10652 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 27, 2009 SENATE—Monday, April 27, 2009

The Senate met at 2 p.m. and was Mr. REID. Mr. President, I ask unan- homeowners, they become more des- called to order by the Honorable MARK imous consent that the order for the perate for help. Unfortunately, schem- BEGICH, a Senator from the State of quorum call be rescinded. ers, swindlers, and scam artists are all Alaska. The PRESIDING OFFICER (Mr. WAR- too happy to pounce. Just today it was NER). Without objection, it is so or- announced that the Justice Depart- PRAYER dered. ment charged five people in Maryland The Chaplain, Dr. Barry C. Black, of- f with orchestrating a massive and com- fered the following prayer: plex mortgage fraud scheme. The com- SCHEDULE Let us pray: pany cheated more than 1,000 people Holy God who inhabits eternity, lead Mr. REID. Mr. President, following out of more than $70 million. There our lawmakers with Your might. Help leader remarks, there will be a period would be more of these cases filed if them to not run ahead of You or ignore of morning business until 4:20 today, the authorities had more resources to Your wisdom. Lord, restore their spir- with Senators to be allowed to speak do so. This week, we are going to vote on its with trust and hope and order their for up to 10 minutes each. We moved the vote to 5:20 for a cou- the Fraud Enforcement and Recovery steps toward Your desired destination. Act. This bill provides critical funding Keep them calm in the quiet center of ple of Senators. No one will miss the vote. We will act as if the vote started and new tools to let law enforcement their lives so that they may be serene prosecute and punish those responsible at 5:30 rather than 5:20. in life’s swirling stresses. Fill them for the mortgage and corporate frauds Following morning business, the Sen- with the peace that comes from keep- that have hurt countless hard-working ate will resume consideration of the ing their focus on You. Help them to Americans and led to the worst finan- Fraud Enforcement and Recovery Act. listen to others as attentively as they cial crisis in decades. Passing this bill want others to listen to them. At 5:20, there will be a vote on cloture will be a crucial step toward deterring We pray in Your great Name. Amen. in relation to that legislation. Under the types of financial fraud and illegal an agreement we reached on Thursday, f manipulation of markets that are the if cloture is invoked all pending root cause of the current economic cri- PLEDGE OF ALLEGIANCE amendments will be disposed of and the sis. The Honorable MARK BEGICH led the vote on passage of the bill will occur at Law enforcement agencies charged Pledge of Allegiance, as follows: noon tomorrow. All pending amend- with protecting the American people ments are not germane to the bill and I pledge allegiance to the Flag of the from financial fraud are chronically United States of America, and to the Repub- therefore all fall under rule XXII, if understaffed. These agencies are in des- lic for which it stands, one nation under God, cloture is invoked. perate need of personnel to help them indivisible, with liberty and justice for all. f because these schemes, such as the one f MEASURES PLACED ON THE I mentioned in Maryland, are ones CALENDAR—S. 895, S. 896 where people have to be involved. You APPOINTMENT OF ACTING just can’t do this working out of some PRESIDENT PRO TEMPORE Mr. REID. Mr. President, there are office. We need investigators, we need The PRESIDING OFFICER. The two bills at the desk due for a second prosecutors, we need personnel with clerk will please read a communication reading, I am told. specialized knowledge who can inves- to the Senate from the President pro The PRESIDING OFFICER. The tigate and prosecute complicated tempore (Mr. BYRD). clerk will read the titles of the bills money-laundering schemes, mortgage The legislative clerk read following the second time. fraud, and conspiracies to manipulate letter: The legislative clerk read as follows: derivatives. The Fraud Enforcement A bill (S. 895) to prevent mortgage fore- U.S. SENATE, and Recovery Act will give the FBI, closures and enhance mortgage credit avail- PRESIDENT PRO TEMPORE, the Department of Justice, and other Washington, DC, April 27, 2009. ability. Federal agencies the resources to hire To the Senate: A bill (S. 896) to prevent mortgage fore- the help they need to protect American Under the provisions of rule I, paragraph 3, closures and enhance mortgage credit avail- investments. It will also close several ability. of the Standing Rules of the Senate, I hereby legal loopholes that otherwise may appoint the Honorable MARK BEGICH, a Sen- Mr. REID. Mr. President, I object to allow individuals guilty of criminal ator from the State of Alaska, to perform further proceedings with respect to conduct to evade prosecution. Individ- the duties of the Chair. these bills, en bloc. uals who have engaged in corruption or ROBERT C. BYRD, The PRESIDING OFFICER. Objec- President pro tempore. deliberate criminal behavior should tion is heard. The bills will be placed not be able to escape punishment on a Mr. BEGICH thereupon assumed the on the calendar. technicality. chair as Acting President pro tempore. f This bill would update Federal fraud f statutes to include mortgage lending FRAUD ENFORCEMENT AND businesses that are not directly regu- RECOGNITION OF THE MAJORITY RECOVERY ACT lated or insured by the Federal Govern- LEADER Mr. REID. Mr. President, every day ment. Although these companies were The ACTING PRESIDENT pro tem- brings more bad news for American responsible for nearly half of the resi- pore. The majority leader is recog- homeowners. In Las Vegas alone, 1 in dential mortgage market before the nized. every 22 families received a foreclosure economic collapse, they have remained Mr. REID. Mr. President, I suggest notice between January and March. largely unregulated. It would also pro- the absence of a quorum. That is seven times the national aver- tect the funds provided under the eco- The ACTING PRESIDENT pro tem- age. All across the country, the num- nomic recovery plan and the Troubled pore. The clerk will call the roll. bers have skyrocketed since the begin- Asset Relief Program and swiftly pun- The legislative clerk proceeded to ning of the year. As foreclosures men- ish anyone who would attempt to mis- call the roll. ace more and more hard-working use this money.

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

VerDate Mar 15 2010 13:53 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR09\S27AP9.000 S27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10653 Finally, this bill will strengthen the afternoon, I would like to take a few equipped to deal with many of the False Claims Act, one of the most im- moments to explain why these prin- problems that arise in this fight. portant civil tools we have for rooting ciples are so important. I would also At a time such as this, hampering out fraud in Government. In the last like to outline a few of the areas where the vital work of our Nation’s intel- few months, we have taken strong I agree and where I respectfully dis- ligence professionals is exactly the steps to steer the American economy agree with the foreign policy decisions wrong thing to do. I have already open- toward recovery, but we must do more. the new administration has made. ly and repeatedly expressed my dis- We must ensure that the money we are I will begin with the praise. In my agreement with the administration’s spending to get our economy back on view, the President admirably followed approach on Guantanamo. Americans track is used in the manner in which the principle of maintaining and em- would like to know why they are pre- we intended it. ploying a strong defense when he ac- paring to transfer prisoners involved in The American people are depending cepted the advice of his military com- the 9/11 attacks either to facilities that on us to act quickly to ensure that manders to withdraw U.S. troops from are outside our control entirely or here those whose criminal behavior caused Iraq based on conditions on the ground, in the United States. They want assur- the current financial crisis are brought not political calculations. He followed ances the next detention facility, or to justice and to ensure law enforce- this principle again by pursuing in Af- the country to which they are trans- ment has the tools and resources to ghanistan the same counterinsurgency ferred, keeps them as safe as Guanta- deter such conduct in the future. We strategy that has worked in Iraq. The namo has. cannot allow con artists to cheat work- administration deserves credit for both So far, the administration has not ing families who play by the rules. We decisions. I have not been hesitant in been able to provide those assurances. cannot allow them to deceive those giving it that credit. Its only assurance is that Guantanamo who make an honest living. We cannot The next step, of course, is to keep will close sometime within the next 9 let them steal from people who seek our forces ready. In order to do so, the months. To achieve that goal, the ad- nothing more than their fair share of Senate must pass the administration’s ministration has asked Congress for $80 the American dream. supplemental spending request to train million in the upcoming supplemental I would like to spread across the and equip the armed services. This is a war funding bill. In my view, Congress record here what terrific work Senator spending request I will support. would be shirking its duties if it were LEAHY, the chairman of the Judiciary Unfortunately, the administration to approve these funds one second—one Committee, has done—and members on erred when it selectively declassified a second—before we know exactly what his committee. This is important legis- number of so-called CIA interrogation the administration plans to do with lation. The wise nature of Senator memos almost in their entirety. The these terrorists. LEAHY and his experience have allowed choice on this issue was clear: Defend News reports over the weekend sug- this bill to be reported out of that big career intelligence professionals or re- gest the administration is very close to committee, and it is going to pass to- veal to al-Qaida terrorists the interro- announcing the release of a number of morrow. I commend and applaud Sen- gation methods they can expect to face detainees into the United States, not ator LEAHY for his good work. It is if captured. to detention facilities but into the something the country has badly need- The administration chose the latter. United States, directly into our com- ed. It is long overdue, but it is cer- That was a mistake. It would also be a munities and neighborhoods right here tainly ripe for passage now. mistake for the administration to pur- on U.S. soil. I urge my colleagues to support the sue or condone the kind of protracted Virtually every Member of the Sen- Fraud Enforcement and Recovery Act investigation that some have proposed ate is on record opposing the transfer and protect struggling homeowners at into intelligence-gathering efforts of detainees to U.S. soil, even if it only the time they need it the most. after the 9/11 attacks. meant incarcerating them in some of f Some of the President’s own advisers our Nation’s most secure prisons. We have warned that such an investigation had that vote a couple years ago, 94 to RECOGNITION OF THE MINORITY would only serve to demoralize the in- 3. The presumption was that they LEADER telligence community and, therefore, would be coming to the United States The PRESIDING OFFICER. The Re- weaken its ability to protect the Amer- and incarcerated, not free. The Senate publican leader is recognized. ican people. Moreover, the President expressed itself 94 to 3 against such a f himself has repeatedly said America release. must use all the tools in its arsenal ad- Until these new reports emerged, no U.S. FOREIGN POLICY dressing problems we face, including, one had even ever contemplated the Mr. MCCONNELL. Mr. President, presumably, the ongoing threat of Is- possibility of releasing trained terror- America faces many serious chal- lamic terrorists. ists into American communities. It lenges, not only at home but abroad. I Weakening our tools of intelligence never occurred to anyone. If the admin- was reminded of that fact in a vivid through an investigation of the intel- istration actually follows through on way during my own recent trip to Iraq ligence community and other key deci- this shocking proposal, it will have and to the broader Middle East. I was sionmakers would, by definition, make clearly answered the question of reminded of it as I followed, with great that pledge impossible to fulfill. It whether its plan for the inmates at interest, the President’s recent trips to would also serve to divide us, I fear, at Guantanamo will keep America as safe Europe and South America as well as a time when we must continue to as Guantanamo has. some of his recent decisions relating to present a united and determined front By releasing trained terrorists into the shape and spirit of U.S. foreign pol- to our known enemies. civilian communities in the United icy. In my view, the Commander in Chief States, the administration will, by def- What these trips and decisions have has an obligation to unify the country inition, endanger the American people. shown many of us is that looking for- while we are at war and at risk. Moreover, by releasing trained terror- ward we would do well to reaffirm some Looked at in this context, attacking ists into the United States, the admin- basic foreign policy principles that each other on these issues is not only istration may run afoul of U.S. law, have served America well in the past; counterproductive, it is actually dan- something that was pointed out to us namely, that our security and our pros- gerous. It is important to remember we by the Senator from Alabama some perity rely on a strong national de- are still very much engaged in a global weeks back. Many were unaware that fense, both militarily and with regard fight against terror, and as long as that such a release might actually violate to the gathering of intelligence, and fight continues, a strong, ready defense U.S. law, and I believe the Senator that America must honor its commit- will require strong support for an intel- from Alabama will have more to say ments to allies and alliances. This ligence community that is uniquely about that shortly.

VerDate Mar 15 2010 13:53 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR09\S27AP9.000 S27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10654 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 27, 2009 That law presumably would prohibit Israel and a number of moderate Arab These envoys face significant chal- admission to the United States of any- regimes have all risked a great deal in lenges, from divides among the Pales- one who has trained for, engaged in, or confronting Islamic extremism. We tinian people to the growth of the espoused terrorism. Before any deci- need to assure every one of them that Taliban inside Pakistan. During their sion is made that will affect the safety the administration’s negotiations with negotiations, these envoys are likely to of American communities, the Attor- Iran will lead to real results. make commitments that Congress will ney General needs to explain how his The challenges we face abroad will be expected to fulfill or fund, but Con- decision will make America safer and require much patience and endurance, gress cannot be expected to simply whether this decision complies with as they always have. Efforts to im- hand out funds to support negotiations U.S. law. prove our image abroad are a part of we know nothing about. These special I also disagree with the administra- that. But we should not overvalue the envoys should be accountable to Con- tion’s recent pledge to ratify the Com- power of personal diplomacy in over- gress. prehensive Test Ban Treaty, a treaty coming problems that have been with Every American President from that we have voluntarily abided by for us for years. We saw this recently with George Washington to the current day years. Before the President rushes to Iran. In response to the administra- has struggled to balance America’s in- fulfill this goal, America needs assur- tion’s offer of a new era of engagement terests with its ideals. This is some- ances that our nuclear stockpile is that is honest and grounded in mutual thing Americans have long accepted. both reliable and safe. As our nuclear respect, Iran convicted an American But the rush to initiate fresh starts stockpile ages, the assurance becomes journalist to 8 years in jail after a se- with old adversaries or to find quick solutions to the many complex prob- increasingly important. There are only cret trial and accused the United lems we face is not always advisable two ways to ensure the safety of our States in an international forum of when it comes to advancing our long- nuclear stockpile: through actual tests conspiring to create Israel on the ‘‘pre- term interests or in preserving and or by investing in a new generation of text of Jewish sufferings.’’ strengthening alliances or our relation- The administration offered respect, warheads. At the moment, the adminis- ships with allies. tration is not willing to do either. and Iran responded with contempt. Republicans will have many reasons When it comes to deterrence, this rep- Iran continues to fund terrorist organi- to stand with the President in the resents a serious dilemma. zations such as Hezbollah and Hamas, months and years ahead. But we will As Defense Secretary Gates has said: and there is little evidence that any in- not be reluctant to remind them of There is absolutely no way that we can centive can keep the Supreme Leader some of the principles that have served maintain a credible deterrent and reduce the of Iran, Khamenei, from pursuing a nu- us well in the past or to speak out number of warheads in our stockpile without clear weapon. against decisions with which we respec- resorting [either] to testing our stockpile or Iran must be deterred. tively disagree. pursuing a modernization program. Then there is Cuba. In response to As we wage two wars overseas, we As we seek to keep our defenses the administration’s proposal for a must be sure to maintain strong rela- strong, we must also be careful to keep ‘‘fresh start’’ in our relations with tions with our allies. our commitments to our allies and Communist Cuba, Fidel Castro said the Some days they will need us. Some friends, particularly in the Middle East new administration had confused his days we will need them. But in a dan- and in NATO. After all, what good is an brother Raul’s reaffirmation of the gerous world, these vital relationships alliance if one of its members cannot Cuban Revolution and its principles for must be preserved. We must also pre- be trusted to uphold its end of the bar- an openness to discussing Democratic serve the dominance of the U.S. mili- gain. If America cannot be expected to reform. tary in the near term and in the long keep its word, we cannot expect others As far as fresh starts go, this was not term. And any arms control agreement to keep theirs. particularly encouraging to me, nor sent to the Senate must be verifiable Now, our NATO allies need to know was it likely to encourage the 11 mil- and clearly in the national interest. we will not walk away from missile de- lion Cuban citizens who continue to be These are principles all of us should fense or rush to reduce our own nuclear denied any basic human right, the agree on and all of us should be eager stockpile in the misguided hope of se- thousands of Cubans who, according to and able to defend. Our allies deserve curing a promise of cooperation from the State Department, are forced to to know that we will be guided by Russia with respect to Iran. The notion serve jail sentences without even hav- them, and so too, I believe, do the that the key to containing Iran lies ing been charged of a specific crime or American people. with Russian cooperation is not new. human rights advocates who face arbi- I yield the floor. But it has repeatedly proven to be fu- trary arrest, detention, and the denial f tile. The previous administration pur- of a fair trial. RESERVATION OF LEADER TIME sued the path of cooperation in the What about Venezuelans who face ar- form of the Nuclear Cooperation 123 bitrary arrest and detention and who The PRESIDING OFFICER. Under Agreement, and Russia did not end its cannot expect a fair trial? It is un- the previous order, the leadership time arms sales to Iran as a result. likely they would cheer by the new ad- is reserved. I might add, that treaty was subse- ministration’s warm embrace of a man f quently withdrawn. We should learn who oppresses them. Imagine the sig- MORNING BUSINESS from our mistakes, not repeat them. nal this sends to those in Venezuela The PRESIDING OFFICER. Under This means that as we engage the Rus- and throughout the world who are the previous order, the Senate will pro- sians, we must also do so as realists. fighting for the freedom and Demo- ceed to a period of morning business The newer members of the NATO alli- cratic reforms and who expect the until 4:20 p.m., with Senators per- ance must know the United States will United States to defend and to protect mitted to speak for up to 10 minutes not help Russia carve out a new sphere their efforts in our dealings with each, with the time equally divided be- of influence in the 21st century to friends and foes alike. tween the two leaders or their des- match the one it had in the second half Similarly concerning is the increas- ignees. of the 20th century. ing reliance on special envoys. The ad- The Senator from Alabama. The administration should be equally ministration has rushed several of f realistic in its dealings with Iran. It those envoys, all fine public servants, must make perfectly clear that pursuit to foreign capitals. Yet none of them CONCERNS ABOUT RELEASE OF of nuclear weapons is unacceptable. were subject to Senate confirmation or GITMO DETAINEES This means explaining to our friends are answerable in any way to Congress. Mr. SESSIONS. Mr. President, I and to our foes that the pursuit of such I see by the morning paper they require thank Senator MCCONNELL for his lead- a program will have consequences. considerable staff. ership on the issue of securing the

VerDate Mar 15 2010 13:53 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR09\S27AP9.000 S27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10655 peace and security of the United States Committee. That was a respectful and street.’’ But his solution was not to of America and the challenges we face proper request I made. I have not heard continue detention or to release de- in this very difficult world. I am from him at all. Yet we are reading in tainees to their home countries or to pleased it was he who offered a resolu- the paper that there is a plan afoot to China, which wants them. Rather, he tion not long ago that passed 94 to 3 to allow this release. said, ‘‘If we are to release them in the say that those terrorists we have in The current stories in the Times and United States, we need some sort of as- Guantanamo should not be released the Associated Press suggest that the sistance for them to start a new life.’’ into the United States. It passed this administration is knowingly and will- So this administration seems more Senate 94 to 3. fully acting contrary to law and to the concerned about the welfare of the dan- So I was alarmed on Friday to see a will of Congress and doing so on a mat- gerous militants, frankly, than it does report in the Los Angeles Times by Ju- ter that is directly at odds with our about the real safety concerns of the lian Barnes, the first line of which said: Government’s obligation to keep American people and of the views of The Obama administration is preparing to America’s communities safe from dan- the citizens of our country who, by admit into the United States as many as gerous terrorists and militants. overwhelming polling data, oppose the seven Chinese Muslims who have been im- Let me say, the Attorney General has release of these Guantanamo inmates prisoned at Guantanamo Bay in the first re- a responsibility to uphold the law and into the country. According to an April lease of any of the detainees into this coun- protect civil rights. But I would say 3, 2009 Rasmussen Reports survey, 75 try, according to current and former U.S. of- this, the primary responsibility of the percent of U.S. voters oppose the re- ficials. Attorney General of the United States lease of Guantanamo inmates into this The Times report was followed by an is to ensure that decent people who fol- country. A similar number—74 per- Associated Press story over the week- low the law are protected from crimi- cent—oppose providing public assist- end entitled ‘‘Holder Close to Making nals and terrorists and those who ance to any Guantanamo detainees Decision on Gitmo Detainees’’—Holder would do them harm. If he is not the who might be released. being Attorney General Eric Holder— one who is going to lead the effort to So what is surprising about the re- which detailed an emerging plan to re- protect us from those who would harm cent news reports about the possible lease a group of Uighurs held at Guan- us, who is? Sometimes I wonder what release of Guantanamo detainees is tanamo into the United States, pos- they think their goal is. that they come on the heels of another sibly northern Virginia. So some will claim that the Uighurs announcement earlier last week which Three weeks ago, on April 2, 2009, I held at Guantanamo are not dangerous made me think the Obama administra- wrote the Attorney General. I am a because the courts and previous admin- tion was coming to understand the member of the Judiciary Committee, istrations agreed that these individuals dangerous nature of the Eastern Turk- and I served in the Department of Jus- are not enemy combatants against the ish Islamic Movement. This past Mon- tice for 15 years. I wrote Mr. Holder on United States. But this argument over- day, April 20, 2009, President Obama’s exactly this issue, to explain my con- looks the fact that the Uighurs aren’t Treasury Department issued a release cerns about the serious national secu- deemed enemy combatants against the listing Abdul Haq as a designated ter- rity and legal issues raised by any pro- United States because the organization rorist. This announcement, which fol- posed release of Guantanamo detain- they were affiliated with, the Eastern lows on the heels of a similar an- ees. In my letter I explained that the 17 Turkistan Islamic Movement, is not nouncement from the United Nations, Uighur detainees currently held at closely associated enough with al- is significant for three key reasons, as Guantanamo ‘‘received military train- Qaida or the Taliban to justify that de- well as a fourth reason that relates di- ing, including firearms training, in ter- termination. But make no mistake rectly to the Uighur detainees: rorist camps in Afghanistan for poten- about it, these detainees are trained Abdul Haq is the leader of the East- tial terrorist actions against Chinese militants with ties to a terrorist orga- ern Turkistan Islamic Movement. interests.’’ nization, albeit one targeting Chinese Abdul Haq was listed as a ringleader I further explained that Federal law, interests rather than American inter- in planned attacks on the Olympic specifically title 8 United States Code ests. They should not be ushered into games in China. section 1182(a)(3)(B), clearly prohibits American communities by this admin- Abdul Haq is listed as a member of a the admission of any alien—and they istration. council within al-Qaida. He is con- are all aliens—who has engaged in var- The Los Angeles Times story from nected to al-Qaida. ious forms of terrorist activity or last week illustrates the danger these Perhaps most importantly, Abdul training, including military type train- detainees pose: Haq is directly tied to the Uighur de- ing ‘‘from or on behalf of any organiza- Not long after being granted access to TV, tainees held at Guantanamo Bay. Ac- tion that, at the time the training was some of the Uighurs were watching a soccer cording to a recent article by Thomas received, was a terrorist organization.’’ game. When a woman with bare arms was Jocelyn, who published a series of ex- The Uighurs at Guantanamo received shown on the screen, one of the group cerpts from the Combatant Status Re- military training, including on AK–47s, grabbed the television and threw it to the view Tribunal proceedings for the at camps run by the Eastern Turkistan ground, according to the officials. Uighurs at Guantanamo, the detainees, Islamic Movement, which has been des- According to the news story, the offi- one after another, testified that they ignated as a terrorist organization by cials at Guantanamo had to censor the were trained by none other than Abdul both the United States and the United TV shows and showed only pretaped Haq who ‘‘was the one responsible for Nations since 2002. Accordingly, under programs that wouldn’t offend the the camp.’’ So just as these detainees the clear letter of Federal immigration Uighurs. If these detainees cannot han- testified that Haq ran the camp and led law, these detainees are not eligible for dle mere televised depictions of West- their training, they, time and again, admission into the United States. In ern culture without violent outbursts, admitted to training on what they re- my letter I called upon the Attorney why are we releasing them into our ferred to as ‘‘the AK–47’’ or ‘‘the Ka- General, whom I supported for that job towns and communities? Even though lashnikov.’’ and have respect for, to explain ‘‘what this seems like an obvious question, It is unbelievable to me that we are legal authority, if any, you believe the this administration seems to have lit- talking about releasing these dan- administration has to admit into the tle concern over it. Rather than sound- gerous detainees into American com- United States Uighurs and/or any other ing alarm bells, the Director of Na- munities, despite the fact that they re- detainee who participated in terrorist- tional Intelligence Dennis Blair pro- ceived military-style training on AK– related activities covered by Section posed releasing the detainees with 47s in a camp run by a known terrorist 1182(a)(3)(B) [of the federal immigra- some form of welfare subsidy. In com- and terrorist organization, both of tion law].’’ He has not responded in any ments in March, Admiral Blair agreed which are designated as such by the way. I am a member of the Judiciary that ‘‘[y]ou can’t just put them on the United States and the United Nations.

VerDate Mar 15 2010 13:53 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR09\S27AP9.000 S27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10656 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 27, 2009 And the administration is doing so just Sudan, and Saudi Arabia—all countries Florida Hurricane Catastrophe Fund— one week after it denounced the man to which the United States has re- that, in effect, reinsures private insur- who trained the Uighur detainees in turned Guantanamo detainees? What ance companies in order to induce the following clear words. This is what message is our government sending them to continue to sell insurance in the Treasury Department said: here, and what will be the repercus- the marketplace. Abdul Haq commands a terror group that sions? Have any of these questions been So the insurance companies, instead sought to sow violence and fracture inter- seriously considered? of going out onto the world markets to national unity at the 2008 Olympic Games in I call on Attorney General Holder to get reinsurance—that is, insurance China. Today, we stand together with the answer my letter of April 2 well before against catastrophe—instead, or in ad- world in condemning this brutal terrorist he plans to release any of these mili- dition to, go to a creature, in Florida’s and isolating him from the international fi- tants onto the streets of America. If he case called the Florida Hurricane Ca- nancial system. is able to travel halfway around the tastrophe Fund. So within a week of our Government world ‘‘to reassure skeptical Euro- The problem is that each of our seeking to condemn and isolate ‘‘this peans,’’ perhaps he can answer a sim- States—Florida and Texas and Cali- brutal terrorist,’’ the administration is ple, direct, two-page letter from this fornia and Louisiana—that are each planning to turn loose his pupils into skeptical Senator. facing this potential megacatastrophe the United States. We know as many as 60 former Guan- event—hurricane or earthquake—find There was a time not long ago when tanamo Bay detainees who were re- it increasingly difficult to buy reinsur- no Senator would need to come to the leased overseas have returned to the ance at an affordable rate. Indeed, floor to explain that it is dangerous battlefield, including some in senior some of the reinsurance cannot be pro- and unlawful to release extremist mili- roles with al-Qaida. That stark reality vided for, even if you go out and try to tants trained by terrorists into the is why the Senate voted 94 to 3 to sup- prearrange a bond issue, given the fact United States. port Senator MCCONNELL’s resolution of these markets that are very uncer- Why would we release them here? We that concluded with these words: tain now about being able to obtain a captured them on the battlefield. We It is the sense of the Senate that detainees bond issue, and that uncertainty is took them to Guantanamo. Now we are housed at Guantanamo Bay, Cuba, including causing a great deal of turmoil for a going to release them. China would senior members of al Qaeda, should not be State to know that it can cover the like to have them back. They are right- released into American society, nor should losses if a major catastrophe hits. ly concerned about the people who at- they be transferred stateside into facilities What I am introducing today—and I tempted to bomb the Olympic games. in American communities and neighbor- will be joined by Senators from Texas, We don’t have to release them here. We hoods. California, and Louisiana, and will ul- don’t have to release them. I note that now-Vice President BIDEN timately invite all of the Senators Well, according to the press reports I and now-Secretary of State Hillary from the States on the Atlantic sea- have cited, the administration is plan- Clinton—Members of the Senate then— board and the gulf coast, as well as ning to release the Uighur detainees to voted for the resolution. Then-Senator other earthquake-prone areas, such as gain favor and ‘‘generate good will’’ Obama did not. He was not voting. But Memphis, TN, which has one of the with foreign governments. Now we un- he has made statements that indicate major fault lines in the country run- derstand, according to the Associated he understands the dangerousness of ning through it and would be a poten- Press, Mr. Holder is in Europe where he these individuals. I suggest that he tial major catastrophe because of all is ‘‘to reassure skeptical Europeans give more thought to those words he the gas lines that run from the Texas without generating too much opposi- has previously issued and that he fol- and Oklahoma well fields all the way tion back home.’’ low the law, the plain law as I see it, to New York and to New England—it That is an uneasy statement for me. and not release any of them into the would be a major catastrophe if an That sounds a little duplicitous to me, United States. earthquake hits; and that is one of the for an Attorney General to be in Eu- I thank the Chair and yield the floor. fault lines—so what this legislation rope where he is ‘‘to reassure skeptical The PRESIDING OFFICER. The Sen- will do is provide a backup for the Europeans without generating too ator from Florida. State catastrophe funds by allowing much opposition back home.’’ I suggest Mr. NELSON of Florida. Mr. Presi- them to have the assurance that when he needs to be focused on security in dent, it is my intent to take a very few they go into the private marketplace— the United States. I think we need to minutes. We are speaking in morning to float bonds, to pay off claims after consider why it is we feel that a nation business? the disaster has hit—that they will be we have favorable trade relations with, The PRESIDING OFFICER. The Sen- able, even in these uncertain times of China, which successfully conducted ator is correct. the economic markets, to sell those Olympic games, isn’t able to detain Mr. NELSON of Florida. Thank you, bond issues because they will have a people who are committed to a group Mr. President. U.S. Government guarantee. that was designed to attack those f You might say: Well, why would we games. want the Federal Government to guar- If another country captured terror- CATASTROPHE INSURANCE antee those? Well, clearly it is in the ists who were attacking the United Mr. NELSON of Florida. Mr. Presi- interests of the Federal Government States—and we would like to have dent, what do Florida, Louisiana, because these are only going to be them and hold them in custody—let me Texas, and California all have in com- guaranteeing public organizations that ask, what would we think if they re- mon? Aside from all being Sunbelt are an arm of the Government and that leased them into their communities States, each of these States is subject are run by members of a board that in- and gave them subsistence and pay- to a natural catastrophe event. We deed are public officials, and it will ac- ments from the government? Wouldn’t have certainly seen that in the case of tually end up saving Federal tax dol- we think that government was aiding hurricanes in Florida and Louisiana lars. terrorism? and Texas, and we know of it with the You might say: Why in the world? If How did we get into this position? I Northridge earthquake in the case of the Federal Government is going to do not think the administration has California. guarantee a bond issue, that has a cer- thought this through. There is no ques- Each of these States approaches their tain cost to it. It does. But this is how tion China has certain well-known homeowners insurance in a different it saves the Federal Government problems with human rights, and I way. But, increasingly, States are mov- money: Because at the end of the day, have been one of their critics. But are ing to a position whereby a quasi-gov- when the natural disaster strikes, those problems any worse than the ernment reinsurance company is set guess who is going to pay for it. It is problems in Yemen, Algeria, Libya, up—in the case of Florida, it is the going to be the Federal Government.

VerDate Mar 15 2010 13:53 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR09\S27AP9.000 S27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10657 So if a large part of those payments The new COGA approach—Established pro- NUCLEAR ENERGY has already been provided by private grams in California, Florida, Louisiana, and Mr. ALEXANDER. Mr. President, do insurance, because we have enabled Texas have a continuing common need for reliable, adequate private financing. They you remember a few years ago when that through this catastrophe reinsur- have come together to advance an innovative our Congress got mad at France and ance fund, then that means that is an approach: Federal guarantees of the State banned French fries in the House of additional cost the Federal Govern- programs’ post-event debt. COGA will pro- Representatives cafeteria? We Ameri- ment will not have to bear. vide these State programs, and any other cans have always had a love-hate rela- I remind the Senate that after qualifying State program, with dramatically tionship with the French, which is why Katrina struck New Orleans, that total enhanced debt-market access, across all it was so galling last month when the tab is somewhere in the neighborhood market conditions, at much lower borrowing costs. Democratic Congress passed a budget of $200 billion, and the Federal Govern- with such big deficits that it makes the WHAT IT DOES ment’s share of that is well north of United States literally ineligible to $100 billion, or over half of the total COGA would authorize (at pre-set levels) Federal guarantees of State-program debt join France in the European Union. cost. When the category 4 or 5 hurri- incurred to pay insured losses from major Of course, we do not want to be in the cane hits an urbanized part of the natural catastrophes. European Union. We are the United coast—be it in any one of our States— COGA does not furnish Federal funds to States of America. But French deficits it is clearly going to be a major eco- State programs and does not make the Fed- are lower than ours, and their Presi- nomic loss, of which the Federal Gov- eral government a reinsurer of catastrophe dent has been running around sounding ernment is going to come in. If a lot of risk. Upon application by a qualifying State like a Republican, lecturing our Presi- those damages have already been paid program, the Treasury provides a 3-year dent about spending too much. by private insurance, enabled by these COGA guarantee commitment—this gives Now the debate in Congress is shift- reinsurance funds set up by the State the State program vital certainty in plan- ing to the size of your electric and gas- governments—enabled because they ning its claim-paying capacity. States re- oline bills and to climate change. So have a Federal guarantee on the confirm their qualifications each year. guess who has one of the lowest elec- loans—then it ends up being a win-win The guarantee is not actually issued until tric rates in Western Europe and the situation. after an event (when a State program would go into the debt markets), and then solely to second lowest carbon emissions in the Because my colleague from Ten- obtain funds to pay and adjust losses it can- entire European Union. It is France nessee is in the Chamber, I hasten to not otherwise cover with existing resources. again. add that, of course, catastrophes are To be eligible, State catastrophe programs What is more, they are doing it with not just hurricanes, but some of the must meet stringent criteria, including: a technology we invented and have worse catastrophes that could happen Public purpose and organization, including been reluctant to use: nuclear power. are, in fact, earthquakes. An 8-point tax-exempt status, and a board composed of Thirty years ago, the contrary or appointed by public officials. plus on the Richter scale earthquake, Proven ability to repay, and an actuarially French became reliant on nuclear centered on a major metropolitan area, sound rate structure. power when others would not. Today, such as San Francisco or Memphis, TN, States must have robust building codes nuclear plants provide 80 percent of would be a cost well in excess of insur- and recognize loss-mitigation measures. their electricity. They even sell elec- ance losses, well in excess of between WHAT IT WILL COST AND WHAT IT WILL SAVE tricity to Germany, whose politicians $50 and $100 billion. Guarantees are only for public organiza- built windmills and solar panels and This is a rational way through the tions with proven ability to repay their obli- promised not to build nuclear plants, private sector marketplace to approach gations. which was exactly the attitude in the Under COGA, the Federal government that problem, and I commend to the would make payments only in rare cir- United States between 1979 and 2008, Senate this bill that I introduce today, cumstances—it is a debt guarantee, not a di- when not one new nuclear plant was the Catastrophe Obligation Guarantee rect loan. Guarantee fees cover COGA’s ad- built. Still, nuclear, which provides Act. I ask the Senate to favorably con- ministrative costs. only 20 percent of all U.S. electricity, sider it. States without effective programs will provides 70 percent of our pollution- Mr. President, I ask unanimous con- want to form them—COGA-supported post- free electricity. So you would think event funding will provide broad, sensible in- that if Democrats want to talk about sent to have a Catastrophe Obligation centives to qualified State programs. Guarantee Act fact sheet printed in the The COGA guarantees will save Federal energy and climate change and clean RECORD. dollars: When more people are covered by air, they would put American-made nu- There being no objection, the mate- State catastrophe insurance, the Federal clear power front and center. Instead, rial was ordered to be printed in the Government’s post-event burden is greatly their answer is billions in subsidies for RECORD, as follows: reduced. renewable energy from the Sun, the COGA FACT SHEET: THE CATASTROPHE Mr. ALEXANDER. Mr. President, I wind, and the Earth. OBLIGATION GUARANTEE ACT congratulate the Senator from Florida Well, we Republicans like renewable WHY IT IS NEEDED on his comments. He is exactly right, energy too. We proposed a new Manhat- Many states have catastrophic natural dis- there is a major fault along the Mis- tan Project, for example, like the one aster risk so large that the private markets sissippi River near Memphis, TN. There in World War II, to find ways to make simply can’t insure it. was a massive earthquake in the early solar power cost competitive and to Residential property insurance is vital to 1800s that created Reelfoot Lake. The improve advanced biofuels from crops post-disaster recovery, because it protects earthquake was so profound that the that we do not eat. But today, renew- people’s most valuable asset—their homes. Mississippi River actually ran up- able electricity from the Sun, the wind, But in the private insurance market, catas- stream in order to do that. One eye- and the Earth provides only about 1.5 trophe coverage is often very expensive or simply unavailable—this can rob community witness to that was Davy Crockett, percent of America’s electricity. Dou- recovery of much-needed resources. who was on a bear hunt that winter up ble it and triple it, and we still do not To bridge this affordability/availability in northwest Tennessee. He wrote have very much. So there is potentially gap, California, Florida, Louisiana, and about it in his autobiography which a dangerous energy gap between the re- Texas have created public insurance or rein- was intended to be his Presidential newable energy we want and the reli- surance programs. campaign autobiography. It never able energy we need. These programs need substantial post-ca- quite worked out. But we take it very To close that gap, Republicans say tastrophe capital to pay their claims, but for seriously. start with conservation and efficiency. public entities, the only available form of ex- The University of Memphis has a cen- We have so much electricity at night, ternal capital is debt capital. Sadly, in severely disrupted credit markets ter dealing with earthquakes. We will for example, we could electrify half our such as those that prevail today, even credit- be very interested in his proposal. I cars and trucks by plugging them in worthy public entities can’t raise enough was glad to have a chance to hear while we sleep without building one debt capital to fully meet program needs. about it. new powerplant. On that Republicans

VerDate Mar 15 2010 13:53 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR09\S27AP9.000 S27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10658 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 27, 2009 and Democrats agree. But when it have their place, as will other renewables. Cleveland, will each use about 120 comes to producing more energy, we Realistically, however, solar and wind will megawatts of power when they open. disagree. probably only provide a modest percentage From the beginning, they will be When Republicans say build 100 new of future U.S. power. Some serious realism in among the largest customers of the energy planning is needed, preferably from nuclear powerplants during the next 20 analysts who are not backing one horse or Tennessee Valley Authority for elec- years, Democrats say, well, there is no another. tricity. They will be using, as I said, place to put the used nuclear fuel. The other article from the Maryville 240 megawatts of low-cost, reliable We say, recycle the fuel—the way ALCOA Daily Times on April 27— electricity produced by coal, nuclear, France does. They say, no, we cannot. today—is from my hometown. This is and hydropower in our region. They We say, how about another Manhat- my hometown newspaper, and it is could not rely on the one wind farm tan Project to remove carbon from coal about a plant that means a lot to me. that exists in the Southeastern United plant emissions? Imaginary, they say. It is an ALCOA plant—the Aluminum States, which is in Tennessee and We say, for a bridge to a clean energy Company of America plant. My father which only produces 5 megawatts of future, find more natural gas and oil worked at the south plant until he re- unreliable, expensive power—because offshore. Farmers, homeowners, and tired. I went to school on an ALCOA the wind blows much of the time at factories must have natural gas, and scholarship. During World Wars I and night, when TVA already has 7,000 the oil we will still need should be ours II, there were as many as 12,000 and megawatts of extra power. So the solar instead of sending billions of dollars 13,000 people in our east Tennessee area plants that we need for the renewable overseas. who worked at ALCOA with good energy of the future will have to rely They can’t wait to put another ban wages. It changed the lives of three today on coal, nuclear, and natural on offshore drilling. generations of families who lived there. gas. We say incentives. It would have been impossible for us to It is important, as we debate the so- They say mandates. have the good schools, the good jobs, called renewable electricity standard, We say keep prices down. the good communities we have had as we talk about climate change and Democrats say put a big, new na- without the good wages paid by the clean energy—and I have had legisla- tional sales tax on electric bills and Aluminum Company of America. tion on those subjects every congress gasoline. Here is the headline: ‘‘ALCOA hopes that I have been a Senator—to realize We both want a clean energy future, new power contract will bring smelting that cost is important if we don’t want but here is the real difference: Repub- restart.’’ to keep jobs from going overseas and if licans want to find more American en- Ninety-five years after ALCOA Tennessee we want people to be able to afford ergy and use less. Democrats want to Operations fired up its first potline— their electric bills. I mentioned that use less, and they don’t want to find That is to make aluminum— TVA’s electric rates are average to much more. and seven weeks after the company shut low, but last December, 10 percent of They talk about President Kennedy down its last potline, the question remains: the electricity customers of the Nash- sending a man to the Moon. Their en- Will aluminum ingots ever roll out of the ville Electric Service said they ergy proposals wouldn’t get America south plant again? couldn’t afford to pay their bills. When halfway to the Moon. What will make the difference for we come down here and start talking We Republicans didn’t like it when these ALCOA plants that have provided about proposals that are going to drive Democrats passed a budget that gave good wages and good jobs to thousands up the cost, and when we say we are the French bragging rights on deficits, of families in Tennessee? The price of going to deliberately drive up the cost, so we are not about to let the French electricity. I think that is the wrong policy. also outdo us on electric and gasoline The newspaper says: We are an inventive country. We can bills, clean air, and climate change. The deal that ALCOA is looking for is a conserve. We can double the number of We say find more American energy long-range power contract with the Ten- nuclear powerplants we have. We can and use less—energy that is as clean as nessee Valley Authority that will allow the double the energy research that we are possible, as reliable as possible, and at Tennessee smelting operations to be cost doing on solar and other renewable en- as low a cost as possible, and one place competitive when metal prices rebound. ergies, and we can do it with the objec- to start is with 100 new nuclear power- When we talk about electricity, the tive of having low-cost electricity. plants. only cost some people talk about is That is the way to keep our jobs. That Mr. President, I wish to ask unani- driving up the cost so we will use less is the way to avoid poverty. That is the mous consent that following my re- of it. That is the idea of a carbon tax. way to produce the largest amount of marks an article from the Washington That is the idea of driving up the price clean electricity for the future. We Post and an article from the Maryville of gasoline so people will buy less of it. need a bridge to a clean energy future. ALCOA Daily Times be printed in the But if we drive up the price of elec- Yes, of course, that includes renewable RECORD, which I will describe for a mo- tricity in Tennessee—if TVA raises its energy, but it is only 1.5 percent of ment. prices to ALCOA—that plant will never what we have today. So to talk about The PRESIDING OFFICER. Without reopen again and those hundreds or driving the price up and relying on a objection, it is so ordered. even thousands of jobs will never come national windmill policy, for example, (See exhibit 1.) back again. to drive this big productive country is Mr. ALEXANDER. Mr. President, the I was visited recently by a number of unrealistic. article from the Washington Post is big companies in Tennessee that are I thank the President, and I yield the written by James Schlesinger and Rob- concerned about the price of Tennessee floor. Valley Authority electricity. They say ert L. Hirsch. James Schlesinger was EXHIBIT 1 the first Secretary of Energy, and he they may not be able to stay there un- [From the Washington Post, Apr. 24, 2009] established the National Renewable less it gets more competitive. Residen- Energy Laboratory. Robert Hirsch is a tial rates are relatively low—average GETTING REAL ON WIND AND SOLAR senior energy adviser today, and he to low—but rates for companies are not (By James Schlesinger and Robert L. Hirsch) managed the Federal renewable pro- low. Ironically, we are celebrating in Why are we ignoring things we know? We grams. Their article is entitled ‘‘Get- Tennessee the arrival of two big new know that the sun doesn’t always shine and ting Real on Wind and Solar.’’ industries which make polysilicon, that the wind doesn’t always blow. That which is the material that goes into means that solar cells and wind energy sys- Here is the last paragraph of the arti- tems don’t always provide electric power. cle I am including: the solar panels that you put on the Nevertheless, solar and wind energy seem to The United States will need an array of top of your house. Those two new have captured the public’s support as poten- electric power production options to meet its plants, one of which will go in Clarks- tially being the primary or total answer to needs in the years ahead. Solar and wind will ville, TN, and one of which will go in our electric power needs.

VerDate Mar 15 2010 13:53 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR09\S27AP9.000 S27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10659 Solar cells and wind turbines are appealing [From the Daily Times] rivers—should give Tennessee Operations an because they are ‘‘renewables’’ with prom- ALCOA HOPES NEW POWER CONTRACT WILL edge over other locations, according to ising implications and because they emit no BRING SMELTING RESTART Beasley. carbon dioxide during operation, which is (By Robert Norris) We hope that TVA can help out some and certainly a plus. But because both are inter- the economy can help some,’’ Beasley said, Ninety-five years after ALCOA Tennessee mittent electric power generators, they can- ‘‘We’ve got a great workforce that’s idle Operations fired up its first potline and not produce electricity ‘‘on demand,’’ some- right now.’’ seven weeks after the company shut down its thing that the public requires. We expect the McBrayer, who is chairman of the Ten- last, the question remains: Will aluminum lights to go on when we flip a switch, and we nessee chamber of Commerce and Industry ingots ever roll out of the South Plant do not expect our computers to shut down as Board of Directors, said the impact of the again? nature dictates. shutdown goes beyond the employees imme- ‘‘For some, the question is not so relevant diately affected. Solar and wind electricity are available anymore. After the announcement that the ‘‘Being from Blount county and this are only part of the time that consumers de- plant was being closed, more than 130 a—recognizing the impact on East Ten- mand power. Solar cells produce no electric ALCOA employees accepted the company’s nessee—there’s more than just the families power at night, and clouds greatly reduce severance package. Others were laid off—245 impacted from the layoff. The impact multi- their output. The wind doesn’t blow at a con- hourly workers and 80 of the salaried work- plies exponentially,’’ Beasley said. stant rate, and sometimes it does not blow force. ‘‘Hopefully, when we obtain the power con- at all. The London Metal Exchange price for alu- tract, it will just be a matter of waiting for minum is half what it was one year ago, so If large-scale electric energy storage were the market to pick up again. The good thing prospects for any immediate change is nil. viable, solar and wind intermittency would about aluminum is that it is used in more The demand for the 1.3 million pounds of be less of a problem. However, large-scale and more applications. It’s going to be molten metal that the smelting plant can electric energy storage is possible only in around for a long time.’’ the few locations where there are hydro- produce does not exist in the current mar- electric dams. But when we use hydroelectric ketplace. f dams for electric energy storage, we reduce Still, leadership at the company is hopeful their electric power output, which would that when the economy rebounds, Tennessee GUANTANAMO BAY otherwise have been used by consumers. In Smelting Operations will be in a position to Mr. JOHANNS. Mr. President, I rise other words, we suffer a loss to gain power be restarted. to speak about the detainment facili- on demand from wind and solar. ‘‘We’re in the standard, ready position,’’ said Brett McBrayer Tennessee Primary ties at Guantanamo Bay Naval Base. At locations without such hydroelectric Metals location manager. ‘‘The employees At the end of January of this year, dams, which is most places, solar and wind have done such an incredible job of preparing the President signed an Executive electricity systems must be backed up 100 the plant to have it in as much a ready state order indicating his intention to close percent by other forms of generation to en- as possible.’’ Guantanamo. Unfortunately, the Exec- sure against blackouts. In today’s world, Cranes are being moved up and down to that backup power can only come from fossil utive order was very short on detail. keep them operational, and preventive main- We do know the Justice Department is fuels. tenance is being done so the plant will be Because of this need for full fossil fuel prepared if and when the call comes to re- reviewing the cases of individual de- backup, the public will pay a large premium start. tainees. We know the President would for solar and wind—paying once for the solar ‘‘I can’t say enough about the employees. like to move these detainees some- and wind system (made financially feasible The way they faced the tough call and the where else. Unfortunately, 3 months through substantial subsidies) and again for way they responded says a lot about the after the release of the Executive the fossil fuel system, which must be kept character of the employees in this region. order, that is about what we know running at a low level at all times to be able That drives me even harder in discussions today. to quickly ramp up in cases of sudden de- with TVA to get a deal done,’’ McBrayer If the President still plans to close clines in sunshine and wind. Thus, the total said. cost of such a system includes the cost of the The deal McBrayer is looking for is a long- Guantanamo Bay within a year, the solar and wind machines, their subsidies, and range power contract with the Tennessee clock is ticking, and we only have 9 the cost of the full backup power system Valley Authority—the current contract ex- months until the deadline laid out in running in ‘‘spinning reserve.’’ pires next year—that will allow Tennessee the Executive order. Indeed, the Presi- Finally, since solar and wind conditions Smelting Operations to be cost competitive dent’s supplemental request for Iraq are most favorable in the Southwest and the when metal prices rebound. That has hap- and Afghanistan includes $80 million to center of the country, costly transmission pened at ALCOA smelting plants in other re- close Guantanamo. We know that $30 lines will be needed to move that lower-cost gions where the company has negotiated more flexible prices with electricity sup- million would go to the Justice Depart- solar and wind energy to population centers ment to shut down the facilities, re- on the coasts. There must be considerable re- pliers. dundancy in those new transmission lines to ‘‘We’ve been in discussions with TVA for view detainee procedures, and to fund guard against damage due to natural disas- quite some time. It always seems more com- future litigation. The other $50 million ters and terrorism, leading to considerable plicated than it needs to be, but there are a would go to the Department of Defense, additional costs. lot of issues,’’ McBrayer said. ‘‘The sooner primarily to support the transfer of the we get a deal done, the stronger candidate The climate change benefits that accrue detainees and the associated personnel. we’ll be for a restart. The longer negotia- However, we do not know—and neither from solar and wind power with 100 percent tions drag out, it seems to become harder. fossil fuel backup are associated with the An agreement can’t happen soon enough.’’ does anyone else within the adminis- fossil fuels not used at the standby power TVA issued a statement indicating its de- tration or outside it—where the detain- plants. Because solar and wind have the ca- sire to reach an equitable agreement with ees would go. I am troubled by this in- pacity to deliver only 30 to 40 percent of the aluminum company. substantial approach and what appears their full power ratings in even the best loca- ‘‘ALCOA has long been a valued customer to be a haphazard approach. This is a tions, they provide a carbon dioxide reduc- of TVA’s and we are working diligently to tion of less than 30 to 40 percent, considering matter vital for national security. reach agreement on a long-term power con- Memories have dimmed and we forget the fossil fuels needed for the ‘‘spinning re- tract for the future. While these contract ne- serve.’’ That’s far less than the 100 percent gotiations are confidential, we are working the days surrounding September 11. We that many people believe, and it all comes to reach an agreement that will allow remember the day itself quite well— with a high cost premium. ALCOA to operate its Tennessee facility the shock in the morning—but we seem The United States will need an array of while, at the same time, not disadvantaging to forget the resolve that came after electric power production options to meet its other Valley ratepayers,’’ said Jim Allen, a that. The resolve was born of our un- needs in the years ahead. Solar and wind will TVA spokesman. derstanding that there was a global have their places, as will other renewables. Brickey Beasley, president of United Steel- network of violent extremists with Realistically, however, solar and wind will workers Local 309, said he looks forward to substantial international support dedi- probably only provide a modest percentage the day the South Plant Smelting Oper- of future U.S. power. Some serious realism in ations reopens and also in maintaining the cated to attacking the United States energy planning is needed, preferably from North Plant rolling mill. The Tapoco Divi- and its allies. Make no mistake about analysts who are not backing one horse or sion of ALCOA—the four-dam hydroelectric it, these terrorists are highly dan- another. project on the Little Tennessee and Cheoah gerous. By now, most Americans are

VerDate Mar 15 2010 13:53 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR09\S27AP9.000 S27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10660 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 27, 2009 probably familiar with the name crash a plane into a Western naval ves- In 2007, the Senate rejected moving Khalid Shaikh Mohammed. He is a sel in the UAE. Gitmo detainees to U.S. soil. The Sen- Guantanamo resident. Before his cap- In 2002, however, he was captured and ate spoke loudly and clearly in an over- ture in 2003 and later transfer to Guan- ultimately sent to Gitmo. whelming 94–3 vote against moving tanamo, he was one of al-Qaida’s top These extremists are part of the al- Gitmo prisoners to our shores or re- agents and mastermind behind the Sep- Qaida A-Team of terrorists; and they leasing them into our society. I do not tember 11 attacks. I believe this man have no business being released or believe the sentiment in this body has belongs in Guantanamo. With his con- transported to American soil. changed today. tacts and his terrorist expertise, he I describe these individuals today to The last option that I will mention— would be a menace to the United put a face on this debate. releasing them into the American pop- States and its allies should he ever be The al-Qaida members detained in ulation—seems unthinkable, if not ab- set free. Guantanamo are the worst of the surd. However, if they are transferred But he is only the operational face of worst. They are unrepentant, they are into the American judicial system, this contagion. Also in custody at unpredictable, and are still dangerous. their release is a possibility. This op- Guantanamo is Ramzi Bin al-Shibh, a So, if not Guantanamo, where should tion is simply unacceptable. lead operative in the September 11 these unrepentant terrorists reside? The $80 million requested by the ad- plot. This terrorist could not obtain a One option would be for our inter- ministration to close Guantanamo, and U.S. visa to get into this country. That national allies to help with their de- the executive order signed to that ef- made it impossible for him to partici- tainment. fect, are troubling. pate in the attacks directly. He was I know that the administration has In a dangerous world, facilities such forced to remain in Germany where he been trying to persuade the Europeans as those at Guantanamo are a neces- lived as a student. However, this did to accept custody of some of the de- sity that we cannot change simply by not stop him from acting as a primary tainees. Attorney General Holder is in waiving a magic wand and wishing it communications liaison between the fact discussing this issue with Euro- so. U.S.-based hijackers and the al-Qaida pean officials this week. With about 270 days left before its management in Afghanistan and in On Wednesday, he will be making a proposed closure date, it is clear the Pakistan. speech in Berlin about Guantanamo, administration still has no plan for its Shortly after the September 11 at- and I hope he has some good news. Un- demise. tacks, he arrived in Afghanistan where fortunately, there has not been much That is a gamble that the American he was forced to flee when the Taliban to date. people cannot afford. fell. He was apprehended in 2002 and When the President met with Euro- Mr. President, I yield the floor and eventually transferred to Guantanamo. pean leaders in early April, he also suggest the absence of a quorum. Terrorism runs in this family. His asked for help in resettling the de- The PRESIDING OFFICER. The uncle is Khalid Shaikh Mohammad, tainee. They agreed to help—with one. clerk will call the roll. mastermind of the 9/11 attacks. His We should perhaps count that as a The assistant legislative clerk pro- cousin is presently incarcerated for his victory, since many national leaders ceeded to call the roll. participation in the 1993 World Trade have said thanks but no thanks or re- Mr. SANDERS. Mr. President, I ask Center bombing event. He served as a mained completely noncommittal. unanimous consent that the order for travel and financial facilitator for the For example, Austria’s interior min- the quorum call be rescinded. 9/11 terrorists and helped al-Qaida ister has rejected accepting detainees The PRESIDING OFFICER. Without members escape from Afghanistan flat-out. I am not surprised. Despite all objection, it is so ordered. after the fall of the Taliban. From 2002 the international angst about Guanta- f to 2003, this individual prepared al- namo, most nations recognize that CREDIT CARD INTEREST RATES Qaida members for travel to the United these detainees are very dangerous to States and later plotted attacks free people. Mr. SANDERS. Mr. President, I wish against Western targets in Karachi. Our time is not unlimited, since the to take just a very few moments to A different detainee at Guantanamo administration’s self-imposed January speak about an issue I think is reso- was involved in plotting to kill the 2010 deadline for transferring these in- nating and causing great concern all Philippine Ambassador to Indonesia, as dividuals is coming closer. In the ab- over our country; that is, the out- well as attacks on a series of Indo- sence of radically increased inter- rageous escalation in credit card inter- nesian churches on Christmas Eve in national cooperation, the administra- est rates. the year 2000. Most famously, this ter- tion will thus be forced to release the I note that the House and the Senate rorist helped plan the Bali bombings, remaining detainees or keep them on will soon be addressing the issue of in October of 2002, which killed over 200 U.S. soil. credit cards, but I hope very much that people, including several Americans. And those are possibilities that I, both bodies will include within their Another notorious face residing at like many Nebraskans, am particularly legislation something that is long over- Guantanamo was the head of al-Qaida concerned about. Two of the sites being due; that is, a cap on interest rates. We operations in the Arabian Peninsula. considered are Fort Leavenworth in need a national usury rate law. It is to- This terrorist saw combat within var- Kansas, and the United States Peniten- tally unacceptable to me—and I think ious insurgencies and later with the tiary Maximum Security facility in the vast majority of the people in our Taliban before being instructed by Colorado, known as ADX Florence. country—that credit card companies Osama bin Laden to focus on terrorism Both are far too close to Nebraska for are charging people 25, 30, and 35 per- in Yemen. He followed bin Laden’s or- comfort—both within 250 miles of my cent rates of interest on their credit ders. In 2000, he successfully coordi- home State of Nebraska. cards. This is usury. This is wrong. nated the attack of the USS Cole in the This is likely a non-starter with my From a biblical perspective, this is im- Yemeni Port of Aden. That attack constituents, and for good reason. moral, and it is time we got a handle killed 17 American sailors. Thus, last week, I sent a letter to At- on it. The Cole attack is the most well- torney General Holder asking to be in- The truth is that a number of years known event in this individual’s long formed if any of the detainees were to ago, many States had usury laws which career of terrorism, but it doesn’t stop be moved within 400 miles of Nebraska. prohibited very high interest rates. As there. He has a resume of attacks. He I will not allow my home State to be a result of a Supreme Court decision, coordinated efforts to kill U.S. per- endangered by the proximity of unre- those State laws were essentially made sonnel in Saudi Arabia. He planned car pentant al-Qaida terrorists. Other Sen- null and void and companies that bomb attacks and assaults on oil tank- ators and their constituents are likely moved to States such as South Dakota ers. He was also involved with a plot to to have similar concerns. and Delaware could essentially charge

VerDate Mar 15 2010 13:53 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR09\S27AP9.000 S27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10661 the American people any rate they I have excellent credit. Nearly 780 last One day late, and their rate went wanted. Within the last 20 years, we time I checked. I had a ‘‘fixed’’ interest rate from 16 percent to 29 percent. have seen a huge increase in interest with Capital One at 4.9 percent since 2002. In As I mentioned, in 2 days we have rates. About one-third of the American 2007 the rate was raised to 7.9 percent. I re- gotten about 900 e-mails, significantly people are paying 20 percent or more. It ceived a letter in early April of this year that it will rise to 17.5 percent for no par- from Vermont but from all over the is time we got a handle on that issue. ticular reason, except that it was a company country. So I have introduced legisla- What I would like to do this after- decision. I am outraged! This is really unfair tion which would cap interest rates on noon, very briefly, is read some of the for everyone but I think especially unfair for credit cards at 15 percent, with some e-mails that are coming to my office those who really pay attention to maintain- exceptions going up to 18 percent. That from the State of Vermont but, in fact, ing good credit. legislation is cosponsored by Senators from all over this country. On late Fri- That person had a 780 credit number, DURBIN, LEAHY, WHITEHOUSE, HARKIN, day afternoon, I sent out an e-mail to which is very good. and LEVIN. The legislation is based on our e-mail list, and within 2 days’ time Here is one from Bennington, VT: longstanding law which regulates cred- we have had 900 responses from people I’d been on time every month and one day it unions, which under normal cir- who have expressed to me what is I got my statement and wow my interest cumstances cannot charge more than going on in terms of their relationship rate had more than doubled. I called and 15 percent. with their credit card companies. The they did put it back to the rate I had and The American people are hurting. We stories I am hearing are absolutely ap- said it would be good for only 9 months and then they would up it again and I would have are in a recession because of the greed palling—in some cases, unbelievable. of a small number of banks on Wall What is particularly disturbing is that to call again. This is hard for the families who aren’t using their credit cards anymore Street, and now these very same banks at a time when the taxpayers of this are hitting the middle class and work- country have provided hundreds of bil- and they are on a budget and factor in the credit card payment, and then all of a sudden ing families of this country with out- lions of dollars to bail out failing fi- one month it’s gone up a lot and you didn’t rageously high interest rates. Enough nancial institutions—which, because of factor that in. is enough. We need to establish a na- their greed, their recklessness, and Wilder, VT: tional usury rate, so I ask my col- their illegal behavior, caused them to I am tired of being the one who has to pay! collapse—these same financial institu- leagues to support this legislation. The executives of these credit card compa- Mr. President, with that, I yield the tions are now saying to the taxpayers nies mess up and the little people pay. The who bailed them out: Thank you very floor. government messes up and the little people The PRESIDING OFFICER. The Sen- much; now we are going to raise your pay. Now my oldest child is going off to col- interest rates substantially. lege and I can’t even get financial help ex- ator from North Dakota. So what I will be doing in the coming cept for loans. Yes, more interest. So now I f weeks is coming here to the floor and have to pay more interest on my credit ROXANA SABERI IMPRISONMENT reading stories from Vermont and from cards. When will I get help? I pay my bills, all over this country. Let me start off I pay my taxes. If I pay late I get a finance Mr. DORGAN. Mr. President, this is a with one that comes from Poultney, charge and it hurts my credit rating. When photograph of Roxana Saberi. Yester- these big companies fall behind, they get my VT. This is what the gentleman says: day, April 26, was her 32nd birthday. tax money, and I get to pay it back for them. She was born and raised in Fargo, ND. I owned and operated a summer business in excess of 43 years. My business credit card This is from Bridport, VT: Her father Reza Saberi is an Iranian was with Avanta at 7.9 percent for years. On my Bank of America cards I made pur- citizen who moved here over 35 years Last year, my payment jumped about $400 chases at 9.9 percent which was not a vari- ago. Her mother Akiko is Japanese. per month. I thought there was fraud in- able rate. I assumed I had that interest rate This young woman is a 1994 honor volved. Upon checking, I found my interest because I have never had a late payment and graduate of Fargo North High School, had been raised from 7.9 to 28.8 percent. I al- have never made just the minimum pay- active in music, soccer, dance, a mem- ment. This month I received notice that my ways paid more than the minimum and al- ber of the North High School Hall of ways on time. When Avanta was contacted interest rate is going to jump to 15.65 per- and asked why, I was told it’s a floating in- cent and be a variable rate. I do have steady Fame, and an outstanding athlete. In terest. I asked to speak to a manager and income and I don’t want to damage my cred- 1997, she was voted Miss North Dakota. was advised that’s the way it was and they it rating by paying the balance off in a few That year, she was made one of the 10 could do nothing to lower it. I got a line of months then cancel the card. finalists in the Miss America pageant, credit loan from Heritage credit union at 1 Here is another, from West Burke, winning the Scholar Award. In 1999, she percent over prime, paid them off, and shut VT: completed her master’s degree in down my business. After 43 years of business, My husband sustained severe brain trauma broadcast journalism at Northwestern. it took usury to shut me down. in 2000. We managed to not file bankruptcy In 2000, she earned a master’s degree in That is just one story. and to pay off all credit cards. I now find international relations from Cam- Somebody writes from Virginia—the that we were idiots to do this. Our credit is bridge University in England. I tell you State of our Presiding Officer—and ruined by going a year without income. Ru- all that about this young woman be- says: ined, because we paid any credit card debt we owed. cause she sits in a 10-foot by 10-foot Explain to me, do the banks/credit card prison cell in Evin Prison in Tehran, companies feel that the only way to make Here is one from Little Rock, AR: money is to cheat us or manipulate us into Iran. I am 67 years old and had the card since I spoke to her father this weekend. taking part in an endless Ponzi scheme? How the year of the flood. I was on vacation and much profit is to be expected in an honest out of the country and did not make my card Her father and mother are in Tehran. deal? Even 15 percent seems high to me. payment on time. I had always kept my ac- Roxana was arrested in Tehran and This goes on, Mr. President. We have count up. When I went to charge a flight on put in prison, and she has been there 86 one from Barre, VT: line it was denied. I called them and they re- days. When she went to Iran, she did so I only have one thing on my credit card plied that since I was a ‘‘late payer’’ I had to because she was proud of her Iranian every month. It is the Internet access charge pay off my account every 30 days as it used heritage. Even though she was born, of $10.95. My credit card is a Visa from Cap- to before they allowed extended payments raised, and educated here in the United ital One. I received a letter stating that the for large purchases. I paid off the card that States, she was interested in going to day and cut up the card. rates were almost double what I agreed to the country where her father had come pay if a payment was late, but it also stated From West Newberry, VT: from, and so she went to Iran. She is a if I did not agree to their term, they would I send my payment by mail and sometimes cancel my credit card. Let’s not only do woman who was trained in journalism. the postal service is slow and the card com- I met her when she practiced jour- something about credit card fees, let’s stop pany got payment one day late and has banks in their tracks with all fees they ac- changed my interest rates from 16 percent to nalism in North Dakota. She has re- cess on customer accounts they have. 29.9 percent, and now if I pay the minimal ported for National Public Radio, BBC, From Castle Rock, CO, another indi- payment the charges are more than what I for FOX News, and others, from vidual writes: paid on the bill. Tehran. She stayed in Iran after her

VerDate Mar 15 2010 13:53 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR09\S27AP9.000 S27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10662 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 27, 2009 credentials as a journalist were re- sent a letter to Iran’s prosecutor say- The PRESIDING OFFICER. The scinded in 2006. She stayed to write a ing Roxana’s rights must not be vio- clerk will call the roll. book about Iran and to complete work lated and asking him to ensure that The bill clerk proceeded to call the on her degree in Iranian studies and she is allowed to offer a full defense on roll. international relations. the appeal. Her attorney, as I under- Mr. MERKLEY. Madam President, I As I said, as of yesterday she has stand it, is now set to offer the appeal. ask unanimous consent the order for spent 86 days in prison in Iran, in a 10 The Ayatollah Shahroudi, who is the the quorum call be rescinded. foot-by-10 foot cell with three cell head of Iran’s judiciary, has requested The PRESIDING OFFICER (Mrs. mates. She was arrested January 31 a quick and fair appeal of Roxana’s HAGAN). Without objection, it is so or- and was convicted of spying just a case. That also gives some of us hope. dered. week ago and given an 8-year sentence Perhaps some of Iran’s leaders under- (The remarks of Mr. MERKLEY relat- in prison. It is an absolutely prepos- stand that what is also on trial is the ing to the introduction of S. 901 are terous miscarriage of justice. This credibility of those who govern Iran. printed in today’s RECORD under young woman is not engaged in espio- This has been very difficult for our ‘‘Statements on Introduced Bills and nage and is not a spy. She is a young country because we do not have an em- Joint Resolutions.’’) woman who went to Iran because she bassy or ambassador in Iran. We must Mr. MERKLEY. Madam President, I was proud of her cultural heritage. She communicate through the Swiss Em- suggest the absence of a quorum. was arrested and held in an Iranian bassy, which is the protecting power The PRESIDING OFFICER. The prison without the capability of access for American citizens in Iran. So it is clerk will call the roll. to an attorney. Her parents didn’t very hard for us to know what is going The bill clerk proceeded to call the know where she was. She was held on there. roll. there incommunicado. She is a young I want to say, again, this young Mr. LEAHY. Madam President, I ask woman caught in the grips of a judicial woman is not a spy. It is preposterous unanimous consent that the order for system and the politics in Iran from for her to be charged with espionage. It the quorum call be rescinded. which she can’t seem, at this point, to is an unbelievable miscarriage of jus- The PRESIDING OFFICER. Without escape. She is an innocent woman sit- tice for her to be sitting in a 10-by-10 objection, it is so ordered. ting in a prison cell in Iran. prison cell. Yet on her birthday she sat Mr. LEAHY. Madam President, what Roxana has been on a hunger strike in that cell in Evin Prison in Tehran is the parliamentary situation? for the past 7 days in protest of her facing an 8-year sentence in a cir- f sentence. Her father told me when I cumstance in which she was not even visited with him on Saturday that he allowed to defend herself. The basic te- CONCLUSION OF MORNING was going to the prison today in nets of justice have somehow been de- BUSINESS Tehran to visit Roxana, and he tried to nied to this young woman. The PRESIDING OFFICER. Morning convince her to cease the hunger What I believe Iran should do is re- business is closed. strike. She does not want to do that. lease her from prison and allow her to f She has already lost 10 pounds. Her fa- leave the country and return home FRAUD ENFORCEMENT AND ther said she looked very weak and with her parents to the U.S. I hope the RECOVERY ACT OF 2009 said she intends to continue the hunger Iranian Government is listening—not strike until she dies or is released from just to us, not just to me, but to vir- The PRESIDING OFFICER. Under jail. The only nourishment she is tak- tually everyone in the world who cares the previous order, the Senate will re- ing is water with some sugar. about fairness and justice and human sume consideration of S. 386, which the The entire world has protested this rights. All of them have weighed in on clerk will report by title. arrest and conviction and sentencing, Roxana’s behalf saying: How on Earth The legislative clerk read as follows: which is a miscarriage of justice. As I can you do this? How do you justify A bill (S. 386) to improve enforcement of said, she was held for 10 days without this? mortgage fraud, securities fraud, financial an ability to communicate with any- Iran leaders understand the spotlight institution fraud, and other frauds related to one. It took a month before the coun- of the world is on their country and on federal assistance and relief programs, for try of Iran admitted they were holding those who decided to arrest this young the recovery of funds lost to these frauds, and for other purposes. her. It was more than 5 weeks before woman, a young woman so proud of her she was allowed to see a lawyer. heritage that she was there wanting to Pending: The charges kept changing. First, the write a book about her heritage. I hope Reid amendment No. 984, to increase fund- Iranian Government said the charge they understand the injustice of what ing for certain HUD programs to assist indi- was that she purchased a bottle of they have done and what the rest of the viduals to better withstand the current world sees of that injustice and what it mortgage crisis. wine, and the person who sold it to her Inhofe amendment No. 996 (to amendment told the Iranian Government, and means to Iran in the eyes of the rest of No. 984), to amend title 4, United States therefore she was arrested. That was the world. Code, to declare English as the national lan- what she was told she was put in prison If they do, if they understand that, guage of the Government of the United for. She had bought a bottle of wine. most surely they will decide to release States. Then she was accused of working as a her from prison, exonerate her, and Vitter amendment No. 991, to authorize journalist without a valid press license. allow her to go home. I hope they do and remove impediments to the repayment That was the second accusation. that soon. They face great risks with of funds received under the Troubled Asset Then, weeks later, she was accused of the health of this young woman who is Relief Program. being a spy. The court has not released now on a hunger strike. President Boxer modified amendment No. 1000, to au- thorize monies for the Special Inspector Gen- any evidence against her. They held a Ahmadinejad and the people who run eral for the Troubled Asset Relief Program 1⁄2-day trial—behind closed doors. There the judicial system of Iran should pay to audit and investigate recipients of non- was no release of any evidence against close attention and do the right thing. recourse Federal loans under the Public Pri- her. According to her attorney, she was I have spoken to the Permanent Ira- vate Investment Program and the Term not allowed to speak in her own de- nian Representative to the United Na- Asset Loan Facility. fense. tions on numerous occasions about this Coburn amendment No. 982, to authorize To us that is a completely foreign no- case, and I intend to keep pushing. I the use of TARP funds to cover the costs of tion of what justice should be. Appar- hope today perhaps the Iranians will the bill. Thune amendment No. 1002, to require the ently, at least in some circles in Iran, understand the unfairness of what they Secretary of the Treasury to use any they consider that some kind of per- have done and finally, at long last, amounts repaid by a financial institution verted justice. make it right. that is a recipient of assistance under the Let me say there is at least some I yield the floor, and I suggest the ab- Troubled Assets Relief Program for debt re- hopeful signs. President Ahmadinejad sence of a quorum. duction.

