similar Mr. Speaker, I also rise in support of And any American concerned about the dis- legislation into law, joining 48 other S. 2781, Rosa’s Law, and I certainly astrous spending policies of this Administra- States that have dropped the ‘‘R’’ want to thank the majority and all of tion and the current Majority would want over- word. Over 70 Democrats and Repub- those involved in this important legis- sight over recent revelations that after pas- licans have cosponsored my bill and lation for bringing it to the floor for sage of ObamaCare, health care spending is agreed that the time has finally come final passage. projected to increase more than the Obama to put an end to discrimination against This legislation is really very simple, Administration had projected before passage individuals with intellectual disabil- but very important. It simply modifies of this deeply flawed legislation. ities. specific terms used in Federal law and During the run-up to passage, miracles were Every day, millions of children and instead of referring to the people as promised day in and day out. Seniors were adults have difficulty with tasks such mentally retarded individuals, it refers told the law would strengthen Medicare, only as problem solving, decision-making, to them basically as individuals with to see reductions to the program spent on and communications because of intel- developmental disabilities. new entitlements. Everyone was told the cost lectual disabilities. These Americans It will affect the Social Security Act, curve would be bent down, only to see the Ad- are often ridiculed, ignored, or even the Public Health Service Act, and a ministration’s own actuaries report it will con- abused by their peers. Sometimes they lot of other Federal laws. I think it tinue to go up. are referred to publicly by insulting certainly is a step in the right direc- Families were told that if they liked their cur- terms and treated as second class citi- tion, and I would urge passage of this rent coverage they could keep it, only to learn zens. In particular, the term ‘‘mental legislation. that the law encourages employers to drop retardation’’ has acquired a distinctly Mr. Speaker, I rise in support of S. 2781, coverage, that health insurers will pass along pejorative meaning, and is used inten- Rosa’s Law, and I would like to thank the Ma- increased costs through increased premiums, tionally and unintentionally to deride jority for finally bringing this legislation to the and that every plan will be subject to a host and humiliate many of our citizens. floor of the House for final passage. of costly new Federal rules and restrictions. H.R. 4544 is aptly named for a great Rosa’s Law follows previous Congressional Where is the oversight? Where are the woman from my home State of New action to modify the specific terms used in hearings? As the election nears, I would like

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00043 Fmt 4634 Sfmt 9920 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6854 CONGRESSIONAL RECORD — HOUSE September 22, 2010 to note that the American people seem to port for designation of September 2010 tleman from Kentucky (Mr. WHITFIELD) want a new kind of Congress, one that is will- as Blood Cancer Awareness Month, as each will control 20 minutes. ing to find its mistakes and to fix them. amended. The Chair recognizes the gentleman With that, I will urge my colleagues to sup- The Clerk read the title of the resolu- from New Jersey. port the bill before us today. tion. GENERAL LEAVE Mr. LANGEVIN. Mr. Speaker, I rise in strong The text of the resolution is as fol- Mr. PALLONE. I ask unanimous con- support of Rosa’s Law, which will replace all lows: sent that all Members may have 5 leg- references of ‘‘mental retardation’’ with the H. RES. 1433 islative days in which to revise and ex- term ‘‘intellectual disability’’ throughout the Whereas blood-related cancers currently tend their remarks and include extra- U.S. Code. afflict more than 900,000 people in the United neous material into the RECORD. I would like to first thank my colleague from States, with an estimated 150,000 new cases The SPEAKER pro tempore. Is there New York, Representative MIKE MCMAHON, diagnosed each year; objection to the request of the gen- who has been a passionate champion of end- Whereas leukemia, lymphoma, multiple tleman from New Jersey? ing discrimination against individuals with intel- myeloma, myelodysplastic syndromes, and There was no objection. lectual disabilities and lifting the stigma associ- myeloproliferative disorders will kill more Mr. PALLONE. Mr. Speaker, at this ated with the outdated and outmoded classi- than 50,000 people in the United States this time I yield such time as she may con- year; fication of an entire population. Whereas Congress, in the National Cancer sume to the lead Democratic sponsor of At the turn of the last century, the prevailing Act, established an aggressive Federal pro- the bill, the gentlewoman from Colo- sentiment in our society was that those with gram for the diagnosis, prevention, and rado (Ms. MARKEY). cognitive impairments or behavioral limitations treatment of cancer; Ms. MARKEY of Colorado. Mr. should be institutionalized—excluded from Whereas Congress has maintained a steady Speaker, I rise today in support of this mainstream society and locked away as wards investment in cancer research to answer resolution raising awareness of blood of the state. In Federal statute, they were re- basic questions about the causes of cancer cancers. I would like to thank the Rep- ferred to as ‘‘feeble-minded.’’ Of course, we and to develop new treatments for cancer; resentative from North Carolina for his have come a long way since then. Whereas the Federal investment in cancer work to bring this important resolu- research and control has contributed to im- With passage of laws like the Americans portant progress in understanding and treat- tion to the House. with Disabilities Act, ADA, and the Individuals ing some blood cancers and yielded signifi- Nearly 1 million people are currently with Disabilities Education Act, IDEA, we have cant advances in survival for some forms of afflicted with blood cancers in the taken great strides to ensure that people with blood cancer; United States and 150,000 are newly di- intellectual disabilities are afforded equal op- Whereas continued investment and innova- agnosed each year. With these num- portunities in schools and workplaces free tion is critical to the early diagnosis and the bers, we probably all know someone from discrimination, as well as supports for more effective and safer treatment for blood whose life will be affected. independent living. We have broken down cancers where research and treatment ad- I was inspired to work on this impor- vances have to date been limited; tant resolution by my staff and in- many of the exclusionary policies that rel- Whereas strategies to enhance and egated these individuals to being treated as strengthen the cancer clinical research pro- terns, many of whom have personal ex- second-class citizens. gram and boost participation in clinical periences with leukemia and other However, the U.S. Federal Code still con- trials are necessary to achieve blood cancer blood cancers. It is inspiring to see tains antiquated references to ‘‘mental retarda- treatment advances; their commitment to increasing aware- tion’’ that no longer reflect our collective val- Whereas survivors of blood cancer may ex- ness, such as my staff member, Marissa ues. This terminology has acquired a distinctly perience serious late and long-term effects of Smith, who dedicated her free time in pejorative meaning and perpetuates the stig- their treatment and may need life-long fol- honor of a friend’s mother and ran a low-up and survivorship care; half marathon with the Leukemia and ma that people with intellectual disabilities are Whereas Congress has provided strong sup- somehow inferior to others. That couldn’t be port to blood cancer research and has fo- Lymphoma Society. farther from the truth. cused special attention on increasing aware- Raising awareness of blood cancers It is time we follow in the steps of entities ness of blood cancers and intensifying the through the designation of September like the World Health Organization and the blood cancer research program; as Blood Cancer Awareness Month will U.S. Department of Health and Human Serv- Whereas the House of Representatives will help ensure that we keep in mind their ices. We must update the Federal Code to re- continue to provide support for research for widespread impact and the importance flect our true intent and evolved beliefs that in- a cure for leukemia, lymphoma, multiple of ample Federal research for funding, myeloma, myelodysplastic syndromes, and education, and research. dividuals with disabilities deserve the same re- myeloproliferative disorders; and spect and opportunities as any other human Whereas September 2010 would be an appro- I encourage my colleagues to join me being. By fostering an environment of inclu- priate month to designate as Blood Cancer in supporting this important resolu- sion and empowerment, we can provide the Awareness Month: Now, therefore, be it tion. means for every individual to fulfill his or her Resolved, That the House of Representa- Mr. WHITFIELD. Mr. Speaker, I also potential. tives— rise today in support of House Resolu- Mr. WHITFIELD. I yield back the (1) supports the designation of Blood Can- tion 1433, expressing support for the balance of my time. cer Awareness Month to enhance the under- designation of September 2010 as Blood Mr. PALLONE. Mr. Speaker, I urge standing of blood-related cancers, increase Cancer Awareness Month. support for funding research to find a cure At this time I yield such time as he passage of the bill, and I yield back the for blood cancers, encourage studies of the balance of my time. cause and prevention of blood cancers to re- may consume to the gentleman from The SPEAKER pro tempore. The duce the number of new cases, and enhance North Carolina (Mr. JONES), who was question is on the motion offered by understanding of clinical trials to boost pro- the primary sponsor of this legislation the gentleman from New Jersey (Mr. vider and patient participation and accel- and who has been a real leader on can- PALLONE) that the House suspend the erate the pace of clinical research; cer awareness in the U.S. Congress. rules and pass the bill, S. 2781. (2) encourages participation in voluntary Mr. JONES. I thank the gentleman The question was taken; and (two- activities to support blood cancer research for yielding. thirds being in the affirmative) the and education; and I want to also thank BETSY MARKEY, (3) respectfully requests the Clerk of the who just spoke, from Colorado. She has rules were suspended and the bill was House to transmit a copy of this resolution passed. to the American Society of Hematology, the worked with me hand in glove, as we A motion to reconsider was laid on International Myeloma Foundation, the should do more times than not, on the the table. Lymphoma Research Foundation, the Mul- House floor, to be honest about it, and f tiple Myeloma Research Foundation, and we were able to get over 130 cosponsors. The Leukemia & Lymphoma Society, vol- As she said, this year more than SUPPORTING BLOOD CANCER untary health organizations dedicated to 50,000 people in this country will die AWARENESS MONTH finding a cure for blood cancers. from blood-related disorder. Mr. PALLONE. Mr. Speaker, I move The SPEAKER pro tempore. Pursu- This legislation asks the House to to suspend the rules and agree to the ant to the rule, the gentleman from support this designation of September resolution (H. Res. 1433) expressing sup- New Jersey (Mr. PALLONE) and the gen- as Blood Cancer Awareness Month.

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6855 This resolution will enhance the under- ‘‘(A) the person receiving the controlled sub- (b) RULE OF CONSTRUCTION.—Nothing in this standing of blood-related cancers. Re- stance is authorized under this title to receive section shall be construed to affect the Adminis- searchers have recently made impor- and dispose of the controlled substance; and trator’s authority under other provisions of law. ‘‘(B) the delivery and disposal takes place in The SPEAKER pro tempore. Pursu- tant advancements in blood cancer re- accordance with regulations issued by the Attor- search, but these diseases need more ney General to prevent diversion of controlled ant to the rule, the gentleman from funding resources. substances. New Jersey (Mr. PALLONE) and the gen- This legislation was requested by the The regulations referred to in subparagraph (B) tleman from Kentucky (Mr. WHITFIELD) American Society of Hematology, the shall be consistent with the public health and each will control 20 minutes. International Myeloma Foundation, safety. In developing such regulations, the At- The Chair recognizes the gentleman the Lymphoma Research Foundation, torney General shall take into consideration the from New Jersey. the Multiple Myeloma Research Foun- ease and cost of program implementation and GENERAL LEAVE dation, and the Leukemia and participation by various communities. Such reg- Mr. PALLONE. I ask unanimous con- Lymphoma Society. ulations may not require any entity to establish or operate a delivery or disposal program. sent that all Members may have 5 leg- Before I close, I want to thank the ‘‘(2) The Attorney General shall, by regula- islative days in which to revise and ex- committee of jurisdiction, the chair- tion, authorize long-term care facilities, as de- tend their remarks and include extra- man on the floor today, for getting this fined by the Attorney General by regulation, to neous material in the RECORD. legislation to the floor. The end of Sep- deliver for disposal controlled substances on be- The SPEAKER pro tempore. Is there tember, I will be in Raleigh, North half of ultimate users in a manner that the At- objection to the request of the gen- Carolina, for an event called Walk the torney General determines will provide effective tleman from New Jersey? Night. There will be those who have controls against diversion and be consistent There was no objection. with the public health and safety. been cured of cancer blood diseases ‘‘(3) If a person dies while lawfully in posses- Mr. PALLONE. Mr. Speaker, I yield that will be walking. There will be sion of a controlled substance for personal use, such time as he may consume to one of those who lost loved ones because of any person lawfully entitled to dispose of the the sponsors of our legislation, a mem- blood cancer diseases; they will also be decedent’s property may deliver the controlled ber of the Energy and Commerce Com- walking. substance to another person for the purpose of mittee, the gentleman from Wash- For this Congress to do this, I will be disposal under the same conditions as provided ington (Mr. INSLEE). indebted and grateful too. Again, I in paragraph (1) for an ultimate user.’’. Mr. INSLEE. Mr. Speaker, we have a (b) CONFORMING AMENDMENT.—Section 308(b) want to thank Congresswoman BETSY of the Controlled Substances Act (21 U.S.C. good bill here, a bipartisan bill, to help MARKEY for being a cosponsor and 828(b)) is amended— us move forward to reduce the rate of thank the committees and thank the (1) by striking the period at the end of para- abuse of prescription drugs. Congress and the leadership of the graph (2) and inserting ‘‘; or’’; and Three years ago, local agencies and House, both Democrat and Republican, (2) by adding at the end the following: community leaders came to my office for getting this to the floor. ‘‘(3) the delivery of such a substance for the and told us we had this problem be- purpose of disposal by an ultimate user, long- Mr. PALLONE. Mr. Speaker, I urge cause prescription drug overdoses are passage of the bill, and I yield back the term care facility, or other person acting in ac- cordance with section 302(g).’’. rising rapidly, and there is really no balance of my time. SEC. 3. PUBLIC EDUCATION CAMPAIGN. way to dispose of legitimate prescrip- Mr. WHITFIELD. I yield back the The Director of National Drug Control Policy, tion drugs in a legal, easy-to-use fash- balance of my time. in consultation with the Administrator of the ion under our current laws. The SPEAKER pro tempore. The Environmental Protection Agency, shall carry So for 3 years now we have been question is on the motion offered by out a public education and outreach campaign working in a bipartisan fashion to the gentleman from New Jersey (Mr. to increase awareness of how ultimate users may come up with a solution, and I am very PALLONE) that the House suspend the lawfully and safely dispose of prescription happy to say that with the strong sup- drugs, including controlled substances, through rules and agree to the resolution, H. port of 55 national and regional organi- Res. 1433, as amended. drug take-back programs and other appropriate means. zations and the leadership of Chairman The question was taken; and (two- WAXMAN and Representatives STUPAK, thirds being in the affirmative) the SEC. 4. GAO REPORT. The Comptroller General of the United States MORAN and SMITH, we have found a so- rules were suspended and the resolu- shall— lution that does protect the public and tion, as amended, was agreed to. (1) collect data on the delivery, transfer, and the environment from harmful drugs. A motion to reconsider was laid on disposal of controlled substances under section You know, prescription drug abuse the table. 302(g) of the Controlled Substances Act, as really is a growing epidemic. Back in f added by section 2; and (2) not later than 4 years after the date of the my home State of Washington prescrip- SAFE DRUG DISPOSAL ACT OF 2010 enactment of this Act, submit findings and rec- tion drug overdoses have now surpassed Mr. PALLONE. Mr. Speaker, I move ommendations to the Congress regarding use, ef- car accidents as the leading cause of to suspend the rules and pass the bill fectiveness, and accessibility of disposal pro- accidental death for people ages 35 to (H.R. 5809) to amend the Controlled grams. 54. Washington has the sixth highest SEC. 5. EPA STUDY OF ENVIRONMENTAL IM- rate in the Nation of prescription drug Substances Act to provide for take- PACTS. back disposal of controlled substances abuse among 12-to 17-year-olds; and, (a) STUDY.—The Administrator of the Envi- unfortunately, today’s medicine cabi- in certain instances, and for other pur- ronmental Protection Agency (in this section re- poses, as amended. ferred to as the ‘‘Administrator’’) shall— nets have become tomorrow’s drug The Clerk read the title of the bill. (1) in consultation with relevant State and dealers’ storage sites. The text of the bill is as follows: local officials and other sources of relevant b 1750 technical expertise, conduct a study to— H.R. 5809 (A) examine the environmental impacts result- Kids are abusing leftover prescription Be it enacted by the Senate and House of Rep- ing from the ultimate disposal of controlled sub- drugs and getting addicted or, in the resentatives of the United States of America in stances through existing methods; worst cases, dying. Just yesterday, Congress assembled, (B) taking into consideration such impacts, nine middle school children in Brem- SECTION 1. SHORT TITLE. and the ease and cost of implementation of drug erton, Washington, were hospitalized This Act may be cited as the ‘‘Safe Drug Dis- take-back programs and participation in such posal Act of 2010’’. programs by various communities, formulate ap- after popping prescription pills that SEC. 2. DELIVERY OF CONTROLLED SUBSTANCES propriate recommendations on the destruction or one student brought to school from BY ULTIMATE USERS FOR DISPOSAL. ultimate disposal of prescription drugs, includ- home. (a) REGULATORY AUTHORITY.—Section 302 of ing controlled substances; and So in Washington State, local agen- the Controlled Substances Act (21 U.S.C. 822) is (C) identify additional authority needed to cies and community groups like Group amended by adding at the end the following: carry out such recommendations if the Adminis- Health and Bartell Drugs have tackled ‘‘(g)(1) An ultimate user who has lawfully ob- trator determines that the Administrator’s exist- this problem head-on and have devel- tained a controlled substance in accordance ing legal authorities are insufficient to imple- with this title may, without being registered, de- ment such recommendations; and oped successful pilot safe drug disposal liver the controlled substance to another person (2) not later than 18 months after the date of programs. These brick and mortar for the purpose of disposal of the controlled sub- the enactment of this Act, submit a report to the drop-off locations and mail-back pro- stance if— Congress on the results of such study. grams give communities of all sizes an

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6856 CONGRESSIONAL RECORD — HOUSE September 22, 2010 easy disposable system to dispose of safely returned to drug stores because maybe even by the Senate, which unneeded drugs. But these programs of regulatory difficulties. In many would be phenomenal. So, Mr. Speaker, have gone as far as they can, and right cases, you have to have a police officer we thank all those who cosponsored now they face the legal walls to grow there overseeing the return of the this, and let’s hope it becomes law very these programs to make them more ef- drugs. quickly. fective and easier for our communities This will get over those restrictions Mr. SMITH of Texas. Mr. Speaker, Ameri- to use. and allow a process to happen which is cans are abusing prescription drugs at alarm- So, we now have a commonsense so- terribly important, because we should ing rates and a major source for this abuse is lution, which is this bill, and we need all know that drug abuse is not limited the unused or expired drugs in our medicine to make sure these programs are put in to street corner illegal drug purchases, cabinets, nursing homes, and hospitals. Pre- place for all prescription drugs to keep that, in fact, the abuse of prescription scription drugs are now surpassing most ille- these powerful substances off the drugs is a large part of America’s drug gal drugs as the drug of choice for abusers streets and out of our drinking water. problem, particularly among young across America. This legislation will solve those prob- people. One study has shown that, in The Office of National Drug Control Policy lems. the last decade, nonmedical use of pre- reports that ‘‘prescription drugs account for the I want to note one success of this scription drugs increased by almost 100 second most commonly abused category of bill. BART STUPAK and others have been percent; and among adolescents be- drugs, behind marijuana, and ahead of co- really great leaders in designing a pro- tween the ages of 12 and 17, it increased caine, heroin, methamphetamine, and other gram that would be flexible and easy by more than 200 percent. drugs.’’ for communities to use. We wanted to Too many of our young people are The most commonly abused prescription make sure that we got communities to raiding the family medicine cabinet to drugs are opioid painkillers, such as Oxycontin design their programs so that they obtain prescription drugs like and Percocet and morphine. Accidental deaths would have a multiple suite of different OxyContin, Ritalin, and Valium. And, caused by the abuse of such opioid painkillers systems to use on how to run these pro- of course, it doesn’t just affect those now outnumber deaths caused by the use of grams. I want to congratulate Bart and individuals, and it’s not harmless. It cocaine and heroin. others in helping us fashion this. clearly is leading to an increase in Today, an estimated seven million Ameri- And with that, I urge our support for criminal behavior. cans abuse prescription drugs. The National H.R. 5809. We find that about 600,000 emergency Survey on Drug Use and Health found that the Mr. WHITFIELD. I yield myself such department visits over a year involved non-medical use of prescription drugs in- time as I may consume. the nonmedical use of prescription or creased by 12 percent in 2009. Pain killers Mr. Speaker, I rise also in support of over-the-counter drugs or dietary sup- and other highly addictive prescription drugs the Safe Drug Disposal Act, and cer- plements. It’s a substantial increase have become increasingly popular with Amer- tainly I want to thank Mr. INSLEE for year after year. About one-third of the ica’s teenagers. his leadership and Mr. MORAN, Mr. visits result in hospital admissions. In The Centers for Disease Control reports that PALLONE, and many others. fact, 1,365 of those emergency visits 20 percent of teens have admitted to taking Two months ago, I was invited by have resulted in the death of the pa- prescription drugs without a prescription. Un- Sheriff Carter of Allen County, Ken- tient, oftentimes young people. And fortunately, many teens believe these drugs, tucky, to a meeting of concerned citi- that’s where we see the biggest prob- because they are available by prescription, are zens in that little community, and lem—fatalities in children 13 to 19 less dangerous than illegal drugs. Sadly, this what they wanted to talk about was years of age. can often be a deadly misconception. prescription drug abuse. And not only So this will allow local communities And a major source of prescription drugs is is it a problem in Washington State; to create drug disposal programs. As leftover, unused and expired drugs in our own it’s a problem in Kentucky, and it’s a Mr. INSLEE and Mr. WHITFIELD had homes and healthcare facilities. The Justice problem throughout this entire coun- mentioned, it gives consumers a safe Department reports that prescription drug try. way to dispose of unneeded pharma- abuse is most prevalent among 18- to 25- We are fortunate that many phar- ceuticals, including controlled sub- year-olds, and most of these drugs are ac- macies, States, and localities have es- stances. A number of the most respon- quired for free from family and friends. tablished prescription drug take-back sible pharmacies have asked for this. The solution is safe and accessible drug programs; but, unfortunately, they are The pharmacists say they want to be disposal. Law enforcement agencies and phar- unable to take back controlled sub- constructive in this process and pre- macies across the country are now sponsoring stances due to a technical reading of vent this illegal and oftentimes fatal drug disposal or ‘‘take-back’’ programs to col- the Controlled Substances Act. This use of prescription drugs on the part of lect unused and expired prescription drugs. legislation will correct that and will young children. But these programs are at the mercy of a allow a take-back program to also This is a very important piece of leg- loophole in federal law that prevents individ- apply to controlled substances. And by islation. It will save lives. It’s the right uals from legally disposing of controlled pre- passing this legislation, these pro- thing to do. scription drugs. The Comprehensive Drug grams will help further reduce the like- I just want to mention one other Abuse Prevention and Control Act of 1970 or lihood of prescription drugs being di- thing that involves our Interior and ‘‘CSA’’ utilizes a registration system for the verted to those to whom they were not Environment Appropriations Sub- distribution of controlled substances. prescribed. committee. We are finding that one of Individuals are exempted from the registra- I’m delighted that we are bringing the things that is leading to very seri- tion requirement in order to receive a prescrip- this legislation to the floor, and I look ous problems with water quality is the tion from their doctor to fill at their local phar- forward to its passage and would urge fact that prescription medications are macy. But the CSA does not authorize individ- all of our Members to vote for it. winding up in our water supply because uals to dispose of their unused or expired I reserve the balance of my time. our sewage treatment centers don’t drugs to a ‘‘take-back’’ program. Mr. PALLONE. Mr. Speaker, I yield have the ability to screen them out, so H.R. 5809, the Safe Drug Disposal Act, in- such time as he may consume to my they go right into the water supply troduced by Mr. INSLEE, Mr. STUPAK, and my- friend from Virginia (Mr. MORAN). that leads to drinking water. And we self, corrects this anomaly in the law. Once Mr. MORAN of Virginia. Mr. Speak- think that that is a source of some of this bill is enacted, patients and long-term care er, I thank my good friend from New the problems we find with endocrine- facilities will be able to legally dispose of their Jersey for yielding me the time, as well disrupting chemicals that block or controlled prescription drugs. as his friendship, as well as the distin- mimic natural hormones. And we see H.R. 5809 establishes a public education guished gentleman from Kentucky (Mr. that in a number of fish, particularly campaign within the Office of National Drug WHITFIELD). And I want to recognize the fish in the Potomac River. This is Control Policy to increase awareness of the Mr. INSLEE for introducing this legisla- one of the problems. availability of drug take-back programs in their tion. So we are addressing a number of communities. The bill also directs the General We share a deep concern about the issues with this legislation. I trust that Accountability Office to study the availability use of medications which are not being it will be passed unanimously, and and effectiveness of drug disposal programs.

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00046 Fmt 4634 Sfmt 9920 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6857 Finally, the bill directs the Environmental maining electronic vote will be con- Tanner Tsongas Waxman Protection Agency to study the environmental ducted as a 5-minute vote. Taylor Visclosky Weiner Teague Walz Welch impacts of the disposal of prescription drugs. f Thompson (CA) Wasserman Woolsey It is imperative that Congress provide for the Thompson (MS) Schultz Wu safe disposal of these highly-addictive and Tierney Waters Yarmuth COLTSVILLE NATIONAL Titus Watson dangerous drugs. Without this change to our HISTORICAL PARK ACT Tonko Watt federal drug laws, prescription pain killers and The SPEAKER pro tempore. The un- sedatives will linger in medicine cabinets NAYS—174 finished business is the vote on the mo- across the country, easily accessible to teen- Aderholt Frelinghuysen Mitchell tion to suspend the rules and pass the agers wishing to experiment or adults who be- Akin Gallegly Moran (KS) bill (H.R. 5131) to establish Coltsville come dependent. Alexander Garrett (NJ) Murphy, Tim National Historical Park in the State Austria Gerlach Myrick I urge my colleagues to support this legisla- of Connecticut, and for other purposes, Bachmann Gingrey (GA) Neugebauer tion. Bachus Gohmert Nunes Mr. STUPAK. Mr. Speaker, I rise in support as amended, on which the yeas and Bartlett Goodlatte Olson of this legislation. nays were ordered. Barton (TX) Granger Owens The Clerk read the title of the bill. Bean Graves (GA) Paul Millions of Americans are prescribed nar- Biggert Graves (MO) Paulsen cotics for postoperative pain, bone fractures, The SPEAKER pro tempore. The Bilbray Griffith Pence and other ailments each year. However, most question is on the motion offered by Bilirakis Guthrie Petri patients do not consume all the prescriptions the gentlewoman from the Virgin Is- Blackburn Hall (TX) Pitts lands (Mrs. CHRISTENSEN) that the Blunt Harper Platts they are prescribed. Bonner Hastings (WA) Poe (TX) These drugs remain in drug cabinets for House suspend the rules and pass the Bono Mack Heller Posey years, easily accessible to teens wishing to bill, as amended. Boozman Hensarling Price (GA) The vote was taken by electronic de- Boustany Herger Putnam experiment with drugs. Brady (TX) Hoekstra Rehberg The Controlled Substances Act regulates vice, and there were—yeas 215, nays Bright Hunter Reichert prescription narcotics through a registration 174, not voting 43, as follows: Broun (GA) Inglis Roe (TN) system. However, the Controlled Substance [Roll No. 532] Brown (SC) Issa Rogers (AL) Brown-Waite, Jenkins Rogers (KY) Act currently exempts patients from this reg- YEAS—215 Ginny Johnson (IL) Rogers (MI) istration requirement. Ackerman Frank (MA) McGovern Buchanan Johnson, Sam Rohrabacher H.R. 5809 allows individuals to dispose of Adler (NJ) Fudge McIntyre Burgess Jordan (OH) Rooney unused prescription controlled substances to a Altmire Garamendi McMahon Burton (IN) King (IA) Ros-Lehtinen Andrews Giffords McNerney Buyer King (NY) Roskam recipient authorized by the DEA. The bill also Arcuri Gonzalez Meek (FL) Calvert Kingston Royce authorizes the Attorney General to promulgate Baca Gordon (TN) Melancon Camp Kline (MN) Ryan (WI) regulations for the lawful disposal of prescrip- Baird Grayson Michaud Campbell Lamborn Scalise tion controlled substances by a long-term care Baldwin Green, Al Miller (NC) Cantor Lance Schmidt Becerra Green, Gene Minnick Cao Latham Schock facility. Berkley Grijalva Moore (KS) Capito LaTourette Sensenbrenner H.R. 5809 also clarifies that the DEA regula- Berman Halvorson Moran (VA) Cassidy Latta Sessions tions set forth in this legislation may not re- Bishop (GA) Hare Murphy (CT) Castle Lee (NY) Shadegg Chaffetz Lewis (CA) Shimkus quire any entity to establish a drug take-back Bishop (NY) Harman Murphy, Patrick Boccieri Hastings (FL) Napolitano Coble Linder Shuster program. Boswell Heinrich Neal (MA) Coffman (CO) LoBiondo Simpson I want to thank my friend and colleagues, Boyd Herseth Sandlin Nye Cole Lucas Smith (NE) JAY INSLEE, LAMAR SMITH and other colleagues Braley (IA) Higgins Oberstar Conaway Luetkemeyer Smith (NJ) Brown, Corrine Hill Olver Cooper Lummis Smith (TX) on both sides of the aisle for their hard work Capps Himes Ortiz Costa Lungren, Daniel Stearns and commitment to empowering patients to Capuano Hinchey Pallone Crenshaw E. Sullivan help prevent prescription drug abuse, espe- Cardoza Hinojosa Pascrell Culberson Mack Terry cially amongst our youth. Carnahan Hirono Pastor (AZ) Davis (KY) Manzullo Thompson (PA) Carson (IN) Holden Payne Dent Marchant Thornberry I urge my colleagues to vote in support of Castor (FL) Holt Perlmutter Diaz-Balart, L. McCarthy (CA) Tiahrt the legislation. Chandler Honda Perriello Diaz-Balart, M. McCaul Tiberi Mr. WHITFIELD. I urge passage of Childers Hoyer Peters Djou McClintock Turner this bill, and I yield back the balance Chu Inslee Peterson Dreier McCotter Upton Clarke Jackson Lee Pingree (ME) Duncan McHenry Walden of my time. Clay (TX) Polis (CO) Ehlers McKeon Wamp Mr. PALLONE. Mr. Speaker, I urge Cleaver Johnson (GA) Pomeroy Emerson McMorris Westmoreland passage, and I yield back the balance of Clyburn Johnson, E. B. Price (NC) Fleming Rodgers Whitfield my time. Cohen Jones Quigley Forbes Mica Wilson (SC) Connolly (VA) Kagen Rahall Fortenberry Miller (FL) Wittman The SPEAKER pro tempore. The Conyers Kanjorski Reyes Foxx Miller (MI) Wolf question is on the motion offered by Costello Kaptur Richardson Franks (AZ) Miller, Gary Young (AK) the gentleman from New Jersey (Mr. Courtney Kennedy Rodriguez NOT VOTING—43 PALLONE) that the House suspend the Critz Kildee Ross Crowley Kilroy Rothman (NJ) rules and pass the bill, H.R. 5809, as Barrett (SC) Flake Nadler (NY) Cuellar Kind Roybal-Allard Barrow Gutierrez Obey amended. Cummings Kirkpatrick (AZ) Ruppersberger Berry Hall (NY) Radanovich Dahlkemper Kissell Rush The question was taken; and (two- Bishop (UT) Hodes Rangel Davis (CA) Klein (FL) Ryan (OH) thirds being in the affirmative) the Blumenauer Israel Sa´ nchez, Linda Davis (IL) Kosmas Salazar rules were suspended and the bill, as Boehner Jackson (IL) T. Davis (TN) Kratovil Sanchez, Loretta Boren Kilpatrick (MI) amended, was passed. DeFazio Kucinich Sarbanes Schrader Boucher Kirk Shea-Porter DeGette Langevin Schakowsky Brady (PA) Lowey A motion to reconsider was laid on Space Delahunt Larsen (WA) Schauer Butterfield Maloney the table. Towns DeLauro Larson (CT) Schiff Carney Meeks (NY) Van Hollen f Deutch Lee (CA) Schwartz Carter Miller, George Dicks Levin Scott (GA) Vela´ zquez ANNOUNCEMENT BY THE SPEAKER Davis (AL) Mollohan Dingell Lewis (GA) Scott (VA) Engel Moore (WI) Wilson (OH) PRO TEMPORE Doggett Lipinski Serrano Fallin Murphy (NY) Young (FL) Donnelly (IN) Loebsack Sestak The SPEAKER pro tempore. Pursu- Doyle Lofgren, Zoe Sherman ant to clause 8 of rule XX, proceedings Driehaus Luja´ n Shuler b 1833 will resume on motions to suspend the Edwards (MD) Lynch Sires Edwards (TX) Maffei Skelton Mr. UPTON, Mrs. CAPITO, Ms. rules previously postponed. Ellison Markey (CO) Slaughter Votes will be taken in the following Ellsworth Markey (MA) Smith (WA) GRANGER, Ms. ROS-LEHTINEN, order: Eshoo Marshall Snyder Messrs. LATOURETTE, CASTLE, H.R. 5131, by the yeas and nays; and Etheridge Matheson Speier BRADY of Texas, STEARNS, DANIEL H.R. 3470, by the yeas and nays. Farr Matsui Spratt E. LUNGREN of California, and BACH- Fattah McCarthy (NY) Stark The first electronic vote will be con- Filner McCollum Stupak US changed their vote from ‘‘yea’’ to ducted as a 15-minute vote. The re- Foster McDermott Sutton ‘‘nay.’’

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6858 CONGRESSIONAL RECORD — HOUSE September 22, 2010 Messrs. TONKO, ALTMIRE, and Ms. Kilroy Moore (KS) Schock ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE SPEIER changed their vote from Kind Moran (KS) Schrader The SPEAKER pro tempore (during King (NY) Moran (VA) Schwartz ‘‘nay’’ to ‘‘yea.’’ Kirkpatrick (AZ) Murphy (CT) Scott (GA) the vote). There are 2 minutes remain- So (two-thirds not being in the af- Kissell Murphy, Patrick Scott (VA) ing in this vote. firmative) the motion was rejected. Klein (FL) Murphy, Tim Serrano Kosmas Myrick b 1843 The result of the vote was announced Sestak Kratovil Napolitano Sherman Messrs. HALL of Texas and as above recorded. Kucinich Neal (MA) Shimkus GOHMERT changed their vote from Lance Nye Shuler f Langevin Olver Simpson ‘‘yea’’ to ‘‘nay.’’ Larsen (WA) Ortiz Sires Mrs. SCHMIDT, Mrs. MCMORRIS NATIONALLY ENHANCING THE Larson (CT) Owens Skelton Latham Pallone RODGERS and Mr. STEARNS changed WELLBEING OF BABIES Slaughter their vote from ‘‘nay’’ to ‘‘yea.’’ LaTourette Pascrell Smith (NJ) THROUGH OUTREACH AND RE- Latta Pastor (AZ) Smith (TX) So (two-thirds being in the affirma- Lee (CA) Paulsen SEARCH NOW ACT Smith (WA) tive) the rules were suspended and the Lee (NY) Payne Snyder The SPEAKER pro tempore (Mrs. Levin Pence bill, as amended, was passed. Speier DAHLKEMPER). The unfinished business Lewis (CA) Perlmutter The result of the vote was announced Spratt Lewis (GA) Perriello is the vote on the motion to suspend Stark as above recorded. Lipinski Peters Stearns A motion to reconsider was laid on the rules and pass the bill (H.R. 3470) to LoBiondo Peterson Stupak authorize funding for the creation and Loebsack Pingree (ME) the table. Sutton Lofgren, Zoe Pitts implementation of infant mortality Tanner f pilot programs in standard metropoli- Luetkemeyer Platts Luja´ n Polis (CO) Taylor PERSONAL EXPLANATION tan statistical areas with high rates of Lungren, Daniel Pomeroy Teague infant mortality, and for other pur- E. Price (NC) Terry Mr. GUTIERREZ. Madam Speaker, I was poses, as amended, on which the yeas Lynch Putnam Thompson (CA) unavoidably absent for votes in the House Maffei Quigley Thompson (MS) and nays were ordered. Thompson (PA) Chamber today. Had I been present, I would Markey (CO) Rahall have voted ‘‘yea’’ on rollcall votes 532 and The Clerk read the title of the bill. Markey (MA) Rehberg Tiberi The SPEAKER pro tempore. The Marshall Reichert Tierney 533. Titus question is on the motion offered by Matheson Reyes f Matsui Richardson Tonko the gentleman from New Jersey (Mr. McCarthy (NY) Rodriguez Tsongas REPORT ON RESOLUTION PRO- PALLONE) that the House suspend the McCaul Roe (TN) Turner VIDING FOR CONSIDERATION OF rules and pass the bill, as amended. McCollum Rogers (KY) Upton McCotter Rogers (MI) Visclosky SENATE AMENDMENT TO H.R. This is a 5-minute vote. McDermott Rooney Walz 5297, SMALL BUSINESS JOBS ACT The vote was taken by electronic de- McGovern Ros-Lehtinen Wamp OF 2010 vice, and there were—yeas 324, nays 64, McHenry Roskam Wasserman Schultz Mr. PERLMUTTER, from the Com- not voting 44, as follows: McIntyre Ross McKeon Rothman (NJ) Waters mittee on Rules, submitted a privi- [Roll No. 533] McMahon Roybal-Allard Watson leged report (Rept. No. 111–621) on the YEAS—324 McMorris Ruppersberger Watt Rodgers Rush Waxman resolution (H. Res. 1640) providing for Ackerman Castle Farr McNerney Ryan (OH) Weiner consideration of the Senate amend- Aderholt Castor (FL) Fattah Meek (FL) Ryan (WI) Welch ment to the bill (H.R. 5297) to create Adler (NJ) Chandler Filner Melancon Salazar Whitfield the Small Business Lending Fund Pro- Alexander Childers Forbes Michaud Sanchez, Loretta Wilson (SC) Altmire Chu Fortenberry Miller (MI) Sarbanes Wittman gram to direct the Secretary of the Andrews Clarke Foster Miller (NC) Scalise Wolf Treasury to make capital investments Arcuri Clay Frank (MA) Miller, Gary Schakowsky Woolsey in eligible institutions in order to in- Austria Cleaver Franks (AZ) Miller, George Schauer Wu Baca Clyburn Frelinghuysen Minnick Schiff Yarmuth crease the availability of credit for Bachus Coble Fudge Mitchell Schmidt Young (AK) small businesses, to amend the Inter- Baird Coffman (CO) Gallegly nal Revenue Code of 1986 to provide tax Baldwin Cohen Garamendi NAYS—64 Bartlett Cole Gerlach incentives for small business job cre- Barton (TX) Connolly (VA) Giffords Akin Hastings (WA) Neugebauer ation, and for other purposes, which Bachmann Hensarling Bean Conyers Gordon (TN) Nunes was referred to the House Calendar and Becerra Cooper Graves (MO) Bishop (UT) Herger Olson Berkley Costa Grayson Brady (TX) Hoekstra Paul ordered to be printed. Berman Costello Green, Al Broun (GA) Hunter Petri f Biggert Courtney Green, Gene Burton (IN) Issa Posey Bilbray Crenshaw Griffith Campbell Jenkins Price (GA) REMOVAL OF NAME OF MEMBER Bilirakis Critz Grijalva Cantor Jordan (OH) Rogers (AL) AS COSPONSOR OF H.R. 413 Carter King (IA) Bishop (GA) Crowley Guthrie Rohrabacher Chaffetz Kingston Bishop (NY) Cuellar Halvorson Royce Mr. POE of Texas. Madam Speaker, I Conaway Kline (MN) Blackburn Cummings Hare Sensenbrenner ask unanimous consent to remove my Culberson Lamborn Blunt Dahlkemper Harper Sessions name as a cosponsor of H.R. 413. Boccieri Davis (CA) Hastings (FL) Duncan Linder Fleming Lucas Shadegg The SPEAKER pro tempore. Is there Boehner Davis (IL) Heinrich Shuster Bonner Davis (KY) Heller Foxx Lummis objection to the request of the gen- Smith (NE) Bono Mack Davis (TN) Herseth Sandlin Garrett (NJ) Mack Sullivan tleman from Texas? Boozman DeFazio Higgins Gingrey (GA) Manzullo Thornberry There was no objection. Boswell DeGette Hill Gohmert Marchant Boustany Delahunt Himes Goodlatte McCarthy (CA) Tiahrt f Boyd DeLauro Hinchey Granger McClintock Walden Braley (IA) Dent Hinojosa Graves (GA) Mica Westmoreland IMMIGRATION TIDE HAS TURNED Bright Deutch Hirono Hall (TX) Miller (FL) AGAINST OBAMA Brown (SC) Diaz-Balart, L. Holden Brown, Corrine Diaz-Balart, M. Holt NOT VOTING—44 (Mr. SMITH of Texas asked and was Brown-Waite, Dingell Honda Barrett (SC) Gutierrez Nadler (NY) given permission to address the House Ginny Djou Hoyer Barrow Hall (NY) Oberstar for 1 minute and to revise and extend Buchanan Doggett Inglis Berry Harman Obey his remarks.) Burgess Donnelly (IN) Inslee Blumenauer Hodes Poe (TX) Buyer Doyle Jackson Lee Boren Israel Radanovich Mr. SMITH of Texas. Madam Speak- Calvert Dreier (TX) Boucher Jackson (IL) Rangel er, the immigration tide has turned Camp Driehaus Johnson (GA) Brady (PA) Johnson, Sam Sa´ nchez, Linda against the administration. A recent Cao Edwards (MD) Johnson (IL) Butterfield Kilpatrick (MI) T. Capito Edwards (TX) Johnson, E. B. Carney Kirk Shea-Porter Quinnipiac poll found that 60 percent of Capps Ehlers Jones Davis (AL) Lowey Space voters disapprove of the way President Capuano Ellison Kagen Dicks Maloney Towns Obama is handling illegal immigration. Cardoza Ellsworth Kanjorski Engel Meeks (NY) Van Hollen Fifty percent of Democrats and 87 per- Carnahan Emerson Kaptur Fallin Mollohan Vela´ zquez Carson (IN) Eshoo Kennedy Flake Moore (WI) Wilson (OH) cent of Republicans now agree that im- Cassidy Etheridge Kildee Gonzalez Murphy (NY) Young (FL) migration reform should, quote, ‘‘move

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6859 in the direction of stricter enforcement United States Naval Civil Affairs. Barely a year Strategic Economic Development Council. of laws against illegal immigration.’’ later the teenager became chief telephone op- David is also a former member of the Rotary While the Obama administration sues erator for the military government. And the Club of Guam, a former president of the to stop Arizona’s immigration enforce- young David got back to school, attending the Guam Chapter of the Navy League of the ment law, a CBS poll shows that 73 per- Navy Dependent School on until it United States, a founder and current member cent of Americans now say the law is closed in 1951, then moving to Guam to com- of the Rotary Club of Saipan, a director of the just right or doesn’t go far enough. plete his education at George Washington Make-A-Wish Foundation for Guam and the Across the country, candidates are High School. Northern , state chairman for running on pro-enforcement, no am- David’s first private-sector employment was Employer Support of the Guard and Reserve, nesty platforms. While the Obama ad- with the Atkins Kroll group in Guam, where he and district chairman for the Boy Scouts of ministration is moving in one direc- was hired as a traffic clerk in the steamship America. tion, the American people are moving department in 1952. He subsequently worked His deep commitment to the Commonwealth in the other. in the company’s merchandising department and Guam communities has been recognized f and automotive department, rising to be sales repeatedly over the years. Mr. Sablan has manager. In 1961, David was hired by Bank of been named the Saipan Chamber of Com- A TRIBUTE TO DAVID MANGARERO Hawaii as a loan administrator and was even- merce Businessperson of the Year, the Guam SABLAN tually appointed assistant branch manager of Business Executive of the Year, and the Ro- (Mr. SABLAN asked and was given the bank’s Guam office. tary Club of Saipan Citizen of the Year. permission to address the House for 1 In 1965, Atkins Kroll offered David a chal- David and his wife of 27 years, Rita C. minute and to revise and extend his re- lenge that would lead to his return home: es- Sablan, are the parents of five children: David marks.) tablish an Atkins Kroll operations base in Jr., Victoria, Patricia, Stephen, and Deanna. Mr. SABLAN. Madam Speaker, I rise Saipan with jurisdictional responsibilities for f today to pay tribute to David the Micronesian market. David successfully PASS THE DREAM ACT Mangarero Sablan, who has served the established the company’s Saipan office, later (Ms. JACKSON LEE of Texas asked with honor branded as Microl Corporation in Saipan, and and was given permission to address and distinction as a business leader, a led the company’s growth through the acquisi- the House for 1 minute and to revise community leader, and in numerous tion of exclusive Toyota distribution rights for appointed positions for both the Com- and extend her remarks.) Saipan, Guam, and , and the fur- Ms. JACKSON LEE of Texas. Madam monwealth and the Federal Govern- ther diversification of the company’s business Speaker, I heard quite the contrary ment. to include insurance and shipping. from my good friend on the other side Mr. Sablan is of the generation born David remained with Atkins Kroll/Microl Cor- of the aisle. In fact, I listened to a very during Japanese times. But it was the poration until 1979, when he accepted a job eloquent comment being made in the coming of the Americans that coin- as an economic consultant to the Common- other body as they discussed the cided with his rise to leadership. At the wealth legislature. In 1982, the Common- DREAM Act. And many Americans un- age of 13, he was already chief tele- wealth governor appointed him Special Assist- derstand and appreciate the value of phone operator for the American mili- ant for Planning and Budget. Later that year, legislation that would allow young peo- tary government, and by 30 in charge David was tapped once again to return to ple who have lived here and graduated of Atkins Kroll company expansions Microl Corporation, where he served as Presi- with honors and high marks to be able throughout Micronesia, selling auto- dent and Chief Executive Officer until 1986, to go to college even if they came with mobiles, insurance, and shipping serv- when he retired after a total of 31 years of their parents undocumented, to allow ices. service. Also in 1986, David was designated them to access citizenship, to pay back In government service, David Sablan by President Ronald Reagan to serve on the their dues to the American people, to was designated by President Ronald Northern Mariana Islands Commission on Fed- give of their talents to make this eco- Reagan to serve on the Northern Mar- eral Laws. nomic engine run and to serve their iana Islands Commission on Federal After leaving Atkins Kroll/Microl, David country. Laws and by governors of our Common- moved to Modesto, California and established There was an amazing story re- wealth as head of the Planning and his own trading company to serve the Micro- counted of a young man who tried over Budget Office. nesian market. In 1990, the newly-elected and over again to be able to join the His commitment to the community governor of the Commonwealth appointed United States military and was re- is evidenced in his work with the David to head the Planning and Budget Office, jected over and over again because of Chamber, the Rotary, Make-a-Wish, where he served until 1993, when he was his undocumented status. By some and Boy Scouts of America. hired to run a subsidiary of Tan Holdings Cor- manner he managed to go on to school The Northern Mariana Islands salute poration, one of the largest privately-owned and enter into law school. Now, even as David Mangarero Sablan. companies in the Asia-Pacific Region. David a person that is still seeking the appro- Madam Speaker, I rise today to pay tribute continues to represent Tan Holdings as the priate status, he still wants to join the to David Mangarero Sablan, who has served president of Century Insurance Company, Marine Corps. the Northern Mariana Islands with honor and Century Tours, and Century Travel; the vice- The DREAM Act is the right kind of distinction as a business leader, a community president of CTSI Logistics, Asia-Pacific Air- comprehensive immigration reform, or leader, and in numerous appointed positions lines, and Cosmos Distributing; and the vice- part of it. It is time to move forward. for both the Commonwealth and United States chairman of the board of Asia Pacific Hotels. f governments. Since 1968, David has also been a leader The son of Elias Parong and Carmen of the Commonwealth’s tourism industry. He RECOGNIZING 10TH ANNUAL Mangarero Sablan, David was born in was a founder, president, and part owner of FOOTY’S BUBBLES AND BONES , Saipan on April 2, 1932, during the Pacific Micronesia Corporation, which owned GALA Japanese occupation of the Northern Mariana the Saipan Beach Inter-Continental Hotel; a (Ms. ROS-LEHTINEN asked and was Islands. He attended the Japanese public ele- founder, president, and part owner of Tasi given permission to address the House mentary school from 1937 to 1944, when his Tours and Transportation; a board member of for 1 minute and to revise and extend life was disrupted by the invasion of American the Pacific Asia Travel Association, and a her remarks.) forces. David’s family, along with much of the long-time board member of the Marianas Visi- Ms. ROS-LEHTINEN. Madam Speak- native Chamorro and Carolinian population of tors Authority. er, I am so proud to rise tonight to rec- Saipan, fled to caves in the hills for protection David’s commitment to the development of ognize South Florida’s own Joseph from artillery bombardment and the battles the regional economies and business commu- ‘‘Pepe’’ Badia, the president of Badia’s being waged across the island. The family nities is similarly extensive. He was a long- Spices, who will be honored on October lived packed in a cave with 50 other civilians time member and director of the Guam Cham- 8 for his many contributions to our for three weeks with only sugarcane to eat. ber of Commerce; a long-time member, three- community at the 10th annual Bubbles Once the fighting ended in September 1944, time president, and current board member of & Bones gala. the twelve-year-old David was hired to be a the Saipan Chamber of Commerce; and a Pepe’s life is the classic story of a messenger for the Supply Department of the long-time member of the Commonwealth’s refugee in the United States, the land

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6860 CONGRESSIONAL RECORD — HOUSE September 22, 2010 of opportunity. Pepe came as a lone 14- these facilities, too, demanded nursing nurses who worked at the aging naval hospital year-old Hispanic immigrant who, staff. gladly transferred to the brand new Dr. Torres through hard work and determination, Training was made available at a se- Hospital on As Terlaje Hill on Saipan. Dr. has become the leader of one of the ries of schools through Micronesia, Torres Hospital was a civilian-run, eighty-four largest and fastest growing spice com- raising the skills of our native nurses. bed inpatient and outpatient care facility where panies in the United States. Pepe’s ac- From 1944 to 1978, some 250 of our local nurses could, with seniority and patience, de- complishments will be highlighted at people found work in nursing. velop a specialized practice, in surgery or ob- an event in South Florida by John We, the people of the Northern Mar- stetrics for example. Kross, known as Footy, and this will iana Islands, salute these nurses and The population in the Northern Mariana Is- benefit Here’s Help, a nonprofit sub- thank them for their professionalism, lands was growing now and there was a cor- stance abuse treatment facility which courage and service. responding growth in the demand for nurses. assists over 300 inner city youths. Madam Speaker, to begin the story of the Health centers on Tinian and Rota had been Congratulations to our very own Jo- pioneer, native nurses of the Northern Mariana built and were expanding. And public health seph ‘‘Pepe’’ Badia, a great civic activ- Islands, one must go back to the late 1930s dispensaries were opened in some villages on ist in South Florida. and early 1940s, to the tiempon Hapones or Saipan, all of them staffed by nurses. Japanese times in the Marianas. In those days f Nursing remained one of the few profes- nursing was one of the few professions open sions open to women. It still had its attrac- RECOGNIZING PERIPHERAL ARTE- to our local women and so attracted attention. tions: a regular salary, the status that the RIAL DISEASE AWARENESS But the realities of the work meant that only nurse’s uniform conveyed. But at its heart MONTH those whose hearts, minds, and bodies were nursing also remained—and remains—gruel- (Mr. PAULSEN asked and was given strong could meet the arduous challenges and ing work that demanded strength of mind and permission to address the House for 1 strict discipline required. It is believed that body, an attention to detail and self-discipline. minute and to revise and extend his re- Mrs. Rosa Blanco Camacho, now almost nine- We, the people of the Northern Mariana Is- marks.) ty, is the only one of these pre-war nurses lands, appreciate and salute the following Mr. PAULSEN. Madam Speaker, I alive today. nurses, who served from 1944 to 1978, for rise tonight to take a moment to rec- World War II changed everything. The Mari- their professionalism, courage, and service: ognize September as Peripheral Arte- anas were the site of some of the bloodiest Dolores Reyes Agulto, Joaquin Santos rial Disease (PAD) Awareness Month. battles in the Pacific. After the invasion, the is- Aguon, Jesus Castro Aldan, Jose Palacios PAD is a very dangerous and increas- land of Saipan was a wasteland, littered with Aldan, Josepha Castro Aldan, Merced Deleon ingly common illness that affects ap- thousands of military and civilian casualties. Guerrero Aldan, Vicente Matagolai Aldan, Estefania Rabauliman Amirez, Dionisia proximately 9 million Americans every Makeshift field hospitals were hastily erected, and young native women—and men—were Taitano Apatang, Lucia Villagomez Arizapa, year. Yet a recent study showed that Elena Camacho Arriola, Jesus Saimon only 25 percent of people are even quickly enlisted to assist military medical per- Arriola, Magdalena Demapan Arriola, Maria aware of its existence. sonnel in caring for the wounded and dying. Kokure Arriola, Maria Benavente Atalig, That’s why I have introduced House On-the-job field training for these native Maria Hocog Atalig, Rosina Ayuyu Atalig, Resolution 1438, which aims to promote nurses and corpsmen was the order of the Rosario Imamura Atlaig, Rosario Cabrera increased awareness and diagnosis of day. Besides the challenge of learning how to Attao, Teresita San Nicolas Attao, Rosa peripheral arterial disease to address take care of the wounded, these native re- Litulumar Ayuyu, Carmen Nekai Babauta, Maria Lizama Babauta, Roberto San Nicolas the high mortality rate of this treat- cruits faced a more basic obstacle: they had to learn how to communicate in English. Few Babauta, Urbano Crisostimo Babauta, able disease. PAD occurs when arteries Teresita Atalig Barcinas, Lucia Castro in the legs become restricted or American servicemen spoke or understood Barcinas, Sylvia Barcinas, Felisa Chargualaf clogged with fatty deposits, reducing Japanese, and few, if any, knew the native Basa, Trinidad Arriola Benavente, Maria blood flow to the legs. This can result Chamorro or Carolinian languages. Attao Bermudes, Maria Pura Tagabuel Billy, in muscle pain, disability, amputation, They faced tasks unlike anything they had Olympia Selepeo Borja, Petra Hoashi Borja; and even death. seen before; and the hours were grueling. Rosita San Nicolas Borja, Alejandro Reyes In addition, it is often an early warn- From Monday to Sunday the nurses worked Cabrera, Ana Torres Cabrera, Angelica Muna on at the hospital sites. Only on Sundays were Cabrera, Anita Torres Cabrera, Herminia ing sign that other arteries, including Pangelinan Cabrera, Jose Manibusan those in the heart and brain, may also they packed onto trucks and allowed to return to spend time with their families and the rest Cabrera, Magdalena Brel Cabrera, Maria be blocked, increasing the risk of a Duenas Cabrera, Dela Cruz Cabrera, heart attack or stroke. of the civilian population, which had been Victorina Bias Cabrera, Salomae Hocog Madam Speaker and fellow Members, gathered up by the military and encamped at Calvo, Dolores Benavente Camacho, we must take the proper steps to curb Camp . Estefania Flores Camacho, Fermina this increasingly dangerous and deadly When the war ended in 1945, the U.S. Navy Mendiola Camacho, Lucia Leon Guerrero disease. built a permanent hospital on Maturana Hill, Camacho, Namiko Ketebengang Camacho, Saipan, where the native nurses were em- Rita Duenas Camacho, Rosa Ada Camacho, f ployed and which served both the military and Rosa Blanco Camacho, Ana Songsong Castro, civilian population. The Navy also built a lepro- Carmen Moses Castro, Daniel Pangelinan b 1850 Castro, Loretta Mesngon Castro, Maria sarium on Tinian with three native nurses. The A TRIBUTE TO OUR FIRST NURSES Manibusan Castro, Ruth Albert Castro, U.S. also began to offer more formal training Taeko Elizabeth Kumangai Castro, Antonia (Mr. SABLAN asked and was given for the nurses from the Northern Marianas. Taimanao Celis, Maria Muna Celis, Rita permission to speak out of order.) Some of those from Saipan and Rota were Sablan Celis, Antonio Santos Cepeda, Juan Mr. SABLAN. Madam Speaker, as sent to the U.S. Naval Hospital School of Cruz Cepeda, Rosa Manibusan Cepeda, Ana early as the tiempon Hapones, the Jap- Nursing in Guam. When this training facility Maria Gogue Charfauros; anese times, in the Marianas our local closed in 1952, those nurses who were in the Ramona Seman Chong, Carmen Attao Con- women began to train as nurses. Nurs- middle of their studies were sent to the Trust cepcion, Irminia Benavente Cox, Conrado ing was one of the few professions open Deleon Guerrero Crisostomo, Ana Kokure Territory School of Nursing in Chuuk. Later, Dela Cruz, Jesus Ogo Dela Cruz, Francisco to women. But the realities of the work that school was relocated to Pohnpei, then to Palacios Deleon Guerrero, Gustav Acosta meant that only those whose hearts, Palau, and then in the late 1960s to Saipan. Deleon Guerrero, Mariana Camacho Deleon minds and bodies were strong could The final move was to the Marshall Islands in Guerrero, Anunciasion Cruz Demapan, meet the arduous challenges and dis- 1986. Despite these frequent moves, over the Justina Rdiall Demapan, Luis Cepeda cipline required. years the Trust Territory School of Nursing Demapan, Micaela Sablan Demapan, Juanita World War II opened the door wider. graduated many students from all the Trust Duenas Diaz, Maria Mendiola Diaz, Elisa With thousands of military and civilian Territory districts, including the Marianas Dis- Maratita Dim, Elizabeth Naputi Dudley, Ines casualties littering our islands, the Cruz Duenas, Margarita Attao Duenas, trict. Monica Camacho Duenas, Estefania Atalig U.S. forces had to recruit nurses from When the U.S. Department of the Interior Dumale, Luis Osomai Elameto, Amania the local population. After the war, the assumed administration of the Northern Mar- Mechaet Elidechedong, Vicenta Lizama Navy, then the civilian administration, iana Islands in 1962, the U.S. Navy closed its Evangelista, Mary Farley, Rosa Tenorio set up the hospitals and clinics; and hospital on Maturana Hill and the native Fejeran, Rosa Maliti Fejeran, Rita Castro

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00050 Fmt 4634 Sfmt 9920 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6861 Flawau, Lorenza Mendiola Garcia, Ramon Elizabeth Sablan Torres-Untalan, Rita for his family and friends. He never Guerrero, Vicente Guerrero, Maria Esteves Songao Toves, Sophia Olopai Towai, failed to say, ‘‘I love you,’’ his grand- Halstead, Carmen Wesley Hamilton, Hasmid Consolacion Faisao Tudela, Margarita mother said. Hugs and kisses were his Haro; Cabrera Tudela, Remedio Bermudes Tudela, trademark. While his family will con- Ana Ogo Hocog, Felisisima Ada Hocog, Maria Salii Udui, Isabel Camacho Maria Ayuyu Hocog, Guadalupe Reyes Villagomez, Margarita Aquininog tinue to miss him every day, they Hofschneider, Maria Manibusan Igibara, An- Villagomez, Josepha Arriola Weilbacher, know he was fulfilling a lifelong dres Taisacan Igisaiar, Lucia Seman Iriarte, Donicia Pialur Ythemar, Paul Joseph dream. Carmina Weilbacher Jack, Berthilia Ythemar. Private First Class Coleman was al- Camacho John, Ensel John, Engracia Aldan f ways known to say that he loved the Johnson, Carmen Olopai Kaipat, Damiana uniform and that he was so proud to be Olkeriil Kaipat, Diego Litulumar Kaipat, SPECIAL ORDERS Isaac Borja Kaipat, Natividad Dela Cruz serving his country. A few weeks ago, Kaneshi, Ana Igisaiar Kileleman, Neiar The SPEAKER pro tempore. Under this country lost a true hero. I know Kolios, Violet Laird, Consolacion Limes the Speaker’s announced policy of Jan- that his fellow soldiers, his country, Laniyo, Lourdes Olopai Laniyo, Mariano uary 6, 2009, and under a previous order and especially his family will miss him Repeki Laniyo, Maria Taitano Lieto, of the House, the following Members greatly. Teresita Pialur Limes, Hermana Ling, Dan- will be recognized for 5 minutes each. I am proud to pay tribute to such a iel Mettao Lisua, Dionicio Mendiola Lizama; fine grandson, son, patriot, and soldier. Joaquin Reyes Lizama, Juana Hocog f Lizama, Maria Ada Lizama, Soledad The SPEAKER pro tempore. Under a f Mesngon Lizama, Vicente Lizama, Carmen previous order of the House, the gen- HYUNDAI MOTORS Mendiola Lizama-Torres, Susana Rogopes tleman from North Carolina (Mr. Macaranas, Vivian Nee Adamson The SPEAKER pro tempore. Under a JONES) is recognized for 5 minutes. Malmstrom, Magdalena Sablan Manahane, previous order of the House, the gen- Milagro Hocog Manglona, Magdalena (Mr. JONES addressed the House. His tleman from Alabama (Mr. BRIGHT) is Manglona Manglona, Delfina Villagomez remarks will appear hereafter in the recognized for 5 minutes. Manibusan, Donicia Rasiang Marciano- Extensions of Remarks.) Mr. BRIGHT. Madam Speaker, ear- Hosono, Francisco Acosta Masga, Maria Cruz f lier this week Hyundai Motors an- Masga, Nathania Maui, Martha Muna nounced it would move production of IN MEMORY OF PRIVATE FIRST Mendiola, Bernadita Reyes Mercado, Juan its Elantra sedan from South Korea to Itibus Mettao, Likiak Kun Mongkeya, CLASS CHAD COLEMAN Lorenza Ilo Mongkeya, Carmen Santos its flagship American facility in Mont- Muna, Isidro Camacho Muna; The SPEAKER pro tempore. Under a gomery, Alabama. It was a welcome Vicenta Santos Muna, Jose Naog, Isidro previous order of the House, the gen- announcement for Montgomery and the Nekai, Rosa San Nicolas Norita, Dominina tleman from Georgia (Mr. WESTMORE- surrounding area, which I am proud to Fitial Olopai, Gregoria Fitial Omar, Eliza- LAND) is recognized for 5 minutes. represent. beth Atalig Paeda, Maria Indalecio Palacios, Mr. WESTMORELAND. Madam Since 2005, the Hyundai Motors facil- Maria Taman Palacios, Milagro Sablan Speaker, it is with honor and great sor- ity in Montgomery has produced the Palacios, Rita Taman Palacios, Dolores row that I rise on this occasion tonight Cepeda Pangelinan, Jose Basa Pangelinan, award-winning and increasingly pop- Juan Basa Pangelinan, Magdalena Terlaje to pay tribute and to tell everyone ular Sonata. Despite a slumping econ- Pangelinan, Maria Aldan Pangelinan, Maxi- about Private First Class Chad Cole- omy, production of the Sonata remains ma Cruz Pangelinan, Paul William Perry, man, who heeded his Nation’s call of at near-peak capacity. In fact, produc- Rafaela Odoshi Perry, Maria Toves duty by joining the Army in October of tion of the Santa Fe recently shifted Quitugua, Remedio Naog Quitugua, Viviana 2008 after attending Newnan High from Montgomery to the new Kia facil- Osomai Rabauliman, Casimira Manglona School in my home State of Georgia. ity in nearby West Point, Georgia, with Ramos, Lourdes Maliti Rangamar, Dolores On August 27, 2010, he made the ulti- relatively little change overall in pro- Cruz Rasa, Consolacion Sablan Rasiang, mate sacrifice, proudly serving his Fuana Remeliik; duction. Angelina Sablan Reyes, Joaquina country in Afghanistan as a member of What struck me about the announce- Pangelinan Reyes, Rosario Taman Rios, the 101st Airborne Division. ment, however, is that Hyundai is em- Maria Borja Roberto, Angela Muleta Growing up in Wisconsin, Chad bracing the global nature of the auto- Romolor, Pedro San Nicolas Rosario, Rosa moved to Newnan, Georgia, with his mobile industry. Instead of moving full Benavente Royal, Takeshi Aloka Royal, parents, Brian and Shanon Coleman, production of the Elantra to the United Juan Satur Ruben, Vicente Faibar when he was 16. After high school, Chad States, Hyundai will split its manufac- Rubuenog, Ana Ayuyu Sablan, Daniel entered basic training at Fort Knox turing between Montgomery, Alabama Magofna Sablan, Dolores Reyes Sablan, Mar- garita Mendiola Sablan, Olympia Reyes and completed advanced training at and its existing Korean plant. A Sablan, Ramona Cabrera Sablan, Rita Diaz Fort Campbell, becoming a cavalry Hyundai spokesman noted: ‘‘Hyundai’s Sablan, Rosalia Tenorio Sablan, Fidelia scout. He was deployed to Afghanistan philosophy is to build our vehicles Sablan Salas, Margarita Villagomez Salas, as part of the 33rd Cavalry Regiment of where we sell them, and with the addi- Rosa Manibusan Salas, Isabel Manibusan the 101st Airborne Division. tion of the Elantra to our U.S. produc- San Nicolas, Juana Manibusan San Nicolas; For anyone who knew Chad as a tion mix, we now manufacture our Dolores Apatang Santos, Isabel Esteves young boy, it came as no surprise to three most popular models right here Santos, Maria Camacho Santos, Maria them that he would grow up into a fine Arriola Santos, Maria Luisa Duenas Santos, in the United States.’’ In a global econ- Martha Cabrera Santos, Carlos Rapagau soldier. As a boy, he was compas- omy, it makes sense to keep produc- Satur, Esteban Nepaial Satur, Guillermo sionate and caring and showed an in- tion close to where the car will actu- Litulumar Saures, Lourdes Mettao Saures, terest in serving his country at an ally be sold. Maria Benavente Sedmik, Antonia early age. His grandmother, Mary Ann Hyundai has been a wonderful com- Rabauliman Seman, Isabel Jones Seman, Coleman, recalls him building large munity partner with Alabama and spe- Margarita Benavente Seman, John Frank forts out of Lincoln Logs and how he cifically within the River Region of our Skilling, Teresita Wabol Skilling, Cresencia would maneuver the plastic Army sol- central Alabama location. In addition Maratita Songao, Francisco Maratita diers that he bought at the Dollar Songao, Mary Grace Lejjena Songsong, to the 2,700 direct jobs created from the Maria Asuncion Stoll, Carmen Maratita Su- Store in and out of the forts that he $1.2 billion facility, Hyundai has zuki, Margarita Somol Tagabuel, Gisina had built. brought in 72 suppliers throughout Songao Taimanao, Gloria Ramos Taimanao, As a teenager, Chad spent time at the North America, creating an additional Marcelina Atalig Taitano, Sabina Rivera local VFW hall. He would play cards 5,500 jobs. This partnership has come Taro; with the veterans and listen to their despite the fact that needless trade Lino Pangelinan Tenorio, Maria Hattori stories. But most of all, he was a friend barriers exist between the United Tenorio, Natividad Cruz Tenorio, Rita to the distinguished men and women States and our friends in South Korea. Sablan Tenorio, Soledad Takai Tenorio, Elena Litulumar Teregeyo, Enriquetta Peter who had served their country so brave- I can only imagine what both coun- Teregeyo, Maria Reyes Thompson, Dirruchei ly before him. tries could achieve if we were able to Terry Tmakiung, Jovita Blanco Tomokane, The only thing that came close to come together and enact the U.S.- Francisco Ada Torres, Maria Jones Torres, Chad’s love for his country was his love South Korea Free Trade Agreement.

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6862 CONGRESSIONAL RECORD — HOUSE September 22, 2010 I recently joined with a bipartisan nity and was a constant fixture in the mired in this war. And, of course, we coalition to form the U.S.-South Korea civic and cultural fabric of south Flor- still have more than 2 months remain- Free Trade Agreement Working Group. ida. ing before the calendar turns. This group, composed of Members of Although he was deeply committed Meanwhile, these deaths appear to be Congress who represent diverse dis- to the struggle for a free Cuba, I know in vain. While Afghan citizens who tricts from across the country, wants that the role he cherished the most was turned out to vote this weekend must to see this agreement ratified. that of devoted husband, father, and be saluted for their courage, well, the Despite being signed by President grandfather. fact that courage was required to exer- Bush over 3 years ago, Congress has yet Ricardo leaves behind his beloved cise a basic democratic right is rather to pass the agreement. President wife and partner, Nieves Fraga, and his telling in and of itself. But the par- Obama cites the U.S.-South Korea Free children—Jorge, Alina, and Ricky—as liamentary elections were marred by Trade Agreement as one of our biggest well as his grandchildren. violence, not to mention all kinds of domestic trade priorities and would Ricardo, we will never forget you nor fraud and irregularities. Time Maga- like to see disagreements worked out your selfless legacy. Rest in peace, my zine quotes one candidate as saying, by the next G20 meeting in November. friend. ‘‘It was complete anarchy. Everyone It’s already late September and very Madam Speaker, I am proud to praise was trying to manipulate this elec- little progress has been made to get the Citizens’ Crime Watch of Miami- tion.’’ this agreement passed. Dade County and its executive direc- Mr. Speaker, Afghanistan’s financial The benefits to the U.S. are obvious. tor, Carmen Caldwell, who has served infrastructure is crumbling almost as Passing a free trade agreement with our area in so many ways over the badly as is its democratic infrastruc- South Korea, who is our seventh larg- years. Neighborhood volunteers are ture. One of the nation’s most promi- est trading partner, would add an esti- truly the backbone of our commu- nent banks is teetering on the brink of mated $10 billion to $12 billion to our nities. Volunteers have done so much collapse, at the same time that cronies gross domestic product. What we have to reduce crime and to help keep our and relatives of President Karzai ap- already seen in Alabama could be ex- south Florida neighborhoods safer. pear to have used the bank to line their panded across this great country of Citizens’ Crime Watch of Miami-Dade own pockets. ours. County will be celebrating its 35th an- And in yesterday’s New York Times, Madam Speaker, our number one pri- niversary at the Doubletree Miami there was a long story about how fami- ority must be getting Americans back Mart/Airport Hotel on October 1 and lies are dressing their little girls as to work. We have already seen the ben- will be honoring the leaders of south boys, just so they can get a job and an efits of a close partnership with South Florida’s war on crime. education—and even so they can pre- Korea. Let’s expand on that relation- It is my honor and privilege to recog- serve the family’s honor to have more ship. I can think of no better way to nize the many dedicated and hard- boys than girls. create jobs for Americans at virtually working members of Citizens’ Crime Steven Walt of Harvard University, a no cost than to pass the U.S.-South Watch of Miami-Dade County and to member of the Afghanistan Study Korea Free Trade Agreement. thank each of them for what they do to Group, summarizes the bleakness of help keep us safe. the situation. In the last few years, b 1900 Madam Speaker, I would like to con- Walt says, ‘‘We have had a fraudulent Without question, there are many gratulate the International Ballet Fes- presidential election, an inconclusive issues we must tackle in this difficult tival of Miami for another spectacular offensive in Marja, a delayed and down- economic and political time. But trade, year of performances. Since 1995, this graded operation in Kandahar, and a especially an agreement that enjoys bi- yearly celebration of the arts has run on the corrupt bank of Kabul. Cas- partisan support such as the one with brought some of the world’s leading ualty levels are up, and aid groups in South Korea, can and should be an ballet companies to our area of south Afghanistan now report that the secu- issue in which we work together. Let’s Florida. rity situation is worse than ever, de- not let partisan politics get in the way In addition to being known as a hub spite a heightened U.S. presence.’’ of this agreement. for international commerce, south Mr. Speaker, other than that, Mrs. Florida has a thriving and diverse arts Lincoln, how was the play? f community. Through the dedication of Seriously, there is little to be en- The SPEAKER pro tempore. Under a Pedro Pablo Pena, the festival has be- couraged by in Afghanistan. And that previous order of the House, the gen- come a yearly staple on the south Flor- is the situation that it is in now. Now, tleman from Indiana (Mr. BURTON) is ida calendar with five spectacular per- a new book that has come out this recognized for 5 minutes. formances at four theaters. Ballet com- week by Bob Woodward reveals that (Mr. BURTON of Indiana addressed panies from as far away as Hungary, even top White House officials were the House. His remarks will appear Australia, and Italy have participated deeply skeptical about escalating the hereafter in the Extensions of Re- in this festival. war. The Special Envoy to Afghanistan marks.) I congratulate Pedro Pablo Pena and and Pakistan is quoted as saying of our f everyone who made this year’s Inter- strategy, point blank, ‘‘It can’t work.’’ national Ballet Festival of Miami a re- He is right, Mr. Speaker. But what THE SPIRIT OF SOUTH FLORIDA sounding success. Your efforts have en- can work is a smart security approach, The SPEAKER pro tempore. Under a riched south Florida, and we are all the one that replaces the military surge previous order of the House, the gentle- better for it. with a civilian surge. At this point, a woman from Florida (Ms. ROS- f military occupation can’t cure what LEHTINEN) is recognized for 5 minutes. ails Afghanistan; it can only spread the Ms. ROS-LEHTINEN. Madam Speak- THE DEADLIEST YEAR OF THE disease. But an influx of humanitarian er, I rise to remember the life and leg- AFGHAN WAR aid can deliver a brighter, peaceful fu- acy of a great south Floridian and fel- The SPEAKER pro tempore (Mr. ture for Afghanistan, elections that are low Cuban America, Ricardo Mayo-Al- BRIGHT). Under a previous order of the free and fair, government leaders with varez. House, the gentlewoman from Cali- legitimacy and integrity, schools that Ricardo was an irreplaceable member fornia (Ms. WOOLSEY) is recognized for educate all children—even the Afghan of the Cuban American community. 5 minutes. girls, or especially the Afghan girls— Having fled Cuba’s communist regime, Ms. WOOLSEY. Mr. Speaker, the bad and an economy that creates oppor- Ricardo continued the fight for a free news in Afghanistan just continues to tunity and lifts people out of poverty. Cuba in south Florida. pile up. This week, a helicopter crash The current policy is not redeemable. Ricardo became a successful entre- in the southern part of the country It will continue to engender death, de- preneur and started a chain of phar- brought the number of 2010 coalition struction, instability, and chaos. There macies in south Florida. He generously fatalities to 529. That makes this the is only one answer, Mr. Speaker: Bring gave of his time to serve his commu- deadliest of the 9 years we have been our troops home.

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6863 The SPEAKER pro tempore (Mrs. I think it must come forward at some comes about and that happens. That is DAHLKEMPER). Under a previous order time. The indications that we are get- what takes place. of the House, the gentlewoman from ting is that will not happen until a Our officers in uniform take their or- North Carolina (Ms. FOXX) is recog- lame duck session. That means after ders from, on up through the ranks, the nized for 5 minutes. the election and after a new United commander in chief at the top. They (Ms. FOXX addressed the House. Her States Senate is elected and after a get the message from the top. So you remarks will appear hereafter in the new United States House of Represent- don’t hear the straight answer from Extensions of Remarks.) atives is elected. Then the people who them that we like to think that we are f no longer represent the will of the getting from our military personnel. I The SPEAKER pro tempore. Under a American people come back to do the believe if you could hear that straight previous order of the House, the gen- essential business of the United States answer, you would hear a far different tone coming out of our Joint Chiefs, tleman from Oregon (Mr. DEFAZIO) is of America, but they don’t have the for example. But the study should be recognized for 5 minutes. support any longer of the voters who done. It should not be an experiment to (Mr. DEFAZIO addressed the House. have chosen some different people. His remarks will appear hereafter in But the two pieces of legislation I am play with. What has happened over in the Senate is that they refused to in- the Extensions of Remarks.) talking about that were attached to the DOD authorization bill are the voke cloture because it is inappro- f Don’t Ask, Don’t Tell policy, which is priate and improper to stick the repeal The SPEAKER pro tempore. Under a something that was implemented under of the Don’t Ask, Don’t Tell in the previous order of the House, the gen- President Bill Clinton back in the era DOD authorization bill. If HARRY REID tleman from Kansas (Mr. TIAHRT) is when he wanted to put gays in the and others believe it should be repealed recognized for 5 minutes. military, found that he ran into a po- and we should open up the military to (Mr. TIAHRT addressed the House. litical buzz saw, and settled for a com- openly gay people, then they should His remarks will appear hereafter in promise. And I didn’t support it at the put it up as a stand-alone piece of leg- the Extensions of Remarks.) time, to be straight about that, Madam islation. They should allow for amend- f Speaker, but in retrospect it was a ments on it. They should debate it, and The SPEAKER pro tempore. Under a pretty good policy. Essentially it was they should allow for a recorded vote. previous order of the House, the gentle- we have people with different inclina- And why not do it right now, HARRY woman from Ohio (Ms. KAPTUR) is rec- tions, and those who come to serve REID? Why not bring that up right now as a stand-alone piece of legislation? ognized for 5 minutes. America can do so without announcing Why not roll it out on the floor of the (Ms. KAPTUR addressed the House. their sexual preferences. And as long as right now? And if Her remarks will appear hereafter in they keep that to themselves, they can you can pass it over there, send it over the Extensions of Remarks.) serve in the United States military. here to the House, and I hope that f That policy has served our military NANCY PELOSI picks that up. I hope well for these last 15 or so years that it A SIGNIFICANT DAY FOR AMERICA Speaker PELOSI picks that up and runs The SPEAKER pro tempore. Under has been in place. I suspect it has actu- it out here for a debate and a stand- the Speaker’s announced policy of Jan- ally been longer than that. Don’t Ask, alone vote so the American people can uary 6, 2009, the gentleman from Iowa Don’t Tell, Bill Clinton’s policy. see where these Members of Congress Now, because of the activism of the (Mr. KING) is recognized for 60 minutes stand. homosexual community, they have as the designee of the minority leader. When you roll it into and you hide it Mr. KING of Iowa. Madam Speaker, pushed an effort, and the President has in a DOD authorization bill, then you it is a privilege and honor to have the made a campaign promise that he will are trying to push a social activist pol- opportunity to address you here on the repeal Don’t Ask, Don’t Tell and re- icy without the accountability of a re- floor of the United States House of cruit into the military openly gay peo- corded vote. And that is what the Sen- Representatives and to do so on such a ple. That is a social experiment with ators objected to, and that is why they significant day. This is a day of events, our military, Madam Speaker. The voted no on cloture. That is why Don’t I believe, that will be marked for a military is not a place to conduct so- Ask, Don’t Tell will not be repealed, at long time in at least political history, cial experiments. One would think that least in this period of time between and hopefully it will be marked in the our military personnel should have a now and the November elections. If hearts and minds of the American peo- say on this. One should do a study. there is a pledge over there to bring it ple as well. There has been a request for that study up in a lame duck session, we know And I can think of a couple of events through the Department of Defense to how those pledges work. If they do so, today, one that is unfolding as we get the results of what our soldiers, a policy of that magnitude in a lame speak, and another that unfolded ear- sailors, airmen, and marines think of duck session, after watching the dy- lier when the United States Senate had this, and then make a determination namics in the United States Senate a cloture vote and didn’t have the on whether to go forward with a dif- change because of the elections that votes to force HARRY REID’s version of ferent policy. will take place election night in No- the Department of Defense authoriza- I am hearing continually Don’t Ask vember, and after watching a change tion bill to actually come up for a vote Don’t Tell worked. Opening it up un- that will take place here in the House before the United States Senate. dermines the effectiveness of our mili- of Representatives, to come forward tary and it breaks down their readi- with a bunch of lame ducks and try to b 1910 ness, and it is bad for America’s na- pass legislation that is rejected by the The cloture vote failed because he at- tional security. That seems to be the American people would be another in- tached two unrelated issues, unessen- tone that comes from the enlisted per- sult. It would be another affront to the tial issues, to that bill. The politics of sonnel. It comes from some of the offi- American voters, the American tax- it are such, pick your side of the argu- cer personnel. But we know that when payers, to American citizens. ment. My side of the argument, Madam you are, let’s see, one of the joint Don’t Ask, Don’t Tell needs to stand. Speaker, is that they were unnecessary chiefs, for example, or if you are the That is what the American people pieces of legislation that were attached Secretary of Defense, and the President want. That is what the military wants. to experiment socially with the mili- of the United States is your com- And there is a study out there that tary, not essential legislation. And the mander in chief, and if he should tell needs to be completed. I want to look objection on the part of even the Re- you in a Cabinet meeting, for example, at the results of that, and I want to publicans that supported each piece of that you are going to support the re- look at the methodology of it. I am not that legislation was that procedurally, peal of Don’t Ask, Don’t Tell, or you necessarily endorsing the results. I the majority leader in the United are going to be mum on your opinion have not seen them, nor have I seen the States Senate had crossed the line. and keep it to yourself, so this repeal methodology. So the Department of Defense au- of Don’t Ask, Don’t Tell that opens up But I believe, Madam Speaker, that thorization bill is now frozen in place. access to the military for gays, so that our military personnel that put their

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6864 CONGRESSIONAL RECORD — HOUSE September 22, 2010 lives on the line every day, that strap we are going to give you all citizen- So what do we know about this? on that vest and that helmet and that ship, and we are going to let you all Each congressional district has, uniform and face the heat and the cold vote to redirect the direction of Amer- roughly, 700,000 people. Let’s just say, and the bullets and the shrapnel and ica, and just know that I represent the if you had 600,000 illegals in your the IEDs, and all of the things that put Democrats, and remember that we are 700,000-person congressional district, them at peril, deserve better than a so- the ones that gave you amnesty and you would only have a universe of cial experiment taking place here in the path to citizenship. So report to be- 100,000 people who you could draw from the halls of Congress, just to pay off a come an American citizen, remember to get votes. So, when you look around political constituency group before an who said so, Teddy Kennedy, vote for America and you see that some of us election. That is what offended the his party. get elected with 30,000 or 40,000 votes Senators over there today who voted Now there are some people on my and others like me require about no on cloture. side who got this wrong. I have said for 120,000 votes to win an election, you The other component in that legisla- a long time that the driving force on begin to understand that the high pop- tion was brought up for the same rea- immigration here in the United States ulations of illegals within some of son. It is called the DREAM Act. It is is this. these congressional districts have a one of those things that happens. We b 1920 voice. They have a voice here in this come up with bad ideas for legislation Congress. Even though they supposedly On the one side, it’s kind of like a set here in this Congress, and we try to put can’t vote, they have a voice in Con- of barbells. Over here on one side, we nice-sounding titles on them so some- gress. They have leverage because they have business that thinks that they’ve how or another if it has a good name, somehow got a right to cheap labor. create congressional seats in places it has a better chance of becoming law. Among these businesses, there are where there is sympathy for illegal im- Well, if we had named it the Selective Democrats and Republicans, increas- migrants. That is how the political Amnesty For a Certain Class of Illegals ingly numbers of Democrats on the Big power comes. That is one of the ways Act, I don’t think it would have had Business side of this who want the that it comes. much chance to get to where it has. Then you also have the businesses cheap labor. Yet there is a business in- But it is called the DREAM Act. I that depend on the illegal labor, and terest. It’s all the way over on this side would like to be able to say that you that’s just those who use the labor. of the barbell. Then you’ve got the bar are dreaming if you think you can im- through the middle, and on the other There are the businesses then that pose amnesty on 2 or more million peo- side of the barbell are those who want market to the illegal labor, and they ple that came here illegally and set it open borders and amnesty for the sake begin to see that they are dependent up as a reward just because the com- of all the political power that it brings upon that flow of cash that goes passion of your heart says that is what them. through in that fashion, and now you should do. The people that support Now, Madam Speaker, that might be you’ve got a constituency group that the DREAM Act are the people that are something that doesn’t exactly reso- advocates for open borders. It is for looking at this thing in the same way nate when I say that, that illegal im- their self-interests, but they advocate they are supporting the broader overall migration gives people political power for open borders for their self-interest amnesty policy. What is the bottom in America, and I know I have to ex- purposes whether it is for the political line motivation? We would like to plain that. It’s this: power that Teddy Kennedy so clearly think that we are all looking at this We’ve already completed the census. laid out the clarion call for—that’s this policy from a constitutional perspec- We’ve counted everybody in the United side of the barbell—or whether it’s the tive and a rule of law perspective, and States. I hope we have. Now redis- weights over on this side, the business setting up statutes so there is a frame- tricting is beginning all the way across interests, that believe they have a work that strengthens America and America. According to a CIS report of right to cheap labor. that respects the rule of law. But in- a couple, three years ago, there are be- By the way, that labor is subsidized stead, we have seen the immigration tween nine and 11 congressional seats by the taxpayer because cheap labor law in America has simply been pushed in America that would shift from the can’t sustain itself in this society any off the edge and hijacked towards the States they are in because we count longer. This society has become a wel- line of opening up our border for the people rather than citizens for the pur- fare state. I mentioned the barbells— cynical political purposes of wanting to poses of reapportionment in America. cheap labor’s interest on this side, ad- provide for people to come here and If you go across the South to States vocating for amnesty, and the people vote that will vote for a certain party. like Florida, Texas, California—and over on this side, advocating for am- Madam Speaker, I heard this about 3 perhaps Arizona—Florida, Texas and nesty because they get a massive years ago, and I heard it right outside California, by my recollection, would amount of political power. this House of Representatives out here be States that would lose a seat if you Here in the middle is this barbell, the on the West Lawn when there were were to count citizens rather than just bar for the barbell, and it gets about 150,000 people that came to pro- people. Those seats, those nine to 11 in squeezed. That is the middle class. test they wanted their amnesty. Many the aggregate altogether—and there That bar that holds up either end is the of them presumably were illegal. But would be other States that would lose middle class in America. The blue col- Senator Ted Kennedy, alive and rel- seats—would be scattered back around lar people, the middle-income people, atively well at the time, went out to America and reapportioned to the the people who just want to buy mod- speak to that group of roughly 150,000 States that are a little bit short right est homes and raise their families and people. He said to them: Some say re- now. Utah, for example, is on the cusp give them a chance to go off to college, port to be deported. Then he waited for of picking up a seat. Well, if we count- to go to work every day, to church on the interpreter. ed citizens instead of people—‘‘people’’ Sunday, and to live life as the Amer- Then he said: I say report to become is a class that includes illegals, the ican Dream are being squeezed. The an American citizen. And then he wait- people who shouldn’t be here—then middle class is being crushed in the ed for it to be interpreted. And then there would be States like Utah and In- middle of this. there was a cheer and applause that diana that would pick up a seat. A There are the people who, let’s say, went up from the 150,000, the mul- State like Iowa is more likely to keep emerge from high school, whether they titudes that came to the Capitol to de- the number of seats that it has, but the be Americans who drop out or those mand that they receive amnesty and seats would be scattered across the who finish and don’t go on to higher exemption from America’s immigra- United States in such a way that there education. There was a time—oh, there tion laws. would be a nine to 11 shift. There would was a happier time—when a person who But I report this to you, Madam be nine to 11 congressional seats that decided that he just didn’t want to stay Speaker, because I heard clearly that would shift, and they would shift from in the educational system any longer, day the clarion call that came from the hands, according to that analysis, but who was a hard and smart worker, Senator Teddy Kennedy that said: We from Democrats into the hands of Re- could walk from that school and go are going to give you all amnesty, and publicans. over and get a job in a factory or in a

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6865 processing plant and punch that time I thought could have been, and perhaps not a lawful resident of this respective clock and go to work for 8 hours a day at one time should have been, Presi- State, so you can’t give them in-State and do that for 40 or more hours a week dent of the United States. Now he is tuition discounts without a statutory and make a respectable living and take advocating that we grant amnesty to change, without changing the law. So care of his family. Maybe he pinched the people who are here illegally, and they want to change the law. his pennies and paid for his house even- he is openly stating that he needs So, let’s just say the tuition to go tually, drove a respectable car and illegals to take care of his home. to—who shall I pick on? I’m reluctant lived life. Madam Speaker, if you get to the to pick on anybody, actually, but let’s Those times aren’t entirely gone, but point of desperation where your house say tuition to go to the University of they are diminished dramatically be- is so big and your home is such an ex- Iowa as out-of-State tuition, $20,000 a cause, first, we have expanded the pro- pansive mansion that you can’t go out year; in-State tuition, $10,000 a year. fessional class in America, the profes- and cut your own grass or trim around And we have someone who is in the sional class that believes that now your own flowers or paint the trim country illegally, who was brought they have a right to live in a gated around the windows or do the things here the day before their 16th birthday, community and to hire cheap labor to that you do and if you must have serv- and they had been in America for 3 take care of their lawns. We have that ants to take care of that place and if years. I think that’s another one of the class of people that has expanded. Then you can’t afford to hire legal workers qualifiers. So we’ll say to them, Well, over on the other side we’ve got the to take care of that place, I would sug- you wanted to be a good citizen, so illegals and the low-skilled people who gest you put it up for sale and go get we’re going to give you this in-State are more mobile than the American an apartment somewhere where you tuition discount to go to the Univer- sity of Iowa, and it’s going to save you population. They can travel to the jobs can manage the maintenance of it $10,000 a year. That’s the equivalent of more quickly because they’re not tied yourself if you have to cross the line a $10,000-a-year scholarship fund for to any hard assets like real estate, for and break the law to do the mainte- someone who is not in the United example. So they can get in their vans nance on your home. States legally. or minibuses and go to Washington and I’m shocked that a man of that stat- Now, think—to the General Powells pick apples if they decide to do that, ure would make a statement like that. of the world and others who think that and their wage scale is about half of Furthermore, I’d put a little reminder the DREAM Act is anything other than what it would be if we had a tighter out there for the General Powells and some form of class amnesty, think labor supply. Illegals are undercutting others in the world to think about the what that is like then to have—what if the lower-skilled labor in America, and DREAM Act and about what the we had ICE come up and deliver that de they’re taking away the opportunities DREAM Act really means. It means facto scholarship for $10,000 a year. We for those Americans who don’t want to this: just put them on the road in their go on to a higher education and take If you are under the age of 35 and if Humvee and they can drive out there on more professional jobs. you were brought illegally into this and we are going to hand these out to There used to be—and in my mind country before you were 16, then you those people that came here the day there always will be—great pride in are not at fault and are no longer ac- before their 16th birthday—it was their those working men and women. They countable as long as you would agree parents’ decision, not theirs—and we put their hands to the task. A little to go into the military for 2 years or will give them a de facto scholarship of dirt under your fingernails and some would agree to go off to college for a $10,000 a year. Well, that’s a great deal; calluses on your hands is an honorable couple of years. If you will do that, right? And then they go off to college thing. All work is honorable—all pro- then we’ll give you that path to citi- and sit down in a classroom and we feel ductive work is honorable—but this so- zenship because, after all, you really so good about ourselves. ciety has now morphed into a welfare were nurtured in this country, legal or But we should keep in mind that state. illegal, and we’ll give you that path to somebody wanted to go across the I want to go back to the welfare state citizenship. You just have to agree to river, across the State border and go to part; but when I crossed over to this go on to an education a little higher the University of Iowa and take classes side, I mentioned the gated commu- than high school or go off to the mili- at that university but they were not a nities. Think of what has happened to tary for a couple of years. Now, I don’t resident of Iowa any more than the il- the elitist attitude, the elitist attitude know how you would sign up for a cou- legal that’s the beneficiary of the that says, Well, I don’t have to worry ple of years to do that, but I’m trustful DREAM Act is a resident of Iowa. And about the security for America. I don’t that there is a special program that so they have to pay the out-of-State have to worry about walking down the way. tuition at $20,000 a year, paying twice streets anywhere in America and being b 1930 the tuition. They’re paying, over the mugged or having illegal drugs pushed course of a 4-year education, a $40,000 on my children because I will live in And we will chase you down with premium to go to a school out of this protected environment, in a gated your citizenship papers and get you to State—like, let’s just say, Illinois to community, with a fence around the become a complete citizen. And if Iowa—a $40,000 premium, while at the house and with, maybe, steel iron bars you’re a resident of a State, then you same time this other student that sits with spikes on them on top of the get to enjoy the in-State tuition dis- in the desk next to them has been de- fence. That’s out there. Then they counts. We know that this has hap- livered a scholarship that’s a $40,000 raise their children to go off to Ivy pened around the country in a number discount, a $40,000 difference between League schools so they can come back of places. California is one of those the two. And if ICE would have driven and live in other gated communities. places. up with their Humvee to deliver the de They live in an isolated America— Iowa tried to pass the DREAM Act. I facto scholarship, they would have had upper class people, professional class heard about what was going on there. to deport that student because they people, living in isolated America. The DREAM Act started. The founda- would have been in violation of Amer- But you know what? tion of it was—and, I believe, still re- ica’s immigration law, unlawfully They open the gates for somebody mains—in-State tuition discounts for present in the United States. who is illegal to come in and fix their kids who are in the United States ille- Now, that should be enough to bring roofs or to trim their lawns or to work gally and then suspends the enforce- a pause to someone who has worn as in their gardens or to clean their man- ment of the law against them so that many stars as General Powell has and sions, to take care of their laundry and they can’t be deported as long as they deserves to wear. But let me take it an- to run errands. I mean, we heard Colin are going to college—or now we expand other step for those General Powells Powell just the other day say that, it to the military. and others in the world, Madam Speak- first of all, he supports the DREAM Now, think about this. An in-State er. Act. He also said that he needs the tuition discount for someone who is in Let’s set that illegal student down in illegals to take care of his place. the United States illegally, that’s the a classroom with their de facto schol- What’s he thinking? This is a man who equivalent of a scholarship. They’re arship of $10,000 a year sitting in a

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6866 CONGRESSIONAL RECORD — HOUSE September 22, 2010 classroom. Now, let’s just say it’s not a And then what? Then they can start opinions into the media without having regular student that came across the under the family reunification plan, to pay a consequence to the Com- river from Illinois. Let’s, instead, going back and pulling their whole ex- mander in Chief, or whatever kind of think about what will inevitably hap- tended family into the United States retribution that would come out of the pen. Inevitably, it will be the widow or under the family reunification. And White House. widower of someone who has given that’s out of our control. Don’t Ask, Don’t Tell. Again, experi- their life in a place like Iraq or Af- Madam Speaker, when you look at ment in the military. Can you get a ghanistan to protect our freedom and the numbers, America’s legal immigra- straight answer out of the Pentagon liberty. And this widow or widower tion standards only have between 7 and any more with the Chicago-style poli- wants to go off to college to sit in this 11 percent of the people that come into tics of the Commander in Chief? I say classroom to upgrade their education the United States legally. Only 7 to 11 not. so they can take care of their family, percent of them are based on merit. And now maybe this looks like it’s take care of those children that per- The balance of that is based on some just a coincidence that we come across haps lost a father or a mother, and other connection, either the visa lot- the DREAM Act and the repeal of they’re paying the premium of out-of- tery or the family reunification plan or Don’t Ask, Don’t Tell—both of those State tuition, $40,000 more for a 4-year some other category, but not based on social experiments wrapped up under education. And they’re sitting at a skill sets and merit. the Department of Defense Authoriza- desk next to an illegal student that, if Now, if we look at some of the other tion bill and rejected by the majority— the law were applied, would have been countries and the policies that they I believe it was the majority, at least. deported but, instead, gets a tuition have—you can look at Canada, United No. It was rejected at least on a cloture discount. Kingdom—Australia, for example, they vote in the United States Senate. And Now, how do you reconcile that sce- set up a scoring points system that re- you think that those two, Madam Speaker, might be anomalies. nario with the warrior’s widow sitting wards people for being able to con- I will make another point to tell you. at a desk paying a premium of $40,000 tribute to the host country. It’s a pattern. Here’s the thing that and the illegal—that’s eligible for de- Now, I have long said that the immi- supports my conclusion. There’s been portation by every standard except the gration policy in the United States of an effort to take calories out of the DREAM Act—getting a $40,000 discount America should be designed to enhance diets of our young people, an effort to on that tuition, Madam Speaker? the economic, social, and cultural well- reduce the calories accessible to our That’s an outrage. That’s an outrage to being of the United States. That should young people by 1.5 trillion calories. I do that to those Americans who want be, actually, the policy of—any sov- think that’s a year, but I don’t know. to go to school out of State. It’s an ereign nation of the world should es- Take a couple of Doritos out of the outrage to do that to the families of tablish an immigration policy for the Dorito bag, thinking those kids are our veterans. It’s an outrage to do that purposes of enhancing the economic, only going to go for one bag and not to the rule of law. social, and cultural well-being of that two. Reduce the calories in a Power I will submit that the people that are particular sovereign state. In this case, Bar from 150 calories down to 90, think- for the DREAM Act haven’t thought it’s the United States of America. ing that overweight, voracious feeder about this on a rational basis. They’ve We should also understand that one that you have that’s 16 years old isn’t simply thought about it from whatever of the essential pillars of American going to go for a second Power Bar. If their particular sympathy basis is. exceptionalism is the rule of law. And the kids want the calories, they’re This class of people that are here ille- if we have contempt for the rule of law, gally are here because most of them, going to eat them. Reducing the size of if we have some of the highest profile the servings just means they’ll open up the class that is part of the DREAM people in America openly speak about more packages. Act target—because most of them, hiring illegals to take care of their But the military stepped in in sup- their parents brought them here home and at the same time advocate port of this effort, this healthy youth against their will. Yes, I concede that for the DREAM Act, which is amnesty effort. Data that has been reported, at point. But where do you enforce the for a specific class of people, reward for least, says that Americans kids are—30 law if you don’t enforce it against illegal behavior, a magnet for bringing percent of them are overweight. And someone who is 35 years old and was more children into the United States the Pentagon has said it affects our na- brought here to the United States the that would be here illegally, and get- tional readiness, that we can’t recruit day before their 16th birthday? Do you ting them to qualify under the DREAM young people to come into the mili- enforce it the day after? Or you can Act so they can go off and be funded tary, can’t recruit enough of them be- take it back the other way and you can partly by the taxpayers and go off to cause too many of them are overweight say, if somebody was brought to the college, or the argument that comes and can’t meet the physical standards. United States the day after they were from the Department of Defense, which Madam Speaker, I’ll submit that you born, should they be deported? Yes. Be- is that it’s good for our military readi- can take an overweight 16-, 17-, 18-, or cause that’s the line. We drew that line ness to have the DREAM Act. That’s 20-year-old, and they’re still a pretty and that’s the law, and we can’t grant another Colin Powell argument, And it good physical specimen even though amnesty. We set the standards. And be- does come out of the Pentagon to some they’ve got a little bit of weight hang- cause we haven’t enforced the law, we degree. Now, how can it be that a Na- ing over their belt. And it’s not a secu- set up, instead, the effect of a magnet tion of 306 million people can’t field an rity risk for the United States of that brings illegal people into the army without granting citizenship to America. We can solve that problem. If United States of America, and it is es- people that are here illegally? it came down to not having enough sentially a magnet that turns out to be people to put on the uniform because b 1940 a reward for breaking the law. some of them were too fat, let’s just So, if the DREAM Act passes and I mean, I could not have pitched such get some basic training uniforms for you’re pregnant and outside the United an idea, Madam Speaker. I can’t with a some that are a little bigger and put States of America and you can’t quite straight face make such a proposal. them on those young people and put get here in time to have the baby, This military is working with a so- them out there in basic training a lit- don’t you know that you can just cial experimentation agenda. And who tle while longer. Once they’re on the sneak in and keep that child and raise is to think that the military, the Pen- military diet and the military exercise them here and nurture them here— tagon, and the United States is for the plan, we’ve seen millions of them come maybe you only get them in when they DREAM Act when they have a Com- back home squared away, upright, gut are 14 years old and they go to a school mander in Chief that tells them what gone, toned up, in shape, proud, with a in America for 3 years. They qualify for they think. They’re for the DREAM look in their eye that they’re another the DREAM Act, presto. They can get Act because it’s important for military noble soldier and patriot. an in-State tuition discount, a college readiness. I don’t take them that seri- This is not a national security risk education. They can go into the mili- ously any more. I don’t think they are because 30 percent of our kids are over- tary. They can get their citizenship. able to deliver their own objective weight. This is an indication of what

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6867 goes on when the White House starts to nant tumor. It’s a cancer. Then it me- came to the floor that was conditioned pour down in a cascade through the ex- tastasizes. It goes into this robust upon an executive order by the Presi- ecutive branch of government an ide- growth and it swallows up and con- dent and another bill coming from the ology that’s inconsistent with the mili- sumes and chokes off our liberty and United States Senate that then satis- tary. our freedom and takes away our per- fied just barely enough. Didn’t satisfy It’s inconsistent to force openly gay sonal choices, and already under the any Republicans, and it dissatisfied 34 policy on our Department of Defense. statute that exists today, shrinks down Democrats. Thirty-four Democrats And there isn’t any pattern out there our health savings accounts and cuts voted ‘‘no’’ on ObamaCare. that could show us that that would be our ability to contribute to them by All of those 34 Democrats voted for a successful result. more than half and almost eliminates NANCY PELOSI for Speaker. Many of It’s inconsistent with the rule of law catastrophic insurance and takes away them told their constituents in the 2008 to propose the idea that for national personal choices one after another election that they wouldn’t commit to security purposes, we should pass the after another. voting for Speaker PELOSI, that they DREAM Act and put these people that I’m hopeful that repeal of ObamaCare were an independent voice. We even came here illegally into the military as a stand-alone—rip it out by the have one at least that’s running tele- and give them citizenship along the roots, follow through on discharge po- vision ads that says he’s an inde- way. That undermines the American sition number 11, which is here, Madam pendent voice that’s willing to stand dream. Speaker, at the desk, and any Member up to President Obama, and stand up to It’s inconsistent to think that a gen- of Congress that wants to establish NANCY PELOSI, and vote against eral that has worn four stars honorably that they’re opposed to ObamaCare and ObamaCare, but at the same time vote would think that the rule of law they want to see it repealed can come for NANCY PELOSI. doesn’t apply when it’s time to hire down here to the well and ask the Now, when you do something like en- somebody to cut your grass. It’s got to Clerk of the House for Discharge Peti- able Speaker PELOSI’s agenda by voting apply every time. Equal justice under tion Number 11—that’s legislation that her into that position, and then when the law. Lady justice is blindfolded. I introduced to repeal ObamaCare—and you see cap-and-tax come down on top She stands there with the scale. She’s sign that discharge position. There are of us that penalizes coal country in a blindfolded. It must be that way or at least 173 signatures on Discharge big way, West Virginia, Pennsylvania, America is undermined. And this Position Number 11, which repeals some of those States come to mind, broader philosophy of illegal immigra- ObamaCare. Wyoming, you see that agenda being tion and how to deal with it is some- And the last language of the bill—it’s driven out of the Speaker of the House, thing that I’m invested in pretty deep- only 40 words—it says, ‘‘as if it had when you put up the vote, stood up ly. never been enacted.’’ That’s the quote. here and audio out of your voice said I want to roll over if I can, Madam So it pulls it all out by the roots, and the name, PELOSI for Speaker, that’s Speaker, as to what’s going on down- it’s what Americans want. Pick your the most important vote that gets cast stairs right now in the basement of number, but well over 60 percent of in any individual Congress in any 2- this Capitol. There is a pledge to Amer- Americans want to see repeal of year period. And it enables the agenda ica that’s being rolled out. It’s being ObamaCare. I see numbers that go up of the leader, Speaker PELOSI. discussed by the Republicans here in to 73 percent that want to see repeal of And then when that same individual the United States Congress. It is some- ObamaCare. So those who want to keep votes ‘‘no’’ on ObamaCare and postures thing that brings back memories of the it, they’re not the balance of the dif- himself to say he’s independent, willing that was rolled ference. If it’s 73 percent that want to to stand up to the President and the out here in 1994 about this same time repeal, it doesn’t mean that 27 percent Speaker of the House because here’s in September. want to keep it. It means that some of the signal, voted against ObamaCare, And this is, I understand after doing those 27 percent want to keep it and that’s no sign of independence. That’s a a quick Web search, named Pledge to some of them are undecided. sign of being let off the hook by the America. And now, I don’t know all But if a Member voted for the Speak- Speaker. That’s the sign of a permis- that’s in that that’s being unfolded er of the House, Speaker PELOSI, and sion slip to vote ‘‘no’’ so you can go right now. I just know what I wanted the San Francisco agenda, ObamaCare, back and tell your constituents that to have in that, what I hope is in it. cap-and-tax, and others, put that vote you are an independent voice. I’m hopeful that the document is a up—the most important vote that any The distinction here is we have a dis- clear document, a document that says Member of Congress ever makes is for charge petition. And a signature on the we have made these promises, we’re their leader, their Speaker. And if that discharge petition says you mean it. It going to keep these promises. vote went up for Speaker PELOSI, it en- says that you want to see the bill come And I expect that there’s going to be abled the San Francisco-Obama agenda to the floor unamended, with an up or language in there that says that we are to be forced to the floor of this House down vote to repeal ObamaCare. One going to support a 100 percent repeal of against the will of the American peo- hundred seventy-two Republicans ObamaCare, all of it. Pull it out root ple, who let everyone here know their signed the discharge petition number and branch, lock, stock, and barrel, so objections in a constitutional and 11. One Democrat has signed discharge there is not one vestige of ObamaCare peaceful and litter-free way. petition number 11 so far. There are DNA left behind, because this toxic But still their hearts were hardened others out there that are going to need stew of ObamaCare has become a ma- and they imposed ObamaCare on us, to say to their constituents, listen, I lignant tumor in our land. And it even though the bill itself could not really do stand up to Speaker PELOSI. threatens to metastasize. have passed that night except that the Watch me. I will go down and ask the It’s affecting us already. It’s driving President promised that he would write Clerk of the House for discharge peti- up our premiums for health insurance, an Executive order that would amend tion number 11 and get my pen out, and especially for young people that most the language that was coming to the I will sign my name on that. That can’t afford it. It’s got to go. It’s got to floor. That was part of the deal. And means that if it comes to the floor that be pulled out by the roots. It’s got to part of the deal was that there would I’ll vote to repeal ObamaCare. That’s be eradicated. And that’s got to be step be a reconciliation package that would what sits out there right now, Madam one, plank one. It’s got to be our prom- be passed in the Senate that would cir- Speaker, and that’s the distinction. ise, our pledge to America that we will cumvent the filibuster that would But I believe that we will move for- repeal ObamaCare in its entirely. Not come to the House to seek to fix some ward with a pledge to America that re- the most egregious aspects of it, not a more of the problems. peals ObamaCare, rips it out by the component here and a component roots in its entirety without equivo- there, not chipping away at it and leav- b 1950 cation. And I trust that’s what’s being ing other pieces there—because if that Oh, no, a bill didn’t come here to the discussed downstairs as we have this should happen, that foundation of floor of the House that had the support discussion up here. I hope and expect. ObamaCare then, as I said, it’s a malig- of the majority of the Members. A bill That’s one of my requests.