VerDate Mar 15 2010 13:53 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR09\S27AP9.000 S27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10663 DeMint amendment No. 994, to prohibit the have lost all the money they have set So we voted on all the germane use of Troubled Asset Relief Program funds aside for whatever reasons so many amendments. For the remaining for the purchase of common stock. millions of Americans set money aside amendments, we sought an agreement Coburn amendment No. 983, to require the for. And these people who committed Inspector General of the Federal Housing Fi- to proceed to vote on each of those nance Agency to investigate and report on the fraud are gone. They have been pending amendments, the ones that the activities of Fannie Mae and Freddie robbed of their savings, their retire- had not been voted on. When the offer Mac that may have contributed to the cur- ment accounts, their children’s college was rejected, after being on this bill for rent mortgage crisis. funds, their equity, and, of course, several days, the majority leader was Kohl amendment No. 990, to protect older many have lost their homes on top of forced to file cloture to conclude con- Americans from misleading and fraudulent that. sideration of this bipartisan legisla- marketing practices, with the goal of in- When the testimony of the FBI and tion. creasing retirement security. the Department of Justice and others Ensign amendment No. 1004, to impose cer- Majority Leader REID did the only tain requirements on public-private invest- showed this type of fraud—which was thing he could responsibly do because ment fund programs. bad enough in years past—has sky- this is timely legislation. It is needed Ensign amendment No. 1003 (to amendment rocketed in the last couple of years, to protect people from losing their re- No. 1000), to impose certain requirements on the Senator from Iowa and I decided we tirement funds, their homes, and their public-private investment fund programs. should bring a piece of legislation that savings for their children to go to col- Hatch amendment No. 1007, to prohibit the would allow the FBI and the Depart- Department of Labor from expending Fed- lege. Americans are seeing their life’s ment of Justice to go after these people savings taken from them by unscrupu- eral funds to withdraw a rule pertaining to defrauding Americans. the filing by labor organizations of an an- lous criminals. I do not want to just have a simple nual financial report required by the Labor- fine. If somebody steals $100 million, I think of my parents who came up Management Reporting and Disclosure Act during the time of the Great Depres- of 1959. and they get a fine of $5 or $10 million, sion and started a small business. They The PRESIDING OFFICER. The Sen- it is a matter of doing business. I want enough teeth in here that they will go saved all their lives for their own re- ator from Vermont. tirement, to send their children to col- Mr. LEAHY. Madam President, I to jail. If you steal somebody’s home, if you steal their dreams, if you steal lege. I think of how I would have re- thank the distinguished Presiding Offi- acted if I had seen somebody steal from cer. their retirement, you should go to jail. We send kids to jail for sealing a car. them. Well, it is happening to a lot of The bill, S. 386, is the bipartisan other parents and grandparents around Fraud Enforcement and Recovery Act How much more important is it that we should send these white-collar this country. It is time for the Senate of 2009, the Leahy-Grassley bill. When I to act before more people have their mention my name and Senator GRASS- thieves to jail for stealing someone’s life and someone’s dreams? That is lives destroyed. LEY’s name, we are only two of a large number of people on this bill. We have what we want to do here. The Fraud Enforcement and Recov- The bill will help provide the re- ery Act will make necessary changes to Senators KAUFMAN, KLOBUCHAR, SCHU- sources and legal tools needed to police criminal laws, including criminal MER, MURRAY, BAYH, SPECTER, SNOWE, and deter fraud but also to protect the fraud, securities, and money-laun- HARKIN, LEVIN, DORGAN, WHITEHOUSE, taxpayer-funded economic recovery dering laws. It will increase the fund- ROCKEFELLER, SHAHEEN, STABENOW, events now being implemented. ing available to Federal law enforce- SANDERS, BENNET of Colorado, DURBIN, I was disappointed that last week our ment agencies to combat mortgage MIKULSKI, GILLIBRAND, BEGICH, BURRIS, efforts to enact this legislation were fraud and financial fraud. It will revise DODD, MENENDEZ, CARDIN, REID, and stalled. But I take a great deal of hope the False Claims Act to ensure that PRYOR as co-sponsors. now to know that by tomorrow midday I mention those names because they the Government can recover taxpayer it should be passed. It is, as I said, a bi- dollars lost to fraud. This is a very im- go across the political spectrum. They partisan bill. It does strengthen the know we have to strengthen the Fed- portant part of the bill. If somebody is tools available to law enforcement to stealing the taxpayers’ dollars too, we eral Government’s capacity to inves- combat financial and mortgage fraud. tigate and prosecute the kinds of finan- want to get that back for the tax- We were delayed a number of times payers. cial frauds that have severely under- before we got on the floor of the Sen- Throughout this debate, I have sev- mined our economy and hurt so many ate, and I compliment the distin- eral times commended the Senator hard-working people in this country. guished majority leader for bringing it from Iowa, Mr. GRASSLEY, our lead co- The reason so many of us came to- to the floor last week. And when we sponsor. I commend him and I thank gether, again, across the political spec- did, we began to work on 18 amend- him for his contributions to the bill trum—and I note there are several ments that were offered to the bill. We and the debate, his work in the Judici- former prosecutors in that group—is had votes on a number of them. By we have seen what some of these un- Thursday afternoon, we had voted on ary Committee, in getting us this far, scrupulous people have done. They all the germane amendments. We also and for his dedication to protect tax- have set up these mortgage frauds in worked in good faith on a number of payer funds by deterring, inves- basically an unregulated area. They amendments not related to the under- tigating, and prosecuting fraud. I will come to somebody who is facing lying fraud enforcement legislation. thank our many cosponsors for their difficulty in paying off a mortgage— I would like to mention the kind of steadfast support. I have named them. there has probably been a foreclosure cooperation we had. The distinguished I shall not again. But everybody I have and they come and say: Here, we can Republican deputy leader, Senator heard from across this country sup- take care of you. Sign these papers. KYL, had a series of amendments that I ports this bill. Put this money down. Send payments believe would have passed the test of No one should want to see taxpayer to us. We will take care of everything. germaneness. He talked with Senator money intended to fund economic re- So people exhaust their life savings. GRASSLEY and myself, and we arranged covery efforts diverted by fraud. No Maybe they send the money they put a vote on one amendment. He had one should want to see those who en- away for their kids to go to college. wanted to bring up several similar gage in mortgage fraud escape account- Probably it is part of their retirement ones. They were objected to. He pulled ability. That is what is going to happen account. By the time they get done, them down, and we had a vote on the unless we vote to conclude the debate the people committing the fraud are one. We spent very little time doing on this bill, pass it, get it to the other gone. The mortgage on the house, how- that. We had plenty of time for Senator body, get it passed, get it signed into ever, has not been paid off. In fact, the KYL to make his points, Senator law, and give law enforcement the re- bank is still going to foreclose. They GRASSLEY and I to make ours, and then sources and tools they so desperately have lost their life’s savings. They we had a vote on it. need.

VerDate Mar 15 2010 13:53 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR09\S27AP9.000 S27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10664 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 27, 2009 During the first months of this year, help prosecutors prosecute, and finally very important component—to help get the Judiciary Committee has con- to obtain the convictions and the jail both the financial and the housing centrated on what we can do legisla- sentences that are the deterrent to this markets back on track. The fraud en- tively to assist in the economic recov- activity taking place in the future.’’ forcement tools and resources provided ery. Already we have considered and Each week we learn of additional in this bill are very necessary. They reported this fraud enforcement bill scandals in the financial industry, as will ensure that the taxpayers’ dollars and the patent reform bill, and worked leading money managers are charged that have been expended to shore up to ensure that law enforcement assist- with multimillion dollar fraud schemes bank and financial institutions and ance was included in the economic re- carried out over the years. We need to corporations and Freddie Mac and covery legislation. clean up the mess. That means pro- Fannie Mae and others aren’t lost to The recovery efforts are generating viding the tools and resources that law fraud, waste, and abuse. signs of economic progress. That is enforcement needs to get to the bottom This bill sends a very clear message good. That is necessary. But that is not of this, restore order, and exact ac- to would-be bad actors that their con- enough. countability. duct will have repercussions from here We need to make sure we are spend- To show how severe this is, reports of on out. It will also make sure money ing our public resources wisely. We mortgage fraud are up 682 percent over lost to fraud can be recovered through want to make sure they are not being the past 5 years, more than 2,800 per- the False Claims Act. Most impor- taken by fraud. We also need to ensure cent over the past decade. Some say we tantly, this bill will help show the that those responsible for the down- are losing more than $4 billion a year American people we are doing some- turn through fraudulent acts in finan- to mortgage fraud. And massive, new thing to try and prevent future fraud cial markets and the housing market corporate frauds, like the $65 billion and recover moneys lost to that fraud are held to account. It should not be a Ponzi scheme perpetrated by Bernard and that abuse. That is why I am vot- case where we taxpayers pay for what Madoff, are being uncovered as the ing for cloture on this bill. they did and they get away scot-free. economy has turned worse, exposing Early in the process of bringing this bill to the floor, I explained to the Two decades ago we responded during many investors to massive losses. the savings and loan crisis by hiring The problem is getting worse, not Democratic leadership that I wanted an open process for amendments to be more agents, analysts, and prosecutors. better. The victims of these frauds considered on this bill before I sup- We allocated the resources needed to have to be protected now more than ported the cloture that we will be vot- catch those who took advantage to ever. The victims include, as I have ing on. The leadership honored that profit through fraud. We have to do it said, homeowners who have been and we had a number of amendments again. fleeced by unscrupulous mortgage bro- filed on this bill. We have spent a week At our February hearing, we heard kers, retirees who have lost their life and have debated and disposed of a from the FBI, the Special Inspector savings in stock scams and Ponzi number of amendments to the bill. We General for the Troubled Assets Relief schemes, which have come to light have some other amendments that re- Program, and the Justice Department. only as corporations collapse and the main outstanding that are good amend- All of our law enforcement witnesses market falls. ments and should be debated on a hous- testified of the need for this legislation They also include American tax- ing or banking bill that is coming up in and these additional law enforcement payers who have invested billions of the very near future. It is now time to resources. dollars to restore our economy. These pass this bill. Our law enforcement offi- Deputy Director John Pistole of the American taxpayers expect us to pro- cials need these tools and they need FBI warned that the losses of this eco- tect the investment they have made to these resources and they need them nomic crisis dwarf those of the savings make sure those funds are not ex- now. That is why I am going to vote for and loan debacle, and the need for more ploited by crime. Each one of us is cloture on this bill. enforcement is even greater now than among those taxpayers. We all want to Taxpayers have been asked to shoul- it was then. make sure the money is not stolen. der an enormous burden at this time of Special Inspector General Neil I urge all Senators to support our ef- economic crisis created by a credit cri- Barofsky described how law enforce- forts and work with us to pass this bill sis. They have shouldered an enormous ment resources had understandably without further delay. That means to burden, be it the bailout of financial been diverted from traditional white vote for cloture so that we can con- institutions, an economic stimulus bill collar crime to terrorism, but that had clude the amendment process and vote that handed out $1 trillion, and more left the Justice Department’s capacity on the bill. recently the Omnibus appropriations to respond to financial and securities I see the distinguished cosponsor of bill loaded full of Government spend- fraud significantly weakened. He this bill, Senator GRASSLEY, on the ing. To my colleagues: Whether you warned that with trillions of dollars floor and I yield to him. agree with these expenditures, we sim- being spent under TARP and other as- The PRESIDING OFFICER. The Sen- ply cannot allow these funds to be un- sociated programs, ‘‘it is essential that ator from Iowa is recognized. protected from fraud, waste, and abuse. the appropriate resources be dedicated Mr. GRASSLEY. Madam President, I This legislation ensures that our law to meet the challenges of both deter- heard the kind remarks of the Senator enforcement officials and our prosecu- ring and prosecuting fraud.’’ I agree. from Vermont. I thank him for those tors have the tools necessary to en- Acting Assistant Attorney General remarks about this Senator and I force our laws and the resources to Rita Glavin of the Justice Department thank him for his cooperation on this hunt down the bad actors. It makes re- testified that our bill would provide bill, including some things I am very visions to our criminal fraud laws to the Justice Department with needed much interested in, but also the basis ensure that complex financial and tools ‘‘to aggressively fight fraud in of the legislation that he proposed, and mortgage crimes aren’t outside the the current economic climate’’ and I support it as enthusiastically as I do scope of Federal jurisdiction in the fu- ‘‘provide key statutory enhancements the rest of the bill. I thank the Senator ture. It also makes necessary correc- that will assist in ensuring that those from Vermont. tions to our antimoney laundering laws who have committed fraud are held ac- I am here, obviously, to speak in sup- to ensure that a recent Supreme Court countable.’’ port of the Fraud Enforcement Recov- decision doesn’t limit the ability of our We then held a hearing with FBI Di- ery Act which has been so thoroughly Department of Justice to go after rector Robert Mueller. Director discussed by our distinguished chair- criminals who launder their ill-gotten Mueller reiterated law enforcement’s man of the Judiciary Committee. As funds. message. Here is what he said: ‘‘[The the lead Republican cosponsor of this Finally, and perhaps most impor- bill] will be tremendously helpful in timely antifraud legislation, I believe tantly from the standpoint of this Sen- giving us the tools to investigate . . . to it is a very important component—a ator, the bill amends the civil False

VerDate Mar 15 2010 13:53 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR09\S27AP9.000 S27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10665 Claims Act to ensure that taxpayers’ at that facility right after 9/11 and evidence are different in that facility money lost to fraud, waste, and abuse then, of course, the other day I was than they are in our Federal judiciary can, in fact, be recovered and particu- there again. There are some very seri- system. larly when that recovery is associated ous problems I think many Members of I had occasion to go to Fort Sill in with a patriotic work of whistleblowers this body are not aware of. One is that my State of Oklahoma, which is 1 of who make that known. Back in 1986, I when President Obama gave his excel- the 17 that have been named as possible authored major revisions to the False lent speech that was his inaugural areas for detention of these individ- Claims Act and did that so we could speech, he recognized we need to deter- uals. fight fraud, particularly against Gov- mine what we are going to do with Sergeant Major Carter was there, the ernment then more so than now, by de- those who are currently detained at one running the facility. She had occa- fense contractors. Now it seems to be Guantanamo Bay and those who may sion to be stationed for over a year at Medicare and the health care industry. come into that facility as a result of Guantanamo. She said: Why in the Since those revisions were signed into the escalation of activity in Afghani- world would we give up that facility to law in 1986 by President Reagan, the stan before making a determination send them down here to Fort Sill? False Claims Act has recovered over that it has to be closed. Unfortunately, First of all, we don’t have the capacity $22 billion of taxpayer money. 2 days after he made that speech, he to keep them in the various classifica- This powerful law allows citizen tax- stated it was going to be closed and the tions in security that they do at Guan- payers to act as private attorneys gen- prison would be closed within a year. tanamo. Second, she said that the ratio eral by going to court on behalf of our On February 2, I took a group down is 1 to 2 in terms of health care facili- Government when they know of fraud there with some Senators who had ties. There is just one health care per- against the Government. These qui never been to Guantanamo Bay. All son in most locations, but there are tam whistleblowers are the heart and they could do on the way back is say: doctors and nurses for each two detain- soul of the False Claims Act. They un- Why are we considering giving up this ees at Guantanamo Bay. We don’t have cover fraud from the inside, bringing facility? In fact, shortly after that, I anything like that at Fort Sill or Leav- schemes to light so taxpayers are not introduced legislation that would pre- enworth or any of the other suggested taken for a ride. However, in recent vent any transfers of detainees from places. years, litigation fueled by powerful Guantanamo Bay to anywhere in the Consequently, they have studied and Government defense and health care United States or its territories. The found and determined that never has contractors has created legal loopholes reason I did this is because while this there been a case of abuse in the way of that threaten the application of this has been used to detain some 800 al- human rights abuses with the detain- powerful tool that has brought in bil- Qaida and Taliban combatants, they ees. There has never been a case of lions of dollars. This legislation fixes are down right now to about 525 of waterboarding or of any kind of tor- this, thus ensuring that no fraud can those who have been tried and departed turing. Yet they are there, and nobody go unpunished by simply navigating from Gitmo for other countries. Today, has been able to say why it is that they through the legal loopholes. there are approximately 245 detainees should be closed down. This bill will help deter potential de- left. This is the problem. These detain- What troubles me most is that the frauders from attempting to scam the ees—about 170 as near as we can deter- Obama administration seems more fo- Government and the taxpayers. In ad- mine—are very serious detainees such cused on closing Gitmo and protecting dition, this legislation will help instill as Khalid Mohammed and others who the rights of those detainees than on confidence back into the housing and were directly involved in the planning conducting the war on terror and pro- financial markets. I hope my col- of 9/11. Many of the countries will not tecting our country and our people leagues will join me by voting for clo- accept them back. They cannot be re- from the terrorists currently held ture on this bill to help make sure patriated to any country; nobody there. these taxpayer dollars are protected. wants them. So the choices are limited It is interesting that Attorney Gen- I yield the floor. either to keep them at that facility or eral Holder went down to look at The PRESIDING OFFICER. The Sen- to figure out some way to put them in, Gitmo to determine what we should do. ator from Oklahoma. as has been suggested, to some facility He came back with a glowing report Mr. INHOFE. Madam President, I ask in the continental United States. They about the conditions. The Pentagon re- unanimous consent to speak as in have talked about some 17 places that leased a report stating that Gitmo morning business. However, if anyone could detain these terrorists. meets the highest international stand- wishes to come in and talk about the The problem we have with that is ards, the very highest standards. Un- pending bill, I will certainly defer to these would become 17 magnets for ter- fortunately, the Obama administration them. rorism in the United States. I can’t seems bent on closing Gitmo—I guess Mr. LEAHY. Reserving the right to find one Member of the U.S. Senate— for political reasons. Yet I have not object, and I shall not object, what not one—who is willing to have any of heard the reasons why it is that people time is this bill scheduled for a vote? these detained in his or her State. I are so obsessed with the idea of closing The PRESIDING OFFICER. The vote often wonder what is this obsession it down. will occur at 5:20, the vote on cloture. that people have to closing this facil- I think it is time for the Members of Mr. LEAHY. If the Senator will be ity. It is kind of funny because it is one Congress to weigh in because as we kind enough to amend his unanimous of the few good things that is out look at the evidence and the problems, consent request to include not to inter- there—few good deals we have. We have we have to find a place to put the de- fere with the vote at 5:20. had this facility since 1903. We are still tainees who are there. I say to my Mr. INHOFE. I certainly amend it ac- paying the same amount of money— friend from Vermont, it is not just the cordingly. $4,000 a year—for this facility, and it is 245 detainees currently there, it is the The PRESIDING OFFICER. Without the state-of-the-art place for the ones who are going to be there as a re- objection, it is so ordered. United States to take care of this type sult of the surge. People say there are Mr. INHOFE. Again, I would say if of detainee. Let’s keep in mind that we two prisons in Afghanistan, there is anyone wants to come in and talk also have a complex called the expedi- Bagram and Kandahar. The problem about this vote that is coming up, I tionary legal complex located at with that is, it is my understanding will yield to them. Gitmo. It is about the only place of its they will only accept detainees who are GUANTANAMO BAY kind in the world where you can try Afghan. You have others going from I seem to be involved in four missions these cases. If you don’t try them Saudi Arabia, from other areas, and right now and one of them happens to there, very likely they could find their there is no place else they can be put. be the Guantanamo Bay detention fa- way into our justice system. Of course, I think we have an opportunity there cility. I have had occasion to be down I think we all understand the rules of to have a place that is secure, with the

VerDate Mar 15 2010 13:53 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR09\S27AP9.000 S27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10666 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 27, 2009 highest standards. Again, the only al- our economy by providing law enforcement We strongly support this legislation, and ternative would be to put them in with the tools they need to investigate we encourage others to join the fight in pro- places where we have detainees—where fraudulent activity in connection with bail- tecting Amercia’s scarce fiscal resources. we have other facilities in the United out and recovery legislation, Sincerely, States. The legislation you have introduced along JOSEPH E. B. WHITE, with Senators Grassley, Schumer, Klo- President & C.E.O. In 2007, the Senate passed a resolu- buchar, and Kaufman will authorize $165 mil- tion by a vote of 94 to 3. It stated that lion a year for hiring fraud prosecutors and FEDERAL LAW ENFORCEMENT the detainees housed at Gitmo should investigators at the U.S. Department of Jus- OFFICERS ASSOCIATION, not be released into American society, tice for FY2010 and 2011, including specific Lewisberry, PA, March 22, 2009. nor should they be transferred state- funding for the Federal Bureau of Investiga- Hon. PATRICK J. LEAHY, tion to hire additional special agents, profes- side into facilities in American com- U.S. Senate, sional staff and forensic analysts to rebuild munities and neighborhoods. That vote Washington, DC. was 94 to 3. its ‘‘white collar’’ investigation program. The bill also authorizes $80 million a year DEAR SENATOR LEAHY: As the National Madam President, I suggest to you over the next two years for investigators and President of the Federal Law Enforcement that we will have the opportunity to analysts at the U.S. Postal Inspection Serv- Officers Association (FLEOA), a 26,000 mem- call on those 94 Members, and certainly ice, the U.S. Secret Service, and the Office of ber organization exclusively representing their constituents back home, who Inspector General for the Housing and Urban federal law enforcement officers, I would like don’t want to have them released and Development Department to combat fraud to commend you for your introduction of against Federal assistance programs and fi- housed in any area other than Gitmo. Senate Bill 386, the Fraud Enforcement and nancial institutions. My State of Oklahoma is not the only Recovery Act of 2009. State where the State legislature has Additionally, the bill will make changes to Three sections of the bill in particular are passed resolutions saying we don’t fraud and money laundering statutes to en- hance prosecutors’ ability to combat this of great importance to our membership. want any of those detainees housed in growing wave of fraud and improve one of First, Subsection 27, paragraph (1) seeks to our State. I think we will have an op- the most potent civil tools we have for root- define the term ‘‘proceeds’’ correctly as re- portunity—since the vote is taking ing out fraud in government—the False lates to a money laundering violation (Title place in a minute and my time has ex- Claims Act. 18, USC 1956 C). Your bill will ensure that a pired—an opportunity in the next few I applaud you for your leadership on this criminal is charged for the ‘‘gross receipts’’ days, before any final action takes issue and look forward to working with you they earned from a specified unlawful activ- and your staff to move this bill forward. If I place, to allow the Members of both the ity. Money launderers should not be allowed can be of any help, please do not hesitate to House and Senate to express a very to use receipts from their criminal enter- contact me or Executive Director Jim Pasco strong position that they don’t want to prise as a means to lower the dollar amount have these detainees placed in any of through my Washington office. Sincerely, for which they are criminally charged. the stateside facilities. CHUCK CANTERBURY, Under Section 3, paragraph (2) (A), your With that, I yield the floor. National President. bill specifies funding the Federal Bureau of Mr. LEAHY. Madam President, we Investigation (FBI) for fiscal years 2010 and have about a minute left. I reiterate TAXPAYERS AGAINST FRAUD, 2011. Specifically, your bill recommends for my colleagues that this is a bill Washington, DC. funding the FBI $65 million each year in an Hon. PATRICK J. LEAHY, that, when it is voted upon, I predict— effort to combat crimes involving ‘‘federal Chairman, Senate Judiciary Committee, Russell and I am fairly good about such pre- assistance programs and financial institu- dictions—will pass almost unani- Senate Office Building, U.S. Senate, Wash- ington, DC. tions.’’ In light of the economic crisis our mously, certainly with 80 to 90 votes country is facing, and the rampant fraud DEAR SENATOR LEAHY: I am writing to ex- for it. We handled a number of amend- being committed against programs designed ments—mostly Republican amend- press Taxpayers Against Fraud’s support for the recently introduced Fraud Enforcement to assist Americans, it is imperative that the ments—and we either included them or and Recovery Act of 2009 (S. 386). Taxpayers FBI receives the proper funding and re- voted them down. Most were included Against Fraud is dedicated to eradicating sources to investigate criminals who seek to in this bill. Cloture was filed only be- fraud against the United States government. steal from our government. cause a huge number of amendments We strongly believe that this well-reasoned We also support the additional $30 million legislation will serve that end, and will came in that had absolutely nothing to allocations specified for both the Postal In- do with the jurisdiction of either the greatly benefit the American people during this trying time. In particular, the S.386 pro- spection Service and the Inspector General Judiciary Committee or this bill. That of the Department of Housing and Urban De- is the only way to get on to the bill and visions closing False Claims Act loopholes will prevent fraudsters from stealing tax dol- velopment (HUD-OIG), As the Postal Service give our law enforcement the tools lars with impunity. confronts its fiscal challenges, it is impera- they need. Many law enforcement Over the past twenty years, it has become tive that the Postal Inspection Service is groups in this country has spoken in utterly clear that the government’s most ef- properly funded in order to carry out its favor of this. fective fraud-fighting tool is the federal vital mission. If the Postal Service continues I ask unanimous consent that a False Claims Act, returning over $22 billion to tighten the Postal Inspection Service belt, group of letters from law enforcement in settlements and judgments. However, re- our Inspectors won’t be able to breathe, i.e. cent court decisions have interpreted the organizations and other groups in favor continue to conduct high impact criminal in- False Claims Act in ways inconsistent with of it be printed in the RECORD. stitution crimes. They, too, need to be prop- There being no objection, the mate- the Congressional intent, causing harm to taxpayers. These judicial rulings could leave erly funded so they can continue to inves- rial was ordered to be printed in the billions of federal dollars exposed to fraud. tigate those who seek to steal from our gov- RECORD, as follows: Perhaps most disturbing, the Supreme Court ernment. NATIONAL FRATERNAL recently held that the False Claims Act does Thank you, Senator Leahy, for recognizing ORDER OF POLICE, not impose liability for false claims on gov- the need to fund those agencies who are dedi- Washington, DC, March 18, 2009. ernment funds disbursed by a government cated to protecting our government’s cap- Hon. PATRICK J. LEAHY, contractor for government purposes. This ital. We also applaud your recognition of the Chairman, Committee on the Judiciary, U.S. ruling severely limits the reach of the False Senate, Washington, DC. Claims Act. S. 386 specifically addresses this need to address the misguided interpretation DEAR MR. CHAIRMAN, I am writing on be- Court ruling. Therefore, during this time, of the money laundering statute that was half of the members of the Fraternal Order when the government is distributing unprec- rendered in the Santos case. of Police to advise you of our support for S. edented funds as part of the economic recov- Respectfully submitted, 386, the ‘‘Fraud Enforcement and Recovery ery efforts, Congress is rightly seeking to J. ADLER, Act.’’ strengthen the False Claims Act, thus ensur- National President. This bill will strengthen our ability to in- ing that every stimulus dollar is appro- vestigate and prosecute the kinds of finan- priately spent to get our country back on cial crimes that have so severely undermined track.

VerDate Mar 15 2010 13:53 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR09\S27AP9.000 S27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10667 NATIONAL ASSOCIATION OF On behalf of the ACFE, I applaud you and The PRESIDING OFFICER. By unan- ASSISTANT UNITED STATES ATTORNEYS, the Senate Judiciary Committee for your imous consent, the mandatory quorum Lake Ridge, VA, March 20, 2009. commitment to reduce fraud and your dili- call has been waived. Re Fraud Enforcement and Recovery Act of gence in creating S. 386, The Fraud Enforce- The question is, Is it the sense of the 2009, S. 386 ment and Recovery Act of 2009. This is an important piece of legislation that will make Senate that debate on the committee Hon. HARRY REID, substitute amendment to S. 386, the Senate Majority Leader, a significant impact on reducing the impact U.S. Capitol, Washington, DC. of Fraud and restoring public confidence in Fraud Enforcement and Recovery Act Hon. MITCH MCCONNELL, our financial markets. of 2009, shall be brought to a close? Senate Republican Leader, According to a Survey of Certified Fraud The yeas and nays are mandatory U.S. Capitol, Washington, DC. Examiners (CFEs) who investigated cases be- under the rule. DEAR MAJORITY LEADER REID AND REPUB- tween January 2006 and February 2008, U.S. The clerk will call the roll. LICAN LEADER MCCONNELL: On behalf of the organizations lose an estimated seven per- The assistant legislative clerk called cent of their annual revenues to fraud. When National Association of Assistant United the roll. States Attorneys, I write to urge the Senate applied to the projected 2008 United States to proceed without delay to approve the Gross National Product, the seven percent Mr. DURBIN. I announce that the Fraud Enforcement and Recovery Act of figure translates to approximately $994 bil- Senator from Louisiana (Ms. LAN- 2009, S. 386. This legislation was reported by lion in fraud losses. The ACFE published the DRIEU) and the Senator from West Vir- the Senate Judiciary Committee on March 5. results of the survey in our 2008 Report to ginia (Mr. ROCKEFELLER) are nec- Our organization, which represents the inter- the Nation on Occupational Fraud & Abuse essarily absent. ests of the 5,400 Assistant United States At- The ACFE administers the CFE credential. Mr. KYL. The following Senators are torneys responsible for enforcement of the The CFE denotes proven expertise in fraud necessarily absent: the Senator from nation’s laws and the pursuit of justice, prevention, detection and deterrence. CFEs Kansas (Mr. BROWNBACK), the Senator strongly supports this legislation and urges are trained to identify the warning signs and prompt Senate passage. The legislation also red flags that indicate evidence of fraud and from Kentucky (Mr. BUNNING), the Sen- has the support of the Department of Justice fraud risk. CFEs around the world help pro- ator from North Carolina (Mr. BURR), itself. tect the global economy by uncovering fraud the Senator from Texas (Mr. CORNYN), The Fraud Enforcement and Recovery Act and implementing processes to prevent fraud the Senator from Nevada (Mr. ENSIGN), (FERA) will make new tools and resources from occurring in the first place. As you the Senator from Florida (Mr. MAR- available to prosecutors and law enforce- stated in a recent press release, the Fraud TINEZ), the Senator from Kansas (Mr. ment authorities to investigate and pros- Enforcement and Recovery Act of 2009 was ROBERTS), the Senator from Louisiana ecute the corporate and mortgage frauds created to strengthen the Federal Govern- (Mr. VITTER), and the Senator from that have contributed to the collapse of our ment’s capacity to investigate, prosecute, economy and caused such widespread harm. and even deter financial frauds. In order to Ohio (Mr. VOINOVICH). The legislation authorizes $230 million for be effective at these goals, it requires practi- Further, if present and voting, the hiring fraud prosecutors and investigators at tioners who are trained with the necessary Senator from Kentucky (Mr. BUNNING) the Justice Department for fiscal years 2010 fraud prevention, detection, and examina- would have voted ‘‘yea.’’ The Senator and 2011. This includes $50 million for U.S. tion skills. The CFE credential and the from Texas (Mr. CORNYN) would have Attorneys’ offices to expand prosecutorial training and experience required of an indi- voted ‘‘yea.’’ staffing of its mortgage fraud strike forces vidual to become a CFE are critical skill sets The PRESIDING OFFICER. Are there and $40 million for the criminal, civil, and that the Federal Government should demand any other Senators in the Chamber de- tax divisions at the Justice Department to of its resources. We encourage you to include provide special litigation and investigative CFE training and credentials as part of any siring to vote? support to those efforts. plan to help prevent and detect fraud. The yeas and nays resulted—yeas 84, FERA also makes a number of important With our compliments, enclosed is our Re- nays 4, as follows: improvements to fraud and money laun- port to the Nation as well as the current [Rollcall Vote No. 170 Leg.] dering statutes to strengthen the ability of issue of Fraud Magazine. We hope these pub- YEAS—84 federal prosecutors to combat this growing lications provide greater insight into the wave of fraud. valuable work that both the ACFE and its Akaka Feingold Menendez This legislation, like the FIRREA legisla- Alexander Feinstein Merkley members provide. The ACFE is proud to have Barrasso Gillibrand Mikulski tion responding to the savings and loan cri- such an honorable colleague in the fight Baucus Graham Murkowski sis, is the most significant effort to reinvigo- against fraud and we are deeply appreciative Bayh Grassley Murray rate our federal fraud enforcement program of your exemplary work. Begich Gregg Nelson (NE) in more than two decades. Congress should If there is anything I can offer or extend to Bennet Hagan Nelson (FL) move quickly to pass this legislation so you in the future, please do not hesitate to Bennett Harkin Pryor American taxpayers can be confident that ask. Bingaman Hatch Reed those who are criminally responsible for con- Bond Hutchison Reid Cordially, Boxer Inouye Risch tributing to the present economic disaster, SCOTT J. GROSSFIELD, Brown Isakson Sanders as well as those who may attempt to exploit CEO. Burris Johanns Schumer federal efforts to promote recovery, are ap- Enclosures: Report to the Nation, Fraud Byrd Johnson Sessions prehended and held fully accountable fox Magazine. Cantwell Kaufman Shaheen their wrongs. Cardin Kennedy Shelby Sincerely yours, The PRESIDING OFFICER. The time Carper Kerry Snowe Casey Klobuchar Specter RICHARD DELONIS, of 5:20 having arrived, under the pre- vious order, pursuant to rule XXII the Chambliss Kohl Stabenow President. Cochran Lautenberg Tester clerk will report the motion to invoke Collins Leahy Thune ASSOCIATION OF cloture. Conrad Levin Udall (CO) CERTIFIED FRAUD EXAMINERS, The assistant legislative clerk read Corker Lieberman Udall (NM) Austin, TX, March 10, 2009. as follows: Crapo Lincoln Warner Hon. PATRICK LEAHY, Dodd Lugar Webb U.S. Senate, CLOTURE MOTION Dorgan McCain Whitehouse Durbin McCaskill Wicker Washington, DC. We, the undersigned Senators, in accord- Enzi McConnell Wyden DEAR MR. CHAIRMAN: The Association of ance with the provisions of rule XXII of the Certified Fraud Examiners (ACFE) is the Standing Rules of the Senate, hereby move NAYS—4 world’s largest anti-fraud organization and to bring to a close debate on the committee Coburn Inhofe the premier provider of anti-fraud training substitute amendment to S. 386, the Fraud DeMint Kyl and education. Together with nearly 50,000 Enforcement and Recovery Act of 2009. NOT VOTING—11 members, the ACFE is reducing business Patrick J. Leahy, Debbie Stabenow, Kent fraud world-wide and inspiring public con- Conrad, Barbara Boxer, Patty Murray, Brownback Ensign Rockefeller fidence in the integrity and objectivity with- Herb Kohl, Jeff Bingaman, Russell D. Bunning Landrieu Vitter Burr Martinez Voinovich in the profession. The mission of the ACFE is Feingold, Bernard Sanders, Bill Nelson, Cornyn Roberts to reduce the incidence of fraud and white- Ben Nelson, Richard Durbin, Jack collar crime and to assist in fraud detection Reed, Amy Klobuchar, Robert P. Casey, The PRESIDING OFFICER. On this and deterrence. Jr., Claire McCaskill, Harry Reid. vote, the yeas are 84, the nays are 4.

VerDate Mar 15 2010 13:53 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR09\S27AP9.000 S27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10668 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 27, 2009 Three-fifths of the Senators duly cho- The FBI, along with Department of now, we hopefully will deter the type of sen and sworn having voted in the af- Justice and other agencies, has strug- intentional, criminal activity that has firmative, the motion is agreed to. gled with allocating their scarce re- contributed to the present financial The Senator from Vermont. sources. As Director Mueller testified, crisis. Mr. LEAHY. Madam President, I ask ‘‘these cases are straining the FBI’s re- There is also another way we can unanimous consent that it be in order sources.... [W]e have had to shift re- protect the TARP and ARRA money— for me to raise a point of order en bloc sources from other criminal programs by strengthening civil fraud enforce- against all pending amendments; that to address the current financial crisis.’’ ment. The Fraud Enforcement and Re- they are not germane postcloture. The Fraud Enforcement and Recov- covery Act makes overdue changes to The PRESIDING OFFICER. Is there ery Act provides essential money for the False Claims Act, so that the Fed- objection? investigating and prosecuting fraud. eral Government can recover money The Chair hears none, and, it is so or- Both in the last Congress and earlier lost due to contractor abuse and fraud. dered. this Congress, Senator SNOWE and I had Through Senator GRASSLEY’s efforts Mr. LEAHY. Madam President, I introduced legislation, which also since the 1980s, the False Claims Act raise a point of order en bloc that the would have temporarily increased re- has become the powerful tool that it is pending amendments are not germane sources at the FBI to fight white-collar today. Individuals, on behalf of the postcloture. crime because we recognized that our Government, or the Government itself The PRESIDING OFFICER. The law enforcers do not have the resources can sue to recover money from con- point of order is well taken. The they need to fight the ever-growing tractors who have abused their access amendments fall en bloc. caseload of fraud cases. S. 386 serves to Government funds. We have seen in Under the previous order, all the same important end by providing the Iraq war context that when con- postcloture time is yielded back, the $245 million a year to the Justice De- tractors have access to large tranches substitute amendment is agreed to, and partment, the FBI, and other inves- of Government money, fraud and abuse the clerk will read the bill for the third tigative agencies. will often follow. time. S. 386 does more than just provide The bill was ordered to be engrossed Yet some of the False Claims Act money, though; it aims to fight fraud for a third reading and was read the cases decided by courts in the last dec- in a comprehensive, far-reaching man- third time. ade have made the False Claims Act Mr. LEAHY. Madam President, I un- ner by amending criminal laws. The less effective. One line of cases deter- derstand the vote will be tomorrow on changes in the Fraud Enforcement and mined that fraudulent actions by sub- the bill. Would it be in order to ask for Recovery Act will give Federal law en- contractors are not subject to the the yeas and nays at this point? forcement agencies the tools they need False Claims Act. A change in the The PRESIDING OFFICER. It is. to address some of the most nefarious Fraud Enforcement and Recovery Act Mr. LEAHY. I ask for the yeas and criminal activity in the financial plugs this hole in the existing law. nays. world. It is too late to turn back the clock The PRESIDING OFFICER. Is there a As we have seen in recent years, and prevent today’s financial crisis sufficient second? many of our vulnerabilities in the fi- from happening. But we can hold the There appears to be. The yeas and nancial sector originated from bad bad actors accountable now by pros- nays are ordered. mortgages and dangerous derivatives. ecuting the perpetrators to the fullest Mr. LEAHY. I thank the distin- The companies in the center of the extent of the law. The provisions of the guished Presiding Officer, and I yield storm are the names you hear every Fraud Enforcement and Recovery Act the floor. night on the news. Of course, not every will help ensure that our enforcement Mr. WHITEHOUSE. Madam Presi- person in those companies has acted resources match the gravity of the sit- dent, I rise in strong support of S. 386, criminally. But some have. These the uation before us. the Fraud Enforcement and Recovery actors who were able to exploit holes in Mr. DURBIN. Madam President, I ask Act, and I congratulate Chairman the regulatory system or identify prob- unanimous consent to speak as in LEAHY for introducing this important lems with oversight—often with inten- morning business. piece of legislation. If enacted, this bill tional disregard for the health of the The PRESIDING OFFICER. Without will enhance our ability to combat economy. Unfortunately, our present objection, it is so ordered. fraud and help bring justice to those laws don’t neatly capture some the Mr. DURBIN. Madam President, I ask injured by misconduct that contributed criminal acts that are at the heart of unanimous consent that Senator to our current financial crisis. financial crisis. SHERROD BROWN of Ohio be allowed to The bill has several important aims. To that end, this bill will amend the speak at the conclusion of my remarks. First, it provides badly needed addi- definition of ‘‘financial institution’’ to The PRESIDING OFFICER. Without tional funds for fraud-fighting efforts extend the fraud laws to private mort- objection, it is so ordered. at the FBI, the Department of Justice, gage-lending businesses that were not f and other agencies. It also makes crit- directly regulated or insured by the ical changes to our existing criminal Federal Government. It will also MORTGAGE FORECLOSURE CRISIS fraud statutes, so they capture the amend the law to cover mortgage- Mr. DURBIN. Madam President, later malfeasance in the mortgage and fi- backed derivatives—so intentional, this week, the Senate is going to con- nancial markets that we hear about fraudulent acts related to those instru- sider legislation that I have been work- every day. Last, certainly not least, it ments can be prosecuted. ing on for 2 years. Two years ago, it strengthens the False Claims Act to fa- The Fraud Enforcement and Recov- was apparent to me that we were fac- cilitate actions against Government ery Act also changes the law to better ing a mortgage foreclosure crisis in contractors or their subcontractors for capture Ponzi schemes. As it stands America. It was a crisis which had just wasting Government money. now, courts have held that the per- begun, but it was obvious there were First, I want to say a few words petrators of those schemes are liable many victims. I had no idea when I in- about the additional resources author- only for ‘‘profits’’ they earned—rather troduced this legislation that we would ized by this bill. In recent years, the than being liable for all the ‘‘proceeds’’ be standing here 2 years later and the number of fraud cases has ballooned. they received over the course of time. state of the American economy we Last month, the Director of the FBI, Furthermore, the bill puts the money would face. Robert Mueller, told the Judiciary expended through the Troubled Asset The Senate will consider legislation I Committee that his agency’s caseload Relief Program, the American Recov- have offered to help families save their of active mortgage fraud cases, for ex- ery and Reinvestment Act, and other homes and avoid foreclosure. When we ample, has almost tripled in the past 3 stimulus bills under the ambit of the consider amendments to the bill, the years. fraud statutes. By making this change key number to remember is 1.7 million

VerDate Mar 15 2010 13:53 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR09\S27AP9.000 S27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10669 families—1.7 million. That is the num- process was a fraud. In the worst of years ago, I came up with this idea of ber of families we will either give a times, many of these mortgage brokers changing the Bankruptcy Code. Cur- chance to save their homes or allow were saying to people: rently, under the Bankruptcy Code, if them to be thrown out in the street, How much money do you make? you are facing bankruptcy and you own depending on how the vote turns out. Oh, $50,000, $60,000. several pieces of real estate—a home, a My amendment will help 1.7 million Oh, that is great. We will put you in vacation condo in Florida, a ranch or a families avoid foreclosure. It will make a nice little house, we will give you an farm—and you go into bankruptcy, the a small change to the Bankruptcy Code adjustable rate mortgage and the house bankruptcy judge can take a look at to provide these families with a little will go up in value and everything will the mortgage which is in foreclosure bit of leverage—leverage they do not be fine. for your condo in Florida, and that have today. They call them no-doc mortgages. bankruptcy judge can say: The fair I had a meeting on Friday in my of- That meant no documentation. The value of that condo is X. Therefore, we borrower, the person buying the home, fice in Chicago. Groups came from all will reduce the principle on the mort- did not have to produce a single docu- over the city of Chicago and told me gage to X. We will change the interest ment to indicate their income or net about the mortgage foreclosure crisis rate, and we believe you can make the in that city. I love that town. I am worth. We have a little provision in the De- payments. You can keep your condo. honored to represent it. But there are partment of Treasury, Internal Rev- The same for your farm, the same for neighborhoods that are in serious trou- enue Service. If you spend a few dollars your ranch. But your home? No deal. ble and not because folks aren’t keep- and fill out a form, we will verify what The bankruptcy court cannot even con- ing up their homes—they do. They your income is so the people who are sider changing the mortgage terms on have fierce pride in their little bun- loaning the money are going to have your home. galows and homes they maintain. It is verification. That was not even asked That has been in the law for awhile. not because they aren’t proud of their for. Why? Because the folks who were I think it is a terrible provision. The churches they attend and temples and doing these deals wanted to get them people who want to protect that provi- synagogues. That is always a part of done and get out of town and they did. sion? Many of the banks that brought life in most cities, and it certainly is in They left behind a mess in community us this crisis, many of the banks that Chicago. And not because the kids after community, in city after city. have been given billions of dollars. It’s aren’t out playing on the playgrounds Now, as these people face foreclosure not all of them. I will tell you the good and reflecting the values of their fami- in their homes, many of them do not guys later on. But many of these banks lies. No, it is usually because there is know where to turn. They go back to that have benefited from the hundreds one house on the block that has gone the bank and they say to the bank: of billions of dollars taxpayers have into foreclosure. Come on, I understand I can get a low put on the table have said, when it You may think to yourself: So what. interest rate now. Maybe I can stay in comes to a bad mortgage and a fore- That is only one house. But imagine in this home. I am not going to default closure, tough deal. They made a bad your own hometown, in your own and I will not lose the home. It will not decision. They have to pay for it. neighborhood, if that house next door be foreclosed. Really? These bankers who were rak- went into foreclosure. Imagine it was Do you know what the banker tells ing in the billions of taxpayers’ dollars vacant, with plywood on all the win- them? The banker says: Oh, we just did because of their bad deals and their dows, and you started noticing that not a credit rating on you and it turns out rotten portfolios have said to these only was the lawn not being tended to, you are upside-down. You owe more poor people facing foreclosure: Tough. it was becoming a vacant lot for trash money on your house than it is worth; Tough. You should have known better. to accumulate. Then the word was out therefore, your credit rating is too low. You should not have made that mis- that there were vandals who were Therefore, we cannot renegotiate the take. You should have shown the wis- stripping the copper tubing and piping mortgage, therefore you are going to dom and foresight that we show in the out of that house. The next thing you face foreclosure. banking business. know, there are rumors about drug That’s the Catch-22 reality of mort- How about that for turning the ta- gangs using it late at night. gage foreclosure today. bles? That is the reality of these neighbor- I told a story to some people the That is what this debate is all about. hoods, and it is the reality of mortgage other day. I got on an airplane to fly I don’t want to see more people in foreclosure. It is not just the economic from Washington to Chicago. I do that bankruptcy. That is not a good out- loss for the neighbors. It is the loss of a lot. A stewardess, flight attendant, come. But if the lenders of these mort- a neighborhood spirit. That is what said she wanted to talk to me. After gages know that at the end of the road, foreclosure brings us. they served the coffee and soda, the after everything else has gone on, there You say to yourself: You know that drinks on the plane, she came down may be a bankruptcy judge who will sit family that was in there, they just and knelt down in the aisle next to me. down and look at that mortgage and made a terrible decision on a mort- People are looking around: What is this say to that flight attendant: You know gage. Some of them did. Some of them all about? what. You are offering mortgages at were misled into those terrible deci- She said: Senator, I am a single this bank for 4 and 5 percent. You offer sions. mom. I have three kids. I have been a this woman 4.5 percent. She can make Have you ever been to a closing to flight attendant on this airline for 20 the payments and keep her home and buy a home? Do you remember that years. I go to work every day and work the court is going to order it. stack of papers they put on the table in real hard. I have a house just outside of If they knew that could happen at front of you? They would turn the cor- Chicagoland area, in the metropolitan the end of the day, I think those bank- ner over and they would say: Keep area, and I have a 7-percent mortgage ers would be in a position where they signing. on it and I cannot do it. I can’t make would want to sit down before it occurs What is this? the payments. But I know they are of- and try to avoid the foreclosure, avoid Oh, it is a Federal Government form. fering mortgages now that are down in the terrible outcome for the family and The banks looked at it; the realtors the 4- and 5-percent range and I think the neighborhood. looked at it; everything is fine. Keep I can swing it. But they will not sit Mr. President, 1.7 million American going. Here is a check. Sign this. Now down and talk to me. Nobody will talk families could save their homes with here is your payment book. In 60 days to me. I have to default on my pay- my amendment. I didn’t come up with make your first payment. ment and go into foreclosure before that figure; the analysts did. It makes Secreted in some of these documents anybody will sit and talk to me. a very small change in the Bankruptcy were provisions that a lot of people did That is the reality of what housing is Code which could result in that. If it not understand. Sometimes the whole in many places across America. So, 2 passes, it is not just a family who wins

VerDate Mar 15 2010 13:53 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR09\S27AP9.000 S27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10670 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 27, 2009 or the neighbors who win, the banks next few years. It is not over. What Association. What a disappointment. win. Do you know what it costs a bank does that represent? One out of every What a disappointment that a great as- to take a home through foreclosure? A six homes in America could face fore- sociation such as that, representing so minimum, I am told at a hearing I closure. many good banks, would not even sit held, of $50,000. That is what they lose When I gave this speech a year ago down at the table to discuss this provi- for all the legal fees and things that and called for this measure, people sion. It is a source of great disappoint- are involved in a foreclosure on prop- came to the floor and said: Durbin, you ment to me because, as a Congressman erty. Then, do you know what happens are exaggerating. It is not that bad. It and Senator, I have worked with them to 99 percent of the properties that go is going to get well. People will be fine. on so many issues. I have never found into foreclosure? Do you know who That has not happened. Just the op- them more unyielding and unreason- owns them after the foreclosure? The posite has happened. able than on this issue. bank. Now that bank has to worry It does not have to be this way. Many They say: Don’t worry about it, Sen- about cutting the grass, making sure it of these mortgages can be slightly ator, we are experts. We are going to is a presentable property, providing se- modified and people can stay in their handle it. Don’t tell us what we need to curity if necessary. What might happen homes. The banks can still profit and do. if somebody started squatting on the families can still have a place for a fu- Many of those same banks are the property—which is starting to happen. ture. If we can save these homes, the first in line when it comes to Federal Or drug gangs started invading the value of the assets based on these money. In effect, they have said we building? Now it is a banker’s problem, mortgages could regain much of their have created these rotten mortgages in not one they signed up for but one they value. The institutions that hold bil- the first place. Then we sliced them up face. lions of dollars of these assets, such as into securities and sold them to inves- We can save the homes of 1.7 million Citigroup, JPMorgan Chase, Bank of tors all over the world as though there families with this issue. The mortgages America, Wells Fargo, and many others were no risks involved, although we that are under discussion here were could return to full health more quick- knew better. They tell us we made bil- risky instruments. Too many lenders ly. Confidence might return to the fi- lions of profits on the backs of home- threw caution to the wind and they nancial system. The American tax- owners, and then we took billions more issued these subprime mortgages, no- payers would get their money back from the taxpayers when the mort- doc mortgages, mortgages with stair- much earlier from the institutions we gages went bad, but don’t make us step rate increases, and a lot of people bailed out with hard-earned taxpayer solve the crisis. The Mortgage Bankers were sucked in and taken advantage of. dollars. Lending would ramp up at a and American Banking Association The Mortgage Bankers Association more rapid pace. Businesses might feel says: We will handle it by ourselves. and their cronies scoffed when we told more confidence. Time will take care of it. them we were going to have even more The banks have said all along we That was effectively the message of foreclosures, but the number continues don’t need any change in the law, we the leading banking associations when, to grow. This is the cancer at the heart will take care of this problem. Look for the last several months, we have of this recession. This is what we have what has happened. As they promised begged them, pleaded with them to sit to address. us they would take care of it, they down and work this out. They have re- This President has worked overtime didn’t. More and more homes went into fused. They have been adamant. with a Recovery and Reinvestment default and face foreclosure because The Independent Community Bank- Act, putting money back into the econ- they won’t sit down and make the deal. ers of America and the National Asso- omy, saving jobs, creating jobs. But we Why wouldn’t they? If they face $50,000 ciation of Federal Credit Unions—a have to get to the heart of this housing in losses on these foreclosures, if they group which I always supported in the crisis. We have to stop what has be- have all these new obligations, at the past—they have had a little different come a steady decline of neighborhoods end of the day why wouldn’t they sit message. They said: We didn’t cause and real estate values in America. It down? this crisis. Why should we be part of affects us all. I will tell you why. For many of any plan to solve it? The institutions that held billions of them, they don’t want to concede the We tried lengthy negotiations to ad- dollars of these mortgage assets began fact that they created this crisis. Sec- dress their concerns. We told them this to fail. You remember the litany: Bear ond, many of them believe that at the solution will help the economy, will Stearns, Fannie Mae, Freddie Mac, end of the day Uncle Sam and the tax- help their borrowers, and basically help Lehman Brothers, AIG. The global fi- payers of America will ride to the res- their clients. And they just will not nancial system started to melt down cue, buying these mortgage securities, buy it. and it started with these bad mort- taking care of these banks, saving I can tell them this. It is time for gages. Then the American taxpayers them after the bottom falls out of the Congress to act and I hope we can mus- were asked to provide $700 billion to real estate market and housing market ter the courage and find the votes, al- bail out institutions, just like the ones in America. What an awful outcome, though I know it is going to be hard, I have named. Lending dried up at the that all these families would have to go hard to imagine that today the mort- banks across America. Businesses had through all this suffering, that all gage bankers would have clout in this to cut back. Millions of American these neighborhoods would have all Chamber, but they do. workers have lost their jobs. these problems, so at the end of the They have a lot of friends still here. In my home State of Illinois, we were day the banks that made the original They are still big players on the Amer- losing on average 1,200 jobs a day—a bad mortgages would be rescued. That ican political scene. They have said to day. Unfortunately, that continues. We must be what they are thinking. their friends: Stay away from this leg- think we are starting—starting to turn The groups that are leading the islation. Do not vote for it. the corner but ever so slightly. charge against me on this are familiar Some of them will follow their lead. Trillions of dollars in savings of names on Capitol Hill: The Mortgage Not everyone has walked away from workers and retirees were wiped out. It Bankers Association, the people who this responsible solution. The amend- happened to everybody, everybody who brought us this wonderful subprime ment which we will vote on a little was in an investment with a 401(k) or mortgage crisis, they oppose my bill; later this week has the support of IRA or even a pension plan. Eventu- the Financial Services Roundtable, the CitiGroup, the Center for Responsible ally, even safe mortgages were put at biggest names in financial services in Lending, and many other leading risk. It started with subprime mort- this Nation, the ones who have had homeowner advocacy groups such as gages. Now it is starting to spread. their hands out for Federal money, op- the AARP, the Leadership Council on Credit Suisse now estimates that 8.1 pose this idea of helping people facing Civil Rights, the Consumer Federation million mortgages could fail in the foreclosure; and the American Bankers of America, and dozens of other groups.

VerDate Mar 15 2010 13:53 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR09\S27AP9.000 S27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10671 They have worked with me to craft a across this country? The flight attend- that surrounds those in the community responsible, reasonable proposal to ant on that flight, a single mom with with major layoffs, but it has also give lenders a clear incentive to work three kids, her one asset in life is her meant years of stagnant wages. We hard to keep families in their homes. home, and she is about to lose it? All have seen, since this huge loss of man- The amendment I am going to offer she wants is a chance to renegotiate ufacturing jobs, since this exploding of will make a modest change in the that mortgage and no one will sit down our trade deficit, years of stagnant Bankruptcy Code with a lot of condi- and talk with her. They would rather wages where most of America simply tions. It will not apply across the see her go all the way through default has not gotten a pay raise in real dol- board. In the past, some of my col- and foreclosure. It is an outrageous sit- lars. leagues have understood the need for uation. It is repeated over and over and A combination of the current reces- action but have been uncomfortable over. sion and manufacturing jobs lost as a with some of the original language. So We will have this debate this week. I result of wrong-headed trade policies let me be clear. This amendment is hope this amendment can prevail. We have taken their toll on community very different. This amendment limits are going to work hard to make sure after community in Ohio. From the the assistance in bankruptcy to situa- we do everything we can so that it North American Free Trade Agreement tions where lenders are so intransigent passes. to the Central American Free Trade that they are unwilling to cooperate Then next week we are going to take Agreement, from Permanent Normal with the two primary foreclosure pre- up the credit card issue. We will be Trade Relations with China, to failing vention efforts already underway, the back with our friends in the banking to enforce our trade laws, our Nation’s Obama administration’s Homeowner industry. The American people know a trade policy in the last decade, pure Assistance and Stability Plan, and the lot about credit cards, and they know and simple, has betrayed America’s congressionally created HOPE for what this industry has done. The Presi- middle class. Homeowners Refinancing Program, dent said in a meeting last week: This Last year alone our trade deficit which this bill will greatly improve. is another industry that is entitled to topped $700 billion. We have every day, I am not going to go into further de- make a profit but not entitled to ex- yesterday—Saturday, Friday, tomor- tail, but I want to say to my colleagues ploit America’s families and con- row, the next day, all week, every in the Senate and those who follow this sumers. He is right. This will be a real day—a trade deficit of $2 billion, a $2 debate, this is not the first time I have test of my colleagues in the next few billion a day trade deficit. If you spent a dollar every second of every minute come to the Senate floor in the 13 weeks in the Senate. First, we come to of every hour of every day, it would years I have served to raise issues in- mortgage foreclosure, and then when it volving the exploitation of American take you 63 years to spend $2 billion. comes to credit cards, as to whether we We have a $2 billion trade deficit consumers. I can recall the bankruptcy are going to stand up on the side of reform debate, had that a few years every day. The first President Bush working people in America, families said a billion dollar trade surplus or a back, and I offered a simple amend- struggling to get by, struggling with ment. Here is what it said: If you, as a billion dollar trade deficit translates debt, who need someone to speak up for into some 13,000 jobs gained or lost. A lender, are guilty of predatory lending them, we can do that in the Senate. I practices—in other words, if you have $1 billion trade surplus means you are sincerely hope we do. manufacturing and selling $1 billion violated the law in the way that you I yield the floor. have suckered in people to sign up for more out of the country than you are The PRESIDING OFFICER. Expres- importing. That is a 13,000 job gain. A the mortgages, then you cannot show sions of approval and disapproval are up at the bankruptcy court and ask $1 billion trade deficit is the reverse, is not permitted. a 13,000 job loss. That is according to that court order the person in bank- The Senator from Ohio is recognized. ruptcy to pay you. Your hands are not President Bush the first. f So you can do the math. A $700 bil- clean. You are a predatory lender. At that time, many years ago, oppos- TRADE POLICY lion trade deficit is a lot of lost jobs. This is a net trade deficit. This is im- ing my amendment was Senator Phil Mr. BROWN. Madam President, I ac- Gramm of Texas. Phil Gramm of Texas ports minus exports or exports minus tually approve of the Senator’s com- imports. Our trade deficit has resulted and I have an opposite political philos- ments. In this case I want to express ophy. He is a very articulate and a very in our Nation not only importing goods that. and services and building that trade smart man, and he was debating me. In the last few weeks, there has been deficit and seeing the kinds of numbers Do you remember what he said during a good bit of discussion in the media of lost jobs, it is also importing the the course of the debate? He said: and in Washington, not much around dangerous safety standards of our trad- If the Durbin amendment passes— the country, but in the media and in ing partners. This is about 8 years ago. Washington, about continuing the In Toledo, OH, several patients died if the Durbin amendment passes, that will be Bush trade policy by promoting the after taking contaminated heparin for the end of subprime mortgages. trade pacts he negotiated before leav- their heart conditions. The manufac- Think about that. If 8 years ago we ing office. turers of heparin had outsourced the would have put an end to these We know President Bush pushed the making of the drug. As a result, they subprime mortgages with that amend- Central American Free Trade Agree- did not know where the contaminated ment, would we be in the mess we are ment through the Congress after his fa- ingredients came from. It has also hap- in today? Well, perhaps, but perhaps ther and President Clinton had pushed pened in vitamins; it has also happened not. We called the amendment for a through the North American Free in other pharmaceuticals. It has hap- vote. The amendment said the banks Trade Agreement. And we know that pened in dog food, where the manufac- that were guilty of predatory lending continuing the Bush trade policy would turers of these dog foods or, in the case could not recover in bankruptcy, and I be a mistake. of the dog food, or the manufacturer of lost by one vote. One vote. Look at what has happened in States the pharmaceuticals, the companies I thought to myself so many times as such as Ohio and New Hampshire. Look have moved offshore, have bought in- this recession has unfolded how it all over this country. You can see not gredients—outsourced these ingredi- might have been different if somebody simply the incredible job loss middle- ents—have bought them from all kinds had stood up at that moment in time, class families have suffered, not just of subcontractors, whom they gen- just one more Senator for consumers their own job loss, what that means to erally cannot trace very well. across America. This will be another a neighborhood, what that means to a They have come back into the United test. Who is going to win this debate, community, what it means to police States and caused significant damage, the mortgage bankers, the American and fire protection and the layoffs of sometimes to the point of death for too Bankers Association, or the consumers city workers and the general malaise many Americans.