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6868 CONGRESSIONAL RECORD — HOUSE September 22, 2010 Another one would be that we pass But it’s not. It’s English. But speaking seling. That simple. And that should English as the official language of the of Swahili, it happens that in some have, I think, strong bipartisan sup- United States of America. That’s an places like Kenya, for example, they do port. And that’s been demonstrated in issue that has somewhere between 83 speak some Swahili, but the official some votes here in this Congress. So and 87 percent support all across this language of Kenya is English. And they then it would enshrine the Hyde country. We haven’t discussed it very are grateful for it. It’s brought so much amendment and the Mexico City pol- much in this Congress because we along the way. icy. And we are going to repeal know who holds the gavel. But Ameri- So I am hopeful that this very sim- ObamaCare so we wouldn’t have to go cans want to have an official language. ple, common sense, powerful, unifying after that specific component of An official language of the United force of language, official English, ObamaCare that ends up funding abor- States needs to be English. And there which has a massive numbers of co- tions. I will call that the Ben Nelson are at least 28 States that have estab- sponsors on it and a vast support of the language. lished English as the official language. American people, even though we Fifth thing I would like to see in the And it’s no longer possible to drive haven’t debated it during the time that pledge to America that’s being un- from Mexico to Canada without driving NANCY PELOSI’s been the Speaker of folded right now as we speak, Madam through a State that has English as the the House in a real legitimate way any- Speaker, I would like to pass legisla- official language. That’s how the map way—there is a lot of things we haven’t tion that modernizes E-Verify. E- looks when you happen to look at the debated, won’t be allowed to come to Verify right now is you are limited. map. the floor—I am hopeful that that You can only use E-Verify with a new English is the official language of the pledge to America has official English hire. So when you look at someone’s State of Iowa. It’s the official language in it. application and you can’t verify wheth- of Nebraska. It’s the official language I believe that we should have a House er they can work in the United States of 26 other States. That’s because of rule that gives a priority that we actu- legally, then you have to give them the the simplicity that every other coun- ally first pass a budget resolution. But job. And then once you give them the try in the world understands you have I also believe that we should have a job, they are on your payroll. They to do business in a language, and that House rule that gives priority to the qualified for your insurance and all of if you encourage a multitude of lan- balanced budget that’s offered so that the burden that comes along with guages and require the interpretation it can be offered and it can be debated bringing somebody into your employ- in those languages that costs a lot of here on the floor and brought to a re- ment. money and causes a lot of confusion. corded vote so the American people can b 2000 And for a long time people that see how hard it is to balance this budg- watch and study humanity understand et. It’s hard, Madam Speaker. And it’s Then and only then can you run their that a common language is the most going to be really painful to bring the data through E-Verify and it might powerful unifying force known to man. thing to a balanced budget. And if we come back and it can’t confirm. And if I mean when they were working on the do it all at once there will be some se- it does that, you have probably got Tower of Babel, God understood it. He rious whiplash in this country. someone on your hands that can’t le- looked down at the Tower of Babel as Now, I voted for a balanced budget gally work in the United States. And they were trying to build that tower here. I have asked for one to come to so you give them their time to cure into the heavens to try to achieve the floor. We brought one under the their data and if they can’t get it heaven without going through God. Republican Study Committee. It first cured, then you have to fire them. And it was a blasphemy towards him. started out balancing in 10 years and I just simply, with the legislation And God looked down at the Tower of then 9 years. It wasn’t aggressive that I am hopeful that we are able to Babel and he said, behold, they are one enough to suit me. But at least it was bring, probably not this year, next people. They speak all one language. a vote on a balanced budget. And we year, to fix E-Verify so that you can And nothing that they propose to do started to debate what it takes to bal- use it on current employees, legacy will now be impossible for them. That’s ance the budget. And if you don’t do employees, so someone can decide I how powerful one language was. And so that you never get there. If you don’t want to clean up all my workforce. I to break up the Tower of Babel, God define your goal and your target, you have had some people that have been gave them, caused them to babble, and never get there. here for a year or two or 5 or 10. Some scattered them to the four winds. And So I would want to see a rule come may have been here illegally. I just there is at least a Biblical belief that here to the floor that we could support want to have a legal workforce. I want that’s where the different languages in a bipartisan way that would give to run all their names through E- came from that have been located precedence towards a balanced budget Verify. Why not? Why not give the em- around the world. to be offered first. And if the majority ployer the tool. But we know that if we come to- or the other party, be they majority or The second thing is why not let them gether as Americans and we speak all minority, offers a balanced budget, use E-Verify with a prospective em- one language we can communicate then that budget would take prece- ployee with a legitimate job offer? We quickly, we can understand each other, dence over the budget that’s offered have that under a drug testing law in we don’t need to go through expensive that is let’s say the chosen budget from Iowa, and it’s completely without any interpretations. And we also are listen- the majority of the Budget Committee. litigation or complaint. If you show up ing to the advertisements for different So that we have a record on what it and you want a job, you can go through means of learning foreign languages takes to balance the budget and who’s all of the hoops and they can say to under the immersion process. It’s the willing to vote for a balanced budget. you, I have done the interview, you best way, the immersion process. And I would think that we could get have passed all the tests but this one. Now, I encourage the studying and together on that in a bipartisan way. You have got to go off and take a drug the learning of languages. I think it’s And then we need to work to pay test before I can put you to work. great that Americans take that upon down the national debt. And I want to That’s what we do in Iowa, and no com- themselves to do that. It’s important see the day that we have a balanced plaints, no lawsuits. It’s the employer’s for our foreign trade and our inter- budget and we start to pay down this prerogative, and I encourage them to national travel. It’s important for our national debt. That’s the third thing I do that. They should be able to provide military and our State Department. would like to see in the pledge to a drug-free workplace. We should also It’s important for international rela- America. be able to provide, as employers, an il- tions. But a Nation should have a lan- The fourth thing is I want to put an legal-free workplace, modernizing E- guage where you can go from corner to end to Federal funding of abortions. Verify so it can be used on current leg- corner in that Nation and expect that And I would phrase it this way. I want acy employees and with a legitimate you can communicate in one language. to statutorily prohibit all Federal job offer is a legitimate thing to do. If it had been Swahili, then so be it, funds from going to any entity that The third component that we need to Swahili should be our official language. provides abortion services or coun- do, Madam Speaker, out of this is we

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6869 need to clarify that wages and benefits ployers get to write off the expense of against the law to deduct wages to paid to illegals are not deductible for hiring people illegally in this country illegals, but they are not enforcing it. Federal income tax purposes. Doing and be able to have the Federal Gov- Another piece that this law does is it that allows the IRS, during a normal ernment subsidize their commission of requires the IRS and the Social Secu- audit, to run the Social Security num- a crime when they hire somebody who rity Administration and the Depart- bers and the information data of the is not legally present. ment of Homeland Security to set up a employees of the audited company And your bill is right to the core of cooperative arrangement. So they have through E-Verify. And if they come what the American people are asking to sit down at the table and decide, back, they can’t lawfully work in the for, Democrats, Republicans and inde- well, here are these no-match Social United States—and we will give the pendents, saying, come on, why don’t Security numbers. We will roll these employer safe harbor if they use E- we get together in Washington and do over here in the Department of Home- Verify. Then the IRS can deny the the right thing and eliminate these ab- land Security so they can go check business expense. surd situations. them out when they go look at the em- This is a piece of legislation that I And this one is so logical, it is so ployers, and the IRS can take those have drafted called the New IDEA Act. moderate, and it’s so appropriate for numbers as well when they bring it So the net result is this, if you paid out the time. And if there is nothing else into their audit and bring the focus on a million dollars in wages, and the that we can agree on before we adjourn so that we are coordinating the agen- IRS—well, let’s just say multiple mil- this year, I would like to see, we should cies in America to get at the goal. The goal is to enforce the law. The lions—but the IRS has determined that agree, that the taxpayer should not be goal should not be to advance amnesty a million dollars of those wages have subsidizing the employment of illegal by the DREAM Act or any other way. gone to illegals, then they can deny aliens and the exploitation of those And we cannot be the great Nation workers. that as a business expense. And we that we are yet to become if we don’t I want to thank the gentleman for know when that happens it goes over take our path up that way by sup- on the profit side of the ledger, and it coming forward with this bill. porting and strengthening the rule of Mr. KING of Iowa. I want to thank becomes taxable as income. law, one of the essential pillars of So now you have got income tax to the gentleman from California for American exceptionalism. That’s the pay on a million dollars instead of hav- hustling here to the floor to weigh in. argument, amnesty or the rule of law. ing a million-dollar deduction that I yield to my other friend in life, Dr. It’s two choices. avoids that income tax. The corporate PAUL BROUN. And it looks now like the DREAM income tax on that is a profit, plus the Mr. BROUN of Georgia. Thank you, Act is not coming at us until perhaps interest, plus the penalty, calculates Mr. KING. I appreciate your leading, in a lame duck session. If it does, out out to be, if you are a $10 an hour ille- and I appreciate your leadership not of that Senate in a lame duck session, gal, you become about a $16 an hour il- only on this issue but on many others. that is an offense to the American peo- legal. The American people just say where ple to bring a bill like that with impu- When you get to that point, now you are the jobs, and these illegal aliens nity against the American people when have lots of employers that have de- here in this country must go home. We you no longer represent them because cided that they want to make a deci- must secure the border first and fore- of the election that will take place in sion to clean up their workforce and most. We must make English the offi- November. hire only legals and that shuts off the cial language of America. We must en- So, Madam Speaker, again, I thank magnet here in the United States in an force the laws on the books, but we my colleagues for coming to the floor. effective way. cannot put it on the back of the em- I appreciate your attention on this The last thing I want to do, right be- ployers or the States. matter. I appreciate the American peo- fore I yield, is I want to sell off all of We must put it on the back of the ple’s attention on this matter, and I this property that the United States Federal Government. believe they will stand with the rule of has taken over and nationalized, in- I congratulate you on a great job, not law and against amnesty. cluding the shares of General Motors only on this issue, but all that you are f doing. And we will continue to fight to and Chrysler. PROPOSAL TO REGULATE FLY Madam Speaker, may I inquire as to secure the borders, make English the ASH the balance of my time? official language, and do things that The SPEAKER pro tempore. The gen- the American people are just crying The SPEAKER pro tempore. Under a tleman has 4 minutes remaining. out for to create jobs here in America. previous order of the House, the gen- Mr. KING of Iowa. I yield to the gen- I congratulate you. tleman from West Virginia (Mr. MOL- tleman from California. Mr. KING of Iowa. I thank the gen- LOHAN) is recognized for 5 minutes. Mr. BILBRAY. I appreciate the gen- tlemen from Georgia and from Cali- Mr. MOLLOHAN. Madam Speaker, I tleman yielding. fornia for coming in to weigh in on rise today to call attention to an issue I wanted to take this chance because this. We are here at a time when we that threatens the economic viability I saw you on the floor. I think there have got to reestablish the rule of law, of many industries and the existence of are a lot of issues that are controver- and we have got to shut off the bleed- thousands of jobs in and around the sial and a lot of people see Democrats ing at the border, and we have got to coal fields of our Nation. That issue, and Republicans disagreeing on. shut off the jobs magnet. Madam Speaker, is the Environmental I want to use this time to com- This bill, the New IDEA Act, does Protection Agency’s proposal to regu- pliment the gentleman from Iowa for shut down, if not completely off, the late fly ash, coal ash, as a hazardous the fact that he has introduced the jobs magnet. And New IDEA stands for material. Over the past 2 years, Madam Speak- most moderate, the most logical and I the New Illegal Deduction Elimination er, the EPA has peppered the Federal think the most American bill when it Act. Government and the Federal docket comes to the immigration issue. This is Madam Speaker, we often say here with a myriad of proposed rules and something that really, really hits to there are no new ideas here in Con- undertaken aggressive, zealous en- the core of the problem and doesn’t gress, that it’s just recycled old ideas. forcement actions targeted at indus- blame the immigrant, but goes to the Well, this was kind of an audacious tries in Appalachian States. source of illegal immigration, and move to declare it to be the New IDEA This much continued pattern of rule- that’s the illegal employers who are ex- Act, but it defines what goes on. making and enforcement action is de- ploiting them. The New Illegal Deduction Elimi- structive to the central economic en- I think if there was one place that nation Act, right now, we have not gine that fuels this Nation’s energy Democrats and Republicans should be eliminated illegal deductions. needs. able to work together, that all Ameri- Instead, we have the IRS that’s not cans could agree on, that this Con- calling the shots on this. It’s letting b 2010 gress, this month, should eliminate the the deductions come, so people can hire In its latest round of regulatory bra- absurd situation to where illegal em- illegals with impunity. It really is vado, EPA released a proposed rule in

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6870 CONGRESSIONAL RECORD — HOUSE September 22, 2010 June to impose additional regulation of impact on job creation and economic Sudan that it was capable of change, coal combustion byproducts, fly ash, recovery. This rule option would be that it was capable of including the under subtitle C of the Resource Con- deeply damaging in West Virginia and south into a comprehensive plan to run servation and Recovery Act, RCRA, as throughout the Nation, and, therefore, the Government of Sudan. a hazardous waste. I’m speaking today, I strongly encourage EPA to pursue However, at the end of the 6-year pe- Madam Speaker, in opposition to the subtitle D option, the nonhaz- riod, which is on January 9, 2011, about EPA’s extreme and burdensome rule- ardous option, in its rulemaking proc- 6 short months from now, the Com- making option to regulate fly ash as a ess. prehensive Peace Agreement promised hazardous waste under subtitle C. I appreciate, Madam Speaker, the op- an opportunity for the people of the This rule, Madam Speaker, would un- portunity to speak this evening about south to determine whether the regime necessarily jeopardize construction and the importance of protecting West Vir- in Khartoum had changed enough that manufacturing jobs in addition to in- ginia jobs, the Nation’s jobs, and rea- they wanted to remain a part of Sudan creasing the costs of highway and sonably priced infrastructure. or whether they wanted to secede. Dr. other infrastructure projects which are f John Garang wanted to see a unified so vitally needed in my district and in Sudan, but, as you know, his untimely THE COMPREHENSIVE PEACE districts throughout the country. Why? death in a plane crash ended his dream. AGREEMENT IN SUDAN Because fly ash is an essential and rea- The people in the marginalized area sonably priced ingredient in products The SPEAKER pro tempore. Under of Abyei, the region that holds in the used by these industries, and this rule the Speaker’s announced policy of Jan- soil of Sudan oil wealth, would decide would in and of itself dramatically in- uary 6, 2009, the gentleman from New if they would remain and keep their crease that cost. Jersey (Mr. PAYNE) is recognized for 60 special administrative status in the Why is EPA pursuing the subtitle C minutes as the designee of the major- north or become a part of the south. option when the agency determined ity leader. That has to be determined. It should under both Democratic and Republican Mr. PAYNE. Madam Speaker, I rise have been determined even before Jan- administrations, Madam Speaker, today with Majority Leader STENY uary 9 of 2011. through two reports to Congress and HOYER to ring the alarm on the current The CPA laid out very clear bench- two final regulatory determinations situation in Sudan and underscore our marks to be met for those referendums that coal ash does not warrant regula- support for a timely, free, and fair ref- to take place and also included de- tion as a hazardous waste? During erendum on the independence of south tailed instructions for power sharing EPA’s four prior reviews of this issue, Sudan and Abyei in January 2011. and oil revenue. Still to date, these de- it concluded that States can safely Let me begin by thanking the major- tails have not been worked out. Now, manage coal ash under Federal nonhaz- ity leader for calling this critical, im- today, Khartoum threatens to pull out ardous waste rules. EPA’s subtitle C portant Special Order and for his con- of the agreement as Bashir’s regime option is wholly inconsistent with its tinued leadership on this issue, having has refused to cooperate on key meas- own past decisions. led codels to Sudan, having had peri- ures that must be put into place. Khar- Clearly, Madam Speaker, the 2009 im- odic meetings with administration offi- toum has repeatedly played games, poundment failure to Tennessee Valley cials, bringing in persons from Sudan, stalled, held up and obscured so many Authority’s Kingston facility, which south Sudan, in his continuing push for critical steps in fulfilling the CPA, so started all of this review, called impor- peace. And so, once again, I commend much that today it is unclear whether tant attention to this particular issue Majority Leader STENY HOYER. the referendum in January can actu- and reinforced the need for operational I was elected to Congress in 1988 and ally be held freely and fairly. changes to avoid future accidents. The was sworn into office in 1989, the same Must I remind the House that this is Federal Government must absolutely year that Omar al-Bashir came to the regime that carried out the first work to ensure safety and environ- power in a coup in Sudan. I have close- genocide to be declared by Congress mental protection where coal impound- ly followed the situation in Sudan ever when it was in progress? Nearly half a ments are concerned. EPA’s subtitle D since then, and I must say that I’m ex- million Darfurians have lost their lives option, regulating fly ash as a nonhaz- tremely concerned about what is hap- as a result, and more than 2 million ardous waste, provides these important pening now. The continuing and Darfurians have been displaced. protections while protecting the im- emboldened intransigence of the Bashir While Darfur is no longer on the portant economic opportunities avail- regime threatens to unravel the peace front pages of newspapers, the people able through beneficial recycling of that was won 5 years ago and spark a still suffer. Last week, chief prosecutor coal fly ash. return to conflict. of the International Criminal Court, Madam Speaker, regulating fly ash On January 9, 2005, members of the Luis Moreno Ocampo, was at my Brain as a hazardous material is overkill, United States Government, including Trust at the Congressional Black Cau- putting precious jobs at stake, and myself, witnessed the signing of the cus Foundation’s Annual Legislative would cost $1.5 billion a year to imple- Comprehensive Peace Agreement in Conference and called it a silent geno- ment according to EPA’s own esti- Nairobi, Kenya. The Comprehensive cide that is happening in Darfur. Khar- mates. These costs will be absorbed by Peace Agreement ended the ghastly 21- toum has strangled aid, cut off IDP American families who are already fac- year civil war between the north and camps, and is watching the people of ing constraints of tough economic the south of Sudan, a war that Darfur slowly starve to death. times. the lives of 2 million southerners and Coal combustion by-products are cur- displaced more than 4 million; a war in b 2020 rently recycled for several perfectly which the Bashir regime used aerial This is the regime headed by a Presi- safe and beneficial uses, including ce- bombings against innocent, defenseless dent who has been indicted by the ment, road materials, and wallboard. children, women, men, disabled people, International Criminal Court for war These beneficial uses of coal ash create and elderly; a war that nearly de- crimes and for genocide. Again, as the jobs. The subtitle C option would un- stroyed the entire region of south CPA is supposed to come into full com- necessarily stigmatize coal ash and ob- Sudan. But what was so great about pletion in less than four months, there struct its beneficial use in these vital, the people of south Sudan—they could is the threat of massive violence once important infrastructure projects. It’s not destroy the spirit of the people of again against the people of the south. counterproductive to add more waste the south. We have seen several reports of armed to our landfills when we could be safely The Comprehensive Peace Agree- shipments into the south to arm the putting it to use in our roads and ment, championed by the late Dr. John Misseriya militias that were such a de- bridges, creating more jobs and build- Garang, who led the struggle in the stabilizing force in the north-south ing projects at reasonable prices. south, outlined a path to secure lasting war. This is very serious. In closing, Madam Speaker, EPA’s peace, a 6-year interim period, during As the administration rolls out a new subtitle C option for coal ash regula- which Khartoum would have an oppor- policy that includes incentive packages tion will have a significantly adverse tunity to show the people of south to sway Khartoum to do the right

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Is this a re- tional elections, a referendum on self- again seems all too real. gime deserving of a second chance determination for the south, resolution Now, as on my congressional delega- again and again and again? I dare say, of the border disputes, and the willing- tion to Sudan 3 years ago, our focus re- no. ness of the respective parties to live up mains the same: Promoting peace, sta- So what have we learned? In the to their agreements.’’ bility, and reconstruction across the words of the late Dr. John Garang, the Unfortunately, Sudan’s elections in whole of Sudan. This is not only our Bashir regime, as Dr. Garang said, April 2010 certainly did not meet any- moral obligation but an important na- Bashir and his regime is too deformed one’s standards for a legitimate elec- tional security goal as well. We must to be reformed. The U.S. must provide tion. Those elections were marred by work to ensure that Sudan does not be- leadership in the international commu- widespread violation of political rights, come a safe haven for terrorists. To- nity. I call on President Obama, Sec- irregularities in voter registration, in- night we are here to send a message to retary Clinton and Special Envoy timidation, and violence in some areas, all those who live in and care about Gration to provide clear leadership and and the continuing conflict in Darfur Sudan. We support full implementation to not give in to this regime and make that suppressed voter participation. of the Comprehensive Peace Agree- sure that they live up to what they Predictably, the National Congress ment. We support a timely, peaceful, have said. Party has consistently delayed and free, and fair referendum on independ- I urge the President to meet with reneged on its CPA commitments. ence. And we support an end to the vio- First Vice President of Sudan and Madam Speaker, this is a critical mo- lence in Darfur. President of Southern Sudan Salva ment for Sudan. The CPA-mandated These are immense challenges, to be Kiir, and to make it clear to him that referendum is just 4 months away. The sure. But Sudan’s central government the United States will provide support, CPA has not yet been fully imple- has shown that it pays close attention that the south needs to ensure that the mented. Voter registration for the ref- to the international community’s in- CPA does not crumble and war does not erendum has not yet taken place, and tentions and actions, which is why we break out again in the south. The mes- key procedures have not even been es- must present a unified, comprehensive sage to Khartoum must be that a dis- tablished. position in our response to both the on- missal of the CPA in any form will not In addition, the violence in Darfur going violence in Darfur and the north- be tolerated. We demand a free and fair persists. The Bashir regime continues south conflict. referendum for the people of south to restrict and disrupt United Nations I want to be absolutely clear: Darfur Sudan and Abyei. We demand justice peacekeeping, humanitarian oper- remains and will remain a point of and accountability. We demand a real ations, and human rights organizations focus for this Congress. We recognize end to genocide in Darfur. in Darfur, leaving more than 2 million that peacekeepers are struggling and in At this time I yield to Mr. BRAD MIL- people still displaced and vulnerable. LER, a member of the Subcommittee on The Bashir regime must know that many cases failing to fulfill their civil- Africa and Global Health who has done the whole world is watching. We can- ian protection mandate, and that hu- a tremendous amount during his time not divert our attention from Sudan. manitarian groups are swimming in on the committee. We must remain committed and insist redtape and facing daunting security Mr. MILLER of North Carolina. Mr. upon the full implementation of the challenges. Speaker, I also rise to call attention to CPA to ensure sustainable peace in President Obama and the inter- critical issues that Sudan now faces. Sudan. national community must continue to More than 3 years ago, I was part of a Mr. PAYNE. Let me thank the gen- push Khartoum on the issue of humani- congressional delegation to Sudan led tleman for his statement. I appreciate tarian access and independent human by Majority Leader STENY HOYER, who his work on the Subcommittee on Afri- rights monitoring in the region. will speak shortly. Other members of ca and Global Health. b 2030 that delegation are here to speak to- At this time I would like to hear night as well. from the gentleman who called for the In the wake of what appears to be a This past January marked the fifth Special Order today, the majority lead- near collapse of the latest efforts in anniversary of the signing of the Com- er from Maryland, Mr. STENY HOYER. Doha, we must continue to strive for a prehensive Peace Agreement, or the Mr. HOYER. I thank my friend for viable peace process. Congress is CPA, that ended more than 20 years of yielding and for leading this Special watching. Congress will hold you ac- civil war between the north and the Order. I was pleased to, with him, un- countable. Tonight, however, I want to south of Sudan. That conflict was dertake this Special Order because of focus my remarks on the need for full marked by northern aggression against the timeliness of the crisis that con- CPA implementation and specifically the south. It resulted in the deaths of fronts Sudan and the implementation on ensuring that the referendum on more than 2 million people, and more of the agreement. I want to thank all southern independence takes place on than 4 million people in Southern of the Members for participating in time and, as I said, in a free, fair and Sudan fled their homes, becoming ‘‘in- this Special Order as well. It is impor- peaceful manner and that results are ternally displaced persons,’’ or IDPs, in tant that we in the Congress stay fo- respected by Khartoum and the inter- the jargon of relief efforts in conflicts cused and send a message, as I will national community. around the world. here, that we are focused. And I ap- With the referendum approaching on The CPA committed the northern- plaud the gentleman for his statement January 9, 2011, our own Secretary of dominated National Congress Party tonight. I applaud him even further for State has said that we can hear the and the southern-dominated Sudan his continuing leadership. Nobody in loud sound of a ticking time bomb— People’s Liberation Movement to gov- the Congress, in either the House or Secretary Clinton’s words—the possi- ern jointly for 6 years, followed by a the Senate, has been more focused over bility of new bloodshed. referendum on self-determination for a longer period of time, has traveled What can we do to prevent it? Southern Sudan and Abyei. That ref- more extensively throughout the The U.S. has stepped up its diplo- erendum must happen as scheduled in 4 world, and to some of the most trou- matic efforts in southern Sudan, and is months, and the referendum must be bled spots in the world, and to Sudan, providing $12 million for elections se- free, fair, credible, and a true reflec- than the gentleman from New Jersey curity, allowing the government of tion of the will of the people. If not, (Mr. PAYNE) and I thank him for his southern Sudan to establish 11 joint the CPA will mark only a 6-year pause leadership. operation centers in Juba and in the 10 in Sudan’s civil war, not an end to the In fewer than 4 months, Southern states in collaboration with other part- war. Sudan will hold a referendum on inde- ners.

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6872 CONGRESSIONAL RECORD — HOUSE September 22, 2010 I also want to applaud President To the government of south Sudan: sion and leadership on this issue. Your Obama for attending Secretary General The U.S. Congress is committed to statement here was so thorough. I real- Ban Ki-moon’s high-level meeting on the referendum, and firmly believes ly appreciate your leadership. Sudan this Friday at the United Na- that it is the best mechanism for you At this time, I would like to recog- tions in order to discuss what more the to express your right of self-determina- nize the co-chair of the Sudan Caucus, international community can do to en- tion. Alternative approaches will only a gentleman who has traveled to sure a fair and safe vote. My hope is renew the turmoil that the CPA was Sudan. He has been a fighter on this that a powerful package of multilat- designed to end—and will severely issue. He has been to meetings with the eral pressures and incentives will come weaken the future of your people. Chinese and with other persons who out of this meeting and those that fol- We need you to step up as well. We had to be convinced that they should low. need you to come to the table as a change their ways. It is my pleasure to I also support the administration’s ready and willing partner, and we need introduce and to yield to him as much efforts to prepare for January with you to devote resources, time and en- time as he may consume, the gen- former South African President Mbeki, ergy to finalizing an operational plan tleman from Massachusetts, Represent- who is leading the African Union’s ef- and budget, agreeing on voter registra- ative CAPUANO. forts in Sudan as well as with inter- tion criteria and procedures, and hiring Mr. CAPUANO. I would like to thank national financial institutions and and training registration workers. the gentleman from New Jersey. He international development agencies; There is hard work in front of you, but has been a great leader on this issue but more can and must be done. We the reward in the form of your people’s and on so many other issues with re- must hurry to establish a formal mech- right to choose their own future is gard to international matters. anism to help get the north and south clearly precious. I would also like to thank the major- to agreement on all of the outstanding To the Obama administration and ity leader for organizing this Special issues. Such a mechanism must include the international community: Order during such an important week. Thank you. Thank you for your ef- buy-in from civil society in an orga- The reason we are doing this this forts to strengthen peace in Sudan but nized way. The CPA is a positive model week, really, is that the President is to keep them going. We will all have to on this front. scheduled to be at the United Nations work vigorously to ensure that the ref- The international community, in- this week to meet on the Sudan issue. erendum is a success, but the con- cluding our own administration, must It seems like things are coming to a sequences of failure should be more continue to remind those countries head. As you’ve heard many, many than ample motivation for us all. with a stake in the outcome, including Friday’s high-level meeting at the times—and I’m not going to repeat the Russia, Egypt and especially China, United Nations must be a productive facts, because the facts have been that it is in their own best interests to and serious one, and more conversa- said—we have an election that is sched- advance peace and stability in Sudan. tions must follow. They must be fo- uled to come up in January which is This is an international responsibility. cused on how the international com- very critical to this region. Let me be We must support U.N. peacekeepers munity will work together to assist in clear: and urge them to do more to protect ci- the technical, logistical and oper- To me, this may not be the most im- vilians. We cannot simply throw our ational stages of the vote; to monitor portant issue to most of my constitu- hands up in complaint about a rel- and observe the process from start to ents. I know that. I realize that. Jobs atively ineffective peacekeeping sys- finish; to guarantee implementation of are more important. The economy is tem. We must fix it. the results; and to mediate in case of more important. But America has al- Finally, efforts in south Sudan must any disagreement. You have the Con- ways been and, I think, always should not be solely focused on the day of the gress’ full support in this effort. be more than just about business. It referendum but also, of course, on the To the humanitarian community, es- has to be about morality and ethics as day after. pecially to the American-based NGOs well. In this case, the morality of a The international community must working on the ground in Sudan: genocide, or the immorality of a geno- step up efforts to prevent southern You represent the best of American cide—the immorality of keeping people Sudan from becoming what the econo- selflessness and generosity. You do enslaved, literally enslaved at a recent mists called a ‘‘pre-failed state.’’ We God’s work. Thank you for that. point in the history of Sudan—is some- know the dangers that failed states This Congress pledges to continue ad- thing that, I think, only America is pose to our own national security. We vocating for improved humanitarian qualified to stand up and scream about. have seen that. If we want to prevent access so that you can continue to do Up until now, the history in this re- the emergence of a new one, the inter- your jobs and advance the goals for gion has been terrible. There have been national efforts on everything from which you have put your safety and, civil wars. There has been genocide. road building to literacy education to yes, even your lives on the line. Im- There has been every form of human establishing a viable economy in one of proving the daily lives of people living degradation you can find, mostly per- the world’s most underdeveloped areas in one of the world’s most war-torn re- petrated either directly or indirectly deserves and should have our support. gions is a moral responsibility for us by the government in Khartoum. Regardless of the steps we and the all. b 2040 international community take, the de- Finally, to the people of Sudan: cision to turn this vote into a founda- We stand with you. You deserve far At the same time, I’m one of those tion for peace instead of one for further more than the bloodshed and death and people that believes anyone can change war ultimately rests in the hands of dislocation that year after year have their ways on any given day. That’s the Sudanese. So my message to Khar- brought you. You deserve what we all not to forget the past, but it’s also the toum is this: deserve—a chance to live our lives and only way to find a way forward. The Step up. Step up, Khartoum. At the raise our children in peace. America government in Khartoum is at that risk of sounding cynical, surprise us. will do everything in its power to en- crossroads right now. They have a This referendum is part of a peace sure that January is the beginning of choice, whether to actually move for- agreement that you signed in 2005. that chance, not its untimely end. ward and allow the people of south Come to the table. Work to advance a Again, I thank the gentleman from Sudan to make their own decisions le- peaceful outcome, and don’t lead your New Jersey—one of the senior Members gitimately in January, whether they country back into war. The adminis- of this Congress, the leader of our ef- wish to go their own way or wish to re- tration has clearly communicated to fort on the African continent—a con- main associated with Sudan, and then you that there are both painful pres- tinent so critically important to the to enforce whatever the people of sures and real incentives on the table. future of the global community. I Sudan decide and to do it in a peaceful It is your choice, of course, and rest as- thank him for yielding me this time. way. This is important to the Amer- sured that the United States Congress I yield back. ican people on a moral side, as I said, is watching your choice and will hold Mr. PAYNE. Let me, once again, but it is also important on a very real- you accountable. thank the majority leader for his pas- istic side. This particular area—I’ll be

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6873 honest. I don’t think—as a matter of Leader HOYER for reserving this valu- gressional district in Marin County fact, I am certain. I could not have able time tonight to bring attention to that had a very interesting forum found Darfur on a map before I got to Sudan. where we discussed with Darfurian citi- Congress. I might have been able to While it may have slipped from the zens, former citizens of Darfur in the come close to finding where Sudan was, front page of the newspapers and head- south. Your district is so progressive, but it would have been a guess. I know lines of the nightly news, the crisis in and it was my pleasure to be there in that most of my constituents, most Sudan is still in a very critical stage. the great State of California. Americans are not sitting there know- In Darfur, rape is being used as a At this time, I would like to ask the ing all about this, but they will know means of terror and warfare. Hundreds gentleman from Virginia who has it if it goes the wrong way, and they of thousands of people are living in ref- served in Africa—he has done out- will know it because the entire region ugee camps or are displaced from their standing work prior to coming to Con- will go up in flames. There will be mil- homes. Militias with strong ties to the gress, very knowledgeable, and a de- lions of people put at risk. government in Khartoum brutalize lightful advocate for people who are Everybody in America knows where Darfurians. So we have a long way to striving for justice—Representative Somalia is because it’s a lawless re- go before the people of Darfur can feel PERRIELLO, I yield to you as much time gion. They know where Eritrea is, safe and return to a normal life. as you may consume. Ethiopia, all difficult parts. This is The Comprehensive Peace Agreement Mr. PERRIELLO. Thank you very right next door. It sits in a critical re- was supposed to lay out a framework much, Chairman PAYNE. History will gion. If civil war starts again in a seri- for peace between the north and the look kindly on your willingness to ous way, if genocide raises its ugly south, but as we get closer to the date speak up and fight for those who had head again, the entire region will go for the referendum, security and fair- no voice in this body. Mr. HOYER, our up. Most countries in that area will be ness seems to have become farther out leader, your willingness to commit to directly affected, and it will directly of reach than it was earlier on. The this issue and to answer the call of affect America and the rest of the south is forced to hope that President Matthew 25, to serve those who are the world. Something like that cannot go Bashir, a man indicted by the Inter- least among us, is one, I believe, will on without doing it. national Criminal Court for war resonate as well. That is why I am here today, to re- crimes, they are to hope he will sup- Tonight we have a simple question: mind the American people, who I port an honest and clean election, free When we say ‘‘never again,’’ do we think, across the board, agree that from intimidation and free from cor- mean it? When we say ‘‘genocide, never genocide is something that needs to be ruption. Many remain skeptical that, again,’’ ‘‘crimes against humanity, screamed about and stopped whenever when the time comes, President Bashir never again,’’ ‘‘women and children possible, agree that people should have will actually allow the south to vote dying, 30,000 a day, from hunger and their own right to self-determination— unobstructed. preventable disease, never again,’’ it’s that’s not the point—but also to put As Chairman PAYNE knows, because easy to put on a bumper sticker, it’s the issue in front. he has visited with and he has been easy to say at a public event, but mak- I also want to thank the administra- honored by the people in my district ing it a reality is never simple. tion. The Obama administration has who are working in regards to Darfur We face today, without the luxury of put this issue at the top of its agenda, and have been on top of this issue from ignorance, the knowledge that people and I respect them and thank them for the beginning, they know that the peo- suffer around the world unspeakable that. There are carrots and sticks on ple of Darfur are suffering. They have atrocities, and for too long that has in- the table for Khartoum if they choose long supported the rights of the Suda- cluded the people of Sudan, throughout to take those carrots. If they don’t, nese people from a project called Tents Sudan. Today we focus primarily on none of us really want to implement of Hope, to letter writing and fund- the important issue of democracy and those sticks, but none of us are allowed raising. I think the project is called peace for those who have suffered for to sit back and simply let genocide go Dear Darfur, Love Petaluma. That was two decades in southern Sudan, but we forward without doing what we can. the first one. That is where I live. Then also know that the Comprehensive So that’s why I came today, to say there was, Dear Darfur, Love Marin Peace Agreement cannot be used to thank you to the administration, to County; and later, Dear Darfur, Love hold hostage the women, children, and encourage the Khartoum regime to San Francisco. vulnerable of Darfur and Blue Nile re- make the right choices—it’s not too So Marin and Sonoma Counties, gion and other areas. late—and to thank the administration where I represent, consistently have We sit here today with an oppor- for all it is doing and to encourage stood for peace and justice in Sudan, tunity to shed light, and, more impor- them to do more. I join my colleagues and they have been really outraged at tantly, to produce results for those in asking the administration to meet what they have seen. In fact, they who have suffered for too long. It is not with Salva Kiir, the leader of south teach about the issue in schools where enough for this to be something we Sudan, at least meet with him and talk their students are raising funds for the speak from this floor or even some- to him, hear it directly from him. And people of Darfur, and they’re helping thing that we use when we engage di- I hope that we won’t have to be back paint the tents for the Tents of Hope. rectly in our diplomacy and conversa- here in January talking about this With their support, I join my col- tions with Sudan. issue, other than to congratulate the leagues in the House on calling on the b 2050 people of south Sudan and Sudan for Obama administration to put more having conducted a lawful and pressure on the Government of Sudan. This is larger than that. It must rank thoughtful plebiscite. We must demand that Khartoum and up when we talk to Egypt, Russia, Thank you, and I yield back. President Bashir allow a fair ref- China, and others who do so many deal- Mr. PAYNE. Let me thank the gen- erendum and to permit international ings with this regime, a regime that I tleman again. As I indicated, he co- assistance and monitoring. believe is ultimately irreparable. chairs the Sudan Caucus, and he has Further, the plight of the Darfurians We can now say that we will support been very, very involved from day one. must not be pushed to the side in def- the Democratic process for Southern We really appreciate his leadership. erence to the north-south situation. Sudan and ensure a fair referendum. At this time, I would like to yield The genocide continues, and Sudan will And we know from the history of this such time as she may consume to the never be free of oppression and violence country that supporting democracy is gentlelady from California, a member until President Bashir and his reign of not something we do because it’s easy. of the Subcommittee on Africa and terror is brought to an end and he is We do it because it’s right. It’s not Global Health, a person who has trav- held accountable. something because it happens over- eled to Africa, Congresswoman WOOL- Thank you, Mr. PAYNE. night. It’s something we support be- SEY. Mr. PAYNE. Let me thank the gen- cause we know through the arc of his- Ms. WOOLSEY. First, I’d like to tlelady, the cochair of the Progressive tory bending towards justice, we move thank Chairman PAYNE and Majority Caucus. And let me commend your con- towards a more democratic and free

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6874 CONGRESSIONAL RECORD — HOUSE September 22, 2010 world, and that that should apply as and economic negotiations, when it Darfur or to corruption and poor lead- much to the people of Sudan and the came time for a commitment to peace- ership in any part of Sudan. Too much continent of Africa as it does here for keeping and multilateral operations blood has been shed and too many lives those blessed enough to be born in the that are so important, to those who have been lost. The United States must United States. have given tireless hours, and those continue to work with our inter- And we also know, and I know from who unfortunately are not here to see national allies to provide aid and pro- my experience of working in areas such this through to completion. mote peace—because that’s the right as Sierra Leone, that democracy and We are at a moment where, after thing to do. We should do everything fair elections are not something that years of struggle, we are brought to the we can to see to it that the citizens and happen on the day of the vote. They edge of the promised land. There is a leaders of Sudan come together, put an are something that must be built to- chance for us to see this through. Let end to tribal violence, and commit wards by ensuring a fair process of reg- us ensure a fair and just election proc- themselves to the welfare of Sudan. istration, of accountability, of avoiding ess for Southern Sudan. Let us use that Again, with my thanks to Mr. PAYNE the kind of intimidation and corrup- as a springboard to ensure democracy and to the majority leader for their tion that builds up in these situations. and basic justice and decency for the leadership, I yield back the balance of And I think it’s important to note west, the east, the north, and the cen- my time to the gentleman from New that we are keeping an eye on this ter of Sudan as well. Jersey. early, but we must be vigilant. The I thank Mr. HOYER. I thank Mr. Mr. PAYNE. Let me thank the gen- people of Darfur and the people of PAYNE. I thank all of those who have tleman for the continued good work Southern Sudan have a chance to spoken up. And I hope that this will that you do. speak. not be another case where we sit by As we conclude, you’ve heard the One of the greatest gifts of the Great- and let ‘‘never again’’ echo silently and words from our leader, Representative est Generation was the idea of global powerlessly through the ages, but in- HOYER, you’ve heard Members of the security in a world of expanding free- stead we look back proudly on what we Congress express themselves. I, too, dom and democracy. In the same way, stood up to do as Americans and as would like to say that this has been a they have handed that torch to us. As human beings. bipartisan effort. Congressman WOLF, Mr. PAYNE. Let me certainly once Americans, they asked us to make sure Senator BROWNBACK. The last hearing I again commend the gentleman from we were looking on that in terms of the had, I invited him to come to the Virginia. The work that he’s done community of nations. House hearing, and he did an out- speaks for him. And it’s a pleasure to And we’ve seen good bipartisan sup- standing job. have him in our House of Representa- port. I want to recognize the leadership But many of us say that this issue tives, and we will certainly look for- of Congressman FRANK WOLF and Sen- must be resolved. And it’s the historic ward to your continued leadership in ator BROWNBACK and others who’ve problem of the region of Egypt and been willing to shed a light on this the next Congress. At this time I’d like to introduce a Sudan. Back at the end of the Ottoman issue and speak up, not just on peace gentleman from Georgia who has Empire back in 1914, the British came vaguely, but the reality that we must shown interest in many issues as it re- in and jointly kind of ruled Egypt and be willing to hold this regime account- lates to human rights, the gentleman Sudan. And finally during the Suez able even when that’s difficult, even from the great State, as I mentioned Canal crisis in the early 1950s, the when that costs us diplomatic points. from Georgia, Representative BARROW. Egyptian revolution started to move With indicted world criminals like Mr. BARROW. I thank the gen- forward, and it was felt that Egypt and Haroun who are put into government tleman. I thank him for his leadership Sudan had to separate if Egypt was positions after having overseen some of in this area. going to get its independence. the worst atrocities of the last 25 I, too, want to join in thanking the Interestingly enough, Sudan was the years, we must ask ourselves whether majority leader for his leadership and first black nation to get independence we mean never again, whether we’re se- his passion on this issue and bringing from any of the colonial powers, back rious about justice and accountability. this matter to the attention of the on January 1 of 1956. However, right I’ve spent time with the rebel groups House this evening. prior to that independence, the war in Darfur. I’ve spent time with those Madam Speaker, I rise today in sup- broke out between the north and the who are suffering under decisions, port of the people of Sudan and to south. criminal decisions, horrific decisions pledge my continued commitment to And one of the problems that we have made by these individuals. Yes, we achieving lasting peace and security seen today was because the British had must start with this comprehensive for the Sudanese people. two administrations. It had an admin- peace agreement, we must not allow it Three years ago, I traveled to the istration for the north, and it had an to backslide. But we must also see this Darfur region of Sudan as part of an of- administration for the south. And way as the beginning of a process of ensur- ficial, bipartisan congressional delega- back during its administration, it cre- ing justice and accountability more tion. During that time, I was able to ated the difference between the north broadly. meet with a host of individuals ranging and the south. And those problems just One of the great Sudanese figures of from the President of Southern Sudan, continued to move forward. And some the modern era, Manute Bol, recently United Nations peacekeepers, min- of those issues remain today. The fact passed away. In fact, he spent his final isters from the government of South- that the many groups of Sudan, many days in a hospital in my district having ern Sudan, the Speaker of Parliament, diverse—there are about 38 million peo- given away literally everything he and rebel leader and Darfur Peace ple in Sudan. It’s interesting that 49 had—not just his financial resources Agreement-signatory, Mr. Minni percent are black, and 38 percent are but every ounce of energy he had in his Minawi. Each of these individuals holds Arab, and 11 percent are Nubians. soul and body to ensure this. He is just an essential stake in peace. And the problem in Darfur would sur- the tallest and most symbolic and Sudan’s Democratic and geographic prise many people because the known of those who have given their integrity, as well as the lives of its peo- Darfurians were people who worked lives in the fight for democracy and ple, depend on the continued leadership with the National Congress Party. The freedom for those in Southern Sudan. of these and many other individuals. Darfurians were persons who were in We must not allow Mr. Bol and oth- This year, as we mark the fifth anni- the armed services of the government ers to have died in vain. Those who are versary of the signing of the Com- of Sudan. in a position to ensure otherwise, in- prehensive Peace Agreement that put cluding those in this body on both sides an end to Sudan’s 21-year-old civil war, b 2100 of the aisle, must stand up and ensure I’m encouraged by the gains that have When the Government of Sudan those that who had the courage to been made, but there is still much turned on the Darfurian people, bomb- stand up and demand what was right, more work to be done. ing them, killing them, then allowing that we had their back, that we had The United States cannot and will the Janjaweed to come and rape and their back when it came to diplomacy not turn a blind eye to genocide in burn and pilfer, kill animals, throw

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6875 them into wells, shocked many people Mr. PAYNE. I yield back. Mr. COFFMAN of Colorado, for 5 min- because Darfurians were relatively f utes, September 23. loyal to the Government of Sudan. Ms. FOXX, for 5 minutes, today. So this is terrible government, a gov- LEAVE OF ABSENCE Mr. TIAHRT, for 5 minutes, today. ernment that has tried to have an By unanimous consent, leave of ab- Arabization program. And the war be- sence was granted to: f tween the north and the south is be- Ms. BORDALLO (at the request of Mr. cause Dr. John Garang and the people HOYER) for today and the balance of SENATE BILL REFERRED of the south who were Christians and the week on account of official busi- A bill of the Senate of the following animus did not want to live under ness in district. title was taken from the Speaker’s sharia law, which was being imposed by Mr. JACKSON of Illinois (at the re- table and, under the rule, referred as al-Bashir. quest of Mr. HOYER) for today on ac- follows: So we have to continue to push to count of travel delays. make sure that the CPA from January Ms. KILPATRICK of Michigan (at the S. 624. An act to provide 100,000,000 people with first-time access to safe drinking water 9 is upheld in 2011. We have to remem- request of Mr. HOYER) for today. ber those—Rebecca Garang, the widow and sanitation on a sustainable basis by 2015 f of Dr. John Garang, who still today is by improving the capacity of the United States Government to fully implement the raising her children. Those who have SPECIAL ORDERS GRANTED Senator Paul Simon Water for the Poor Act fought with the SPLA, SPLM for By unanimous consent, permission to of 2005; to the Committee on Foreign Affairs. many, many years will have their op- address the House, following the legis- portunity. lative program and any special orders f Whatever the people of Sudan and heretofore entered, was granted to: the south decide, that is what we (The following Members (at the re- ENROLLED BILL SIGNED should allow to be the word. It should quest of Mr. BRIGHT) to revise and ex- Lorraine C. Miller, Clerk of the be up to the people of the south, what- tend their remarks and include extra- House, reported and found truly en- ever they decide. Whether they decide neous material:) rolled a bill of the House of the fol- to remain a part of Sudan or whether Mr. BRIGHT, for 5 minutes, today. lowing title, which was thereupon they decide to separate, we should en- Ms. WOOLSEY, for 5 minutes, today. sure that whatever their decision is Mr. DEFAZIO, for 5 minutes, today. signed by the Speaker: that we will guarantee that the will of Ms. KAPTUR, for 5 minutes, today. H.R. 3562. An act to designate the federally the people be done. (The following Members (at the re- occupied building located at 1220 Echelon Parkway in Jackson, Mississippi, as the I would like to once again thank our quest of Mr. TIAHRT) to revise and ex- majority leader for his continued inter- tend their remarks and include extra- ‘‘James Chaney, Andrew Goodman, Michael est, Members who have come to par- Schwerner, and Roy K. Moore Federal Build- neous material:) ing’’. ticipate. Mr. BURTON of Indiana, for 5 minutes, GENERAL LEAVE today, September 23 and 24. f Mr. PAYNE. Madam Speaker, I ask Mr. POE of Texas, for 5 minutes, Sep- unanimous consent that all Members tember 28 and 29. ADJOURNMENT may have 5 legislative days in which to Mr. JONES, for 5 minutes, September revise and extend their remarks and in- 28 and 29. Mr. PAYNE. Madam Speaker, I move clude extraneous material on the sub- Mr. WESTMORELAND, for 5 minutes, that the House do now adjourn. ject of this Special Order on Sudan. today. The motion was agreed to; accord- The SPEAKER pro tempore. Is there Ms. ROS-LEHTINEN, for 5 minutes, ingly (at 9 o’clock and 3 minutes p.m.), objection to the request of the gen- today and September 23. the House adjourned until tomorrow, tleman from New Jersey? Mr. THOMPSON of Pennsylvania, for 5 Thursday, September 23, 2010, at 10 There was no objection. hminutes, September 23. a.m. BUDGETARY EFFECTS OF PAYGO LEGISLATION Pursuant to Public Law 111–139, Mr. SPRATT hereby submits, prior to the vote on passage, the attached estimate of the costs of the bill H.R. 2923, the Combat Methamphetamine Enhancement Act, as amended, for printing in the CONGRES- SIONAL RECORD.

ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR H.R. 2923, THE COMBAT METHAMPHETAMINE ENHANCEMENT ACT OF 2010, AS AMENDED

By fiscal year, in millions of dollars— 2010– 2010– 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2015 2020

NET INCREASE OR DECREASE (¥) IN THE DEFICIT Statutory Pay-As-You-Go-Impact ...... 0 0 0 0 0 0 0 0 0 0 0 0 0 Note: Enacting H.R. 2923 could increase revenues and direct spending, but CBO estimates that nay net budget impact would not be significant in any year. The bill would require retail businesses that sell certain pharmaceuticals through the mail to submit a self-certification document to the Drug Enforcement Administration (DEA). The bill also would prohibit distributors of certain pharmaceuticals from selling products to persons who have not registered or self- certified with DEA. Violators of the bill’s provisions would be subject to civil and criminal fines. Civil fines are recorded as revenues and deposited in the U.S. Treasury. Criminal fines are recorded as revenues, then deposited in the Crime Victims Fund, and later spent. Pursuant to Public Law 111–139, Mr. SPRATT hereby submits, prior to the vote on passage, the attached estimate of the costs of the bill H.R. 4195, To authorize the Peace Corps Commemorative Foundation to establish a commemorative work in the District of Columbia and its environs, and for other purposes, as amended, for printing in the CONGRESSIONAL RECORD.

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00065 Fmt 4634 Sfmt 8634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6876 CONGRESSIONAL RECORD — HOUSE September 22, 2010 ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR H.R. 4195, A BILL TO AUTHORIZE THE PEACE CORPS COMMEMORATIVE FOUNDATION TO ESTABLISH A COMMEMORATIVE WORK IN THE DISTRICT OF COLUMBIA AND ITS ENVIRONS, AND FOR OTHER PURPOSES, AS AMENDED

By fiscal year, in millions of dollars— 2010– 2010– 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2015 2020

NET INCREASE OR DECREASE (¥) IN THE DEFICIT Statutory Pay-As-You-Go-Impact ...... 0 0 0 0 0 0 0 0 0 0 0 0 0 Note: H.R. 4195 would authorize a nonprofit organization to establish a commemorative work on federal lands in the District of Columbia. Under current law, sponsors of the project would donate 10 percent of the memorial’s estimated cost to the federal government for future maintenance. That receipt would be fully offset by transfers to the National Park Foundation (a nonprofit organization), where funds would be retained until used. Pursuant to Public Law 111–139, Mr. SPRATT hereby submits, prior to the vote on passage, the attached estimate of the costs of the bill H.R. 6130, the Strengthening Medicare Anti-Fraud Measures Act of 2010, as amended, for printing in the CONGRESSIONAL RECORD. ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 6130, STRENGTHENING MEDICARE ANTI-FRAUD MEASURES ACT OF 2010, AS AMENDED

By fiscal year, in millions of dollars— 2010– 2010– 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2015 2020

NET INCREASE OR DECREASE (¥) IN THE DEFICIT Statutory Pay-As-You-Go-Impact ...... 0 0 0 0 0 0 0 0 0 0 0 0 0 Note: H.R. 6130 would give the Secretary of Health and Human Services additional authority to exclude individuals from participation in federal health care programs if they are affiliated with an entity that has been sanctioned. Enact- ing this legislation could affect direct spending for Medicare and Medicaid. CBO expects the bill would result in the exclusion of few individuals who would not be excluded under current law. CBO estimates that enacting H.R. 6130 would have no significant budgetary impact. h

EXECUTIVE COMMUNICATIONS, 9503. A letter from the Assistant Secretary, 9511. A letter from the Attorney Advisor, ETC. Legislative Affairs, Department of State, Department of Homeland Security, transmit- transmitting Transmittal No. DDTC 10-092, ting the Department’s final rule — Security Under clause 2 of rule XIV, executive pursuant to the reporting requirements of Zone; Potomac River, Charles County, MD communications were taken from the Section 36(c) of the Arms Export Control [Docket No.: USCG-2008-1089] (RIN: 1625- Speaker’s table and referred as follows: Act; to the Committee on Foreign Affairs. AA87) received August 19, 2010, pursuant to 5 9494. A communication from the President 9504. A letter from the Assistant Secretary, U.S.C. 801(a)(1)(A); to the Committee on of the United States, transmitting A Request Legislative Affairs, Department of State, Transportation and Infrastructure. For Budget Amendments For Fiscal Year transmitting Transmittal No. DDTC 10-095, 9512. A letter from the Attorney Advisor, 2011 proposals in the Fiscal Year 2011 Budget pursuant to the reporting requirements of Department of Homeland Security, transmit- for the Department of the Interior (H. Doc. Section 36(c) of the Arms Export Control ting the Department’s final rule — Safety No. 111–144); to the Committee on Appropria- Act; to the Committee on Foreign Affairs. Zone; Allegheny, Monogahela, and Ohio Riv- tions and ordered to be printed. 9505. A letter from the Assistant Secretary, ers, Pittsburgh, PA [Docket No.: USCG-2008- 9495. A letter from the Under Secretary, Legislative Affairs, Department of State, 0992] (RIN: 1625-AA00) received August 19, Department of Defense, transmitting report transmitting Transmittal No. DDTC 10-096, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the on proposed obligations of funds provided for pursuant to the reporting requirements of Committee on Transportation and Infra- the Cooperative Threat Reduction Program; Section 36(c) of the Arms Export Control structure. to the Committee on Foreign Affairs. Act; to the Committee on Foreign Affairs. 9513. A letter from the Attorney Advisor, 9506. A letter from the Assistant Secretary, 9496. A letter from the Assistant Secretary, Department of Homeland Security, transmit- Legislative Affairs, Department of State, Legislative Affairs, Department of State, ting the Department’s final rule — Security transmitting Transmittal No. DDTC 10-083, transmitting Transmittal No. DDTC 10-056, Zone; Captain of the Port Sector Lake pursuant to the reporting requirements of pursuant to the reporting requirements of Michigan, Chicago River Main Branch and Section 36(d) of the Arms Export Control Section 36(c) of the Arms Export Control Monroe Harbor, Chicago, IL [Docket No.: Act; to the Committee on Foreign Affairs. Act; to the Committee on Foreign Affairs. 9507. A letter from the Attorney Advisor, USCG-2008-1098] (RIN:1625-AA00) received Au- 9497. A letter from the Assistant Secretary, gust 19, 2010, pursuant to 5 U.S.C. Legislative Affairs, Department of State, Department of Homeland Security, transmit- ting the Department’s final rule — Safety 801(a)(1)(A); to the Committee on Transpor- transmitting Transmittal No. DDTC 10-077, tation and Infrastructure. pursuant to the reporting requirements of Zone; Captain of the Port San Juan Tropical Cyclone Safety Zone [Docket No.: USCG- 9514. A letter from the Attorney Advisor, Section 36(c) and 36(d) of the Arms Export Department of Homeland Security, transmit- Control Act; to the Committee on Foreign 2008-1056] (RIN: 1625-AA00) received August 19, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to ting the Department’s final rule — Safety Affairs. Zone; Golden Gate Ferry Vessel Mutual As- 9498. A letter from the Assistant Secretary, the Committee on Transportation and Infra- sistance Plan Exercise, San Francisco Bay, Legislative Affairs, Department of State, structure. CA [Docket No.: USCG-2008-1068] (RIN: 1625- transmitting Transmittal No. DDTC 10-098, 9508. A letter from the Attorney Advisor, AA00) received August 19, 2010, pursuant to 5 pursuant to the reporting requirements of Department of Homeland Security, transmit- U.S.C. 801(a)(1)(A); to the Committee on Section 36(c) of the Arms Export Control ting the Department’s final rule — Safety Transportation and Infrastructure. Act; to the Committee on Foreign Affairs. Zone; Vestin Fireworks Display; San Diego 9499. A letter from the Assistant Secretary, Bay, San Diego, CA [Docket No.: USCG-2008- 9515. A letter from the Attorney Advisor, Legislative Affairs, Department of State, 1075] (RIN: 1625-AA00) received August 19, Department of Homeland Security, transmit- transmitting Transmittal No. DDTC 10-097, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the ting the Department’s final rule — Safety pursuant to the reporting requirements of Committee on Transportation and Infra- Zone; Gulf Intracoastal Water Way Mile 539, Section 36(c) of the Arms Export Control structure. Ingleside, Texas [Docket No.: USCG-2008- Act; to the Committee on Foreign Affairs. 9509. A letter from the Attorney Advisor, 0999] (RIN: 1625-AA00) received August 19, 9500. A letter from the Assistant Secretary, Department of Homeland Security, transmit- 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Legislative Affairs, Department of State, ting the Department’s final rule — Safety Committee on Transportation and Infra- transmitting Transmittal No. DDTC 10-090, Zones: Mock Cannon Battle between the S/V structure. pursuant to the reporting requirements of Lady Washington and Hawaiian Chieftain, 9516. A letter from the Attorney Advisor, Section 36(c) of the Arms Export Control San Francisco, CA [Docket No.: USCG-2008- Department of Homeland Security, transmit- Act; to the Committee on Foreign Affairs. 1076] (RIN: 1625-AA00) received August 19, ting the Department’s final rule — Safety 9501. A letter from the Assistant Secretary, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Zone; AVI Resort and Casino Fireworks Legislative Affairs, Department of State, Committee on Transportation and Infra- Show, Colorado River, Laughlin, NV [Docket transmitting Transmittal No. DDTC 10-087, structure. No.: USCG-2008-0804] (RIN: 1625-AA00) re- pursuant to the reporting requirements of 9510. A letter from the Attorney Advisor, ceived August 19, 2010, pursuant to 5 U.S.C. Section 36(c) of the Arms Export Control Department of Homeland Security, transmit- 801(a)(1)(A); to the Committee on Transpor- Act; to the Committee on Foreign Affairs. ting the Department’s final rule — Safety tation and Infrastructure. 9502. A letter from the Assistant Secretary, Zone; Transformers Film Production; San 9517. A letter from the Attorney Advisor, Legislative Affairs, Department of State, Diego Bay, San Diego, CA [Docket No.: Department of Homeland Security, transmit- transmitting Transmittal No. DDTC 10-094, USCG-2008-1086] (RIN: 1625-AA00) received ting the Department’s final rule — Safety pursuant to the reporting requirements of August 19, 2010, pursuant to 5 U.S.C. Zone; St. Croix Coral Reef Swim, Buck Is- Section 36(c) of the Arms Export Control 801(a)(1)(A); to the Committee on Transpor- land Channel, ASVI [Docket No.: USCG-2008- Act; to the Committee on Foreign Affairs. tation and Infrastructure. 0809] (RIN: 1625-AA00) received August 19,

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6877 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the received August 19, 2010, pursuant to 5 U.S.C. Zone; Sunken Barge, New Haven Harbor, Committee on Transportation and Infra- 801(a)(1)(A); to the Committee on Transpor- New Haven, CT [Docket No.: USCG-2008-1266] structure. tation and Infrastructure. (RIN: 1625-AA00) received August 19, 2010, 9518. A letter from the Attorney Advisor, 9528. A letter from the Attorney Advisor, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Department of Homeland Security, transmit- Department of Homeland Security, transmit- mittee on Transportation and Infrastruc- ting the Department’s final rule — Safety ting the Department’s final rule — Safety ture. Zone; Underwater Object, Massachusetts Zone; Delivery of Dry Dock to Detyens Ship- 9538. A letter from the Attorney Advisor, Bay, MA [Docket No.: USCG-2008-1272] (RIN: yard, Charleston, South Carolina [Docket Department of Homeland Security, transmit- 1625-AA00) received August 19, 2010, pursuant No.: USCG-2008-1145] (RIN: 1625-AA00) re- ting the Department’s final rule — Safety to 5 U.S.C. 801(a)(1)(A); to the Committee on ceived August 19, 2010, pursuant to 5 U.S.C. Zone; Sunken Barge, New Haven Harbor, Transportation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- New Haven, CT [Docket No.: USCG-2008-1250] 9519. A letter from the Attorney Advisor, tation and Infrastructure. (RIN: 1625-AA00) received August 19, 2010, Department of Homeland Security, transmit- 9529. A letter from the Attorney Advisor, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ting the Department’s final rule — Safety Department of Homeland Security, transmit- mittee on Transportation and Infrastruc- zone; AVI May Fireworks Display; Laughlin, ting the Department’s final rule — Safety ture. Nevada [Docket No.: USCG-2008-1260] (RIN: Zone; Sodium Cyanide, South of Greens 9539. A letter from the Attorney Advisor, 1625-AA00) received August 19, 2010, pursuant Bayou in Harris County, Texas [Docket No.: Department of Homeland Security, transmit- to 5 U.S.C. 801(a)(1)(A); to the Committee on USCG-2008-0983] (RIN: 1625-AA00) received ting the Department’s final rule — Safety Transportation and Infrastructure. August 19, 2010, pursuant to 5 U.S.C. Zone: Weather-Forced Restriction of the 9520. A letter from the Attorney Advisor, 801(a)(1)(A); to the Committee on Transpor- Depoe Bay Bar on the Oregon Coast [Docket Department of Homeland Security, transmit- tation and Infrastructure. No.: USCG-2008-1202] (RIN: 1625-AA00) re- ting the Department’s final rule — Safety 9530. A letter from the Attorney Advisor, ceived August 19, 2010, pursuant to 5 U.S.C. Zone; Allegheny, Monongahela, and Ohio Department of Homeland Security, transmit- 801(a)(1)(A); to the Committee on Transpor- Rivers, Pittsburgh, PA [Docket No.: USCG- ting the Department’s final rule — Safety tation and Infrastructure. 2008-0932] (RIN: 1625-AA00) received August Zone; Vessel Restriction, Glacier NW Gravel 9540. A letter from the Attorney Advisor, 19, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to Pit Dock, Maury Island, WA [Docket No.: Department of Homeland Security, transmit- the Committee on Transportation and Infra- USCG-2008-1127] (RIN: 1625-AA00) received ting the Department’s final rule — Safety structure. August 19, 2010, pursuant to 5 U.S.C. Zone; Naval Underwater Detonation; San 9521. A letter from the Attorney Advisor, 801(a)(1)(A); to the Committee on Transpor- Clemente Island, California [Docket No.: Department of Homeland Security, transmit- tation and Infrastructure. USCG-2008-1138] (RIN: 1625-AA00) received ting the Department’s final rule — Safety 9531. A letter from the Attorney Advisor, August 19, 2010, pursuant to 5 U.S.C. Zone; Monte Foundation Fireworks Extrava- Department of Homeland Security, transmit- 801(a)(1)(A); to the Committee on Transpor- ganza Fireworks Display, Aptos, CA [Docket ting the Department’s final rule — Safety tation and Infrastructure. No.: USCG-2008-0935] (RIN: 1625-AA00) re- Zone; Sea World Fireworks Display, Mission 9541. A letter from the Attorney Advisor, ceived August 19, 2010, pursuant to 5 U.S.C. Bay, San Diego, CA [Docket No.: USCG-2008- Department of Homeland Security, transmit- 801(a)(1)(A); to the Committee on Transpor- 0985] (RIN: 1625-AA00) received August 19, ting the Department’s final rule — Safety tation and Infrastructure. 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Zone; Stack Demolition, Hudson River, 9522. A letter from the Attorney Advisor, Committee on Transportation and Infra- Tomkins Cove, NY [Docket No.: USCG-2008- Department of Homeland Security, transmit- structure. 1153] (RIN: 1625-AA00) received August 19, ting the Department’s final rule — Safety 9532. A letter from the Attorney Advisor, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Zone; Baltimore Captain of the Port Zone Department of Homeland Security, transmit- Committee on Transportation and Infra- [Docket No.: USCG-2008-0936] (RIN: 1625- ting the Department’s final rule — Draw- structure. AA00) received August 19, 2010, pursuant to 5 bridge Operation Regulations; Long Island, 9542. A letter from the Attorney Advisor, U.S.C. 801(a)(1)(A); to the Committee on New York Inland Waterway from East Rock- Department of Homeland Security, transmit- Transportation and Infrastructure. away Inlet to Shinnecock Canal, Yaphank, ting the Department’s final rule — Security 9523. A letter from the Attorney Advisor, NY, Maintenance [USCG-2008-1142] received Zone; HMCS Charlottetown [Docket No.: Department of Homeland Security, transmit- August 19, 2010, pursuant to 5 U.S.C. USCG-2008-0941] (RIN: 1625-AA87) received ting the Department’s final rule — Safety 801(a)(1)(A); to the Committee on Transpor- August 19, 2010, pursuant to 5 U.S.C. Zone: The intercoastal waterways between tation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- the Great Bridge Lock on the Southern 9533. A letter from the Attorney Advisor, tation and Infrastructure. Branch of the Elizabeth River and the Department of Homeland Security, transmit- 9543. A letter from the Attorney Advisor, Virgina-North Carolina state border [Docket ting the Department’s final rule — Safety Department of Homeland Security, transmit- No.: USCG-2008-0938] (RIN: 1625-AA00) re- Zone; USS Midway Fireworks Display; San ting the Department’s final rule — Safety ceived August 19, 2010, pursuant to 5 U.S.C. Diego Bay, San Diego, California [Docket Zone: Weather-Forced Restrictions on the 801(a)(1)(A); to the Committee on Transpor- No.: USCG-2008-1115] (RIN: 1625-AA00) re- Chetco River Bar and Entrance, Oregon tation and Infrastructure. ceived August 19, 2010, pursuant to 5 U.S.C. [Docket No.: USCG-2008-1204] (RIN: 1625- 9524. A letter from the Attorney Advisor, 801(a)(1)(A); to the Committee on Transpor- AA00) received August 19, 2010, pursuant to 5 Department of Homeland Security, transmit- tation and Infrastructure. U.S.C. 801(a)(1)(A); to the Committee on ting the Department’s final rule — Safety 9534. A letter from the Attorney Advisor, Transportation and Infrastructure. Zone; Captain of the Port Zone, North Caro- Department of Homeland Security, transmit- 9544. A letter from the Attorney Advisor, lina [Docket No.: USCG-2008-0939] (RIN: 1625- ting the Department’s final rule — Safety Department of Homeland Security, transmit- AA00) received August 19, 2010, pursuant to 5 Zone; Fireworks Display, Potomac River, ting the Department’s final rule — Security U.S.C. 801(a)(1)(A); to the Committee on National Harbor, MD [Docket No.: USCG- Zone: Republican Governors Association Transportation and Infrastructure. 2008-1123] (RIN: 1625-AA00) received August Conference, Inter-Continental Hotel, Miami, 9525. A letter from the Attorney Advisor, 19, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to Flordia [Docket No.: USCG-2008-1069] (RIN: Department of Homeland Security, transmit- the Committee on Transportation and Infra- 1625-AA87) received August 19, 2010, pursuant ting the Department’s final rule — Safety structure. to 5 U.S.C. 801(a)(1)(A); to the Committee on Zone; Gulf of Alaska, Narrow Cape, Kodiak 9535. A letter from the Attorney Advisor, Transportation and Infrastructure. Island, AK [Docket No.: USCG-2008-1159] Department of Homeland Security, transmit- 9545. A letter from the Attorney Advisor, (RIN: 1625-AA00) received August 19, 2010, ting the Department’s final rule — Safety Department of Homeland Security, transmit- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Zone; BIG NIGHT Fireworks Display; San ting the Department’s final rule — Safety mittee on Transportation and Infrastruc- Diego Bay, San Diego, California [Docket Zone; Ironman 70.3 California; Oceanside ture. No.: USCG-2008-1103] (RIN: 1625-AA00) re- Harbor, Oceanside, CA [Docket No.: USCG- 9526. A letter from the Attorney Advisor, ceived August 19, 2010, pursuant to 5 U.S.C. 2008-1219] (RIN: 1625-AA00) received August Department of Homeland Security, transmit- 801(a)(1)(A); to the Committee on Transpor- 19, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to ting the Department’s final rule — Safety tation and Infrastructure. the Committee on Transportation and Infra- Zone; Spirit of the Lake Regatta, Lake Supe- 9536. A letter from the Attorney Advisor, structure. rior, Superior, WI [Docket No.: USCG-2008- Department of Homeland Security, transmit- 9546. A letter from the Attorney Advisor, 0970] (RIN: 1625-AA00) received August 19, ting the Department’s final rule — Safety Department of Homeland Security, transmit- 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Zone: Intrepid Sea, Air and Space Museum ting the Department’s final rule — Special Committee on Transportation and Infra- Visit, Hudson River, New York, NY [Docket Local Regulations for Marine Events; San structure. No.: USCG-2008-1100] (RIN: 1625-AA87) re- Francisco Bay Navy Fleet Week Parade of 9527. A letter from the Attorney Advisor, ceived August 19, 2010, pursuant to 5 U.S.C. Ships and Blue Angels Demonstrations, San Department of Homeland Security, transmit- 801(a)(1)(A); to the Committee on Transpor- Francisco Bay, CA [Docket No.: USCG-2008- ting the Department’s final rule — Safety tation and Infrastructure. 0967] (RIN: 1625-AA08) received August 19, Zone; Detonation of Underwater Ordnance; 9537. A letter from the Attorney Advisor, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Northwest Harbor, San Clemente, California Department of Homeland Security, transmit- Committee on Transportation and Infra- [Docket No.: USCG-2008-0979](RIN: 1625-AA00) ting the Department’s final rule — Safety structure.

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6878 CONGRESSIONAL RECORD — HOUSE September 22, 2010 9547. A letter from the Attorney Advisor, Royal, Virginia, and for other purposes make capital investments in eligible institu- Department of Homeland Security, transmit- (Rept. 111–612, Pt. 1). Ordered to be printed. tions in order to increase the availability of ting the Department’s final rule — Safety Mr. OBERSTAR: Committee on Transpor- credit for small businesses, to amend the In- Zone; Blue Water Resort and Casino Spring tation and Infrastructure. H.R. 5717. A bill to ternal Revenue Code of 1986 to provide tax Classic; Colorado River, Parker, AZ [Docket authorize the Board of Regents of the Smith- incentives for small business job creation, No.: USCG-2008-1221] (RIN: 1625-AA00) re- sonian Institution to plan, design, and con- and for other purposes (Rept. 111–621). Re- ceived August 19, 2010, pursuant to 5 U.S.C. struct a facility and to enter into agree- ferred to the House Calendar. 801(a)(1)(A); to the Committee on Transpor- ments relating to education programs at the Mr. BERMAN: Committee on Foreign Af- tation and Infrastructure. National Zoological Park facility in Front fairs. House Resolution 252. Resolution call- 9548. A letter from the Attorney Advisor, Royal, Virginia, and for other purposes; with ing upon the President to ensure that the Department of Homeland Security, transmit- an amendment (Rept. 111–612, Pt. 2). Referred foreign policy of the United States reflects ting the Department’s final rule — Safety to the Committee of the Whole House on the appropriate understanding and sensitivity Zone; Allegheny, Monongahela, and Ohio State of the Union. concerning issues related to human rights, Rivers, Pittsburgh, PA [Docket No.: USCG- [Filed on September 22, 2010] ethnic cleansing, and genocide documented 2008-1222] (RIN: 1625-AA00) received August in the United States record relating to the Mr. OBERSTAR: Committee on Transpor- 19, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to Armenian Genocide, and for other purposes tation and Infrastructure. H.R. 4714. A bill to the Committee on Transportation and Infra- (Rept. 111–622). Referred to the House Cal- amend title 49, United States Code, to au- structure. endar. thorize appropriations for the National 9549. A letter from the Attorney Advisor, Transportation Safety Board for fiscal years DISCHARGE OF COMMITTEE Department of Homeland Security, transmit- 2011 through 2014, and for other purposes; The Committee on the Judiciary dis- ting the Department’s final rule — Regu- with an amendment (Rept. 111–613). Referred charged from further consideration. H.R. 2923 lated Navigation Area, Biscayne Bay, FL to the Committee of the Whole House on the referred to the Committee of the Whole [Docket No.: USCG-2008-0933] (RIN: 1625- State of the Union. House on the State of the Union. AA11) received August 19, 2010, pursuant to 5 Mr. OBERSTAR: Committee on Transpor- The Committee on House Administration U.S.C. 801(a)(1)(A); to the Committee on tation and Infrastructure. H.R. 1997. A bill to discharged from further consideration. H.R. Transportation and Infrastructure. direct the Secretary of Transportation to up- 4790 referred to the Committee of the Whole 9550. A letter from the Attorney Advisor, date a research report and issue guidance to House on the State of the Union. Department of Homeland Security, transmit- the States with respect to reducing lighting The Committee on the Judiciary dis- ting the Department’s final rule — Safety on the Federal-aid system during periods of charged from further consideration. H.R. 5809 Zone; San Juan Harbor, Puerto Rico [Docket low traffic density, and for other purposes referred to the Committee of the Whole No.: USCG-2008-1233] (RIN: 1625-AA87) re- (Rept. 111–614, Pt. 1). Ordered to be printed. House on the State of the Union. ceived August 19, 2010, pursuant to 5 U.S.C. Mr. WAXMAN: Committee on Energy and f 801(a)(1)(A); to the Committee on Transpor- Commerce. H.R. 2923. A bill to enhance the tation and Infrastructure. ability to combat methamphetamine (Rept. TIME LIMITATION OF REFERRED 9551. A letter from the Attorney Advisor, 111–615, Pt. 1). Referred to the Committee of BILL Department of Homeland Security, transmit- the Whole House on the State of the Union. Pursuant to clause 2 of rule XII the ting the Department’s final rule — Draw- Mr. WAXMAN: Committee on Energy and bridge Operation Regulation; Atlantic Intra- Commerce. H.R. 5710. A bill to amend and re- following action was taken by the coastal Waterway, Cape Canaveral, FL authorize the controlled substance moni- Speaker: [Docket No.: USCG-2008-1020] received Au- toring program under section 3990 of the H.R. 1997. Referral to the Committee on gust 19, 2010, pursuant to 5 U.S.C. Public Health Service Act; with an amend- Science and Technology extended for a pe- 801(a)(1)(A); to the Committee on Transpor- ment (Rept. 111–616). Referred to the Com- riod ending not later than November 15, 2010. tation and Infrastructure. mittee of the Whole House on the State of f 9552. A letter from the Attorney Advisor, the Union. Department of Homeland Security, transmit- Mr. WAXMAN: Committee on Energy and PUBLIC BILLS AND RESOLUTIONS ting the Department’s final rule — Safety Commerce. H.R. 5756. A bill to amend title I Zone; San Juan Harbor, San Juan, PR [Dock- Under clause 2 of rule XII, public of the Developmental Disabilities Assistance bills and resolutions of the following et No.: USCG-2008-1234] (RIN: 1625-AA00) re- and Bill of Rights Act of 2000 to provide for ceived August 19, 2010, pursuant to 5 U.S.C. grants and technical assistance to improve titles were introduced and severally re- 801(a)(1)(A); to the Committee on Transpor- services rendered to children and adults with ferred, as follows: tation and Infrastructure. autism, and their families, and to expand the By Mr. ELLSWORTH: 9553. A letter from the Attorney Advisor, number of University Centers for Excellence H.R. 6159. A bill to amend the Internal Rev- Department of Homeland Security, transmit- in Developmental Disabilities Education, Re- enue Code of 1986 to allow a credit for infant ting the Department’s final rule — Security search, and Service; with amendments (Rept. formula rebates paid under the special sup- Zone; On the Waters in Kailua Bay, Oahu, HI 111–617). Referred to the Committee of the plemental nutrition program for women, in- [Docket No.: USCG-2008-1235 formerly COTP Whole House on the State of the Union. fants, and children; to the Committee on 08-009] (RIN: 1625-AA87) received Mr. WAXMAN: Committee on Energy and Ways and Means. August 19, 2010, pursuant to 5 U.S.C. Commerce. H.R. 5809. A bill to amend the By Mrs. DAHLKEMPER (for herself, 801(a)(1)(A); to the Committee on Transpor- Controlled Substances Act to provide for Mr. LEWIS of California, Mr. COFFMAN tation and Infrastructure. take-back disposal of controlled substances of Colorado, Mr. GORDON of Ten- 9554. A letter from the Attorney Advisor, in certain instances, and for other purposes; nessee, and Mr. CARNAHAN): Department of Homeland Security, transmit- with an amendment (Rept. 111–618, Pt. 1). Re- H.R. 6160. A bill to develop a rare earth ma- ting the Department’s final rule — Safety ferred to the Committee of the Whole House terials program, to amend the National Ma- Zone: Weather-Forced Restrictions on the on the State of the Union. terials and Minerals Policy, Research and Tillamook Bay Entrance on the Oregon Mr. FRANK: Committee on Financial Serv- Development Act of 1980, and for other pur- Coast [Docket No.: USCG-2008-1245] (RIN: ices. H.R. 2336. A bill to encourage energy ef- poses; to the Committee on Science and 1625-AA00) received August 19, 2010, pursuant ficiency and conservation and development Technology. to 5 U.S.C. 801(a)(1)(A); to the Committee on of renewable energy sources for housing, By Mr. CONYERS (for himself and Mr. Transportation and Infrastructure. commercial structures, and other buildings, SMITH of Texas): f and to create sustainable communities; with H.R. 6161. A bill to enact title 54, United REPORTS OF COMMITTEES ON an amendment (Rept. 111–619). Referred to States Code, ‘‘National Park System’’, as the Committee of the Whole House on the positive law; to the Committee on the Judi- PUBLIC BILLS AND RESOLUTIONS State of the Union. ciary. Under clause 2 of rule XIII, reports of Mr. FRANK: Committee on Financial Serv- By Mr. WATT: committees were delivered to the Clerk ices. H.R. 4790. A bill to amend the Securities H.R. 6162. A bill to provide research and de- for printing and reference to the proper Exchange Act of 1934 to require shareholder velopment authority for alternative coinage calendar, as follows: authorization before a public company may materials to the Secretary of the Treasury, make certain political expenditures, and for increase congressional oversight over coin [Omitted from the Record of September 20, 2010 other purposes; with an amendment (Rept. production, and ensure the continuity of cer- with a redesignation] 111–620, Pt. 1). Referred to the Committee of tain numismatic items; to the Committee on Mr. BRADY of Pennsylvania: Committee the Whole House on the State of the Union. Financial Services. on House Administration. H.R. 5717. A bill to Ms. PINGREE of Maine: Committee on By Mr. BOOZMAN: authorize the Board of Regents of the Smith- Rules. House Resolution 1640. Resolution H.R. 6163. A bill to require the Secretary of sonian Institution to plan, design, and con- providing for consideration of the Senate Health and Human Services to approve waiv- struct a facility and to enter into agree- amendment to the bill (H.R. 5297) to create ers under the Medicaid Program under title ments relating to education programs at the the Small Business Lending Fund Program XIX of the Social Security Act that are re- National Zoological Park facility in Front to direct the Secretary of the Treasury to lated to State provider taxes that exempt

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6879 certain retirement communities; to the through increased funding for research and By Mr. LARSEN of Washington (for Committee on Energy and Commerce. commercial development of regenerative himself and Mr. DEFAZIO): By Mr. BACA: medicine products and development of a reg- H.R. 6184. A bill to amend the Water Re- H.R. 6164. A bill to amend the Internal Rev- ulatory environment that enables rapid ap- sources Development Act of 2000 to extend enue Code of 1986 to allow a credit against proval of safe and effective products, and for and modify the program allowing the Sec- tax for certain fruit and vegetable farmers; other purposes; to the Committee on Energy retary of the Army to accept and expend to the Committee on Ways and Means. and Commerce. funds contributed by non-Federal public en- By Ms. SCHWARTZ (for herself, Mr. By Ms. CHU (for herself and Ms. LEE of tities to expedite the evaluation of permits, PASCRELL, Mr. BRADY of Texas, and California): and for other purposes; to the Committee on Mr. NUNES): H.R. 6174. A bill to direct the Secretary of Transportation and Infrastructure. H.R. 6165. A bill to amend the Internal Rev- Education to award grants to eligible enti- By Mr. MCCAUL: enue Code of 1986 to provide incentives for ties to establish or expand linked learning H.R. 6185. A bill to designate the facility of life sciences research; to the Committee on pathways and a system of pathways, and for the United States Postal Service located at Ways and Means. other purposes; to the Committee on Edu- 122 North Holderrieth Boulevard in Tomball, By Mr. REHBERG: cation and Labor. Texas, as the ‘‘Tomball Veterans Post Of- H.R. 6166. A bill to authorize the produc- By Mr. CONNOLLY of Virginia: fice’’; to the Committee on Oversight and tion of palladium bullion coins to provide af- H.R. 6175. A bill to amend title 5, United Government Reform. fordable opportunities for investments in States Code, to provide that payments under By Mr. POSEY: precious metals, and for other purposes; to the Federal employees’ group life insurance H.R. 6186. A bill to amend the Congres- the Committee on Financial Services. program shall be made in a lump sum, unless sional Budget Act of 1974 to establish discre- By Mr. OBERSTAR (for himself and the insured or the beneficiary elects other- tionary and mandatory deficit reduction ac- Mr. CUMMINGS): wise; to the Committee on Oversight and counts; to the Committee on Rules, and in H.R. 6167. A bill to amend title 46, United Government Reform. addition to the Committee on the Budget, States Code, to require the Federal Maritime for a period to be subsequently determined Commission to maintain an Office of Dispute By Mr. DEUTCH: H.R. 6176. A bill to amend section 340B of by the Speaker, in each case for consider- Resolution and Customer Advocate, and for the Public Health Service Act to allow cer- ation of such provisions as fall within the ju- other purposes; to the Committee on Trans- risdiction of the committee concerned. portation and Infrastructure. tain covered entities to resell or transfer a covered outpatient drug to an individual By Mr. TAYLOR (for himself, Mr. By Mr. CAMP (for himself and Mr. CAN- with HIV/AIDS in connection with medica- SKELTON, Mr. JONES, and Mr. BART- TOR): LETT): H.R. 6168. A bill to amend the Internal Rev- tion regimen adherence services being pro- H.R. 6187. A bill to direct the Secretary of enue Code of 1986 to allow a deduction for vided to the individual by a licensed health the Army to seek to enter into certain con- certain small business income; to the Com- care professional of the entity; to the Com- tracts regarding roller systems; to the Com- mittee on Ways and Means. mittee on Energy and Commerce. mittee on Armed Services. By Mr. BURGESS (for himself, Mr. By Mr. DJOU: By Mr. WALZ (for himself and Mr. MARKEY of Massachusetts, and Mr. H.R. 6177. A bill to amend title 10, United States Code, to ensure the timeliness of in- BOOZMAN): SMITH of New Jersey): H.R. 6188. A bill to amend title 38, United H.R. 6169. A bill to authorize the issuance formation used in considering a member of States Code, to make certain improvements of United States bonds to fund Alzheimer’s the Armed Forces for an administrative sep- in the laws relating to default procedures for research; to the Committee on Ways and aration, and for other purposes; to the Com- Means, and in addition to the Committee on mittee on Armed Services. loans guaranteed by the Department of Vet- Energy and Commerce, for a period to be By Mr. DJOU: erans Affairs; to the Committee on Veterans’ subsequently determined by the Speaker, in H.R. 6178. A bill to require applicants for Affairs. each case for consideration of such provi- assistance under section 811 of the Cranston- By Mr. WHITFIELD (for himself and sions as fall within the jurisdiction of the Gonzalez National Affordable Housing Act Mr. POLIS): H.R. 6189. A bill to amend the Energy Em- committee concerned. for supportive housing for persons with dis- ployees Occupational Illness Compensation By Mr. PRICE of Georgia (for himself, abilities to hold public meetings regarding Program Act of 2000 to establish the Advi- Mr. GINGREY of Georgia, Mr. FLEM- such applications; to the Committee on Fi- sory Board on Toxic Substances and Worker ING, Mr. PAUL, Mr. CONAWAY, Mr. nancial Services. Health for the contractor employee com- KING of Iowa, Mr. FRANKS of Arizona, By Mr. DJOU: pensation program under subtitle E of such Mr. GOHMERT, Mr. COFFMAN of Colo- H.R. 6179. A bill to exempt employment in Act; to the Committee on the Judiciary, and rado, Mr. ROONEY, Mr. POSEY, and the mobile amusement industry from the nu- in addition to the Committee on Education Mr. ROE of Tennessee): merical limitation applicable to non- H.R. 6170. A bill to prohibit the Secretary immigrants provided status under section and Labor, for a period to be subsequently of Health and Human Services from pre- 101(a)(15)(H)(ii)(b) of the Immigration and determined by the Speaker, in each case for cluding patients from entering into any con- Nationality Act; to the Committee on the consideration of such provisions as fall with- tract with their health care providers; to the Judiciary. in the jurisdiction of the committee con- Committee on Energy and Commerce. By Mr. HALL of New York: cerned. By Mr. PRICE of Georgia (for himself, H.R. 6180. A bill to amend the conservation By Mr. PRICE of Georgia (for himself, Mr. GINGREY of Georgia, Mr. FLEM- provisions of the Food Security Act of 1985 Mr. JORDAN of Ohio, Mr. AKIN, Mr. ING, Mr. SHADEGG, Mr. DANIEL E. to promote the conservation and improve- ALEXANDER, Mr. BARTON of Texas, LUNGREN of California, Mr. KING of ment of the soil, water, and wildlife re- Mrs. BLACKBURN, Mr. BRADY of Texas, Iowa, Mr. THOMPSON of Pennsylvania, sources of lands containing muck soils, and Mr. BROUN of Georgia, Mr. BURTON of Mr. CONAWAY, Mr. GOHMERT, Mr. for other purposes; to the Committee on Ag- Indiana, Mr. COFFMAN of Colorado, FRANKS of Arizona, Mr. POSEY, Mr. riculture. Mr. CONAWAY, Mr. FLEMING, Mr. ROONEY, Mr. BILBRAY, Mr. COFFMAN By Mr. HASTINGS of Florida (for him- FRANKS of Arizona, Mr. GARRETT of of Colorado, Mr. MCCLINTOCK, and self, Mr. DEUTCH, and Mr. KLEIN of New Jersey, Mr. GOHMERT, Mr. Mr. ROE of Tennessee): Florida): HENSARLING, Mr. HERGER, Mr. ISSA, H.R. 6171. A bill to prohibit conditioning li- H.R. 6181. A bill to amend the Internal Rev- Mr. SAM JOHNSON of Texas, Mr. KING censure of a health care provider upon par- enue Code of 1986 to encourage investments of Iowa, Mr. MACK, Mr. MCCLINTOCK, ticipation in a health plan; to the Committee in infrastructure, and for other purposes; to Mr. SHADEGG, and Mr. UPTON): on Energy and Commerce. the Committee on Ways and Means. H.J. Res. 96. A joint resolution making By Mr. BISHOP of New York (for him- By Mr. KRATOVIL: full-year continuing appropriations for fiscal self, Mr. GEORGE MILLER of Cali- H.R. 6182. A bill to amend the Federal year 2011 at lower, previous year levels, and fornia, Mr. HOLT, Mr. COURTNEY, Mr. Water Pollution Control Act to authorize the for other purposes; to the Committee on Ap- LOEBSACK, Mr. HARE, Ms. WOOLSEY, Administrator of the Environmental Protec- propriations. Mr. POLIS, Mr. ANDREWS, Mrs. tion Agency to make additional capitaliza- By Mr. CARTER (for himself, Ms. MCCARTHY of New York, Mr. tion grants to the water pollution control re- SCHWARTZ, Mr. CRENSHAW, Mr. CAR- GRIJALVA, and Ms. FUDGE): volving funds of States that adopt smart SON of Indiana, Mr. HILL, Mr. H.R. 6172. A bill to promote minimum growth principles; to the Committee on WITTMAN, Mr. ROGERS of Kentucky, State requirements for the prevention and Transportation and Infrastructure. Ms. MCCOLLUM, Mr. OWENS, Mr. treatment of concussions caused by partici- By Mr. LANGEVIN (for himself, Mr. YOUNG of Florida, Mr. LUETKEMEYER, pation in school sports, and for other pur- KENNEDY, Mr. KUCINICH, Mrs. LOWEY, Mr. ETHERIDGE, Mr. ELLSWORTH, Mr. poses; to the Committee on Education and and Mr. MCGOVERN): RUPPERSBERGER, Mr. DJOU, Mr. GON- Labor. H.R. 6183. A bill to amend title 5, United ZALEZ, Mr. CUELLAR, Mr. BROWN of By Mr. CASTLE (for himself and Ms. States Code, to provide for a corporate re- South Carolina, Mr. KINGSTON, Mrs. DEGETTE): sponsibility investment option under the SCHMIDT, Mr. HENSARLING, Mr. ED- H.R. 6173. A bill to provide for a Federal Thrift Savings Plan; to the Committee on WARDS of Texas, Mr. CARNEY, Mr. initiative to support regenerative medicine Oversight and Government Reform. RODRIGUEZ, Mr. BOREN, Mr. BURTON

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of Indiana, Mr. ISSA, Mr. NUNES, Ms. Mr. WATT, Mr. KUCINICH, Mr. THOMP- H. Res. 1650. A resolution calling on the TITUS, Mr. LAMBORN, Mr. SON of Mississippi, Ms. KILROY, Mr. Government of the People’s Republic of BUTTERFIELD, Mr. GENE GREEN of FATTAH, Mr. DELAHUNT, and Ms. China to immediately release Chen Texas, Mr. THOMPSON of Pennsyl- WASSERMAN SCHULTZ): Guangcheng and his relatives from house ar- vania, Mr. SABLAN, Mr. JOHNSON of H. Res. 1642. A resolution recognizing the rest and to cease persecuting and harassing Georgia, Mr. SHULER, Mr. LEWIS of centennial of the City of Lilburn, Georgia Chen Guangcheng, his relatives, and sup- California, Mr. DONNELLY of Indiana, and supporting the goals and ideals of a City porters; to the Committee on Foreign Af- Mr. WILSON of South Carolina, Mr. of Lilburn Day; to the Committee on Over- fairs. CULBERSON, Mr. GARAMENDI, Mr. sight and Government Reform. LARSON of Connecticut, Mr. CAO, Mr. By Ms. GRANGER: f PITTS, Ms. GRANGER, Mr. BRADY of H. Res. 1643. A resolution recognizing the ADDITIONAL SPONSORS Texas, Mr. ELLISON, Mr. SMITH of 75th anniversary of RadioShack Corpora- Texas, Mr. DAVIS of Tennessee, Mr. tion’s original listing as a public company on Under clause 7 of rule XII, sponsors GOHMERT, Mr. GUTIERREZ, Mr. THORN- the New York Stock Exchange; to the Com- were added to public bills and resolu- BERRY, Ms. BORDALLO, Mr. OLSON, Mr. mittee on Financial Services. tions as follows: KING of New York, Mr. GINGREY of By Mr. KIND (for himself and Mr. H.R. 25: Mr. HOEKSTRA. Georgia, Mr. HALL of Texas, Mr. WAMP): H.R. 173: Mr. BARROW. NEUGEBAUER, Mr. BRADY of Pennsyl- H. Res. 1644. A resolution expressing sup- H.R. 197: Ms. HERSETH SANDLIN. vania, Mr. ROONEY, Mr. BLUNT, Mr. port for designation of a ‘‘National Veterans H.R. 211: Mr. BUTTERFIELD. MARIO DIAZ-BALART of Florida, Mr. History Project Week’’; to the Committee on H.R. 235: Mr. KISSELL. CRITZ, Mrs. BLACKBURN, Mr. HINCHEY, Veterans’ Affairs. H.R. 275: Mr. ROGERS of Michigan. Mr. BURGESS, Mr. MCCAUL, Mr. By Mr. LOEBSACK (for himself and H.R. 503: Ms. CASTOR of Florida and Mr. MCMAHON, Mr. COFFMAN of Colorado, Mr. EHLERS): COOPER. Mr. CONAWAY, Mr. QUIGLEY, Ms. H. Res. 1645. A resolution expressing sup- H.R. 571: Mr. CHILDERS, Mr. JOHNSON of TSONGAS, Mr. HINOJOSA, Mr. FARR, port for designation of the week beginning on November 8, 2010, as National School Psy- Georgia, and Mr. PATRICK J. MURPHY of Mr. SAM JOHNSON of Texas, Mr. Pennsylvania. LEVIN, Ms. JACKSON LEE of Texas, Mr. chology Week; to the Committee on Edu- H.R. 613: Mr. KLINE of Minnesota. REYES, Mr. ORTIZ, Mr. BACHUS, Mr. cation and Labor. H.R. 816: Mr. TIERNEY and Mr. DEUTCH. KING of Iowa, Ms. BALDWIN, Mr. POE By Mr. DANIEL E. LUNGREN of Cali- H.R. 868: Mr. SPACE. of Texas, Mr. AKIN, and Mr. JONES): fornia (for himself, Mr. BRADY of H.R. 877: Mr. KING of Iowa, Mr. HARPER, H. Con. Res. 319. Concurrent resolution rec- Pennsylvania, Mr. CAPUANO, Mr. Mr. ROE of Tennessee, and Mrs. BLACKBURN. ognizing the anniversary of the tragic shoot- DAVIS of Alabama, Mrs. DAVIS of H.R. 878: Mr. SULLIVAN. ings that occurred at Fort Hood, Texas, on California, Mr. GONZALEZ, Mr. HARP- H.R. 903: Mr. MCCOTTER. November 5, 2009; to the Committee on ER, Ms. ZOE LOFGREN of California, H.R. 1024: Mr. HIMES and Mr. CLYBURN. Armed Services. and Mr. MCCARTHY of California): H.R. 1030: Mr. ALTMIRE. By Mr. HARE (for himself, Mr. OBER- H. Res. 1646. A resolution recognizing the H.R. 1067: Mr. BARTLETT, Mr. FRANK of STAR, Mr. MICA, Ms. EDDIE BERNICE commitment and efforts made by the Li- Massachusetts, Mr. GOHMERT, Mr. CLAY, and JOHNSON of Texas, and Mr. BOOZMAN): brary of Congress to promote the joy of read- H. Res. 1639. A resolution recognizing the ing through the sponsorship of the National Mr. BOCCIERI. contributions of the National Waterways Book Festival; to the Committee on House H.R. 1074: Mr. SMITH of New Jersey. Conference on the occasion of its 50th anni- Administration. H.R. 1082: Mr. CHANDLER, Mr. DOYLE, and versary, and for other purposes; to the Com- By Mr. MELANCON: Mr. TIM MURPHY of Pennsylvania. mittee on Transportation and Infrastruc- H. Res. 1647. A resolution urging the Sec- H.R. 1203: Mr. THOMPSON of California and ture. retary of Veterans Affairs to acquire and uti- Mr. DEUTCH. By Ms. HIRONO (for herself, Mrs. lize the Our Lady of Lourdes Regional Med- H.R. 1210: Ms. EDDIE BERNICE JOHNSON of MCMORRIS RODGERS, Mr. DICKS, Mr. ical Center in Lafayette, Louisiana as a full- Texas. TERRY, Mr. COSTELLO, Mr. POMEROY, service Department of Veterans Affairs hos- H.R. 1228: Mr. ROYCE. Mrs. DAVIS of California, Mr. ED- pital to better serve veterans throughout the H.R. 1326: Mr. YOUNG of Florida and Ms. WARDS of Texas, Mr. SKELTON, Mr. Acadiana region of Louisiana; to the Com- MATSUI. YOUNG of Alaska, Mr. ORTIZ, Mr. mittee on Veterans’ Affairs. H.R. 1362: Mr. COSTELLO, Mr. WILSON of SCOTT of Virginia, Mr. SMITH of New By Mr. OBERSTAR (for himself, Mr. Ohio, Mr. GRAVES of Missouri, Mr. KISSELL, Jersey, Mr. OBERSTAR, Mr. FILNER, CAMP, Mr. MCDERMOTT, Mr. BLUNT, and Ms. SPEIER. Mr. ETHERIDGE, Mr. REYES, Mr. HOLT, Mr. POMEROY, Mr. SMITH of New Jer- H.R. 1616: Mrs. MCCARTHY of New York, Mr. Mr. SIMPSON, Mr. LARSEN of Wash- sey, Mr. COOPER, Mr. SENSEN- DEUTCH, Mr. HARE, Mr. MORAN of Virginia, ington, Mr. KIRK, Mr. GRIJALVA, Mrs. BRENNER, Mr. KILDEE, Mr. YOUNG of Mr. CLYBURN, Mr. SCHIFF, Mr. SCOTT of Vir- BLACKBURN, Mr. BURGESS, Mr. Florida, Mr. STARK, Mr. PENCE, Mr. ginia, Mr. ARCURI, Ms. EDDIE BERNICE JOHN- CARTER, Ms. HERSETH SANDLIN, Mr. COBLE, Ms. RICHARDSON, Mr. TIBERI, SON of Texas, Ms. WATSON, Mr. ACKERMAN, MCCARTHY of California, Mr. POLIS, Mr. GORDON of Tennessee, Mr. BUR- Mr. PATRICK J. MURPHY of Pennsylvania, Mr. Mr. FORTENBERRY, Mrs. KIRKPATRICK TON of Indiana, Mr. MOORE of Kansas, HODES, Ms. PINGREE of Maine, Mr. PETERS, of Arizona, and Mr. LUJA´ N): Mr. MORAN of Kansas, Mr. MCGOV- Mr. FARR, Mr. CLAY, and Mr. MURPHY of New H. Res. 1641. A resolution celebrating Sep- ERN, Mrs. BACHMANN, Mr. York. tember 30, 2010, as the 60th Anniversary of RUPPERSBERGER, Mrs. MCMORRIS H.R. 1625: Mr. BARTLETT. Impact Aid; to the Committee on Education RODGERS, Mr. GRIJALVA, Mr. AKIN, H.R. 1708: Mr. BLUMENAUER. and Labor. Mr. LIPINSKI, Mr. GERLACH, Mr. H.R. 1806: Mr. LOEBSACK, Ms. SPEIER, Ms. By Mr. JOHNSON of Georgia (for him- CRITZ, Mr. BARTLETT, Ms. BORDALLO, CASTOR of Florida, and Mr. SKELTON. self, Ms. LORETTA SANCHEZ of Cali- Mr. DJOU, Ms. BEAN, Mr. CARDOZA, H.R. 1923: Mr. UPTON. fornia, Mr. BROUN of Georgia, Mr. and Mr. ALEXANDER): H.R. 1943: Mr. ACKERMAN and Mr. HIMES. BISHOP of Georgia, Mr. GINGREY of H. Res. 1648. A resolution supporting the H.R. 1948: Mr. LOBIONDO. Georgia, Mr. LINDER, Mr. WESTMORE- goals and ideals of National Adoption Day H.R. 1990: Mrs. DAHLKEMPER. LAND, Mr. PRICE of Georgia, Mr. and National Adoption Month by promoting H.R. 2000: Mr. GOODLATTE. SCOTT of Georgia, Ms. RICHARDSON, national awareness of adoption and the chil- H.R. 2089: Mrs. MCCARTHY of New York. Mr. MICHAUD, Mr. GARAMENDI, Mr. dren in foster care awaiting families, cele- H.R. 2109: Mr. VAN HOLLEN. BARROW, Mr. BLUMENAUER, Mr. brating children and families involved in H.R. 2138: Mr. PAULSEN. BRADY of Pennsylvania, Mr. LEWIS of adoption, recognizing current programs and H.R. 2149: Mr. MURPHY of Connecticut. Georgia, Mr. CONNOLLY of Virginia, efforts designed to promote adoption, and en- H.R. 2156: Mr. COURTNEY. Mr. RUSH, Mr. LYNCH, Mr. KINGSTON, couraging people in the United States to H.R. 2296: Ms. TITUS. Mr. DUNCAN, Mr. MOORE of Kansas, seek improved safety, permanency, and well- H.R. 2324: Mr. JOHNSON of Georgia. Mr. WELCH, Mr. PERLMUTTER, Mr. being for all children; to the Committee on H.R. 2338: Mr. WITTMAN. CARDOZA, Mr. DAVIS of Illinois, Mr. Ways and Means. H.R. 2345: Mr. LOBIONDO. CARTER, Ms. PINGREE of Maine, Ms. By Mr. POSEY: H.R. 2365: Mr. CARSON of Indiana, Mr. NAD- TITUS, Ms. JACKSON LEE of Texas, Mr. H. Res. 1649. A resolution amending the LER of New York, Mr. ENGEL, and Mr. CLAY. DOGGETT, Ms. CLARKE, Mr. CARSON of Rules of the House of Representatives to es- H.R. 2378: Mr. OWENS, Mr. TONKO, Ms. NOR- Indiana, Ms. WATERS, Ms. FUDGE, Ms. tablish the Committee on Regulatory Review TON, and Mr. MARKEY of Massachusetts. EDWARDS of Maryland, Ms. LEE of and American Jobs; to the Committee on H.R. 2406: Mr. SULLIVAN and Mr. KLINE of California, Mr. CUMMINGS, Ms. EDDIE Rules. Minnesota. BERNICE JOHNSON of Texas, Ms. KAP- By Mr. SMITH of New Jersey (for him- H.R. 2408: Mr. PATRICK J. MURPHY of Penn- TUR, Mr. PAYNE, Mr. CARNAHAN, Ms. self, Mr. WOLF, Mr. PITTS, and Mr. sylvania and Mr. PLATTS. CHU, Mrs. NAPOLITANO, Mr. CLEAVER, FORTENBERRY): H.R. 2425: Mr. ROTHMAN of New Jersey.

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H.R. 2625: Mr. DEFAZIO, Ms. KILROY, Mr. H.R. 5016: Mr. MARSHALL. H.R. 5976: Mr. DICKS and Mr. LARSEN of SMITH of Washington, Mr. ARCURI, Mr. PE- H.R. 5028: Mr. BLUMENAUER. Washington. TERS, Mr. LANGEVIN, Mrs. LOWEY, Mr. H.R. 5034: Mr. RAHALL and Mr. BOREN. H.R. 5987: Mr. LUJA´ N, Mr. HONDA, Mr. CAR- CARNAHAN, Mr. GEORGE MILLER of California, H.R. 5037: Ms. ZOE LOFGREN of California. SON of Indiana, Mr. ROSS, Mr. ANDREWS, Ms. Ms. HIRONO, Mr. PATRICK J. MURPHY of Penn- H.R. 5044: Ms. CASTOR of Florida, Mr. PINGREE of Maine, Mr. ACKERMAN, Mr. FARR, sylvania, Mr. WEINER, Mr. SCOTT of Virginia, CARNAHAN, Ms. SUTTON, Mr. LIPINSKI, and and Mr. JACKSON of Illinois. Ms. CASTOR of Florida, Ms. WASSERMAN Mr. GRIJALVA. H.R. 6008: Mr. DINGELL. SCHULTZ, Mr. MAFFEI, MR. FARR, Mr. SCHIFF, H.R. 5081: Mr. HALL of New York, Mr. H.R. 6025: Mr. RAHALL, Mr. MURPHY of Con- Ms. WATSON, Ms. DELAURO, Mr. HIMES, Ms. ADLER of New Jersey, and Mr. BUCHANAN. necticut, and Mr. COURTNEY. H.R. 5111: Ms. JENKINS and Mr. COBLE. ESHOO, Mr. ACKERMAN, Mr. HODES, Mr. H.R. 6028: Mr. ROSS and Mr. MATHESON. H.R. 5115: Mr. MORAN of Virginia. MORAN of Virginia, Mr. DOYLE, Mr. BRADY of H.R. 6034: Mr. DRIEHAUS. H.R. 5218: Mr. SIRES. Pennsylvania, Mrs. NAPOLITANO, Mr. STARK, H.R. 6043: Mr. CROWLEY. H.R. 5258: Ms. PINGREE of Maine. Mr. HARE, Mr. SARBANES, Mr. CLAY, Ms. H.R. 6072: Mr. RYAN of Ohio, Mrs. H.R. 5270: Mr. COURTNEY. DAHLKEMPER, and Mr. CAPUANO. TSONGAS, Ms. PINGREE of Maine, and Mr. H.R. 5376: Mr. COSTA and Mr. SCHAUER. H.R. 6073: Mr. PITTS, Mr. HASTINGS of Flor- MURPHY of New York. H.R. 5393: Mr. WESTMORELAND. ida, Mr. NEAL of Massachusetts, Mr. RYAN of H.R. 2672: Mr. AKIN. H.R. 5400: Mr. MILLER of North Carolina. H.R. 2766: Mr. INSLEE and Mr. BISHOP of H.R. 5458: Mr. PIERLUISI. Ohio, and Mr. BURGESS. New York. H.R. 5477: Mr. SABLAN, Mr. OWENS, and Ms. H.R. 6097: Mr. POSEY. H.R. 2946: Ms. MARKEY of Colorado, Mr. MOORE of Wisconsin. H.R. 6099: Mr. LEWIS of Georgia. CARSON of Indiana, Ms. EDDIE BERNICE JOHN- H.R. 5504: Mr. CLAY, Mr. OLVER, and Mr. H.R. 6110: Mrs. CHRISTENSEN. SON of Texas, and Mr. DJOU. RYAN of Ohio. H.R. 6116: Ms. ZOE LOFGREN of California. H.R. 2964: Mr. CLAY. H.R. 5533: Mr. GRIJALVA, Mr. HIMES, and H.R. 6117: Mr. INSLEE and Mr. LARSEN of H.R. 3039: Mr. SABLAN. Mr. MURPHY of Connecticut. Washington. H.R. 3174: Mr. KLINE of Minnesota. H.R. 5549: Mr. PETERS and Mr. SCOTT of H.R. 6118: Mrs. CHRISTENSEN, Ms. FUDGE, H.R. 3240: Mr. ROTHMAN of New Jersey. Virginia. Ms. EDDIE BERNICE JOHNSON of Texas, Ms. H.R. 3289: Mr. KLINE of Minnesota. H.R. 5575: Mr. GUTIERREZ and Ms. EDWARDS CLARKE, Ms. WATSON, Mr. ELLISON, Mr. H.R. 3355: Mr. HARE. of Maryland. SCOTT of Virginia, Mr. CARSON of Indiana, H.R. 3431: Mr. CRITZ. H.R. 5577: Ms. ZOE LOFGREN of California Mr. PAYNE, Mr. RUSH, Mr. LEWIS of Georgia, H.R. 3464: Mr. KINGSTON, Mr. SALAZAR, Mr. and Mr. MARKEY of Massachusetts. Mr. DAVIS of Illinois, Mr. JOHNSON of Geor- HARPER, and Mr. SMITH of Nebraska. H.R. 5580: Mr. CAMPBELL. gia, Mr. FATTAH, Mr. CLEAVER, Ms. JACKSON H.R. 3567: Ms. EDDIE BERNICE JOHNSON of H.R. 5588: Mr. ISRAEL. LEE of Texas, Mr. CUMMINGS, Mr. AL GREEN Texas and Ms. ESHOO. H.R. 5597: Mr. LATHAM and Mr. GENE GREEN of Texas, and Ms. WATERS. H.R. 3580: Mr. GRAVES of Georgia, Mrs. of Texas. H.R. 6126: Mr. BOUCHER. LUMMIS, Mr. MCCLINTOCK, and Mr. GOHMERT. H.R. 5643: Mrs. DAVIS of California. H.R. 6127: Mr. WALDEN. H.R. 3586: Mr. SESSIONS, Mr. GENE GREEN of H.R. 5710: Mr. SCHOCK. H.R. 6128: Ms. HIRONO, Mr. GRIJALVA, Mr. Texas, Mr. CLEAVER, and Mr. DAVIS of Illi- H.R. 5746: Mr. DELAHUNT, Mr. ROTHMAN of ELLISON, Ms. TITUS, Mr. HARE, Mr. LARSEN of nois. New Jersey, Mrs. CAPPS, Mr. MCINTYRE, Mr. Washington, Mr. MAFFEI, Mr. HOLT, Mr. H.R. 3666: Mr. HOEKSTRA, Mr. HARE, Mr. BERMAN, Ms. PINGREE of Maine, Mr. PASTOR TONKO, Mr. BACA, Mr. HINCHEY, Ms. BALDWIN, WALZ, Mr. GEORGE MILLER of California, and of Arizona, Mr. MCGOVERN, Mrs. MCCARTHY Mr. SHERMAN, Mr. KILDEE, Mr. RUSH, Ms. Mr. WILSON of Ohio. of New York, Mr. TEAGUE, Mr. LEVIN, Mr. BERKLEY, Mr. DICKS, Mr. ARCURI, Mr. STARK, H.R. 3721: Mr. PETERS. KENNEDY, Mr. LARSEN of Washington, Mr. Mr. FILNER, Mr. BLUMENAUER, Ms. ROYBAL- H.R. 3765: Mr. WITTMAN and Mr. LATTA. HASTINGS of Florida, and Mr. THOMPSON of ALLARD, and Mr. WU. H.R. 3790: Mr. MORAN of Virginia. California. H.R. 6130: Mr. PASCRELL. H.R. 3851: Mr. DOYLE and Mrs. H.R. 5747: Mr. JACKSON of Illinois and Mr. H.R. 6139: Mr. KING of New York and Mr. CHRISTENSEN. FRANK of Massachusetts. ACKERMAN. H.R. 3974: Ms. MATSUI. H.R. 5753: Mr. PAYNE. H.R. 6146: Mr. WITTMAN, Mr. NYE, and Ms. H.R. 4116: Mr. ALTMIRE. H.R. 5778: Mr. KINGSTON and Mr. COBLE. BORDALLO. H.R. 5783: Ms. SCHAKOWSKY. H.R. 4121: Mrs. EMERSON and Mr. CUELLAR. H. Con. Res. 96: Mr. ELLISON. H.R. 5790: Mrs. BLACKBURN, Mr. BOUSTANY, H.R. 4149: Mr. COHEN and Ms. HERSETH H. Con. Res. 230: Mr. CARTER. Mr. BURGESS, Mr. CULBERSON, Mr. DUNCAN, SANDLIN. H. Con. Res. 267: Mr. PITTS and Mr. SCOTT Mr. GOHMERT, Ms. GRANGER, Mr. HARE, Ms. H.R. 4199: Mr. ROSS. of Georgia. JACKSON LEE of Texas, Mr. SAM JOHNSON of H.R. 4296: Ms. KAPTUR and Mr. NADLER of H. Con. Res. 296: Mr. CONNOLLY of Virginia Texas, Mr. MANZULLO, Mr. POE of Texas, Mr. New York. and Mr. ROGERS of Kentucky. ROSS, Mr. MARIO DIAZ-BALART of Florida, H.R. 4322: Mr. COOPER, Mr. WAMP, Mr. H. Con. Res. 303: Mr. MCCAUL, Mr. ROGERS and Mr. BRADY of Texas. LEWIS of California, Mrs. BIGGERT, Mr. of Alabama, Mrs. BACHMANN, and Mr. H.R. 5791: Mr. STARK. CARDOZA, Mr. TANNER, and Mr. CASTLE. MCKEON. H.R. 5792: Mr. STARK. H.R. 4335: Mr. STARK. H. Con. Res. 311: Mr. CAMP. H.R. 5793: Mr. STARK. H.R. 4520: Mr. COOPER and Mr. PITTS. H. Con. Res. 316: Mr. WAMP, Ms. FOXX, Mr. H.R. 5809: Ms. BORDALLO, Mr. QUIGLEY and H.R. 4541: Mr. PUTNAM, Mr. KENNEDY, Mr. LINDER, and Mr. BURTON of Indiana. Ms. SLAUGHTER. EUTCH OSEY H. Res. 111: Mr. COFFMAN of Colorado. D , and Mr. P . H.R. 5820: Mr. CUMMINGS, Mr. ENGEL, Mr. H.R. 4544: Ms. ROYBAL-ALLARD and Ms. H. Res. 397: Mr. WALDEN. CLAY, Ms. WOOLSEY, Mr. DEFAZIO and Ms. BERKLEY. H. Res. 764: Mr. ADLER of New Jersey, and BERKLEY. Mr. GARY G. MILLER of California. H.R. 4720: Mr. SMITH of Washington. H.R. 5828: Mr. DINGELL and Mrs. CAPITO. H. Res. 872: Mr. BARTON of Texas, Mr. H.R. 4733: Mr. OLVER and Ms. ZOE LOFGREN H.R. 5829: Ms. CORRINE BROWN of Florida LATTA, Mr. WAMP, Mrs. BLACKBURN, Mr. of California. and Ms. LORETTA SANCHEZ of California. H.R. 4735: Mrs. MCMORRIS RODGERS. H.R. 5866: Mrs. BIGGERT. ISSA, Mr. MARCHANT, Ms. GRANGER, Mr. H.R. 4798: Mr. YOUNG of Alaska. H.R. 5882: Mrs. LUMMIS, Mr. SHADEGG, Mr. NEUGEBAUER, Mr. POSEY, Mr. BISHOP of Utah, H.R. 4806: Mr. WAXMAN. MCCLINTOCK, Mr. DANIEL E. LUNGREN of Cali- Mr. GINGREY of Georgia, Mr. ROONEY, Mr. H.R. 4808: Mr. BACA, Mr. ETHERIDGE, Ms. fornia, Mr. CONAWAY, Mr. COFFMAN of Colo- BARTLETT, Mr. KING of Iowa, Mr. TIAHRT, Mr. GIFFORDS, Mr. KENNEDY, Ms. WASSERMAN rado, Mrs. BACHMANN, Mr. WILSON of South CHAFFETZ, Mr. FLEMING, Mrs. BACHMANN, Mr. SCHULTZ, Ms. WATERS, Ms. WATSON, Mr. GOR- Carolina, and Mr. JONES. SHIMKUS, Mr. FRANKS of Arizona, Mr. KLINE DON of Tennessee, Mr. SIRES, Mr. WALZ, Mr. H.R. 5892: Mr. COSTELLO. of Minnesota, Mr. BROUN of Georgia, Mr. MCNERNEY, Ms. MCCOLLUM, Mrs. H.R. 5906: Mr. PRICE of Georgia, Mr. PENCE, Mr. SHADEGG, Mr. JORDAN of Ohio, NAPOLITANO, Mr. PASCRELL, and Mr. PETERS. HERGER, Mr. PITTS, and Mr. MCCLINTOCK. Mr. MCCLINTOCK, Mr. PITTS, Mr. LAMBORN, H.R. 4830: Mrs. LOWEY and Mr. H.R. 5929: Mr. KENNEDY. Mr. HENSARLING, Mr. SCHOCK, and Mr. POE of BLUMENAUER. H.R. 5931: Mrs. CAPPS and Mr. HOLT. Texas. H.R. 4844: Mr. COSTELLO, Ms. CHU, and Mr. H.R. 5933: Mr. SCHIFF, Mr. FRANK of Massa- H. Res. 913: Mr. STARK. NEUGEBAUER. chusetts, Mr. MCNERNEY, Mr. SMITH of New H. Res. 1129: Mr. BUCHANAN and Mr. ROO- H.R. 4890: Mr. LUJA´ N and Mr. TEAGUE. Jersey, Mr. HONDA, Mr. WESTMORELAND, Mr. NEY. H.R. 4914: Mr. WAXMAN, Mr. HINOJOSA, and RAHALL, Mr. MILLER of North Carolina, Mr. H. Res. 1207: Mr. HERGER, Mr. CALVERT, Mr. Ms. FUDGE. GUTIERREZ, Mr. HILL, Mr. MITCHELL, Mr. CARTER, and Mr. HARPER. H.R. 4959: Mr. RYAN of Ohio and Mr. MCMAHON, Mr. SCOTT of Virginia, Mr. PE- H. Res. 1217: Mr. CRITZ. TIERNEY. TERS, Mr. AL GREEN of Texas, Mr. CHANDLER, H. Res. 1226: Mr. COURTNEY, Mr. COHEN, Mr. H.R. 4993: Mr. HIMES, Mr. LATOURETTE, Mr. Mr. KENNEDY, and Mr. HOLT. CONAWAY, Mr. TONKO, Mr. VAN HOLLEN, Mr. GENE GREEN of Texas, and Mr. COHEN. H.R. 5942: Mr. RODRIGUEZ. SHULER, Mr. GEORGE MILLER of California, H.R. 5000: Mr. LARSON of Connecticut and H.R. 5967: Mr. SCHAUER, Mr. MCDERMOTT, Mr. STEARNS, Mr. WELCH, Mr. DOYLE, Mr. Mr. CARNAHAN. Mr. LARSON of Connecticut, Mr. MORAN of HIMES, Mr. BOSWELL, Mr. FLEMING, Mrs. H.R. 5001: Mr. GENE GREEN of Texas. Virginia, and Mr. GRAYSON. CAPPS, and Mr. BERRY.

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H. Res. 1264: Mr. WITTMAN, Ms. FOXX, Mr. H. Res. 1531: Mr. LATHAM, Mrs. H. Res. 1622: Mr. SABLAN, Mr. MCGOVERN, JOHNSON of Georgia, and Mr. ROSS. DAHLKEMPER, Mr. PITTS, Mrs. MALONEY, Mr. and Mr. FILNER. H. Res. 1275: Ms. NORTON. BOSWELL, Mr. LUETKEMEYER, Mr. SPACE, Mr. H. Res. 1624: Mrs. CHRISTENSEN, Mr. H. Res. 1314: Mr. MORAN of Virginia. SMITH of Nebraska, Ms. BERKLEY, Mr. CROW- EHLERS, Mr. SABLAN, Ms. ZOE LOFGREN of H. Res. 1355: Mr. FILNER and Mr. HIMES. LEY, and Mr. HINCHEY. California, Mr. FILNER, Mr. GARAMENDI, Mr. H. Res. 1377: Mr. HARE, Mrs. NAPOLITANO, H. Res. 1545: Mrs. MCCARTHY of New York NADLER of New York, Mr. INSLEE, Ms. Ms. RICHARDSON, Mr. NADLER of New York, and Mr. ETHERIDGE. HIRONO, Ms. MATSUI, Mr. DELAHUNT, Mr. CAS- Mr. RAHALL, Ms. EDDIE BERNICE JOHNSON of H. Res. 1576: Ms. NORTON and Mr. CALVERT. TLE, Ms. SPEIER, Mr. CONNOLLY of Virginia, Texas, Mr. COBLE, Mr. YOUNG of Alaska, Mr. H. Res. 1587: Mr. BROUN of Georgia, Mr. Mr. MICHAUD, Ms. JACKSON LEE of Texas, and FILNER, and Ms. ROYBAL-ALLARD. BURTON of Indiana, Mr. KLINE of Minnesota, Mr. KUCINICH. H. Res. 1396: Ms. SCHAKOWSKY. and Mr. LINDER. H. Res. 1625: Mr. SERRANO, Mrs. CAPPS, Mr. H. Res. 1430: Mr. POLIS. H. Res. 1588: Mr. COURTNEY, Mr. FRANKS of BROWN of South Carolina, Mrs. CHRISTENSEN, H. Res. 1433: Mr. SMITH of Texas, Mr. Arizona, Mr. HERGER, Mr. HOLT, Mr. MURPHY Mr. NADLER of New York, Mr. CARNAHAN, and FORBES, Mr. WAMP, Ms. LORETTA SANCHEZ of of Connecticut, and Mr. PASCRELL. Mr. FARR. California, Mr. WITTMAN, Mrs. LOWEY, Mr. H. Res. 1600: Mr. OLSON, Ms. FUDGE, Mr. H. Res. 1627: Mr. BLUMENAUER. CONNOLLY of Virginia, and Mr. HIMES. COHEN, Ms. ROYBAL-ALLARD, Mr. LANGEVIN, H. Res. 1628: Mr. BURTON of Indiana, Mr. H. Res. 1442: Mr. PERLMUTTER, Mr. OLSON, Mr. WITTMAN, Mr. MURPHY of Connecticut, WILSON of Ohio, Mr. RYAN of Ohio, and Mr. Mr. WESTMORELAND, Mr. MCGOVERN, Mr. Mr. WU, Mrs. BACHMANN, Mr. GRIJALVA, Mr. STUPAK. JOHNSON of Georgia, Mr. PENCE, Mr. SHULER, ALEXANDER, Mr. MARKEY of Massachusetts, H. Res. 1629: Mr. BARTON of Texas, Mr. DON- Mr. ROE of Tennessee, Mr. COSTELLO, Mr. Mr. DAVIS of Tennessee, Ms. DELAURO, Mr. NELLY of Indiana, and Mr. GRIFFITH. ISSA, Mrs. MILLER of Michigan, Mr. BURTON PIERLUISI, Mr. YOUNG of Alaska, Ms. H. Res. 1636: Mrs. BONO MACK and Mr. of Indiana, Mr. COHEN, Mr. SHUSTER, Mr. SCHWARTZ, and Mr. BOSWELL. MCCLINTOCK. ADERHOLT, Mr. PETRI, Mr. MORAN of Kansas, H. Res. 1603: Mr. BARROW, Mr. SHULER, Mr. H. Res. 1637: Ms. KILROY, Mr. CONNOLLY of Mr. NEAL of Massachusetts, and Mr. WAMP. HILL, Mr. MURPHY of New York, Mr. PETER- Virginia, Mrs. DAVIS of California, Mr. FIL- H. Res. 1444: Mr. DINGELL and Mr. SON, Mr. MINNICK, Ms. HERSETH SANDLIN, Mr. NER, Ms. MCCOLLUM, Ms. SHEA-PORTER, Mr. BLUMENAUER. BOOZMAN, Mr. MOORE of Kansas, Mr. CHAN- HOLDEN, Mr. SABLAN, Mr. DELAHUNT, Mr. H. Res. 1461: Mrs. DAVIS of California, Mr. DLER, Mr. CHILDERS, Mr. MATHESON, Ms. HINOJOSA, Mr. HASTINGS of Florida, Mr. BOS- CAMP, and Mr. TERRY. MARKEY of Colorado, Mr. TANNER, Ms. LO- WELL, Ms. DELAURO, Mr. GRIJALVA, Ms. H. Res. 1476: Ms. WOOLSEY, Ms. CORRINE RETTA SANCHEZ of California, Mr. MELANCON, BORDALLO, Ms. ROYBAL-ALLARD, Ms. NORTON, BROWN of Florida, Mr. CLAY, and Mr. Mr. BERRY, Mr. BOREN, Mr. BISHOP of Geor- Mr. WU, Mr. COURTNEY, Mr. COSTELLO, and SERRANO. gia, and Mr. BOSWELL. Mr. CAO. H. Res. 1485: Mr. RYAN of Ohio, Ms. SUTTON, H. Res. 1604: Mr. GRIJALVA. H. Res. 1638: Ms. CHU, Mr. PAYNE, Ms. WAT- Mr. BROUN of Georgia, and Mr. MCCLINTOCK. H. Res. 1607: Mr. PLATTS and Mr. SON, Ms. EDDIE BERNICE JOHNSON of Texas, H. Res. 1502: Mr. SMITH of Texas, Mr. CAMP- NEUGEBAUER. Ms. CLARKE, Mrs. CHRISTENSEN, Mr. JOHNSON BELL, Mr. CHAFFETZ, Mr. NEUGEBAUER, Mr. H. Res. 1615: Mr. PAUL, Mr. BILIRAKIS, Mr. of Georgia, Ms. JACKSON LEE of Texas, Ms. MARCHANT, Mr. ISSA, Mr. HENSARLING, Mr. MANZULLO, Mr. SESSIONS, Mr. PENCE, Mr. NORTON, Mr. WATT, Ms. WATERS, Mr. PENCE, Mr. MANZULLO, Mr. KING of Iowa, Mr. WOLF, Mr. INGLIS, Mr. PITTS, Mr. BURTON of CUMMINGS, Ms. FUDGE, Mr. RUSH, Mr. BISHOP of Utah, Mr. GINGREY of Georgia, Mr. Indiana, and Ms. FOXX. ELLISON, Mr. CLEAVER, Mr. LEWIS of Georgia, CONAWAY, Mr. GOHMERT, Mr. SHADEGG, Mr. H. Res. 1617: Mrs. BLACKBURN, Mr. and Mr. CARSON of Indiana. FRANKS of Arizona, Mr. LAMBORN, Mr. PITTS, BOOZMAN, Mr. BROWN of South Carolina, Mr. and Mr. BARTLETT. CALVERT, Mr. DENT, Mr. LAMBORN, Mr. f H. Res. 1503: Mr. KLEIN of Florida. MCCAUL, Ms. NORTON, Mr. PRICE of Georgia, H. Res. 1523: Ms. LINDA T. SA´ NCHEZ of Cali- Ms. SHEA-PORTER, Mr. TIBERI, and Mr. DELETIONS OF SPONSORS FROM fornia, Ms. NORTON, Mr. HARPER, Mr. WITTMAN. PUBLIC BILLS AND RESOLUTIONS CARNAHAN, and Ms. EDDIE BERNICE JOHNSON H. Res. 1618: Mr. OWENS. Under clause 7 of rule XII, sponsors of Texas. H. Res. 1621: Mr. COURTNEY, Mr. DOYLE, Mr. H. Res. 1524: Mr. MCGOVERN. TEAGUE, Mr. BLUMENAUER, Mr. CRITZ, Ms. were deleted from public bills and reso- H. Res. 1528: Ms. CHU and Mr. GEORGE MIL- BORDALLO, Ms. DELAURO, Mr. KILDEE, Mr. lutions as follows: LER of California. CLAY, Mrs. NAPOLITANO, and Mr. TONKO. H.R. 413: Mr. POE of Texas.

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 111 CONGRESS, SECOND SESSION

Vol. 156 WASHINGTON, WEDNESDAY, SEPTEMBER 22, 2010 No. 128 Senate The Senate met at 9:30 a.m. and was appoint the Honorable CARTE P. GOODWIN, a SCHEDULE called to order by the Honorable CARTE Senator from the State of West Virginia, to perform the duties of the Chair. Mr. REID. Mr. President, following P. GOODWIN, a Senator from the State any leader remarks, there will be a pe- of West Virginia. DANIEL K. INOUYE, President pro tempore. riod of morning business until 4 p.m. PRAYER Mr. GOODWIN thereupon assumed today, with the time until 10 a.m. equally divided and controlled between The Chaplain, Dr. Barry C. Black, of- the chair as Acting President pro tem- the two leaders or their designees. The fered the following prayer: pore. time from 10 a.m. to 4 p.m. will be con- Let us pray. f Lord, this is the day that You have trolled in alternating 30-minute blocks RECOGNITION OF THE MAJORITY made, and we will rejoice and be glad of time, with the majority controlling LEADER in it. Thank You for the beauty of the the first block and the Republicans Earth and the glory of the skies. The ACTING PRESIDENT pro tem- controlling the next. Following morn- Thank You for the love which from our pore. The majority leader is recog- ing business, the Senate will resume birth over and around us lies. nized. consideration of the motion to proceed Be near today to our Senators. Infuse f to S. 3454, the Defense authorization them with reverence for You. May bill. MEASURES PLACED ON THE CAL- their lives be adorned with civility, in- ENDAR—S. 3813, S. 3815, AND S. f tegrity, humility, and faithfulness. 3816 May a spirit of respect and forbearance THE DISCLOSE ACT characterize all they do and say, as Mr. REID. Mr. President, there are three bills at the desk due for a second Mr. REID. Mr. President, the debate they hunger for Your truth and thirst this morning will be related to the for Your righteousness. Lord, distill reading. Citizens United case. That is the case upon them the dews of quietness and The ACTING PRESIDENT pro tem- where the Supreme Court changed confidence that in simple trust and pore. The clerk will report the bills by more than 100 years of precedent in the deeper reverence they may be found title for the second time. United States, which in the past had steadfast and abounding in Your power. The assistant legislative clerk read We pray in Your sovereign Name. as follows: totally prevented corporations from Amen. A bill (S. 3813) to amend the Public Utility being involved in Federal elections. Regulatory Policies Act of 1978 to establish a The Supreme Court stood that rule on f Federal renewable electricity standard, and its head and denied stare decisis, which PLEDGE OF ALLEGIANCE for other purposes. certainly surprised nearly everyone. A bill (S. 3815) to amend the Internal Rev- The Honorable CARTE P. GOODWIN led They became involved, it appears, in enue Code of 1986 to reduce oil consumption the Pledge of Allegiance, as follows: the political process by a 5-to-4 major- and improve energy security, and for other ity, now allowing corporations, includ- I pledge allegiance to the Flag of the purposes. United States of America, and to the Repub- A bill (S. 3816) to amend the Internal Rev- ing corporations that have foreign in- lic for which it stands, one nation under God, enue Code of 1986 to create American jobs terests, to become involved in our proc- indivisible, with liberty and justice for all. and to prevent offshoring of such jobs over- ess. They really have opened the door. f seas. We have these nameless, faceless indi- APPOINTMENT OF ACTING Mr. REID. Mr. President, on these viduals spending huge amounts of PRESIDENT PRO TEMPORE bills, would it be in order now to ask money—corporate money and other unanimous consent that on S. 3815, money—where there is certainly no The PRESIDING OFFICER. The Senators HATCH and MENENDEZ be transparency whatsoever. These ads clerk will please read a communication added as original cosponsors? are being run on television and radio to the Senate from the President pro The ACTING PRESIDENT pro tem- around the country. No one knows tempore (Mr. INOUYE). pore. Without objection, it is so or- where the money comes from, how The assistant legislative clerk read dered. much it is. In fact, I repeat, there is no the following letter: Mr. REID. Mr. President, I object to transparency. That is what the debate U.S. SENATE, any further proceedings with respect to is about today. We have had a vote on PRESIDENT PRO TEMPORE, this once before. I have the right to Washington, DC, September 22, 2010. these bills en bloc. To the Senate: The ACTING PRESIDENT pro tem- call it up again, and I will do so at the Under the provisions of rule I, paragraph 3, pore. Objection having been heard, the appropriate time, but it is important of the Standing Rules of the Senate, I hereby bills will be placed on the calendar. that the American people know how

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

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VerDate Mar 15 2010 02:26 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.000 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE S7304 CONGRESSIONAL RECORD — SENATE September 22, 2010 outrageous the Supreme Court’s deci- I came to the Senate succeeding my voted on it, not a single Republican sion was. mentor and great friend Paul Simon, would join us in an effort for disclo- Would the Chair now announce morn- who was a Senator from Illinois. Paul sure—disclosure by these special inter- ing business. Simon would have run successfully if est groups and corporate groups that f he had tried for another term in the are buying these political ads. Let me Senate, but Paul announced that he quote from a Member of the Senate. RESERVATION OF LEADER TIME just didn’t want to go through that ar- This Member of the Senate said: The ACTING PRESIDENT pro tem- duous battle of raising money—lit- What we ought to have is disclosure. I pore. Under the previous order, the erally sitting on the telephone hour think groups should have the right to run leadership time is reserved. after weary hour trying to get through those ads, but they ought to be disclosed and f to people to beg for money. That is the they ought to be accurate. plight of most people who decide to be Who said that? The Senator from MORNING BUSINESS political candidates. So those who do Kentucky, who has just come to the The ACTING PRESIDENT pro tem- engage in that process and accept that floor. The minority leader said that in pore. Under the previous order, there challenge know it is going to consume the context of the McCain-Feingold will now be a period of morning busi- at least half of their waking moments campaign finance bill in 2002. ness until 4 p.m., with Senators per- as a candidate—raising money so that The Senator from Kentucky, the Re- mitted to speak therein for up to 10 you will be on television in the impor- publican minority leader, is not the minutes each, with the time until 10 tant close of the campaign. You know only Republican who would seem to a.m. equally divided and controlled be- as well that you are going to be calling support the principle behind the DIS- tween the two leaders or their des- a number of people, some of whom are CLOSE Act. The Senator from Ala- ignees and the time from 10 a.m. to 4 very gracious and giving without any bama, Mr. SESSIONS, the ranking mem- p.m. controlled in alternating blocks of demand for return and some who just ber of the Senate Judiciary Com- time, with the majority controlling the want to call you back at a later time mittee, said earlier this year: first block and the Republicans con- when something important to them I don’t like it when a large source of trolling the next. comes up. That item of importance money is out there funding ads and is not ac- The ACTING PRESIDENT pro tem- may be at the highest level of prin- countable. To the extent we can, I tend to pore. The Senator from Illinois is rec- ciple, but it may not be as well. It may favor disclosure. ognized. be something very personal to them The Senator from Texas, Mr. CORNYN, Mr. DURBIN. Mr. President, I ask about their business or their family chairman of the Senate’s Republican unanimous consent to speak as in that brings them to ask a favor. That campaign committee, apparently morning business. is the nature of the political process. agrees with that sentiment. Here is The ACTING PRESIDENT pro tem- Now insert into that process the new what he said earlier this year: pore. The Senate is in morning busi- decision by the Supreme Court, which I think the system needs more trans- ness, and the Senator is recognized. has decided that not only individuals parency so people can more easily reach f have the power under our Constitution their own conclusions. and Bill of Rights to express them- I agree. I agree with these state- THE DISCLOSE ACT selves through the expenditure of ments by Senator MCCONNELL, Senator Mr. DURBIN. Mr. President, when I money but that now corporations do as SESSIONS, and Senator CORNYN, and I reflect on the current state of frustra- well. This Citizens United decision by think the statements they have made tion most Americans feel about our po- the Supreme Court—a Court which give them good reason to vote for the litical system, I know there are many many had praised as being a conserv- DISCLOSE Act, which they initially reasons, not the least of which is the ative Court bound by precedent—broke opposed and I hope, in reconsideration, state of our economy. When people are precedent, established new standards, might favor. uncertain about their economic future, and basically allows corporations and The DISCLOSE Act would bring they are certainly unhappy with polit- special interests across America to greater transparency to the source of ical leaders because that is whom they spend unlimited amounts of money in campaign ads flooding the airwaves be- look to first and foremost for some as- political campaigns. Now the hardest fore an election so that voters can surance that our economy is moving working candidate of either political make good decisions for themselves as forward and creating opportunity for party, working night and day to raise to whether the ads are truthful. them in the future. Where there is un- money, can be overwhelmed and As a voter, I would want to know who certainty, it is understandable that it eclipsed overnight by a special interest paid for the political ad, and I do not translates into frustration with politi- group or corporation that decides to want foreign companies trying to buy cians and our political process. spend millions of dollars to tell their our elections. Shouldn’t we know if But I would tell you that as I reflect side of the story. And trust me, these some foreign corporation is buying ads on the many years I have been involved corporations won’t get up and say: We to defeat an American politician? in public life, there is one aspect of this had a narrow amendment in our self-in- Shouldn’t we have that disclosure? which really needs to be addressed, terest to try to maximize our profits, That is what the DISCLOSE Act says, honestly and openly discussed, and and the incumbent Senator voted and those who oppose it oppose that that is how we finance our political against it. That isn’t how they will tell kind of disclosure. campaigns in America. I think this is the story. They will tell the story As a taxpayer, I don’t want big com- at the heart of the current weakness of about how this politician had basically panies with more than $10 million in our political system and a real chal- turned his back on the people who Federal contracts to be able to buy ads lenge to its future. elected him or takes a position they do to curry favor with those Congressmen I can tell you that most every indi- not appreciate. How does the average and Senators who happen to want to vidual who sits down to make the deci- person—the average candidate—over- help them without disclosing who they sion about entering public life has that come that kind of attack? The Citizens are. Is it too much to ask that someone sobering moment when they reflect on United decision by this Supreme Court who has a vested interest in govern- the fact that this isn’t just a matter of has turned our political system upside ment contracts and buys ads to influ- how hard you work or how good you down. ence the outcome of an election to are or what your ideas might be. It has Here is a quote that accurately de- elect a Senator or Congressman who a lot to do with how much money you scribes what we are trying to achieve will vote their way at a minimum dis- can raise. And if you can’t raise enough with the DISCLOSE Act, which we are close who they are? money to deliver your message through going to call up for a vote. The DIS- As a shareholder of a company, I radio or TV or social networking and CLOSE Act addresses the Citizens want to know what political activities all the different varieties of reaching United decision by the Supreme Court. the management of that company is the voters, even the very best can- We are going to be voting on this for spending my company’s money on. If didates don’t stand a chance. the second time. The first time we the board of directors or one member

VerDate Mar 15 2010 02:26 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.001 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE September 22, 2010 CONGRESSIONAL RECORD — SENATE S7305 or the CEO decides to spend several on ‘‘Meet the Press.’’ Here is what he cans most concerned about? It is no se- million dollars defeating a candidate, said: ‘‘Republicans are in favor of dis- cret that Americans want Congress to should the people who own the com- closure.’’ We hope they will be in favor focus on jobs and the economy. Yet, pany, the shareholders, at least know of the DISCLOSE Act, which calls for over the last 2 months, in the midst of that and be in on the decision? disclosure. You can’t state a position what Democrats are remarkably call- The DISCLOSE Act would help with much more clearly than the Senator ing ‘‘recovery summer,’’ the President all these goals. It would make CEOs did. I hope they still feel that way. I has devoted two of his weekly radio ad- and other leaders take personal respon- hope Senate Republicans will join us in dresses to the Nation to making a per- sibility for their ads. It would require a meaningful disclosure method for sonal pitch for this bill. companies and groups to disclose to campaign finance reform that will Today in the Senate, in the middle of the FEC within 24 hours of conducting move us in the direction of giving the the worst recession in memory, the any campaign-related activity or voters more information so they can Democratic leadership has decided to transferring money to other campaign decide which candidates they want to spend the next 2 days on the same groups. It would prevent foreign com- support and know who is supporting failed partisan campaign spending bill panies from contributing to the out- different causes and candidates. aimed at giving Democrats a political come of our election. It would mandate The ACTING PRESIDENT pro tem- edge. It is truly astonishing. It seems that corporations, unions, and other pore. The time of the Senator has ex- as if the more Americans say they groups disclose their campaign activi- pired. want Democrats to focus on jobs, the ties to shareholders and members in Mr. DURBIN. I yield the floor. more determined they are to press their annual and periodic reports. It The ACTING PRESIDENT pro tem- ahead with some piece of legislation would bar large government contrac- pore. The Republican leader. aimed either at killing private sector tors from receiving taxpayer funds and Mr. MCCONNELL. I am not sure what jobs or, in the case of this bill, pre- then using that money to buy cam- the parliamentary situation is, but I serving their own jobs. paign ads. It would restrict companies am going to proceed under my leader Here we are, in the middle of a reces- from sponsoring a candidate. It is all time. sion, with 27 States yesterday report- common sense. The ACTING PRESIDENT pro tem- ing increases in unemployment, 14 mil- Let me be clear. I personally think pore. The Senator is recognized. lion Americans looking for work, and a we should go further to change the way f national debt that is putting the very we finance campaigns. I am the author THE DISCLOSE ACT future of the American dream in jeop- and lead sponsor of the Fair Elections ardy, here we are voting on a bill that Now Act, which would allow viable Mr. MCCONNELL. Mr. President, amounts to little more than an incum- candidates who qualify for the fair here we go again, back to the DIS- bency protection act for Democrats in elections program to raise a maximum CLOSE Act. Americans are speaking Congress. If Americans are looking for of $100 from any donor. These can- out. They want us to focus on the econ- one final piece of evidence in this Con- didates would receive matching funds omy, on preventing tax hikes, on cre- gress that Democrats have lost per- and grants in order to compete with ating jobs. What do Democrats do? spective and lost touch with Ameri- those high-rolling candidates who have They turn to the so-called DISCLOSE cans, then this is it. personal wealth. That would change Act, a bill they say is about trans- I yield the floor. the system fundamentally, to move to- parency in elections but which was The ACTING PRESIDENT pro tem- ward a system of public financing. drafted behind closed doors, without pore. The Senator from Georgia. Those who criticize it should take hearings, without testimony, and with- f heart from the States that have out any markups; a bill which is sup- brought it to a referendum, which have posed to be about free speech but which HONORING CONLEY INGRAM said repeatedly that they would much picks and chooses who gets the right to Mr. ISAKSON. Mr. President, I rise rather have public financing and take engage in political speech and who does for a moment to pause and pay tribute the special interests out of politics not; a bill that is back on the floor for to the life and accomplishments of a even if it meant imposing a tax—as we no other reason than the fact that our citizen of my home community, Judge do, for example, with corporations friends on the other side have decided Conley Ingram. In fact, in a few days a doing business with the Federal Gov- this week is politics-only week in the number of members of our community, ernment—a tiny tax, which would gen- Senate. Let’s be clear from the outset. his friends and associates over his ca- erate enough money for the campaigns That is all this is—pure politics. reer in law and community service, across the Congress and get us out of Over the past couple of elections, our will join to celebrate his life and this money chase we are currently in. friends on the other side have gotten a achievements and his birthday. He is a It would change the system of politics lot of help from their union allies and remarkable person whom I admire fundamentally. It would put the aver- other outside groups—so much so, in greatly because he has been a mentor age citizen back in the picture, and I fact, that they were able to outspend to me and the example I have tried to think it would begin to restore con- their opponents 2 to 1 in 2006 and 3 to follow. Unfortunately, I will not be fidence. 1 in 2008. That is our friends on the able to attend that particular program, Until we change the way we finance other side of the aisle. But now, after but today on the floor of the Senate, I campaigns, I do not believe we can re- spending the last year and a half enact- wanted to memorialize a true storied store confidence in our political sys- ing policies Americans don’t like, they jurist of the State of Georgia, probably tem to a level that it should be. But in want to prevent their opponents from amongst the top three or four from our the wake of the Citizens United deci- being able to criticize what they have State in the history of our State. He is sion, we are moving in the opposite di- done. They hear Americans speaking a man who stands shoulder to shoulder rection. Allowing companies to spend out, they see some energy on the other with men such as Griffin Bell, the freely and directly on political cam- side, and they don’t want to take the former Attorney General of the United paigns—we should at least have the kind of criticism they have leveled at States, and former Assistant Attorney transparency that is being asked in the Republicans for the past 4 years, so General Larry Thompson. DISCLOSE bill. Is it asking too much they are trying to rig the system to Conley Ingram has done about every- to require a group or company to at their advantage. That is it. It is quite thing you can do as an attorney and a least mention who is sponsoring an ad simple—just to rig the system to their lawyer. When he graduated from so the American people know who is advantage. Emory University 59 years ago and paying for it? I don’t think it is. Once The only question here is why our went into the service, he taught at the upon a time, many Republicans agreed friends on the other side would want to Judge Advocate School in Charlottes- with me. propose something like this when ville, VA. From there, he went on to be I will close with one more quote from Americans are screaming at them to city attorney, special assistant attor- the Senator from Kentucky, the minor- focus on the economy instead. Just ney general, juvenile court judge of the ity leader, from an interview years ago look at the surveys. What are Ameri- County of Cobb, and went on to become

VerDate Mar 15 2010 02:26 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.003 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE S7306 CONGRESSIONAL RECORD — SENATE September 22, 2010 superior court judge in the County of idea that the country’s people are in they made every 10 hours. You get Cobb. He then founded his own law firm charge. some sense, then, of the challenge. and ran it for a number of years until As was so often the case, Abraham If you like negative ads, you will love he became a justice of the Supreme Lincoln said it better than most. He the impact of Citizens United. Imagine Court of the State of Georgia. After said, the United States is a ‘‘govern- what corporations will do to put fa- leaving there, he went with the storied ment of the people, by the people, for vored candidates in office. The sheer firm of Alston & Bird and became prob- the people.’’ What that means is that volume of money could allow corpora- ably the Nation’s most recognized arbi- we elected officials work for the peo- tions to handpick their candidates, trator and mediator of any attorney in ple. They elect us. They are in charge. providing unlimited support to their the country. And not to finish and not But this formula, government by and campaigns, and take out anyone who to quit, for the last 12 years he has for the people, cannot survive if our dares to stand for the public interest. been a senior special superior court elections are not open, free, and fair, The DISCLOSE Act we are debating judge in Cobb County, GA, serving all and Citizens United ends open, free, is not a perfect solution to this attack the time the citizens of our State. and fair elections in America. This de- on American democracy. But it does But his greatest service is the exam- cision says that unlimited secret and change one critical feature; that is, se- ple he shows. He has been selected our foreign funds can be spent on elections cret spending becomes publicly dis- Community Citizen of the Year. He re- in the United States of America. Let closed spending. ceived excellence awards for the legacy me restate that. This decision, Citizens My colleagues on both sides of the aisle have spoken time and time again he has left not just for his work on the United, says unlimited secret funds can about the importance of public disclo- bench, not just his work as a lawyer, be spent on elections in the United sure and democracy. One of my col- but his work for the betterment of the States of America. leagues from Texas said: community, whether it is the Boys This is not just some hypothetical. Club or the Girls Club, whether it is his Reports estimate that over the last few I think the system needs more trans- weeks, $24 million has been spent in se- parency so people can reach their own con- church, or whether it is his neighbor- clusions. In other words, people should know hood. cret spending, with no ability to trace who is funding that campaign ad. who put it into campaigns. The results But for me, there is one special thing One of my colleagues from Ten- are negative attack ads barraging can- to say about Judge Conley Ingram: He nessee: didates in State after State after is a man who takes time for everybody. To me, campaign finance reform means in- He is a man who is willing to help. He State, under, I am sure, pleasant- dividual contributions, free speech, and full is a man who would rather find com- sounding names such as Citizens for a disclosure. In other words, any individual mon ground in the interest of both par- Strong America or Citizens for Blue can give whatever they want as long as it is ties than have a winner-take-all philos- Skies or Citizens for a Better Nation, disclosed every day on the Internet. Other- ophy of life. front groups that are using this secret wise you restrict free speech and favor super Probably the greatest blessing of money, allowed by this decision, to rich candidates, candidates with famous Conley Ingram’s life is his wife Sylvia, drown out the voice of the American names, the media and special interest groups, all of whom can spend unlimited whom my wife Dianne and I cherish as citizen in elections across this land. money. a dear friend. Government is not by and for the people if corporations and even foreign That is a strong statement by my So this week in which our commu- friend and colleague from Tennessee in nity will celebrate the many accom- corporations and giant government contractors are able to hijack our elec- support of disclosure. The Republican plishments of the 59 years of the prac- floor leader, speaking in 1997: tice of law of Judge Conley Ingram and toral process to run millions of dollars of attack ads against any candidate or Public dealerships of campaign contribu- his life in general, I am proud to stand tions and spending and spending should be on the floor of the Senate and say: legislator who dares put the public in- expedited so voters can judge for themselves Conley, thank you, not just for what terest ahead of the company’s bottom what is inappropriate. you have done for me but what you line. How can a voter judge the content of have done for so many people in our Our Constitution, through the first the ad if they do not know what money great State and for this great country, amendment, puts the highest protec- is behind it? So disclosure is something the United States of America. tion on political speech, recognizing that has been a bipartisan concept. I suggest the absence of a quorum. how important it is that citizens be Folks have referred to it as sunshine is The ACTING PRESIDENT pro tem- able to debate the merits of candidates the best disinfectant. So this bill pore. The clerk will call the roll. and ideas. But the essence of the first brings transparency. The DISCLOSE The assistant legislative clerk pro- amendment is that competing voices Act makes the CEO of a company stand ceeded to call the roll. should be heard in the marketplace of by its words. The CEO would have to Mr. MERKLEY. I ask unanimous ideas. The Citizens United decision say, at the end of the ad, that they ap- consent that the order for the quorum gave the largest corporations a sta- proved this message, just like political call be rescinded. dium sound system to drown out the candidates have to do right now. The ACTING PRESIDENT pro tem- voices of our citizens. It is common sense. If a company is pore. Without objection, it is so or- Let me give you some sense of this. willing to spend millions working dered. Take a single corporation in 2008, against a candidate, voters, our citi- f Exxon Corporation. Exxon Corporation zens, have a right to know who is in- made a lot of money in 2008. If it had volved instead of allowing them to hide THE DISCLOSE ACT spent just 3 percent of the total net behind shadowy front groups. Simi- Mr. MERKLEY. Mr. President, I rise revenue it had that year, that would larly, this bill would require 527 to speak about an issue of critical im- exceed all the spending by Presidential groups, which exist solely to influence portance to the future of our democ- candidates for the 2008 election. Three elections, to be transparent about who racy. I have in my hand the majority percent of a single corporation’s net is funding them. Voters have a right to opinion titled ‘‘Citizens United.’’ revenues would drown out all the dol- know where ads and campaign dollars This Supreme Court decision, decided lars spent by citizens in the Presi- come from. on the narrowest of grounds, is of pro- dential race in the 2008 election. That A second issue this act takes on is found importance to our Nation and is the stadium sound system I am talk- the pay-to-play issue; that is, the con- how the voices of citizens get heard or ing about. cept that groups that are competing get drowned out. This decision, Citi- Think about the scale. My Senate for government contracts and winning zens United, is a dagger poised at the race was far and away the most expen- those contracts have a particular con- heart of American democracy. sive election in Oregon history. Two flict of interest when it comes to Our Nation is unique in world history candidates together spent about $20 spending large volumes on campaigns. in that it was founded not on nation- million. To translate that back to a So this gets rid of that conflict of in- ality of royal bloodlines but on a sim- single corporation, Exxon, that would terest. It says it bars government con- ple idea, a simple yet revolutionary be the amount of money in net profits tractors from running campaign ads or

VerDate Mar 15 2010 02:26 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.004 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE September 22, 2010 CONGRESSIONAL RECORD — SENATE S7307 paying for other campaign activities on So let’s say no to secret spending. foreign entities controlled by a govern- behalf of a Federal candidate. Let’s say no to foreign corporations. ment—the money is flowing. Don’t be- We understand this conflict of inter- Let’s say no to the conflict of interest lieve me, even though we have seen est. We have the Hatch Act. We under- of government contractors using their since August 15 to last night $21 mil- stand Federal employees have a con- profits from their contracts to weigh in lion already spent on the Republican flict of interest. We also understand and try to influence and getting favor- side of the aisle in independent expend- government contractors have a conflict itism with candidates. Let’s say yes to itures, unknown money, no person, no of interest. This bill also takes on the government by and for the people. face, no name. That is why I guess we issue of foreign-owned corporations. It We need some profiles in courage can’t seem to get a vote. But don’t lis- says that if a company is 20 percent today to preserve the heart of our de- ten to me. Listen to Michael Toner, foreign owned, it is not eligible to mocracy, government by and for the former Republican Federal Election allow these massive expenditures on people. Commission Commissioner. He said: behalf of particular political can- I yield the floor. I can tell you from personal experience, didates or causes. The PRESIDING OFFICER (Mr. the money’s flowing. Do we want to leave the door open to PRYOR.) The Senator from New Jersey. For what purpose? Corporations just foreign corporations spending unlim- Mr. MENENDEZ. Mr. President, I spending their money for something ited sums here in America to change come to the floor in an effort to try to other than the pursuit of the bottom the course of our Nation? I do not get my colleagues on the other side of line? When have we known a corpora- think so. I do not think any red-blood- the aisle to join us in preserving our tion to spend its money recklessly ed American wants foreign corpora- democracy. I heard the Republican without pursuing an interest in the tions dictating the future of the United leader’s remarks that we should be fo- bottom line? I haven’t seen too many States of America. That is what this cused on jobs, and we have been, not- of those. They may have made bad mis- act is about. withstanding the constant obstruction takes, but they have never purposely Essentially, what the Citizens United of our colleagues on the other side of spent money for the purposes of any- decision did, it created a ‘‘supercit- the aisle by using the filibuster count- thing other than to improve their bot- izen’’ who can operate in secret with less times in terms of us being able to tom line. So if they are spending unlimited funds to influence American move forward on jobs. money in elections, they are spending elections. A few years ago, I was with But this legislation is about jobs. to make sure they can improve their my son on the first floor of the Lincoln Some people might ask: Well, what bottom line. This undermines the very Memorial, down under the stairs. I saw does the disclosure of campaign finance essence of our democracy where we a quote that had been posted on the have to do with jobs? It has everything want individual citizens and voters to wall. It said something to the effect of: to do with it because the murky special determine the outcome of the elec- The greatest threat to the success of interests that are out there spending tions, not the monied interests. our Republic is that the citizens have unlimited amounts of corporate money In this process, this was a bipartisan an equal voice. are not spending it because they just effort originally when Congress said: I said that is an interesting quote want to participate in our electoral We don’t want corporate or labor coming from a President in wartime, in process without a purpose. They are money to be spent unlimitedly in Fed- a civil war, dealing with slavery. So I participating because they have a pur- eral elections. We have had continuous asked the ranger: Say, do you know the pose. comments since then. Here is the Re- background of that quote? Because I The purpose is to elect those individ- publican leader, Senator MCCONNELL: was surprised President Lincoln did uals who ultimately will respond to Public disclosure of campaign contribu- not say the biggest threat was the war their agenda, which is an agenda that, tions and spending should be expedited so or slavery or reuniting the sides or pre- in many cases, works against the inter- voters can judge for themselves what is ap- serving the Constitution. But he said: ests of working men and women in this propriate. the citizens’ voice, preserving the citi- country; works against some of the We have changed that view because zens’ voice. very essence of legislation we have all we are trying to do is say: OK, Su- The ranger lit up and said: Yes, actu- passed and signed into law such as preme Court, you are going to allow ally, I do know the background to that. equal pay for equal work; works the money to flow from the corpora- He said: During the civil war, President against the very interests of what we tions. Let us know who is spending it Lincoln was very concerned that the are trying to accomplish on food safety and on whom they are spending it and military contracts that were being let so none of our families will ever get ill for what purpose. Then the voters can by the government were resulting in because of a product that should have judge for themselves what is appro- numerous representatives of companies never made it to their table in the first priate. coming to DC and lobbying intensely place; works against the interests of We have had others as well who are to get those contracts. He was con- those in this country who want to work in the midst of this election process, cerned that voice would drown out the and give a hard day’s work for a fair such as my counterpart Senator voice of the people. day’s wage and at the same time work CORNYN, saying: It is no wonder. It fits right with a in conditions that ensure their safety I think the system needs more trans- President who understood the heart of is preserved and they can go home at parency, so people can more easily reach the genius of American democracy, the end of a long day to their loved their own conclusions. that we are talking about government ones and come home safe and secure— What do we have? Less transparency. by and for the people. those and so many other interests. So So an individual who gives their money Well, Lincoln’s concern about that when we talk about jobs, knowing who to a candidate, they get fully disclosed. conflict of interest is one that should is out there spending money for what A corporation or a special interest or a be magnified many times today in the purpose, particularly for what cor- foreign interest gives money, they can context of Citizens United. Citizens porate purpose, is incredibly important hide behind these shadowy groups. United, that allows unlimited secret to how we create jobs, what do we do in They have great names—Americans for donations and foreign donations to in- terms of working conditions, what do this, Americans for that. The problem fluence the course of American elec- we do in terms of wages, what do we do is, we don’t even know if one of those tions. in terms of equity. This is about jobs. groups that call themselves Americans President Lincoln reminds us the es- It is also about our democracy. for X, Y, or Z is actually an American sence of our Nation, the cause that Since the Supreme Court made its corporation. With the loophole created brought a generation of patriots to decision allowing corporate interests by virtue of allowing foreign corpora- challenge the greatest military power and labor interests to spend money tions to now spend in our elections, it of the 18th century, the idea that has unlimitedly—and, by the way, in doing is the ultimate erosion of our democ- inspired people to leave everything to so also allow the possibility of foreign racy. come to our shores is a government of corporations, many of which are not If Members don’t think they will, let people, by the people, for the people. just private foreign entities, they are me cite a few examples of why they

VerDate Mar 15 2010 02:26 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.005 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE S7308 CONGRESSIONAL RECORD — SENATE September 22, 2010 might. Imagine if BP could go ahead I urge my colleagues to follow the es- They name great names. But who is be- and influence the elections of a whole sence of McCain-Feingold. Senator hind it? host of Senators because they want to MCCAIN and Senator FEINGOLD au- Frankly, we could have a foreign determine what our energy and drilling thored legislation. All of those who country behind that ad if they had a policy is by electing those who ulti- made comments about disclosure, it is subsidiary in America they control. mately share their views. After what time to at least simply disclose. It is That foreign country could very well they have done in the Gulf of Mexico, time to allow the American people to be playing in our elections as we speak after what they refused to do in testi- know who is engaged in this election, with the millions of dollars we see fying before a hearing that I will hold who is spending millions. They are coming into the Senate races. next week about the release of the Pan talking about raising and spending In the Citizens United case, the ma- Am 103 bomber and what role they nearly $300 million. There are 41 days jority of the Court reversed a 100-year- played in lobbying for the release of to the election. We would not know old law and overruled decades of legal that terrorist that killed Americans where it came from, who is giving it, precedent when they decided that cor- they can’t even send a witness to our for what purpose. That is the ultimate porations and labor unions cannot be hearing, do my colleagues think they corruption of our system. restricted from spending unlimited would not be interested in spending I hope my colleagues will vote to pro- amounts in Federal elections because millions to determine who can be sup- ceed. Let’s have the debate and, more they equated any limits with violating portive of what they want? importantly, let’s cast a final vote. free speech. I ask the question in this Do Members believe the Chinese I yield the floor. great country of ours, where we all wouldn’t ultimately make investments The PRESIDING OFFICER. The Sen- have the privilege of living and we all in candidates who continue to espouse ator from California. have the privilege and responsibility of a philosophy that allows jobs to be Mrs. BOXER. Mr. President, I believe voting: Why is it that a nameless, face- offshored? Talk about jobs to be the eloquence of Senator MENENDEZ less entity has more speech than any offshored to countries such as China marks a high point in the debate. I one of our citizens? Why? Because where manufacturing is dirt cheap and don’t know that anyone could have ex- these corporations are worth trillions rights are nonexistent and working pressed what is at stake as well as he of dollars. The average person obvi- conditions virtually don’t exist and the did. I will make a humble attempt to ously has nowhere near it. The average environment is not a question. Do build on what he said. Before he leaves income in our country is about $50,000 Members think it is impossible for that the Chamber, in a country of, by, and for a family now, maybe a little less. to happen? for the people—our country—the people How would that person compete with a Do Members think it is impossible have a right to know who is supporting for Hugo Chavez not to be spending $1 trillion corporation? The Court their Senators, who is opposing their doesn’t seem to care about that, the money here through Citgo and saying: Senators, who is supporting their Mem- Let me support those who support the majority, a slim majority, when they bers of Congress, who is opposing them. equate spending limits with speech. type of views I hold and who will en- That is all we are asking. It is simple. gage in an energy policy that is much What they actually said is that a cor- It is the American way. We do things poration worth trillions gets to have different than I can influence with in the light. It makes us different than Venezuelan oil? much more speech than any one of my other countries. The DISCLOSE Act is Do my colleagues think there are constituents in California or any one essential. I thank my colleague for his those in the corporate sector who have person in the whole United States of been fighting food safety—not all but leadership. America. The decision was astounding. The DISCLOSE Act is a much needed some—who wouldn’t elect those indi- It defies common sense to conclude response to a Supreme Court decision viduals who will ensure that we can’t that corporations or labor unions are in Citizens United which essentially al- have the food safety procedures to citizens in the eyes of the law. lows big money to drown out the voices come into the 21st century so that we I said to my staff: Have you ever of our people. I have always thought can ultimately ensure that our food is called a corporation and asked the cor- safe? No, they would rather have the and believed—and still believe—that poration to go to lunch with you? Cor- ability to do what they do and not have what makes us great is that we try to porations are not people. They are en- to worry about the consequences of have laws that level the playing field tities. How the Court could equate cor- safety to improve the bottom line. so people who are extremely wealthy porations with people is amazing. I could go on and on with examples of don’t have more to say than those of Mr. President, I ask unanimous con- why foreign interests spend well in our modest means. How do we do that in sent for 2 additional minutes, and then elections to dictate policies that ulti- everyday life? We try to have a public I will finish up. And add that— mately would inure to the detriment of school system so we ensure that all Mr. BOND. Mr. President, I do not the American people and to the benefit children get an education. I personally object. Whatever time she needs I hope of their interests. That is what we are am a product of public schools, kinder- will be added on to the time that has fighting against. That is what we are garten through college. Were it not for previously been allotted. I do not want trying to undo in terms of the legisla- that, my family couldn’t afford to send to cut short the comments of my friend tion we are considering, to disclose. me to private schools. How could I from California. What a terrible thing, to disclose. We have ever made it to a decent job, let Mrs. BOXER. That is extremely kind are not even stopping the contributions alone to the Senate? In all of the of my colleague. because the Supreme Court said the things we try to do to try to have a Mr. President, I ask unanimous con- contributions can be made by corpora- safety net for people who are unem- sent to take 5 minutes and to add that tions, but at least let’s know who is ployed, everything we do, it seems to on to Senator BOND’s time. giving them and who they are giving it me has been to ensure we have a thriv- The ACTING PRESIDENT pro tem- to and for what ostensible purpose. ing middle class, that the American pore. Without objection, it is so or- I see a continuing erosion of our de- dream is there for people who work dered. mocracy through the present cir- hard for it. Mrs. BOXER. So the decision was as- cumstances. I see why we can’t get a We don’t want to get to a situation tounding to equate people with cor- vote on the other side of the aisle be- where simply because a corporation porations and unions, on its face. As cause, overwhelmingly, they are re- has, frankly, billions of dollars they Justice Stevens wrote in his dissent: ceiving the benefits of this undisclosed, can spend on campaigns, they can sim- Corporations have no consciences, no be- shadowy money that no one knows ply do it in secret and there is an ad liefs, no feelings, no thoughts, no desires . . . where it comes from, no one knows run against a sitting Senator on either they are not themselves members of ‘‘We the who is giving, for what purposes. Is side of the aisle, and we don’t have any People’’ by whom and for whom our Con- that really the American way? Is that clue who has put that money down. As stitution was established. what the average voter wants to see in Senator MENENDEZ says, they pick We all know corporations are impor- terms of their democracy? I don’t great names: Americans for Justice, tant in our lives and they make enor- think so. Americans for a Better Tomorrow. mous contributions to society, but

VerDate Mar 15 2010 02:26 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.007 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE September 22, 2010 CONGRESSIONAL RECORD — SENATE S7309 they are not people, and their profit where they are filibustering us being ment takeover of health care, which motive keeps them going. That is our able to go to this very commonsense will cost even more, and now their his- system, and that is fine. But all we are bill, the DISCLOSE Act, which many of toric tax increases, the administration saying in this debate over the DIS- my colleagues on the other side have is guilty of using some very fuzzy CLOSE Act is, if a corporation or a supported in the past—simple disclo- math. union is going to take out an ad sure, transparency. I could read you Last week, the President took to the against a Senator or for a Senator, or chapter and verse of my colleagues on airwaves and claimed he ‘‘opposes tax against a challenger or for a chal- the other side who were filibustering cuts for millionaires’’—a statement he lenger, that they simply stand up and the DISCLOSE Act in the past saying: repeated in Ohio as well. But the Presi- say—that is, the CEO of the corpora- We want transparency. dent’s plan to increase taxes is on any tion: I am Mr. Smith, and I approved So I think this is a pretty open and individual earning $200,000 or more or this message. shut case. The American people have a any couple earning $250,000 or more. I When I make a commercial or any of right to know who is influencing their do not know who the President is talk- my colleagues or any of our chal- elections. Just have these corporate ex- ing to, but I do not know any Missouri lengers, they need to do that. You will ecutives, these union executives stand families with two working people mak- see that on every commercial: I am so up and say: I am so and so, and I sup- ing $250,000 a year who consider them- and so, and I approved this message. port this message, and I paid for it. selves millionaires. In fact, these Mis- So all we are saying is, level the With that, I am happy to yield the souri families would be surprised that playing field—at least that. We need to floor with great thanks to my col- the President lumps them in the same do a lot more to fix this Supreme Court league for allowing me the opportunity category as George Soros, Warren decision, but at minimum let’s have to complete my remarks. Buffett, and Bill Gates. In fact, the tax on these ‘‘rich’’ peo- disclosure. The Fortune 100 companies Thank you very much. I yield the ple, as the President calls them, is a had combined revenues of $13.1 trillion floor. tax increase on small businesses. Under during the 2007–2008 election cycle. The ACTING PRESIDENT pro tem- pore. The Senator from Missouri. the President’s tax increase plan, half They had those revenues. If they de- of all small business income would be voted just 1 percent of that—1 percent f affected, and the President’s tax in- of that—it would double the federally TAX INCREASES crease plan would affect up to 25 per- reported disbursements of all American Mr. BOND. Mr. President, this morn- cent of all American workers. They are political parties and PACs combined. I ing, all across America families are employed by those small businesses, think we cannot allow our electoral struggling to make ends meet. Their and they certainly will be affected. process to be dominated by the special incomes are stagnant, but the cost of According to the Wall Street Jour- interests. living keeps rising and the tax burden nal’s September 9 article entitled ‘‘The So all we are saying in the DIS- they face at the Federal, State, and Small Business Tax Hike and the 3 per- CLOSE Act is, stand up and be count- local level keeps getting worse—and cent Fallacy,’’ IRS data shows that 48 ed. Let us know who you are. We have they are threatening to go higher. percent of the net income of sole pro- to know who you are. Do not hide be- Just as troubling, today’s ongoing prietorships, partnerships, and S cor- hind some shadowy name of a group. economic uncertainty is crippling job porations reported on tax returns went Again, these names are all very nice: creation and hurting small busi- to households with incomes over Americans for this and Americans for nesses—the real engines of growth in $200,000 a year in 2007. that. Let us know who you are. That is our country. Some of our small busi- It is very clear we are talking about all we are saying. nesses have told me it is not uncer- small businesses that have a much This is a government of, by, and for tainty, it is the certainty that they broader impact than just 3 percent of the people. The people have a right to know what the Federal Government all taxpayers, as the spin we hear from know who is contributing to us, to our has already done in the health care bill the White House puts it. opponents, and it is very simple. this body, unfortunately, passed. This plan to increase taxes defies There could be foreign influence But what is the answer from Wash- common sense. At a time when we need here, again I would say. In our bill, we ington to this situation? More job-kill- small businesses to expand and to cre- basically say no foreign influence. If ing taxes. ate jobs, President Obama plans on you are a domestic corporation who is Let me be very clear: The last thing raising their taxes. Imagine that. When controlled by a foreign country or a we should be doing in this difficult jobs should be our top priority, with foreign corporation—say if China, say economy is raising taxes on American unemployment near 10 percent, this in Venezuela, say anywhere; pick your families and small businesses. It is a Congress and the President are pro- country—you cannot take an ad. This recipe for disaster. I do not think any- posing a historic job-killing tax in- is America. We ought to know who is one believes raising taxes on somebody crease. contributing these huge, enormous in a recession is a good idea, particu- Bear in mind, according to the Small sums. We ought to know who they are. larly on the very small businesses we Business Administration, small busi- Our voters ought to know who they need to hire more workers and get the nesses employ half of all private sector are. The American people deserve noth- economy back on track. But unless employees. They generated 65 percent ing less. Congress acts before the end of this or 9.8 million of the 15 million net new So I would hope when we take up this year, that is exactly what will happen. jobs produced over the past 17 years. vote again, there will be no more fili- This is not a Republican or Demo- They produce 13 times more patents busters over this issue. I have never cratic issue, which is why 31 House per employee than large patenting seen so many filibusters. I have been Democrats have recently written the firms. here a while. Let’s go to this legisla- Speaker of the House urging her to act The President has actually been very tion. Let’s hear the other side defend now to stop the tax increases on the clear about his intensions for addi- why they think foreign countries or American people. As these 31 Demo- tional revenue raised by tax increases. foreign corporations should be able to crats said, defying their leadership, As a matter of fact, on September 8, in play in our elections. Let them defend raising taxes now could ‘‘negatively Parma, OH, the President repeatedly it if they want to. That is fine. That is impact economic growth.’’ Obviously, said: fair. I am sure they will come up with that would affect jobs. I’ve got a whole bunch of better ways to reasons. Instead of listening to the American spend the money. But yesterday we could not go to the people, and even those members of his Well, Mr. President, I strongly dis- military bill. It has a pay raise for our own party, President Obama is trying agree. As Milton Friedman once fa- soldiers. That is put on hold because to convince our Nation that the largest mously said: people did not want to vote on the tax increase in history will not hurt Nobody spends somebody else’s money as DREAM Act. They did not want to de- them. wisely as they spend their own. bate don’t ask, don’t tell. I do not un- Whether it is justifying their failed I think we have all seen proof of this derstand it. Now we have a situation trillion-dollar stimulus bill or govern- over the past 21 months, and it is not

VerDate Mar 15 2010 02:33 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.009 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE S7310 CONGRESSIONAL RECORD — SENATE September 22, 2010 working. The nearly trillion-dollar the government reach into their pock- at almost 10 percent. More than 3 mil- stimulus plan that was supposed to cre- ets and take more money. lion Americans have lost their jobs ate jobs immediately and keep unem- On the estate tax, death should not since February of 2009, and more have ployment below 8 percent failed, and be a taxable event. There should not be quit looking or are underemployed. now our children and our children’s taxation without respiration. One of the best ways to help our children are stuck with the bill that The death tax hurts small, family- economy and end the uncertainty that will be on their credit cards for a long owned businesses, especially our family is crippling job creation is to stop the time. But now the administration is farmers. According to the Farm Bu- coming tax hikes. In addition to help- pushing for even more tax increases in reau, individuals, family partnerships, ing small businesses, stopping the com- order to finance their massive spending or family corporations own 98 percent ing tax hikes would let Americans keep spree. of our Nation’s 2 million farms and more of their paychecks that they can Each time I return home, I am re- ranches. save and invest. Our citizens know how minded of the anger and the distrust When faced with the death tax, farm- to spend their money better than any that my constituents have for Wash- ers and ranchers are in an especially government bureaucrat. ington. The people of my State are tough spot with most of their assets We have tried it with the government angry. They are on fire. They have tied up in land and buildings, livestock money. We have tried it with the gov- every right to be. The people in Mis- and equipment. This gives them little ernment stimulus. The government souri know that additional tax revenue flexibility when settling an estate. Un- stimulus stimulated the expansion of generated from their hard work will like an investor with a stock portfolio, government. That is not productive. not be used to pay down our national they can’t simply sell off the stock and Let’s try it the other way. Let’s go debt but, instead, it will be used for move on. back to what we used to do in this more spending they do not want and The death tax punishes the American country and let the private sector work the country cannot afford. The people dream, making it virtually impossible and develop useful products and serv- in Missouri know they cannot afford for the American family to build ices, sell those products, gain a profit, these tax increases. They want to keep wealth across generations, and this is and hire more workers. It is time this more of their hard-earned paychecks so particularly true for family farms. Congress acts, and I hope they will act they can support their families. The death tax is antisavings, soon. On dividends and capital gains, the antifamily, and anti-investment. Quite I thank the Chair and I yield the administration believes that taxes simply, it is un-American, and it floor. The ACTING PRESIDENT pro tem- should go up. They also believe these should be eliminated, or at least it pore. The Senator from Nebraska. two types of taxes on investment should be reduced. should be treated differently, with divi- Sadly, because of the Senate’s failure f dends being taxed as high as nearly 40 to repeal this tax, I have signed on to TAX POLICY percent. the next best alternative—a bipartisan Mr. JOHANNS. Mr. President, I rise Higher taxes on investment income bill introduced by Senators LINCOLN today to speak about something that is will halt new investment and force and KYL which would increase the ex- enormously important, and that is tax these investors with much needed cap- emption for families to $5 million from policy and the economy. ital on to the sidelines. If you tax the $3.5 million under the previous law. Over the most recent break, I had the something, you get less of it. If you re- Under the President’s plan, when you opportunity to go out across the State duce taxes, you get more of it. die, your estate will be taxed at a of Nebraska. I traveled throughout the But since Congress passed the 2,000- whopping 55 percent for assets above $1 State and I conducted 14 townhall plus page regulatory overreach bill this million. The Kyl-Lincoln bill I am co- meetings. I listened to a lot of con- year, we have seen a drop in capital sponsoring would reduce this rate to 35 cerns, but there was one issue that formation, and tax increases will only percent for assets above the $5 million dominated all of the discussion and continue to discourage private produc- exception. that was the state of our Nation’s econ- tive capital formation in the non- Why is this important? Let me talk omy. Nebraskans, like all Americans, governmental private sector. about farm country, where I live. Ev- are wondering when the economy will The looming tax increases will raise erybody knows that a successfully op- turn around. They are wondering when the price of capital and make lending erated family-owned grain or corn or this administration is going to actu- much more expensive than it would be soybean farm is likely to have $1 mil- ally take action to support job creators if we had properly reined in the bad ac- lion worth of land and likely more than instead of just talking about it. tors and allowed the lending system to $1 million worth of farm equipment so A recent CNN poll shows that 57 per- revert to practices based on credit- they can be a productive farmer in the cent of Americans disapprove of the worthiness, which means it will be world competitive economy. The Presi- President’s handling of the economy. even harder for our small businesses to dent’s plan would force these family The President’s job agenda to date has get the lending, borrow what they need farms to close rather than pass to the simply failed to produce the results to continue to meet their payrolls, con- next generation of family farmers. that were promised. tinue to employ workers, and keep I say to my colleagues, unless Con- Take a look at the economic stim- their lights on. gress acts now, in less than 100 days ulus that cost taxpayers $862 billion— Dividends are payments made to Americans will be hit with the largest $1 trillion if you add interest—and it shareholders by a profitable firm. They tax hike in our Nation’s history. That has come up short. Instead of more are the owners of the firm. Many of the is why I have joined with Senators government spending that fails to cre- folks who receive dividend income are MCCONNELL, GRASSLEY, and others to ate jobs, we need to create a progrowth not multimillion-dollar investors but, stop these tax hikes, cosponsoring the environment that fosters job creation rather, many of them are seniors who Tax Hike Prevention Act. This bill pre- that is so desperately needed in every rely on this as a supplement to their vents the tax hikes scheduled for next part of this great Nation. In order to do retirement income. We should not raise year, permanently passes the alter- so, we must first and foremost give in- taxes on seniors who rely on this in- native minimum tax, and protects fam- dividuals and businesses some degree of come. ilies from increased death taxes. certainty about the future. Unfortu- Recently, I heard from a utility in For most Americans across the Na- nately, the health care bill and the fi- my State that came in and talked tion, recovery is what we desperately nancial bill are doing exactly the oppo- about the increased dividend tax and need. We need it in my State and we site. Businesses are actually fearful of the concern as to what it would do to need it in every State. Small busi- the regulatory environment and the their shareholders. Many of their in- nesses are not hiring new workers or list of pending tax hikes, causing them vestors are senior citizens who are by expanding. It is not just the uncer- to wait out the anxiety and stay on the no means rich and who live off of this tainty; it is the certainty of what the sidelines. income every day. They do not want to Federal Government is doing to them. The National Federation of Inde- have, and they cannot afford to have, Also, unemployment has been hovering pendent Business describes it this way:

VerDate Mar 15 2010 02:26 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.010 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE September 22, 2010 CONGRESSIONAL RECORD — SENATE S7311 Uncertainty about the economy and loom- report income above $200,000. We rely The American people are no longer ing tax hikes have kept this sector from hir- heavily on these small businesses to willing to accept empty words at face ing new workers, resulting in a weak eco- use that capital to create jobs to boost value. They want to see policies that nomic recovery and slow to nonexistent job our economy. match promises. Fortunately, it is not growth. Over the past 15 years, small busi- too late. This administration and this But the NFIB doesn’t stop there. nesses have been responsible for gener- Congress still have an opportunity to They further describe this: ating—get this—64 percent of all of our make good on their promises to small Congress can take an important step to ad- new jobs. Under the administration’s businesses, to those working families, dress the uncertainty by holding a vote and proposal, the Joint Committee on Tax- but it will mean taking action to pre- passing legislation extending all of the expir- ation estimates that nearly 750,000 tax- vent a massive tax hike on January 1, ing tax rates. No small business owner payers with small business income will should face higher taxes. 2011. be hit with a tax increase 100 days from I ask all of my colleagues to show At a time when Americans are strug- today. I don’t get it. I can’t fathom they are willing to work together to gling in their businesses to meet next why we would raise taxes on job cre- fulfill their promises to small busi- month’s payroll, they don’t need more ators when we are facing record unem- nesses. Let’s deliver on those promises uncertainty from Washington. What ployment and a sputtering economy. to provide stability instead of uncer- they need are assurances from their It is not just small businesses. It is tainty. Let’s work together to prevent also family farms and ranches that government that there will be no more a huge tax hike on our job creators in would be caught up in the net of this taxes or unnecessary regulatory bur- 100 days. dens piled on top of them at a time massive tax increase. Suddenly, they The American people—hard-working would all find themselves classified as when their plates are already over- families—deserve no less. flowing. the ‘‘rich’’ people this administration I yield the floor and suggest the ab- Even White House economic adviser claims are the only ones impacted by sence of a quorum. Larry Summers recently acknowledged this foolhardy policy. The PRESIDING OFFICER (Mr. It is unfair and unwise policy I am the importance of providing businesses BURRIS). The clerk will call the roll. speaking about. What our small busi- with certainty about the future. He The assistant legislative clerk pro- nesses, farms, and ranches need now is said something actually quite pro- ceeded to call the roll. a stable economic environment, not found: Mr. BROWN of Ohio. Mr. President, I tax increases from their government. It Confidence is the cheapest form of stim- ask unanimous consent that the order is time for government to stop sup- ulus, and we’ve got to be very attentive to for the quorum call be rescinded. pressing businesses and give them a creating an economic environment in which The PRESIDING OFFICER. Without chance to grow in a certain environ- there is confidence. objection, it is so ordered. ment—to expand, create jobs, to buy I agree with him. f One way to help eliminate this uncer- new equipment—because that is what tainty and bring confidence back to the will fuel job growth in this Nation. Our THE DISCLOSE ACT economy is to continue the current tax small businesses are the heart of our Mr. BROWN of Ohio. Mr. President, rates. Failing to do so will only cause economy. We need to give them the op- just yesterday, the Columbus Dispatch, further uncertainty and inadequate portunity to move our economy for- the second largest paper in my State, growth. Most alarmingly, letting these ward, not be stifled by government reported that one single Cincinnati- tax rates increase will result in the policies. based corporation gave more than The original intent of the tax cuts largest tax hike in American history. $450,000 to ’s outfit. Lest we when instituted nearly 10 years ago Let me repeat that: One hundred days forget, Karl Rove was the very political was to free up capital for these entities from today, the largest tax hike in his- person in the Bush administration who to grow, to hire, and to produce. In tory will take effect, unless Congress was sort of the mastermind of dirty fact, in 2007, once these tax breaks had acts. tricks and of raising tons of special in- taken effect, our tax collections Considering the state of our econ- achieved an all-time high in this Na- terest money and the mastermind on a omy, with a lackluster growth rate of tion. Let me repeat that. In 2007, once lot of the sort of, shall we say, 1.6 percent and unemployment at 9.6 these tax rates took effect—they were disinformation coming out of the percent, with real unemployment in fully in place—our tax collections White House in the Bush years during the double digits, tax increases are the achieved an all-time high. The reason the lead-up to the —that Karl last thing Americans need. Tax in- is obvious. When you have people work- Rove. Again, the Columbus Dispatch creases are the last thing our job cre- ing, they pay taxes, they add to the reported that one single Cincinnati- ators need. economy, they fuel economic growth. based corporation gave more than It is no surprise that businesses The bottom line is that tax breaks $450,000 to Karl Rove’s outfit to support aren’t willing to take the chance to ex- help to get our economy moving which, advertising for one single Ohio Senate pand and to hire. We keep hearing the in turn, generates revenues. We saw it candidate. President and his administration tell in 2007. Even Christina Romer, the That was reported from a generally businesses to create jobs, to get off the former chairwoman of the President’s conservative newspaper. The Columbus sidelines. We keep hearing the Presi- Council of Economic Advisers, recently Dispatch is no friend of Democrats. dent say that. Meanwhile, the same ad- published some research on tax policy. They are a pretty Republican organiza- ministration has increased taxes, im- I am quoting: tion, although the reporters are fair- posed mandates, created uncertainty, Tax cuts have very large and persistent minded. So one corporation sent and now is willing to allow this mas- positive output effects. $450,000 to one single Senate candidate. sive historic tax increase to hammer In contrast, she wrote: That corporation can do that because our job creators. It simply makes no Tax increases appear to have a very large, of the Roberts Court decision—the Su- sense. Why would an administration sustained, and highly significant negative preme Court decision, with its new ul- that is supposedly committed to small impact on output. traconservative Court, which is per- businesses try to take more of their I couldn’t agree more. haps more conservative than any Court money while at the same time urging Standing idly by while taxes sky- in the 21st or 20th centuries, in a case them to spend more money on expand- rocket at the end of this year, in 100 called Citizens United. It is an outright ing and creating jobs? Maybe it is be- days, will—and it is very predictable— corruption of our democratic process. cause they claim that only rich Ameri- have a chilling effect on American But with the Citizens United case, it is cans—rich Americans—would be im- businesses and, therefore, hard-work- a reality. pacted. ing families. It is time that the actions The Supreme Court opened the flood- As small business owners across the of this administration and this Con- gates, allowing multinational, large country can tell us, this is simply a gress match the promises being made corporations to bankroll their favorite false notion. Many small business own- about creating an environment that political candidates and build a Con- ers file as individuals and, therefore, fosters growth instead of hindering it. gress in their image. They don’t have

VerDate Mar 15 2010 02:26 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.011 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE S7312 CONGRESSIONAL RECORD — SENATE September 22, 2010 to be American; they can be foreign ability to influence—ability to exercise company engages in political activity, corporations. It is not like the drug their free speech—to that of a multi- that company should be willing to companies, oil companies, and insur- million-dollar Fortune 500 company? identify itself—but not the way the ance companies don’t have enough Look how that plays out. In 2009, cor- Citizens United case is. That means the power in Washington, DC. When they porations spent $3.3 billion lobbying DISCLOSE Act would make CEOs do sneeze, too many people around here Congress to influence legislation, ex- what political candidates do when they get a cold. When the drug companies, erting far more influence on our polit- pay for political advertising. insurance companies, and the oil indus- ical process than they should. When I ran for office, as I did in 2006 try—these large corporations—want We saw how special interests spent for the Senate, I looked into the cam- something, far too often they are suc- more than $1 million a day in an at- era and said: This ad was paid for by cessful in the Halls of Congress. That is tempt to shape health care reform and friends of SHERROD BROWN, so people the reason we have seen the obstruc- Wall Street reform, and because of would know I am responsible for this tion in the last year and a half. That is Citizens United they will be able to ad. Why shouldn’t a corporation that why it is so easy for Leader MCCON- spend unlimited amounts of money to writes a check for $1 million to a polit- NELL to get 41 Republicans to oppose intimidate, retaliate against, and re- ical organization—why shouldn’t that what we are trying to do in this body— place their foes in Congress. CEO be willing to and be told to and be because of the influence of these drug If you speak up, as I am doing now at forced to and be compelled to under companies, insurance companies, the some risk—I am on the ballot in 2012. I law stand in front of the camera and oil industry, and others—these huge know what this crowd is going to do say: This ad was paid for by XYZ Cor- companies that outsource jobs. because I do not always agree with poration. I take responsibility, and I The Supreme Court is made up of al- BP’s agenda or the drug companies’ am the CEO. agenda. In fact, I usually do not. I also most all conservative appointees—a It helps the public follow the money know these companies already have so majority of them—backed by these behind the multimillion dollars that much influence lobbying the Congress major moneyed corporate interests, buy ads from shadowy groups. If BP day after day, and now they are going and this Court has given even more were to give $1 million to a political to have greater influence in electing power to these corporations. In some candidate in Ohio or Pennsylvania and their allies to the House of Representa- cases, they said they can be foreign- nobody really knows it is a BP ad that tives and the Senate. They have turned based corporations. has gone into this group, then the vot- this advantage into a corporate monop- In Citizens United, the Supreme ers do not have any way of judging oly of political speech. Court swept aside decades’ worth of es- very much from that ad. But if the tablished jurisprudence to abruptly— When campaigns overwhelmingly are run on television now, with millions of CEO of BP had to walk out in front of and radically—change the rules of the that camera and say: I am the CEO of game to remake, if you will, our demo- dollars spent—at least $10 million will be spent in Ohio in the Senate race, BP, and I paid for this ad, that is going cratic system. The Roberts Court to send a message to voters: Do I want couched their activism in arguments probably more than that in the Gov- ernor’s race—when there is that kind to support this candidate BP is sup- about the first amendment. porting? But, instead, BP can get be- I am not a constitutional lawyer; in of money, it too often drowns out ev- hind the desk and hide from disclosure. fact, I am not a lawyer at all. When I eryday Americans’ free speech. hear: Should General Motors or should Most Americans today do not advo- I have heard people in this body—the Pfizer drug company or should any cate for, nor would the Framers have Republican leader most prominently— large corporation have the same free envisioned a democratic system in argue ad nauseam on campaign finance speech rights as individual Americans, which $10 million contributions from laws that we need full disclosure, we I don’t think so. The Founders never corporations drown out $20 donations need the sunlight to shine. This is his thought about corporations having all that represent real people’s real con- opportunity to step up and argue for the same first amendment free speech cerns. A lot of people give me $10, $20, full disclosure and go down to that well rights as individuals, as the pages sit- or $50 for my campaign. They are not and cast a vote: Yes, I agree with full ting here do or as Americans in Toledo, trying to buy influence. They do not disclosure. Akron, and everywhere do by nature of buy influence with that. They con- They are not doing it now. Do you the fact they are American citizens. tribute to me and the Senator from Il- know why? So far, not one Republican They have free speech rights. linois and others because they agree has been willing to walk out here and The Roberts Court decision said we with what I do. They like the positions make a CEO say: I am responsible for are going to give free speech rights to I take. They think I represent them this ad. My corporation paid for this corporations in every way, which reasonably well. But they are not going ad. They are not willing to because Re- means the free speech of an individual to influence the system. Contrast that publicans really know that come elec- American is washed away, in political with this more than $400,000 donation tion time, when multinational corpora- terms, because of the huge influence to one political candidate from one tions are willing to write million-dol- that a small number of corporations corporation. What does that suggest lar checks, they are going to be the can have because they have so much might happen down the road? beneficiary—not that my party by a money to inject into the political sys- Our democracy was once—I hope still long shot is perfect, but we know that tem. is—on the power of a single person Republican candidates are almost al- Citizens United, therefore, buries the walking into a voting booth and cast- ways supported by the biggest multi- voices of everyday Americans, as For- ing a vote. It is based on individual national, often foreign corporations in tune 500 companies straddle the globe rights, not corporate profits. But the this country—the big oil companies, and reap billions in profits, and they Citizens United case gave corporations the big insurance companies, the big can take just pennies on the dollar and the power to put corporate profits drug companies—that already have too lavish huge dollars on American cam- squarely ahead of personal rights. That much power here, but they are going to paigns. If a multibillion-dollar com- is why the legislation we are working have more power here because they are pany drops $1 million to help a can- on, the DISCLOSE Act, is so impor- spending all this money to elect con- didate—as we are seeing with Rove’s tant. I guess that is why Republicans servative, Republican, pro-corporate, sort of sordid political operation—that en masse seem to be opposing the DIS- at-any-cost candidates. What that is not very much money to that com- CLOSE Act. means is higher taxes for individuals as pany. But that $1 million certainly can The DISCLOSE Act fights back by corporations pay less—less corporate wash away and so much counteract a giving individual Americans more responsibility for deregulation of Wall bunch of American citizens in Mans- power to understand, to cast sunlight Street and the environment. Look at field, Lima, Springfield, and Zanes- into the shadows of corporate political what happened to Wall Street in the ville, OH, who are giving $20 each. spending. It grants citizens power of in- last 3 years. Look at what happened to Average households are struggling to formation—information that breeds ac- the environment with BP. The merry- break even. How can you compare their countability and transparency. If a go-round will continue.

VerDate Mar 15 2010 02:26 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.012 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE September 22, 2010 CONGRESSIONAL RECORD — SENATE S7313 The DISCLOSE Act also has a provi- contributions. By enabling Americans 1 billion Chinese consumers, so those sion that says political decisions can- to see behind the curtain, the DIS- consumers could purchase American- not be influenced by foreign-owned CLOSE Act ensures Americans will not made products. They wanted access to companies. We are putting a prohibi- be left in the dark. 1 billion Chinese consumers. It sounded tion in this bill that a foreign-owned The bill restores some of the integ- pretty good. As you know, it was not company cannot come to America and rity and the transparency that the quite the story because as soon as buy elections. I am incredulous that Citizens United decision stripped from PNTR passed, as soon as they changed my Republican opponents—who always our political process. Let’s not forsake the rule, the story became not 1 billion talk about nationalism, always chal- this opportunity. I know it will not af- Chinese consumers about whom they lenge patriotism of people with whom fect the tens of millions of dollars Karl were excited, it was 1 billion Chinese they do not agree, always are talking Rove and his friends in the Bush ad- workers about whom they were ex- about our national interests, always ministration are spending in cam- cited. You could see American compa- bashing immigrants—would not agree paigns this year, but if we do this bill nies crossing the ocean—shutting down with us that foreign companies ought right, it can affect elections in the fu- a plant in Dayton, OH, and moving to not be able to come in and buy Amer- ture in a positive way so that elec- China; shutting down a plant in ican elections. I guess that is OK to tions, one, will be made in America; Youngstown, OH, and moving to them too, because our bill says foreign- and second, for people who give money, Shanghai; shutting down a plant in To- owned corporations may not partici- there will be transparency and disclo- ledo, OH, and moving to Wuhan; shut- pate in American elections in this way. sure so the public knows which cor- ting down a plant in Lima, OH, and To me, it is bad enough that a com- porations are putting how much money moving to Beijing or Quang Chau. pany based in the United States—this into whose campaigns, and it will mean I think it is the first time since colo- is the case where a company that is ultimately that corporations take re- nial days—maybe ever—the first time based in the United States but owned sponsibility for the decisions they when a business plan—get this—when a by a European interest can still con- make and the money they spend in the company’s business plan is this: The tribute. That is what the Citizens American political system. It is what first thing you do is lobby Congress to United case said. We are saying no to the rest of us have to do. CEOs should change the rules. The second thing you that. Think of a U.S.-based, Chinese- have to do the same. do is start to shut down plants in your owned company spending millions to Mr. President, I yield the floor and home country with your home coun- influence a trade or manufacturing suggest the absence of a quorum. try’s workers, where your entire com- bill. The assistant legislative clerk pro- pany was established and grew. You One of the things I fought for—and I ceeded to call the roll. have shut down production in your know the Presiding Officer agrees with Mr. BROWN of Ohio. Mr. President, I country. You move several thousand this, and it has been supported—is ask unanimous consent that the order miles away, set up production, under- made-in-America provisions. We have for the quorum call be rescinded. standing that the workers work more seen in downstate Illinois, in suburban The PRESIDING OFFICER. Without cheaply, the workers work for less pay, Chicago, in Dayton and Springfield, objection, it is so ordered. the country does not have strong envi- OH, Cleveland and Toledo, a significant f ronmental rules and has very few pro- erosion of our manufacturing base. One tections for workers. of the reasons for that is that compa- CHINA PNTR They make the product, and then nies have moved offshore because of Mr. BROWN of Ohio. Mr. President, I they sell the product back to the home bad trade agreements and bad tax law wish to mention something else after country. This business model, after that we are trying to fix even though it talking about the, perhaps, Chinese in- getting the law changed—PNTR—10 has been blocked by the other side. We fluence on American elections and years ago this month, was to move also know most Americans would love other countries’ influence on American overseas, make the products there, to buy clothes made in the United elections and how Republicans do not then sell them back to the original States, would like to buy products. seem to want to stand up for the Amer- home country. That is bad for the envi- They go to stores and cannot find prod- ican people’s first amendment rights ronment, first of all. It is bad for our ucts made in the USA. Tell me that a and national interests. I wish to talk workers and bad for our communities foreign-owned corporation that spends about something that is more bipar- when a plant shuts down. political money, comes in and gives tisan, in a sense, and is every bit more Look what has happened. We have hundreds of thousands of dollars to a disturbing; that is, 10 years ago this seen since PNTR passed a 170-percent conservative political candidate, tell month, the Senate sold out American trade deficit increase in the last 10 me that corporation is not going to manufacturing. Ten years ago this years. China continues to undermine lobby that Member of Congress against month, by a vote of 83 to 15, the Senate free market competition, and it leaves some of our made-in-America laws we passed a bill establishing permanent American workers and manufacturers have tried to enact. You can bet those normal trade relations with the Peo- in severe disadvantage. Instead of help- conservative politicians who love to ple’s Republic of China. I remember. I ing U.S. companies export more prod- trumpet their patriotism and accuse was in the House of Representatives, ucts to China, our trade policies have others who disagree of not being so pa- and I opposed this measure. We were permitted China to manipulate its cur- triotic will find a way to oppose joined by most of the Democrats and a rency, provide illegal subsidies to Chi- strengthening made-in-America rules. number of Republicans, but we were nese exporters, and artificially price If anything should bear the label unable to defeat it. It was a fairly close Chinese goods, so U.S. manufacturers ‘‘Made in America,’’ it should be our vote. have to compete against a flood of elections. I am amazed that Repub- The proponents of China PNTR came cheap imports. licans in this body do not agree with to our office, the people who wanted to Do you know what happens? When I that. give these extra benefits to China. It see people supporting this—people It used to be that the disclosure of was initially called most-favored-na- talking about small businesses—here is campaign expenditures was bipartisan, tion status for China. The supporters how wrong they are. When a large com- Republicans and Democrats. It is bipar- thought that did not sound very good, pany leaves Akron or Canton, OH, and tisan in the public; it is just not bipar- even though we had used that term for pulls up stakes and moves to Mexico or tisan here. We should not want to see years, and called it permanent normal China—a large assembly company, an our democratic system become the trade relations with China. They put auto plant, for example—you know puppet of corporate America or any another name on it; they put lipstick what happens to all the small compa- special interest. Transparency matters. on that pig. What the supporters said nies and small manufacturers. They People ought to know from where these to us—the CEOs who came to Congress don’t have the wherewithal or the so- dollars come. Disclosure matters. Com- and one at a time talked to us—was phistication to move to China or Mex- panies should have to disclose and take that they could not wait to pass PNTR ico so they lose 30 percent of their busi- responsibility for those ads and those because they would then have access to ness—a little tool and die shop in

VerDate Mar 15 2010 02:26 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.013 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE S7314 CONGRESSIONAL RECORD — SENATE September 22, 2010 Akron, a little machine shop in Ham- more, sell more U.S. products abroad, not just the big corporations that move ilton, OH, whatever—because they have we have to enforce U.S. trade laws so companies to China, and not just for lost their major customer. Look what those companies aren’t selling things the Chinese Communist Party and the happens to them and to their workers. into our country illegally. Chinese military, which have bene- So big companies move overseas and President Obama has done that, to fitted greatly from our trade policy. It all the component manufacturers are some degree. He has done more on that is time to learn from the last 10 years out of luck, all because of this trade than any previous President. He has and to move forward in a very different policy and this tax policy which makes not done close to enough. He has way. it more attractive for a company and a stepped forward on oil country tubular Mr. President, I yield the floor, and I CEO—well, the CEO doesn’t move, he steel goods, which is the steel pipes suggest the absence of a quorum. or she still lives here—to move their that are used for gas and oil drilling. The PRESIDING OFFICER. The company to China and then sell back The Chinese were cheating on that. clerk will call the roll. into the United States. The President made the right trade de- The assistant legislative clerk pro- Second, our Nation’s trade policy— cision on that, the right enforcement ceeded to call the roll. this PNTR bill that passed 10 years decision. We saw hundreds of new jobs Mr. SESSIONS. Mr. President, I ask ago—sold out American manufacturers in Mahoning Valley, in northeast Ohio. unanimous consent that the order for and undermined our Nation’s ability to The President made a similar decision the quorum call be rescinded. lead the world in clean energy. China, on Chinese tires that were sold in this The PRESIDING OFFICER. Without which barely had a wind turbine or country illegally. After the President objection, it is so ordered. solar manufacturing presence at all a made that decision, 100 people were f decade ago, by the end of this year may hired at the Findlay Cooper tire plant JUDICIAL NOMINATIONS be making, or close to making, half of in Findlay, OH, in northwest Ohio, and all wind turbines and solar panels in in other places around the State. Mr. SESSIONS. Mr. President, I wish the world—in 10 years. And they are I would close with this. We hear a lot to speak about the Senate’s processing not making them—most of them—to of talk from both parties about Made of judicial nominations, and I ask you sell in China but to export, much of in America. What that means is stand- to forgive me if I am a bit irritable, but which comes back to the United ing up for American workers and man- we have had a lot of complaints about States. More than 70 percent of the ufacturers who are too often undercut how fast President Obama’s nomina- world’s clean energy components are by imports made in countries that vio- tions are going forward. I think they manufactured outside the United late the law. We are just asking to are moving rather well. I think some States. have the law enforced. So my challenge people who are now complaining have We know how to make things in my to my colleagues—and to the Presi- forgotten how they handled President State. Ohio is the third biggest manu- dent—is to ensure American manufac- Bush’s nominees—and in a much more facturing State. We know how to make turing grows rather than contracts unacceptable fashion. things. We invented and developed during the next decade of the 21st cen- I wish to emphasize that all of this is most of the wind and solar panel tech- tury. not to lay the groundwork for some nology. In fact, 30 miles from my house Thirty years ago, almost a third of sort of payback, because I think we all is a taxpayer-funded NASA facility our gross domestic product was manu- ought to rise to the challenge of han- that developed the technology we use facturing. Today, it is only 11 percent. dling nominations properly, but to set in wind turbines, most of which is built Thirty years ago, 11 percent of our the record straight, because there has in China and Spain and other places GDP was financial services. Today, been a lot of misinformation and some around the world. that is 25 percent. So as not to over- of our newer Senators don’t know how Supporters of this China trade policy whelm people with numbers, we have things have happened. will make the argument that every- seen basically a flipping of our na- Allegations of unprecedented ob- thing is about exports. I agree, we have tional priorities. Think back to 30 struction and delay have been bandied to boost our exports, but we have a $226 years ago: Almost a third of our GDP about—some in the press also—but the billion trade deficit per year. That is was manufacturing and only 11 percent reality is that the Democrats’ system- about $600 million a day. That means financial services. That has flipped. atic obstruction of judicial nominees $600 million every single day, 7 days a Look where it has gotten us. It has got- during the Bush administration was week. It means we buy $600 million ten us the financial crisis that almost unprecedented then and it is un- more from China than we sell to China. brought our economy down, if we matched now. Soon after President So how do you argue this trade policy hadn’t stepped in on banking and autos Bush was elected, a group of well- is working for us? It means, in essence, to stabilize the economy. It has also known liberal professors—Laurence that $600 million disappears from our robbed many Americans of a chance to Tribe, Marsha Greenberger, and Cass shores every day going to China, and join the middle class, because manufac- Sunstein—met with the Democratic that is not going to work long term for turing has always been the ticket in leadership in the Senate. The New our country when you build up those this country for working-class men and York Times reported on that meeting. types of trade deficits. women to get a chance to work in man- I believe it was in January, before the We can do a couple of things about ufacturing, to buy a decent home in a session began, and the Times reported this. First of all, we have to do much decent neighborhood, to buy a car and that they proposed ‘‘changing the better at enforcing trade laws and to send their kids to school so their kids ground rules’’ of the confirmation proc- revive the Super 301 mechanism that would have a better life. That is the ess. They proposed that with a Repub- lapsed under the Bush administration goal of all of us. lican President and Democrats in the that requires the administration to es- I close by saying that I hope we re- Senate, Senators consider a nominee’s tablish enforcement priorities for the member the China PNTR. I would hope ideology—their personal political most pressing trade barriers, including that maybe we would even invoke some views, I suppose, they meant. For the currency manipulation, restrictive pro- buyer’s remorse; that some of my col- first time in the history of the country, curement policies, and intellectual leagues would come to the Senate floor they proposed that the burden be shift- property theft. It would ensure that and want to discuss this and maybe ed to the nominee to prove they are our government helps open foreign learn from the mistakes of the last 10 worthy of the appointment instead of markets to U.S. exporters. years. Maybe we could achieve a truly having the Senate respect the presump- I am a member of the President’s normal relationship with China. I want tive power of the President to make U.S. Export Council. There are about 10 a good strong trade relationship with the nomination and then object if there House and Senate Members on this China. I want us to sell products to was a disagreement. council—both parties, both Houses— China. I think we should buy products As time went on, it became clear and a number of American CEOs are on from China. But I want to do it on a that a majority of the Democratic the council as well. We all want to ex- level playing field, with rules that Members of the Senate began to exe- port more. But as we try to export work for the workers in both countries, cute their unprecedented obstruction

VerDate Mar 15 2010 02:26 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.016 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE September 22, 2010 CONGRESSIONAL RECORD — SENATE S7315 plan, targeting President Bush’s cir- I remain baffled today as to why such President or his top people. He was re- cuit court nominees while moving dis- a fine nominee was treated so poorly, spected on both sides of the aisle. Yet trict court nominees to mask the ob- his character assassinated, and his he was flatly blocked, although rep- struction. After Democrats took con- nomination was ultimately blocked for resenting the highest quality. trol of the Senate in 2001, the Senate no reason. The record that they claim On October 2, 2007, home State Sen- confirmed only 6 of President Bush’s 25 needed to be produced from the Depart- ators BURR and Dole sent a letter to circuit court nominations that year. ment of Justice was, by every former Senator LEAHY requesting a hearing— Two of the six were prior Clinton nomi- living Solicitor General—they said at least a hearing on Judge Conrad. nees that President Bush had renomi- those are internal lawyer-client docu- They also spoke on his behalf at a press nated as an act of good faith. They ments that should not have been pro- conference on June 19 that featured a weren’t his nominations. He renomi- duced. It was a sad day. I hope the Sen- number of Judge Conrad’s friends and nated them and they promptly con- ate has learned from that unfortunate colleagues who traveled all the way firmed them—two of the six. event. from North Carolina to show their sup- The majority of President Bush’s One of the most blatant examples of port. The request for a hearing was de- first nominees—nominated on May 9, obstruction of Bush nominees occurred nied. 2001—waited years for confirmation. in the Fourth Circuit. This court sat On April 15, 2008, Senators BURR, Let me list some of the names: Pris- one-third vacant. One-third of the Dole, GRAHAM, and DEMINT sent a let- cilla Owen, who was then on the Su- judges had retired, and it was vacant. ter to Senator LEAHY asking for a hear- preme Court of Texas—a brilliant ju- They needed judges. I did not hear any ing on Judge Conrad and Mr. Mat- rist—was confirmed but only after 4 of my Democratic colleagues worrying thews. That request was denied. years, on May 25, 2005. These were in then about vacancies and caseloads Despite overwhelming support and that first group. Now Chief Justice when they were deliberately delaying exceptional qualifications, Judge John Roberts—a fabulous nominee; and blocking outstanding, well-quali- Conrad waited 585 days for a hearing probably—not probably, he was the fied nominees to that court, including that never came. His nomination was premier appellate lawyer in America— Federal District Court Chief Judge returned to the President on January 2, was nominated to the DC Circuit. He Robert Conrad, Judge Glen Conrad, Mr. 2009. That was a horrible event, in my was confirmed, but only after 2 years Steve Matthews, and Mr. Rod Rosen- view. The Senate failed in its duty. and after undergoing two Judiciary stein. They deliberately blocked these Judge Conrad was a powerful, bipar- Committee hearings. He eventually nominees to keep those vacancies open tisan nominee with great credentials was confirmed by a voice vote. so that a Democratic President would and served Attorney General Reno and Jeffrey Sutton, another superb law- perhaps have the opportunity to fill the Democratic President and should yer with great skill in the appellate them. have been confirmed. courts, was confirmed but only 2 years That actually turned out to be a suc- Another of President Bush’s out- later. standing nominees was Judge Glen Deborah Cook, for the Sixth Circuit, cess, from their perspective. A 2007 Washington Post editorial at the time Conrad. He also had the support of his was confirmed 2 years later on May 5, home State Senators, including Demo- 2003. lamented the dire straits of the Fourth cratic Senator JIM WEBB of Virginia, Dennis Shedd was confirmed more Circuit at the time, writing: and received an ABA rating of ‘‘well than a year and a half later. [T]he Senate should act in good faith to fill Michael McConnell, for the 10th Cir- vacancies—not as a favor to the president qualified,’’ the highest rating. He, too, cuit, was confirmed more than a year but out of respect for the residents, busi- met Chairman LEAHY’s standard be- and a half later but also by voice nesses, defendants and victims of crimes in cause he had already been confirmed to vote—he was delayed that long for no the region the Fourth Circuit covers. Two the District Court for the Western Dis- nominees—Mr. Conrad and Mr. Steve A. Mat- reason. trict of Virginia by a unanimous vote— thews—should receive confirmation hearings 89 to nothing. Terrence Boyle waited almost 8 years as soon as possible. until his nomination was allowed to Despite his extensive qualifications, lapse at the end of President Bush’s But they did not. Judge Conrad, who was nominated on Presidency. He was never confirmed. He was the chief presiding trial judge May 8, 2008, waited 240 days for a hear- Perhaps the most disturbing story in a district court, a Federal district ing—just a hearing in the committee— was that of Miguel Estrada, whose court. He was nominated to the seat that never came. His nomination was name was raised during the Supreme for which President Obama’s nominee, returned to the President in 2009, as Court nomination of Justice Kagan. He Judge James Wynn, was confirmed on President Bush left office. In stark con- was an outstanding, highly qualified August 5 of this year. They held that trast, President Obama’s nominee to nominee who was nominated on May 9, seat open for 8 years. Since the Presi- this seat, Judge Barbara Milano Keen- 2001, just like the others, right after dent has been in office, he nominated an, received a hearing a mere 23 days President Bush took office. He waited someone else, and he got his nominee after her nomination and a committee 16 months just for a hearing in the Ju- confirmed by this Senate. vote just 22 days later, and she was diciary Committee, only to be con- Chief Judge Conrad had the support confirmed at the beginning of this fronted with demands that the Depart- of his home State Senators and re- year—a slot that should have been ment of Justice turn over internal ceived an ABA rating of unanimously filled by Mr. Conrad. legal memoranda that had never been ‘‘well qualified,’’ the highest rating President Bush nominated Steve turned over before. They used that for you can get. He met Chairman LEAHY’s Matthews in 2007 to the same seat on 21⁄2 years, leaving him in limbo, and standard for a noncontroversial, con- the Fourth Circuit to which Judge Diaz then had a protracted 6-month fili- sensus nominee. He previously received has now been nominated. Mr. Matthews buster. I think it was the first overt, bipartisan approval by the Judiciary had the support of his home State Sen- direct filibuster of a highly qualified Committee and was unanimously ap- ators and received an ABA rating of nominee the Senate had seen. This was proved by the Senate to be U.S. attor- ‘‘qualified.’’ He was a graduate of Yale one of the ground rule changes that oc- ney and later to be district court judge Law School and had a distinguished ca- curred. There were seven cloture votes for the Western District of North Caro- reer in private practice in South Caro- on Miguel Estrada, seven attempts by lina. Of all the lawyers in the country, lina. the Republicans to produce an up-or- Attorney General Reno, when he was a Despite these qualifications, he wait- down vote on the floor of the Senate on Federal prosecutor, reached out to him ed 485 days for a hearing that never Miguel Estrada. It went on for weeks. I and picked him to preside over the in- came. His nomination was returned to participated in that. I probably spoke vestigation of one of the campaign fi- the President as he was leaving office. on his behalf more than any other Sen- nance task force cases that implicated, That does not seem to slow down my ator. Eventually, Mr. Estrada withdrew perhaps, President Clinton, the Presi- Democratic colleagues who have for- his name from consideration. He had a dent of the United States. He did that gotten all this, I guess, and their allies private law practice to deal with. He investigation professionally. He re- in the press from unabashedly com- could not continue this. turned no indictments against the plaining that Judge Diaz had been

VerDate Mar 15 2010 02:33 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.017 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE S7316 CONGRESSIONAL RECORD — SENATE September 22, 2010 waiting too long for this seat, for a There is a fundamental difference. I whelmingly confirmed, Judge Griffin confirmation vote, or decrying the will talk about that later. I may not by a vote of 95 to 0 and Judge need to rush to fill the vacancy—a va- get to that today, but I am going to McKeague by a vote of 96 to 0. cancy that just has to be filled right talk about it some more. It is a big As these votes show, the nominations now. deal, what you think the role of a judge were not controversial. They were just The truth is that the vacancy should is. Should they be an activist? Should being held up. Yet they still waited never have existed if Mr. Matthews had they promote greater vision, as Presi- over 1,000 days for their confirmation. been confirmed when he was supposed dent Obama said, of what America Judge Susan Nielson received a hearing to have been confirmed. should be? Is that what we want judges on September 8, 2004, over 1,000 days Earlier this year, we confirmed Judge to do? Classically, in America, judges after her original nomination and over Andre Davis to the ‘‘Maryland’’ seat on are empowered to do one thing: to de- 600 days after her renomination. Al- the Fourth Circuit. A brief history of cide the discrete case before them ob- though her nomination was reported that bears mention. President Bush jectively, impartially, under the laws favorably out of committee on October nominated Rod Rosenstein to fill that and Constitution of the United States. 4, 2004, Democrats refused to give her vacancy in 2007. The ABA rated him The Democratic Senators perpetrated an up-or-down vote in the full Senate, unanimously ‘‘well qualified,’’ the similar systematic obstruction in the and her nomination was returned to highest rating. Previously, he had been Sixth Circuit. I hate to say it. I hate to the President. confirmed unanimously as the U.S. at- talk about it. I sound like I am being a He renominated her in 2005, and 7 torney for Maryland. Prior to that, he partisan person over here, complaining. months later the Democratic home held several positions in the Depart- I am just reading the record. State Senators finally returned posi- ment of Justice under both Republican In November of 2001, President Bush tive blue slips, after delaying the nomi- and Democratic administrations. nominated Judges David McKeague, nation for this long. She was easily Despite these stellar qualifications, Susan Neilson, and Henry Saad to fill confirmed 97 to zip, 1,449 days after her Mr. Rosenstein waited 414 days for a vacancies on that court. In June of original nomination. Unfortunately, hearing—just a hearing in the Judici- 2002, he nominated Richard Griffin to Judge Nielson passed away shortly ary Committee, which the Democrats fill an additional Sixth Circuit va- thereafter. never gave him. His nomination was re- cancy. On June 28, 2006, President Bush turned to the President on January 2, Mr. President, I see my time is up. I nominated Stephen Murphy and Ray- don’t see anyone on the floor. I ask 2009. mond Kethledge to fill still more va- The reason given by the home State unanimous consent that I be able to cancies on the Sixth Circuit. However, Senators for why his nomination was proceed. the Democratic home State Senators The PRESIDING OFFICER. Without blocked was that he was ‘‘doing [too] withheld their blue slips, and the nomi- objection, it is so ordered. good [of a] job as U.S. Attorney in Mr. SESSIONS. Mr. President, I will nations were returned to the President. Maryland.’’ I think the Washington yield the floor if and when my col- The President renominated them in Post editorial painted a more accurate leagues seek it. March of 2007. After almost a year of picture, saying: But the Democratic home State Sen- delay, as part of a compromise, Presi- Blocking Mr. Rosenstein’s confirmation ators refused to return their blue slips dent Bush agreed to withdraw Mr. Mur- hearing . . . would elevate ideology and ego for any of these nominees for the Sixth phy’s nomination and to nominate above substance and merit, and it would un- Circuit. President Bush renominated Judge Helene White in his place. In ex- fairly penalize a man who people on both all four on January 2003. This time the change, home State Senators finally sides of this question agree is well qualified returned positive blue slips for Mr. for a judgeship. Democratic home State Senators re- turned their blue slips—negative blue Kethledge. But it was only when President slips, opposing all four nominees. There is a story behind this. Why was Obama nominated Judge Davis to this Despite this, on July 30, 2003, 629 days there so much needless obstruction in seat that we heard our Democratic col- after the initial nomination and 204 the Sixth Circuit? One reason, it ap- leagues express outrage over the fact days after his renomination, the Re- pears, was that the NAACP National that it had been vacant for 9 years. I publican-controlled Judiciary Com- Defense League made a personal re- said that was like the man who com- mittee—Republicans had just taken quest to Democratic Senators on the plained about being an orphan after control—held a hearing on Judge Judiciary Committee that they stall having murdered his parents. Iron- Saad’s nomination. the confirmation of nominees to the ically, however, Judge Davis fared far However, Democrats continued to Sixth Circuit until cases regarding the better than President Bush’s nominees delay the nomination for a year, until constitutionality of affirmative action to the Fourth Circuit. He received a he was finally and favorably reported in higher education were decided. They hearing a mere 27 days after being out of committee on a party-line vote. believed, apparently, that if Bush ap- nominated. A committee vote occurred But it did not matter. The Democrats pointees were confirmed to that cir- 36 days later, and he has been con- filibustered his nomination on the cuit, the outcome of the cases would firmed. floor, and he never received an up-or- not be to their liking. They were afraid Suffice it to say that the Democrats down vote in the Senate. He was fili- President Bush’s judges would be com- have capitalized on their 8 years of ob- bustered, which was a changing of the mitted to color-blind policies. struction of outstanding, well-qualified ground rules. We had not filibustered So this is just one example of a larg- Bush nominees by packing the Fourth judges before in the Senate. All this oc- er agenda. Our Democratic colleagues Circuit Court of Appeals with Obama- curred after 2001. criticized, during the Kagan confirma- picked nominees. President Bush renominated Judge tion hearings, Chief Justice Roberts’ I want to say, parenthetically, Presi- Saad in February 2005, but the Senate metaphor that a judge should act like dent Bush did an excellent job of pick- failed to act on his nomination, and he a neutral umpire in a ball game, call- ing high-quality judicial nominees. was never confirmed. Judges Griffin ing balls and strikes and applying the Consistently, they sought out highly and McKeague eventually received law to the facts. competent men and women of integrity hearings on June 16, 2004, 721 days after No, they seem to want judges who and ability to appoint to the courts, Judge Griffin had been nominated, and will make policy and rule based on people who had this fundamental be- 951 days after Judge McKeague’s origi- their personal policy preferences and lief—that some on the other side do not nal nomination. They were both re- political beliefs to advance desired out- like—that a judge should follow the ported favorably out of committee a comes. law, should be a neutral umpire, and month later, but the Democrats filibus- Well, what is activism? Is this an ex- should not take sides and ought not to tered them on the floor, and their aggeration? I think we need to be frank be an activist and ought not to pro- nominations were returned to the that there are activist judges—and you mote their personal agenda when they President. can be a conservative activist or a lib- get a chance to rule and define the Both were renominated in the 109th eral activist, but there is a difference words of statutes and the Constitution. Congress and were finally and over- in the sense that liberal judges and law

VerDate Mar 15 2010 02:33 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.018 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE September 22, 2010 CONGRESSIONAL RECORD — SENATE S7317 professors and commentators advocate ter, maybe spend more money on it so discussed it at great length. I cannot judges being activists. they can get more tax revenue. imagine how that can be held to be un- Chief Justice Roberts and Justice By one vote, the Supreme Court held constitutional. Alito were articulate spokesmen for it did not violate the first amendment A single judge in the Northern Dis- the classical American view that a for a public university to require a reli- trict of California, the same court to judge should be a neutral umpire and giously oriented student organization which Edward Chen has been nomi- should be impartial and should decide to accept officers and members who do nated, held that a statewide ballot ini- the cases and not try to make law or not subscribe to the organization’s reli- tiative defining marriage—this was a advance a vision for America. gious beliefs. How could they say that? California initiative, statewide, that Many judges, however, are overriding Recently, a judge in the Western Dis- defined marriage as between a man and the will of the people this very day. It trict of Wisconsin, the same district to a woman, which was passed by a major- is becoming apparent that many on the which Louis Butler has been nomi- ity of California voters—violated the left hold the Federal judiciary as an nated, held that the statute estab- due process and equal protection engine to advance the agenda of the lishing the National Day of Prayer was clauses of the fourteenth amendment. left, picking and choosing which con- unconstitutional because its sole pur- The judge decided, essentially by stitutional rights they will protect and pose ‘‘is to encourage all citizens to en- fiat, that the State, the people of Cali- which ones they will cast aside. The gage in prayer.’’ fornia, had no legitimate interest in only consistent principle—of which In so doing, the judge held that the defining marriage. sometimes I think, and I am exag- government had ‘‘taken sides on a mat- Marriage has always been a matter of gerating, but I sometimes think—is to ter that must be left to individual con- State law. A single judge in the central advance the agenda of the leftwing of science.’’ Well, nobody is being made to district of California recently held the Democratic Party. That is about pray. You do not have to bow your Congress’s don’t ask, don’t tell policy the only consistent guiding principle head if someone has a prayer, for heav- was unconstitutional. This is the pol- you can find in some of these opinions. en’s sake. icy on gays in the military. The judge One wonders, then, does this Senate Just a few months ago, the preserva- in the central district of California violate the establishment clause each tion of the explicit constitutional right held that this policy was unconstitu- day when we open the session with a to keep and bear arms was upheld by a tional because it did not ‘‘significantly prayer, most often led by a paid Chap- single vote on the Supreme Court. Four further the government’s interest in lain, former head of the entire Chap- Justices, including Justice Sotomayor, military readiness or unit cohesion.’’ It lain Corps of the United States Mili- contrary to, I think, what she said just was an impermissible content-based re- tary? 1 year earlier in her confirmation hear- There is a constitutional guarantee striction that violated free speech, free ing, would have held that the right to to the right of free exercise of one’s re- association, and the petition clauses of keep and bear arms is different from ligion, the free exercise clause, not the first amendment. other liberties protected by the Bill of found in the first amendment of the I don’t think this judge has any re- Rights and should not apply to the judge’s constitution. sponsibility for or knowledge about States. I will repeat, if other Senators would readiness and unit cohesion in the mili- Hugely significant. If that were to be desire to speak, I will yield the floor. tary. It is a matter Congress appro- so, any State, any city or county, for The liberal Ninth Circuit, to which priately has dealt with, will have the that matter, could ban firearms alto- Professor Goodwin Liu has been nomi- opportunity to deal with again, and gether because the constitutional right nated, held recently that the recitation may well do so, although we did not to keep and bear arms would not apply of the Pledge of Allegiance in an ele- move forward yesterday. to them. Four Justices on the Supreme mentary school was unconstitutional This is not a matter for the courts. Court ruled that way. under the establishment clause of the The American people know this. They During the last term, the free speech first amendment because the pledge in- sense activism in their courts, and clause of the first amendment barely cludes the words ‘‘under God,’’ and they are concerned and unhappy be- escaped being rewritten by a single amounted to a government endorse- cause these judges, once they declare vote in Citizens United. In that case, ment of a religion. something to be constitutional, or find the Supreme Court invalidated a por- One wonders what the Ninth Circuit something in the Constitution, it is as tion of the McCain-Feingold campaign would have to say about teaching chil- if an entire amendment was passed, finance law, holding that political dren the Declaration of Independence. and it becomes impossible for a city or speech is not exempted from the first After all, it does say: ‘‘We hold these county, a State or congressional action amendment guarantee of free speech truths to be self-evident, that all men to overturn it. merely because the speaker’s expres- are created equal, that they are en- These are big issues we have been sion is funded, in part, by money from dowed by their Creator with certain talking about for some time. I do have a corporation, a group of Americans. unalienable Rights.’’ Is that now un- my back up a little bit about being ac- Four Justices on the Supreme Court constitutional, to read the Declaration cused of obstructing, when nominees would have rewritten the free speech of Independence? are moving along at a very good pace clause to allow the government to ban A single judge on the U.S. district today, in my opinion. A few are con- statements made by such groups in an court in Massachusetts recently invali- troversial, and I could talk about election cycle. I mean, the last thing dated the congressionally passed De- them, but I see Senator KERRY in the we need to be doing is whacking away fense of Marriage Act that passed on Chamber now. at the great liberties in free speech this floor. I remember the debate about I believe when we get all the facts clause of the first amendment. it. The judge found it unconstitutional. out, people will remember that many Just a couple years ago, one vote on Basically, what he said is: No State of the changes in the process occurred the Supreme Court decided that a city would have to give full faith and credit as a deliberate plan by the Democratic could use its eminent domain power to to a marriage in another State if it leadership in 2001. take property, to take a woman’s does not meet their definition of mar- I yield the floor. house, in order to give it to a private riage as between a man and a woman. The PRESIDING OFFICER. The Sen- company for a redevelopment project, The judge, in great wisdom, not hav- ator from Massachusetts is recognized. not for public use. So much for the con- ing had to run for office, with a life- f stitutional guarantee of life, liberty time appointment, unaccountable to and property and the constitutional the public in any way, objected, found THE DISCLOSE ACT guarantee that your property can only it to be unconstitutional because it did Mr. KERRY. Mr. President, in the 25 be taken for public use, not private not have ‘‘a legitimate government in- years I have had the privilege of serv- use. You cannot take somebody’s prop- terest’’ and was outside the scope of ing in the Senate, I have regrettably, erty because you would like to take it ‘‘legislative bounds.’’ in the course of almost every election to give to somebody else who would use Well, I remember the debate on that. period, with one brief exception when it in a way that the city thinks is bet- People quoted the Constitution, and we we had the McCain-Feingold bill in

VerDate Mar 15 2010 02:26 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.020 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE S7318 CONGRESSIONAL RECORD — SENATE September 22, 2010 place, seen our system of funding cam- to put $2 million, and the CEO can turn billion already in this cycle. That is paigns become increasingly broken. that money over in its totality to some just the campaign spending. That is The truth is, a lot of the anger the group that is formed to destroy some- the direct money that goes into the American people feel today—right- body’s reputation with a lot of lies, campaigns. fully—for the absence of this Con- just pour the money over. That is it. But last year, special interests spent gress—not just this particular session Total secrecy. We don’t even get to a record of $3.47 billion hiring lobby- but the Congress of the United States know who gave the money. No account- ists. The rest of the country might being able to directly address the con- ability. They just turn the money over have been suffering from a recession, cerns of the American people—a lot of to lobbyists who run the media cam- but it was a great year for K Street in that anger really ought to be directed paigns to help their friends and defeat Washington, a 5-percent increase in at the system itself, at the fact that we their opponents in Congress. We can fees over the previous year. have locked in place funding of cam- have the best Congress. People have al- President Obama’s ‘‘change’’ agenda paigns that robs the American people ways said that money buys people in stirred up so many people who were of their voice, that steals the legit- public life. But this is a step toward going to be opposed to it from the very imacy of our democracy, and con- the greatest certification of that I have beginning—health care, banking regu- centrates decisionmaking in the hands ever seen. It sends a chilling message lation, all the things that have under- of the powerful, individuals with a lot to candidates without means, which is mined Americans in the last years— of money or powerful corporations with most candidates, that they can’t com- they wanted to preserve the status quo. a lot of money. bat the bottomless pocket of a K Street They sat up, and they came up with Money is driving American politics. lobbyist who has some cabal of cor- about $1.3 million spent per minute in Money is driving the American polit- porations that want to pour a bunch of 2009. That is the amount the watchdog ical agenda. Money decides what gets money in to get their special interests group, Center for Responsive Politics, heard and does not get heard around protected. arrived at when they took the $3.47 bil- here, what gets acted on and does not, So American workers in Ohio or Indi- lion that lobbyists collected and di- and how it gets acted on in many cases. ana or any other State who wonder vided it by the number of hours Con- Every so often we have bubbling up a why those jobs went overseas, there is gress was in session in 2009. It comes legitimate kind of citizen energy that a tax benefit that helps those compa- out to $1.3 million per minute spent to motivates one particular reaction here nies actually take those jobs overseas. try to hold on to the status quo. or another, whether it is a tax bill or a Why is that tax benefit there? Why do Now thanks to the Supreme Court, it particular piece of legislation for we have thousands upon thousands of is a lot easier for special interests to fi- women, pay, but it is rare now. It is ac- pages of special interest tax provisions nance and orchestrate contrived polit- tually rare that the kind of grassroots in our Tax Code? Because the lobbyists ical movements. Unbelievably, the effort that traditionally we think of and the powerful people are able to be Court ruled in Citizens United that cor- when we think of legitimate democ- heard, and they are able to work their porations have the same right to racy, that it is felt in its appropriate will. They are able to make that hap- speech as individuals. Therefore, they ways. pen. can spend unlimited amounts of money The truth is, the increased influence Now we have a rule, because the Su- in elections. of special interest money, big money in preme Court ruled that corporations I remember from my days in law our politics, is robbing the average cit- are like people and have the same school learning distinctly that a cor- izen of his or her voice in setting rights. So we have a new assault on poration is a fictitious entity. It is a America’s agenda. There are far more America’s democracy. I mean that. It fictitious entity created as a matter of poor people, there are far more chil- is an assault on our democracy. We law to protect the corporation in the dren, there are far more interests that have always had money in the market- conduct of its economic business, not don’t get represented. We constantly place of politics. We understand that. to protect it in the context of giving it see, like the debate we have had re- For years people have tried to find one the same rights as an individual with cently over carried interest, for in- way or another of trying to address respect to speech. For a Supreme Court stance, or a number of other interests that concern. This is not a new concern of the United States to somehow put a here get as much time and as much de- of the American people. It is hard to corporation on the same plane as the bate over one or two of those single say where we are headed, all of us, in individual citizen is absolutely ex- issues as some of those that affect a far our careers in public life. I am, obvi- traordinary. greater proportion of the population. ously, on the back end of that runway, As a result, we are now seeing a As a result of the Supreme Court’s but I am stunned by what the impact whole bunch of spending by shadowy ruling in the case of Citizens United, of this is going to mean to our country groups run by long-time Republican we have seen an incredible step back- and to the ability of average voices to Party officials and activists that is wards from accountability, a step be heard. going to end up in the hundreds of mil- backwards from preserving our democ- The humorous Will Rogers once lions of dollars, money that cannot be racy, and an incredible gift to the quipped that ‘‘politics has gotten so ex- traced to its source. How do Members power of money. In the last few years, pensive, it takes a lot of money even to feel about that? How do Americans feel under the McCain-Feingold bill and get beat.’’ But Will Rogers would be about the millions of dollars being under our rules, at least if a company stunned by the amount of money in spent and they don’t know who is wanted to participate in the election, politics today. spending it? Unaccountable democracy. it had to go out and ask its executives In 2008, a record total of $5.2 billion What we are talking about, I suppose, to contribute. We went through the was spent by all the Presidential, Sen- means little to the corporations com- sort of charade of having a fundraising ate, and House candidates. When I ran pared to what they are going to get in event at which a whole bunch of execu- for President in 2004 on a national terms of blocking a regulation. We tives would have to show up or people basis, we spent $4.1 billion. That broke have people here who want to delay the who worked for a company, and they the 2000 record when Al Gore ran of $3.1 regulations for clean air. They are wrote a check. The checks were bun- billion. So we go from $3.1 billion to going to come in here and try to say: dled together, and there were your con- $4.1 billion to $5.2 billion. We can’t proceed now to have clean air. tributions. But at least there was ac- Now we have a new rule. All these se- We have to delay it. So more coal countability. At least people knew cret funds can come into the political fumes will pollute the air and more those people had contributed. At least process. We have already broken the people will get sick and so forth. But people saw where it was coming from record in 2010 from the 2006 race by a they will try to work their way, and and who it was coming from. huge amount. I think the total amount they have a lot of money to try to do Under the Citizens United decision, of money spent in 2006, which was an it with. all a CEO has to do is put it in the off Presidential year, was about some- The Supreme Court’s ruling also budget of the corporation. The corpora- where around $700 something million, clears the way for the domestic sub- tion can budget annually. We are going $800 million. We are well over $1.2, $1.3 sidiary of a foreign corporation to

VerDate Mar 15 2010 02:26 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.022 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE September 22, 2010 CONGRESSIONAL RECORD — SENATE S7319 spend unlimited amounts to influence it is not only going to tip elections, it statement about whose interests are our elections. is going to cripple—cripple—the legis- being protected and what is at stake in I want people to think about that. A lative process more than it has already this election as we go into this Novem- foreign corporation and a national of a been crippled in these past few years. ber. foreign country are barred under the Instead of negotiating with each The stakes for the American people law from contributing to Federal or other in the public interest in the Con- are simply too high to let special inter- State elections. But nothing in the law gress, Members of Congress find them- ests hide behind faceless and unidenti- bars the foreign subsidiary incor- selves asking corporations—supposedly fied campaigns. I cannot think of any- porated in the United States from subject to the law and will of the thing that is less American than secret doing so. Those subsidiaries do not an- American people—they ask them money going into campaigns to try to swer to the American people. They an- whether it is OK with them whether we affect the choices of the American peo- swer to their corporate parents way off regulate or legislate and release their ple. in some other country. That means allies to vote in favor of one thing or This is an opportunity for us to truly that in no uncertain way a foreign cor- another. And guess what. No surprise speak for the American people, and I poration can indeed play in an Amer- to the American people, those corpora- hope my colleagues will join us in ican election, and clever people will tions almost always refuse to do so. doing so today. not have a hard time in covering that So when the Citizens United decision I yield the floor. trail. was handed down, the voices seeking I suggest the absence of a quorum. So today, on the floor of the Senate, support from these corporations argued The PRESIDING OFFICER (Mrs. in Washington, DC, in the year of the it would have no effect on the Amer- HAGAN). The clerk will call the roll. tea party—when the tea party is asking ican political process. They said: We The bill clerk proceeded to call the for accountability, and the tea party is don’t need to worry about new fun- roll. asking for sunshine, and they want re- neling of funds to candidates. But the Mr. KAUFMAN. Madam President, I form—I would like to hear the tea record already says otherwise. The ask unanimous consent that the order party stand up today and say: Repub- truth is, Karl Rove admitted that for the quorum call be rescinded. licans ought to vote overwhelmingly to based on the Citizens United decision, The PRESIDING OFFICER. Without have sunshine on the funding process of he has formed two new groups specifi- objection, it is so ordered. our campaigns. cally, because this decision empowered Mr. KAUFMAN. Madam President, I The DISCLOSE Act, on which we will him to do it, to influence the 2010 elec- rise to voice my support for the DIS- vote today, does not amend the Con- tions with $52 million of ads bankrolled CLOSE Act. stitution. It is not going to overturn anonymously by special interests. The DISCLOSE Act has to do with the Supreme Court decision that equat- Now that the Supreme Court has the Citizens United case, where the Su- ed the rights of people—I would think opened the door to these anonymous preme Court went out of its way to the tea party ought to be excoriated ads, a lot of other groups are planning overturn nearly 100 years of statutes over the notion that a corporation has to spend approximately $300 million or and settled precedent that had estab- been given the same rights as the Con- more on the elections this fall. Already lished the authority of the Congress to stitution gives to an individual. But it we have seen incredible disparity. I limit the corrupting influence of cor- does not even overturn that. It does think the total spent by these anony- porate money in Federal elections. It is not even constitute campaign finance mous groups attacking Democratic a truly astounding decision, and it reform. All it does is shine the dis- candidates around the country is over broke with all precedent for 100 years. infectant of sunlight on corporations $30 million. The total amount the The Court ruled—and this takes a lit- and faceless organizations that are try- Democrats have had available to them, tle bit, and you have to suspend your ing to buy and bully their way in because they do not have as much mind to get this right—that corpora- Washington through campaigns run money, and they do not represent those tions are absolutely free to spend against Members who disagree with powerful groups, is about $3 million. shareholder money with the intent to them. Seven to one is the ratio. promote the election or defeat of a can- The DISCLOSE Act requires corpora- All you have to do is begin to analyze didate for political office. The corpora- tions, organizations, and special inter- these ads, and you can see exactly tions have freedom of speech. This is est groups to stand by their political what the message is and why it is com- astounding. advertising, just like any candidate for ing. Beyond ignoring precedent, the office, and it requires the CEO of a So here is the deal: Whether you Court’s reckless, immodest, and activ- company to identify themselves in agree with the ads or not is not what is ist opinion failed to distinguish be- their advertisements. And corporations at issue on the floor of the Senate tween the rights of purpose-built polit- and organizations would be required to today. At a minimum, I would hope our ical advocacy corporations and profit- disclose their political expenditures. colleagues would support the idea that driven, large corporations to direct re- Is that asking too much, that the messages that are sent in American sources to influence elections. They American people get to know who is politics, advertisements that are made came in and ruled that any corporation spending the money to influence them for or against a candidate, advertise- can spend corporate money on what- so that maybe they will have the abil- ments that are made for or against a ever races they want. By issuing the ity to judge whether there might be a particular idea, that those ought to be broadest possible opinion, the majority little bias in that ad or there might be sent openly; that they ought to be sent admitted of no differences between a little personal interest in that ad, in an accountable way so the American Citizens United and any major multi- there might be a reason they are get- people—which is what this is all about, national corporation. ting the information they are getting, this institution, this house, the Senate, But this decision left important ques- the way they are getting it? the House. All of this comes from the tions unresolved. Who determines what That is all we are asking. It is not words ‘‘We the People,’’ and we have candidates the major multinational radical. It is not prohibitive. It simply been hearing those words, ‘‘We the Peo- corporation supports or opposes? Think removes the false notion that Ameri- ple’’ all over America from the tea about it. Here are corporations run by cans are somehow voluntarily orga- party and from others who are trying managers. We all know the problems nizing all across this country in order to remind people what that is all with boards of directors, and we have to pursue a public interest. The fact is, about. This vote is all about that seen what has gone on in the last years corporate special interest money is today, and their outrage ought to be with decisions by corporations. But being compiled and targeted to pursue summoned all across the country to they never said who in the corporation a special interest and to send a loud shed the sunlight on this political proc- gets to make the decision. Can a man- televised message to those who dis- ess and hold it accountable. ager of the corporation or a CEO say I agree with them that they are going to If our friends come to the floor this am going to throw $40 million or $50 be punished for disagreeing. If that afternoon and vote en bloc against it, million into the political pot or should practice is not disclosed and tempered, let me tell you, that is a declarative he have to go to shareholders to get it?