VerDate Mar 15 2010 13:53 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR09\S27AP9.000 S27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10672 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 27, 2009 The same with toys. Professor Jef- rency practices, and a petition of Chi- Organization. We must not find our frey Weidenhamer, a professor at Ash- nese workers’ rights. Are the Chinese public policy subject to corporate land University, not far from where I using slave labor, child labor? The rights of action at the WTO or NAFTA grew up in Ohio, took his freshman Bush administration would not even that outweighs the Government’s re- chemistry class and went out and examine it. They dismissed those 301 sponsibility to preserve the public wel- bought very inexpensive toys at Hal- petitions in a matter of, in one case, fare. loween and Christmas last year and less than a day. The Bush administra- What has happened is the corporate then tested these toys for lead-based tion also never acted on 421 cases even rights have been respected but not paint and found a significant number of when the International Trade Commis- rights of workers, not rules to protect them had far too high levels, dan- sion found injury. the environment or consumer safety gerously high levels for children. The nonenforcement has left strug- and food safety. These were products made by an gling companies in my State, small A global system such as the WTO American company but outsourced. manufacturing companies in New that doesn’t give countries policy space The production was outsourced to Hampshire, the Presiding Officer’s risks the very legitimacy of global in- China. These companies then subcon- State, unable to compete against un- stitutions. Countries should have sov- tracted with all kinds of small Chinese fair trade practices. ereignty. If Canada wants to pass a operations and at the same time I am encouraged by the Obama ad- strong environmental rule, if Mexico pushed them every year to cut costs. ministration’s emphasis on trade en- wants to pass a strong food safety law, So what happened? These companies forcement. I want to see Congress work who are we, in a world trade body or as used the cheapest, the easiest to apply with the President to ensure the trade another government, or who is some- paint, which happened to be lead-based enforcement is a governmentwide prac- one in a corporation to tell those coun- paint, which is put on these products, tice. tries they can’t pass a strong environ- which then make their way back into Finally, I believe Congress should mental law or a strong food safety law. the United States and show up in the give President Obama the authority to I recognize the framework I have out- homes of children in Avon Lake and negotiate better trade deals. But I do lined is only one strategy, but we can Bucyrus, OH. not believe we can give President all agree our current trade model has Whether it is patients in Toledo, Obama or any President a blank check not been working. When we change the whether it is children who are using on these trade agreements. Congress process for writing trade deals, we can these toys in Zanesville, or whether it needs a stronger role in the process. make trade deals work for more people is workers who have lost their jobs be- That means Congress must review, in our country and for people living in cause of trade agreements, it is clear must renegotiate, must revitalize the countries who are our trading part- our trade direction is not working. It is trade. That is why Congress should ners. We have seen demonstrations in clear the trade agenda given us by the enact the Trade Reform Accountability Central America against trade agree- Bush administration, inherited by the Development and Employment Act I ments, understanding that these trade Bush administration, should not be introduced in the last Congress and agreements have so often overridden continued. plan to introduce soon in this Con- consumer protection rules in their Make no mistake about it: I want gress. countries. We see people in our country trade, I want more of it. I want it The trade act is forward looking. It is complain of trade agreements because under a different set of rules. That is a pro-trade piece of legislation that re- workers lose jobs, because safe drink- why I will be asking the Government quires a review of existing trade agree- ing water is not protected under these Accountability Office to conduct a ments and then provides a process to agreements. It is time these trade comprehensive study on our current renegotiate existing trade agreements, agreements are written for commu- trade agreements. A GAO report on when necessary. It outlines principles nities, for workers, and for small busi- trade would provide a nonideological, on labor standards, on the environ- nesses. They have not been in the past. nonpartisan analysis of what is work- ment, on investment, on food safety, This is our chance to set out a new di- ing, and what is not working in our on consumer product safety, such as rection on trade. trade policy. It is an important step to- children’s toys, to be included in future f ward redirecting U.S. trade policy that trade agreements, something that has will provide critical solutions for our never been included. Any consequential CONGO CONFLICT MINERALS ACT Nation’s recovery strategy. provisions, none of them have ever OF 2009 The basic premise of redirecting U.S. been included in any of these trade Mr. DURBIN. Madam President, I trade policy is that we must see evi- agreements on labor, on investment, on want to pause from the press of daily dence that our trade model is working environment, on food safety, on con- business to consider the situation in before we pass new trade agreements. sumer product safety. the Democratic Republic of Congo. I Why should we pass a trade agreement With any delegation of its authority have frequently come to the floor to negotiated by the Bush administration to negotiate better trade deals, Con- talk about the tragedy in Darfur—yet with Panama or with Colombia or with gress must ensure negotiating objec- the situation in Congo is worth as South Korea, when those trade agree- tives are binding and that there is a much attention. ments are based on the NAFTA, congressional vote on a trade agree- The Democratic Republic of Congo CAFTA trade model, the same kind of ment before it is signed by the Presi- has been devastated by civil war, con- trade agreement that surely has cost dent. flict and a humanitarian crisis. Since us jobs? If you do not believe it has From on high, the President cuts all 1998, there have been an estimated 5.4 cost us jobs, first, you are not looking the special interest deals. We saw that million deaths. The poverty and inse- at the statistics, but even if you do not in the Bush years and, frankly, we saw curity in Congo is pandemic. Illegal believe it, let’s go back and have that it too often in the Clinton years, the armed groups and military forces com- dispassionate analysis, nonideological, first Bush and the Reagan years also. mit widespread human rights viola- nonpartisan principled analysis of The trade negotiators would cut their tions with impunity. The conflict there NAFTA, of CAFTA, of our trade policy special interest deals, send the agree- still results in an estimated 45,000 with China before we move on and pass ment to Congress, and Congress had to deaths each month. further trade agreements. vote, after the President had signed on, This is a tragic situation, deserving At the same time, during the last 8 either up or down. Reasserting congres- of the international community’s at- years, the Bush administration never sional authority must also ensure tention. accepted a 301 petition to help us with Congress’s public policy prerogatives My colleague from Kansas, Senator trade enforcement, including a petition are respected by international trade or- BROWNBACK, and I traveled to the DRC for an investigation of Chinese cur- ganizations such as the World Trade together a couple of years ago. Congo

VerDate Mar 15 2010 13:53 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR09\S27AP9.000 S27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10673 is, in many ways, a beautiful country, port the armed conflict or contribute tion does both Muslims and non-Muslims an rich in natural resources. to human rights abuses. enormous disservice by pretending other- But, like so many other places in the In the longer-term, we hope that wise. Theologically, Muslims are neither fragile world, Congo’s natural resources have Congo and its neighbors will establish nor frivolous. They have not become suicide also become a curse. Warring factions a regional framework to prevent the il- bombers because non-Muslims have said struggle for control of resources to pur- licit trade of these minerals. In the something unkind; they have not refrained sue their own political aims. During meantime, we can take this step to from becoming holy warriors because West- our trip, Senator BROWNBACK and I work with U.S. companies to ensure erners avoided the word ‘‘Islamic’’ in de- learned that armed factions are plun- they are not inadvertently fueling the scribing Osama bin Laden and his allies. dering the mineral resources of eastern conflict in the Democratic Republic of Having an American president who had a Muslim father, carries the name of the Congo and that illegal trade in these Congo. Prophet Muhammad’s grandson, and wants minerals is essentially financing the f to engage the Muslim world in a spirit of violence there. ‘‘mutual respect’’ isn’t a ‘‘game changer.’’ We witnessed first-hand atrocities in MUSLIM MIDDLE EAST This hypothesis trivializes Islamic history eastern Congo—atrocities of horrific Mr. KYL. Madam President, in an and the continuing appeal of religious mili- tancy. and inhumane proportions. Armed April 16 Wall Street Journal column, groups perpetrate unspeakable acts of Above all else, we need to understand ‘‘Speaking Truth to Muslim Power,’’ clearly our enemies—to try to understand sexual violence against women and former CIA officer and Middle East ex- them as they see themselves, and to see girls to humiliate and terrorize com- pert Reuel Marc Gerecht writes about them as devout nonviolent Muslims do. To munities and weaken their resistance. the fierce internal debates over Islam, not talk about Islam when analyzing al I have met several times with a true jihadism, and modernity within the Qaeda is like talking about the Crusades modern day hero, Dr. Denis Mukwege, Muslim Middle East. without mentioning Christianity. To devise who runs the Panzi hospital of Bukavu, a hearts-and-minds counterterrorist policy As Gerecht writes, while Western for the Islamic world without openly talking Congo. The Panzi hospital specializes countries cannot determine the out- in treatment for victims of sexual vio- about faith is counterproductive. We—the come of those debates, they can help West—are the unrivalled agent of change in lence. The hospital performs surgeries shape them and provide a boost to Mus- the Middle East. Modern Islamic history—in- and provides psychological counseling lim reformers. While it is fashionable cluding the Bush years—ought to tell us that for these victims, but Dr. Mukwege and to criticize President George W. Bush’s questions non-Muslims pose can provoke his staff are overwhelmed by the num- Middle East policies, Gerecht says that healthy discussions. ber of women seeking assistance. The abolition of slavery, rights for reli- Arab democracy activists ‘‘have never gious minorities and women, free speech, or Last year, I held a Judiciary hearing been so hopeful as they were’’ from 2002 on rape as weapon of war. This is hap- the very idea of civil society—all of these did to 2006, during which time democracy not advance without Western pressure and pening every day in the Democratic promotion flourished. He argues that the enormous seductive power that Western Republic of Congo. Rape and other President Bush’s pro-democracy rhet- values have for Muslims. Although Muslims forms of sexual violence affect hun- oric ‘‘energized the discussion of rep- in the Middle East have been talking about dreds of thousands of women and girls resentative government and human political reform since they were first exposed to Western ideas (and modern military there, resulting in severe injuries, rights abroad.’’ longterm psychological trauma, and might) in the 18th century, the discussion of I ask unanimous consent that Mr. individual liberty and equality has been immeasurable destructive impacts on Gerecht’s column be printed in the the communities there. This war is more effective when Westerners have been RECORD, and I urge my colleagues to intimately involved. The Middle East’s brief being financed, at least in part, by the consider his thoughtful views. but impressive ‘‘Liberal Age’’ grew from Eu- illegal trade in these minerals. There being no objection, the mate- ropean imperialism and the unsustainable So what can we in the United States rial was ordered to be printed in the contradiction between the progressive ideals do about this? Well, many of these taught by the British and French—the Egyp- RECORD, as follows: minerals end up right here in the U.S. tian press has never been as free as when the and in many other countries, because [From The Wall Street Journal, Apr. 16, 2009] British ruled over the Nile valley—and the they are used for everyday electronics SPEAKING TRUTH TO MUSLIM POWER inevitably illiberal and demeaning practices that come with foreign occupation. (By Reuel Marc Gerecht) products. Our cell phones, BlackBerrys, Although it is now politically incorrect to computers, and many other commonly ‘‘The United States is not at war with say so, George W. Bush’s democratic rhetoric used electronics contain these min- Islam and will never be. In fact, our partner- energized the discussion of representative erals. ship with the Muslim world is critical in government and human rights abroad. De- Senator BROWNBACK and I, along with rolling back a fringe ideology that people of mocracy advocates and the anti-authori- Senator FEINGOLD, who chairs the Afri- all faiths reject.’’ tarian voices in Arab lands have never been ca Subcommittee of the Foreign Rela- So spoke President Barack Hussein Obama so hopeful as they were between 2002, when in Turkey last week. Following in the foot- democracy promotion began to germinate tions Committee, have introduced leg- steps of the Bush administration, Mr. Obama islation to create more transparency within the White House, and 2006, when the wants to avoid labeling our enemy in reli- administration gave up on people power in about the end users of these minerals gious terms. References to ‘‘Islamic ter- the Middle East (except in Iraq). in the United States. rorism,’’ ‘‘Islamic radicalism,’’ or ‘‘Islamic The issue of jihadism is little different. It’s The Congo Conflict Minerals Act of extremism’’ aren’t in his speeches. ‘‘Jihad,’’ not a coincidence that the Muslim debate 2009 would require companies that are too, has been banished from the official lexi- about holy war became most vivid after 9/11, involved in commercial activities in- con. when the U.S. struck back against al Qaeda volving three minerals (coltan, cas- But if one visits the religious bookstores in Afghanistan and Saddam Hussein in Iraq. siterite, and wolframite) to disclose near Istanbul’s Covered Bazaar, or mosque li- Many may have found Mr. Bush’s brief use of braries of Turkish immigrants in Rotterdam, the term ‘‘Islamofascism’’ to be offensive— the country of origin of the minerals to Brussels or Frankfurt, one can still find a although it recalls well Abul Ala Maududi, a the Securities and Exchange Commis- cornucopia of radical Islamist literature. Go Pakistani founding father of modern Islamic sion. If the minerals are from DRC or into the bookstores of Arab and Pakistani radicalism, who openly admired European neighboring countries, companies immigrant communities in Europe, or into fascism as a violent, muscular ideology capa- would have to also disclose the mine of the literary markets of the Arab world and ble of mobilizing the masses. Yet Mr. Bush’s origin. the Indian subcontinent, and you’ll find an flirtation with the term unquestionably We want to know where U.S. compa- even richer collection of militant Islamism. pushed Muslim intellectuals to debate the le- nies are getting these minerals, and we Al Qaeda is certainly not a mainstream gitimacy of its use and the cult of mar- Muslim group—if it were, we would have had want to work with them to promote re- tyrdom that had—and may still have—a far more terrorist attacks since 9/11. But the widespread grip on many among the faithful. sponsible practices and due diligence to ideology that produced al Qaeda isn’t a riv- When Sunni Arab Muslims viewed daily on ensure that their suppliers provide raw ulet in contemporary Muslim thought. It is a satellite TV the horrors of the Sunni on- materials in a way that does not sup- wide and deep river. The Obama administra- slaught against the Iraqi Shiites, and then

VerDate Mar 15 2010 13:53 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR09\S27AP9.000 S27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10674 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 27, 2009 the vicious Shiite revenge against their for the 111th Congress. Members of the lates solely to internal budget or personnel former masters, the debate about jihadism, Joint Committee on Printing elected matters. the historic Sunni-Shiite rivalry, and the Senator CHARLES E. SCHUMER as chair- (b) No person other than members of the American occupation intensified. Unfortu- Committee, and such congressional staff and man and Congressman ROBERT BRADY nately, progress in the Middle East has usu- other representatives as they may authorize, ally happened when things have gotten ugly, as vice chairman. Pursuant to rule shall be present in any business session that and Muslims debate the mess. XXVI, paragraph 2, of the Standing has been closed to the public. Iran’s former president Mohammed Rules of the Senate, I ask unanimous RULE 6.—ALTERNATING CHAIRMANSHIP AND Khatami, whom Bill Clinton unsuccessfully consent that a copy of the committee VICE-CHAIRMANSHIP BY CONGRESSES tried to engage, is a serious believer in the rules be printed in the RECORD. (a) The Chairmanship and vice-Chairman- ‘‘dialogue of civilizations.’’ In his books, Mr. There being no objection, the mate- ship of the Committee shall alternate be- Khatami does something very rare for an rial was ordered to be printed in the tween the House and the Senate by Con- Iranian cleric: He admits that Western civili- RECORD, as follows: gresses: The senior member of the minority zation can be morally superior to its Islamic party in the House of Congress opposite of counterpart, and that Muslims must borrow RULES FOR THE JOINT COMMITTEE ON that of the Chairman shall be the ranking culturally as well as technologically from PRINTING—111TH CONGRESS minority member of the Committee. others. On the whole, however, he finds the RULE 1.—COMMITTEE RULES (b) In the event the House and Senate are West—especially America—to be an amoral (a) The rules of the Senate and House inso- under different party control, the Chairman slippery slope of sin. How should one talk to far as they are applicable, shall govern the and vice-Chairman shall represent the ma- Mr. Khatami or to Ayatollah Ali Khamenei, Committee. jority party in their respective Houses. When the less curious but morally more earnest (b) The Committee’s rules shall be pub- the Chairman and vice-Chairman represent clerical overlord of Iran; or the Saudi royal lished in the Congressional Record as soon as different parties, the vice-Chairman shall family and their influential state-supported possible following the Committee’s organiza- also fulfill the responsibilities of the ranking clergy, who still preach hatred of the West; tional meeting in each odd-numbered year. minority member as prescribed by these or to the faithful of Pakistan, who are in the (c) Where these rules require a vote of the rules. midst of an increasingly brutal, internecine members of the Committee, polling of mem- religious struggle? Messrs. Khatami and bers either in writing or by telephone shall RULE 7.—PARLIAMENTARY QUESTIONS Khamenei are flawlessly polite gentlemen. not be permitted to substitute for a vote Questions as to the order of business and They do not, however, confuse civility with taken at a Committee meeting, unless the the procedures of the Committee shall in the agreement. Neither should we. ranking minority member assents to waiver first instance be decided by the Chairman; It’s obviously not for non-Muslims to de- of this requirement. subject always to an appeal to the Com- cide what Islam means. Only the faithful can (d) Proposals for amending Committee mittee. decide whether Islam is a religion of peace or rules shall be sent to all members at least RULE 8.—HEARINGS: PUBLIC ANNOUNCEMENTS war (historically it has been both). Only the one week before final action is taken there- AND WITNESSES faithful can banish jihad as a beloved weapon on, unless the amendment is made by unani- (a) The Chairman, in the case of hearings against infidels and unbelief. Only Muslims mous consent. to be conducted by the Committee, shall can decide how they balance legislation by RULE 2.—REGULAR COMMITTEE MEETINGS make public announcement of the date, men and what the community—or at least place and subject matter of any hearing to its legal guardians, the ulama—has histori- (a) The regular meeting date of the Com- be conducted on any measure or matter at cally seen as divine commandments. mittee shall be the second Wednesday of least one week before the commencement of Westerners can, however, ask probing ques- every month when the House and Senate are that hearing unless the Committee deter- tions and apply pressure when differing in session. A regularly scheduled meeting mines that there is good cause to begin such views threaten us. We may not choose to dis- need not be held if there is no business to be hearing at an earlier date. In the latter patch the U.S. Navy to protect women’s considered and after appropriate notification event, the Chairman shall make such public rights, as the British once sent men-of-war is made to the ranking minority member. announcement at the earliest possible date. to put down the Muslim slave trade, but we Additional meetings may be called by the The staff director of the Committee shall can underscore clearly our disdain for men Chairman, as he may deem necessary or at promptly notify the Daily Digest of the Con- who see ‘‘child brides’’ as something vouch- the request of the majority of the members gressional Record as soon as possible after safed by the Almighty. There is probably no of the Committee. such public announcement is made. issue that angers militants more than wom- (b) If the Chairman of the Committee is (b) So far as practicable, all witnesses ap- en’s rights. Advancing this cause in tradi- not present at any meeting of the Com- pearing before the Committee shall file ad- tional Muslim societies caught in the merci- mittee, the vice-Chairman or ranking mem- vance written statements of their proposed less whirlwind of globalization isn’t easy, ber of the majority party on the Committee testimony at least 48 hours in advance of but no effort is likely to bear more fruit in who is present shall preside at the meeting. their appearance and their oral testimony the long term than having American offi- RULE 3.—QUORUM shall be limited to brief summaries. Limited cials become public champions of women’s (a) Five members of the Committee shall insertions or additional germane material rights in Muslim lands. constitute a quorum, which is required for will be received for the record, subject to the Al Qaeda’s Islamic radicalism isn’t a blip— the purpose of closing meetings, promul- approval of the Chairman. a one-time outgrowth of the Soviet-Afghan gating Committee orders or changing the war—or a byproduct of the Israeli-Pales- rules of the Committee. RULE 9.—OFFICIAL HEARING RECORD tinian confrontation. It’s the most recent (b) Three members shall constitute a (a) An accurate stenographic record shall violent expression of the modernization of quorum for purposes of taking testimony and be kept of all Committee proceedings and ac- the Muslim Middle East. The West’s great receiving evidence. tions. Brief supplemental materials when re- transformative century—the 20th—was RULE 4.—PROXIES quired to clarify the transcript may be in- soaked in blood. We should hope, pray, and serted in the record subject to the approval (a) Written or telegraphic proxies of Com- do what we can to ensure that Islam’s con- of the Chairman. mittee members will be received and re- tinuing embrace of modernity in the 21st (b) Each member of the Committee shall be corded on any vote taken by the Committee, century—undoubtedly its pivotal era—will provided with a copy of the hearing tran- except for the purpose of creating a quorum. not be similarly horrific. script for the purpose of correcting errors of (b) Proxies will be allowed on any such We are fooling ourselves if we think we no transcription and grammar, and clarifying votes for the purpose of recording a mem- longer have to be concerned about how Mus- questions or remarks. If any other person is ber’s position on a question only when the lims talk among themselves. This is not an authorized by a Committee member to make absentee Committee member has been in- issue that we want to push the ‘‘reset’’ but- his corrections, the staff director shall be so formed of the question and has affirmatively ton on. Here, at least, George W. Bush didn’t notified. requested that he be recorded. go nearly far enough. (c) Members who have received unanimous RULE 5.—OPEN AND CLOSED MEETINGS f consent to submit written questions to wit- (a) Each meeting for the transaction of nesses shall be allowed two days within JOINT COMMITTEE ON PRINTING business of the Committee shall be open to which to submit these to the staff director RULES OF PROCEDURE the public except when the Committee, in for transmission to the witnesses. The record open session and with a quorum present, de- may be held open for a period not to exceed Mr. SCHUMER. Madam President, on termines by roll call vote that all or part of two weeks awaiting the responses by wit- April 23, 2009, the Joint Committee on the remainder of the meeting on that day nesses. Printing organized, elected a chairman, shall be closed to the public. No such vote (d) A witness may obtain a transcript copy a vice chairman, and adopted its rules shall be required to close a meeting that re- of his testimony given at a public session or,

VerDate Mar 15 2010 13:53 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR09\S27AP9.000 S27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10675 if given at an executive session, when au- rector shall be an employee of the House of Whatever it is, there is a reason fans thorized by the Committee. Testimony re- Representatives or of the Senate. and athletes alike keep coming back to ceived in closed hearings shall not be re- (b) The Ranking Minority Member may the Drake Relays year after year. leased or included in any report without the designate an employee of the House of Rep- Just as Jesse Owens said, ‘‘There’s approval of the Committee. resentatives or of the Senate as the minority something special about the Drake Re- RULE 10.—WITNESSES FOR COMMITTEE HEARINGS staff director. (c) The staff director, under the general su- lays.’’ (a) Selection of witnesses for Committee Congratulations to the Drake Relays hearings shall be made by the Committee pervision of the Chairman, is authorized to staff under the direction of the Chairman. A deal directly with agencies of the Govern- on 100 years of ‘‘America’s Athletic list of proposed witnesses shall be submitted ment and with non-Government groups and Classic.’’ to the members of the Committee for review individuals on behalf of the Committee. f sufficiently in advance of the hearings to (d) The Chairman or staff director shall permit suggestions by the Committee mem- timely notify the Ranking Minority Member SIMON WIESENTHAL HOLOCAUST bers to receive appropriate consideration. or the minority staff director of decisions EDUCATION ASSISTANCE ACT made on behalf of the Committee. (b) The Chairman shall provide adequate Mr. MENENDEZ. Madam President, I time for questioning of witnesses by all RULE 16.—COMMITTEE CHAIRMAN rise today to discuss the Simon members, including minority members and The Chairman of the Committee may es- Wiesenthal Holocaust Education As- the rule of germaneness shall be enforced in tablish such other procedures and take such sistance Act, which I recently intro- all hearings notified. actions as may be necessary to carry out the (c) Whenever a hearing is conducted by the foregoing rules or to facilitate the effective duced. This important legislation Committee upon any measure or matter, the operation of the Committee. Specifically, would provide competitive grants for minority on the Committee shall be entitled, the Chairman is authorized, during the in- educational organizations to make Hol- upon unanimous request to the Chairman be- terim periods between meetings of the Com- ocaust education more accessible and fore the completion of such hearings, to call mittee, to act on all requests submitted by available throughout the Nation. witnesses selected by the minority to testify any executive department, independent Last Tuesday, people from all corners with respect to the measure or matter dur- agency, temporary or permanent commis- of the Earth, representing all faiths ing at least one day of hearing thereon. sions and committees of the Federal Govern- stood together to solemnly commemo- RULE 11.—CONFIDENTIAL INFORMATION ment, the Government Printing Office and rate Holocaust Remembrance Day, in FURNISHED TO THE COMMITTEE any other Federal entity, pursuant to the re- memorial of perhaps the greatest crime The information contained in any books, quirements of applicable Federal law and papers or documents furnished to the Com- regulations. ever perpetrated against humanity. As mittee by any individual, partnership, cor- f we reflect upon the tragedies of the poration or other legal entity shall, upon the events surrounding the Holocaust—the request of the individual, partnership, cor- DRAKE RELAYS lives lost, the families destroyed, the poration or entity furnishing the same, be Mr. GRASSLEY. Madam President. I potential unfulfilled—we must renew maintained in strict confidence by the mem- wish to pay tribute to a 100-year tradi- our commitment to never forget, so bers and staff of the Committee, except that tion in my home State of Iowa . This this dark chapter in history will never any such information may be released out- past weekend, the Drake Relays in Des be repeated. side of executive session of the Committee if the release thereof is effected in a manner Moines, IA, celebrated a century of We must never forget the approxi- which will not reveal the identity of such in- competition for the world’s elite track mately six million Jewish men, women dividual, partnership, corporation or entity and field athletes. and children, as well as the millions of in connection with any pending hearing or as Schools and athletes from all over others who faced persecution, displace- a part of a duly authorized report of the the country come to Des Moines each ment, and death at the hands of the Committee if such release is deemed essen- year to compete in this classic. The Nazis. We must remember their stories tial to the performance of the functions of display put on by the Drake commu- not just to honor their lives, but more the Committee and is in the public interest. nity every year brings alumni, Iowans, importantly, to educate the next gen- RULE 12.—BROADCASTING OF COMMITTEE athletes, friends, and families together eration about the dangers of intoler- HEARINGS to cheer competitors in victory and de- ance, ignorance, and bigotry. The rule for broadcasting of Committee feat. Some may question the necessity of hearings shall be the same as Rule XI, clause 4, of the Rules of the House of Representa- The Drake Relays has been creating studying an event that—while hor- tives. memorable moments for 100 years. It is rific—happened over half a century ago RULE 13.—COMMITTEE REPORTS moments created by Jesse Owens, Mi- and an ocean away. Other skeptics will (a) No Committee report shall be made chael Johnson, Carl Lewis, Jim Ryun, argue that anti-Semitism—while ter- public or transmitted to the Congress with- Gwen Torrence, and Iowa’s very own rible—is a relic of the past that simply out the approval of a majority of the Com- Lolo Jones, Natasha Kaiser-Brown, doesn’t exist in modern society. Unfor- mittee except when Congress has adjourned: Kevin Little, and Joey Woody. It is un- tunately, we ignore history at our provided that any member of the Committee known athletes making their own peril, and not recognizing and taking may make a report supplementary to or dis- mark in history and taking the first seriously the seeds of bigotry and anti- senting from the majority report. Such sup- step toward fame far beyond the bor- Semitism that have again begun to plementary or dissenting reports should be ders of Iowa. It is high school kids, like take root around the world only serves as brief as possible. (b) Factual reports by the Committee staff my son Robin, whose capstone moment to promulgate it. may be printed for distribution to Com- of their athletic career was partici- Recently, anti-Semitism has surfaced mittee members and the public only upon pating in the Drake Relays. disguised in the form of anti-Israel authorization of the Chairman either with Anybody who has attended the Re- rhetoric. The two have morphed into a the approval of a majority of the Committee lays understands the marvel of this virulent attack against all Jews result- or with the consent of the ranking minority one-of-a-kind sporting event. For some ing in a provocative and dangerous es- member. it is the blue track that helps athletes calation of physical attacks against RULE 14.—CONFIDENTIALITY OF COMMITTEE run a little faster, jump a little longer Jewish individuals, synagogues and REPORTS and higher, and throw a little further. other Jewish institutions around the No summary of a Committee report, pre- For others it is the fans filling every world. Symbols of Nazi Germany have diction of the contents of a report, or state- seat to cheer for the athletes who cross been used in this form of anti-Semi- ment of conclusions concerning any inves- tigation shall be made by a member of the the finish line in first and for those tism as a cudgel against Jews, insult- Committee or by any staff member of the who cross last. And for some it is the ing the honor of millions of Jewish peo- Committee prior to the issuance of a report intense competition from the high ple—a people still emerging from the of the Committee. school kids all the way to the top ath- dark shadow cast by the Holocaust. RULE 15.—COMMITTEE STAFF letes in the world who are standing Some have sought to rewrite history to (a) The Committee shall have a staff direc- shoulder to shoulder waiting for their minimize and spin the facts sur- tor, selected by the Chairman. The staff di- event. rounding the Holocaust. The leadership

VerDate Mar 15 2010 13:53 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR09\S27AP9.000 S27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10676 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 27, 2009 of Iran has waged campaigns not just information about the Holocaust and transformation of Portland did not to alter, but to simply erase an incon- convey the lessons that the Holocaust happen by accident. It is the result of venient history. Holocaust deniers—au- can teach us today. I certainly cannot citizens and organizations working to- thors and others who have the bully think of a better namesake for this gether. And American City Quality pulpit have smeared the truth of his- bill, for Simon Wiesenthal honored the Month celebrates this effort. tory—something that is regrettably so memories of those lost by dedicating f much easier to do as the Holocaust re- his life to bringing those responsible TRIBUTE TO WILLIAM TOBIN cedes in time and as those who can for these horrific acts to justice. bear witness are dwindling in numbers. Only by proper acknowledgement of Ms. MURKOWSKI. Madam President, Unfortunately, we need not look half the incredible loss of life during the I wish to honor a pioneer of Alaska way around the globe for examples of Holocaust, will we ever be able to en- journalism who did much during his 62- anti-Semitism, intolerance and hate; sure that such an event never happens year career to make his adopted State but rather we can look to our own again. of Alaska what it is today. William J. neighborhoods and communities. In It is in our common interest to raise ‘‘Bill’’ Tobin died earlier this month at Fort Lauderdale earlier this year at an our voices against anti-Semitism and age 81, following a year-long battle anti-Israel rally, a demonstrator was against all hatred and discrimination. with cancer. heard to say ‘‘Go back to the oven. You Funding accurate Holocaust edu- Bill served 2 years in the U.S. Army need a big oven,’’ a horrific reference cational programs is a step toward win- during World War II from 1943 to 1945. to the crematoria of Nazi Germany. ning this battle. He started his journalism career in 1948 And it saddens me to note that in my So as America stands with Israel and working for the Associated Press in In- dianapolis, IN, while still in college at home State of New Jersey, a State of all followers of the Jewish faith in con- Butler University. After Indianapolis, immense diversity, tolerance and un- demning anti-Semitism, let us do ev- he worked for the Associated Press in derstanding, we have seen a number of erything in our power to end discrimi- New York City and Louisville, KY. In recent troubling anti-Semitic incidents nation and educate future generations 1956, he was moved by the AP to cover that tear away at the decency and ci- about the danger of hatred and bigotry. Alaska news from Juneau, then the vility that we should expect in this I urge my colleagues to support this territorial capital, staying until after great Nation. legislation. statehood in 1960. He was Alaska’s first Last December, three Glen Rock f national resident newsman. He finished teenagers were charged with painting a NATIONAL AMERICAN CITY his 17-year AP career as the assistant swastika and the word ‘‘Jew’’ on the QUALITY MONTH bureau chief in Baltimore, MD, from property of Jewish residents. 1960 to 1961 and as the bureau chief for This past January, a Kenilworth fam- Ms. COLLINS. Madam President, I the State of Montana from 1961 to 63. ily awoke one morning to find a Star of rise today to recognize April as the 21st Bill and his wife missed the beauty and David and the word ‘‘Die’’ carved into Annual National American City Qual- excitement of Alaska, and in 1963, he their garage door. ity Month. Led by the National League began a 45-year career with Anchor- Last month, Northvale public school of Cities, the U.S. Conference of May- age’s then largest newspaper, the An- students had to endure anti-Semitic ors, and the American City Planning chorage Times, and later with the graffiti scrawled throughout the walls Directors’ Council/American City Qual- Voice of the Times editorial and inter- of their school. ity Foundation, this valuable program brings together a wide range of public net publication. He retired in 2008. A New Jersey family made national During his time Mr. Tobin covered or and private partners. Their efforts headlines by naming their three young edited stories on every major event in demonstrate what it takes to build children Aryan Nation, Hinler, and Alaskan history. Stories of his efforts Adolf Hitler. great communities, addressing vital to publish the Times in the aftermath As recently as last week, in Union issues to include land use, building de- of the Good Friday earthquake of City, where I grew up, authorities were sign, transportation, parks and recre- March 27, 1964—at a revised 9.2 on the investigating an act of arson in a class- ation, energy efficiency, and environ- Richter scale, the largest quake every room of a Jewish school that is being mental protection. measured in North America—are leg- reported as a hate crime. City planners across my State of endary. The paper was published even These troubling events do not occur Maine and throughout the Nation are though downtown Anchorage was lit- in a vacuum. They are a reflection of calling on public and private sector erally destroyed. He edited stories on an ever-present current of hate. We leaders to commit to efforts that will the discovery of oil on Alaska’s North cannot sit idly and hope that time lead to better planning, redevelopment Slope in 1968, covered and edited debate alone will heal the wounds of genocide and development of our Nation’s cities in Congress on the Alaska Native or solve our issues of continued intoler- and surrounding regions. This is essen- Claims Settlement Act, and edited sto- ance. We must take proactive steps to tial to accommodate U.S. Census pro- ries on the Trans-Alaska Pipeline Au- ensure that our society remembers and jected population growth of 34.5 million thorization Act in 1974 that permitted learns from the painful experiences of by the year 2020 and 100 million within construction of the 800-mile pipeline the Holocaust. Holocaust education is 20 to 30 years. that to this day moves 13 percent of essential to the enlightenment, under- This public-private partnership is the Nation’s domestic oil production to standing, and empathy of our youngest necessary to meet the growing need for market. generations and their role in history to higher quality, more energy efficient Mr. Tobin’s career spanned several come. and sustainable housing, buildings, legislative milestones including the The Simon Wiesenthal Holocaust public transportation, infrastructure, passage of a law that created a 200-mile Education Act is an important step to- agriculture, and industry. I applaud exclusive fishery management zone ward this goal. While some States, like these collaborative efforts to improve around Alaska, the passage of the Alas- New Jersey, currently require the Hol- urban and rural communities across ka lands bill that placed 131 million ocaust to be taught in public schools, our Nation. acres of Alaska—more than a third of this act goes further and makes grants This collaborative planning works. the State—into parks and protected available to organizations that in- Just a few weeks ago, Forbes magazine land status in 1980, and a career that struct students, teachers, and commu- named Portland, ME, my State’s larg- saw Alaska become a major training nities about the dangers of hate and est city, as the most livable city in and forward deployment base for the the importance of tolerance in our so- America. In addition, Portland’s busy U.S. military. ciety. This legislation would give edu- Commercial Street was voted as one of His official obituary said it best when cators the appropriate resources and the country’s great streets by the it noted that ‘‘he was an ardent sup- training to teach accurate historical American Planning Association. The porter of the U.S. military and men

VerDate Mar 15 2010 13:53 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR09\S27AP9.000 S27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10677 and women in uniform’’ and that Bill with me how high energy prices are af- of), labor (have to pay more to get them out was ‘‘a tireless champion of Alaska and fecting their lives, and they responded to work), fertilizers, chemicals, tires and its potential.’’ His Saturday and later by the hundreds. The stories, num- other rubber compounds. I have seen diesel Sunday columns covered the personal bering well over 1,200, are heart- for my tractors go from $1.50 per gallon to side of life in Alaska for decades. The over $4 per gallon in less than three years. breaking and touching. While energy The rest of our fleet is now having to burn editorials that he and Anchorage prices have dropped in recent weeks, $4.70 per gallon diesel and because of the Times Publisher Robert Atwood wrote the concerns expressed remain very rel- EPA and [increased regulation], these large and published did much to turn An- evant. To respect the efforts of those trucks get half the fuel economy that they chorage, which at statehood had a pop- who took the opportunity to share did in the late 1970s. Please help us before ulation of several thousand, into the their thoughts, I am submitting every this nation comes to a grinding halt and our State’s largest city with a population e-mail sent to me through an address enemies seize the opportunity to attack. today of more than 275,000. set up specifically for this purpose to UNSIGNED. Bill was an active civic leader, serv- the CONGRESSIONAL RECORD. This is not ing over time as a board member or I am angry at oil companies for stealing an issue that will be easily resolved, from consumers and angry at Congress for president of nearly 40 community orga- but it is one that deserves immediate [not addressing the problem]. nizations in Anchorage. At his death, and serious attention, and Idahoans de- Alternatives which should rapidly be de- he was active as associate publisher of serve to be heard. Their stories not veloped are: the Roman Catholic diocese newspaper, 1. Hydro electric: clean, cheap renewable. only detail their struggles to meet ev- 2. Off shore and ANWR drilling: more com- the Catholic Anchor, based in Anchor- eryday expenses, but also have sugges- age. He was vice chairman of the At- petition means less monopoly. tions and recommendations as to what 3. Nuclear: free up our private enterprise wood Foundation, a member of the Congress can do now to tackle this from stifling regulations and we would have Alaskan Command Civilian Advisory problem and find solutions that last be- an abundance of inexpensive power. Board, a member of the University of yond today. I ask unanimous consent 4. Biomass (slash and trash incinerators) Alaska School of Nursing advisory to have today’s letters printed in the for producing electricity or hydrogen. board, a member of the University of 5. Stop burning our forests down and allow RECORD. Alaska Fairbanks Snedden Professor Americans to harvest trees and build houses. advisory board, and a member of the There being no objection, the mate- P.C. rial was ordered to be printed in the University of Alaska Anchorage At- The Governor of Alaska wants drilling to RECORD, as follows: wood Journalism Chair selection board. begin in Alaska. Why does Congress insist on He was named Alaskan of the Year in Thank you for letting me email my not allowing this? We have a vast area un- 1988, the 1990 Anchorage Chamber of thoughts and feelings regarding today’s gas tapped that could produce millions of barrels Commerce Gold Pan Award Winner for prices. This may not be what you expected of oil for Americans. but I am writing this email from the heart. Distinguished Individual Community In the 70s, I remember having to wait in I am angry with our government with re- long lines to fill up my car. I remember Con- Service, the 2000 Outstanding Civilian spect to rising gas prices. I find it so hard to of the Year by the Armed Services gress grandstanding that something needs to believe why they want to put our country in be done to secure America’s future. Thirty YMCA, the 2002 Alaska State Chamber to this situation. Everybody and every busi- years later, I am hearing the same rhetoric. of Commerce Alaskan of the Year, the ness suffers. Going places and doing things What does it take to get Congress to take ac- 2004 Junior Achievement of Alaska as a family has been taken from us since the tion and utilize the resources we have in this Business Hall of Fame Laureate, and first hit is putting gas in the vehicle. The ho- country? was a 2006 Honorary Doctor of Laws re- tels, restaurants, grocery stores have been Drill in Alaska, the oceans off shore, the cipient by Gonzaga University. forced to increase their prices. Small busi- Midwest. The average American does not Born on July 28, 1927, in southwest nesses cannot survive. We own our own busi- care if an oil rig interferes with the ocean ness (recycling center) and the fuel costs to view of a multimillion-dollar mansion. We Missouri in the City of Joplin, Bill run our fleet is astronomical. This is out- grew up in Tulsa, OK, Fort Worth, TX, are fed up with the rich getting everything rageous and needs to stop immediately. It is on the backs of the hard-working American. and South Bend, IN, but he grew wise only going to cause increased homeless peo- LINDA. in Alaska. He knew more about Alas- ple and poverty. Do something now before it ka’s history and politics than most any gets any worse. Please stop this insanity and I am writing to you in response to your re- other Alaskan journalist. As a person get our country back whole again. Remove quest for testimonials about the prices for who got my start in elected office as a speculation and reduce gas prices imme- energy. My dad is a middle class lowboy driv- State representative from north An- diately. Thank you for letting me speak out. er in St. Maries. The prices of energy have chorage, I have firsthand knowledge ANITA, Lewiston. an effect on not only my dad, but for his that Bill was an old-school journalist boss. It is depressing to see men and women Not so much a story as a plea . . . I wish in my community laid off, who cannot afford who religiously checked his copy for I could grab every Congressman by the oil to heat their homes in the winter, watch factual accuracy and was always polite shoulders, look them in the eye, and say: their homes and possessions get foreclosed and fair to his sources on stories he ‘‘Either you, or your replacement, will allow upon, and have to figure out where their covered. While he had clear and strong us to get the energy we need!’’ source of income will be coming from. My fa- editorial opinions, he was always cou- Right now we are heading toward environ- ther is very lucky to be spared this misfor- rageous in support of his newspaper’s mental communism. Yet it is a fact that CO2 tune. Jobs in our community are hard to and city’s goals. Bill was a wonderful levels follow higher temperatures, not the come by, because loggers cannot afford to family man, a devoted member of his other way around! That is, the Earth warms pay outrageous diesel prices. Even one of the and cools on it is own, and will continue to church, and a pillar of the Alaska Re- richest men in Idaho is suffering from sky do so, whether we use fuels or not. high diesel bills. Additionally, I recently publican Party, and always a true gen- CLIFF, Pocatello. moved to Moscow to start my life at the Uni- tleman. versity of Idaho. I have been in Moscow for All of Alaska joins in offering condo- I am disgusted with [partisan behavior] almost a month, and have been rejected by lences to his wife of nearly 57 years, and the do-nothing attitude [of so many numerous jobs. Many adults are taking jobs Marjorie, and his three sons, Mike, elected officials] towards our impending en- that teenagers and college students like my- David, and Jim, and their families. ergy disaster. I realize that there are pockets self usually take. Alaska journalism and the State’s po- of trustworthy individuals who still listen to I do not point the blame on the oil compa- litical establishment are certainly their constituents rather than special inter- nies; however, but I do find it hard to believe poorer for his passing. est groups. There are those that would like that the federal government makes more nothing better than to put this nation into profit than the oil companies do off each bar- f such a drastic depression that communism rel of oil. How is this?? How can the govern- IDAHOANS SPEAK OUT ON HIGH would look like heaven. I am in the agricul- ment have all this profit, and not make any ENERGY PRICES tural business and energy prices have dras- good use of it (by means of building a new re- tically increased my costs on every single finery, which hasn’t been done in 30 years; or Mr. CRAPO. Madam President, in input. It has affected the costs of diesel, gas, drilling in Alaska/ANWR; or increasing drill- mid-June, I asked Idahoans to share pvc, plastics, metal (shipping and production ing in the Gulf of Mexico). The American

VerDate Mar 15 2010 13:53 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR09\S27AP9.000 S27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10678 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 27, 2009 voters are tired of oil dependency from ter- 1. Increase mileage standards on US made ban so that it was affordable for us to even rorists! Please knock some sense into the cars and foreign cars imported to the US. go and support our family member who was liberals who insist upon this practice of deal- You should have voted to increase CAFE´ getting married. The high cost of energy is ing with the Middle East! We need to figure standards in past years. If Americans drove preventing families from being able to get out a way that we can be dependent on our- 35 mpg vehicles instead of big SUVs, we together for reunions and other family gath- selves. The only way to fix the prices on en- would have consumed, and would be con- erings. This is pretty sad. ergy is to be our own supplier. Otherwise, suming, much less oil. I wonder what fuel Let us not forget that it is not only at the our country will fail. We, the middle class, prices would be today if US consumption at gas pumps we are getting gouged, but at the are the economy. In our area, we supply the pump were half of the current rate, grocery store and anywhere else we shop. products that build our economy’s busi- achieved through more efficient vehicles? 20 The store owners are passing the higher ship- nesses, homes, paper products, and [other billion barrels of oil would be saved if we all ping charges on to the consumer as well. So important products]. We need lower fuel drove cars that got 40 mpg. It would have the cost of energy is impacting us in mul- prices to maintain our livelihoods and jobs. I been great if US car manufacturers had com- tiple areas of our budget. hope this somewhat helps you convince the peted to make cars with the best mileage in- We are in desperate need of alternative en- liberals that they are not looking out for the stead of the biggest trucks and SUVs. ergy sources to help control the cost of en- ‘‘underdogs’’. If these prices keep increasing, 2. Change mileage stickers on cars from ergy. If the oil companies had to compete for my dad, and many of friends’ parents, will be miles per gallon to gallons per 10,000 miles. our business their prices would not be so out of jobs, and scrambling to do something. Although they are numerically the same, the high. Thank you for your time. psychology of 800 gallons per 10,000 miles Thanks for your efforts JACKIE, Moscow. (roughly $3,200 per year) compared to 200 gal- BRENT, Twin Falls. lons per 10,000 miles (roughly $800 per year) I am a 52-year-old woman and I have been is not equivalent to 12.5 versus 50 mpg. This We are a family of six, and we have two ve- a single parent all my life. I am now dis- is how appliances are sold. hicles. My husband has a car for commuting abled. I can honestly say that if I were a sin- 3. We do not need a bailout from the fed- to work, and I have a minivan to transport gle parent with small children in today’s eral government on fuel prices. We need bet- our family around. Gas prices have gone so times, I would not be able to manage putting ter jobs so these prices do not completely high now that it cost us more money to fill gas in my car to take my children to school cripple Idaho’s economy. The government up both our vehicles, than it does to feed our and then go to work. It is hard enough just can assist ordinary Idahoans by supporting family for two weeks. It is an expense that is buying food with today’s prices. As it is, I or funding public transportation, including hard to cut costs on. We need to be able to am disabled and I live on $1,000. This means light rail in the Treasure Valley. The gov- get around. But the prices are not just that I am only able to put gas in to my car ernment can also assist us by better-funding afecting us at the tank. It costs a farmer once a month. With the old clunker that I education so Idahoans can work in higher over $400 a day to drive his tractor now, and have, it cost me $75 or more to fill it up. paying jobs. there is the gas for the semi-truck driver Then that has to last me all month, which 4. Idaho is unique in our nuclear energy too. So gas is driving our food prices up. It is means I do not travel much. past. I wholeheartedly support the develop- hard on the American family. Also, in today’s world, much of the housing ment and usage of new-generation nuclear What I suggest we do is use America’s in- is equipped with only gas heating. For a sin- energy technology. Idaho, and the Idaho Na- tellectual gifts and come up with a new al- gle parent that makes too much money for tional Laboratories, can take a lead in this ternative fuel source, preferably a renewable food stamps and heating assistance, the cost area. one that will not damage the environment. of heating apartment or house is very costly. 5. Do not forget conservation. Drive less. Then we need cars that can run off it. We I have to try and cut corners in everything I Drive slower. Idaho could lower speed limits could help the global warming problem and do when it comes to the cost of gas. and save the equivalent of 50–80 cents per our fuel problem. While that is being done, I am not sure how to change the cost of gallon. maybe we can use some of our own gas in- things but, I think I would certainly try ob- Thank you for considering the points in stead of the Middle East’s gas. We are work- taining petroleum in the good ole USA. I my letter. I am hopeful that you will share ing so hard to fight Iraq with our strength. think we would have enough resources to it with your Committee Chair. But they are fighting us with economics, and handle the USA if one was to try hard CHRIS, Boise. we are letting them win. enough. Thank you for your time and atten- TAMARA. tion to America’s concerns. As the cost of energy continues to go up EUNICE. our lifestyle continues to go down. No money I think the worse part of high energy costs to spend on any home maintenance, auto- is the restrictions our married children that This letter is in response to your request mobile maintenance, or replace anything live a few hours from home feel about trav- for personal stories chronicling the impact of that wears out or breaks. It is like I am liv- eling. They are on limited budgets and can- $4 per gallon gas on the lives of ordinary Ida- ing in a third world country right here in the not budget in very many travels on the high hoans. I am an ordinary Idahoan, and I am United States of America. I can only imagine fuel expenses. Anything that keep grand- happy to report that $4 per gallon gas has what it must be like for people who make parents from seeing their grandchildren as had essentially no impact on my lifestyle. less than I do. Corporations make billions often should be a federal offense! I am sure Like the majority of Idahoans, I live in a every 3 months and there is nothing wrong? you would agree! city. I ride my bike or walk to work, and use Please fix this before it cost us our entire RENEE. my car only for out of town trips. I also own country. a vehicle that gets about 30 miles per gallon BLAKE. With all due respect, I think you are off (mpg). The marketing efforts of Ford and GM track. Yes, prices are rising. No, that does hawking huge inefficient vehicles failed me; I disagree with you on the raising of taxes. not mean you should vote against climate I drive a Subaru. The oil companies and the rich should have change legislation. I find it disingenuous that you are request- to pay taxes to help support our country Please, focus your energy on diversifying ing letters to support unsustainable life- along with all the other U.S. citizens. All our energy sources in the sense of solar and styles and provide welfare for poor vehicle you accomplished by cutting taxes is causing wind power. Do not go for the short-term choice decisions. With that in mind, I am local taxes to go up to compensate for the scheme of drilling for more domestic oil. providing a perspective on the merits of high federal tax cuts. Because of the tax cuts to That would be a short-term fix. We need to fuel prices. our state, we had to vote in more property think generations down the road, and realize The impacts of more expensive fuel in- taxes to cover the cuts. We are now paying that our current consumption is simply not clude: (1) fewer miles traveled by car; (2) less much more taxes to keep Idaho functioning sustainable. fuel consumption; (3) less greenhouse gases and our federal taxes did not go down. As a Yes, I have been impacted by high prices. being released into the atmosphere; and (4) matter of fact, they went up since we can no So have my coworkers and neighbors. But record usage of public transportation. These longer take our Medicare premiums off of the subsequent changes I see in our lifestyles are laudable accomplishments only possible our federal taxes. are wonderful: we drive less, choosing to in our market-based society via pricing in- LOIS. bike, walk and take the public bus to work fluences. In addition, if more of us walked or or run errands or to recreate. Need less . . . bicycled to work, perhaps we would reduce I just want to share my story with you. We what a solution! health care costs associated with the obesity recently had a wedding in our family that re- MARGARET, McCall. epidemic. quired us to travel to Arizona for the wed- Here are some suggestions for what you ding. The majority of our family was unable We are farmers from Idaho Falls. The en- can do to lessen the impact of more expen- to go because of the high cost of gas. The ergy prices are hugely affecting our bottom sive fuel: eight of us that did go carpooled in a subur- line. In the past year alone, due to the cost

VerDate Mar 15 2010 13:53 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR09\S27AP9.000 S27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10679 of fuel, fertilizer has gone up four times. ADDITIONAL STATEMENTS ABORTION RECOVERY AWARENESS Many people do not understand that farmers MONTH are not just affected by the cost of putting fuel in their tractors. The rising price of fuel ∑ Mr. VITTER. Madam President, I affects every aspect of our business. It is un- stand today to commend Governor fortunate that in the news farmers are being TRIBUTE TO AGNES ‘‘AUNTY Bobby Jindal, Louisiana State senator portrayed as just raking in the dollars right AGGIE’’ KALANIHOOKAHA COPE A. G. Crowe, and Louisiana resident now while the consumers struggle to buy ∑ Cindy Collins for their efforts in mak- food at the grocery stores. This just is not Mr. AKAKA. Madam President, I congratulate Mrs. Agnes ing April ‘‘Abortion Recovery Aware- the case. ness Month’’ in Louisiana. I would like We have no way of staying in business if Kalanihookaha Cope for receiving an the cost of the commodities we sell does not honorary Doctor of Humane Letters de- to take a few moments to remark on this important issue. go up to compensate for the huge increase in gree from the University of Hawaii at I would also like to thank the fol- our costs. It is time the American consumers Manoa. The honorary degree is typi- stand up to uninformed environmentalists. lowing organizations for their efforts cally conferred on worthy candidates Environmentalists are setting energy policy in helping to reduce abortions and who have distinguished themselves that is going to devastate our entire econ- fighting for the unborn. I thank Abor- through outstanding contributions in omy. As farmers, we are the best environ- tion Recovery International, Louisiana mentalists that exist. We care that future areas other than science. The degree Abortion Recovery Alliance, Post generations will have a clean safe place to will be awarded at the University of live and exist. We also believe that the way Abortion Helpline of Louisiana, Ra- Hawaii at Manoa Spring 2009 com- chel’s Vineyard Louisiana, Pregnancy out of our current problems, without crip- mencement ceremony. pling the entire economy, are solved with a Resource Centers of Louisiana, Na- multi-dimensional approach. Yes, fuel econ- I wish to acknowledge ‘‘Auntie tional Abortion Recovery Helpline, Op- omy for cars should be increased on a time Aggie,’’ as she is fondly known, for her eration Outcry Louisiana, and Silent line that is feasible. We also know that we long dedication and inspirational ef- No More Awareness Louisiana. have to open up new oil drilling and refinery forts in organizing the practice, preser- All human life is sacred, and I have capacity to help stabilize our economy. We worked hard in Congress to advance a also feel that we need to have better means vation and perpetuation of ethnic cul- of producing power. Nuclear energy is safe, tures in the state of Hawaii, particu- culture of life, including banning par- clean, and reliable. We need to be the leaders larly the Hawaiian culture. She has tial-birth abortions, outlawing abor- in the world of good energy policy and plan- also demonstrated a commitment to tion drugs, fighting against taxpayer ning. improving the health of Native Hawai- funding of abortions, and strongly sup- If we shut down all industry in the United ians—physically, culturally, and men- porting adoption and crisis pregnancy States, we will become slaves to a foreign tally. Aunty Aggie is an established ed- centers. I have always been adamant in nation. Do people really believe that food ucator, talented and respected kumu my support of pro-life and pro-family produced in other countries is as safe and re- measures in Congress, and groups and liable as food that is produced domestically? hula or Hawaiian dance instructor, and If we do not start now to develop a better ap- an ardent advocate for Native Hawai- individuals like these are instrumental proach to our current energy problems, we ians. A few of her many noteworthy ac- to these and other advances we have all be at the mercy of China and oil-pro- complishments include—founding the made in promoting a culture of life. ducing nations. Waianae Coast Culture and Arts Soci- Thus, today, I applaud Governor MARK and STEPHANIE, Idaho Falls. ety, helping to found the Waianae Bobby Jindal, State senator A. G. Crowe, Cindy Collins, and the many The President’s plan to stimulate the econ- Coast Comprehensive Health Center, and serving as board chair of Papa Ola great organizations listed above for omy was a like a drop in the bucket com- their efforts in making April ‘‘Abortion pared to the rise in gas prices at the pump. Lokahi, the Native Hawaiian Health The gas prices have doubled from last sum- Care Organizations. Recovery Awareness Month’’ in Lou- isiana.∑ mer. If you received a 1%, 3% or higher cost Auntie Aggie is a true guardian of of living increase, you are still short. The in- f creased minimum wage was wasted effort. the culture and the arts. The legacy The increase in gas prices will force an in- and testament to her work is the Agnes MESSAGES FROM THE PRESIDENT crease across the board, just because this Cope Community and Cultural Health Messages from the President of the country, especially in states like Idaho, is Award, which is issued by the Brown United States were communicated to very dependent on vehicles from semi-trucks and Bakken World Health awards pro- the Senate by Mr. Williams, one of his to bring food from one state to another to a gram for the purposes of bringing the secretaries. way to get to work, etc. community together and working col- I think time, effort and money should be f laboratively to improve world health. spent on developing alternate energy EXECUTIVE MESSAGES REFERRED sources. Oil is a non renewable resource as is However, Aunty Aggie could not have nuclear energy. More effort should be placed achieved what she has done without As in executive session the Presiding on energy sources that renew themselves, the additional support and knowledge Officer laid before the Senate messages such as wind power and power derived from of her family and community. I com- from the President of the United the ocean. Right now would be a great time mend all those who have helped in her States submitting sundry nominations for the development of a combustion engine efforts to be a leader in the Hawaiian which were referred to the appropriate that is clean and fuel efficient. I believe that committees. there are those inventions already available, renaissance and to keep the Native Ha- just not used. waiian culture and community alive (The nominations received today are SHARON. and thriving. printed at the end of the Senate pro- ceedings.) I would also like to echo University I, like others, who are so tired of rising of Hawaii Chancellor Virginia Hinshaw f fuel costs, would like to see something done about it. Please put something in motion who said, ‘‘Spanning four decades, Mrs. MESSAGE FROM THE HOUSE and help get these rising prices lowered. I am Cope’s personal dedication and civic not sure what is driving the prices higher. contributions to enhancing the health But it is the people that suffer. You just can- and education of Native Hawaiians and ENROLLED BILL AND JOINT not afford to do anything or go anywhere preserving their culture have improved RESOLUTION SIGNED anymore. And that causes depression in a lot the lives of all citizens of Hawaii.’’ I At 3:16 p.m., a message from the of people. My gasoline bill last month was congratulate Aunty Aggie and chal- House of Representatives, delivered by over $500 and that is outrageous. I drive to the INL site every day and that adds up very lenge the next generation to continue Mr. Zapata, one of its reading clerks, quickly. her important work and wish them all announced that the Speaker has signed Please help do something about this. continued success in the years to the following enrolled bill and joint DONNA, Rigby. come.∑ resolution:

VerDate Mar 15 2010 13:53 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR09\S27AP9.000 S27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10680 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 27, 2009 S. 39. An act to repeal section 10(f) of Pub- entitled ‘‘Modification of the Atlantic High the Committee on Commerce, Science, and lic Law 93–531, commonly known as the and San Juan Low Offshore Airspace Areas; Transportation. ‘‘Bennett Freeze’’. East Coast, United States’’ ((Docket No. EC–1387. A communication from the Pro- S.J. Res. 8. Joint resolution providing for FAA–2008–1259) (Airspace Docket No. 08– gram Analyst, Federal Aviation Administra- the appointment of David M. Rubenstein as a ASO–1)) received in the Office of the Presi- tion, Department of Transportation, trans- citizen regent of the Board of Regents of the dent of the Senate on April 21, 2009; to the mitting, pursuant to law, the report of a rule Smithsonian Institution. Committee on Commerce, Science, and entitled ‘‘Airworthiness Directives; McDon- The enrolled bill and joint resolution Transportation. nell Douglas Model 717–200 Airplanes’’ were subsequently signed by the Presi- EC–1380. A communication from the Pro- ((RIN2120–AA64)(Docket No. FAA–2008–1155)) gram Analyst, Federal Aviation Administra- received in the Office of the President of the dent pro tempore (Mr. BYRD). tion, Department of Transportation, trans- Senate on April 21, 2009; to the Committee on f mitting, pursuant to law, the report of a rule Commerce, Science, and Transportation. entitled ‘‘Airworthiness Directives; EC–1388. A communication from the Pro- MEASURES PLACED ON THE Turbomeca Arriel 1B, 1D, 1D1, 2B, and 2B1 gram Analyst, Federal Aviation Administra- CALENDAR Turboshaft Engines’’ ((RIN2120–AA64) (Dock- tion, Department of Transportation, trans- The following bills were read the sec- et No. FAA–2009–0302)) received in the Office mitting, pursuant to law, the report of a rule ond time, and placed on the calendar: of the President of the Senate on April 21, entitled ‘‘Airworthiness Directives; Piper 2009; to the Committee on Commerce, Aircraft, Inc. Models PA–46–350P and PA– S. 895. A bill to prevent mortgage fore- Science, and Transportation. 46R–350T Airplanes’’ ((RIN2120–AA64)(Docket closures and enhance mortgage credit avail- EC–1381. A communication from the Pro- No. FAA–2009–0007)) received in the Office of ability. gram Analyst, Federal Aviation Administra- the President of the Senate on April 21, 2009; S. 896. A bill to prevent mortgage fore- tion, Department of Transportation, trans- to the Committee on Commerce, Science, closures and enhance mortgage credit avail- mitting, pursuant to law, the report of a rule and Transportation. ability. entitled ‘‘Airworthiness Directives; Honey- EC–1389. A communication from the Pro- f well International Inc. ALF502L–2 and gram Analyst, Federal Aviation Administra- ALF502L–2C Turbofan Engines’’ ((RIN2120– tion, Department of Transportation, trans- EXECUTIVE AND OTHER AA64) (Docket No. FAA–2008–1207)) received mitting, pursuant to law, the report of a rule COMMUNICATIONS in the Office of the President of the Senate entitled ‘‘Airworthiness Directives; Ham- The following communications were on April 21, 2009; to the Committee on Com- ilton Sundstrand Propellers Model 568F Pro- laid before the Senate, together with merce, Science, and Transportation. pellers’’ ((RIN2120–AA64)(Docket No. FAA– EC–1382. A communication from the Pro- 2009–0270)) received in the Office of the Presi- accompanying papers, reports, and doc- gram Analyst, Federal Aviation Administra- dent of the Senate on April 21, 2009; to the uments, and were referred as indicated: tion, Department of Transportation, trans- Committee on Commerce, Science, and EC–1374. A communication from the Sec- mitting, pursuant to law, the report of a rule Transportation. retary of Defense, transmitting a report on entitled ‘‘Airworthiness Directives; General EC–1390. A communication from the Pro- the approved retirement of Lieutenant Gen- Electric Company (GE) CF6–80A Series Tur- gram Analyst, Federal Aviation Administra- eral Karl W. Eikenberry, United States bofan Engines’’ ((RIN2120–AA64) (Docket No. tion, Department of Transportation, trans- Army, and his advancement to the grade of FAA–2008–0827)) received in the Office of the mitting, pursuant to law, the report of a rule lieutenant general on the retired list; to the President of the Senate on April 21, 2009; to entitled ‘‘Standard Instrument Approach Committee on Armed Services. the Committee on Commerce, Science, and Procedures, and Takeoff Minimums and Ob- EC–1375. A communication from the Chief Transportation. stacle Departure Procedures; Miscellaneous of Staff, Media Bureau, Federal Communica- EC–1383. A communication from the Pro- Amendments’’ ((Docket No. tions Commission, transmitting, pursuant to gram Analyst, Federal Aviation Administra- 30658)(Amendment No. 3314)) received in the law, the report of a rule entitled ‘‘Amend- tion, Department of Transportation, trans- Office of the President of the Senate on April ment of Section 73.622(i), Final DTV Table of mitting, pursuant to law, the report of a rule 21, 2009; to the Committee on Commerce, Allotments, Television Broadcast Stations; entitled ‘‘Standard Instrument Approach Science, and Transportation. Columbus, Georgia’’ (MB Docket No. 08–100) Procedures, and Takeoff Minimums and Ob- EC–1391. A communication from the Pro- received in the Office of the President of the stacle Departure Procedures; Miscellaneous gram Analyst, Federal Aviation Administra- Senate on April 21, 2009; to the Committee on Amendments’’ ((Docket No. 30661) (Amend- tion, Department of Transportation, trans- Commerce, Science, and Transportation. ment No. 3317)) received in the Office of the mitting, pursuant to law, the report of a rule EC–1376. A communication from the Chief President of the Senate on April 21, 2009; to entitled ‘‘Standard Instrument Approach of Staff, Media Bureau, Federal Communica- the Committee on Commerce, Science, and Procedures, and Takeoff Minimums and Ob- tions Commission, transmitting, pursuant to Transportation. stacle Departure Procedures; Miscellaneous law, the report of a rule entitled ‘‘Amend- EC–1384. A communication from the Pro- Amendments’’ ((Docket No. ment of Section 73.622(i), Final DTV Table of gram Analyst, Federal Aviation Administra- 30659)(Amendment No. 3315)) received in the Allotments, Television Broadcast Stations; tion, Department of Transportation, trans- Office of the President of the Senate on April Augusta, Georgia’’ (MB Docket No. 08–103) mitting, pursuant to law, the report of a rule 21, 2009; to the Committee on Commerce, received in the Office of the President of the entitled ‘‘Airworthiness Directives; EADS Science, and Transportation. Senate on April 21, 2009; to the Committee on SOCATA Model TBM 700 Airplanes’’ EC–1392. A communication from the Pro- Commerce, Science, and Transportation. ((RIN2120–AA64) (Docket No. FAA–2009–0124)) gram Analyst, Federal Aviation Administra- EC–1377. A communication from the Chief received in the Office of the President of the tion, Department of Transportation, trans- of Staff, Media Bureau, Federal Communica- Senate on April 21, 2009; to the Committee on mitting, pursuant to law, the report of a rule tions Commission, transmitting, pursuant to Commerce, Science, and Transportation. entitled ‘‘Airworthiness Directives; McDon- law, the report of a rule entitled ‘‘Amend- EC–1385. A communication from the Pro- nell Douglas Model MD–90–30 Airplanes’’ ment of Section 73.622(i), Final DTV Table of gram Analyst, Federal Aviation Administra- ((RIN2120–AA64)(Docket No. FAA–2007–0074)) Allotments, Television Broadcast Stations; tion, Department of Transportation, trans- received in the Office of the President of the Des Moines, Iowa’’ (MB Docket No. 09–22) re- mitting, pursuant to law, the report of a rule Senate on April 21, 2009; to the Committee on ceived in the Office of the President of the entitled ‘‘Airworthiness Directives; Commerce, Science, and Transportation. Senate on April 21, 2009; to the Committee on PILATUS AIRCRAFT LTD. Models PC–12 EC–1393. A communication from the Pro- Commerce, Science, and Transportation. and PC–12/45 Airplanes’’ ((RIN2120– gram Analyst, Federal Aviation Administra- EC–1378. A communication from the Regu- AA64)(Docket No. FAA–2009–0126)) received tion, Department of Transportation, trans- latory Ombudsman, Federal Motor Carrier in the Office of the President of the Senate mitting, pursuant to law, the report of a rule Safety Administration, Department of on April 21, 2009; to the Committee on Com- entitled ‘‘Airworthiness Directives; ATR Transportation, transmitting, pursuant to merce, Science, and Transportation. Model ATR72 Airplanes’’ ((RIN2120– law, the report of a rule entitled ‘‘General EC–1386. A communication from the Pro- AA64)(Docket No. FAA–2008–1081)) received Jurisdiction Over Freight Forwarder Serv- gram Analyst, Federal Aviation Administra- in the Office of the President of the Senate ice’’ (RIN2126–AA25) received in the Office of tion, Department of Transportation, trans- on April 21, 2009; to the Committee on Com- the President of the Senate on April 21, 2009; mitting, pursuant to law, the report of a rule merce, Science, and Transportation. to the Committee on Commerce, Science, entitled ‘‘Airworthiness Directives; Bell Hel- EC–1394. A communication from the Pro- and Transportation. icopter Textron Canada Limited Model 206A gram Analyst, Federal Aviation Administra- EC–1379. A communication from the Pro- Series, 206B Series, 206L Series, 407, and 427 tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- Helicopters’’ ((RIN2120–AA64)(Docket No. mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- FAA–2009–0350)) received in the Office of the entitled ‘‘Airworthiness Directives; Air Trac- mitting, pursuant to law, the report of a rule President of the Senate on April 21, 2009; to tor, Inc. Models AT–400, AT–401, AT–401B,

VerDate Mar 15 2010 13:53 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR09\S27AP9.001 S27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10681 AT–402, AT–402A, and AT–402B’’ ((RIN2120– 2008–1324)) received in the Office of the Presi- mitting, pursuant to law, the report of a rule AA64)(Docket No. FAA–2006–23646)) received dent of the Senate on April 21, 2009; to the entitled ‘‘Airworthiness Directives; Pratt & in the Office of the President of the Senate Committee on Commerce, Science, and Whitney (PW) JT9D–7 Series Turbofan’’ on April 21, 2009; to the Committee on Com- Transportation. ((RIN2120–AA64)(Docket No. FAA–2008-0759)) merce, Science, and Transportation. EC–1402. A communication from the Pro- received in the Office of the President of the EC–1395. A communication from the Pro- gram Analyst, Federal Aviation Administra- Senate on April 21, 2009; to the Committee on gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- Commerce, Science, and Transportation. tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule EC–1409. A communication from the Pro- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Bom- gram Analyst, Federal Aviation Administra- entitled ‘‘Establishment of Class E Airspace; bardier Model DHC–8–102, DHC–8–103, DHC–8– tion, Department of Transportation, trans- Ten Sleep, WY’’ ((Docket No. FAA–2008– 106, DHC–8–201, DHC–8–202, DHC–8–301, DHC– mitting, pursuant to law, the report of a rule 1129)(Airspace Docket No. 08–ANM–7)) re- 8–311, and DHC–8–315 Airplanes Equipped entitled ‘‘Airworthiness Directives; Bell Hel- ceived in the Office of the President of the with a Cockpit Door Electronic Strike Sys- icopter Textron Canada Limited Model 206A, Senate on April 21, 2009; to the Committee on tem Installed in Accordance with Supple- 206B, 206L, 206L–1, 206L–3, 206L–4, 222, 222B, Commerce, Science, and Transportation. mental Type Certificate (STC) ST02014NY’’ 222U, 230, 407, 427, and 430 Helicopters’’ EC–1396. A communication from the Pro- ((RIN2120–AA64)(Docket No. FAA–2009–0313)) ((RIN2120–AA64)(Docket No. FAA–2009–0301)) gram Analyst, Federal Aviation Administra- received in the Office of the President of the received in the Office of the President of the tion, Department of Transportation, trans- Senate on April 21, 2009; to the Committee on Senate on April 21, 2009; to the Committee on mitting, pursuant to law, the report of a rule Commerce, Science, and Transportation. Commerce, Science, and Transportation. entitled ‘‘Airworthiness Directives; General EC–1403. A communication from the Pro- EC–1410. A communication from the Pro- Electric Company CF34–1A, –3A, –3A1, –3A2, gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- –3B, and –3B1 Turbofan Engines’’ ((RIN2120– tion, Department of Transportation, trans- tion, Department of Transportation, trans- AA64)(Docket No. FAA–2007–0419)) received mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule in the Office of the President of the Senate entitled ‘‘Airworthiness Directives; Diamond entitled ‘‘Airworthiness Directives; General on April 21, 2009; to the Committee on Com- Aircraft Industries GmbH Model DA 40 and Electric Company CF6–80C2 and CF6–80E1 Se- merce, Science, and Transportation. DA 40F Airplanes’’ ((RIN2120–AA64)(Docket ries Turbofan Engines’’ ((RIN2120– EC–1397. A communication from the Pro- No. FAA–2009–0125)) received in the Office of AA64)(Docket No. FAA–2008–1025)) received gram Analyst, Federal Aviation Administra- the President of the Senate on April 21, 2009; in the Office of the President of the Senate tion, Department of Transportation, trans- to the Committee on Commerce, Science, on April 21, 2009; to the Committee on Com- mitting, pursuant to law, the report of a rule and Transportation. merce, Science, and Transportation. entitled ‘‘Airworthiness Directives; Dornier EC–1404. A communication from the Pro- EC–1411. A communication from the Pro- Luftfahrt GmbH Models Dornier 228–100, gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- Dornier 228–101, Dornier 228–200, Dornier 228– tion, Department of Transportation, trans- tion, Department of Transportation, trans- 201, Dornier 228–202, and Dornier 228–212 Air- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule planes’’ ((RIN2120–AA64)(Docket No. FAA– entitled ‘‘Airworthiness Directives; Honey- entitled ‘‘Airworthiness Directives; McDon- 2009–0123)) received in the Office of the Presi- well Flight Management Systems (FMSs) nell Douglas Model DC–8–50 Series Airplanes; dent of the Senate on April 21, 2009; to the Equipped with Honeywell NZ–2000 Naviga- Model DC–8F–54 and DC–8F–55 Airplanes; Committee on Commerce, Science, and tion Computers and Honeywell IC–800 or IC– Model DC–8–60 Series Airplanes, Model DC–8– Transportation. 800E Integrated Avionics Computers; as In- 60F Series Airplanes; Model DC–8–70 Series EC–1398. A communication from the Pro- stalled on Various Transport Category Air- Airplanes; and Model DC–8–70F Series Air- gram Analyst, Federal Aviation Administra- planes’’ ((RIN2120–AA64)(Docket No. FAA– planes’’ ((RIN2120–AA64)(Docket No. FAA– tion, Department of Transportation, trans- 2008–0899)) received in the Office of the Presi- 2008–1324)) received in the Office of the Presi- mitting, pursuant to law, the report of a rule dent of the Senate on April 21, 2009; to the dent of the Senate on April 21, 2009; to the entitled ‘‘Airworthiness Directives; General Committee on Commerce, Science, and Committee on Commerce, Science, and Electric Company CF6–80A Series Turbofan Transportation. Transportation. Engines ((RIN2120–AA64)(Docket No. FAA– EC–1405. A communication from the Pro- EC–1412. A communication from the Pro- 2008–1206)) received in the Office of the Presi- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- dent of the Senate on April 21, 2009; to the tion, Department of Transportation, trans- tion, Department of Transportation, trans- Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule Transportation. entitled ‘‘Airworthiness Directives; Liberty entitled ‘‘Amendment of Class D and Class E EC–1399. A communication from the Pro- Aerospace Incorporated Model XL–2 Air- Airspace; Conroe, TX’’ ((Docket No. FAA– gram Analyst, Federal Aviation Administra- planes’’ ((RIN2120–AA64)(Docket No. FAA– 2009–0338)(Airspace Docket No. 09–ASW–9)) tion, Department of Transportation, trans- 2009–0329)) received in the Office of the Presi- received in the Office of the President of the mitting, pursuant to law, the report of a rule dent of the Senate on April 21, 2009; to the Senate on April 21, 2009; to the Committee on entitled ‘‘Airworthiness Directives; MD Heli- Committee on Commerce, Science, and Commerce, Science, and Transportation. copters, Inc. Model MD900 (including the Transportation. EC–1413. A communication from the Pro- MD902 Configuration) Helicopters’’ EC–1406. A communication from the Pro- gram Analyst, Federal Aviation Administra- ((RIN2120–AA64)(Docket No. FAA–2008–0772)) gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- received in the Office of the President of the tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule Senate on April 21, 2009; to the Committee on mitting, pursuant to law, the report of a rule entitled ‘‘Establishment of Class E Airspace; Commerce, Science, and Transportation. entitled ‘‘Airworthiness Directives; Boeing Dallas, GA’’ ((Docket No. FAA–2008– EC–1400. A communication from the Pro- Model 737–300, –400, and –500 Series Air- 1084)(Airspace Docket No. 08–ASO–17)) re- gram Analyst, Federal Aviation Administra- planes’’ ((RIN2120–AA64)(Docket No. FAA– ceived in the Office of the President of the tion, Department of Transportation, trans- 2008–0412)) received in the Office of the Presi- Senate on April 21, 2009; to the Committee on mitting, pursuant to law, the report of a rule dent of the Senate on April 21, 2009; to the Commerce, Science, and Transportation. entitled ‘‘Standard Instrument Approach Committee on Commerce, Science, and EC–1414. A communication from the Pro- Procedures, and Takeoff Minimums and Ob- Transportation. gram Analyst, Federal Aviation Administra- stacle Departure Procedures; Miscellaneous EC–1407. A communication from the Pro- tion, Department of Transportation, trans- Amendments’’ ((Docket No. gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule 30660)(Amendment No. 3316)) received in the tion, Department of Transportation, trans- entitled ‘‘Modification of Class D and Class E Office of the President of the Senate on April mitting, pursuant to law, the report of a rule Airspace, Establishment of Class E Airspace; 21, 2009; to the Committee on Commerce, entitled ‘‘Airworthiness Directives; Hawker Binghamton, NY ‘‘ ((Docket No. FAA–2009– Science, and Transportation. Beechcraft Corporation Model BH.125 Series 0202)(Airspace Docket No. 09–AEA–11)) re- EC–1401. A communication from the Pro- 600A Series Airplanes and Model HS.125 Se- ceived in the Office of the President of the gram Analyst, Federal Aviation Administra- ries 700A Airplanes Modified in Accordance Senate on April 21, 2009; to the Committee on tion, Department of Transportation, trans- With Supplemental Type Certificate (STC) Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule SA2271SW’’ ((RIN2120–AA64)(Docket No. EC–1415. A communication from the Pro- entitled ‘‘Airworthiness Directives; McDon- FAA–2008–1240)) received in the Office of the gram Analyst, Federal Aviation Administra- nell Douglas Model DC–8–50 Series Airplanes; President of the Senate on April 21, 2009; to tion, Department of Transportation, trans- Model DC–8F–54 and DC–8F–55 Airplanes; the Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule Model DC–8–60 Series Airplanes; Model DC–8– Transportation. entitled ‘‘Amendment of Class E Airspace; 60F Series Airplanes; Model DC–8–70 Series EC–1408. A communication from the Pro- Battle Creek, MI’’ ((Docket No. FAA–2008– Airplanes; and Model DC–8–70F Series Air- gram Analyst, Federal Aviation Administra- 1290)(Airspace Docket No. 08–AGL–19)) re- planes’’ ((RIN2120–AA64)(Docket No. FAA– tion, Department of Transportation, trans- ceived in the Office of the President of the

VerDate Mar 15 2010 13:53 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR09\S27AP9.001 S27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10682 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 27, 2009 Senate on April 21, 2009; to the Committee on Chief Acquisition Officer, General Services this vessel considerably more fire resistant; Commerce, Science, and Transportation. Administration, Department of Defense, and and EC–1416. A communication from the Pro- National Aeronautics and Space Administra- Whereas, the Delta Queen has historically gram Analyst, Federal Aviation Administra- tion, transmitting, pursuant to law, the re- been exempted from Public Law 89–777; and tion, Department of Transportation, trans- port of a rule entitled ‘‘Federal Acquisition Whereas, the Delta Queen’s safety records mitting, pursuant to law, the report of a rule Regulation; Federal Acquisition Circular do not indicate that she is any less safe entitled ‘‘Amendment of Class E Airspace; 2005–32; Technical Amendments’’ (Docket today than at any point since the passage of Omaha, NE’’ ((Docket No. FAA–2008– 2009–0003) as received during adjournment of the Act in 1966; and 1228)(Airspace Docket No. 08–ACE–3)) re- the Senate in the Office of the President of Whereas, the current exemption for the ceived in the Office of the President of the the Senate on April 17, 2009; to the Com- Delta Queen is to expire in 2008, and the Senate on April 21, 2009; to the Committee on mittee on Homeland Security and Govern- United States Congress has not acted to Commerce, Science, and Transportation. mental Affairs. grant another exemption for the Delta Queen EC–1417. A communication from the Pro- EC–1424. A communication from the Direc- to allow her to continue operating; Now, gram Analyst, Federal Aviation Administra- tor of Legislative Affairs, Office of the Direc- therefore, be it tion, Department of Transportation, trans- tor of National Intelligence, transmitting, Resolved by the House of Representatives of mitting, pursuant to law, the report of a rule pursuant to law, the report of a nomination the General Assembly of the Commonwealth of entitled ‘‘Amendment of Class E Airspace; in the position of Associate Director of Na- Kentucky: Summersville, WV; Confirmation of Effec- tional Intelligence and Chief Information Of- Section 1. The House of Representatives of tive Date’’ ((Docket No. FAA–2008– ficer, received in the Office of the President the Commonwealth of Kentucky hereby 1073)(Airspace Docket No. 08–AEA–28)) re- of the Senate on April 22, 2009; to the Select urges the United States Congress to act ceived in the Office of the President of the Committee on Intelligence. swiftly to continue the exemption of the Senate on April 21, 2009; to the Committee on EC–1425. A communication from the Sec- Delta Queen from Public Law 89–777. Commerce, Science, and Transportation. retary, Judicial Conference of the United Section 2. The Clerk of the House of Rep- EC–1418. A communication from the Pro- States, transmitting, pursuant to law, a re- resentatives shall forward a copy of this Res- gram Analyst, Federal Aviation Administra- port entitled ‘‘Report on the Adequacy of olution to the Clerk of the United States tion, Department of Transportation, trans- Privacy Rules Prescribed Under the E-Gov- Senate, the clerk of the United States House mitting, pursuant to law, the report of a rule ernment Act of 2002’’; to the Committee on of Representatives, and all of the members of entitled ‘‘Amendment of Class D and Class E the Judiciary. Kentucky’s Congressional Delegation. Airspace; Corpus Christi NAS/Truax Field, f TX’’ ((Docket No. FAA–2008–1140)(Airspace POM–19. A resolution adopted by the St. Docket No. 08–ASW–24)) received in the Of- PETITIONS AND MEMORIALS Charles County Council of the State of Mis- fice of the President of the Senate on April The following petitions and memo- souri supporting the Missouri House Concur- 21, 2009; to the Committee on Commerce, rent Resolution 13 relating to state sov- rials were laid before the Senate and ereignty; to the Committee on the Judiciary. Science, and Transportation. were referred or ordered to lie on the EC–1419. A communication from the Pro- RESOLUTION NO. 09–03 table as indicated: gram Analyst, Federal Aviation Administra- Whereas, House Concurrent Resolution 13 tion, Department of Transportation, trans- POM–18. A resolution adopted by the House (hereinafter ‘‘HCR13’’), introduced at the mitting, pursuant to law, the report of a rule of Representatives of the State of Kentucky Ninety-fifth General Assembly, First Reg- entitled ‘‘Amendment of Class E Airspace; urging the United States Congress to act ular Session the Missouri House of Rep- Natchitoches, LA’’ ((Docket No. FAA–2008– swiftly to renew the exemption of the Delta resentatives, is on the House Concurrent 1229)(Airspace Docket No. 08–ASW–26)) re- Queen from Public Law 89–777; to the Com- Resolutions calendar; and ceived in the Office of the President of the mittee on Energy and Natural Resources. Whereas, HCR 13 calls on the federal gov- Senate on April 21, 2009; to the Committee on RESOLUTION ernment to heed the Tenth Amendment to Commerce, Science, and Transportation. Whereas, the Delta Queen is an integral the Constitution of the United States which EC–1420. A communication from the Attor- part of the culture and character of the Ohio states, ‘‘The powers not delegated to the ney of the Office of Assistant General Coun- River valley; and United States by the Constitution, nor pro- sel for Legislation and Regulatory Law, Of- Whereas, the Delta Queen has made a last- hibited by it to the States, are reserved to fice of Health, Safety and Security, Depart- ing impression as a beloved part of the past the States respectively, or to the people.’’; ment of Energy, transmitting, pursuant to in the hearts of passengers and crew mem- and law, the report of a rule entitled ‘‘Occupa- bers; and Whereas, the Tenth Amendment defines tional Radiation Protection; Correction’’ Whereas, the Delta Queen is a part of the the total scope of federal power as being that (RIN1901–AA95) received in the Office of the National Register of Historic Places, a Na- specifically granted by the Constitution of President of the Senate on April 21, 2009; to tional Historic Landmark, and a jewel of the the United States; and the Committee on Energy and Natural Re- United States’ inland navigable water sys- Whereas, powers not specifically granted sources. tem; and to the federal government or prohibited to EC–1421. A communication from the Dep- Whereas, the Delta Queen is the last of its the states by the constitution are reserved in uty Director, Office of Regulations, Social kind, a sternwheel overnight passenger the Tenth Amendment to the states or to the Security Administration, transmitting, pur- steamboat like those that contributed to people; and suant to law, the report of a rule entitled this nation’s westward expansion; and Whereas, the states are concerned that ‘‘Testimony by Employees and the Produc- Whereas, the Delta Queen has been and over the course of time the federal govern- tion of Records and Information in Legal continues to be a safe and reliable vessel; ment has developed an increasing policy to Proceedings, Claims Against the Govern- and enact laws and regulations which treat the ment Under the Federal Tort Claims Act, Whereas, the Delta Queen was constructed states as agents of the federal government in and Claims Under the Military Personnel in 1926 to operate as a passenger vessel in violation of the intent of the Tenth Amend- and Civilian Employees’ Claim Act of 1964; northern California, and during World War II ment; and Change of Address for Requests’’ (RIN0960– was used in the United States Navy as a Whereas, evidence of the federal entry into AG99) received in the Office of the President ferry for wounded being treated in San Fran- powers reserved to the states is evident in of the Senate on April 21, 2009; to the Com- cisco; and federal legislation that directs states to mittee on Finance. Whereas, after being purchased in 1946 by comply with federal mandates under threat EC–1422. A communication from the Acting Greene Line Steamers of Cincinnati, Ohio, of civil or criminal penalties or of loss of Senior Procurement Executive, Office of the the Delta Queen was carried from California, necessary federal funding; and Chief Acquisition Officer, General Services to and along the Mississippi and Ohio Rivers, Whereas, in New York v. United States, 112 Administration, Department of Defense, and to Pittsburgh, Pennsylvania for refurbish- S.Ct. 2408, 2431 (1992) the United States Su- National Aeronautics and Space Administra- ment in order to carry passengers on the na- preme Court ruled the Constitution protects tion, transmitting, pursuant to law, the re- tion’s inland navigable water system; and the sovereignty of the states not for the port of a rule entitled ‘‘Federal Acquisition Whereas, Public Law 89–777 mandates that states as abstract entities or for the public Regulation; Federal Acquisition Circular all passenger vessels having berth or state- officials in charge of them, but for the pro- 2005–29’’ (RIN9000–AK91) as received during room accommodations for 50 or more pas- tection of individuals so that the risk of tyr- adjournment of the Senate in the Office of sengers obey safety requirements, particu- anny or abuse from either the federal or the President of the Senate on April 17, 2009; larly fire safety requirements; and state government is reduced by a healthy to the Committee on Homeland Security and Whereas, after this act was passed, the balance of power between the federal and Governmental Affairs. wooden construct of the Delta Queen was state government; and EC–1423. A communication from the Acting treated with fire resistant materials and a Whereas, the Missouri House has before it Senior Procurement Executive, Office of the modern sprinkler system, thereby making House Concurrent Resolution 13 (HCR 13)

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calling on the federal government to cease By Mrs. GILLIBRAND: York (Mrs. GILLIBRAND) were added as and desist from mandates beyond the scope S. Res. 114. A resolution expressing support cosponsors of S. 414, a bill to amend the of federal powers as enumerated in the con- for designation of April 27, 2009, as ‘‘National Consumer Credit Protection Act, to stitution; and Healthy Schools Day’’; to the Committee on ban abusive credit practices, enhance Whereas, HCR 13 calls upon the federal Health, Education, Labor, and Pensions. government to cease passing compulsory fed- consumer disclosures, protect underage f eral legislation directing the states to com- consumers, and for other purposes. ply or lose funding or face penalties and to ADDITIONAL COSPONSORS S. 423 repeal such laws already enacted; and At the request of Mr. AKAKA, the Whereas, the St. Charles County Council, S. 46 for the reasons set forth above, concurs with At the request of Mr. ENSIGN, the name of the Senator from Utah (Mr. HCR 13: Now, therefore, be it name of the Senator from Ohio (Mr. BENNETT) was added as a cosponsor of Resolved by the County Council of St. Charles BROWN) was added as a cosponsor of S. S. 423, a bill to amend title 38, United County, Missouri, as follows: 46, a bill to amend title XVIII of the States Code, to authorize advance ap- Section 1. The St. Charles County Council propriations for certain medical care hereby enacts this Resolution to offer its Social Security Act to repeal the Medi- support in favor of passage of House Concur- care outpatient rehabilitation therapy accounts of the Department of Vet- rent Resolution 13. caps. erans Affairs by providing two-fiscal Section 2. A copy of this resolution shall year budget authority, and for other S. 182 be forwarded to the respective Clerks of the purposes. At the request of Mr. UDALL of New Missouri Senate and the House of Represent- S. 427 atives. Mexico, his name was added as a co- At the request of Mrs. LINCOLN, the f sponsor of S. 182, a bill to amend the Fair Labor Standards Act of 1938 to name of the Senator from Nebraska EXECUTIVE REPORTS OF provide more effective remedies to vic- (Mr. JOHANNS) was added as a cospon- COMMITTEES tims of discrimination in the payment sor of S. 427, a bill to amend title XVI The following executive reports of of wages on the basis of sex, and for of the Social Security Act to clarify nominations were submitted: other purposes. that the value of certain funeral and burial arrangements are not to be con- By Mr. LIEBERMAN for the Committee on S. 211 Homeland Security and Governmental Af- sidered available resources under the At the request of Mrs. MURRAY, the fairs. supplemental security income pro- *John Morton, of Virginia, to be an Assist- name of the Senator from North Caro- gram. ant Secretary of Homeland Security. lina (Mrs. HAGAN) was added as a co- S. 433 *William Craig Fugate, of Florida, to be sponsor of S. 211, a bill to facilitate na- At the request of Mr. UDALL of New Administrator of the Federal Emergency tionwide availability of 2–1–1 telephone Mexico, the names of the Senator from Management Agency, Department of Home- service for information and referral on land Security. New Jersey (Mr. MENENDEZ) and the human services and volunteer services, Senator from Vermont (Mr. SANDERS) *Nomination was reported with rec- and for other purposes. ommendation that it be confirmed sub- were added as cosponsors of S. 433, a S. 229 ject to the nominee’s commitment to bill to amend the Public Utility Regu- respond to requests to appear and tes- At the request of Mrs. BOXER, the latory Policies Act of 1978 to establish tify before any duly constituted com- name of the Senator from Maryland a renewable electricity standard, and mittee of the Senate. (Ms. MIKULSKI) was added as a cospon- for other purposes. sor of S. 229, a bill to empower women S. 454 f in Afghanistan, and for other purposes. At the request of Mr. LEVIN, the INTRODUCTION OF BILLS AND S. 235 JOINT RESOLUTIONS name of the Senator from Maine (Ms. At the request of Mr. SCHUMER, the COLLINS) was added as a cosponsor of S. The following bills and joint resolu- name of the Senator from New York 454, a bill to improve the organization tions were introduced, read the first (Mrs. GILLIBRAND) was added as a co- and procedures of the Department of and second times by unanimous con- sponsor of S. 235, a bill to amend the Defense for the acquisition of major sent, and referred as indicated: Truth in Lending Act to establish fair weapon systems, and for other pur- By Ms. SNOWE (for herself and Ms. and transparent practices relating to poses. COLLINS): the extension of credit under an open S. 461 S. 899. A bill to establish an assistance pro- end consumer credit plan, and for other gram for the construction of digital TV At the request of Mrs. LINCOLN, the translators to fill coverage gaps that are cre- purposes. names of the Senator from Arkansas ated from the transition from analog to dig- S. 386 (Mr. PRYOR), the Senator from Mis- ital signals; to the Committee on Commerce, At the request of Mr. LEAHY, the sissippi (Mr. WICKER) and the Senator Science, and Transportation. names of the Senator from Illinois (Mr. from Oregon (Mr. WYDEN) were added By Mr. WYDEN: BURRIS), the Senator from New York S. 900. A bill to require the establishment as cosponsors of S. 461, a bill to amend of a credit card safety star rating system for (Mrs. GILLIBRAND), the Senator from the Internal Revenue Code of 1986 to the benefit of consumers, and for other pur- Maryland (Ms. MIKULSKI), the Senator extend and modify the railroad track poses; to the Committee on Banking, Hous- from Alaska (Mr. BEGICH), the Senator maintenance credit. ing, and Urban Affairs. from Connecticut (Mr. DODD), the Sen- S. 468 By Mr. MERKLEY (for himself and Mr. ator from New Jersey (Mr. MENENDEZ), At the request of Ms. STABENOW, the WYDEN): the Senator from Maryland (Mr. S. 901. A bill to establish the Oregon Task name of the Senator from Washington Force on Sustainable Revenue for Counties, CARDIN), the Senator from Arkansas (Mrs. MURRAY) was added as a cospon- and for other purposes; to the Committee on (Mr. PRYOR) and the Senator from Ne- sor of S. 468, a bill to amend title XVIII Energy and Natural Resources. vada (Mr. REID) were added as cospon- of the Social Security Act to improve By Mr. KERRY (for himself, Ms. MUR- sors of S. 386, a bill to improve enforce- access to emergency medical services KOWSKI, and Mr. INOUYE): ment of mortgage fraud, securities and the quality and efficiency of care S. 902. A bill to provide grants to establish fraud, financial institution fraud, and furnished in emergency departments of veteran’s treatment courts; to the Com- other frauds related to federal assist- mittee on the Judiciary. hospitals and critical access hospitals ance and relief programs, for the recov- by establishing a bipartisan commis- f ery of funds lost to these frauds, and sion to examine factors that affect the SUBMISSION OF CONCURRENT AND for other purposes. effective delivery of such services, by SENATE RESOLUTIONS S. 414 providing for additional payments for The following concurrent resolutions At the request of Mr. DODD, the certain physician services furnished in and Senate resolutions were read, and names of the Senator from Alaska (Mr. such emergency departments, and by referred (or acted upon), as indicated: BEGICH) and the Senator from New establishing a Centers for Medicare &

VerDate Mar 15 2010 13:53 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR09\S27AP9.001 S27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10684 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 27, 2009 Medicaid Services Working Group, and the Women Airforce Service Pilots S. 787 for other purposes. (‘‘WASP’’). At the request of Mr. FEINGOLD, the S. 475 S. 634 name of the Senator from Delaware At the request of Mr. BURR, the At the request of Mr. HARKIN, the (Mr. KAUFMAN) was added as a cospon- names of the Senator from Utah (Mr. names of the Senator from Maine (Ms. sor of S. 787, a bill to amend the Fed- HATCH) and the Senator from Maine COLLINS) and the Senator from Mis- eral Water Pollution Control Act to (Ms. SNOWE) were added as cosponsors sissippi (Mr. WICKER) were added as co- clarify the jurisdiction of the United of S. 475, a bill to amend the sponsors of S. 634, a bill to amend the States over waters of the United Servicemembers Civil Relief Act to Elementary and Secondary Education States. guarantee the equity of spouses of mili- Act of 1965 to improve standards for S. 797 tary personnel with regard to matters physical education. At the request of Mr. DORGAN, the of residency, and for other purposes. S. 693 name of the Senator from Oregon (Mr. S. 476 At the request of Mr. HARKIN, the MERKLEY) was added as a cosponsor of At the request of Mrs. BOXER, the name of the Senator from North Caro- S. 797, a bill to amend the Indian Law name of the Senator from Alaska (Ms. lina (Mrs. HAGAN) was added as a co- Enforcement Reform Act, the Indian MURKOWSKI) was added as a cosponsor sponsor of S. 693, a bill to amend the Tribal Justice Act, the Indian Tribal of S. 476, a bill to amend title 10, Public Health Service Act to provide Justice Technical and Legal Assistance United States Code, to reduce the min- grants for the training of graduate Act of 2000, and the Omnibus Crime imum distance of travel necessary for medical residents in preventive medi- Control and Safe Streets Act of 1968 to reimbursement of covered beneficiaries cine. improve the prosecution of, and re- sponse to, crimes in Indian country, of the military health care system for S. 700 and for other purposes. travel for specialty health care. At the request of Mr. BINGAMAN, the S. 482 names of the Senator from California S. RES. 11 At the request of Mr. FEINGOLD, the (Mrs. BOXER) and the Senator from At the request of Mr. REID, the name name of the Senator from Minnesota Vermont (Mr. SANDERS) were added as of the Senator from Arizona (Mr. (Ms. KLOBUCHAR) was added as a co- cosponsors of S. 700, a bill to amend MCCAIN) was added as a cosponsor of S. sponsor of S. 482, a bill to require Sen- title II of the Social Security Act to Res. 11, a resolution to authorize pro- ate candidates to file designations, phase out the 24-month waiting period duction of documents to the Depart- statements, and reports in electronic for disabled individuals to become eli- ment of Defense Inspector General. form. gible for Medicare benefits, to elimi- S. RES. 89 S. 487 nate the waiting period for individuals At the request of Mr. BAYH, his name At the request of Mr. HARKIN, the with life-threatening conditions, and was added as a cosponsor of S. Res. 89, name of the Senator from California for other purposes. a resolution expressing support for des- (Mrs. BOXER) was added as a cosponsor S. 701 ignation of a ‘‘Welcome Home Vietnam of S. 487, a bill to amend the Public At the request of Mr. KERRY, the Veterans Day’’. Health Service Act to provide for name of the Senator from Oregon (Mr. f human embryonic stem cell research. MERKLEY) was added as a cosponsor of STATEMENTS ON INTRODUCED S. 491 S. 701, a bill to amend title XVIII of the BILLS AND JOINT RESOLUTIONS At the request of Mr. WEBB, the name Social Security Act to improve access of the Senator from North Dakota (Mr. of Medicare beneficiaries to intra- By Ms. SNOWE (for herself and DORGAN) was added as a cosponsor of S. venous immune globulins (IVIG). Ms. COLLINS): S. 899. A bill to establish an assist- 491, a bill to amend the Internal Rev- S. 738 enue Code of 1986 to allow Federal ci- ance program for the construction of At the request of Ms. LANDRIEU, the digital TV translators to fill coverage vilian and military retirees to pay name of the Senator from Kentucky health insurance premiums on a pretax gaps that are created from the transi- (Mr. BUNNING) was added as a cosponsor tion from analog to digital signals; to basis and to allow a deduction for of S. 738, a bill to amend the Consumer TRICARE supplemental premiums. the Committee on Commerce, Science, Credit Protection Act to assure mean- and Transportation. S. 500 ingful disclosures of the terms of rent- Ms. SNOWE. Mr. President, on June At the request of Mr. DURBIN, the al-purchase agreements, including dis- 12, television broadcasters will finally name of the Senator from California closures of all costs to consumers transition from analog TV signals to (Mrs. BOXER) was added as a cosponsor under such agreements, to provide cer- an all-digital system and in doing so of S. 500, a bill to amend the Truth in tain substantive rights to consumers begin a new chapter of innovation. In Lending Act to establish a national under such agreements, and for other addition to providing higher quality usury rate for consumer credit trans- purposes. video and sound, the DTV Transition actions. S. 775 will allow broadcasters to offer new S. 559 At the request of Mr. VOINOVICH, the services such as interactive TV and At the request of Mr. WYDEN, the names of the Senator from New Hamp- content multicasting. name of the Senator from Alabama shire (Mrs. SHAHEEN) and the Senator The benefits consumers will reap will (Mr. SHELBY) was added as a cosponsor from Idaho (Mr. RISCH) were added as be significant so we must make sure of S. 559, a bill to provide benefits cosponsors of S. 775, a bill to amend that they are clearly aware of this under the Post-Deployment/Mobiliza- title 10, United States Code, to author- transition and the steps necessary to tion Respite Absence program for cer- ize the availability of appropriated be prepared. Delaying the switchover tain periods before the implementation funds for international partnership till June has afforded us the oppor- of the program. contact activities conducted by the Na- tunity to improve these efforts. How- S. 614 tional Guard, and for other purposes. ever, there are several geographic areas At the request of Mrs. HUTCHISON, the S. 781 across this nation that will be plagued names of the Senator from Kansas (Mr. At the request of Mr. ROBERTS, the by a particular problem that isn’t a re- ROBERTS), the Senator from North Da- name of the Senator from New Jersey sult of lack of consumer awareness or kota (Mr. CONRAD), the Senator from (Mr. MENENDEZ) was added as a cospon- availability of converter boxes but be- Montana (Mr. TESTER) and the Senator sor of S. 781, a bill to amend the Inter- cause they will receive a weak digital from New Jersey (Mr. MENENDEZ) were nal Revenue Code of 1986 to provide for signal or no signal at all. added as cosponsors of S. 614, a bill to collegiate housing and infrastructure The DTV ‘‘cliff effect’’ occurs when award a Congressional Gold Medal to grants. the broadcast signal is so weak that all

VerDate Mar 15 2010 13:53 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR09\S27AP9.001 S27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10685 that appears on a viewer’s TV is a June is as seamless and undisruptive as bill creates a safety rating system for blank screen. Unlike an analog broad- possible for all Americans. That is why credit cards, like the five-star crash cast, where a weak signal means a I hope my colleagues will join Senator rating system for new cars. The rating viewer would receive a grainy or snowy COLLINS and me in supporting this leg- system for cars helps people under- picture, a weak digital broadcast would islation. stand how their car will protect them mean no picture at all—you either get in a crash; my bill will help people un- it or you don’t. By Mr. WYDEN: derstand if they can expect their card The DTV cliff effect occurs because S. 900. A bill to require the establish- issuer to treat them fairly or kick of the different propagation character- ment of a credit card safety star rating them when they are down. Five-star istics that the new digital broadcast system for the benefit of consumers, cards would be the safest while one- signals have compared to traditional and for other purposes; to the Com- star cards would be the least safe. analog signals. The terrain, distance mittee on Banking, Housing, and Cards are rewarded for terms that are from the broadcast tower, and the sen- Urban Affairs. consumer friendly and get knocked for sitivity of existing antennas, and even Mr. WYDEN. Mr. President, as the the tricky terms that tend to get con- the weather all play a part in the credit crisis has gripped the nation, sumers in trouble. strength of a broadcast signal and con- more and more families are relying on For example, card issuers that can tribute to the cliff effect. their credit cards to help them weather change the terms at any time for any Recently, a market-research firm es- the storm. Unfortunately, as more reason or those that make consumers timated that more than 9 million folks use their credit cards, many more go into default based on credit ratings households could experience some dig- consumers are falling victim to the in- or other accounts would automatically ital TV reception problems. In addi- dustry’s abusive practices. receive a one-star rating. tion, many households in Wilmington, I am pleased that my colleagues in However, card issuers that innovate North Carolina, which participated in a both the Senate and House are working new ways to make their agreements DTV Transition trial run last fall, and hard to swiftly fix some of the most more consumer friendly could get about a thousand homes in Hawaii, egregious existing practices. Like points to out-compete others in the in- which transitioned early, experienced many of my colleagues, I agree that dustry. For example, credit cards that reception and cliff effect problems, so some of the credit card industry’s prac- give 90 days notice before the issuer in- this is a very real threat that will dis- tices are unconscionable. For example tends to change terms, with the option rupt a significant number of house- some provisions today allow issuers to for consumers to opt out, would get a holds. raise the interest on a consumer to as- point. That is why I rise today with my col- tronomical rates just because of a drop Under my system, card issuers would league Senator COLLINS to introduce in their credit score or a missed pay- have to display the ratings on all their legislation to directly address this ment on another, unrelated credit card. marketing materials, billing state- problem by creating an assistance pro- That’s like having your home mort- ments, agreement materials and on the gram for the construction of new dig- gage go into default because you back of the card itself. Consumers ital translators to fill the gaps in the missed a payment on your car loan. It would also be able to see the ratings digital coverage of full-power stations. is not fair and it’s predatory. for their card and how their card got Specifically, the bill would provide $125 Clearly, competition in the credit that rating on a stand-alone Federal million in reimbursements for the con- card industry is not working for con- Reserve website. struction of digital repeater or trans- sumers. Card issuers are not competing The Federal Reserve will be respon- lator towers, which run approximately on the merits of their cards because sible for updating the star system and $80,000 to $100,000 each to build. These consumers are still not able to make making sure that if new terms or prac- repeaters are essential in filling the good comparisons on the overall cost of tices come to market, those terms or dead zones that will result from the using their products. Consumers tend practices are assigned an appropriate switchover. to focus on the interest rate and an- rating. The FCC recently released a report nual fees, not realizing that many of Additionally, my legislation creates estimating that ‘‘approximately 18 per- the little disclosures hidden in the a Credit Card Safety Star Advisory cent of stations—319—are predicted to legalese of their contracts can make Commission which would study the ef- lose coverage of 2 percent or more of the real cost of credit significantly fectiveness of the star rating system. the existing population they reached higher. The Commission would also implement with their analog signals.’’ One of the Some practices are truly abusive and a study that would examine whether it recommendations the Commission sug- it may be best for Congress to elimi- would be better to eliminate certain gested to alleviate this problem was for nate those. However, while eliminating unfair practices rather than simply affected stations to build translators. these practices would help protect giving them a rating under my system. The FCC also provided a partial rem- some of the most vulnerable con- My bill is designed to work in tan- edy in releasing a Notice of Proposed sumers, it would not solve the under- dem with the other legislation that has Rulemaking that would allow stations lying systematic problem. For each already been introduced. While the to install digital translators imme- abusive practice that Congress elimi- Credit Card Safety Star Act will not diately under Special Temporary Au- nates, another will pop up. That is why ban any particular practices, it is de- thority. However, in this poor eco- there must be a way to arm consumers signed to update if certain practices nomic climate many broadcasters do with the information they need before are banned. not have the resources to construct they sign up for a credit card in order While my legislation is not a silver these expensive towers. to reject such unfair practices. bullet to solve all the problems in the This legislation supplies some of the With the financial future of so many credit card industry, it can provide a funding necessary to meet the chal- Americans now dependent upon the way forward that will arm consumers lenges posed by this significant prob- unreadable jargon in credit card docu- with usable information about the lem. It also should be noted that these ments, consumers need to understand tricky terms in these agreements. towers can be used to co-locate wire- what they are getting into. I believe it is time to put the free less broadband facilities or other ad- That is why I am introducing the market to the test and see whether we vanced communications services, Credit Card Safety Star Act of 2009. can help consumers make better which means an easier expansion of Last Congress, I introduced this legis- choices while also encouraging issuers broadband in many areas that cur- lation with then-Senator Obama be- to abandon some of these abusive prac- rently are without. cause we both agreed that consumers tices and compete for consumers’ busi- Fully addressing the DTV cliff effect need a simple way to cut through the ness by offering them fair terms they problem will ensure the transition in unreadable jargon in agreements. My can understand.

VerDate Mar 15 2010 13:53 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR09\S27AP9.001 S27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10686 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 27, 2009 Mr. President, I ask unanimous con- ‘‘(2) FIVE-STAR RATING.—The highest level ‘‘(g) NEGATIVE POINTS.—One point shall be sent that the text of the bill be printed of safety in an open end credit plan shall be subtracted for each of the terms in an agree- in the RECORD. indicated by a 5-star rating. ment under which— There being no objection, the text of ‘‘(e) POINT STRUCTURE FOR SAFETY STAR ‘‘(1) binding or nonbinding arbitration is SYSTEM.— the bill was ordered to be printed in required to resolve disputes; ‘‘(1) VALUES.—Each variation of a term in ‘‘(2) fewer than 30 days notice before the the RECORD, as follows: an agreement shall be worth 1 point or –1 billing statement for which changes in terms S. 900 point, as applicable. take effect are provided to the cardholder Be it enacted by the Senate and House of Rep- ‘‘(2) STAR SYSTEM.—For purposes of the when the card issuer wants to change the resentatives of the United States of America in Safety Star System— terms of the card agreement (which shall be Congress assembled, ‘‘(A) 5-star credit cards are those with assumed if notice of such changes is undis- SECTION 1. SHORT TITLE. points totaling 7 points or greater; closed in the agreement materials); This Act may be cited as the ‘‘Credit Card ‘‘(B) 4-star credit cards are those with be- ‘‘(3) junk mailer disclosures are used to in- Safety Star Act of 2009’’. tween 3 points and 6 points; form cardholders of changes in their agree- ‘‘(C) 3-star credit cards are those with be- SEC. 2. FINDINGS. ments; Congress finds that— tween –1 point and 2 points; ‘‘(4) over-the-limit fees are imposed more ‘‘(D) 2-star credit cards are those with be- (1) competition in the credit card market than once based on the same transaction; tween –6 points and –2 points; and is severely hindered by a lack of trans- ‘‘(5) fees are imposed to pay bills by check, ‘‘(E) 1-star credit cards are those with –7 parency, which results in inefficient con- over the Internet, or by an automated phone points or fewer. sumer choices; system; ‘‘(f) POINT AWARDS.—One point shall be ‘‘(6) interest is accrued on new purchases (2) such lack of transparency is largely due awarded for each of the terms in an agree- between the end of the billing cycle and the to confusing terms and overwhelming infor- ment under which— due date when a balance is outstanding; mation for consumers; ‘‘(1) no binding or nonbinding arbitration ‘‘(7) the terms of the agreement are dis- (3) the marketplace has not increased com- clause applies; closed in a form that requires a reading level petition based on the merits of credit cards; ‘‘(2) at least 90 days notice is provided to that is above a 12th grade reading level; (4) a Government rating system that would the cardholder if the card issuer wants to ‘‘(8) any secondary disclosure materials use market forces by encouraging better change the terms of the agreement, with the transparency would increase such competi- option for the consumer to opt out of the meant to supplement the terms of the agree- tion and assist consumers in making better changes, while paying off their previous bal- ment are written in a form that requires a credit card choices; and ance according to the original terms; reading level above the 12th grade reading (5) such a rating system would not pre- ‘‘(3) changes are disclosed in a manner that level; clude additional regulation or legislation highlights the differences between the cur- ‘‘(9) a late fee may be imposed within 2 that may eliminate certain practices consid- rent terms and the proposed terms; days of the payment due date; ered unfair or abusive. ‘‘(4) the original card agreement and all ‘‘(10) the issuer may unilaterally change SEC. 3. TRUTH IN LENDING ACT AMENDMENTS. original supplementary materials are in 1 the terms in the agreement without written The Truth in Lending Act (15 U.S.C. 1601 et document at 1 time, and, when the card consent from the consumer, or the issuer seq.) is amended by inserting after section issuer discloses changes to the card agree- may unilaterally make adverse changes to 127A the following new section: ment— the terms in the agreement without written ‘‘SEC. 127B. CREDIT CARD SAFETY STAR RATING ‘‘(A) those materials are not in junk mail consent from the consumer and written no- SYSTEM. form; and tice to the consumer of the precise behavior ‘‘(a) DEFINITIONS.—In this section— ‘‘(B) the changes are disclosed conspicu- that provoked the adverse change; ‘‘(1) the term ‘agreement’ means the terms ously, together with the next billing cycle ‘‘(11) the issuer charges interest on trans- and conditions applicable to an open end statement, before the changes becomes effec- action fees, including late fees; or credit plan offered by an issuer of credit; tive; ‘‘(12) there would be a negative financial ‘‘(2) references to a reading grade level ‘‘(5) no over-the-limit fees are imposed for impact on the interests of the consumer, as shall be as determined by the Board, using the transactions approved at the time of determined by the Board in accordance with available measurements for assessing such transaction by the card issuer; subsection (h). reading levels, including those used by the ‘‘(6) no fees are imposed to pay credit card ‘‘(h) BOARD CONSIDERATIONS.—For purposes Department of Education; bills using any method, including over the of subsections (f)(15) and (g)(16), the Board ‘‘(3) the term ‘Safety Star System’ means phone; may consider— the credit card safety star rating system es- ‘‘(7) payments are applied to the highest ‘‘(1) the level of difficulty in understanding tablished under this section; and interest rate principal first; terms of the subject agreement by an aver- ‘‘(4) the term ‘junk mail’ means a form of ‘‘(8) interest is not accrued on new pur- age consumer; disclosure that does not inform the con- chases between the end of the billing cycle ‘‘(2) how such terms will affect consumers sumer in a meaningful and significant way and the due date when a balance is out- who are close to the edge of their credit lim- about changes in the contract, including standing; its; small type, using separate pieces of paper for ‘‘(9) security deposits and fees for credit ‘‘(3) how such terms will affect consumers separate disclosures, and mixing disclosure availability (such as account opening fees or who do not have a good credit score, history, materials with product advertisements. membership fees)— or rating, using commonly employed credit ‘‘(b) RULEMAKING.— ‘‘(A) are limited to 10 percent of the initial measurement methods (if it creates greater ‘‘(1) IN GENERAL.—Not later than 12 months credit limit during the first 12 months; and access to credit by reducing safety, or by after the date of enactment of this section, ‘‘(B) at account opening, are limited to 5 other means); the Board shall issue final rules to imple- percent of the initial credit limit, and re- ‘‘(4) whether such terms create what would ment the Safety Star System established quires any additional amounts (up to 10 per- appear to a reasonable consumer to be an ar- under this section, to allow consumers to cent) to be spread evenly over at least the bitrary deadline or limit that may frustrate quickly and easily compare the levels of next 5 billing cycles; consumers and result in excess fees or worse safety associated with various open end cred- ‘‘(10) the terms of the agreement are dis- financial outcomes for the consumer; it plan agreements. closed in a form that requires at or below an ‘‘(5) whether such terms, or the severity of ‘‘(2) CONSULTATION.—The Board shall con- 8th grade reading level; such terms, is not based on the credit risks sult with the Comptroller of the Currency, ‘‘(11) any secondary disclosure materials created by a particular consumer behavior, the Office of Thrift Supervision, and the Fed- meant to supplement the terms of the agree- but rather is designed to solely increase rev- eral Deposit Insurance Corporation in ment are disclosed in a form that requires at enue through lack of transparency; issuing rules to implement the Safety Star or below an 8th grade reading level; ‘‘(6) whether any State has sought to limit System. ‘‘(12) no late fee may be imposed when a such terms or terms that are similar thereto; ‘‘(c) ELEMENTS OF SAFETY STAR SYSTEM.— payment is received, whether processed by ‘‘(7) whether provisions of State law relat- The Safety Star System shall consist of a 5- the issuer or not, within 2 days of the pay- ing to unfair and deceptive practices would star system for rating the terms and condi- ment due date; prohibit any such terms, but for the national tions of each open end credit plan agreement ‘‘(13) a copy of the agreement and all sup- bank exclusion from non-home State bank- between a card issuer and a cardholder, in plementary materials are easily available to ing laws; accordance with this section. the cardholder online; or ‘‘(8) whether such terms have an anti- ‘‘(d) SAFETY STAR RATINGS.— ‘‘(14) a substantial positive financial ben- competitive or procompetitive effect on the ‘‘(1) ONE-STAR RATING.—The lowest level of efit would be provided to the consumer, as marketplace; and safety for an open end credit plan shall be in- determined by the Board in accordance with ‘‘(9) such additional terms or concepts that dicated by a 1-star rating. subsection (h). are not specified in paragraphs (1) through

VerDate Mar 15 2010 13:53 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR09\S27AP9.001 S27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10687 (8) that the Board deems difficult for an av- end credit plan, the card issuer shall submit mine whether the requirements to satisfy 2- erage consumer to manage, such as terms the new term or concept and any supporting star standards and above should be raised on that are confusing to the typical consumer materials to the Board, other than with re- the grounds that card issuers have aban- or that create a greater risk of negative fi- spect to an adjustment to the applicable rate doned the most unfair practices. In making nancial outcomes for the typical consumer, of interest in an existing agreement that such determination, the Board may not con- and terms that promote transparency or clearly specifies that such rate would be ad- sider the profitability of business models, competition. justable and under what conditions such ad- but may consider whether competition in the ‘‘(i) LIMITATIONS.—For purposes of sub- justments could occur. credit industry will improve consumer pro- section (h), the Board may not consider, with ‘‘(B) DETERMINATION OF THE BOARD.—Not tection, and how the change in standards respect to the terms of an open end credit later than 30 days after the date of a submis- will affect such competition.’’. plan agreement, the profitability or impact sion under subparagraph (A), the Board shall SEC. 4. SAFETY STAR ADVISORY COMMISSION. on the success of any particular business complete a review of the effects on safety of (a) ESTABLISHMENT.—There is established model of such terms. the subject new concept or term, and shall the Credit Card Safety Star Advisory Com- ‘‘(j) AUTOMATIC RATING.—Notwithstanding issue a decision on whether it affects the mission (in this section referred to as the any other provision of this section, or any Safety Star System rating for the open end ‘‘Commission’’). other provision of State or Federal law, any credit plan that will include the term or con- (b) DUTIES.— open end credit plan that allows the card cept. (1) REVIEW OF THE CREDIT CARD SAFETY issuer or a designee thereof to modify the ‘‘(m) DISPLAY OF AND ACCESS TO RATINGS.— STAR SYSTEM AND ANNUAL REPORTS.—The terms of the agreement at any time or peri- ‘‘(1) DISPLAY OF RATING REQUIRED.—The Commission shall— odically for unspecified or unstated reasons, Safety Star System rating for each credit (A) review the effectiveness of the credit shall automatically give rise to a 1-star rat- card shall be clearly displayed on all mar- card Safety Star System under this section, ing for such open end credit plan. keting material, applications, billing state- including the topics described in paragraph ‘‘(k) NO POINTS IF TERMS ARE REQUIRED BY ments, and agreements associated with that (2); credit card, as well as on the back of each LAW.—If a particular term in an agreement (B) make recommendations to Congress becomes required by law or regulation, no such credit card, including a brief expla- concerning such system; points may be awarded under the Safety Star nation of the system displayed below each (C) study whether it would better protect System for that term. rating (other than on the back of the credit consumers to ban some practices by credi- card). ‘‘(l) PROCEDURES FOR RATINGS.— tors rather than use a rating system for ‘‘(2) NEW CARDS REQUIRED FOR LOWER RAT- ‘‘(1) CERTIFICATION TO THE BOARD.—Each those practices, including universal default, INGS.—In any case in which the Safety Star issuer of credit under an open end credit plan unilateral changes without consumer con- System rating for a credit card is lowered for shall certify in writing to the Board, the sent, allowing interest charges on fees, or al- any reason, the card issuer shall provide new number of stars to be awarded, separately for lowing interest rate increases to apply to cards to account holders displaying the new each of the card issuer’s agreements. Each past debt; and rating in accordance with paragraph (1). such certification shall specify which terms (D) by not later than March 1 of each cal- ‘‘(3) GRAPHIC DISPLAY.—The Safety Star in each agreement are subject to the Safety endar year following the date of enactment System rating for a credit card shall be rep- Star System, and how the issuer arrived at of this Act, submit a report to Congress con- resented by a graphic that demonstrates not the star rating for each agreement based on taining the results of such reviews and its only the number of stars that the credit card the Safety Star System in accordance with has received, but also the number of stars recommendations concerning such system. paragraph (2). that the card did not receive. (2) SPECIFIC TOPICS TO BE REVIEWED.—The ‘‘(2) SUBMISSIONS TO THE BOARD.—Each Commission shall review— ‘‘(4) DEVELOPMENT OF GRAPHIC BY THE agreement that is subject to a Safety Star (A) with respect to all credit card users— BOARD.—The Board shall determine the System rating shall be submitted electroni- graphic and description of the Safety Star (i) the methodology for awarding stars to cally to the Board, together with a written System for display on materials and the credit cards under the Safety Star System, explanation of whether the agreement has or back of cards for purposes of this section. and whether there may be a better way to does not have each of the terms specified in ‘‘(n) CONSUMER ACCESS TO RATINGS.— award stars that takes into account unfair or subsections (f) and (g), before issuing or mar- ‘‘(1) IN GENERAL.—The Board shall engage unsafe practices that remain uncaptured in keting a credit card under that agreement. in an extensive campaign to educate con- the Safety Star System; ‘‘(3) BOARD VERIFICATION.— sumers about the Safety Star System rat- (ii) the consumer awareness of the Safety ‘‘(A) IN GENERAL.—The Board shall verify ings for credit cards, using commonly used Star System and what may make the system that the terms in the submitted agreement and accessible communications media. more useful to consumers; and and supporting materials (such as examples ‘‘(2) WEBSITE.—Not later than 12 months (iii) other major issues in implementation of future disclosures or examples of websites after the date of enactment of this section, and further development of the Safety Star with cardholder agreements) comply with the Board shall establish and shall maintain System; the certification submitted to the Board by a stand-alone website— (B) with respect to credit card users who the issuer under this subsection, not later ‘‘(A) to provide easily understandable, in- are at or close to their credit limits, whether than 30 days after the date of submission. depth information on the criteria used to as- such consumers are being specifically tar- ‘‘(B) AVOIDING DUPLICATIVE sign the ratings, as provided in subsections geted in credit card agreements, and whether VERIFICATIONS.—A card issuer may certify to (f) and (g); and the Safety Star System should incorporate the Board, in writing, that all agreements ‘‘(B) to include a listing of the Safety Star more terms or be revised to encourage more that it markets include a particular term, or System ratings for each open end consumer fair terms for such consumers; and that the issuer will use certain practices credit plan, information on how the issuer (C) the effects of the Safety Star System (with supporting documents, including show- arrived at that rating, and the number of on the availability and affordability of credit ing how future disclosures will be made) so consumers that have that plan with the and the implications of changes in credit that the Board is required to determine only issuer. availability and affordability in the United once, with respect to that term or practice, ‘‘(o) ANNUAL REVIEW BY THE BOARD.— States and in the general market for credit how that term or practice affects the star ‘‘(1) IN GENERAL.—The Board shall conduct services due to the Safety Star System. ratings of the credit card agreements of the a thorough annual review (of not longer than (3) COMMENTS ON CERTAIN BOARD REPORTS.— issuer. 6 months in duration) of the Safety Star Sys- (A) TRANSMITTAL TO COMMISSION.—If the ‘‘(4) MISREPRESENTATIONS AS VIOLATIONS.— tem, to determine whether the point system Board submits to Congress (or a committee Any certification to the Board under this is effectively aiding consumers, and shall of Congress) a report that is required by law section that the issuer knew, or should have promptly implement any regulatory changes and that relates to the Safety Star System, known, was false or misrepresented to the as are necessary to ensure that the System the Board shall transmit a copy of the report Board or to a consumer the terms or condi- protects consumers and encourages trans- to the Commission. tions of a card agreement or of a Safety Star parent competition and fairness to con- (B) INDEPENDENT REVIEW.—The Commission System rating under this section shall be sumers, including implementing a system in shall review any report received under sub- treated as a violation of this title, and shall which terms are weighted to distinguish be- paragraph (A) and, not later than 6 months be subject to enforcement in accordance tween different levels of safety, in accord- after the date of submission of the report to with section 108. ance with the purposes of this section. Congress, shall submit to the appropriate ‘‘(5) MODIFICATIONS BY CARD ISSUERS.— ‘‘(2) AVAILABILITY OF RESULTS.—Results of committees of Congress written comments ‘‘(A) IN GENERAL.—After the first annual the review conducted under this subsection on such report. Such comments may include review by the Board, mentioned in sub- shall be submitted to Congress, and shall be such recommendations as the Commission section (o), before implementing any new made available to the public. determines appropriate. term or concept, or new way of approaching ‘‘(p) PERIODIC REVIEW OF STANDARDS.— (4) AGENDA AND ADDITIONAL REVIEWS.—The a term or concept, with respect to an open Once every 2 years, the Board shall deter- Commission shall consult periodically with

VerDate Mar 15 2010 13:53 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR09\S27AP9.001 S27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10688 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 27, 2009 the chairperson and ranking minority mem- Secretary of the Senate for purposes of title partment or agency of the United States in- bers of the appropriate committees of Con- I of the Ethics in Government Act of 1978 formation necessary to enable it to carry out gress regarding the agenda of the Commis- (Public Law 95–521). this section. Upon request of the Chair- sion and progress towards achieving the (3) TERMS.— person, the head of that department or agen- agenda. The Commission may conduct addi- (A) IN GENERAL.—The terms of members of cy shall furnish that information to the tional reviews, and submit additional reports the Commission shall be for 5 years except Commission on an agreed upon schedule. to the appropriate committees of Congress, that the Comptroller General shall designate (2) DATA COLLECTION.—In order to carry out from time to time on such topics relating to staggered terms for the members first ap- its functions, the Commission shall— the Safety Star System as may be requested pointed. (A) utilize existing information, both pub- by such chairpersons and members, and as (B) VACANCIES.—Any member appointed to lished and unpublished, where possible, col- the Commission determines appropriate. fill a vacancy occurring before the expira- lected and assessed either by its own staff or (5) AVAILABILITY OF REPORTS.—The Com- tion of the term for which the member’s under other arrangements made in accord- mission shall transmit to the Board a copy predecessor was appointed shall be appointed ance with this section; of each report submitted under this sub- only for the remainder of that term. A mem- (B) carry out, or award grants or contracts section, and shall make such reports avail- ber may serve after the expiration of that for, original research and experimentation, able to the public in an easily accessible for- member’s term until a successor has taken where existing information is inadequate; mat, including operating a website con- office. A vacancy in the Commission shall be and taining the reports. filled in the manner in which the original ap- (C) adopt procedures allowing any inter- (6) APPROPRIATE COMMITTEES OF CON- pointment was made. ested party to submit information for the GRESS.—For purposes of this subsection, the (4) COMPENSATION.— Commission’s use in making reports and rec- term ‘‘appropriate committees of Congress’’ (A) MEMBERS.—While serving on the busi- ommendations. means the Committee on Banking, Housing, ness of the Commission (including travel (3) ACCESS OF GAO TO INFORMATION.—The and Urban Affairs of the Senate and the time), a member of the Commission shall be Comptroller General shall have unrestricted Committee on Financial Services of the entitled to compensation at the per diem access to all deliberations, records, and non- House of Representatives. equivalent of the rate provided for level IV of proprietary data of the Commission, imme- (7) VOTING AND REPORTING REQUIREMENTS.— the Executive Schedule under section 5315 of diately upon request. With respect to each recommendation con- title 5, United States Code, and while so (4) PERIODIC AUDIT.—The Commission shall tained in a report submitted under para- serving away from home and the regular be subject to periodic audit by the Comp- graph (1), each member of the Commission place of business of the member, the member troller General. shall vote on the recommendation, and the may be allowed travel expenses, as author- (f) ADMINISTRATIVE AND SUPPORT SERV- Commission shall include, by member, the ized by the Chairperson. ICES.—The Comptroller General shall provide results of that vote in the report containing (B) OTHER EMPLOYEES.—For purposes of such administrative and support services to the recommendation. The Commission may pay (other than pay of members of the Com- the Commission as may be necessary to file a minority report. mission) and employment benefits, rights, carry out this section. and privileges, all employees of the Commis- (8) EXAMINATION OF BUDGET CON- (g) AUTHORIZATION OF APPROPRIATIONS.— sion shall be treated as if they were employ- SEQUENCES.—Before making any rec- There are authorized to be appropriated to ees of the United States Senate. ommendation that is likely to have a Fed- the Commission, not more than $10,000,000 (5) CHAIRPERSON; VICE CHAIRPERSON.—The eral budgetary impact, the Commission shall for each fiscal year to carry out this section. Comptroller General shall designate a mem- examine the budget consequences of such ber of the Commission, at the time of ap- recommendation, directly or through con- By Mr. MERKLEY (for himself pointment of the member as Chairperson and sultation with appropriate expert entities. and Mr. WYDEN): a member as Vice Chairperson for that term (c) MEMBERSHIP.— S. 901. A bill to establish the Oregon of appointment, except that in the case of (1) NUMBER AND APPOINTMENT.—The Com- Task Force on Sustainable Revenue for vacancy in the position of Chairperson or mission shall be composed of 15 members ap- Vice Chairperson of the Commission, the Counties, and for other purposes; to the pointed by the Comptroller General of the Comptroller General may designate another Committee on Energy and Natural Re- United States, in accordance with this sec- member for the remainder of that member’s sources. tion. term. Mr. MERKLEY. Mr. President, today (2) QUALIFICATIONS.— (6) MEETINGS.—The Commission shall meet I am introducing the Sustainable Rev- (A) IN GENERAL.—The membership of the at the call of the Chairperson. enue for Oregon Counties Act, a bill Commission shall include individuals— (d) DIRECTOR AND STAFF; EXPERTS AND CON- (i) who have achieved national recognition aimed at finding a sustainable long- SULTANTS.—Subject to such review as the term solution to the revenue problems for their expertise in credit cards, debt man- Comptroller General determines necessary agement, economics, credit availability, con- to assure the efficient administration of the faced by Oregon’s timber-dependent sumer protection, and other credit card-re- Commission, the Commission may— counties and other timber-dependent lated issues and fields; or (1) employ and fix the compensation of an counties across our Nation. This bill, (ii) who provide a mix of different profes- Executive Director (subject to the approval which is cosponsored by Senator RON sions, a broad geographic representation, and of the Comptroller General) and such other WYDEN, will establish a task force to a balance between urban and rural represent- personnel as may be necessary to carry out determine the best way to provide atives. its duties (without regard to the provisions counties with a dependable source of (B) MAKEUP OF COMMISSION.—The Commis- of title 5, United States Code, governing ap- revenue after the current county pay- sion shall be made up of 15 members, of pointments in the competitive service); whom— (2) seek such assistance and support as ments program expires. (i) 4 shall be representatives from con- may be required in the performance of its du- Last year I promised that county sumer groups; ties from appropriate Federal departments payments would be the subject of my (ii) 4 shall be representatives from credit and agencies; first bill as a Senator because address- card issuers or banks; (3) enter into contracts or make other ar- ing this issue is essential to the long- (iii) 7 shall be representatives from non- rangements, as may be necessary for the term success of Oregon’s rural coun- profit research entities or nonpartisan ex- conduct of the work of the Commission ties. Thanks to the hard work of Sen- perts in banking and credit cards; and (without regard to section 3709 of the Re- ator WYDEN and our congressional dele- (iv) no fewer than 1 of the members de- vised Statutes of the United States (41 U.S.C. gation, payments are in place for the scribed in clauses (i) through (iii) shall rep- 5)); resent each of— (4) make advance, progress, and other pay- next 2 years. But we need to start pre- (I) the elderly; ments which relate to the work of the Com- paring for what happens next. (II) economically disadvantaged con- mission; Let me give some background on this sumers; (5) provide transportation and subsistence critical issue. Like many Western (III) racial or ethnic minorities; and for persons serving without compensation; States, the Federal Government owns (IV) students and minors. and much of Oregon’s land base. More than (C) ETHICS DISCLOSURES.—The Comptroller (6) prescribe such rules and regulations as half of Oregon’s land is federally General shall establish a system for public it determines necessary with respect to the owned. One class of the Federal lands is disclosure by members of the Commission of internal organization and operation of the the O&C lands. These lands were grant- financial and other potential conflicts of in- Commission. terest relating to such members. Members of (e) POWERS.— ed to Oregon & California Railroad in the Commission shall be treated as employ- (1) OBTAINING OFFICIAL DATA.—The Com- 1866 and later reverted to the Federal ees of Congress whose pay is disbursed by the mission may secure directly from any de- Government when the railroad failed to