VerDate Mar 15 2010 02:26 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.023 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE S7320 CONGRESSIONAL RECORD — SENATE September 22, 2010 That is a gigantic amount of money in Supreme Court. That is fundamental to Directors of public companies may politics, but it is a mere pittance to a our system. But it will serve as a bul- still be able to hijack shareholder large corporation. Who determines wark against the flood of corporate money to promote their own narrow in- what candidates the major multi- money and help resolve the open ques- terests. But thanks to the DISCLOSE national corporation supports or op- tions created by the Court in Citizens Act, shareholders will be able to deter- poses? The boards of directors? The United. mine when they have done so. CEO? The employees? All these groups The act will shine a spotlight on cor- The act will prevent foreign-con- and individuals serve the corporation porate spending and prevent corpora- trolled corporations from secretly ma- for the benefit of the shareholders. tions from speaking anonymously by nipulating elections by funneling How will the shareholders of these increasing disclosure and strength- money to front groups to fund last- corporations learn who makes these de- ening transparency in Federal cam- minute attack ads and other anony- cisions within the corporation? Even paigns. mous election advertisements. But so, how are we to determine what Transparency—if you came to the they can also be 6 months in advance. speech the shareholders favor? How do floor since Buckley v. Valeo, in 1974, Last minute is because you don’t want you do that? You are running a cor- the first campaign finance ruling, you them to know you did an ad. They can poration and you get up one morning would have found my colleagues, led by do it 6 months before the election, and and decide you are going to go against their majority leader, speaking pas- nobody knows who did the ad. candidate X or Y. Have you asked your sionately about transparency, trans- If we fail to respond to the threat shareholders what to do with their parency, transparency. Now we have a that the Citizens United decision poses money or whether they want to be bill where no one knows who is spend- to our democracy, then I fear the pub- against or for candidate X or Y? How is ing the money, and there is no move- lic confidence in its government will that decision made? Do we care if the ment on the other side. In fact, there is continue to erode, precisely when bold shareholders are U.S. citizens or citi- a filibuster against this bill, which congressional action is needed. It is not zens of an economic, political, or mili- would allow transparency. That is the bad enough that the Congress has an main thing to do. It can’t change the tary rival of the United States? The incredibly low approval rating. You rules because the Supreme Court says way this thing rules is that a corpora- vote for someone because you think it is then constitutional. We are trying tion that is under the control of an they are X, and all the time they are to deal with transparency, something economic, political, and military rival being supported by corporation Y. Our that has been a hallmark—if you take of ours anywhere in the world can now ability to meet the Nation’s pressing a debate over the last 30 years on fi- be involved in our campaigns. That is needs depends on our ability to earn nancing of elections and put all of something we have never done before. and maintain the public’s trust. That those papers up on a wall, and you As it stands now, Citizens United al- is what we have all learned and know. throw a dart, the chance that you lows corporate interests to prevail over How do you maintain public trust? would hit a Member on the other side the rights of American citizens—that is To not get involved in this bait and of the aisle talking about transparency it, pure and simple—because they have switch, where there is an organization is pretty high. saying one thing and it is doing some- so much in assets. A speaker in Cali- So you have to ask: Why would they fornia said that money is the mother’s be opposed to shining a spotlight on thing else. Earning that trust—the milk of politics. Most Americans know corporate spending and prevent cor- trust of the American people—will be that and they decry it. With this deci- porations from anonymously increas- all the more difficult in a world in sion, it allows corporate interests to ing disclosure and increasing trans- which corporate money is allowed to prevail over American citizens and parency in Federal campaigns? drown out the voice of individuals and overwhelms the contributions and the Not only does the act require the cor- corrupt the political process. This is voices of shareholders and individuals, poration, organization, and special in- basic to our society and what we be- and it ultimately makes elected offi- terest groups to stand by their polit- lieve in. The American people deserve cials even more beholden to corpora- ical advertising like a candidate run- much better. I think it is important tions. ning for office—when we had McCain- that we pass the DISCLOSE Act. I tell you what, I don’t have to do a Feingold, I think most Americans I yield the floor. survey to find out that most Ameri- liked this. If you were going to put up The PRESIDING OFFICER. The Sen- cans don’t want elected officials more an ad, you would say: I am TED KAUF- ator from Vermont is recognized. Mr. LEAHY. Mr. President, I heard beholden to corporations, and I am a MAN and I approve this ad. There were corporate guy. There is nothing wrong a lot of jokes about it, but you knew what the Senator from Delaware said. with corporations. But the American who paid for the ad. But they don’t He has been a very valuable member of people don’t want corporations having want to do this with corporate money. the Senate Judiciary Committee and of more control over elected officials. I can go to a big corporation and start this body itself. We all listen to what Boardroom executives must not be a committee to save the world, and I he says. He is not saying this out of permitted to raid the corporate coffers can pour $35 million into it and spend any sense of what it might do in an to promote personal political beliefs or it around the country, and I never have election for him, he is retiring this to curry personal favor with elected to disclose that it is me. year. We ought to listen to somebody politicians. That result is bad for cor- Under this act, CEOs would be re- who has no stake in this, other than as porations, bad for shareholders, and quired to identify themselves in their a citizen who cares what happens to bad for government. We must ensure advertisements just like political can- our democracy. I thank my friend from that the corporation speaks with the didates, and corporations and organiza- Delaware for speaking out, as he al- voice of its shareholders, and that tions will be required to disclose their ways does so clearly. those who would utilize the corporate political expenditures. We are going to try again this week forum to magnify their political influ- All we are asking is, if a corporation to take action to help stem the tide of ence do not do so for improper personal spends $35 million on a political race, corporate influence that was unleashed gain or to impose the will of a foreign they have to disclose that, like elected when, earlier this year, five unelected power on American citizens. officials and everybody else has to do Supreme Court Justices overturned 100 Unfortunately, the Supreme Court now. The other thing we say is, if a cor- years of precedent in the Citizens has left us without the tools to directly poration is going to spend money in a United decision. When we last tried to affect any of these compelling public race, the person in charge—the CEO— correct this prior to the August recess. interests. The DISCLOSE Act cannot has to say what every elected official We brought up the DISCLOSE Act. Re- entirely undo the activism of the Rob- and Federal officeholder has had to say publicans filibustered the bill. It never erts Court and shut off the spigot of in recent years, since McCain-Fein- allowed the Senate to even debate the corrupting corporate funds because gold—that ‘‘I am Joe Brown and I sup- legislation. Many of us argued that they say it is unconstitutional. The port this ad.’’ Disclosure is exactly without even going to the legislation, Congress cannot overcome a constitu- what our friends on the other side of we faced real problems, and those have tional violation that was made by the the aisle were supporting. been borne out. We have seen massive

VerDate Mar 15 2010 02:26 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.025 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE September 22, 2010 CONGRESSIONAL RECORD — SENATE S7321 corporate spending, drowning out the every law passed by Congress or other Citizens United decision brings about voices of hard-working Americans. courts over the years. That broad scope corruption in our political system. The I heard somebody say in Vermont: of the decision was unnecessary, it was DISCLOSE Act will protect the credi- ‘‘Do you mean if you have somebody improper, and it was one of the great- bility of our elections because the Citi- who is trying to stop counterfeit goods est grasps for power I have ever seen. zens United case diminishes credibility coming from China’’—or to use another At the expense of hard-working men for our elections. If we do not do that, example, ‘‘trying to stop the flood of and women in this country, the Su- we are not going to maintain the trust toys that have too much lead in them preme Court ruled that corporations of the American people. While some on that will endanger our children—and could become the predominant influ- the other side of the aisle praise the you have a Member of Congress who ence in our elections for years to come. Citizens United decision as a victory goes out and works to tighten the law These unelected members of the Su- for the First Amendment, what they so they can’t do it, are you telling me preme Court said: We are going to let fail to recognize is that these new that Chinese company can set up a corporations decide your elections, not rights for corporations come at the ex- small corporation here in the United the hard-working men and women who pense of the free speech rights of all States and spend a fortune to defeat are affected by the elections. We have Americans. That much is already clear. the person who is trying to protect our already seen the consequences. Cor- There is no longer any doubt that the children, to defeat the person who is porations have injected more money ability of wealthy corporations to trying to stop lead in toys? And do you than ever into primary races and now dominate all mediums of advertising is mean in defeating the person who is general elections across the country, quieting the voices of individuals who trying to protect our children they and they can do it without ever even do not have the deep pockets and the could do it without anybody ever saying which corporation is emptying unlimited resources of these corpora- knowing where the money was com- their treasuries to do this. We need to tions. ing?’’ I said: That is the result of the at least have some transparency to this Citizens United is only the latest ex- Citizens United decision. new-found access. ample of which a thin majority of the They could not understand that. But We have heard from Americans of all Supreme Court places its own pref- I tell my fellow Vermonters, with elec- political persuasions who express over- erences over the will of hard-working tion day less than 2 months away, hun- whelming concern over the impact of Americans. The campaign finance re- dreds of millions of dollars of corporate the Citizens United decision, as the forms of the landmark McCain-Fein- interest group funds have been spent or threat it poses to our electoral process gold Act were the product of lengthy pledged to be spent on political adver- is readily apparent. We have a con- debate in Congress as to the proper role tising and election activities. The stitutional duty to work to restore a of corporate money in the electoral American people deserve better than meaningful role for all Americans in process and passed by bipartisan ma- that. the political process. Vote yes or vote jorities. We have seen filibusters, once a rare- no. Be willing to stand on one side or Those laws strengthened the rights of ly used part of Senate procedure, be- the other of the issue, not a filibuster individual voters while carefully pre- come a regular tool for obstruction in which allows you to duck facing re- serving the integrity of the political the Senate on issue after issue. No sponsibilities as a Senator, not a fili- process. But with the stroke of a pen, matter how much the American people buster to a motion to proceed because five Justices—unelected Justices—cast want an issue voted on, we end up hav- that is a vote to ignore the real-world aside those years of deliberation and ing a filibuster blocking it. That ob- impact this decision is already having substituted their own preferences over struction has led to delays in consid- on our democratic process. I call on the will of Congress and the American ering legislation meant to protect the Senators: Have the courage to take a people. American people, as well as an alarm- position. Do not vote maybe so you can Vermont is a state with a rich tradi- ing and almost unprecedented rise in go back home and say: That issue has tion of involvement in the democratic judicial vacancies because Republicans not come up. Have the courage, have process. We see it in March at our will not allow votes on judges. Here, in the honesty. Vote yes or no. Town Meeting Day. But it is also a an area fundamental to our democracy, The DISCLOSE Act is a measure I small state, and it would take so little it is clear the American people con- support to moderate the impact of the for a few corporations to outspend all tinue paying the price unless Congress Citizens United decision. I will vote for our local candidates—Republicans and takes action. Americans should expect it. The DISCLOSE Act will add trans- Democrats alike. Come on. A bipartisan support for any legislation parency to the campaign finance laws megacorporation could, in effect, try to designed to prevent corporations from to help ensure corporations cannot control all the government of our small taking over elections, corporations abuse their new-found Supreme Court- state. It is easy to imagine corporate from deciding elections, instead of the made Constitutional rights. interests flooding the airwaves with people who are affected by them. This legislation will preserve the election ads and transforming the na- This legislation does that, and I hope voices of hard-working Americans in ture of Vermont campaigning. This is the Senators on the other side will stop the political process by limiting the not what Vermonters expect of their filibustering this legislation. I cannot ability of foreign corporations to influ- politics. The DISCLOSE Act is the first help but think on these filibusters—do ence American elections. Can you step toward ensuring Vermonters and you know what it is? It allows one to imagine a proud country such as ours, all Americans can remain confident say: I am going to vote maybe. We were we are willing, because of the decision that their voices are going to be heard elected and paid to vote yes or no, not of five people, to allow foreign corpora- in the political process, not an unseen, maybe. Those who keep using the fili- tions to come in and meddle in our po- unknown corporation with a whole lot buster to prevent a vote on serious litical process? We are going to pro- of money. matters can go home and say: That hibit corporations from receiving tax- The Citizens United decision grants matter has not come up. I have not payer money when contributing to corporations the same constitutional voted on that. I am on your side, elections. Are you going to say to the free speech rights as individual Ameri- whichever side you are on, because I taxpayers: We are going to tax you, cans. Who could possibly have imag- never voted. I voted maybe. That is and then we are going to give the ined what the Framers of the Constitu- what these filibusters are. They are money to determine who might give us tion would have thought of that? Re- voting maybe because you do not have more taxes? We are going to increase member the opening words of our Con- the courage to stand and vote yes or disclosure requirements of corporate stitution: ‘‘We the People of the United no. contributions, among other things. States . . . ’’ It does not say we the In Citizens United, five Supreme It is hard to overstate the potential people and a few megacorporations of Court Justices cast aside a century of for harm in the aftermath of the Citi- the United States. In the Constitution, law and opened the floodgates for cor- zens United decision. The DISCLOSE the Founders spoke of guaranteeing porations to drown out individual Act is necessary to prevent corruption fundamental rights for the American voices in our elections. Five overruled in our political system because the people, not to corporations, which is

VerDate Mar 15 2010 02:26 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.025 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE S7322 CONGRESSIONAL RECORD — SENATE September 22, 2010 mentioned nowhere in the Constitu- fluence. Let’s set that aside. They have Yet the Republican operatives who created tion. The time is now to ensure our plenty of influence in elections. Right the group earlier this year set it up as a campaign finance laws reflect this im- now any corporation at any time can 501(c)(4) nonprofit corporation, so its pri- portant distinction. spend any amount of money they want. mary purpose, by law, is not supposed to be political. The American people want their We do not have any information, un- The rule of thumb, in fact, is that more voices heard in the coming election. I less the law is changed, about their do- than 50 percent of a 501(c)(4)’s activities can- look forward to working with all Sen- nors, who is paying for that influence, not be political. But that has not stopped ators to pass this important legislation who is paying for those advertise- Crossroads and a raft of other nonprofit ad- to ensure the DISCLOSE Act is enacted ments. The corporate entity does not vocacy groups like it—mostly on the Repub- into law. At the very least, our con- even have to identify itself. They can lican side, so far—from becoming some of the stituents deserve a debate in the Sen- call themselves the XYZ company or biggest players in this year’s midterm elec- ate on this legislation. Have the cour- XYZ campaign and come in and run ads tions, in part because of the anonymity they afford donors, prompting outcries from cam- age and the honesty to vote yes or no, positively or negatively, for or against, paign finance watchdogs. not to hide behind a filibuster and get candidates in an unlimited way. It vio- The chances, however, that the flotilla of away with voting maybe. What does lates the basic rule we have all oper- groups will draw much legal scrutiny for that do for their constituents? ated under, which is: Sunlight is the their campaign activities seem slim, because I yield the floor. best disinfectant. If you want to bring the organizations, which have been growing The PRESIDING OFFICER. The Sen- some light to the darkness, especially in popularity as conduits for large, unre- ator from Pennsylvania. the darkness that will envelop a lot of stricted donations among both Republicans Mr. CASEY. Madam President, I rise campaigns, then I guess you would be and Democrats since the 2006 election, fall into something of a regulatory netherworld. to speak about the same topic about in favor of not having a statute passed Neither the Internal Revenue Service, which the senior Senator from such as the DISCLOSE Act. which has jurisdiction over nonprofits, nor Vermont just spoke. We are grateful It is very simple. Others have gone the Federal Election Commission, which reg- for his leadership on so many issues through it, so I will not walk through ulates the financing of federal races, appears but especially those that involve the every provision, but one of the first likely to examine them closely, according to Judiciary Committee, the committee provisions is mandating expanded dis- campaign finance watchdogs, lawyers who of which he has been chairman. He has closure and disclaimer requirements specialize in the field and current and former federal officials. been a great example. I will not try to for certain communications by cor- A revamped regulatory landscape this year repeat or replicate his message but to porations, unions, and certain tax-ex- has elevated the attractiveness to political reinforce what Senator LEAHY and oth- empt organizations. operatives of groups like Crossroads and oth- ers have said already in this debate. What is wrong with that? Why ers, organized under the auspices of Section For people who do not follow cam- shouldn’t we have that? For the most 501(c) of the tax code. Unlike so-called 527 po- paigns day to day or even week to part, we have had that for years. Now litical organizations, which can also accept week—a lot of people are making a liv- we don’t have that due to the Supreme donations of unlimited size, 501(c) groups ing and struggling through a tough Court decision. So we should make sure have the advantage of usually not having to disclose their donors’ identity. economy, so they are not always en- that is the law again. This is arguably more important than ever gaged in day-to-day politics. Generally, Second, the legislation would require after the Supreme Court decision in the Citi- the way it works in this country, covered organizations to report infor- zens United case earlier this year that eased whether it is a State such as Pennsyl- mation about their donors and spend- restrictions on corporate spending on cam- vania, New York or Vermont or any ing for certain independent expendi- paigns. State in the Union, for the most part, tures and electioneering communica- Interviews with a half-dozen campaign fi- with some exceptions, we have can- tions. nance lawyers yielded an anecdotal portrait didates who declare their candidacy for Why shouldn’t someone voting in of corporate political spending since the 2010, or in any year, have information Citizens United decision. They agreed that office. They have to file paperwork. most prominent, publicly traded companies They have to fill out ethics forms and about the entity that is spending the are staying on the sidelines. provide other disclosures as a can- money, and especially the donors sup- But other companies, mostly privately didate. porting that entity. It is a free coun- held, and often small to medium size, are Then candidates, as they are running try. They can exercise their right to jumping in, mainly on the Republican side. and raising money, have to make re- free speech, but the idea that it has to Almost all of them are doing so through ports about their donors. That happens be shrouded in darkness and se- 501(c) organizations, as opposed to directly all the time in State races and in Fed- crecy—— sponsoring advertisements themselves, the The PRESIDING OFFICER. The Sen- lawyers said. eral races where someone gives you a ‘‘I can tell you from personal experience, contribution of any size, that has to be ator’s time has expired. the money’s flowing,’’ said Michael E. Toner, reported. Some States might have a Mr. CASEY. I ask unanimous consent a former Republican F.E.C. commissioner, cutoff below a certain dollar amount. for 2 more minutes. now in private practice at the firm Bryan If you are running in an election and The PRESIDING OFFICER. Without Cave. someone gives you a contribution of objection, it is so ordered. The growing popularity of the groups is $25,000 or $100,000, people ought to know Mr. CASEY. I thank the Chair. making the gaps in oversight of them in- And, Madam President, I ask unani- creasingly worrisome among those mindful about that. They ought to know who is mous consent to have printed in the of the influence of money on politics. funding your campaign. ‘‘The Supreme Court has completely lifted Even in the Federal system, we have RECORD a New York Times article of September 20, 2010, entitled ‘‘Donor restrictions on corporate spending on elec- limits on contributions. But while a tions,’’ said Taylor Lincoln, research direc- candidate is running, they file reports Names Remain Secret as Rules Shift.’’ tor of Public Citizen’s Congress Watch, a There being no objection, the mate- that tell the voters who is supporting watchdog group. ‘‘And 501(c) serves as a rial was ordered to be printed in the them. It is a basic foundational prin- haven for these front groups to run election- RECORD, as follows: ciple of the way we run elections. eering ads and keep their donors completely [From the New York Times, Sept. 20, 2010] secret.’’ Now we are faced with a situation, Almost all of the biggest players among because of the Citizens United case, DONOR NAMES REMAIN SECRET AS RULES third-party groups, in terms of buying tele- where those basic rules about how can- SHIFT vision time in House and Senate races since didates are influenced or impacted by (By Michael Luo and Stephanie Strom) August, have been 501(c) organizations, and contributions, what corporations and Crossroads Grassroots Policy Strategies their purchases have heavily favored Repub- entities do in an election—all that is would certainly seem to the casual observer licans, according to data from Campaign turned on its head. to be a political organization: Karl Rove, a Media Analysis Group, which tracks political Basically, what this Supreme Court political adviser to President George W. advertising. Bush, helped raise money for it; the group is They include 501(c)(4) ‘‘social welfare’’ or- decision means is, you can have a cor- run by a cadre of experienced political hands; ganizations, like Crossroads, which has been porate entity—I am not sure there is it has spent millions of dollars on television the top spender on Senate races, and Ameri- anyone in America who does not think commercials attacking Democrats in key cans for Prosperity, another pro-Republican corporations already have too much in- Senate races across the country. group that has been the leader on the House

VerDate Mar 15 2010 02:26 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.026 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE September 22, 2010 CONGRESSIONAL RECORD — SENATE S7323 side; 501(c)(5) labor unions, which have been nance lawyers and watchdog groups said. After graduating with his college de- supporting Democrats; and 501(c)(6) trade as- Four out of six commissioners are needed to gree, he proceeded to the Infantry Offi- sociations, like the United States Chamber order an investigation of a group. But the cer Basic Course. His family reports of Commerce, which has been spending heav- three Republican commissioners are inclined that being an officer in the U.S. Army ily in support of Republicans. to give these groups leeway. Charities organized under Section 501(c)(3) Donald F. McGahn, a Republican commis- was an obvious joy and privilege for are largely prohibited from political activity sioner, said the current commission and the him. because they offer their donors tax deduct- way the Republican members, in particular, First Lieutenant Noziska will be re- ibility. read the case law, gave such groups ‘‘quite a membered as an eager, playful, yet Campaign finance watchdogs have raised bit of latitude.’’ very dedicated young man. His family the most questions about the political ac- Mr. CASEY. Basically, in this article recalls his lust for life, his love of his tivities of the ‘‘social welfare’’ organiza- we have a news organization—among favorite football team, the Huskers, tions. The burden of monitoring such groups falls in large part on the I.R.S. But lawyers, many—that is saying donor names are and his commitment to serving his campaign finance watchdogs and former being kept secret. The other problem country. His young nephew longs for I.R.S. officials say the agency has had little we have, of course, is foreign nationals Mark’s teasing. incentive to police the groups because the are coming into the United States and To Army leadership he was an ener- revenue-collecting potential is small, and be- spending money to influence elections. getic lieutenant with unlimited poten- cause its main function is not to oversee the So this is not complicated. It is very tial. His decorations and badges earned integrity of elections. simple. Either there is going to be sun- during his short but distinguished mili- The I.R.S. division with oversight of tax- tary career speak to his dedication and exempt organizations ‘‘is understaffed, un- light and exposure about our elections derfunded and operating under a tax system and who is funding these various elec- to his bravery: the Bronze Star, the designed to collect taxes, not as a regulatory tions or we are just going to have dark- Purple Heart, the Afghanistan Cam- mechanism,’’ said Marcus S. Owens, a lawyer ness. I think that injures our ability to paign Medal, the NATO Service Medal, who once led that unit and now works for have free debate in a campaign, and it the Global War on Terrorism Medal, Caplin & Drysdale, a law firm popular with injures the voter’s ability to learn the Army Service Ribbon, the Army liberals seeking to set up nonprofit groups. what they expect and should have a Commendation Medal, the National In fact, the I.R.S. is unlikely to know that right to know about candidates and Defense Service Medal, the Army Re- some of these groups exist until well after the election because they are not required to about those who are influencing can- serves Component Service Medal, the seek the agency’s approval until they file didates. National Guard Individual Achieve- their first tax forms—more than a year after Madam President, we should pass the ment Medal, the Adjutant General Out- they begin activity. DISCLOSE Act. At a minimum, we standing Unit Citation, and the Com- ‘‘These groups are popping up like mush- should have a debate on the DISCLOSE bat Infantry Badge. rooms after a rain right now, and many of Act. Today, I join family and friends in them will be out of business by late Novem- Madam President, I yield the floor. mourning the death of their beloved ber,’’ Mr. Owens said. ‘‘Technically, they The PRESIDING OFFICER. The Sen- son, their brother, and their friend. would have until January 2012 at the earliest ator from Nebraska. to file anything with the I.R.S. It’s a farce.’’ May God be with the Noziska family A report by the Treasury Department’s in- f and all those who mourn Mark’s death and celebrate his life. spector general for tax administration this HONORING OUR ARMED FORCES year revealed that the I.R.S. was not even Mark laid down his life in defense of reviewing the required filings of 527 groups, FIRST LIEUTENANT MARK A. NOZISKA our freedom and security, and our Na- which have increasingly been supplanted by Mr. JOHANNS. Madam President, I tion must never forget his sacrifice, 501(c)(4) organizations. rise today to remember a fallen hero, just as we remember all of the Nation’s Social welfare nonprofits are permitted to U.S. Army 1LT Mark A. Noziska of fallen heroes. We have not been forced do an unlimited amount of lobbying on Grand Island, NB. to relive the horror of 9/11 because he- issues related to their primary purpose, but Mark was a proud member of the 1st there are limits on campaigning for or roes such as Mark offered their lives to against specific candidates. Battalion of the 4th Infantry Division. protect us from it. America can never I.R.S. officials cautioned that what may He was active in and around Kandahar, repay them. We are forever grateful. seem like political activity to the average one of the most dangerous areas of Af- I ask that God be with all those serv- lay person might not be considered as such ghanistan. Sadly, Mark was killed on ing in uniform, especially the brave under the agency’s legal criteria. August 30 by an improvised explosive men and women on the front lines of ‘‘Federal tax law specifically distinguishes device. He had dismounted from a con- battle. May God bless them and their among activities to influence legislation voy vehicle to investigate suspicious through lobbying, to support or oppose a spe- families, and may God bring them cific candidate for election and to do general activity when he was attacked. But by home safely. advocacy to influence public opinion on taking the lead, he likely prevented Madam President, I yield the floor, issues,’’ said Sarah Hall Ingram, commis- many more casualties within his pla- and I suggest the absence of a quorum. sioner of the I.R.S. division that oversees toon. His death is a great loss to our The PRESIDING OFFICER. The nonprofits. As a result, rarely do advertise- Nation and to my home State of Ne- clerk will call the roll. ments by 501(c)(4) groups explicitly call for braska. The assistant legislative clerk pro- the election or defeat of candidates. Instead, Mark loved life, he loved the Husk- ceeded to call the roll. they typically attack their positions on ers, and he especially loved the Army. issues. Mrs. HAGAN. Mr. President, I ask Steven Law, president of Crossroads GPS, His leadership qualities became appar- unanimous consent the order for the said what distinguished the group from its ent early on in his life. He was recog- quorum call be rescinded. sister organization, American Crossroads, nized in Who’s Who and selected to rep- The PRESIDING OFFICER (Mr. which is registered with the F.E.C. as a po- resent Nebraska in People to People UDALL of New Mexico). Without objec- litical committee, was that Crossroads GPS while a student at Papillion High tion, it is so ordered. was focused over the longer term on advo- School. Before graduating, he was f cating on ‘‘a suite of issues that are likely to voted Mr. Monarch, a very high honor. see some sort of legislative response.’’ Amer- Mark enlisted in the National Guard THE DISCLOSE ACT ican Crossroads’ efforts are geared toward re- sults in this year’s elections, Mr. Law said. in 2004 and before long was selected as Mrs. HAGAN. Mr. President, I am Since August, however, Crossroads GPS the Nebraska Army National Guard glad to join my colleagues today to dis- has spent far more on television advertising Soldier of the Year. He subsequently cuss our elections process and the state on Senate races than American Crossroads, finished as first runner-up in the Sol- of campaign finance. As everyone here which must disclose its donors. dier of the Year national competition. knows, in January of this year the Su- The elections commission could, theoreti- Yet Mark had even higher aspirations. preme Court ruled in a 5-to-4 decision cally, step in and rule that groups like Cross- He enrolled in college and ROTC to be- in Citizens United v. the Federal Elec- roads GPS should register as political com- mittees, which would force them to disclose come an officer. The University of Ne- tion Commission that the first amend- their donors. But that is unlikely because of braska-Omaha ROTC Program honored ment cannot limit corporate funding of the current make-up of the commission and Mark with the Military Order of the political advertisements in candidates’ the regulatory environment, campaign fi- Purple Heart Medal. elections. Effectively, this decision

VerDate Mar 15 2010 02:26 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.001 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE S7324 CONGRESSIONAL RECORD — SENATE September 22, 2010 overturned decades of campaign fi- Mrs. MURRAY. Mr. President, I ask Carlos excelled academically and nance law that limited special interest unanimous consent that the order for helped his family out with money by influence on elections. the quorum call be rescinded. selling hot dogs after school. I am deeply concerned that this rul- The PRESIDING OFFICER. Without And by the end of high school, he was ing is weakening the voice of the objection, it is so ordered. student body vice president and had re- American people in our elections. Mon- f ceived a scholarship to attend the Uni- day the New York Times reported that, versity of Washington, where he is THE DREAM ACT since the ruling, many nonprofit advo- scheduled to start this year. cacy groups have set up sister organi- Mrs. MURRAY. Mr. President, one of Carlos is going to continue selling zations and specially classified them- the many values that make America so hot dogs to pay for textbooks, and his selves under section 501(c) of the Tax great is that no matter where we start dream is to go to law school and be- Code. Organizations are using the 501(c) off from in life we believe that we all come a civil rights lawyer when he status as a loophole to avoid having to deserve to have a shot at the American graduates. disclose their donors’ identity. dream. I also heard from Judith, from Ta- I want America’s campaign finance We all deserve an opportunity to coma, another undocumented immi- process to be transparent. What do I work hard, support our families, and grant. mean by transparent? That the public give back to the Nation that has been Judith recently graduated from high knows who is paying for the message there for us all of our lives. school and she told me that she dreams and how much. We have to be aware of This is an American value I cherish. of joining the Navy and serving her the influence that money has on poli- It is one I feel very strongly we ought country. tics. to maintain and strengthen. And it is And I heard from Luis, a junior at In response to the Court’s decision, why I stand here today to talk about Whitworth University in Washington the DISCLOSE Act was introduced to the DREAM Act, which would help us State. mitigate the harmful effects of the Su- do exactly that. Luis is excelling at school, but be- preme Court’s decision in Citizens The amendment we proposed was a cause he is undocumented he has been United. The DISCLOSE Act would im- narrowly tailored piece of legislation unable to apply for work-study pro- plement comprehensive disclosure re- that was developed with Democrats grams, internships, or federally funded quirements on corporations, unions, and Republicans working together. scholarships. and other organizations that spend And I was extremely disappointed He told me he wants to graduate and money on Federal election campaigns. that Senate Republicans refused to give back to the community by work- This is common sense. When every one even allow us to begin debate on this ing with young people. That is his of us here in this Senate, Republicans critical issue. dream, but he is afraid that his status and Democrats, runs for reelection, we The DREAM Act would give a select will prevent him from achieving that have to state in our advertisements group of undocumented students the goal. that we approved the ad. There is no chance to become permanent residents Luis told me he lives in fear of being reason we should not hold corporations if they came to this country as chil- deported, that the United States is his and unions to the same standard. By dren, are long-term U.S. residents, home, and that he wants nothing more increasing the transparency of cam- have good moral character, and attend than to be given a shot at the Amer- paign spending by these groups, this college for at least 2 years or enlist in ican dream. legislation seeks to prevent unregu- the military. The only way that can happen, the lated corporate power over elections. Under this bill, tens of thousands of only way any of these young people can Under the legislation, the CEOs of well-qualified potential recruits would get that shot, is if we pass the DREAM corporations, the leaders of unions and become eligible for military service for Act. other organizations would be required the first time. The stories I told here today are of to appear on camera for the election These are young people who love our just three of the young people whose advertisements they have funded. The country and are eager to serve in the lives this affects, but I have received DISCLOSE Act would also require that Armed Forces during a time of war. hundreds of stories just like theirs. the top five donors from organizations And the DREAM Act would add a And this issue touches so many more that pay for campaign advertisements very strong incentive for them to en- across the country. be listed on the screen at the end of the list by providing a path to permanent The amendment we proposed would television ad. legal status. have allowed us to take a first step to- Additionally, the legislation would It would also make qualified students ward fixing an immigration system take steps to eliminate the influence of eligible for temporary legal immigra- that is clearly broken with real solu- foreign corporations on American elec- tion status upon high school gradua- tions that will help real people. tions. I believe the Court’s decision tion, which would lead to permanent And for me, this is not just about im- puts the voices of ordinary Americans residency if they attend college. migration, it is about what type of at risk of being drowned out by direct And most importantly, it would country we want to be. corporate spending on elections. Amer- allow the young people who want to America has long been a beacon of ica deserves open and transparent elec- give back to America an opportunity hope for people across the world. tions and that is why I am a cosponsor to do so. And I believe that to keep that bea- of the DISCLOSE Act. I believe the This is about our values as a nation. con bright we need to make sure young DISCLOSE Act would ensure that aver- But it is also about real commu- people like Carlos, Judith, and Luis are age American voters are the ones in nities. And real people in my home given a shot at the American dream. charge during elections, not special in- State of Washington and across the The dream that was there for me, terest money and not foreign corpora- country. that is there for my children and tions. I want to share a few stories I have grandchild, and that is there for mil- I can assure you I will continue to do heard that demonstrate why the lions of others across this great coun- everything within my power and work DREAM Act is so critical. try. with my colleagues in the Senate to I got a letter from a young man So once again, I am extremely dis- protect the integrity of the election named Carlos, who was brought to the appointed that Senate Republicans process. I hope my colleagues on the United States when he was just 2 years blocked our attempt to begin debate on other side of the aisle will join us in old. the legislation this amendment was at- this effort. Carlos’ mom went to work every day tached to. I suggest the absence of a quorum. to provide for her son, but she never I am going to keep fighting for the The PRESIDING OFFICER. The told him that he was undocumented. DREAM Act. clerk will call the roll. It was only when he wanted to go And I am going to keep working to- The assistant legislative clerk pro- overseas on a school community serv- ward comprehensive immigration re- ceeded to call the roll. ice trip that he found out. form that helps our economy, affords

VerDate Mar 15 2010 02:26 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.030 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE September 22, 2010 CONGRESSIONAL RECORD — SENATE S7325 the opportunities we have offered to The other thing that is so hypo- them. We should know where their generations of immigrants, maintains critical about this is the ridiculous no- money comes from. We do know where those great American values that I tion that so many people in this body their money comes from. It comes from hold so dear, and improves our secu- have talked about transparency like it their members. But we ought to know rity. is so near and dear to them. We must who is doing it. This law requires the I yield the floor, and I suggest the ab- have transparency. We must have an same thing of unions that it requires of sence of a quorum. open door. We must have sunlight. Let anyone else writing big checks. The PRESIDING OFFICER. The me read a few quotes. This is rich: Who is going to buy your govern- clerk will call the roll. Public disclosure of campaign contribu- ment? It could be like a game show. We The legislative clerk proceeded to tions and spending should be expedited . . . could have a big wheel and spin the call the roll. Think about that term, especially wheel and people could guess who is Mrs. MCCASKILL. Mr. President, I buying the government. I am worried ask unanimous consent that the order when we realize where it came from. Public disclosure of campaign contribu- about government contractors. There for the quorum call be rescinded. has been big money in government con- The PRESIDING OFFICER. Without tions and spending should be expedited so voters can judge for themselves what is ap- tracting. I have noticed from firsthand objection, it is so ordered. propriate. experience that when we start shaking Mrs. MCCASKILL. Mr. President, are we in morning business? Good, old-fashioned common sense. the trees of these government contrac- The PRESIDING OFFICER. Yes, we That is from the leader of the Repub- tors, they fight back. As I have tried to are. lican Party. clean up some of the contracting How about this one: messes that have littered the financial f I think what we ought to do is we ought to landscape of the Federal Government, I THE DISCLOSE ACT have full disclosure, full disclosure of all the have run into an amazing amount of Mrs. MCCASKILL. Mr. President, I money we raise and how it is spent. And I resistance from the underground power come to floor today to tell a sad, sad think that sunlight is the best disinfectant. of these government contractors. story of hypocrisy. It is not the first That came from the leader of the Re- Let’s look at Blackwater. We know time we have told stories of hypocrisy publican Party in the House. they have created dozens of fake names around this Capitol Building, but this I think the system needs more trans- to do business with the government. one is a particularly sad story of hy- parency so people can more easily reach Many of them are noncompetitive. pocrisy because right now, the ending their own conclusions. Many of them are highly lucrative. is ugly. I couldn’t agree more. That comes They are hiding the identity of their In America, we like nice endings. from the Senator heading up the Re- company for purposes of contracting. This story of hypocrisy has a very bad publican effort to elect Republican Can colleagues imagine what they ending. The name of this story is, Who Senators this year. are capable of if they get to write is trying to buy your government? I could go on and on. We have a Su- checks to influence elections with no- There are folks out there right now preme Court decision that turns the body knowing it? I am in big trouble. I trying to buy your government. The section of the IRS Code, 501(c), into an have gone after a lot of these big con- saddest part of this story is that we open bazaar. What was supposed to be tractors. Now I think my picture is have no idea who they are. So why is it not political and not for profit is now a probably on a lot of their dart boards. a story of hypocrisy? Well, we can start mushrooming industry of nonaccount- Now they don’t have to worry about with how we got here. able, unaccountable organizations that throwing a dart. They don’t have to I have heard so many times—I cannot nobody has any idea where they are worry about it. All they have to do is count how many times I have heard my coming from, who is writing the anonymously write big checks. Mil- colleagues in the other party talk checks, and what their motivations lions of dollars. Write a check for $10 about the evils of an activist court: are. These groups have fallen into a million. Blow out an election in a Well, we have to make sure we do not regulatory nirvana. There is no regula- State. Nobody has to know who did it. have activist judges. Well, no, I am not tion. There is nobody watching. There Foreign interests, yes; the Citizens opposed to this nominee because he is is nobody asking questions. United case created all kinds of loop- appointed by a Democratic President; I These are social welfare organiza- holes that are actually delineated in am opposed to this nominee because of tions, 501(c)(4)s, like Crossroads, which the case. They explained the loopholes activism, evil activism. We have to is one that sprung up. It has been the that are being created, if one reads the watch out for activism. top spender. It hasn’t been the Repub- entire decision, for foreign corpora- So along comes the Citizens United lican committees or the Democratic tions. It is like after that case we have case. If you looked up ‘‘judicial activ- committees. The top spender in the fallen down a rabbit hole in terms of ism’’ in a reference book, you would Senate races is a group we have no idea everything we should believe in in find the title ‘‘Citizens United.’’ This what it is or who is writing the checks. terms of our election processes. Court went off the tracks. They cre- We have to realize they don’t even In the old days, they used to have the ated precedent out of whole cloth in an have to file anything with the govern- term, ‘‘the bagman.’’ The bagman was effort to turn our democracy into a ment, with the IRS, until February, not exactly a positive term for people. race for the highest bidder. March, April. How many people think The bagman was the guy who was in I think it is hypocritical for people to these organizations are going to be charge of carrying the money around come before the Senate Judiciary Com- around after November? Really? How in a bag. There was a time in this de- mittee and be eloquent—because these naive are you? They have to find some mocracy where they actually did that. are all smart people—very eloquent excuse, right, because this is embar- Big bags of cash were carried around about the evils of judicial activism and rassing that they are blocking our ef- and delivered to people’s desks in every then proceed to dismantle a system forts at making campaign finance con- level of government in the country. that is all about the public’s right to tributions transparent? The people in this great democracy know. One can’t really say: Hey, we are rose up and said: We want to clean up There is another part of this that is going to change our mind about trans- this mess. We want candidates to have hypocritical, besides the notion that parency because we have an election to to report how much money they are somehow conservative people are not win and we have a bunch of rich people getting. judicial activists. They are not judicial out here who want to write big checks Some States said: We want to limit activists when they are active for or big corporations that want to write how much they are getting. We limit something you believe in. Then it is big checks. So what do you do? You try how much we get. I don’t know why we not activism. In other words, judicial to make it about the big, bad unions. are not honest about this. I don’t know activism is in the eye of the beholder. These rules need to apply to unions why they don’t just propose an alter- I can think of a lot of Supreme Court too. native bill that we do away with any cases that could back up that asser- Unions are doing ads right now. They kind of limits. Frankly, it might be a tion. should be saying what unions are doing better tradeoff.

VerDate Mar 15 2010 02:26 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.003 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE S7326 CONGRESSIONAL RECORD — SENATE September 22, 2010 If somebody put a gun to my head I think the system needs more trans- pass laws that are tough on Wall Street and said: You have to choose. Do you parency so people can more easily reach or on health insurance companies. want all the money being spent on their own conclusions. They are going to spend it when your I support campaign finance reform, but to city council debates whether to allow a campaigns disclosed where it is coming me that means individual contributions, free from or do you want limits, I think I speech and full disclosure. new toxic waste dump that wants to would take the disclosure because I Public disclosure of campaign contribu- come to town. They are going to spend trust the American people. If they tions and spending should be expedited so it when anyone tries to pass consumer know who is paying the bill, they can voters can judge for themselves what is ap- and environmental laws that protect make a good judgment whether they propriate. our families and our homes. The best trust what that commercial says or The issue is expenditures, expenditures, ex- part of it is, they do not want anyone what that mailer says or what that penditures; and the real issue, if we really to know they are doing it. want to do something about campaign fi- robo call says. That is why we need the DISCLOSE nance reform, is disclosure, disclosure, dis- Act. The DISCLOSE Act will allow Trust is the great intangible around closure. here. We can’t do our jobs with dignity Disclosure helps everyone equally to know Americans to know how and which cor- and with honor if we are hypocrites how their money is spent. . . . Disclosure is porations and unions are trying to in- and if there is not trust. Does anyone what honesty and fairness in politics is all fluence elections. The DISCLOSE Act imagine that the American people are about. Why would anyone fight against dis- would make sure we do not need a per- going to trust us more when we have closure? mission slip from big business to run open season on elections by the highest Those are all excellent points. The our communities. bidder? fact is, they were made by seven dif- Let me repeat what it will do. First I implore my colleagues, clean up ferent Members of this body, all from and foremost, the DISCLOSE Act is this mess with us. Don’t put the last my friends on the other side of the about disclosure; hence, the DISCLOSE nail in the coffin of bipartisanship. aisle. They were made either on the Act. That is why it is named that. It This should be a bipartisan effort. One floor of this body or to the press. will force CEOs, union heads, and lead- rich guy who has a grudge against you So let there be no doubt, for a long ers of advocacy groups, along with can make unfair commercials and time, disclosure of election spending their top contributors, to be identified in the ads they pay for. These same never be held accountable, regardless has been a robustly bipartisan issue. groups, corporations, nonprofits, and of whether you are a Democrat or a Re- But suddenly each of my friends has unions would be required to disclose publican. changed his or her tune. They now op- their top donors to the Federal Elec- I am not as offended by the notion pose legislation called the DISCLOSE Act—disclose, disclosure—the DIS- tion Commission. that wealthy people can spend their If a company has shareholders, they money however they want as I am by CLOSE Act that would force compa- nies, nonprofits, and unions to disclose are going to have to disclose their ex- the notion that they can buy elections penditures to those shareholders in with it and not be held accountable. We the money they spend in our elections, both to the Federal Election Commis- periodic reports and on their Web sites. have a very wealthy guy in St. Louis, Some of my friends across the aisle Rex Sinquefield, who is spending mil- sion and to the American people. Here is one reason why they may are saying the DISCLOSE Act is not lions of dollars influencing elections just about disclosure, it has some other and issues in Missouri. I kind of admire have changed their tune. Thanks to the Supreme Court’s decision in Citizens stuff in there. You know what? They the guy. He is up front about it. He is are right. It has a few other things in United, which Senator MCCASKILL just not handing checks off to Karl Rove there. What are they? Well, a prohibi- spoke so eloquently about, corpora- somewhere. He is very up front. tion on spending by companies receiv- tions today have more power to spend Trust is the great intangible. Every- ing taxpayer money in the form of in our elections than they have had in one who blocks the effort to require major government contracts—the Sen- our lifetimes. In that decision, the full disclosure of money that is being ator from Missouri talked about that Roberts Court broke with a century of spent on political campaigns does great as well—or companies that have re- precedent, overturned two Federal damage to the most precious com- ceived TARP funds they have yet to laws, reversed two of its own decisions, modity we have in this country, and pay back. that is the strength of our democracy. and nullified 24 State laws, including a What else? A prohibition on expendi- I hope the American people, who are 20-year-old Minnesota law. The Su- tures by companies where a foreign in- pretty cranky right now—and I get it; preme Court did all that to allow cor- dividual or company or nation has a they are upset; they ought to be really porations to spend as much money as controlling share, as it is defined by mad about this—hold every one of us they want, whenever they want, in our Delaware and 30 other States—that is, accountable. If you are not willing to elections and not just Federal elec- at it is defined by 31 of the 32 states support a bill that will require full dis- tions—State elections, county elec- that define a controlling share with a closure of people who are spending tions, school board elections. number. This is a provision I authored Here is another reason my friends money on political advertising, then I and that Senator SCHUMER included in have changed their tune: Those cor- don’t know how seriously we can take this piece of legislation. This provision porations are using their newfound anything you say you stand for. will prevent CITGO, owned by Ven- power to disproportionately benefit my Let’s get the DISCLOSE Act up now. ezuela, from using the Citizens United friends across the aisle. Since August 1, Let’s clean up this mess. I guarantee decision to pour money into our elec- Republican interest groups have out- my colleagues, it is going to have an tions. ugly ending. This story will not have a spent Democratic interest groups 5 to I welcome the opportunity to debate good ending unless we change the plot. 1, and these corporations are funneling these provisions. I welcome it. So far, I yield the floor. millions upon millions of dollars into some of my friends will not allow that The PRESIDING OFFICER. The Sen- our elections without anyone knowing debate to happen. No debate, and the ator from Minnesota is recognized. where that money came from. American people will continue to suffer Mr. FRANKEN. Mr. President, It is no accident they are so eager to for it. ‘‘[c]learly the American public has a influence elections and to do so anony- So I urge all my colleagues to allow right to know who is paying for ads and mously. You know why? Because Con- debate on this important bill. Allow de- who is attempting to influence elec- gress has finally stepped in to protect bate on this bill. It is about the future tions. Sunshine is what the political consumers from abuses by big busi- of our democracy. Allow debate. system needs.’’ nesses that have been allowed for far Before I conclude, let me quote again too long to write their own rules. So We can try and regulate ethical behavior a prominent friend on the other side of by politicians, but the surest way to cleanse big businesses are giving money anony- the aisle: the system is to let the Sun shine in. mously. Public disclosure of campaign contribu- I don’t like it when a large source of Corporations will not spend money tions and spending should be expedited so money is out there funding ads and is unac- on just any election. They are going to voters can judge for themselves what is ap- countable. spend it when we, the Congress, try to propriate.

VerDate Mar 15 2010 02:26 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.037 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE September 22, 2010 CONGRESSIONAL RECORD — SENATE S7327 Let me repeat that: ‘‘Public disclo- savings and investment. That is, of for other businesses, I will have to make do sure of campaign contributions and course, precisely what we should be with what we have. spending should be expedited so voters doing. Unfortunately, that is exactly I will just mention a couple more. can judge for themselves what is appro- the opposite of what would happen if Ron Hatch of Hatch Furniture in priate.’’ we raised the taxes on the so-called Yankton, SD, said his business, which I yield the floor. upper two brackets because that is how is a furniture store, has struggled. He The PRESIDING OFFICER. The Sen- small businesses, by and large, pay has seen his business fall by 25 percent. ator from Arizona is recognized. their taxes. He had to close one of his two stores. His business is heavily dependent on f Fifty percent of the approximately $1 trillion of business income will be re- capital, and he says any tax increase RAISING TAXES ported on returns that have a marginal would inhibit his ability to compete Mr. KYL. Mr. President, we continue rate in the top two brackets. That is and force him to lay off more workers. to have a discussion about whether another way of saying, if you increase If the current tax rates are allowed to there should be a tax increase on the tax in those top two brackets, you expire, he says he might well have to Americans and, if so, which ones. We are going to dramatically impact small go out of business. are not sure whether the Senate is businesses that create about 25 percent Steve Ferree, who owns a Mr. Rooter going to vote on one of those propo- of the total workforce here in the Plumbing in Gladstone, OR, says he sitions before the elections, but there United States. has been lucky his business has been appears still to be a chance we would In testimony before the Finance able to survive so far but that increas- ing his tax rates, the rate at which he do that. Committee, on which I sit, the former pays—just what we are talking about I found it of interest that a couple Director of CBO, Doug Holtz-Eakin, here—would directly impact his busi- surveys—one of economists and one of testified that an increase in the top ef- ness. He would not be able to consider Americans generally—throw more cold fective marginal income tax rate would hiring a new employee or buying new water on the idea that we should be reduce the probability that a small equipment should the tax hike take ef- raising taxes on any Americans. business entrepreneur would add to his or her payrolls by roughly 18 percent. I fect. I wish to report, first of all, a CNBC There are several from the printing poll which just came out today. The suggest it may even be more than that. What I would like to do is quote from industry. I will just quote from one. headline is ‘‘Most Americans Want All Mike Nobis of JK Creative Printers comments from a few small business Bush Tax Cuts Extended.’’ Well, that is in Quincy, IL, makes the point that the folks as to the effect of the tax in- another way of saying: We should not tax increases hurt his clients which crease on them. If the tax increase raise taxes on any Americans. I will then, in turn, hits him. He talks about were to be voted on by this body and just quote from two lines: the fact that his clients are having to the House of Representatives and In the new poll released this week, 55 per- cut back their budgets and that this adopted into law or if the current tax cent said that ‘‘increasing taxes on any has had an impact on him. He said that rate is not extended for everyone, here Americans will slow the economy and kill increasing taxes will be especially jobs’’. . . .Only 40 percent said the Bush-era is what a few small business folks say hard-hitting for his clients. As a result, tax cuts should be canceled for higher earn- would happen to them. Some of these he is going to continue to lose cus- ers. . . . examples come from the Chamber of tomers, and with that loss of cus- One other interesting statistic is Commerce, some from the National tomers combined with the tax increase that the poll showed that ‘‘55 percent Federation of Independent Business. hitting his own budget, he will be hit For example, Mark Clinton of Deci- of Americans said [President] Obama’s from both sides. The looming tax in- sive Management in Little Rock, AR: overall economic plans have made crease and uncertainty with forth- things worse so far.’’ Last year, he says, he paid about half coming health care mandates have left This poll is consistent with every his business’s income back in taxes. He him in a position where he is hesitant other we have seen. Most Americans do has a small business that meets this to take on risks and grow his business. not believe we should be raising taxes threshold I mentioned before, and he Another example from the printing on anyone—on the wealthy, on busi- said any tax increase would effectively industry: Frank Goodnight of Diversi- nesses, on others, on anyone. I think kill his business. I thought it was in- fied Graphics in Salisbury, NC. An- most of them get the fact that if you teresting. He gets frustrated, he said, other from the real estate industry—a start raising taxes, particularly in the when he hears the top-tier tax cuts re- lot of examples there—Curt Green from middle of a recession, you are going to ferred to as tax cuts for ‘‘the rich.’’ He Curt Green & Co. in Texarkana, AR. kill economic recovery and certainly said: Let me close with two examples that slow the creation of more jobs. These are employers who work hard to bal- show other indirect effects. ance their budgets and make ends meet. Steve Walker from Walker Informa- Well, that was also the opinion of a They need money to sustain their businesses. group of economists who were surveyed tion in Indianapolis, IN, talks about Do you want someone who is broke as your one of the indirect consequences of his by CNN. They surveyed 31 different employer? No. You want someone who is able economists and had a variety of op- to pay their bills and pay your salary. firm having to pay more in taxes, his small business. It is a family business. tions. They asked: What should the Here is another example of someone He said: We have always taken care to Senate and the House do? In this sur- who says he would be hurt if his taxes give back to our community in Indian- vey, 18 of the economists said we are raised: Jim Murphy, from the firm apolis and central Indiana. Here is a di- should not raise taxes on anyone—in EST Analytical, in Cincinnati, OH. If rect quote: other words, extend the tax rates that taxes go up above the $250,000 thresh- have been in effect for the last 10 years old, the bottom line of his business will If Congress increases taxes, it will directly for everyone, continue to extend them. affect the extent of our charitable work, in suffer and he will be forced to make se- addition to impacting our company’s bottom There were only three of the econo- rious business decisions to make up for line. I look at pretax dollars as a pie chart. mists, incidentally, who said: No, we the lost income. He just recently lifted Right now, Uncle Sam gets 35 percent. If should differentiate, extend for some a pay freeze that has been in place for Uncle Sam gets 39.6 percent, then 4.6 percent but not extend for others. In other almost 18 months. His company sus- will come from other uses. For us, those uses words, it is OK to go ahead and raise pended the 401(k) contributions at the are as follows: Reinvest in the business, give taxes on the so-called wealthy. same time, and that likely will have to to charity, and meet capital obligations. Meeting capital obligations are fixed, so I noted also today that the National continue into the future. So instead of the impact of a tax increase will reduce the Taxpayers Union released a letter with potentially hiring more people, he is amount available for charity first and in- 300 economists saying the same thing, definitely not going to make any new vestment capital second. I have already that we should not raise taxes on any- hires. He said that the threat and un- made plans assuming that some sort of tax one. Finally, I noted in comments I certainty of health care costs going up increase is coming. made Monday that Secretary Geithner next year is also a great concern. And he talks about how that will had said what we should be doing to So instead of purchasing needed capital drop his contributions to United Way, preserve jobs in America is to promote equipment and generating economic activity for example.

VerDate Mar 15 2010 02:26 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.039 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE S7328 CONGRESSIONAL RECORD — SENATE September 22, 2010 He concludes by saying: The PRESIDING OFFICER. Without I haven’t seen either movie. I don’t I think Congress needs to have a much objection, it is so ordered. particularly care to at this point. The greater appreciation for the direct and indi- Mr. BENNETT. Thank you, Mr. issue is, does Citizens United have the rect consequences a massive tax increase President. I appreciate that and the same right to freedom of speech that would have on businesses and the commu- courtesy of my colleagues. Michael Moore does or is the techni- nities that we and our employees live and cality of the fact that Citizens United work in. f happens to be a corporation and Mi- Finally, noting a physician who has a THE DISCLOSE ACT chael Moore is rich enough to make his business in Chicago, Dr. Herb Sohn of Mr. BENNETT. Mr. President, I have movie by himself, without a corporate Strauss Surgical Group makes another two issues I wish to discuss today. The form and without shareholders, mean point not just about marginal income first one is one I have spoken about be- that he can speak and they cannot? tax rates but capital gains and divi- The Supreme Court said: No, we won’t dends as well. Remember that these fore, which is the DISCLOSE Act, which we are going to be voting on support that idea, that he can speak taxes would also be increased under the and they cannot; and as long as they Democrats’ proposal. He says that in- probably tomorrow. The last time I talked about the DISCLOSE Act, I are not making a direct contribution creases in dividends and capital gains to a party—that would be a violation of taxes will prevent his patient care raised the issue of the film that was made in the 2004 campaign by Michael the law—they have the right to make a business from expanding to provide movie and they have the right to dis- quality care to more patients. He talks Moore. This was an effort, very clearly, on the part of Mr. Moore to influence tribute it. about having practiced medicine since Well, that is what the DISCLOSE Act the election. No one could have seen the early 1970s in the Chicago area. His attempts to do something about. We that film without realizing it was a se- focus is on his patients, but he says: have heard complaints on this floor: rious attempt to make sure Americans Unfortunately, the impending tax in- Oh, it is evil and improper for corpora- creases will impair our ability to focus on did not vote for President George W. tions to speak, unless, of course, they patients and their care. The increases in cap- Bush. happen to be the New York Times cor- ital gains taxes and dividend tax rates will Well, Citizens United, a group that poration—they can speak all they impact our business, derailing our opportuni- has political views different from Mr. ties to expand our operations. want—or the Washington Post corpora- Moore’s, believed that the film violated tion. They can speak all they want. Finally, he notes that he is struc- the law, and they filed a complaint But if a group of citizens get together, tured as a passthrough entity. And with the Federal Election Commission and they have some shareholders, and that is how a lot of these small busi- because they said it was clearly a polit- say, we want to speak in the political nesses pay their taxes. That is why ical document, not just another movie, arena, they are told, no, no, no, you they are impacted by an increase in the and it was filmed for the purpose of can’t, except by the Supreme Court, top two marginal income tax rates. He trying to affect the election. which says, yes, yes, yes, you can. That says: At the time, Michael Moore had this is why I support the Supreme Court de- If Congress increases the marginal income to say about Citizens United and their cision. tax rates, that means we will have less complaint: All right. We get the DISCLOSE Act money to expand and reinvest in our busi- ness, which, again, is focused on patient That’s the difference between our side and to say that the Supreme Court made a care. their side. Even when we disagree, we are re- terrible mistake but we will do every- spectful of freedom of speech, but when they thing we can to try to rectify that mis- He concludes by saying: disagree, they try to shut you down. Well, I’m not a tax expert, but I do have a take. We are told over and over again it’s unAmerican and it’s wrong and people that we are not limiting their freedom straightforward diagnosis on this issue—Con- are not going to stand for it. People in this gress needs to keep all the tax rates at their country don’t like to be told they can’t of speech; we are just going for disclo- current levels and not slap us with a bigger watch something or see something. sure. Then there are all kinds of as- tax bill. pects of the bill that go beyond disclo- I can argue with Mr. Moore about sure, and we are treating everybody My point is this: The American peo- whether our side really does hate free- alike, except for those groups we have ple, by a wide margin, believe we dom of speech, but the interesting carved out of the terms of the DIS- should not increase taxes on anyone. point is that he insisted we have more CLOSE Act, so they won’t have to com- Economists, by a wide margin, agree. opportunities to watch rather than less We should not increase taxes on any- ply with the DISCLOSE Act, and those opportunities to watch and that any one. And the several examples of own- happen to be the kinds of groups whose other position was, to use his term, un- ers of small businesses who would be support is necessary for the people who American. the first to be impacted by an increase voted for this bill in the House. What did Citizens United do? They in the upper two marginal income tax All right. Let’s assume for the sake decided that rather than fight Michael brackets have made it very clear— of argument that there are things in Moore, they would join him, and they every one of them—that it will have a the Supreme Court decision that do made a movie and they ran the movie direct impact on their ability to hire need some legislative attention. Why, in the 2008 election. Immediately, they people, to expand their businesses, or then, don’t we have some hearings? were attacked for making this movie to continue in business, and an indirect Why, then, don’t we have the bill open impact on the customers they serve, because, unlike Michael Moore, Citi- for amendment? I am the ranking who then, in turn, would have less busi- zens United as a group happens to have member of the Senate Rules Com- ness for these small businesses. a corporate charter. They are a cor- mittee—the committee that would re- All in all, it is a bad idea to even poration by definition, and the com- ceive the jurisdiction on this bill—and think about increasing taxes on any plaint was, you are entering the cam- we have not seen it in the Rules Com- Americans, let alone small businesses. paign and violating the law which says mittee. It has not been referred to com- We should make it clear right now that corporations cannot contribute to po- mittee. There have been no hearings. these folks do not have anything to litical parties. There has been no opportunity for worry about; they are not going to be Citizens United took the case all the amendment. There has been no oppor- hit with a big tax hike. way to the Supreme Court and said: tunity to sandpaper some of the rough The PRESIDING OFFICER (Mr. But we are not contributing to a polit- places and make the bill more accept- MERKLEY). The Senator from Utah. ical party; we are not violating the law able to people who are currently op- Mr. BENNETT. Mr. President, I had against corporate contributions. We posed to it. It is simply: It passed the originally anticipated speaking for 15 are exercising our first amendment House in this fashion; let’s bring it to minutes. I understand that the speaker right to make a movie and tell people the floor of the Senate the way it intruded into the Republicans’ time, what we happen to think about Hillary passed in the House and prevent the for which I do not complain, but I ask Clinton. Their views about Hillary Senate from having any impact on the unanimous consent that I be allowed 15 Clinton were no more generous than way it is worded or structured. minutes even though the time would Mr. Moore’s views about President So I am going to vote against the normally expire at 3 o’clock. Bush. DISCLOSE Act for two reasons: No. 1,

VerDate Mar 15 2010 02:33 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.041 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE September 22, 2010 CONGRESSIONAL RECORD — SENATE S7329 I happen to believe that the Supreme entire $23 billion as rapidly as it came losses to the economy outweigh any gains in Court got it right and that Citizens in. It would go out in a stimulus effort tax receipts from the increase in the capital United has every bit as much right to to create jobs. The point made in the gains tax rate. produce a movie that attacks a polit- article is that by not taking in that $23 For example, at a 28% capital gains tax rate, economic growth declines 0.1 percent- ical character as Michael Moore does. billion and leaving it in the economy, age points per annum and the economy loses The technical fact that he does it as an we are giving the economy itself and about 600,000 jobs yearly. If the capital gains individual should not change the im- those people who are in the business of tax rate were increased to 50%, real GDP portance of the dialog that should take creating jobs $23 billion in incentives growth would decline by 0.3 percentage place in the public square. No. 2, even to create jobs. If I can quote the last points per year, and there would be 1.6 mil- if the Supreme Court decision does paragraph: lion fewer jobs created per year. At a 20% capital gains rate compared with the current need some kind of legislative fix, it A capital gains tax reduction to zero pro- 15%, real economic growth falls by a little should be handled in regular order. We duces new jobs at the cost of $18,000 per less than 0.1 percentage points per year and worker—far less than might occur from any should have seen it in the Rules Com- jobs decline about 231,000 a year. Smaller in- other proposals. mittee. We should have had an oppor- creases in the capital gains tax rate have tunity to amend it, to debate it, to In other words, if the government smaller effects on the economy, but the ef- hear witnesses on it, to question those took in the $23 billion, and then spent fects are still negative. witnesses and have an understanding of it in incentives to create jobs, they Lowering capital gains tax rates would it. For those two reasons, I intend to would spend more than $18,000 per job help grow the economy and jobs. My study vote against it. than would happen if we simply left found that when capital gains taxes are re- duced to below 15%, the after-tax return on TAX POLICY that money in the hands of the people equity rises, stock prices increase, household Turning my attention very quickly who know how to create jobs. I am not wealth rises, consumption moves higher, and to the issue the Senator from Arizona suggesting a capital gains tax rate of capital gains can be realized. Capital gains was discussing which has to do with zero, but I am saying let’s leave it tax receipts to the government increase and tax policy, I wish to call to the atten- where it is, because it is the most effi- household financial conditions improve to tion of my colleagues an article that cient way to create new jobs in this provide a healthier basis for future consumer appeared in on economy, rather than have it come spending. September 21 with respect to capital into the government and have the gov- My study also found that a reduction in the capital gains tax rate to 5% from 15% gains taxation and the impact of seeing ernment hand it out in ways that are raises real GDP growth by 0.2 percentage the capital gains tax rate go up on the proven to be less effective in the cre- points per year, lowers the unemployment economy. The headline of the article is ation of new jobs than the reality of rate by 0.2 percentage points per year, and ‘‘Cap Gains Taxation: Less Means the economy working on its own. increases nonfarm payroll jobs by 711,000 a More.’’ Those are my two messages, and I ap- year. Productivity growth improves 0.3 per- I ask unanimous consent to have the preciate the opportunity of sharing centage points a year. entire article printed in the RECORD at them today. No. 1, let’s defeat the DIS- Taken to its logical conclusion, moving to the conclusion of my remarks. CLOSE Act. No. 2, let’s leave the tax a zero capital gains tax rate would have an The PRESIDING OFFICER. Without even bigger effect, increasing growth in real program where it is, because that is GDP by over 0.2 percentage points per year objection, it is so ordered. the most efficient and effective way to and approximately 1.3 million additional (See exhibit 1.) create new jobs, and new jobs is what jobs per year. Mr. BENNETT. I will highlight only we want and need in this economy Higher capital gains taxes will not sub- one portion of this article in the inter- more than anything else. stantially reduce the deficit. The net impact est of time. It is the point that is made I yield the floor. on the federal budget deficit of a reduction in the capital gains tax rate to 0% is a de- as the final point in the article where EXHIBIT 1 it says: cline in tax receipts of $23 billion per year [From the Wall Street Journal, Sept. 21, after the positive effects of stronger eco- Higher capital gains taxes will not sub- 2010] stantially reduce the deficit. nomic growth on payroll, personal and cor- CAP GAINS TAXATION: LESS MEANS MORE porate income taxes are taken into account. They point out—we have all seen it— (By Allen Sinai) This is significantly less than the $30 billion that the higher the capital gains tax per year static revenue loss estimate, which goes, many times the lower the capital Congress is deliberating on what to do about the ‘‘Bush tax cuts’’—the reductions in does not include feedback effects. A capital gains tax revenues. Why is that? Be- income, capital gains and dividend taxes leg- gains tax reduction to 0% produces new jobs cause if you have an investment in a islated in 2001 and 2003—currently set to ex- at a cost of $18,000 per worker, far less than business or a piece of real estate and pire at the end of this year. The recession might occur from many other proposals. the cost of getting out of that invest- may officially be over, but what Washington The bottom line is that any capital gains does on tax policy still matters for an econ- tax increase is counterproductive to real ment is inordinately high because of a economic growth. To the contrary, a reduc- capital gains tax rate, you won’t be as omy that’s creating very few net new jobs and is stuck with an unacceptably high un- tion in the capital gains tax rate would be a motivated to get your money out of pro-growth fiscal stimulus that creates new that investment and put it into a more employment rate and record-high federal budget deficits of over 9% of GDP. jobs and new businesses, funds entrepreneur- productive one as you would be if the Capital gains taxation is one area in which ship, reduces the unemployment rate, in- capital gains tax were low. lawmakers can help jump-start the economy. creases productivity, and in the long run We have all known that. The eco- Capital gains tax rates for taxpayers in the brings in more payroll taxes. In the case of nomic information on that has been top four income brackets are set to move capital gains taxation, less means more. around for a long time. higher in a few months. My new study, ‘‘Cap- The PRESIDING OFFICER. The Sen- But there is another aspect to this I ital Gains Taxes and the Economy,’’ pub- ator from Maryland is recognized. want to highlight; that is, the impact lished this week by the American Council for Mr. CARDIN. Mr. President, I take on jobs. The figure they use in this ar- Capital Formation, shows that the net effect this time to talk about an issue that ticle is that if the capital gains tax of lower capital gains taxation is a signifi- came up frequently during my town- cant plus for U.S. macroeconomic perform- hall meetings in Maryland in August, rate went to zero, the loss to the Treas- ance. ury, in terms of income, would be $23 The study simulated reductions and in- and that subject dealt with campaign billion a year. Oh, you may say, that is creases in capital gains taxes starting in 2011 finance reform and what we need to do a lot of money. We can’t afford to lose and extending to 2016 to estimate the effects to restore public confidence in our $23 billion a year coming into the on economic growth, jobs and unemploy- election system. Treasury. What impact would that ment, inflation, savings, the financial mar- I must tell you, there wasn’t a single have on the deficit? We would lose $23 kets and debt. person in Maryland who told me that billion a year that we need. Here are a few of the relevant findings: we needed more special interest cor- All right. Let’s assume that the $23 Hiking capital gains tax rates would cause porate spending in elections. There significant damage to the economy. Raising billion comes in. What does this admin- the capital gains tax rate to 20%, 28% or 50% wasn’t a single person who told me istration propose to do with it? They from the current 15% would reduce growth in there is too much disclosure of infor- want to put it in the stimulus package real GDP, raise the unemployment rate and mation as to where contributors come to create jobs. They would spend the significantly reduce productivity. These from. It was the reverse. People in

VerDate Mar 15 2010 02:26 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.042 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE S7330 CONGRESSIONAL RECORD — SENATE September 22, 2010 Maryland believe there is too much force. We took that Supreme Court de- we all agreed on. Government contrac- special interest money in our cam- cision and the Congress did the right tors—restricting what they can do. It paigns. They believe they have a right thing. We made sure that the intent of is consistent with the Supreme Court to know where all campaign contribu- Congress was carried out. We passed a decision, where eight of the nine Jus- tions and expenditures come from. bill to give gender equity and oppor- tices acknowledged that it would be OK They want true campaign finance re- tunity to bring an effective suit if one for Congress to enact legislation con- form. is discriminated against in the work- cerning disclosure. The interesting thing is that we force. So I come back to our responsibility. know how difficult it is to pass cam- We need to do the same thing on We are not on the Supreme Court of paign finance reform legislation. I was campaign finance reform. The Supreme the United States. That is not our re- part of the Congress that passed, in Court has acted. I disagree with their sponsibility. Our responsibility is to 2002, the bipartisan Campaign Reform decision. Now Congress needs to act in enact laws. Our responsibility is to re- Act. It wasn’t easy to get it done, and order to restore some confidence with spond to the needs of this Nation, to it was a bipartisan bill. We made the American people. I applaud Senator respond to what our constituents want strong headway in that legislation to SCHUMER in his efforts to bring forward us to do. Quite frankly, our constitu- restrict corporate money. I must tell legislation—the DISCLOSE Act—and ents want us to take up campaign fi- you, I think the public appreciated the this bill is consistent with the Supreme nance reform. They want us to do a lot efforts that were made, appreciated Court decision. I disagreed with the Su- more than just the DISCLOSE Act, that it was bipartisan, and knew we did preme Court decision. I don’t believe when it comes to campaign finance re- make progress in limiting what cor- corporations are equal to individuals, form. I am one of those who supports porations can spend in Federal elec- as far as spending money and contrib- public financing of campaigns. tions. Corporations can participate. uting in a campaign. But we will de- I think it would be far better for the They can have their employees work bate that issue on another day. That is people of Maryland and this Nation to for political action committees. But it not what this bill does. It does some- have less special interest money fi- is very transparent, open, and it is lim- thing I thought virtually every Mem- nancing campaigns. I think it would be ited, so that we have some control of ber in this Congress agreed on, which is better to have some public way in which they can know the candidates the amount of special interest money that the public has a right to know running. I think we should require our coming into our Federal elections. who is spending money in a campaign— Then comes Citizens United, the Su- to disclose where you are spending networks to provide air time for de- bates. That is not today’s debate, but it preme Court case that reversed the ac- money, where it is coming from. is whether we can move the ball for- tions of Congress, that reversed the If you, as a candidate for the Senate, ward on campaign financing that 2002 bipartisan Campaign Reform Act. put an ad on television, you have to makes sense. In other words, let’s not It was a decision—5-to-4—by the Su- identify that it is your ad. The public move backward. Let us do what the Su- preme Court, where the so-called—and has a right to know who is responsible preme Court told us we can do in re- I use this term gently—conservative for the money being spent on the ad being put on television. That is not gard to corporate spending. Justices, who, in my view are the most Let’s do what Members of this body true under Citizens United. Corpora- judicial activists, reversed precedent have said we should do, and that is re- tions can now spend money without ac- and congressional action and expanded quire that we disclose the source not cepting responsibility for the ad, and what corporations can do in Federal only of those who contribute to our elections. without the public knowing the source campaigns but those who spend money I was listening to Senator BENNETT of the ad. That is plain wrong. We have on behalf of getting us elected or de- talk about how unfair it was that a an opportunity to correct that, con- feated. We have a right, the voter has documentary was treated differently. sistent with the Supreme Court deci- a right to know that. Those who are re- Well, as Justice Stevens said in that sion. This is not about trying to re- sponsible for the act should have the case: verse the Supreme Court decision. I courage to disclose the moneys they Essentially, five justices were unhappy would like to do that, but that is not are spending and take responsibility with the limited nature of the case before us, what this is about. This is about mak- for the ads they produce. so they changed the case to give themselves ing sure the public knows who is spend- I could go on with additional infor- an opportunity to change the law. There ing money in a campaign. I thought ev- mation that we have—some of these or- were principled, narrow paths that a court erybody agreed on this. that was serious about judicial restraint ganizations that are organized under Let me quote from the leaders of the the Internal Revenue Code. I can show could have taken. Republican Party in the House and They could have dealt with the issue you that we are not going to be able to Senate. Senator MCCONNELL said: have adequate enforcement of that. Senator BENNETT talked about. But, Public disclosure of campaign contribu- One thing we can do, which I hope we no, instead they opened the door com- tions and spending should be expected so vot- can agree on, is to pass the DISCLOSE pletely for corporations to spend ers can judge for themselves what is appro- Act so the public has the information money in Federal elections. priate. to judge who is getting involved in our Let me quote from Public Citizen Our Republican leader was right on campaigns, and then I hope that Demo- Congress Watch. Their research direc- that. crats and Republicans can join to make tor Taylor Lincoln said: House Republican Leader BOEHNER sure the integrity of our election sys- The Supreme Court has completely lifted said: tem is strengthened. restrictions on corporate spending on elec- I think what we ought to do is we ought to Confidence in government depends tions. have full disclosure. I think sunlight is the upon the people of our Nation believing That is moving in the exact opposite best disinfectant. that our elections are open and fair. We direction the people of this Nation I can quote lots of Democrats and spend a lot of time in other countries want us to move in, dealing with cam- lots of Republicans. Quite frankly, I making sure their election process is paign finance reform—reversing the ac- don’t know Members who are against right. We need to do a better job here tions of Congress and indeed their own disclosure. Yet some of my colleagues in America. It can start this week by decisions. This wasn’t the first time. I will be voting against it. To me, it is allowing us to debate the DISCLOSE can give you a lot of chapter and verse hard to understand why, when this bill Act. Let’s not hide behind the fili- how the so-called, again, judges who is narrowly focused and its principal buster. Let’s bring it forward and have are supposed to be conservative have objective is to make sure voters know the debate on the floor, and let us re- been judicial activists. They did that in who is spending money in an election. spond to our constituents. They have the Lilly Ledbetter case. In that case, Does it do other things? Yes. I didn’t the right to know who is spending they reversed previous precedent and think there were objections to the money in this election. made it virtually impossible for a other provisions, such as making sure With that, I yield the floor. woman to be able to bring a case based foreign corporations cannot contribute. The PRESIDING OFFICER. The Sen- on gender discrimination in the work- Well, you know, I thought that is what ator from Rhode Island is recognized.

VerDate Mar 15 2010 02:26 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.047 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE September 22, 2010 CONGRESSIONAL RECORD — SENATE S7331 Mr. WHITEHOUSE. Mr. President, I penditure in elections was a type of should certainly drive them and, there- am honored to follow my distinguished corruption in the political arena. fore, let the corporate money flow. colleague from Maryland, who has such But they could not resist. They could That makes great sense. A Swedish great legislative and elective experi- not resist, and by a 5-to-4 decision—one drugmaker, Novo Nordisk—that is ence and speaks with such passion and of an array of 5-to-4 decisions by which where the money is behind this. energy about this issue. I share his a narrow partisan majority of our Su- Where does it go? It goes to Karl concern, and I rise today to speak preme Court has taken the law and Rove’s group—like he has not already about a type of corruption in the polit- moved it as far as it could—they done enough damage to this Republic— ical arena. What type of corruption in changed the law of the United States. American Crossroads, which hopes to the political arena am I talking about? They knocked down this standing spend $50 million in this election, ac- I am talking about the corrosive and precedent in order to open the flood- cording to the New York Times, sup- distorting effects of immense aggrega- gates of American elections to cor- ported by the American Action Net- tions of wealth that are accumulated porate money. work, which is planning to spend $25 with the help of the corporate forum Let me interrupt myself for 1 minute. million in concert with the U.S. Cham- and that have little or no correlation When I say ‘‘moved it as far as it ber of Commerce, which is spending $75 to the public support for the corpora- could,’’ I mean these decisions on these million, all reported by the New York tion’s political ideas, wealth that can massive issues—issues of great impor- Times, along with other groups: Ameri- unfairly influence elections when it is tance to our country, issues of vast cans for Job Security, the American deployed in the form of independent ex- consequence in our elections—do not Future Fund. penditures. need to be decided 5 to 4. A Court that Let me ask, if you see an advertise- Sounds like tough talk to call that a had a real interest in modesty, in con- ment on television that slams a polit- type of corruption in the political servatism, could look for a broader ma- ical candidate, that trashes him on arena and describe it in those terms. jority to try to build consensus for the some issue, and it is brought to you by But those are not my words. Whose rule that it was announcing. Of course, Americans for Job Security or the words are they? Those are the words of if they tried to build that broader con- American Future Fund, you, as a cit- the U.S. Supreme Court. The U.S. Su- sensus, they would not be able to take izen trying to evaluate that advertise- preme Court said: as big a political leap. This is a Court ment, what information does that give State law grants corporations special ad- that over and over will take the big po- you? I suggest it does not give you very vantages—such as limited liability, per- litical leap at the cost of, I think in the much information at all. petual life, and favorable treatment of the long run, the Court’s credibility, but in ExxonMobil could buy American elections. The entire Presidential elec- accumulation and distribution of assets— the short run of building a precedent that enhance their ability to attract capital tion between President Obama and that has lasting value because it has a and to deploy their resources in ways that Senator MCCAIN, adding up the spend- significant majority behind it. maximize the return on their shareholders’ ing on both sides, cost about $1 billion. investments. Other big decisions of the Court— Brown v. Board of Education for in- ExxonMobil makes that every week. That is what they are for, and that is These big multinational corporations stance—were unanimous. Here, once what they should do. But the Supreme can drown out American citizens’ they have their majority, that is all— Court continued: voices, and it barely makes a dent in that is enough. Then they are willing These state-created advantages not only their bottom line. They can buy Amer- to move. allow corporations to play a dominant role ican elections through what the Su- Who did they open the floodgates to in the Nation’s economy, but also permit preme Court said, until this active, when they did this? Let’s see who has them to use ‘‘resources amassed in the eco- radical group on the Supreme Court been opposing our bill to try to at least nomic marketplace’’ to obtain ‘‘an unfair ad- pushed this decision through 5 to 4, vantage in the political marketplace.’’ make public what corporations are with the precedent of the United taking advantage of. Roll Call reported That was the law of the United States, was a type of corruption in the back in July that ‘‘the bulk of cor- States of America. That law was prece- political arena. That was the law of the porate outreach on the campaign fi- dent when our Chief Justice stood be- land, not just in one decision but re- fore our Senate Judiciary Committee nance bill’’—that is the bill we are try- peatedly. Now that can happen, thanks and promised, under his oath before ing to get to, trying to correct this to that decision. And American citi- that committee, that he would honor Citizens United decision, trying to pro- zens will be swamped by these big cor- precedent. Not only that precedent, but tect our elections from being flooded porations. it relied on earlier Supreme Court with corporate money—‘‘the bulk of Is it a coincidence that 85 percent of precedent. corporate outreach on the campaign fi- the spending so far in this election has This Court, Justice Marshall writing, nance bill was done primarily by com- been on behalf of Republicans? There is quoted the Massachusetts Citizens for panies based outside the United States a phrase in politics: You are supposed Life decision, a previous Court, and but that have substantial operations to dance with the guy that brung ya. said, as the Court explained in Massa- here.’’ But I tell you what, when you take the chusetts Citizens for Life, the political That is great. The lobbying on oath as a judge, that principle should advantage of corporations is unfair be- whether corporations get to control be dispensed with and discarded. You cause ‘‘[t]he resources in the treasury our elections is being dominated by should take on new duties that go be- of a business corporation . . . are not multinational corporations based out- yond loyalty to any political party. an indication of popular support for the side of the United States. American Nevertheless, this Court has opened corporation’s political ideas. They re- citizens’ voices are going to be drowned the corporate floodgates so that inter- flect instead the economically moti- out by corporate money based on lob- national corporations can come in, vated decisions of investors and cus- bying from corporations that are not drown out American voters, buy up tomers. The availability of these re- even American corporations. American elections, and what was law sources may make a corporation a for- Roll Call continues: ‘‘According to before, a type of corruption in the po- midable political presence, even Senate filings, large international litical arena and 85 percent of the though the power of the corporation firms reported lobbying Members—or spending by the big corporations is on may be no reflection of the power of its hiring others to do so—on the DIS- behalf of Republicans—I am sure that ideas.’’ CLOSE Act’’—the bill we are on—‘‘in is just a coincidence. When Chief Justice Roberts, under recent months. . . .’’ They include To the contrary, we often hear my oath before the Senate Judiciary Com- Sony and Honda. How fortunate for colleagues on the other side say: mittee, promised that he would honor General Motors to have the electoral Unions do just the same thing. When the precedent of the United States of process controlled by lobbyists for you see that advertisement on tele- America, this was not only precedent, Honda. The financial firm, UBS, a vision attacking a political candidate, it was precedent within precedent. It Swiss bank—that is what we need. The and it says at the bottom—let’s pick was the established law of the United views of a Swiss bank are clearly im- our most active union, the Service Em- States of America, that corporate ex- portant to American elections and ployees International Union—it says

VerDate Mar 15 2010 02:26 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.047 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE S7332 CONGRESSIONAL RECORD — SENATE September 22, 2010 Service Employees International insurance when he got sick, that our greatest President said, very sim- Union, you have a pretty good idea who wouldn’t provide coverage because he ply, that it is a ‘‘government of the that is. You can find them in the had a preexisting condition—if those people, by the people, for the people.’’ phonebook. You probably know some- are the people you want controlling the Our purpose is that it not perish from body who is a member. They are active government—you don’t want this bill this Earth. This is not a government of in the community. It is no mystery. because you want them to be able to the CEOs, by the big corporations, and But how about American Future Fund? fund these anonymous organizations for their shareholders. It is not an The way this is set up right now, with no consequence, with no trans- anonymous government where you ExxonMobile could take its billions of parency. don’t know who is on the air with mil- dollars and start laundering that If you want our government con- lions of dollars in advertisements slam- money through shell organizations and trolled by the people who brought you ming away. It is not a government shell corporations. By the time the the gulf oilspill and who are polluting where a candidate would be embar- slammer ad gets put on television at- our atmosphere with carbon day in and rassed to have a big corporation on tacking a political candidate—it could day out in ways that are changing our their side that laundered their money be Americans for Peace and Puppies, as world as we watch it, this bill ‘‘ain’t’’ through corporate screens so when it far as we knew—and nobody would for you because this bill wouldn’t allow finally appeared in the waning days of have the time in the hectic last days them to do it sneakily, anonymously, the race it was all phonied up with a before an election to figure out who it unlimitedly. name such as ‘‘Americans For Peace is who is really behind these attacks. If you want this government con- and Love’’ or whatever the group is That is no way to run an election. trolled by the big corporations that are going to be called. That is not what That is no way to run a democracy. taking American jobs and making the America is all about. That is not transparent. These corpora- American worker pack up the machin- So this may seem like a small issue tions are not even humans. What they ery they have worked on into shipping about reporting of corporate expendi- are doing, involved in these elections crates to be shipped overseas, where a tures, but I would submit that when on this scale, is unimaginable. What it foreign worker will be hired to make corporations make more in a week does is it amplifies the political voice that same product, which will then be than an entire U.S. Presidential elec- of CEOs dramatically. brought back into America—if they are tion costs and they can throw that The great thing about American de- the folks you want controlling our gov- kind of money around, there is a lot at mocracy is that you and I and the ernment, anonymously, through money stake in trying to make sure American pages who are here, when they are old and expenditure—the DISCLOSE Act is elections are honest and honorable enough to vote, and the police officers not for you. ones. To allow the big corporations, outside and the fellow driving by in the But let me tell you, if you are a reg- even the international corporations, to taxicab on Constitution Avenue, every ular American, who thinks everybody continue to spend unlimited amounts American has a vote that counts the should have a fair voice at election of money in our elections, with no re- same. If you are the CEO of a big cor- time, who doesn’t want to see our porting requirement, with the ability poration, not only can you do your own American elections drowned out by to launder through phony-baloney shell politicking, but you can take that lobbyists for international corpora- organizations before people see it, the amassed treasury of wealth with what tions, by huge corporate expenditures risk of damage is very great. the Supreme Court called ‘‘the amass- that aren’t even traceable back to the So I know it is easy for me to say, be- ing of large treasuries warrants the corporation but that come through cause the money is coming in 85 per- limit on independent expenditures,’’ phony-baloney organizations with cent against Democrats and for Repub- and you can spend it to push your own names that sound like ‘‘The Make licans, and it looks like this is what views and to drown out your neighbors, America Great Foundation’’—if that is that is about, but it is not. It is about your friends, people who oppose you— the kind of politics you want to put an making sure that a government of the anyone—with immense amounts of end to—if you want to see real issues people, by the people, and for the peo- anonymous political spending. debated by real people, this DISCLOSE ple does not perish from this Earth. I do not think that is right. I think Act is important. I thank the Presiding Officer, and I that is a mistake. Justice Stevens had This isn’t just about fairness in one yield the floor. it right in his dissent in the Citizens election. This isn’t just about a Su- f United case. He said this: preme Court that handed to one polit- At bottom, the Court’s opinion is thus a re- ical party a gigantic corporate check- EXTENSION OF MORNING jection of the common sense of the American book that had previously been illegal BUSINESS people, who have recognized a need to pre- and tells them: Get out there and Mr. WHITEHOUSE. Mr. President, I vent corporations from undermining self- spend, it is fine. Get out there and government since the founding, and who ask unanimous consent that morning have fought against the distinctive cor- spend anonymously, it is fine. If you business be extended until 6 p.m, with rupting potential of corporate electioneering are an international corporation—if Senators permitted to speak for up to since the days of Theodore Roosevelt. you are not even an American com- 10 minutes each. Justice Stevens continued: pany—get out there and spend, we The PRESIDING OFFICER. Without It is a strange time to repudiate that com- don’t mind. Every day we make choices objection, it is so ordered. mon sense. While American democracy is im- about whether corporations or people Mr. WHITEHOUSE. Mr. President, I perfect, few outside the majority of the court are going to have the upper hand in suggest the absence of a quorum. would have thought that its flaws included a this society. Our Supreme Court just The PRESIDING OFFICER. The dearth of corporate money in politics. gave corporations the upper hand, and clerk will call the roll. So if you want the government of the we have to fight back because it is not The assistant bill clerk proceeded to United States of America—this great just about who wins this election, this call the roll. and sovereign Nation, this light of de- is about a democracy that has been Mr. LEMIEUX. Mr. President, I ask mocracy in the darkness of this world, through over 200 years of stress and unanimous consent the order for the this government of Washington, of Jef- strain. This is about an idea the quorum call be rescinded. ferson, of Madison, of Roosevelt, of Founders put together that was un- The PRESIDING OFFICER. Without Lincoln—controlled by the same people heard of at the time. It was radical, it objection, it is so ordered. The Senator who brought you a 30-percent interest was exceptional, and it created a soci- from Florida. rate on your credit card, well, the DIS- ety that has shown a light in this world f CLOSE Act is not for you because they that is brighter than any other govern- will not be able to do it anonymously if ment in the history of humankind. TAX RELIEF this bill passes. This government has lasted through Mr. LEMIEUX. Mr. President, we are If you want the government of our Civil War and world war, through de- having difficult times in this country, country controlled by the insurance pression. It has lasted through every difficult times in my home State of companies that took your child off the kind of stress. Its value is, as probably Florida—the highest unemployment

VerDate Mar 15 2010 02:26 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.048 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE September 22, 2010 CONGRESSIONAL RECORD — SENATE S7333 anyone can remember, nearing 12 per- ting the payroll tax. If we cut the pay- If you look at the 2009 budget, the cent. Florida, unfortunately, is No. 1 in roll tax 3 percent, every employee in 2010 budget, the 2011 budget—each one mortgage foreclosures in the first half America would get a 3-percent pay in- of them is about $1.3 to $1.5 billion in of the year; No. 1 in being behind in its crease. Every employer would have 3 debt. That is more than $4 trillion debt mortgage payments. Our people are percent more they could use to buy a in 3 years. struggling. Our small businesses are new piece of equipment or hire a new We cannot afford the government we struggling. People are struggling to employee. That is the kind of policy have, let alone the government that make ends meet. As we face this very this government could do to get people some in this Chamber want. We need to difficult time it is natural that the back to work. do a much better job of spending the people of my State and the people Instead, we passed a $1 trillion health money we are spending now. But this around this country would look to care plan that we found out today is body does not budget. We go through their leaders in Washington for help. going to require 80 percent of small some procedure that is called budget Certainly government cannot solve businesses to change their health care but what we do is take last year’s all problems. But we here in govern- offerings—probably more expensive. So budget and add to it. No one goes into ment do not want to make the prob- that promise, ‘‘If you liked your health the agencies of government and says, lems any worse. Right now we are on care plan, you can keep it’’ is going to Are these agencies spending their the verge of raising taxes on the Amer- ring hollow. We passed the financial money efficiently and effectively? No ican people. Tax cuts that were im- regulation reform bill that is causing one checks to see if every dollar spent posed in the last 10 years are set to ex- people in Florida to wonder whether is spent wisely. We are not jealous with pire if this Congress fails to act by the they should move their businesses the American people’s dollars, we just end of the year. What is this going to overseas. We passed huge forms of reg- spend them. mean to the average Floridian, to the ulation—more bureaucracy, more Most don’t know what we spend them average American, if their taxes go up? spending. What is it doing to job cre- on. Most don’t know what those dollars It depends upon where you find your- ation? It is freezing it. When I go home are for. That is because we do not bal- self, in terms of how you pay your to Florida and talk to businesses, they ance our budget. We do not do what taxes. We know the tax brackets are say: I don’t know what government is American families do when they sit going to increase. For example, the 10- going to hand me next. I don’t know if around the table in a difficult economy percent tax bracket would disappear I hire that 25th or 50th employee if I and say: You know, we are not going to and those taxpayers would move up to am now going to be fined for not hav- be able to take that vacation this year; the 15-percent bracket, capturing all ing the right kind of health care. I or, You know, maybe our daughter can- those with incomes below $34,550. It is don’t know what is in that 2,000-page not have those piano lesson; or, Maybe not just going to affect the people at financial regulation bill. I don’t know we have to put the braces off until next what is in that 2,000-page health care the upper end of the tax scheme but it year. The hard decisions Americans are bill. What does it mean for my small is going to affect everyone. When peo- making right now are not being made business? ple are having a difficult time making We have frozen American business, in this Chamber. We are spending more ends meet, to have to pay more in especially small business, which cre- and more of your money, so why on taxes is exactly the wrong thing to do. ates two out of every three jobs in this Earth should we take more of your Some have said let’s extend the tax country, with too much bureaucracy, money and give it to government when cuts for those who are in the lower too much spending, too much bor- it is not being spent wisely? brackets and let’s increase those who The next generation’s future is in rowing, and too much debt. are at the higher brackets. The prob- That goes to another important point jeopardy. If we continue to spend the lem with that is you are again hurting about my friends on the other side of way we are spending, the debt and def- this economy because we know that the aisle trying to raise taxes in the icit will be out of control. Right now people who pay in the higher brackets middle of a recession. This government we spend $200 billion a year on interest are job creators. In fact, many of them does not have a revenue problem. This alone—paying for the obligations we are small businesses. In our country, government has a spending problem. should not have incurred in the past. small businesses often file as if they I came to the Senate a year ago, ap- That will turn to $900 billion by 2020 were individuals. Subchapter S cor- pointed to serve the people of Florida, when the projected debt for this coun- porations file as if they were individ- 18.5 million Floridians. When I came to try will be $25 trillion. My friends, if uals. By not continuing these tax cuts, the Senate on September 10 of last year we are $25 trillion in debt and we are by raising taxes in the middle of the re- our national debt was just shy of $12 spending $900 billion a year in interest cession, as many as three-quarters of a trillion—$11.7 trillion. The national payments, this government will not million small businesses in this coun- debt today is $13.5 trillion. We have function. try would have their taxes increase. gone more than $1.5 trillion in addi- This is not just a problem for our I was talking to some folks in Pensa- tional debt in 1 year. It took 200 years kids; this is a problem for us. This cola last week. The gentleman I was for this country to go $1 trillion in problem is going to visit us in the next speaking to told me the story of a busi- debt. Why on Earth should the Amer- 2 to 5 years. Washington does not have nessperson who related that he is being ican people sacrifice more of their a revenue problem. Washington has a laid off at his job. The reason he is hard-earned money to give this body spending problem. Let’s get about the being laid off is his employer told him more money it is going to waste? business of getting Americans back to when his taxes go up he is not going to The American people have no con- work. If Americans are back to work, be able to afford to keep that employee fidence that we have any ability in there will be more people paying taxes, on. When you raise taxes on small busi- Congress to spend their money wisely. there will be more revenues. Let’s get nesses you hurt job creators, exactly They are right about that. That is why about the business of balancing the the wrong thing we should be doing in they are so angry, and they have a budget and spending money on things this very difficult time. right to be angry—another $1.5 trillion that are efficient and effective. Instead of tackling issues that could in debt. These numbers are so enor- This body should not budget and help people get back to work, my mous it is hard to get your brain spend money every year. We should do friends on the other side of the aisle around them. A trillion dollars is $1,000 it every 2 years. My colleague Senator here are debating a campaign issue, a billion. I tell folks when I meet with THUNE has proposed that. Let’s spend political issue about alleged campaign them, if you took $1 bills and laid them the other year on oversight making finance reform. Where is the initiative out on the ground, $1 million would sure your money is spent wisely. If we to try to put Americans back to work? cover two football fields; $1 billion are required to balance the budget, we Where are the offerings from my would cover Key West, FL—3.4 miles will actually look in these agencies friends on the other side to get Ameri- square of $1 bills blanketing the and see if they are spending your cans back to work so we can get out of ground. A trillion dollars would cover money wisely. If we do those two this very difficult economy? We on our Rhode Island—twice. This is an enor- things, we can save America. So let’s side have proposed things such as cut- mous amount of money. get about that business. Instead of

VerDate Mar 15 2010 02:26 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.052 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE S7334 CONGRESSIONAL RECORD — SENATE September 22, 2010 talking about increasing taxes on edge and spirit, and the 19th amend- sive or a centrist, I think you think it small business and individuals, let’s ment showed our commitment to con- is right to be honest. I think that is a cut the payroll tax. Let’s give employ- tinually fight for women’s equality. principle everybody can agree to, to be ees a pay raise and employers a chance In Wyoming alone, we have been honest and to be forthright and to be to hire new employees and buy equip- graced by women’s accomplishments truthful and to have been aboveboard. ment. Let’s pass the free trade agree- from past to present. Wyoming had the The problem, as you know, with the ments with Colombia, with Panama, first female justice of the peace in the outcome of the Court case has to do and South Korea. We know those United States, Esther Hobart Morris. with the way we run our elections. If agreements will create more jobs, espe- We had the first woman to head up the we do not fix this, we are going to be in cially in a State such as Florida. Why mint. In fact, she is one of the few fe- a situation in this democracy where have they not been sent to the Con- male statues displayed in the U.S. Cap- people can spend unlimited amounts of gress for approval? My friends on the itol today. Wyoming also welcomed the money in a secret way. That is the other side of the aisle like to talk first woman to serve as Governor of a problem. It is not that corporations about job creation, but none of the U.S. State, Nellie Tayloe Ross. can do it or labor unions can do it or measures that is coming to the floor of Today, we are continually impacted conservatives or liberals, it is that it this body, or very few, have anything and influenced by strong women in our can be done at all in secret. to do with getting Americans back to State. I am honored to serve in Wyo- I do not think Americans want this. work. ming’s congressional delegation along- I know the people I represent do not Today we are missing another oppor- side U.S. Representative Cynthia want this. They want to have an honest tunity as this body debates alleged Lummis, who took the reins from her debate. They want to have an open de- campaign finance reform instead of predecessor, Barbara Cubin, and has bate. They want people to stand and caring about what the American people been a remarkable leader for Wyoming. say: Hi. My name is Joe. My name is care about and that is creating jobs. She has served Wyoming in a variety of Jane. This is my position. This is my Mr. President, I yield the floor. I sug- roles, as a lawyer, a rancher, a legis- position. Debate it. Then people can gest the absence of a quorum. lator, and State treasurer, now U.S. vote. The problem, if we do not fix this The PRESIDING OFFICER. The Representative. Now in her role in the Court case, is that you will never know clerk will call the roll. House, she continues to do an out- who is saying what, and that is not The bill clerk proceeded to call the standing job serving her constituents right. roll. and fighting for their interests in Con- That is akin to walking out into the Mr. ENZI. Mr. President, I ask unani- gress. school yard and getting hit from be- mous consent that the order for the It is clear there is no shortage of hind and you do not even know who hit quorum call be rescinded. women looking to stand and make a you and no one will tell you. How can The PRESIDING OFFICER. Without difference in this country. I am opti- you fight someone you do not know? objection, it is so ordered. mistic that we are continuing down a How can you participate in something f path that looks out for women’s best like that? So this loophole has to be closed. I think, and most people in my WOMEN’S EQUALITY interests and seeks to provide them with more and more venues to have State believe, that elections should be Mr. ENZI. Mr. President, one reason their voices heard and resources open, should be honest, should be I am proud to be from the great State known. transparent. Corporations can partici- of Wyoming is that our State is the Women serve as a pillar of strength pate, labor unions can participate, big land of many firsts. We have the first in our country. I am proud to recognize companies, small businesses. But you national park, which is Yellowstone the 140th year of Wyoming women vot- do need to disclose who you are in a re- National Park. We have the first na- ing, and this 90th anniversary of port. tional monument, which is Devils women in the rest of the United States I have an article from the Wash- Tower, and we have the first national gaining the right to vote and look for- ington Post. I wanted to have it blown forest, which is the Shoshone National ward to continually welcoming their up, but we had difficulty. I will try to Forest, just to name a very few. contributions and achievements. explain it, and I will hold it up so But another huge milestone and im- I yield the floor. maybe the cameras can see it. This portant first for our State is that we The PRESIDING OFFICER (Mr. says in the last cycle in 2008, 117 enti- were the first State to give women the FRANKEN.) The Senator from Lou- ties reported donations, and there were right to vote. We are pioneers in more isiana. 372 that didn’t. That ratio is about one- ways than one out West. That is how Ms. LANDRIEU. Mr. President, I un- third reported, and the other two- Wyoming got its nickname, the Equal- derstand we are in morning business to thirds did not. The trend is going in ity State. speak for up to 10 minutes. the wrong direction. More people are I rise to talk about an important an- The PRESIDING OFFICER. The Sen- participating but not saying who they niversary that our country recently ator is correct. are so nobody knows. The report for celebrated. August 26 was Women’s f this year, 2010, is already a ratio of 1 to Equality Day, marking the 90th anni- 6. So we are not even into the end of versary of women gaining the right to DISCLOSE ACT this election cycle. We are getting vote. Of course, that is 50 years after Ms. LANDRIEU. Mr. President, I close to it. The ratio is 15 have been re- Wyoming’s special vote. We just cele- have come to the floor to speak, as porting, 85 haven’t, which means about brated 140 years since Louisa Swain be- many of my colleagues have today, on only 1 in 6. It is all becoming secret. came the first woman in the world to the DISCLOSE Act, which is being I don’t think that is right for our vote. sponsored by Senator SCHUMER, pri- people. I think our people should know When the Wyoming territory was marily, and other Members of the Sen- who is saying what, what money is be- being considered to be a State, we were ate, to try to fix and make significant hind what ad so it helps them under- told to repeal women’s right to vote. adjustments to an area of law that is stand better the arguments and why Our legislators said: No thanks. It is very important to many Americans they might be seeing such ads. not worth that to be a State. Wyoming and actually is at the basis of the oper- I have a real problem, and I will give stood first and, of course, the rest of ation of our democracy. an example. The Presiding Officer may the country followed suit five decades Many of my colleagues have come to have this problem in Minnesota. We later. the floor to express their concern about have a big problem in Louisiana and The ratification of the 19th amend- the importance of fixing this, and the Florida with Chinese drywall. This ment to our Constitution was a land- DISCLOSE Act is how many of us in- product came in from China, and it is mark in our need to recognize the tend to try to get something fixed that rotten. When people put it in their voices of women and welcome their needs to be fixed. No matter if you are house, they get sick. Their kids get contributions to our country. Women a Democrat or Republican, conserv- sick. Their copper piping starts rot- have always offered a wealth of knowl- ative or liberal, or if you are a progres- ting. It is horrible. Our people had

VerDate Mar 15 2010 02:33 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.052 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE September 22, 2010 CONGRESSIONAL RECORD — SENATE S7335 their homes flooded, and we had to gut The assistant editor of the Daily Di- something that I think is helpful when their homes. We didn’t have enough gest proceeded to call the roll. you get into elective office. Now, un- drywall in the United States so we Mr. RISCH. Mr. President, I ask fortunately, New Hampshire’s vol- started needing it so much, it came unanimous consent that the order for untary spending cap law was struck from lots of other places. Some of it is the quorum call be rescinded. down in a decision very similar to the really bad. The PRESIDING OFFICER (Mr. Citizens United Supreme Court deci- So a couple of us have a bill that FRANKEN). Without objection, it is so sion. says: Don’t send us any more rotten ordered. When I look back at my three cam- Chinese drywall. We are going to try to (The remarks of Mr. RISCH pertaining paigns for the State senate in New pass that bill. to the introduction of S. 3825 are print- Hampshire, I spent about $20,000 each I think my constituents would like ed in today’s RECORD under ‘‘State- time. Fast forward to today and the to know, if they see an ad on television ments on Introduced Bills and Joint impacts of repealing that law by the saying how great drywall is, these ads Resolutions.’’) Supreme Court in New Hampshire, and that say this is a fabulous product, tell Mr. REID. Mr. President, I note the today candidates routinely raise and Senator LANDRIEU to support this prod- absence of a quorum. spend about five times that much. In uct, I think my constituents would like The PRESIDING OFFICER. The my campaigns for Governor, I raised to know if that is actually the Chinese clerk will call the roll. and spent about $1.25 million to $1.5 drywall company that is behind that The legislative clerk proceeded to million based on what the campaign product telling them not to vote for me call the roll. spending law was that year. Today, in because I am trying to protect them The PRESIDING OFFICER. The Sen- New Hampshire, serious candidates for from this company. That is one exam- ator from New Hampshire. Governor raise and spend several times ple, but I could give 100 examples. I am Mrs. SHAHEEN. Mr. President, I ask that amount. not saying the Chinese drywall com- unanimous consent that the order for Now, because of the Citizens United pany that sent us rotten drywall the quorum call be rescinded. decision, we can no longer limit the should not advertise, although I don’t The PRESIDING OFFICER. Without amount of spending by special interests think foreign companies should be ad- objection, it is so ordered. on Federal elections. But what we can vertising in elections in America. But Mrs. SHAHEEN. Mr. President, when still do and what we should do is re- let’s say it was an American company I was home in New Hampshire over the quire these anonymous groups to dis- that sent us this bad drywall. If they recess, I had the opportunity, as I am close who is funding their ads. That is want to argue against a bill, fine. But sure the Presiding Officer did, to see all exactly what the DISCLOSE Act does. at least let people know that is what of the television ads that are being run It also prohibits foreign corporations they are doing. If it is a labor union ad- by various candidates and special in- from spending money to influence vocating for something, let people terest groups. Already—again, I am American elections. I think unlimited election spending know. sure this is true in Minnesota and it is by anonymous groups and potentially That is why I support the Schumer true across the country—because of the foreign corporations poses a real threat bill. That is why I support the DIS- Citizens United decision by the Su- to our democracy. This should be a bi- CLOSE Act. That is why I think most preme Court, a decision many of my colleagues talked about earlier today, partisan issue. For years, it was. people in Louisiana support it. They As the Presiding Officer knows, be- might make up their minds, but they the airwaves in New Hampshire were flooded with ads from essentially anon- cause I have heard him talk about this, would like to know who is paying for back in 1997 the minority leader said— the ad. That is all this bill does. ymous, unaccountable special inter- ests. I think the question we all should this is back in 1997, so over 10 years I know there have been some friends ago—that ‘‘public disclosure of cam- from the other side who have come ask and certainly voters across this country should ask is, Who is really paign contributions and spending down and tried to convince the Senate should be expedited so voters can judge that we don’t have to tell people, that paying for these ads? Voters don’t know. Sure, the ads give the special in- for themselves what is appropriate.’’ we should have all of our elections in Then just this spring, even after the terest groups great mom-and-pop, secret. I think democracy is best Citizens United decision, Senator apple pie-sounding names, but voters served when people are educated, intel- CORNYN, the Senator who is leading the today have no way of knowing who is ligent, and informed about all aspects. Republicans’ election efforts, told the funding these groups and who is really Let them make their own judgments. Wall Street Journal: putting up the money for these ads. We live or die by that; we are either in I think the system needs more trans- office or we are not. Personally, I think there is too much parency so people can more easily reach I wished to express my support. I money being spent on elections these their own conclusions. hope we vote on it tomorrow. I wish we days. During the 1990s when I first ran I agree completely. If all the Sen- could get 60 votes in the Senate. It is for election in New Hampshire for the ators who are on public record sup- mind numbing to me and mind bog- State senate and then for Governor, in porting disclosure of campaign con- gling that we couldn’t have a handful New Hampshire we had a voluntary tributions voted in support of the DIS- of Republicans stand and say they too spending cap law. I think the law CLOSE Act, we would pass the DIS- believe we should have honest and open worked extremely well in limiting the CLOSE Act today by a wide bipartisan elections. It is not about corporate amount of money candidates could margin. money or union money. It is not about raise and spend. Under our State law, a I hope, as our colleagues on the other trying to block corporate money or in- candidate who didn’t want to volun- side of the aisle think about the DIS- crease union money or block union tarily limit campaign spending had to CLOSE Act and about what is hap- money and increase corporate money. obtain a certain number of signatures pening to manipulate our elections in It is just about disclosing the money from voters or pay a higher fee to get this country, that they will join me— from wherever it comes and having rea- on the ballot. And when that law was and all of us who believe that the best sonable limits that are fair to every- in effect, almost every candidate chose way to make sure that our democracy one. I don’t think that is too much to to abide by the voluntary spending remains strong and that we address ask. That is basically all this bill does. limit. That had two very positive ef- how money is being spent in elec- I support cloture and ending the de- fects. First, candidates could spend less tions—in supporting the transparency bate on something we don’t have to time raising money and more time and the accountability that is avail- take that long to understand. It is talking to voters about the issues they able to voters in the DISCLOSE Act. pretty clear. One is either for trans- faced. Second, a candidate needed to Thank you very much, Mr. President. parency or not, for disclosure or not, rely more on volunteers to help get I yield the floor. and we fought fairly for everyone. their message out because they didn’t Mr. REID. Mr. President, I note the I suggest the absence of a quorum. have as much money to spend on ads absence of a quorum. The PRESIDING OFFICER. The and staff. You also became very effi- The PRESIDING OFFICER. The clerk will call the roll. cient at how you spent your money— clerk will call the roll.

VerDate Mar 15 2010 02:26 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.054 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE S7336 CONGRESSIONAL RECORD — SENATE September 22, 2010 The legislative clerk proceeded to try are asking for this legislation. torially that these are the chairman call the roll. They want to know what food they can and ranking member of the committee, Mr. REID. Mr. President, I ask unan- put on the family’s dinner table, what who are both extremely easy to work imous consent that the order for the they can pack in their children’s with and good legislators— quorum call be rescinded. lunches, and is it safe. Harkin-Enzi amendment regarding The PRESIDING OFFICER. Without There is no excuse to wait any technical and conforming, and that objection, it is so ordered. longer. Our current food safety system once offered, the technical amendment f hasn’t been updated in almost a cen- be considered and agreed to and the tury. It is not keeping up with con- motion to reconsider be laid upon the UNANIMOUS CONSENT REQUEST— taminants that cause these problems, table; Coburn amendment regarding S. 510 and new ones come along all the time. offset for cost of bill; Feinstein amend- Mr. REID. Mr. President, America The FDA doesn’t have the authority or ment regarding BPA; Leahy amend- has one of the safest and most abun- resources it needs to keep up with the ment regarding criminal penalties; dant food supplies in the world, but it modern advances and expansion in food that upon disposition of the listed is not perfect. Foodborne illnesses processing, production, and marketing. amendments, the use or yielding back sicken one in every four people every This bill will fix that. The bipartisan of all time, the Harkin-Enzi substitute year. Twenty-five percent of people get bill called the FDA Food Safety Mod- amendment, as amended, be agreed to; sick from foodborne illnesses every ernization Act would improve the sys- that the committee-reported substitute year. As many as 5,000 Americans die tem while minimizing the regulatory amendment, as amended, be agreed to; from food poisoning every year. burden. and that the bill, as amended, be read The bill we are attempting to bring It gives the FDA mandatory recall the third time and the Senate then pro- to the floor today is a very simple bill. authority of contaminated foods, sets ceed to vote on passage of the bill. It will make our food safer. It is a bi- up a system to allow the FDA to keep Before the Chair rules, I should have partisan bill that was reported out track of foods so we can find out where mentioned earlier in my remarks that unanimously from the HELP Com- the contaminated food came from and the person who has been heard on this mittee, and there have been negotia- stop it quickly from getting to grocery for months has been Senator DURBIN. tions going on for a long time—months stores. It strikes the right balance be- This is something he believes in, as he and months. tween assuring consumers that food is can come to believe in things so in- People often think of food poisoning safe, without overburdening farmers tently. I respect the work he has done as an upset stomach that goes away in with new regulations. It makes no on this bill, keeping it always at the a few hours or maybe a day or two. changes to the current organic pro- front of my attention list. Sometimes that is all it is, but some- gram run by the U.S. Department of The PRESIDING OFFICER. Is there times it is much worse. I have met Agriculture. objection? with families from Nevada who have Nothing could be more important Mr. COBURN. Mr. President, reserv- been seriously sickened by food they than using our time here in these wan- ing the right to object, and I will not have eaten, people who have been hos- ing days before the election to help our object if the Senator changes the pro- pitalized for weeks and months and a constituents. Nothing should be less posed agreement to say that the only number of whom came very close to controversial than keeping them out of amendments in order, other than the dying. In some of these cases, they will harm’s way. So let’s move to this com- committee-reported substitute, will be deal with the results of their food poi- monsense bill and pass it. That is why these three: Harkin-Enzi substitute soning for the rest of their lives. we are here—to do things to help the amendment, which is fully offset and One of the little girls I met with is American people. This would do that. has been agreed to by both managers, named Rylee Gustafson. She is from I also add that the committee has which will be agreed to as original text Henderson, NV. This little girl, when worked very hard. They have nego- for the purpose of further amendment; she was 9 years old, was doing what her tiated and negotiated and negotiated. the Harkin-Enzi technical amendment; mom asked her to do: eat her salad. They had different versions. They kept and the Tester amendment in regard to The salad had spinach in it. E. coli was moving forward, and finally it was all small farms. in there with the spinach. She got so done. We thought we were going to be The PRESIDING OFFICER. Does the very sick. I have seen her on a number able to get this done. But it appears we leader so modify his request? Mr. REID. It is my understanding of occasions. She is a beautiful child, have one person who doesn’t want this that my good friend from Oklahoma but she is going to be small all of her bill to pass, and that is unfortunate. Mr. President, I ask unanimous con- would have no amendment. life because of that illness. She was Mr. COBURN. I would not need one sent that at a time to be determined by hospitalized for a long, long time and because the bill would already be off- me, following consultation with Sen- survived. Three others got E. coli from set. fresh spinach, and they died. She ator MCCONNELL, the Senate proceed to Mr. REID. What I say to my friend, I didn’t. the consideration of Calendar No. 247, think this is something I would like to I also had the opportunity to meet the FDA Food Safety Modernization take a little time—not a lot of time— with the Rivera family in Las Vegas. Act, S. 510, and that when the bill is to talk to my friends, Senators DURBIN, Linda Rivera also became sick from E. considered, it be under the following HARKIN, and ENZI, and see if there is coli from cookie dough. Last October, limitations: that general debate on the something we can do to move this she was in a coma and on life support, bill be limited to 2 hours, equally di- down the ballfield; if not, we can come and doctors didn’t know if she would vided and controlled between Senators back again and talk about this. survive, but she did. She is still recov- HARKIN and ENZI or their designees; In light of my friend’s request to ering. The effects will be with her for that the only amendments in order, modify my unanimous consent request the rest of her life. It is food poisoning. other than the committee-reported and my inability to intelligently re- It will be a long road back to full substitute, be those listed in this spond to it because it is something I health for Linda. We hope she arrives agreement, with debate on each of the had not anticipated, I will be happy to to that. listed amendments limited to 30 min- withdraw my request, and I will renew Last month, there was another big utes, with the time equally divided and it at a later time if I can come up with recall. This time, it was eggs contami- controlled in the usual form; further, something that is more appropriate. nated with salmonella. More than 2,000 that when any of the listed amend- Mr. COBURN. I thank the leader. people have been sickened during this ments are offered for consideration, the I ask unanimous consent to be recog- outbreak. reading of the amendments be consid- nized for 15 minutes. The egg recall and stories such as ered waived, and the amendments not The PRESIDING OFFICER. The Rylee’s and Linda’s and their families be subject to division: Harkin-Enzi sub- unanimous consent request is with- and what they went through illustrate stitute amendment; Tester amendment drawn. the need for food safety legislation. regarding small farms and facilities; The Senator from Oklahoma is recog- People in Nevada and across the coun- Harkin-Enzi amendment—I add edi- nized.