VerDate Mar 15 2010 13:53 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR09\S27AP9.001 S27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10689 live up to terms of the grant. They also Road Department from 42 individuals servation, recreation, and labor organi- included a class of lands that origi- to 14—14 for a road department for a zations—as well as a member from the nated from a similar situation, the county the size of Connecticut and Governor’s office and a member from Coos Bay Wagon Road lands. These Delaware combined. Oregon’s tribes. O&C lands make up 2.2 million acres in In Jackson County, where one-third Then the task force will be expanded western and southern Oregon. of the general fund comes from Federal to include members who are experts on Then there are Forest Service lands— payments, Jackson County eliminated sustainable forestry, on natural re- timbered lands owned by the Forest 117 jobs in parks, human services, source economics, on biomass energy, Service, managed—that make up 14 roads, public safety, and closed all of on carbon sequestration, and on habi- million additional acres across our their libraries. tat conservation. State. This issue was so substantial that the This task force is charged with devel- In both cases, the Federal Govern- Oregon Legislature, when I served as oping a long-term plan to raise sustain- ment has allocated a share of the rev- speaker, redirected more than $50 mil- able revenue for Oregon’s counties, and enue generated by cutting timber to lion in transportation funds away from it will consider all of the concepts that compensate local counties for their counties under the normal formula to a I have mentioned, as well as others services. Since 1908, in fact, the Federal formula based on the loss of the Fed- that are proposed or that come up in Government has compensated counties eral timber dollars. the course of the task force’s work. for the revenue lost due to Forest Serv- The good news is that due to the tire- They are going to report back two ice lands with a simple formula: 25 per- less work of the senior Senator from strategies for consideration within 9 cent of the revenue earned by har- my State, Mr. WYDEN, and our col- months of this bill being enacted. vesting timber. Since 1937 the Federal leagues in the other Chamber, counties Timberlands are an important part of Government has sustained a similar received a 1-year reprieve in 2007 and the national economy and an ex- commitment on our O&C lands. The just last fall a 4-year extension. But tremely important part of the Oregon O&C Act provided that counties receive now we are faced again with expiration economy. Timber products can be used 75 percent of the timber harvest reve- of these critical resources in 2011. So to help us address next generation nues, and since 1957 that was reasserted today I am here to propose a strategy biofuels. Timber can be used to seques- with 50 percent going directly to the to develop a coherent plan, a plan for ter carbon. It is a creative, adaptable counties and 25 percent put into man- restoring fiscal security and sustain- building material, and our timber agement. able revenue to our counties so that, counties have been hit particularly Then along came the 1990s and some- despite the crushing economic situa- hard by the downturn in the national thing happened. What happened is, the tion our counties are facing today—and housing market. Federal Government started saying for unemployment is second highest in the So we need to sustain the traditional other reasons—environmental reasons, Nation in Oregon, and in the timber-de- deal with Oregon’s timber counties and stewardship reasons—we were going to pendent counties far higher than the with timber counties across this coun- change the harvest practices on these average, many with 14, 16, 18 percent try. That is what this bill is intended lands. That has had a direct impact, a unemployment—despite that, we need to do. I am very proud to introduce it deep, profound impact on our timber to provide a foundation for transition as my first bill as a Senator. Mr. President, I ask unanimous con- counties. A deal was struck. In fact, in in 2011. sent that the text of the bill be printed 1993, President Clinton proposed and There are many elements that can go in the RECORD. Congress enacted a program to aug- into this coherent strategy. Our for- There being no objection, the text of ment timber payments with Federal ests, millions of acres of second growth the bill was ordered to be placed in the payments based on the historic harvest forests are overgrown and need to be RECORD, as follows: levels so the people of Oregon’s timber thinned to restore forest health and S. 901 counties will not be paying the price prevent forest fires. Increasing the har- vest could generate revenue. The mate- Be it enacted by the Senate and House of Rep- for the environmental goals and other resentatives of the United States of America in goals that were put forward. This is a rial cleared from the forest could be Congress assembled, deal, this is a core foundation agree- used to generate biomass energy and SECTION 1. SHORT TITLE. ment between the Federal Government cellulosic biofuels, and harvesting that This Act may be cited as the ‘‘Sustainable and our timber counties. material, that biomass, could generate Revenue for Oregon Counties Act of 2009’’. This program was modified in 2000 revenue. SEC. 2. FINDINGS. under the leadership of our senior Sen- Our forests can be used to sequester Congress finds that— ator from Oregon, and the program be- carbon, and the forests of the North- (1) more than half of the land in the State came the Secure Rural Schools and west are potentially the largest carbon of Oregon is owned by the Federal Govern- Community Self-Determination Act. sink we have, so management to in- ment; (2) in many counties of the State, signifi- That program, though, had a sunset in crease carbon sequestration could be a cant portions of the land of the counties 2006 when the program disappeared source of revenue. (often significantly more than half of the that started to wreak havoc on our Increased use of public lands by visi- land of the counties) is owned by the Federal timber-dependent counties. tors brings economic benefit to our Government; In Josephine County two-thirds of counties and these recreational and (3) the land described in paragraph (2) in- the county’s general fund came from tourism activities could be a source of cludes Forest Service land and Oregon and county payments. Loss of county pay- revenues. California grant land; ments meant cutting public safety pro- Certainly, we need to look at the his- (4) the counties described in paragraph (2) toric deal struck between the Federal are unable to derive revenue from property grams. Overnight, patrols were down to taxes on land owned by the Federal Govern- one 10-hour shift split among six depu- Government and the counties and find ment; ties covering an area the size of the a way to sustain it into the future— (5) historically, payments made by the State of Rhode Island. that deal saying, if we are going to put Federal Government based on revenues from In Harney County—where 78 percent restrictions on the timber harvest harvesting timber (including Oregon and of the landmass, an area the size of under these traditional timberlands California grant land and Forest Service New Jersey, is federally controlled—70 that we are going to compensate coun- payments) have provided a revenue sub- percent of the road funds come from ties for the lost revenue. stitute for property taxes; This bill creates a task force with 15 (6) the Secure Rural Schools and Commu- Federal payments. nity Self-Determination Act of 2000 (16 In Lake County, Federal land, mak- members. Four members come from U.S.C. 500 note; Public Law 106–393) aug- ing up 61 percent of the county, is in timber counties. They get their first- mented the payments described in paragraph anticipation of losing Federal funding, hand reports from the front line. One (5) because of a significant decline in timber so the county had to cut its Federal member each represents timber, con- harvest revenues;

VerDate Mar 15 2010 13:53 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR09\S27AP9.001 S27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10690 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 27, 2009 (7) Congress extended the payments de- who are experts in the scientific aspects of (D) revenue based on— scribed in paragraph (6) for 1 year in 2007, ecosystem services that are provided by tem- (i) a portion of the proceeds from sales of and for 4 years effective beginning in 2008, to perate forests (including, at a minimum, the material collected from public land located provide time to develop a long-term sustain- scientific aspects of carbon sequestration); in the State for the production of biomass able alternative to the payments described (G) 1 member shall be appointed by the electricity or cellulosic liquid transportation in paragraph (6); Secretaries concerned from among persons fuels; (8) the prospects for a long-term extension who are experts in fields relating to wildlife (ii) user fees for recreational activities car- are uncertain because of concerns regarding habitat, endangered species, and biodiver- ried out on public land located in the State; Federal budget deficits and long-term finan- sity; (iii) payments for increases in carbon se- cial assistance to local governments of the (H) 1 member shall be appointed by the questration; and State; Secretaries concerned as a representative of (iv) land exchanges or transfers that could (9) counties of the State that have histori- the forest products industry located in the provide compensation for nontaxable Federal cally received the payments described in State; land located in counties of the State; paragraph (5) are in need of a sustainable, (I) 1 member shall be appointed by the Sec- (E) local sources of revenue that could be long-term revenue source; retaries concerned as a representative of re- used to reduce or eliminate the reliance of (10) there are opportunities for the conduct gionally or locally recognized conservation counties of the State on Federal funds (in- of activities in the Federal forest land of the organizations located in the State; cluding taxes, user fees, or economic devel- counties of the State that could be struc- (J) 1 member shall be appointed by the opment activities that could increase the tured to be economically and environ- Secretaries concerned as a representative revenue base of the counties of the State); mentally sustainable, including— of— (F) payments made by the Federal Govern- (A) the harvesting of timber (including (i) organized labor; or ment to the counties of the State, includ- thinning to restore forest health) in a sus- (ii) nontimber forest product harvester ing— tainable manner and in sustainable quan- groups; (i) guaranteed payments that are to be es- tities; (K) 1 member shall be appointed by the tablished at a reduced level and not based on (B) the removal of biomass material from Secretaries concerned as a representative of timber harvest revenues; and the forest land for— persons who participate in or provide rec- (ii) guaranteed payments that are to be es- (i) the generation of electricity; and reational activities or are engaged in related tablished— (ii) the production of cellulosic biofuels; activities; and (I) at a level similar to the level of pay- (C) the conduct of activities that could— (L) 1 member shall be appointed by the ments reauthorized in 2008; (i) increase the sequestration by the forest Secretaries concerned as a representative of (II) in part by timber harvest revenues; and land of atmospheric carbon; or Indian tribes that are located in the State. (III) with the use of additional Federal (ii) provide other ecosystem services for (2) DATE OF APPOINTMENTS.—The appoint- funds to the extent that timber harvest reve- communities, such as clean water; and ment of a member of the Task Force shall be nues described in subclause (II) do not meet (D) the conduct of recreational activities; made not later than 60 days after the date of the guaranteed level of payment; and (11) other sources of revenue, including enactment of this Act. (G) any other revenue source that the Task (c) TERM; VACANCIES.— State and local revenue sources, should also Force determines to be appropriate for con- (1) TERM.—A member shall be appointed be considered in selecting a sustainable, sideration and review. for the life of the Task Force. long-term revenue source; and (3) FACTORS.—In considering each revenue (2) VACANCIES.—A vacancy on the Task (12) payments made by the Federal Govern- source under paragraph (2), the Task Force Force— ment could be continued under a variety of shall take into account— (A) shall not affect the powers of the Task different payment methodologies. (A) the long-term sustainability of each Force; and SEC. 3. DEFINITIONS. revenue source considered under paragraph (B) shall be filled in the same manner as In this Act: (2); the original appointment was made. (1) SECRETARIES CONCERNED.—The term (B) the relative value, long-term sustain- (d) INITIAL MEETING.—Not later than 30 ‘‘Secretaries concerned’’ means— days after the date on which all members of ability, and any other implication of the rel- (A) the Secretary of Agriculture; and the Task Force have been appointed, the ative reliance of the counties of the State on (B) the Secretary of the Interior. Task Force shall hold the initial meeting of revenues arising from Federal forests located (2) STATE.—The term ‘‘State’’ means the the Task Force. in the counties, as compared to other local State of Oregon. (e) MEETINGS.— revenue sources; (3) TASK FORCE.—The term ‘‘Task Force’’ (1) IN GENERAL.—The Task Force shall (C) the potential long-term effects of each means the Oregon Task Force on Sustainable meet at the call of the Chairperson. revenue source considered under paragraph Revenue for Counties established by section (2) PUBLIC ACCESS.—Each meeting of the (2) on the economies of the counties of the 4(a). Task Force shall be open to the public. State; SEC. 4. TASK FORCE. (f) QUORUM.—A majority of the members of (D) revenue sources that are used by other (a) ESTABLISHMENT.—There is established a the Task Force shall constitute a quorum, cities or counties of the State; task force to be known as the ‘‘Oregon Task but a lesser number of members may hold (E) the environmental effects of each rev- Force on Sustainable Revenue for Counties’’. hearings. enue source considered under paragraph (2); (b) MEMBERSHIP.— (g) CHAIRPERSON AND VICE CHAIRPERSON.— (F) the effect of each revenue source con- (1) COMPOSITION.—The Task Force shall be The Task Force shall select a Chairperson sidered under paragraph (2) on local revenue composed of 15 members, of whom— and Vice Chairperson from among the mem- streams and county services; and (A) 4 members shall be appointed by the bers of the Task Force. (G) comments submitted to the Task Force Secretaries concerned, of whom— SEC. 5. DUTIES. by a stakeholder relating to any issue or pro- (i) each shall represent a county of the (a) CONSIDERATION AND REVIEW OF REVENUE posal considered by the Task Force. State; and SOURCES.— (b) HEARINGS.— (ii) 2 shall represent counties in which (1) IN GENERAL.—The Task Force shall con- (1) IN GENERAL.—The Task Force shall hold there is located Oregon and California grant sider and review concepts for the establish- such hearings, meet and act at such times land; ment of a long-term revenue source for coun- and places, take such testimony, and receive (B) 1 member shall be appointed by the ties located in the State that have histori- such evidence as the Task Force considers Governor of the State as the representative cally received Federal funds. advisable to receive the input and determine of the Governor of the State; (2) REVENUE SOURCES.—In conducting the the opinions of the public and stakeholders (C) 1 member shall be appointed by the consideration and review under paragraph with respect to the establishment of a sus- Secretaries concerned from among persons (1), in accordance with paragraph (3), the tainable, long-term revenue source for the who are experts in economics (including nat- Task Force shall consider— counties of the State. ural resource economics); (A) revenue sources proposed by relevant (2) INCORPORATION OF PUBLIC AND STAKE- (D) 1 member shall be appointed by the legislation or administrative actions; HOLDER INPUT.—In preparing the report re- Secretaries concerned from among persons (B) payments based on timber harvests (in- quired under subsection (c), the Task Force who are experts in sustainable forestry prac- cluding thinning to restore forest health) shall incorporate into the recommendations tices; carried out at sustainable levels; of the Task Force required under subsection (E) 1 member shall be appointed by the (C) payments based on revenues that each (c)(2), to the maximum extent practicable, Secretaries concerned from among persons county of the State could have received the public and stakeholder input received who are experts in scientific and economic through property taxation if the land owned under paragraph (1). aspects of biomass energy; by the Federal Government located in the (F) 1 member shall be appointed by the county was privately held and subject to a (c) REPORT.—Not later than 9 months after Secretaries concerned from among persons property tax; the date of enactment of this Act, the Task

VerDate Mar 15 2010 13:53 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR09\S27AP9.001 S27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 10691 Force shall submit to the Committee on Nat- the Task Force may procure temporary and the Health High-Performance Schools pro- ural Resources of the House of Representa- intermittent services in accordance with sec- gram in the No Child Left Behind Act and tives and the Committee on Energy and Nat- tion 3109(b) of title 5, United States Code, at the Energy Independence and Security Act of ural Resources of the Senate a report that rates for individuals that do not exceed the 2007; contains— daily equivalent of the annual rate of basic Whereas our schools have the great respon- (1) a detailed statement of the findings and pay prescribed for level V of the Executive sibility of guiding the future of our children conclusions of the Task Force; Schedule under section 5316 of that title. and our Nation; and (2) a description of not less than 2 policy SEC. 8. AUTHORIZATION OF APPROPRIATIONS. Whereas April 27, 2009, would be an appro- scenarios for providing sustainable revenue There are authorized to be appropriated priate date to designate as ‘‘National to the counties of the State that are rec- such sums as are necessary to carry out this Healthy Schools Day’’: Now, therefore, be it ommended by not less than 3⁄5 of the mem- Act, to remain available until expended. Resolved, That the Senate supports the des- bers of the Task force for consideration by SEC. 9. TERMINATION OF TASK FORCE. ignation of April 27, 2009, as ‘‘National the Federal Government, the State, and the The Task Force shall terminate 120 days Healthy Schools Day’’. counties of the State as the Task Force con- after the date on which the Task Force sub- siders appropriate (including such legislation mits the report of the Task Force under sec- f and administrative actions necessary to im- tion 5(c). plement each policy scenario); (3) a description of the opinion of each f AUTHORITY FOR COMMITTEES TO member of the Task Force regarding each SUBMITTED RESOLUTIONS MEET policy scenario described in paragraph (2); (4) a description of the minority views of COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS each member of the Task Force who does not SENATE RESOLUTION 114—EX- Mr. MERKLEY. Mr. President, I ask support any policy scenario described in PRESSING SUPPORT FOR DES- paragraph (2); unanimous consent that the Com- IGNATION OF APRIL 27, 2009, AS (5) a description of each revenue source mittee on Homeland Security and Gov- ‘‘NATIONAL HEALTHY SCHOOLS considered but not recommended by the ernmental Affairs be authorized to DAY’’ Task Force under paragraph (2), including— meet during the session of the Senate (A) an explanation of each reason why the Mrs. GILLIBRAND submitted the fol- on Monday, April 27, 2009, at 5:30 p.m. Task Force did not recommend the policy lowing resolution; which was referred THE PRESIDING OFFICER. Without scenario; and to the Committee on Health, Edu- (B) a description of the minority views of objection, it is so ordered. each member of the Task Force relating to cation, Labor, and Pensions: the decision by the Task Force not to rec- S. RES. 114 f ommend the policy scenario; and Whereas there are approximately 54,000,000 (6) a summary of comments received by the children and 7,000,000 adults who spend their UNANIMOUS CONSENT Task Force under subsections (a)(3)(G) and days in the Nation’s 120,000 public and pri- (b)(1). vate schools; AGREEMENT—S. 386 (d) REQUIRED HEARINGS.—Not later than 60 Whereas over half of all schools in the Mr. BROWN. I ask unanimous con- days after the date on which each committee United States have problems linked to in- sent that at noon Tuesday, April 28, described in subsection (c) receives the re- door air quality; port required under that subsection, each the Senate return to legislative session Whereas children are more vulnerable to to resume consideration of S. 386; that committee shall hold a hearing to evaluate environmental hazards, as they breathe in the recommendations contained in the re- more air per pound of body weight due to upon passage of the bill, the Senate port. their developing systems; then return to executive session to re- SEC. 6. POWERS. Whereas children spend an average of 30 to sume consideration of the Sebelius (a) INFORMATION FROM FEDERAL AGEN- 50 hours per week in school; nomination. CIES.— Whereas poor indoor environmental qual- The PRESIDING OFFICER. Without (1) IN GENERAL.—The Task Force may se- ity is associated with a wide range of prob- objection, it is so ordered. cure directly from a Federal agency such in- lems that include poor concentration, res- formation as the Task Force considers nec- piratory illnesses, learning difficulties, and essary to carry out this Act. cancer; f (2) PROVISION OF INFORMATION.—On request Whereas an average of 1 in every 13 school- of the Chairperson of the Task Force, the age children has asthma, the leading cause of TECHNICAL AMENDMENTS AF- head of the agency shall provide the informa- school absenteeism, accounting for approxi- tion to the Task Force. FECTING JUDICIAL PRO- mately 14,700,000 missed school days each CEEDINGS (b) POSTAL SERVICES.—The Task Force year; may use the United States mails in the same Whereas the Nation’s schools spend ap- Mr. BROWN. Madam President, I ask manner and under the same conditions as proximately $8,000,000,000 a year on energy unanimous consent that the Senate other agencies of the Federal Government. costs, causing officials to make very difficult (c) GIFTS.—The Task Force may accept, proceed to the immediate consider- use, and dispose of gifts or donations of serv- decisions on cutting back on much needed ation of H.R. 1626, which was received ices or property. academic programs in their efforts to main- from the House. tain heat and electricity; SEC. 7. TASK FORCE PERSONNEL MATTERS. The PRESIDING OFFICER. The Whereas healthy and high-performance (a) COMPENSATION OF MEMBERS.—Each schools that are designed to reduce energy clerk will report the bill by title. member of the Task Force shall serve with- The legislative clerk read as follows: out compensation. and maintenance costs, provide cleaner air, (b) TRAVEL EXPENSES.—A member of the improve lighting, and reduce exposure to A bill (H.R. 1626) to make technical amend- Task Force shall be allowed travel expenses, toxic substances provide a healthier and ments to laws containing time periods af- including per diem in lieu of subsistence, at safer learning environment for children and fecting judicial proceedings. rates authorized for an employee of an agen- improve academic achievement and well- There being no objection, the Senate cy under subchapter I of chapter 57 of title 5, being; proceeded to consider the bill. United States Code, while away from the Whereas new building construction, espe- cially for new school buildings, should be de- Mr. BROWN. I ask unanimous con- home or regular place of business of the sent that the bill be read three times member in the performance of the duties of signed to meet energy efficiency standards, the Task Force. including Leadership in Energy and Environ- and passed, the motion to reconsider be (c) DETAIL OF FEDERAL GOVERNMENT EM- mental Design (LEED) standards; laid upon the table, with no inter- PLOYEES.— Whereas green and healthy schools save an vening action or debate, and any state- (1) IN GENERAL.—An employee of the Fed- average of $100,000 per year on energy costs, ments relating to the bill be printed in eral Government may be detailed to the enough to hire 2 teachers, buy 200 new com- the RECORD. Task Force without reimbursement. puters, or purchase 5,000 new textbooks; The PRESIDING OFFICER. Without Whereas converting all of the Nation’s (2) CIVIL SERVICE STATUS.—The detail of objection, it is so ordered. the employee shall be without interruption schools to green schools would reduce carbon or loss of civil service status or privilege. dioxide emissions by 33,200,000 metric tons; The bill (H.R. 1626) was ordered to be (d) PROCUREMENT OF TEMPORARY AND Whereas Congress has demonstrated its in- read a third time, was read the third INTERMITTENT SERVICES.—The Chairperson of terest in this compelling issue by including time, and passed.

VerDate Mar 15 2010 13:53 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR09\S27AP9.001 S27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10692 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 8 April 27, 2009 ORDERS FOR TUESDAY, APRIL 28, Senators should also be prepared for a DEPARTMENT OF TRANSPORTATION 2009 vote on passage of S. 386, the Fraud En- JOHN D. PORCARI, OF MARYLAND, TO BE DEPUTY SEC- forcement and Recovery Act, at noon RETARY OF TRANSPORTATION, VICE THOMAS J. BAR- Mr. BROWN. Madam President, I ask RETT, RESIGNED. tomorrow. unanimous consent that when the Sen- DEPARTMENT OF ENERGY ate completes its business today, it ad- f CATHERINE RADFORD ZOI, OF CALIFORNIA, TO BE AN journ until 10 a.m. tomorrow, Tuesday, ASSISTANT SECRETARY OF ENERGY (ENERGY, EFFI- April 28; that following the prayer and CIENCY, AND RENEWABLE ENERGY), VICE ALEXANDER A. ADJOURNMENT UNTIL 10 A.M. KARSNER, RESIGNED. pledge, the Journal of proceedings be WILLIAM F. BRINKMAN, OF NEW JERSEY, TO BE DIREC- approved to date, the morning hour be TOMORROW TOR OF THE OFFICE OF SCIENCE, DEPARTMENT OF EN- ERGY, VICE RAYMOND L. ORBACH, RESIGNED. deemed expired, the time for the two Mr. BROWN. Madam President, if DEPARTMENT OF THE INTERIOR leaders be reserved for their use later there is no further business to come be- ANNE CASTLE, OF COLORADO, TO BE AN ASSISTANT in the day, and the Senate proceed to fore the Senate, I ask unanimous con- SECRETARY OF THE INTERIOR, VICE MARK A. LIMBAUGH. executive session under the previous sent that it adjourn under the previous DEPARTMENT OF STATE order; further, I ask consent that the order. KURT M. CAMPBELL, OF THE DISTRICT OF COLUMBIA, Senate recess from 12:30 until 2:15 p.m. There being no objection, the Senate, TO BE AN ASSISTANT SECRETARY OF STATE (EAST to allow for the weekly caucus lunch- at 6:34 p.m., adjourned until Tuesday, ASIAN AND PACIFIC AFFAIRS), VICE CHRISTOPHER R. HILL, RESIGNED. eons. April 28, 2009, at 10 a.m. DANIEL BENJAMIN, OF THE DISTRICT OF COLUMBIA, TO The PRESIDING OFFICER. Without BE COORDINATOR FOR COUNTERTERRORISM, WITH THE f RANK AND STATUS OF AMBASSADOR AT LARGE, VICE objection, it is so ordered. DELL L. DAILEY, RESIGNED. f ROBERT ORRIS BLAKE, JR., OF MARYLAND, A CAREER NOMINATIONS MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF PROGRAM MINISTER-COUNSELOR, TO BE ASSISTANT SECRETARY Executive nominations received by OF STATE FOR SOUTH ASIAN AFFAIRS, VICE RICHARD A. Mr. BROWN. Madam President, at 10 BOUCHER, RESIGNED. the Senate: a.m. tomorrow the Senate will begin DEPARTMENT OF LABOR DEPARTMENT OF AGRICULTURE consideration of the nomination of PHYLLIS CORRINE BORZI, OF MARYLAND, TO BE AN AS- Kathleen Sebelius to be Secretary of PEARLIE S. REED, OF ARKANSAS, TO BE AN ASSISTANT SISTANT SECRETARY OF LABOR, VICE BRADFORD P. SECRETARY OF AGRICULTURE, VICE BOYD KEVIN RUTH- CAMPBELL, RESIGNED. Health and Human Services. Under the ERFORD. DEPARTMENT OF HOMELAND SECURITY previous order, there will be up to 8 DEPARTMENT OF DEFENSE hours for debate equally divided be- DAVID HEYMAN, OF THE DISTRICT OF COLUMBIA, TO BE THOMAS R. LAMONT, OF ILLINOIS, TO BE AN ASSIST- AN ASSISTANT SECRETARY OF HOMELAND SECURITY, tween the two leaders or designees. ANT SECRETARY OF THE ARMY, VICE RONALD J. JAMES. VICE STEWART A. BAKER, RESIGNED.

VerDate Mar 15 2010 13:53 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00041 Fmt 0686 Sfmt 9801 E:\BR09\S27AP9.001 S27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10693 HOUSE OF REPRESENTATIVES—Monday, April 27, 2009

The House met at 12:30 p.m. and was Today the top 10 groups compete in the At the closing banquet this evening Vermont called to order by the Speaker pro tem- championship round right here in the Senator PATRICK LEAHY will be honored with pore (Mr. CARNAHAN). Cannon House Office Building. the 2009 Dale E. Kildee Civitas Award for his In the competition, students serve as f contributions to the field of civic education. expert witnesses, testifying on con- In the competition students serve as expert DESIGNATION OF SPEAKER PRO stitutional issues as if in a congres- witnesses testifying on constitutional issues as TEMPORE sional hearing. They are scored on if at a Congressional hearing. They are scored The SPEAKER pro tempore laid be- their opening statements and on their on their opening statements and on their an- fore the House the following commu- answers to follow-up questions. swers to follow-up questions. nication from the Speaker: Yesterday I heard these students Yesterday, I heard these Mt. Carmel stu- speak with knowledge and insight dents speak with knowledge and insight about WASHINGTON, DC, about our Constitution and Bill of April 27, 2009. our Constitution and Bill of Rights. They were Rights. They were impressively well I hereby appoint the Honorable RUSS impressively well-versed in the historical and CARNAHAN to act as Speaker pro tempore on versed in the historical and philo- philosophical antecedents of these profound this day. sophical antecedents of these profound documents. And they were able to field the NANCY PELOSI, documents, and they were able to field most complex questions on these issues from Speaker of the House of Representatives. the most complex questions on these panels of State Supreme Court Justices, uni- f issues from panels of State Supreme versity scholars, attorneys, and journalists. Court justices, university scholars, at- The Mt. Carmel students earned the right to MORNING-HOUR DEBATE torneys and journalists. represent the Northern Mariana Islands by The Mount Carmel students earned The SPEAKER pro tempore. Pursu- competing against other schools in my con- the right to represent the Northern ant to the order of the House of Janu- gressional district on February 14. They suc- Mariana Islands by competing against ary 6, 2009, the Chair will now recog- ceeded because they worked together and be- other schools in my congressional dis- nize Members from lists submitted by cause each of them gave their individual best trict. They succeeded because they the majority and minority leaders for for their team. worked together and because each one morning-hour debate. I’d like to recognize them by name: of them gave their individual best for The Chair will alternate recognition Alfred Acosta between the parties, with each party their team. I’d like to recognize them by name. Kevin Bautista limited to 30 minutes and each Mem- Jalayne Benavente ber, other than the majority and mi- Alfred Acosta, Kevin Bautista, Jalayne Keolester Buenpacifico Benavente, Keolester Buenpacifico, nority leaders and the minority whip, Armalen Cabreros Armalen Cabreros, Lourence Camacho, limited to 5 minutes. Lourence Camacho Cedie Chan, Augustine Chang, Hazel Cedie Chan f Doctor, Chiaki Hirosawa, Kevin Kim, Augustine Chang Hazel Doctor MOUNT CARMEL SCHOOL COM- Su Yoon Lee, Daniel Macario, Ryan Ortizo, Vanessa Sablan, Keno San Chiaki Hirosawa PETING IN THE WE THE PEOPLE: Kevin Kim THE CITIZENS AND THE CON- Pablo, Jonathan Sanchez, Louise Su Yoon (Karen) Lee STITUTION NATIONAL FINALS Villagomez, Rita Villagomez, A. Ram Daniel Macario Yoo. Ryan Ortizo The SPEAKER pro tempore. The I’d also like to acknowledge their Vanessa Sablan Chair recognizes the gentleman from teacher, Mr. Rosiky Camacho, their at- Keno San Pablo the Northern Mariana Islands (Mr. torney coaches Joaqin Deleon Guerrero Jonathan Sanchez SABLAN) for 5 minutes. Torres, Judy Deleon Guerrero Torres, Louise Villagomez Mr. SABLAN. Thank you, Mr. Speak- Vince Deleon Guerrero Torres and Rita Villagomez A. Ram Yoo er. their coordinator Mr. Alfred Ada. I rise to acknowledge an accom- Mr. Speaker, I rise to acknowledge an ac- I’d also like to acknowledge their teacher plished, dedicated group of students complished and dedicated group of students Mr. Rosiky Camacho; their attorney-coaches from my district. They are from Mount from my district. Joaquin Dlg. Torres, Judy Dlg. Torres, and Carmel School on the island of Saipan They are from Mount Carmel School on the Vince Dlg. Torres; and their coordinator Mr. in the Northern Mariana Islands, and island of Saipan in the Northern Mariana Is- Alfred Ada. they’re here in Washington partici- lands; and they are here in Washington par- f pating in the 22nd We the People: The ticipating in the 22nd We the People: The Cit- RECESS Citizens and the Constitution National izen and the Constitution National Finals. The Finals. The program is funded by Con- program is funded by Congress through the The SPEAKER pro tempore. Pursu- gress through the Education for De- Education for Democracy Act and adminis- ant to clause 12(a) of rule I, the Chair mocracy Act and administered by the tered by the Center for Civic Education, based declares the House in recess until 2 Center For Civic Education, based in in Los Angeles and Washington. p.m. today. Los Angeles and in Washington. Each year high school students around the Accordingly (at 12 o’clock and 34 Each year high school students Nation take part in a rigorous course of study minutes p.m.), the House stood in re- around the Nation take part in a rig- to prepare themselves for We the People. cess until 2 p.m. orous course of study to prepare them- 1,100 of them earn the right to come to Wash- f selves for We the People. One thousand ington for the finals, which began over the b 1400 one hundred of them earned the right weekend, by competing against other schools to come to Washington for the finals, in their congressional district and States. AFTER RECESS which began over the weekend, by com- Today, the top 10 groups compete in the The recess having expired, the House peting against other schools in their Championship Round right here in the Cannon was called to order by the Speaker pro congressional districts and States. House Office Building. tempore (Ms. HIRONO) at 2 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.

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.000 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10694 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 27, 2009 PRAYER COMMUNICATION FROM THE loved by his family, friends, and his The Chaplain, the Reverend Daniel P. CLERK OF THE HOUSE community. I rise to remember Cor- Coughlin, offered the following prayer: The SPEAKER pro tempore laid be- poral William Craig Comstock of the Lord God of covenant love, Your fore the House the following commu- United States Marine Corps, who was light brightens our day and presents nication from the Clerk of the House of taken from us while honorably serving our country in Iraq. new opportunities to serve You in faith Representatives: Craig grew up in the Third District of and serve this Nation with freedom. OFFICE OF THE CLERK, Arkansas, going to Cedarville High HOUSE OF REPRESENTATIVES, Grant the Members of Congress pene- School and graduating from Alma High trating peace and patient under- Washington, DC, April 27, 2009. Hon. NANCY PELOSI, School. He made a big impression on standing of family life and the prob- his classmates. On a Facebook page lems facing this Nation. The Speaker, The Capitol, House of Representa- tives, Washington, DC. created in his honor, one friend wrote, Help all of us to embrace our limita- DEAR MADAM SPEAKER: Pursuant to the ‘‘I can’t stress enough that you tions, and yet never lose hope to mar- permission granted in Clause 2(h) of Rule II changed my life. You are such an inspi- shal the forces within us and the pow- of the Rules of the U.S. House of Representa- ration to me.’’ ers You give us to establish a new tives, the Clerk received the following mes- Craig is an inspiration to all of us. He order of personal dignity and integrity sage from the Secretary of the Senate on was raised in a single-parent home and and world security that will give You April 27, 2009, at 9:39 a.m.: later in foster homes, but he has al- glory, both now and forever. That the Senate passed without amend- ment H.R. 586. ways had the drive to succeed. Amen. With best wishes, I am Craig joined the Marine Corps in Jan- f Sincerely, uary of 2007 and was trained as an am- LORRAINE C. MILLER, munition technician. He volunteered to THE JOURNAL Clerk of the House. go back to Iraq after being shot while The SPEAKER pro tempore. The f deployed there earlier in his career. Madam Speaker, at the young age of Chair has examined the Journal of the PRESIDENT OBAMA SHOULD RE- last day’s proceedings and announces 21, Craig made a tremendous sacrifice MEMBER WE ARE FOUNDED ON for his country. He is a true American to the House her approval thereof. FAITH Pursuant to clause 1, rule I, the Jour- hero. I ask my colleagues to keep his nal stands approved. (Mr. FLEMING asked and was given family and friends in their thoughts permission to address the House for 1 and prayers during this very difficult f minute.) time. PLEDGE OF ALLEGIANCE Mr. FLEMING. Madam Speaker, I f was very disturbed to read about the The SPEAKER pro tempore. Will the administration’s request to cover up a TOO MUCH SPENDING gentleman from Louisiana (Mr. FLEM- monogram symbolizing the name of (Mr. CHAFFETZ asked and was given ING) come forward and lead the House Jesus at a recent speech given by permission to address the House for 1 in the Pledge of Allegiance. President Obama at Georgetown Uni- minute and to revise and extend his re- Mr. FLEMING led the Pledge of Alle- versity. The White House justified this marks.) giance as follows: by saying they asked for all symbols to Mr. CHAFFETZ. Just a few weeks I pledge allegiance to the Flag of the be covered up at the lecture hall; how- ago, the Democrats slammed through a United States of America, and to the Repub- ever, this was the only one clearly visi- $1 trillion stimulus bill by scaring the lic for which it stands, one nation under God, American people, by declaring that the indivisible, with liberty and justice for all. ble near him during the speech. The covered monogram ‘‘IHS’’ comes from economy would collapse without it. f the Greek for Jesus and was covered This so-called ‘‘recovery plan’’ grew government and not jobs. It created 33 COMMUNICATION FROM THE with a black triangle of plywood. I join my fellow Christians in ex- new Federal programs and gave record CLERK OF THE HOUSE money to 73 other Federal programs. pressing my outrage at this request. Forgotten in this mix is the American The SPEAKER pro tempore laid be- This administration has no problem taxpayer. fore the House the following commu- spending money imprinted with the nication from the Clerk of the House of A few days ago, the President, in his phrase ‘‘In God We Trust’’—and par- first Cabinet meeting, asked his admin- Representatives: enthetically, above us here is the words OFFICE OF THE CLERK, istration to find $100 million—that’s ‘‘In God We Trust’’—but won’t have our million with an ‘‘m’’—in savings. So HOUSE OF REPRESENTATIVES, President speak with any symbol of Washington, DC, April 27, 2009. the President asked for and got $1 tril- Christ in public view. We begin each Hon. NANCY PELOSI, lion and now wants to save $100 mil- The Speaker, The Capitol, House of Representa- day in this Chamber with a prayer, and lion. How much is $1 trillion? If you tives, Washington, DC. clearly visible in the House is the same spent $1 million a day every day, it DEAR MADAM SPEAKER: Pursuant to the phrase I mentioned before. would take you nearly 3,000 years to permission granted in Clause 2(h) of the With our country having such prob- get to $1 trillion. Rules of the U.S. House of Representatives, lems, people turn to faith for help in The Federal Government spends $100 the Clerk received the following message this time of uncertainty, as they million every 13 minutes. Our govern- from the Secretary of the Senate on April 24, should. This country was founded on ment cannot be all things to all people. 2009, at 10:01 a.m.: the solid principles of Judeo-Christian That the Senate disagrees to the amend- We have got to stop running this gov- ment of the House; agrees to Conference and ethics. Why should our President cover ernment on a credit card. I urge my appoints conferees S. Con. Res. 13. this important symbol of our heritage colleagues to find ways to cut spend- That the Senate passed without amend- and values? ing. And remember, it is the American ment H. Con. Res. 101. f taxpayers’ money, not Congress’ That the Senate passed without amend- money, not the government’s money. ment H. Con. Res. 86. HONORING THE SACRIFICE OF Appointments: CORPORAL WILLIAM CRAIG COM- f Senate National Security Working Group. STOCK THE WISDOM OF WASHINGTON Commission to Study the Potential Cre- (Mr. BOOZMAN asked and was given (Ms. FOXX asked and was given per- ation of a National Museum of the American Latino. permission to address the House for 1 mission to address the House for 1 With best wishes, I am minute and to revise and extend his re- minute.) Sincerely, marks.) Ms. FOXX. Madam Speaker, this LORRAINE C. MILLER, Mr. BOOZMAN. Madam Speaker, I week we will see the 2009 budget com- Clerk of the House. rise today to honor a young man be- ing before Congress for a final vote. In

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.000 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10695 the wisdom that only the City of Wash- Whereas up to 300 of the initial survivors of sissippi: The Sultana Explosion, April ington, D.C., can bestow, this budget the explosion later died from burns, hypo- 27, 1865.’’ In 2009, just in the last few borrows record-setting sums, raises thermia, or exposure; months, ‘‘Sultana: Surviving the Civil taxes, and spends taxpayer money at Whereas then Secretary of War Edwin M. War Prison and the Worst Maritime Stanton stated in his annual report for 1865 Disaster in American History,’’ by an unprecedented clip. This so-called that the loss of ‘‘over 1200 officers and sol- wisdom produced a budget that places diers—a loss greatly increased . . . by an im- Alan Huffman. ‘‘The Sultana Tragedy,’’ our children and grandchildren in a proper and unnecessary overloading of the Jerry Potter’s book, is printed by the state of perpetual servitude to the na- boat’’; Pelican Press, ‘‘Disaster on the Mis- tional debt and is a perverse sort of Whereas only one of the several individuals sissippi’’ by the Naval Institute Press, wisdom indeed. responsible for the conditions of the steamer and the most recent book, ‘‘Sultana,’’ This reality brings to mind some- or the overcrowding of the vessel which con- by the Smithsonian Press. thing that Thomas Jefferson penned in tributed to the tragedy and large loss of life Today, April 27, is another anniver- was ever prosecuted; and sary of these events. But why do most 1781. He said that ‘‘every government Whereas the disaster received little atten- degenerates when trusted to the rulers of us know more about the Titanic tion in the newspapers or magazines of the than the Sultana, even though more of the people alone. The people them- time and is scarcely remembered today: selves, therefore, are its only safe de- Now, therefore, be it died in the Sultana? The end of a hor- positories.’’ Resolved, That the House of Representa- rific war a few weeks before; the assas- The current conventional wisdom in tives— sination of Lincoln, his death; a new Washington of borrowing and spending (1) recognizes the 144-year anniversary of President; April 26, the night before doesn’t work for American families, the tragic accident of the steamboat ship SS the Sultana sank, John Wilkes Booth Sultana; was killed; a war-weary Nation trying and it won’t work for the Federal Gov- (2) honors the memory of the soldiers and ernment. to move on, tired of years of carnage. passengers who lost their lives in this dis- And one sad detail; most onboard the f aster; (3) regrets the lack of military and civilian Sultana were not prominent like some ANNOUNCEMENT BY THE SPEAKER oversight that led to the explosion and tre- of the folks on the Titanic. Most were PRO TEMPORE mendous loss of life; and enlisted Union soldiers recently re- The SPEAKER pro tempore. Pursu- (4) rededicates itself to honoring all our leased from the hells of POW camps. As ant to clause 8 of rule XX, the Chair veterans and military families with the high- Jerry Potter says, ‘‘Who remembers will postpone further proceedings est level of support in quality resources, the steerage passengers aboard the Ti- today on motions to suspend the rules equipment and services. tanic?’’ I do want to point out there on which a recorded vote or the yeas The SPEAKER pro tempore. Pursu- was one prominent American onboard and nays are ordered, or on which the ant to the rule, the gentleman from Ar- the Sultana, U.S. Senate-elect from Ar- vote incurs objection under clause 6 of kansas (Mr. SNYDER) and the gen- kansas, William D. Snow. rule XX. tleman from Louisiana (Mr. FLEMING) Now, there were certainly people on Record votes on postponed questions each will control 20 minutes. the east coast at that time that would will be taken after 6:30 p.m. today. The Chair recognizes the gentleman say the same thing Jerry Potter said, from Arkansas. ‘‘Who remembers the steerage pas- f GENERAL LEAVE sengers aboard the Titanic?’’ And so RECOGNIZING THE ANNIVERSARY Mr. SNYDER. Madam Speaker, I ask today we remind America and our- OF THE ACCIDENT OF SS SUL- unanimous consent that all Members selves with this resolution, and today TANA have 5 legislative days within which to in Memphis, right now a ceremony of Mr. SNYDER. Madam Speaker, I revise and extend their remarks on the remembrance is taking place. move to suspend the rules and agree to resolution under consideration. So what story needs to be told? What the resolution (H. Res. 329) recognizing The SPEAKER pro tempore. Is there was the Sultana? This picture was the the anniversary of the tragic accident objection to the request of the gen- last picture of this boat, and for many of the steamboat ship SS Sultana, as tleman from Arkansas? of the people who we see onboard this amended. There was no objection. ship right now, it was the last photo- The Clerk read the title of the resolu- Mr. SNYDER. Madam Speaker, I graph that was ever taken of them be- tion, as amended. yield myself such time as I may con- fore their death. The text of the resolution, as amend- sume. The Sultana was an 1863 paddle- ed, is as follows: Madam Speaker, American history is wheeled steamboat, modern and tough, a rich one when it comes to the Civil H. RES. 329 built to handle the Mississippi River at War. Unfortunately, not all events are flood stage day or night. Contracted in Whereas the explosion of the SS Sultana on April 27, 1865, is considered the worst mar- known or remembered as they ought to April 1865 to haul sick, emaciated, itime disaster in American history; be, and the tragic story of the Steam- weakened Union prisoners of war who Whereas the steamboat ship SS Sultana boat Sultana, lost April 27, 1865, is one had been in the prisoner of war camps exploded on the Mississippi River 7 miles of those events. Books can tell us the at Andersonville and Cahawba. And to north of Memphis, Tennessee, at 2:00 a.m.; story today. give you a sense of how weak and ema- Whereas roughly 1,800 of the 2,400 pas- Retelling the story one night in 1994, ciated they were, many of these men sengers lost their lives in the tragedy; author Jerry Potter, as an after-dinner had lost up to 100 pounds of weight. Whereas 2,000 passengers on the SS Sul- speaker on a modern Mississippi river- The pictures of them coming out of the tana at the time of the explosion were Union boat, brought to life the events of his camp were comparable to what we saw prisoners of war recently released from the Confederate Andersonville and Cahaba Pris- 1992 book, ‘‘The Sultana Tragedy: coming out of the death camps in Eu- on Camps in Alabama; America’s Greatest Maritime Dis- rope at the end of that war. Whereas several of the former prisoners of aster.’’ The boat was built to handle approxi- war were suffering from disease and extreme Each of the attendees, including me, mately 400 people; it was loaded with malnutrition caused by the overcrowded and at that very warm and comfortable perhaps 2,500. There were allegations of unsanitary conditions at the prison camps; banquet that night felt the horror as bribery amongst the steamboat compa- Whereas the explosion was presumed to we realized survivors and bodies alike nies trying to get government busi- have been caused by a defective boiler trying floated and bobbed down this very nesses. There were allegations of poor- to overcome the current of the Mississippi same Mississippi River on April 27, quality repair work done in Memphis. River; Whereas the enormous loss of life was at- 1865, the same place that we were bob- The whole issue of whether it was over- tributed to an overcrowded vessel caused in bing and having dinner that night. This crowded or overloaded continues to be part by poor oversight on behalf of the Union is Potter’s book. one that is discussed by historians, the commanding officers responsible for the re- Years later, other books have ap- difference being if something is over- lease of the prisoners of war; peared. In 1996, ‘‘Disaster on the Mis- crowded doesn’t necessarily mean that

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.000 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10696 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 27, 2009 the ship can’t handle the weight. And Investigations began immediately, sank just north of Memphis in the that was certainly the case with the but the survivors were never satisfied early hours of the morning. There were Steamboat Sultana; it could handle the that their story was ever told. 2,400 souls aboard when the ship’s boil- weight. Probably the best description of the ers exploded, blowing the overcrowded summary of why we need to remember steamboat apart and sending scores of b 1415 this comes from the Jerry Potter book. helpless passengers into the vast cur- He says: ‘‘To say that the explosion on rents of the Mississippi River. Trag- The other side of that argument is, board the Sultana was purely acci- ically, over 1,800 individuals lost their as you can tell from this picture, with dental or unpreventable does not take lives in what is now known to be the all the folks on top, it became top into account the irresponsible conduct worst maritime disaster in the United heavy, and there is one school of and criminal negligence that charac- States. And by comparison the Titanic, thought that says because it was so top terized the actions of an entire chain of which, of course, sank many years heavy, in fact, as the boat would ca- army command and the profit-making later, lost 1,500 lives, and, of course, reen back and forth in the flood stage schemes of various civilians. The Sul- that’s something that we have memori- of the Mississippi, it would have af- tana tragedy is much more than a alized for many years. It’s even worse fected the shifting waters in the boilers record of a steamboat. The deeper than Shiloh when 1,700 lives were lost that may have led to the boilers blow- record is one of greed and the lengths in 1 day. ing. to which men will go to achieve per- The Sultana had frequently been con- At approximately 11 p.m. the night of sonal gain, even if that gain means en- tracted by the War Department to April 26, it left Memphis. It went dangering the lives of others.’’ And carry troops up and down the river. On across the Mississippi River that at that’s the end of the quote from Jerry the day of the accident, its precious that point was about 4 miles wide at Potter’s book ‘‘The Sultana Tragedy.’’ cargo was nearly 2,000 Union prisoners flood stage. It went to Hopefield, Ar- March 4, 1931, a man named Pleasant and additional troops who had recently kansas, got a load of coal, pushed out Keeble died. He was the last known been released from the Confederate into the river. And when it was about 7 Sultana survivor. So now we no longer prison camps at the infamous Ander- miles north of Memphis in the river at learn from the survivors. We learn sonville and Cahawba. And, as I say, 300 2 a.m., the boilers blew. It was de- from Civil War historians and mari- or so of these were Active Duty per- scribed as this thunderous, thunderous time and military scholars. Today we sonnel along with the prisoners. This noise that was heard for miles, and remember a little bit and today we re- boat was legally registered to carry thus begins the horror. And, of course, solve ourselves a little. And the resolve only 376 personnel, and as you can see, there were no photographs, no on-site part of our resolution today says the it was about eight times overloaded. CNN news. What we see are depictions following: The SS Sultana left New Orleans, and of drawings of people trying to put to- ‘‘Resolved, that the House of Rep- during a routine stop at Vicksburg, the gether the recollections of survivors resentatives, one, recognizes the 144- former prisoners, who were anxious to about what it looked like. This is, by year anniversary of the tragic accident start their journey home, had crowded the way, the cover of the most recent of the steamboat ship SS Sultana; two, on board the steamboat in numbers far book by Alan Huffman, and that’s the honors the memory of the soldiers and above its normal capacity. While the drawing that’s on the cover of his passengers who lost their lives in this boat was at Vicksburg, it was discov- book. disaster; three, regrets the lack of ered that the boilers were leaking. But thus begins the horror: death and military and civilian oversight that led And, parenthetically, I have to men- injury by explosion and crash, death to the explosion and tremendous loss of tion that there were tremendous incen- and injury by scalding from the boilers, life; and, four, rededicates itself to tives on both sides to overcrowd this death and injury by fire that went on honoring all our veterans and military boat. First of all, the ship captains re- for hours, death and injury by drown- families with the highest level of sup- ceived $5 per head, which was quite a ing. These were weak, emaciated peo- port in quality resources, equipment bit of money in those days. And the ple who did not know how to swim or and services.’’ Army officers got a $1.15 kickback. were too weak to swim even if they This is one of those stories, Madam And, of course, the soldiers were just knew how to swim, in very cold waters Speaker. It’s a rich part of American out of Andersonville. They were tired. coming from the north. This was April history. Unfortunately, it is not as They wanted to go home. So everyone 27, springtime. The river was at flood well-known as it could be. We have not was obviously in favor of getting this stage, and those waters were cold learned the lessons from these events boat underway. Quick repairs were waters coming from the north. Death as well as we could. I commend this made. However, it was more or less and injury by hypothermia, death and resolution to the Members of the House patchwork rather than true repairs. injury weeks and months later by com- to vote on today and to vote for this Madam Speaker, as the Sultana plications of infection and other med- resolution to help in remembering. sailed past Memphis, a combination of ical challenges of those weakened by Madam Speaker, I reserve the bal- disastrous circumstances, including war who were unable to fight injury. ance of my time. poorly maintained boilers, the power- The boat had one lifeboat and it had 76 Mr. FLEMING. Madam Speaker, I ful current on the Mississippi, and the cork life preservers. yield myself such time as I may con- overcrowded conditions, led to the cat- There were probably about 1,800 dead. sume. astrophic explosion. Thankfully, hun- We will never know for sure. Most of Madam Speaker, first of all, I want dreds of the passengers survived pri- the Union POWs were from Ohio, to thank my colleague from across the marily through the help of other Michigan, Indiana, Kentucky, Ten- aisle, Dr. SNYDER from Arkansas, who steamboats in the area that rushed to nessee. There were many volunteers also is a physician. He’s interested in the scene. Most remarkable was the along the shore or on boats that par- this very interesting topic and the pas- willingness of the good people of Mem- ticipated in picking up survivors and sage of this very important resolution, phis to help the injured Union soldiers, bodies. One of those was John H. Res. 329. who just weeks before had been their Fogleman and his sons, Dallas and I rise in support of House Resolution enemy. Leroy, from Arkansas. They built a 329, recognizing the anniversary of the Sadly, Madam Speaker, although this raft of two logs and rescued people, six tragic accident of the steamboat ship was an enormous disaster in American and nine at a time, and then their SS Sultana, which occurred 144 years history, it remains relatively unknown home was turned into a temporary hos- ago today. because, remember, this happened in pital. The Fogleman family is still Madam Speaker, on April 27, 1865, the April 1865, a very special month. What very much in Arkansas and active in SS Sultana, a Mississippi River steam- happened in that month? Well, on April public affairs. powered paddle wheeler, exploded and 9 the Appomattox surrender occurred.

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.000 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10697 Then President Lincoln was assas- something to learn from our rich, rich Whereas ‘‘Celebrating People in Action’’ is sinated. Then on April 26 John Wilkes history from an event that we all may the recognition that every citizen can make Booth was arrested. And then, finally, not know enough about as we would a difference in their community by taking General Johnson surrendered and Jef- like. And I commend the books that I action through activities like building a ramp to ensure accessibility for people with ferson Davis was arrested. So you can mentioned to folks and to seek out disabilities, tutoring a child struggling to well see how such a remarkable trag- opinions about what occurred on April read, serving food at a homeless shelter, as- edy found itself in the back pages of 27, the anniversary today, in 1865 on sisting the unemployed with job readiness the local newspapers. the Mississippi River just north of skills, and many other services; and With that in mind, it is fitting today Memphis. Whereas National Volunteer Week provides for all of us Americans to remember Madam Speaker, I yield back the bal- a moment in time to honor all those who the tragic loss of over 1,800 souls on the ance of my time. serve locally, nationally and internationally SS Sultana that happened so many The SPEAKER pro tempore. The to change lives, rejuvenate communities, and embody the best of the American spirit years ago, and I, therefore, strongly question is on the motion offered by urge all Members to support this reso- of responsibility and civic engagement: Now, the gentleman from Arkansas (Mr. therefore, be it lution. SNYDER) that the House suspend the Resolved, That the House of Representa- Madam Speaker, I reserve the bal- rules and agree to the resolution, H. tives— ance of my time. Res. 329, as amended. (1) supports the goals and ideals of Na- Mr. SNYDER. Madam Speaker, at The question was taken. tional Volunteer Week; this time I have no further requests for The SPEAKER pro tempore. In the (2) recognizes the critical role of our na- time, and I continue to reserve the bal- tional and community service programs; opinion of the Chair, two-thirds being ance of my time. (3) honors the contributions of all those in the affirmative, the ayes have it. Mr. FLEMING. Madam Speaker, I hard-working American volunteers who yield myself such time as I may con- Mr. SNYDER. Madam Speaker, on make a difference in their communities sume for a closing statement. that I demand the yeas and nays. every day of the year; and Madam Speaker, this, as I said, is a The yeas and nays were ordered. (4) invites all Americans to answer the call to serve through volunteerism in any form. remarkable event in history, and, quite The SPEAKER pro tempore. Pursu- frankly, until recently I was unaware ant to clause 8 of rule XX and the b 1430 Chair’s prior announcement, further of it, and I, among many others, am a The SPEAKER pro tempore. Pursu- Civil War buff. And it happened be- proceedings on this motion will be postponed. ant to the rule, the gentleman from the tween my two home States, Louisiana Northern Mariana Islands (Mr. SABLAN) and Mississippi. So I appreciate very f and the gentleman from Wisconsin (Mr. much that this has been brought to SUPPORTING THE GOALS AND PETRI) each will control 20 minutes. light and that we can learn more about IDEALS OF NATIONAL VOLUN- The Chair recognizes the gentleman it and certainly recognize it for the fu- TEER WEEK from the Northern Mariana Islands. ture. GENERAL LEAVE I do want to point out, however, that Mr. SABLAN. Madam Speaker, I Mr. SABLAN. Madam Speaker, I re- this turned out to be an example to move to suspend the rules and agree to quest 5 legislative days during which some extent of unfettered greed; that the resolution (H. Res. 335) supporting Members may revise, extend and insert is, that there was no control over the the goals and ideals of National Volun- extraneous materials on House Resolu- captain of the ship as well as Army of- teer Week. tion 335 into the RECORD. ficers. They were in it for profit, and I The Clerk read the title of the resolu- The SPEAKER pro tempore. Is there think they took advantage of the poor tion. objection to the request of the gen- Union soldiers who were coming out of The text of the resolution is as fol- tleman from the Northern Mariana Is- desperate situations and so desperately lows: lands? wanted to go home. So I think that’s a H. RES. 335 There was no objection. lesson we can learn for the future, that Whereas National Volunteer Week will be Mr. SABLAN. Madam Speaker, I we need to put our own individual in- observed during the week of April 19 through yield myself as much time as I may terests at hand and look out for the April 25, 2009; consume. better good of all. Whereas National Volunteer Week honors I rise today in support of House Reso- With that, Madam Speaker, I yield the nationwide impact of volunteers in every lution 335, which supports the ideals back the balance of my time. day American communities; and goals of National Volunteer Week. Mr. SNYDER. Madam Speaker, I ap- Whereas the theme of this year’s National People who volunteer and engage in preciate the leadership of my colleague Volunteer Week is ‘‘Celebrating People in community service play a vital role in Action’’, which recognizes individuals who on this event. dedicate themselves to taking action and neighborhoods across the country. Na- These House resolutions, we know solving problems in their communities; tional Volunteer Week invites all today that we’re not passing a statute, Whereas National Volunteer Week has Americans to give back to the commu- we’re not changing a law, we’re not been an annual celebration since 1974 and nity in some form of service. creating a memorial. What we are try- every President since that time has signed a Last week, President Obama signed ing to do is call attention to what we proclamation honoring National Volunteer into law the Edward M. Kennedy Serve believe is a very significant event in Week; America Act. The law recognizes the our Nation’s history. And to the fami- Whereas many State and local officials necessary role volunteerism and serv- lies and relatives of the folks who were from around the country have actively en- ice play in our country and creates gaged their communities in celebrating Na- lost or survived the sinking of the Sul- tional Volunteer Week; 175,000 new service opportunities over tana, to the day they died, they regret- Whereas data from the Corporation for Na- the next several years. Through four ted that their country did not pay tional and Community Service shows that new service corps, the Serve America more attention to what happened. So 61,803,000 volunteers dedicated 8,003,840,108 Act will engage volunteers to work in there are lessons to be learned. hours of service to community organizations their communities in the areas of As we are doing this right now on the in 2008; health, education, green work and pro- floor of the House, in Memphis there is Whereas volunteers can play a critical role grams to support veterans and their an event going on recognizing this in helping struggling nonprofit organizations families. event. I want to call attention to my with fundraising, directing services to indi- Today, more than 400,000 individuals viduals and communities in need, and other have volunteered through AmeriCorps, colleague, Congressman STEVE COHEN, skill-based assistance; as a cosponsor of our resolution from Whereas nonprofit organizations are re- one of the largest national service pro- Memphis. porting an increase in the number of inquir- grams working in local communities So it is just another thing that we ies from both baby boomers and young peo- across the Nation. Whether it’s tutor- can do to say, hey, America, there is ple who are ready to serve our Nation; ing children in after-school programs,

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.000 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10698 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 27, 2009 cleaning up parks or serving food to Volunteerism is a way for Americans urge all Americans especially those living in the homeless, volunteers answer unmet to connect to their communities, learn the 18th Congressional district to participate in needs by partnering with nonprofit or- more about the problems facing their this national week of service. Madam Speaker ganizations, schools, faith-based and communities and to simply make a dif- I urge my colleagues to support H. Res. 335, community agencies to volunteer their ference. observing the week of April 19–25 as National services in local communities. Amaz- This week we salute all volunteers Volunteer Week. Also I urge all Americans to ingly, seniors working as part of the and national service program partici- get out and participate in the many volunteer Senior Corps have generated more than pants for their powerful impact, and we opportunities to take place across the nation. 1 billion volunteer service hours. thank all community partners who Mr. PETRI. I yield back the balance Schools are also working to increase make these efforts possible and bring of my time. service opportunities in the commu- more Americans into service. Mr. SABLAN. Madam Speaker, I also nities. More than 1 million high school I want to take this opportunity to encourage all my colleagues to support students participate in service-learning thank my colleagues, Mr. PLATTS, Ms. House Resolution 335. programs in their schools. MATSUI and Mr. PRICE for introducing I yield back the balance of my time. On a national level, volunteers have this resolution, and I ask my col- The SPEAKER pro tempore. The helped America alleviate some of its leagues to support this resolution. question is on the motion offered by most pressing problems. During 9/11, Ms. JACKSON-LEE of Texas. Madam the gentleman from the Northern Mar- millions of volunteers responded in our Speaker, I rise today in strong support of H. iana Islands (Mr. SABLAN) that the country’s time of need through their Res. 335, ‘‘Supporting the goals and ideals of House suspend the rules and agree to churches, schools and oftentimes as in- National Volunteer Week’’. I would like to the resolution, H. Res. 335. dividuals wanting to help their neigh- thank my colleague TODD PLATTS for intro- The question was taken. bor. More recently, over 80,000 volun- ducing this legislation. H. Res 335 moves to The SPEAKER pro tempore. In the teers traveled to Fargo, North Dakota, observe the week of April 19 through April 25, opinion of the Chair, two-thirds being to fill sandbags, strengthen levees and 2009 as National Volunteer Week. in the affirmative, the ayes have it. help flood victims evacuate their President Obama throughout his campaign Mr. SABLAN. Madam Speaker, I ob- homes. When the call is sounded, this for President and through the first 100 days of ject to the vote on the ground that a Nation’s citizens rally together to his administration has sent a steady reminder quorum is not present and make the begin the rebuilding that is needed. to the American people that the Government point of order that a quorum is not National Volunteer Week recognizes cannot solve all of their problems for them. He present. the critical role volunteers play in has encouraged Americans to get out and try The SPEAKER pro tempore. Pursu- their communities. This week honors to impact their own communities through acts ant to clause 8 of rule XX and the their hard work and contributions. of volunteerism. The President himself along Chair’s prior announcement, further I want to thank Congressman PLATTS with the help of former President Clinton and proceedings on this motion will be for bringing this resolution forward local D.C. children were seen planting trees postponed. and reminding us of the importance of for earth day. The first lady along with multiple The point of no quorum is considered volunteerism. spouses of congressional members has volun- withdrawn. Madam Speaker, I urge my col- teered in multiple kitchens serving food to f leagues to support this resolution. members of the community. This administra- I reserve the balance of my time. tion is showing clear signs that it is not only COMMENDING THE UNIVERSITY OF Mr. PETRI. Madam Speaker, I yield going to call upon the American people for ac- CONNECTICUT WOMEN’S BASKET- myself such time as I may consume. tion, but are clearly prepared to join them in BALL TEAM I rise in support of House Resolution their own community. Mr. SABLAN. Madam Speaker, I 335, a resolution supporting the goals Just last week, President Obama and this move to suspend the rules and agree to and ideals of National Volunteer Week. new administration took another giant step to- the resolution (H. Res. 344) com- Throughout the history of the United ward encouraging and helping the American mending the University of Connecticut States, Americans have valued an ethic people to be active in their communities with Huskies for their historic win in the of service. Citizens have come together the passage of, ‘‘The Edward M. Kennedy 2009 National Collegiate Athletic Asso- to support our troops, educate our chil- Serve America Act’’. This landmark law re- ciation Division I Women’s Basketball dren or work to ensure that less fortu- cruits an army of 250,000 per year to engage Tournament. nate individuals have a place to live. in intensive service, and it focuses its work on The Clerk read the title of the resolu- All of these activities support the today’s challenges, including clean energy, tion. theme of this year’s National Volun- education, health, veterans care, and eco- The text of the resolution is as fol- teer Week, ‘‘Celebrating People in Ac- nomic opportunity. It creates new service op- lows: tion.’’ This week gives us an oppor- portunities for seniors, baby boomers, and H. RES. 344 tunity to recognize those individuals young adults, and improves service learning in Whereas, on April 7, 2009, the University of who serve their country, not only our schools. The law also creates a Social In- Connecticut Huskies defeated the University through the military or through na- novation Fund. This fund looks for new ideas of Louisville Cardinals 76 to 54 in the final tional service programs run by the Cor- in communities and leverages private, non- game of the NCAA Division I Women’s Bas- poration for National and Community profit, and faith based support to invest in ketball Tournament in St. Louis, Missouri; Service, but also those individuals who local innovation. The fund also allows us to Whereas the Huskies were undefeated with are donating their time to serve their test the impact of new ideas and expand suc- a record of 39–0, defeating each of their oppo- local communities. cessful programs to scale. Volunteering pro- nents by more than double digits; Just last week our President signed Whereas the Huskies were undefeated for vides the opportunity to join and better a com- the third time since 1994–1995; the latest reauthorization of the na- munity. Every American who volunteers can Whereas the Huskies have won 6 national tional service programs. This bill was become an integral part of a school, a hos- titles, second most in NCAA Division I wom- crafted through a bipartisan process in pital, or a neighborhood. Those who give their en’s basketball history; both the House and the Senate and time, join our Nation’s proud history of service Whereas sophomore forward Maya Moore builds on the reforms and the corpora- and helps preserve this tradition for genera- was chosen as the Naismith Award winner, tions stated by the previous adminis- tions ahead. During National Volunteer Week, Wooden Award Winner, State Farm Wade tration to ensure additional account- we express heartfelt thanks to all who have Trophy Winner, United States Basketball ability in national service programs. Writers Association player of the year, and worked hard in this effort, and we urge more Associated Press player of the year; The bill will help smaller organizations Americans to reach out and meet the manifold Whereas senior Point Guard Renee Mont- participate in national service and en- unmet needs of fellow Americans. gomery was chosen as the Nancy Lieberman sure that the unique skills of Amer- Many events are planned around the nation, award winner given to the Nation’s top point ica’s veterans are utilized. including numerous in the Houston area. I guard;

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.000 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10699 Whereas sophomore forward Maya Moore, championship game, and solidified the senior point guard Renee Montgomery senior point guard Renee Montgomery, and Huskies as the only women’s team in and sophomore forward Maya Moore. junior center Tina Charles were chosen as the NCAA Division I history, men’s or Montgomery was chosen as the Nancy State Farm First Team All-Americans; women’s, to win every game of the sea- Lieberman Award winner given to the Whereas junior center Tina Charles was chosen as the Women’s Final Four Most Val- son by 10 points or more. Nation’s top point guard, and Moore uable Player; Louisville, finishing second to UConn was chosen as the Naismith Award win- Whereas sophomore forward Maya Moore, in the Big East Conference Tour- ner, Wooden Award winner, State Farm senior point guard Renee Montgomery, and nament, and regular season as well, Wade Trophy winner, United States junior center Tina Charles were chosen as had a remarkable season of its own. Basketball Writers Association Player members of the Final Four First All Tour- The Cardinals finished the season 34–5, of the Year and Associated Press Play- nament Team; ranked as the number two team in the er of the Year. Whereas coach Geno Auriemma was chosen Nation. The Cardinals knocked off two While these two players were recog- as the Associated Press Coach of the Year; number one seeds in their notable run nized for their outstanding play, the Whereas the University of Connecticut to the NCAA championship game and Women’s Basketball program has a 100 per- championship run was a shining exam- cent graduation rate among 4-year players, spent much of the season ranked in the ple of teamwork. The national acco- representing the team’s commitment to top 10. lades bestowed upon this team can only achievement in the classroom as well as on I want to extend my congratulations be attributed to Head Coach Geno the court; to Head Coach Geno Auriemma, who Auriemma. Coach Auriemma has re- Whereas each player, coach, athletic train- led the Huskies to their sixth national fined the meaning of success in college er, and staff member of the University of championship during his tenure and basketball in his 23 years as head coach Connecticut Huskies dedicated their season was named the Naismith Coach of the of UConn. and their tireless efforts to their perfect Year for the sixth time. Since arriving record and the NCAA championship; and During his illustrious tenure, Coach at UConn in 1985, Coach Auriemma has Auriemma has transformed the Univer- Whereas residents of Connecticut and led the Huskies to 13 seasons with 30 or Huskies fans worldwide are to be commended sity of Connecticut program into the for their longstanding support, perseverance, more wins. Associate Head Coach Chris standard that all others are measured and pride in this team: Now, therefore, be it Dailey and Assistant Coaches Jamelle by, both on and off the court. Under his Resolved, That the House of Representa- Elliott and Shea Ralph round out the guidance, the Huskies have been trans- tives— coaching team. formed from a program with only one (1) commends the University of Con- Congratulations are also noted for winning record to its credit to its cur- necticut Huskies for their historic win in the Tina Charles of Jamaica, New York, rent state, which includes six national 2009 National Collegiate Athletic Association and Renee Montgomery of St. Albans, championships, nine Final Fours and 16 Division I Women’s Basketball Tournament; West Virginia. Charles, who scored 25 (2) recognizes the achievements of the Big East regular season and 14 Big East points and pulled down 19 rebounds in players, coaches, students, and support staff tournament titles since his arrival in the championship game, was named the who were instrumental in the Huskies’ vic- 1985. most outstanding player of the Final tory; and While athletic success is what brings Four. Montgomery received the Honda (3) directs the Clerk of the House of Rep- us here today, we should take time to resentatives to transmit a copy of this reso- Award, which designates the Nation’s highlight academics as well. The Uni- lution to University of Connecticut Presi- top female athlete in basketball. dent Michael Hogan and head coach Geno This remarkable season adds another versity of Connecticut is the State’s Auriemma for appropriate display. victory to UConn’s storied history in flagship institution of higher learning. The SPEAKER pro tempore. Pursu- NCAA women’s basketball. The Univer- It was founded in 1881 as the Storrs Ag- ant to the rule, the gentleman from the sity of Connecticut women’s basketball ricultural School and became the Uni- Northern Mariana Islands (Mr. SABLAN) program is known for excellence. Al- versity of Connecticut in 1939. and the gentleman from Wisconsin (Mr. most annually the Huskies are ex- UConn is a research intensive univer- PETRI) each will control 20 minutes. pected to and do serve as legitimate sity, a prestigious designation shared The Chair recognizes the gentleman basketball championship contenders. by only the Nation’s top higher edu- from the Northern Mariana Islands. I would like to thank my fellow com- cation institutions. They have more GENERAL LEAVE mittee member, Joe Courtney, for than 70 focused research centers where Mr. SABLAN. Madam Speaker, I re- bringing this resolution to the floor. faculty, graduate students and under- quest 5 legislative days during which Once again, I congratulate the Univer- graduates explore everything from im- Members may revise, extend and insert sity of Connecticut for their success, proving human health to enhancing extraneous material on House Resolu- and I urge my colleagues to support public education and protecting the tion 344 into the RECORD. this resolution. country’s national resources. The SPEAKER pro tempore. Is there I reserve the balance of my time. I extend my congratulations to the objection to the request of the gen- Mr. PETRI. Madam Speaker, I yield University of Connecticut President tleman from the Northern Mariana Is- myself such time as I may consume. Michael Hogan, Athletic Director Jef- lands? I rise today to join in supporting frey Hathaway, Head Coach Geno There was no objection. House Resolution 344, commending the Auriemma and his staff, the hard- Mr. SABLAN. Madam Speaker, I University of Connecticut Huskies for working players and, obviously, the yield myself as much time as I may their historic win in the 2009 National fans. consume. Collegiate Athletic Association Divi- I wish all continued success and ask I rise today to congratulate the Uni- sion I Women’s Basketball Tour- my colleagues to support this resolu- versity of Connecticut’s women’s bas- nament. tion. ketball team for their victory in the On April 7 of this year, the Univer- I yield back the balance of my time. 2009 NCAA Division I tournament. sity of Connecticut Huskies defeated Mr. SABLAN. Madam Speaker, I On April 7, women’s basketball fans the University of Louisville Cardinals would like to thank the good gen- were treated to an exceptional game as 76–54 in the final game of the NCAA Di- tleman from Wisconsin for supporting the University of Connecticut defeated vision I Women’s Basketball Tour- House Resolution 344. the University of Louisville. UConn nament in St. Louis, Missouri, to cap- I yield back the balance of my time. battled through six ties and seven lead ture the school’s sixth national title. The SPEAKER pro tempore. The changes on their way to a comfortable In the season, the Huskies remained question is on the motion offered by 76–54 victory over third-seed Louisville, undefeated with a record of 39–0, de- the gentleman from the Northern Mar- capping an undefeated 39–0 season for feating each of their opponents by dou- iana Islands (Mr. SABLAN) that the the Huskies. ble digits. House suspend the rules and agree to The 22-point victory was the second The Huskies’ success was, in large the resolution, H. Res. 344. largest in an NCAA women’s basketball part, due to the outstanding play of The question was taken.