VerDate Mar 15 2010 02:26 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.057 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE September 22, 2010 CONGRESSIONAL RECORD — SENATE S7337 Mr. DORGAN. Mr. President, I won- lot of money, without solving the real spending the next two generations’ der if the Senator will modify his re- problem. The only way we get to the money, when we can’t make the pri- quest so I might be recognized fol- real problem is to have the FDA up ority choices. The fact that we have re- lowing his 15 minutes. here once a week for the next 4 weeks fused to say we are going to eliminate Mr. COBURN. I have no problem. and have the USDA up here once a something that is very low priority to The PRESIDING OFFICER. Without week for the next 4 weeks, talking be able to have a food safety bill, then objection, it is so ordered. about these critical crossover issues. that tells the American people we are Mr. COBURN. Mr. President, there is In the bill, it actually states that not up to the task of getting us out of nobody in this country who doesn’t nothing in this act or an amendment our problems. want our food to be safe. There is no made by this act shall be construed to I know everybody in this body wants question, we all rely on the intent that alter the jurisdiction between the Sec- safe food—even me. I am not tired of the vast majority of food is safe in this retary of Agriculture and the Sec- taking the hits for holding up this bill. country. There is no question that we retary of Health and Human Services. We can’t be perfect on food, but we can have some problems with food safety. In other words, there is a prohibition be a whole lot better. This bill can But the biggest problem we have is in to alter the responsibility so we might solve some of the problems, but it is fixing the symptoms of the problem have safe food—in other words, to hold not complete. It hasn’t looked at the rather than the problem itself. one agency accountable, rather than levels it needs to straighten out the bu- I hope America will pay attention to two so one can point the finger at the reaucracy on food safety. It hasn’t this. Ask yourself why it took the Food other. We had a House hearing today eliminated the overlap. Nobody with and Drug Administration 10 years to on the egg recall, and the fact is that any common sense says you will have give us an egg safety standard and that is what happened. USDA knew there pizzas in the grocery store, one con- no oversight committee of either the were problems. But the FDA didn’t trolled by the USDA and one by the House or the Senate, through the pre- know there were problems until after FDA. vious 10 years, held an oversight hear- somebody got sick. It is clueless. It does not fit. The rea- ing to ask why it has taken 10 years to So we create a high level of addi- son the one that does not have any get that egg safety standard. It came tional regulation, a high level of var- meat on it is controlled by the FDA is out 10 days afterwards, coincidentally, ious inspections—and I am not against because it has a milk product. It has to the salmonella infection we have re- inspections. I eat salad like the rest of cheese. But the one that has pepperoni cently seen. us. Sometimes I am not accused of As a practicing physician who has being human, but, in fact, I consume on it has cheese too. How did we get treated Shigella, Salmonella, Yersinia the same food everybody else does. I there? Where are we going to establish pestis, Campylobacter, and Listeria don’t want to get sick from it. But we responsibility and accountability with monocytogenes, which are infectious can’t continue to pass bills that pile on the agencies that are responsible for gastrointestinal bacterial diseases that regulations that cost the American food safety? can come from food, I want it to be people $1.5 billion and don’t fix the real I look forward to working with the safe. What I want more than that is for problem. That is the problem. My ob- majority leader. I will take a less than the organization that is supposed to jection is it is not paid for. perfect bill anytime. But I will not keep it safe to do its job. The problem I will hear the objection that it is an take a bill that is not paid for and does with this bill, besides it not being paid authorizing bill. Oh, really. It is just not come out of the hides of our chil- for, is it doesn’t fix the real problem. an authorizing bill. So that means dren and grandchildren. The American public should know, if there is not any money going to be I yield the floor. you go to the grocery store anywhere spent? Then we aren’t passing the bill The PRESIDING OFFICER. The Sen- in this country and buy a pepperoni to do what we want it to do. Because if ator from North Dakota. pizza, the FDA is responsible for food we say we are not responsible for f safety. But if you buy a cheese pizza, it spending another $1.5 billion, then TRADE is the USDA. How does that make any there is no problem. It is not spending sense to anybody in America? money. If it is not spending money, it Mr. DORGAN. Mr. President, there is What happened on the farms in Iowa, is not going to do anything. But if it is a lot of talk and politics on the floor of as far as eggs, is the USDA knew there spending money, we ought to decrease the Congress always about something was a problem, but they didn’t tell the the priority somewhere else within the called the American dream. People FDA because the FDA is only respon- waste of the USDA—which there are talk about the American dream. I sup- sible for the egg once it gets out of the billions—and within the FDA, which pose we reflect on that and think the chicken. Which came first, the chicken has tons of properties they are not American dream is about a time the or the egg? It was then shipped and was using that could pay for this bill eas- American people have a job that pays the responsibility of the FDA. ily. We ought to eliminate the things well, a job with security, a career with This bill doesn’t address any of those that are not working. a growth ladder to it, a family, a home, problems. As we look to solve a very So I want our food to be safe. As a living in a nice community, living on a critical and real problem—and I ac- practicing physician, I know the public safe street—the American dream. knowledge Senator DURBIN’s work on health aspects of this bill. But I refuse We look at the history of this coun- this and that of our chairman and to go forward when we continue to try and discover that beginning early ranking member. I had a staff member make the same mistakes that have in the last century, we started chang- at every meeting they had raising given us a $1.4 trillion deficit and have ing things in America—lifting up peo- these same objections. We now have a given us lack of control and oversight ple, doing a whole series of things to bill that will cost the American public of the bureaucracies. The biggest thing develop a group of middle-income $1.5 billion over the next 5 years that is, we are not holding anybody ac- Americans. We have been enormously doesn’t fix the real problem. countable for this because we will pass successful, perhaps more than any The real problem is the lack of focus this. Then, the next time there is a other country in the world. We ex- of the agencies to do their job. It does food problem, in terms of contami- panded a middle class. not eliminate the crossover and lack of nated food, we will pass something Now things are changing, and we see consistency. If you buy red meat in the else. In between times, there will not that people are upset, nervous, and in store, you only have to trust one agen- be the first oversight hearing to say: some cases angry. We see reports that cy. But if you buy an egg, you have to What did we do that didn’t work and they worry their children will not have trust two. If you buy a salad or lettuce, show us a result that works. Is it effi- it as good as they have it. They worry you have to trust two. They are not cient, effective, and did it improve the about the future. talking to one another. There is noth- safety of the food? We will not do that. What is at the root of all of that, and ing in this bill that makes them do We will just react and pass another what can we do about all of that? Ev- that. bill. eryone wants to do well. All of us have What we have done is we have cre- I am through passing bills that don’t hopes and aspirations for ourselves, our ated a lot of new regulations, with a solve the real problems. I am through children, our families—the American

VerDate Mar 15 2010 02:26 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.059 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE S7338 CONGRESSIONAL RECORD — SENATE September 22, 2010 dream. Someone once asked J. Paul job, so they were going to loaf all day premise that outsourcing is good for Amer- Getty: How is it that you can be suc- and not do their work? No, it was not ica. cessful? Give me the elements of suc- that at all. In search of low wages, this Another quote, if I may, from Dr. cess. company decided: We are going to Asia Paul Craig Roberts: He said: It is very simple. No. 1, go to to produce this furniture. In order to penetrate and serve foreign school and get the best education you I mention Stanley Furniture. The markets, U.S. corporations need overseas op- can get. No. 2, get a good job and work other day I mentioned a furniture com- erations . . . However, many U.S. companies really hard. And, No. 3, strike oil. That pany from Pennsylvania because I had use foreign labor to manufacture abroad the is the advice of J. Paul Getty. just been to Philadelphia—Pennsyl- products they sell in American markets. If I suppose that works if you are J. vania House Furniture. It has a very Henry Ford had used Indian, Chinese and Paul Getty. But his advice, of course, similar story in many ways. Pennsyl- Mexican workers to manufacture his cars, Indians, Chinese and Mexicans could possibly makes a lot of sense on the first two vania House Furniture, made for a cen- have purchased the Fords but not Ameri- points: get the best education you can tury in Pennsylvania, upper level fur- cans. niture, fine furniture made by crafts- and get a job and do well, work hard. Because they would not have had the The problem is today, in late Sep- men, one day it was purchased by La-Z- jobs. Pretty prescient. Pretty inter- tember of 2010, a lot of people woke up Boy, and La-Z-Boy decided: We do not esting. this morning without a job and cannot want to make Pennsylvania House Fur- This is a chart that shows Stanley find one. It is estimated there are niture in Pennsylvania. We want to Furniture’s workers in the manufac- about 20 million Americans this morn- take the Pennsylvania wood and ship it turing plant. But, of course, that was ing who woke up unemployed. Most of to China, have them put it together, then, and now it has gone to Asia. them put on their clothes and went out and ship it back to America to be sold. I want to show this picture only be- looking for work, a triumph perhaps of They told all the workers: You are cause the Los Angeles Times needs to hope over experience because many of done. It is over. The plant is closed. know this. I spoke of this subject some On the last product of the day, on the them have tried for a long while and while ago and showed a picture of the last day at work, these craftsmen who have not been able to find a job. And dancing grapes that represented the ad- made this fine furniture for Pennsyl- they are very worried there may not be vertising campaign for Fruit of the vania House Furniture turned over the a job for them in the future. Loom underwear. They left America We had 2.1 million workers in the last cabinet that came down the line, and are produced elsewhere. The Los past two years having to leave manu- the last one they had made, and they Angeles Times wrote a piece saying I facturing plants, losing their jobs as all signed their names—proud crafts- was on the floor of the Senate talking manufacturing workers. Those are men working for a company that ex- about underwear, not describing that I often the very good jobs. They pay well isted over 100 years, the last piece of was talking about trade and the move- with good benefits, in most cases. Mr. furniture ever to be made with Amer- ment of jobs overseas. If they write President, 2.1 million of them have lost ican hands. Jobs gone. about it again, they might mention I their manufacturing jobs in the last 2 The list is endless. This is not a short was talking about jobs moved overseas years; more than 5 million have lost list. Hershey chocolates, York pepper- that were performed by American their jobs since 2000. mint patties: ‘‘The cool refreshing What do we do about that? What can taste of mint dipped in dark chocolate workers to produce Fruit of the Loom. I have described often Radio Flyer— we tell the American people when they will take you miles away.’’ In fact, it a little red wagon made in Illinois for see their neighbors, their friends, and will take you so far away it will take over 100 years by an immigrant who their relatives searching for a job, hav- you to Mexico because that is where put together a company—that almost ing been laid off from somewhere they they moved those jobs when they shut every child has experienced. Almost worked for 15, 20, 25 years? Then they down the mint Hershey’s plant in the every American child has ridden in a read in the paper that in Stanleytown, United States of America. It will take Radio Flyer little red wagon. But they VA, a company was started by a man you miles away. It certainly took away are not made in America anymore. named Thomas Stanley, a young dairy the jobs of those who were working there. They have gone to China. farmer in southern Virginia, who de- Huffy bicycles, gone to China; left cided he wanted to create furniture I am not going to go through all these charts because I have done it be- Ohio, gone to China. Not made for $11 that was of superior craftsmanship and an hour by an Ohio worker, as was the affordable still, so he started making fore. I know what repetition means around this place. But I want to talk case, but made now by Chinese workers furniture. It became Stanleytown, and who make 50 cents an hour, working 7 he employed highly skilled craftsmen, just for a moment about the con- sequences of this to a lot of people days a week, 12 to 14 hours a day. 1,300 people who carried on his vision I have often mentioned, and will at a manufacturing plant of 1.7 million whose names we do not know and faces we would not recognize but who are liv- mention again, that all of these folks, square feet. on the last day of work, when they Then those who make Stanley fur- ing as victims of something they can- not control. That is the erosion of walked out to the parking lots after niture woke up a couple months ago having been fired so their jobs could be and read this in the paper: America’s manufacturing base with jobs shipped overseas wholesale and the moved to China, left pairs of empty Stanley Furniture’s decision to close its shoes in the parking lots saying: Yes, plant in the small town that bears its name hollowing out of America’s manufac- fell like a hammer blow on southern Virginia turing capability. you can move our jobs, but you will and resounded across an industry increas- Why does that matter? No. 1, because never replace us. They are never going ingly moving overseas. More than 500 em- a lot of people are losing jobs who need to replace these workers. ployees will lose their jobs this year as the jobs in this country. And, No. 2, this This represents a photograph of a manufacturer shuts down its Stanleytown, country will not remain a world eco- company called HMC. Not everybody is VA, plant, where the company has made fur- nomic power unless we have a world- moving overseas. There are some man- niture since 1944. class manufacturing capability. That is ufacturers—and I want to pay atten- Where is it going? It is going to Asia. just a fact. tion to what the owner of HMC said re- Those 500 people—I do not know their The question is, When will we stand cently. They make high-tech gear- names. I cannot tell you who they are. up for this issue and decide we have to boxes, high-tech machinery. HMC— I would not recognize their faces be- do something about the export of made in America and enormously cause I do not know any of them. But American jobs? proud of it. I am sure those 500 people are paying Paul Craig Roberts—I have met Let me mention what the president an enormous price in their lives for him—former Assistant Treasury Sec- and CEO of HMC said: having lost jobs at a plant in a com- retary under President Reagan said: Offshoring in search of higher profits is a pany that produced a product about Outsourcing— mistake . . . because it ignores manufac- which they cared very deeply. Gone to He means outsourcing of jobs— turing’s larger purpose in U.S. society. Asia. Why? Were these bad workers? is rapidly eroding America’s superpower sta- This is from the CEO of an American Did they decide it was a job, but just a tus. Only fools will continue clinging to the manufacturer. Further he says:

VerDate Mar 15 2010 02:26 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.061 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE September 22, 2010 CONGRESSIONAL RECORD — SENATE S7339 It’s my belief that every American citizen, foreign vehicles. Ninety-eight percent that after a long struggle and doing the not only me, should feel strongly about of the cars on the road in Korea are things that are necessary to improve maintaining one of the most important cul- made there. They are made and manu- things, as we have done in the struggle tures we have, and that is manufacturing. factured in that country. Now, is that for workers’ rights, the struggle for Good for Mr. Robert Smith, wherever an accident? That is exactly what the safe workplaces—and people were he is. Good for Mr. Smith, president Korean Government wants. They do killed over those struggles. I described and CEO of HMC, believing that manu- not want foreign cars, and they do all in the first book I wrote about James facturing is important in this country. kinds of things to keep them out. They Fyler who was shot 54 times. You know What does all this mean? Our econ- want jobs for their people. why he was shot 54 times in Ludlow, omy is in some significant trouble for a So we now have a trade agreement CO? Because he believed people who couple of reasons. No. 1, for about a with Korea that we have not yet rati- went underground and dug for coal decade and a half or two decades, we fied or voted on in the Senate, and they ought to be able to work in a safe have pursued a different trade strat- didn’t address the automobile issue. It workplace and be paid a decent wage, egy—a trade strategy in which we have is unbelievable to me. Why would they and for that he was killed. refused to stand up for our economic do that? How about standing up for our We have struggled for a century to interests. interests, for our workers? raise standards, to get safe workplaces For the first 25 or 30 years after the So, Mr. President, the reason I came and decent wages. Now, all of a sudden Second World War, it was just under- to the floor of the Senate is that there we are told it is a new world order. We stood that we were the biggest, the is now on the calendar a piece of legis- should compete with workers who are best, the strongest—we were American. lation that would at least begin the going to work 7 days a week, 12 to 14 Whether it was trade competition or process of trying to even up some of hours a day, for 50 cents an hour. If we any other competition, we could beat the trade issues. We actually, strangely can’t compete with that, tough luck. anybody in this world with one hand enough, give a tax benefit for U.S. com- That is what they told all the folks tied behind our back. Much of what panies who decide they are tired of at Huffy bicycles. They said: If you was imported were trinkets that were manufacturing in America. If a com- can’t compete with the Chinese prices, inexpensive trinkets that were pretty pany says: Let’s get rid of those work- you are out of luck because that is our worthless. We made products that were ers. Let’s lock up that manufacturing standard. The list is endless. Just made in America, products that lasted, plant. Let’s send the jobs to Senshen, about every kid has played with Etch A products that worked, products on China, and manufacture there. Then we Sketch. Everybody knows what Etch A which you could count. will ship those bicycles and wagons and Sketch is, a toy made in America. It But in the second period following trailers and trucks and garage door was the principal employer of a town in that first quarter century after the openers back, and we will sell them to this country. But no more. Walmart Second World War, things have Americans. That is what we will do. told Etch A Sketch: You won’t be mar- changed. We have largely had And our country says: You know what. keting at Walmart unless you meet concessional trade practices. It used to That would be good. Why don’t you do this price, and Etch A Sketch has gone be we just did outright foreign aid to that—fire your workers, get rid of your to China. All those people who were help other countries. Not anymore. We manufacturing plant, go to China, and proud of making a children’s toy are have for the last 20 years or so done I tell you what we will do. We will give now not working. concessional trade practices to help you a tax break for doing it. Mr. BROWN of Ohio. Mr. President, other countries. We have said: We will We have voted four times in the Sen- will the Senator yield for a question? do a trade agreement with you that is ate to eliminate that tax break. I have Mr. DORGAN. I would be happy to unfair to us because we are bigger and offered that piece of legislation four yield. stronger and better than you are. So times. On all four occasions I have lost Mr. BROWN of Ohio. I have been lis- here is a trade agreement. We have the vote. We are now about to vote tening with fascination to the Sen- done that time after time. Therefore, again in the coming days. Maybe at ator’s speech because there is nobody we now have very large trade deficits. last—at long last—when 20 million who comes to the floor and better ex- Let me show the consequences of a Americans can’t find work, maybe we plains jobs, trade, trade policy, and tax trade agreement. will see if we plug the drain just a bit policy and what it does to our commu- We have trade agreements with on these jobs that are moving out of nities and our workers. Korea. Here is the issue of automobiles this country at a rapid pace to be lo- The Senator mentioned two very well with Korea. Last year, because we had cated in low-wage countries around the known American companies, and both a deep recession, we were not buying as rest of the world. Maybe now is the happen to be from my State—Huffy bi- many cars. Last year the Koreans put time. Maybe people here will say: You cycles and Etch A Sketch, which is a on boats and sent to this country know whose interests I stand up for? company called Ohio Art in Bryan, OH. 467,000 cars made in Korea—467,000 Ko- The workers in my State, American That is exactly what happened. rean cars. Those are Koreans who go to workers, people who are producing Walmart came to Ohio Art and said: work in the morning to a job. They are good products that say made in Amer- We want to sell Etch A Sketch for less making cars. They are pleased as ica. money than we are selling it for now. punch they make cars because they sell When I speak this way, there are So they had no choice. them in Detroit, Bismarck, and Den- some who will say: Well, you are being But let me ask the Senator, it seems ver. a protectionist. You want to change to me that there has not been anytime Here is what we were able to sell in things. You are being a protectionist. in recent history where U.S. companies Korea: not 467,000 cars, Korea allowed You are a xenophobic isolationist have put their business plans together us to send 6,000 cars to Korea. stooge. You don’t get it at all. It is a in this way: Instead of manufacturing One might say: Is that an accident? new world order. We have all these something, cutting costs, and treating Of course, it is not. It is exactly what countries who can do things cheaper their workers decently and contrib- the Korean Government wanted. They than we can do them, and you don’t uting to the community—which Amer- want the jobs in their country. They seem to understand that. So you are ican companies have done for genera- want to make the cars in their country just a protectionist. tions and is why we have such a strong and send them here, and they do not Well, let me plead guilty to wanting middle class—it seems that the busi- want our workers making cars we send to protect our country’s economic in- ness plan for so many large American to Korea. terest. I would hope every desk in this companies is to move their production If you wonder about that, I have an- Chamber would be occupied by some- offshore, obviously getting less expen- other chart that shows what you will one with similar instincts and wanting sive labor, avoiding environmental and confront on the roads in South Korea. to stand up and protect the economic worker safety rules, and then selling If you drive down the road in South interests in this country. the product—well, first lobbying Con- Korea, what you will see are a lot of I am not interested in withdrawing gress to change the rules, as they did vehicles, and you will see almost no from the world. I am saying, however, with PNTR for China, but moving their

VerDate Mar 15 2010 02:26 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.062 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE S7340 CONGRESSIONAL RECORD — SENATE September 22, 2010 production out of the country, off- others have said we are talking about major company moving overseas, we shore, producing it, and then selling it the potential of tens of millions of ad- see devastation in the entire supply back into the home country. ditional American jobs leaving unless chain of component manufacturing. I That is a curious business plan that there is a strategy to understand that am sure you saw that with Huffy bicy- many American companies follow. I our participation in the global econ- cle. There is the manufacturer that hear those companies say to me: Well, omy is designed to raise up others, not made the steel, that stamped the fend- we have no choice but to go offshore push down our standards. It is designed ers, that made the tires and the spokes for the cheapest production because to be in our economic self-interest to that were taken to Huffy—I think to our competitors are doing that, even try to keep Americans employed in Celina, OH, in those days—to assemble. though they lobbied Congress to help good jobs that pay well. So all of them lose. change the rules. I mean, it is a bit So we have a lot to do. I mentioned, In smaller communities, as the Sen- cynical but a curious business plan Senator BROWN, that we are likely to ator knows, a manufacturing plant of- that you leave behind the community have another vote in the Senate in the tentimes has a husband and wife both that built you up and you move some- coming days on the question of shut- working at the same plant, making $12 where else and then you sell the prod- ting down this unbelievably ignorant to $15 an hour. Their whole lives are ucts back to the country in which you provision in tax law that says if you upended because all of a sudden they were founded. leave America and get rid of your have lost both jobs in their family. Mr. DORGAN. I would say to the Sen- workers and padlock your plant and Thirty years ago, 30 percent of our ator from Ohio that it is a business then go produce the jobs in China or GDP was in manufacturing and only 11 plan these days for too many compa- India and then sell back here, we will percent was in financial services. That nies. Not all, but too many. There are give you a tax break for doing that. We number has flipped now, and look some companies—and I just described a would like to reward you for doing where it got us. Only 11 percent of our company, a CEO, and I was giving him that. The other side of that is that a country’s GDP is now as a result of credit because what he said is impor- lot of American business men and making things. We know how to make tant—a company called HMC. It is a women who started their companies things in this country, and we are los- company that manufactures very high- here don’t intend to go anywhere. They ing that ability. Without a real manu- tech products in this country. He says: are here and they are proud of it and facturing policy—more than a strategy It’s my belief that every American citizen, they are not leaving. They are going to but a policy—like every other country not only me, should feel strongly about hire their friends and neighbors in has, we are going to see a decline in the maintaining one of the most important cul- their communities, and they are going middle-class long term. tures we have, and that is manufacturing. to make the best products possible. I thank the Senator. The fact is, we are in a situation They are going to stick a made-in- Mr. DORGAN. Well, I thought it was where a lot of companies have decided America label on it. But they are dis- interesting that when the Senator from they would like to produce elsewhere, advantaged. It is not just the workers Ohio and I worked hard on putting to- hire other workers, but they would like but those American business owners gether the Economic Recovery Act to American consumers to buy their prod- who are now having to compete against try to put a net under this economy ucts. The question in the longer term the one that was across the street and and stop it from collapsing—and we is, Who is going to buy those products then went to China and now has a were probably close to having a com- if American consumers don’t have jobs? lower tax rate because our Tax Code plete collapse. Despite the folks who I mean, that is the question. says that is fine. come to the Senate floor who say no I have talked a little about China. I I hope at long last that maybe we jobs were created, the CBO says 3 mil- am chairman of the Congressional Ex- will have enough people here with the lion jobs were created or saved. But ecutive Commission on China, and I courage to say: It is not fine with us. It when we put that together, Senator just chaired a hearing for 2 hours about is not fine with people who are unem- BROWN from Ohio and I and others the issue of piracy and counterfeiting ployed in this country. It is not fine wrote something called a ‘‘Buy Amer- and so on in China. One of our wit- with business men and women who are ican’’ provision, and people nearly had nesses described something I had writ- disadvantaged because of it. apoplectic seizures here. They were ten about in my book as well; that is, Mr. BROWN of Ohio. Will the Senator doing cartwheels in the Chamber, so American businesses should know their yield once again? upset and concerned and nervous about intellectual property is not secure in Mr. DORGAN. I will be happy to what this would do, if with our money, China. It will be stolen. yield. in order to employ our people, we de- I am not a big fan of them—in fact, I Mr. BROWN of Ohio. I thank the Sen- cided to buy our products. How selfish have fought the pharmaceutical com- ator. is that, they would say. pany pretty tough on the floor of the I would add that a major manufac- It was exactly the right thing to do. Senate—but Viagra, made by Pfizer, turer that leaves from Minneapolis or Why would we try to stimulate eco- was quickly reengineered in China and leaves from Cleveland or from North nomic recovery in America by buying just sold without any respect for prop- Dakota is a company that has the re- goods from China or Japan? So what erty rights or intellectual property sources to do that, and that company we tried to do is to say that there rights. In fact, the witness over at the has a multitude of component manu- should be a preference with these funds hearing this afternoon said the Chi- facturers in its supply chain and that to buy American. But even that was nese, once they reengineered Viagra large company that leaves may be its unbelievably controversial. We got it and sold it on their own basis, had a biggest customer. Perhaps it is a big done, and I am pleased we did. new twist on it. They were putting it in assembly plant that leaves to go to While the Senator is here, I wanted soft drinks and hot dogs. So it was kind China. The component manufacturer to make the point that the Huffy bicy- of interesting to hear this guy, who is that sells to that auto assembly plant cle story is almost the perfect storm of an expert in intellectual property has all of a sudden lost its biggest cus- everything that is wrong. These are rights, describe his view. tomer. It is not big enough to move to workers in Ohio who made $11 an hour He finally said, by the way, Pfizer China, so it loses 30 percent of its cus- plus benefits and then they all got has won a case against the Chinese for tomer base. fired. I have described about their leav- reverse engineering of Viagra. But this So it is not just the company that ing their empty shoes in the parking discussion is not about that, it is about moves and what that does to American lot on the last day of work and so on. jobs in virtually every industry in this workers and companies and commu- But the Huffy bicycle was sent to country. There are service industries nities, it is also those multitude of China. I described the conditions under that can never leave, of course. You component manufacturers. In the auto which they are now made. This brand can’t take a taxicab driver’s job and industry, for instance, there are way still exists. It is still sold in major move it to China or India because they more people working in the supply American stores, Wal-Mart and Kmart have to drive a cab up and down an chain than there are in the actual as- and so on. But once it was sent to American street. But Alan Blinder and sembly plant. So in the wake of a China, it declared bankruptcy and then

VerDate Mar 15 2010 02:26 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.063 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE September 22, 2010 CONGRESSIONAL RECORD — SENATE S7341 the Chinese bought the brand. The well. I have spoken previously about no force is greater in our elections bankruptcy meant that not only did the New York Times 1-inch story about than the power of voters across our cit- the workers in Ohio lose their jobs, the a man named Stanley Newberg. Stan- ies and towns, and no voice is louder Federal Government here, under the ley Newberg, with his father, left his than citizens who care about making Pension Benefit Guaranty Corporation, country in Europe to flee the persecu- their State and country a better place assumes the pension of the fired work- tion of the Jews, landed in New York, to live. ers, and China ends up with the brand. went peddling fish with his dad, went The DISCLOSE Act helps preserve We still buy the bicycles but the people to school, an immigrant kid, went to those American values in a lot of ways. are out of work and we are stuck with college, became a lawyer, went to work First of all, it shines a very bright the pensions. for an aluminum company, managed spotlight on the entire process. The It is almost a perfect storm of what the place, finally bought the place, DISCLOSE Act will make corporate is wrong with what we are doing in this then died. When they opened his will he CEOs and special interest leaders take country. The question is, when will it left his $5.7 million to the United responsibility for their acts. When can- ever change? The minute we talk about States of America, he said, with grati- didates put up campaign commercials it the Senator from Ohio will be tude for the privilege of living in this on television, we put our faces on our called—well, he’s one of those protec- great place. What a wonderful thing to ad and tell every voter we have ap- tionists. He has a narrow head; doesn’t hear. What a wonderful thing to do. It proved the message. We don’t try to understand the breadth and depth of is a wonderful reminder, it seems to hide what we are doing. But right now this new global economy. They say me, how important this place called corporations and special interest that about me and all of us who say America is in the heart of many people. groups don’t have to do that. They can this doesn’t add up. I yield the floor. put up deceptive or untruthful ads with We have to stand up for this coun- The PRESIDING OFFICER. The Sen- no accountability and no ability for try’s economic interests. We don’t need ator from Washington. the public to know who is trying to in- to put a fence around America. We f fluence them. don’t need to decide there is not a The DISCLOSE Act also strengthens world economy—there is a global econ- THE DISCLOSE ACT overall disclosure requirements for omy. We need fair rules and to stand up Mrs. MURRAY. Mr. President, I come groups who are attempting to sway our for our economic interests, and that to the floor once again to speak in elections. Too often, corporations and has not been the case; it has not. strong support of the DISCLOSE Act, special interest groups are able to hide The question is what do we do about which would close the glaring cam- their spending behind a mask of front that. At least you can take a baby step paign finance loopholes that have been organizations because they know the in the right direction. One of my re- opened by the Citizens United ruling. voters will be less likely to believe grets, serving in this institution, is This Supreme Court ruling was a true their ads if they knew the motives be- that I may well leave this institution step backward for our democracy. It hind the sponsors. The DISCLOSE Act without having succeeded, at least on overturned decades of campaign fi- ends that. It shines a light on this this issue. I have been proud to partici- nance law and policy. It allowed cor- spending and makes sure voters have pate in a lot of things that have been porations and special interest groups the information they need so they successful in advancing public policy to spend unlimited amounts of their know what they can trust. but this has meant a lot to me. I think money influencing our democracy and This bill also closes a number of America is losing its capability, its en- opened the door wide for foreign cor- other loopholes that have been opened ergy, it manufacturing base. People are porations to spend their money on elec- by the Citizens United decision. It bans losing hope, with nearly 20 million of tions right here in the United States. foreign corporations and special inter- them out of work. I think it is very im- The Citizens United ruling has given est groups from spending in our U.S. portant for us to understand we have to special interest groups a megaphone elections. It makes sure that corpora- address this issue. they can use to now drown out the tions are not hiding their election There is no social program in this voices of average citizens in my home spending from their shareholders. It country as important as a good job State of Washington and across the limits election spending by govern- that pays well. That is a fact. We have country. The DISCLOSE Act would ment contractors, to make sure tax- to find ways to put people back to tear that megaphone away and place it payer funding is never used to influ- work in this country. People say inno- back in the hands of American people, ence an election. It bans coordination vation—I am all for innovation. But we where it belongs. between candidates and outside groups innovate, we create the product, but I am extremely disappointed that on advertising so that corporations and they manufacture it somewhere else Senate Republicans continue to block special interest groups can never spon- and the jobs are gone. It is very impor- this critical legislation. This is a very sor a candidate. tant for us to rebuild our manufac- personal issue for me. When I first ran This DISCLOSE Act is a common- turing capability in this country. for the Senate back in 1992, I was a sense bill. It should not be controver- I said at the start we will not long re- long-shot candidate with some ideas sial. Anyone who thinks voters should main a world economic power unless and a group of amazing and passionate have a louder voice than special inter- we have world class manufacturing ca- volunteers by my side. Those volun- est groups ought to support this bill. pability. The American people need to teers cared deeply about making sure Anyone who thinks that foreign enti- see some hope from this Chamber. At the voices of Washington State fami- ties should have no right to influence least one step, one ray of hope would be lies were represented. They made U.S. elections ought to support this if we decide in the coming several days phone calls, they went door to door, bill. Anyone who agrees with Justice to enact legislation that is now, I be- they volunteered hours of time, they Brandeis that sunlight is the best dis- lieve, rule XIV’ed at the desk, that we talked to families all across my State infectant should support this bill. And likely will have debate on—and I will who wanted more from their govern- anyone who thinks we should not allow be here during that debate—that will ment. corporations such as BP or Goldman say finally, at long last, we will stop, We ended up winning that grassroots Sachs to spend unlimited money influ- put an end to this insidious provision campaign because the people’s voices encing our elections ought to support in the IRS code that says if you move were heard loudly and clearly. But, to this bill. your American jobs to China we want be honest, I don’t think it would have Every 2 years we have elections to reward you with a tax break. That been possible if corporations and spe- across this country to fill our federally has to end. It has to end, the sooner the cial interests had been able to drown elected offices. Every 2 years voters better. out their voices with an unlimited bar- have the opportunity to talk to each Let me end by saying there is plenty rage of negative ads against candidates other about who they think will best in this country that needs fixing but who did not support their interests. represent their communities and their there is a lot to work with because That is exactly why I support this DIS- families. Every 2 years it is these there is plenty right in this country as CLOSE Act. I want to make sure that voices of America’s citizens who decide

VerDate Mar 15 2010 02:26 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.065 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE S7342 CONGRESSIONAL RECORD — SENATE September 22, 2010 who gets to stand right here rep- portant to understand that is there are not something we engage in polite con- resenting them in the Congress. That is folks in this Chamber, throughout this versation, but it happens to be one of the basis of our democracy and it is ex- country, who want to go back to those the important economic issues facing actly what the DISCLOSE Act aims to policies. I am not quite sure why any- our country; that is, the issue of dis- protect. I am very proud to support one would want to go back to a set of tribution of income and distribution of this bill and I urge all our colleagues to economic policies which resulted, in an wealth. stand up against special interests and 8-year period, in a loss of 600,000 jobs. All over America, whether it is in for voters in their States and allow Net, there was a gain during the Bush Minnesota or Vermont, everyone wants this bill to finally pass. administration of 1 million jobs—a to know—in New England, everyone I yield the floor. very poor record—all of them govern- loves the New England Patriots or the The PRESIDING OFFICER. The Sen- ment jobs, many of them in the mili- Boston Celtics, and what people want ator from Vermont. tary, in Homeland Security. That is, to know is, at the end of the day, who won and who lost and what was going f under anybody’s definition, a horren- on in the game. Well, in terms of in- THE ECONOMY dous record of job creation. In fact, it is a record of job loss. come distribution, that is the result of Mr. SANDERS. Mr. President, I During the Bush years, not only did income as economic activity. Who think most people understand that the we lose 600,000 private sector jobs, me- won? Who lost? And let’s be very clear United States today is in the midst of dian income—median family income that when we talk about winners and the worst economic crisis since the dropped by $2,200. In other words, mid- losers, the United States today has the Great Depression of the 1930s. What I dle-class Americans earned signifi- most unequal distribution of income want to do is take a very few minutes cantly less income at the end of the and wealth of any major country on to talk about how we got to where we Bush era than they did when he first Earth, and that inequality is getting are today and what policies we need, in came into office. During those 8 years, worse. I know many people choose not my view, to move this country forward over 8 million Americans slipped out of to talk about it, but I think it is im- perative that we do talk about it. in a very bold way so that we begin to the middle class into poverty; over 3 Today, the top 1 percent earns more create the millions of jobs the middle million lost their pensions; and nearly class of this country desperately needs. income than the bottom 50 percent. Let 8 million lost their health insurance. me repeat that. The top 1 percent earns Let me begin by taking a quick look During that period, 4.5 million manu- more income than the bottom 50 per- back to where we were in January of facturing jobs disappeared as compa- cent. In 2007, which is the last year for 2009. It is important that we take that nies shut down in the United States which we had good statistics, the look back because if we don’t know and moved to China, Mexico, Vietnam, wealthiest 1 percent, the top 1 percent how we got to where we are today, it is and other low-wage countries. In the of income earners, took in 231⁄2 percent going to be very hard to move us in a year 2000 we had over 17 million manu- different direction. of all of the income earned in the facturing jobs in this country. At the United States. Let me repeat that. The January 2009 was, as we all recall, the end of the Bush era, in 2008, we had less very last month of the Presidency of top 1 percent earned over 23 percent of than 12 million. That is a huge reduc- all income earned in the United States. George W. Bush. In that month we lost tion in good-paying manufacturing over 700,000 jobs. That is an extraor- Here is an even more amazing statistic. jobs—in fact, the fewest number of The top one-tenth of 1 percent—top dinary number, almost unprecedented. manufacturing jobs since the beginning In fact, for the last months of the Bush one-tenth of 1 percent—took in 11 per- of World War II. cent of total income, according to the administration, this country was hem- Under President Bush our trade def- latest data available. orrhaging jobs as a result of the finan- icit with China more than tripled and The problem we are having in terms cial collapse brought about by the our overall trade deficit nearly dou- of income is that the situation is be- greed, the recklessness, and the illegal bled. coming more and more unequal. We see behavior on Wall Street. I raise those issues once again be- that in the statistics, which are very During that period, our gross domes- cause it is very important to under- clear. In the 1970s, the top 1 percent tic product, the total sum of all that stand that there are a number of people only made 8 percent of total income our economy produces, had gone down in this Chamber who want to go back earned in this country, and now that by nearly 7 percent during the fourth to those policies—policies which were a number is 231⁄2 percent—almost four quarter of 2008—a 7-percent reduction. demonstrative failure. times as much. That was the biggest decline in more But here is another important point, I would point out that the last time than a quarter century. Some $5 tril- and we should understand this very income was this concentrated was in lion of Americans’ household wealth clearly. While the middle class was the year 1928, and I think we all know evaporated in a 12-week period as peo- battered during the Bush years and me- what happened in 1929. When you have ple in Vermont and all over this coun- dian family income went down, while such an unequal distribution of income try saw the value of their homes, their poverty increased, not everyone did and wealth, it is not only, to my mind, retirement savings, and their stocks badly. In fact, during the Bush admin- immoral and wrong that so few have so plummet. istration, the wealthiest 400 Americans much and so many have so little, it is We were at a moment where some saw their incomes more than double. bad economics because the economy economists thought we might enter the The middle class was battered, median grows when all people have money to worst depression in history, that the family income was down, poverty in- spend, when consumers can spend entire world’s financial system would creased, people lost their health insur- money. When so much of our income collapse. In January of 2009 we were ance, people lost their pensions, but and wealth is concentrated on the top, hemorrhaging 700,000 jobs. That is the wealthiest 400 Americans saw their we run the significant likelihood of where we were. income more than double. In 2007, these major economic recessions, and that is Of course, as a result of the collapse wealthiest 400 Americans earned an av- what is happening right now. on Wall Street, the last months of the erage of $345 million in 1 year—on aver- Also, incredibly, in the midst of this Bush administration were a total eco- age, $345 million. In terms of wealth, as growing inequality and while the very nomic disaster, but let us be clear opposed to income, the wealthiest 400 wealthiest people in this country be- about the cumulative 8 years of the Americans saw an increase in their came much richer and at the same Bush administration. What happened wealth of some $400 billion during the time as our deficit soared, the tax rates over that 8-year period? From 2001 Bush years—400 people, an increase of for the people on top went down. Mid- when President Bush came into office, $400 billion during the Bush years. dle class declines, poverty increases, until January 2009 when he left, this Let me talk for a moment about the rich get richer, and the tax rate for country lost over 600,000 private sector something I consider to be very impor- the very wealthy goes down. This was a jobs. Let me repeat that. During the tant, but we do not talk about it very result of not only tax breaks for the Bush 8-year period, this country lost much in the Senate. We do not talk wealthy initiated during the Bush ad- over 600,000 jobs. The reason it is im- about it very much in the media. It is ministration but also, quite frankly,

VerDate Mar 15 2010 02:26 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.065 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE September 22, 2010 CONGRESSIONAL RECORD — SENATE S7343 tax policy that took place before Bush. those people making $1 million or tense interest in American politics, to The result is that from 1992 to 2007, the more, should receive on average a know who is sponsoring all of these latest statistics that we have, the ef- $100,000 tax break. And they are fight- commercials that are rushing at the fective Federal tax rate—effective Fed- ing for tax breaks for the rich at the American people pell-mell over the air- eral tax rate, and that is what people same time as they are saying: Oh, isn’t waves. really pay—for the top 400 income it terrible that we have a $13 trillion What is striking is how stark the in- earners in our country was cut almost national debt. So they wanted to give equities in all of this are. What I am in half. The rich get richer, their effec- $700 billion in tax breaks to the top 2 particularly troubled about is that as a tive tax rates are cut almost in half. percent, and then they say: Oh my result of the Supreme Court decision, Today, we have a Federal Tax Code goodness, isn’t it awful that we have a it is possible today for a foreign inter- that is so unfair, that it is so absurd recordbreaking deficit and a large na- est with no vote here in the United that Warren Buffett, one of the tional debt, and they want to pass on States to have a more substantial voice wealthiest people in the world, often those tax breaks to our kids and grand- in our elections this fall than any hard- points out that he pays a lower effec- children—increase the national debt so working American taxpayer. When you tive tax rate than does his secretary. that we can give tax breaks to million- break that down, you really get a sense Hedge fund managers who make $1 bil- aires and billionaires. That makes zero of just how outlandish this Supreme lion a year now pay a lower effective sense to me. I think that is an incred- Court decision is. Let me repeat that. tax rate than many teachers, nurses, ibly dumb and irresponsible idea. Foreign interests, through a sub- firefighters, and police officers. What I think we should do, what I be- sidiary, with no vote here in the United I should also add that in terms of lieve we should do is that half of that States, will have a louder voice in the wealth, as opposed to just income, in- $700 billion, instead of being given in State of Alaska, in the State of Or- egon, than any of the hard-working equality, of course, is also growing. tax breaks to the top 2 percent, should taxpayers whom we are honored to rep- Today, the top 1 percent owns more be used for deficit reduction. Let’s do it resent here in the Senate. I think that wealth than the bottom 90 percent, and now. And the other $350 billion should indicates that the campaign finance during the Bush years, the wealthiest be invested in our infrastructure—re- 400 Americans saw their wealth in- system is way out of whack. building our roads, our bridges, our This Supreme Court decision, in my crease by some $400 billion. When a few water systems, our schools, our trans- view, has literally blown the hinges off people have incredible wealth and in- portation systems—and putting people the doors of our democracy. What is credible income, they do not tuck that back to work. Our infrastructure is needed is legislation such as the DIS- money under the mattress; they use crumbling. Everybody knows that. We CLOSE Act to ensure accountability, that money. are going to have to address it now or civility, and accuracy in political cam- The point Senator MURRAY of Wash- later. Let’s address it now. In the mid- paigns. ington was making a few moments ago dle of a recession, let’s put millions of My view is that the lack of that kind on the DISCLOSE Act is a very good people back to work rebuilding Amer- of accountability creates not only con- example of how some of those folks are ica to make us more competitive in the fusion but even resentment among vot- making money. Not content to have global economy and make our eco- ers. The reason I know that is that the the top 1 percent earning more than 23 nomic system more efficient. I think, situation the country finds itself in percent of all income in America, these frankly, it makes a heck of a lot more now is very similar to what I saw when folks want more. Their greed has no sense to put millions of people to work I first ran for the Senate in 1996 against end. And what they are now doing as a rebuilding America’s infrastructure the man who eventually became my result of the DISCLOSE Act, a 5-to-4 and using $350 billion to lower the def- colleague and good friend in the Sen- Supreme Court decision, they and their icit than it does to give $700 billion in ate, Gordon Smith. That was the only corporate friends are now free to put as tax breaks to the top 2 percent. I hope race in the United States at that time, much money as they want into the po- that a majority of my colleagues or, in the winter of 1996. Attack ads were litical process, into television ads, into fact, 60 of my colleagues agree with being run by all sides, left and right. radio ads, and they do not have to dis- that because, to me, that is the policy Senator Smith and I literally had no close who they are. So you are going to this country desperately needs. idea who was behind a lot of the attack have corporations with foreign inter- I yield the floor. ads. We made the judgment that while ests getting involved with the Amer- The PRESIDING OFFICER (Mr. policy differences and personal criti- ican political process. You are going to BEGICH.) The Senator from Oregon is cisms are certainly a fair and legiti- have corporations putting all kinds of recognized. mate part of a political campaign, money into the political process, set- f what is not acceptable is the situation ting up phony institutions and front THE DISCLOSE ACT our country finds itself in, once again; groups, and they do not have to tell the that is, the huge numbers of ads being American people who they are. Mr. WYDEN. Mr. President, I rise run where nobody could figure out who In addition to the DISCLOSE Act and this afternoon to take a few minutes to was behind some of the attacks, at- the huge amount of money now flood- talk about this issue of campaign ads tacks that were pretty vicious and cer- ing into the political process, we have being run all across the land and mil- tainly high decibel. an enormous amount of lobbying and lions of dollars being spent by groups So I came to the Senate in the winter campaign contributions that are going with misleading names, leaving our of 1996, and I vowed to try to make right into the whole tax issue, that voters without any knowledge of who some changes. I vowed to work with which we are debating now. is behind the ads they are hearing. colleagues of both parties to bring As you know, some of our Republican To me, the lack of accountability and transparency and accountability to friends think, apparently, that the top civility and literal accuracy in polit- campaign advertising. I had the good 1 percent earning more income than ical campaigns is absolutely unaccept- fortune to find a terrific partner in this the bottom 50 percent is not quite able, and I am of the view that we effort with our colleague from Maine, enough, that the fact that we have ought to be asking here in the Senate Senator SUSAN COLLINS. As part of the given huge tax breaks to millionaires whether this is really the best we can McCain-Feingold bipartisan Campaign and billionaires for the last 15 years is do to ensure accountability and open- Reform Act of 2002, Senator COLLINS not enough; they need more. So what ness in American politics. I think the and I were able to win passage of an some of our Republican friends are answer to that is, it is a no-brainer. amendment which has come to be doing and what their friends on Wall There ought to be basic disclosure of known as the stand by your ad disclo- Street and big money interests are who is behind all of those ads that are sure requirement. Not only have we all doing is pouring huge amounts of flooding the airwaves. That is what is seen these ads, everyone who has run money into the political process which behind the DISCLOSE legislation, the to serve in this distinguished Chamber says that we should provide, over a 10- bill that has been brought before the has recorded them. It is real simple. I year period, $700 billion in tax breaks Senate to ensure that it is possible for am MARK BEGICH. I approved this mes- to the top 2 percent; that millionaires, Americans, at a time when there is in- sage. I am RON WYDEN, and I approved

VerDate Mar 15 2010 02:26 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.067 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE S7344 CONGRESSIONAL RECORD — SENATE September 22, 2010 this message. It is not a hard thing to simplify it. But to do that we will have amount of ease. Kids and drug users do. It comes about as a result of the to work in a bipartisan way. are smoking this product in order to fact that a colleague on the other side I come to the floor to say, once obtain what they think is a legal high, of the aisle, Senator COLLINS, joined again, I am hopeful that the DIS- and the word ‘‘legal’’ tends to imply me in this effort that I believed pas- CLOSE legislation, which provides an harmless. It is believed K2 products sionately in after that Senate special opportunity for transparency and ac- emerged on the scene beginning 4 or 5 election in the winter of 1996. countability in campaign finance, can years ago. Their use spread quickly That simple disclosure requirement also become a bipartisan cause. There through Europe and the United States. gives voters very important informa- is absolutely nothing partisan about According to a study conducted by the tion about who is behind a political ad. the question of making sure a political European Centre for Drugs and Drug I am of the view that disclosure should advertisement that is offered is one Addiction, most of the chemicals found not be required just for candidates but where the American people know who in K2 products are not even reported on for anyone—interest groups, corpora- is behind it. That is not a partisan the label. This study by the European tions—who seeks to communicate a po- issue. As my friend from Alaska knows, Centre concluded that these chemicals litical message. Unfortunately, after it certainly isn’t a partisan issue to are not listed because there is a delib- the Citizens United ruling, there are a take this unbelievable mess of a Tax erate marketing strategy to represent variety of these interests that are now Code that runs page after page after this product as somewhat a natural free to spend unlimited amounts of page, thousands of words, and simplify substance. However, K2 is anything but money on political ads without voters it to a one-page form, a one-page 1040 natural. Most of the chemicals the knowing who is paying for the ads. form. That is not partisan work, nor Drug Enforcement Administration has That is dangerous for democracy. It is should disclosing campaign finance ad- identified within K2 products were in- wrong, and it needs to be stopped. vertisements be partisan either. vented by Dr. John W. Huffman of The stand by your ad provision of the I ask on this question of election re- Clemson University and for a very DISCLOSE Act would require the top form, look at the present system, worthwhile purpose—research pur- official, the CEO or a top official from where there is no accountability, where poses. a company, a union or any organiza- people don’t know who is behind these These synthetic chemicals were tion paying for a political advertise- advertisements, and ask: Is this the never intended to be used for any other ment to take responsibility for the ad. best we can do? I think the answer is purpose other than research. They were The DISCLOSE Act can’t prevent the obviously no. I think the answer is, in- never tested on humans, and no long- formation of misleading front organi- stead, to say that companies and term effects of their use are currently zations, but another provision would unions and other organizations ought known. As more and more people are require disclosure of the top five to be held to the same standard of hon- experimenting with K2, it is becoming funders to allow voters to know who is esty and integrity as political can- increasingly evident that K2 use is didates are required to do under the behind the ad. anything but safe. I am of the view that companies, legislation Senator COLLINS and I au- The American Association of Poison unions, other organizations ought to be thored as part of McCain-Feingold. Control Centers reports significant in- The fact is, this Senate can do better held to the same standards of trans- creases in the amount of calls con- in election reform. I urge colleagues to parency and accountability in their po- cerning these products. There were work together to bring transparency litical advertising as political can- only 13 calls related to K2 use reported and accountability to American elec- didates and political action commit- in 2009. Look at the figure for 2010. tees. It is, in a one-sentence descrip- tions and pass the DISCLOSE Act. I yield the floor. There have been over 1,000 calls con- tion, all about sunshine. Sunshine is The PRESIDING OFFICER. The Sen- cerning K2 use. So it is very evident: A the best disinfectant. The disclosure ator from Iowa. dramatic increase in a short amount of requirements in this legislation are time of the public concerned about K2 f going to give voters more information use, probably reflecting increased use and help them understand who is pay- K2 PRODUCTS of K2. ing for these political ads. Mr. GRASSLEY. Mr. President, as a Common effects reported by emer- I continue, as the Presiding Officer parent and grandparent, I have long gency room doctors include increased knows, to do everything I can to work been concerned about the dangers that agitation, elevated heart rate and in the Senate in a bipartisan fashion. I face our kids. I have been especially blood pressure, hallucinations, and sei- am pleased to see my distinguished col- concerned about the large amount of zures. The effects from the highs from league in the chair. He has joined me dangerous drugs in this country and K2 use are reported to last several with Senator GREGG and a number of their use by anybody but particularly hours, and in some cases up to one colleagues on both sides of the aisle in young people. It is clear drug dealers week. what is the first bipartisan tax reform will stop at nothing to get our kids Dr. Huffman has stated that since so legislation in a quarter century. It hooked on drugs. All too often, we little research has been conducted on picks up on another bipartisan model— learn of new and emerging threats to K2 chemicals, using any one of them legislation advanced by former Presi- communities that often have negative would be like ‘‘playing Russian rou- dent Reagan, Bill Bradley, Dan Rosten- impacts on our youth. But when these lette.’’ kowski, and others. A big day is com- drug threats emerge, it is crucial that In fact, Dr. Anthony Scalzo, a pro- ing up in tax reform. That is tomorrow. we unite to halt the spread of the prob- fessor of emergency medicine at St. Chairman BAUCUS is going to lead us lem before it consumes families and Louis University, reports that these into the first debate in a long time communities. chemicals are significantly more po- about tax reform. I very much look for- Today we are confronted with new tent than even marijuana. Dr. Scalzo ward to working with Chairman BAU- and very dangerous substances pack- states that the amount of chemicals in CUS and his leadership on this issue. aged as somewhat innocent products. K2 varies from product to product, so I see my colleague from the Finance Specifically, young people are able to naturally no one can be sure exactly Committee, Senator GRASSLEY. If we go online and/or to the nearest shop- the amount of drugs you are putting are going to duplicate that important ping mall and purchase incense laced into your body when you use these K2 tax reform work of 1986, it is going to with chemicals that alter mind and products. Dr. Scalzo reports that this be Chairman BAUCUS, Senator GRASS- body. These products are commonly re- can lead to significant problems such LEY, Senator HATCH, the leaders of our ferred to as ‘‘K2’’ or ‘‘Spice,’’ among as altering the state of mind, addic- committee taking us forward in a bi- other names. I have a chart Members tion, injury, and even death. I will partisan way so the distinguished Sen- can see behind me. They can see the refer to the death issue in a moment. ator from Alaska and I and other more package varieties of K2 products. I will According to various news articles junior members can work with our col- not go into detail, but look at them. across the Nation, K2 can cause serious leagues and make some history and fix Specifically, kids are able to actually erratic and criminal behavior. In the American tax system, radically purchase these products with a great Mooresville, IN, the police arrested a

VerDate Mar 15 2010 02:26 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.069 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE September 22, 2010 CONGRESSIONAL RECORD — SENATE S7345 group of teens after they were con- The Indianola police believe David Mr. REID. Mr. President, I ask unan- nected to a string of burglaries while was under the influence of K2 at the imous consent that the order for the high on K2. The local county attorney time of his death. David’s parents and quorum call be rescinded. prosecuting the case stated this was an many in the community who knew The PRESIDING OFFICER. Without unusual crime spree. These kids were David were completely shocked and, objection, it is so ordered. not the type who are normally seen in obviously, saddened by this event. f As a result, the Iowa Pharmacy the criminal justice system. The coun- MORNING BUSINESS ty attorney stated these kids had ‘‘no Board placed an emergency ban on K2 prior record, good grades, athletes, so products in Iowa, which began on July Mr. REID. Mr. President, I ask unan- that got me wondering: is there a cor- 21, 2010. David’s tragic death may be imous consent that the Senate proceed relation between K2 and the crime?’’ the first case in the United States of to a period of morning business, with Another case in Honolulu, HI, shows K2 use leading to someone’s death, but, Senators permitted to speak therein police arrested a 23-year-old man after sadly, it was only the beginning. for up to 10 minutes each. The PRESIDING OFFICER. Without he tried to throw his girlfriend off an A month after David’s tragic death, objection, it is so ordered. 11th floor balcony after he was smok- police reported that a 28-year-old Mid- ing K2. dletown, IN, mother of two passed f A 14-year-old boy in Missouri nearly away after smoking a lethal dose of K2. TRIBUTE TO PEGGY L. threw himself out of a fifth story win- This woman’s godson reported that GREENBERG dow after smoking K2. Once the teen anyone could get K2 easily because it can be sold to anyone at any price and Mr. REID. Mr. President, I rise today got over his high, he denied having any to recognize the extraordinary work of at any time. suicidal tendencies. Doctors believe he Peggy L. Greenberg, director of the Of- was hallucinating at the time of the in- This last August, a recent 19-year-old Lake Highlands High School graduate fice of Education and Training, who is cident. retiring at the end of this month after K2 use is also causing serious health in Dallas, TX, passed away after smok- ing K2. The medical examiner con- 11 years. Peggy has been responsible problems and increased visits to emer- for the training and development of all gency rooms. firmed that this boy had K2 in his sys- tem at the time of his death. Senate staff in both the Washington, A Louisiana teen said he became very DC, office and all the Senate State of- ill after trying K2. The teen said he ex- These incidents throughout the coun- try give me great concern that K2 use fices. Her department offers programs perienced numbness, starting at his is a dangerous and growing problem. in a wide variety of areas including feet and traveling all the way to his Twelve States, including Iowa, have general professional development, head. He was nauseous, light-headed, acted to ban the sale and possession of management and leadership develop- and was having hallucinations. The ment, legislative information and tech- the chemicals found in K2 products. teen stated that K2 is being passed nical computer skills training. Many more States, counties, and com- around at the school. The teen also After earning her undergraduate de- munities throughout the country have stated that many people were trying it gree in nursing from Southwestern proposed bans or are in the process of without fear, assuming it was safe be- Louisiana, Ms. Greenberg moved from banning these products. nursing in Louisiana to Massachusetts, cause it was legal. I said that pre- However, a recent article in the Des viously in my remarks: a legal drug, it where she was a pediatric nurse. She Moines Register highlights the fact eventually became the director of nurs- has to be safe is kind of the attitude. that some stores are working around Another case has a teenager in Indi- ing inservice education and later the these bans by the simple process of ana being admitted to an emergency director of education for all of Kennedy changing some of the chemicals and by room with a blood pressure of 248 over Memorial Hospital in Boston. During simply relabeling the product. that time, she earned a master’s degree 134 after testing positive for K2. So I believe it is time we have a na- in adult and continuing education from A teen in Texas became temporarily tional discussion about these dan- paralyzed from the waist down after Boston University. gerous substances. I hope in the com- Peggy was the director of Organiza- smoking K2. ing weeks and months my colleagues Another teen in Texas had a heart at- tion Effectiveness and Performance will begin to take notice of this issue. tack after smoking K2 but, fortu- Consulting for Med Star Physician As cochairman of the Senate Drug Partners and then a director of learn- nately, survived the event. Caucus—I cochair that with Senator Regrettably, K2 use also has deadly ing and organization development for FEINSTEIN from California—it is my Kaiser Permanente of the Mid-Atlantic consequences. I want to speak about an hope we will have a hearing on this individual and family who suffered States. She was recognized in the Kai- issue in the not too distant future. ser Permanente organization nation- from a tremendously bad consequence It is important to fully understand of K2. wide as a leader in the training and or- the magnitude and implications of al- ganization development area. The picture behind me is of David lowing these products to remain legal Rozga. David was a recent 18-year-old Peggy Greenberg has been a key con- in the United States. It is clear the tributor to improving the effectiveness Indianola, IA, high school graduate. sale and use of K2 products is obviously According to his parents and friends, and efficiency of Senate staff. We have a growing problem. People believe all benefited from her professional and David was a bright, energetic, talented these products are safe because they student who loved music, was popular, personal commitment to improving can buy them online or at the nearest every aspect of or our individual and and active in his church. shopping mall. David was looking forward to attend- organizational development. The Sen- We need to do a better job at edu- ate has been fortunate to have someone ing the University of Northern Iowa cating the public and our communities this fall, my alma mater. On June 6, with her knowledge and experience. about the dangers these products The Senate community will miss 2010, David, along with some of his present. We, in fact, need to nip this Peggy, and wishes her well as she en- friends, smoked a package of K2 think- problem in the bud before it grows and joys long and adventurous bike rides ing it was nothing more than just hav- leads to the tragedy of more death or with her husband, Brian and continues ing a little fun. the tragedy of other health con- indulging her love of tap dancing. David and his friends purchased this sequences. f product at a mall in Des Moines, after I ask each of my colleagues in the hearing about it from some college stu- Senate to join me as we explore posi- ADDITIONAL STATEMENTS dents who were home for the summer. tive actions to stem the use of K2. After smoking this product, David’s I yield the floor and suggest the ab- friends reported that David became sence of a quorum. TREE FRESNO’S 25TH highly agitated and terrified. When he The PRESIDING OFFICER. The ANNIVERSARY got home, he found a family shotgun clerk will call the roll. ∑ Mrs. BOXER. Mr. President, I ask my and committed suicide 90 minutes after The assistant editor of the Daily Di- colleagues to join me in celebrating smoking K2. gest proceeded to call the roll. the 25th anniversary of Tree Fresno.

VerDate Mar 15 2010 02:26 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.073 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE S7346 CONGRESSIONAL RECORD — SENATE September 22, 2010 The genesis of Tree Fresno can be sponsored by the Alfred P. Sloan Foun- ciation for the Education of Young traced to a group of residents who had dation. Children; Idaho Federation of Families gathered during Fresno’s Centennial in I want to draw your attention to the for Children’s Mental Health; and Trey 1985 to explore ways to improve the Sloan Awards because I think these McIntyre Project. city. This group of civic-minded resi- companies are to be commended for In Charleston, SC, the winners are dents determined that the planting of their excellence in providing workplace AAI Services Corporation; Barling Bay, trees would beautify the city and cre- flexibility practices which benefit both LLC; Call Experts; Charleston Metro ate more livable and walkable neigh- employers and employees. Achieving Chamber of Commerce; Community borhoods. greater flexibility in the workplace—to Management Group; EMES, LLC; KFR The idea to beautify Fresno through maximize productivity while attract- Services, Inc.; Lowcountry Graduate the planting of trees was met with ing the highest quality employees—is Center; Morris Financial Concepts, Inc; great support and enthusiasm from the one of the key challenges facing Amer- Noisette Company; Santee Cooper; Sci- community as evidenced by a telethon ican companies in the 21st century. entific Research Corporation; Stanley, that netted $27,000—funds that provided Businesses in 30 communities were Inc.; and Tegron LLC. seed money for Tree Fresno’s maiden eligible for recognition in the 2009 In Chicago, IL, the winners are project that resulted in the planting of Sloan Awards. In addition, this year an Accenture; Alma Lasers; AzulaySeiden trees in downtown and the city’s vi- at-large category was added. The Law Group; Falkor Group, LLC; Frost, brant Tower District. Chamber of Commerce in many cities Ruttenberg & Rothblatt, P.C.; Over the past 25 years, Tree Fresno hosted an interactive business forum to Ketchum Inc.; Microsoft Corporation; has spearheaded and successfully com- share research on workplace flexibility Perspectives, Ltd; Plante & Moran, pleted a number of community-wide ef- as an important component of work- PLLC; Shakespeare Squared; The forts that have led to the greening of place effectiveness. In these same com- SAVO Group; True Partners Con- the greater Fresno area. Throughout munities, businesses applied for and re- sulting; Turner Construction Com- the years, Tree Fresno has grown the cipients were selected for the Sloan pany—Chicago Business Unit; and Vox, tree canopy on local school campuses Awards through a process that in- Inc. and along some of the major thorough- cluded employee responses as well as In Columbus, OH, the winners are fares in Fresno such as Blackstone and employer practices. Kaiser Consulting; Resource Inter- McKinley Avenues. On one remarkable I would like to take this opportunity active; American Electric Power; Car- day in 2000, thousands of Tree Fresno to congratulate the 2009 winners of the dinal Health Inc.; Ohio College Access volunteers planted 4,400 trees in and Alfred P. Sloan Award for Business Ex- Network; Pillar Technology Group along an abandoned rail corridor be- cellence in Workplace Flexibility. LLC; Resources Global Professionals; tween Fresno and Clovis. These businesses are to be commended Amethyst; and OCLC Online Computer In addition to the planting of trees, for their excellence in providing work- Library Center. Tree Fresno has also been instrumental place flexibility. In Dallas, TX, the winners are in educating the public about the im- In Arizona, the winners are Arizona Abernethy Media Professionals, Inc.; portance of responsible environmental Foundation for Legal Services and Aguirre Roden, Inc.; Capital One; Com- stewardship. Through programs such as Education; Arizona Weddings Magazine munity Council of Greater Dallas; Dal- Tribute Trees, Trees for Campuses and & Website; Autohaus Arizona, Inc.; las Convention & Visitors Bureau; Kids and the Junior Board of Tree Chandler-Gilbert Community College; EGW Utilities Inc.; Lee Hecht Har- Fresno, the organization has made an Contreras State Farm Agency, Inc.; rison; Lockheed Martin Missiles & Fire indelible impact on raising the overall Cosmopolitan Medical Communica- Control; McQueary Henry Bowles Troy, environmental awareness and efficacy tions, Custom Accounting & Tax PC; L.L.P.; State Farm Insurance; Tegron; of the residents, especially the young Henry & Horne, LLP; Intel Corpora- The Beck Group; The Center for Amer- people, of Fresno and surrounding com- tion; Johnson Bank; Keats, Connelly ican and International Law; and The munities. and Associates; Metro Architecture North Highland Company. The many accomplishments of Tree LLC; Microchip Technology; Morrison In Dayton, OH, the winners are Bet- Fresno over the past 25 years are a tes- & Associates CPAs PLLC; My Com- ter Business Bureau of Dayton/Miami tament to the vision of its founding puter Works; Neonatology Associates, Valley Inc.; Brower Insurance Agency members, the dedication of its staff Ltd.; Omega Legal Systems Inc.; Pima LLC; Cornerstone Research Group Inc.; and the support and commitment of Council on Aging, Inc.; Raytheon Mis- Iformata Communications; LeVeck thousands of volunteers and supporters sile Systems Tucson, AZ; Salt River Lighting Products, Inc.; Premier Com- who have given so generously to help Materials Group; Western Inter- munity Health; and SummitQwest. make Fresno a better place to live. national University; Western Inter- In Durham, NC, the winners are It is my pleasure to congratulate the national University—Scottsdale Cam- CrossComm, Inc; Durhams Partnership board, staff and many friends of Tree pus; Whitneybell Perry Inc; and for Children; Expedite Group; Shodor; Fresno for 25 years of environmental WorldatWork. US Environmental Protection Agency; leadership in the greater Fresno area. I In Atlanta, GA, the winners are Delta and WorkSmart. send my best wishes for many more Air Lines; Gas South, LLC; Lee Hecht In Houston, TX, the winners are Ac- years of continued success.∑ Harrison; The Mom Corps Inc.; and cess Sciences Corporation; CenterPoint f WellStar Health System. Energy; Chevron Corporation; El Paso In Aurora, CO, the winners are Corporation; Fulbright & Jaworski 2009 ALFRED P. SLOAN AWARD Adams County Workforce & Business LLP; Gimmal Group; HBL Architects; RECIPIENTS Center; Aurora Mental Health Center; Houston Department of Health and ∑ Mr. CRAPO. Mr. President, today I The Medical Center of Aurora; and Uni- Human Services; Jaemar International congratulate the 2009 winners of the versity of Phoenix. Inc.; Klotz Associates, Inc.; M.D. An- Alfred P. Sloan Award for Business Ex- In Birmingham, AL, the winners are derson Cancer Center; PKF Texas; cellence in Workplace Flexibility, Albert Kahn Family of Companies; PricewaterhouseCoopers; Tegron; The which recognizes companies that have Barfield Murphy Shank & Smith; Big Dow Chemical; The VIA Group; Univer- successfully used flexibility to meet Brothers Big Sisters; Birmingham Met- sity of Phoenix; University of St. both business and employee goals. The ropolitan YMCA; Cayenne Creative Thomas; and Vinson & Elkins LLP. Sloan Awards are presented by the Group; Concept, Inc.; El Paso Corpora- In Kentucky, the winners are When Work Works initiative, which is tion; ITAC Solutions, LLC.; Resources AASHE; Analysts International; a project of the Families and Work In- Global Professionals; Sain Associates; Anneken, Huey & Moser, PLLC; Ben- stitute in partnership with the Insti- and Sellers Richardson Holman & West efit Insurance Marketing; Bottom Line tute for a Competitive Workforce, an LLP. Systems Inc.; CDP Engineers Inc; Cen- affiliate of the U.S. Chamber of Com- In Boise, ID, the winners are Amer- tral Baptist Hospital; Frankfort Re- merce, and the Twiga Foundation Inc. ican Geotechnics; Boise Rescue Mis- gional Medical Center; J C Malone As- The When Work Works initiative is sion; Givens Pursley LLP; Idaho Asso- sociates; Kentucky Employers Mutual

VerDate Mar 15 2010 02:33 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.006 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE September 22, 2010 CONGRESSIONAL RECORD — SENATE S7347 Insurance (KEMI); Kentucky League of Guaranty Insurance Corp; Robert W. Mediascope, Inc.; Merchants Financial Cities; Lexmark International, Inc.; Baird & Co.; StorerTV, Inc.; and The Group; Sport & Spine Physical Therapy Potter & Company, LLP; Stoll Keenon Novo Group. of Winona Inc.; Winona ORC Industries; Ogden PLLC; Sturgill, Turner, Barker In Morris County, NJ, the winners and Winona Workforce Center. & Moloney, PLLC; Third Rock Consult- are BASF Corporation; Fein, Such, The At-large winners are ACS, Inc. ants LLC; and Woodward Hobson & Kahn & Shepard, P.C.; Madison Area (Affiliated Construction Services) Fulton LLP. YMCA; Nukk-Freeman & Cerra, P.C.; (Madison, WI); Averett Warmus Durkee In Long Beach, CA, the winners are One Call Medical, Inc.; and Solix Inc. (Orlando, FL); Barnes Dennig & Com- AES Alamitos, LLC; Bryson Financial In Providence, RI, the winners are pany (Cincinnati, OH); Bon Secours Group; Choices of Long Beach INC dba Rhode Island Housing; Rhode Island Hampton Roads (Norfolk, VA); Capital Choices Recovery Services; Decision Legal Services, Inc.; and Sansiveri, One (Washington, D.C.); CIBER Global Toolbox, Inc.; PeacePartners, Inc.; and Kimball, McNamee, LLP. Solution Center (Tampa, FL); CSC Tredway, Lumsdaine & Doyle, LLP. In Richmond, VA, the winners are (Cincinnati, OH); Discovery Commu- In Long Island, NY, the winners are Anthem Blue Cross and Blue Shield nications (Silver Spring, MD); E-IT Albrecht, Viggiano, Zureck & Co., PC; (Also listed as WellPoint); Bon Secours Professionals Corp. (Canton, MI); First The Alcott Group; Brookhaven Science Richmond Health System; Capital One, Things First, Inc (Chattanooga, TN); Associates/Brookhaven National Lab- Rink Management Services Corpora- Grandparents.com (New York, NY); oratory; Cerini & Associates; Farrell tion; and Vaco Richmond, LLC. Kenexa (Lincoln, NE); LiveOps (Santa Fritz, P.C.; Holtz Rubenstein Reminick In Rochester, MN, the winners are Clara, CA); Management Recruiters of LLP; and YES Community Counseling Cardinal of Minnesota; Custom Alarm/ Chattanooga-Brainerd (Chattanooga, Center. CCi; First Alliance Credit Union; Roch- TN); PRIZIM, Inc. (Gaithersburg, MD); In Louisville, KY, the winners are A ester Area Family YMCA; Rochester and Unum (Portland, ME). Speaker For You; Deming Malone Community and Technical College; These companies demonstrate a great Livesay & Ostroff; Greater Louisville Senior Citizens Services Inc.; Southern commitment. Thus, it is not surprising Inc.; Hardin Shymanski and Company Minnesota Municipal Power Agency; that some of them practice workplace PSC; KiZAN Technologies LLC; Louis United Way of Olmsted County; and flexibility in offices across their state T. Roth & Co. PLLC; Louisville Maga- Venture Computer Systems. and our country. Companies with win- zine; Lyndon Fire Protection District; In Salt Lake City, UT, the winners ners in multiple cities are BDO McCauley, Nicolas & Company, LLC; are 1–800 CONTACTS, Inc.; AAA Fair Seidman, LLP; Booz Allen Hamilton; Mission Data; Mountjoy & Bressler Credit Foundation; Christopherson Clifton Gunderson LLP; Deloitte LLP; LLP; Prestige Health Care; Raytheon Business Travel; Employer Solutions Ernst & Young; KPMG LLP; LS3P AS- Company; Stoll Keenon Ogden PLLC; Group; Intermountain Financial Group/ SOCIATES LTD; Merrick & Company; Strothman & Company PSC; Studio MassMutual; McKinnon-Mulherin, Inc.; RSM McGladrey, Inc; Ryan, Inc.; and Kremer Architects, Inc.; The and Utah Food Services. Warner Norcross & Judd LLP. Tellennium Group; WellPoint, Inc.; In Savannah, GA, the winners are Again, I congratulate the 2009 win- Woodward, Hobson & Fulton, LLP; and Hancock Askew & Co., LLP (Listed as ners of the Sloan awards and look for- Yum! Brands, Inc. Qualified Plans) and Wesley Commu- ward to the ongoing recognition of this In Manchester, NH, the winners are nity Centers of Savannah, Inc. worthwhile initiative.∑ Child and Family Services, Dynamic In Seattle, WA, the winners are f Network Services, Inc.; Image 4; and Bader Martin, P.S.; BECU; Blue Gecko; YWCA of Manchester. Cascadia Consulting Group, Inc.; Com- RECOGNIZING THE NORTH LITTLE In Melbourne-Palm Bay, FL, the win- pendium Inc.; Miller, Hansen & Torphy, ROCK VISITORS BUREAU ners are Courtyard by Marriott; Habi- Inc. dba MHT Insurance; NRG::Seattle; ∑ Mrs. LINCOLN. Mr. President, today tat for Humanity of Brevard County, Prolumina; Puget Sound Center for I congratulate the North Little Rock Inc.; Olive Garden Italian Restaurant; Teaching, Learning and Technology; Visitors Bureau for being chosen as the RSM McGladrey/McGladrey & Pullen; Seattle Hospitality Group; Technology Small Convention Visitors Bureau of Space Coast Business, LLC; Space Services Company, Inc.; TeleCommuni- the Year by the Southeast Tourism So- Coast Early Intervention Center; and cation Systems Inc.; The Alford Group; ciety, which represents 12 States. The Whittaker Cooper Financial Group. Washington Policy Center; Within North Little Rock bureau topped the In Michigan the statewide winners Reach; Workforce Development County category for visitors bureaus with a are Albert Kahn Family of Companies; Snohomish County; and Worktank En- budget of less than $1 million. Altair Engineering; Amerisure Mutual terprises. The Shining Example Award the Insurance Company; Brown and Brown In Spokane, WA, the winners are North Little Rock agency received of Detroit (formerly Alcos); Detroit Re- Desautel Hege Communications; highlights ‘‘some of the best work in gional Chamber; Dynamic Edge, Inc.; Humanix Staffing and Recruiting; In- travel and tourism,’’ and sets ‘‘exam- Employees Only; Farnman Group; land Northwest Health Services; Prin- ples that others in the industry can fol- Frank, Haron, Weiner & Navarro cipal Financial Group; Quisenberry low,’’ according to the Southeast Tour- P.L.C.; Leader Dogs for the Blind; Marketing & Design; Spokane Occupa- ism Society. Menlo Innovations LLC; Michigan Civil tional and Hand Therapy; and St. I salute the North Little Rock Visi- Service Commission; Michigan Depart- Luke’s Rehabilitation Institute. tors Bureau and the entire North Little ment of Education; Michigan Depart- In the Twin Cities the winners are Rock community for their efforts to ment of Environmental Quality; Michi- Accenture; Best Buy; fahren build and grow their community. As gan Health & Hospital Association; HEIGHT360; General Mills; Health my fellow Arkansans know, our state Michigan Occupational Safety and Services Innovations; Interventional is a beautiful one, filled with countless Health Administration; Motawi Tile- Pain and Physical Medical Clinic; Lu- opportunities for recreation, outdoor works, Inc.; Motion Marketing & theran Social Service of Minnesota; pursuits, and other leisure activities. I Media; National Multiple Sclerosis So- Mahoney, Ulbrich, Christiansen & Russ am proud to see North Little Rock re- ciety, Michigan Chapter; Peckham PA; Minnesota Child Care Resource & ceive this prestigious recognition.∑ Inc.; Plex Systems, Inc.; Public Policy Referral Network; MRM Worldwide f Associates, Inc.; Regal Financial Minneapolis; Netgain; Prevent Child Group; Service Express, Inc.; Valassis; Abuse Minnesota; Synergystic Soft- RECOGNIZING THE FORT SMITH and Visteon Corporation. ware Solutions; U.S. Bank; and West- HOUSING AUTHORITY In Milwaukee, WI, the winners are ern National Mutual Insurance Com- ∑ Mrs. LINCOLN. Mr. President, today Foley & Lardner LLP; Herzing Univer- pany. I congratulate the Fort Smith Housing sity; Kforce Professional Staffing; In Winona, MN, the winners are Authority for winning the Agency of Kolb+Co SC; Laughlin/Constable; Man- Catholic Charities of the Diocese on the Year Award from the Arkansas power, Inc.; Metropolitan Milwaukee Winona; Hiawatha Broadband Commu- Chapter of the National Association of Association of Commerce; Mortgage nications (Also listed as HMC Inc.); Housing and Rehabilitation Officials.

VerDate Mar 15 2010 02:26 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.015 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE S7348 CONGRESSIONAL RECORD — SENATE September 22, 2010 According to the Awards Committee, nounced that the Speaker has signed mine State residency for higher education the Fort Smith Authority stood out in the following enrolled bill: purposes and to authorize the cancellation of removal and adjustment of status of certain its achievements through its Neighbor- H.R. 3562. An act to designate the federally alien students who are long-term United hood Stabilization Program and its re- occupied building located at 1220 Echelon States residents and who entered the United Parkway in Jackson, Mississippi, as the cently gained status as a redevelop- States as children, and for other purposes. ment agency, a status that will enable ‘James Chaney, Andrew Goodman, Michael it to do even more good work in the fu- Schwerner, and Roy K. Moore Federal Build- f ture. ing’. The Fort Smith Housing Authority The enrolled bill was subsequently EXECUTIVE AND OTHER does tremendous work in its local Ar- signed by the President pro tempore COMMUNICATIONS (Mr. INOUYE). kansas community, serving people with The following communications were disabilities, seniors, and low income MEASURES DISCHARGED laid before the Senate, together with families by providing quality, afford- Pursuant to 5 U.S.C. 802(c), the fol- accompanying papers, reports, and doc- able housing that creates positive liv- lowing joint resolution was discharged uments, and were referred as indicated: ing environments. I commend the by petition from the Committee on EC–7435. A communication from the Senior Authority’s long-standing efforts to in- Health, Education, Labor, and Pen- Program Analyst, Federal Aviation Adminis- crease the availability of safe, afford- sions, and placed on the Calendar: tration, Department of Transportation, able housing and to improve quality of S.J. Res. 30. A joint resolution providing transmitting, pursuant to law, the report of life and economic vitality. for congressional disapproval under chapter 8 a rule entitled ‘‘Standard Instrument Ap- I salute the Authority and the entire of title 5, United States Code, of the rule proach Procedures (27); Amdt. No. 3391’’ Fort Smith community for achieving submitted by the National Mediation Board (RIN2120–AA65) received in the Office of the this prestigious recognition.∑ relating to representation election proce- President of the Senate on September 15, dures. 2010; to the Committee on Commerce, f Science, and Transportation. f EC–7436. A communication from the Senior RECOGNIZING THE ST. MARK DISCHARGED PURSUANT TO 5 Program Analyst, Federal Aviation Adminis- SANCTUARY CHOIR U.S.C. 802(C) (CONGRESSIONAL tration, Department of Transportation, ∑ Mrs. LINCOLN. Mr. President, today REVIEW ACT) transmitting, pursuant to law, the report of I recognize St. Mark Sanctuary Choir a rule entitled ‘‘Standard Instrument Ap- We, the undersigned Senators, in accord- proach Procedures (152); Amdt. No. 3388’’ from Little Rock, which recently ad- ance with chapter 8 of title 5, United States (RIN2120–AA65) received in the Office of the vanced to the national level of ‘‘How Code, hereby direct that the Senate Com- President of the Senate on September 15, Sweet the Sound,’’ a nationwide con- mittee on Health, Education, Labor, and 2010; to the Committee on Commerce, test in search for the best church choir Pensions be discharged of further consider- Science, and Transportation. in America. ation of S.J. Res. 30, a resolution on pro- EC–7437. A communication from the Senior St. Mark Choir earned a trip to the viding for congressional disapproval of a rule Program Analyst, Federal Aviation Adminis- upcoming final competition in Wash- submitted by the National Mediation Board tration, Department of Transportation, relating to representation election proce- ington, DC, after winning the regional transmitting, pursuant to law, the report of dures, and further, that the resolution be im- a rule entitled ‘‘Standard Instrument Ap- ‘‘How Sweet the Sound’’ competition mediately placed upon the Legislative Cal- proach Procedures (8); Amdt. No. 3389’’ held in Memphis earlier this month. endar under General Orders. (RIN2120–AA65) received in the Office of the Under the leadership of Darius Nelson, George S. LeMieux, Jon Kyl, Mike Crapo, President of the Senate on September 15, Minister of Music, the choir surpassed John Barrasso, Richard Burr, Chris- 2010; to the Committee on Commerce, its competition with a stirring ren- topher S. Bond, James E. Risch, John Science, and Transportation. dition of ‘‘It Is Well With My Soul.’’ Ensign, Jim DeMint, Lamar Alexander, EC–7438. A communication from the Attor- St. Mark Choir, comprised of adults Roger F. Wicker, George V. Voinovich, ney Advisor, U.S. Coast Guard, Department Johnny Isakson, David Vitter, John age 18 and up, is the main service choir of Homeland Security, transmitting, pursu- Cornyn, Judd Gregg, Mike Johanns, ant to law, the report of a rule entitled ‘‘Se- of St. Mark. With more than 100 active Chuck Grassley. curity Zone; 2010 Seattle Seafair Fleet Week members, the choir serves faithfully Sam Brownback, Michael B. Enzi, Thad Moving Vessels, Puget Sound, Washington’’ each Sunday morning at the 8 and 11:30 Cochran, Roland W. Burris, Pat Rob- ((RIN1625–AA87) (Docket No. USCG–2010– a.m. worship services. This group of erts, Richard C. Shelby, Jeff Sessions, 0709)) received during adjournment of the talented vocalists from the Little Rock Kay Bailey Hutchison, Susan M. Col- Senate in the Office of the President of the area represent the best of Arkansas, lins, Bob Corker, Lisa Murkowski, Senate on September 12, 2010; to the Com- and I am proud of their efforts to Mitch McConnell, John McCain, mittee on Commerce, Science, and Transpor- Lindsey Graham, Richard G. Lugar, spread music and ministry to others. tation. Robert F. Bennett, Orrin G. Hatch. EC–7439. A communication from the Attor- I celebrate St. Mark Sanctuary Choir f ney Advisor, U.S. Coast Guard, Department and all performers of gospel music for of Homeland Security, transmitting, pursu- their dedication to an art form that MEASURES PLACED ON THE ant to law, the report of a rule entitled brings a message of hope and inspira- CALENDAR ‘‘Safety Zone; Thunder on Niagara, Niagara tion to all people. That is why earlier River, North Tonawanda, NY’’ ((RIN1625– The following bills were read the sec- this year, I submitted a bipartisan res- AA00) (Docket No. USCG–2010–0745)) received ond time, and placed on the calendar: olution in the U.S. Senate designating during adjournment of the Senate in the Of- September as ‘‘Gospel Music Heritage S. 3813. A bill to amend the Public Utility fice of the President of the Senate on Sep- Regulatory Policies Act of 1978 to establish a tember 12, 2010; to the Committee on Com- Month,’’ to honor the lasting legacy of Federal renewable electricity standard, and merce, Science, and Transportation. gospel music in the U.S. and around for other purposes. EC–7440. A communication from the Attor- the world. S. 3815. A bill to amend the Internal Rev- ney Advisor, U.S. Coast Guard, Department In closing, I commend these talented enue Code of 1986 to reduce oil consumption of Homeland Security, transmitting, pursu- individuals at St. Mark Church for and improve energy security, and for other ant to law, the report of a rule entitled their dedication to serving others purposes. ‘‘Safety Zone; Kanawha River Mile 56.7 to through music and worship. I congratu- S. 3816. A bill to amend the Internal Rev- 57.6, Charleston, WV’’ ((RIN1625–AA00) late Bishop Steven M. Arnold and the enue Code of 1986 to create American jobs (Docket No. USCG–2010–0208)) received dur- and to prevent the offshoring of such jobs ing adjournment of the Senate in the Office entire congregation for this tremen- overseas. of the President of the Senate on September dous achievement.∑ 12, 2010; to the Committee on Commerce, f f Science, and Transportation. MEASURES READ THE FIRST TIME EC–7441. A communication from the Attor- MESSAGE FROM THE HOUSE ney Advisor, U.S. Coast Guard, Department The following bill was read the first of Homeland Security, transmitting, pursu- ENROLLED BILL SIGNED time: ant to law, the report of a rule entitled At 4:11 p.m., a message from the S. 3827. A bill to amend the Illegal Immi- ‘‘Safety Zone; Fireworks within the Captain House of Representatives, delivered by gration Reform and Immigrant Responsi- of the Port Sector Boston Zone’’ ((RIN1625– Mrs. Cole, one of its reading clerks, an- bility Act of 1996 to permit States to deter- AA00) (Docket No. USCG–2010–0685)) received

VerDate Mar 15 2010 03:11 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.035 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE September 22, 2010 CONGRESSIONAL RECORD — SENATE S7349 during adjournment of the Senate in the Of- transmitting, pursuant to law, the report of FAA–2010–0683)) received in the Office of the fice of the President of the Senate on Sep- a rule entitled ‘‘Airworthiness Directives; President of the Senate on September 15, tember 12, 2010; to the Committee on Com- Hawker Beechcraft Corporation (Type Cer- 2010; to the Committee on Commerce, merce, Science, and Transportation. tificate No. A00010WI Previously Held by Science, and Transportation. EC–7442. A communication from the Attor- Raytheon Aircraft Company) Model 390 Air- EC–7457. A communication from the Senior ney, U.S. Coast Guard, Department of Home- planes’’ ((RIN2120–AA64) (Docket No. FAA– Program Analyst, Federal Aviation Adminis- land Security, transmitting, pursuant to 2010–0523)) received in the Office of the Presi- tration, Department of Transportation, law, the report of a rule entitled ‘‘Safety dent of the Senate on September 15, 2010; to transmitting, pursuant to law, the report of Zone; Live-Fire Gun Exercise, M/V Del the Committee on Commerce, Science, and a rule entitled ‘‘Airworthiness Directives; Monte, James River, VA’’ ((RIN1625–AA00) Transportation. GA 8 Airvan (Pty) Ltd Models GA8 and GA8– (Docket No. USCG–2010–0585)) received dur- EC–7450. A communication from the Senior TC320 Airplanes’’ ((RIN2120–AA64) (Docket ing adjournment of the Senate in the Office Program Analyst, Federal Aviation Adminis- No. FAA–2010–0847)) received in the Office of of the President of the Senate on September tration, Department of Transportation, the President of the Senate on September 15, 12, 2010; to the Committee on Commerce, transmitting, pursuant to law, the report of 2010; to the Committee on Commerce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; Science, and Transportation. EC–7443. A communication from the Attor- Bombardier, Inc. Model CL–600–2B19 (Re- EC–7458. A communication from the Senior ney Advisor, U.S. Coast Guard, Department gional Jet Series 100 and 440) Airplanes’’ Program Analyst, Federal Aviation Adminis- of Homeland Security, transmitting, pursu- ((RIN2120–AA64) (Docket No. FAA–2010–0482)) tration, Department of Transportation, ant to law, the report of a rule entitled received in the Office of the President of the transmitting, pursuant to law, the report of ‘‘Safety Zone; DEEPWATER HORIZON Re- Senate on September 15, 2010; to the Com- a rule entitled ‘‘Airworthiness Directives; sponse Staging Area in the Vicinity of Shell mittee on Commerce, Science, and Transpor- Pratt and Whitney (PW) PW4000 Series Tur- Beach, Hopedale, LA’’ ((RIN1625–AA00) tation. bofan Engines’’ ((RIN2120–AA64) (Docket No. (Docket No. USCG–2010–0622)) received dur- EC–7451. A communication from the Senior FAA–2010–0217)) received in the Office of the ing adjournment of the Senate in the Office Program Analyst, Federal Aviation Adminis- President of the Senate on September 15, of the President of the Senate on September tration, Department of Transportation, 2010; to the Committee on Commerce, 12, 2010; to the Committee on Commerce, transmitting, pursuant to law, the report of Science, and Transportation. Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; EC–7459. A communication from the Senior EC–7444. A communication from the Attor- Air Tractor, Inc. Models AT–802 and AT–802A Program Analyst, Federal Aviation Adminis- ney Advisor, U.S. Coast Guard, Department Airplanes’’ ((RIN2120–AA64) (Docket No. tration, Department of Transportation, of Homeland Security, transmitting, pursu- FAA–2010–0827)) received in the Office of the transmitting, pursuant to law, the report of ant to law, the report of a rule entitled President of the Senate on September 15, a rule entitled ‘‘Airworthiness Directives; Si- ‘‘Safety Zone; He’eia Kea Small Boat Harbor, 2010; to the Committee on Commerce, korsky Aircraft Corporation Model S–76A, S– Kaneohe Bay, Oahu, HI’’ ((RIN1625–AA00) Science, and Transportation. 78B, and S–76C Helicopters’’ ((RIN2120–AA64) (Docket No. USCG–2010–0458)) received dur- EC–7452. A communication from the Senior (Docket No. FAA–2008–0609)) received in the ing adjournment of the Senate in the Office Program Analyst, Federal Aviation Adminis- Office of the President of the Senate on Sep- of the President of the Senate on September tration, Department of Transportation, tember 15, 2010; to the Committee on Com- 12, 2010; to the Committee on Commerce, transmitting, pursuant to law, the report of merce, Science, and Transportation. EC–7460. A communication from the Senior Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; Program Analyst, Federal Aviation Adminis- EC–7445. A communication from the Attor- Airbus Model A318, A319, A320, and A321 Se- tration, Department of Transportation, ney, U.S. Coast Guard, Department of Home- ries Airplanes’’ ((RIN2120–AA64) (Docket No. transmitting, pursuant to law, the report of land Security, transmitting, pursuant to FAA–2010–0804)) received in the Office of the a rule entitled ‘‘Airworthiness Directives; law, the report of a rule entitled ‘‘Safety President of the Senate on September 15, Bombardier, Inc. Model CL–600–2C10 (Re- Zone; Transformers 3 Movie Filming, Chi- 2010; to the Committee on Commerce, gional Jet Series 700, 701 and 702), CL–600– cago River, Chicago, IL’’ ((RIN1625–AA00) Science, and Transportation. 2D15 (Regional Jet Series 705), and CL–600– (Docket No. USCG–2010–0706)) received dur- EC–7453. A communication from the Senior 2D24 (Regional Jet Series 900) Airplanes’’ ing adjournment of the Senate in the Office Program Analyst, Federal Aviation Adminis- ((RIN2120–AA64) (Docket No. FAA–2009–1110)) of the President of the Senate on September tration, Department of Transportation, received in the Office of the President of the 12, 2010; to the Committee on Commerce, transmitting, pursuant to law, the report of Senate on September 15, 2010; to the Com- Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; mittee on Commerce, Science, and Transpor- EC–7446. A communication from the Attor- Empresa Brasileira de Aeronautica S.A. tation. ney Advisor, U.S. Coast Guard, Department (EMBRAER) Model ERJ 170 and ERJ 190 Air- EC–7461. A communication from the Senior of Homeland Security, transmitting, pursu- planes’’ ((RIN2120–AA64) (Docket No. FAA– Program Analyst, Federal Aviation Adminis- ant to law, the report of a rule entitled 2010–0799)) received in the Office of the Presi- tration, Department of Transportation, ‘‘Safety Zone; AVI September Fireworks Dis- dent of the Senate on September 15, 2010; to transmitting, pursuant to law, the report of play, Laughlin, Nevada, NV’’ ((RIN1625– the Committee on Commerce, Science, and a rule entitled ‘‘Airworthiness Directives; AA00) (Docket No. USCG–2010–0020)) received Transportation. The Boeing Company Model 737–700 (IGW) Se- during adjournment of the Senate in the Of- EC–7454. A communication from the Senior ries Airplanes Equipped with Auxiliary Fuel fice of the President of the Senate on Sep- Program Analyst, Federal Aviation Adminis- Tanks Installed in Accordance with Configu- tember 12, 2010; to the Committee on Com- tration, Department of Transportation, ration 3 of Supplemental Type Certificate merce, Science, and Transportation. transmitting, pursuant to law, the report of ST00936NY’’ ((RIN2120–AA64) (Docket No. EC–7447. A communication from the Attor- a rule entitled ‘‘Airworthiness Directives; FAA–2010–0037)) received in the Office of the ney Advisor, U.S. Coast Guard, Department The Boeing Company Model 737–600, –700, President of the Senate on September 21, of Homeland Security, transmitting, pursu- –700C, –800, –900, and –900ER Series Air- 2010; to the Committee on Commerce, ant to law, the report of a rule entitled planes’’ ((RIN2120–AA64) (Docket No. FAA– Science, and Transportation. ‘‘Safety Zone; Celebrate Erie, Presque Isle 2010–0798)) received in the Office of the Presi- EC–7462. A communication from the Senior Bay, Erie, PA’’ ((RIN1625–AA00) (Docket No. dent of the Senate on September 15, 2010; to Program Analyst, Federal Aviation Adminis- USCG–2010–0746)) received during adjourn- the Committee on Commerce, Science, and tration, Department of Transportation, ment of the Senate in the Office of the Presi- Transportation. transmitting, pursuant to law, the report of dent of the Senate on September 12, 2010; to EC–7455. A communication from the Senior a rule entitled ‘‘Airworthiness Directives; the Committee on Commerce, Science, and Program Analyst, Federal Aviation Adminis- Bombardier, Inc. Model DHC–8–200 and DHC– Transportation. tration, Department of Transportation, 8–300 Series Airplanes’’ ((RIN2120–AA64) EC–7448. A communication from the Senior transmitting, pursuant to law, the report of (Docket No. FAA–2010–0432)) received in the Program Analyst, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; Office of the President of the Senate on Sep- tration, Department of Transportation, Pratt and Whitney Canada (PandWC) tember 21, 2010; to the Committee on Com- transmitting, pursuant to law, the report of PW530A, PW545A, and PW545B Turbofan En- merce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; gines’’ ((RIN2120–AA64) (Docket No. FAA– EC–7463. A communication from the Attor- Empresa Brasileira de Aeronautica S.A. 2010–0860)) received in the Office of the Presi- ney Advisor, U.S. Coast Guard, Department (EMBRAER) Model ERJ 170 Airplanes; and dent of the Senate on September 15, 2010; to of Homeland Security, transmitting, pursu- Model ERJ 190–100 LR, –100 IGW, –100 STD, the Committee on Commerce, Science, and ant to law, the report of a rule entitled –200 STD, –200LR, and –200 IGW Airplanes’’ Transportation. ‘‘Regulated Navigation Area: Galveston ((RIN2120–AA64) (Docket No. FAA–2009–0497)) EC–7456. A communication from the Senior Channel, TX’’ ((RIN1625–AA11) (Docket No. received in the Office of the President of the Program Analyst, Federal Aviation Adminis- USCG–2009–0931)) received during adjourn- Senate on September 15, 2010; to the Com- tration, Department of Transportation, ment of the Senate in the Office of the Presi- mittee on Commerce, Science, and Transpor- transmitting, pursuant to law, the report of dent of the Senate on September 12, 2010; to tation. a rule entitled ‘‘Airworthiness Directives; the Committee on Commerce, Science, and EC–7449. A communication from the Senior Thielert Aircraft Engines GmbH (TAE) Mod- Transportation. Program Analyst, Federal Aviation Adminis- els TAE 125–01 and TAE 125–02–99 Recipro- EC–7464. A communication from the Attor- tration, Department of Transportation, cating Engines’’ ((RIN2120–AA64) (Docket No. ney Advisor, U.S. Coast Guard, Department

VerDate Mar 15 2010 02:26 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.016 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE S7350 CONGRESSIONAL RECORD — SENATE September 22, 2010 of Homeland Security, transmitting, pursu- tember 21, 2010; to the Committee on Com- transmitting, pursuant to law, the report of ant to law, the report of a rule entitled merce, Science, and Transportation. a rule entitled ‘‘Amendment of Class E Air- ‘‘Regulated Navigation Area: Boom Deploy- EC–7472. A communication from the Regu- space; Port Angeles, WA’’ ((RIN2120–AA66) ment Strategy Testing, Great Bay, NH’’ latory Ombudsman, Federal Motor Carrier (Docket No. FAA–2010–0002)) received in the ((RIN1625–AA11) (Docket No. USCG–2010– Safety Administration, Department of Office of the President of the Senate on Sep- 0666)) received during adjournment of the Transportation, transmitting, pursuant to tember 15, 2010; to the Committee on Com- Senate in the Office of the President of the law, the report of a rule entitled ‘‘Compli- merce, Science, and Transportation. Senate on September 12, 2010; to the Com- ance with Interstate Motor Carrier Noise EC–7481. A communication from the Senior mittee on Commerce, Science, and Transpor- Emission Standards: Exhaust Systems’’ Program Analyst, Federal Aviation Adminis- tation. (RIN2126–AB31) received in the Office of the tration, Department of Transportation, EC–7465. A communication from the Attor- President of the Senate on September 21, transmitting, pursuant to law, the report of ney Advisor, U.S. Coast Guard, Department 2010; to the Committee on Commerce, a rule entitled ‘‘Modification of Class E Air- of Homeland Security, transmitting, pursu- Science, and Transportation. space; Astoria, OR’’ ((RIN2120–AA66) (Docket ant to law, the report of a rule entitled EC–7473. A communication from the Regu- No. FAA–2009–0902)) received in the Office of ‘‘Drawbridge Operation Regulation; Eliza- latory Ombudsman, Federal Motor Carrier the President of the Senate on September 15, beth River, Norfolk, VA’’ ((RIN1625–AA09) Safety Administration, Department of 2010; to the Committee on Commerce, (Docket No. USCG–2009–0754)) received dur- Transportation, transmitting, pursuant to Science, and Transportation. ing adjournment of the Senate in the Office law, the report of a rule entitled ‘‘Parts and EC–7482. A communication from the Dep- of the President of the Senate on September Accessories Necessary for Safe Operation: uty Assistant Administrator for Regulatory 12, 2010; to the Committee on Commerce, Antilock Brake Systems’’ (RIN2126–AB27) re- Programs, National Marine Fisheries Serv- Science, and Transportation. ceived in the Office of the President of the ice, Department of Commerce, transmitting, EC–7466. A communication from the Attor- Senate on September 21, 2010; to the Com- pursuant to law, the report of a rule entitled ney, U.S. Coast Guard, Department of Home- mittee on Commerce, Science, and Transpor- ‘‘Fisheries of the Exclusive Economic Zone land Security, transmitting, pursuant to tation. Off Alaska; Chinook Salmon Bycatch Man- law, the report of a rule entitled ‘‘Navigation EC–7474. A communication from the Pro- agement in the Bering Sea Pollock Fishery’’ and Navigable Waters; Technical, Organiza- gram Analyst, Federal Aviation Administra- (RIN0648–AX89) received in the Office of the tional, and Conforming Amendments, Sector tion, Department of Transportation, trans- President of the Senate on September 15, Columbia River, WA’’ ((RIN1625–ZA25) (Dock- mitting, pursuant to law, the report of a rule 2010; to the Committee on Commerce, et No. USCG–2010–0351)) received during ad- entitled ‘‘Pilot, Flight Instructor, and Pilot Science, and Transportation. journment of the Senate in the Office of the School Certification’’ ((RIN2120–AI86) (Dock- EC–7483. A communication from the Acting President of the Senate on September 12, et No. FAA–2006–26661)) received in the Office Director of Sustainable Fisheries, National 2010; to the Committee on Commerce, of the President of the Senate on September Marine Fisheries Service, Department of Science, and Transportation. 21, 2010; to the Committee on Commerce, Commerce, transmitting, pursuant to law, EC–7467. A communication from the Attor- Science, and Transportation. the report of a rule entitled ‘‘Fisheries of the ney, U.S. Coast Guard, Department of Home- EC–7475. A communication from the Assist- Exclusive Economic Zone Off Alaska; Pol- land Security, transmitting, pursuant to ant Chief Counsel for Hazardous Materials lock in Statistical Area 630 in the Gulf of law, the report of a rule entitled ‘‘Navigation Safety, Pipeline and Hazardous Materials Alaska’’ (RIN0648–XY57) received in the Of- and Navigable Waters; Technical, Organiza- Safety Administration, Department of fice of the President of the Senate on Sep- tional, and Conforming Amendments, Sector Transportation, transmitting, pursuant to tember 15, 2010; to the Committee on Com- Puget Sound, WA’’ ((RIN1625–ZA25) (Docket law, the report of a rule entitled ‘‘Hazardous merce, Science, and Transportation. EC–7484. A communication from the Attor- No. USCG–2010–0351)) received during ad- Materials: Minor Editorial Corrections and ney Advisor, U.S. Coast Guard, Department journment of the Senate in the Office of the Clarifications’’ (RIN2137–AE61) received in of Homeland Security, transmitting, pursu- President of the Senate on September 12, the Office of the President of the Senate on ant to law, the report of a rule entitled 2010; to the Committee on Commerce, September 15, 2010; to the Committee on ‘‘Quarterly Listings; Safety Zones; Security Science, and Transportation. Commerce, Science, and Transportation. Zones; Special Local Regulations; Regulated EC–7468. A communication from the Attor- EC–7476. A communication from the Senior Navigation Areas; Drawbridge Operation ney, U.S. Coast Guard, Department of Home- Program Analyst, Federal Aviation Adminis- Regulations’’ (Docket No. USCG–2010–0732) land Security, transmitting, pursuant to tration, Department of Transportation, received in the Office of the President of the law, the report of a rule entitled ‘‘Navigation transmitting, pursuant to law, the report of Senate on September 21, 2010; to the Com- and Navigable Waters; Technical, Organiza- a rule entitled ‘‘Amendment of Class D and mittee on Commerce, Science, and Transpor- tional, and Conforming Amendments, Class E Airspace; Kaneohe, HI’’ ((RIN2120– tation. Bridges’’ ((RIN1625–ZA25) (Docket No. USCG– AA66) (Docket No. FAA–2010–0530)) received EC–7485. A communication from the Chief 2010–0351)) received during adjournment of in the Office of the President of the Senate of the Foreign Species Branch, Fish and the Senate in the Office of the President of on September 15, 2010; to the Committee on Wildlife Services, Department of the Inte- the Senate on September 12, 2010; to the Commerce, Science, and Transportation. rior, transmitting, pursuant to law, the re- Committee on Commerce, Science, and EC–7477. A communication from the Senior port of a rule entitled ‘‘Endangered and Transportation. Program Analyst, Federal Aviation Adminis- Threatened Wildlife and Plants; Final Rule EC–7469. A communication from the Attor- tration, Department of Transportation, to List the Medium Tree-Finch ney, U.S. Coast Guard, Department of Home- transmitting, pursuant to law, the report of (Camarhynchus pauper) as Endangered land Security, transmitting, pursuant to a rule entitled ‘‘Revocation of Class E Air- Throughout Its Range’’ (RIN1018–AW01) re- law, the report of a rule entitled ‘‘Special space; Eastsound, WA’’ ((RIN2120–AA66) ceived in the Office of the President of the Local Regulation for Marine Events; Eliza- (Docket No. FAA–2010–0387)) received in the Senate on September 21, 2010; to the Com- beth River, Portsmouth, VA’’ ((RIN1625– Office of the President of the Senate on Sep- mittee on Environment and Public Works. AA08) (Docket No. USCG–2010–0713)) received tember 15, 2010; to the Committee on Com- EC–7486. A communication from the Chief during adjournment of the Senate in the Of- merce, Science, and Transportation. of the Foreign Species Branch, Fish and fice of the President of the Senate on Sep- EC–7478. A communication from the Senior Wildlife Services, Department of the Inte- tember 12, 2010; to the Committee on Com- Program Analyst, Federal Aviation Adminis- rior, transmitting, pursuant to law, the re- merce, Science, and Transportation. tration, Department of Transportation, port of a rule entitled ‘‘Endangered and EC–7470. A communication from the Attor- transmitting, pursuant to law, the report of Threatened Wildlife and Plants; Determina- ney, U.S. Coast Guard, Department of Home- a rule entitled ‘‘Amendment of Class E Air- tion of Threatened Status for Five Penguin land Security, transmitting, pursuant to space; Litchfield, MN’’ ((RIN2120–AA66) Species’’ (RIN1018–AW40) received in the Of- law, the report of a rule entitled ‘‘Special (Docket No. FAA–2010–0401)) received in the fice of the President of the Senate on Sep- Local Regulation; Marine Events Within the Office of the President of the Senate on Sep- tember 21, 2010; to the Committee on Envi- Captain of the Port Sector Boston Zone’’ tember 15, 2010; to the Committee on Com- ronment and Public Works. ((RIN1625–AA08) (Docket No. USCG–2010– merce, Science, and Transportation. EC–7487. A communication from the Under 0675)) received during adjournment of the EC–7479. A communication from the Senior Secretary of Defense (Personnel and Readi- Senate in the Office of the President of the Program Analyst, Federal Aviation Adminis- ness), transmitting a report on the approved Senate on September 12, 2010; to the Com- tration, Department of Transportation, retirement of Lieutenant General Richard C. mittee on Commerce, Science, and Transpor- transmitting, pursuant to law, the report of Zilmer, United States Marine Corps, and his tation. a rule entitled ‘‘Amendment of Class E Air- advancement to the grade of lieutenant gen- EC–7471. A communication from the Regu- space; Center, TX’’ ((RIN2120–AA66) (Docket eral on the retired list; to the Committee on latory Ombudsman, Federal Motor Carrier No. FAA–2010–0181)) received in the Office of Armed Services. Safety Administration, Department of the President of the Senate on September 15, EC–7488. A communication from the Direc- Transportation, transmitting, pursuant to 2010; to the Committee on Commerce, tor of the Regulatory Management Division, law, the report of a rule entitled ‘‘Electronic Science, and Transportation. Office of Policy, Economics, and Innovation, On-Board Recorders for Hours-of-Service EC–7480. A communication from the Senior Environmental Protection Agency, transmit- Compliance’’ (RIN2126–AA89) received in the Program Analyst, Federal Aviation Adminis- ting, pursuant to law, the report of a rule en- Office of the President of the Senate on Sep- tration, Department of Transportation, titled ‘‘Nebraska: Final Authorization of

VerDate Mar 15 2010 02:26 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.018 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE September 22, 2010 CONGRESSIONAL RECORD — SENATE S7351 State Hazardous Waste Management Pro- EC–7496. A communication from the Direc- Environmental Protection Agency, transmit- gram Revisions’’ (FRL No. 9205–3) received in tor of the Regulatory Management Division, ting, pursuant to law, the report of a rule en- the Office of the President of the Senate on Office of Policy, Economics, and Innovation, titled ‘‘Technical Amendments to Pesticide September 21, 2010; to the Committee on En- Environmental Protection Agency, transmit- Regulations’’ (FRL No. 8844–7) received in vironment and Public Works. ting, pursuant to law, the report of a rule en- the Office of the President of the Senate on EC–7489. A communication from the Direc- titled ‘‘Ocean Dumping; Correction of Typo- September 21, 2010; to the Committee on Ag- tor of the Regulatory Management Division, graphical Error in 2006 Federal Register riculture, Nutrition, and Forestry. Office of Policy, Economics, and Innovation, Final Rule for Designation of Ocean Dredged EC–7504. A communication from the Sec- Environmental Protection Agency, transmit- Material Disposal Site at Coos Bay, Oregon, retary of the Treasury, transmitting, pursu- ting, pursuant to law, the report of a rule en- Site F; Restoration of Coordinates for Ocean ant to law, a six–month periodic report on titled ‘‘Approval and Promulgation of Air Dredged Material Disposal Site at Coos Bay, the national emergency declared in Execu- Quality Implementation Plans; Maryland; Oregon, Site H’’ (FRL No. 9161–6) received in tive Order 12978 of October 21, 1995, with re- Adoption of Control Techniques Guidelines the Office of the President of the Senate on spect to significant narcotics traffickers cen- for Flexible Packaging and Printing’’ (FRL September 21, 2010; to the Committee on En- tered in Colombia; to the Committee on No. 9205–9) received in the Office of the Presi- vironment and Public Works. Banking, Housing, and Urban Affairs. dent of the Senate on September 21, 2010; to EC–7497. A communication from the Direc- EC–7505. A communication from the Sec- the Committee on Environment and Public tor of the Regulatory Management Division, retary of the Treasury, transmitting, pursu- Works. Office of Policy, Economics, and Innovation, ant to law, a six-month periodic report on EC–7490. A communication from the Direc- Environmental Protection Agency, transmit- the national emergency with respect to Iran tor of the Regulatory Management Division, ting, pursuant to law, the report of a rule en- as declared in Executive Order 12957; to the Office of Policy, Economics, and Innovation, titled ‘‘Approval and Promulgation of Air Committee on Banking, Housing, and Urban Environmental Protection Agency, transmit- Quality Implementation Plans; New Mexico; Affairs. ting, pursuant to law, the report of a rule en- Revisions to Emissions Inventory Reporting EC–7506. A communication from the Chair- titled ‘‘Approval and Promulgation of Air Requirements, and General Provisions’’ man and President of the Export-Import Quality Implementation Plans; Maryland; (FRL No. 9187–8) received in the Office of the Bank, transmitting, pursuant to law, a re- Control Technique Guidelines for Paper, President of the Senate on September 21, port relative to transactions involving U.S. Film, and Foil Coatings’’ (FRL No. 9206–4) 2010; to the Committee on Environment and exports to Hungary; to the Committee on received in the Office of the President of the Public Works. Banking, Housing, and Urban Affairs. Senate on September 21, 2010; to the Com- EC–7498. A communication from the Direc- f mittee on Environment and Public Works. tor of the Regulatory Management Division, EC–7491. A communication from the Direc- Office of Policy, Economics, and Innovation, PETITIONS AND MEMORIALS tor of the Regulatory Management Division, Environmental Protection Agency, transmit- Office of Policy, Economics, and Innovation, The following petitions and memo- ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- titled ‘‘Approval and Promulgation of Imple- rials were laid before the Senate and ting, pursuant to law, the report of a rule en- mentation Plans; Commonwealth of Ken- were referred or ordered to lie on the titled ‘‘Approval and Promulgation of Air tucky; Prevention of Significant Deteriora- table as indicated: Quality Implementation Plans; Michigan; tion and Nonattainment New Source Review POM–138. A resolution adopted by the St. PSD Regulations’’ (FRL No. 9205–6) received Rules: Nitrogen Oxide as Precursor to Charles County Council of the State of Mis- in the Office of the President of the Senate Ozone’’ (FRL No. 9201–1) received in the Of- on September 21, 2010; to the Committee on souri relative to the Comprehensive Plan for fice of the President of the Senate on Sep- Environment and Public Works. Flood Control on the Mississippi and Illinois EC–7492. A communication from the Direc- tember 21, 2010; to the Committee on Envi- Rivers; to the Committee on Environment tor of the Regulatory Management Division, ronment and Public Works. and Public Works. Office of Policy, Economics, and Innovation, EC–7499. A communication from the Direc- POM–139. A resolution adopted by the City Environmental Protection Agency, transmit- tor of the Regulatory Management Division, of Wentzville, Missouri relative to the Com- ting, pursuant to law, the report of a rule en- Office of Policy, Economics, and Innovation, prehensive Plan for Flood Control on the titled ‘‘Approval and Promulgation of Imple- Environmental Protection Agency, transmit- Mississippi and Illinois Rivers; to the Com- mentation Plans and Designation of Areas ting, pursuant to law, the report of a rule en- mittee on Environment and Public Works. for Air Quality Planning Purposes; Michi- titled ‘‘Approval and Promulgation of Air POM–140. A message from the Canadian gan; Redesignation of the Allegan County Quality Implementation Plans; Texas; Revi- Parliament extending best wishes to the Areas to Attainment for Ozone’’ (FRL No. sions to the New Source Review (NSR) State United States Congress and the people of the 9204–5) received in the Office of the President Implementation Plan (SIP); Prevention of United States of America as they celebrate of the Senate on September 21, 2010; to the Significant Deterioration (PSD)’’ (FRL No. Independence Day on July 4, 2010; to the Committee on Environment and Public 9199–8) received in the Office of the President Committee on Foreign Relations. Works. of the Senate on September 21, 2010; to the POM–141. A message from the National As- EC–7493. A communication from the Direc- Committee on Environment and Public sembly of Kuwait to the President of the tor of the Regulatory Management Division, Works. Senate expressing congratulations on the oc- Office of Policy, Economics, and Innovation, EC–7500. A communication from the Direc- casion of the National Day of the United Environmental Protection Agency, transmit- tor of the Regulatory Management Division, States of America; to the Committee on For- ting, pursuant to law, the report of a rule en- Office of Policy, Economics, and Innovation, eign Relations. Environmental Protection Agency, transmit- titled ‘‘Mandatory Reporting of Greenhouse f Gases’’ (FRL No. 9204–7) received in the Of- ting, pursuant to law, the report of a rule en- fice of the President of the Senate on Sep- titled ‘‘Approval and Promulgation of Imple- REPORTS OF COMMITTEES tember 21, 2010; to the Committee on Envi- mentation Plans; Texas; Revisions to the The following reports of committees New Source Review (NSR) State Implemen- ronment and Public Works. were submitted: EC–7494. A communication from the Direc- tation Plan (SIP); Nonattainment NSR tor of the Regulatory Management Division, (NNSR) for the 1-Hour and the 1997 8-Hour By Mr. DORGAN, from the Committee on Office of Policy, Economics, and Innovation, Ozone Standard, NSR Reform, and a Stand- Indian Affairs, without amendment: Environmental Protection Agency, transmit- ard Permit’’ (FRL No. 9199–6) received in the H.R. 3553. A bill to exclude from consider- ting, pursuant to law, the report of a rule en- Office of the President of the Senate on Sep- ation as income under the Native American titled ‘‘Revisions to the California State Im- tember 21, 2010; to the Committee on Envi- Housing Assistance and Self-Determination plementation Plan, San Joaquin Valley Uni- ronment and Public Works. Act of 1996 amounts received by a family fied Air Pollution Control District’’ (FRL EC–7501. A communication from the Under from the Department of Veterans Affairs for No. 9204–3) received in the Office of the Presi- Secretary of Defense (Comptroller), trans- service-related disabilities of a member of dent of the Senate on September 21, 2010; to mitting, pursuant to law, a report relative to the family (Rept. No. 111–299). the Committee on Environment and Public a violation of the Antideficiency Act that oc- By Mr. LIEBERMAN, from the Committee Works. curred within the Department of the Navy on Homeland Security and Governmental Af- EC–7495. A communication from the Direc- and was assigned case number 09–06; to the fairs, with amendments: tor of the Regulatory Management Division, Committee on Appropriations. H.R. 2092. A bill to amend the National Office of Policy, Economics, and Innovation, EC–7502. A communication from the Under Children’s Island Act of 1995 to expand allow- Environmental Protection Agency, transmit- Secretary of Defense (Comptroller), trans- able uses for Kingman and Heritage Islands ting, pursuant to law, the report of a rule en- mitting, pursuant to law, a report relative to by the District of Columbia, and for other titled ‘‘Approval and Promulgation of Air a violation of the Antideficiency Act that oc- purposes (Rept. No. 111–300). Quality Implementation Plans; Indiana; Re- curred within the Department of the Navy By Mr. LEAHY, from the Committee on vised Format for Materials Being Incor- and was assigned case number 09–05; to the the Judiciary, with an amendment in the na- porated by Reference’’ (FRL No. 9200–1) re- Committee on Appropriations. ture of a substitute: ceived in the Office of the President of the EC–7503. A communication from the Direc- S. 2925. A bill to establish a grant program Senate on September 21, 2010; to the Com- tor of the Regulatory Management Division, to benefit victims of sex trafficking, and for mittee on Environment and Public Works. Office of Policy, Economics, and Innovation, other purposes.

VerDate Mar 15 2010 03:11 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.019 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE S7352 CONGRESSIONAL RECORD — SENATE September 22, 2010 INTRODUCTION OF BILLS AND rules of the executive branch shall have no medal to the Montford Point Marines JOINT RESOLUTIONS force or effect unless a joint resolution of ap- of World War II. proval is enacted into law; to the Committee S. 1760 The following bills and joint resolu- on Homeland Security and Governmental Af- tions were introduced, read the first fairs. At the request of Mr. LAUTENBERG, and second times by unanimous con- By Mr. DURBIN (for himself, Mr. the name of the Senator from New Jer- sent, and referred as indicated: LUGAR, and Mr. LEAHY): sey (Mr. MENENDEZ) was added as a co- sponsor of S. 1760, a bill to amend the By Mr. DODD (for himself, Mr. ENZI, S. 3827. A bill to amend the Illegal Immi- and Mr. HARKIN): gration Reform and Immigrant Responsi- Public Health Service Act with regard S. 3817. A bill to amend the Child Abuse bility Act of 1996 to permit States to deter- to research on asthma, and for other Prevention and Treatment Act, the Family mine State residency for higher education purposes. purposes and to authorize the cancellation of Violence Prevention and Services Act, the S. 2814 Child Abuse Prevention and Treatment and removal and adjustment of status of certain alien students who are long-term United At the request of Ms. COLLINS, the Adoption Reform Act of 1978, and the Aban- name of the Senator from Oregon (Mr. doned Infants Assistance Act of 1988 to reau- States residents and who entered the United thorize the Acts, and for other purposes; to States as children, and for other purposes; WYDEN) was added as a cosponsor of S. the Committee on Health, Education, Labor, read the first time. 2814, a bill to amend title XVIII of the and Pensions. By Mr. PRYOR: Social Security Act to ensure more By Mr. CASEY: S. 3828. A bill to make technical correc- timely access to home health services S. 3818. A bill to amend the Internal Rev- tions in the Twenty-First Century Commu- for Medicare beneficiaries under the enue Code of 1986 to allow credits for the es- nications and Video Accessibility Act of 2010 Medicare program. and the amendments made by that Act; con- tablishment of franchises with veterans; to S. 2828 the Committee on Finance. sidered and passed. At the request of Mr. KERRY, the By Mrs. LINCOLN (for herself and Mr. f KERRY): name of the Senator from California S. 3819. A bill to amend the Internal Rev- SUBMISSION OF CONCURRENT AND (Mrs. FEINSTEIN) was added as a co- enue Code of 1986 to reduce the mileage SENATE RESOLUTIONS sponsor of S. 2828, a bill to amend the threshold for the deduction for National The following concurrent resolutions Public Health Service Act to authorize Guard and Reservists overnight travel ex- and Senate resolutions were read, and the National Institute of Environ- penses; to the Committee on Finance. mental Health Sciences to conduct a By Mr. BEGICH (for himself and Ms. referred (or acted upon), as indicated: By Ms. SNOWE (for herself, Ms. research program on endocrine disrup- MURKOWSKI): tion, to prevent and reduce the produc- S. 3820. A bill to authorize the Secretary of LANDRIEU, Mr. VITTER, Mr. the Interior to issue permits for a LIEBERMAN, Mr. ENZI, Mrs. SHAHEEN, tion of, and exposure to, chemicals microhydro project in nonwilderness areas Mr. ISAKSON, Mrs. HAGAN, Mr. THUNE, that can undermine the development of within the boundaries of Denali National Ms. CANTWELL, Mr. BOND, Mr. WICK- children before they are born and cause Park and Preserve, to acquire land for ER, Mr. RISCH, and Mr. PRYOR): lifelong impairment to their health Denali National Park and Preserve from S. Res. 638. A resolution celebrating the and function, and for other purposes. 30th anniversary of the Small Business De- Doyon Tourism, Inc., and for other purposes; S. 3178 to the Committee on Energy and Natural Re- velopment Center network; considered and At the request of Mr. BROWN of Ohio, sources. agreed to. By Mr. SPECTER: By Mr. BROWNBACK: the name of the Senator from Mary- S. 3821. A bill to amend title VI of the Civil S. Con. Res. 72. A concurrent resolution land (Mr. CARDIN) was added as a co- Rights Act of 1964 to prohibit discrimination recognizing the 45th anniversary of the sponsor of S. 3178, a bill to amend the on the ground of religion in educational pro- White House Fellows Program; to the Com- Workforce Investment Act of 1998 to gram or activities; to the Committee on mittee on the Judiciary. provide for the establishment of Youth Health, Education, Labor, and Pensions. f Corps programs and provide for wider By Mr. BINGAMAN (for himself and ADDITIONAL COSPONSORS dissemination of the Youth Corps Mr. UDALL of New Mexico): model. S. 3822. A bill to adjust the boundary of the S. 455 Carson National Forest, New Mexico; to the S. 3293 Committee on Energy and Natural Re- At the request of Mr. ROBERTS, the At the request of Mr. HARKIN, the sources. names of the Senator from Oklahoma name of the Senator from Wisconsin By Mr. SESSIONS: (Mr. INHOFE) and the Senator from New (Mr. KOHL) was added as a cosponsor of S. 3823. A bill to remove preferential treat- Hampshire (Mr. GREGG) were added as S. 3293, a bill to reauthorize the Special ment for sleeping bags under the Generalized cosponsors of S. 455, a bill to require Olympics Sport and Empowerment Act System of Preferences, and for other pur- the Secretary of the Treasury to mint of 2004, to provide assistance to Best poses; to the Committee on Finance. coins in recognition of 5 United States Buddies to support the expansion and By Mrs. FEINSTEIN (for herself and Army Five-Star Generals, George Mar- Mrs. BOXER): development of mentoring programs, S. 3824. A bill to amend title 49, United shall, Douglas MacArthur, Dwight Ei- and for other purposes. States Code, to provide for enhanced safety senhower, Henry ‘‘Hap’’ Arnold, and S. 3527 and environmental protection in pipeline Omar Bradley, alumni of the United At the request of Mr. BROWN of Ohio, transportation and to provide for enhanced States Army Command and General the name of the Senator from Ohio reliability in the transportation of United Staff College, Fort Leavenworth, Kan- (Mr. VOINOVICH) was added as a cospon- States energy products by pipeline, and for sas, to coincide with the celebration of other purposes; to the Committee on Com- sor of S. 3527, a bill to amend title the 132nd Anniversary of the founding XVIII of the Social Security Act to en- merce, Science, and Transportation. of the Command By Mr. RISCH (for himself and Mr. sure access to chest radiography (x- CRAPO): and General Staff College. ray) services that use Computer-Aided S. 3825. A bill to amend the Endangered S. 833 Detection for the purpose of early de- Species Act of 1973 to remove certain por- At the request of Mr. SCHUMER, the tection of lung cancer. tions of the distinct population segment of name of the Senator from Minnesota S. 3641 the Rocky Mountain gray wolf from the list (Mr. FRANKEN) was added as a cospon- At the request of Mr. WHITEHOUSE, of threatened species or the list of endan- sor of S. 833, a bill to amend title XIX gered species published under the Endan- the name of the Senator from Michigan gered Species Act of 1973, and for other pur- of the Social Security Act to permit (Ms. STABENOW) was added as a cospon- poses; to the Committee on Environment and States the option to provide Medicaid sor of S. 3641, a bill to create the Na- Public Works. coverage for low-income individuals in- tional Endowment for the Oceans to By Mr. DEMINT (for himself, Mr. SES- fected with HIV. promote the protection and conserva- SIONS, Mr. GRASSLEY, Mr. COBURN, S. 1695 tion of United States ocean, coastal, Mr. CORNYN, Mr. ENSIGN, Mr. VITTER, At the request of Mr. BURRIS, the and Great Lakes ecosystems, and for Mr. THUNE, Mr. RISCH, Mr. INHOFE, other purposes. Mr. ENZI, Mr. WICKER, and Mr. name of the Senator from California HATCH): (Mrs. FEINSTEIN) was added as a co- S. 3704 S. 3826. A bill to amend chapter 8 of title 5, sponsor of S. 1695, a bill to authorize At the request of Mr. BEGICH, the United States Code, to provide that major the award of a Congressional gold names of the Senator from Colorado

VerDate Mar 15 2010 02:26 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.022 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE September 22, 2010 CONGRESSIONAL RECORD — SENATE S7353 (Mr. BENNET) and the Senator from Or- ber 2010 as ‘‘National Work and Family aware of no opposition to this permit, egon (Mr. MERKLEY) were added as co- Month’’. land trade and the legislation itself. I sponsors of S. 3704, a bill to improve AMENDMENT NO. 4627 want to thank the National Park Serv- the financial safety and soundness of At the request of Mrs. MURRAY, the ice for their willingness to come to the the FHA mortgage insurance program. names of the Senator from Missouri table and work constructively to solve S. 3767 (Mr. BOND) and the Senator from Kan- problems. Additionally, I particularly At the request of Mr. LEAHY, the sas (Mr. ROBERTS) were added as co- want to thank the senior senator from name of the Senator from California sponsors of amendment No. 4627 in- Alaska and her staff for their work on (Mrs. FEINSTEIN) was added as a co- tended to be proposed to S. 3454, an this legislation. It’s been a good part- sponsor of S. 3767, a bill to establish ap- original bill to authorize appropria- nership and I appreciate her help. propriate criminal penalties for certain tions for fiscal year 2011 for military By Mr. SPECTER: activities of the Department of De- knowing violations relating to food S. 3821. A bill to amend title VI of the that is misbranded or adulterated. fense, for military construction, and Civil Rights Act of 1964 to prohibit dis- S. 3786 for defense activities of the Depart- crimination on the ground of religion At the request of Mr. KERRY, the ment of Energy, to prescribe military in educational program or activities; to names of the Senator from Oregon (Mr. personnel strengths for such fiscal the Committee on Health, Education, MERKLEY) and the Senator from Mary- year, and for other purposes. Labor, and Pensions. land (Mr. CARDIN) were added as co- f Mr. SPECTER. Mr. President, I have sponsors of S. 3786, a bill to amend the STATEMENTS ON INTRODUCED sought recognition to urge support for Internal Revenue Code of 1986 to per- BILLS AND JOINT RESOLUTIONS legislation I am introducing today to mit the Secretary of the Treasury to amend Title VI of the Civil Rights Act issue prospective guidance clarifying By Mr. BEGICH (for himself and of 1964. the employment status of individuals Ms. MURKOWSKI): Title VI of the Civil Rights Act of S. 3820. A bill to authorize the Sec- for purposes of employment taxes and 1964 prohibits discrimination on the retary of the Interior to issue permits to prevent retroactive assessments basis of race, color, and national origin for a microhydro project in nonwilder- with respect to such clarifications. by any organization, program or activ- ness areas within the boundaries of ity that receives federal financial as- S. 3813 Denali National Park and Preserve, to At the request of Mr. BINGAMAN, the sistance, including colleges and univer- acquire land for Denali National Park sities. If recipients fail to comply, the names of the Senator from Maryland and Preserve from Doyon Tourism, (Mr. CARDIN), the Senator from Iowa federal agency providing the assistance Inc., and for other purposes; to the may terminate funding, and organiza- (Mr. GRASSLEY) and the Senator from Committee on Energy and Natural Re- tions risk losing their eligibility for fu- Michigan (Ms. STABENOW) were added sources. as cosponsors of S. 3813, a bill to amend ture funding. Mr. BEGICH. Mr. President, I wish to The Department of Education’s Of- the Public Utility Regulatory Policies speak about legislation I am intro- fice for Civil Rights, OCR, is tasked Act of 1978 to establish a Federal re- ducing today with support from my fel- with enforcing Title VI as it applies to newable electricity standard, and for low senator from Alaska, Senator MUR- colleges and universities. OCR, how- other purposes. KOWSKI. ever, believes that it does not have ju- S. 3815 It is all too rare that we get to talk risdiction over complaints based solely At the request of Mr. REID, the about successful partnerships between on religion as opposed to race, color, or names of the Senator from Utah (Mr. private industry and the Federal Gov- national origin. This means that when HATCH) and the Senator from New Jer- ernment. This legislation would ce- a Jew, or a Muslim, or a Sikh is har- sey (Mr. MENENDEZ) were added as co- ment just such a successful partnership assed or discriminated against for sponsors of S. 3815, a bill to amend the between a subsidiary of an Alaska Na- being a Jew, a Muslim, or a Sikh, OCR Internal Revenue Code of 1986 to reduce tive Corporation, Doyon Limited and must first determine whether the har- oil consumption and improve energy the National Park Service. assment or discrimination is a result of security, and for other purposes. Briefly this measure would authorize the student’s religion or a result of her S. 3816 a special use permit and over the race, color, or national origin. At the request of Mr. DURBIN, the longer term an equal value land trade In most cases involving such dis- names of the Senator from California to facilitate a micro-hydro project crimination, the perpetrator himself (Mrs. BOXER), the Senator from Ohio within the non-wilderness portion of probably wouldn’t even know if his ha- (Mr. BROWN) and the Senator from the Denali National Park. The micro- tred stems from prejudice based on re- Vermont (Mr. LEAHY) were added as co- hydro project would allow Kantishna ligion or prejudice based on race, color, sponsors of S. 3816, a bill to amend the Roadhouse, a backcountry lodge that or national origin. Yet, before acting Internal Revenue Code of 1986 to create accommodates thousands of visitors a to protect these students, OCR has to American jobs and to prevent the year, to substantially reduce their die- determine the motive behind the per- offshoring of such jobs overseas. sel use. petrator’s actions. This wastes valu- Because the lodge is not connected to S. RES. 586 able time and allows the discrimina- any utility grid, it must generate its tion to continue pending the deter- At the request of Mr. FEINGOLD, the own power. By converting much of the mination. Furthermore, it sets a dan- name of the Senator from Kansas (Mr. load to a renewable resource, the lodge gerous example to require OCR to BROWNBACK) was added as a cosponsor would improve local air quality and re- make such a determination and then in of S. Res. 586, a resolution supporting duce truck traffic on the single park essence say the harassment and dis- democracy, human rights, and civil lib- access road, thus improving the experi- crimination is okay provided it was erties in Egypt. ence for visitors to the lodge and park based on religion and not on race, S. RES. 603 as a whole. It additionally would help color, or national origin. At the request of Mr. INHOFE, his the lodge’s bottom line. Many people are not aware that Title name was added as a cosponsor of S. The legislation has been developed VI does not explicitly prohibit dis- Res. 603, a resolution commemorating with the assistance of Alaska Region of crimination on the basis of religion. the 50th anniversary of the National the National Park Service, and they This is because discrimination on the Council for International Visitors, and are supportive of the project. Eureka basis of religion is prohibited in vir- designating February 16, 2011, as ‘‘Cit- Creek, the source of the hydro power, tually every other civil rights law and izen Diplomacy Day’’. is not a fish-bearing stream, and the has become such a fundamental prin- S. RES. 618 Park Service is interested in acquiring ciple of our country that we just as- At the request of Mrs. LINCOLN, the the lands to be traded from Doyon own- sume the protection exists. For exam- name of the Senator from Georgia (Mr. ership. ple, titles other than Title VI of the ISAKSON) was added as a cosponsor of S. After a good deal of outreach this Civil Rights Act prohibit religious dis- Res. 618, a resolution designating Octo- summer by Doyon and others, we are crimination in other contexts.