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.000 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10700 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 27, 2009 The SPEAKER pro tempore. In the Resolved by the House of Representatives (the The committed individuals who nur- opinion of the Chair, two-thirds being Senate concurring), That the Congress sup- ture and teach these young children in the affirmative, the ayes have it. ports the goals and ideals of National Early are undervalued despite the impor- Mr. SABLAN. Madam Speaker, I ob- Educator Worthy Wage Day, and urges pub- tance of their work. Children begin to ject to the vote on the ground that a lic officials and the general public to honor early childhood care and education staff and learn at birth, and the quality of care quorum is not present and make the programs in their communities and to work they receive will affect their language, point of order that a quorum is not together to resolve the early childhood edu- development, math skills, behavior and present. cation staff compensation crisis. general readiness for school. The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. Pursu- The grossly inadequate level of wages ant to clause 8 of rule XX and the ant to the rule, the gentlewoman from for childcare staff, roughly $18,917 a Chair’s prior announcement, further New York (Mrs. MCCARTHY) and the year, has made it hard to attract and proceedings on this motion will be gentleman from Wisconsin (Mr. PETRI) retain high quality early childhood postponed. each will control 20 minutes. caretakers and educators. The turnover The point of no quorum is considered The Chair recognizes the gentle- rate for childcare providers is 30 per- withdrawn. woman from New York. cent a year. This high turnover rate f GENERAL LEAVE interrupts consistent and stable rela- b 1445 Mrs. MCCARTHY of New York. tionships that children need to have Madam Speaker, I request 5 legislative with their caregivers. SUPPORTING THE GOALS AND days during which Members may revise I join in recognizing the importance IDEALS OF A NATIONAL EARLY and extend their remarks and insert of the work early childhood profes- EDUCATOR WORTHY WAGE DAY extraneous material on H. Con. Res. 99 sionals do and the need to increase Mrs. MCCARTHY of New York. into the RECORD. their compensation accordingly. The Madam Speaker, I move to suspend the The SPEAKER pro tempore. Is there Nation’s childcare work force, and the rules and agree to the concurrent reso- objection to the request of the gentle- families who depend on them, deserve lution (H. Con. Res. 99) supporting the woman from New York? our support. goals and ideals of a National Early There was no objection. Madam Speaker, I reserve the bal- Educator Worthy Wage Day. Mrs. MCCARTHY of New York. ance of my time. The Clerk read the title of the con- Madam Speaker, I yield myself such Mr. PETRI. Madam Speaker, I yield current resolution. time as I may consume. myself such time as I may consume. The text of the concurrent resolution Madam Speaker, I rise today to sup- Madam Speaker, I rise in support of is as follows: port House Concurrent Resolution 99, House Concurrent Resolution 99, sup- H. CON. RES. 99 which recognizes May 1 as National porting the goals and ideals of a Na- Whereas approximately 60 percent of the Early Educator Worthy Wage Day and tional Early Educator Worthy Wage Nation’s children under 6 are in nonparental urges public officials and the general Day. care during part or all of the day while their public to honor early childhood care Over 11 million children under age 5 parents work; staff and programs in their commu- spend an average of 36 hours a week in Whereas the early childhood industry em- nities. nonparental care settings. Over 40 per- ploys more than 2,300,000 workers; cent of children are in some form of Whereas the average salary of early care Early childhood educators are among and education workers is $18,917 per year, the lowest paid professions in edu- nonparental care by the age of 1, and and only 1⁄3 have health insurance and even cation. More and more parents are tap- approximately 60 percent of the Na- fewer have a pension plan; ping into early childhood education tion’s children under the age of 6 are in Whereas the quality of early care and edu- programs to meet their daycare needs nonparental care during part or all the cation programs is directly linked to the and find the best opportunities to help day while their parents work. quality of early childhood educators; their children get ready for their aca- Parents place children in a variety of Whereas the turnover rate of early child- demic careers. care settings, including informal, cen- hood program staff is roughly 30 percent per We place a lot of trust in early child- ter-based and school-based environ- year, and low wages and lack of benefits, among other factors, make it difficult to re- hood educators to take care of the ments. The majority of children re- tain high quality educators who have the most vulnerable among us and charge main in traditional childcare settings consistent, caring relationships with young them with great responsibilities to funded by a variety of sources, but a children that are important to children’s de- care for and to educate our children. growing number are participating in velopment; Early childhood educators are highly private and State-funded prekinder- Whereas the compensation of early child- skilled workers who are, unfortu- garten programs. To date, 39 States hood program staff should be commensurate nately, rarely compensated at levels and the District of Columbia have de- with the importance of the job of helping the that are consistent with their skill and signed, implemented and funded their young children of the Nation develop their social, emotional, physical, and cognitive work ethic. own prekindergarten programs on a skills, and to help them be ready for school; This resolution asks Congress to large scale, compared to only seven Whereas providing adequate compensation honor early childhood educators and States in 1980. to early childhood program staff should be a programs in their communities and to I support programs to promote early priority, and resources may be allocated to work to resolve the early childhood childhood education and efforts to en- improve the compensation of early childhood education staff compensation crisis. sure that our children are better pre- educators to ensure that quality care and Adequate compensation to early child- pared to enter kindergarten. The qual- education are accessible for all families; hood workers should be a priority and ity of early childhood education can be Whereas additional training and education linked to the quality of our early child- for the early childhood workforce is critical they should receive compensation con- to ensuring high-quality early learning envi- summate with such training and expe- hood educators. Allowing for additional ronments; rience. training and education for the early Whereas early childhood educators should Every day, approximately 60 percent childhood workforce is important to receive compensation commensurate with of children under the age of six are ensure high-quality early learning en- such training and experience; and cared for outside the home so that vironments. Whereas the Center for the Child Care their parents can work. President Today, I rise with my colleagues to Workforce, a project of the American Fed- Obama has spoken extensively about urge public officials and the general eration of Teachers Educational Foundation, the need to further expand early edu- public to honor early childhood care with support by the National Association for the Education of Young Children and other cation and childcare programs, includ- and education staff and programs in early childhood organizations, recognizes ing his proposal to include an early their communities on May 1. I stand in May 1 as National Early Educator Worthy learning challenge grant initiative to support of this resolution, and ask my Wage Day: Now, therefore, be it promote quality care. colleagues’ support.

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.000 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10701 I have no requests for time and yield nity-based prevention services can reduce, of four. Over half of the child fatalities back the balance of my time. improving the lives and prospects of thou- were a year or younger. These statis- Mrs. MCCARTHY of New York. sands of children and families; and tics, of course, are only cases of child Madam Speaker, I ask all of my col- Whereas observing National Child Abuse maltreatment which have been re- Prevention Month during the month of April leagues to support H. Con. Res. 99. May provides a special opportunity to raise ported to police or social services. I say that working with early educator awareness about the serious threat that This month is a time not only to teachers, they are terrific, and if we child abuse and neglect poses to our Nation’s spread awareness of maltreatment, but are going to have a strong Nation for children: Now, therefore, be it also to recognize those organizations the future, we must give them the rec- Resolved, That the House of Representa- dedicated to preventing child abuse and ognition they deserve. tives— neglect. Madam Speaker, I ask that all my (1) supports the observance of National I would like to thank Representative colleagues support H. Con. Res. 99. Child Abuse Prevention Month in order to GRANGER for bringing this bill to the Madam Speaker, I yield back the bal- increase awareness of child maltreatment floor. I urge my colleagues to take this and encourage individuals and communities ance of my time. serious issue into consideration and to to support children and families; support this measure and set aside The SPEAKER pro tempore. The (2) recognizes and applauds the national question is on the motion offered by and community organizations for their work time to create awareness of child mal- the gentlewoman from New York (Mrs. in promoting awareness about child mal- treatment. MCCARTHY) that the House suspend the treatment including identifying risk factors I reserve the remainder of my time. rules and agree to the concurrent reso- and developing prevention strategies; and Mr. PETRI. Madam Speaker, I yield lution, H. Con. Res. 99. (3) urges families and individuals to report myself such time as I may consume The question was taken; and (two- abuse or get help by calling the National and rise today in support of H. Res. 337, thirds being in the affirmative) the Child Abuse Hotline at 1–800–4–A–Child (1– recognizing the month of April as Na- 800–422–4453). rules were suspended and the concur- tional Child Abuse Prevention Month. rent resolution was agreed to. The SPEAKER pro tempore. Pursu- Recognizing Child Abuse Prevention A motion to reconsider was laid on ant to the rule, the gentleman from the Month allows us to help to raise aware- the table. Northern Mariana Islands (Mr. SABLAN) ness of the tragic circumstances of and the gentleman from Wisconsin (Mr. abuse and neglect that many of our Na- f PETRI) each will control 20 minutes. tion’s children face every day. Recog- SUPPORTING THE OBSERVANCE OF The Chair recognizes the gentleman nizing this month also highlights the NATIONAL CHILD ABUSE PRE- from the Northern Mariana Islands. importance of the prevention and VENTION MONTH GENERAL LEAVE awareness of child abuse, so that chil- Mr. SABLAN. Madam Speaker, I Mr. SABLAN. Madam Speaker, I re- dren can live safely and securely, free move to suspend the rules and agree to quest 5 legislative days during which from abuse. It is important that each of us knows the resolution (H. Res. 337) supporting Members may revise and extend and in- how we can help prevent and stop ongo- the observance of National Child Abuse sert extraneous material on House Res- ing child abuse. Understanding the Prevention Month, and for other pur- olution 337 into the RECORD. causes of child abuse, learning to iden- poses. The SPEAKER pro tempore. Is there tify the warning signs that a child is The Clerk read the title of the resolu- objection to the request of the gen- being abused, reporting any known or tion. tleman from the Northern Mariana Is- suspected case of child abuse, being a The text of the resolution is as fol- lands? friend to a child or parent in need and lows: There was no objection. alerting others to the problem are all H. RES. 337 Mr. SABLAN. Madam Speaker, I ways adults and other children can Whereas, according the most recent annual yield myself such time as I may con- help prevent, and stop, child abuse. estimates, State and local child protective sume. Child abuse may include physical services investigated nearly 5,800,000 children Madam Speaker, I rise today in sup- in the United States who were reported to be abuse, neglect, sexual abuse and emo- port of House Resolution 337, which in- tional abuse. In many cases, children abused or neglected in 2007; creases awareness of child maltreat- Whereas, according the most recent annual are the victims of multiple forms of estimates, 1,760 children died in the United ment and urges communities to sup- abuse. In 2007, approximately 794,000 States in 2007 from abuse and neglect; port children and families. Every April, children were found to be victims of Whereas, according the most recent annual the President issues a proclamation for some form of child maltreatment. estimates, 794,000 children in the United National Child Abuse Prevention Child abuse prevention not only pro- States were confirmed by protective services Month, and at the same time, he re- tects the Nation’s children from years as being victims of child maltreatment in leases the previous year’s data on child 2007; of physical, mental and emotional abuse and neglect. Last year’s data was scars, it also lessens the costs associ- Whereas 59 percent of the children were very unsettling. classified as victims of child neglect; ated with child abuse and enables fund- Whereas 4.2 percent of the children were In 2007, State and local child protec- ing to be used to assist children in classified as victims of psychological mal- tive services investigated nearly 5.8 other ways. treatment; million cases of child abuse or neglect. In 2007, child abuse had an estimated Whereas 7.6 percent of the children were Out of these cases, protective services total annual cost of almost $104 billion classified as victims of sexual abuse; confirmed that 794,000 children were in direct and indirect costs. Whereas 10.8 percent of the children were victims of maltreatment in 2007. Of the In 1974, the Child Abuse Prevention classified as victims of physical abuse; nearly 800,000 cases in 2007, 59 percent and Treatment Act was enacted to ad- Whereas 1 percent of the children were of them were classified as child ne- classified as victims of medical maltreat- dress the issue of child abuse and ne- ment; glect, 4.2 percent of cases involved psy- glect in this country and to underscore Whereas 13.1 percent of the children were chological mistreatment, 7.6 percent the importance of assisting children in classified as victims of multiple involved sexual abuse, 10.8 percent of abusive situations. Through this act, maltreatments; the victims suffered physical abuse, States receive grants to help with their Whereas more than three-quarters of the and 13.1 percent of the children suffered child protective service functions, im- children who died due to child abuse and ne- from multiple mistreatments. prove investigation and prosecution of glect were younger than four years old; The reports of child deaths from child maltreatment, and to assist com- Whereas these figures represent only re- abuse and neglect are even more star- ported cases of abuse, many cases are not re- munity-based family resource and sup- ported to police or social services; tling. An estimated 1,760 children died port services. Whereas child abuse and neglect have great in 2007 as a result of abuse and neglect. April was first declared Child Abuse long-term costs for children, families, and Of these children who died, a dis- Prevention Month by presidential proc- society which timely and effective commu- turbing 75 percent were under the age lamation in 1985 by President Reagan.

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.000 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10702 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 27, 2009 Since then, in the month of April, child her great work as an undergraduate. las with forty-two separate skeletal injuries, abuse and neglect awareness and pre- And she, along with Renee Mont- damage, to his brain and spinal cord, and nu- vention efforts are promoted through- gomery, who’s also graduating this merous skin injuries that included human bite out the country. year, again, is someone who excelled, marks. David was recently removed from life As members of school systems, neigh- not only on the basketball court, but support, but his prognosis remains uncertain. borhoods, families and communities, also in the classroom. Children like David and Darlene deserve so all of us can help to prevent child Speaking of perfection, in the 24 much better. abuse and neglect. Child Abuse Preven- years of the UConn women’s basketball Observing National Child Abuse Prevention tion Month provides us with an oppor- program, they have had a 100 percent Month Provides us with the opportunity to tunity to work together to keep chil- graduation rate for the women who highlight their stories, which demonstrate the dren safe and to lend families the sup- have been part of that team. And in importance of doing more to prevent child port that they need to raise happy chil- many respects, at a time when, unfor- abuse and maltreatment. dren in a safe and secure home. tunately, college athletics has been Increasing public awareness of how impor- This is why I stand in support of this somewhat dominated by the power and tant it is to ensure the safety and welfare of resolution and ask for my colleagues’ might of money and big money, the children led to the passage of the first federal support. fact that we have a program which child protection legislation—the child abuse Mr. Speaker, I yield back the balance truly embodies the ideal of student prevention and treatment act in 1974. of my time. athletes, like the UConn women’s bas- In the thirty-five years since, advocacy Mr. SABLAN. Madam Speaker, I am ketball team, is something that not groups across the country have been hard at pleased to yield 5 minutes to the gen- only the State of Connecticut but real- work to raise awareness regarding child mal- tleman from Connecticut (Mr. COURT- ly our whole country can be proud of. treatment. NEY). As a parent of a young, 14-year-old And social workers and child protective Mr. COURTNEY. Madam Speaker, daughter, to be able to turn on the TV service workers across the country have dedi- first of all I want to thank the gen- for sports or ESPN News Center and cated countless hours to children who have tleman from the Northern Mariana Is- say, this is not just a guy show, it’s been abused and neglected. lands for yielding and also salute him also about women who can go out and One such dedicated child protective serv- for his leadership on this important excel at sports, they have provided a ices employee in Texas is Debbie resolution, which is something as a Na- role model that, I think, has trans- Pendergrass. tion we just cannot stop in terms of all formed athletics, again, for our whole Debbie admits to ‘‘fretting virtually nonstop efforts to make sure that we eradicate country, for boys and girls, for young about her charges.’’ She provides the one child abuse. men and young women. And we are so constant for the children she works with who But my purpose for standing up, proud of this team in the State of Con- often get moved around from one foster home Madam Speaker, is to speak in support necticut. And it’s a special day with to another. of a resolution which was earlier dis- them being recognized at the White When Debbie visited a toddler born to a thir- cussed, H. Res. 344, recognizing the House. And I certainly hope that, as a teen-year-old girl in foster care, Tarrant Coun- great accomplishment of the UConn body today, we will recognize their ac- ty foster parents James and Glenda Pell Women Huskies. complishment by adopting H. Res. 344. praised her professionalism. The Pells said My excuse for speaking out of order And, again, I thank the Speaker and there have been times during six years and a is actually I just left the White House, the gentleman for allowing me to dozen foster children when they couldn’t reach where our country’s number one bas- speak out of turn and share these re- their CPS worker. But with Debbie, they have ketball fan, President Barack Obama, marks which are so important to the someone who responds quickly and moves welcomed the Women Huskies, and people back home. the bureaucratic machinery forward. again in a wonderful ceremony recog- Ms. GRANGER. Madam Speaker, I rise In Texas, and in states across this country, nized the incredible achievement of an today to speak in support of my resolution rec- child protective service caseworkers face an undefeated season and a national ognizing the observance of April as National increasing workload. championship. Child Abuse Prevention Month. In 2007, state and local protective services Madam Speaker, Vince Lombardi, I’d like to thank my colleagues JANICE SCHA- investigated nearly 5.8 million children who the great football coach for the Green KOWSKY of Illinois, GWEN MOORE of Wisconsin, were reported as abused or neglected. The Bay Packers, said, ‘‘Perfection is not JOE COURTNEY of Rhode Island, and JIM Texas Department of Child Protective Services attainable, but if we chase perfection, MCDERMOTT of Washington for their support where Debbie works as a caseworker has im- we may catch excellence.’’ and for their work on child welfare issues. proved its caseload, but still needs to hire Child abuse and neglect is a serious issue more caseworkers. b 1500 that affects thousands of American families. In a recent eighteen-month period, Texas Those incredibly wise words maybe Every 11 seconds a child in the United States workers who are responsible for visiting didn’t even anticipate what was accom- is reported as abused or neglected. abused children saw only seventy-four percent plished this year by the UConn women Last year 5,800 children were confirmed vic- of their children monthly. Federal law requires who, as I said earlier, went 39–0, won a tims of child abuse in my home county of that at least ninety-five percent be seen national championship, did not win a Tarrant County, Texas. Tragically, nine of monthly. But there are only so many hours in game by less than double digits from those cases ended in death as a result of a day. the entire season, from start to finish, abuse or neglect. As the stresses on American families in- and led by a coach, Geno Auriemma, I think of children like Darlene Diles who crease in the current economy, we need to who, again, is somebody who is right in spent the first seventeen days of her life in her work together to ensure that resources are the Lombardi tradition, and secured mother’s care before an injury on January 30 available to provide families with support so his sixth national championship, some- left her with severe brain damage. that more children do not become victims of thing that, as a Hall of Fame coach, Darlene’s nineteen-year-old mother told doc- maltreatment. we’re almost getting to expect too eas- tors that she accidently dropped her daughter And child protective services across the ily and take too much for granted in on the kitchen floor. But doctors found no skull country need funding so that they can con- the State of Connecticut. fracture or swelling consistent with a fall. In- tinue the work that they do to protect our most But aside from the great athletic ac- stead, they said Darlene’s internal head inju- vulnerable children. complishment of these young women, I ries were consistent with being shaken. Observing National Child Abuse Prevention want to also acknowledge the fact that The thirty-five-day-old infant died after her Month provides us with the opportunity to Maya Moore, who is the Naismith All- father decided to allow doctors to take her off shine a light on an issue that continues to af- American Player of the country, is also life support. fect too many children and families. someone who is an outstanding stu- Seven-month-old David Coronado Jr. was It also provides us with the opportunity to dent, has received academic awards for admitted to Children’s Medical Center in Dal- thank the social workers, teachers, physicians,

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00010 Fmt 0688 Sfmt 9920 E:\BR09\H27AP9.000 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10703 nurses, and community organizations for their iana Islands (Mr. SABLAN) that the (3) by striking ‘‘Predisaster’’ each place it work providing safe places for children. House suspend the rules and agree to appears and inserting ‘‘Pre-Disaster’’; and Groups like Prevent Child Abuse Texas, the the resolution, H. Res. 337. (4) by striking ‘‘predisaster’’ each place it appears and inserting ‘‘pre-disaster’’. Alliance for Children in Fort Worth, which is The question was taken. working to ‘‘break the cycle of abuse one child The SPEAKER pro tempore. In the The SPEAKER pro tempore. Pursu- at a time.’’ And groups like CASA of Tarrant opinion of the Chair, two-thirds being ant to the rule, the gentleman from County, which matches guardian ad liteums in the affirmative, the ayes have it. Minnesota (Mr. OBERSTAR) and the gen- with children to provide a voice for children in Mr. SABLAN. Madam Speaker, I ob- tleman from Texas (Mr. OLSON) each court. ject to the vote on the ground that a will control 20 minutes. The Chair recognizes the gentleman These groups are working to prevent child quorum is not present and make the from Minnesota. abuse and neglect throughout Texas and I point of order that a quorum is not commend them for their efforts and important present. GENERAL LEAVE The SPEAKER pro tempore. Pursu- work. Mr. OBERSTAR. Madam Speaker, I The statistics on child abuse and maltreat- ant to clause 8 of rule XX and the ask unanimous consent that all Mem- Chair’s prior announcement, further ment are alarming. Child Abuse and maltreat- bers may have 5 legislative days in proceedings on this motion will be ment is a topic few want to discuss, but most which to revise and extend their re- postponed. of us want to see the cycle of abuse end. By marks and include extraneous material The point of no quorum is considered on the bill, H.R. 1746. talking about this issue, I hope we can encour- withdrawn. The SPEAKER pro tempore. Is there age parents to reach out and get the help they f objection to the request of the gen- need in order to provide a safe and healthy tleman from Minnesota? place for their children. PRE-DISASTER MITIGATION ACT There was no objection. I strongly encourage families and individuals OF 2009 Mr. OBERSTAR. Madam Speaker, I to report abuse or get help by calling the na- Mr. OBERSTAR. Madam Speaker, I yield myself such time as I may con- tional child abuse hotline at 1–800–4–A– move to suspend the rules and pass the sume, and I want to thank the gen- CHILD. bill (H.R. 1746) to amend the Robert T. tleman from Texas for generously man- Ms. MCCOLLUM. Madam Speaker, I rise Stafford Disaster Relief and Emer- aging on the Republican side. Thank today in strong support of H. Res. 337, a reso- gency Assistance Act to reauthorize you for your participation. And I want lution to recognize April as National Child the pre-disaster mitigation program of to welcome, Madam Speaker, the gen- Abuse Prevention Month. the Federal Emergency Management tleman, once again to our committee. Every year, thousands of children across Agency. It’s his first term in Congress, first the country become victims of child abuse. The Clerk read the title of the bill. term on our committee, and it’s good More than 5.8 million children in the United The text of the bill is as follows: to have his participation. Appreciate it States were reported to be abused or ne- H.R. 1746 very much. glected in 2007, and many more cases go un- Be it enacted by the Senate and House of Rep- I was delayed getting here to the reported. resentatives of the United States of America in floor because of a number of meetings, All children deserve to be raised in a safe Congress assembled, but the most particularly, and sort of and nurturing environment. It is a tragedy SECTION 1. SHORT TITLE. fitting was a session with James Lee when children are victimized by abuse, ne- This Act may be cited as the ‘‘Pre-Disaster Witt, former administrator of FEMA, glect, alcohol and drug abuse, or domestic vi- Mitigation Act of 2009’’. who did a superb job during his tenure olence. As a former board member of Min- SEC. 2. PRE-DISASTER HAZARD MITIGATION. at FEMA, and who actually initiated (a) ALLOCATION OF FUNDS.—Section 203(f) of nesota Crisis Nurseries, I fully recognize the the Robert T. Stafford Disaster Relief and Project Impact, which was the prede- importance of strengthening child abuse pre- Emergency Assistance Act (42 U.S.C. 5133(f)) cessor of the legislation, or the prede- vention programs in Minnesota and throughout is amended to read as follows: cessor idea for the legislation we bring the United States. Early prevention ap- ‘‘(f) ALLOCATION OF FUNDS.— to the floor today. It was called then proaches that utilize family support networks ‘‘(1) IN GENERAL.—The President shall Project Impact. And it was the idea of are critical to stopping child abuse before it award financial assistance under this section administrator James Lee Witt, after starts. on a competitive basis and in accordance his experience with a number of trage- with the criteria in subsection (g). H. Res. 337 calls for increased public dies that could have been prevented or ‘‘(2) MINIMUM AND MAXIMUM AMOUNTS.—In awareness of the maltreatment of children. providing financial assistance under this sec- substantially mitigated, that is, the ef- This resolution also recognizes the many na- tion, the President shall ensure that the fect of the natural disaster could sub- tional and community organizations that pro- amount of financial assistance made avail- stantially have been mitigated if cit- mote awareness of child abuse and share able to a State (including amounts made ies, counties, States, local agencies, strategies for prevention. It further urges fami- available to local governments of the State) had taken a few practical steps that lies and individuals to report abuse or to get for a fiscal year— would be far lower cost in initial im- help by calling the National Child Abuse Hot- ‘‘(A) is not less than the lesser of— pact than the broader costs of a nat- line at 1–800–4–A–Child. ‘‘(i) $575,000; or ural disaster, whether an earthquake, a ‘‘(ii) the amount that is equal to one per- I will continue working to strengthen child cent of the total funds appropriated to carry flood, hurricane, or other tragedy. abuse prevention programs in Minnesota and out this section for the fiscal year; and Over 100 communities actually par- throughout the United States. Keeping children ‘‘(B) does not exceed the amount that is ticipated in Project Impact. One of the and families safe must be a priority if we are equal to 15 percent of the total funds appro- most significant beneficiaries of to ensure the well being of our Nation’s fu- priated to carry out this section for the fis- Project Impact was the City of Seattle, ture—its children. cal year.’’. which was awarded a grant of $50 mil- I urge my colleagues to join me in voting for (b) AUTHORIZATION OF APPROPRIATIONS.— lion for very specific actions to take in Section 203(m) of such Act (42 U.S.C. 5133(m)) Seattle to strengthen buildings, this bill. is amended to read as follows: Mr. SABLAN. Does the gentleman ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.— strengthen bridges, strengthen por- from Wisconsin have any other speak- There is authorized to be appropriated to tions of the Alaska Way Viaduct, a por- ers? carry out this section $250,000,000 for each of tion of Highway 5 that goes through The SPEAKER pro tempore. The gen- fiscal years 2010, 2011, and 2012.’’. the City of Seattle and is a focal point tleman has yielded back the remainder (c) REFERENCES.—Section 203 of such Act of a great deal of maritime activity of his time. (42 U.S.C. 5133) is amended— and trucking and passenger vehicle ac- Mr. SABLAN. Madam Speaker, I also (1) in the section heading by striking ‘‘PREDISASTER’’ and inserting ‘‘PRE-DIS- tivity. yield back the balance of my time. ASTER’’; For a $50 million investment, they The SPEAKER pro tempore. The (2) in the heading for subsection (i) by put all of the strengthening activities question is on the motion offered by striking ‘‘PREDISASTER’’ and inserting ‘‘PRE- in place, and a year later, the earth- the gentleman from the Northern Mar- DISASTER’’; quake struck Seattle. And the Mayor

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.000 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10704 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 27, 2009 of Seattle, I think it was Mayor Nich- importantly, for your leadership on mittee brought this legislation for- ols at the time, said, if we had not this committee. This is a very impor- ward. made this investment, it would have tant issue, and I’m proud to stand with Clearly, mitigation saves money. I cost the people of Seattle $500 million you today in support of this bill. gave an example of a situation in my to repair the damage that the earth- And I do rise in support of H.R. 1746, district, but the devastation of flooding quake would have caused had they not the Pre-Disaster Mitigation Act of 2009, at the Red River in North Dakota is made this very small investment. The which reauthorizes the successful pre- another example of the real impact of irony of the event and of the announce- disaster mitigation programs for the natural disasters, and the communities ment is that was also the day that the next 3 years. The Pre-Disaster Mitiga- along the Red River of the North, on Bush administration chose to termi- tion Program was originally authorized both the Minnesota and North Dakota nate Project Impact. by the Disaster Mitigation Act of 2000 sides, have benefited from pre-disaster I have experience in my district of as a pilot program to study the effec- mitigation funding. Nonetheless, they pre-disaster mitigation, when, in 1999, tiveness of mitigation grants given to face huge challenges every year. hurricane-like force winds blew communities before a disaster strikes. The Congressional Budget Office and through the Boundary Waters Canoe Prior to the creation of the Pre-Dis- the National Institute of Building Area, a wilderness area on the U.S./Ca- aster Mitigation Program, hazard miti- Sciences have issued reports showing nadian border in my district that gation primarily occurred after a dis- that, for every dollar spent on pre-dis- stretches nearly 110 miles along the Ca- aster had occurred through FEMA’s aster mitigation, future losses are re- nadian border. They’re called a dere- Hazard Mitigation Grant Program. duced by $3 to $4. The Multihazard cho, D-E-R-E-C-H-O, derecho, from the We know that every disaster costs us Mitigation Council, the advisory body Spanish. Straight line winds, 15 miles in damages to homes, businesses and of the National Institute of Building across, 40 miles in length, at 100 miles infrastructure and potentially to the Sciences, said: ‘‘A dollar spent on miti- an hour, blew down 26 million trees. loss of lives. Implementing mitigation gation saves society an average of $4,’’ The U.S. Forest Service did a com- measures against disasters has proven and that flood mitigation, according to puter analysis of all previous forest to go a long way in minimizing damage the council, yields even greater sav- fires, and calculating with the amount and saving lives. The Pre-Disaster ings. On average, future losses are re- of fuel on the ground, that when a Mitigation Program prevents damage duced ‘‘by about $3 for every dollar lightning strike would hit that blown- and destruction by helping commu- spent on those projects, including both down, drying out timber, it would cre- nities to act proactively through Federal and non-Federal spending.’’ ate a fireball 50,000 feet into the air. projects that reduce the costs and limit I also cited the city of Seattle. I mis- Action had to be taken in the areas the adverse impacts of future disasters. quoted the mayor. It was not Mayor outside the wilderness to protect Nickels. It was Mayor Paul Schell who b 1515 homes and resort facilities and out- deserves great credit for wisely using fitter facilities, and within the bound- It has been shown that mitigation pre-disaster mitigation funds just prior ary waters to do controlled burns, be- programs like the pre-disaster mitiga- to the Nisqually earthquake hitting on cause timber harvesting is not allowed tion program also save taxpayer dol- February 28, 2001. within a wilderness area. lars. Both the Congressional Budget Of- As for the Red River of the North, in- We turned to James Lee Witt and fice and the National Institute of vestments made by cities on both the FEMA for pre-disaster mitigation fund- Building Sciences have determined Minnesota and North Dakota sides ing to support homes, to install sprin- that, for every dollar invested in miti- have resulted in far less damage than kler systems, and resorts to install gation, $3 are saved in future losses. those communities experienced prior sprinkler systems. Four years later, a Since their inception, mitigation to making those investments. After the fire known in the area as the Ham programs have helped local commu- 1997 flood, FEMA spent $23 million to Lake fire, broke out. The local volun- nities save lives and reduce property acquire vulnerable homes and move teer fire department, attempting to re- damage through a wide range of miti- them out of the floodplain. In 2006, a spond, found that their pumper truck gation projects, such as home ele- flood came within 2 feet of the 1997 was inoperative. They could have put vations, buyouts, improved shelters, flood level, and those mitigation in- the fire out in that little area, but they and warning systems. Ensuring this vestments saved some $24.6 million, a were unable to. It gathered force and program continues and supporting return of 107 percent on the investment burned 76,000 acres, half in the U.S. and mitigation efforts is critically impor- made. half in Canada. tant as our communities prepare for Mitigation, clearly, is an investment The homes that were spared were disasters. in people, in property, in protection, those that had installed the sprinkler In conclusion, mitigation works. It and that’s why the National Associa- systems from the FEMA pre-disaster saves lives, limits future damage and tion of Counties, the International As- mitigation program. The ones that reduces Federal disaster costs, and the sociation of Emergency Managers, the didn’t have the sprinkler systems, or pre-disaster mitigation program is an Association of State Floodplain Man- who didn’t maintain them, were effective program that advances that agers, the National Emergency Man- burned; 148 structures in all burned, goal. agement Association, and the National and 135 were saved. Thank you again. I urge my col- Association of Flood and Stormwater This legislation will establish the leagues to support the bill. Management Agencies, as well as the pre-disaster mitigation program out Mr. Chairman, do you have anymore Public Works Association, all have en- into the future because, while the pre- speakers on your side? dorsed this legislation. vious Project Impact was terminated, Mr. OBERSTAR. I advise the gen- So I earnestly appeal for a strong Congress, under the previous Repub- tleman we have no further speakers. If vote, and I am now prepared to close, if lican years, re-established, reinstated the gentleman is prepared to close, I the gentleman is prepared to yield Project Impact as pre-disaster mitiga- will have some closing remarks, and back his time, Madam Speaker. tion, and the authority will sunset on then we’ll conclude. Ms. JACKSON-LEE of Texas. Madam September 30. So with bipartisan sup- Mr. OLSON. In that case, I reserve Speaker, I rise in support of H.R. 1746, ‘‘Pre- port, we bring this legislation to the the balance of my time. Disaster Mitigation Act of 2009.’’ I want to floor to extend the program. Mr. OBERSTAR. The gentleman thank my colleague Congressman JAMES I reserve the balance of my time. made a very thoughtful statement, OBERSTAR of Minnesota for introducing this Mr. OLSON. Madam Speaker, I yield Madam Speaker, about the pre-disaster legislation. myself such time as I may consume. mitigation program, and I very greatly While tragedy has ripped through our com- First of all, I’d like to thank our appreciate his observations and the bi- munities, from 9/11 to Hurricane Katrina, leav- chairman for his kind words, and more partisan spirit within which our com- ing an enormous amount of devastation,

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00012 Fmt 0688 Sfmt 9920 E:\BR09\H27AP9.000 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10705 Americans continue to demonstrate yet again munication failures resulted in unnecessary eral government can be a better partner to the amazing unity, strength and resilience that and avoidable delays in deploying vital re- local communities by helping to improve public we possess. Whether rich or poor, black or sources in a timely fashion to individuals and safety and reduce disaster related financial white, young or old, Democrat or Republican, families in need through Disaster Recovery losses. It is the right thing to do for commu- everyone has been working together to re- Centers, DRCs, in locations which are acces- nities that are rebuilding after disasters, like spond, recover, rebuild and move forward. sible to the affected communities. I look for- New Orleans, and for those trying to avoid be- Madam Speaker, I urge my colleagues to ward to hearing from the panelists on how we coming the next victims. support this vital piece of legislation that will can increase the role that FEMA along with Mr. OLSON. Madam Speaker, there amend the Robert T. Stafford Disaster Relief local and State agencies can play in the re- being no Members wishing to speak on and Emergency Assistance Act to reauthorize sponse and recovery efforts to natural disas- my side, I yield back the balance of my the pre-disaster mitigation program of the Fed- ters in order to ensure the most expeditious time. eral Emergency Management Agency. and efficient decision-making process pos- Mr. OBERSTAR. I yield back the bal- ance of my time. The Robert T. Stafford Disaster Relief and sible. Whether it be through legislation or sim- Emergency Assistance Act, Stafford Act, is a The SPEAKER pro tempore. The ply improved preparation and communication, question is on the motion offered by Federal law designed to bring an orderly and we must take concrete steps to ensure that in the gentleman from Minnesota (Mr. systemic means of federal natural disaster as- the ongoing recovery effort, bureaucratic bar- OBERSTAR) that the House suspend the sistance for State and local governments in riers are eliminated and minimized and that re- rules and pass the bill, H.R. 1746. carrying out their responsibilities to aid citi- sources are deployed to individuals and fami- The question was taken. zens. This law establishes a process for re- lies in need efficaciously. The SPEAKER pro tempore. In the questing and obtaining a Presidential disaster As a senior member of the House Home- opinion of the Chair, two-thirds being declaration, defines the type and scope of as- land Security Committee, which has oversight in the affirmative, the ayes have it. sistance available under the Stafford Act, and over the Federal Emergency Management Ad- Mr. OBERSTAR. Madam Speaker, on sets the conditions for obtaining that assist- ministration, FEMA, I am working to ensure that I demand the yeas and nays. ance. that our communities are prepared to deal with The yeas and nays were ordered. It created the system in place today by natural disasters. I am committed to working The SPEAKER pro tempore. Pursu- which a Preside Disaster Declaration of an with members of this Select Committee and ant to clause 8 of rule XX and the emergency triggers financial and physical as- the other panelists, Federal and State agen- Chair’s prior announcement, further sistance through the Federal Emergency Man- cies, and the companies that manage Hous- proceedings on this motion will be agement Agency, FEMA. The Act gives FEMA ton’s critical infrastructure to ensure that Hous- postponed. the responsibility for coordinating government ton and Texas are prepared for the next nat- f wide relief efforts. The Federal Response Plan ural disaster. The protection of our homeland GREAT LAKES ICEBREAKER it implements includes the contributions of 28 and the security of our neighborhoods are at REPLACEMENT ACT Federal agencies and non-governmental orga- the forefront of my legislative agenda. nizations, such as the American Red Cross. Madam Speaker, it is my hope that this leg- Mr. OBERSTAR. Madam Speaker, I We must work together to improve access islation, which is necessary in policies, proce- move to suspend the rules and pass the to housing and the critical infrastructure nec- dures, and protocols to ensure that: first re- bill (H.R. 1747) to authorize appropria- essary to ensure that Americans and their sponders and emergency management per- tions for the design, acquisition, and communities are safe. Where unacceptable sonnel across America are better prepared for construction of a combined buoy ten- vulnerabilities remain, swift action must be future disasters; communication and coordina- der-icebreaker to replace icebreaking taken to eliminate them. I am committed to en- tion between local, State, and Federal agen- capacity on the Great Lakes. suring the implementation of such action. cies is improved; and all Americans can re- The Clerk read the title of the bill. The text of the bill is as follows: In the weeks that followed Hurricane cover more quickly from a future disaster. Katrina, thousands of families struggled to sur- Mr. BLUMENAUER. Madam Speaker, the H.R. 1747 vive with no electricity, including no air condi- reauthorization of the Pre-Disaster Mitigation Be it enacted by the Senate and House of Rep- tioning in the sweltering heat, which had a resentatives of the United States of America in (PDM) program sends an important signal Congress assembled, particularly severe impact on the elderly, dis- about the effectiveness of hazard mitigation in SECTION 1. SHORT TITLE. abled, impoverished and other vulnerable pop- ensuring public safety and reducing financial This Act may be cited as the ‘‘Great Lakes ulations. Clearly, we need to invest substantial losses in the event of a natural disaster. I am Icebreaker Replacement Act’’. funds to improve our electric grids to ensure pleased that the House is reauthorizing the SEC. 2. FINDINGS. that the disparate impact on vulnerable popu- program for an additional three years and in- Congress finds that— lations are corrected and are never allowed to creasing the minimum amount that each State (1) five of the Coast Guard’s Great Lakes reoccur. I was particularly concerned that nei- can receive from $500,000 to $575,000. icebreakers are nearing the end of their use- ther the utility companies nor the emergency I have been a longtime supporter of pre-dis- ful lives; management personnel had lists of or could aster mitigation and the approach adopted in (2) two other Coast Guard icebreaking as- sets have experienced difficulty in heavy ice expeditiously provide generators to the vulner- the 1990’s by former FEMA Administrator conditions; able individuals and communities residing in James Lee Witt as illustrated in the ‘Project (3) during the spring of 2008, United States- hospitals, clinics, senior housing, and assisted Impact’ pilot program. The City of Portland, flag vessels operating on the Great Lakes living communities who would be disparately Oregon and Multnomah County, areas I rep- suffered more than $1,300,000 in damages to impacted by the power outages in the after- resent, were early partners in the Project Im- their hulls because the Coast Guard did not math of the storm. Accordingly, I have intro- pact program which helped to establish a flood have enough assets available to keep Great duced legislation in Congress to ensure that hazard Community Rating System. By taking Lakes shipping lanes open; utility companies are held accountable. I was steps to mitigate potential flood damages in (4) during the 2006–2007 ice season, ship- ments of iron ore, coal, and limestone on the also dismayed that creditors for healthcare excess of FEMA standards, some area flood- Great Lakes exceeded 20,000,000 tons; providers interfered with the ability of hospitals plain residents were able to qualify for reduc- (5) during the 2006–2007 ice season, the to receive funds from insurance and business tions in their flood insurance premiums. On a transportation of 10,400,000 tons of iron ore interruption claims that are vitally necessary to national scale, Project Impact helped commu- on the Great Lakes helped support 100,000 ensure that hospitals can be open to serve nities large and small across the country make jobs at steel mills and 300,000 jobs at supplier communities in dire need of healthcare. much needed investments in hazard mitiga- industries by keeping those industries work- Furthermore, the response efforts to Hurri- tion. ing during the winter season; and cane Ike in Texas, unfortunately similar to In 2005, the Multihazard Mitigation Council, (6) the 6,400,000 tons of coal shipped on the Great Lakes during the 2006–2007 ice season Hurricane Katrina in Louisiana but to a smaller on behalf of FEMA, found that on average, a kept the Great Lakes region supplied with extent, revealed breakdowns in communica- dollar spent by FEMA on hazard mitigation electricity. tion between the State and local government provides the nation in about $4 in future bene- SEC. 3. AUTHORIZATION OF APPROPRIATIONS. on the one hand and FEMA and the Federal fits. In that regard, the Pre-Disaster Mitigation There is authorized to be appropriated Government on the other hand. These com- program is a leading example of how the fed- $153,000,000 for necessary expenses of the

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.000 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10706 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 27, 2009 Coast Guard for the design, acquisition, and through the heavy ice era in the fall As many Members know, the Coast construction of a combined buoy tender-ice- and in the early spring. Guard’s seagoing polar icebreakers are breaker to replace icebreaking capacity on The Coast Guard, which does its very in dire need of rehabilitation or of out- the Great Lakes, to remain available until best with the Mackinaw and with some right replacement. I would hope that expended. smaller harbor icebreakers, has made a we could address this issue through the The SPEAKER pro tempore. Pursu- valiant effort, but the shippers on the Coast Guard reauthorization bill later ant to the rule, the gentleman from Great Lakes, in particular in this past this year. Minnesota (Mr. OBERSTAR) and the gen- season, said they have frequently had a Historically, polar regions have been tleman from Texas (Mr. OLSON) each laker moving out but impeded by ice. closed off to vessel traffic for a signifi- will control 20 minutes. The Mackinaw could break a channel, cant amount of time. However, in re- The Chair recognizes the gentleman but then it would be on call in the cent years, we have seen an increase in from Minnesota. lower lake ports, and the smaller har- the amount of open time and water and GENERAL LEAVE bor icebreakers couldn’t keep the chan- a corresponding interest in the com- Mr. OBERSTAR. Madam Speaker, I nel open for those 60,000-ton vessels to mercial use of these waters. We have ask unanimous consent that all Mem- move iron ore or aggregate or sand and extensive scientific, national security, bers may have 5 legislative days in gravel or limestone as needed in the homeland security, and economic in- which to revise and extend their re- iron ore production process. terests in the Arctic; but we do not marks and to include extraneous mate- So the clear call from Great Lakes’ have the vessels necessary to project a rial on H.R. 1747. port and shipping and shipper interests continued maritime presence in these The SPEAKER pro tempore. Is there has been add an icebreaker, a real com- regions. We must come up with a solu- objection to the request of the gen- panion to the Mackinaw. The previous tion to address this gap to protect our tleman from Minnesota? Mackinaw icebreaker was built in 1940 national interests as other Arctic na- There was no objection. and served 60 years and, finally, was tions are racing forward to explore and Mr. OBERSTAR. Madam Speaker, I gracefully retired; but its replacement stake claim to resources in the polar yield myself such time as I may con- simply can’t be in two places at once. regions. sume. If we’re going to keep our economy I reserve the balance of my time. Despite all of the concern about glob- moving and our economy functioning Mr. OBERSTAR. Madam Speaker, I am very grateful to the gentleman al climate change and climate warming effectively, we need that icebreaking from Texas for his strong support and and of the melting of the glaciers—and capability in the upper lakes and in the for his thoughtful statement about the the last great glacier did melt and re- lower lakes, often at the same time on Great Lakes icebreaker. I want to as- treat some 10,000 years ago—every No- the same days. So with two ice- sure the gentleman, Madam Speaker, vember, it makes a comeback in the breakers, our Great Lakes economy that we’ll be happy to assure that the northern tier States, especially on the will be able to function effectively. only ice you ever have to break in the Great Lakes. As the cold winds sweep I reserve the balance of my time, Texas ports will be at cocktail hour, down from the Arctic regions across Madam Speaker. because you don’t want to have to deal Canada and as the ice gathers on the Mr. OLSON. Madam Speaker, I yield with the ice as we see it and as we ex- shores and extends across, still occa- myself as much time as I may con- perience it in the Great Lakes where I sionally, although it has been several sume. years, Lake Superior does freeze com- Madam Speaker, while my home grew up and lived most of my life. pletely over. State of Texas doesn’t have near the b 1530 When it doesn’t freeze completely opportunities for icebreaking that the But I know the needs for the Houston over, an ice sheet extends a long dis- chairman’s home State of Minnesota ship channel, which I strongly sup- tance out from the shoreline, clogging has, like him, I, too, rise in support of ported. It’s going to need more dredg- the navigation channels, making tran- H.R. 1747 and this body’s continued ef- ing, more improvement, as the Panama sit difficult on the Sault Sainte Marie, forts to enhance the Coast Guard’s Canal, the second Panama Canal, is on the St. Mary’s River and down into operational capabilities in the Great completed in the next few years and the lower lakes where, from mid-No- Lakes and nationwide. those 1,000-foot carriers carrying 12- to vember through mid-January and then A new Coast Guard icebreaker of the 13,000 containers make their way again in early spring, our Great Lakes’ Great Lakes would significantly en- through Panama and into the gulf bulk carriers must make that transit hance the safety and efficiency of mar- ports—all the ports in Texas and Lou- to deliver iron ore to the steel mills in itime traffic in the region. The Coast isiana and Alabama are going to need a the lower lake ports and coal from the Guard is aware of the need for further channel deepening and port upgrades to Potter River Basin in Wyoming-Mon- capabilities in the Great Lakes. accommodate those vessels. And we’re tana that comes by unit train to the Earlier this winter, the Coast Guard going to support that activity in our ports of Duluth and Superior; and they temporarily stationed an ice-strength- committee. We’re going to make sure must transit that coal to lower lake ened buoy tender in the Great Lakes that the gulf region is competitive in coal facilities. The lowest cost, most for the end of the icebreaking season. this ever-changing world of inter- energy-efficient and most environ- This move, while greatly appreciated, national commerce. mentally friendly means of moving is not a sustainable solution. H.R. 1747, With regard to the polar icebreakers, bulk commodities are by waterway, the Great Lakes Icebreaker Replace- the Recovery Act stimulus funding has and this great waterway of the Great ment Act, will address future provided for refurbishing and reintro- Lakes is absolutely critical. icebreaking needs by providing a fully duction in service of one of the polar During the 2006–2007 winter season, capable, multimission icebreaker to icebreakers. I would advise the gen- 10.5 million tons of iron ore moved dur- the Great Lakes. In addition to its role tleman, Madam Speaker, the Coast ing the winter shipping season. That as an icebreaker, the new vessel will be Guard is doing an evaluation of the ore supports 100,000 jobs at lower lake equipped with capabilities to support costs and how the costs of the polar steel mills, 300,000 jobs at associated all of the Coast Guard’s many mis- icebreaker fleet can be contained. We industries. In the same winter months, sions, which will greatly enhance the have received testimony in the 110th some 6.5 million tons of coal were service’s ability to carry out search Congress and information updated this shipped on the Great Lakes to supply and rescue, fishery enforcement, and year that the cost per icebreaker might the power plants in lower lake commu- maritime homeland security missions run in the range of $1 billion. It seems nities with their coal facilities, but we throughout the year. to me that the Coast Guard ought to be don’t have enough icebreaking capac- I hope this bill is only the beginning able to contain that number and bring ity to keep those channels open, to of Congress’ efforts to enhance the it down to something much more man- keep the ports open, to escort vessels Coast Guard’s icebreaking capability. ageable.

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.000 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10707 Those original polar classes, the and that much clearance. And I appre- fully opened up for the summer shipping sea- Polar Wind, the Polar Star—I remem- ciate your commitment to work with son. ber very well serving with Mr. YOUNG, that. But the need for this bill has already been our former committee chairman on I see no one on my side of the aisle. well established. This bill will authorize the Transportation and Infrastructure, and I thank the chairman for his kind re- Coast Guard to design and construct a new we both served on the Merchant Marine marks. replacement ice-breaker for the Great Lakes. and Fisheries Committee in the seven- I yield back the balance of my time. In addition to assisting with ice-breaking prob- ties when those vessels were commis- Mr. OBERSTAR. Madam Speaker, I lems we have had on the Great Lakes, this bill sioned and then when they set out on thank the gentleman for his remarks. will also put Americans to work building this their first voyage. My recollection is it We look forward to moving the Water vessel. was less than $100 million, and the cost Resources Development Act bill I urge my colleagues to support this bill, and has escalated enormously; and we have through the committee this year and I commend the chairman for putting this legis- to be sure that the Coast Guard—and addressing in that legislation whatever lation forward. they, too, want to be sure they can accelerated dredging needs may be be- Mr. OBERSTAR. I yield back the bal- contain those costs and assure a multi- yond those we already have in the re- ance of my time. mission activity for those icebreakers. covery program to address the immi- The SPEAKER pro tempore. The Madam Speaker, I have no further nent issue facing us, and that is vastly question is on the motion offered by speakers. increased vessel capacity and size that the gentleman from Minnesota (Mr. I reserve the balance of my time. needs to move into those gulf ports. OBERSTAR) that the House suspend the Mr. OLSON. Mr. Chairman, on behalf And meanwhile, maybe the Coast rules and pass the bill, H.R. 1747. of all Texans, I think your solution to Guard can get started—if the other The question was taken; and (two- an icebreaker in Texas would be much body will move this bill—get started on thirds being in the affirmative) the appreciated there. And I want to thank an icebreaker replacement. rules were suspended and the bill was you, too, for your kind and insightful Mrs. MILLER of Michigan. Madam Speaker, passed. remarks about the needs of our ports in I rise in strong support of H.R. 1747, the Great A motion to reconsider was laid on the gulf coast, particularly the Port of Lakes Icebreaker Replacement Act, because it the table. Houston and Port of Galveston and is so important to promoting commercial activ- f Texas City. ity on the Great Lakes. As you alluded to, the ports there, Over a billion dollars worth of commerce RECESS unfortunately, have a lot of silt coming takes place on the Great Lakes during the The SPEAKER pro tempore. Pursu- down from the rivers above. They fill winter months, despite the harsh conditions. ant to clause 12(a) of rule I, the Chair up from time to time, and we need to Half of Lake Michigan, for example, is covered declares the House in recess until ap- keep them dredged out. And you have in ice during the winter months. proximately 6:30 p.m. today. eloquently made the point that when Especially in this economy, we cannot afford Accordingly (at 3 o’clock and 36 min- the Panama Canal project is com- to have business shut down simply because utes p.m.), the House stood in recess pleted—widened and deepened—the ice-breakers are spread to thinly across the until approximately 6:30 p.m. ships that are currently coming across Great Lakes. My State of Michigan currently f the Pacific Ocean and stop at our west has the highest unemployment in the country coast are just going to continue right at about 12 percent, and many counties in my b 1830 on through and come to our heartland. district are already near 20 percent. We need AFTER RECESS So I look forward to working with every job we can get in our State, including you to make sure that the gulf ports jobs that are supported by commercial activity The recess having expired, the House are ready for that when it happens. on the Great Lakes. was called to order by the Speaker pro Mr. OBERSTAR. If the gentleman One of the other impacts of unbroken ice is tempore (Mr. BRIGHT) at 6 o’clock and will yield? property damage. In my district along the St. 30 minutes p.m. Mr. OLSON. Yes, I will. Clair River, we have regularly seen problems f Mr. OBERSTAR. It is not only the caused by ice jams lead to flooding for many ANNOUNCEMENT BY THE SPEAKER silt from the rivers but the hurricanes of my constituents. PRO TEMPORE that have devastated and in the last 5 This year, we saw a fairly spectacular oc- years have brought enormous amounts currence in the town of Linwood, Michigan, The SPEAKER pro tempore. Pursu- of silt into those harbors. And we have when literal mountains of ice were blown up ant to clause 8 of rule XX, proceedings worked with the Corps of Engineers to from Saginaw Bay and into people’s yards and will resume on motions to suspend the accelerate dredging. We had, actually, homes. Chunks of ice were piled up to 10 feet rules previously postponed. funding for an accelerated dredging high in some places and excavators had to be Votes will be taken in the following program for the Corps of Engineers in brought in to remove the ice so that people order: the Recovery Act, and those funds have could go about repairing damage to their win- H. Res. 329, by the yeas and nays; not yet been released by the Office of dows and homes. H.R. 1746, by the yeas and nays; Management and Budget, but I am very Many of the ice-breaking ships that we do H. Res. 335, de novo. hopeful that some of those funds, have in the Great Lakes are nearing the end Remaining postponed votes will be Madam Speaker, will be directed to the of their useful lives and have become vulner- taken later in the week. gulf coast ports to alleviate the ad- able to mechanical failure in these harsh win- The first electronic vote will be con- verse effects of hurricane movement of ter conditions. ducted as a 15-minute vote. Remaining sand into the shipping channels. Last fall, I was very concerned about the electronic votes will be conducted as 5- I thank the gentleman for yielding. approaching winter and whether the Coast minute votes. Mr. OLSON. I appreciate the gentle- Guard would have sufficient ice-breaking ca- f man’s comments on that as well. pabilities to keep critical channels open. In I was down at the Port of Texas City fact, I joined a number of members in writing RECOGNIZING THE ANNIVERSARY last month, and they brought a ship in to Admiral Allen at the Coast Guard and urg- OF THE ACCIDENT OF SS SUL- early this year, as you alluded to, after ing him to provide additional resources to the TANA the hurricane had come through. The Great Lakes to deal with the coming winter. The SPEAKER pro tempore. The un- way it rolled in, a lot of the way the Finally, after that incident in Linwood, the finished business is the vote on the mo- storm was moving, it pushed the water, Coast Guard did respond and assigned an ad- tion to suspend the rules and agree to it brought the silt back towards the ditional cutter from Maine to come over and the resolution, H. Res. 329, as amended, ocean, and they brought a ship in with assist with ice-breaking, which has been of on which the yeas and nays were or- 6 inches of clearance, a 5-, 600-foot boat great assistance to us as we get the lakes dered.

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.000 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10708 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 27, 2009 The Clerk read the title of the resolu- McCaul Pingree (ME) Shimkus The SPEAKER pro tempore. The tion. McClintock Pitts Shuster question is on the motion offered by McCollum Platts Simpson The SPEAKER pro tempore. The McCotter Poe (TX) Skelton the gentleman from Minnesota (Mr. question is on the motion offered by McDermott Polis (CO) Slaughter OBERSTAR) that the House suspend the the gentleman from Arkansas (Mr. McGovern Pomeroy Smith (NE) rules and pass the bill, H.R. 1746. McHenry Posey Smith (NJ) SNYDER) that the House suspend the McHugh Price (GA) Smith (TX) This is a 5-minute vote. rules and agree to the resolution, H. McIntyre Price (NC) Smith (WA) The vote was taken by electronic de- Res. 329, as amended. McKeon Putnam Snyder vice, and there were—yeas 339, nays 56, McMahon Quigley Souder not voting 37, as follows: The vote was taken by electronic de- McMorris Radanovich Space vice, and there were—yeas 393, nays 0, Rodgers Rahall Speier [Roll No. 208] McNerney Rangel not voting 39, as follows: Spratt YEAS—339 Meek (FL) Rehberg Stearns Meeks (NY) Reichert Abercrombie DeLauro Kosmas [Roll No. 207] Stupak Melancon Richardson Ackerman Dent Kratovil Sullivan YEAS—393 Mica Rodriguez Aderholt Diaz-Balart, L. Kucinich Sutton Abercrombie Conaway Hensarling Michaud Roe (TN) Adler (NJ) Diaz-Balart, M. Lance Tanner Ackerman Connolly (VA) Herger Miller (FL) Rogers (AL) Alexander Dicks Langevin Tauscher Aderholt Cooper Herseth Sandlin Miller (MI) Rogers (KY) Altmire Dingell Larson (CT) Taylor Adler (NJ) Costa Higgins Miller (NC) Rogers (MI) Andrews Doggett Latham Teague Akin Courtney Hill Miller, Gary Rooney Arcuri Donnelly (IN) LaTourette Alexander Crenshaw Himes Miller, George Ros-Lehtinen Thompson (CA) Austria Doyle Latta Altmire Crowley Hinchey Minnick Roskam Thompson (MS) Baca Driehaus Lee (CA) Andrews Cuellar Hinojosa Mitchell Ross Thornberry Bachus Edwards (MD) Lee (NY) Arcuri Culberson Hirono Moore (KS) Rothman (NJ) Tiahrt Baird Edwards (TX) Levin Austria Cummings Hodes Moore (WI) Roybal-Allard Tierney Baldwin Ehlers Lewis (CA) Baca Dahlkemper Hoekstra Moran (KS) Royce Titus Barrow Ellison Lewis (GA) Bachmann Davis (AL) Holden Murphy (CT) Ruppersberger Tonko Bean Ellsworth LoBiondo Bachus Davis (CA) Holt Murphy, Patrick Rush Towns Becerra Emerson Loebsack Baird Davis (IL) Honda Murphy, Tim Ryan (OH) Tsongas Berkley Engel Lofgren, Zoe Baldwin Davis (KY) Hoyer Murtha Ryan (WI) Turner Berman Eshoo Lowey Barrow Davis (TN) Hunter Myrick Salazar Upton Berry Etheridge Lucas Bartlett Deal (GA) Inglis Nadler (NY) Sa´ nchez, Linda Van Hollen Biggert Fallin Luetkemeyer Barton (TX) DeFazio Inslee Napolitano T. Vela´ zquez Bilbray Farr Luja´ n Bean DeGette Israel Neugebauer Sanchez, Loretta Visclosky Bilirakis Fattah Lungren, Daniel Becerra Delahunt Issa Nunes Sarbanes Walden Bishop (GA) Filner E. Berkley DeLauro Jenkins Nye Scalise Walz Bishop (NY) Fleming Lynch Berman Dent Johnson (GA) Oberstar Schakowsky Wasserman Blumenauer Forbes Mack Berry Diaz-Balart, L. Johnson, E. B. Obey Schauer Schultz Blunt Foster Maffei Biggert Diaz-Balart, M. Jones Olson Schiff Waters Boccieri Frank (MA) Maloney Bilbray Dicks Jordan (OH) Olver Schmidt Watson Bonner Frelinghuysen Markey (CO) Bilirakis Dingell Kagen Ortiz Schock Watt Bono Mack Fudge Markey (MA) Bishop (GA) Doggett Kanjorski Pascrell Schrader Welch Boozman Gallegly Marshall Bishop (NY) Donnelly (IN) Kaptur Pastor (AZ) Schwartz Westmoreland Boren Gerlach Massa Bishop (UT) Doyle Kennedy Paul Scott (GA) Wexler Boswell Giffords Matheson Blackburn Driehaus Kildee Paulsen Scott (VA) Whitfield Boucher Gohmert Matsui Blumenauer Duncan Kilpatrick (MI) Payne Sensenbrenner Wilson (OH) Boustany Gonzalez McCarthy (CA) Blunt Edwards (MD) Kind Pence Serrano Wilson (SC) Boyd Gordon (TN) McCarthy (NY) Boccieri Edwards (TX) King (IA) Perlmutter Sessions Wittman Brady (PA) Granger McCaul Boehner Ehlers Kirk Perriello Sestak Wolf Brady (TX) Graves McCollum Bonner Ellison Kirkpatrick (AZ) Peters Shadegg Woolsey Braley (IA) Grayson McCotter Bono Mack Ellsworth Kissell Peterson Shea-Porter Yarmuth Bright Green, Al McDermott Boozman Emerson Klein (FL) Petri Sherman Young (AK) Brown (SC) Green, Gene McGovern Boren Engel Kline (MN) Brown-Waite, Griffith McHugh Boswell Eshoo Kosmas NOT VOTING—39 Ginny Guthrie McIntyre Boucher Etheridge Kratovil Barrett (SC) Jackson-Lee Rohrabacher Buchanan Hall (NY) McKeon Boustany Fallin Kucinich Braley (IA) (TX) Shuler Butterfield Hall (TX) McMahon Boyd Farr Lamborn Brown, Corrine Johnson (IL) Sires Calvert Halvorson McMorris Brady (PA) Fattah Lance Burgess Johnson, Sam Stark Camp Hare Rodgers Brady (TX) Filner Langevin Carney Kilroy Terry Cao Harman McNerney Bright Flake Larson (CT) Clarke King (NY) Thompson (PA) Capito Hastings (FL) Meek (FL) Broun (GA) Fleming Latham Capps Heinrich Meeks (NY) Conyers Kingston Tiberi Brown (SC) Forbes LaTourette Capuano Heller Melancon Costello Larsen (WA) Wamp Brown-Waite, Foster Latta Dreier Lipinski Cardoza Herger Mica Waxman Ginny Foxx Lee (CA) Fortenberry Mollohan Carnahan Herseth Sandlin Michaud Weiner Buchanan Frank (MA) Lee (NY) Garrett (NJ) Moran (VA) Carson (IN) Higgins Miller (MI) Wu Burton (IN) Franks (AZ) Levin Grijalva Neal (MA) Cassidy Hill Miller (NC) Butterfield Frelinghuysen Lewis (CA) Gutierrez Pallone Young (FL) Castle Himes Miller, Gary Buyer Fudge Lewis (GA) Jackson (IL) Reyes Castor (FL) Hinchey Miller, George Calvert Gallegly Linder Chandler Hinojosa Minnick Camp Gerlach LoBiondo b 1900 Childers Hirono Mitchell Campbell Giffords Loebsack Clay Hodes Mollohan Cantor Gingrey (GA) Lofgren, Zoe So (two-thirds being in the affirma- Cleaver Hoekstra Moore (KS) Cao Gohmert Lowey tive) the rules were suspended and the Clyburn Holden Moore (WI) Capito Gonzalez Lucas resolution, as amended, was agreed to. Cohen Holt Moran (KS) Capps Goodlatte Luetkemeyer Cole Honda Murphy (CT) Capuano Gordon (TN) Luja´ n The result of the vote was announced Connolly (VA) Hoyer Murphy, Patrick Cardoza Granger Lummis as above recorded. Conyers Hunter Murphy, Tim Carnahan Graves Lungren, Daniel A motion to reconsider was laid on Cooper Inslee Murtha Carson (IN) Grayson E. Costa Israel Myrick Carter Green, Al Lynch the table. Courtney Jenkins Nadler (NY) Cassidy Green, Gene Mack f Crenshaw Johnson, E. B. Napolitano Castle Griffith Maffei Crowley Jones Nunes Castor (FL) Guthrie Maloney Cuellar Kagen Nye Chaffetz Hall (NY) Manzullo PRE-DISASTER MITIGATION ACT Cummings Kanjorski Oberstar Chandler Hall (TX) Marchant OF 2009 Dahlkemper Kaptur Obey Childers Halvorson Markey (CO) Davis (AL) Kennedy Olson Clay Hare Markey (MA) The SPEAKER pro tempore. The un- Davis (CA) Kildee Olver Cleaver Harman Marshall finished business is the vote on the mo- Davis (IL) Kilpatrick (MI) Ortiz Clyburn Harper Massa tion to suspend the rules and pass the Davis (KY) Kind Pascrell Coble Hastings (FL) Matheson bill, H.R. 1746, on which the yeas and Davis (TN) King (IA) Pastor (AZ) Coffman (CO) Hastings (WA) Matsui DeFazio Kirkpatrick (AZ) Paulsen Cohen Heinrich McCarthy (CA) nays were ordered. DeGette Kissell Payne Cole Heller McCarthy (NY) The Clerk read the title of the bill. Delahunt Klein (FL) Perlmutter

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.000 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10709 Perriello Sa´ nchez, Linda Sutton The Clerk read the title of the resolu- Kline (MN) Moore (WI) Schiff Peters T. Tanner tion. Kosmas Moran (KS) Schmidt Peterson Sanchez, Loretta Tauscher Kratovil Murphy (CT) Schock Pingree (ME) Sarbanes Taylor The SPEAKER pro tempore. The Kucinich Murphy, Patrick Schrader Platts Scalise Teague question is on the motion offered by Lamborn Murphy, Tim Schwartz Poe (TX) Schakowsky Thompson (CA) the gentleman from the Northern Mar- Lance Murtha Scott (GA) Polis (CO) Schauer Thompson (MS) Langevin Myrick Scott (VA) iana Islands (Mr. SABLAN) that the Pomeroy Schiff Thornberry Larson (CT) Nadler (NY) Sensenbrenner Posey Schmidt Tierney House suspend the rules and agree to Latham Napolitano Serrano Price (NC) Schock Titus the resolution, H. Res. 335. LaTourette Neugebauer Sessions Putnam Schrader Tonko The question was taken. Latta Nunes Sestak Quigley Schwartz Towns Lee (CA) Nye Shadegg Rahall Scott (GA) Tsongas The SPEAKER pro tempore. In the Lee (NY) Oberstar Shea-Porter Scott (VA) Turner Levin Obey Rangel opinion of the Chair, two-thirds being Sherman Serrano Upton Lewis (CA) Olson Rehberg Shimkus Sessions Van Hollen in the affirmative, the ayes have it. Lewis (GA) Olver Reichert Shuster Sestak Vela´ zquez RECORDED VOTE Linder Ortiz Richardson Simpson Shea-Porter Visclosky LoBiondo Pascrell Rodriguez Mr. MASSA. Mr. Speaker, I demand a Skelton Sherman Walden Loebsack Pastor (AZ) Slaughter Roe (TN) Shimkus Walz recorded vote. Lofgren, Zoe Paul Rogers (AL) Smith (NE) Shuster Wasserman A recorded vote was ordered. Lowey Paulsen Smith (NJ) Rogers (KY) Simpson Schultz Lucas Payne Rogers (MI) The SPEAKER pro tempore. This Smith (TX) Skelton Waters Luetkemeyer Pence Smith (WA) Rooney will be a 5-minute vote. ´ Slaughter Watson Lujan Perlmutter Snyder Ros-Lehtinen Smith (NE) Watt The vote was taken by electronic de- Lummis Perriello Roskam Souder Smith (NJ) Welch vice, and there were—ayes 396, noes 0, Lungren, Daniel Peters Space Ross Smith (TX) Wexler E. Peterson Speier Rothman (NJ) Smith (WA) Whitfield not voting 36, as follows: Lynch Petri Spratt Roybal-Allard Snyder Wilson (OH) Mack Pingree (ME) [Roll No. 209] Stearns Ruppersberger Souder Wittman Maffei Pitts Stupak Rush Space Wolf AYES—396 Maloney Platts Sullivan Ryan (OH) Speier Woolsey Abercrombie Carter Frelinghuysen Manzullo Poe (TX) Sutton Ryan (WI) Spratt Yarmuth Ackerman Cassidy Fudge Marchant Polis (CO) Tanner Salazar Stupak Young (AK) Aderholt Castle Gallegly Markey (CO) Pomeroy Tauscher Adler (NJ) Castor (FL) Garrett (NJ) Markey (MA) Posey Taylor NAYS—56 Akin Chaffetz Gerlach Marshall Price (GA) Teague Akin Duncan McClintock Alexander Chandler Giffords Massa Price (NC) Thompson (CA) Bachmann Flake Altmire Childers Gingrey (GA) Matheson Putnam McHenry Thompson (MS) Bartlett Foxx Andrews Clay Gohmert Matsui Quigley Miller (FL) Thornberry Barton (TX) Franks (AZ) Arcuri Cleaver Gonzalez McCarthy (CA) Radanovich Neugebauer Tiahrt Bishop (UT) Garrett (NJ) Austria Clyburn Goodlatte McCarthy (NY) Rahall Paul Tierney Blackburn Gingrey (GA) Baca Coble Gordon (TN) McCaul Rangel Pence Titus Boehner Goodlatte Bachmann Coffman (CO) Granger McClintock Rehberg Petri Tonko Broun (GA) Harper Bachus Cohen Graves McCollum Reichert Pitts Towns Burton (IN) Hastings (WA) Baird Cole Grayson McCotter Richardson Price (GA) Tsongas Buyer Hensarling Baldwin Conaway Green, Al McDermott Rodriguez Radanovich Turner Campbell Inglis Barrow Connolly (VA) Green, Gene McGovern Roe (TN) Royce Cantor Issa Bartlett Conyers Griffith McHenry Rogers (AL) Upton Carter Jordan (OH) Sensenbrenner Barton (TX) Cooper Guthrie McHugh Rogers (KY) Van Hollen ´ Chaffetz Kline (MN) Shadegg Bean Costa Hall (NY) McIntyre Rogers (MI) Velazquez Coble Lamborn Stearns Becerra Courtney Hall (TX) McKeon Rooney Visclosky Coffman (CO) Linder Sullivan Berkley Crenshaw Halvorson McMahon Ros-Lehtinen Walden Conaway Lummis Tiahrt Berman Crowley Hare McMorris Roskam Walz Culberson Manzullo Westmoreland Berry Cuellar Harman Rodgers Ross Wasserman Deal (GA) Marchant Wilson (SC) Biggert Culberson Harper McNerney Rothman (NJ) Schultz Bilbray Cummings Hastings (FL) Meek (FL) Roybal-Allard Waters NOT VOTING—37 Bilirakis Dahlkemper Hastings (WA) Meeks (NY) Royce Watson Watt Barrett (SC) Johnson (GA) Rohrabacher Bishop (GA) Davis (AL) Heinrich Melancon Ruppersberger Welch Brown, Corrine Johnson (IL) Shuler Bishop (NY) Davis (CA) Heller Mica Rush Westmoreland Burgess Johnson, Sam Sires Bishop (UT) Davis (IL) Hensarling Michaud Ryan (OH) Blackburn Davis (KY) Herger Miller (FL) Ryan (WI) Wexler Carney Kilroy Stark Blumenauer Davis (TN) Herseth Sandlin Miller (MI) Salazar Whitfield Clarke King (NY) Terry Blunt DeFazio Higgins Miller (NC) Sa´ nchez, Linda Wilson (OH) Costello Kingston Thompson (PA) Dreier Kirk Boccieri DeGette Hill Miller, Gary T. Wilson (SC) Tiberi Boehner Delahunt Himes Miller, George Sanchez, Loretta Wittman Fortenberry Larsen (WA) Wamp Grijalva Lipinski Bonner DeLauro Hinchey Minnick Sarbanes Wolf Waxman Gutierrez Moran (VA) Bono Mack Dent Hinojosa Mitchell Scalise Woolsey Weiner Jackson (IL) Neal (MA) Boozman Diaz-Balart, L. Hirono Mollohan Schakowsky Yarmuth Wu Jackson-Lee Pallone Boren Diaz-Balart, M. Hodes Moore (KS) Schauer Young (AK) (TX) Reyes Young (FL) Boswell Dicks Hoekstra Boucher Dingell Holden NOT VOTING—36 b 1909 Boustany Doggett Holt Barrett (SC) Jackson-Lee Rohrabacher Boyd Donnelly (IN) Honda Brown, Corrine (TX) Shuler Mr. BURTON of Indiana changed his Brady (PA) Doyle Hoyer Burgess Johnson (IL) Sires vote from ‘‘yea’’ to ‘‘nay.’’ Brady (TX) Driehaus Hunter Carney Johnson, Sam Stark So (two-thirds being in the affirma- Braley (IA) Duncan Inglis Clarke Kilroy Terry Bright Edwards (MD) Inslee Costello King (NY) Thompson (PA) tive) the rules were suspended and the Broun (GA) Edwards (TX) Israel Deal (GA) Kingston Tiberi Brown (SC) Ehlers Issa bill was passed. Dreier Larsen (WA) Wamp Brown-Waite, Ellison Jenkins Lipinski The result of the vote was announced Fortenberry Waxman Ginny Ellsworth Johnson (GA) Moran (VA) as above recorded. Grijalva Weiner Buchanan Emerson Johnson, E. B. Neal (MA) Gutierrez Wu A motion to reconsider was laid on Burton (IN) Engel Jones Pallone the table. Butterfield Eshoo Jordan (OH) Jackson (IL) Reyes Young (FL) Buyer Etheridge Kagen f Calvert Fallin Kanjorski ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Camp Farr Kaptur The SPEAKER pro tempore (during SUPPORTING THE GOALS AND Campbell Fattah Kennedy the vote). Two minutes remain on this IDEALS OF NATIONAL VOLUN- Cantor Filner Kildee vote. TEER WEEK Cao Flake Kilpatrick (MI) Capito Fleming Kind The SPEAKER pro tempore. The un- Capps Forbes King (IA) b 1917 finished business is the question on Capuano Foster Kirk So (two-thirds being in the affirma- Cardoza Foxx Kirkpatrick (AZ) suspending the rules and agreeing to Carnahan Frank (MA) Kissell tive) the rules were suspended and the the resolution, H. Res. 335. Carson (IN) Franks (AZ) Klein (FL) resolution was agreed to.

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.000 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10710 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 27, 2009 The result of the vote was announced their work sites. They must also sup- States have taken it upon themselves as above recorded. ply compliance data regarding OSHA to enact their own reforms out of des- A motion to reconsider was laid on inspections and citations that have oc- peration to increase quality, provide the table. curred at any and all of their work care for the uninsured and under- f sites. insured, and rein in uncontrolled cost OSHA is not currently required to increases. Many have turned to the PERSONAL EXPLANATION conduct nationwide investigations into model that has proven to meet those Mr. GUTIERREZ. Mr. Speaker, I was un- large companies with multiple estab- goals inside and outside the U.S., the avoidably absent from this Chamber today. I lishments. Therefore, serial offenders single-payer health care model. would like the record to show that, had I been can hide in the weeds and avoid mak- In the last 3 years, the California present, I would have voted ‘‘yea’’ on rollcall ing their workplace as safe as possible. State legislature has twice passed a votes 207, 208 and 209. This legislation would bring these com- single-payer bill. Pennsylvania, Colo- Ms. CLARKE. Mr. Speaker, I would like to panies into the light of day and provide rado, Illinois, Montana, New York, state for the record my position on the fol- OSHA invaluable data so they can pro- Washington, Ohio, and Minnesota are lowing votes I missed due to flight delays as tect workers in danger of illness, acci- also home to single-payer bills with a result of air traffic control issues and runway dents, or worse. strong grassroots movements. Unfortu- repairs at LaGuardia Airport. I was in New I look forward to working with my nately, if the bills were to pass, Fed- York for a press conference with Mayor colleagues to advance this legislation, eral barriers would need to be over- Bloomberg addressing the Swine Flu Pan- ensuring safer and healthier working come. ERISA could preempt the States demic. conditions to workers across the coun- from enacting their own health care re- On Monday, April 27, 2009 I missed votes try. form. Waivers would need to be granted on H. Res. 329, H.R. 1746 and H. Res. 335. f that would allow the States to redirect the Federal funds they currently re- Had I been present, I would have voted ‘‘yea’’ REMEMBERING SARVELIO DEL ceive for health care. Federal financial on the following votes: VALLE H. Res. 329—Recognizing the anniversary assistance, if necessary, could also be of the tragic accident of the steamboat ship (Ms. ROS-LEHTINEN asked and was imperative. given permission to address the House SS Sultana (Representative SNYDER—Armed Enabling the States to meet their Services). for 1 minute and to revise and extend own needs would be a strong com- H. Res. 1746—Pre-Disaster Mitigation Act her remarks.) plement to a national health care re- Ms. ROS-LEHTINEN. Mr. Speaker, of 2009 (Representative OBERSTAR—Transpor- form plan. Congress should call for lan- our south Florida community has suf- tation and Infrastructure). guage that allows the States to imple- fered a deep loss with the passing of H. Res. 335—Supporting the goals and ment a single-payer plan if they so Sarvelio del Valle, a well-known sports ideals of National Volunteer Week (Represent- choose. commentator for Radio Mambi, part of ative PLATTS—Education and Labor). f the Univision family. f Sarvelio was respected not only for CONGRATULATING RENEE MONT- his encyclopedic knowledge of sports, GOMERY AND UCONN WOMEN’S REMOVAL OF NAME OF MEMBER BASKETBALL TEAM AS COSPONSOR OF H. Con. Res. 49 but also for his great love of his family, especially his pride for his grand- (Mrs. CAPITO asked and was given Ms. EDDIE BERNICE JOHNSON of children and great-grandchildren. He permission to address the House for 1 Texas. Mr. Speaker, I ask unanimous was an outstanding sports commen- minute and to revise and extend her re- consent to withdraw my name as a co- tator who was respected by all. marks.) sponsor of H. Con. Res. 49. Every day on Radio Mambi, Sarvelio Mrs. CAPITO. Mr. Speaker, today I The SPEAKER pro tempore. Is there would get the latest sports news to our rise to honor the University of Con- objection to the request of the gentle- community, and his segments were in- necticut women’s basketball team for woman from Texas? deed the most listened to of that sta- their incredible accomplishments on There was no objection. tion. Just a few years ago, in fact, he the court. f was actually voted as the ‘‘Most Pop- Led by head coach Geno Auriemma, ular Radio Personality in Sports.’’ the Huskies went undefeated to win CORPORATE INJURY, ILLNESS, He started his broadcast career in their sixth national title by defeating AND FATALITY REPORTING ACT sports in Puerto Rico in 1962, moved to the University of Louisville 76–54 in the OF 2009 Miami in 1970, and was well-known for NCAA Division I championship. (Mr. HARE asked and was given per- his Spanish language broadcast of the But today I want to commend one of mission to address the House for 1 Miami Heat basketball games and the West Virginia’s most accomplished stu- minute and to revise and extend his re- University of Miami football games. He dent athletes, a member of that team; marks.) also narrated boxing matches around a young woman I have seen play since Mr. HARE. Mr. Speaker, tomorrow is the world, but it was in the Florida she was a young girl, and someone that the 39th anniversary of the Occupa- Marlins’ games where he excelled. my daughters competed against since tional Safety and Health Act. While My deepest sympathy goes to his they were little girls. I would like to this law has resulted in great strides family, his great and loving friend, commend my congratulations to senior for workplace safety, too many work- Armando Perez-Roura of Radio Mambi, Renee Montgomery of Saint Albans, ers are still at risk of injury, illness, or and his countless fans throughout the West Virginia. even death in their jobs. In fact, each south Florida community. During her high school career, she year, 6,000 workers are killed on the job Te vamos a extranar, Sarvelio—we helped Capital High School win a State and thousands more are injured. will miss you, Sarvelio. championship, and subsequently led On the eve of Workers’ Memorial Day f South Charleston High School to three to honor all the workers who have been appearances in the State championship injured or killed at work, I rise to in- SINGLE-PAYER PLAN FOR THE game. Her performance with the troduce the Corporate Injury, Illness, STATES Huskies as a point guard was an inte- and Fatality Reporting Act of 2009. (Mr. KUCINICH asked and was given gral part of the team’s success this sea- This legislation would require Amer- permission to address the House for 1 son. She was a 4-year starter for the ica’s largest employers to accurately minute and to revise and extend his re- Huskies, scoring an impressive 1,500 ca- report to the Department of Labor on marks.) reer points and 500 assists, one of only the numbers and rates of work-related Mr. KUCINICH. As the effort to re- three players ever to do so. She is the deaths, injuries, and illnesses at all of form health care gathers momentum, only player in school history to rank in

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.000 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10711 the top 10 in points, assists, steals, and put the taxpayers’ checkbook down and To his beloved wife, Yaya, and his en- 3-pointers. make some tough choices too. tire family, my most sincere condo- Renee is from a wonderful West Vir- House Republicans have and will con- lences. I will greatly miss Sarvelio del ginia family. She is the best of West tinue to offer our set of bold and fis- Valle. And like his many friends and Virginia, and we are very proud of her cally responsible proposals to encour- the countless thousands who were his and the Huskies. age job creation, limit growth in gov- devoted listeners, I will never forget f ernment, and help American families him. rebuild their savings. We stand ready May God bless the soul of my friend, NATIONAL HEALTHY SCHOOLS to work with anyone who believes, as Sarvelio del Valle. DAY the American people do, that we can- f (Mr. TONKO asked and was given not simply continue to throw money at permission to address the House for 1 the challenges we face. b 1930 In conclusion, God bless our troops, minute and to revise and extend his re- SPECIAL ORDERS marks.) and we will never forget September the Mr. TONKO. Mr. Speaker, I rise 11th in the global war on terrorism. The SPEAKER pro tempore. Under today to recognize National Healthy f the Speaker’s announced policy of Jan- uary 6, 2009, and under a previous order Schools Day, which is being celebrated WATER SAVES LIVES around the country today. of the House, the following Members National Healthy Schools Day recog- (Mr. POE of Texas asked and was will be recognized for 5 minutes each. nizes the importance of having a clean given permission to address the House f and healthy indoor environment in our for 1 minute.) BORDER WAR CONTINUES Nation’s schools. And today I intro- Mr. POE of Texas. Mr. Speaker, what duced a House resolution officially rec- do six terrorist attacks, Gitmo, dead The SPEAKER pro tempore. Under a ognizing National Healthy Schools Americans, and Khalid Sheik Moham- previous order of the House, the gen- Day. med—also known as KSM—have in tleman from Texas (Mr. POE) is recog- Some 54 million children spend their common? Waterboarding. nized for 5 minutes. Last week, several top secret na- days in our Nation’s schools, half of Mr. POE of Texas. Mr. Speaker, I tional security papers were released to which have problems with indoor air bring you news from the second front, the public. We learned from these docu- quality. Children are more vulnerable and that’s the border war that the ments that waterboarding is appar- than adults to environmental hazards United States has on the border with ently saving American lives. After in their schools because of their devel- Mexico down in the southern part of being waterboarded numerous times at oping immune systems and small bod- the United States. Gitmo, KSM, the killer responsible for ies. I had the opportunity for the last planning 9/11, started talking. He told Poor indoor environmental quality couple of weekends to spend some time the CIA about plans to hijack an air- has been linked to asthma and other with our Texas border sheriffs and the plane and crash it into a skyscraper in illnesses in children. With one out of Air National Guard. In fact, I got to fly Los Angeles and kill Americans. He every 13 children suffering from asth- with the Texas Air National Guard and disclosed the 17-member terrorist cell ma—the number one cause of missed their helicopters on a mission a couple charged with executing that plan. He school days—it is very important that of weeks ago, and I want to give my also exposed plans of another terrorist we address this issue. Healthy and compliments and thanks to Lieutenant cell in New York plotting to destroy high-performance schools are the an- Colonel Drew Daugherty, Major Bill the Brooklyn Bridge. Taylor, and others yet to be named swer to this problem. They reduce in- The enhanced interrogation encour- door environmental hazards and are en- whose identities should remain con- aged KSM to disclose information by fidential. ergy efficient. naming the ringleaders of four other I was proud to work with the New In any event, we had the opportunity terrorist attacks. Americans are alive to fly up and down the Rio Grande York State Energy Research and De- because this individual was doused in velopment Authority to develop New River at dusk and then at dark to see water. what has taken place on that border York State’s High Performance Terrorists are not victims. The only with Mexico. We saw a couple of inci- Schools guidelines, and I am proud to victims are thousands of people who dents where individuals had crossed recognize National Healthy Schools have died at the hands of these out- into the United States. They were later Day. laws. The CIA interrogators have saved apprehended by the Border Patrol. We f American lives by baptizing these saw one incident where there was obvi- AMERICAN FAMILIES DEMAND criminals in water. And that’s just the way it is. ously a smuggling operation getting FISCAL RESPONSIBILITY ready to take place on the Mexican (Mr. WILSON of South Carolina f side of the river, where we could see asked and was given permission to ad- REMEMBERING SARVELIO DEL from the American side a drug cartel dress the House for 1 minute and to re- VALLE apparently, in my opinion, was loading vise and extend his remarks.) (Mr. LINCOLN DIAZ-BALART of up duffel bags so that they could move Mr. WILSON of South Carolina. Mr. Florida asked and was given permis- those into the United States. That in- Speaker, families in South Carolina sion to address the House for 1 minute.) formation was given to the Border Pa- are fed up with reckless Washington Mr. LINCOLN DIAZ-BALART of trol, and I suspect that the Border Pa- spending. They are fed up with the Florida. Mr. Speaker, I rise to pay re- trol apprehended those individuals massive borrowing that threatens their spects to a friend who passed away this when they came across the United children’s future, their own retire- weekend, Sarvelio del Valle. Sarvelio States. These low-altitude helicopters ments, and Social Security. They are del Valle was the director of the sports are very important in the fight against concerned about future tax increases department, sports broadcaster, and the drug cartels that come into the on American families and small busi- commentator for Radio Mambi, WAQI United States. nesses destroying jobs. in Miami. He was also so much more. There are some issues, however. The If we are to restore fiscal sanity to A lifelong journalist, he possessed an Air National Guard, like the National Washington, then Congress needs to unparalleled knowledge of sports and Guard, does not have enough equip- listen to the American people because sports history. And he was also the per- ment. For this massive 1,800-mile bor- they get it. They have had to make sonification of cordiality, grace, good der here in Texas, there are only four tough decisions to balance their budg- humor, patriotism, decency, and helicopters that the Air National ets, and it is past time that Congress friendship. Guard has. And when something else

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.000 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10712 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 27, 2009 occurs in the State like a hurricane or tistics were not, shall I say, as accu- J.P. Morgan Chase are trading at 15 like a fire, those helicopters are pulled rate as the sheriffs wanted to give me; cents on the dollar. Despite increas- off surveillance and they’re taken so I’m not going to give that informa- ingly better offers than that, Citigroup somewhere else in the State. tion because I’m not sure about the and J.P. Morgan Chase insist that they So the first issue is that we as a Na- exact percentage. and their fellow banks are entitled to tion should support the National Guard But if we move on down the Rio more, more of your money. More of our and the Air National Guard in their Grande River, and, of course, this is money. That is greed in its purest work with the border sheriffs and with Mexico to the south and this is the rest form. More, more, and more for them the Border Patrol, the ATF, the Drug of Texas up here, just going down the and their cronies, and less and less and Enforcement Agency, and anyone else river, we have Val Verde County and less for everyone else. They have in the Federal Government that’s about 39 percent of the people are for- bilked America on the front end and working to protect the dignities of our eign nationals. In Kinney County 71 then on the back end. borders. percent of the people in the county jail First, the front end by restricting the As I mentioned earlier, I had the op- are foreign nationals; Maverick Coun- availability of credit to consumers portunity also to be with our Texas ty, 65 percent; Dimmit County, 45 per- looking to purchase cars and car deal- sheriffs. There are 16 counties on the cent; Webb County, that’s where La- ers looking to finance their show- Texas-Mexico border. All 16 of those redo is, about 45 percent are from for- rooms. Just squeeze them down out of sheriffs plus four other sheriffs are in eign countries; Zapata County, about existence by shutting off their credit. what is called the Texas Border Sher- 65 percent. And now at the back end by denying iffs Coalition. And I talked to those in- And moving on down the Rio Grande the restructuring of GM and Chrysler’s dividuals, specifically Sheriff Cuellar, River to the Gulf of Mexico here, Starr debt. Yes, they keep America’s cash who is the brother of our own Henry County, 53 percent; Hidalgo County, 23 but then deny us the ability to access Cuellar from Laredo. He’s the sheriff of percent; and then Cameron County, it in the marketplace to buy cars and Webb County. Sheriff Sigi Gonzalez where Brownsville matches or comes furnishing dealers’ showroom floors. from Zapata County, Sheriff Arvin across from the river from Matamoros, Very clever. It’s a tourniquet at both West from Hudspeth County, and Sher- about 28 percent. ends. iff Oscar Carrillo from Culberson Coun- So, Mr. Speaker, you can make sta- Wall Street’s idea is to bleed Chrys- ty. And all of those individuals said ba- tistics prove whatever you want them ler retirees, Fiat, and the American sically the same thing, that they’re to prove, but it shows that people from taxpayers dry. They care for their own concerned about what they call the foreign countries cross the Rio Grande interest at the expense of the national ‘‘cross-border travelers’’ that come River and come into the United States interest. The American automobile industry is into the United States and commit and commit crimes. These people need just one victim of Wall Street’s melt- crimes in the United States. to be held accountable for that, and the down. The industry is the lifeblood of We hear a lot, Mr. Speaker, from all way to do that is to secure our borders so many communities, and they were different sources about the crimes in by using the National Guard, the Bor- just on the cusp of a new green engine Mexico coming into the United States. der Patrol, the sheriffs, the sheriff’s We have some that say they do occur. era, and they have been forced to their deputies, and all the Federal agencies knees. We have others that say, no, it’s not because the first duty of government is Of course, the banksters bail out really a problem over here. It’s dif- to protect our Nation. their friends, firms like AIG. Beyond ficult to find out exactly what the And that’s just the way it is. mere life support, they were handed truth is. So I asked the sheriffs of these f over $70 billion. That’s putting all the counties who are responsible for the auto bailout together and multiplying safety of their own community. These GIVE AMERICA BACK TO THE AMERICAN PEOPLE it times five. Not only does AIG have sheriffs patrol massive amounts of special access to policymakers and The SPEAKER pro tempore. Under a land, and I contacted them and asked your tax dollars; they didn’t have to them this question: How many people previous order of the House, the gentle- take any haircuts. in your county jail are foreign nation- woman from Ohio (Ms. KAPTUR) is rec- Compare that to what is being asked als that are in jail charged with a ognized for 5 minutes. of autoworkers: first, give up your job, crime in the United States, such as a Ms. KAPTUR. Mr. Speaker, tonight move out of your community, cut your misdemeanor or a felony, not foreign as General Motors, Chrysler, and the wages and your health benefits too, nationals who are in jail just on immi- United Auto Workers struggle with the and, oh, by the way, we want to go gration violations? And it didn’t make imposed government deadlines that after your retirement benefits, even any difference what country they were will determine their survival, I wish to the widows and retirees out of those from, but that was the question that I share with you Harold Meyerson’s arti- firms. posed to these border sheriffs. And I cle ‘‘Break Up the Banks’’ from The Meanwhile, AIG pensioners, well, will give you some of the statistics, Washington Post last Friday. they’re alive and well. Their health Mr. Speaker, tonight. You see, what has been holding up care benefits are not threatened. Their In El Paso County, one of the largest the deal to save the American auto in- counterparties are kept whole. While counties on the Texas-Mexico border, dustry, save America’s jobs, and hardworking blue collar America is the sheriff’s department there said breathe life into communities where squeezed dry, they’re just as happy as about 18 percent of the people in the wealth is actually created and not just clams. county jail are foreign nationals. traded away is something not much Right now it’s Wall Street versus the Hudspeth County right next door, talked about, and that is the American people. Surely those that which is a massive county that has megabanks, centered, yes, on Wall work hard and make things with their really not enough sheriff’s deputies, Street, again. hands and end up with all the injuries the sheriff told me personally that Citigroup and J.P. Morgan Chase to prove it, with bodily wear and tear, about 90 percent of the people in his that were huge Treasury bailout recipi- don’t they deserve some regard? Don’t county jail are foreign nationals ents, billions and billions and billions they have some rights for three dec- charged with crimes in the United of dollars, who turned a profit this ades in an auto plant? Well, Citigroup, States. A massive amount of individ- year, by the way, are the leading cul- Bank of America, J.P. Morgan Chase, uals. prits for the rest of the banks in slow- HSBC, Wells Fargo, and the rest of the Next door in Culberson County, it ing down or impeding the Obama ad- high fliers up there on Wall Street, was about 22 percent. The four counties ministration’s efforts to restructure they want to deny these folks the right in the middle, Jeff Davis, Presidio, Chrysler. Currently, Chrysler’s bonds to their hard-earned benefits and Brewster, and Terrell County, the sta- found on the books of Citigroup and wages.

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.000 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10713 American workers built and continue As events would have it, the very same sonnel to serve in Iraq and Afghanistan to build America, while Wall Street de- Citigroup and J.P. Morgan Chase are the and other parts of the world. stroys not just capital; they destroy in- lead negotiators for the banks that are ob- Unfortunately, many of these serv- dustries. They destroy communities. jecting to the Obama administration’s ef- icemembers are returning with symp- forts to restructure Chrysler. Chrysler’s They destroy people’s lives. Now, we bonds, which these banks hold, are trading toms of posttraumatic stress disorder, can see who has that power. But that at 15 cents on the dollar, the amount the known as PTSD, and traumatic brain isn’t what America was supposed to be government offered to pay the banks in its injuries, known as TBI. all about. When you work hard and you initial proposal to restore the company to vi- A 2008 study by the RAND Corpora- build something real for the Nation’s ability. Yesterday, the government upped tion found that nearly 20 percent of might, you expect a fair deal. And that that amount to 22 cents, plus a 5 percent eq- Iraq and Afghanistan veterans have was supposed to be the American uity share in the company. Citigroup and symptoms of PTSD or major depres- Dream, for the many, not just the priv- J.P. Morgan Chase, however, insist that they sion. This study also found that many and their fellow banks are entitled to more, ileged few. Today a real industry, auto though that ‘‘more’’ could only come at the servicemembers say they do not seek production, gets stomped on, chewed expense of Fiat (the auto company that is treatment for psychological illnesses up, spit out because Wall Street robbed providing the new car lines and technology because they feel it will harm their ca- the kitty. They stole our hard-earned without which Chrysler will fold) or the com- reers. When some servicemembers suf- money and continue to beg, borrow, pany’s retirees (to whose health-care fund fering from PTSD or TBI are not prop- and steal from American citizens. Chrysler is legally obligated) who built the erly treated, they wind up self-medi- Sales in business after business, includ- company, or the taxpayers who are keeping cating or experiencing changes in be- Chrysler alive. ing the auto industry, have gone down Instead of playing Scrooge (and a publicly havior that lead to serious legal issues because the bailout recipients didn’t subsidized Scrooge, at that), what the banks and the threat of separation from their make loans. Credit is frozen. People should do is lend Chrysler their accountants. service without benefits or treatment. can’t buy cars. The Big Three is suf- Maybe they’d show that the company turned One disturbing example involves a fering. So what does Wall Street do? It a profit last year. lance corporal who is stationed in my gets its friends, its shills, on the op-ed The banks’ lobbyists, meanwhile, have district at Camp Lejeune. The marine pages and other media to shift the been hard at work, too. Bills to limit credit had been facing involuntary adminis- card fees and penalties—my favorite fee is trative separation due to misconduct. blame. the one banks charge some customers for So who gets the blame for the stran- making (not missing, making) a payment— His fitness reports prove that he was an gled auto industry? Is it Detroit that’s are moving through both houses of Congress, outstanding marine prior to his deploy- the problem? No, my friends. It’s Wall but the Senate version has yet to receive any ment to Iraq and Afghanistan. Street that’s the problem. And it’s support from Republicans. A bill that would His medical board reports, and it time that we put America back on its enable bankruptcy judges to modify mort- states, and I quote, ‘‘His service in the feet again. And as Mr. Meyerson sug- gage terms has also hit a wall in the Senate, Marine Corps caused his PTSD and, in- gests in his very last sentence, pass the with Republican leaders claiming the back- directly, his incidents/legal problems. anti-trust laws we need in order to ing of all 41 of their members to filibuster The Marine Corps’ failure to treat him the bill when it comes to the floor. scale down these banks and give Amer- President Obama told representatives of in the past and treat him appropriately ica back to the American people. the major banks yesterday that he backs the has done nothing but worsen the prob- [From the Washington Post, Apr. 24, 2009] limits on credit card charges. The question lem.’’ BREAK UP THE BANKS here is whether the administration and con- If this marine would be administra- (By Harold Meyerson) gressional Democrats will use this issue to tively separated from service, he will go after the Republicans, whose decision to THIS WEEK IN BANKING not have a chance to be eligible for align themselves with the banks, particu- Our leading financial institutions an- TRICARE benefits. He would have dif- larly on the issue of credit card fees, is in- nounced that they had actually made a prof- ficulty obtaining a job, and it is un- comprehensibly dumb even by their stand- it in the year’s first quarter through the cre- ards. Socially liberal bankers may be a fi- likely that a university would accept ative manipulation of rules and regulations, nancial mainstay of the new-model Demo- him as a student. lobbied Congress to preserve their ability to cratic Party, but if the Democratic Senate Fortunately, the Marine Corps has raise credit card interest rates just for the and House campaign committees don’t run decided to give this marine another heck of it and opposed the administration’s against the Republicans for backing the chance, and he will be transferred to a plan for restructuring Chrysler, which would moral sewer and economic disaster that is save some jobs and honor pension obliga- naval hospital for PTSD treatment. our modern banking industry, they will be tions, in the hope that they can redeem the However, this is not an isolated prob- derelict in their political duties. company’s bonds at a higher level than And that should just be the beginning. The lem. Many servicemembers have al- they’re trading at just now. And, to round Democrat in the White House and the Demo- ready lost their benefits due to an ad- out the picture, the Wall Street Journal re- crats on the Hill are committed to legisla- ministrative separation from their ported this week that lending at the 19 larg- tion that regulates our dysfunctional wards service. est TARP recipients was 23 percent lower in in the banking industry, but regulations by For this reason, I have introduced February—by which time these banks had themselves won’t solve the problem of the H.R. 1701, the PTSD/TBI Guaranteed received hundreds of billions of dollars in banks being too big to fail—and so big that Review for Heroes Act. H.R. 1701 at- public funds intended to enable them to lend they dominate campaign finance and, with more—than it had been in October, before tacks the issue from two angles. it, much of the business of lawmaking. We First, the bill creates a special re- the floodgates of tax dollars had been fully need to amend our antitrust laws so we can opened. scale down banks to the point that they no view board at the Department of De- This is what our major banks are up to at longer imperil our economic and political fense for servicemembers who were less a time when it is our largess that is keeping systems. As things stand now, it’s we who than honorably discharged. And, sec- them afloat. are serving their needs, not they who are ond, the bill would mandate a physical The week began with a burst of creative serving ours. It’s time to turn that around. accounting. Citigroup, into which we’ve sunk evaluation board prior to an adminis- more dough than any other company, with f trative separation proceeding if the servicemember has been diagnosed the possible exception of AIG, claimed a b 1945 profit for the first quarter of this year be- with PTSD or TBI by medical author- cause its bonded debt has lost value, which PTSD/TBI GUARANTEED REVIEW ity. Ultimately, the legislation would under the rules of accountancy enabled it to FOR HEROES ACT help preserve the benefits of the serv- register a one-time gain equal to that lost The SPEAKER pro tempore. Under a icemember upon leaving the service. value, because Citi could, in theory, buy At a news conference last week, I was back its own bonds for less. J.P. Morgan previous order of the House, the gen- Chase, whose fire-sale purchase of Bear tleman from North Carolina (Mr. grateful to be joined by representatives Stearns we taxpayers backed, declared a JONES) is recognized for 5 minutes. from the National Association for Uni- similar profit because of a similar decline in Mr. JONES. Mr. Speaker, our Nation formed Services, the National Military the value of its bonds. has asked many of its military per- Family Association and the Military

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.000 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10714 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 27, 2009 Officers Association of America, who On May 8 of last year, he said Israel million in additional direct cash trans- spoke in support of this legislation. is a ‘‘stinking corpse’’ and is on its way fers to the Palestinian Authority. The Air Force Sergeants Association, to total destruction. A few months In short, as we craft policy to protect Veterans of Foreign Wars, the Military later, on August 20, he referred to our Nation, we must reward those who Order of the Purple Heart and Marine Israel as a ‘‘germ of corruption’’ that stand with us, compel those who Corps League have endorsed this bill. If will be ‘‘removed soon.’’ threaten us to change their course, and our government and the military fail A year prior, on June 3, 2007, demand accountability in exchange for to address problems associated with Ahmadinejad stated, ‘‘With God’s help, our hard-earned taxpayer dollars. PTSD, the situation will only grow the countdown button for the destruc- f worse in future years. tion of [Israel] has been pushed.’’ In 2007, President Obama and Vice In October of 2005, he asked ‘‘Is it FIRST 100 DAYS OF OBAMA President BIDEN joined Senator Kit possible for us to witness a world with- PRESIDENCY Bond and others in writing President out America and Zionism? You had The SPEAKER pro tempore. Under Bush about the need to ensure that any best know that this slogan and this the Speaker’s announced policy of Jan- discharge a servicemember receives ‘‘is goal are attainable and, surely, can be uary 6, 2009, the gentleman from Texas proper and provides for their subse- achieved.’’ (Mr. CARTER) is recognized for 60 min- quent care for all service-connected in- Mr. Speaker, his words and actions utes as the designee of the minority juries, visible and invisible.’’ do not merely reflect his own views or leader. Given his previous interest in the those of a few powerless extremists, Mr. CARTER. Mr. Speaker, we cele- issue, I hope President Obama will but, rather, Iran’s supreme leader, for brate today, shortly, I think in 2 days, make H.R. 1701 a priority for his ad- example, said, ‘‘This cancerous tumor we celebrate 100 days of President ministration. of a state should be removed from the Obama’s Presidency. His rankings are I am very pleased to have Congress- region.’’ way up there, and we all respect him man GENE TAYLOR of Mississippi as Rafsanjani, the former Iranian leader on his first 100 days, but I am going to lead cosponsor of the bill, as well as who continues to hold significant influ- talk about those 100 days because I Congressman BILL PASCRELL and TODD ence and who some mistakenly call a have a little bit different viewpoint PLATTS, both cochairmen of the Con- moderate, has threatened Israel with than others might. I highly respect the gressional Brain Injury Task Force. I destruction by nuclear weapons, going man but, in turn, you can view the hope that many of my colleagues in the on to say that even the use of one nu- world differently, and I certainly view House will join us as cosponsors of this clear bomb inside Israel will destroy the world differently than Mr. Obama important legislation for our Nation’s everything, while it will merely harm and the majority party. military heroes. I am going to talk, and I hope I will Before closing, Mr. Speaker, I would the Islamic world. Ahmadinejad’s ha- be joined by some of my colleagues, a like to ask God to please bless our men tred for Israel, for the Jewish people, little bit about the way I look at the and women in uniform; I would like to for the Great Satan, that is the United last 100 days and actually farther back ask God to please bless the families of States, for freedom, for democracy and than 100 days, the way I look at the our men and women of uniform; and, all that the United States and Israel last 6 months of what’s going on in this God, please bless the families who have represent, transcends rhetoric into country and where we are going and given a child dying in Afghanistan and policies and actions that threaten vital what concerns I have. Iraq. And I close by asking God to con- U.S. security interests and pose an ex- Now, I want to make it very clear tinue to bless America. istential threat to Israel. Foremost are Iran’s sponsorship of that I am not doing this to get on Ms. f violent Islamic groups and its pursuit NAPOLITANO’s hit list. I am just doing DURBAN II HATE-FEST IN GENEVA of nuclear, chemical, biological and this to express my opinion. The SPEAKER pro tempore. Under a missile capabilities. Responsible na- The first thing, when you start try- previous order of the House, the gentle- tions cannot accept the prospect of an ing to look at this new administration woman from Florida (Ms. ROS- emboldened nuclear Iranian regime. We and the direction we are taking the LEHTINEN) is recognized for 5 minutes. must close loopholes in existing U.S. country, you have got to start, I think, Ms. ROS-LEHTINEN. Mr. Speaker, and international sanctions so as to with our foreign policy. And I think, last week’s Durban II hate-fest in Ge- deny the regime all remaining lifelines literally, the first thing or almost first neva reminded us once again of the and compel it to abandon its destruc- thing that the President of the United anti-Semitic, anti-Israel bias that per- tive policies. States did when he became President of vades the United Nations, and rein- Likewise, we must learn history’s the United States was to order the de- forced why the United States and sev- lesson that we will not achieve peace tention facility at Guantanamo Bay to eral other responsible nations were by embracing Islamic militant groups be closed down and, of course, we are right to stay away. like the Iranian proxy Hamas, or by now having the debate as to what we Given what amounted to a keynote recognizing a Palestinian Authority are going to do with the prisoners that speech, Iranian leader Mahmoud government that includes Hamas. were there. Ahmadinejad reminded us of his re- The proposed supplemental, which As a result of putting the spotlight gime’s goals when he savagely at- will be before the House in a few weeks, on Gitmo, we put a spotlight on the ar- tacked the U.S. and Israel and called would provide hundreds of millions of gument of whether or not certain be- for radical political and economic up- dollars for assistance in Gaza. And this havior is torture or not torture. And, heaval on his terms. would amount to a bailout for Hamas, clearly, this is a matter of opinion. He added, ‘‘World Zionism personifies enabling them to divert their funds And then we, as of yet, have not had of- racism’’ and said that Israel is a ‘‘to- from reconstruction to the purchasing ficial release of documents that tell us tally racist’’ regime. of arms. what resulted from these various pro- But such statements by Iran’s We have tried unconditional funding cedures like waterboarding, as far as Ahmadinejad come as no surprise. The to an unaccountable Palestinian lead- information gained by our intelligence Iranian leader frequently pushes for ership again and again, and it has not folks. Israel’s destruction, saying that this worked. There is no reason to expect a But the argument is that this was a sovereign state should be wiped off the different outcome now. great thing to do, to close down Guan- map, calling it a disgraceful blot on the Mr. Speaker, just today the Pales- tanamo Bay. I disagree. I actually face of the Islamic world and pro- tinian Authority leader Abu Mazen think it was almost the perfect place claiming that anyone who recognized again refused to recognize Israel as a for us to keep those folks because, Israel will burn in the fire of the Is- Jewish state. But the proposed supple- quite frankly, I haven’t seen anyone, lamic nation’s fury. mental before us would allocate $200 certainly none of our European allies

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.000 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10715 have stepped up yet and said that they as some of our allies have done when From a foreign policy standpoint, I were willing to take them. We have had they have gone to the battle areas that don’t think we laid a good foundation a few that stepped up and their polit- we are fighting terrorists in. there, not a foundation of being the ical leaders said, whoa, time out, we Oh, by the way, one of the things voice for freedom in the world. But are not going to do that. that the Obama administration has then good men of good character can A fellow has got a private prison done through Mrs. NAPOLITANO is we disagree, and I certainly think that the somewhere in the country said this are not supposed to call these folks President of the United States dis- morning he would take them, and ‘‘terrorists’’ anymore, but I have a agrees with that position, and cer- then—I am not sure who the official hard time remembering what I am sup- tainly he is an American citizen and is was, who said, oh, no, you are not posed to call them, so I am going to rightfully able to do so, just like I am. going to take them. So right now we call them that until I can remember When the President, when we had don’t have anyplace to put them. what the new politically correct term visitors here from Great Britain, it was I would volunteer the Williamson she invented is. about the time we sent the bust of Win- County jail, because I know that they The President went to visit with the ston Churchill back to England, which would wish they were back at Gitmo, Central and South American leaders. was supposed to be a permanent gift to but I don’t think they are willing to He has opened the doors, or is attempt- this country, but somehow it got sent take them. So we are at a dilemma on ing to open the doors, to a regime that back. The President met the Queen. He that, and we are at a dilemma on has been a very, very evil regime since shook her hands with both hands, and whether or not what has happened to I guess I was a freshman in high school, then bowed to the leader of Saudi Ara- these folks that are in this detention and, believe me, that is a long time bia, King Abdullah. The view of the facility is, in fact, torture. ago. world is just different from the heights I think that the general consensus in Fidel Castro, we all thought he was that the President views it and from going to be the savior of mankind when the press is that it is. But did it result the lowly position here in Congress he came to the United States in, what in something that saved the lives of that we view it, at least from my was it, ’56 or ’57, until we got to know Americans, that’s a good question. standpoint. him and realized he was nothing more Hopefully that information will be That is enough to talk about the for- than what all dictators seem to be and released in the very near future. I eign policy. But the truth is we are they are, and that is a tyrant who to- know the President and Senate re- trying to be open and we are trying to tally and completely persecuted any quested it. And I hope that we get that reach out to folks and we are asking opposition that might arise in his full information so we, as Americans, them to let’s all be friends, and hope- country of Cuba. He has slaughtered in- can get a good picture of whether or fully we all will be. nocents for 50 years, and his brother not this is really a good thing that we If there is one thing that you have to doesn’t seem to be moving in any other did. look at this 100 days that the President direction but backing up Fidel. has been President, that defines this We certainly closed down something Yet we have opened the doors now to 100 days more than any other thing, it that was all over the news, it was all Cuba. We are saying we are going to let is the new way we are going to handle over the talking points of the Demo- tourists go down there. We are going to cratic Party. And, of course, that being work with these people. Of course, we an old problem that has been in the the President who was elected from the asked them if they would release the economic cycles of this country, that Democratic Party, and as he says, he political prisoners down there, some of has been coming up for many, many won, and he gets the opportunity to do whom have been there forever, and years, and that is the idea of a reces- that, and that’s the first thing that he President Obama thought that he sion and the possibility of a depression did. heard Fidel Castro say yes, he thought and how do you handle it. Other things in foreign affairs that we could work something out. But now The best guidance that some think he has done, he has made some trips they have come out and officially said we have ever had is the guidance that overseas to Europe, was very, very they thought maybe the President mis- was given to us by Franklin Delano warmly received by our allies in Eu- understood what Fidel said, so we Roosevelt, who was elected in 1932 and rope, and they cheered for him and pat- didn’t get anything out of that. But served the longest of any President of ted him on the back. let’s hope that maybe this will be good the United States, which brought about the limiting amendments that b 2000 for us. But I always have a problem that we have had that limited us to two But they didn’t give him what he when you acknowledge tyranny and terms for President. He served many asked for. He asked for some help, you legitimize tyranny, then how do more than two terms for President, but some real help, in Afghanistan. you fight against tyranny? It is an in- he served from 1932 until basically 1940 Let me say, I just came back from a teresting dilemma to be in as a leader. when the world and the whole subject meeting with the EU myself, and there We have got Hugo Chavez, who has matter of the world at that time was are a lot of folks over there that cer- been probably the biggest hater of this the Great Depression. tainly are standing in harm’s way in country since he came into power of The Great Depression, however, got Afghanistan. Most of those are Eastern anybody in my remembrance. I don’t overshadowed by the German invasion European countries, but there are a believe that the dictators of the Second of Poland in 1939 and the beginning of few, like Great Britain, who certainly World War that we fought against said the Second World War. So the periods stand in the gap. But the President as many bad things about the United as you define the Presidency of Frank- didn’t get what he was looking for in States of America as Hugo Chavez has lin Roosevelt, you take the Great De- the way of assistance over there, and, said. pression, ’32 to ’40, and then the next quite frankly, I think the Europeans He has written a book called ‘‘Open phase in which the American soldier should step up for him. Veins of Latin America,’’ which is a did an excellent job and the American I do support their participation, and venomous attack on the United States President did an excellent job of de- not just the participation, as I told blaming every woe that Central and feating tyranny around the world. them when I was over there. The way South America has ever had on the I guess going back to a little bit of we look at it where I come from, when United States of America. I think he the history of the Great Depression, you are making ham and eggs, the gave an autographed copy of that book the interesting thing was that in 1932 chicken is involved, but the pig is com- to the President of the United States the unemployment rate, and I am not mitted, and we are looking for some when he was there, and they shook good at getting figures, but it was dou- folks that are committed. That means, hands in agreement, not about the ble digits, somewhere in the 20s or 30s, if necessary, they will go there without book, I am sure, about acceptance of something like 25 or 30 percent of the restrictions in their ability to perform, the book. population was unemployed. In 1940,

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.000 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10716 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 27, 2009 that same number was still unem- House; $1 trillion is a stack of brand Admittedly, Republicans, especially ployed. Yet we had gone on, we had new $1,000 bills somewhere between 63 led by the President, spent way too adopted the Keynesian version of eco- and 65 miles high. That is a whole lot much. But I’d point out that the deficit nomics and we had leaped forward with of money, a whole lot of money. when the Republicans left the majority the Keynesian version, and the biggest So as we look at this 100 days, you in Congress they had whittled down to spending spree in the history of the can look at it in different ways. I will about $160 billion a year; still way too country took place from 1932 to actu- say this: The President has certainly high, but the compass was moving in ally 1946. kept his cool. He is an excellent speak- the right direction. But this administration has managed er. He dazzles our allies and he makes Here we are 21⁄2 years later, under to have spent more than all of that and people feel comfortable, and that is a Democratic control of the House and more than all the other Presidents lot that we need in this country. Senate, the deficit is now 10 times that combined in the first 100 days. Now, I My problem that I have with Presi- much, $1.18 trillion, the most in Amer- don’t want to be totally unfair, because dent Obama most of all is that I fear ican history. And that’s what worries part of that came at the tail-end of the the kind of overwhelming expenditure our folks, Congressman CARTER, the Bush administration with the Demo- that we have to deal with from the most, you know, that we are on the crat Congress, and so I don’t think it is Obama administration. We are getting biggest spending spree in American his- completely fair to lay all that off on so far in debt that our great-great- tory; trillions and trillions and tril- President Obama. But the facts are grandchildren are going to have prob- lions of dollars of debt that seemingly just that the President’s budget is lems paying this bill. can never be repaid; $1 billion extra going to create the largest single def- I see I am joined by one of my col- new funding an hour in the first 50 days icit a budget has ever created in the leagues, KEVIN BRADY. He is one of the of this new administration. And the history of the Republic. people that I look up to in this building question they have for me is, who’s You know, one of the things that we because he has always got good things going to pay for all this? I mean, they discussed, there is a long debate, it was to say. I will yield to the gentleman. realize there is no free lunch. There is debated out pretty heavily in the Pres- Mr. BRADY of Texas. Thank you, Mr. no free money. Someone somewhere is idential election, was whether or not CARTER. Again I want to thank you for going to have to pay for it. And it we were going to have earmarks. We your leadership in the Republican Con- won’t be the wealthy. It’s going to be still debate to this day in this Congress ference here in Washington, as well as middle class families and small busi- what is an earmark, is it good, is it the fact that you bring out issues that nesses, our children and grandchildren, bad. Everybody has got an opinion. We I think average Americans, middle who ultimately will pay for all this haven’t resolved the issue. But the class Americans, want to talk about massive spending. President said he would veto any bill these days. I serve as the ranking House Repub- that had an earmark in it, because he To be fair, I don’t know if 100 days lican on the Joint Economic Com- didn’t believe in earmarks, and he is in into the administration is a very good mittee, and our economists pointed out a large crowd of people that continues gauge of how successful or unsuccessful that the stimulus bill really was a to believe that way. And we have this they will be. It is sort of more like a spending bill, had very little to do with debate on this floor, in committee, and PR date. It is like getting your high creating jobs, would have very little to elsewhere right now we have this de- school graduation grade in the first do with the economy recovering and bate. It goes on continuously. But the grade. You know what I mean? may, in fact, be a drag on our economy President did sign the omnibus spend- in the out-years as we attempt to pay b 2015 ing bill, and he signed it with 9,000 ear- back where interest rights rise to catch marks in it. So as we look at this 100 Here’s the very beginning. We’ll see up with all the monetary policy and days, we have got some promises, how it goes. I guess some things that fiscal policy occurring in Washington promises made and promises kept that worry me are that so much of this ad- today. we need to look at, and there is just a ministration has been basically de- We also worry, our economists be- lot of different ways to view what is signed, or the foundation is to blame lieve that our debt, national debt, may going on. President Bush for everything. And it not just double in the next 4 years, I will say this. I will tell you that the just seems to me that this is President may well triple in the next 4 years, in President has got as good a popularity Obama’s stimulus. It is President that inflation could go to 8 to 10 per- rating as anybody that has ever held Obama’s budget. It’s President cent a year, which really eats away at the office in the first 100 days, so I will Obama’s bailout. And at some point, people’s pocketbooks, families’ pay- give him absolute credit for that. He you have to start taking responsibility checks, really is one of the greatest, I certainly knows how to be popular, and for your own leadership. And I think think, damagers to our economy. he is popular. But, you know, we had that’s important for our new President And we see this spending. We see this thousands of people take to the streets, to do. national debt, all of it again blamed on I guess it was last weekend, the week- And I also take issue with the often- President Bush. And I look forward to end before last, with the TEA parties, stated fact, supposedly, from the White the day when our new President says, and although it was probably targeting House, that President Clinton inher- you know, this is my administration, the Congress as much as it was tar- ited a surplus and President Obama a this is my leadership. geting anybody, but they were cer- deficit, which is only partially true. And I see the mistakes that are being tainly not happy with the state of af- What they don’t say is that President made on proposing tax increases on fairs in the United States. Clinton inherited a surplus from a Re- professionals and small businesses, tax We signed the stimulus bill with $787 publican Congress. And President increase is major on our independent billion. Obama’s inauguration cost the Obama inherited a deficit from a energy producers in America. Tax in- taxpayers $49 million, which was triple Democratic Congress. creases, utility increases on every the amount of money that was spent on I was here in 1997 on this floor, about American as a result of this cap-and- the Bush administration’s first inau- this time of the night, when Repub- trade scheme. guration. There is still a $50.5 million licans sat down with President Clinton, We see taxes on people who want to budget shortfall on the Democratic worked out the balanced budget agree- give charitable deductions or deduct convention in Chicago. So spending has ment that led to that surplus. And their own mortgage rates from what become something that identifies this Democrats voted overwhelmingly they owe Uncle Sam, higher taxes on Presidency; $1.5 trillion is this year’s against that balanced budget agree- capital gains and dividends, which a lot budget. Now we are looking at a new ment. So the surplus that President of our seniors rely upon in their retire- budget, $3.6 trillion. We talked about $1 Bush received didn’t come from Demo- ment days as well. And it just seems to trillion before on the floor of the crats; it came from Republicans. me you cannot tax, borrow and spend

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.000 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10717 your way to prosperity; that we’re over how it was saving the lives of chance to get our kids a better edu- going to see massive tax increases, but their children and grandchildren; that cation while you’re doing it. So trying even then, you cannot tax your way it was allowing them to select the to do it both at one time. But we’ve back to a balanced budget. school of their choice, and to put an ef- seen this a lot. Common sense, I think, In fact, I think and I believe that this fort forward to excel and be a superior principles and values, that seem to be budget that will be rushed through student, because they were able to ignored. Congress this week, Congressman CAR- have gotten into the lottery system to Last week, the Joint Economic Com- TER, if it is allowed to pass, I don’t get one of these vouchers for 1,700 stu- mittee held a hearing with the Special know if we’ll even have time to read it, dents as an experimental program. Inspector General over the bailout just like the stimulus bill may be But I had never, I’ve never been up funds. And he’s very direct. And, basi- rushed through Congress. If it passes, here where I saw just ordinary folks cally, Barofsky, former prosecutor, re- we may well not see a balanced budget come in and, I mean, I saw a grand- spected, a lot of credibility, he said—he again in our lifetime. It sets the path mother stand up there and cry: Please made two points at the hearing, Con- so far from what a balanced budget is. don’t take this program away. This gressman CARTER. One was that he In fact, you could double the taxes on program is saving my grandchild’s life. said, despite their repeated requests to every American, every taxpaying Please don’t take it away. the Treasury Department that all the American in our country, you still And we didn’t. money from the bailout be accounted wouldn’t balance the budget under the But, unfortunately, the administra- for, and then banks put in place con- Obama budget that we’re looking at tion has eliminated that program. trols so you can continue to monitor, here this week. So all this debt, all this Now, this program was just what a again, Treasury Department, time and spending is scary, the direction we’re bunch of poor people wanted. It’s just a time has said no, we’ll not do that. We headed. shame we couldn’t expand that pro- don’t want to know and hold account- I’m convinced there are some issues, gram so that we could do something able where those bailout dollars are perhaps, that the President would like about the failed D.C. school system, to going. to work with Republicans on. I know make sure that good, hardworking And, secondly, they had just finished that we’re anxious to do that. So far kids, no matter where they live or this, Inspector General, Special Inspec- it’s been highly partisan in Wash- what their circumstances in life are, tor General, just finished a review of ington. But I think there are issues would have a place to go to have a this new, some of the new programs, that, if the President says to the chance to have a better education. I including taking these bad loans off Speaker and the Senate majority lead- don’t understand that. I don’t under- the banks’ books. And they said, it is er, I really do want to find consensus, stand why that would happen. But it ripe for abuse, collusion, conflict of in- rather than just jam everything has to do with, something to do with terest, money laundering. They made a through, I can tell you there are a lot politics. series of commonsense recommenda- of Republicans who are willing and But when you’re talking about little tions on how to prevent that from oc- eager to sit down with him. That’s not kids and their chance to go to a safe curring. And to date, the Treasury De- been the case so far. As a result, I school and their chance to learn some- partment still has not agreed to those think our country is worse off for it. thing, and you have a program that’s commonsense protections of our tax And I’d yield back again to the leader giving them that chance and every one dollars. of this discussion. of their supervising parents and grand- And we’re seeing that, whether it is Mr. CARTER. Reclaiming my time, parents are there saying it’s the great- in lower income people who want their the issue of bipartisanship is one that est thing that ever happened to us, why kids to have a good education, whether every American wants, including every in the world would you take that little it is taxpayers who just want to know American, I believe, in this House. But token thing away, when you’re spend- where their bailout money went, and the facts are that you have situations ing trillions of dollars on other things? they want to prevent abuses before where some things are just so diamet- Mr. BRADY of Texas. And if the gen- they begin, whether it is—a lot of rically opposed to what you stand for tleman would yield. Americans are not convinced that a that there’s no place you can go there. Mr. CARTER. I will yield. government-run health care system is When you’re talking about biparti- Mr. BRADY of Texas. I think you the way to go in America, but they al- sanship, you’ve got to come in and try make an important point there because ready feel like it’s being shut, they’re to move to a compromise middle posi- that issue wasn’t decided on what was being shut out and it’s being rammed tion. Most of the legislation that we’ve best for the children. That was just a through. seen in Congress in the first 100 days political agenda that was being exer- Same with this global warming cap- hasn’t really even been vetted with the cised. And yet you have—I’m one of and-trade scheme. Again, rushed to the committee system. It just almost these believers that we need to invest floor, rushed through Congress. We comes directly from the Speaker’s Of- in and lift up public schools all across know, from the AIG bonuses and that fice to the floor. So we don’t have any this country with accountability, with fiasco of legislation that was on the input into all that. To get bipartisan- resources, helping them do their job. House floor, when Congress rushes ship you’ve got to sit down and talk But while we’re improving the very these things to the floor, when there is things out, work things out. That’s worst of these schools, like in Wash- no debate, when it’s shut off, when why we have committees. That’s why ington, DC, you have to give those par- there’s a gag rule where we can’t even we have the smaller units that discuss ents a choice, an option of getting read the stimulus bill, and the public these things. their kids into a school, because if doesn’t know about it, at the end of the You know, I was on, when I was, my you’re going to take, 5, 6, 7, 8 years to day, America loses. first term in Congress I served on the get a school up to standards, look, And I think that that’s one of the then called Education and Workforce, when you have little kids like we do, in reasons, Congressman, that this Presi- now it’s called Education and Labor kindergarten and fourth grade, my wife dent, for all his personal skills, for all, Committee. And we had a group of Af- and I do, every year matters. You can’t I think, his sincere desire to do a good rican American women, and mostly have them in a school that’s still fail- job, his poll numbers, while high, are women, but a few men, mostly grand- ing for 5 or 6 or 7 more years. And the most polarizing in four decades. mothers, but a few mothers, who came those parents who last week were told, The country has never been this di- to express their desire to make sure yes, we’re going to continue it, and vided over what direction we’re going. that the voucher program that had then a day later it was yanked out He can play, I think, a more important been created before I got here for the from under them, you know, all they role in leading. And I just hope that D.C. schools was kept in place because, said was, all they were saying is, while he’s not, you know, manipulated or di- and they testified over and over and you improve our schools, give us a rected by those around him; that he’s