VerDate Mar 15 2010 02:26 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.023 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE S7354 CONGRESSIONAL RECORD — SENATE September 22, 2010 In 1941, President Roosevelt issued an amendment is not to limit an edu- could shut off a pipeline immediately executive order prohibiting discrimina- cational entity with a religious affili- in emergency situations; requiring that tion in the Federal Government and in ation, mission, or purpose from apply- high-pressure pipelines be inspected on the defense industry on grounds of ing admissions policies, degree criteria, a regular basis with either internal in- ‘‘race, creed, color, or national origin.’’ student conduct regulations, student strumented internal inspection de- The Civil Rights Act of 1957 established organization regulations, or policies vices, known as smart pigs, or other in- the U.S. Commission on Civil Rights to for faculty and staff employment, when spection methods that are certified to investigate discrimination on the basis these policies relate to the religious af- be just as effective; prohibiting pipe- of ‘‘color, race, religion, or national or- filiation, mission, or purpose of the in- lines that cannot be inspected with the igin.’’ The Civil Rights Act of 1964 stitution. Furthermore, it does not re- best, most-modern techniques from op- itself included numerous prohibitions quire educational entities to provide erating at high pressure; requiring reg- on religious discrimination, just not in accommodation to any student’s reli- ulators to consider seismicity and the Title VI. For example, Title VII of the gion obligations such as dietary re- age of pipes when identifying pipelines 1964 Act prohibits discrimination in strictions and school absences. Finally, that deserve the highest level of over- employment. The Civil Rights Act of if the educational entity permits ex- sight; and establishing the first stand- 1968 governing housing, continued to pressive organizations to exist by fund- ards for effective leak detection sys- prohibit discrimination on the basis of ing or otherwise recognizing them, the tems in natural gas pipelines. ‘‘race, color, religion, sex, or national amendment does not require the entity Together, Senator BOXER and I be- origin.’’ to limit such organizations from exer- lieve these improvements to pipeline When it comes to education, the 1964 cising their freedom of expressive asso- safety will bring about a safer national Act provides two mechanisms that ad- ciation by establishing membership or pipeline system in which disasters, dress religious discrimination. First, such as the tragedy in San Bruno, can the Attorney General is given limited leadership criteria. Therefore, I am proposing an amend- be prevented. authorization to sue public colleges ment to Title VI of the Civil Rights At 6:11 p.m. on September 9, 2010, a that deny admission on the basis of 30-inch steel natural gas pipeline ex- race, color, religion, sex, or national Act of 1964. The amendment simply provides the same protection against ploded in San Bruno, California. origin in a way that limits educational The blast in the Crestmoor neighbor- desegregation. Second, the Attorney discrimination based on religion that this title already provides for discrimi- hood two miles west of San Francisco General is authorized to intervene in International Airport shook the ground certain pending equal protection cases nation based on race, color, and na- tional origin. like an earthquake. The fire raged for claiming discrimination ‘‘on account of more than two hours and burned 15 race, color, religion, sex or national or- By Mrs. FEINSTEIN (for herself acres. igin’’ if the case is of sufficient public and Mrs. BOXER): The resulting loss of life, serious in- importance. However, the Justice De- S. 3824. A bill to amend title 49, juries and property damage are heart- partment may not institute such ac- United States Code, to provide for en- breaking. tions on its own, and no federal agency hanced safety and environmental pro- Two days after the fire, I visited San is authorized to investigate run-of-the- tection in pipeline transportation and Bruno. I walked through the devasta- mill religious discrimination cases at to provide for enhanced reliability in tion with Christopher Hart, vice chair- educational institutions or cases in the transportation of United States en- man of the National Transportation which the victim has been unable to ergy products by pipeline, and for other Safety Board. initiate litigation. I was struck by what I saw: Homes purposes; to the Committee on Com- Why was religious discrimination left leveled or charred; cars burned out; the out of Title VI? Key members of Con- merce, Science, and Transportation. Mrs. FEINSTEIN. Mr. President, on burned and bent pipeline—now a key gress wanted to make sure that reli- part of the investigation—which re- giously affiliated colleges maintained September 9, a gas pipeline underneath a neighborhood in San Bruno, Cali- vealed the intensity of the heat; and a their ability to discriminate in favor of gaping crater that demonstrated the co-religionists in admissions and extra- fornia, just south of San Francisco, ex- ploded, turning a quiet residential area size of the initial blast. curricular activities. The original I was saddened by the disaster and I into something resembling a war zone. version of the bill that would become am determined to act to prevent this The resulting inferno damaged or de- Title VI, drafted by the Department of type of catastrophe from recurring. Justice, did ban religious discrimina- stroyed 55 homes, injured 66, and killed I left San Bruno once again im- tion in federally assisted programs or an estimated 7 people. Three likely vic- pressed by the professionalism of the activities. However, Emanuel Celler, tims have yet to be identified. NTSB. the House Judiciary Committee Chair- This tragedy shows the heavy toll, in Their team was on site and in charge, man and sponsor of the bill, explained death and destruction, when high pres- and I am confident they will work me- during floor debate that he wanted to sure natural gas pipelines fail. The risk ticulously to find out what caused this permit denominational colleges to en- is unacceptably high. deadly disaster. gage in certain forms of discrimination So today I join with my colleague, I am confident that their feedback in favor of co-religionists. Celler stated Senator BARBARA BOXER, to introduce will make pipelines safer in the future. that he wanted to ‘‘avoid a good many the Strengthening Pipeline Safety and But I also left San Bruno determined problems’’ relating to funding that Enforcement Act of 2010. to introduce legislation to address the ‘‘goes to sectarian schools and univer- This legislation is drafted to repair known weaknesses in our pipeline over- sities.’’ He explained that ‘‘for these clear shortcomings in pipeline over- sight system. reasons, the subcommittee and, I am sight that have, unfortunately, come Let me explain the key provisions in sure, the full committee or the major- to our attention as the result of a dev- the Bill. First, we propose to double ity thereof deemed it wise and proper astating tragedy in San Bruno, CA. the number of Federal pipeline safety and expedient—and I emphasize the Specifically, this legislation would inspectors. word ‘expedient’—to omit the word ‘re- improve pipeline safety and oversight The Department of Transportation’s ligion.’ ’’ by expanding Federal inspection capac- Pipeline and Hazardous Materials Safe- Congressman Celler may have been ity; increasing fines for safety viola- ty Administration currently has 100 right that eliminating religion made it tions; adding information to the na- pipeline inspectors, responsible for expedient, but it did not make it cor- tional pipeline mapping system, to as- 217,306 miles of interstate pipeline. rect. Congressman Celler’s concerns sure greater transparency for the pub- Each inspector is responsible for 2,173 could have been addressed with some lic and the regulator; closing jurisdic- miles of pipeline—the distance from clarifying language that such institu- tional loopholes that allow gathering San Francisco to Chicago. tions would still be allowed to favor co- lines, carbon dioxide pipelines, and The vast amount of pipeline per in- religionists. biofuel pipelines to operate without spector has led to lax oversight of pipe- The bill that I am introducing con- oversight; requiring widespread adop- line operators, according to NTSB in- tains such language. It states that the tion of automatic shut-off valves that vestigations.

VerDate Mar 15 2010 03:20 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.030 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE September 22, 2010 CONGRESSIONAL RECORD — SENATE S7355 NTSB Chairman Deborah Hersman Fifth, this legislation will require the Sec. 3. Additional resources for Pipeline and testified in June that: Secretary of Transportation to con- Hazardous Materials Safety Ad- NTSB is concerned that the level of . . . sider pipe age and the seismicity of an ministration. oversight currently being exercised is not area when identifying pipelines deserv- Sec. 4. Civil penalties. Sec. 5. Collection of data on transportation- uniformly applied by . . . PHMSA to ensure ing the highest level of safety over- that the risk-based safety programs are ef- related oil flow lines. sight. Sec. 6. Required installation and use in pipe- fective. The NTSB believes that . . . PHMSA Today, regulators consider a pipe- must establish an aggressive oversight pro- lines of remotely or automati- gram that thoroughly examines each opera- line’s proximity to homes and build- cally controlled valves. tor’s decision-making process for each ele- ings. Other risk factors, such as age of Sec. 7. Standards for natural gas pipeline ment of its integrity management program. pipe, are not a defining consideration. leak detection. Doubling the number of inspectors We know in San Bruno that this pipe Sec. 8. Considerations for identification of was very old. high consequence areas. will still require each inspector to Sec. 9. Regulation by Secretary of Transpor- oversee more than 1,000 miles of pipe- This old pipe had unique twists and turns, and numerous welds that I was tation of gas and hazardous liq- line, but the thoroughness of inspec- uid gathering lines. tion and oversight will be far greater. told would not be allowed on a pipe in- Sec. 10. Inclusion of non-petroleum fuels and Second, this legislation will require stalled today. NTSB identified failed biofuels in definition of haz- deployment of electronic valves capa- welds as the cause of another major ardous liquid. ble of automatically shutting off the pipeline disaster in 2009, so these de- Sec. 11. Required periodic inspection of pipe- gas in a fire or other emergency. serve special attention. lines by instrumented internal I was shocked to learn that it took Sixth, this legislation would require inspection devices. hours to turn off the gas in San Bruno. standards for natural gas leak detec- Sec. 12. Minimum safety standards for Manually operated valves had to be tion equipment and methods to iden- transportation of carbon diox- located, buildings had to be opened, tify pipeline leaks as expeditiously as ide by pipeline. Sec. 13. Cost recovery for pipeline design re- and workers had to physically turn off technologically possible. views by Secretary of Transpor- the valves. Every minute that passed, a In San Bruno, some have asserted tation. flaming inferno burned on. that they smelled gas for weeks. Sec. 14. International cooperation and con- In today’s era we have electronic Records are still being checked to de- sultation on pipeline safety and water faucets, and furnaces all deploy termine whether consumers reported regulation. electronic valves to shut off the supply these leaks, but no equipment on the Sec. 15. Waivers of pipeline standards by of natural gas in an emergency. pipeline clearly demonstrates that no Secretary of Transportation. If electronic valves can be deployed leak existed. Sec. 16. Collection of data on pipeline infra- in our homes and offices, I believe they Finally, this legislation adopts a structure for National pipeline should be deployed on gas pipelines mapping system. number of commonsense provisions Sec. 17. Study of non-petroleum hazardous pumping millions of cubic feet of fuel proposed last week by Secretary of liquids transported by pipeline. through urban areas. Gas pipeline safe- Transportation LaHood to improve Sec. 18. Clarification of provisions of law re- ty technology should be brought into pipeline safety, including increasing lating to pipeline safety. the modern era. civil penalties for safety violations; ex- SEC. 2. REFERENCES TO TITLE 49, UNITED Third, this legislation will require in- pending data collection to be included STATES CODE. spections by ‘‘smart pigs’’ in all pipes, in the national pipeline mapping sys- Except as otherwise expressly provided, or the use of an inspection method cer- tem; closing jurisdictional loopholes to whenever in this Act an amendment or re- tified to be equally effective at finding assure greater oversight of unregulated peal is expressed in terms of an amendment corrosion. to, or a repeal of, a section or other provi- pipelines; and requiring consideration sion, the reference shall be considered to be Department of Transportation acci- of a firm’s safety record when consid- dent statistics over the past decade, made to a section or other provision of title ering its request for regulatory waiv- 49, United States Code. 2000–2009, identify corrosion as the ers. leading cause of all reported pipeline SEC. 3. ADDITIONAL RESOURCES FOR PIPELINE Senator BOXER and I introduce this AND HAZARDOUS MATERIALS SAFE- accidents. legislation today in order to initiate TY ADMINISTRATION. We need to inspect our pipes to find quick action to make our pipeline sys- (a) IN GENERAL.—The Secretary shall in- problems before they cause deadly ex- tem safer. crease the number of full-time equivalent plosions. Every pipe needs effective in- employees of the Pipeline and Hazardous Ma- We have put forward our best ideas to spection, regardless of age or design. terials Safety Administration by not fewer improve inspection, address old pipes, Fourth, if natural gas pipelines can- than 100 compared to the number of full-time not be inspected using the most effec- and advance modern safety technology. equivalent employees of the Administration tive inspection technology, this bill We hope to improve these ideas as new employed on the day before the date of the would require operation at lower pres- information comes forward about the enactment of this Act to carry out the pipe- line safety program, of which— sure. San Bruno accident. We look forward to working with the (1) not fewer than 25 full-time equivalent This precautionary approach to pipe- employees shall be added in fiscal year 2011; line operations assures that pipelines Department of Transportation and the Senate Commerce Committee to move (2) not fewer than 25 full-time equivalent more likely to have undetected prob- employees shall be added in fiscal year 2012; lems are operated at lower risk. and improve this legislation expedi- (3) not fewer than 25 full-time equivalent Department of Transportation ex- tiously. employees shall be added in fiscal year 2013; perts believe that a breach or other Mr. President, I ask unanimous con- and major problem with a pipeline oper- sent that the text of the bill be printed (4) not fewer than 25 full-time equivalent ating at lower pressure is more likely in the RECORD. employees shall be added in fiscal year 2014. to produce a leak instead of a cata- There being no objection, the text of (b) FUNCTIONS.—In increasing the number of employees under subsection (a), the Sec- strophic or deadly explosion. the bill was ordered to be printed in the RECORD, as follows: retary shall focus on hiring employees— The cause of the San Bruno pipeline (1) to conduct data collection, analysis, S. 3824 fire remains under investigation, but and reporting; we know that this pipe could not be in- Be it enacted by the Senate and House of Rep- (2) to develop, implement, and update in- spected using the most modern smart resentatives of the United States of America in formation technology; pigs, and we know it was operating at Congress assembled, (3) to conduct inspections of pipeline facili- high pressure. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ties to determine compliance with applicable Had this law been in place, either (a) SHORT TITLE.—This Act may be cited as regulations and standards; this pipe would have been inspected by the ‘‘Strengthening Pipeline Safety and En- (4) to provide administrative, legal, and forcement Act of 2010’’. other means certified to be just as ef- other support for pipeline enforcement ac- (b) TABLE OF CONTENTS.—The table of con- tivities; and fective as a smart pig, or it would have tents for this Act is as follows: (5) to support the overall pipeline safety been operating at a pressure far less Sec. 1. Short title; table of contents. mission of the Pipeline and Hazardous Mate- likely to cause the kind of catastrophe Sec. 2. References to title 49, United States rials Safety Administration, including train- we saw. code. ing pipeline enforcement personnel.

VerDate Mar 15 2010 03:20 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.044 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE S7356 CONGRESSIONAL RECORD — SENATE September 22, 2010 SEC. 4. CIVIL PENALTIES. gardless of the extent to which the oil has (2) by redesignating subparagraph (B) as (a) PENALTIES FOR MAJOR CONSEQUENCE been processed. subparagraph (C); and VIOLATIONS.—Section 60122 is amended by ‘‘(3) CONSTRUCTION.—Nothing in this sub- (3) by inserting after subparagraph (A) the striking subsection (c) and inserting the fol- section may be construed to authorize the following: lowing: Secretary to prescribe standards for the ‘‘(B) non-petroleum fuels, including ‘‘(c) PENALTIES FOR MAJOR CONSEQUENCE movement of oil through— biofuels that are flammable, toxic, corrosive, VIOLATIONS.— ‘‘(A) production, refining, or manufac- or would be harmful to the environment if ‘‘(1) IN GENERAL.—If the Secretary deter- turing facilities; or released in significant quantities; and’’. mines, after written notice and an oppor- ‘‘(B) oil production flow lines located on SEC. 11. REQUIRED PERIODIC INSPECTION OF tunity for a hearing, that a person has com- the grounds of production facilities.’’. PIPELINES BY INSTRUMENTED IN- TERNAL INSPECTION DEVICES. mitted a major consequence violation of sub- SEC. 6. REQUIRED INSTALLATION AND USE IN section (b) or (d) of section 60114, section PIPELINES OF REMOTELY OR AUTO- Section 60102(f) is amended by striking 60118(a), or a regulation prescribed or order MATICALLY CONTROLLED VALVES. paragraph (2) and inserting the following: issued under this chapter such person shall Section 60102, as amended by section 5, is ‘‘(2) PERIODIC INSPECTIONS.— be liable to the United States Government further amended by adding at the end the ‘‘(A) IN GENERAL.—Not later than 270 days for a civil penalty of not more than $250,000 following: after the date of the enactment of the Strengthening Pipeline Safety and Enforce- for each such violation. ‘‘(o) REMOTELY OR AUTOMATICALLY CON- ment Act of 2010, the Secretary shall pre- ‘‘(2) SEPARATE VIOLATIONS.—A separate vio- TROLLED VALVES.— scribe additional standards requiring the lation occurs for each day the violation con- ‘‘(1) IN GENERAL.—Not later than 18 months tinues. after the date of the Strengthening Pipeline periodic inspection of each pipeline the oper- ‘‘(3) MAXIMUM CIVIL PENALTY.—The max- Safety and Enforcement Act of 2010, the Sec- ator of the pipeline identifies under section 60109. imum civil penalty under this subsection for retary shall prescribe regulations requiring ‘‘(B) INSPECTION WITH INTERNAL INSPECTION a related series of major consequence viola- the installation and use in pipelines and DEVICE.— tions is $2,500,000. pipeline facilities, wherever technically and ‘‘(i) IN GENERAL.—Except as provided in ‘‘(4) DEFINITION.—In this subsection, the economically feasible, of remotely or auto- clause (ii), the standards prescribed under term ‘major consequence violation’ means a matically controlled valves that are reliable subparagraph (A) shall require that an in- violation that contributed to an incident re- and capable of shutting off the flow of gas in spection shall be conducted at least once sulting in any of the following: the event of an accident, including accidents every 5 years with an instrumented internal ‘‘(A) One or more deaths. in which there is a loss of the primary power inspection device. ‘‘(B) One or more injuries or illnesses re- source. ‘‘(ii) EXCEPTION FOR SEGMENTS WHERE DE- quiring hospitalization. ‘‘(2) CONSULTATIONS.—In developing regula- ‘‘(C) Environmental harm exceeding VICES CANNOT BE USED.—If a device described tions prescribed in accordance with para- in clause (i) cannot be used in a segment of $250,000 in estimated damage to the environ- graph (1), the Secretary shall consult with ment including property loss. a pipeline, the standards prescribed in sub- appropriate groups from the gas pipeline in- paragraph (A) shall require use of an inspec- ‘‘(D) A release of gas or hazardous liquid dustry and pipeline safety experts.’’. that ignites or otherwise presents a safety tion method that the Secretary certifies to SEC. 7. STANDARDS FOR NATURAL GAS PIPELINE be at least as effective as using the device threat to the public or presents a threat to LEAK DETECTION. in— the environment in a high consequence area, Section 60102, as amended by sections 5 and ‘‘(I) detecting corrosion; as defined by the Secretary in accordance 6, is further amended by adding at the end ‘‘(II) detecting pipe stress; and with section 60109.’’. the following: ‘‘(III) otherwise providing for the safety of (b) PENALTY FOR OBSTRUCTION OF INSPEC- ‘‘(p) NATURAL GAS LEAK DETECTION.—Not the pipeline. TIONS AND INVESTIGATIONS.—Section 60118(e) later than 1 year after the date of the enact- ‘‘(C) OPERATION UNDER HIGH PRESSURE.— is amended— ment of this subsection, the Secretary shall (1) by striking ‘‘If the Secretary’’ and in- The Secretary shall a prohibit pipeline seg- establish standards for natural gas leak de- ment from operating under high pressure if serting the following: tection equipment and methods, with the the pipeline segment cannot be inspected— ‘‘(1) IN GENERAL.—If the Secretary’’; and goal of establishing a pipeline system in ‘‘(i) with a device described in clause (i) of (2) by adding at the end the following: which substantial leaks in high consequence subparagraph (B) in accordance with the ‘‘(2) CIVIL PENALTIES.—The Secretary may areas are identified as expeditiously as tech- standards prescribed pursuant to such impose a civil penalty under section 60122 on nologically possible.’’. clause; or a person who obstructs or prevents the Sec- ‘‘(ii) using an inspection method described retary from carrying out an inspection or in- SEC. 8. CONSIDERATIONS FOR IDENTIFICATION OF HIGH CONSEQUENCE AREAS. in clause (ii) of such subparagraph in accord- vestigation under this chapter.’’. ance with the standards prescribed pursuant (c) NONAPPLICABILITY OF ADMINISTRATIVE Section 60109 is amended by adding at the to such clause.’’. PENALTY CAPS.—Section 60120 is amended by end the following: adding at the end the following: ‘‘(g) CONSIDERATIONS FOR IDENTIFICATION OF SEC. 12. MINIMUM SAFETY STANDARDS FOR TRANSPORTATION OF CARBON DI- ‘‘(d) NONAPPLICABILITY OF ADMINISTRATIVE HIGH CONSEQUENCE AREAS.—In identifying high consequence areas under this section, OXIDE BY PIPELINE. PENALTY CAPS.—The maximum amount of Subsection (i) of section 60102 is amended civil penalties for administrative enforce- the Secretary shall consider— ‘‘(1) the seismicity of the area; to read as follows: ment actions under section 60122 shall not ‘‘(i) PIPELINES TRANSPORTING CARBON DIOX- ‘‘(2) the age of the pipe; and apply to enforcement actions under this sec- IDE.—The Secretary shall prescribe min- ‘‘(3) whether the pipe at issue can be in- tion.’’. imum safety standards for the transpor- spected using the most modern instrumented (d) JUDICIAL REVIEW OF ADMINISTRATIVE tation of carbon dioxide by pipeline in either internal inspection devices.’’. ENFORCEMENT ORDERS.— a liquid or gaseous state.’’. (1) IN GENERAL.—Section 60119(a)(1) is SEC. 9. REGULATION BY SECRETARY OF TRANS- SEC. 13. COST RECOVERY FOR PIPELINE DESIGN amended by striking ‘‘about an application PORTATION OF GAS AND HAZ- REVIEWS BY SECRETARY OF TRANS- for a waiver under section 60118(c) or (d) of’’ ARDOUS LIQUID GATHERING LINES. PORTATION. and inserting ‘‘under’’. (a) GAS GATHERING LINES.—Paragraph (21) Subsection (n) of section 60117 is amended (2) CLERICAL AMENDMENT.—The heading for of section 60101(a) is amended to read as fol- to read as follows: section 60119(a) is amended to read as fol- lows: ‘‘(n) COST RECOVERY FOR DESIGN RE- lows: ‘‘REVIEW OF REGULATIONS, ORDERS, AND ‘‘(21) ‘transporting gas’ means the gath- VIEWS.— OTHER FINAL AGENCY ACTIONS’’. ering, transmission, or distribution of gas by ‘‘(1) IN GENERAL.—If the Secretary con- SEC. 5. COLLECTION OF DATA ON TRANSPOR- pipeline, or the storage of gas, in interstate ducts facility design safety reviews in con- TATION-RELATED OIL FLOW LINES. or foreign commerce.’’. nection with a proposal to construct, expand, Section 60102 is amended by adding at the (b) HAZARDOUS LIQUID GATHERING LINES.— or operate a gas or hazardous liquid pipeline end the following: Section 60101(a)(22)(B) is amended— or liquefied natural gas pipeline facility, in- ‘‘(n) COLLECTION OF DATA ON TRANSPOR- (1) by striking clause (i); and cluding construction inspections and over- TATION-RELATED OIL FLOW LINES.— (2) by redesignating clauses (ii) and (iii) as sight, the Secretary may require the person ‘‘(1) IN GENERAL.—The Secretary may col- clauses (i) and (ii), respectively. proposing the construction, expansion, or op- lect geospatial, technical, or other pipeline (c) EFFECTIVE DATE.—The amendments eration to pay the costs incurred by the Sec- data on transportation-related oil flow lines, made by this section shall take effect on the retary relating to such reviews. including unregulated transportation-related date that is 1 year after the date of the en- ‘‘(2) FEE STRUCTURE AND COLLECTION PROCE- oil flow lines. actment of this Act. DURES.—If the Secretary exercises the au- ‘‘(2) TRANSPORTATION-RELATED OIL FLOW SEC. 10. INCLUSION OF NON-PETROLEUM FUELS thority under paragraph (1) with respect to LINE DEFINED.—In this subsection, the term AND BIOFUELS IN DEFINITION OF conducting facility design safety reviews, ‘transportation-related oil flow line’ means a HAZARDOUS LIQUID. the Secretary shall prescribe— pipeline transporting oil off of the grounds of Section 60101(a)(4) is amended— ‘‘(A) a fee structure and assessment meth- the production facility where it originated (1) in subparagraph (A), by striking ‘‘and’’ odology that is based on the costs of pro- across areas not owned by the producer re- at the end; viding such reviews; and

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‘‘(B) procedures to collect fees. Secretary determines that such waiver is not ‘‘(iii) USE OF FUNDS.—The Fund shall be ‘‘(3) ADDITIONAL AUTHORITY.—This author- inconsistent with pipeline safety. available to the Secretary, without fiscal ity is in addition to the authority provided ‘‘(B) CONSIDERATIONS.—In determining year limitation, to process applications for under section 60301. whether to grant a waiver under subpara- waivers under this subsection.’’. ‘‘(4) NOTIFICATION.—For any pipeline con- graph (A), the Secretary shall consider— SEC. 16. COLLECTION OF DATA ON PIPELINE IN- struction project beginning after the date of ‘‘(i) the fitness of the applicant to conduct FRASTRUCTURE FOR NATIONAL the enactment of this subsection in which the activity authorized by the waiver in a PIPELINE MAPPING SYSTEM. the Secretary conducts design reviews, the manner that is consistent with pipeline safe- Section 60132 is amended— person proposing the project shall notify the ty; (1) in the matter before paragraph (1), by Secretary and provide the design specifica- ‘‘(ii) the applicant’s compliance history; striking ‘‘Not later than 6 months after the tions, construction plans and procedures, ‘‘(iii) the applicant’s accident history; and date of the enactment of this section, the’’ and related materials not later than 120 days ‘‘(iv) any other information the Secretary and inserting ‘‘Each’’; prior to the commencement of such project. considers relevant to making the determina- (2) in subsection (a), by adding at the end ‘‘(5) PIPELINE SAFETY DESIGN REVIEW tion. the following: FUND.— ‘‘(C) EFFECTIVE PERIOD.— ‘‘(4) Such other geospatial, technical, or ‘‘(A) IN GENERAL.—There is established in ‘‘(i) OPERATING REQUIREMENTS.—A waiver other pipeline data, including design and ma- the Treasury of the United States a revolv- of 1 or more pipeline operating requirements terial specifications, as the Secretary con- ing fund known as the ‘Pipeline Safety De- under subparagraph (A) shall be effective for siders necessary to carry out the purposes of sign Review Fund’ (in this paragraph re- an initial period of not longer than 5 years this chapter, including preconstruction de- ferred to as the ‘Fund’). and may be renewed by the Secretary upon sign reviews and compliance inspection ‘‘(B) ELEMENTS.—There shall be deposited application for successive periods of not prioritization.’’; and in the fund the following, which shall con- longer than 5 years each. (3) by adding at the end the following: stitute the assets of the Fund: ‘‘(ii) DESIGN OR MATERIALS REQUIREMENT.— ‘‘(d) NOTICE.—The Secretary shall give rea- ‘‘(i) Amounts paid into the Fund under any If the Secretary determines that a waiver of sonable notice to the operator of a pipeline provision of law or regulation established by a design or materials requirement is war- facility of any data being requested under the Secretary imposing fees under this sub- ranted under subparagraph (A), the Sec- this section.’’. section. retary may grant the waiver for any period SEC. 17. STUDY OF NON-PETROLEUM HAZARDOUS ‘‘(ii) All other amounts received by the the Secretary considers appropriate. LIQUIDS TRANSPORTED BY PIPE- Secretary incident to operations relating to ‘‘(D) PUBLIC NOTICE AND HEARING.—The Sec- LINE. reviews described in paragraph (1). retary may waive compliance under subpara- (a) AUTHORITY TO CARRY OUT ANALYSIS.— ‘‘(C) USE OF FUNDS.—The Fund shall be graph (A) only after public notice and hear- Not later than 270 days after the date of the available to the Secretary, without fiscal ing, which may consist of— enactment of this Act, the Secretary of year limitation, to carry out the provisions ‘‘(i) publication of notice in the Federal Transportation shall conduct an analysis of of this chapter.’’. Register that an application for a waiver has the transportation of non-petroleum haz- SEC. 14. INTERNATIONAL COOPERATION AND been filed; and ardous liquids by pipeline for the purpose of CONSULTATION ON PIPELINE SAFE- ‘‘(ii) providing the public with the oppor- identifying the extent to which pipelines are TY AND REGULATION. tunity to review and comment on the appli- currently being used to transport non-petro- Section 60117 is amended by adding at the cation. leum hazardous liquids, such as chlorine, end the following: ‘‘(E) NONCOMPLIANCE AND MODIFICATION, from chemical production facilities across ‘‘(o) INTERNATIONAL COOPERATION AND CON- SUSPENSION, OR REVOCATION.—After notice to land areas not owned by the producer that SULTATION.— a recipient of a waiver under subparagraph are accessible to the public. The analysis ‘‘(1) INFORMATION EXCHANGE AND TECHNICAL (A) and opportunity to show cause, the Sec- shall identify the extent to which the safety ASSISTANCE.—Subject to guidance from the retary may modify, suspend, or revoke such of the lines is unregulated by the States and Secretary of State, the Secretary may en- waiver for— evaluate whether the transportation of such gage in activities supporting cooperative ‘‘(i) failure of the recipient to comply with chemicals by pipeline across areas accessible international efforts to share information the terms or conditions of the waiver; to the public would present significant risks about the risks to the public and the envi- ‘‘(ii) intervening changes in Federal law; to public safety, property, or the environ- ronment from pipelines and means of pro- ‘‘(iii) a material change in circumstances ment in the absence of regulation. tecting against those risks if the Secretary affecting safety; including erroneous infor- (b) REPORT.—Not later than 365 days after determines that such activities would ben- mation in the application; and the date of the enactment of this Act, the efit the United States. Such cooperation ‘‘(iv) such other reasons as the Secretary Secretary shall submit to Congress a report may include the exchange of information considers appropriate.’’. containing the findings of the Secretary with with domestic and appropriate international (b) FEES.—Section 60118(c) is amended by respect to the analysis conducted pursuant organizations to facilitate efforts to develop adding at the end the following: to subsection (a). and improve safety standards and require- ‘‘(4) FEES.— ments for pipeline transportation in or af- ‘‘(A) IN GENERAL.—The Secretary shall es- SEC. 18. CLARIFICATION OF PROVISIONS OF LAW RELATING TO PIPELINE SAFETY. fecting interstate or foreign commerce. tablish reasonable fees for processing appli- (a) AMENDMENT OF PROCEDURES CLARIFICA- ‘‘(2) CONSULTATION.—Subject to guidance cations for waivers under this subsection from the Secretary of State, the Secretary that are based on the costs of activities re- TION.—Section 60108(a)(1) is amended by may, to the extent practicable, consult with lating to waivers under this subsection. Such striking ‘‘an intrastate’’ and inserting ‘‘a’’. (b) OWNER OPERATOR CLARIFICATION.—Sec- interested authorities in Canada, Mexico, fees may include a basic filing fee, as well as tion 60102(a)(2)(A) is amended by striking and other interested authorities to ensure fees to recover the costs of technical studies ‘‘owners and operators’’ and inserting ‘‘any that the respective pipeline safety standards or environmental analysis for such applica- or all of the owners or operators’’. and requirements prescribed by the Sec- tions. (c) ONE CALL ENFORCEMENT CLARIFICA- retary and those prescribed by such authori- ‘‘(B) PROCEDURES.—The Secretary shall TION.—Section 60114(f) is amended by adding ties are consistent with the safe and reliable prescribe procedures for the collection of at the end the following: ‘‘This limitation operation of cross-border pipelines. fees under subparagraph (A). shall not apply to proceedings against per- ‘‘(3) CONSTRUCTION REGARDING DIFFERENCES ‘‘(C) ADDITIONAL AUTHORITY.—The author- sons who are pipeline operators.’’. IN INTERNATIONAL STANDARDS AND REQUIRE- ity provided under subparagraph (A) is in ad- MENTS.—Nothing in this section shall be con- dition to the authority provided under sec- Mrs. BOXER. Mr. President, I am strued to require that a standard or require- tion 60301. proud to introduce the Strengthening ment prescribed by the Secretary under this ‘‘(D) PIPELINE SAFETY SPECIAL PERMIT Pipeline Safety and Enforcement Act chapter be identical to a standard or require- FUND.— of 2010 today along with my colleague, ment adopted by an international author- ‘‘(i) IN GENERAL.—There is established in Senator FEINSTEIN. the Treasury of the United States a revolv- ity.’’. On September 9, 2010, San Bruno, SEC. 15. WAIVERS OF PIPELINE STANDARDS BY ing fund known as the ‘Pipeline Safety Spe- SECRETARY OF TRANSPORTATION. cial Permit Fund’ (in this subparagraph re- California suffered a terrible tragedy (a) NONEMERGENCY WAIVERS.—Paragraph ferred to as the ‘Fund’). when a natural gas transmission pipe- (1) of section 60118(c) is amended to read as ‘‘(ii) ELEMENTS.—There shall be deposited line unexpectedly exploded beneath a follows: in the Fund the following, which shall con- busy residential neighborhood. ‘‘(1) NONEMERGENCY WAIVERS.— stitute the assets of the Fund: The catastrophic explosion and the ‘‘(A) IN GENERAL.—Upon receiving an appli- ‘‘(I) Amounts paid into the Fund under any resulting fire was a horrific event, cre- cation from an owner or operator of a pipe- provision of law or regulation established by ating a massive fireball that many de- line facility, the Secretary may, by order, the Secretary imposing fees under this para- waive compliance with any part of an appli- graph. scribed as the largest earthquake they cable standard prescribed under this chapter ‘‘(II) All other amounts received by the had ever felt. with respect to the facility on such terms as Secretary incident to operations relating to The tragedy killed four people, in- the Secretary considers appropriate, if the activities described in subparagraph (A). jured 66, and destroyed nearly three

VerDate Mar 15 2010 02:26 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.027 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE S7358 CONGRESSIONAL RECORD — SENATE September 22, 2010 dozen homes. Preliminary estimates That is particularly true as we attempt plains and took up residence in the put the cost of the damage and recov- to wrest management of this particular mountains, where they have done very ery at $65 million. species away from the Federal Govern- well and adapted very well. This tragic incident should not have ment. Again, over the years, the premier happened. What the act does is it identifies as a species in Idaho, as determined by the Californians and all Americans must distinct population a segment of the people of the State of Idaho, has been feel confident that their communities gray wolf population. Specifically, it elk. Elk are difficult to manage; that are safe and that the regulatory agen- identifies this specific population in is, they are not as easy to manage as cies responsible for ensuring the safety eastern Washington and eastern Or- deer. They are not as prolific as deer. of natural gas pipelines are doing ev- egon, in which there are few if any As a result, they require relatively in- erything possible to guarantee their wolves, and the State of Montana and tensive management. safety. the State of Idaho, all of those States As a result, the State has broken into That is why we are introducing this in which there are a lot of wolves and many different game units for elk, and legislation today. Our bill is based on indeed are too many wolves. each of these units is carefully man- the Department of Transportation’s, First of all, let me say, the official aged by the fish and game department DOT, proposal for improving pipeline estimates, in 2008, for Idaho are that to determine the birthrate of the elk safety and includes additional provi- there were 846 wolves in Idaho, with 39 each year and the survival rate over sions to address concerns raised by the breeding pairs. Virtually everyone in the winter and a determination of how San Bruno blast. the State agrees that estimate is very many elk can be harvested. As a result, The Strengthening Pipeline Safety low. In the year 2010, again virtually we have had a robust and relatively and Enforcement Act of 2010 will in- everyone agrees there are well over stable population of elk in the State of crease the number of Federal inspec- 1,000 gray wolves in Idaho and well over Idaho. tors and require the Department of 39 breeding pairs. Fast forward to 1995. The Federal Transportation to certify an inspection How did we get to where we are? Government released its 34 wolves into method for gas lines that cannot use Wolves have been gone from the the State of Idaho, and contrary to ‘‘smart pig’’ technology. ‘‘Smart pig’’ State of Idaho and adjoining areas for what some people believe, they are not technology is used to test the struc- many years. In 1995, someone—I cannot vegetarians. Also contrary to what tural integrity of a pipe and identify identify who—in their infinite wisdom, some people believe, they need to eat any defects. who lived back here on the banks of every day. And when they eat, they eat The bill would also require DOT to the Potomac River, decided we in Idaho our elk. promulgate regulations for the instal- needed wolves again. As a result, there has been consider- lation of automatic and remote shutoff The State of Idaho was indeed not able depredation on our elk herds and valves, update the definition of ‘‘high very happy about the decision. The for that matter on domestic livestock. consequence areas’’ to include seis- chief executive of the State, the execu- The domestic livestock losses are not micity of the area, age of the pipe and tive branch of the State, the legislative large in number, unless, of course, it is whether a pipe is able to use the branch of the State, and the vast ma- your livestock they are preying on, of ‘‘smart pig’’ technology, and require jority of Idahoans were absolutely op- which a number of us in the livestock DOT to set standards for detecting posed to reintroducing wolves back business have experienced losses in leaks on natural gas lines. into the State of Idaho. that regard. This legislation strengthens pipeline After litigation, and after the usual Back to the elk. We want to continue safety standards to ensure that a trag- things you go through, nonetheless, 34 to manage our elk. We want to con- edy like this never happens again. I wolves were captured in Canada and tinue to manage our deer. Indeed, we urge my colleagues to support this leg- brought to the State of Idaho and in- manage a lot of big game species. We islation and work for final passage as troduced into the State of Idaho manage moose, we manage bears, we quickly as possible. against the objections of almost every- manage cats, we manage all big game one. Indeed, there was a group of peo- in the State of Idaho and do a pretty By Mr. RISCH (for himself and ple who did want to see wolves brought decent job of that. Mr. CRAPO): to Idaho, and they got their way. On top of the Federal Government’s S. 3825. A bill to amend the Endan- To give you a little bit of background introduction of these 34 wolves into gered Species Act of 1973 to remove cer- as to what happened, we in the State of Idaho, which have now exploded into tain portions of the distinct population Idaho are very proud of our big game 1,000 wolves, with regulations that at segment of the Rocky Mountain gray management. Under common law in the outset were very, very intrusive, to wolf from the list of threatened species this country, and indeed in England be- the point where you couldn’t shoot or the list of endangered species pub- fore this country, all wild game be- wolves—even if you found them attack- lished under the Endangered Species longed to the sovereign. The United ing your livestock, it was unlawful to Act of 1973, and for other purposes; to States of America is probably surprised take a wolf. Of course, the regulations the Committee on Environment and to hear they are not the sovereign, that that were imposed on us by the Federal Public Works. indeed the States are the sovereign. As Government have created a consider- Mr. RISCH. Mr. President, I come a result of that, over the centuries— able amount of animosity and bad here today on behalf of myself and my the couple of centuries we have been in blood. colleague, Senator CRAPO, from Idaho existence as the United States of What we want at this point is the to introduce the State Wolf Manage- America—litigation after litigation ability to manage the wolves just as we ment Act. This act as drawn is aimed has determined that indeed all wildlife manage every other population of big at some particular issues we have in in the State belongs to the sovereign; game and animal species in Idaho. The Idaho with the management of wolves, that is, the State in which they are lo- fact is that the wolves are there. They and that other adjoining States that cated. are going to be there. We obviously share Idaho’s boundaries have with the Idaho has a long and proud history made the effort at the outset to not Federal Government. and culture of hunting and outdoor have them. We did our best to keep First of all, I want to thank the Gov- life. We have managed our wildlife to them out. We lost that fight, so now we ernor of the great State of Idaho, the the point that we are getting—or had have to accept the fact that they are Honorable Butch Otter, for his assist- been getting—the maximum out of our there. But the fact that they are there ance in crafting this bill. I can tell you, wildlife for big game harvest every does not mean that we, in the sov- Governor Otter, as the chief executive year. Before Europeans inhabited ereign State of Idaho, should not have of Idaho, his predecessor, who happens Idaho, there were very few deer and the ability to manage our own game to be yours truly, and my predecessor, even less elk. Elk were a plains species. species. as Governors of the great State of They were not a mountain species. Recently, because the numbers have Idaho have all joined in the effort to After settlement of the State, the elk exploded in the amount that they obtain delisting of the wolf in Idaho. were pretty much removed from the have—when I was Governor, I pressed

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As time went on, my suc- students who are long-term United administrative or judicial order of exclusion, deportation, or removal, unless the alien— cessor, Governor Otter, did an excel- States residents and who entered the (i) has remained in the United States under lent job of continuing to press the case United States as children, and for color of law after such order was issued; or for delisting. After all, the Federal other purposes; read the first time. (ii) received the order before attaining the Government has absolutely no business Mr. DURBIN. Mr. President, I ask age of 16 years; and in the State of Idaho dealing with unanimous consent that the text of the (F) the alien was younger than 35 years of wolves other than the hook it has of bill be printed in the RECORD. age on the date of the enactment of this Act. the Endangered Species Act. To argue There being no objection, the text of (2) WAIVER.—Notwithstanding paragraph that a species that has been intro- the bill was ordered to be printed in (1), the Secretary of Homeland Security may duced—34 of them—and then explodes the RECORD, as follows: waive the ground of ineligibility under sec- to well over 1,000 is endangered simply tion 212(a)(6)(E) of the Immigration and Na- S. 3827 tionality Act and the ground of deportability flies in the face of not only science, but Be it enacted by the Senate and House of Rep- under paragraph (1)(E) of section 237(a) of it also flies in the face of logic. resentatives of the United States of America in that Act for humanitarian purposes or fam- Let me tell my colleagues what we Congress assembled, ily unity or when it is otherwise in the pub- were told and what we were promised SECTION 1. SHORT TITLE. lic interest. by the Federal Government at the time This Act may be cited as the ‘‘Develop- (3) PROCEDURES.—The Secretary of Home- they brought in the wolves. They told ment, Relief, and Education for Alien Minors land Security shall provide a procedure by us that once we got to the point of 300 Act of 2010’’ or the ‘‘DREAM Act of 2010’’. regulation allowing eligible individuals to wolves and got to the point of 30 breed- SEC. 2. DEFINITIONS. apply affirmatively for the relief available ing pairs, the party was over and they In this Act: under this subsection without being placed would delist. Well, we reached that (1) INSTITUTION OF HIGHER EDUCATION.—The in removal proceedings. point in 3 years, and we have been try- term ‘‘institution of higher education’’ has (4) DEADLINE FOR SUBMISSION OF APPLICA- the meaning given that term in section 101 of TION.—An alien shall submit an application ing to delist ever since. We got them the Higher Education Act of 1965 (20 U.S.C. for cancellation of removal or adjustment of delisted. The matter went to court. We 1001). status under this subsection no later than actually had a hunting season last (2) UNIFORMED SERVICES.—The term ‘‘uni- the date that is one year after the date the year. But now it has gone back to formed services’’ has the meaning given that alien— court, and, again, those who are trying term in section 101(a) of title 10, United (A) was admitted to an institution of high- to protect the number of wolves, to the States Code. er education in the United States; or great disadvantage of elk, won again, SEC. 3. RESTORATION OF STATE OPTION TO DE- (B) earned a high school diploma or ob- and they got the judge to order that TERMINE RESIDENCY FOR PUR- tained a general education development cer- POSES OF HIGHER EDUCATION BEN- tificate in the United States. the wolves be listed again in Idaho and EFITS. Montana. (a) IN GENERAL.—Section 505 of the Illegal (b) TERMINATION OF CONTINUOUS PERIOD.— That is as a result of a dispute the Immigration Reform and Immigrant Respon- For purposes of this section, any period of State of Wyoming also has with the sibility Act of 1996 (8 U.S.C. 1623) is repealed. continuous residence or continuous physical Federal Government, and they have (b) EFFECTIVE DATE.—The repeal under presence in the United States of an alien who been unable to reach an agreement as subsection (a) shall take effect as if included applies for cancellation of removal under to how wolves should be managed. The in the enactment of the Illegal Immigration this section shall not terminate when the Reform and Immigrant Responsibility Act of alien is served a notice to appear under sec- Federal Government, the Fish and 1996 (division C of Public Law 104–208; 110 tion 239(a) of the Immigration and Nation- Wildlife Service, and the Department Stat. 3009–546). ality Act (8 U.S.C. 1229(a)). of the Interior were perfectly happy SEC. 4. CANCELLATION OF REMOVAL AND AD- with the plans from Idaho and Mon- JUSTMENT OF STATUS OF CERTAIN (c) TREATMENT OF CERTAIN BREAKS IN tana, but because they have been un- LONG-TERM RESIDENTS WHO EN- PRESENCE.— able to settle with Wyoming, we now TERED THE UNITED STATES AS (1) IN GENERAL.—An alien shall be consid- CHILDREN. ered to have failed to maintain continuous find ourselves at a tremendous dis- (a) SPECIAL RULE FOR CERTAIN LONG-TERM advantage. This simply isn’t fair. physical presence in the United States under RESIDENTS WHO ENTERED THE UNITED STATES subsection (a) if the alien has departed from This bill will very simply turn man- AS CHILDREN.— agement of the wolves back over to the the United States for any period in excess of (1) IN GENERAL.—Notwithstanding any 90 days or for any periods in the aggregate other provision of law and except as other- State of Idaho unless and until the exceeding 180 days. wise provided in this Act, the Secretary of time that the Federal Government can (2) EXTENSIONS FOR EXCEPTIONAL CIR- Homeland Security may cancel removal of, again or can ever claim that they are CUMSTANCES.—The Secretary of Homeland and adjust to the status of an alien lawfully an endangered species. When that hap- Security may extend the time periods de- admitted for permanent residence, subject to scribed in paragraph (1) if the alien dem- pens, the State again will be subject to the conditional basis described in section 5, onstrates that the failure to timely return to the lawsuits that will inevitably come an alien who is inadmissible or deportable the United States was due to exceptional cir- if, indeed, they are endangered. But in from the United States, if the alien dem- cumstances. The exceptional circumstances the meantime, I will urge every Sen- onstrates that— determined sufficient to justify an extension ator to vote for this bill. This is a (A) the alien has been physically present in should be no less compelling than serious ill- States rights issue. We are a sovereign the United States for a continuous period of not less than 5 years immediately preceding ness of the alien, or death or serious illness State. We are entitled to take over of a parent, grandparent, sibling, or child. management of these wolves. I can the date of enactment of this Act and was younger than 16 years of age on the date the (d) EXEMPTION FROM NUMERICAL LIMITA- promise everyone that the State of alien initially entered the United States; TIONS.—Nothing in this section may be con- Idaho will do a substantially better (B) the alien has been a person of good strued to apply a numerical limitation on job, a cheaper job, and a much more ef- moral character since the date of the enact- the number of aliens who may be eligible for ficient job of managing the wolves in ment of this Act; cancellation of removal or adjustment of (C) the alien— the State of Idaho than the Federal status under this section. Government could ever do or will ever (i) is not inadmissible under paragraph (2), do, and we will be able to do it with (3), (6)(E), (10)(A), or (10)(C) of section 212(a) (e) REGULATIONS.— due deference to all the other species of the Immigration and Nationality Act (8 (1) PROPOSED REGULATIONS.—Not later than U.S.C. 1182(a)); and 180 days after the date of enactment of this in the State of Idaho. (ii) is not deportable under paragraph Act, the Secretary of Homeland Security (1)(E), (2), or (4) of section 237(a) of the Immi- shall publish proposed regulations imple- By Mr. DURBIN (for himself, Mr. gration and Nationality Act (8 U.S.C. menting this section. Such regulations shall LUGAR, and Mr. LEAHY): 1227(a)); be effective immediately on an interim basis, S. 3827. A bill to amend the Illegal (D) the alien— but are subject to change and revision after Immigration Reform and Immigrant (i) has been admitted to an institution of public notice and opportunity for a period Responsibility Act of 1996 to permit higher education in the United States; or for public comment.

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(2) INTERIM, FINAL REGULATIONS.—Within a alien of such determination and immediately the Immigration and Nationality Act (8 reasonable time after publication of the in- remove the conditional basis of the status of U.S.C. 1401 et seq.), in the case of an alien terim regulations in accordance with para- the alien. who is in the United States as a lawful per- graph (1), the Secretary of Homeland Secu- (C) TERMINATION IF ADVERSE DETERMINA- manent resident on a conditional basis under rity shall publish final regulations imple- TION.—If the Secretary determines that the this section, the alien shall be considered to menting this section. alien does not meet such requirements, the have been admitted as an alien lawfully ad- (f) REMOVAL OF ALIEN.—The Secretary of Secretary shall notify the alien of such de- mitted for permanent residence and to be in Homeland Security may not remove any termination and terminate the conditional the United States as an alien lawfully admit- alien who has a pending application for con- permanent resident status of the alien as of ted to the United States for permanent resi- ditional status under this Act. the date of the determination. dence. However, the conditional basis must SEC. 5. CONDITIONAL PERMANENT RESIDENT (3) TIME TO FILE PETITION.—An alien may be removed before the alien may apply for STATUS. petition to remove the conditional basis to naturalization. (a) IN GENERAL.— lawful resident status during the period be- SEC. 6. RETROACTIVE BENEFITS UNDER THIS (1) CONDITIONAL BASIS FOR STATUS.—Not- ginning 180 days before and ending 2 years ACT. withstanding any other provision of law, and after either the date that is 6 years after the If, on the date of enactment of this Act, an except as provided in section 6, an alien date of the granting of conditional perma- alien has satisfied all the requirements of whose status has been adjusted under section nent resident status or any other expiration subparagraphs (A) through (E) of section 4 to that of an alien lawfully admitted for date of the conditional permanent resident 4(a)(1) and section 5(d)(1)(D), the Secretary of permanent residence shall be considered to status as extended by the Secretary of Homeland Security may adjust the status of have obtained such status on a conditional Homeland Security in accordance with this the alien to that of a conditional resident in basis subject to the provisions of this sec- Act. The alien shall be deemed in conditional accordance with section 4. The alien may pe- tion. Such conditional permanent resident permanent resident status in the United tition for removal of such condition at the status shall be valid for a period of 6 years, States during the period in which the peti- end of the conditional residence period in ac- subject to termination under subsection (b). tion is pending. cordance with section 5(c) if the alien has (2) NOTICE OF REQUIREMENTS.— (d) DETAILS OF PETITION.— met the requirements of subparagraphs (A), (A) AT TIME OF OBTAINING PERMANENT RESI- (1) CONTENTS OF PETITION.—Each petition (B), and (C) of section 5(d)(1) during the en- DENCE.—At the time an alien obtains perma- for an alien under subsection (c)(1) shall con- tire period of conditional residence. nent resident status on a conditional basis tain information to permit the Secretary of under paragraph (1), the Secretary of Home- Homeland Security to determine whether SEC. 7. EXCLUSIVE JURISDICTION. land Security shall provide for notice to the each of the following requirements is met: (a) IN GENERAL.—The Secretary of Home- alien regarding the provisions of this section (A) The alien has demonstrated good moral land Security shall have exclusive jurisdic- and the requirements of subsection (c) to character during the entire period the alien tion to determine eligibility for relief under have the conditional basis of such status re- has been a conditional permanent resident. this Act, except where the alien has been moved. (B) The alien is in compliance with section placed into deportation, exclusion, or re- (B) EFFECT OF FAILURE TO PROVIDE NO- 4(a)(1)(C). moval proceedings either prior to or after fil- TICE.—The failure of the Secretary of Home- (C) The alien has not abandoned the alien’s ing an application for relief under this Act, land Security to provide a notice under this residence in the United States. The Sec- in which case the Attorney General shall paragraph— retary shall presume that the alien has aban- have exclusive jurisdiction and shall assume (i) shall not affect the enforcement of the doned such residence if the alien is absent all the powers and duties of the Secretary provisions of this Act with respect to the from the United States for more than 365 until proceedings are terminated, or if a alien; and days, in the aggregate, during the period of final order of deportation, exclusion, or re- (ii) shall not give rise to any private right conditional residence, unless the alien dem- moval is entered the Secretary shall resume of action by the alien. onstrates that the alien has not abandoned all powers and duties delegated to the Sec- (b) TERMINATION OF STATUS.— the alien’s residence. An alien who is absent retary under this Act. (1) IN GENERAL.—The Secretary of Home- from the United States due to active service (b) STAY OF REMOVAL OF CERTAIN ALIENS land Security shall terminate the condi- in the uniformed services has not abandoned ENROLLED IN PRIMARY OR SECONDARY tional permanent resident status of any the alien’s residence in the United States SCHOOL.—The Attorney General shall stay alien who obtained such status under this during the period of such service. the removal proceedings of any alien who— Act, if the Secretary determines that the (D) The alien has completed at least 1 of (1) meets all the requirements of subpara- alien— the following: graphs (A), (B), (C), and (E) of section 4(a)(1); (A) ceases to meet the requirements of sub- (i) The alien has acquired a degree from an (2) is at least 12 years of age; and paragraph (B) or (C) of section 4(a)(1); institution of higher education in the United (3) is enrolled full time in a primary or sec- (B) has become a public charge; or States or has completed at least 2 years, in ondary school. (C) has received a dishonorable or other good standing, in a program for a bachelor’s (c) EMPLOYMENT.—An alien whose removal than honorable discharge from the uni- degree or higher degree in the United States. is stayed pursuant to subsection (b) may be formed services. (ii) The alien has served in the uniformed engaged in employment in the United States (2) RETURN TO PREVIOUS IMMIGRATION STA- services for at least 2 years and, if dis- consistent with the Fair Labor Standards TUS.—Any alien whose conditional perma- charged, has received an honorable dis- Act (29 U.S.C. 201 et seq.) and State and local nent resident status is terminated under charge. laws governing minimum age for employ- paragraph (1) shall return to the immigra- (E) The alien has provided a list of each ment. tion status the alien had immediately prior secondary school (as that term is defined in (d) LIFT OF STAY.—The Attorney General to receiving conditional permanent resident section 9101 of the Elementary and Sec- shall lift the stay granted pursuant to sub- status under this Act. ondary Education Act of 1965 (20 U.S.C. 7801)) section (b) if the alien— (c) REQUIREMENTS OF TIMELY PETITION FOR that the alien attended in the United States. (1) is no longer enrolled in a primary or REMOVAL OF CONDITION.— (2) HARDSHIP EXCEPTION.— secondary school; or (1) IN GENERAL.—In order for the condi- (A) IN GENERAL.—The Secretary of Home- (2) ceases to meet the requirements of sub- tional basis of permanent resident status ob- land Security may, in the Secretary’s discre- section (b)(1). tained by an alien under subsection (a) to be tion, remove the conditional status of an SEC. 8. PENALTIES FOR FALSE STATEMENTS IN removed, the alien must file with the Sec- alien if the alien— APPLICATION. retary of Homeland Security, in accordance (i) satisfies the requirements of subpara- Whoever files an application for relief with paragraph (3), a petition which requests graphs (A), (B), and (C) of paragraph (1); under this Act and willfully and knowingly the removal of such conditional basis and (ii) demonstrates compelling cir- falsifies, misrepresents, or conceals a mate- which provides, under penalty of perjury, the cumstances for the inability to complete the rial fact or makes any false or fraudulent facts and information so that the Secretary requirements described in paragraph (1)(D); statement or representation, or makes or may make the determination described in and uses any false writing or document knowing paragraph (2)(A). (iii) demonstrates that the alien’s removal the same to contain any false or fraudulent (2) ADJUDICATION OF PETITION TO REMOVE from the United States would result in ex- statement or entry, shall be fined in accord- CONDITION.— ceptional and extremely unusual hardship to ance with title 18, United States Code, or im- (A) IN GENERAL.—If a petition is filed in ac- the alien or the alien’s spouse, parent, or prisoned not more than 5 years, or both. cordance with paragraph (1) for an alien, the child who is a citizen or a lawful permanent SEC. 9. CONFIDENTIALITY OF INFORMATION. Secretary of Homeland Security shall make resident of the United States. (a) PROHIBITION.—Except as provided in a determination as to whether the alien (B) EXTENSION.—Upon a showing of good subsection (b), no officer or employee of the meets the requirements set out in subpara- cause, the Secretary of Homeland Security United States may— graphs (A) through (E) of subsection (d)(1). may extend the period of conditional resi- (1) use the information furnished by the (B) REMOVAL OF CONDITIONAL BASIS IF FA- dent status for the purpose of completing the applicant pursuant to an application filed VORABLE DETERMINATION.—If the Secretary requirements described in paragraph (1)(D). under this Act to initiate removal pro- determines that the alien meets such re- (e) TREATMENT OF PERIOD FOR PURPOSES OF ceedings against any persons identified in quirements, the Secretary shall notify the NATURALIZATION.—For purposes of title III of the application;

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(2) make any publication whereby the in- S. RES. 638 ening the abilities of such individuals to con- formation furnished by any particular indi- Whereas the Small Business Development tribute to their communities, their profes- vidual pursuant to an application under this Center (referred to in this preamble as sions, and the United States; Act can be identified; or ‘‘SBDC’’) network will celebrate its 30th an- Whereas President Lyndon B. Johnson es- (3) permit anyone other than an officer or niversary at a conference to be held Sep- tablished the President’s Commission on employee of the United States Government tember 21 through 24, 2010, in San Antonio, White House Fellowships, through Executive or, in the case of applications filed under Texas; Order 11183 (as amended), to create a pro- this Act with a designated entity, that des- Whereas the conference will be held to con- gram that would select between 11 and 19 ignated entity, to examine applications filed tinue the professional development of em- outstanding young citizens of the United under this Act. ployees of SBDCs and to commemorate the States every year and bring them to Wash- (b) REQUIRED DISCLOSURE.—The Attorney educational and technical assistance offered ington, D.C. for ‘‘first hand, high-level expe- General or the Secretary of Homeland Secu- by SBDCs to small businesses across the rience in the workings of the Federal Gov- rity shall provide the information furnished United States; ernment, to establish an era when the young under this section, and any other informa- Whereas for 30 years, SBDCs have been men and women of America and their gov- tion derived from such furnished informa- among the preeminent organizations in the ernment belonged to each other—belonged to tion, to— United States for providing business advice, each other in fact and in spirit’’; (1) a duly recognized law enforcement enti- one-on-one counseling, and indepth training Whereas the White House Fellows Program ty in connection with an investigation or to small businesses; has steadfastly remained a nonpartisan pro- prosecution of an offense described in para- Whereas, during the 30 years prior to the gram that has served 9 Presidents exception- graph (2) or (3) of section 212(a) of the Immi- approval of this resolution, the SBDC net- ally well; gration and Nationality Act (8 U.S.C. work has grown from 9 fledgling centers to a Whereas the 672 White House Fellows who 1182(a)), when such information is requested nationwide network of 63 lead centers, with have served have established a legacy of in writing by such entity; or more than 4,000 business advisors providing leadership in every aspect of our society, in- (2) an official coroner for purposes of af- services at over 1,000 service locations; cluding appointments as cabinet officers, firmatively identifying a deceased individual Whereas the SBDC network has worked for ambassadors, special envoys, deputy and as- (whether or not such individual is deceased 30 years with the Small Business Adminis- sistant secretaries of departments and senior as a result of a crime). tration, institutions of higher education, White House staff, election to the House of (c) PENALTY.—Whoever knowingly uses, State governments, Congress, and others to Representatives, Senate, and State and local publishes, or permits information to be ex- significantly enhance the economic health governments, appointments to the Federal, amined in violation of this section shall be and strength of small businesses in the State, and local judiciary, appointments as fined not more than $10,000. United States; United States Attorneys, leadership in many SEC. 10. HIGHER EDUCATION ASSISTANCE. Whereas SBDCs have assisted more than of the largest corporations and law firms in Notwithstanding any provision of the 20,000,000 small businesses throughout the 30 the United States, service as presidents of Higher Education Act of 1965 (20 U.S.C. 1001 years prior to the approval of this resolution colleges and universities, deans of our most et seq.), with respect to assistance provided and continue to aid and support hundreds of distinguished graduate schools, officials in under title IV of the Higher Education Act of thousands of small businesses annually; nonprofit organizations, distinguished schol- 1965 (20 U.S.C. 1070 et seq.), an alien who ad- ars and historians, and service as senior justs status to that of a lawful permanent Whereas 33 percent of all SBDC clients are minorities, 43 percent of all SBDC clients are leaders in every branch of the United States resident under this Act shall be eligible only Armed Forces; for the following assistance under such title: women, and 9 percent of all SBDC clients are veterans; Whereas this legacy of leadership is a re- (1) Student loans under parts B, D, and E of source that has been relied upon by the Na- such title IV (20 U.S.C. 1071 et seq., 1087a et Whereas, since the inception of SBDCs, SBDCs have continued to redefine and trans- tion during major challenges, including or- seq., 1087aa et seq.), subject to the require- ganizing resettlement operations following ments of such parts. form the services offered by SBDCs, includ- ing training and advising, and have taken on the Vietnam War, assisting with the na- (2) Federal work-study programs under tional response to terrorist attacks, man- part C of such title IV (42 U.S.C. 2751 et seq.), new missions, in order to ensure that small businesses have relevant and significant as- aging the aftermath of natural disasters subject to the requirements of such part. such as Hurricanes Katrina and Rita, pro- (3) Services under such title IV (20 U.S.C. sistance in all economic conditions; and Whereas Congress continues to support viding support to earthquake victims in 1070 et seq.), subject to the requirements for Haiti, performing military service in Iraq such services. SBDCs and the role of SBDCs in assisting small businesses and building the economic and Afghanistan, and reforming and inno- SEC. 11. GAO REPORT. success of the United States: Now, therefore, vating the national and international securi- Not later than seven years after the date of be it ties and capital markets; enactment of this Act, the Comptroller Gen- Whereas the 672 White House Fellows have eral of the United States shall submit to the Resolved, That the Senate— (1) celebrates the 30th anniversary of the characterized their post-Fellowship years Committee on the Judiciary of the Senate with a lifetime commitment to public serv- and the Committee on the Judiciary of the Small Business Development Center net- work; and ice, including creating a White House Fel- House of Representatives a report setting lows Community of Mutual Support for lead- forth— (2) expresses appreciation for— (A) the steadfast partnership between the ership at every level of government and in (1) the number of aliens who were eligible every element of our national life; and for cancellation of removal and adjustment Small Business Development Center network and the Small Business Administration; and Whereas September 1, 2010, marked the of status under section 4(a); 45th anniversary of the first class of White (2) the number of aliens who applied for ad- (B) the work of the Small Business Devel- opment Center network in ensuring quality House Fellows to serve this Nation: Now, justment of status under section 4(a); therefore, be it (3) the number of aliens who were granted assistance to small business and access for all to the American Dream. Resolved by the Senate (the House of Rep- adjustment of status under section 4(a); and resentatives concurring), That Congress— (4) the number of aliens whose conditional f (1) recognizes the 45th anniversary of the permanent resident status was removed White House Fellows program and commends under section 5. SENATE CONCURRENT RESOLU- the White House Fellows for their continuing f TION 72—RECOGNIZING THE 45TH lifetime commitment to public service; ANNIVERSARY OF THE WHITE (2) acknowledges the legacy of leadership SUBMITTED RESOLUTIONS HOUSE FELLOWS PROGRAM provided by White House Fellows over the Mr. BROWNBACK submitted the fol- years in their local communities, the Nation, and the world; and SENATE RESOLUTION 638—CELE- lowing concurrent resolution; which (3) expresses appreciation and support for BRATING THE 30TH ANNIVER- was referred to the Committee on the the continuing leadership of White House SARY OF THE SMALL BUSINESS Judiciary: Fellows in all aspects of our national life in DEVELOPMENT CENTER NET- S. CON. RES. 72 the years ahead. WORK Whereas in 1964, John W. Gardner pre- f Ms. SNOWE (for herself, Ms. sented the idea of selecting a handful of out- AMENDMENTS SUBMITTED AND standing men and women to travel to Wash- LANDRIEU, Mr. VITTER, Mr. LIEBERMAN, PROPOSED Mr. ENZI, Mrs. SHAHEEN, Mr. ISAKSON, ington, D.C. to participate in a fellowship program that would educate such men and SA 4654. Mr. BURRIS submitted an amend- Mrs. HAGAN, Mr. THUNE, Ms. CANTWELL, women about the workings of the highest ment intended to be proposed by him to the Mr. BOND, Mr. WICKER, Mr. RISCH, and levels of the Federal Government and about bill S. 3454, to authorize appropriations for Mr. PRYOR) submitted the following leadership, as they observed Federal officials fiscal year 2011 for military activities of the resolution; which was considered and in action and met with these officials and Department of Defense, for military con- agreed to: other leaders of society, thereby strength- struction, and for defense activities of the

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Mr. DEMINT submitted an amend- United States’’; and ment intended to be proposed by him to the (B) in subparagraphs (B) and (E), by strik- the SEC Inspector General’s Report on bill S. 3454, supra; which was ordered to lie ing ‘‘officer’’ each place it appears and in- the ‘Investigation of the SEC’s Re- on the table. serting ‘‘individual’’. sponse to Concerns Regarding Robert f Allen Stanford’s Alleged Ponzi SA 4655. Mr. DEMINT submitted an Scheme.’ ’’ TEXT OF AMENDMENTS amendment intended to be proposed by The PRESIDING OFFICER. Without SA 4654. Mr. BURRIS submitted an him to the bill S. 3454, to authorize ap- objection, it is so ordered. amendment intended to be proposed by propriations for fiscal year 2011 for COMMITTEE ON BANKING, HOUSING AND URBAN him to the bill S. 3454, to authorize ap- military activities of the Department AFFAIRS propriations for fiscal year 2011 for of Defense, for military construction, Mr. BROWN of Ohio. Mr. President, I military activities of the Department and for defense activities of the De- ask unanimous consent that the Com- of Defense, for military construction, partment of Energy, to prescribe mili- mittee on Banking, Housing, and and for defense activities of the De- tary personnel strengths for such fiscal Urban Affairs be authorized to meet partment of Energy, to prescribe mili- year, and for other purposes; which was during the session of the Senate on tary personnel strengths for such fiscal ordered to lie on the table; as follows: September 22, 2010, at 2 p.m., to con- year, and for other purposes; which was At the end of subtitle C of title II, add the duct a hearing entitled ‘‘Reauthoriza- ordered to lie on the table; as follows: following: tion of the National Flood Insurance At the end of subtitle B of title V, add the SEC. 236. REVISION OF NATIONAL MISSILE DE- Program.’’ following: FENSE POLICY OF THE UNITED The PRESIDING OFFICER. Without SEC. 526. AUTHORIZED SERVICE OF MEMBERS OF STATES AS STATED IN THE NA- objection, it is so ordered. THE RETIRED RESERVE IN CERTAIN TIONAL MISSILE DEFENSE ACT OF HIGH-LEVEL NATIONAL GUARD BU- 1999. COMMITTEE ON FINANCE REAU POSITIONS. Section 2 of the National Missile Defense Mr. BROWN of Ohio. Mr. President, I (a) CHIEF OF THE NATIONAL GUARD BU- Act of 1999 (Public Law 106–38; 113 Stat. 205; ask unanimous consent that the Com- REAU.—Section 10502(a) of title 10, United 10 U.S.C. 2431 note) is amended by striking mittee on Finance be authorized to States Code, is amended— ‘‘to deploy’’ and all that follows and insert- meet during the session of the Senate (1) in the matter preceding paragraph (1), ing the following: ‘‘to deploy as rapidly as on September 22, 2010, at 10 a.m., in by inserting ‘‘, or members of the Retired technology permits an effective and layered Reserve who served as officers of the Army Missile Defense system capable of defending room 215 of the Dirksen Senate Office National Guard of the United States or the the territory of the United States and its al- Building, to conduct a hearing entitled Air National Guard of the United States,’’ lies against all ballistic missile attacks ‘‘Tax and Fiscal Policy: Effects on the after ‘‘Air National Guard of the United (whether accidental, unauthorized, or delib- Military and Veterans Community.’’ States’’; and erate) with funding subject to the annual au- The PRESIDING OFFICER. Without (2) in paragraph (4), by inserting ‘‘or re- thorization of appropriations and the annual objection, it is so ordered. appropriation of funds for Missile Defense.’’. tired in a grade above brigadier general, as COMMITTEE ON FOREIGN RELATIONS applicable’’ before the semicolon. f (b) DIRECTOR OF THE JOINT STAFF OF THE Mr. BROWN of Ohio. Mr. President, I NATIONAL GUARD BUREAU.—Section 10505(a) NOTICE OF HEARING ask unanimous consent that the Com- of such title is amended— mittee on Foreign Relations be author- COMMITTEE ON ENERGY AND NATURAL (1) in paragraph (1)— RESOURCES ized to meet during the session of the (A) in the matter preceding subparagraph Mr. BINGAMAN. Mr. President, I Senate on September 22, 2010, at 10 a.m. (A), by inserting ‘‘, or members of the Re- The PRESIDING OFFICER. Without would like to announce for the infor- tired Reserve who served as officers of the objection, it is so ordered. Army National Guard of the United States or mation of the Senate and the public COMMITTEE ON FOREIGN RELATIONS the Air National Guard of the United that a hearing has been scheduled be- States,’’ after ‘‘Air National Guard of the fore the Subcommittee on Energy. The Mr. BROWN of Ohio. Mr. President, I United States’’; and hearing will be held on Wednesday, ask unanimous consent that the Com- (B) in subparagraph (C), by inserting ‘‘or September 29, 2010, at 10 a.m., in room mittee on Foreign Relations be author- retired in a grade above colonel, as applica- SD–366 of the Dirksen Senate Office ized to meet during the session of the ble’’ before the period; and Senate on September 22, 2010, at 11 a.m. (2) in paragraph (2), by inserting ‘‘or re- Building. The purpose of this oversight hearing The PRESIDING OFFICER. Without tired members’’ after ‘‘members’’. objection, it is so ordered. (c) OTHER SENIOR NATIONAL GUARD BUREAU is to receive testimony on the Propane POSITIONS.—Section 10506(a) of such title is Education and Research Council, COMMITTEE ON FOREIGN RELATIONS amended— PERC, and National Oilheat Research Mr. BROWN of Ohio. Mr. President, I (1) in paragraph (1)— Alliance, NORA. ask unanimous consent that the Com- (A) in subparagraph (A), by striking ‘‘two Because of the limited time available mittee on Foreign Relations be author- general officers’’ and all that follows for the hearing, witnesses may testify ized to meet during the session of the through ‘‘United States’’ and inserting ‘‘two Senate on September 22, 2010, at 3 p.m. individuals selected by the Secretary of the by invitation only. However, those Army from general officers of the Army Na- wishing to submit written testimony The PRESIDING OFFICER. Without tional Guard of the United States and mem- for the hearing record may do so by objection, it is so ordered. bers of the Retired Reserve who served as sending it to the Committee on Energy COMMITTEE ON HOMELAND SECURITY AND general officers of the Army National Guard and Natural Resources, United States GOVERNMENTAL AFFAIRS of the United States’’; and Senate, Washington, D.C. 20510–6150, or Mr. BROWN of Ohio. Mr. President, I (B) in subparagraph (B), by striking ‘‘two by e-mail to Rosemariel ask unanimous consent that the Com- general officers’’ and all that follows [email protected]. mittee on Homeland Security and Gov- through ‘‘United States’’ and inserting ‘‘two ernmental Affairs be authorized to individuals selected by the Secretary of the For further information, please con- Air Force from general officers of the Air tact Tara Billingsley at (202) 224–4756 or meet during the session of the Senate National Guard of the United States and Rosemarie Calabro at (202) 224–5039. on September 22, 2010, at 10 a.m., to members of the Retired Reserve who served f conduct a hearing entitled ‘‘Nine Years as general officers of the Air National Guard After 9/11: Confronting the Terrorist of the United States’’; and AUTHORITY FOR COMMITTEES TO Threat to the Homeland.’’ (2) in paragraph (3)— MEET The PRESIDING OFFICER. Without (A) in subparagraph (A)— COMMITTEE ON BANKING, HOUSING, AND URBAN objection, it is so ordered. (i) by inserting ‘‘and members of the Re- AFFAIRS COMMITTEE ON THE JUDICIARY tired Reserve who served as general officers of the Army National Guard of the United Mr. BROWN of Ohio. Mr. President, I Mr. BROWN of Ohio. Mr. President, I States’’ after ‘‘Army National Guard of the ask unanimous consent that the Com- ask unanimous consent that the Com- United States’’; and mittee on Banking, Housing, and mittee on the Judiciary be authorized

VerDate Mar 15 2010 03:11 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.035 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE September 22, 2010 CONGRESSIONAL RECORD — SENATE S7363 to meet during the session of the Sen- personal office have floor privileges for (5) by inserting ‘‘or digital broadcast tele- ate on September 22, 2010, at 10 a.m., in today. vision’’ after ‘‘protocol’’ in section room SD–226 of the Dirksen Senate Of- The PRESIDING OFFICER. Without 201(e)(2)(E). fice Building, to conduct a hearing en- objection, it is so ordered. SEC. 3. AMENDMENT OF COMMUNICATIONS ACT OF 1934. titled ‘‘The Electronic Communica- f The Communications Act of 1934 (47 U.S.C. tions Privacy Act: Promoting Security UNANIMOUS CONSENT 151 et seq.), as amended by the Twenty-First and Protecting Privacy in the Digital AGREEMENT—S. 3628 Century Communications and Video Accessi- Age.’’ bility Act of 2010, is amended— The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- (1) by striking ‘‘do not’’ in section 716(d); objection, it is so ordered. imous consent that on Thursday, Sep- (2) by striking ‘‘facilities’’ in section tember 23, upon the disposition of S.J. 716(e)(1)(D) and inserting ‘‘facilitate’’; COMMITTEE ON THE JUDICIARY Res. 30, the Senate then proceed to (3) by striking ‘‘provider in the manner Mr. BROWN of Ohio. Mr. President, I consideration of the motion to recon- prescribed in paragraph (3),’’ in section ask unanimous consent that the Com- sider the vote by which cloture was not 717(a)(5)(C) and inserting ‘‘provider,’’; mittee on the Judiciary be authorized invoked on the motion to proceed to S. (4) by striking ‘‘Equal Access to 21st Cen- to meet during the session of the Sen- tury Communications Act’’ in section 719(a) 3628, the DISCLOSE Act; that the mo- ate on September 22, 2010, at 2 p.m., in and inserting ‘‘Twenty-First Century Com- tion to reconsider be agreed to and room SD–226 of the Dirksen Senate Of- munications and Video Accessibility Act of that at 2:15 p.m. the Senate proceed to fice Building, to conduct a hearing en- 2010’’; vote on the motion to invoke cloture titled ‘‘Investigating and Prosecuting (5) by inserting ‘‘low-income’’ after ‘‘acces- on the motion to proceed to S. 3628, sible by’’ in section 719(a); Financial Fraud after the Fraud En- with the time until then equally di- (6) by striking ‘‘and’’ in section 713(f)(2)(A) forcement and Recovery Act.’’ vided and controlled between the two and inserting ‘‘such’’; The PRESIDING OFFICER. Without leaders, or their designees. (7) by inserting ‘‘have’’ after ‘‘that’’ the objection, it is so ordered. The PRESIDING OFFICER. Without first place it appears in section 713(f)(2)(B); (8) by inserting ‘‘and Commerce’’ after COMMITTEE ON RULES AND ADMINISTRATION objection, it is so ordered. Mr. BROWN of Ohio. Mr. President, I ‘‘Energy’’ in section 713(f)(4)(C)(iii); f (9) by striking ‘‘programming distribu- ask unanimous consent that the Com- MAKING TECHNICAL CORRECTIONS tion’ ’’ in section 713(c)(2)(D)(iii) and insert- mittee on Rules and Administration be ing ‘‘programming distributors’ ’’; authorized to meet during the session IN THE TWENTY-FIRST CENTURY (10) by striking ‘‘progamming’’ in section of the Senate on September 22, 2010, at COMMUNICATIONS AND VIDEO 713(c)(2)(D)(v) and inserting ‘‘programming’’; 10 a.m. ACCESSIBILITY ACT OF 2010 (11) by striking ‘‘and video description sig- The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- nals and make’’ in section 713(c)(2)(D)(vi) and objection, it is so ordered. imous consent that the Senate proceed inserting ‘‘and makes’’; (12) by striking ‘‘by’’ in section 303(aa)(3) COMMITTEE ON VETERANS’ AFFAIRS to the immediate consideration of S. and inserting ‘‘for’’; Mr. BROWN of Ohio. Mr. President, I 3828, introduced earlier today. (13) by striking ‘‘and’’ after the semicolon ask unanimous consent that the Com- The PRESIDING OFFICER. Without in section 303(bb)(1); mittee on Veterans’ Affairs be author- objection, it is so ordered. (14) by striking ‘‘features.’’ in section ized to meet during the session of the The clerk will state the bill by title. 303(bb)(2) and inserting ‘‘features; and’’; and The assistant legislative clerk read Senate on September 22, 2010. The Com- (15) by striking the matter following sub- as follows: mittee will meet in room 345 in the division (2) of section 303(bb) and inserting the following: Cannon House Office Building begin- A bill (S. 3828) to make technical correc- tions in the Twenty-First Century Commu- ‘‘(3) that, with respect to navigation device ning at 10 a.m. nications and Video Accessibility Act of 2010 features and functions— The PRESIDING OFFICER. Without and the amendments made by that Act. ‘‘(A) delivered in software, the require- objection, it is so ordered. There being no objection, the Senate ments set forth in this subsection shall apply SUBCOMMITTEE ON CONSUMER PROTECTION, proceeded to consider the bill. to the manufacturer of such software; and PRODUCT SAFETY, AND INSURANCE Mr. REID. Mr. President, I ask unan- ‘‘(B) delivered in hardware, the require- Mr. BROWN of Ohio. Mr. President, I ments set forth in this subsection shall apply imous consent that the bill be read the to the manufacturer of such hardware.’’. ask unanimous consent that the Sub- third time and passed, the motion to committee on Consumer Protection, reconsider be laid upon the table, with f Product Safety, and Insurance of the no intervening action or debate, and VETERANS’ COMPENSATION COST- Committee on Commerce, Science, and that any statements relating to the OF-LIVING ADJUSTMENT ACT OF Transportation be authorized to meet bill be printed in the RECORD. 2010 during the session of the Senate on The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- September 22, 2010, at 2:30 p.m., in objection, it is so ordered. imous consent that the Senate proceed room 253 of the Russell Senate Office The bill (S. 3828) was ordered to be to the immediate consideration of Cal- Building. engrossed for a third reading, was read endar No. 550, S. 3107. The PRESIDING OFFICER. Without the third time, and passed, as follows: The PRESIDING OFFICER. Without objection, it is so ordered. S. 3828 objection, it is so ordered. f Be it enacted by the Senate and House of Rep- The clerk will state the bill by title. resentatives of the United States of America in The assistant legislative clerk read PRIVILEGES OF THE FLOOR Congress assembled, as follows: Mr. MERKLEY. Mr. President, I ask SEC. 2. AMENDMENT OF TWENTY-FIRST CENTURY unanimous consent that Peter Gaulke, COMMUNICATIONS AND VIDEO AC- A bill (S. 3107) to amend title 28, United CESSIBILITY ACT OF 2010. States Code, to provide for an increase, effec- a legislative fellow in my office, be tive December 1, 2010, in the rates of com- granted floor privileges for the remain- The Twenty-First Century Communica- pensation for veterans with service-con- der of this Congress. tions and Video Accessibility Act of 2010 is nected disabilities and the rates of depend- The ACTING PRESIDENT pro tem- amended— ency and indemnity compensation for the pore. Without objection, it is so or- (1) by striking the item relating to section survivors of certain disabled veterans, and dered. 105 in the table of contents in section 1(b) for other purposes. Mr. MERKLEY. I also ask unanimous and inserting the following: There being no objection, the Senate consent that Caitlin Kilborn, an intern ‘‘Sec. 105. Relay services for deaf-blind indi- proceeded to consider the bill. in my office, be granted floor privileges viduals.’’; Mr. AKAKA. Mr. President, today, as for today. (2) by striking ‘‘requirement’’ in section chairman of the Senate Committee on The ACTING PRESIDENT pro tem- 201(e)(1)(B) and inserting ‘‘objectives’’; Veterans’ Affairs, I urge all of my col- (3) by striking ‘‘requirement’’ in section pore. Without objection, it is so or- 201(e)(2)(B) and inserting ‘‘objectives’’; leagues to support S. 3107/H.R. 4667, the dered. (4) by inserting ‘‘or digital broadcast tele- Veterans’ Compensation Cost-of-Living Mr. ENZI. Mr. President, I ask unani- vision’’ after ‘‘ protocol’’ in section Adjustment Act of 2010. This measure mous consent that Kristen Leis of my 201(e)(2)(C); and would direct the Secretary of Veterans

VerDate Mar 15 2010 03:20 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.040 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE S7364 CONGRESSIONAL RECORD — SENATE September 22, 2010 Affairs to increase, effective December The bill (H.R. 4667) was ordered to be (1) in subsection (a), in the second sen- 1, 2010, the rates of veterans’ compensa- read a third time, was read the third tence, by inserting ‘‘and land held in trust tion to keep pace with the rising cost time, and passed. for the Kalispel Tribe of Indians, the Puy- of living in this country. The rate ad- allup Tribe of Indians,’’ after ‘‘the Kalispel In- f dian Reservation’’; and justment is equal to that provided on (2) in subsection (b), by inserting ‘‘, the an annual basis to Social Security re- 99-YEAR TRIBAL LEASE AUTHORITY ACT Puyallup Tribe of Indians, the Swinomish In- cipients and is based on the Consumer dian Tribal Community, or the Kalispel Price Index. Mr. REID. Mr. President, I ask unan- Tribe of Indians’’ after ‘‘Tulalip Tribes’’. imous consent that the Senate proceed Congress regularly enacts legislation Mr. REID. Mr. President, I ask unan- that would provide for a cost-of-living to the immediate consideration of Cal- imous consent that the committee-re- adjustment for veterans’ compensation endar No. 507, S. 1448. ported amendments be agreed to, the in order to ensure that inflation does The PRESIDING OFFICER. The bill, as amended, be read a third time not erode the purchasing power of the clerk will report the bill by title. and passed, the motions to reconsider veterans and their families who depend The assistant legislative clerk read be laid upon the table, with no inter- upon this income to meet their daily as follows: vening action or debate, and that any needs. The 2011 COLA has not yet been A bill (S. 1448) to amend the Act of August statements relating to the bill be determined. 9, 1955, to authorize the Coquille Indian The COLA affects, among other bene- Tribe, the Confederated Tribes of Siletz Indi- printed in the RECORD. fits, veterans’ disability compensation ans, the Confederated Tribes of the Coos, The PRESIDING OFFICER. Without Lower Umpqua, and Siuslaw, the Klamath and dependency and indemnity com- objection, it is so ordered. Tribes, and the Burns Paiute Tribe to obtain The committee amendments were pensation for surviving spouses and 99-year lease authority for trust land. agreed to. children. Many of the recipients of There being no objection, the Senate The bill (S. 2906), as amended, was or- those benefits depend upon these tax- proceeded to consider the bill. free payments not only to provide for Mr. REID. Mr. President, I ask unan- dered to be engrossed for a third read- their own basic needs, but those of imous consent that the bill be read a ing, was read the third time, and their spouses and children as well. third time and passed, the motion to passed. Without a COLA increase, these vet- reconsider be laid upon the table, with erans and their families would see the no intervening action or debate, and f value of their hard-earned benefits that any statements relating to the slowly diminish if there was an in- bill be printed in the RECORD. REDUNDANCY ELIMINATION AND crease in inflation. If there is an in- The PRESIDING OFFICER. Without ENHANCED PERFORMANCE FOR crease in inflation, we in Congress objection, it is so ordered. PREPAREDNESS GRANTS ACT would be neglecting our duty to ensure The bill (S. 1448) was ordered to be Mr. REID. Mr. President, I ask unan- that those who sacrificed so much for engrossed for a third reading, was read imous consent that the Senate proceed this country receive the benefits and the third time, and passed, as follows: to the immediate consideration of Cal- services to which they are entitled. S. 1448 endar No. 566, H.R. 3980. It is important that we view vet- Be it enacted by the Senate and House of Rep- erans’ compensation, including the resentatives of the United States of America in The PRESIDING OFFICER. The COLA, and indeed all benefits earned Congress assembled, clerk will report the bill by title. by veterans, as a continuing cost of SECTION 1. LEASES OF RESTRICTED LAND. The assistant legislative clerk read war. It is clear that the ongoing con- Subsection (a) of the first section of the as follows: flicts in Iraq and Afghanistan will con- Act of August 9, 1955 (25 U.S.C. 415(a)), is A bill (H.R. 3980) to provide for identifying tinue to result in injuries and disabil- amended in the second sentence by inserting and eliminating redundant reporting re- ities that will yield an increase in ‘‘land held in trust for the Coquille Indian quirements and developing meaningful per- Tribe, land held in trust for the Confederated claims for compensation. Currently, formance metrics for homeland security pre- Tribes of Siletz Indians, land held in trust paredness grants, and for other purposes. there are more than 3.1 million vet- for the Confederated Tribes of the Coos, erans in receipt of VA disability com- Lower Umpqua, and Siuslaw Indians, land There being no objection, the Senate pensation. held in trust for the Klamath Tribes, and proceeded to consider the bill, which Disbursement of disability compensa- land held in trust for the Burns Paiute had been reported from the Committee tion to our Nation’s veterans con- Tribe,’’ after ‘‘lands held in trust for the on Homeland Security and Govern- stitutes one of the central missions of Confederated Tribes of the Warm Springs mental Affairs, with an amendment to the Department of Veterans Affairs. It Reservation of Oregon,’’. strike all after the enacting clause and is a necessary measure of appreciation f insert in lieu thereof the following: afforded to those veterans whose lives MODIFYING TRIBAL LEASE SECTION 1. SHORT TITLE. were forever altered by their service to PROVISIONS This Act may be cited as the ‘‘Redundancy this country. Mr. REID. Mr. President, I ask unan- Elimination and Enhanced Performance for Pre- I urge our colleagues to support pas- imous consent that the Senate proceed paredness Grants Act’’. sage of this COLA bill. I also ask our to the immediate consideration of Cal- SEC. 2. IDENTIFICATION OF REPORTING colleagues for their continued support endar No. 508, S. 2906. REDUNDANCIES AND DEVELOPMENT OF PERFORMANCE METRICS FOR for our Nation’s veterans. The PRESIDING OFFICER. The Mr. REID. Mr. President, I ask unan- HOMELAND SECURITY PREPARED- clerk will report the bill by title. NESS GRANT PROGRAMS. imous consent that the bill be read the The assistant legislative clerk read third time; that the Veterans Affairs (a) IN GENERAL.—Title XX of the Homeland as follows: Security Act of 2002 (6 U.S.C. 601 et seq.) is Committee be discharged from further A bill (S. 2906) to amend the Act of August amended by adding at the end the following: consideration of H.R. 4667, which is the 9, 1955, to modify a provision relating to ‘‘SEC. 2023. IDENTIFICATION OF REPORTING companion measure from the House, leases involving certain Indian tribes. REDUNDANCIES AND DEVELOPMENT and the Senate proceed to its imme- There being no objection, the Senate OF PERFORMANCE METRICS. diate consideration; that the bill, H.R. EFINITION proceeded to consider the bill, which ‘‘(a) D .—In this section, the term 4667, be read the third time and passed; ‘covered grants’ means grants awarded under had been reported from the Committee further, that S. 3107 be returned to the section 2003, grants awarded under section 2004, on Indian Affairs, with amendments, as calendar; that the motions to recon- and any other grants specified by the Adminis- follows: sider be laid on the table, with no in- trator. tervening action or debate, and that S. 2906 ‘‘(b) INITIAL REPORT.—Not later than 90 days after the date of enactment of the Redundancy any statements related to the bill be Be it enacted by the Senate and House of Rep- resentatives of the United States of America in Elimination and Enhanced Performance for Pre- printed in the RECORD. Congress assembled, paredness Grants Act, the Administrator shall The PRESIDING OFFICER. Without SECTION 1. LEASES INVOLVING CERTAIN INDIAN submit to the appropriate committees of Con- objection, it is so ordered. TRIBES. gress a report that includes— The bill was ordered to a third read- The first section of the Act of August 9, ‘‘(1) an assessment of redundant reporting re- ing and was read the third time. 1955 (25 U.S.C. 415), is amended— quirements imposed by the Administrator on

VerDate Mar 15 2010 03:20 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00062 Fmt 4624 Sfmt 6333 E:\CR\FM\G22SE6.050 S22SEPT1 tjames on DSKG8SOYB1PROD with SENATE September 22, 2010 CONGRESSIONAL RECORD — SENATE S7365 State, local, and tribal governments in connec- this section and section 649 of the Post-Katrina charged from further consideration of tion with the awarding of grants, including— Emergency Management Reform Act of 2006 (6 S. Res. 623 and the Senate proceed to ‘‘(A) a list of each discrete item of data re- U.S.C. 749); and its immediate consideration. quested by the Administrator from grant recipi- ‘‘(B) the plan required under subsection The PRESIDING OFFICER. Without ents as part of the process of administering cov- (b)(3). ered grants; ‘‘(2) REPORT.—Not later than 1 year after the objection, it is so ordered. The clerk ‘‘(B) identification of the items of data from date on which the contract described in para- will report the resolution by title. the list described in subparagraph (A) that are graph (1) is awarded, the Administrator shall The assistant legislative clerk read required to be submitted by grant recipients on submit to the appropriate committees of Con- as follows: multiple occasions or to multiple systems; and gress a report that describes the findings and A resolution (S. Res. 623) commending the ‘‘(C) identification of the items of data from recommendations of the study conducted under encouragement of interest in science, tech- the list described in subparagraph (A) that are paragraph (1). nology, engineering, and mathematics by the not necessary to be collected in order for the Ad- ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— entertainment industry, and for other pur- ministrator to effectively and efficiently admin- There are authorized to be appropriated to the poses. Administrator such sums as may be necessary to ister the programs under which covered grants There being no objection, the Senate are awarded; carry out this subsection.’’. ‘‘(2) a plan, including a specific timetable, for (b) TECHNICAL AND CONFORMING AMEND- proceeded to consider the resolution. eliminating any redundant and unnecessary re- MENT.—The table of contents in section 1(b) of Mr. REID. I ask the resolution be porting requirements identified under paragraph the Homeland Security Act of 2002 (6 U.S.C. 101 agreed to, the preamble be agreed to, (1); and et seq.) is amended by adding at the end the fol- the motion to reconsider be laid on the ‘‘(3) a plan, including a specific timetable, for lowing: table, with no intervening action or de- promptly developing a set of quantifiable per- ‘‘Sec. 2023. Identification of reporting bate, and any statements be printed in formance measures and metrics to assess the ef- redundancies and development of the RECORD. fectiveness of the programs under which covered performance metrics.’’. The PRESIDING OFFICER. Without grants are awarded. Mr. REID. Mr. President, I ask unan- objection, it is so ordered. ‘‘(c) BIENNIAL REPORTS.—Not later than 1 year after the date on which the initial report is imous consent that the committee-re- The resolution (S. Res. 623) was required to be submitted under subsection (b), ported substitute amendment be agreed agreed to. and once every 2 years thereafter, the Adminis- to, the bill, as amended, be read a third The preamble was agreed to. trator shall submit to the appropriate commit- time and passed, the motions to recon- The resolution, with its preamble, tees of Congress a grants management report sider be laid upon the table, with no in- reads as follows: that includes— tervening action or debate, and that S. RES. 623 ‘‘(1) the status of efforts to eliminate redun- any statements relating to the bill be Whereas science, technology, engineering, dant and unnecessary reporting requirements printed in the RECORD. and mathematics (referred to in this pre- imposed on grant recipients, including— ‘‘(A) progress made in implementing the plan The PRESIDING OFFICER. Without amble as ‘‘STEM’’) are vital fields of increas- required under subsection (b)(2); objection, it is so ordered. ing importance in driving the economic en- ‘‘(B) a reassessment of the reporting require- The committee amendment in the gine of the United States; ments to identify and eliminate redundant and nature of a substitute was agreed to. Whereas STEM-educated graduates have unnecessary requirements; The amendment was ordered to be and will continue to play critical roles in ‘‘(2) the status of efforts to develop quantifi- engrossed and the bill to be read a helping to develop clean energy tech- nologies, to find life-saving cures for dis- able performance measures and metrics to assess third time. the effectiveness of the programs under which eases, to solve security challenges, and to The bill (H.R. 3980), as amended, was discover new solutions for deteriorating the covered grants are awarded, including— read the third time and passed. ‘‘(A) progress made in implementing the plan transportation and infrastructure; required under subsection (b)(3); f Whereas through 2018, STEM occupations are projected to provide 2,800,000 job open- ‘‘(B) progress made in developing and imple- IMPROVING THE OPERATION OF menting additional performance metrics and ings; measures for grants, including as part of the CERTAIN FACILITIES AND PRO- Whereas over 90 percent of STEM occupa- comprehensive assessment system required under GRAMS OF THE HOUSE OF REP- tions require at least some postsecondary section 649 of the Post-Katrina Emergency Man- RESENTATIVES education; agement Reform Act of 2006 (6 U.S.C. 749); and Mr. REID. Mr. President, I ask unan- Whereas students across the country, espe- ‘‘(3) a performance assessment of each pro- cially young women and underrepresented imous consent that the Rules Com- minorities, need greater understanding and gram under which the covered grants are mittee be discharged from further con- awarded, including— appreciation of STEM careers, and access to ‘‘(A) a description of the objectives and goals sideration of H.R. 5682, and that the quality STEM opportunities; of the program; Senate then proceed to its consider- Whereas the entertainment industry of the ‘‘(B) an assessment of the extent to which the ation. United States, comprised of movies, tele- objectives and goals described in subparagraph The PRESIDING OFFICER. Without vision, theater, radio, DVDs, video games, as (A) have been met, based on the quantifiable objection, it is so ordered. The clerk well as other video and audio recordings and performance measures and metrics required will report the bill by title. means of communications, has an extraor- under this section, section 2022(a)(4), and sec- The assistant legislative clerk read dinary ability to reach the people of the United States, especially young people; tion 649 of the Post-Katrina Emergency Man- as follows: agement Reform Act of 2006 (6 U.S.C. 749); Whereas the entertainment industry has ‘‘(C) recommendations for any program modi- A bill (H.R. 5682) to improve the operation begun to make significant investments in fications to improve the effectiveness of the pro- of certain facilities and programs of the support of STEM education; and gram, to address changed or emerging condi- House of Representatives, and for other pur- Whereas, for example, the Entertainment tions; and poses. Industries Council has developed the Ready ‘‘(D) an assessment of the experience of recipi- There being no objection, the Senate on the S.E.T. and . . . Action! initiative to ents of covered grants, including the availability proceeded to consider the bill. elevate the importance of science, engineer- of clear and accurate information, the timeliness Mr. REID. I ask unanimous consent ing, and technology in national entertain- of reviews and awards, and the provision of that the bill be read three times, ment and news productions by connecting technical assistance, and recommendations for STEM experts, companies, and organizations improving that experience. passed, the motion to reconsider be with the entertainment industry in order to ‘‘(d) GRANTS PROGRAM MEASUREMENT laid on the table, and that any state- disseminate accurate information about STUDY.— ments be printed in the RECORD. STEM professionals and careers, and pro- ‘‘(1) IN GENERAL.—Not later than 30 days after The PRESIDING OFFICER. Without ducing the first-ever S.E.T. Awards Show the enactment of Redundancy Elimination and objection, it is so ordered. this year to award accurate and impactful Enhanced Performance for Preparedness Grants The bill (H.R. 5682) was ordered to a portrayals of STEM in movies, television se- Act, the Administrator shall enter into a con- third reading, was read the third time, ries, radio and television news programs, and tract with the National Academy of Public Ad- and passed. print and online journalism: Now, therefore, ministration under which the National Academy be it of Public Administration shall assist the Admin- f Resolved, That the Senate— istrator in studying, developing, and imple- COMMENDING THE (1) commends the effective use of the sub- menting— ENTERTAINMENT INDUSTRY stantial influence and resources of the enter- ‘‘(A) quantifiable performance measures and tainment industry of the United States, by metrics to assess the effectiveness of grants ad- Mr. REID. I ask unanimous consent those members of the entertainment indus- ministered by the Department, as required under the Commerce Committee be dis- try, such as the Entertainment Industries

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Mr. President, I ask unan- OF SMALL BUSINESS DEVELOP- form the services offered by SBDCs, includ- imous consent that when the Senate MENT CENTER NETWORK ing training and advising, and have taken on completes its business today, it ad- new missions, in order to ensure that small journ until 9:30 a.m., Thursday, Sep- Mr. REID. I ask we now proceed to S. businesses have relevant and significant as- Res. 638, submitted earlier today. tember 23; that following the prayer sistance in all economic conditions; and and pledge, the Journal of proceedings The PRESIDING OFFICER. The Whereas Congress continues to support clerk will report the resolution by SBDCs and the role of SBDCs in assisting be approved to date, the morning hour title. small businesses and building the economic be deemed expired, the time for the two The assistant legislative clerk read success of the United States: Now, therefore, leaders be reserved for their use later as follows: be it in the day; that following any leader Resolved, That the Senate— A resolution (S. Res. 638) celebrating the remarks, the Senate proceed to a pe- (1) celebrates the 30th anniversary of the 30th anniversary of the Small Business De- riod of morning business until 10:30 Small Business Development Center net- velopment Center Network. a.m., with Senators permitted to speak work; and therein for up to 10 minutes each, with There being no objection, the Senate (2) expresses appreciation for— proceeded to consider the resolution. (A) the steadfast partnership between the the Republicans controlling the first Mr. REID. I ask unanimous consent Small Business Development Center network half and the majority controlling the the resolution be agreed to, the pre- and the Small Business Administration; and second half; further, upon the comple- amble be agreed to, and the motions to (B) the work of the Small Business Devel- tion of morning business, the Senate reconsider be laid upon the table. opment Center network in ensuring quality proceed to the consideration of S.J. The PRESIDING OFFICER. Without assistance to small business and access for Res. 30, a joint resolution of dis- all to the American Dream. objection, it is so ordered. approval regarding the National Medi- The resolution (S. Res. 638) was f ation Board, as provided under the pre- agreed to. MEASURE READ THE FIRST vious order. The preamble was agreed to. TIME—S. 3827 The PRESIDING OFFICER. Without The resolution, with its preamble, objection, it is so ordered. Mr. REID. Mr. President, I am told reads as follows: that S. 3827, introduced earlier today f S. RES. 638 by Senator DODD, is at the desk and PROGRAM Whereas the Small Business Development ready for its first reading. Center (referred to in this preamble as The PRESIDING OFFICER. The Mr. REID. Mr. President, tomorrow ‘‘SBDC’’) network will celebrate its 30th an- the Senate will consider the motion to niversary at a conference to be held Sep- clerk will report the bill by title. tember 21 through 24, 2010, in San Antonio, The assistant legislative clerk read proceed to S.J. Res. 30. Under the con- Texas; as follows: sent agreement for consideration of the Whereas the conference will be held to con- A bill (S. 3827) to amend the Illegal Immi- joint resolution, there will be 2 hours tinue the professional development of em- gration Reform and Immigrant Responsi- of debate prior to a vote on the motion ployees of SBDCs and to commemorate the bility Act of 1996 to permit States to deter- to proceed. This vote is expected to educational and technical assistance offered mine State residency for higher education occur as early as 12:30 p.m. tomorrow. by SBDCs to small businesses across the purposes and to authorize the cancellation of That will be the first vote of the day. United States; removal and adjustment of status of certain Also, as provided under a previous Whereas for 30 years, SBDCs have been alien students who are long-term United order, at 2:15 p.m., the Senate will pro- among the preeminent organizations in the States residents and who entered the United United States for providing business advice, States as children, and for other purposes. ceed to a rollcall vote on cloture on the motion to proceed to S. 3628, the DIS- one-on-one counseling, and indepth training Mr. REID. I ask for a second reading to small businesses; CLOSE Act. Whereas, during the 30 years prior to the and object to my own request. approval of this resolution, the SBDC net- The PRESIDING OFFICER. Objec- f work has grown from 9 fledgling centers to a tion is heard. The bill will be read for nationwide network of 63 lead centers, with a second time on the next legislative ADJOURNMENT UNTIL 9:30 A.M. more than 4,000 business advisors providing day. TOMORROW services at over 1,000 service locations; f Mr. REID. Mr. President, if there is Whereas the SBDC network has worked for no further business to come before the 30 years with the Small Business Adminis- APPOINTMENT Senate, I ask unanimous consent that tration, institutions of higher education, State governments, Congress, and others to The PRESIDING OFFICER. Mr. it adjourn under the previous order. significantly enhance the economic health President, the Chair, on behalf of the There being no objection, the Senate, and strength of small businesses in the majority leader pursuant to Public at 7:20 p.m., adjourned until Thursday, United States; Law 107–252, title II, section 214, ap- September 23, 2010, at 9:30 a.m.

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THE RECOGNITION OF 25 YEARS Anthony Scott, Office of the Chief Adminis- preneur at heart, buying a 7-Eleven in San OF SERVICE AWARDS FOR EM- trative Officer; Jose, California, which is home to a large Ethi- PLOYEES OF THE OFFICERS AND Linda Rawl Shealy, Office of the Sergeant opian community. Muna introduced Ethiopian INSPECTOR GENERAL OF THE at Arms. products to the store, becoming the first ever HOUSE OF REPRESENTATIVES On behalf of the entire House community, I franchise location to stock such merchandise. extend congratulations and once again recog- Recognizing the needs of the local community, HON. ROBERT A. BRADY nize and thank these employees for their com- his cultural infusion brought the business great OF PENNSYLVANIA mitment to the U.S. House of Representatives success. IN THE HOUSE OF REPRESENTATIVES as a whole, and to their respective House Offi- To serve the large Ethiopian community in cers and Inspector General in particular. Their Wednesday, September 22, 2010 San Jose, Muna and his wife opened Zeni’s long hours and hard work are invaluable, and Restaurant, offering authentic Ethiopian-style Mr. BRADY of Pennsylvania. Madam their years of unwavering service, dedication, cuisine. Zeni’s Restaurant remains immensely Speaker, as I did last year, I rise today to con- and commitment to the House set an example popular among both Ethiopians and non-Ethio- gratulate and recognize outstanding employ- for their colleagues and other employees who pians, considered by many to be the best Ethi- ees of the Officers (Clerk of the House, Ser- will follow in their footsteps. I celebrate our opian restaurant in the Bay Area. geant at Arms, and Chief Administrative Offi- honorees, and I am proud to stand before you Not only did Muna establish a flourishing cer) and Inspector General of the U.S. House and the nation on their behalf to recognize the restaurant, he also created a warm and inclu- of Representatives who have reached the importance of their public service. sive community environment for people of all milestone of 25 years of service to the U.S. f backgrounds. Sharing his love of Ethiopian House of Representatives. history and culture with all who entered, Muna Our most important asset in the House is HONORING PATRICIA YUNGCLAS made Zeni’s Restaurant a central gathering our dedicated employees, and their work, point for the Ethiopian community in San Jose. often behind the scenes, is vital in keeping the HON. TOM LATHAM Through such accomplishments he became an operations and services of the House running OF IOWA ambassador of the Ethiopian community. smoothly and efficiently. The employees we IN THE HOUSE OF REPRESENTATIVES As a patron of his restaurant, Muna and I recognize today are acknowledged and com- became friends. He spoke of Ethiopian life mended for their hard work, dedication, and Wednesday, September 22, 2010 and culture, and the struggles of Ethiopian support of House Members, their staffs and Mr. LATHAM. Madam Speaker, I rise today and Ethiopian Americans. As a result of his ef- constituents, and for their contributions day-in to honor a great achievement by Patricia forts, I was inspired to found and chair the and day-out to the overall operations of the Yungclas of Webster City, Iowa. Patricia was Congressional Caucus on Ethiopia and Ethio- House. These employees have a wide range named an Iowa Master Farm Homemaker by pian Americans, which seeks to support and of responsibilities that support the legislative Wallaces Farmer magazine. She was joined advance the interests of Ethiopian and Ethio- process, assure the security of the institution, by three other farm homemakers who were pian Americans across our nation. and maintain our technology and service infra- recognized during a ceremony in Des Moines structure. They have accomplished a great I stand here today in great thanks for, and on September 10, 2010. in high regard of, Muna’s entrepreneurial tal- many things in a wide range of activities, and Since 1940, Wallaces Farmer has been a the House of Representatives and its Mem- ents and civic involvement. Muna’s legacy will sponsor of the Iowa Master Farm Homemaker continue to serve generations of Ethiopian bers, staff, and the general public, are better Award. The honor recognizes these women served because of them. The individuals we Americans. It is my hope that his legacy in- for their fine work with their families, homes spires others to support their own communities honor today have collectively provided four and community service. hundred fifty (450) years of service to the U.S. and educate others about the diverse history The example set by Patricia demonstrates and traditions of their cultures. He will be House of Representatives: the rewards of hard work, dedication and com- Linda Cain, Office of the Clerk; missed greatly by the Silicon Valley commu- munity service. Her triumph is an honor that nity. John Clarke, Office of the Chief Administra- we all can admire and be proud of. tive Officer; I am honored to represent Patricia Yungclas f Corliss Clemonts-James, Office of the Clerk; in the United States Congress. I know that my Jodi Detwiler, Office of the Clerk; colleagues join me in congratulating Patricia ENTERPRISE WHEAT RIDGE KaSandra R. Greenhow, Office of the Ser- and wishing her continued success. LORETTA DITIRRO geant at Arms; Tina Hanonu, Office of the Chief Administra- f tive Officer; HONORING MR. ABEBAW ‘‘MUNA’’ HON. ED PERLMUTTER Monroe Holliway, Office of the Chief Admin- MERNE FEKI OF COLORADO istrative Officer; IN THE HOUSE OF REPRESENTATIVES Dorothy M. Jennings, Office of the Sergeant at Arms; HON. MICHAEL M. HONDA Wednesday, September 22, 2010 Deborah Jones, Office of the Chief Adminis- OF CALIFORNIA Mr. PERLMUTTER. Madam Speaker, I rise trative Officer; IN THE HOUSE OF REPRESENTATIVES today to recognize and applaud Enterprise Steven Kaeser, Office of the Chief Adminis- Wednesday, September 22, 2010 Wheat Ridge under the leadership of Presi- trative Officer; Olga Kornacki, Office of the Chief Adminis- Mr. HONDA. Madam Speaker, I rise today dent, Loretta DiTirro, for receiving the 2010 trative Officer; to commemorate the passing of an esteemed Wheat Ridge City Council Partnership Award. Mary O’Brien, Office of the Chief Adminis- leader in the Ethiopian American community Enterprise Wheat Ridge was started eight trative Officer; and prominent entrepreneur, beloved to family years ago and has since grown to over two Beth Pence, Office of the Chief Administra- and friends. hundred members. This is an association of tive Officer; Born on March 31, 1962, Mr. Abebaw dedicated businesses working together to sup- Robert Ransom, Office of the Chief Admin- Merne Feki, affectionately known as ‘‘Muna,’’ port business and community. By offering net- istrative Officer; was raised in the Bole-Kotebe neighborhood working and business education classes, they Sarah Ricanek, Office of the Chief Adminis- of Addis Ababa, Ethiopia. have become a valuable asset to many in the trative Officer; Following the American dream like many city of Wheat Ridge and surrounding areas. Bruce Roland, Office of the Chief Adminis- before him, he immigrated to America in 1991. Their community planning efforts are note- trative Officer; Muna was a small business owner and entre- worthy and have included the Wheat Ridge

∑ 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 Mar 15 2010 06:24 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A22SE8.001 E22SEPT1 pwalker on DSK8KYBLC1PROD with REMARKS E1690 CONGRESSIONAL RECORD — Extensions of Remarks September 22, 2010 Carnation Festival and the Wheat Ridge Holi- HONORING DIANE BEACH the completion and opening of the Iron County day Lighting Program. Their creation of ‘‘Pass- Courthouse in Ironton, Missouri. The corner- port to Wheat Ridge’’, a program which en- HON. BILL SHUSTER stone of the Iron County Courthouse was courages residents to do their holiday shop- OF PENNSYLVANIA originally laid on July 4, 1858. The construc- ping in Wheat Ridge, can be used as an ex- IN THE HOUSE OF REPRESENTATIVES tion of the building was completed and it was ample to other communities with the same Wednesday, September 22, 2010 opened in October of 1860. This courthouse is goals. a testament to justice in the rural community I extend my congratulations to Enterprise Mr. SHUSTER. Madam Speaker, I rise of Ironton. The legacy it represents is a point Wheat Ridge and President, Loretta DiTirro, today to honor Ms. Diane Beach, recipient of of pride to the members of this community. on this well deserved honor. I commend them the HEALTHSOUTH Personal Achievement The Iron County Courthouse represents a for their substantial commitment to our com- Award. place where the laws of our country are pro- munity in their pursuit of a stronger economy In November 2007, Diane was diagnosed tected and upheld. Just as justice must be within Wheat Ridge, Colorado. with a cancerous tumor on the C–5/C–6 served in urban areas so it must be protected vertebrae which was traced and found to have f and served in rural communities around the originated from her right breast. The tumor country. This courthouse represents the val- INTRODUCING THE AMERICAN IN- was removed causing loss of the use of her ues of the people of Southeast Missouri and FRASTRUCTURE INVESTMENT left arm—which happened to be her dominant the deep traditions here. These values and ACT arm. However, even with these unforeseen cir- this building have withstood the test of times. cumstances, Diane never wavered in her opti- The Courthouse survived damage during the HON. ALCEE L. HASTINGS mism that she would win her fight. She under- Civil War battle of Pilot Knob in September of OF FLORIDA went physical therapy at HealthSouth that was 1864. The Iron County Courthouse is recog- physically and mentally demanding, beginning IN THE HOUSE OF REPRESENTATIVES nized on the National Register of Historic with an initial two-week patient stay, and Places and has been featured in numerous Wednesday, September 22, 2010 evolving into several weeks of outpatient ther- publications. Mr. HASTINGS of Florida. Madam Speaker, apy. We have good reasons to recognize the his- I rise today to introduce the American Infra- Through it all, Diane continued to be a valu- tory of this institution in Southeastern Missouri. structure Investment Act. able asset to Home Instead Senior Care as The Iron County Courthouse has served as Policies passed by the Democratic con- their Office Manager. She was even consulted the site for countless trials and hearings dur- trolled Congress helped to begin pulling our during her hospitalizations to continue working ing its one hundred and fifty years of exist- economy out of recession. The Organization on payroll and bookkeeping. Diane also ence. Along with the Iron County Historical for Economic Cooperation and Development learned to adapt where necessary as she re- Society and the Iron County Commissions, I recently predicted it could be 3 years before learned to write with her right hand. celebrate the anniversary of the Iron County the unemployment rate returns to its pre-re- Ms. Beach deserves recognition for her ca- Courthouse. cession level. My legislation extends a number reer accomplishments and exemplar spirit, f of successful job creation programs that are which should serve as an inspiration to us all. I commend Diane for her positive attitude and EDUCYBER BRIAN AND MAKI set to expire. It is incentives like those in- DELAET cluded in this legislation that will help this na- determination, and I wish her the best in all of tion and restore employment levels to what her future endeavors. they once were. f HON. ED PERLMUTTER OF COLORADO By providing federal support for private sec- PERSONAL EXPLANATION tor infrastructure investment, this legislation IN THE HOUSE OF REPRESENTATIVES creates real jobs through investment in long- Wednesday, September 22, 2010 term sustainable economic development. HON. ALLYSON Y. SCHWARTZ Mr. PERLMUTTER. Madam Speaker, I rise OF PENNSYLVANIA These infrastructure investment programs are today to recognize and applaud Brian and IN THE HOUSE OF REPRESENTATIVES used to fund the construction of projects such Maki DeLaet, owners of EduCyber Inc., for re- as bridges, roads, schools and hospitals. Wednesday, September 22, 2010 ceiving the 2010 Wheat Ridge Business of the Some communities in my district have un- Ms. SCHWARTZ. Madam Speaker, I regret- Year Award. employment rates as high as 40 percent. If tably missed rollcall votes No. 526, No. 527, EduCyber Inc. began as a home based you were to go there and ask folks, I’m sure and No. 528 because I was testifying before business in 1998 and has successfully grown the answer would be, ‘‘Yes, we need more the Institute of Medicine on geographic adjust- under the leadership of Brian and Maki jobs,’’ and ‘‘Yes, we want more of the pro- ment factors in Medicare Payment. Had I been DeLaet. Its growth is attributed to the high grams that create those jobs.’’ A project in present, I would have voted in the following level of personalized service provided to its cli- Palm Beach County set to receive benefits manner: rollcall No. 526: ‘‘yes’’; rollcall No. ents and the business model used has be- from both the Recovery Zone Facility Bonds 527: ‘‘yes’’; rollcall No. 528: ‘‘yes.’’ come one that others seek to incorporate in and New Market Tax Credits, two incentives f their own businesses. extended under the American Infrastructure In- Brian and Maki DeLaet are active contribu- vestment Act, is responsible for 360 construc- PERSONAL EXPLANATION tors to the business community. EduCyber is tion jobs, 300 permanent full-time jobs and a member of The West Chamber of Com- $1.5 billion in gross regional product within the HON. TOM McCLINTOCK merce, Enterprise Wheat Ridge, Wheat Ridge first 5 years. Legislation passed by Demo- OF CALIFORNIA 2020 and the Applewood Business Associa- cratic-led Congress has directly led to the cre- IN THE HOUSE OF REPRESENTATIVES tion. In addition to their active participation in ation of 83,000 private sector jobs in June and Wednesday, September 22, 2010 the community, they have lent their support to nearly 600,000 private sector jobs this year. new city development projects such as new Build America Bonds are also extended Mr. MCCLINTOCK. Madam Speaker, on roll- parks and new bike and walk-ways. under this legislation. Created under the call No. 528, had I been present, I would have I extend my congratulations to Brian and American Recovery and Reinvestment Act, voted ‘‘aye.’’ Maki DeLaet, owners of EduCyber, on their these bonds have allowed State and local f recognition and thank them for their commit- governments to invest more than $100 billion CELEBRATING THE 150TH ANNI- ment to our community. in infrastructure projects nationwide and sup- VERSARY OF THE IRON COUNTY f ported more than 1.7 million jobs. These are COURTHOUSE HONORING PFC PAUL CUZZUPE the very kinds of successful private investment incentive programs that the government HON. JO ANN EMERSON HON. GUS M. BILIRAKIS should sponsor to kick-start the economy. OF MISSOURI OF FLORIDA Madam Speaker, make no mistake about IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES it—job creation is my number one priority. I urge my colleagues to support this legislation Wednesday, September 22, 2010 Wednesday, September 22, 2010 and help create jobs that are desperately Mrs. EMERSON. Madam Speaker, I rise Mr. BILIRAKIS. Madam Speaker, I rise needed now. today to recognize the 150th Anniversary of today to honor the life, sacrifice, and heroism

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Madam IN THE HOUSE OF REPRESENTATIVES perate need. PFC Cuzzupe personified this Speaker, I rise today to recognize Diana and bravery and compassion. In fact, a week be- Le´on Berliner, extraordinary citizens of Hum- Wednesday, September 22, 2010 fore he died, PFC Cuzzupe was awarded the boldt County, California, who have dedicated Mr. PERLMUTTER. Madam Speaker, I rise Army Commendation Medal for his tireless ef- their lives to public service. The husband and today to recognize and applaud Dr. Thomas forts to save life of an Afghan child that had wife team are being honored by the Humboldt P. Campbell for receiving the 2010 Wheat been severely wounded by an insurgent’s County Democratic Central Committee as Ridge Reinvestment Award. bomb. 2010 Citizens of the Year for one of our na- Dr. Campbell began his Ophthalmology Outside of the Army, Paulie—as he is tion’s most precious rights—participation in the practice in 1988 and since has become a known to his friends—was an outstanding political system. Their commitment to the gen- leader in his field. His investment and restora- young man in his own right. He had been an eral health and welfare of the community and tion of property along 44th Avenue in Wheat honor student at Armwood High School and to the preservation of our liberty is worthy of Ridge, Colorado has provided the city with an was a talented self-taught guitarist who led his appreciation and recognition. aesthetically pleasing and environmentally own rock band and performed songs for Sun- Diana Berliner has been a dedicated educa- conscious building that will increase property day school students. tor for over 40 years. She has focused her ca- values. reer on the needs of special education stu- This new office design has provided a Madam Speaker, though proud to have dents, in the classroom and in training student model that will promote sustainable develop- such a fine example from the Tampa Bay teachers. Diana has also had a distinguished ment projects in Wheat Ridge. Specifically, the community, it is with great remorse that I rise career in connection with the California Asso- design features a porous pavement drainage to commemorate the life of PFC Cuzzupe. I ciation of Resource Specialists, serving as a system that significantly reduces the need for am in awe of the young men and women like board member, president, conference pre- on-site storm water detention facilities creating Paul Cuzzupe who choose to serve their senter and newsletter editor. She has served cost effective use of the land. countrymen in the armed forces. I appreciate as an advisory member to the California Com- I extend my congratulations to Dr. Thomas their professionalism and dedication. Their mission on Teacher Credentialing and served P. Campbell, on receiving the 2010 City of sacrifice, like that of PFC Cuzzupe will not be on advisory committees to the Humboldt Wheat Ridge Reinvestment Award and thank forgotten. County Office of Education. And, as a vig- him for his dedication and commitment to our orous advocate for public education, Diana community. f Berliner has also been active in the Associa- f tion of Retired Teachers. She continues to vol- HONORING THE CENTENNIAL OF A TRIBUTE TO IASHA A. RIVERS THE ST. LOUIS ZOO unteer in many capacities throughout our com- munity, including Ferndale Repertory, College of the Redwoods and North Coast Repertory HON. EDOLPHUS TOWNS HON. WM. LACY CLAY Theatre. OF NEW YORK Le´on Berliner arrived safely in the United IN THE HOUSE OF REPRESENTATIVES OF MISSOURI States after boarding a Liberty Ship at the age Wednesday, September 22, 2010 IN THE HOUSE OF REPRESENTATIVES of 13 in 1948. As a Holocaust survivor and na- tive of Antwerp, Belgium, Le´on’s harrowing Mr. TOWNS. Madam Speaker, I rise today Wednesday, September 22, 2010 story of survival inspires our deepest admira- in recognition of the accomplishments of Iasha tion. It is a story of perseverance and deter- A. Rivers. Mr. CLAY. Madam Speaker, I rise today to mination that led to a life-long commitment to Iasha Rivers is the Director of External Af- honor the 100th anniversary of the world-fa- help those less fortunate. Le´on became a cit- fairs and Corporate Communications for mous St. Louis Zoo, which I am proud to rep- izen and went on to receive his education, Macy’s Inc. She specializes in creating syn- resent. For a century, the St. Louis Zoo, a na- then served in the United States Army from ergy in and out of the company from a brand tional landmark located in St. Louis’ historic 1954 to 1956. Upon returning to civilian life, marketing and customer first perspective. She Forest Park, has entertained and educated he launched a long and distinguished career has developed significant relationships within millions of visitors from around the world. serving children and adults with disabilities. He our communities, diversity initiatives, special Since the St. Louis Zoo’s first days it has pi- worked in that capacity from New York to Cali- projects, and the coordination of a number of oneered the preservation and propagation of fornia, developing model programs and edu- charitable events on behalf of the company. endangered species. The St. Louis Zoo is a cating the community to the needs of people She is also charged with the strategic planning world leader in efforts to conserve animals with disabilities. After moving to Humboldt and execution of advertising compliance for and their habitats through animal manage- County in 1971, he became the founder and Macy’s stores. Iasha is closely involved with ment, research, recreation, educational pro- Executive Director of Redwoods United Work- working in partnership with city and state grams and environmental stewardship. shop, dedicated to providing training and work agencies, government officials and consumer The St. Louis Zoo has played an experience for the disabled. Following his re- boards to remain ahead of the curve on issues indispensible role in the development of envi- tirement, Le´on pursued his passion for clas- that affect the industry and customers. Ms. ronmental awareness for generations of Amer- sical music by opening Berliner’s Cornucopia, Rivers is responsible for developing policies ican children and its ongoing research con- sharing his knowledge and enthusiasm for life and procedures to streamline store-line oper- tinues to spur new ideas to help visitors un- by further educating and enriching the lives of ational functions, as well as advising store ex- derstand, appreciate and respect the diversity many on the North Coast. ecutives on internal and external matters. and fragile balance of life on earth. These extraordinary individuals have dem- Iasha has a background in the entertain- onstrated many times over their commitment ment industry. She worked for ASCAP (Amer- This year, over three million visitors will be and public spirit. They possess a keen interest ican Society of Composers and Publishers) enriched and inspired by a visit to the St. in community life and participate every day in and Double Xxposure where she developed Louis Zoo as it continues to entertain and edu- a meaningful and thoughtful manner by mak- her skills in communications in the field of cate animal lovers of all ages. ing our community a better place in which to public relations. Previously, she worked in Madam Speaker, I am honored to pay trib- live. healthcare as a Performance Improvement ute to the Centennial of the St. Louis Zoo, and Madam Speaker, it is appropriate at this Manager and Resident Coordinator for Bronx I urge my colleagues to join me in honoring time that we recognize Diana and Le´on Ber- Lebanon Hospital Center/Special Care Unit, this American cultural treasure. liner for their unwavering compassion and for one of the first units in the nation to have a

VerDate Mar 15 2010 06:24 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A22SE8.007 E22SEPT1 pwalker on DSK8KYBLC1PROD with REMARKS E1692 CONGRESSIONAL RECORD — Extensions of Remarks September 22, 2010 dedicated AIDS center for long-term care pa- because good corporate practices are often an and its companion literacy instruction re- tients. indicator of good management, financial suc- sources, is hugely successful in helping chil- It was through her work in healthcare that cess and long-term stability. In 2009, three out dren learn to read, especially those who are at Rivers began to develop a commitment to vol- of four large cap SRI mutual funds out- a high risk of literacy failure. The literacy se- unteerism. Her commitment has continued to performed the Standard & Poor’s (S&P) 500 ries has proven to have particularly strong re- grow over the last 15 years, and she has be- Index by an average of 6 percentage points, sults in phonics, vocabulary, and reading fre- come involved in organizing holiday events for according to data analyzed by the Social In- quency. foster children, raising funds through vestment Forum, a national association made Mr. Cerf is currently working on yet another AIDSwalk, the Susan G. Komen Race For the up of over 400 financial professionals and in- educational television series, Lomax, the Cure and working with children with cancer stitutions. A majority of these funds have also Hound of Music, which aims to develop chil- and their families at the Ronald McDonald outperformed the S&P 500 over three years dren’s musical awareness. House of NY. She has also coordinated mam- and over 10 years. In addition to working tirelessly on his edu- mography reminders for breast cancer aware- Federal employees deserve the opportunity cational series, Mr. Cerf is currently a member ness in all Macy’s stores in the New York City to invest in companies that embrace the same of the board of directors of Reading Is Funda- area in conjunction with the City Council integrity in their practices that government em- mental, First Book and the We Are Family Speaker’s Office of New York. ployees work to uphold. The Federal Employ- Foundation. He is also a governor of the New Iasha’s passion for children and education ees Responsible Investment Act would direct York Chapter of the Recording Academy. has led her to giving presentations for college the Federal Retirement Thrift Investment I am deeply appreciative for Mr. Cerf s life’s students on dressing for your success. She Board (FRTIB) to select a ‘‘Corporate Respon- work in education. On behalf of the 14th Dis- has also taught business seminars at the sibility Index’’ as an option for TSP invest- trict of New York, I am honored to thank Mr. Henry Street Settlement for displaced workers ment. The index would include companies that Cerf and to congratulate him on receiving the building the skills to get back in the workforce. meet strict financial criteria, in addition to hav- prestigious Harold W. McGraw, Jr. Prize in Ms. Rivers is currently the 2010 Chair of ing strong corporate governance, sustainable Education. May it help him with his future en- deavors in teaching children. I know we can SOCAP’s (Society of Consumer Affairs Profes- environmental policies and practices, solid expect to see more great achievements from sionals International) Conference Board. She workplace relations, positive community in- Mr. Christopher Cerf. has also been named the Chair for United volvement, safe products, and respect for Way’s 2011 Women United in Philanthropy— human rights around the world. Under this bill, f The Power of Women. With her combination the FRTIB would select an index that best EXPRESSING CONDOLENCES TO of leadership, communication skills and vol- meets Federal employees’ needs and dem- PAKISTANI PEOPLE AFTER unteerism, Iasha was recently honored with a onstrates returns comparable to the other in- FLOODS national award for the 40 Under Forty Dy- vestment options available under the TSP. namic Achievers in 2010. She has also been Making an investment in companies that are SPEECH OF recognized by the United Way with the pres- committed to corporate responsibility will have HON. JAMES P. McGOVERN tigious Rising Star Award in 2009. a positive impact on our financial system, as OF MASSACHUSETTS Rivers attended Hunter College for a B.S. in well as empower federal employees to reward IN THE HOUSE OF REPRESENTATIVES Economics and is currently pursuing a degree companies that share their values. I encour- Wednesday, September 15, 2010 in International Affairs at Columbia University. age my colleagues to support this measure. Iasha is a single mom of two children, An- f Mr. MCGOVERN. Madam Speaker, Pakistan drew and Brianna, and lives in Brooklyn, NY. is suffering from the worst floods in 80 years. Madam Speaker, I urge my colleagues to HONORING THE ACCOMPLISH- About 20 million people have been affected; join me in recognizing the achievements of MENTS OF MR. CHRISTOPHER 1.2 million homes damaged; infrastructure de- Iasha A. Rivers. CERF stroyed; and water-borne diseases, such as f cholera, are spreading. Significant resources HON. CAROLYN B. MALONEY from abroad are needed to alleviate the suf- FEDERAL EMPLOYEES OF NEW YORK fering and long-term consequences. RESPONSIBLE INVESTMENT ACT IN THE HOUSE OF REPRESENTATIVES The U.S. government has responded quickly and effectively. But we also need to address HON. JAMES R. LANGEVIN Wednesday, September 22, 2010 the long-term recovery. We need to help the OF RHODE ISLAND Mrs. MALONEY. Madam Speaker, I rise Pakistani people get back on their feet, even IN THE HOUSE OF REPRESENTATIVES today to recognize Mr. Christopher Cerf upon as the waters subside. receiving the 2010 Harold W. McGraw, Jr. I commend the thousands of American indi- Wednesday, September 22, 2010 Prize in Education. Mr. Cerf has dedicated his viduals, NGOs and private companies that Mr. LANGEVIN. Madam Speaker, today I life to making educational resources more ac- have responded with contributions. I call on am reintroducing the Federal Employees Re- cessible to all children, and enriching chil- them to continue to make or expand their do- sponsible Investment Act, which would add a dren’s educational experiences. nations. Coca-Cola, Procter & Gamble, Mon- socially responsible investment option to the Mr. Cerf began his career after graduating santo, GlaxoSmithKline Pakistan, Western Thrift Savings Plan. from Harvard University, when he spent eight Union, Americares and the Bill & Melinda The reckless actions of financial institutions years as a senior editor at Random House, Gates Foundation are just some of the large and corporations that contributed to our na- working with such diverse authors as George donors that have stepped up to the plate. Do- tion’s recession have provided countless illus- Plimpton, Andy Warhol, Abbie Hoffman, Ray nations can be made via the State Depart- trations of the need to place a greater empha- Bradbury, and Dr. Seuss. Mr. Cerf then took ment’s secure web page at www.state.gov/ sis on good corporate governance, as well as his talents to the acclaimed children’s show pakistanrelief/index.htm. Donation forms can social and environmental practices that con- Sesame Street where he has been a regular be downloaded at http://www.state.gov/docu- tribute to safety and sustainability. We must contributor of music and lyrics since the ments/organization/146290.pdf. Americans can create an environment in which businesses show’s first season. He won two Grammy and also donate $10 by texting ‘‘FLOOD’’ to 27722 take care of—and are held accountable to— three Emmy awards for his work with Sesame (Standard text messaging and data usage their shareholders, employees and customers. Street. For over forty years, Mr. Cerf has cre- rates apply). Companies should be encouraged to imple- atively been educating children using music f ment sustainable environmental policies and and lyrics as educational tools. A TRIBUTE TO MARTIN JOSEPH practices, promote solid workplace relations In 2000, Mr. Cerf and his company Sirius and produce safe products. Thinking Ltd., started a new highly acclaimed While Federal employees currently have children’s educational daily television program, HON. EDOLPHUS TOWNS OF NEW YORK several investment options for their Thrift Sav- Between the Lions. Mr. Cerf’s literacy series IN THE HOUSE OF REPRESENTATIVES ings Plan (TSP) contributions, they are unable Between the Lions has appeared on PBS for to choose one of the fastest-growing cat- nine seasons, and received two Television Wednesday, September 22, 2010 egories of investment—socially responsible in- Critics’ Award for Outstanding Children’s TV Mr. TOWNS. Madam Speaker, I rise today vestment. Investors are increasingly turning to Program and 10 Emmy Awards. Academic in recognition of Martin Joseph for his con- socially responsible investment (SRI) options studies have shown that Between the Lions, tributions to health care management.

VerDate Mar 15 2010 06:24 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\K22SE8.006 E22SEPT1 pwalker on DSK8KYBLC1PROD with REMARKS September 22, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1693 Martin Joseph is the President of Health Vi- everyone in our school: the children, the par- to call many of my counterparts in the Legisla- sion Partners LLC. He has a successful health ents, members of the community. I don’t know tive Yuan my friends. As they celebrate their care management and consulting practice and how she does it, but she manages to find time 99th National Day on October 10, 2010, my also manages a real estate portfolio of com- to spend with every student who seeks her friends and the Taiwanese people have my mercial properties. out.’’ warmest wishes. Martin Joseph is a global visionary leader Big Mama’s commitment to service, how- f with more than 20 years in investment banking ever, is not limited to Ft. Lauderdale Schools. and the financial services arena. He worked After Hurricane Wilma devastated Florida in HONORING PETE KENNEMER’S for Citigroup as Vice President of Global Mar- 2005, leaving residents without power and SERVICE AND LEADERSHIP keting, Merrill Lynch, Prudential U.S. and Pru- food, Big Mama made sure everybody had dential U.K. something to eat. And I mean everybody. HON. JOHN BOOZMAN Over the years, Mr. Joseph’s investment Working together with local leaders, Big Mama OF ARKANSAS banking and wealth management background was able to secure enough donations to per- IN THE HOUSE OF REPRESENTATIVES has enabled him to restructure and increase sonally cook for 1,000 low-income residents in Wednesday, September 22, 2010 revenue for health care practices, hospitals, a week. All of this from a woman who recently Mr. BOOZMAN. Madam Speaker, I rise and private doctors’ practices in the metropoli- faced her second bout with homelessness be- today to recognize the exceptional career and tan area. cause her house—what people in Ft. Lauder- legacy of B.R. ‘‘Pete’’ Kennemer. Mr. Joseph enjoys reading in his spare time. dale refer to as a sanctuary—did not meet Kennemer served as CEO and president of He is active in local charities, politics and is a local code with its leaky roof covered, in some the Western Arkansas Counseling and Guid- Gallon Club blood donor. parts, with a plastic tarp. ance Center for more than 37 years. Under Madam Speaker, I urge my colleagues to Big Mama also founded the Team of Life, a his leadership which began at the infancy of join me in recognizing the achievements of Ft. Lauderdale nonprofit, to allow her personal Community Behavioral Health Centers, he Martin Joseph. outreach efforts to reach even more people in opened the old Sparks Nursing School with f her community. The organization regularly or- the help of a Federal Staffing Grant. Since ganizes charitable drives during the holiday that time the center has expanded to include HONORING MS. ESSIE ‘‘BIG MAMA’’ and back-to-school seasons with great suc- REED AS A TRUE AMERICAN HERO clinics in Fort Smith, Van Buren, Ozark, Paris, cess. In addition to an annual turkey drive that Boonville, Waldron and Mena along with a collects turkeys for needy families—20,000 in number of programs and facilities in Western HON. ALCEE L. HASTINGS 2009 alone—so that they may enjoy the Arkansas. OF FLORIDA Thanksgiving holiday, Big Mama organizes an Pete served twice as a member of the Men- IN THE HOUSE OF REPRESENTATIVES annual health drive to immunize local children tal Health Council (MHCA) of Arkansas where Wednesday, September 22, 2010 whose families otherwise could not afford such he was dedicated to improving mental health vital care. Mr. HASTINGS of Florida. Madam Speaker, treatment not only in western Arkansas but Through it all, Big Mama has never asked throughout the state. Additionally he served as I rise today to recognize Ms. Essie ‘‘Big for recognition. All she wants is for Ft. Lauder- Mama’’ Reed for her outstanding contributions a member of The National Council for Com- dale children to experience the reality of a bet- munity Behavioral Healthcare (NCCBH) and to the Ft. Lauderdale community. Big Mama ter tomorrow. Because of such uncommon stands apart as an exemplary citizen and liv- made frequent trips to Washington for the grace, compassion, and generosity, I stand Council National Hill day in order to advocate ing testimony to compassion and generosity. before you, Madam Speaker, to recognize Ms. Big Mama’s impact on Ft. Lauderdale began for people with mental illness and addictive Essie ‘‘Big Mama’’ Reed as a true American disorders. in 1988. When her youngest son was just a hero. month old, Big Mama’s husband abandoned I am honored to recognize Pete who leaves f the family, leaving them homeless. For the an important legacy that has helped countless next three years, Big Mama and her three HONORING THE 99TH NATIONAL Arkansans and has greatly improved their sons slept on the concrete floor of the fish DAY OF THE REPUBLIC OF quality of life through his tireless dedication to market she owned. Despite being destitute CHINA (TAIWAN) improved mental health care. Pete was be- and unable to provide her sons with such loved by his staff. His leadership and dedica- basic things as school supplies, Big Mama tion will be thoroughly missed. We wish him HON. F. JAMES SENSENBRENNER, JR. the best of luck in his future endeavors. and her boys regularly prayed after school at OF WISCONSIN f the Royal Assembly Church. IN THE HOUSE OF REPRESENTATIVES It is her triumph over personal adversity that A TRIBUTE TO DR. DIVINE PRYOR inspired Big Mama to begin a crusade of per- Wednesday, September 22, 2010 sonal outreach. Realizing how fortunate she Mr. SENSENBRENNER. Madam Speaker, I HON. EDOLPHUS TOWNS was to have caring neighbors who provided rise today to celebrate a special day in history. OF NEW YORK her and her sons with basic needs, Big Mama Many people around the world recognize that IN THE HOUSE OF REPRESENTATIVES decided to give back by helping at-risk youth October 10, 2010 will be remembered as 10/ avoid the common street predators of drugs, 10/10. In the Republic of China (Taiwan), how- Wednesday, September 22, 2010 gangs, and prostitution. ever, 23 million people in Taiwan will be cele- Mr. TOWNS. Madam Speaker, I rise today In the early 1990s, Big Mama solidified a brating National Day. They remember October in recognition of the achievements and con- values-based approach that, when coupled 10, 1911 as the birth of their country, and this tributions of Dr. Divine Pryor. with her uncommon bravery in the face of long year Taiwan will be celebrating the 99th anni- Dr. Pryor is the Co-Founder and Executive odds, has helped keep over 1,300 area youth versary of the Republic of China’s National Director of the Center for Nu Leadership on on a promising path. Day. Urban Solutions, the world’s first and only aca- Big Mama’s contribution has been particu- Taiwan has developed into a strong democ- demic center and problem solving public policy larly meaningful to the Ft. Lauderdale School racy that continues to promote the freedom of think tank created, developed, and adminis- System. With scores of students who come its people. The ingenuity and hard work of the tered by formerly incarcerated professionals, from disadvantaged backgrounds, Big Mama Taiwanese helps to establish Taiwan as a representing every discipline from law to medi- provides personal afterschool care and guid- leader on the yearly Index of Economic Free- cine. One of the many goals of the Center, lo- ance for students who might not get the atten- dom. They serve as a model for those across cated at the City University of New York’s his- tion they need at home. Big Mama also holds the world who aspire for the freedom and indi- toric Medgar Evers College, is to offer an al- popular ‘‘shut-ins’’ four times a year at her vidualism that Taiwan protects for its citizens. ternative voice in the analysis of criminal and church, where local school children are ex- As a leader of free people, I commend the social justice issues by including the combined posed to a ‘‘selfless passion for excellence in Taiwanese government for serving as a bea- lived and academic experiences and expertise education and social advancement’’ through con of light to people around the world. of people who have had firsthand knowledge self-reliance. All this prompted Rhoda The United States and Taiwan have a long of the social, judicial, and economic systems Gawlowski, assistant principal at New River history of mutual trade, leadership and friend- that scar so many communities. Middle School, to say of Big Mama: ‘‘I have ship. I am proud that Taiwan remains a close Before ever attending a formal institution, never, ever met a person like her. She helps friend of the United States. I am also pleased Dr. Pryor acquired his very first degree from

VerDate Mar 15 2010 06:24 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\K22SE8.007 E22SEPT1 pwalker on DSK8KYBLC1PROD with REMARKS E1694 CONGRESSIONAL RECORD — Extensions of Remarks September 22, 2010 the ‘‘school of hard knocks’’ with a Ph.D. from DAWN AND THE FIGHT AGAINST trict, died July 21 off the east coast of Florida. UCLA. That is the ‘‘University on the Corner of DOMESTIC ABUSE He was 52 years old. Wes died doing what he Lenox Avenue in New York City.’’ While incar- loved most; exploring the ocean and providing cerated, he would rediscover his love for HON. DAVID G. REICHERT vivid pictures of unusual places. At the time of learning and resume his educational journey. OF WASHINGTON his death he was filming a project on the be- After his release in 1991 he successfully com- IN THE HOUSE OF REPRESENTATIVES havior of high-speed fish near the Boynton pleted his undergraduate and graduate studies Beach Inlet. Wednesday, September 22, 2010 Wes’s love of the ocean was a constant at the State Universities of New York in Al- Mr. REICHERT. Madam Speaker, I rise throughout his life. As a child growing up in bany and New Paltz, ultimately acquiring his today in recognition of an organization Jacksonville, Wes would often skip school to Ph.D. in Criminal Justice with a major in foren- headquartered in Tukwila, Washington, cele- go surfing and became a certified scuba diver sic psychology. brating its 30th year of being a place of hope at age 13. He began taking photographs of his Dr. Pryor is a social scientist who has ex- for victims of domestic abuse in King County underwater explorations off the north Florida tensive knowledge and experience in the and speaking loudly, boldly, and clearly on coast to share with friends and family. He was health and social service fields, having spent their behalf. hooked and soon his hobby became his pro- over half his career administrating HIV/AIDS, The Domestic Abuse Women’s Network fession. He became a hands-on expert on un- domestic violence, substance abuse and other (DAWN) in Tukwila is much more than a shel- derwater caves and was known as Florida’s social service non-profits. He has traveled ex- ter for victims of domestic violence: it is an in- Jacques Cousteau. valuable resource of specialized information, Wes spent 27 years as a photojournalist tensively providing expertise counsel on crimi- domestic abuse awareness, and anti-abuse and was among the first people to set foot on nal justice issues to judges, prosecutors and training modules. The professionals at DAWN the largest iceberg in Antarctica. He loved ad- others for the purpose of influencing policy de- provide victims of domestic abuse in King venture. According to a media report, one cisions. In addition, he has developed County with the education, care, and support time, off the coast of South Africa, a shark trainings and workshops for professionals that they need to take their individual lives back. jammed itself into Wes’s protective cage. Wes address issues such as anti-gang initiatives, According to DAWN, 78 percent of its clients beat the creature back with his heavy, water- poverty, literacy, unemployment, housing and are poor or very poor; and 77 percent have proof camera, taking pictures throughout the healthcare. He is a highly sought after tech- children. At a time when our Nation is strug- episode, and had close-up photos of the great nical assistance provider who has helped gling mightily against wave after wave of poor white’s jagged teeth as a token of his survival. countless organizations build infrastructure economic news, DAWN provides a ray of Wes founded Karst Productions, a photog- and capacity. He continues to offer his insights hope to those who need it most. raphy and cinematography company that in a number of arenas as a consultant to help DAWN values results; the organization is filmed, produced and directed dozens of pro- agencies build capacity and create new inno- constantly reevaluating itself to meet the grams for television, including segments for vations in the field of social and criminal jus- needs of its clientele. DAWN values service; PBS, Imax and the Discovery Channel. its programs and exceptional staff work tire- Wes Skiles lived a passionate life full of ad- tice reform. lessly to serve. Finally, DAWN values its re- venture and excitement. Although he was In 2001 he was appointed by the Council of sources; much like individuals and families taken from us too soon, his work will carry on State Governors to the National Reentry Pol- across our country, DAWN is adept at stretch- for many years to come. Our thoughts go out icy Council, where he and over 100 national ing dollars and helping those in need. to his wife of 29 years, Terri, and their two experts produced the most voluminous work in Domestic abuse is an unspeakably horren- children, Nathan and Tessa. re-entry in the nation. He is currently a mem- dous scourge, Madam Speaker. It ruins fami- f ber of the Board of Directors of the National lies and communities, churches and schools, HONORING TADAHISA KURODA Legal AID & Defender Assocation and the Na- and has no economic measure. More and tional Council of Previously Incarcerated Pro- more, Madam Speaker, resources, programs, fessionals, both based in Washington, DC. He and dollars must be available to help fight HON. JOHN SULLIVAN is also Co-Chairman of the Board of Directors against domestic abuse. DAWN is an organi- OF OKLAHOMA zation doing its absolute best to provide nor- for the Community Justice Center of New York IN THE HOUSE OF REPRESENTATIVES malcy in the face of travesty, and I thank and Chair of the Advisory Board for the Devel- Wednesday, September 22, 2010 every individual associated with the organiza- oping Justice Project in Brooklyn, New York. tion for working tirelessly on behalf of victims Mr. SULLIVAN. Madam Speaker, I rise Dr. Pryor is also Co-Chair of the Criminal Jus- of abuse. today to honor the life and achievements of tice Policy Cluster for the Black Brooklyn Em- Specifically, Madam Speaker, I want to Tadahisa Kuroda of Potomac Falls, Virginia, powerment Coalition. Most recently, Dr. Pryor thank Dawn’s Executive Director Cheryl who passed away in August at the age of 69. was appointed by the Majority Leader of the Bozarth, President Debra Fiest, the Board of Tad was born September 10, 1940, in New New York State Senate to co-chair the New Directors and the staff and volunteers carrying York City to the Honorable Otoshiro and Mei York State Anti-Gang Violence Reduction out a vision and providing services that have Kuroda. He spent his childhood in New York Commission. In addition to his leadership saved countless lives over the past 30 years. City and Philadelphia, Pennsylvania. He grad- roles, he is also an active member of a num- I urge every Member of this House, Madam uated from Yale University in New Haven, ber of local, regional, and national legislative, Speaker, to support in thought, word, and Connecticut and later received his master’s social and political advocacy groups whose deed any organization fighting against domes- degree and doctorate from Columbia Univer- sity in New York. focus is to effect positive change. tic abuse. It effects us all, and we all must work together to eliminate it. Tad taught at Skidmore College in Saratoga Dr. Pryor is an eloquent public speaker, lec- Springs, New York for 36 years and held im- f turer, trainer, and overall educational spe- portant positions of leadership at the College, cialist, whose delivery is insightfully powerful, IN MEMORY OF WES SKILES including History Department Chair and Asso- informative, and extremely impacted by the ciate Dean of Faculty. A specialist in early depth of research and analysis he has been HON. CLIFF STEARNS American history, Tad received the Ralph engaged in over the years. More recently, he OF FLORIDA Ciancio Award for Teaching Excellence prior has been traveling outside the United States IN THE HOUSE OF REPRESENTATIVES to his retirement in 2005. As we celebrate Constitution week, September 17th through promoting innovative thinking, alternative lead- Wednesday, September 22, 2010 ership concepts and the emergence of this Nu 23rd, it should be noted that Tad was an ex- and provocative approach to problem solving. Mr. STEARNS. Madam Speaker, I rise pert on the United States electoral college Throughout his life, Dr. Pryor has remained a today to honor the remarkable life of Wes having written, ‘‘The Origins of the Twelfth Skiles. Wes was a world-renowned photo- Amendment: The Electoral College in the dedicated student and is honored to be here journalist and underwater photographer. His Early Republic, 1787–1804’’, published in with us today. work appeared in numerous publications, most 1994. Madam Speaker, I urge my colleagues to notably, National Geographic. During retirement Tad was active with the join me in recognizing the achievements of Dr. Wes, who was a resident of a resident of American Institute for History Education. He Divine Pryor. High Springs, Florida in my congressional dis- visited schools across the country helping

VerDate Mar 15 2010 06:24 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\K22SE8.008 E22SEPT1 pwalker on DSK8KYBLC1PROD with REMARKS September 22, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1695 them develop their history education pro- Dr. Arshed’s medical training included Resi- taught students that it is okay to fail as long grams. Tad also remained passionate about dency in Internal Medicine and a Fellowship in as you keep trying to get it right. His teaching baseball and the Philadelphia Phillies. Pulmonary Diseases, both at Metropolitan methods gave students the opportunity to ex- He will be missed by his wife, Akiko, his Hospital, part of New York Medical College. pand their minds and grow to become active family and a host of friends, colleagues, and He was also a 2009 Fellow with the American and innovative members of society. students. He was a remarkable teacher and a Academy of Anti-Aging. Brother Gilman’s 17 distinguished years at true gentleman. He holds memberships and certifications Holy Cross College have transformed the Madam Speaker, I commend Tad Kuroda with the Medical Society of the County of school into the vibrant institution that it is for his commitment to teaching, scholarship Queens, the National Lipid Association, the today. His service to Holy Cross College will and service, and I ask the U.S. House of Rep- American Society of Hypertension, the Amer- undoubtedly be felt by students, faculty and resentatives to join me in remembering this ican Association of Sensory Medicine, the staff for many years to come. outstanding American, Tad Kuroda. American Academy of Anti-Aging Medicine, It is my honor to thank Brother Gilman for f and the American Academy of Aesthetic Medi- a lifetime of selfless hard work and countless cine. Additionally, he has board certifications contributions to the communities he has HONORING EUNICE ELEMENTARY from the American Board of Anti-Aging Medi- served. SCHOOL cine and the American Board of Quality Assur- f ance and Utilization. HON. CHARLES W. BOUSTANY, JR. Madam Speaker, I urge my colleagues to HONORING JEREMY JACOBSEN OF LOUISIANA join me in recognizing the achievements of Dr. IN THE HOUSE OF REPRESENTATIVES Khaleeq Arshed. HON. TOM LATHAM Wednesday, September 22, 2010 f OF IOWA IN THE HOUSE OF REPRESENTATIVES Mr. BOUSTANY. Madam Speaker, I rise BROTHER RICHARD GILMAN CSC today to honor Eunice Elementary School in Wednesday, September 22, 2010 St. Landry Parish, Louisiana, for being recog- HON. JOE DONNELLY Mr. LATHAM. Madam Speaker, I rise to rec- nized by the United States Department of OF INDIANA ognize Jeremy Jacobsen, a U.S. Marine vet- Education as a 2010 National Blue Ribbon IN THE HOUSE OF REPRESENTATIVES eran from Boone, Iowa, and to express my ap- School. Wednesday, September 22, 2010 preciation for his dedication and commitment Eunice Elementary is one of the 304 to his country. schools honored this year for great academic Mr. DONNELLY of Indiana. Madam Speak- The Boone News Republican is currently achievement and far-reaching improvement. er, I rise today to honor Brother Richard Gil- running a series of articles that honors one Nominations and applications were sent by man, CSC of Notre Dame, Indiana for his 17 Boone County veteran every Tuesday from numerous public and private elementary, mid- years of service and dedication to Holy Cross Memorial Day to Veterans Day. Jeremy Ja- dle, and high schools. More than 6,000 College. Brother Gilman graduated summa cobsen was recognized on Tuesday, Sep- schools have been honored since 1982, when cum laude as well as valedictorian from St. tember 21. Below is the article in its entirety. the Blue Ribbon Program began. Edward’s University in Austin, Texas. He con- I commend Jeremy Jacobsen for his many Eunice Elementary educates students from tinued his education at the Harvard Graduate years of loyalty and service to our great na- pre-kindergarten through fourth grade. The School of Education through a Science Foun- tion. It is an immense honor to represent him school’s accelerated reading program also ex- dation fellowship and later became a member in the United States Congress, and I wish him celled at the national level this year. LEAP of the Woodrow Wilson Institute at Princeton all the best in his future endeavors. scores from spring 2010 were proficient with University. He has also studied at St. Louis mathematics being the most improved. University, the University of Akron, George- [From the Boone News Republican, Sept. 21, 2010] The hard work of the students and dedica- town University, and the University of Dayton, tion of the faculty and staff prove the school where he received his doctorate in higher edu- SERVICE deserving of this honor. The entire St. Landry cational administration. After many years of (By Greg Eckstrom) Parish community, which has contributed to teaching mathematics and physics at St. The term is used frequently, most often Eunice Elementary’s success, should be very John’s School in Sekondi, Ghana, Brother Gil- when referring to what our soldiers are doing proud. Commending this Louisiana school for man became the principal of Archbishop overseas—they’re serving. While used fre- Hoban High School in Akron, Ohio, where he quently, however, many often don’t devote a its wonderful achievement is both an honor great deal of thought to why the word is and a pleasure. later served as president. used. It’s used to describe our soldiers, with- Again, congratulations to Eunice Elementary For the past 17 years Brother Gilman has out thought of the significance of the word. School, a 2010 National Blue Ribbon School. acted as President of Holy Cross College, Boone resident and Marine Corps veteran f Notre Dame, where he has been an architect Jeremy Jacobsen, however, embodies this for progress. He was influential in Holy Cross term. He didn’t join the military for an en- A TRIBUTE TO DR. KHALEEQ College’s transformation from a two-year com- rollment bonus, for college money or because ARSHED munity college into a thriving Catholic Liberal of family tradition—in fact, his grandfather Arts college. During his tenure at Holy Cross was his only direct relative at the time that had joined the service. For Jacobsen, it was HON. EDOLPHUS TOWNS College, Brother Gilman oversaw the construc- something he wanted to do . . . he wanted to OF NEW YORK tion of the Millennium Arch, Hardesty Plaza, make a difference. He wanted to serve. IN THE HOUSE OF REPRESENTATIVES two new residence halls, and the Pfeil Recre- ‘‘It was one of those things I always knew ation and Student Centers. I wanted to do,’’ he said. ‘‘It had nothing to Wednesday, September 22, 2010 Apart from implementing new structures on do with family. I just . . . I just knew. I al- Mr. TOWNS. Madam Speaker, I rise today the Holy Cross Campus, Brother Gilman ways knew I was going to be in the military, in recognition of Dr. Khaleeq Arshed for his helped create internal programs such as the probably since I was about 12 years old. I contributions to the medical field. Campus Ministry office as well as the Inter- knew that was what I was going to do.’’ This decision did not come easily, however, Dr. Arshed was born in Pakistan, and at- national Exchange program. The International for the Atkins, Iowa kid as he fought tooth tended Nishtar Medical College before coming Exchange program broadens students’ cultural and nail to enlist early at age 17. His parents to the United States. He has been practicing perspectives by encouraging them to travel to and relatives all urged him not to do it, but Internal Medicine in Queens County for the countries served by the Congregation of Holy they could see his determination, and finally past thirty years. Today, his practice is among Cross, such as Ghana, Peru, Mexico and his mother signed off on it, allowing him to the leading solo practices in the Jackson India. enlist. Heights area. Brother Gilman leaves behind a powerful ‘‘Me and my best friend in high school, we Dr. Arshed has served as an Attending Phy- legacy. He influenced the students at Holy were pretty politically active in high school, and with that came a deep desire to do some- sician at the Parkway Hospital, the New York Cross College by helping them find the cour- thing for our country,’’ he said. ‘‘We both Hospital of Queens, and South Nassau Com- age and determination to achieve success. loved our country. He would have enlisted munity Hospital. He has also served as the The programs he created allow students not with me, but he had a heart murmur. So he Medical Director of Osteoporosis Centers of only to explore the world, but to explore what couldn’t. So I just kind of did it for the both New York and Healing Touch Medispa. they themselves can do. Brother Gilman of us.’’

VerDate Mar 15 2010 06:24 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A22SE8.020 E22SEPT1 pwalker on DSK8KYBLC1PROD with REMARKS E1696 CONGRESSIONAL RECORD — Extensions of Remarks September 22, 2010 Jacobsen graduated high school in 2001, straight, sleep for 20 hours, eat a meal and have done this much more in my time in the and the next day he went to boot camp. He start the routine all over again. For this rea- service,’ ’’ Jacobsen said. ‘‘Because it does graduated from boot camp on Aug. 24, 2001— son, a normal ‘‘day’’ for Jacobsen was in re- end. I look back, and it’s fond memories and less than a month before the Sept. 11, 2001 ality 48 hours. While this made time fly by, you miss it, and you just wish you would terrorist attack. it also set him up for a jarring adjustment have tried your hardest in everything you ‘‘Pretty much my Marine Corps career was when he returned to the United States. He did.’’ the start of Sept. 11,’’ he said. ‘‘It was kind spent the remainder of his enlistment in the That, better than Webster’s could define it, of a shock.’’ U.S. with a Des Moines infantry unit, ending is the definition of ‘‘service’’ as it applies to Many of the recruiters had told soldiers his military service career as an E–5 . . . a the military. And that is how it should be that were signing up that they would likely sergeant. seen. never see war. Jacobsen was in the field, Now living in Boone with his wife and f training with other soldiers, when the at- three kids, looking back at his military ca- tacks happened, and with no outside commu- reer, Jacobsen misses many aspects of it. IN HONOR OF JANICE MARVEL nication available to them, they heard only ‘‘The camaraderie that you have with that through their superiors. The news was hardly group of Marines is probably the number one believable. thing that I still miss to this day,’’ he said. HON. MICHAEL N. CASTLE ‘‘Our sergeants told us what had happened, ‘‘You have that group of guys . . . we’ve been OF DELAWARE and we thought they were lying,’’ he said. together already that four years I’ve been at IN THE HOUSE OF REPRESENTATIVES ‘‘We thought it was just a way to make us the unit, we go through all this training to- take our training more seriously. And then gether, we spend every single day together Wednesday, September 22, 2010 they caught on to that, so they let us listen and we know we’ve got each other’s backs. Mr. CASTLE. Madam Speaker, it is with to President Bush’s address to the nation, You know you can count on that other guy and that’s when we were pretty much all in if something happens. And there’s something great pleasure that I pay tribute today to Jan- shock. It was just silence. From there, I about that that connects you.’’ ice Marvel, the incoming President of the La- think we became more serious at that point, Being back in the United States has been dies Auxiliary of the Delaware Volunteer Fire- because we realized . . . since we were newly difficult for Jacobsen, as it is for many vet- men’s Association (LADVFA). enlisted, at some point in time, every single erans. The feeling of having served overseas President Marvel has been a life-long mem- one of us was going to see war.’’ is nearly impossible to describe, he said. It ber of the Roxana Fire Company Auxiliary. Jacobsen became a field radio operator, wasn’t until he joined the local VFW that he joined the Waterloo Unit—Charlie Battery found he wasn’t alone. Like many other members of the Auxiliary and 114. He spent four years with the unit until ‘‘It’s weird . . . you never quite feel like Fire Departments, President Marvel’s involve- being activated on June 12, 2005—a date that you belong here anymore,’’ he said. ‘‘You ment in the volunteer fire service has been a was memorable, because it was his daugh- gain a different perspective, and nobody family affair—with history both in Maryland ter’s first birthday. around you shares that perspective. It’s dif- and Delaware. It has been said that being part After training in California, Jacobsen went ferent. Unless you’ve been there, you never of the fire service is like being part of a family, to Iraq in September of 2005. He was an Oper- quite understand it. I just joined the VFW. and in Janice Marvel’s case, this rings particu- ations Non-commissioned officer, with his Went to my first meeting . . . and that was job being to process Iraqi prisoners that were the first time I talked with people who un- larly true. brought in. They worked with officials in the derstood that.’’ Prior to being elected to this new post, country to begin collecting information on When asked what advice he might give a President Marvel served as President of the prisoners—fingerprints, names and evidence young man or woman looking to enlist, Ja- Auxiliary at Roxana having joined the Depart- involved. cobsen said the advice he would give them ment in 1978. She and her husband Todd, Being in a position where he would have would make him a bad recruiter, but it’s one who is the President of Roxana have dedi- initial contact with the prisoners, many that he considers necessary. It’s based thought Jacobsen had the power to decide around a simple question: why are you en- cated their lives to their community and the what happened. In their experience, they listing? volunteer fire service. I believe her worthy of thought that Jacobsen would be the one pon- ‘‘I want to know if they’re enlisting for the honor of holding the presidential office. dering their fate—a jarring experience for college purposes, or for national pride pur- The LADVFA serves such an important the Marine. poses. I’m a firm believer it’s got to be this function in our community, and to be as effec- ‘‘They thought that was it or I had the one . . . it can’t be the college purpose,’’ he tive as possible, they must have dedicated power to decide their fate, and they’d fall to said. ‘‘If it’s ‘I’m getting this benefit along and organized leaders. I have every con- the ground crying,’’ he said. ‘‘Pleading for with something I want to do just because I their life or trying to kiss me. I had a lot of have pride in my country and I want to serve fidence that President Marvel will provide the empathy for them.’’ my country,’ that’s the perfect reason to en- LADVFA the leadership it requires and is Working through an interpreter, Jacobsen list and I would tell them you’d do good at known for. I wish her the very best in her new helped process the prisoners—many of whom it.’’ role. were ‘‘good guys,’’ just in the wrong place at As for the Marines Corps, Jacobsen said f the wrong time, and were immediately re- anybody can do it, despite your size or stat- leased after processing. The prisoners, he ure, as long as they have that pride and pas- NINETY YEARS YOUNG said, were grateful to have the soldiers there. sion. ‘‘In the Iraqi government, they didn’t feel ‘‘It doesn’t matter if you’re a small guy or like they had any future,’’ Jacobsen said. an overweight guy. They’re going to fix HON. TED POE ‘‘They could be killed at any time. If they you,’’ he said. ‘‘They’re going to fix that in OF TEXAS were arrested, they were either imprisoned boot camp and they’re going to teach you IN THE HOUSE OF REPRESENTATIVES for the rest of their life or killed. There was how to exercise or teach you how to eat no system of justice. And so, they were properly. They’re going to give you those Wednesday, September 22, 2010 happy we were there.’’ tools that you didn’t have. The thing about Mr. POE of Texas. Madam Speaker, I rise Being in a position where the prisoners the military is they’re the best run organiza- even had a thought that he might take their tion on the planet. They’re the oldest. The to commemorate and celebrate the tremen- lives shook Jacobsen to his core. military has been around since the dawn of dous accomplishments of a fellow Texan, Ed ‘‘I found myself early on brought to tears time, and so they’ve got a lot of history to Lindsay. Ed Lindsay is a native Houstonian for them several times,’’ he said. ‘‘Take ev- go off of. Our country was founded by a war. that will celebrate his 91st birthday next No- erything out of the equation. Take out way Our first organization, our first business, was vember. He served in World War II and Korea, back when they said they had weapons of the military. Everything they do is for a rea- and has practiced law for more than 50 years. mass destruction, take out the reason of son. Everything’s training in the Marines He is the epitome of what I like to call a war- maybe there’s a national interest in the fu- Corps . . . I know it’s the same way with rior lawyer. ture because they have oil, take out all the every branch.’’ political stuff. Just for humanitarian rea- Looking back on his career, the camara- In looking at Mr. Lindsay’s past one can un- sons. Just so they can be treated like people derie he built with his friends, the insight he derstand the work ethic and ambition that he . . . that was enough for me. And for every gained in speaking with Iraqis, and the work embodies. As a boy growing up in Houston, at Marine in my unit there with me, that was he did overseas, Jacobsen said if he could go the age of five, he pushed his lawn mower enough. We felt like, everything aside, all back and do it all over again, very little down Pecore Street to North Hollywood Cem- the other political stuff aside, what we were would change. In fact, the only thing he etery, where he mowed cemetery lots for doing and what we were seeing was good. We would do differently, he said, is push himself neighbors. felt like we were doing good, and they felt more, give just a little bit more, work just a like we were doing good, so that justified little bit harder, and make just a little bit Mr. Lindsay attended Texas A&M after high us.’’ more of a difference. school. He worked his way through college by Jacobsen worked a shift that helped his ‘‘I worked as hard as I could over there, sweeping out a veterinarian amphitheater dur- time in Iraq fly by. He would work 24 hours but you always look back and think, ‘I could ing his time there.

VerDate Mar 15 2010 06:24 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\K22SE8.011 E22SEPT1 pwalker on DSK8KYBLC1PROD with REMARKS September 22, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1697 Half a year after the tragic attack on Pearl celebration. As residents of Texas, we are achievement in collaboration with the San Harbor, Ed Lindsay reported for military duty proud to call Ed Lindsay a Texan. As citizens Lorenzo Unified School District. Programs for on May 29, 1942. It was around this time that of America, we are proud to call him an Amer- seniors such as Older Driver Safety and Sen- American victories at Midway and the Coral ican. iors Making Daily Activities Easier provide es- Sea marked a positive turning point in the War f sential safety, health and financial information. in the Pacific. He followed orders as he was The unincorporated areas of Cherryland and moved all around the country for training, and HONORING BYRON HIGH SCHOOL Ashland also benefit from the San Lorenzo completed Ranger training at Fort Benning, Branch Library. 239,176 items are checked Georgia. On Christmas Day in 1943, while HON. TIMOTHY J. WALZ out of the library annually. Over the last fiscal most Americans were at home with friends OF MINNESOTA year, 180,420 individuals visited the San and family, Mr. Lindsay landed in Scotland IN THE HOUSE OF REPRESENTATIVES Leandro Branch Library. with about 11,000 other troops ready for ac- Wednesday, September 22, 2010 Over 1.5 million people in Alameda County tion. have library cards and the residents of San Mr. Lindsay and his unit trained exception- Mr. WALZ. Madam Speaker, I rise today to Lorenzo, Ashland and Cherryland have 68,459 ally hard for several months prior to D-Day. recognize the accomplishments of Byron High library cards. The San Lorenzo Branch Library Then at 7:00 a.m. on that historic morning of School in Byron, Minnesota. is a valued treasure. Last week, Byron High School was one of June 6, 1944, he and his men landed on Nor- I join the community in applauding the Li- two schools in the First District of Minnesota mandy Beach to carry out Operation Overlord. brary for its 100 years of exemplary service. to be recognized as a 2010 National Blue Rib- He was given a top secret clearance, meaning The Library and its personnel have enriched bon School. This award recognizes consist- he had access to a broad range of restricted many of the library’s visitors and patrons ently high performing schools that continue to information. Top secret clearance is only given through the years. I send best wishes for the hold its students and teachers to the highest to the most honest and honorable military men continued success of this unique and wonder- standards. and women. Mr. Lindsay saw France, fought ful institution. As a teacher on leave from Mankato West, in Germany during the famous Battle of the I am pleased to recognize this milestone an- I know how important and challenging it can Bulge, Austria, and eventually Hungary until niversary of the San Leandro Branch Library. be to keep student achievement high from the war in Europe was declared over. At the f year to year. It takes an outstanding commit- conclusion of the fighting in Europe, he was ment to improving education, a strong push for RECOGNIZING OLIVER KUTTNER awarded two Bronze Star Medals in heroism high expectations and incredible amounts of AND EDISON2 TEAM in ground combat. A Bronze Star Medal for work. But, when students see every adult in heroism is the fourth-highest combat award in their school dedicated to their success, they the military. Mr. Lindsay was also awarded HON. THOMAS S.P. PERRIELLO are motivated to do their best. five Bronze Battle Stars for his five campaigns OF VIRGINIA Byron High School’s strong reading and IN THE HOUSE OF REPRESENTATIVES in Europe, and a Bronze Arrowhead for the D- math scores show how all staff members, from Day landing. His unit was awarded a Distin- the principal to the counselors to the teachers, Wednesday, September 22, 2010 guished Military Unit Presidential Citation, are devoted to students reaching their full po- Mr. PERRIELLO. Madam Speaker, today I which is only given to units for extraordinary tential. Under the leadership of Principal Mi- wish to recognize Oliver Kuttner and the heroism in action against an armed enemy chael Duffy, Bryon High School is a place Edison2 team for their victory in the Progres- after the attack on Pearl Harbor. Ed’s stay in where every student, every year, will receive a sive Automotive X Prize competition. Their Europe came to an end in Hungary, thus turn- high-quality education that will help them suc- leadership in developing the affordable and ef- ing over another page in his life. His legacy ceed. ficient American-made technology of tomorrow has only just begun. This award recognizes what the Byron com- is an inspiration to us all. After returning to the U.S., Mr. Lindsay be- munity already knows—Byron High School is The Very Light Car, which took home the came a professor of military tactics and a place where every student, no matter their first prize in the X Prize competition, is a science at Texas Tech University, where he background, can fulfill their potential. Byron groundbreaking technological innovation. Its met his future wife, Laneta Bechtol. Two years High School is an outstanding model of aerodynamic design, combustion engine, and later in 1948, he resigned from the service achievement for schools across Minnesota use of lightweight materials allows it to and attended the South Texas School of Law and the country. achieve 102.5 miles per gallon, and it has the for two years before being called back into the Madam Speaker, please join me in honoring lowest carbon footprint of any car entered in Army to triumph communist evil in the Korean Byron High School for their outstanding com- the X Prize competition. These properties War. He was the only officer in his brigade mitment to the students of Minnesota. helped the Very Light Car beat contestants with a top secret clearance besides the gen- f from around the world to win the first prize of eral. Two years later, he was discharged and $5 million. It is a testament to the power of finally able to return home for good. TRIBUTE TO SAN LORENZO American ingenuity and to the tremendous Upon arrival back in Houston, his legal ca- BRANCH LIBRARY promise of American made-technology for the reer began to take shape. Mr. Lindsay took future. the bar exam with no further study or attend- HON. FORTNEY PETE STARK I am proud to say that the Edison2 team is ing his last year of classes. He passed the OF CALIFORNIA only getting started. These world-class engi- exam the first time, and was licensed in 1953; IN THE HOUSE OF REPRESENTATIVES neers, scientists and machinists are blazing A proud moment of many in his lifetime. He Wednesday, September 22, 2010 the path towards the future of efficient, sus- put himself through college, fought heroically tainable, and American-made transportation. in World War II, served in the Korean War, Mr. STARK. Madam Speaker, I rise today to They will now work to incorporate their innova- then came back and passed the bar exam. pay tribute to the San Lorenzo, California tions into commercial car production, leading Many would be proud to say they’ve accom- Branch of the Alameda County Library as the the way to the new energy economy. I con- plished one of these feats. Branch celebrates its 100th Anniversary. The gratulate them on their innovations, and I ea- Ed Lindsay has had many other outstanding Library was the first branch of the Alameda gerly anticipate their future triumphs. moments in his legal career. In 1975 he be- County Library system and opened on Novem- came board certified to practice family law, ber 25, 1910. f and in 1987 civil appellate law. He took two The San Lorenzo Branch Library continues IN HONOR OF KEVIN WILSON cases to the Texas Supreme Court and won. to be an integral part of the San Lorenzo com- Nine years after being certified in appellate munity. It opens doors to books, music, mov- HON. MICHAEL N. CASTLE law, Mr. Lindsay was elected to the board of ies, Internet access, afterschool programs, OF DELAWARE directions of the State bar in 1996 and then to and job searches. The library also runs pro- IN THE HOUSE OF REPRESENTATIVES the North Harris County Bar Association in grams to provide free legal assistance, story- 1999. In Houston, Ed is still practicing today. time for children, and computer instruction Wednesday, September 22, 2010 Madam Speaker, whether on the historic classes to help job seekers with basic com- Mr. CASTLE. Madam Speaker, it is with beaches of Normandy or in the courts of puter skills. great pleasure that I pay tribute today to Kevin Texas, the patriotism and professionalism Mr. Other Library programs include Homework Wilson, the outgoing President of the Dela- Lindsay exhibits demands recognition and Central, which supports excellence in school ware Volunteer Firemen’s Association (DVFA).

VerDate Mar 15 2010 06:24 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A22SE8.022 E22SEPT1 pwalker on DSK8KYBLC1PROD with REMARKS E1698 CONGRESSIONAL RECORD — Extensions of Remarks September 22, 2010 President Wilson’s career began with the Helen Nerska, Michelle Powers, Chris Ran- and the responsibility of the Secretary to pre- Clayton Fire Company in 1974 where he som, Stan Ransom, Philip Rice, Richard Rog- serve historic sites, buildings, objects, and an- eventually became Chief and served on the ers, Craig Russell, Bud Smith, John Tanner, tiquities—all of which are currently found in Board of Directors. Throughout his distin- Louise Tanner, Gerry Tetreault, Brenda various places throughout title 16 of the United guished career, President Wilson has served Towne, Dick Ward, Linda Ward, Mike Wayne, States Code—and restates these provisions the community in a number of capacities. He Lynn Wilke, Josh Wingler. as a new positive law title of the Code. The is a past President of the Kent County Fire f new positive law title, along with conforming Chief’s Association, the Kent County Volunteer provisions, replaces the former provisions, Fireman’s Association, and the Delaware CONGRATULATING THE NATIONAL which are repealed by the bill. State Fire Chief’s Association. President Wil- CENTER FOR ATMOSPHERIC RE- This bill is not intended to make any sub- son retired from the Delaware State Police SEARCH ON ITS 50TH ANNIVER- stantive changes in the law. As is typical with (DSP) after twenty years of service, and cur- SARY the codification process, a number of non-sub- rently serves as a civilian investigator in the stantive revisions are made, including the re- DSP Sex Offenders Unit. HON. BART GORDON organization of sections into a more coherent As President of the DVFA, Kevin’s strong OF TENNESSEE overall structure, but these changes are not in- leadership guided the organization through a IN THE HOUSE OF REPRESENTATIVES tended to have any substantive effect. tough economy. President Wilson worked tire- The bill, along with a detailed section-by- Wednesday, September 22, 2010 lessly to ensure DVFA was properly funded section explanation of the bill, can be found on and provided the same wonderful firefighting Mr. GORDON of Tennessee. Madam the Law Revision Counsel website at http:// and emergency response that the DVFA is Speaker, I rise today to recognize the National uscode.house.gov/cod/t54/. Interested parties known for. Center for Atmospheric Research on their 50th are invited to submit comments to Tim As President Wilson steps down I would like anniversary. NCAR was created in 1960 as a Trushel, Senior Counsel, Office of the Law to extend my sincere gratitude for everything program of the National Science Foundation Revision Counsel, U.S. House of Representa- he has done for the DVFA and the State of and operated by the University Corporation for tives, H2–303 Ford House Office Building, Delaware. Atmospheric Research, a consortium of uni- Washington, D.C. 20515–6711, (202) 226– f versities. 9058, as well as to the Committee. The mission of the National Center for At- f TRIBUTE TO THE BATTLE OF mospheric Research is to: understand the be- PLATTSBURGH havior of the atmosphere and related physical, CALIFORNIA STATE UNIVERSITY, biological and social systems; to support, en- STANISLAUS HON. WILLIAM L. OWENS hance and extend the capabilities of the uni- OF NEW YORK versity community and the broader scientific HON. DENNIS A. CARDOZA IN THE HOUSE OF REPRESENTATIVES community nationally and internationally; and OF CALIFORNIA Wednesday, September 22, 2010 to foster transfer of knowledge and technology IN THE HOUSE OF REPRESENTATIVES for the betterment of life on Earth. Wednesday, September 22, 2010 Mr. OWENS. Madam Speaker, I rise today The National Center for Atmospheric Re- to honor the Battle of Plattsburgh during the search has provided a platform for collabora- Mr. CARDOZA. Madam Speaker, I rise War of 1812 on the event’s recent 198th anni- tion by the larger university research commu- today to recognize California State University, versary. The conflict took the lives of 104 nity and has provided the community with Stanislaus on their Founders Day, celebrating American soldiers, injured 116 more, and tools, facilities, and scientific expertise for 50 50 years of service and education to the San marked the end of the British invasion of the years. Joaquin Valley. region during the war. As Chairman of the Committee on Science California State University, Stanislaus was More than a skirmish during wartime, the and Technology, I would especially like to rec- established as Stanislaus State College in memory and annual commemoration of the ognize the National Center for Atmospheric 1957 as the 15th campus in the California Battle of Plattsburgh preserves our precious Research for its profound impact on the un- State University system. The new college con- local history and the vital role the region derstanding of atmospheric processes and ducted its first classes at the Stanislaus Coun- played in the end of the War of 1812. systems and its long partnership with the Na- ty Fairgrounds in 1960. This year’s celebration of the North Coun- tional Science Foundation. The State of California and private donors try’s heritage coincided with the anniversary of Madam Speaker and colleagues, please join have invested nearly $200 million in new the September 11 attacks on the World Trade me in congratulating the National Center for building projects, infrastructure and campus Center, providing us another chance to ob- Atmospheric Research on its 50th anniversary. improvements since the move in 1965 to the serve the bravery our men and women in uni- f University’s now beautifully landscaped 228– form have exhibited in two different eras. acre site in Stanislaus County. Madam Speaker, I thank all those involved LEGISLATION TO CODIFY A NEW The institution gained university status and in the annual commemoration of the Battle of TITLE 54 U.S. CODE—NATIONAL its current name as one of the 23 California Plattsburgh for working to preserve the rich PARK SYSTEM State University campuses in 1986. CSU heritage our area holds in the North Country. Stanislaus serves a six-county area, including The event truly represents the contributions HON. JOHN CONYERS, JR. San Joaquin, Stanislaus, Merced, Calaveras, Upstate New York has provided for the direc- OF MICHIGAN Tuolumne and Mariposa Counties. tion of our entire nation. IN THE HOUSE OF REPRESENTATIVES Since opening in 1960 with 15 faculty and BATTLE OF PLATTSBURGH ASSOCIATION less than 800 students, 25 of whom graduated Kristina Parker-Wingler, Museum Manager; Wednesday, September 22, 2010 in that first year, CSU Stanislaus has grown to Keith Herkalo, President. Mr. CONYERS. Madam Speaker, Ranking an enrollment of over 8,600 students and con- BATTLE OF PLATTSBURGH COMMEMORATION COMMITTEE Member LAMAR SMITH and I are introducing a fers degrees to over 2,000 of them each year. OFFICERS & MEMBERS bill to codify into positive law as title 54, Over 41,000 students have been awarded Christopher Booth, Co-Chair; Gary VaCour, United States Code, certain general and per- bachelor’s and master’s degrees since the first Co-Chair; Iris McLean, Secretary; Kate Besaw, manent laws related to the National Park Sys- commencement ceremony in 1961. Treasurer; Bill Arthur, James Bailey, Jack tem. This bill was prepared by the Office of From a modest start with six undergraduate Barette, Sharon Bell, Sally Booth, Martha the Law Revision Counsel, as part of its ongo- degree programs, the University has ex- Bachman, Beth Brumfield, Ann Brady, Diane ing responsibility under 2 U.S.C. 285b to pre- panded its academic offerings to now include Brockway, Deb Brunner, Jane Claffey, Donna pare, and submit to the Committee on the Ju- six colleges, 40 undergraduate degree pro- Coughlin, Anne Cutaiar, Don Craig, Carol diciary one title at a time, a complete compila- grams, 25 graduate degree programs, and 13 Czaja, Mike Doe, Nancy Douglas Vickie tion, restatement, and revision of the general school credential and certificate programs. Demarse-Giroux, William Glidden, David and permanent laws of the United States. CSU Stanislaus has seen its academic rep- Graham, Bob Heins, Ellen Hogan, Dennis The bill gathers provisions relating to the es- utation grow, with the University ranked by Hullbert, Mary Joyce, Bruce Kokernot, John tablishment and administration of the National The Princeton Review as one of the nation’s Krueger, Carol Lunn, Keith Lunn, Betty Miller, Park System, outdoor recreation programs best 373 colleges—the only institution in the Athena Moore, Bruce Moore, Art Norton, that the Secretary of the Interior administers, CSU system included in that elite ranking.

VerDate Mar 15 2010 06:24 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\K22SE8.013 E22SEPT1 pwalker on DSK8KYBLC1PROD with REMARKS September 22, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1699 CSU Stanislaus has also been recognized by serving the changing needs of the community lation until they were thought to be extinct off the American Association of State Colleges and the residents of the District of Columbia. the coast of California by the early 1900’s. and Universities as one of 12 campuses na- Madam Speaker, I ask the House of Rep- However, in the 1930’s a small population of tionwide for outstanding graduation and reten- resentatives to join me in celebrating the 90th less than 100 animals was discovered in a re- tion rates. CSU Stanislaus generates more anniversary of Frager’s Hardware. mote cove on a coastal ranch in Big Sur, on than $300 million annual impact on the re- f the Central Coast of California. Since that gional economy. time, groups such as Defenders of Wildlife, Today, on Founders Day, CSU Stanislaus HONORING THE FACULTY AND Friends of the Sea Otter and Ocean Conser- marks a half-century of excellence as stu- STUDENTS AT EASTERN TECH- vancy have raised public awareness and dents, alumni, faculty, staff and friends cele- NICAL HIGH SCHOOL helped protect this important species under brate the University’s 50th Anniversary. the Marine Mammal Protection Act and the f HON. C.A. DUTCH RUPPERSBERGER Endangered Species Act. The presence of the OF MARYLAND California sea otter has become an icon of the IN HONOR OF LORRAINE MADDEN IN THE HOUSE OF REPRESENTATIVES state’s coastal environment and culture, and these charismatic animals bring significant Wednesday, September 22, 2010 HON. MICHAEL N. CASTLE tourism revenue to Californian coastal commu- OF DELAWARE Mr. RUPPERSBERGER. Madam Speaker, I nities. IN THE HOUSE OF REPRESENTATIVES rise before you today to honor the faculty and Still, sea otter populations remain threat- students at Eastern Technical High School of ened. This year’s three year population aver- Wednesday, September 22, 2010 Baltimore County, which has recently been age, counted by the U.S. Geological Survey, Mr. CASTLE. Madam Speaker, it is with designated as a 2010 National Blue Ribbon totals only 2,711 animals, a 3.6 percent drop great pleasure that I pay tribute today to Lor- School. The National Blue Ribbon Award rec- in overall population, and 11 percent drop in raine Madden, the outgoing President of the ognizes public and private schools whose stu- otter pups since 2009. This is the second year Ladies Auxiliary of the Delaware Volunteer dents have achieved at very high levels or in a row that the population has been in de- Firemen’s Association (LADVFA). have made significant progress and success- cline. The annual survey saw a decrease in President Madden has been a life-long fully closed achievement gaps, especially otter numbers throughout their range, and par- member of the Bowers Fire Company Auxil- among disadvantaged and minority students. ticularly in areas where much of their repro- iary. Like many other members of the Auxiliary Eastern Technical High School is a magnet duction occurs. These latest numbers are of and Fire Departments, President Madden’s fa- school that provides 10 different career path great concern and researchers have begun to ther was the Fire Chief, and her mother was programs for students which will help prepare identify indirect hazards for sea otters such as President of the Auxiliary. Prior to being elect- them to become productive members of the non-point source pollution, pathogens, and en- ed to this new post, President Madden served workforce in the future. Education is so impor- trapment in fisheries gear that are causing as President of the Auxiliary at Bowers and tant in setting our youth up for success and their population growth to reverse. Data also was also the President of the Auxiliary to the Eastern Technical High School provides a suggests that breeding-age females are dying Kent County Volunteer Firemen’s Association. phenomenal example of how to effectively do in higher than usual numbers from multiple Her record of service and leadership is com- so. In fact, Newsweek Magazine ranks East- causes, including infectious disease, toxin-ex- mendable, and is a reflection of the organiza- ern Tech as among the top 5% of high posure, heart failure, malnutrition, and shark tion itself. schools in the United States. attacks. When called to action during alarms, Madam Speaker, I ask that you join with me Each day, research is uncovering additional LADVFA assist the firemen by serving meals today to honor the faculty and students at causes of sea otter population declines. A re- or snacks while the companies are fighting Eastern Technical High School. It is their hard cent study reveals that mycrocystin, a toxic fires or assisting with other emergencies. The work and dedication that have won them the algae that forms in reservoirs, lakes and stag- services they provide both the fireman and the recognition of the National Blue Ribbon nant freshwater ponds, is responsible for the community are invaluable. Award. The school’s consistent outstanding deaths of at least 21 sea otters in the Mon- The LADVFA serve such an important func- performance is an indicator of the faculty’s terey Bay area and researchers state that this tion in our community, and to be as effective perseverance and the student body’s drive. It is the first ever documentation of a freshwater as possible, they must have dedicated and or- is with great pride that I congratulate Eastern algal bloom being transmitted to upper-level ganized leaders. President Madden has been Technical High School on its exemplary serv- marine mammals. Such realizations support exactly that over the past year and the State ice. the need for continued research and preven- of Delaware and our nation are greatly in- f tive measures to respond to these issues, debted to her for all of her past and future while continuing to ward against the direct hard work. Congratulations on a job well done! COMMEMORATING SEA OTTER killings and takings that still occur. AWARENESS WEEK f Sea otters are integrally important to the ecosystem in which they live. For this reason, HONORING FRAGER’S HARDWARE HON. SAM FARR the decline of southern sea otters off of the OF CALIFORNIA California coast not only impacts the species HON. ELEANOR HOLMES NORTON IN THE HOUSE OF REPRESENTATIVES itself, but it affects other marine populations and the surrounding ecosystem. The demise OF DISTRICT OF COLUMBIA Wednesday, September 22, 2010 IN THE HOUSE OF REPRESENTATIVES of sea otters allows their , sea urchins, to Mr. FARR. Madam Speaker, I rise today as proliferate unchecked leading to the alarming Wednesday, September 22, 2010 I do every year, to call attention to the 8th An- overgrazing of kelp beds—one of the oceans Ms. NORTON. Madam Speaker, I rise today nual Sea Otter Awareness Week, September nursery grounds for many marine animals. Re- to ask the House of Representatives to join 26–October 2, 2010, sponsored by Defenders search shows that the absence of sea otters me in congratulating Frager’s Hardware, lo- of Wildlife. This week-long event provides the has a direct link to the sharp decline of kelp cated in Washington, D.C., for 90 years in opportunity to educate the broader public on along portions of California’s coast. Further, business. sea otters, their natural history, the integral the sea otter is effective at monitoring toxins Throughout its 90 years in business in the role they play in the near-shore marine eco- and diseases in the marine environment, Capitol Hill neighborhood, Frager’s, as it is system, and the conservation issues they are which can affect the health of humans and commonly known, has remained an indispen- facing. other wildlife. sable fixture of the community and serves as In the early 1700’s, before wide-scale hunt- California took the first step toward address- a prototype of quality customer service. ing began, sea otters ranged across the North ing these emerging concerns by signing As- The community embraces the ownership of Pacific rim from Japan to Baja California. The sembly Bill 2485 into law. This bill establishes Frager’s Hardware and appreciates com- worldwide population estimates for that time a state fund for sea otter conservation where memorating the anniversary with a week-long range from the hundreds of thousands to more Californians have the option of donating a por- Customer Appreciation Event. than one million. Before the hunting began, tion of their tax returns to sea otter conserva- The expansion of Frager’s Hardware to in- there were approximately 16,000–20,000 tion. I want to emphasize that this means that clude a garden center, rental store, and a along California’s coast. But killing these ani- Californians voluntarily pay a little more on paint shop demonstrates its commitment to mals for their fur all but decimated the popu- their tax return to help protect these animals.

VerDate Mar 15 2010 06:24 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A22SE8.029 E22SEPT1 pwalker on DSK8KYBLC1PROD with REMARKS E1700 CONGRESSIONAL RECORD — Extensions of Remarks September 22, 2010 Even during these trouble economic times, REMEMBERING ROBERT P. BILLER statement, ‘‘It is only under a true democracy more than $228,903 has been raised already that one’s citizens can live without fear ac- this year. HON. TOM McCLINTOCK cording to the law, and share in the burdens However, this is a federally protected spe- OF CALIFORNIA as well as benefits of good governance.’’ cies and California cannot go it alone. In addi- IN THE HOUSE OF REPRESENTATIVES While Taiwan is a young democracy, it has tion to continuing to work with my colleagues Wednesday, September 22, 2010 taken steps to conform to international stand- to secure Federal funds to support a contin- ards with respects to rule of law and protec- ued and complete recovery of the population, Mr. MCCLINTOCK. Madam Speaker, I rise tion of human rights. To this end, Taiwan has I am proud that H.R. 556, The Southern Sea today to remember the life of Robert Biller of codified the following United Nation’s docu- Otter Recovery and Research Act, was La Canada, California. Bob was a gifted edu- ments into domestic law; The International passed by the House of Representatives in cator and passionate advocate for the stu- Covenant on Civil and Political Rights and the July of 2009. This tremendous success was dents of California, and it is with a grateful International Covenant on Economic, Social buoyed by the support and devotion of many heart I remember him today. and Cultural Rights. Bob received his bachelor’s degree from people. In the other house, Senator BARBARA Taiwan’s budding commitment to democratic University of California, Los Angeles in 1959 BOXER has introduced a companion bill, S. practices is impressive. I look forward to the and spent the next several years serving his 1748, which passed out of the Senate Com- United States partnering with President Ma country as the administrator at the U.S. Naval mittee on Commerce, Science, & Transpor- and Taiwan for many years to come. tation on June 9 by unanimous consent. The Ordinance Test Station in China Lake, Cali- fornia. He would go on to earn his master’s Committee hopes to move the bill later this f year as a part of their omnibus public lands and doctorate degrees from University of legislative package. We are just a few steps Southern California in 1965 and 1969, respec- RECOGNIZING THE HEROIC AC- away from at last making the act into law and tively, winning recognition from his peers and TIONS OF STAFF SERGEANT bringing needed resources to this threatened the Henry Reining Jr. Dissertation Award for JAMIE WEST species. his dissertation in public administration. Madam Speaker, I applaud the many ac- Bob began his professional career in aca- complishments of Defenders of Wildlife, who demia teaching at the University of California, HON. DOUG LAMBORN Berkeley, where he helped establish the Grad- carry out the important mission to preserve OF COLORADO uate School of Public Policy and its Experi- our nation’s wildlife and habitat. I also applaud IN THE HOUSE OF REPRESENTATIVES the other nonprofit environmental organiza- mental Program in Health and Medical tions, working with the Monterey Bay Aquar- Sciences. He returned to USC in 1976, serv- Wednesday, September 22, 2010 ium, researchers, fishermen, state and federal ing as the Dean of Public Administration until Mr. LAMBORN. Madam Speaker, I rise agencies, schools, and many other institutions 1982. During this time, Bob raised the stand- today to recognize the courageous and self- and individuals, who devote tremendous effort ard of education for the public administration less actions of Army Staff Sergeant Jamie to protect and recover the southern California program and raised the school’s first one mil- West, which have earned him our Nation’s sea otter. Sea Otter Awareness Week is just lion dollar endowment as well as serving in highest congressionally authorized award for one of their many activities geared towards leadership roles with the Deans’ Council and heroism during peacetime. As a member of honoring and saving this species, and I am the Budget Advisory Committee. Bob spent the U.S. House Armed Services Committee, I proud to be associated with this vital work. the next twenty years serving in various roles at USC including Executive Vice Provost am proud to recognize one of Fort Carson’s (1982–1988), Dean of Fine Arts (1987), Dean finest soldiers who placed his own life at risk f of Admissions and Financial Aid (1988–1989), to save the lives of three Colorado Springs IN HONOR OF BILL TOBIN Vice President for External Affairs (1988– children in 2008. While driving off-duty on 1992), Vice President for Undergraduate Af- February 23, 2008, Staff Sergeant Jamie West fairs (1992–1993), Interim Dean of the School observed three children fall through a fragile HON. MICHAEL N. CASTLE of Policy, Planning and Development (1998– ice-pond and one of those children becoming OF DELAWARE 2000) and he continued to be actively involved completely submerged in the freezing water. IN THE HOUSE OF REPRESENTATIVES in university life after his official retirement in The Soldier’s Medal citation reads, ‘‘Without 2001. thought to his own safety, he decided to at- Wednesday, September 22, 2010 Madam Speaker, it is without a doubt that tempt to rescue the endangered children. With Mr. CASTLE. Madam Speaker, it is with through his commitment to education and ice crumbling around him and at risk to his great pleasure that I pay tribute today to Bill service Bob Biller made USC a better place own life, he pulled the children from the water Tobin, the incoming President of the Delaware and its students better off. On behalf of the and successfully administered first aid until Volunteer Firemen’s Association (DVFA). countless students whose lives he touched, it emergency personnel arrived.’’ President Tobin began his career in the DVFA is my privilege to rise today in recognition of Every soldier knows the importance of cour- as a mascot in the Goodwill Volunteer Fire the many accomplishments and contributions age. It is one of the Army’s seven core values Company in 1959. In 1975 he moved to of Robert Biller. of soldiering. Courage on and off the battle- Lewes, where he joined the Lewes Volunteer f field cannot be underestimated. It takes cour- Fire Department. TAIWAN’S 99TH NATIONAL DAY age to withstand the rigors of war and it takes President Tobin’s life has been dedicated to courage to assume responsibility for life and serving others. Along with his membership in HON. ALBIO SIRES death decisions. It also takes courage to do the Lewes Fire Department, Bill served as the right thing under intense pressure, but the OF NEW JERSEY President for the Georgetown American Le- act of courage at the risk of one’s own life de- IN THE HOUSE OF REPRESENTATIVES gion Ambulance Company and later became serves special recognition. active with the Memorial Volunteer Fire De- Wednesday, September 22, 2010 The pages of American military history are partment in Slaughter Beach. He has served Mr. SIRES. Madam Speaker, I rise today to filled with heroes who willingly put their lives at Memorial well in the role of both Treasurer recognize Taiwan as it celebrates its 99th Na- risk in order to save others—and Staff Ser- and as Chairman of the Board of Directors tional Day on October 10th, 2010. This na- geant West’s name will now be inscribed since 2000. tional holiday, known as Double Ten Day, among them. I commend President Tobin on his dedica- commemorates the 1911 uprising that led to It was no accident that SSG West was in tion to Delaware’s volunteer fire service and the creation of the Republic of China. the vicinity of that pond at the time of crisis. tireless efforts on behalf of his community. After years of one-party rule, Taiwan has It is clear that, for some providential purpose, DVFA is fortunate to have such a man filling held three democratic presidential elections he was in the right place at the right time and this important role. I am confident that Presi- and two transfers of power. I am very excited had demonstrated great courage and personal dent Tobin’s experience and leadership will to see this young democracy blossoming in sacrifice. It is my distinct honor to recognize help DVFA continue on the path of exceptional East Asia. his heroic actions and commitment to uphold service for which they are known across our During an address earlier this year, Tai- the finest qualities of leadership and military state. wan’s President Ma Ying-jeou offered this values.

VerDate Mar 15 2010 06:24 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A22SE8.032 E22SEPT1 pwalker on DSK8KYBLC1PROD with REMARKS September 22, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1701 OUR UNCONSCIONABLE NATIONAL While preparing to deploy to Iraq for his Jeofry Limtiaco: Men’s 1500m Run; Toby Cas- DEBT second tour, Chuck lost his battle with cancer tro: Men’s 5000 Meter Run; Women’s V1 and passed away on June 12, 2010. Known 500m Canoe; Women’s 500m Canoe; Wom- HON. MIKE COFFMAN by his friends for fierce loyalty and unending en’s 1500m Canoe; Men 1500m Canoe; Wom- OF COLORADO perseverance, he will most certainly be en’s Tennis Team Event; Ayuri Sugahara: IN THE HOUSE OF REPRESENTATIVES missed. Madam Speaker, it is my privilege to Women’s Tennis Singles; Alea Dugan and rise today in recognition of LTC Charles Lyda Terea Tapu: Women’s Tennis Doubles; Wom- Wednesday, September 22, 2010 and to extend my condolences to his family en’s Fast Pitch Softball; Men’s Fast Pitch Soft- Mr. COFFMAN of Colorado. Madam Speak- and my gratitude for his many years of service ball; Mark Walters: Men’s Triathlon Individual er, today our national debt is to our Nation. Event; Theodore Tamashiro: Men’s 55kg Free- $13,476,661,616,652.10. f style Wrestling and Greco Roman Wrestling On January 6th, 2009, the start of the 111th 55kg; Raymond Tenorio Jr.: Men’s 66kg Free- Congress, the national debt was HONORING THE PERFORMANCE OF style Wrestling; and Patrick Camacho: Men’s $10,638,425,746,293.80. TEAM GUAM AT THE 7TH MICRO- 120kg Freestyle Wrestling and Greco Roman This means the national debt has increased NESIAN GAMES Wrestling 120kg. by $2,838,235,870,358.30 so far this Con- The following individuals and teams earned gress. HON. MADELEINE Z. BORDALLO Bronze medals: This debt and its interest payments we are OF GUAM Naomi Burke: Women’s 200 Meter sprint; passing to our children and all future Ameri- IN THE HOUSE OF REPRESENTATIVES Naomi Blaz: Women’s 400m Sprint and Wom- en’s Triple Jump; Nicole Layson: Women’s cans. Wednesday, September 22, 2010 f 1500m; Women’s Sheena Subido: 10,000m Ms. BORDALLO. Madam Speaker, I rise Run; Genie Gerardo: Women’s Discus Throw; REMEMBERING LTC CHARLES C. today to honor the accomplishments of Team Noreen Ericsson: Women’s Long Jump; Jeofry LYDA Guam at the 7th Micronesian Games which Limtiaco: Men’s 400 Meter Hurdles; Michael took place in Koror, Palau in August of this Gaitan: Men’s 800 Meter Run; Toby Castro: HON. TOM McCLINTOCK year. The Micronesian Games are a quadren- Men’s 1500m and Men’s10,000m Run; Albert OF CALIFORNIA nial sporting event that unifies the islands of Juan III: Men’s Triple Jump; Derek Mandell, IN THE HOUSE OF REPRESENTATIVES the central and western regions of the Pacific Michael Gaitan, Jeofry Limtiaco, and Keith through friendly competition. The 2010 Micro- Muna: Men’s 4x400m Relay; Men’s Baseball; Wednesday, September 22, 2010 nesian Games featured more than 1,000 com- Men’s V1 500m Canoe; Edwin Adag and Ar- Mr. MCCLINTOCK. Madam Speaker, I rise petitors from the Marshall Islands, Pohnpei, lene Taitague: Mixed Doubles Table Tennis; today to remember LTC Charles Lyda of Chuuk, Kosrae, Yap, the Northern Mariana Is- Edwin Cadag, Arman Burgos, and Prudencio Truckee, California. Chuck was born to lands, Palau, and Guam. Athletes from across Burgos: Men’s Team Table Tennis; Edwin Charmian and Lu Lyda in July 23, 1952 in San Micronesia competed in the sports of Athletics, Cadag and Arman Burgos: Men’s Double Diego, California where he grew up with his Baseball, Basketball, Canoe (Va’a), Fast pitch Table Tennis; Michael Todd Genereux: Men’s older sister Laramee, and younger brother, Softball, Micro All Around, Spearfishing, Swim- Individual Spearfishing; Mark Avery Sasai: Grady. ming, Table Tennis, Tennis, Triathlon, Men’s 60kg Freestyle Wrestling; and Cliffourd An extraordinary athlete, by age 16 Chuck Volleyball, Weightlifting, and Wrestling. Kusterbeck: Men’s 74kg Freestyle Wrestling. was competing on the world stage, racing for At the end of the ten day competition, the I join our community in congratulating the the U.S. National Team in Wildwater Kayaking 200-member Guam Team garnered a grand men and women of Team Guam for their ac- in the 1969 World Championship. Chuck total of 66 medals, including 20 Gold, 25 Sil- complishments at the 7th Micronesian Games would go on to be a two-time Olympian and ver, and 21 Bronze medals. I commend the in Palau, and I look forward to Team Guam’s two-time World Champion in Canoe/Kayak, as athletes of Team Guam for their performances continued success in international competi- well as qualifying for 28 U.S. national teams in at the Micronesian Games and for rep- tions. Canoe, Kayak and Biathlon and serving as resenting the island of Guam with great pride, f U.S. Olympic Team coach from 1996 through promoting the values of sportsmanship and BALANCING WORK AND FAMILY 2002. His athletic legacy also includes serving dedication to fitness. I would like to recognize as the first Nordic Director for the Auburn Ski the following individuals and teams who Club Training Center, founding the biathlon achieved Gold medals in their respective dis- HON. JIM McDERMOTT program at Northstar-at-Tahoe and the long- ciplines: OF WASHINGTON running 10th Mountain Division Race, as well Amy Atkinson: Women’s 1500m Run; Derek IN THE HOUSE OF REPRESENTATIVES as developing the ASC 1–2–3 program, which Mandell: Men’s 800 Meter Run, 1500m Run, Wednesday, September 22, 2010 has introduced nearly 20,000 young men and and 10,000m Run; Michael Gaitan: Men’s Mr. MCDERMOTT. Madam Speaker, bal- women to cross-country skiing. 5000 Meter Run; Women’s Basketball; Men’s ancing work and family is not solely a wom- While Chuck’s athletic achievements alone Basketball; Women’s V6 15km Canoe; Su- en’s issue. This seems obvious, but all too would represent a full and accomplished life in sanna Schlub: Women’s V1 10k Canoe; Men’s often both the media and the political debate their own right, he was also a dedicated and 500m Canoe; Justin Dugan and Alea Dugan: seem to forget this reality. faithful patriot. Enlisting in 1983, Chuck joined Mixed Tennis Doubles; Justin Dugan and There is no doubt that the huge influx of the 132nd Engineer Battalion as a combat en- Wendell Roden: Men’s Tennis Team; Justin women into the workforce over the last 50 gineer and served 27 years in the United Dugan and Wendell Roden: Men’s Tennis years has put them at ground zero for bal- States Army National Guard. Chuck served Doubles; Jay Sternadel and Michael Todd ancing the competing demands of family and multiple rotations as the Mobilization Officer Genereux: Spearfishing Team Event; Wom- work. But that same trend has also created for California, ensuring that the men and en’s Volleyball; Men’s Volleyball; Maria Dunn: challenges and changes for men. women going overseas from California were Women’s 63kg Freestyle Wrestling, Women’s Today, over 70 percent of mothers work deployed on time and brought home in the Light Weight Beach Wrestling, and Women’s outside the home, more and more men are same fashion. It is safe to say that his dili- Overall Heavy Weight Beach Wrestling; and taking on care-taking and household duties. Of gence in this role touched the lives of nearly Raymond Tenorio Jr.: Greco Roman Wrestling course, that’s only more household respon- every soldier who was part of the largest de- 66kg. sibilities relative to what men have done in the ployment of California troops since the Korean The following individuals and teams past—so in congressional lingo, we are start- War. In 2005 Chuck was selected to deploy to achieved Silver medals: ing from a very favorable baseline. Iraq in support of Operation Iraqi Freedom, Naomi Burke: Women’s 100m Sprint; Naomi But there is no doubt that men are feeling where he served as the Chief of Operations, Blaz: Women’s 200 Meter Sprint; Amy Atkin- more anxious about balancing work and home Corps of Engineers in Tikrit. Even though he son: Women’s 800 Meter Run; Nicole Layson: responsibilities, and 95 percent of American was in his mid-fifties while serving overseas, Women’s 5000 Meter Run and Women’s fathers report conflicts between work and fam- Chuck maintained the highest levels of phys- 10,000m Run; Gerardo Genie: Women’s Shot ily demands. This means men have a clear ical fitness and discipline imaginable, consist- Put; Naomi Blaz, Noreen Ericsson, Nicole stake in a debate they have been largely ently improving his two-mile run time every Layson, and Amy Atkinson: Women’s 4x400m missing from, and their absence undercuts a time he took the test. Relay; Michael Herreros: Men’s 110m Hurdles; political drive to make long overdue progress.

VerDate Mar 15 2010 06:24 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A22SE8.035 E22SEPT1 pwalker on DSK8KYBLC1PROD with REMARKS E1702 CONGRESSIONAL RECORD — Extensions of Remarks September 22, 2010 As Americans, we often pride ourselves in ness or to taxpayers after some States and Boston, has been the educational and intellec- leading the world forward. But on work/family cities have enacted their own paid leave and tual center of optometry in New England since issues, we are badly trailing most of our com- sick leave standards. In response to paid sick 1894. With an enrollment of over 400 stu- petitors. We remain the only major industrial leave requirements in San Francisco, I saw dents, the student body is the most diverse of nation with no form of paid family leave, and one restaurant executive quoted as saying any optometry college in the world: more than many of our public policies fail to adequately that paid sick leave—‘‘is the best public policy 25% of students enrolled in the doctor of op- meet the needs of parents. for the least cost. Do you want your server tometry program received their pre-optometry Some of these policies, such as child care coughing over your food?’’ education outside the United States. The Col- and unemployment insurance, fall within the Moving forward, we need to see progress lege is committed to the advancement of vi- jurisdiction of the Subcommittee on Income on work/family issues as part of the continuum sion care and exemplifies the highest stand- Security and Family Support, which I Chair. of workplace protections that have made ards of training for providers of quality, acces- Recently, we’ve made modest progress in America a better place to work, live and raise sible eye care. this area by temporarily boosting funding for a family. Helping both mothers and fathers Dr. Clifford Scott’s career has been dedi- child care by $2 billion in the Recovery Act. balance work and family responsibilities is cated to the New England College of Optom- Perhaps more substantially, we’ve begun to something that will have both an immediate etry since he matriculated at the Massachu- prod States to remove barriers to parents re- and lasting impact on the well being of our setts College of Optometry, New England Col- ceiving unemployment benefits. Four years Nation. lege of Optometry’s predecessor. He has been ago, I introduced legislation called the UI Mod- f a New England College of Optometry faculty ernization Act to improve coverage for low- member since 1970, most recently serving as wage workers and to help parents leaving PERSONAL EXPLANATION Vice President and Dean of Academic Affairs. work for compelling family reasons. As he and the College enter this next phase This bill, which was included in the Recov- in their mutual history, I wish them continued ery Act, provides a total of $7 billion for States HON. JIM MARSHALL OF GEORGIA success and preeminence in the field of op- that enact reforms from a menu of options. One of these reforms is to stop denying bene- IN THE HOUSE OF REPRESENTATIVES tometry education and vision care. fits to workers who become eligible for unem- Wednesday, September 22, 2010 f ployment benefits based on part-time work Mr. MARSHALL. Madam Speaker, regarding IN RECOGNITION OF MS. simply because they are seeking reemploy- rollcall vote 526 on the previous question, I ELIZABETH ‘‘LIZ’’ WARE SIMS ment in another part-time job, rather than in a mistakenly voted no. I meant to vote yes. full time job. Some Americans work part-time because they cannot find full-time employ- f HON. MIKE ROGERS OF ALABAMA ment, but others work part-time to accommo- HONORING THE KOREAN HOLIDAY date family issues. OF CHUSEOK IN THE HOUSE OF REPRESENTATIVES I can see no reason to discriminate against Wednesday, September 22, 2010 parents who choose to work a schedule that Mr. ROGERS of Alabama. Madam Speaker, best fits the needs of their family, so I am glad HON. LORETTA SANCHEZ we are beginning to make some progress on OF CALIFORNIA I would like to request the House’s attention this issue. As a result of the UI Modernization IN THE HOUSE OF REPRESENTATIVES today to pay recognition to Ms. Elizabeth ‘‘Liz’’ Ware Sims who will be honored by The His- payments, the number of States providing un- Wednesday, September 22, 2010 employment benefits to those seeking part- toric Shiloh Missionary Baptist Church. Ms. LORETTA SANCHEZ of California. time work doubled, up from 14 to 27. Ms. Sims was born in Notasulga, Alabama, Another reform included in the UI Mod- Madam Speaker, I come to the floor today to to the late Tommie and Emma Ware. She was ernization Act was providing benefits to so- recognize and wish the people of South Korea their sixth child out of eight. She attended Shi- called trailing spouses. These are wives and and our Korean Americans a blessed Chuseok loh Rosenwald School, Tuskegee Institute husbands who quit their jobs when their part- holiday. High School and after graduation, attended a ners’ jobs are relocated to another part of the Chuseok is a time of great thanksgiving in business college in Montgomery, Alabama. country. Many States had disqualified these South Korea and a time when families cele- She worked for thirty-three years at spouses from receiving UI benefits on the brate their ancestry. Tuskegee University and then ten more at Au- basis that they voluntarily left employment. This year, Chuseok takes place September burn University. The Modernization Act cites such employment 20–23, 2010, and I would like this opportunity In 2006, she began working for The Shiloh departures as a compelling family reason, and to specifically thank our Korean-American Community Restoration Foundation. Later, on thus maintains eligibility for UI. The number of community in Orange County. August 5, 2010, Shiloh Missionary Baptist States now providing benefits to trailing Their contributions to California and the Church and The Shiloh Rosenwald School spouses has gone up from 14 to 24. United States have moved this country in the were listed on the National Register of Historic Finally, the Modernization Act also permits right direction. Sites. taking care of a disabled or ill child or fleeing I would also like to recognize the strong Ms. Sims has two daughters, Charlene and domestic violence as a compelling family rea- US–ROK alliance and the blessing which have Catrina, and three grandsons, Trey, Phillip and son for leaving employment. All of these re- developed from this long and enduring rela- Caleb. forms are squarely aimed at acknowledging tionship. The celebration honoring her will be held on that certain family situations can have a sig- I wish the people of Korea and all our Ko- October 3, 2010, at The Historic Shiloh Mis- nificant, and often unavoidable, impact on a rean-Americans a joyful Chuseok. sionary Baptist Church. person’s job. f I congratulate Ms. Sims for her good works I know that two of the biggest goals for in the community. INVESTITURE OF DR. CLIFFORD those working on work family issues are paid f family leave and paid sick leave. I still cannot SCOTT AS TWELFTH PRESIDENT believe the considerable opposition to the OF NEW ENGLAND COLLEGE OF RECOGNIZING MR. JEFFREY P. Family and Medical Leave Act before its pas- OPTOMETRY CRUZ AS THE 2010 NAVY FIRE sage in 1993. That anyone would be opposed AND EMERGENCY SERVICES to three months unpaid leave for employees at HON. MICHAEL E. CAPUANO PROVIDER OF THE YEAR companies with more than 50 employees is OF MASSACHUSETTS absurd. IN THE HOUSE OF REPRESENTATIVES HON. MADELEINE Z. BORDALLO But we have always heard doomsday pre- Wednesday, September 22, 2010 OF GUAM dictions when it comes to enacting workplace IN THE HOUSE OF REPRESENTATIVES protections—whether it be overtime pay, the Mr. CAPUANO. Madam Speaker, on Sun- Wednesday, September 22, 2010 minimum wage, or the Americans with Disabil- day, September 26, 2010 Dr. Clifford Scott will ities Act. And the same is true now when it be invested as the Twelfth President of the Ms. BORDALLO. Madam Speaker, I rise comes to paid leave. New England College of Optometry, and today today to honor the exemplary public service of But once again, we haven’t seen any evi- I congratulate both Dr. Scott and the College. Mr. Jeffrey P. Cruz, an emergency medical dence that it causes an undue burden to busi- New England College of Optometry, located in services (EMS) provider for Navy Fire and

VerDate Mar 15 2010 06:24 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A22SE8.036 E22SEPT1 pwalker on DSK8KYBLC1PROD with REMARKS September 22, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1703 Emergency Services on U.S. Naval Base Additionally, Pastor Crenshaw continues to Olympics of Pennsylvania, under the leader- Guam. Jeffrey has been named the 2010 serve the global ecumenical community as an ship of Mr. Matthew Aaron. He, his staff, and Navy Fire and Emergency Services EMS Pro- Executive Board Member of the World Meth- thousands of wonderful volunteers carry on vider of the Year by the International Associa- odist Council. In 2008 the Pastor and Mrs. Pennsylvania’s proud tradition of caring for tion of Fire Chiefs. Jeffrey was given this rec- Crenshaw led an Overseas Medical Mission some of our most special citizens in a manner ognition at the Fire-Rescue International Con- and Evangelism team to Monrovia, Liberia to that reflects the very best of Eunice Kennedy vention: Department of Defense Fire & Emer- set up a medical clinic at Brown Memorial Shriver. gency Services Conference in Chicago, Illi- A.M.E. Zion Church. Upon learning that some nois. Mr. Cruz competed against thousands of people walked as long as three days to re- f EMS providers from the hundreds of Navy Fire ceive medical attention, the team felt the ur- and Emergency Services stations around the gency to return in 2009. They also set up a IN HONOR AND RECOGNITION OF world for this recognition. clinic at Cartwright A.M.E. Zion in Brewerville, SOL SIEGAL, RECIPIENT OF THE Jeffrey is a resident of Santa Rita, Guam Liberia and Good Shepherd Episcopal Church ‘‘TREE OF LIFE’’ AWARD and is the son of Jesus and Teresita Cruz. He in Paynesville, Liberia. Overall, the team has is married to Francine Cruz and has four provided free medical services and supplies to daughters, Bailey, Caitlyn, Eden, and Felicia. over 980 patients. Pastor Crenshaw and the HON. DENNIS J. KUCINICH Following his family’s tradition of service as Medical Mission and Evangelism Team will OF OHIO firefighters, Jeffrey joined the Navy Fire and travel back to Monrovia in February of 2011 to Emergency Services in 2004. Jeffrey was in- continue their efforts. Pastor Crenshaw and IN THE HOUSE OF REPRESENTATIVES strumental in establishing a Mutual Aid Agree- the Shaw Temple A.M.E. Zion church were ment between the Navy Fire and Emergency honored to host the 48th Quadrennial Session Wednesday, September 22, 2010 Services and the Guam Fire Department, of the General Conference of the African Mr. KUCINICH. Madam Speaker, I rise which ensures emergency service resources Methodist Episcopal Zion Church. today in honor of Sol Siegal on the occasion are available at all times. In addition, he has Madam Speaker, fellow Members of Con- of his being named the recipient of the Tree been active in coordinating the training and gress, please join me in honoring Dr. of Life Award by the Jewish National Fund, certification of 45 new emergency service re- Crenshaw for his many achievements as Pas- Northern Ohio Chapter and in recognition of sponders, increasing service capabilities on tor of the Shaw Temple A.M.E. Zion Church. his leadership, achievement and dedication to Guam by 70 percent. Mr. Cruz maintains a f making a difference in our community. level of excellence and professionalism while in the field, employing his training and skill to IN HONOR OF EUNICE KENNEDY Mr. Siegal’s commitment to faith, family, save lives and ensure the safety of our com- SHRIVER community and country continues to guide his munity. life and his work. He served in the United I commend Jeffrey for his outstanding serv- HON. JOE SESTAK States Air Force from 1943 to 1950. After the ice as an EMS provider and an exemplary OF PENNSYLVANIA war, he worked in sales in the steel industry member of our community, and I congratulate IN THE HOUSE OF REPRESENTATIVES and then became a steel broker in 1952. In him for being recognized as the 2010 Navy Wednesday, September 22, 2010 November of 1954, Mr. Siegal founded Olym- Fire and Emergency Services EMS Provider of pic Steel in Cleveland, Ohio. Mr. Siegal made the Year. I join our community in acknowl- Mr. SESTAK. Madam Speaker, today, a it a priority to emphasize the welfare of his edging his leadership, dedication, and public ceremony will take place in the Common- employees and the environment. The ele- service contributions to the safety of our is- wealth of Pennsylvania to honor one of our ments of respect, teamwork, safety, employee Nation’s truly remarkable women, Eunice Ken- land. development and integrity were incorporated nedy Shriver, founder of Special Olympics and f in Mr. Siegal’s original mission statement and an American of unmatched energy, compas- their implementation remains a top concern CELEBRATING DR. GEORGE D. sion, and vision. today. Through Olympic Steel, Mr. Siegal has CRENSHAW ON HIS 6TH ANNI- Through her work to create Special Olym- VERSARY AS PASTOR OF THE pics, Eunice Kennedy Shriver offered untold led numerous philanthropic efforts that have SHAW TEMPLE A.M.E. ZION numbers of Americans with intellectual disabil- impacted the lives of countless individuals and CHURCH ities the opportunity to participate in sports families in Cleveland and across the country. and social activities that helped transform their Olympic Steel awards ten annual renewable HON. DAVID SCOTT lives and ours. As anyone who has ever college scholarships to children of employees. OF GEORGIA coached, ‘‘buddied,’’ or watched Special Olym- Mr. Siegal’s generosity and commitment to IN THE HOUSE OF REPRESENTATIVES pians in competition can attest, all involved the community originates with family. He is a come away from that experience with a new devoted father to Lynn, Michael and daughter- Wednesday, September 22, 2010 found respect and admiration for the spirit of in-law Anita, and he is an adoring grandfather Mr. SCOTT of Georgia. Madam Speaker, it those athletes, their families, and Eunice Ken- and great-grandfather. Mr. Siegal’s dedication is my honor to congratulate Dr. George D. nedy Shriver. to his Jewish heritage is visible within the Crenshaw on the occasion of his 6th year an- In the East Wing Rotunda of Pennsylvania’s Cleveland’s Jewish community. He’s been a niversary as Pastor of the Shaw Temple Capitol Building in Harrisburg, a portrait of Eu- longtime board member with the Jewish Na- A.M.E. Zion Church. nice Kennedy Shriver will be unveiled in a per- tional Fund and a past board member with the For over two decades, Dr. George D. manent place of honor to acknowledge her Jewish Community Federation. He is a 62- Crenshaw has served as a pastor in the Afri- wonderful work and, to mark the 40th Anniver- year member of the Deak Lodge and a 40- can Methodist Episcopal Zion Church and was sary of Special Olympics Pennsylvania year member of the University Heights Free appointed pastor of Shaw Temple in October (SOPA). Fittingly, the portrait will include the Masons. His charitable vision is shared by the of 2004. Under his compelling leadership, the likeness of a Special Olympian, Loretta Clai- people of Olympic Steel, where employees do- church and its congregation has become larg- borne. nate their money, time, clothes and food items er, more spiritual, and more financially secure. In memory of Eunice Kennedy Shriver, the to local agencies and causes, including the In his first four years, the church received over fourth Saturday of every September will for- Make a Wish Foundation, Cell Phones for Sol- 800 new members, making Shaw Temple the ever be known as Eunice Kennedy Shriver diers, Coats for Kids, Harvest for Hunger and fastest growing A.M.E. Zion church in the Day. On that day we should all dedicate our- Women in Need. South. Pastor Crenshaw founded the Shaw selves to love, justice, faith, hope, and cour- Temple Biblical & Leadership Institute, of age—as she did—to the benefit of more than Madam Speaker, please join me in honor of which he is a former president. He also devel- four million Special Olympic athletes, Best Sol Siegal as he is honored with the Tree of oped the Five-Fold Ministry, which responds to Buddies and millions more of their family Life Award by the Jewish National Fund. Mr. the spiritual, social and physical needs of the members. Siegal’s leadership, vision and dedication to congregation from conversion throughout their Madam Speaker, I ask that all Americans strengthening the lives of others through the spiritual journey. As a venerated leader in the pause to reflect on the civic and spiritual integrity of Olympic Steel continue to enhance church, Pastor Crenshaw has formed forty greatness of Eunice Kennedy Shriver and ac- the economic, cultural and social foundations other ministries at Shaw Temple. knowledge the outstanding work Special of our entire community.

VerDate Mar 15 2010 06:24 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\K22SE8.019 E22SEPT1 pwalker on DSK8KYBLC1PROD with REMARKS E1704 CONGRESSIONAL RECORD — Extensions of Remarks September 22, 2010 A PROCLAMATION HONORING Currently, the conferences must submit their In addition, this bill deals with the carriers’ LUCEIL GIVIN ON HER 105TH agreements to the Federal Maritime Commis- practice of imposing surcharges, seemingly at BIRTHDAY sion (FMC), who reviews them for compliance will. Currently, shippers enter into negotiations with the statutory requirements including with carriers for transportation service con- HON. ZACHARY T. SPACE whether or not the agreement is likely, by a tracts at fixed prices. Once the transportation price is negotiated, the shipper then develops OF OHIO reduction in competition, to produce an unrea- sonable reduction in transportation services or a pricing scheme for its customers. However, IN THE HOUSE OF REPRESENTATIVES an unreasonable increase in transportation we have heard complaints that ocean carriers Wednesday, September 22, 2010 costs. often decide at the last minute to levy sur- Mr. SPACE. Madam Speaker, I submit the However, even under the current regulatory charges, which are not necessarily based on following. scheme, immunity for such agreements has their own increased costs (for example, the Whereas, Luceil Givin was born in Scio, long outlived its usefulness, and stifles com- cost of buying fuel). This impacts the shippers Ohio, on September 22, 1905, petition. In 2007, the Antitrust Modernization business because the U.S. exporter or im- Whereas, Luceil worked with her father on Commission (Commission) report stated that porter has already signed a contract with their the family farm in Scio, raising chickens, hogs, ‘‘free-market competition is the foundation of customer for a fixed price. If the carrier in- and calves, our economy, and the antitrust laws stand as creases the cost of a shipper’s goods by im- Whereas, Luceil also worked at the Scio a bulkwark to protect free-market competition.’’ posing a surcharge and the shipper has al- Pottery for 42 years, The Commission found that there is question- ready advertised the price for selling those Whereas, Luceil now lives at the Harrison able justification for continuing conference ex- goods, where is the increased cost going to County Home in Cadiz, emptions from the antitrust laws in the Ship- come from? The shipper’s profits? To ensure Resolved That along with her friends, family, ping Act and that there is nothing unique that a shipper can adequately price his prod- and the residents of the 18th Congressional about ocean carriers that warrant an exemp- uct, this bill requires that any surcharge im- District, I congratulate Luceil Givin on achiev- tion from the antitrust laws. A survey cited by posed by a carrier needs to accurately reflect ing her 105th birthday, and for her contribu- the Commission found that ‘‘the steepest de- increases in the carrier’s cost. Elimination of antitrust immunity for ocean tions to her community and country. clines in observed freight rates have coincided with a generalized decrease in conference carrier agreements may not be enough to spur f the carriers to improve their customer service. power in the face of competition from strong One major area that needs to be addressed is THE SHIPPING ACT OF 2010 independent operators and the implementation dispute resolution. The Shipping Acts of 1916 of competition-enhancing legislation in the and 1984 were not designed to facilitate dis- HON. JAMES L. OBERSTAR United States trades.’’ On March 17, 2010, the Committee on pute resolutions between shippers and car- OF MINNESOTA riers. In fact, the only remedy authorized IN THE HOUSE OF REPRESENTATIVES Transportation and Infrastructure held a hear- ing on the challenges faced by U.S. importers under the Shipping Act to resolve a dispute in Wednesday, September 22, 2010 and exporters in moving cargo by the inter- a service contract is to go to court. The delay oftentimes associated with pursuing a case in Mr. OBERSTAR. Madam Speaker, today I national container lines. The Committee re- court results in a major disadvantage to ship- have introduced the ‘‘Shipping Act of 2010’’. ceived testimony from importers, exporters, pers. This is because a large volume of the This bill has its roots in the Shipping Act of agricultural shippers, manufacturers, retail cargo that shippers carry is perishable and 1916, which provided the foundation for the stores, and raw products exporters. In that those goods may be destroyed by the time a regulation of international shipping in the hearing, shippers complained that ocean car- District Court ever hears the case. Under this United States. riers do not have enough capacity in the mar- bill, the FMC will be empowered to help re- In the 94 years since that law was enacted, ket to meet the demands of U.S. shippers and solve service contract disputes quickly through shipping has changed greatly. Most significant that rate increases imposed through new serv- mediation and arbitration, so that the freight was the development of the intermodal ship- ice contracts have skyrocketed. Many believe ping container in the late 1950’s, which allows can keep moving. that these rate increases reflect the desire of We have also heard from export shippers for cargo to be loaded into standardized con- carriers to recoup their losses of the past year. that carriers refuse to ship containers that are tainers for shipping rather than on pallets put Moreover, these shippers expressed concern not owned by that ocean carrier. This results on a ship using cargo nets. Use of these con- that there is no willingness on the part of con- in many shippers being left without an alter- tainers has transformed the manufacturing and ference agreement participants to negotiate native to ship their goods unless they agree to distribution of goods throughout the world by independent rates. This has significantly in- pay a steep price to the ocean carrier. I do not increasing the productivity of our global inter- creased the costs of U.S. exports and made it understand how a carrier can refuse to supply modal transportation system by having a con- difficult for U.S. importers to price their prod- a shipper with a container at a reasonable tainer that can be loaded on a truck chassis, ucts. price, and then refuse to move a shipper’s easily transferred on to a ship, and then trans- Eliminating the antitrust immunity for these goods if they are in a container provided by ferred again on a rail car. This bill will mod- conference agreements will increase competi- someone else. There needs to be transpor- ernize the regulation of that transportation sys- tion by requiring ocean carriers to compete in tation network neutrality so that shippers can tem by increasing competition and improving the marketplace with the best price and serv- have their cargo moved by an ocean carrier services for the movement of those goods. ice to get shippers’ business. That will benefit supplied container or one provided by a third First, it eliminates antitrust immunity for the industry as a whole. Moreover, the bill will party that meets internationally accepted con- ocean carrier agreements, which currently al- require carriers to continue to file service con- tainer safety standards. This bill provides that lows ocean common carriers to get together to tracts with the FMC and to have tariffs be neutrality by prohibiting carriers from discrimi- discuss, fix or regulate transportation rates. Al- available for FMC review. This information will nating against a shipper that provides their though parties to the carrier agreements are allow the FMC to determine whether or not owner container or other equipment. not required to adhere to the rates set by the carriers are colluding after their antitrust immu- It also addresses the practice of bumping or conference when they are contracting, often- nity has been eliminated. rolling containers, in which a carrier decides times they use the collectively set rate as the However, this bill does preserve some anti- that there is not enough room on a ship for a basis for negotiations. The carrier’s tendency trust immunity for ocean carriers so that they container which they have already been con- to use the agreed upon rates as a floor for ne- can enter into vessel sharing agreements. A tracted to transport. The bill prohibits ocean gotiations has made it difficult for shippers to vessel sharing agreement is an agreement carriers from engaging in deceptive practices, negotiate more favorable terms for transpor- among carriers to share space on each others including the unreasonable failure to provide tation. vessels. This will allow carriers to offer ship- transportation services as agreed to in a nego- Antitrust immunity for these agreements was pers service five days a week on their ship or tiated service contract. The FMC is then initially granted to enable carriers to stabilize one of their partners’ ships. However, under tasked with developing remedies and penalties their economic position through controlling this bill, this authority is limited so that it en- for carriers that engage in such deceptive rates and capacity. In fact, Congress has long sures that there is still adequate competition in practices. been concerned about the anticompetitive im- a particular trade. The European Union limits President Obama has announced that he pact of these conference agreements and, in a vessel sharing agreement to 30 percent of wants to double U.S. exports in the next 5 the Shipping Act of 1916, put a regulatory the capacity in a trade. That is a reasonable years. I am committed to helping him accom- structure in place to monitor their activities. place to begin. plish that goal by reforming our shipping laws

VerDate Mar 15 2010 06:24 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A22SE8.042 E22SEPT1 pwalker on DSK8KYBLC1PROD with REMARKS September 22, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1705 to help the ocean carriers be more responsive with the King and raise the plight of the doz- ment (ECFA) that serves as a platform for to their customers. This bill is a pro-competi- ens of U.S. citizens that have been expelled economic interaction between the two sides. tive bill that will help facilitate U.S. imports and from or denied reentry into Morocco without This cooperation has served to reduce ten- exports. In 2007, the European Union elimi- access to due process. sions in the Strait considerably. nated the antitrust immunity that ocean car- As a result of the deportations a number of Taiwan has long been a strategic partner of riers had from their laws. I am not aware of humanitarian organizations which were run by the United States. We have worked closely any ocean carriers being put out of business U.S. citizens and provided vital community with the government of President Ma and our because of the loss of that exemption. Under services have been shuttered: Individuals such mutual relationship continues to be strong. It is the ‘‘Shipping Act of 2010’’, carriers will have as Eddie and Lynn Padilla of Colorado who my hope that the relations will continue to to compete based on price and services in the worked in an orphanage caring for young Mo- grow through enhanced cooperation in trade, same way as all other major industries in the roccan children who were abandoned at birth; science and technology, educational and cul- United States. and Michael Cloud of Texas, who ran therapy tural exchanges, security cooperation and Tai- f centers for children with disabilities across the wan’s participation in international organiza- country; and scores of American teachers and tions. IN HONOR OF GERALD A. DEPIERO educators who sought to improve access to As Taiwan has demonstrated cooperation in education for Moroccan children. good faith both with the mainland and with the HON. DENNIS J. KUCINICH Many of these individuals resided legally in United States, I hope that it will soon enjoy OF OHIO Morocco for decades and had a deep love for greater inclusion in the international commu- IN THE HOUSE OF REPRESENTATIVES their adopted country. Their work supported nity. It is exciting to learn that Taiwan was Millennium Development Goals such as child Wednesday, September 22, 2010 once again invited last May to attend the health and universal education. In his address World Health Assembly (WHA) in Geneva, Mr. KUCINICH. Madam Speaker, I rise to the General Assembly on Monday, the King Switzerland as an observer. This was a break- today in honor and remembrance of Gerald A. of Morocco expressed his support for and through for Taiwan’s participation in a formal ‘‘Jerry’’ DePiero, beloved husband, father, commitment to these lofty goals. Meanwhile, UN activity since in 1971, the world body grandfather, great-grandfather, friend, mentor, his government turned out dozens of U.S. citi- switched recognition to mainland China. retired firefighter, business owner and active zens and foreign nationals whose work sup- However, this is not enough. I strongly urge citizen. ported the same goals for which the King pro- my colleagues to recognize Taiwan’s participa- Mr. DePiero served the Parma community fessed his support. tion in the WHA and encourage them to put and our nation with honor and dedication. He If the King of Morocco is truly serious about pressure on the international community to served in the National Guard for 6 months and his commitment to achieving the Millennium allow Taiwan’s participation in the activities of protected the people of Parma as a firefighter Development goals, his government should other organizations such as the International for 25 years. He combined his street smarts immediately and unconditionally allow those Civil Aviation Organization (ICAO) and the with business savvy and founded one of the expelled or denied reentry to return. The U.S. United Nations Framework Convention on Cli- largest real estate offices in Ohio; a branch of government should press for nothing less. mate Change (UNFCCC). Century 21, DePiero and Associates, Inc. f Madam Speaker, I would ask all of my col- Mr. DePiero was known for his kind, giving leagues to congratulate our Taiwanese friends IN CELEBRATION OF TAIWAN’S and generous nature. For 49 years, he was a on the 99th Anniversary of National Day and NATIONAL DAY devoted husband to Roberta. Together they to join me now in thanking the people of Tai- raised four children: Lisa, Chris, Matt and wan for their friendship. Dean. His devotion to his wife, children, HON. DAN BURTON grandchildren and great-grandchild was un- OF INDIANA f wavering. He was the treasured grandfather of IN THE HOUSE OF REPRESENTATIVES Nick, Jenni, Cory, Jake, Luke, Melissa, the HONORING LINDA PIERCE, PRESI- Wednesday, September 22, 2010 late Erin, the late Andrew, Sean and Blake. DENT OF THE ASSOCIATION OF He was the beloved great-grandfather of Mr. BURTON of Indiana. Madam Speaker, I REHABILITATION NURSES Isabela, and father-in-law of Laura, MJ and rise as a senior member of the House Foreign Kathleen. He was the beloved brother of Ray, Affairs Committee and member of the House HON. BETTY SUTTON brother-in-law of Dorothy, and caring uncle Taiwan caucus to express my congratulations OF OHIO and cousin to many. Mr. DePiero was a de- to the leaders and people of the Republic of IN THE HOUSE OF REPRESENTATIVES China on Taiwan on the occasion of National voted friend and mentor to many. Wednesday, September 22, 2010 Madam Speaker and colleagues, please join Day this October 10th. me in honor and remembrance of Gerald A. It has been nearly a century since the Octo- Ms. SUTTON. Madam Speaker, today I pay ‘‘Jerry’’ DePiero. I offer my condolences to his ber 10, 1911 start of the revolution that top- tribute to Linda Pierce, PhD, RN, CRRN, CNS, family, friends and to everyone who knew him pled the Qing dynasty and established the Re- FAHA of the University of Toledo College of well. Mr. DePiero lived his life with a generous public of China, the first republic in Asia. Nursing and president of the Association of heart and an unwavering love for family, Today the ROC on Taiwan has become a full- Rehabilitation Nurses (ARN), a constituent friends and community. His service and gen- fledged democracy and a beacon of prosperity from my congressional district. Ms. Pierce will erosity will never be forgotten. and freedom for all of Asia. Just twenty some soon complete her year as the 2009–2010 na- f years ago, Taiwan was a closed authoritarian tional president of the ARN, a professional or- society with no freedom of speech, no free- ganization representing nurses who work to EXPULSION OF HUMANITARIAN dom of assembly, and no right to vote. It now enhance the quality of life for those who are WORKERS CALLS INTO QUESTION has robust political parties, and virtually every affected by physical disabilities or chronic ill- MOROCCO’S COMMITMENT TO office in Taiwan is contested through free and nesses. During her tenure as president at THE MILLENNIUM DEVELOP- fair elections. ARN, Ms. Pierce has been a strong leader MENT GOALS Two and a half years ago, Taiwan success- and advocate for rehabilitation nurses, as well fully concluded its fourth popular election for as the patients ARN serves everyday. HON. FRANK R. WOLF president since 1996 by electing Dr. Ma Ying- Since 1974, ARN has been the leading OF VIRGINIA jeou. President Ma has worked tirelessly since source for the latest rehabilitation information, IN THE HOUSE OF REPRESENTATIVES his inauguration on May 20, 2008 to improve resources, and professional development and the relationship between Taiwan and the Chi- career opportunities for rehabilitation nursing Wednesday, September 22, 2010 nese mainland and he has been a strong ally professionals. ARN members are nurses with Mr. WOLF. Madam Speaker, on Monday, to the United States. a broad range of clinical experience dedicated the King of Morocco travelled to New York to The Taiwanese and the Chinese mainland to helping individuals affected by chronic ill- address the UN General Assembly Summit on governments have worked together in produc- ness or a physical disability adapt to their dis- the Millennium Development Goals, which tive talks on issues such as direct cross-strait abilities, achieve their greatest potential, and seek to improve the quality of life for people flights and shipping, more tourist visits by work toward productive, independent lives. around the world. I urge Obama Administra- mainlanders to Taiwan, and the recent signing Presently, ARN is comprised of a nation- tion officials to seize this opportunity to meet for Economic Cooperation Framework Agree- wide network of more than 5,500 rehabilitation

VerDate Mar 15 2010 06:32 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A22SE8.044 E22SEPT1 pwalker on DSK8KYBLC1PROD with REMARKS E1706 CONGRESSIONAL RECORD — Extensions of Remarks September 22, 2010 nurses who practice in many settings including Madam Speaker, the members of the Lum- about how our Nation’s laws affect the poor hospitals, rehabilitation facilities, home health berton Youth Baseball Association 2010 Ma- and disenfranchised. She also made numer- agencies, sub-acute and long-term care facili- jors All-Star team deserve acclaim for their ous trips to Rome, as the official representa- ties, and private companies. skill as well as for being outstanding ambas- tive of sisters in the United States. Sister A resident of Elyria, Ohio, Ms. Pierce sadors of the City of Lumberton, the County of Catherine’s work has been recognized with earned both her Bachelors of Science in Nurs- Robeson, and the State of North Carolina. numerous local and national honors. She was ing and her Masters of Science in Nursing Their names are: Alec Brewington, Raleigh awarded the Centennial Education Medal by from the University of Akron. Ms. Pierce went Forrest, Jack Frederick, Gage Hardin, Austin John Carroll University; named as Cleveland’s on to earn her Doctorate in Philosophy of Hayes, Hunter Jolicouer, Tyler Musselwhite, 100 Most Influential Women; and, she was Nursing from Wayne State University. Evan Odum, Daniel Oxendine, Austin honored by the National Institute of Women In addition to Ms. Pierce’s academic Swiderski, Travis Suggs, and Richard Thom- with the Today’s Woman of the Year Award. achievements, she is also a National Stroke as. Madam Speaker, please join me in honor Council Member of the American Stroke Asso- As founder of the Congressional Caucus on and recognition of Sister Catherine Pinkerton, ciation. She has presented numerous times on Youth Sports, and also as both a long-time whose faith in action continues to give a voice topics relating to rehabilitation nursing, and Lumberton little league coach and one who to the silent, strength to the weak, and power published several books and scholarly articles grew up playing baseball in Lumberton, as to the powerless—thereby making our Cleve- pertaining to caregivers of persons with stroke. well as a charter member of the Lumberton land community, our Nation, and our world, a Ms. Pierce is currently educating the next gen- Youth Baseball Association, Inc., I appreciate better place. eration of nurses, as a tenured professor at the dedication, determination, and teamwork the University of Toledo, teaching both under- that earned these players the esteemed title of f graduate and graduate courses. National Champions. I am also impressed by TRIBUTE TO CAPTAIN JOSEPH Madam Speaker, I hope my colleagues will the volunteer coaches that led this team to MCCLAIN join me today in recognizing the outgoing victory—Robert Brewington, Kevin Hayes, and president of the Association of Rehabilitation Thomas Odum—as well as the parents of Nurses, Linda Pierce, for her dedication and each player and the Lumberton community as HON. exemplary work in the field of rehabilitation a whole for supporting these young baseball OF MISSOURI nursing. We thank you Ms. Pierce for your on- players as they worked to achieve their IN THE HOUSE OF REPRESENTATIVES going service to the healthcare profession. dream. Wednesday, September 22, 2010 f Madam Speaker, I rise today to ask my col- leagues to join me in recognizing the Lum- Mr. SKELTON. Madam Speaker, let me A STATEMENT IN RECOGNITION berton All-Star Majors National Championship take this means to recognize and congratulate OF THE LUMBERTON ALL-STAR team, and wishing them the very best in all of an outstanding Naval Officer, Captain Joseph MAJORS TEAM BEING NAMED their future endeavors. McClain, for the successful completion of 29 NATIONAL CHAMPIONS AT THE years of distinguished Naval service, culmi- f 2010 DIXIE YOUTH MAJORS nating with his position as the Director of the WORLD SERIES IN HONOR OF SISTER CATHERINE U.S. House of Representatives Liaison Office PINKERTON in the Department of the Navy’s Office of Leg- HON. MIKE McINTYRE islative Affairs. I am honored to commend OF NORTH CAROLINA HON. DENNIS J. KUCINICH Captain McClain’s achievements and recog- nize his devotion to our great Nation. IN THE HOUSE OF REPRESENTATIVES OF OHIO IN THE HOUSE OF REPRESENTATIVES A 1982 graduate of the United States Naval Wednesday, September 22, 2010 Academy, Captain McClain earned his wings Wednesday, September 22, 2010 Mr. MCINTYRE. Madam Speaker, it is my in 1983 and was designated a Naval Flight Of- great pleasure to rise today to ask you to join Mr. KUCINICH. Madam Speaker, I rise ficer. He has sailed around the world flying the me in recognizing the Lumberton All-Star Ma- today in honor and recognition of Sister Cath- S–3 Viking and has served in four squadrons jors team of Lumberton, North Carolina, on erine Pinkerton, whose unwavering advocacy aboard four different aircraft carriers. being named National Champions at the 2010 on behalf of numerous social justice issues Captain McClain served as the Executive Dixie Youth Majors World Series. provides strength, hope and a powerful voice Officer and Commanding Officer of the Blue Each year, the Youth Baseball Association to the most vulnerable citizens of our society. Wolves of VS–35. During this tour, he adeptly in my hometown of Lumberton, North Caro- Sister Catherine’s life and work continues to led his squadron on two successful deploy- lina, participates in Dixie Youth Baseball in the reflect a lifelong passion for raising the lives of ments aboard USS Abraham Lincoln (CVN Coach Pitch (7–8 year olds), Minors (9 and 10 others through teaching, lobbying and orga- 72). Under his leadership, the Blue Wolves year olds), and Majors (11 and 12 year olds) nizing. She began turning her faith into action were awarded the Battle ‘‘E’’ for operational classifications. Each baseball season con- early on, as a student at St. Joseph Academy excellence within the Air Wing, the Golden cludes with the formation of an All-Star team high school in Cleveland, where she volun- Wrench for maintenance superiority, and the chosen by coaches for each of those classi- teered to assist the poor and disadvantaged at Pacific Fleet Retention Award. He later re- fications. These All-Star teams participate in the Dorothy Day Catholic House of Hospitality. turned to command Sea Control Wing Atlantic, district and State tournaments. After graduating from St. Joseph, she entered again displaying inspirational leadership for This year, the Lumberton All-Star Majors the Sisters of St. Joseph convent in Cleve- thousands of sailors and skillfully leading the team won both its district and State tour- land, where she began her journey as a Sister Viking community through a majority of its naments without losing a single game. The in the Roman Catholic faith. She taught at St. Sundown. team went on to win the 2010 Dixie Youth Ma- Joseph’s, and eventually became an adminis- In his final assignment, Captain McClain jors World Series held in Gonzalas, Louisiana, trator within the Order. Sister Catherine was stood honorably in the shoes of every sailor finally earning the title of National Champions soon elected President of the St. Joseph com- worldwide as he advocated on their behalf and on August 12, 2010. This is the third time that munity. Her focus on issues of poverty, rac- ensured the continued success of the Navy. a North Carolina team has earned this title ism, sexism and other social justice issues, Captain McClain retires after 29 years of since 1956. It is remarkable that each of these combined with her strong intellect and excel- honorable service to this Nation. His profes- three North Carolina championship teams has lent leadership skills, guided her through nu- sional success would not have been possible come from North Carolina’s Seventh District. merous trips to Washington DC, fervently lob- without the steadfast support of his wife, Additionally, the team won the ‘‘Around-the- bying for legislation to elevate and empower Deanna; sons, Joshua and Jeremy; and Horn Relay’’ during opening ceremonies and women, minorities and the poor. daughter, Allison. Their shared sacrifice is a one of its members, Daniel Oxendine, hit six- On Capitol Hill, Sister Catherine’s work fo- credit to their personal character. teen home runs to win the ‘‘Home Run cused on fair housing, health care reform, civil Madam Speaker, I wish Captain McClain Derby.’’ Most importantly, however, throughout rights initiatives, and family and medical leave continued success and fulfillment as he transi- their weeks of practice and competition, each legislation. In meeting rooms and on the tions to civilian life after nearly three decades player and coach conducted himself in a man- House floor, Sister Catherine promoted NET- of service. I trust my fellow members of the ner that reflected the values of the people of WORK—a women-led Catholic social justice House will join me in saluting this outstanding Lumberton, North Carolina. lobby that collects and analyzes critical data Naval Officer.

VerDate Mar 15 2010 06:32 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 0626 Sfmt 0634 E:\CR\FM\A22SE8.047 E22SEPT1 pwalker on DSK8KYBLC1PROD with REMARKS September 22, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1707 HONORING RECIPIENTS OF 2010 space for locals to gather to mark a special courts, feature articles, general assignments THIRD DISTRICT EXCELLENCE IN occasion. The efforts of this couple in pro- and obituaries. He also held the title of Assist- ECONOMIC DEVELOPMENT viding essential community services contribute ant City Editor and for decades was deeply AWARD to sustaining the community. connected to the inner circles within Cleve- Barb Sprague (Red Cloud): Barb has given land’s political and social scenes. Thanks to HON. ADRIAN SMITH selflessly to the Red Cloud community through his experience and knowledge, Mr. Bean was OF NEBRASKA public service, school involvement, and faith- the reporter who uncovered stories that no IN THE HOUSE OF REPRESENTATIVES based events. She has recently initiated a one else could break. leadership group in Red Cloud which has re- Wednesday, September 22, 2010 Mr. Bean was a colorful character known for sulted in receiving grant funding to promote his humor, wit and kindness. He was also Mr. SMITH of Nebraska. Madam Speaker, I business development in the community. known as a great mentor and friend to col- rise today to honor eleven individuals, organi- Heartland Shooting Park (Grand Island): leagues. Mr. Bean covered the major stories zations and businesses from Nebraska for re- Created primarily through private donations that helped shape the history of Cleveland, in- ceiving the 2010 Third District Excellence in and thousands of volunteer hours, this city-op- cluding the Hough and Glenville Riots and the Economic Development Award. erated shooting park has been the site of sev- Dr. Sam Sheppard murder trial. Mr. Bean was Nebraska, like many rural states, unfortu- eral national competitive events, including the relentless in his pursuit of the truth; his report- nately has seen a ‘‘brain drain’’ in recent years U.S. Practical Shooting Area 3 Championships ing consistently demonstrated honesty, integ- and, now more than ever, needs entre- and the National 4–H Invitational, bringing rity and fairness. In 1983, he selflessly shared preneurs and innovators. hundreds of visitors to the region. his own personal struggles with alcohol in a In June, I called for nominations for individ- Apogee Retail, LLC (Columbus): Apogee piece he wrote for the Plain Dealer, giving uals, businesses, and organizations which employees conduct outbound phone calls on hope and inspiration to countless readers. He have helped strengthen Nebraska commu- behalf of various charities requesting dona- was also a lifelong blood donor. nities. These entrepreneurs do more than just tions of household and clothing items. The Co- Madam Speaker and colleagues, please join build successful businesses. They host charity lumbus facility employs more than 600 area me in honor and remembrance of Mr. Donald events, serve on local chambers of commerce, residents and has been recognized for hiring Lee Bean. I offer my condolences to his wife, and shape the character of our towns and cit- and training employees with disabilities. Olga; to his daughter, Nadine; to his sons, ies. Thompson Wildcat Trailers (Albion): Curtis The nominations came from many different Matthew and Scott; to his six granddaughters Thompson, a junior at Boone Central High and one great-granddaughter; and to his many people, from teenagers starting their own busi- School, designs, builds, and modifies custom ness to leaders in the business communities. extended family members and numerous trailers. He has utilized his skills in welding friends. Mr. Bean lived his life with a generous All of the nominees have shown they are striv- and wiring to start his business. Following ing to help their home towns succeed into the heart and love for family and friends. He will graduation, he plans to expand his business always be remembered by those who knew future. through continued training in diesel mechan- Hartelco (Hartington): This firm has contrib- and loved him, and I count myself as one ics. those who loved him. uted significant economic growth and business I am proud to be able to recognize all of the retention in rural Nebraska by supplying state- honorees today and I thank them for their f of-the-art telecommunications infrastructure, service to Nebraska. including plans for all businesses and resi- f HONORING MARTY DICKENS dents to be connected to fiber optics. The company recently completed a $1.5 million PERSONAL EXPLANATION dollar office building and donates manpower, HON. MARSHA BLACKBURN equipment, and time to community projects. HON. ELEANOR HOLMES NORTON OF TENNESSEE Ward Laboratories, Inc. (Kearney): This OF THE DISTRICT OF COLUMBIA IN THE HOUSE OF REPRESENTATIVES company provides agricultural testing of soil, IN THE HOUSE OF REPRESENTATIVES plant, and fertilizer samples which lead to Wednesday, September 22, 2010 more informed land management practices. Wednesday, September 22, 2010 Mrs. BLACKBURN. Madam Speaker, I rise The company, through principles based on Ms. NORTON. Madam Speaker, on Sep- today to honor Marty Dickens on his receiving science, has contributed to the economic ad- tember 16, 2010, I was not able to be present the Joe and Honey Rodgers Leadership vancement of many rural areas in Nebraska. for votes on amendments to H.R. 4785, the Award. Named for Honey and the late Joe Green Revolution Handbags (Albion): Rural Energy Savings Program Act. Had I Rodgers, former United States Ambassador to Lauren Bygland, a Boone Central High School been present, I would have voted ‘‘aye’’ on France, it is fitting this award honor Marty senior, produces fashionable purses made of Rollcall No. 529. Dickens. From hosting international students, recyclable materials—including film strips, rice f bags, and playing cards. She will continue her to leading major corporations, to serving on earth-friendly design business while majoring IN HONOR AND REMEMBRANCE OF local boards, Dickens shares the drive and ex- in business in college. DONALD LEE BEAN ample set forth by Ambassador Rodgers. Don Freeman (York): Don Freeman has fol- Following the vision of evangelist Billy lowed his family tradition of community service HON. DENNIS J. KUCINICH Graham, the Operation Andrew Group was for over 50 years, both as a business owner OF OHIO launched to meet the spiritual and social needs of Middle Tennessee. Bringing together and by serving on many community boards. IN THE HOUSE OF REPRESENTATIVES He has contributed to job creation through ex- 250 churches, from a broad spectrum of Wednesday, September 22, 2010 pansion of his own company, and by sup- Christian faiths, the Operation Andrew Group porting the economic development efforts of Mr. KUCINICH. Madam Speaker, I rise seeks to unify faith-based organizations to act the region. today in honor and remembrance of Mr. Don- as the catalyst for change. Operation Andrew Tracee Ford/Stacey Adamson (Cody/Kil- ald Lee Bean, a devoted husband, father and Group’s first major outreach project, The Gath- gore): These two teachers worked with stu- friend. His life reflected his love for family and ering, attracted over 8,000 attendees in joint dents to secure grant funding, along with com- friends and an unwavering dedication to jour- worship and praise. Similar events are held munity contributions to start a student busi- nalism. annually to focus the faithful of Middle Ten- ness incubator, including a student-run and Mr. Bean grew up in Northfield as one of nessee on the mission of the Almighty. community-owned grocery store. The project five boys. He served for four years in the U.S. I appreciate all the churches, businesses, has revitalized the area and serves as an ex- Air Force, and then he enrolled at Kent State and civic agencies who from their offerings ample of education in entrepreneurship bring- University, where he graduated in 1954. He meet the changing needs of growing commu- ing economic opportunities to rural areas. worked for several Cleveland news outlets, in- nity. I also appreciate Marty Dickens for his Sandhills Country Door Cafe´ and Coffee cluding the Cleveland Press, Cleveland News dedication to Nashville and the surrounding House (Mullen): Tim and Jennifer Macke have and a number of radio stations before joining community. I ask my colleagues to join me in offered locals a place to get home cooked the Plain Dealer in 1961. As a reporter for the thanking Marty Dickens for his outstanding meals, specialty drinks, computer repairs, and ‘PD,’ Mr. Bean covered all sections of the leadership, commitment to character, and con- local greeting cards—as well as providing a paper, including crime, City Hall happenings, sistency in living the Christian faith.

VerDate Mar 15 2010 06:24 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 0626 Sfmt 0634 E:\CR\FM\A22SE8.050 E22SEPT1 pwalker on DSK8KYBLC1PROD with REMARKS E1708 CONGRESSIONAL RECORD — Extensions of Remarks September 22, 2010 CELEBRATING THE 25TH ANNIVER- Roll No. 519—‘‘yea,’’ Roll No. 520—‘‘yea,’’ the HEALTHSOUTH Personal Achievement SARY OF THE PRIDE FOUNDA- Roll No. 521—‘‘yea,’’ Roll No. 522—‘‘yea,’’ Award for his unparalleled strength and excep- TION Roll No. 523—‘‘yea,’’ Roll No. 524—‘‘yea,’’ tional perseverance. On January 25th, Mr. Roll No. 525—‘‘yea,’’ Roll No. 526—‘‘nay,’’ Morrissey was involved in a traumatic accident HON. JIM McDERMOTT Roll No. 527—‘‘nay,’’ Roll No. 528—‘‘yea,’’ in Altoona, Pennsylvania while operating a OF WASHINGTON Roll No. 529—‘‘yea,’’ Roll No. 530—‘‘nay,’’ cardboard crusher. He was flown by medical IN THE HOUSE OF REPRESENTATIVES Roll No. 531—‘‘yea.’’ helicopter to Penn State Milton S. Hershey Wednesday, September 22, 2010 f Medical Center, and immediately underwent Mr. MCDERMOTT. Madam Speaker, I rise CONGRATULATING SAHIL surgery, which resulted in the amputation of today to offer special recognition of the Pride KHETPAL ON 2010 DAVIDSON both legs. Will has made an amazing recovery Foundation on the occasion of its 25th anni- FELLOWSHIP and is now ambulating with bilateral prosthesis versary. Since 1985, the Pride Foundation, and no assistive device. through creation and administration of a vi- HON. SAM JOHNSON Will’s perseverance and determination brant lesbian, gay, bisexual, transgender OF TEXAS throughout his path to recovery has served as (LGBT) charitable legacy, has helped to unify IN THE HOUSE OF REPRESENTATIVES an inspiration to us all. Staff and patients of and to strengthen the Northwest LGBT and al- Wednesday, September 22, 2010 The HealthSouth Rehabilitation Center were lied communities. Mr. SAM JOHNSON of Texas. Madam moved to tears when Will proudly walked In 1985, nonprofit organizations serving the Speaker, it is my privilege to congratulate through the halls with his new sneakers that needs of the LGBT community were rare. Sahil Khetpal, 17, of Plano, Texas on being he proudly wore. Those that did exist struggled for financial sta- named a 2010 Davidson Fellow by the David- Will has risen above adversity and lifted bility while also facing daunting challenges, son Institute for Talent Development. not the least of which was the emergence of himself to a stature that we should all emulate Davidson Fellowships, offered by the Insti- in our daily lives. I would like to wish Willard HIV/AIDS. At that time, no scholarships ex- tute since 2001, are honors given to only the isted to help LGBT students pursue higher the best of luck in his path to recovery. I know very best of America’s very brightest. As one that my words reflect the feelings of all citi- education. To address these challenges, a of just 20 young people to receive the des- small group of concerned citizens founded the zens of our nation when I say that Willard ignation this year, Sahil Khetpal certainly fits Morrissey is an inspiration to us all. LGBT community’s own philanthropic organi- that distinguished category. zation. The Pride Foundation created an en- He is a recent graduate of the Texas Acad- dowment that would be prudently managed emy of Mathematics and Science (TAMS), an f and professionally administered—a place advanced program for high school students of- IN HONOR AND REMEMBRANCE OF where the LGBT community and its supporters fered through the University of North Texas. JAMES M. ANDREWS, SR. could confidently contribute knowing full well During his time at TAMS, Sahil took the spe- that their donations would not only be used in cialized, college-level coursework necessary to accordance with the donor’s wishes, but would fuel his Davidson Research Project, ‘‘Carbon HON. DENNIS J. KUCINICH also leave an enduring legacy for future gen- Nanotubes as a Cancer Drug Delivery Sys- erations. tem.’’ OF OHIO In 1987, the Pride Foundation awarded its In his project, which was motivated by the IN THE HOUSE OF REPRESENTATIVES first organization grants, totaling $7,654. tough experience of watching several family Today, the Foundation grants hundreds of members fight cancer, Sahil developed a Wednesday, September 22, 2010 thousands of dollars every year. In 1993, the nanotube based drug-delivery system that can Pride Foundation started its scholarship pro- be used for both chemotherapy and photo- Mr. KUCINICH. Madam Speaker, I rise gram, giving $3,680 the first year. Since then, therapy of cancer. His innovative system has today in honor and remembrance of James M. the program has become one of the nation’s the potential to treat cancerous tumors more Andrews, Sr., a loving husband, father, grand- largest LGBT scholarship funds. To date, the efficiently and effectively with fewer side-ef- father, veteran and protector of the people of Pride Foundation has raised and invested fects, and it could even allow for earlier diag- the City of Cleveland as a firefighter for thirty more than $8 million in hundreds of nonprofit nosis in some cases. In short, this outstanding years. organizations and individual students. In re- young man’s work will likely save lives. Mr. Andrews joined the Cleveland Fire De- Using his talent and voice to help others is cent years, the Pride Foundation has broad- partment on July 1, 1960. He was committed not a new concept for Sahil. In the midst of a ened its reach beyond Seattle to the entire to the safety and wellbeing of Cleveland resi- strenuous coursework and research load, he State of Washington as well as to Alaska, dents as well as his fellow firefighters. He was made time to co-found and serve as copresi- a thirty-year member of the Cleveland Fire- Idaho, Montana, and Oregon. dent of the local branch of Invisible Children, The Pride Foundation has enriched tens of fighters Union, Local 93 and served on the Ex- an organization that raises awareness of the thousands of lives, and has touched those ecutive Board from 1970 to 1990. He served conflict taking place in Northern Uganda. who give and those who receive. It has sus- Sahil is currently continuing his higher edu- as Secretary from 1970 to 1979, as President tained countless students, strengthened many cation at the University of Pennsylvania where from 1980 to 1989 and was named President valued non-profit organizations, and helped to he is a double-major in business and chemical Emeritus in 1990. improve the quality of life in the Pacific North- engineering. This incredibly talented, hard- In addition to his devotion to serving our west. Today, I rise to offer my thanks and con- working young man is an exceptional rep- community, Mr. Andrews’ devotion to family gratulations to the Pride Foundation for 25 resentative of Texas’ Third Congressional Dis- was unconditional. He was the beloved hus- years of inspiring work and a legacy that will trict, and it is my distinct honor to enter his ac- band of Joan and loving father of Anne, impact generations to come. complishment into the CONGRESSIONAL James Jr., Katherine, Joseph and Ellen. He f RECORD for posterity. was the cherished grandfather of Jennifer, PERSONAL EXPLANATION To Sahil Khetpal, 2010 Davidson Fellow, Elizabeth, Emily, Mary, James III, Angela, congratulations and God bless you! Claire, Joseph and Nicholas and father-in-law HON. ADAM H. PUTNAM f of Terrance, Mary Brigid, Robert and Stephen. OF FLORIDA HONORING WILLARD MORRISSEY He was also the beloved brother of Sister IN THE HOUSE OF REPRESENTATIVES Mary Ann and uncle, friend and mentor to Wednesday, September 22, 2010 HON. BILL SHUSTER many. Mr. PUTNAM. Madam Speaker, the week of OF PENNSYLVANIA Madam Speaker and colleagues, please join Tuesday, September 14, 2010, through Thurs- IN THE HOUSE OF REPRESENTATIVES me in honor and remembrance of firefighter day, September 16, 2010, I was not present Wednesday, September 22, 2010 James M. Andrews, Sr. Mr. Andrews served for thirteen recorded votes. Had I been Mr. SHUSTER. Madam Speaker, I rise our community and our nation with commit- present, I would have voted the following way: today to honor Willard Morrissey, recipient of ment and excellence. Mr. Andrews lived his

VerDate Mar 15 2010 06:24 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A22SE8.053 E22SEPT1 pwalker on DSK8KYBLC1PROD with REMARKS September 22, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1709 life with great love and devotion to his family Scott Fleming was a sophomore at Blessed country’s beginnings and define our Nation’s and his service has made our community a Trinity High School in Roswell, GA on Sep- character. Our Founding Fathers were in better place for all residents. tember 11, 2001. It was those attacks that led many cases, men such as these—men of sub- stance—whose character was born out of sac- f him to the decision to join the Marines. He rifice and moral conviction. They understood began his training just two weeks after grad- and rejected the yoke of oppression—they RECOGNITION OF WILLIE WATSON uating from LaGrange College with a degree FOR HIS SERVICE TO COUNTRY knew full well the heavy price that must be in Education. paid to earn and maintain their freedom. AND COMMUNITY 1st LT. Fleming will be buried at Arlington Their vision enabled the creation of a radi- National Cemetery with full military honors. He cally new concept in the world—a nation, HON. MARY JO KILROY is survived by his father, Joseph and mother, governed by and subservient to its people, OF OHIO Joanne; wife, Brandi; and sister, Andrea. committed to the ideals of freedom, equal- IN THE HOUSE OF REPRESENTATIVES ity, and justice for all. The ultimate mani- Madam Speaker, it is with the greatest re- festation of our forefathers’ ideals can be Wednesday, September 22, 2010 spect and admiration that we honor 1st Lt. seen in the instrument that established the Ms. KILROY. Madam Speaker, I rise today Fleming’s sacrifice on behalf of our nation. He American experiment in freedom: our Na- to honor Willie Watson who is a great commu- is a hero to his countrymen, his family, and his tion’s Constitution. fellow Marines. He reminds us that America is The pure genius of the U.S. Constitution nity member, a proud father, and a patriot. In still evokes awe in us today. Apart from the our country’s time of need, Mr. Watson brave- blessed to have so many young men and women willing to stand up and fight to pre- freedoms extended to us in its Bill of Rights, ly and fearlessly enlisted to serve in the mili- the Constitution also serves as the source tary and became a member of one of the most serve our precious freedoms. Our thoughts document from which we derive our mili- inspiring and decorated Air Force squadrons and prayers are with his family and all our tary’s authorities. The governmental road- of our time, the Tuskegee Airmen. Despite military families, whose selfless dedication to map established by the Constitution clearly racism and bigotry in the country, Mr. Watson this Nation is an inspiration to us all. delineates the military’s subservient role to and his fellow airmen selflessly devoted them- f the people and civilian authority of the mili- tary. Indeed, the Constitution establishes a selves to fight for our nation. MILITARY APPRECIATION DAY RE- client relationship between the military and Mr. Watson served as a Service Master for MARKS BY LTG ROBERT L. the citizens of this Nation. Our client status over twenty years. During WWII, Mr. Watson CASLEN, JR. requires us to maintain a healthy and con- was sent into battle for one of the most fidence-inspiring relationship with our harrowing and brave missions: to life-flight bosses. Trust is, and always has been, the wounded soldiers off the battlefield. He per- HON. IKE SKELTON cornerstone of this relationship. Said an- formed these duties faithfully and honorably OF MISSOURI other way, it is incumbent on all of us in uniform to earn your trust and then to main- and after 20 years of work, retired from serv- IN THE HOUSE OF REPRESENTATIVES tain it. ice. Wednesday, September 22, 2010 We in the Army know all too well the As a young man, Mr. Watson and his fellow heavy price that must be paid for failing to airmen became America’s first African-Amer- Mr. SKELTON. Madam Speaker, on August maintain the trust of the people. ican military airmen. These brave young men 15, 2010, LTG Robert L. Caslen, Jr. spoke at In the aftermath of our Nation’s last per- enlisted or joined from all over the country and the Missouri State Fair in Sedalia, Missouri, sistent conflict, Vietnam, our Army faced a trained to become fighter pilots, mechanics, regarding Military Appreciation Day. His re- crisis of trust. Our relationship with the engineers, intelligence analysts, and para- marks are set forth below. American people had been strained and as an institution, it required us to become intro- chute riggers, among many other specialties. MISSOURI STATE FAIR—MILITARY APPRECIA- TION DAY—LTG ROBERT L. CASLEN, JR.— spective and examine all facets of what de- From 1941 to 1946, nearly 1,000 pilots grad- fined us ethically as a profession. And as a uated from the Tuskegee Air Force School, MISSOURI STATE FAIRGROUNDS, SEDALIA, MO—15 AUGUST 2010 result, we enacted sweeping internal reforms and four hundred fifty of them served over- and reinforced our Professional Military seas. These fighters had many accomplish- Good afternoon. Thank you for that kind Ethic in our professional military education. introduction. It is always great to visit the ments including flying over 15,000 sorties into But this took time and it was only after Show-Me State and Sedalia. It gives me an many years of demonstrated adherence to enemy territory, accomplishing a nearly perfect excuse to stop by the ‘‘Wheel Drive-in’’ and record for not losing U.S. bombers, and de- our Nation’s principles and values that we get myself a ‘‘Goober Burger’’. I want to were able to restore the trust of the Amer- stroying 112 German airplanes. thank Governor Nixon and Congressman ican people. These men not only faced a war abroad, but Skelton for their inspiring words and pres- I would offer that the key ingredient that also challenges at home because of segrega- ence here today as we honor our Military He- makes this difference is leadership. Leader- tion and racism. Their struggle eventually con- roes past and present. I am truly honored ship grounded in the principles of a Profes- tributed to the desegregation of American so- and humbled to be asked to speak with you sional Ethic—whose foundation can be found ciety and their patriotism was rewarded with today on such a momentous occasion for our in the ideals and precepts of our Constitu- Nation’s military. several honors, most notably on March 27, tion. One of our Nation’s defining Presidents, Our leaders today at every level of the 2007, when the Tuskegee Airmen received the Abraham Lincoln, once said, ‘‘Let us have Army face extraordinarily complex and un- Congressional Medal of Honor. faith that right makes might, and . . . dare certain situations on a daily basis. Con- On September 23, 2010, a ceremony will be to do our duty as we understand it.’’ fronted by these unique and taxing cir- held to honor Mr. Watson’s incredible life. His These words epitomize our military’s eth- cumstances, influenced by character, values, dedication and service inspired a generation, ical charter, extended to us by the American and a collective ethic, our leaders invariably and I am proud to recognize Willie Watson, people, and defined by the ideals and pre- will strive to make the right decisions, and whose service to our country in its time of cepts of our Constitution. As we enter our thus preserve the trust we must maintain 9th year of continuous war, our Nation faces need will never be forgotten. with the clients whom we serve. an uncertain future—a future that will most But it is not easy and this has not always f certainly require the service and continued been the case. Take Abu Ghraib for exam- HONORING MARINE 1ST LT. SCOTT sacrifice of our Nation’s military men and ple—where we saw a failure of leadership re- women. As our Nation and its military em- FLEMING sult not only in a loss of confidence, but in bark into this uncertain future, we must the rallying of extremist Islam to join the ever be mindful of President Lincoln’s Jihad. Fortunately this leadership failure HON. TOM PRICE words—to solemnly do our moral duty and was countered by the great work of many OF GEORGIA earnestly hope that ‘right makes might’. other leaders over a number of years. IN THE HOUSE OF REPRESENTATIVES As Americans, we are a people defined by Our Nation’s military is a reflection of our moral character. Indeed, many of our you—the people of the United States. Our Wednesday, September 22, 2010 forefathers came here in order to flee reli- military is an all volunteer force, comprised Mr. PRICE of Georgia. Madam Speaker, I gious persecution in their native lands. of citizens from all walks of life throughout rise in honor of 1st Marine Lt. Scott Fleming These immigrants, from the Pilgrims to the our country. We are a microcosm of our soci- Quakers to the Mennonites, boldly forged ety—where all our country’s races, religions, who gave his life September 17, 2010, while out new lives for themselves in the frontiers and creeds—equally share in the task of de- supporting combat operations in the Helmand of America. Many of Missouri’s early pio- fending our Nation and its Constitution. Province of Afghanistan. His unit was con- neers were just such people. Consequently, our military’s character and ducting pre-election security operations when Our forefathers’ hard work, perseverance ethic is a reflection of your own. We stand he was struck by enemy small arms fire. and strong moral ethic helped shape our for the principles and values that you and

VerDate Mar 15 2010 06:24 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 0626 Sfmt 0634 E:\CR\FM\K22SE8.026 E22SEPT1 pwalker on DSK8KYBLC1PROD with REMARKS E1710 CONGRESSIONAL RECORD — Extensions of Remarks September 22, 2010 our Nation hold dear. We are always mindful After the last of the employees had evacu- rectory, today it is a hallmark of superior edu- that our actions and undertakings should, at ated the South Tower, he took his security cation for nearly 500 students. In conjunction all times, reflect this fact. Our all-volunteer team back into the building to make a final with their mission of providing a strong spir- military is comprised of your neighbors, sweep to ensure everyone had escaped safely. friends, and relatives, who have answered When one of his colleagues urged him to itual and academic foundation, the highly edu- America’s call to service during a time of evacuate as well, Rescorla replied, ‘‘As soon cated teaching population at Saint Cecelia war. as I make sure everyone else is out.’’ He was Interparochial School inspire students to I would like to tell you the story of one last seen alive on the tenth floor, moving to- achieve at a high level as they undertake core such American that answered America’s call wards danger much in the same way he had instruction in religion, math, language arts, to service during war: done 36 years prior at the Battle of Ia Drang. science, and social science with further enrich- Rick Rescorla was not born of this coun- Rick Rescorla certainly knew the mortal try. He came to this country from his native ment offered through courses in the fine arts, danger he faced, yet did his duty for his fel- language, and technology, as well as clubs, England in 1963, and entered the United low man. States Army shortly thereafter. His natural Rick Rescorla was not the last hero to die ministries and service projects. leadership abilities were identified early on. in our Nation’s Global War on Terror. His ac- It is no small feat for a school to receive the Having graduated from Basic Training, Rick tions along with hundreds of others that mo- distinguished honor of the Blue Ribbon Award. was selected to attend Officer Candidate mentous day sparked a renewed era of sac- In fact, Saint Cecelia Interparocial Catholic School and Airborne training at Fort rifice and service in our country. School was one of just 50 private schools Benning, Georgia. Upon graduation Rick was Many in this country do not yet fully real- assigned to 2d Battalion, 7th Cavalry Regi- throughout the nation to receive this distinc- ize the incredible value and impact that this ment, 1st Cavalry Division. It was here that tion. Their effective school leadership and ap- 9/11 generation is having, and will continue he would learn lasting lessons in service and proach to education has led to a culture of ex- to have, on our society—for they are a hum- sacrifice. cellence and a population of high performing ble, resilient and selfless generation. They In November 1965 a young 2LT Rick students. Rescorla found himself leading his men dur- all remember exactly where they were 9 years ago when the planes went into the As Saint Cecelia’s proudly raises the Blue ing America’s first major battle of the Viet- Ribbon flag on its campus, may those in our nam War, the Battle of Ia Drang. The battle World Trade Center, and into the field in PA, was a vicious, guttural affair, and was viv- and into the Pentagon. They are volunteers community and across the nation be reminded idly described by the commanding officer of all of them, and our Country has placed the of the good work done there each day to im- the battle, LTC Hal Moore, and war cor- security of our Nation on their backs, again, prove the quality of life for every child passing respondent Joe Galloway in their book, We and again, and again. And yet despite the re- through and look to this school as a model of Were Soldiers Once . . . and Young. peated sacrifices, they have answered the exemplary educational practices. In the book, Moore described Rescorla as call to duty each time, and stood in the gap ‘‘the best platoon leader I ever saw.’’ between the evil that is out there and our f Rescorla’s men nicknamed him ‘‘Hard Core’’ way of life. They have never wavered or HONORING LEWISTON-ALTURA questioned. They quietly stand among the for his bravery in battle, and revered him for ELEMENTARY SCHOOL his good humor and compassion towards his generations of Americans that have gone be- men. fore, standing in the gap between the evil Shortly after the Battle of Ia Drang com- that is out there, and the values of our Na- HON. TIMOTHY J. WALZ menced, Rescorla was ordered to move out to tion and our way of life. OF MINNESOTA seize the high ground surrounding the land- I have no doubts that history will glori- IN THE HOUSE OF REPRESENTATIVES ing zone. He immediately led his platoon for- ously record their service and sacrifice, for it ward through the brush towards an enemy has protected the free world from tyranny Wednesday, September 22, 2010 that they knew was lying in wait. As he did and evil, and has restored freedom and in- this, his image was captured by a combat spired hope where it was absent. As was the Mr. WALZ. Madam Speaker, I rise today to cameraman—this iconic photograph adorns case with our forefathers, they do not seek recognize the accomplishments of Lewiston- the cover of Moore and Galloway’s book. In exclusion and intolerance and violence, but Altura Elementary School in Lewiston, Min- the picture, his face muscles are taut and rather they seek moderation, and tolerance, nesota. eyes wide under the brow of his helmet. His and inclusion. They protect, defend, and ad- Last week, Lewiston-Altura Elementary eyes look almost white because they are vocate for the downtrodden and defenseless. School was named one of two schools from open so wide . . . intense anxiety is plainly They are indeed a reflection of you—the the First District of Minnesota to be designated evident in LT Rescorla’s face. He is very American people. as a 2010 National Blue Ribbon School. clearly afraid . . . afraid that his life may be In closing, I ask that we all remember This award recognizes exemplary schools snuffed out at any moment, yet he moves those service members who have paid the ul- with his M–16 at the ready, clenched firmly timate sacrifice in defense of our Nation. We like Lewiston-Altura Elementary where stu- in his hands, its bayonet fixed—a Soldier du- are forever indebted to them for their service dents have made significant progress and the tifully doing what is asked of him despite and sacrifice. gaps in achievement, especially among dis- the danger. May we also remember those that are, at advantaged and minority students, have de- The picture—captured in a moment of des- this very moment, standing watch for us creased. Schools that receive this award truly peration and sheer terror—is a powerful around the globe in the name of freedom and exemplify the belief that every child has prom- image of a Soldier doing his duty in combat. democracy. It’s quite probable that LT Rescorla didn’t ise and must receive a high-quality education. God bless the great state of Missouri. As a teacher on leave from Mankato West, really know why it was necessary to move May God bless and protect our Service his platoon forward and take the high members in harm’s way, as well as their fam- I know that achieving success for all students ground, but he felt a compelling responsi- ilies back home. takes a commitment from the entire school, bility both to his fellow Soldiers and unit to And may God continue to bless the United from the principal to the counselors to the do his duty. Rescorla did his duty that day States of America. teachers. When students see every adult in earning a Silver Star for his valor. Yet, this Army Strong. their school dedicated to their success and was not the last time that his nation would require his service and his ultimate sacrifice. f achieving a higher goal, they are motivated to The final chapter of the Rick Rescorla do their best. story is even more moving. On September 11, CONGRATULATING SAINT CECELIA This is exactly what Lewiston-Altura Ele- 2001, Rick was serving as Vice President of INTERPAROCHIAL CATHOLIC mentary has done for its students. Under the Security for Morgan Stanley Dean Witter in SCHOOL leadership of Principal David Riebel, they have its headquarters in the South Tower of the focused on building relationships with every World Trade Center in New York City. After the building was struck on that fateful HON. GUS M. BILIRAKIS student, identifying struggling students early morning, Rescorla calmly and expertly di- OF FLORIDA and setting high standards for achievement. rected over 2700 employees to safety down IN THE HOUSE OF REPRESENTATIVES This award recognizes what the Lewiston- the fire escape stair wells of the South Altura community already knows—Lewiston- Tower. Rescorla also oversaw the evacuation Wednesday, September 22, 2010 Altura Elementary is a place where every stu- of another 1000 employees from the World Mr. BILIRAKIS. Madam Speaker, I rise dent, no matter their background, can fulfill Trade Building #5. When an old Army buddy, today to congratulate Saint Cecelia Interparo- their potential. Lewiston-Altura Elementary is Dan Hill, reached him on the phone that day, chial Catholic School for receiving the Depart- an outstanding model of achievement for Rescorla could be heard barking orders calm- ly and collectedly through a bullhorn. He ex- ment of Education’s esteemed designation of schools across Minnesota and the country. horted his fellow employees to ‘‘be proud to a 2010 National Blue Ribbon School. Madam Speaker, please join me in honoring be Americans . . . everyone will be talking Founded in 1948 with only 60 students Lewiston-Altura Elementary School for its about you tomorrow.’’ meeting in the renovated Saint Cecelia Church dedication to the students of Lewiston.

VerDate Mar 15 2010 06:24 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 0626 Sfmt 0634 E:\CR\FM\A22SE8.057 E22SEPT1 pwalker on DSK8KYBLC1PROD with REMARKS September 22, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1711 HONORING LANCE CORPORAL SOUTH ALABAMA HONOR FLIGHT Parker, Jr., Helen Pearson, Robert Philips, JEFFREY COLE, USMC FOUR ARRIVES IN WASHINGTON, Walter Prodouz, Harry Read, Nelson Richard- DC son, Thomas Robinson, Leonard Rose, John Rouse, Columbus Sanders, Jr., Robert P. HON. TOM PRICE HON. JO BONNER Scott, Robert T. Scott, William Simpson, Jr., John Sims, Anthony Skivo, Jr., Norman Sny- OF GEORGIA OF ALABAMA IN THE HOUSE OF REPRESENTATIVES der, Cecil Sossaman, Sr., Thomas Southall, IN THE HOUSE OF REPRESENTATIVES Floyd Stahl, Bernie Steele, Lloyd Stennett, Wednesday, September 22, 2010 Harold Stevens, Sr., William Summersgill, Wednesday, September 22, 2010 Mr. BONNER. Madam Speaker, it is with Cecil Tanner, Albert Thompson, Frank Tindall, great pride that I recognize Honor Flight South Mr. PRICE of Georgia. Madam Speaker, Roger Turnquist, James VanDevender, Lam- Alabama and the World War II veterans this bert Waltman, Orville Wenzel, Sr., Clarence today I ask the House to recognize the service very special organization is bringing on its Wheeler, David Whitten, Thomas Wilson, Rob- and sacrifice of Lance Corporal Jeffrey Cole, fourth flight to Washington, DC on September ert Wilson, Sr., Harold Winger, and Keith a Marine from Woodstock, Georgia. Although 22, 2010. Winkler. just twenty years old, this young man has al- Founded by the South Alabama Veterans f ready earned a place in the ranks of Amer- Council, Honor Flight South Alabama is an or- ica’s beloved veterans. ganization whose mission is to fly heroes from IN RECOGNITION OF THE GRAND southwest Alabama to see their national me- OPENING OF THE FISHER HOUSE Growing up, Jeffrey Cole saw the examples OF THE EMERALD COAST of his family members who had served in the morial. Army and Air Force. So it is no surprise that Over six decades have passed since the end of World War II and, regrettably, it took HON. JEFF MILLER while attending Woodstock High School in nearly this long to complete work on the me- OF FLORIDA Georgia’s Sixth District, he prepared for his morial that honors the spirit and sacrifice of IN THE HOUSE OF REPRESENTATIVES own military service as a member of the the 16 million who served in the U.S. Armed Wednesday, September 22, 2010 school’s JROTC unit. After graduation in 2009, Forces and the more than 400,000 who died. Cole became the first member of his family to Mr. MILLER of Florida. Madam Speaker, I Sadly, many veterans did not live long enough rise to recognize the Fisher House of the Em- enlist in the United States Marine Corps, to hear their country say ‘‘thank you,’’ yet for erald Coast and the courageous men and where he attained the rank of Lance Corporal. those veterans still living, Honor Flight pro- women of Northwest Florida who have an- This past July, duty called. Lance Corporal vides for many their first—and perhaps only— swered the nation’s call to defend our freedom Cole said goodbye to friends, family, and his opportunity to see the National World War II and way of life. young wife Brandi and deployed to Afghani- Memorial, which honors their service and sac- Founded in 1990 by Zachary and Elizabeth stan. Just a month later, his unit was am- rifice. Fisher, the Fisher House Foundation has This Honor Flight begins at dawn when the bushed while on patrol and came under heavy helped open the doors at 48 locations, which veterans will gather at historic Fort Whiting in fire. During this attack, Cole was hit six serve as a home away from home for our na- Mobile and travel to Mobile Regional Airport to tion’s hospitalized military personnel, veterans, times—twice in the front, once in the back, board a chartered flight to Washington. During once on his side, and twice in his left arm. Al- and their families. The Fisher House of the their time in their Nation’s capital, the veterans Emerald Coast joins 20 years of dedicated though Cole’s flak jacket thankfully stopped will visit the World War II Memorial, Arlington service to the mission of continually improving the rounds to his front and back, severe nerve National Cemetery, and other memorials. the quality of life for our servicemembers. damage and a severed artery have left him The veterans will return to Mobile Regional Our military is the best in the world due to with almost no feeling in his arm. Airport that evening, where some 1,000 peo- the selfless sacrifice of the men and women of Lance Corporal Cole has now undergone ple are expected to greet them. the Armed Forces and their families. So much several surgeries to repair his arm, although Madam Speaker, the September 22 journey is asked of them, and the Fisher House seeks only time will tell if he will ever regain its use. of heroes from South Alabama is an appro- to extend a helping hand and grateful heart Yet despite these wounds, his main concern is priate time for us to pause and thank them— when needed most. By providing housing for and all of the soldiers who fought in World about his fellow soldiers still in harm’s way. It wounded servicemembers and their families at War II—for they collectively—and literally— no cost, the Fisher House Foundation enables cannot be said strongly enough—this young saved the world. They personify the very best family members to be close to a loved one man has earned the thanks, admiration, and America has to offer, and I urge my col- during their treatment. respect of every single American. leagues to take a moment to pay tribute to Madam Speaker, we owe a debt of gratitude Choosing to don the uniform of this country their selfless devotion to our country and the to our Armed Forces’ courageous members is one of the most selfless and honorable de- freedoms we enjoy. and families; to that end, I applaud the Fisher cisions an American can make. Jeffrey Cole I salute each of the veterans who made the House for their continued support of our could have taken many paths in life, but he trip to Washington. May we never forget their wounded warriors. On behalf of the United chose to join our military and give back to the valiant deeds and tremendous sacrifices: Vic- States Congress, I commend the community country that he loves. It is because of the tor Adams, Edward Adler, William Barnes, members of Northwest Florida who have worked tirelessly to make the opening of the service and sacrifices made by him and his James Botts, Shelby Brooks, Ollen Burnette, Jr., Marion Bush, Edward Case, Robert Chap- Fisher House of the Emerald Coast a reality. fellow service members and veterans that man, William Chavis, John Coulter, Leon Da- Americans can live free of the oppression and f vidson, Gerald Davidson, Henry Day, William RECOGNIZING JAMIE KONSTAS, terror experienced by so many around the Day, John Duncan, James Duncan, Jr., Jo- RECIPIENT OF THE SERVICE TO world today. seph Duteil, Jr., Julius Eardley, James Early, AMERICA MEDALS, JUSTICE AND Lance Corporal Cole will soon return to his Robert Engel, Claudie Feagin, Jr., Osburn LAW ENFORCEMENT MEDAL family and friends in Woodstock, where the Flener, Joseph Garner, John Garrard, Jr., Legionnaires of American Legion Post 316 will Thomas Grace, Samuel Graham, Francis live up to their motto as veterans ‘‘Still Serving Gregory, Daniel Gunther, Joe Harper, Roy HON. GERALD E. CONNOLLY OF VIRGINIA America’’ by hosting our whole community in Harris, James Hathcock, Jr., William Heard, IN THE HOUSE OF REPRESENTATIVES giving Jeffrey the heartfelt welcome and Jr., Robert Hensel, James Holloway, Charles Wednesday, September 22, 2010 ‘‘Thank You’’ he deserves. He has carried out Holloway, William Hooper, Vinson Huegele, his duty with courage and commitment, and it William Isbell, Henry Jackson, Elystan Jef- Mr. CONNOLLY of Virginia. Madam Speak- is my distinct honor to welcome him back freys, Jack Jones, Roy Le Drew, Lawrence er, I rise to recognize FBI Intelligence Analyst Lockhart, John Loper, Reginald Loper, John home. Jamie Konstas for receiving a Service to Luker, Percy Maynord, James McDonough, America Medal for Justice and Law Enforce- May God Bless Lance Corporal Jeffrey Jr., T. McIntyre, George McPherson, John ment. Cole, our troops still on the front lines, and all Medynski, Richard Meyers, William Morris, As a leader of the national initiative to com- our veterans for their countless sacrifices in Charles Murphy, John Nichols, Dwayne Nick- bat the exploitation of children through pros- defense of this great nation. erson, Robert Nicks, Chester Noble, Orin titution, Ms. Konstas works with the Innocence

VerDate Mar 15 2010 06:24 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\K22SE8.029 E22SEPT1 pwalker on DSK8KYBLC1PROD with REMARKS E1712 CONGRESSIONAL RECORD — Extensions of Remarks September 22, 2010 Lost National Initiative, combining resources 1971, the church was forced to move due to onstrated in the mid-1990s when he became from the Department of Justice and the Na- redevelopment projects in the city of Norfolk. the chief warrior in a battle to rename a street tional Center for Missing and Exploited Chil- The present site on Goff Street was pur- in honor of the Reverend Dr. Martin Luther dren. She is responsible for the development chased, and a new church was built and dedi- King. Mr. Boyd’s steadfast resolve in the face and implementation of a new database that is cated in January 1977. Through the dedication of strong opposition served as a testament to assisting authorities in identifying victims of of the congregation, the church was able to the great accomplishments of Dr. King. prostitution, particularly children, while also pay off the mortgage in just 11 years and held Mr. Boyd’s continued commitment to serving collecting and tracking intelligence information a burning ceremony in May 1988. Rev. the community led him to eventually found in order to build investigations on suspected Copeland retired in 1992 after 32 years of Movement for Change, an organization dedi- sex offenders. service. cated to increasing knowledge and awareness A resident of Fairfax, Va., Ms. Konstas con- The church continued to make history under of community issues affecting the social well- siders her work a calling rather than a job. Her seventh pastor, Rev. Anthony Taylor, ordain- being of the citizens of Northwest Florida. commitment has lead to the rescue of more ing its first female deacon. Rev. Taylor served Movement for Change was guided by the be- than 1,000 children and the conviction of more for eight years, leaving in 2000 to serve his lief that the best way to achieve meaningful than 500 predators, numbers that would not country in the U.S. Army. Rev. Copeland re- and lasting unity in our society is through mu- be possible if it were not for her innovative turned for a brief period as interim pastor in tual respect for our fellow citizens, including database. 2000, at which point Union United made his- respect for differences. Mr. Boyd’s life, and his Madam Speaker, I ask my colleagues to join tory yet again. accomplishments, served as proof of the im- me in recognizing FBI Intelligence Analyst In 2001, Associate Pastor Linda Clark was mense capability of the human spirit to over- Jamie Konstas for her commitment to pro- installed as Union’s Pastor, the first female to come difference and unite for the common tecting our communities and our at risk young serve in this post. Under her leadership, Union good. people. She is just one example of the tre- United re-dedicated itself to the community by Mr. Boyd was recognized by a number of mendous caliber of our federal workforce, and establishing after-school tutorial programs and organizations throughout his life. During his I congratulate her for receiving the Service to a Narcotics Anonymous program, and doing youth, he achieved the rank of Eagle Scout. America Medal for Justice and Law Enforce- outreach work with the Norfolk State Univer- As an adult, Mr. Boyd served as the chairman ment. sity School of Social Work. Currently serving of many organizations, including the Com- f under Rev. Clark is her twin sister, Rev. Bren- manding Officers Advisory Committee for da Brown. Equal Employment Opportunity and the Martin 100TH ANNIVERSARY OF UNION As Union United gathers to celebrate its Luther King, Jr. Special Events Committee. UNITED CHURCH OF CHRIST centennial, the Church can truly remember its His service and commitment to his community past, celebrate its present, and focus on the was also acknowledged with myriad awards, HON. ROBERT C. ‘‘BOBBY’’ SCOTT future with great expectations. I would like to including the Martin Luther King, Jr. Award of OF VIRGINIA congratulate Rev. Clark, Associate Pastor the Year, the Florida Department of Correc- IN THE HOUSE OF REPRESENTATIVES Brown, Pastor Emeritus Copeland, and all of tions Servant Leader Award of the Year and Wednesday, September 22, 2010 the members of Union United Church of Christ the Hugh L. King, Sr. Excellence in Civil Mr. SCOTT of Virginia. Madam Speaker, I on the occasion of their 100th anniversary. I Rights Leadership Award. rise today to congratulate an institution in Nor- wish them 100 more years of dedicated serv- To some LeRoy Boyd will be remembered folk, Virginia. On Friday, September 24, 2010, ice to the community. as a staunch advocate for civil rights and so- Union United Church of Christ will celebrate its f cial justice and to others an example of the in- 100th anniversary, and I would like to highlight estimable capability of the human spirit to con- IN RECOGNITION OF THE PASSING some moments from the history of the church quer all. He will long be remembered by his OF LEROY BOYD and its contributions to our community. family and friends as a loving and compas- Union United’s history began in 1908 with a sionate husband and companion; and we will small prayer band made up of new arrivals to HON. JEFF MILLER all remember his energy, motivation and com- Norfolk who found no Christian church in their OF FLORIDA mitment to serving his community. His impact area. The church formed as Union Christian in IN THE HOUSE OF REPRESENTATIVES on Northwest Florida will forever be remem- 1910 and was organized and led by Rev. J.J. Wednesday, September 22, 2010 bered. Faulk. Madam Speaker, on behalf of the United Many pastors served Union Christian faith- Mr. MILLER of Florida. Madam Speaker, on States Congress, I am proud to honor the life fully in these early years, including Rev. G.T. behalf of the United States Congress, it is an of LeRoy Boyd, and his living legacy. Hall from 1929–1930, Rev. R.J. Alston from honor for me to rise today to recognize the life f 1931 to 1934, and Rev. S.A. Howell from of Northwest Florida’s beloved LeRoy Boyd. 1934 to 1935. Under Rev. Alston, the church Mr. Boyd is survived by his wife, Jeanne. To TRIBUTE TO DENNY JONES was renamed Union Congregational Christian his family and friends, I would like to offer my Church. sincere condolences. LeRoy Boyd was a HON. GREG WALDEN Rev. Mann assumed the pastorate in 1935 proud resident of Pensacola, Florida. He was OF OREGON and served the church faithfully until 1951. His a champion of freedom and equality for hu- IN THE HOUSE OF REPRESENTATIVES mankind, whose life was framed by immense leadership saw both milestones and improve- Wednesday, September 22, 2010 ments, including the burning of the church’s courage and an unwavering commitment to mortgage. social justice. Northwest Florida has suffered a Mr. WALDEN. Madam Speaker and col- Rev. Z.P. Jenkins served as pastor from great loss. leagues, I rise today to share with you my ad- 1953 to 1960. During this time the church was Mr. Boyd began his quest for social justice miration for a man who has deeply affected renovated, and the church bought a house on and equality at a young age. Under the lead- my life, and the lives of countless Oregonians, Bane Street to serve as a parsonage. It was ership of the Reverend H.K. Matthews, Mr. Denny Jones. Denny celebrated his 100th also during Rev. Jenkins’ tenure that nationally Boyd became President of the National Asso- birthday yesterday. Denny crossing the cen- the Evangelical and Reformed Church merged ciation for the Advancement of Colored People tury mark is a very special occasion, but more with the Congregational Church to form the Youth Council. He also became a founding importantly is what he has done with those United Church of Christ. member of the Escambia County Chapter of 100 years. Denny was my father’s close friend The church underwent multiple changes the Southern Christian Leadership Con- when they served together in the Oregon leg- under the leadership of its longest serving ference, and served as President of the Pen- islature in the 1970s. More than a decade pastor to date, Rev. Joseph M. Copeland. Ar- sacola Chapter of Blacks in Government. later, I had the privilege of serving with him in riving in 1960, Rev. Copeland instituted a LeRoy Boyd’s leadership capabilities and will- the Oregon legislature. As House Majority Deacon Board, and the church became very ingness to fight for equality in employment Leader, I frequently sought Denny’s advice active in the community. A Citizen’s Club, Boy was demonstrated when he successfully won and counsel and like so many others, relied Scout Troop, USDA Share Program, and 4-H a court case allowing many African-Americans on his deep sense of right and wrong, his Club were all founded under his direction. and women the opportunity to serve in super- clear commonsense philosophy and his thor- Another milestone during the tenure of Rev. visory positions at the Naval Aviation Depot. ough knowledge of water and western agri- Copeland was the relocation of the church. In His tenacity and perseverance were dem- culture. He is a close friend and mentor, the

VerDate Mar 15 2010 06:24 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\CR\FM\A22SE8.062 E22SEPT1 pwalker on DSK8KYBLC1PROD with REMARKS September 22, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1713 kind you want in this public life who will tell was Director of the Pacific International Live- CELEBRATING THE 200TH ANNI- you when he thinks you’re right and when he stock Exposition; and was a board member of VERSARY OF ELAM BAPTIST is convinced you are wrong. He sets the ex- the Malheur County Budget Board, Ontario CHURCH ample for all of us to follow. Chamber of Commerce, the Juntura School Madam Speaker, Denny Jones came from District, the Malheur County Juvenile Council, HON. ROBERT C. ‘‘BOBBY’’ SCOTT humble beginnings to distinguish himself as a and the Agri-Business Council of Oregon. OF VIRGINIA successful Oregon cattle rancher and 26-year And, at the age of 97 he was still considered IN THE HOUSE OF REPRESENTATIVES state legislator. Denzil Eugene Jones was one of the best ropers at Fred Otley’s brand- Wednesday, September 22, 2010 born on a wheat ranch between Heppner and ing. Mr. SCOTT of Virginia. Madam Speaker, I Ione in Morrow County, Oregon on September Colleagues, Denny Jones is loved and re- 21, 1910. His mother passed away when he rise today to congratulate an institution in vered in his community and in our State. He Charles City County, Virginia. On Friday, Sep- was five. Denny’s father remarried, but his is the type of individual who understands the stepmother made him and his brother sleep tember 24, 2010, Elam Baptist Church will cel- potential of this great Nation and has worked ebrate its 200th anniversary, and I would like outside in a tent, even in the winter. The fam- tirelessly to build a State and country that lives ily moved frequently through the years, as to highlight some moments from the history of up to its promise. In celebration of his 100 the church and its contributions to our commu- they made their way to Montana, back to years, there will be a display honoring Denny Wheeler County, and then on to Crook Coun- nity. and his many accomplishments. Long after the The seeds of Elam Baptist were originally ty, where he finished 10th grade in Prineville. display is gone, Denny’s accomplishments and Honest labor and hard work have marked planted prior to 1810, when groups of African- contributions will remain. I am honored to call Denny’s life. Learning how to ride horses from Americans who worshipped at First Church him my good friend, and invite all of you to his father, he spent a short time as a jockey, Petersburg (now Gilfield Baptist) would meet join me in honoring his 100th birthday. traveling by boxcar from Vancouver and Vic- together in canoes on the James River, hold- toria, B.C., to Tijuana, Mexico. But when his ing prayer services and singing songs of 106 pounds exceeded the weight limit, his f praise. The father of the church, Abram Brown, donated a parcel of land where the three-year contract was cut short and he was RECOGNIZING CORPORAL EVAN S. first log hut was built and used as both a never paid for the job he did. He then worked RINKENBERG, RECIPIENT OF THE church and meeting house. The actual con- for a sheep outfit, moving to Juntura in PURPLE HEART AWARD struction date has been lost to history, but it Malheur County when he was 18. There, he is known that the church was standing in earned $50 a month plus room. After that, 1810. This date leads historians to consider ranching became his focus throughout the HON. GERALD E. CONNOLLY Elam Baptist to be one of the oldest regular 1930s. In 1939, his relative, Jim Jones, of- organized churches for people of color in Vir- fered him a 10-year opportunity to share in OF VIRGINIA ginia. running a cattle ranch. At the end of those IN THE HOUSE OF REPRESENTATIVES The church applied for admission into the years, he signed over his share of the cattle Dover Association of churches and received it as a down payment on his ranch. Two years Wednesday, September 22, 2010 in 1813, the same year that the Rev. William later, Denny owned it free and clear with 400 Clopton was appointed the first pastor of head of cattle. Life was particularly hard in the Mr. CONNOLLY of Virginia. Madam Speak- er, I rise to recognize Corporal Evan S. Elam. The Church’s congregation was a mix 1940s, when he broke his leg and dislocated of both slaves and freed African-Americans his knee when he was thrown from a horse. Rinkenberg, recipient of the Purple Heart award. worshipping together. While this was initially He later broke his back slipping on a frozen accepted, as tensions in the country grew, cow pie. On June 6th, Cpl. Rinkenberg and his infan- most of the slaves were barred by their mas- Ranch life continued until the 1970s, when try company came under attack from the ters from worshipping at Elam and were car- the family moved to Ontario, Oregon. One Taliban after performing security checkpoints ried to Old Mt. Zion church, the first of many year after the move, the local business com- in the Helmand province of Afghanistan. While churches Elam Baptist was mother to. munity asked him to run for Oregon’s 60th providing cover fire for his company as they Rev. James Clopton succeeded his father District House seat. Denny was elected in fled to safety, Cpl. Rinkenberg was shot by William. Rev. James Christian succeeded the 1972, and served for 13 terms, the second- enemy fire in his right hand. Despite his injury, second Rev. Clopton from 1850 to 1865. Dur- longest serving member of the Oregon Legis- Cpl. Rinkenberg continued to provide cover ing this time, Church associations required the lature. During those 26 years, he served on fire for his fellow soldiers until he looked presence of a white pastor to lead the con- the Emergency Board, the Committees on Ag- down; only then did he become aware of his gregation; however, the majority of the preach- riculture, Transportation, and Education, and injury. ing was left to Rev. Christian’s black assistant, was co-chair of the Joint Committee on Ways Now back in the United States, Cpl. Rev. James Brown. and Means. He brought his own brand of east- Rinkenberg, a native of Woodbridge, VA, has After the war, when there was no longer a ern Oregon conservatism to Salem and quick- undergone four surgeries to repair the bones requirement for a white pastor to lead the con- ly earned a reputation as a fiscal hawk with a and ligaments in his hand in an effort to im- gregation, Rev. Samuel Brown, son of the kind heart. The experience he gained as a prove mobility. His lack of dexterity has made original church father Abram Brown, assumed high desert cattle rancher served him and Or- even simple tasks, such as maneuvering his the pastorate as Elam Baptist’s first African egon taxpayers well. infant daughter’s pacifier, difficult for him. Cpl. American pastor. He served until his death in It was the values he learned in his youth to 1881. Elam Baptist continued to grow, and by Rinkenberg’s future as a Marine remains un- which he credits his success in the Legisla- its centennial in 1910, under the direction of certain as his hand continues to heal. He is ture. ‘‘It’s the most important thing that you pastor Rev. Wesley Curl, the church was ei- faced with a worst case scenario of obtaining keep your word and that you’re honest with ther directly or indirectly responsible for the a medical release from the Marines, which everybody,’’ he said. establishment of the 12 other colored Baptist would provide him with disability pay, some- Madam Speaker, Denny truly has done a lot churches in Charles City County, and one in thing the Corporal identified as the ‘‘only cer- of good in his 100 years. In addition to serving neighboring New Kent County. in the Oregon Legislature, Denny became a tainty in his now cloudy future.’’ Despite his This growth demanded a new worship charter member of the Public Lands Council; slow recovery, Cpl. Rinkenberg hopes to re- house. The original church site became the was director, lobbyist, and two-time president turn to Woodbridge by 2012 where he plans to church cemetery, and the church began erect- of the Oregon Cattlemen’s Association; a continue to serve his country as a rifle range ing a new building at its current location on member of the Benevolent and Protective instructor at Officer Candidate School in The Glebe Lane under Rev. John Kemp. Order of Elks of the United States of America, Quantico, Va. Sadly, shortly before construction was slated and the Freemasons; received the Malheur Madam Speaker, I ask that my colleagues to be completed in 1919, a fire destroyed the County Cattleman of the Year Award and was join me in recognizing Corporal Evan building before it could be inhabited. However the Malheur County Livestock Association’s Rinkenberg for his service to his fellow sol- the spirit of the church was not extinguished, president; received the Harney County Live- diers and our nation. It is important to recog- and the church was rebuilt. A second fire in stock Association Citizenship Award; received nize the sacrifices that Cpl. Rinkenberg and all 1922 once again consumed the worship the Ontario Jaycees’ Citizenship Award; was of our nation’s service members make on a house, but the church was not daunted and president of the Malheur Pioneer Association; daily basis in order to preserve our freedoms. rebuilt again.

VerDate Mar 15 2010 06:24 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 0626 Sfmt 9920 E:\CR\FM\A22SE8.064 E22SEPT1 pwalker on DSK8KYBLC1PROD with REMARKS E1714 CONGRESSIONAL RECORD — Extensions of Remarks September 22, 2010 Elam Baptist continued to improve its facili- His passion for service and his close rela- RECOGNIZING FAIRFAX COUNTY ties, installing a front veranda, electric lighting, tionships with the people of Northwest Florida FIREFIGHTERS’ EFFORTS TO and baptizing pool. A monument dedicated to was apparent to all those who knew him. He FIGHT MUSCULAR DYSTROPHY the founders of the Church was erected at the shared his knowledge with the people of cemetery site, and in 1966 a multipurpose Northwest Florida, teaching courses in Chari- annex was erected with offices and class- table Giving, Estate Planning, and Retirement HON. GERALD E. CONNOLLY rooms. Elam Baptist is truly a cornerstone of at local colleges. His leadership in the busi- OF VIRGINIA the Charles City County community. ness arena was also undeniable. He served IN THE HOUSE OF REPRESENTATIVES As Elam Baptist gathers to celebrate its bi- as President of the North West Florida centennial, the church can truly remember its Planned Giving Council, Tallahassee Chapter Wednesday, September 22, 2010 past, celebrate its present, and focus on the of the International Association for Financial future with great expectations. I would like to Planning and European Life Underwriters’ As- Mr. CONNOLLY of Virginia. Madam Speak- congratulate Rev. Horace B. Parham, Jr., sociation. er, I rise to recognize the firefighters of Fairfax County for their efforts in fighting muscular Elam’s current pastor, and all of the members His immense leadership was recognized not dystrophy in Northern Virginia and the Na- of Elam Baptist Church on the occasion of only by his constituents, but also by the reli- tional Capital Region. The International Asso- their 200th anniversary. I wish them 200 more gious community of Northwest Florida, where ciation of Firefighters local 2068, in coordina- years of dedicated service to the community. he served as Chairman of the Okaloosa Coun- tion with the Fairfax County Fire and Rescue ty Chapter of the Christian Coalition. Mr. f Department and the Fairfax County Depart- Bolton also played an integral role as a fund- IN RECOGNITION OF THE PASSING ment of Public Safety Communications, col- raiser for numerous non-profit organizations, OF CHARLES HAROLD ‘‘CHUCK’’ lected more than $561,000 at their annual ‘‘Fill and his commitment to justice and equality BOLTON, JR. the Boot’’ campaign over Labor Day weekend, was typified by his membership in the NAACP. more than any other jurisdiction in the nation. As Deacon for the First Baptist Church of While they are committed to keeping the HON. JEFF MILLER Mary Esther, Mr. Bolton served as an inspira- residents of Northern Virginia safe, the fire- OF FLORIDA tional bedrock for the community, providing fighters and paramedics of Fairfax County are IN THE HOUSE OF REPRESENTATIVES prayer and guidance to the people of North- also dedicated to improving the lives of those Wednesday, September 22, 2010 west Florida. He was a regular speaker at the in their community through education and Waterfront Mission, a noted church speaker Mr. MILLER of Florida. Madam Speaker, on charitable efforts such as the ‘‘Fill the Boot’’ for Gideon International, and was involved behalf of the United States Congress, it is an campaign. honor for me to rise today to recognize the life with several committees involving rehabilitation Thanks to the generosity and support of the of Northwest Florida’s beloved Charles Harold for individuals. His commitment to serving community, this year’s contributions to the ‘‘Chuck’’ Bolton, Jr. those in need was exemplified by his weekly Muscular Dystrophy Association will help Mr. Bolton is survived by his wife, Carola, Bible Study at an alcohol/drugs halfway those in the Washington, DC area affected by and two daughters, Nicole and Rochelle. To house. the disease. Resources such as the outpatient his family and friends, I would like to offer my To some Chuck Bolton will be remembered clinics at Children’s National Medical Center sincere condolences. Northwest Florida has as a Mayor and steadfast public servant, and and Georgetown University Hospital will ben- suffered a great loss. to others, a leader in the business and reli- efit, as will the Muscular Dystrophy Associa- Chuck Bolton was born on January 26, gious communities. To many children of North- tion camp in Leonardtown, MD. The fire- 1945 in Norfolk, Virginia. He was a proud and west Florida he will be remembered by his fighters’ contribution far exceeded their goal of passionate man, who served his country with portrayal of Santa Claus, filling the hearts of $475,000, adding to the previous 56 years of honor and distinction in the United States children with warm Christmas joy. He will long success in which firefighters nationwide have Army during the Vietnam War. In 1986, Mr. be remembered by his family and friends as a raised more than $425 million for the Muscular Bolton moved to Okaloosa County, located in loving and compassionate father, husband and Dystrophy Association. Florida’s First Congressional District. Over the companion; and we will all remember his en- next 24 years, Mr. Bolton served throughout ergy, motivation, generosity, and commitment Madam Speaker, I ask my colleagues to join the civic, business and church communities. to serving his community. His impact on me in commending the firefighters of Fairfax His local leadership was acknowledged by Northwest Florida will forever be remembered. County for their efforts to fight muscular dys- the people of Mary Esther, Florida, who elect- Mr. Bolton was quoted as saying, ‘‘Mary Es- trophy. They risk their lives every day to en- ed Mr. Bolton to serve as their Mayor from ther may not be heaven, but I can see heaven sure the well being and safety of our commu- 2008 until his recent passing. He was a char- from my dock in Mary Esther.’’ We can all nities. These heroes often go unrecognized for ismatic leader who believed in watching out take great solace knowing that Mr. Bolton is their dedication and sacrifices. On behalf of for the needs of his fellow neighbors, and his looking down on all of us from his new dock the residents of the 11th District of Virginia, I connection to the voice of the people was un- in heaven. am honored to thank these brave men and equivocally demonstrated when he became Madam Speaker, on behalf of the United women for their contributions to our commu- the first elected official to join the Fort Walton States Congress, I am proud to honor the life nities. Beach Tea Party. of Chuck Bolton, and his living legacy.

VerDate Mar 15 2010 06:24 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 0626 Sfmt 0634 E:\CR\FM\A22SE8.066 E22SEPT1 pwalker on DSK8KYBLC1PROD with REMARKS September 22, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1715 SENATE COMMITTEE MEETINGS 2:30 p.m. Homeland Security, in consultation Intelligence with the Secretary of State, to estab- Title IV of Senate Resolution 4, To hold closed hearings to examine cer- lish a program to issue Asia-Pacific agreed to by the Senate on February 4, tain intelligence matters. Economic Cooperation Business Travel 1977, calls for establishment of a sys- SH–219 Cards, S.J. Res. 37, calling upon the tem for a computerized schedule of all 3 p.m. President to issue a proclamation rec- meetings and hearings of Senate com- Commerce, Science, and Transportation ognizing the 35th anniversary of the Surface Transportation and Merchant Ma- Helsinki Final Act, Treaty between the mittees, subcommittees, joint commit- rine Subcommittee tees, and committees of conference. Government of the United States of To hold hearings to examine pipeline America and the Government of the This title requires all such committees safety, focusing on assessing the San Republic of Rwanda Concerning the to notify the Office of the Senate Daily Bruno, California explosion and other Encouragement and Reciprocal Protec- Digest—designated by the Rules Com- recent accidents. tion of Investment, signed at Kigali on mittee—of the time, place, and purpose SR–253 February 19, 2008 (Treaty Doc. 110–23), of the meetings, when scheduled, and and international Treaty on Plant Ge- any cancellations or changes in the SEPTEMBER 29 netic Resources for Food and Agri- meetings as they occur. 10 a.m. culture, adopted by the Food and Agri- Judiciary culture Organization of the United Na- As an additional procedure along Crime and Drugs Subcommittee tions on November 3, 2001, and signed with the computerization of this infor- To hold hearings to examine crimes by the United States on November 1, mation, the Office of the Senate Daily against America’s homeless, focusing 2002 (the ‘‘Treaty’’) (Treaty Doc. 110– Digest will prepare this information for on if the violence is growing. 19). printing in the Extensions of Remarks SD–226 S–116, Capitol Energy and Natural Resources section of the CONGRESSIONAL RECORD 2:30 p.m. Energy Subcommittee on Monday and Wednesday of each Homeland Security and Governmental Af- To hold an oversight hearing to examine fairs week. the Propane Education and Research Federal Financial Management, Govern- Meetings scheduled for Thursday, Council (PERC) and National Oilheat ment Information, Federal Services, September 23, 2010 may be found in the Research Alliance (NORA). and International Security Sub- SD–366 Daily Digest of today’s RECORD. committee Foreign Relations To hold hearings to examine improving To hold hearings to examine the al- financial accountability at the Depart- MEETINGS SCHEDULED Megrahi release, focusing on one year ment of Defense. later. SEPTEMBER 28 SD–342 SD–419 Banking, Housing, and Urban Affairs 10 a.m. Health, Education, Labor, and Pensions Security and International Trade and Fi- Armed Services Business meeting to consider S. 3817, to nance Subcommittee To hold hearings to examine the Depart- amend the Child Abuse Prevention and To hold hearings to examine a compari- ment of Defense efficiencies initiatives. Treatment Act, the Family Violence son of international housing finance SD–G50 Prevention and Services Act, the Child systems. Budget Abuse Prevention and Treatment and SD–538 To hold hearings to examine the outlook Adoption Reform Act of 1978, and the for the economy and fiscal policy. Abandoned Infants Assistance Act of SEPTEMBER 30 SD–608 1988 to reauthorize the Acts, and S. Environment and Public Works 3199, to amend the Public Health Serv- 10 a.m. To hold hearings to examine innovative ice Act regarding early detection, diag- Energy and Natural Resources project finance. nosis, and treatment of hearing loss, Energy Subcommittee SD–406 and any pending nominations. To hold hearings to examine the role of Finance SD–430 strategic minerals in clean energy To hold hearings to examine if private Homeland Security and Governmental Af- technologies and other applications as long-term disability policies provide fairs well as legislation to address the issue, protection as promised. Business meeting to consider pending including S. 3521, to provide for the re- SD–215 calendar business. establishment of a domestic rare Judiciary SD–342 earths materials production and supply To hold hearings to examine restoring Rules and Administration industry in the United States. key tools to combat fraud and corrup- To resume hearings to examine the fili- SD–366 tion after the Supreme Court’s Skilling buster, focusing on ideas to reduce 2:30 p.m. decision. delay and encourage debate in the Sen- Homeland Security and Governmental Af- SD–226 ate. fairs Joint Economic Committee SR–301 Oversight of Government Management, the To hold hearings to examine new evi- 2 p.m. Federal Workforce, and the District of dence on the gender pay gap for women Judiciary Columbia Subcommittee and mothers in management. To hold hearings to examine certain To hold hearings to examine implemen- SD–106 nominations. tation, improvement, sustainability, 10:15 a.m. SD–226 focusing on management matters at Indian Affairs Commission on Security and Cooperation the Department of Homeland Security. To hold hearings to examine reform in in Europe SD–342 the Indian Health Service’s Aberdeen To hold hearings to examine charges Intelligence area. against Mikhail Khodorkovsky’s Yukos To hold closed hearings to examine cer- SD–628 Oil Company. tain intelligence matters. 10:30 a.m. 1539, Longworth Building SH–219 Commerce, Science, and Transportation 2:15 p.m. Consumer Protection, Product Safety, and Foreign Relations OCTOBER 6 Insurance Subcommittee Business meeting to consider S. 2982, to 9:30 a.m. To hold an oversight hearing to examine combat international violence against Veterans’ Affairs the National Highway Traffic Safety women and girls, S. 3688, to establish To hold an oversight hearing to examine Administration (NHTSA), focusing on an international professional exchange Veterans’ Affairs Information Tech- an examination of the Highway Safety program, an original bill entitled nology (IT) program, focusing on look- Provisions of SAFETEA–LU. ‘‘Naval Vessels Transfer Act of 2010’’, ing ahead. SR–253 S. 1633, to require the Secretary of SR–418

VerDate Mar 15 2010 06:24 Sep 23, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 0626 Sfmt 0634 E:\CR\FM\M22SE8.000 E22SEPT1 pwalker on DSK8KYBLC1PROD with REMARKS Wednesday, September 22, 2010 Daily Digest Senate Tribes, and the Burns Paiute Tribe to obtain 99-year Chamber Action lease authority for trust land. Page S7364 Routine Proceedings, pages S7303–S7366 Certain Indian Tribe Leases: Senate passed S. Measures Introduced: Twelve bills and two resolu- 2906, to amend the Act of August 9, 1955, to mod- tions were introduced, as follows: S. 3817–3828, S. ify a provision relating to leases involving certain In- Res. 638, and S. Con. Res. 72. Page S7352 dian tribes, after agreeing to the committee amend- Measures Reported: ments. Page S7364 H.R. 3553, to exclude from consideration as in- Redundancy Elimination and Enhanced Per- come under the Native American Housing Assist- formance for Preparedness Grants Act: Senate ance and Self-Determination Act of 1996 amounts passed H.R. 3980, to provide for identifying and received by a family from the Department of Vet- eliminating redundant reporting requirements and erans Affairs for service-related disabilities of a mem- developing meaningful performance metrics for ber of the family. (S. Rept. No. 111–299) homeland security preparedness grants, after agreeing H.R. 2092, to amend the National Children’s Is- to the committee amendment in the nature of a sub- land Act of 1995 to expand allowable uses for King- stitute. Page S7364 man and Heritage Islands by the District of Colum- bia, with amendments. (S. Rept. No. 111–300) House of Representatives Facilities and Pro- S. 2925, to establish a grant program to benefit grams: Committee on Rules and Administration was victims of sex trafficking, with an amendment in the discharged from further consideration of H.R. 5682, to improve the operation of certain facilities and pro- nature of a substitute. Page S7351 grams of the House of Representatives, and the bill Measures Passed: was then passed. Page S7365 Twenty-First Century Communications and Commending the Entertainment Industry: Com- Video Accessibility Act: Senate passed S. 3828, to mittee on Commerce, Science, and Transportation make technical corrections in the Twenty-First Cen- was discharged from further consideration of S. Res. tury Communications and Video Accessibility Act of 623, commending the encouragement of interest in 2010 and the amendments made by that Act. science, technology, engineering, and mathematics Page S7363 by the entertainment industry, and the resolution Veterans’ Compensation Cost-of-Living Adjust- was then agreed to. Pages S7365–66 ment Act: Committee on Veterans’ Affairs was dis- 30th Anniversary of the Small Business Devel- charged from further consideration of H.R. 4667, to opment Center Network: Senate agreed to S. Res. increase, effective as of December 1, 2010, the rates 638, celebrating the 30th anniversary of the Small of compensation for veterans with service-connected Business Development Center network. Page S7366 disabilities and the rates of dependency and indem- nity compensation for the survivors of certain dis- Appointments: abled veterans, and the bill was then passed; S. Election Assistance Board of Advisors: The Chair, 3107, Senate companion measure was read the third on behalf of the Majority Leader pursuant to Public time. Pages S7363–64 Law 107–252, Title II, Section 214, appointed the Subsequently, S. 3107 was returned to the Senate following individual to serve as a member of the calendar. Election Assistance Board of Advisors: Lease Authority for Trust Land: Senate passed S. Dr. Barbara Simons, of California. Page S7366 1448, to amend the Act of August 9, 1955, to au- Disclose Act—Agreement: A unanimous-consent thorize the Coquille Indian Tribe, the Confederated agreement was reached providing that on Thursday, Tribes of Siletz Indians, the Confederated Tribes of September 23, 2010, upon disposition of S.J. Res. the Coos, Lower Umpqua, and Siuslaw, the Klamath 30, Senate proceed to consideration of the motion to D982

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reconsider the vote by which cloture was not in- cusing on continued actions needed to address finan- voked on the motion to proceed to consideration of cial and operational issues, after receiving testimony S. 3628, Disclose Act; that the motion to reconsider from Senators Durbin and Wicker; Orice Williams be agreed to, and that at 2:15 p.m., Senate vote on Brown, Director, Financial Markets and Community the motion to invoke cloture on the motion to pro- Investment, Government Accountability Office; and ceed to S. 3628, with the time until then equally Sally McConkey, Association of State Floodplain divided and controlled between the two Leaders, or Managers, Nick D’Ambrosia, Long & Foster, and their designees. Page S7363 Steve Ellis, Taxpayers for Common Sense, all of Messages from the House: Page S7348 Washington, D.C. Measures Placed on the Calendar: Pages S7303, FEDERAL POLICY RESPONSE TO THE S7348 ECONOMIC CRISIS Measures Read the First Time: Pages S7348, S7366 Committee on the Budget: Committee concluded a hear- Executive Communications: Pages S7348–51 ing to examine assessing the Federal policy response to the economic crisis, after receiving testimony from Petitions and Memorials: Page S7351 Alan S. Blinder, Princeton University Center for Additional Cosponsors: Pages S7352–53 Economic Policy Studies, Princeton, New Jersey; Statements on Introduced Bills/Resolutions: Mark Zandi, Moody’s Analytics, West Chester, Pages S7353–61 Pennsylvania; and John B. Taylor, Stanford Univer- sity, Palo Alto, California. Additional Statements: Pages S7345–48 PROTECTING PERSONAL INFORMATION Amendments Submitted: Pages S7361–62 DATA Notices of Hearings/Meetings: Page S7362 Committee on Commerce, Science, and Transportation: Sub- Authorities for Committees to Meet: committee on Consumer Protection, Product Safety, Pages S7362–63 and Insurance concluded a hearing to examine S. Privileges of the Floor: Page S7263 3742, to protect consumers by requiring reasonable Adjournment: Senate convened at 9:30 a.m. and security policies and procedures to protect data con- adjourned at 7:20 p.m., until 9:30 a.m. on Thurs- taining personal information, and to provide for na- day, September 23, 2010. (For Senate’s program, see tionwide notice in the event of a security breach, the remarks of the Majority Leader in today’s Record after receiving testimony from Maneesha Mithal, As- on page S7366.) sociate Director, Division of Privacy and Identity Protection, Federal Trade Commission; Mark Bregman, Symantec Corporation, Mountain View, Committee Meetings California, on behalf of TechAmerica; and Ioana (Committees not listed did not meet) Rusu, Consumers Union, Stuart K. Pratt, Consumer Data Industry Association, and Melissa Bianchi, U.S. SECURITIES AND EXCHANGE American Hospital Association, all of Washington, COMMISSION OVERSIGHT D.C. Committee on Banking, Housing, and Urban Affairs: TAX AND FISCAL POLICY IN THE Committee concluded an oversight hearing to exam- MILITARY AND VETERANS COMMUNITY ine the Securities and Exchange Commission (SEC) Inspector General’s Report on the ‘‘Investigation of Committee on Finance: Committee concluded a hearing the SEC’s Response to Concerns Regarding Robert to examine tax and fiscal policy, focusing on the ef- Allen Stanford’s Alleged Ponzi Scheme’’ and Improv- fects on the military and veterans community, after ing SEC Performance, after receiving testimony from receiving testimony from Dan Dobyns, Montana Na- H. David Kotz, Inspector General, Robert Khuzami, tional Guard, Helena; Mark I. Darrah, Athena GTX, Director, Division of Enforcement, Carlo di Florio, Des Moines, Iowa; Captain Marshall Hanson, USNR Director, Office of Compliance Inspections and Ex- (Ret.), Reserve Officers Association (ROA), on behalf aminations, and Rose L. Romero, Regional Director, of the Reserve Enlisted Association (REA), and Tim Fort Worth Regional Office, all of the United States Embree, Iraq and Afghanistan Veterans of America Securities and Exchange Commission. (IAVA), both of Washington, D.C.; and Michael Noyce Merino, Melrose, Montana. NATIONAL FLOOD INSURANCE PROGRAM Committee on Banking, Housing, and Urban Affairs: NOMINATIONS Committee concluded a hearing to examine reauthor- Committee on Foreign Relations: Committee concluded ization of the National Flood Insurance Program, fo- a hearing to examine the nominations of Mark M.

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Boulware, of Texas, to be Ambassador to the Repub- Privacy Act, focusing on promoting security and lic of Chad, Jo Ellen Powell, of Maryland, to be Am- protecting privacy in the digital age, after receiving bassador to the Islamic Republic of Mauritania, testimony from Cameron F. Kerry, General Counsel, Christopher J. McMullen, of Virginia, to be Ambas- Department of Commerce; James A. Baker, Associate sador to the Republic of Angola, Wanda L. Nesbitt, Deputy Attorney General, Department of Justice; of Pennsylvania, to be Ambassador to the Republic James X. Dempsey, Center for Democracy & Tech- of Namibia, and Pamela Ann White, of Maine, to nology, San Francisco, California; Brad Smith, be Ambassador to the Republic of The Gambia, who Microsoft Corporation, Redmond, Washington; and was introduced by Senator Nelson (FL), all of the Jamil N. Jaffer, Washington, D.C. Department of State, after the nominees testified and answered questions in their own behalf. FRAUD ENFORCEMENT AND RECOVERY NOMINATIONS ACT Committee on Foreign Relations: Committee concluded Committee on the Judiciary: Committee concluded a a hearing to examine the nominations of Donald hearing to examine investigating and prosecuting fi- Kenneth Steinberg, of California, to be Deputy Ad- nancial fraud after the Fraud Enforcement and Re- ministrator, and Nancy E. Lindborg, of the District covery Act, after receiving testimony from Lanny of Columbia, to be an Assistant Administrator, both Breuer, Assistant Attorney General, Criminal Divi- of the United States Agency for International Devel- sion, and Kevin Perkins, Assistant Director, Federal opment, and Robert P. Mikulak, of Virginia, for the Bureau of Investigation, both of the Department of rank of Ambassador during his tenure of service as Justice; and Robert Khuzami, Director, Division of United States Representative to the Organization for Enforcement, United States Securities and Exchange the Prohibition of Chemical Weapons, Department Commission. of State, after the nominees testified and answered questions in their own behalf. FILIBUSTER NOMINATIONS Committee on Rules and Administration: Committee re- Committee on Foreign Relations: Committee concluded sumed hearings to examine the filibuster, focusing a hearing to examine the nominations of Kristie on legislative proposals to change Senate procedures, Anne Kenney, of Virginia, to be Ambassador to the including S. Res. 416, amending the Standing Rules Kingdom of Thailand, and Karen Brevard Stewart, of the Senate to provide for cloture to be invoked of Florida, to be Ambassador to the Lao People’s with less than a three-fifths majority after additional Democratic Republic, both of the Department of debate, and S. Res. 619, expressing the sense of the State, after the nominees testified and answered Senate that the Senate of each new Congress is not questions in their own behalf. bound by the Rules of previous Senates, after receiv- NINE YEARS AFTER 9/11 ing testimony from Senators Harkin and Udall (NM); Robert Dove, United States Senate Parliamen- Committee on Homeland Security and Governmental Af- tarian Emeritus; Mimi Marzinani, New York Uni- fairs: Committee concluded a hearing to examine versity School of Law Brennan Center for Justice, nine years after 9/11, focusing on confronting the New York, New York; and Steven S. Smith, Wash- terrorist threat to the homeland, after receiving testi- ington University Weidenbaum Center on the Econ- mony from Janet A. Napolitano, Secretary of Home- omy, Government, and Public Policy, St. Louis, Mis- land Security; Robert S. Mueller III, Director, Fed- souri. eral Bureau of Investigation, Department of Justice; and Michael Leiter, Director, National Counterter- THE AMERICAN LEGION rorism Center, Office of the Director of National In- telligence. Committee on Veterans’ Affairs: Committee concluded a joint hearing with the House Committee on Vet- ELECTRONIC COMMUNICATIONS PRIVACY erans’ Affairs to examine a legislative presentation ACT focusing on the American Legion, after receiving tes- Committee on the Judiciary: Committee concluded a timony from Jimmie Foster, The American Legion, hearing to examine the Electronic Communications Anchorage, Alaska.

VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\RECORD10\RECFILES\D22SE0.REC D22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — DAILY DIGEST D985 House of Representatives poses, with an amendment (H. Rept. 111–618, Pt. Chamber Action 1); Public Bills and Resolutions Introduced: 31 pub- H.R. 2336, to encourage energy efficiency and lic bills, H.R. 6159–6189; and 13 resolutions, H.J. conservation and development of renewable energy Res. 96; H. Con. Res. 319; and H.Res. 1639, sources for housing, commercial structures, and other 1641–1650, were introduced. Pages H6878–80 buildings, and to create sustainable communities, Additional Cosponsors: Pages H6880–82 with an amendment (H. Rept. 111–619); Reports Filed: Reports omitted from the Record of H.R. 4790, to amend the Securities Exchange Act September 20, 2010 with a redesignation: of 1934 to require shareholder authorization before H.R. 5717, to authorize the Board of Regents of a public company may make certain political ex- the Smithsonian Institution to plan, design, and con- penditures, and for other purposes, with an amend- struct a facility and to enter into agreements relating ment (H. Rept. 111–620, Pt. 1); to education programs at the National Zoological H. Res. 1640, providing for consideration of the Park facility in Front Royal, Virginia, and for other Senate amendment to the bill (H.R. 5297) to create purposes (H. Rept. 111–612, Pt. 1) and the Small Business Lending Fund Program to direct H.R. 5717, to authorize the Board of Regents of the Secretary of the Treasury to make capital invest- the Smithsonian Institution to plan, design, and con- ments in eligible institutions in order to increase the struct a facility and to enter into agreements relating availability of credit for small businesses, to amend to education programs at the National Zoological the Internal Revenue Code of 1986 to provide tax Park facility in Front Royal, Virginia, and for other incentives for small business job creation, and for purposes, with an amendment (H. Rept. 111–612, other purposes (H. Rept. 111–621); and Pt. 2). H. Res. 252, calling upon the President to ensure Reports were filed today as follows: that the foreign policy of the United States reflects H.R. 4714, to amend title 49, United States appropriate understanding and sensitivity concerning Code, to authorize appropriations for the National issues related to human rights, ethnic cleansing, and Transportation Safety Board for fiscal years 2011 genocide documented in the United States record re- through 2014, and for other purposes, with an lating to the Armenian Genocide, and for other pur- amendment (H. Rept. 111–613); poses (H. Rept. 111–622). Page H6878 H.R. 1997, to direct the Secretary of Transpor- Speaker: Read a letter from the Speaker wherein she tation to update a research report and issue guidance appointed Representative Cuellar to act as Speaker to the States with respect to reducing lighting on pro tempore for today. Page H6811 the Federal-aid system during periods of low traffic Chaplain: The prayer was offered by the guest chap- density, and for other purposes (H. Rept. 111–614, lain, Reverend Douglas Fisher, Grace Church, Pt. 1); Millbrook, New York. Page H6811 H.R. 2923, to enhance the ability to combat methamphetamine (H. Rept. 111–615, Pt. 1); Order of Business: Agreed by unanimous consent H.R. 5710, to amend and reauthorize the con- that the Speaker be authorized to entertain motions trolled substance monitoring program under section to suspend the rules on Thursday, September 23, 399O of the Public Health Service Act, with an 2010, relating to the following measures: S. 1674; amendment (H. Rept. 111–616); H.R. 5307; H. Res. 1545; H. Res. 1560; H. Res. H.R. 5756, to amend title I of the Developmental 1582; a bill to renew the authority of the Secretary Disabilities Assistance and Bill of Rights Act of of Health and Human Services to approve dem- 2000 to provide for grants and technical assistance onstration projects designed to test innovative strate- to improve services rendered to children and adults gies in state child welfare programs; and a bill to with autism, and their families, and to expand the amend the Internal Revenue Code of 1986 to extend number of University Centers for Excellence in De- the funding and expenditure authority of the Airport velopmental Disabilities Education, Research, and and Airway Trust Fund, to amend title 49, United Service, with amendments (H. Rept. 111–617); States Code, to extend the airport improvement pro- H.R. 5809, to amend the Controlled Substances gram, and for other purposes. Page H6814 Act to provide for take-back disposal of controlled Suspensions: The House agreed to suspend the rules substances in certain instances, and for other pur- and pass the following measures:

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VerDate Mar 15 2010 22:03 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\RECORD10\RECFILES\D22SE0.REC D22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — DAILY DIGEST D987 amend title I of the Developmental Disabilities As- Timothy R. Larsen, Director, Personal and Family sistance and Bill of Rights Act of 2000 to provide Readiness Division, Manpower and Reserve Affairs for grants and technical assistance to improve serv- Department, U.S. Marine Corps; Scott Lutterloh, Di- ices rendered to children and adults with autism, rector, Total Force Training and Education Division, and their families, and to expand the number of U.S. Navy; and Dan Sitterly, Director, Force Devel- University Centers for Excellence in Developmental opment, Deputy Chief of Staff, Manpower and Per- Disabilities Education, Research, and Service; sonnel, U.S. Air Force. Pages H6843–46 Emergency Medic Transition Act of 2010: H.R. PERKINS COLLEGE LOANS 3199, amended, to amend the Public Health Service Committee on the Budget: Held a hearing on Budgeting Act to provide grants to State emergency medical for Education: The Role of Perkins Loans. Testimony service departments to provide for the expedited was heard from public witnesses. training and licensing of veterans with prior medical training; Pages H6839–42 MEDICARE/MEDICAID WASTE, FRAUD AND Family Health Care Accessibility Act of 2010: ABUSE H.R. 1745, amended, to amend the Public Health Service Act to provide liability protections for volun- Committee on Energy and Commerce: Subcommittee on teer practitioners at health centers under section 330 Health held a hearing entitled ‘‘Cutting Waste, Fraud, and Abuse in Medicare and Medicaid.’’ Testi- of such Act; and Pages H6848–50 mony was heard from Representatives Roskam and National All Schedules Prescription Electronic Klein of Florida; and the following officials of the Reporting Reauthorization Act of 2010: H.R. Department of Health and Human Services: Daniel 5710, amended, to amend and reauthorize the con- Levinson, Inspector General; Peter Budetti, M.D. trolled substance monitoring program under section Deputy Administrator, Program Integrity, Center for 399O of the Public Health Service Act. Medicare and Medicaid Services. Pages H6850–52 Senate Messages: Messages received from the Senate EGG RECALL—SALMONELLA OUTBREAK by the Clerk and subsequently presented to the House today appear on pages H6811–12 and Committee on Energy and Commerce: Subcommittee on H6814. Oversight and Investigations held a hearing entitled ‘‘The Outbreak of Salmonella in Eggs.’’ Testimony Senate Referrals: S. 624 was referred to the Com- was heard from Joshua M. Sharfstein, Principal Dep- mittee on Foreign Affairs; S. 3814 and S. 3717 were uty Commissioner, FDA, Department of Health and held at the desk. Page H6875 Human Services; Austin DeCoster, Owner, Wright Quorum Calls—Votes: Two yea-and-nay votes de- County Egg; and Orland Bethel, President, veloped during the proceedings of today and appear Hillandale Farms of Iowa. on pages H6857 and H6858. There were no quorum calls. FHA LOAN REFORMS Adjournment: The House met at 2 p.m. and ad- Committee on Financial Services: Held a hearing enti- journed at 9:03 p.m. tled ‘‘Implementation of Higher FHA Loan Fees and Pending Legislative Proposals to Strengthen the Committee Meetings FHA MMIF Fund and Improve Lender Oversight.’’ DISTANCE LEARNING FOR-PROFIT Testimony was heard from David H. Stevens, Assist- COLLEGE TUITION ASSISTANCE ant Secretary, Housing and Commissioner of the Federal Housing Administration, Department of Committee on Armed Services: Subcommittee on Over- Housing and Urban Development. sight and Investigations held a hearing on A Ques- tion of Quality and Value: Department of Defense INTERNATIONAL FINANCIAL SYSTEM Oversight of Tuition Assistance Used for Distance Learning and For-Profit Colleges. Testimony was STATE heard from the following officials of the Department Committee on Financial Services: Held a hearing on the of Defense: Robert L. Gordon III, Deputy Under State of the International Financial System, Includ- Secretary, Military Community and Family Policy, ing International Regulatory Issues Relevant to the Office of the Under Secretary, (Personal and Readi- Implementation of the Dodd-Frank Act. Testimony ness); Anthony Stamillo, Deputy Assistant Secretary, was heard from Timothy F. Geithner, Secretary of Civilian Personnel and Quality of Life, U.S. Army; the Treasury.

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SOUTH PACIFIC TUNA TREATY cluding a discussion of H.R. 4343, Minority Busi- RENEGOTIATION; HUMAN RIGHTS ABUSES ness Development Improvements Act of 2009. Testi- Committee on Foreign Affairs: Subcommittee Asia, The mony was heard from Representative Rush; David Pacific and the Global Environment, hearing on Re- Hinson, Director, Minority Business Development negotiating the South Pacific Tuna Treaty: Shutting Agency, Department of Commerce; Marie C. Johns, Down Closing Loopholes and Protecting U.S. Inter- Deputy Administrator, SBA; Jiyoung Park, Associate ests. Testimony was heard from William Gibbons- Administrator, Small Business Utilization, GSA; Fly, Director, Office of Marine Conservation, Bureau Linda Oliver, Acting Director, Office of Small Busi- of Oceans and International Environment and Sci- ness Programs, Department of Defense; Brandon entific Affairs, Department of State; and Russell Neal, Director, Office of Small and Disadvantaged Smith III, Deputy Assistant Secretary, International Business Utilization, Department of Transportation; Fisheries, NOAA, Department of Commerce. and public witnesses.. The Subcommittee also held a hearing on Crimes Against Humanity: When Will Indonesia’s Military U.S. MANUFACTURING POLICY Be Held Accountable for Deliberate and Systematic Abuses in West Papua? Testimony was heard from Committee on Oversight and Government Reform: Sub- Joseph Y. Yun, Deputy Assistant Secretary, Bureau committee on National Security and Foreign Affairs of East Asian and Pacific Affairs, Department of held a hearing entitled ‘‘Made in the USA: Manufac- State; Robert Scher, Deputy Assistant Secretary, turing Policy, the Defense Industrial Base, and U.S. South and Southeast Asia Asian and Pacific Security National Security.’’ Testimony was heard from pub- Affairs, Department of Defense; and public wit- lic witnesses. nesses. THE SMALL BUSINESS JOBS AND CREDIT OIL SPILL PLANNING AND RESPONSE ACT Committee on Homeland Security: Held a hearing enti- tled ‘‘DHS Planning and Response: Preliminary Les- The Committee on Rules: Granted, by a non-record sons from Deepwater Horizon.’’ Testimony was heard vote, a rule for consideration of the Senate amend- from the following officials of the Department of ment to H.R. 5297, the ‘‘Small Business Jobs and Homeland Security: Richard M. Chavez, Acting Di- Credit Act of 2010.’’ The rule makes in order a mo- rector, Operations Coordination and Planning; and tion offered by the chair of the Committee on Finan- Richard L. Skinner, Inspector General; William O. cial Services that the House concur in the Senate Jenkins, Jr., Director, Homeland Security and Justice amendment to H.R. 5297. The rule waives all points Issues, GAO; RADM Peter Neffenger, USCG, Dep- of order against consideration of the motion. The uty National Incident Commander, Deepwater Hori- rule provides that the Senate amendment and the zon Oil Spill Response; Craig Paul Taffaro, Jr., motion shall be considered as read. The rule provides President, St. Bernard Parish, State of Louisiana; and one hour of debate on the motion equally divided a public witness. and controlled by the chair and ranking minority HOLOCAUST INSURANCE member of the Committee on Financial Services, the ACCOUNTABILITY ACT OF 2010 chair and ranking minority member of the Com- mittee on Small Business, and the chair and ranking Committee on the Judiciary: Subcommittee on Com- minority member of the Committee on Ways and mercial and Administrative Law held a hearing on H.R. 4596, Holocaust Insurance Accountability Act Means. The rule authorizes the Speaker to entertain of 2010. Testimony was heard from Representative motions that the House suspend the rules at any Schiff, Ros-Lehtinen, and Garamendi; Ambassador time through the legislative day of October 1, 2010. Stuart Eizenstat, Special Advisor to the Secretary for The rule also provides that the Speaker or her des- Holocaust Issues, Office of Holocaust Issues, Depart- ignee shall consult with the Minority Leader or his ment of State; Anna Rubin, Director, Holocaust designee on the designation of any matter for consid- Claims Processing Office, Banking Department, New eration under suspension of the rules pursuant to the York State; and public witnesses. resolution. The rule waives clause 6(a) of rule XIII (requiring a two-thirds vote to consider a rule on the MINORITY CONTRACTING same day it is reported from the Rules Committee) Committee on Oversight and Government Reform: Sub- against any resolution reported from the Rules Com- committee on Government Management, Organiza- mittee through the legislative day of October 1, tion, and Procurement held a hearing entitled ‘‘Mi- 2010. Testimony was heard from Chairman Frank of nority Contracting: Opportunities and Challenges for Massachusetts and Representative Neugebauer. Current and Future Minority-Owned Businesses,’’ in-

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AIRPORT RESIDENTIAL THROUGH-THE- COMMITTEE MEETINGS FOR THURSDAY, FENCE AGREEMENTS SEPTEMBER 23, 2010 Committee on Transportation and Infrastructure: Held a hearing on Residential Through-the-Fence Agree- (Committee meetings are open unless otherwise indicated) ments at Public Airports: Action to Date and Chal- lenges Ahead. Testimony was heard from Represent- Senate ative Schrader; Catherine M. Lang, Acting Associate Committee on Banking, Housing, and Urban Affairs: To Administrator, Office of Airports, Department of hold hearings to examine the Federal Housing Adminis- Transportation; Carol L. Comer, Aviation Programs tration, focusing on current condition and future chal- Manager, Department of Transportation, State of lenges, 10 a.m., SD–538. Georgia; Mitch Swecker, State Airports Manager, Committee on Commerce, Science, and Transportation: To Department of Aviation, State of Oregon; and public hold hearings to examine the need for a nationwide pub- witnesses. lic safety network, 10:15 a.m., SR–253. Committee on Energy and Natural Resources: To hold hear- ings to examine the Department of Energy’s Loan Guar- LESSONS FROM KATRINA antee Program and its effectiveness in spurring the near- Committee on Transportation and Infrastructure: Sub- term deployment of clean energy technology, 9:30 a.m., committee on Economic Development, Public Build- SD–366. ings, and Emergency Management held a hearing on Committee on Finance: To hold hearings to examine tax Five Years after Katrina: Where We Are and What reform, focusing on lessons from the Tax Reform Act of 1986, 10 a.m., SD–215. We Have Learned for Future Disasters. Testimony Committee on Foreign Relations: To hold hearings to ex- was heard from the following officials of the Depart- amine the nomination of Cameron Munter, of California, ment of Homeland Security: Matt Jadacki, Assistant to be Ambassador to the Islamic Republic of Pakistan, Inspector General, Emergency Management Over- Department of State, 9:45 a.m., SD–419. sight; and Tony Russell, Region VI Administrator, Subcommittee on East Asian and Pacific Affairs, to FEMA; Mike Womack, Executive Director, Emer- hold hearings to examine challenges to water and security gency Management Agency, State of Mississippi; in Southeast Asia, 2 p.m., SD–419. Francis McCarthy, Federalism, Federal Elections and Committee on Health, Education, Labor, and Pensions: Busi- Emergency Management Section, CRS, Library of ness meeting to consider S. 3751, to amend the Stem Cell Therapeutic and Research Act of 2005, and the Congress; and public witnesses. nominations of Subra Suresh, of Massachusetts, to be Di- rector of the National Science Foundation, Mary Minow, NATIONAL COUNTERTERRORISM of California, to be a Member of the National Museum CENTER—ANALYTICAL EFFORTS and Library Services Board, Julie Reisken, of Colorado, Permanent Select Committee on Intelligence: Sub- Joseph Pietrzyk, of Ohio, and Harry Korrell III, of Wash- ington, all to be a Member of the Legal Services Corpora- committee on Oversight and Investigations met in tion Board, and Pamela Young-Holmes, of Wisconsin, to executive session to receive a briefing on Analytical be a member of the National Council on Disabilities, Efforts at the National Counterterrorism Center. The subcommittee assignments, and any pending calendar Subcommittee was briefed by departmental wit- business, Time to be announced, S–216, Capitol. nesses. Committee on the Judiciary: Business meeting to consider S. 3675, to amend chapter 11 of title 11, United States GLOBAL CLEAN ENERGY RACE Code, to address reorganization of small businesses, S. 2888, to amend section 205 of title 18, United States Select Committee on Energy Independence and Global Code, to exempt qualifying law school students partici- Warming: Held a hearing entitled ‘‘The Global Clean pating in legal clinics from the application of the general Energy Race.’’ Testimony was heard from public conflict of interest rules under such section, S. 3767, to witnesses. establish appropriate criminal penalties for certain know- ing violations relating to food that is misbranded or adul- terated, S. 3804, to combat online infringement, and the Joint Meetings nominations of Kathleen M. O’Malley, of Ohio, to be United States Circuit Judge for the Federal Circuit, Beryl No joint committee meetings were held. Alaine Howell, and Robert Leon Wilkins, both to be United States District Judge for the District of Columbia, Edward Milton Chen, to be United States District Judge for the Northern District of California, Louis B. Butler, Jr., to be United States District Judge for the Western District of Wisconsin, John J. McConnell, Jr., to be

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United States District Judge for the District of Rhode Is- retary of Health and Human Services to transmit certain land, Goodwin Liu, of California, to be United States Cir- documents relating to documents prepared by the Centers cuit Judge for the Ninth Circuit, Robert Neil Chatigny, for Medicare and Medicaid Services regarding the Patient of Connecticut, to be United States Circuit Judge for the Protection and , 10 a.m., 2123 Ray- Second Circuit, and William C. Killian, to be United burn. States Attorney for the Eastern District of Tennessee, Subcommittee on Commerce, Trade and Consumer Robert E. O’Neill, to be United States Attorney for the Protection, hearing on H.R. 6149, Coin and Precious Middle District of Florida, Albert Najera, to be United Metal Disclosure Act, 2 p.m., 2322 Rayburn. States Marshal for the Eastern District of California, Wil- Subcommittee on Energy and Environment, hearing liam Claud Sibert, to be United States Marshal for the entitled ‘‘Pipeline Safety Oversight and Legislation,’’ 2 Eastern District of Missouri, Myron Martin Sutton, to be p.m., 2123 Rayburn. United States Marshal for the Northern District of Indi- Committee on Financial Services, hearing entitled ‘‘Per- ana, David Mark Singer, to be United States Marshal for spectives on the Livable Communities Act of 2010,’’ 2:30 the Central District of California, Steven Clayton Stafford, p.m., 2128 Rayburn. to be United States Marshal for the Southern District of Subcommittee on Capital Markets, Insurance, and Gov- California, and Jeffrey Thomas Holt, to be United States ernment Sponsored Enterprises, hearing entitled ‘‘Assess- Marshal for the Western District of Tennessee, all of the ing the Limitations of the Securities Investor Protection Department of Justice, 10 a.m., SD–226. Act,’’ 10 a.m., 2128 Rayburn. Committee on Veterans’ Affairs: To hold an oversight Subcommittee on Financial Institutions and Consumer hearing to examine Veterans’ Affairs disability compensa- Credit, hearing on H.R. 3149, Equal Employment for All tion, focusing on presumptive disability decision-making, Act, 10 a.m., 2220 Rayburn. 9:30 a.m., SDG–50. Committee on Homeland Security, hearing entitled ‘‘Secur- Select Committee on Intelligence: To hold closed hearings ing America’s Transportation Systems: The Target of Ter- to examine certain intelligence matters, 2:30 p.m., rorists and TSA’s New Director,’’ 2 p.m., 311 Cannon. SH–219. Committee on House Administration, to mark up H.R. House 6116, Fair Elections Now Act, 11 a.m., 1310 Longworth. Committee on the Judiciary, Subcommittee on Constitu- Committee on Armed Services, hearing on U.S. Cyber tion, Civil Rights, and Civil Liberties, hearing on ECPA Command: Organizing for Cyberspace Operations, 10 and the Revolution in Cloud Computing, 11 a.m., 2141 a.m., 2118 Rayburn. Rayburn. Subcommittee on Terrorism, Unconventional Threats, Committee on Natural Resources, Subcommittee on Energy and Capabilities, hearing on Operating in the Digital Do- and Mineral Resources, hearing on H.R. 4817, To amend main: Organizing the Military Departments for Cyber Operations, 2 p.m., 2212 Rayburn. the Surface Mining Control and Reclamation Act of 1977 Committee on Education and Labor, hearing on Protecting to clarify that uncertified States and Indian tribes have Student Athletes from Concussions Act, 10 a.m., 2175 the authority to use certain payments for certain noncoal Rayburn. reclamation projects, 10 a.m., 1334 Longworth. Committee on Energy and Commerce, to mark up the fol- Subcommittee on National Parks, Forests and Public lowing measures: H.R. 758, Pediatric Research Consortia Lands, oversight hearing entitled ‘‘The Role of Partner- Establishment Act; H.R. 1032, Heart Disease Education, ships in National Parks,’’ 10 a.m., 1324 Longworth. Analysis Research, and Treatment for Women Act; H.R. Committee on Oversight and Government Reform, hearing 1210, Arthritis Prevention, Control, and Cure Act; H.R. entitled ‘‘Transition in Iraq: Is the State Department Pre- 1230, Acquired Bone Marrow Failure Disease Research pared to Take the Lead?’’; followed by consideration of and Treatment Act; H.R. 1347, Concussion Treatment following measures: H.R. 3243, To amend section 5542 and Care Tools Act; H.R. 1362, National Neurological of title 5, United States Code, to provide that any hours Disease Surveillance System Act of 2010; H.R. 1995, Di- worked by Federal firefighters under a qualified trade-of- abetes in Minority Populations Evaluation Act of 2010; time arrangement shall be excluded for purposes of deter- H.R. 2408, Scleroderma Research and Awareness Act of minations relating to overtime pay; H.R. 5367, D.C. 2010; H.R. 2818, Methamphetamine Education, Treat- Courts and Public Defender Service Act of 2010; H.R. ment, and Hope Act of 2010; H.R. 2941, To reauthorize 5702, To amend the District of Columbia Home Rule and enhance Johanna’s Law to increase public awareness Act to reduce the waiting period for holding special elec- and knowledge with respect to gynecologic cancers, H.R. tions to fill vacancies in the membership of the Council 2999, Veterinary Public Health amendments Act of of the District of Columbia; H.R. 5368, United States 2010; H.R. 5354, Gestational Diabetes Act of 2010; Postal Service Inspectors Equity Act; H.R. 6026, Access H.R. 5462, Birth Defects Prevention, Risk Reduction, to Congressionally Mandated Reports Act; and several and Awareness Act of 2010; H.R. 6012, To direct the commemorative and postal naming bills, 10 a.m., 210 Secretary of Health and Human Services to review uptake HVC. and utilization of diabetes screening benefits and establish Subcommittee on Federal Workforce, Postal Service an outreach program with respect to such benefits; H.R. and the District of Columbia, hearing entitled ‘‘Moving 6081, Stem Cell Therapeutic and Research Reauthoriza- Forward After the NTSB Report: Making Metro a Safety tion Act of 2010; and H. Res. 1561, Directing the Sec- Leader,’’ 2 p.m., 2203 Rayburn.

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Committee on Science and Technology, to consider the fol- Committee on Veterans’ Affairs, Subcommittee on Health, lowing measures: H.R. 5866, Nuclear Energy Research hearing on Veterans Health Administration Contracting and Development Act of 2010; and H.R. 6160, Rare and Procurement Practices, 10 a.m., 334 Cannon. Earths and Critical Materials Revitalization Act of 2010, Permanent Select Committee on Intelligence, executive, brief- 10 a.m., 2318 Rayburn. ing on Reorganization of the Office of the Director of Subcommittee on Research and Science Education, National Intelligence, 12:30 p.m., 304–HVC. hearing on The Science of Science and Innovation Policy, Subcommittee on Intelligence Community Manage- 2 p.m., 2325 Rayburn. ment, executive, briefing on Outside Employment of In- Subcommittee on Technology and Innovation, hearing telligence Community Professionals, 2 p.m., 304–HVC. on Progress on P25: Furthering Interoperability and Select Committee on Energy Independence and Global Warm- Competition for Public Safety Radio Equipment, 2 p.m., ing, briefing entitled ‘‘Extreme Weather in a Warming 2318 Rayburn. World,’’ 11 a.m., 2237 Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, September 23 10 a.m., Thursday, September 23

Senate Chamber House Chamber Program for Thursday: After the transaction of any Program for Thursday: Consideration of the Senate morning business (not to extend beyond 10:30 a.m.), Sen- Amendment to H.R. 5297—Small Business Jobs and ate will begin consideration of the motion to proceed to Credit Act of 2010 (Subject to a Rule). consideration of S.J. Res. 30, a joint resolution of dis- approval regarding the National Mediation Board, and after a period of debate, vote on adoption of the motion to proceed at approximately 12:30 p.m., and if the mo- tion to proceed is successful, Senate vote on passage of the joint resolution; following which, Senate will resume consideration of the motion to proceed to consideration of S. 3628, DISCLOSE Act, and after a period of debate, vote on the motion to invoke cloture on the motion to proceed to consideration of the bill at 2:15 p.m.

Extensions of Remarks, as inserted in this issue

HOUSE Johnson, Sam, Tex., E1708 Rogers, Mike, Ala., E1702 Kilroy, Mary Jo, Ohio, E1709 Ruppersberger, C.A. Dutch, Md., E1699 Bilirakis, Gus M., Fla., E1690, E1710 Kucinich, Dennis J., Ohio, E1703, E1705, E1706, E1707, Sanchez, Loretta, Calif., E1702 Blackburn, Marsha, Tenn., E1707 E1708 Schwartz, Allyson Y., Pa., E1690 Bonner, Jo, Ala., E1711 Lamborn, Doug, Colo., E1700 Scott, David, Ga., E1703 Boozman, John, Ark., E1693 Langevin, James R., R.I., E1692 Scott, Robert C. ‘‘Bobby’’, Va., E1712, E1713 Bordallo, Madeleine Z., Guam, E1701, E1702 Latham, Tom, Iowa, E1689, E1695 Sensenbrenner, F. James, Jr., Wisc., E1693 Boustany, Charles W., Jr., La., E1695 McClintock, Tom, Calif., E1690, E1700, E1701 Sestak, Joe, Pa., E1703 Brady, Robert A., Pa., E1689 McDermott, Jim, Wash., E1701, E1708 Shuster, Bill, Pa., E1690, E1708 Burton, Dan, Ind., E1705 McGovern, James P., Mass., E1692 Sires, Albio, N.J., E1700 Capuano, Michael E., Mass., E1702 McIntyre, Mike, N.C., E1706 Skelton, Ike, Mo., E1706, E1709 Cardoza, Dennis A., Calif., E1698 Maloney, Carolyn B., N.Y., E1692 Smith, Adrian, Nebr., E1707 Castle, Michael N., Del., E1696, E1697, E1699, E1700 Marshall, Jim, Ga., E1702 Space, Zachary T., Ohio, E1704 Clay, Wm. Lacy, Mo., E1691 Miller, Jeff, Fla., E1711, E1712, E1714 Stark, Fortney Pete, Calif., E1697 Coffman, Mike, Colo., E1701 Norton, Eleanor Holmes, D.C., E1699, E1707 Stearns, Cliff, Fla., E1694 Connolly, Gerald E., Va., E1711, E1713, E1714 Oberstar, James L., Minn., E1704 Sullivan, John, Okla., E1694 Conyers, John, Jr., Mich., E1698 Owens, William L., N.Y., E1698 Donnelly, Joe, Ind., E1695 Perlmutter, Ed, Colo., E1689, E1690, E1691 Sutton, Betty, Ohio, E1705 Emerson, Jo Ann, Mo., E1690 Perriello, Thomas S.P., Va., E1697 Thompson, Mike, Calif., E1691 Farr, Sam, Calif., E1699 Poe, Ted, Tex., E1696 Towns, Edolphus, N.Y., E1691, E1692, E1693, E1695 Gordon, Bart, Tenn., E1698 Price, Tom, Ga., E1709, E1711 Walden, Greg, Ore., E1712 Hastings, Alcee L., Fla., E1690, E1693 Putnam, Adam H., Fla., E1708 Walz, Timothy J., Minn., E1697, E1710 Honda, Michael M., Calif., E1689 Reichert, David G., Wash., E1694 Wolf, Frank R., Va., E1705

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