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.000 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10718 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 27, 2009 able to step forward, because I think about the same thing, and my com- release these memos—to declassify there is an opportunity to work to- ment then was: well, you know, what them and to embarrass, I guess, the gether. But so far, the first 100 days bothers me more than the first 100 days previous administration and our coun- have been very, very disappointing and the performance of the President is try to the world. After 51⁄2 hours of de- from that regard. the fact that yesterday was National bate, pro and con, the President made And I would yield back. Debt Day. It was the day on which the a decision to release those memos, and Mr. CARTER. Reclaiming my time, Federal Government had spent every then of course said: But now, you and I thank the gentleman for his com- bit of the money that we’ve taken in. know, we need to move forward. I’m a ments. And let me say, so that every- All of the revenue has been spent on leader—and I hope and pray that he body understands where I come from, expenses, on discretionary spending is—who wants to look to the future. when this all started, President Bush and on mandatory spending, and now, We’ve got a lot of problems. This was President of the United States. for the rest of the year, it’s borrowed economy is terrible. With everything And we had a Treasury Secretary come money. We’re going to be spending bor- we’ve done, we’re just right back to running in here and say, oh Lord, oh rowed money for the rest of the year. where we were, you know, as far as the Lord, oh Lord, the sky is falling. I need The striking—shocking almost— Dow goes and as far as continuing to you to give me three-quarters of a tril- thing about that, Mr. Speaker, is that lose jobs. So we need to move forward and not focus on the past. We’re not lion dollars, roughly, and I need it now. this is occurring 31⁄2 months earlier Don’t ask any questions. Trust me. this year, the gentleman from Texas, going to be prosecuting these people Well, when that all happened, I than it did last year. So, yes, there’s no because what they did they did in good thought to myself, now, the folks in way that I could stand before my col- faith. Then, what, 6 days later, all of a Round Rock and Georgetown, Texas, leagues and say that I would give the sudden, he said: Well, maybe I’m not so are pretty decent, hardworking, honest President a good grade on this. sure about that. Mr. Speaker, this is dangerous stuff, people. But I don’t believe, if a guy My worthy opponent in the majority and I think the President really needs came running into their place of busi- yesterday, as we always have a Repub- to rethink this. This business of gotcha ness in a big hurry and said, the sky is lican and a Democrat on these tele- and saying that, you know, everything falling, the sky is falling, the world’s vision shows, said: Well, you know, the is the fault of the previous administra- going to hell, I just gotta have a couple President ought to be scored on a tion, I think, has got to stop. If he hundred bucks. Give it to me. I’ll pay curve. I guess he meant compared to wants to get a good score on his first the last President—President Bush and you back. Trust me. I think they’d say, 100 days, well then, let’s start thinking the previous administration. In the whoa, wait a minute. What do you need about the next 100 days. I’m ready to opinion of this gentleman, the Presi- this $200 for in such a big hurry? give him a good score if he—the Presi- dent should get an A on the curve. b 2030 dent, Mr. President, the 44th President Now, he’s a Harvard-educated lawyer, of the United States—doesn’t try to At least they’d say that: What are an accountant, and I think he, maybe, take over our health care system and you going to do with it if I loan it to even has a Ph.D. In the Ivy League, I you, and I’m not going to get it back? doesn’t bring us towards socialized don’t think they give anything, Mr. medicine and a single-payer system, if That might be their best friend to Speaker, but A’s and B’s. I went to whom they might be able to do that; he doesn’t tax the middle class to Georgia Tech, and there is no curve. death with this carbon trade scheme, but I believe any normal-thinking There is no grade inflation at Georgia American would ask that kind of ques- regime, European Union idea, that, I Tech. I hope my friends at Georgia think, is crazy in these economic tion. Tech won’t get on to me about this. I’m We were talking about three-quarters times. If he wants a decent score in the a Georgia Tech graduate, and I speak next 100 days—and I’ll yield back to my of $1 trillion that he was asking for, only for myself, but I would give him and all he was saying was: Trust me. colleague—then hopefully he will and at best a C-minus. this Congress will and this majority It’s too complicated for you to under- One of the things that bothers me the stand. Trust me. So I voted against it will reject these ideas as we move for- most is this recent release, this declas- ward. because, quite frankly, I think that the sification and release of these memos Mr. CARTER. Reclaiming my time, I man on the street manages his money that were written by attorneys in the thank my friend from Georgia. That’s with more commonsense than the Con- previous Justice Department in regard exactly what I was talking earlier gress does in managing that money. to enhanced interrogation to try to about. It’s easy to talk about biparti- Now I hear this story from you, and make sure that anything we did as a sanship, but when you just really be- you would know because you’re on the country was done legally and within lieve the policy is wrong, that it’s the Ways and Means Committee, which the bounds of the law and within the wrong policy at the wrong time and for looks into these things. It shocks me bounds of our great Constitution. I’m the wrong purpose, how can you work to think that we are being told very sure they struggled—it was a difficult in a bipartisan manner on something clearly that the use of this money thing to do—and in good conscience like this cap-and-tax system that’s could be used for money laundering— said to the President: This is what you being proposed by the majority? that word jumps off the page—and can do. This is what you cannot do. I mean, I’m going to tell you: unless they’re not even doing it? Something is We’re in a desperate situation. We have I just don’t understand it—and I’m not wrong. There’s something wrong. just been attacked. Three thousand or saying there’s not a chance I might not I’ve got friends who have arrived. My more people were killed when the Twin understand it—but it seems to me that friend PHIL GINGREY has arrived here Towers came crashing down after the if your purpose is to keep people from from the great State of Georgia. He Islamic extremists—the terrorists, putting carbon dioxide in the atmos- was the first one here, so let’s let him global terrorists—I guess we call that phere and you’ve got a plant over here talk a little bit about the first 100 overseas contingency operations now. that’s pouring out carbon dioxide and days. Mr. CARTER. That’s the word. you’ve got a plant over here that’s Mr. GINGREY of Georgia. Mr. Speak- That’s the word. clean and that’s saving carbon dioxide er, I appreciate very much the gen- Mr. GINGREY of Georgia. I guess we and planting 1,000 trees, then you say, tleman from Texas for yielding and for can no longer talk about terrorism. well, this guy can loan to this guy giving me the opportunity to join with We were in a desperate situation, Mr. some of his cleanness, and this guy will him on the floor tonight as we talk to Speaker, and to think that the Presi- be in compliance, but, hey, he’s still our colleagues about our impression of dent—I read this in the paper about putting the stuff in the air. So how the first 100 days. how he spent 51⁄2 hours with his top- does that do anything? I was actually on ‘‘Fox News Sun- level people over in the West Wing, de- Oh, by the way, there’s a tax that day,’’ just yesterday, basically talking bating pro and con whether or not to goes with this that’s estimated to raise

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.000 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10719 about $1.5 trillion for the United twenties. Yet, from history, the pre- is unheard of. Then we also heard talk States, a brand-new tax. Well, that’s scription that Coolidge put on that is about global currency called ‘‘special okay. That tax is going to be on the big lower taxes, a lower regulatory burden, drawing down rights’’ on the Inter- oil companies and on the utility com- and we saw the roaring twenties where national Monetary Fund. The Treasury panies and all of those people. That’s we saw markets and growth in the Secretary assured me, personally, in okay. Who cares about them. Do you economy like we had never seen before the Financial Services Committee that think those people pay that tax? Go in the history of the country. FDR ap- he would categorically renounce tak- down and get out last month’s utility plied just the opposite formula—the ing the United States off of the dollar bill. Open it up, and see whose name is Smoot-Hawley Act, which was a tre- and moving us toward international on it. Then see what they tell you mendous burden on tariff restrictions, global currency. Within 24 hours, the you’ve got to pay, and look at the bot- and then, of course, trade barriers and Treasury Secretary went 180 degrees tom line, and see what it is, and write the regulatory burden and tax barriers. different and said he would be open to it down someplace because it’s going That’s what we saw happen under FDR. an international global currency. up, and it’s going up by the amount of That took a recession and blew it into Then we saw the firing of the presi- that tax if they pass this bill. So it is a full-scale depression. The American dent of General Motors, and we saw the a new way to tax Americans. Believe people suffered for almost 10 years changing of the board of directors of me, that bill is not going to say, oops, under that kind of thinking. General Motors. We saw this adminis- you’re middle class, so we’re not going Here we are now, boosting forward to tration tell Chrysler they had to get to put it on your bill. It’s not going to the year 2009—the beginning of hope married to another company, Fiat, and say that. Oops, you’re poor, so we’re and change. So, again, the question is: they had to have this all happen before not going to put it on your bill. It’s How are the people doing? June. only going to go on the rich people’s Credit is tight. Banks aren’t lending b 2045 the way people had hoped they would bills. It’s not going to say that. It’s We saw yesterday again, as Dr. lend. Job losses are going into the dou- going to be on everybody’s utility bill GINGREY said, national debt day, and and on everybody’s gasoline bill and on ble digits. We have college and we have again, what this means for the people everybody’s fuel bill. It’s all going up job losses approaching 20 percent in back home, is that the United States, by the amount of that tax, and you, the their districts. Minnesota, the State as of Sunday, as of April 26, we spent it American people, are going to pay this. that I represent, is a fairly diverse all. We’ve spent everything that we We—my friend Mr. WESTMORELAND State economically. We tend to have planned to bring in. It’s like you made and my friend Mrs. BACHMANN—we’re low unemployment. In areas of my dis- out your household budget for the year all going to pay this. trict, I have unemployment of 10 per- for a hundred thousand dollars, and I’d better recognize Mrs. BACHMANN. cent. That may not seem like a lot, but you have already spent it by this point. She’s one of the bright lights of this that’s a lot in the State of Minnesota. So at this point, now it’s the credit conference. We’re glad to have her with I wrote down just a couple of things, card. And it’s not a credit card that us. Mr. CARTER, that we’ve seen just in the you and I are paying; it’s a credit card Mrs. BACHMANN, I will yield to you time that President Obama has been in that our kids are going to be paying. such amount of time you wish to con- office. He said quite often after he That’s why I am concerned. sume. came into office that he inherited this And that’s why I am so glad you Mrs. BACHMANN. Judge, I thank mess. Now, one thing that we remem- brought this up about this first 100 you, and I thank you for holding this ber is that President Obama actually days with President Obama, because I Special Order hour this evening on the voted for all of these measures that got think it has more to say, Judge CAR- first 100 days of the Obama administra- us into this mess. He voted for the bail- TER, about what the kids under 30 tion. out. He voted for all of these expendi- years of age will have to live with than This has been a great leap that we’ve tures whether it was for Freddie and even more what you and I will have to seen. We have different historical Fanny or Bear Stearns. He was voting live with, because this is a pretty big shifts that occur in our Nation’s his- for all of these measures all through- spending spree that we’ve seen happen tory. This one has to be at least, not a out 2008, but just since the time of his in this last 30 days, one so big we can’t shift but, I think, more a great leap election in November of 2008 to the possibly bail ourselves out of it even that we’ve seen. To me, the question present day, he has increased the bur- this year. shouldn’t be as much How is President den, and he has increased spending by Mr. CARTER. Reclaiming my time Obama doing? as much as it should be 75 percent on his watch. So it’s one for a couple of other facts. How are the people doing? How are the thing to say you’ve inherited a mess. It’s so nice to have people that are on American people doing after these first It’s another thing to increase that Financial Services and Ways and 100 days? mess by 75 percent. How has he done it? Means come in here because you get to We were made great promises of Well, he passed an over-$1 trillion see so much more of this stuff than we hope, great promises of change. Yet I stimulus measure that he was only too do. And we’re supposed to be seeing it was listening over the weekend to the happy to sign. He also proposed that we in Appropriations, but when it comes President’s man, Larry Summers, and spend $75 billion in direct foreclosure to spending, they sort of bypass Appro- to what he was saying. He was saying money. Then he proposed $200 billion to priations most of the time when it it may be next year, 2010, before we see banks for more mortgage bailout comes to spending. any shift in this economic climate. We money. Hey, I thought that’s what that The 10 days before President Obama were led to believe that we would see $700 billion was supposed to go for. was inaugurated, he said there were great change, immediate change, and That wasn’t enough. He proposed and two different economic scenarios that all we’re seeing is a prolonged effort, passed another $200 billion. were coming down the pike, and one which is just what happened in the Then we saw our Treasury Secretary, was good and one was bad. The good 1930s with FDR. Tim Geithner, go over to Europe and one was the passing of the stimulus The more the government spent, the before the G–20 say that we needed to bill. The bad one was doing nothing. He more the government regulated, the get behind another $1 trillion of spend- said that if we did not pass the stim- more the government put up tariff bar- ing for the International Monetary ulus bill, that unemployment rate riers—trade barriers—and the more Fund—$1 trillion of spending—and also would go above 8 percent; but if we government intervened, the longer the have an international financial regu- passed the stimulus bill, we wouldn’t recession occurred. As a matter of fact, lator so perhaps, for the first time in see 8 percent unemployment at any the recession that FDR had to deal the history of our country, the U.S. time until 2014. with wasn’t as bad as the recession would subsume our economic system Mrs. BACHMANN. What happened, Coolidge had to deal with in the early under an international regulator. This Judge?

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.000 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10720 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 27, 2009 Mr. CARTER. Today, unemployment from Texas mentioned that, too, that have to get down to working together, is 8.5 percent going on 9. this seems to be all of our problems— listening to ideas, and being able to And in addition to the spending we’re all of our problems seem to be from the come together and give every Member spending, the Fed is printing trillions prior administration and the prior Con- of this body, the people’s House, an op- of dollars into the economy. gresses when the Republicans were in portunity to put forth their ideas into Mrs. BACHMANN. I guess, according the majority. making this a better country that we to that thinking, then, they ought to Now, I am here to confess that I was live in. spend more money. Do you think that’s only here one term while we were—the So I want to thank the gentleman what the prescription should be for the Republicans were in the majority and from Texas for yielding that time and American people? we spent too much money. And we did. for his willingness to come down and to Mr. CARTER. That’s what they’re And we were at fault. And the Amer- bring this forth to the American peo- trying to do. ican people said, ‘‘No, we’re going to ple. But the reality is our spending is not stop this train. We’re going to make a Mr. CARTER. I thank you. Those working, and now the worry we have to change.’’ And Republicans, we got what were wonderful comments. be worried about is the fact that we we deserved, but the American people You know, when you were talking may be looking at inflation, maybe 10 did not get what they deserved. about bipartisanship, I wanted to point percent a year. Now, young people who In this last election, they were prom- out to you that you had it exactly have lived through the last—grown up ised change, and we have had quite a right. It seems that bipartisanship since the 1990s, which would fit a great bit of change. And Judge, the gen- means ‘‘do what we say.’’ You know, deal of the young people that are out tleman from Texas, I know you have the worst demonstration of wanting to there today, they really don’t know talked about quite a bit of that, but we be bipartisan occurred in February what we’re talking about when we say need to go forward. when it was announced that the 2010 ‘‘runaway inflation.’’ They really don’t And I have learned something in the census would be moved out of the De- get it. past 3 or 4 months that bipartisanship partment of Commerce and into the Mrs. BACHMANN. They didn’t live means doing what the Democratic lead- White House to politicize the account- through the Jimmy Carter years. ership in this House wants you to do. It ing of the American public. Mr. CARTER. They didn’t live doesn’t mean getting different opinions Now, why would I worry about that? through the Jimmy Carter times. or different proposals put into the leg- Well, because we, Members of Congress, But when you see your paycheck, you islation. In fact, I would have to say are the branch of this government that get a paycheck and you realize that that this Congress has been one of the is represented by a number of people. your dollar gets—in a year gets worth most closed Congresses in the history We have a number of people that we 10 percent less, and the next year 10 of this country, as far as bipartisan- represent. And we divide the popu- percent less again, and just like inter- ship. lation of this country by a number that est compounds, so does inflation. So, the public perception is an ‘‘A.’’ is expected to be somewhere around Mrs. BACHMANN. Pretty soon your He has sold his agenda in a way that 800,000–850,000 people, I understand it, money is worth half. the public has bought it, and one of after the next census. And then that Mr. CARTER. So if it would have those parts has been the bipartisan- decides how many congressmen and cost you $1 to buy this clip when you ship. But the people that can create -women we get from each State. first started, it will end up costing you the real bipartisanship in the atmos- This has always been done by inde- $2 to buy that clip—it’s the same clip— phere of working together is Speaker pendent people as nonpartisan as pos- because inflation is running away. PELOSI and Leader REID. And the gen- sible because the count matters. And Mrs. BACHMANN. And your dollar is tleman from Texas knows we have not so say you’re moving it out of the de- worth half of what you thought it was seen that. We have, in fact, been closed partment that it has been in and into worth. out of the process. So that’s not a re- the White House, there is nothing bi- Mr. CARTER. President Obama ality. partisan about that. Absolutely noth- promised the people at Caterpillar that The reality is, as my colleague from ing. The center of the universe of one if the stimulus bill passed, they would Georgia mentioned, yesterday was debt party is the White House. start hiring soon. The reality is they day. After yesterday, we go forward f started laying off again because it spending our children and our grand- wasn’t the solution to the problem. children’s money. We’re putting every- REPORT ON RESOLUTION WAIVING I have got another friend that’s here thing we’re doing on a credit card. I sat REQUIREMENT OF CLAUSE 6(a) to join us, Mr. WESTMORELAND from the here for 2 years in this Congress and I OF RULE XIII WITH RESPECT TO great State of Georgia, and I am going listened to the minority, the Demo- CONSIDERATION OF CERTAIN to yield him so much time as he may crats then, complain about deficit RESOLUTIONS wish to consume. spending, about going into debt, on and Mr. PERLMUTTER (during the Special Mr. WESTMORELAND. Thank you to on and on. Yet today, that seems to be Order of Mr. CARTER) from the Com- the gentleman from Texas for yielding okay. That seems to be the way of this mittee on Rules, submitted a privi- and for having this hour. country: We’re just going to put it on a leged report (Rept. No. 111–87) on the I think if I was going to grade Presi- credit card. If we don’t have enough resolution (H. Res. 365) waiving a re- dent Obama on the first 100 days, that credit, then we will print the money. quirement of clause 6(a) of rule XIII I would have to give him an ‘‘A’’ in But I want to thank the gentleman with respect to consideration of certain public perception. from Texas for doing this and for bring- resolutions reported from the Com- Mr. CARTER. Amen. ing about a report card, I guess, on mittee on Rules, which was referred to Mr. WESTMORELAND. I think he is what the first 100 days has been about the House Calendar and ordered to be a great orator. I think he does a great in this administration. I hope the next printed. job of reading a speech, and he has—his 100 days will be better. I wish this f message, and he’s still been on the President great success. I wish this campaign trail, has made the public’s country great success. THE WORK OF THE ENERGY AND perception think that we are getting But I believe in order to achieve that ENVIRONMENTAL TASK FORCE somewhere. But the gentleman from success, we’re going to have to get OF THE CONGRESSIONAL BLACK Texas makes an excellent point. I away from the blame shifting. We’re CAUCUS thought he said it would not rise above going to have to get away from the The SPEAKER pro tempore. Under 7.5 percent. public perception. We’re going to have the Speaker’s announced policy of Jan- I would also have to give him an ‘‘A’’ to get away from selling the snake oil uary 6, 2009, the gentlewoman from on blame shifting. And the gentleman that’s sold here, and we’re going to Ohio (Ms. FUDGE) is recognized for 60

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.000 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10721 minutes as the designee of the major- them for their leadership and their low-carbon economy. We also called for ity leader. tireless efforts to promote proper stew- the expansion of complimentary en- GENERAL LEAVE ardship of our communities by pro- ergy-efficient programs, and for reg- Ms. FUDGE. Good evening, Mr. tecting the environment. ular and predictable funding for adap- Speaker. It’s so important that we continue to tation and mitigation assistance I ask unanimous consent that all call for action on these issues sur- abroad. Members may have 5 legislative days rounding global warming and the con- By the year 2030, it is estimated that in which to revise and extend their re- tinued degradation of our environment the cost of adapting to global climate marks and to insert supplementary that is perpetrated by our perilous— change could amount to more than $100 materials on the topic of my Special and I mean our perilous—and I think billion annually, with up to $67 billion Order this evening. the whole country understands what per year to meet the needs of the devel- The SPEAKER pro tempore. Is there we mean now when we say ‘‘perilous oping world alone. objection to the request of the gentle- dependence’’ on fossil fuels. Now, earlier this year, I introduced woman from Ohio? As I have said time and time again, H. Con. Res. 98, a congressional resolu- There was no objection. there is no way that we can deny the tion which recognizes the disparate im- Ms. FUDGE. Mr. Speaker, the Con- interconnection between our steward- pact of climate change on women and gressional Black Caucus, the CBC, is ship of the environment and the state the efforts of women globally to ad- proud to anchor this hour. Currently, of the economy, public health and our dress climate change. This resolution the CBC is chaired by the Honorable communities. The drastic acceleration illustrates the disproportionate impact BARBARA LEE from the 9th Congres- of greenhouse gas emissions has often of climate change and environmental sional District from California. My been concentrated in low-income and degradation on the world’s most vul- name is Congresswoman MARCIA in minority communities putting these nerable populations. More importantly, FUDGE, representing the 11th Congres- vulnerable populations on the front it reflects the reality that any strategy sional District of Ohio. lines, mind you, of the fight against en- to combat global warming and climate CBC members are advocates for the vironmental degradation and global change will really need to include human family, nationally and inter- climate change. In fact, 71 percent of meaningful and equitable action on the nationally, and have played a signifi- African Americans live in counties in international level. cant role as a local and regional activ- violation of Federal air pollution The United States must provide sup- ist. We continue to work diligently to standards—that’s 71 percent of African port for adaptation and sustainable de- be the conscience of the Congress. But Americans—and 78 percent live within velopment abroad, as well as assistance understand, all politics are local. 30 miles or within the toxic perimeter to ensure affordable access to emerging Therefore, we provide dedicated and fo- of a coal-fired power plant. This is clean technologies. It is time to think cused service to citizens of the congres- shameful. big, not small. And the challenge of ad- sional districts we serve. dressing global climate change will re- b 2100 The vision of the founding members quire a truly comprehensive and trans- of the Congressional Black Caucus, to Day after day, the communities in formative solution. promote the public welfare through my district, for example, face the se- I am greatly encouraged by the ac- legislation designed to meet the needs vere consequences of pollution, urban tions already taken by the Obama ad- of millions of neglected citizens, con- sprawl, and environmental injustice ministration to reengage with the tinues to be the focal point for the leg- which harshly affects people of color international community in order to islative work and political activities of and low-income families. Sadly, this find solutions to this global challenge. the Congressional Black Caucus today. epidemic is hitting our children the And I also applaud the Environmental This week, the Caucus has joined to hardest. Back home in my district, Protection Agency’s recent finding discuss one of the most important top- children growing up in west Oakland that greenhouse gases endanger public ics facing our country: the energy cri- are seven times more likely to be hos- health and welfare, which finally rec- sis. Rising global oil prices, concerns pitalized for asthma than the average ognizes the need to protect our commu- over energy security and the urgent child in California. nities and the global ecosystem by act- need to address climate change has None of us can afford to take this ing immediately to curb carbon pollu- made energy a central concern of the lightly. The health of our community tion. 111th Congress and necessitated this and our neighbors affects us all. Sim- And, Congresswoman FUDGE, as I was message hour. ply put, climate change has and will listening to the other side talk a little Mr. Speaker, I would now yield to continue to exacerbate the problems of earlier, I couldn’t help but wonder real- our Chair, the honorable Ms. LEE from poverty and inequality. ly where they were for the last 8 years California, the gentlelady from Cali- Members of the Congressional Black because, had some of these actions and fornia. Caucus Energy Task Force and myself initiatives been put in place in the last Ms. LEE of California. Thank you recently wrote a letter to Chairman 8 years, perhaps we would be much fur- very much. WAXMAN of the House Energy and Com- ther ahead in our overall climate First, let me thank Representative merce Committee expressing support change efforts. And the public health, FUDGE from Ohio once again for hold- for comprehensive climate legislation of course, would be, I think, much bet- ing the Special Order today as Con- and investments in the green economy. ter protected. I think we heard a little gress continues to work to break away I won’t read the letter in its entirety, bit of revisionist history tonight, so I from this business-as-usual with re- Mr. Speaker, but I will insert the letter just have to say that as I move for- gards to our Nation’s energy future. into the RECORD. ward. Thank you Congresswoman FUDGE for Basically, we talked about invest- As Chair of the Congressional Black selflessly each and every Monday night ments in the green economy, we talked Caucus, let me just say that we want to coming to the floor making sure that about consumer protection, job leakage continue to work with the Obama ad- the voice of the Congressional Black protection, adaptation, and of course ministration—and all of my colleagues Caucus is heard on each and every we talked about why we thought this here in a bipartisan way—to help pass issue, day in and day out. bill should move very quickly and responsible and comprehensive climate Let me also take a moment to thank move forward with these key elements change legislation that will spur the the Chairs of the Congressional Black in place. In this letter, we also stress development of clean, renewable en- Caucus’s energy and environmental the importance of shielding low-income ergy and the deployment of much need- task force, Representatives G.K. households from price shocks to ensure ed energy-efficient technologies. BUTTERFIELD, EMANUEL CLEAVER, and that they do not bear a dispropor- Legislation which sets us on a path SHEILA JACKSON-LEE. I want to thank tionate burden as we transition to a toward energy independence and a new

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.000 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10722 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 27, 2009 low-carbon economy will help to main- to independently pursue these careers Develop a career pipeline, particularly in tain the United States’ position as a in the new energy economy. low- and middle income communities, leader in innovation and create hun- One component of the Corps is called through training, job readiness and entrepre- dreds of thousands of good-paying the Cypress Mandela Training Center. neurship programs, to ensure that people who most need work are prepared for the green jobs, and finally, help us get off This provides invaluable pathways out family-sustaining jobs and careers in energy of this addiction that we have to oil, of poverty, which is extremely impor- efficiency and energy service industries. En- especially break the stronghold that tant to recognize that these positions suring local hiring practices will be critical really has been crippling us in terms of provide this new industry. Also, it pro- to engaging these distressed communities. our dependence on foreign oil. vides vocational training for Bay-area Development of Green Energy Centers of One of the most exciting and inclu- men and women, especially those with Excellence at Historically Black Colleges sive solutions to many issues facing en- barriers to employment. and Universities (HBCUs) to research and de- vironmental health is the possibility velop new green technologies as well as train Green has already become the fifth- implementers in the deployment of green in- afforded to us by promoting green jobs largest industry in the Nation. And novation. HBCUs maintain unique relation- training and the growth of the green with the proper support and funding, ships with communities of color, and we economy in America. And I am very we will continue to see an explosion of should use their expertise to educate these pleased to say that the President, in innovation and the expansion of eco- communities on the opportunities in green his economic recovery package—which, nomic opportunities surrounding the industries and the techniques needed to suc- of course, the other side I don’t think green movement. ceed. mentioned tonight—included $100 mil- Ensure local and national certification There is no doubt in my mind that a standards for technical jobs to ensure appro- lion for green job training. We have to greener future will lead to a more pros- priate levels of expertise. have people prepared for the new world, perous future for our communities, the Apply large-scale energy-saving measures the new jobs that are going to be pro- Nation, and the world, but it must be a to the nation’s building stock, which will vided by this industry. And so $100 mil- movement that is inclusive of all and create hundreds of thousands of green-collar lion would get us started on that path. that leaves no community behind. So I jobs while dramatically reducing American’s But again, we have to look at this in a urge my colleagues, on a bipartisan energy costs and greenhouse gas emissions. bipartisan way, and I hope that at basis, to act swiftly to move America CONSUMER PROTECTION some point we will. beyond its dependence on oil, address A cap-and-trade system will increase the To that end, I recently reintroduced the climate crisis, and really help pro- cost of energy derived from high-polluting legislation entitled, the Metro Econo- tect America’s natural resources for production processes for all households. Low- mies Green Act, or the MEGA bill. This and middle-income households spend a great- our children’s future. And as a person er share of their budget on energy costs than is H.R. 330. This establishes grant pro- of faith, I just must say that we must higher income households. To help prevent grams to encourage energy-efficient preserve and we must protect God’s climate change policy from being unfairly economic development and green job creation, which is our planet. burdensome on these households, we rec- training and creation of green jobs. Thank you, Congresswoman FUDGE. ommend: Measures to offset the disproportionate im- This legislation would also create a na- CONGRESSIONAL BLACK CAUCUS OF pact of increased energy costs that could tional institute to serve as a clearing- THE 111TH UNITED STATES CON- take the form of a climate rebate equal to house for best practices in order to fa- GRESS, the loss in purchasing power extended to the Rayburn HOB, Washington, DC, April 9, 2009. cilitate the successful expansion of lowest quintile, the second quintile and par- Hon. HENRY WAXMAN, green jobs on a national scale. tially extended to the third quintile. For Chairman, House Committee on Energy and As a representative of California’s households that file no tax returns, the re- Commerce, Rayburn House Office Building, Ninth Congressional District, I would bate could be administered through the Elec- Washington, DC. also just like to take a moment to rec- tronic Benefit Transfer (EBT) system. For DEAR CHAIRMAN WAXMAN, As you draft and all others, the rebate could be extended ognize the role that California’s East consider comprehensive energy legislation to through a higher Earned Income Tax Credit Bay is playing at the forefront of the promote renewable energy, energy effi- (EITC) or alternative tax mechanisms that green jobs industry and the green jobs ciency, and to curb greenhouse gas emis- make the connection with this increased movement. We have a number of inno- sions, we the undersigned Members of the cost. Congressional Black Caucus (CBC) respect- vative initiatives in my district in par- Further investments in the Low Income fully request your consideration of the issues ticular, including the East Bay Green Home Energy Assistance Program (LIHEAP) discussed in this letter. Corridor Initiative, the Oakland Green and the Weatherization Assistance Program, Climate change represents a tangible Job Corps, the Joint BioEnergy Insti- and the Energy Efficiency and Conservation threat to the communities we represent as tute, the Lawrence Berkeley National Block Grant (EECBG) Program. well as the United States as a whole and we, Prevent the creation of ‘‘hot spots’’ and Lab and the Energy Biosciences Insti- therefore, encourage and support your ef- tute at Berkley. ‘‘outsourcing’’ to communities of color and forts to address this critical issue. We sup- low-income or otherwise vulnerable commu- I recently visited the Oakland Green port science-based legislation to reduce do- nities domestically and abroad. Job Corps with the special advisor to mestic greenhouse gas emissions at least 80% JOB LEAKAGE PROTECTION President Obama on energy and cli- below 1990 levels by 2050. The United States must be a leader on this global issue, and Many manufacturing jobs in this country mate change, Carol Browner—who is produce goods that compete in global mar- doing a fantastic job in this position— this target is consistent with the proposals of the Obama Administration. kets. Under a domestic cap-and-trade pro- and also with Mayor Ron Dellums, who gram, these industries will face pressure INVESTMENT IN THE GREEN ECONOMY is providing tremendous leadership in from increased costs due to direct regulation this area. We visited the Oakland Comprehensive energy legislation will rev- of their emissions as well as higher energy Green Job Corps to show the Obama olutionize our economy and energy infra- costs. structure, spurring us to become more inno- administration really a If this is not addressed, these industries, as vative and efficient. The growing ‘‘Green well as the workers and communities they groundbreaking example of green-col- Economy’’ presents an opportunity to create support, will be forced to close or move oper- lar jobs, workforce development, and large numbers of quality green-collar jobs ations to countries without similar regula- what we are doing in Oakland in terms for American workers, to grow emerging in- tions, producing the leakage of American of preparing our young people for these dustries, and to improve the health of low- jobs and emissions to foreign countries. jobs of the future. This is already up and middle-income Americans. Any public To protect the jobs of workers in the en- and running in Oakland, California. investment in the Green Economy should in- ergy-intensive trade-exposed industries, the The Oakland Green Job Corps is a clude serious efforts to train, employ and CBC recommends: partnership of community organiza- provide public service opportunities that The United States should pursue inter- lead to full-time employment in these indus- national agreements on greenhouse gas re- tions, trade unions, private companies, tries. This is a significant opportunity to ductions. Engaging industrialized nations in and the city of Oakland. It provides make cost-effective public and private in- an agreement to combat this truly global Oakland’s residents with the necessary vestments to rebuild and retrofit our nation. problem will more effectively meet emis- training, support, and work experience We recommend the following: sions reductions goals as well as ‘‘level the

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.001 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10723 playing field’’ for American workers and talked about is, his priorities were edu- malnutrition, and loss of shelter. This business. cation, health care, and energy. And he negative impact on world health will Until an international agreement can be didn’t say any of it would happen over- only increase as the climate changes. achieved, climate legislation should include measures to protect against unintended dis- night, contrary to what our colleagues Experts predict that one-fourth of advantages brought about as a result of glob- across the aisle said, that they thought the Earth’s species will be headed for al trading partners acting outside of a do- it was going to happen right away. As extinction by 2050 if the warming trend mestic or international greenhouse gas re- a matter of fact, the President said it continues at its current rate. More ductions scheme. would take time. So I do thank you for than $100 billion worth of homes, busi- Provide assistance to ease and facilitate helping me set the record straight, and nesses, and public facilities are at risk the transition of workers and communities I thank you for being here this from extreme coastal storms if sea lev- dependent upon high emitting industries to the emerging low-carbon economy. evening. Thank you, Madam Chair. els rise as anticipated. When we invest Mr. Speaker, reliable predictions in- in renewable energies, we are not only ADAPTATION dicate that by the year 2050, the creating jobs and strengthening our Regardless of our success in curbing green- house gas emissions, we can be certain that world’s population will have nearly economic prospects for the future, we there will be ramifications as a result of doubled from its present level. It will are protecting our increasingly more global climate change. These may include rise from around 6 billion to about 10 fragile environment as well. rising sea levels, increased weather disasters, billion people. Most of this growth and The Congressional Black Caucus rec- changes in precipitation, loss of biodiversity much of the increase in energy con- ommends that we support science- and the increased spread and range of trop- sumption will occur in developing based legislation to reduce domestic ical diseases. This will affect rural, urban countries. Future increases in energy greenhouse gas emissions at least 80 and island communities domestically and demand will exert even greater pres- percent below 1990 levels by the year abroad, with low-income populations being at greatest risk. Providing appropriate adap- sure on our finite reserves. If we are 2050. The United States must be a lead- tation measures for these eventualities is largely dependent on one fuel source, er on this global issue, and this target imperative and this legislation should insure we risk price rises and supply disrup- is consistent with the proposals of the regular and predictable funding. We rec- tions. It is imperative for us to use our Obama administration. ommend: energy more efficiently and develop an Any public investment in the green An ecosystem-based adaptation both do- energy supply that is both sustainable economy should include serious efforts mestically and internationally, investing in and diverse in order to improve our to train, employ and provide public conservation techniques to preserve wet- lands, tropical forestland and critical eco- quality of life and protect our environ- service opportunities that lead to full- systems such as coral reefs and their rel- ment. time employment in these industries. evant fisheries. Thriving ecosystems produce As a country, we can no longer de- We must develop a career pipeline, par- healthy communities, and promote sustain- pend on the cheap conception of gas ticularly in low- and middle-income ability. and other finite resources. It is in the communities, through training, job Agricultural adaptation for areas experi- interest of our national security to be- readiness, and entrepreneurship pro- encing shifting weather patterns. Subsist- come independent from our foreign grams to ensure that people who most ence farmers should be provided aid to man- sources of oil in politically unstable re- age temperature change and its effect on need work are prepared for the family- their growing season. gions of the world. If we continue to in- sustaining jobs and careers in energy Medical adaptation to prepare and prevent vest in other finite resources, what is efficiency and energy service indus- the spread of disease. As temperatures rise, to prevent those costs from sky- tries. tropical-borne diseases such as malaria and rocketing when the supply runs low? If When we talk about consumer pro- dengue fever may proliferate in previously we don’t invest in renewable tech- tection, we have heard a lot about cap- unaffected areas. Preventing and addressing nologies now, we could be on the brink and-trade. And sometimes I agree and this through vaccinations, improved sanita- of a catastrophe, not to mention the sometimes I disagree with all of the tion measures, and other burgeoning tech- nology should be a priority in the legisla- health and environmental cost. things that are out there, but let me tion. The best way to lower energy costs is just say two things about cap-and- It is with the utmost respect and apprecia- to make homes, buildings, vehicles, trade. A cap-and-trade system must be tion for your efforts that we present these and infrastructure more energy effi- fair and must not be to the detriment policy recommendations to you. We view cient. In the process, we create jobs. of manufacturers and businesses. A these principles as essential to any climate Doing nothing to curb carbon pollution cap-and-trade system will increase the change proposal. Please let us know how the means rising surface temperatures, ris- cost of energy derived from high-pol- Committee plans to incorporate these prin- ing sea levels, adverse health effects, ciples into the upcoming climate change leg- luting production processes for all islation and how we can work with you to and displaced populations. The longer households. Low- and middle-income pass this critical legislation. we delay, the higher the cost. households spend a greater share of Sincerely, As global warming becomes more their budget on energy costs than high- Barbara Lee, CBC Chairwoman; Emanuel threatening, addressing the future of er income households. To help prevent Cleaver, CBC Energy Taskforce Mem- America’s environment becomes in- climate change policies from being un- ber; Sheila Jackson Lee, CBC Energy creasingly urgent. According to the fairly burdensome on these households, Taskforce Member; Melvin L. Watt, United Nations Intergovernmental we must remember to promote and sup- CBC Energy Taskforce Member; Alcee Panel on Climate Change, the average port vital projects such as the Low In- L. Hastings, CBC Energy Taskforce global temperature could rise by an ad- Member; Sanford Bishop, CBC Energy come Home Energy Assistance Pro- Taskforce Member; Bobby Rush, CBC ditional 2.5 to 10.5 degrees Fahrenheit gram, better known as LIHEAP. by the year 2100. If the amount of car- Energy Taskforce Member; C b 2115 Butterfield, CBC Energy Taskforce bon dioxide in the atmosphere doubles Member; Donna M. Christensen, CBC as expected, the U.S. Environmental The LIHEAP program helps to pay Energy Taskforce Member. Protection Agency has acknowledged the winter heating bills or summer Ms. FUDGE. Thank you, Madam that without emission control policies, cooling bills of low-income and elderly Chair. the amount of carbon monoxide in the people. During extreme weather condi- I just want to say, Mr. Speaker, that air will far exceed today’s levels with a tions, people living in poverty and low- our chairwoman has been so very sup- 30 to 150 percent increase. income elderly should not have to portive of this hour and of me con- According to an assessment by the choose between fuel to heat or cool tinuing to be the anchor. But I also World Health Organization of possible their homes and buying food for them- want to say to our chairwoman that I health impacts of climate change, selves or their families. Two-thirds of appreciate your kind of setting the more than 150,000 deaths may have the families receiving LIHEAP assist- record straight because I know that been caused in the year 2000 alone by ance have incomes of less than $8,000 a one of the things that our President global warming as a result of disease, year, Mr. Speaker, $8,000. This program

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.001 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10724 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 27, 2009 clearly helps the people who need help approximately 1,000 products made by Therefore, we must be assured that the most. Cardinal. As a result, the company now they have their place at the proverbial The Congressional Black Caucus rec- earns half of its revenue selling prod- table. This will also ensure that the ommends that we provide measures to ucts that support wind energy prod- work is spread to all citizens. offset the disproportionate impact of ucts. Driven by sales of wind turbine We must as well develop Green En- increased energy costs that could take projects, Cardinal projects will add an ergy Centers of Excellence at predomi- the form of a climate rebate equal to additional 40 or more individuals to its nantly black institutions to research the loss in purchasing power extended workforce in 2009, increasing its total and develop new green technologies as to the lowest quintile, the second quin- to more than 100 employees. well as train implementers in the de- tile, and partially extend it to the I tell you this story because it tells velopment of green innovation. These third quintile. For households that file you of the potential that Ohio has to institutions maintain unique relation- no tax returns, the rebate could be ad- be an oasis of wind energy. Ohio has ships with communities of color, and ministered through the Electronic Ben- made enormous strides to take advan- we should use their expertise to edu- efit Transfer System. For all others tage of its wind potential and create cate these communities on the oppor- the rebate could be extended through a good green energy jobs throughout the tunities in green industries and the higher earned income tax credit or al- State. In fact, there are over 220 busi- techniques needed to succeed. ternative tax and make the connection nesses in Ohio that are involved in the We must ensure local and national with this increased cost. development and manufacturing of certification standards for technical In my home State of Ohio, Mr. wind energy and over 440 companies in- jobs to ensure appropriate levels of ex- Speaker, Ohio has lost more than volved in the renewable energy sector. pertise. We must also apply large-scale 213,000 manufacturing jobs since the The Ohio Department of Development energy-saving measures to the Nation’s year 2000. In my neighboring State of estimates that there are more than building stock, which will create hun- Michigan, the figure is almost 497,000 1,000 Ohio businesses that already have dreds of thousands of green collar jobs jobs lost. Its industrial sector ranks the capacity to become part of the while dramatically reducing America’s fourth for energy consumption after wind turbine supply chain. energy costs and greenhouse gas emis- Texas, Louisiana, and California. Ac- Comprehensive energy legislation sions. cording to the Environmental Defense will revolutionize our economy and en- It is important for us to remember Fund, manufacturing is poised to grow ergy infrastructure, spurring us to be- that the only way we can achieve our in a low-carbon economy because eco- come more innovative and efficient. goals as a country is to become more nomic opportunities exist within the The growing green economy presents energy independent, and that can only supply chain that provide parts and an opportunity to create large numbers happen if we have a skilled workforce labor for these industries. States that of quality green collar jobs for Amer- proficient in science, technology, engi- stand to benefit most from jobs in ican workers, to grow emerging indus- neering, and math. I would like to these sectors include Pennsylvania, tries, and to improve the health of low- briefly discuss and highlight the MC Ohio, Indiana, North Carolina, New and middle-income Americans. Any Squared School in my district, which is Mexico, Arizona, Nevada, and Cali- public investment in the green econ- the first STEM facility in our Nation fornia. omy should include serious efforts to that is located in a corporate complex. Ohio receives about 86 percent of its train, employ, and provide public serv- The facility provides an environment electricity from coal. We also have ice opportunities that lead to full-time fostering intellectual growth and stim- some energy-intensive industries in employment in these industries. We ulating curriculum geared toward Ohio such as paper, plastics, and fer- must assure that we train and prepare science, technology, engineering, and tilizer that rely upon abundant and our workforce for green jobs and tech- math. The students are mentored by economically viable sources of energy nology. An item that I truly support GE employees from a broad array of to help them keep their prices competi- from the American Recovery and Rein- disciplines ranging from research, tive, which is especially important dur- vestment Act is the nearly $3 billion in technology, and engineering to mar- ing this troubling economic time. A workforce investment formula grants keting, finance, global product man- cap-and-trade program will likely and $750 million for green and health agement, and human resources. Most gradually raise electricity rates over care training. Lori Atkins, the deputy importantly, the teachers and staff are time for consumers and especially director of the Cuyahoga County De- exceptional. It was no small feat to manufacturers like those in northeast partment of Workforce Development, make the MC Squared STEM School a Ohio. When developing legislation, it is informs me that to make sure that my success. It took the hard work, inge- critical for us to work to minimize the community is ready for all jobs that nuity, and commitment of local civic effect and to sustain the competitive- are coming our way, training dollars and business organizations who came ness of our crucial industries and not they will receive will go to approved together and contributed nearly $3 mil- only provide my district with jobs but advisers for in-demand occupations, in- lion for the classroom renovations on also provide the world with products. cluding green energy. My community the Nela Park campus in order to bring Mr. Speaker, the President had the will stand ready for this significant op- this idea to fruition. It also took the opportunity to visit my district the portunity to make cost-effective public vision of the CEO of the Cleveland Pub- day before he was inaugurated. He and private investments to rebuild and lic Schools, Dr. Eugene Sanders. came to the city of Bedford Heights. He retrofit our Nation. The CBC rec- The STEALTH team of the MC visited a community in my congres- ommends the following: Squared School meets once a week sional district. He came to visit the We must develop a career pipeline, after school and is headed up by a Ohio wind energy component manufac- particularly in low- and middle-income science teacher who was the vice presi- turer Cardinal Fasteners. President communities, through training, job dent of Johnson Controls for 26 years. Obama pointed to Cardinal Fasteners readiness, and entrepreneurship pro- They have created an apparatus called as an example of how a company strug- grams to ensure that people who most ‘‘the thing,’’ which collects sunlight gling through tough economic times need work are prepared for the family- and stores it in batteries which can be can reinvent itself and recover by rec- sustaining jobs and careers in energy used to charge your cell phone, laptop, ognizing opportunities in the renew- efficiency and energy services indus- and any daily household item. They able energy market. Rather than fall- tries. Ensuring local hiring practices have refined it to do something that ing victim to the slumping economy, will be critical to engaging these dis- works effectively. Additionally, the Cardinal has become the Nation’s larg- tressed communities. It is also ex- STEALTH group has implemented est manufacturer of bolts, screws, and tremely important that we do not green renovations to General Electric double-ended studs used in wind tow- leave minority- and women-owned solar panels on the roof of its own fa- ers. Each wind tower installed requires businesses behind in this new industry. cility.

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.001 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10725 The STEM School recently held a we move forward with our comprehen- with the problems that are existing in conference focusing on renewable en- sive energy legislation. our economy, but they are doing it by ergy at the Great Lakes Science Center And I must say you highlighted the trying to live within their own means. in my district where many students involvement of minority- and women- I think one thing that’s really sym- came and were responsible for re- owned businesses and entrepreneurs in bolized this first 100 days has been the searching a specific topic. The STEM this effort, also the role of the Histori- record levels of spending that’s gone on School then invited other children cally Black Colleges and Universities. with this new administration to run from the community to conduct a town The role of the Congressional Black our country deeper into debt, adding hall discussion on energy issues. Caucus, as many know, is to make sure more than 20 percent to the national The STEM School works in conjunc- that no one is left behind, that no com- debt in just the last 21⁄2 months, and tion with the Washington Park Green- munity is left behind. And the Congres- record levels of spending that I think house, which is connected to the Cleve- sional Black Caucus historically has have concerned many people across the land Public School District through been and continues to be the con- country to the point where just a few South High School. The STEM School science of the Congress. weeks ago you saw thousands, hun- students recently made some rec- So, Congresswoman FUDGE, I’m real- dreds of thousands of people taking the ommendations to increase energy effi- ly pleased that you have laid out for us streets in these taxpayer TEA parties ciency of the greenhouse. General Elec- tonight what the Congressional Black where people were literally showing up tric staff worked with them hand in Caucus sees as important in this en- all throughout communities in this hand while using the suggestions of the ergy legislation as we communicate it country to protest and send a signal. I students to renovate the greenhouse. to our great chairman, who is doing a think that they are frustrated with the The students then took measurements fantastic job, I must say, Chairman record borrowing and spending and tax- of humidity, temperature, and other HENRY WAXMAN. And we have commu- ing, as well as these bailouts that are levels before and after and compared nicated this to him, and we are very not working. And so as we look at all of this, I the result to measure the progress of confident that as this energy legisla- think it hopefully is an indication that their work. The STEM students are tion moves forward that the Congres- we need to pull back and refocus our currently working on developing auto- sional Black Caucus’s views and input country on those things that we truly mated watering systems for the green- and ideas to expand this legislation to need to take care of to address the house pumps to conserve energy and make sure it’s comprehensive and that problems that our country is facing water for the plants. They are in the it includes all communities in our and act in a fiscally responsible way to process of creating designs and testing country will be part of that. address those problems. So I think to see which one works best. Thank you for your leadership to- what we need to talk about now are the I believe that the MC Squared STEM night. That was a very wonderful pres- School has the ability to be a catalyst ways that the next 100 days can hope- entation, Congresswoman FUDGE. The fully shape us in a different direction for change across our Nation. Children Congressional Black Caucus is very than first 100 days. who are taught by educators with prop- proud of you. And as we look at some of these poli- er certification and mentored by pro- Ms. FUDGE. Thank you so much, cies, we are debating right now in the fessionals are more likely to succeed Madam Chair. Energy and Commerce Committee a and prosper in an increasingly techno- f major change in our Nation’s energy logically advanced society. It is for policy. I think our Nation is severely b 2130 this reason I plan to offer an amend- lacking a national energy policy. There ment to the STEM Coordination Act of HEALTH CARE REFORM are good alternatives that are out 2009 in the Committee of Science and The SPEAKER pro tempore (Mr. there. Technology, which I am a member, I am a cosponsor of a bill called the GRAYSON). Under the Speaker’s an- with the intent to increase the mem- American Energy Act, which takes an nounced policy of January 6, 2009, the bers of certified teachers in low-per- all-of-the-above approach to fixing our gentleman from Louisiana (Mr. SCA- forming areas of our country. Increas- national energy crisis, and a bill that LISE) is recognized for 60 minutes. ing the number of qualified teachers in would actually open up more areas of Mr. SCALISE. Mr. Speaker, in the our country in science and math will our own country’s natural resources to only help our Nation spur the renew- next 2 days we will be coming upon the drilling for oil, for natural gas, for de- able energy revolution. 100 days, first 100 days of President veloping clean coal technologies and In conclusion, Mr. Speaker, I would Obama’s Presidency, and the last few then using that revenue not only to like to thank Congresswoman BARBARA days we have already started to have create good jobs and to reduce our de- LEE, the chairwoman of the Congres- some analysis, some discussion on pendence on Middle Eastern oil, but to sional Black Caucus, for allowing this those 100 days, what’s happened, how fund our ability to transfer into those important discussion on energy during does it compare to prior Presidents? alternative sources of energy like wind our message hour. We must work to Of course, this is one of those tradi- and solar power. But we also need to strengthen all facets of our society tions that seems to occur going back to keep nuclear power as one of the com- when discussing an unfolding energy the days of FDR. And I guess it’s kind ponents of a strong national energy revolution in the 111th Congress. We of ironic that a lot of these compari- policy. have a great opportunity to protect our sons go back to FDR, because a lot of On the other side of that, what we environment and strengthen our eco- things that are happening today in our are seeing is the presentation of a bill nomic interest through the creation of country have a lot of similarities to called cap-and-trade. And the cap-and- additional sources of energy such as what happened back in the 1940s when trade energy tax is nothing short of biofuel, wind, and solar. FDR became President, when our coun- that, a massive change of energy policy Mr. Speaker, I yield again to our try was in a depression, a depression that the President has brought us in Chair, the gentlewoman from Cali- that lasted for over 8 years. It didn’t the first 100 days that would literally fornia (Ms. LEE). end until World War II got us out of it. turn over our energy economy in this Ms. LEE of California. Thank you I think one of the things that seems country to a Wall Street speculative very much for yielding. to have symbolized the first 100 days market where companies would be lim- And let me just thank the gentle- more than anything has been the ited in how much carbon they can emit woman from Ohio for that very com- record levels of spending that’s gone on in this country, but then they would prehensive, succinct, and very clear here in Washington. All across our have to pay taxes, in essence, on any statement. I think it summarizes many country we are facing tough economic more production that they would do. of the issues that the Congressional times right now. Families are tight- Early estimates are this would raise Black Caucus believes are important as ening their belts. Families are dealing $646 billion in new taxes, but it would

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.001 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10726 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 27, 2009 saddle every American family in this But to bring all your Cabinet mem- that we love to say and proudly say is country. Early estimates by the Presi- bers as a task to figure out how to go the best in the world. dent’s own budget director show that and cut $100 million, just to equate We know that it’s not perfect, and we there would be over $1,300 a year more that to an average American family, know that when statistics are thrown that every American family would pay that’s like a family of four who makes out by the United States Census Bu- in their own home energy bills, not in $35,000 saying, let’s sit around the reau that 47 million Americans every addition to all of the jobs that would table. We have got tough economic day throughout the year go without be lost. times. We need to cut our budget. A health insurance, that is a staggering Early estimates by groups like the family of four making $35,000, if the statistic, and I would say, Mr. Speaker National Association of Manufacturers best they could do is come up with a and my colleagues on both sides of the show that a cap-and-trade energy tax way to cut $1, that would be the same aisle, an unacceptable statistic. would literally ship 3 to 4 million jobs equivalent of the President’s challenge Now, the truth of the matter is, when out of our country overseas to coun- to cut $100 million out of a $3.5 trillion you peel back that onion, though, of 47 tries like China, India, Brazil and other budget. million people that have been deter- nations that would not have the same So I don’t think any family would be mined by questions of survey that’s kind of environmental regulations that celebrating after they found that $1 done in the typical Census Bureau fash- we have today. So for people who are amongst all of their expenses, $1 they ion, what you find is that this is just concerned about carbon emissions, the could cut out of their entire $35,000 kind of a snapshot, Mr. Speaker, of any cap-and-trade energy tax wouldn’t do budget. That’s, so far, the best that point in time there may be 47 million anything to lower carbon emissions in this administration has been able to people who are without health insur- the world. come up with. ance. But many of them, in fact, it’s What it would do is run off a lot of I think we can do better. I think the estimated that as much as a fourth of companies in the United States, ship American people are challenging us to that number or maybe even as much as those jobs, millions of jobs out to other do better. Some people that are here 40 percent, within 2 to 3 to 4 months, at countries like China, India, Brazil and will talk about ways that we can do the most, will have insurance. They others who will emit even more carbon. better and have some good ideas of may have lost it temporarily because So it’s a very counterproductive strat- their own. of a job change or an illness, or they egy from that standpoint but one that Dr. GINGREY from Georgia is one of just happened to let their premiums has a lot of support by some in Con- them, and, Mr. Speaker, at this time I lapse, and they regain that health in- gress. And then hopefully there will be would like to yield to Dr. GINGREY of surance. enough of us on this side to not only Georgia. But one of the things that’s without defeat that bill but then bring our al- Mr. GINGREY of Georgia. I thank question, as we look at the statistics, ternative plan, like the American En- the gentleman from Louisiana for the 47 million, is that there are 18 mil- ergy Act, a plan that would put a com- yielding. lion of them who clearly can afford—I prehensive national policy in place to We thought we would spend a few am not saying they live in luxury, but get our economy back on sound foot- minutes this evening talking about an- they could afford to provide health in- ing, but also to reduce our dependence other problem, a huge, huge problem, surance for themselves and probably on Middle Eastern oil, something that and, of course, that is with our health for their family as well, because 18 mil- has been a problem for a long time, care system in this country and the lion of the 47 million make more than something that hasn’t been addressed fact that the administration has made $50,000 a year. by Congress adequately, but one that one of their top priorities for this Con- b 2145 can be. gress health care reform. And so while we are talking about Those of us on the Republican side, Eighteen million of the 47 million and evaluating these first 100 days, Mr. Speaker, the loyal minority, feel have an income more than $50,000 a there are a lot of things that we can do that our health care system does need year, and 10 million of that 18 million to look at how to move us to a better some reforming, but not in the way make more than $100,000 a year. place in our country. And if you will that the President has proposed, not in So there are people in this country look at what has been happening with the way that the majority party has that are just simply, they are probably, the budget, one of the interesting con- suggested the road in which they want I would guess, demographically be- versations that we hear about is how to travel in regard to health care re- tween the ages of 22 and 35, who are much debt was run up in prior adminis- form. healthy and young and in many cases trations. I have got an opportunity this single, have good jobs, professionals, Frankly, I was not a supporter of the evening to be joined by a number of just don’t want to spend the money and debt back then. I surely am not a sup- doctors on our side of the aisle; in fact, just feel like, well, if I get sick, I will porter of the debt that’s being added to we are part of a new caucus in the pay it out of my pocket. our children and grandchildren right House, the Republican or GOP Doctors I think it is a mistake. I think it is now. Caucus. We have about 12 members in a huge mistake, and I certainly don’t And if that debt was bad, which I that group, Mr. Speaker. And I was try- recommend that. I think people are agree it was, then these proposals, in ing to get my staff to real quickly this playing Russian roulette almost by fact, the President’s own budget that’s evening estimate the number of years doing that because of some cata- going to be coming up on a vote here of medical provider experience that, in strophic illness, a broken neck in a on this House floor probably later this the aggregate, we have got in this motor vehicle accident that would week, would double the national debt, group. And that estimate, as just given leave a person disabled for life. That is double the national debt in just 51⁄2 to me by one of my colleagues, 331 a worst case scenario I guess you could years. total years of medical practice among think of. But that just shows you that And so just about a week ago the the GOP Republican Doctors Caucus. the number is not as bad, that 47 mil- President had met with some of his Let me repeat that, Mr. Speaker, 331 lion. Then it is estimated that one economic advisors and his Cabinet, he years. fourth of those are people who are not pulled in his Cabinet and he said, I Now, I am not going to say that that even citizens of this country. want you to go out and find—in a $3.5 necessarily makes us experts, but it So you get down and you start peel- trillion budget, he called all of his Cab- certainly does give us, in the Repub- ing the onion, and you peel the onion, inet members in and gave them the lican Doctors Caucus, a perspective, an the layers peel back and you may have task of cutting $100 million. Now, I experience that we should definitely be 15 million in this country, 10 or 15 mil- think we can all find ways to cut $100 heard on this issue of how to best re- lion people who, through no fault of million in the budget. form this health care system of ours their own, they are not poor enough to

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.001 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10727 be eligible for our safety net programs Mr. TIM MURPHY of Pennsylvania. I some payment for that, you must be like Medicaid and maybe the CHIP pro- thank my friend Dr. GINGREY for yield- disabled. But to be disabled you have gram, Children’s Health Insurance Pro- ing. Of course, Dr. GINGREY, you are got to go 24 months of disability, which gram, and they are not old enough to well aware as a practitioner of how is not a characteristic of this illness. be eligible for Medicare. They are not Medicare works. I want to lay out for a And, of course, to be disabled means disabled, thank goodness, but they few moments here, as many people will you can’t work. If you are not working, don’t make enough money to be able to start to say that we should use Medi- you can’t pay for your medication. If afford it. care and Medicaid as examples of how you stop working and they find out you We definitely need to do something to expand health care because they are really are without symptoms, it is a about that, and I can tell you that run so well. I want to point out a few problem. So, you see, it is one of those every member of the Doctors Caucus, things about how I disagree with that catch-22s we put people in with this. the Republican Doctors Caucus, agree premise and those that say that Medi- There is also something here that that number is too high, and we want care has a very low cost overhead. Medicare and Medicaid does not pay to do something about it, and we will In part, that is because some of the for: Disease management. This is par- do something about it. There are a administrative fees are set, but there ticularly important, because disease number of things that need reform in are several other things we need to management for people on Medicare is our system, and we will talk about know about that, and that is that they extremely important because of the that tonight. pay very low fees to hospitals and phy- complexities of their illness. And these I have been joined by a couple of my sicians, and perhaps that is why so complexities are not small. colleagues as I look across the Cham- many physicians do not participate in Nearly 80 percent of Medicare bene- ber and I see Dr. MURPHY from Penn- Medicare-Medicaid payments. Another ficiaries have at least one of the fol- sylvania, and I see Dr. FLEMING from aspect too, is, understand that Medi- lowing chronic conditions: Stroke, dia- Louisiana, and I think others will join care covers only about 58 percent of betes, emphysema, heart disease, hy- us as we get deeper into the hour. But beneficiaries’ health care expenses. pertension, arthritis, osteoporosis, Par- I am going to engage sort of in a col- So when you leave that much in kinson’s disease, urinary incontinence. loquy, maybe an open mike with my other fees on the table unpaid, what And because of this, 5 percent of Medi- colleagues, Mr. Speaker, talking about happens? Well, hospitals use some of care beneficiaries account for about what we feel needs to be done, but, their own coverage to cover that gap in half of all Medicare spending each more importantly, what we feel abso- Medicare coverage. Patients also carry year. Among this top 5 percent, nearly lutely should not be done as we bring their own supplemental insurance on half had congestive heart failure and 35 to you these 331 total years of medical their own to cover it, and many times percent had diabetes. experience and working with patients, it is left that the actual cost of Medi- You see, there is such complexity constituents now, that we have care that we are told does not any- among people with chronic illness, it is morphed into proud Members of the where near describe what the real cost a wonder they can manage it at all. Congress, but to understand what they is. That is why people with severe illness want, what the doctor-patient relation- The Medicare Payment Advisory do better if the doctors and nurses can ship is all about. Commission, otherwise known as work with the patients to manage this Some of our colleagues, Mr. Speaker, MEDPAC, said the way Medicare is complex care. have not had that unique opportunity, going, its well-known design defi- You don’t have to be a member of our and it is our obligation to share it with ciencies and financial problems will GOP caucus to notice how difficult it them as they share with us their expe- certain inhibit the delivery of high is, and hopefully some of the comments rience in their professional lives. That quality care, in its June 2008 report to made by some of my colleagues tonight is really why we are here. That is what Congress. They said, ‘‘Without change, can illustrate that. But I know pa- we are all about. the Medicare program is fiscally tients that I have worked with, some- Anyone that says Republicans are unsustainable over the long term and times it is absolutely overwhelming for the party of no, they have no opinion, is not designed to produce high quality them to have multiple visits and deal- they just show up and vote no, that is care.’’ ing with so much with their illness, absolutely an unfair characterization, Let me give you a couple of examples and yet Medicare and Medicaid won’t Mr. Speaker. We do have a plan. We of where I think Medicare is a par- pay one penny to have anyone from have a second opinion, as I point to ticular problem, and Medicaid as well. that medical practice work with that this first slide before yielding to my A constituent of mine has multiple patient. colleagues. We have a second opinion, sclerosis, and some of you may know So what happens? They forgo their heck, on everything, on every issue. that multiple sclerosis affects nerve treatments, they make mistakes in the We heard from Mr. SCALISE a few cells and really affects the ability of medications, there are many difficul- minutes ago about spending and a sec- those nerve cells to communicate with ties that come up, and it could lead to ond opinion that we Republicans have one another. There is a membrane over unnecessary hospitalizations. And on the budget, a second opinion that the arm of nerve cells called a myelin those, Mr. Speaker, those issues are we Republicans have on the Energy and sheath, and what happens is the scle- ones that cost so much in the area of Commerce Committee in regards to rosis or scarring of that sheath affects health care. I am sure my colleagues, what kind of comprehensive energy bill the ability of one nerve to commu- no matter what branch of medicine or this country needs that is not this cap- nicate with another. health care they are from, know this and-trade and the silent hidden tax of In multiple sclerosis, a person may full well. When you have a patient with $3,000 per family that hits middle class have discrete attacks or long-term at- multiple complications, if they cannot Americans so hard, and that is what tacks that may affect their motor deal with it, well, the complications in- the second opinion that Mr. SCALISE skills, their muscle skills or their crease. was giving in regard to that issue. thinking and cognition. At times it Part of the reason that this is even Well, by way of introduction, Mr. goes away completely for long periods more of a problem is that what hap- Speaker, that is what we are going to of time and then comes back. pens, these complexities go on. If you be talking about here for the next 45 The annual cost per patient, how- have Medicaid and Medicaid plans that minutes. I see my colleague from Penn- ever, for treating such patients may be say we are going to pay for what they sylvania is here and ready to go, and I $30,000 or $40,000 or $50,000 a year. And call quality of care, and it is only based want to yield 5 to 7 minutes to the yet how does Medicare and Medicaid on a narrow measure of outcome, then good doctor from Pennsylvania, Dr. handle that? Well, they have this what happens is that patients stop to TIM MURPHY, my classmate and col- strange notion that says, for example be compliant and hospitals may dis- league. with Medicaid, if you want to have charge some of them early because

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.001 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10728 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 27, 2009 they are not paying for actually man- I think there is a formality here, Mr. eryone that Medicare exists only be- aging these difficult cases. Speaker, in regard to who controls the cause it’s propped up by taxpayers and This is a serious, serious problem, time. Our colleague from Louisiana, he by private insurance. So, if we expand and one of the reasons why out of this is not a physician, he is just a very Medicare to everyone, who is going to $2.4 trillion health care system we have smart Member of this body and my col- prop that large system up, perhaps as no less than $700 billion or $800 billion league on the Energy and Commerce much as 17 percent of our total econ- worth of waste. It is because of that, Committee where we deal with health omy? Mr. Speaker, that what we ought to do care, as is Dr. MURPHY, where we deal I really think that we can have our is, before we say let’s have the govern- with health care every day, and Mr. cake and eat it, too. I think, Mr. ment expand Medicare and Medicaid SCALISE, the professor from Louisiana, Speaker, that we can have excellent in- and make it available for all, we ought is controlling the time, and I yield surance coverage and that we can actu- to say let’s use all of our abilities to fix back to him as he yields to other col- ally cut costs in the process. So here is these broken systems. It is wasteful, it leagues. point 1: is harmful, it is difficult for patients, Mr. SCALISE. Well, I thank the gen- Despite the need for Federal and and it is not effective health care. And tleman and the doctor from Georgia. State governments to pay many of the because of that, I would certainly en- As you said, I am not a doctor, and I health care insurance bills, the govern- courage what Congress should do with don’t play one on TV, but I do enjoy ment, itself, should get out of the ad- all full speed is instead of saying let’s serving with you on the Energy and ministration programs. Why is that? just replicate this broken system and Commerce Committee, where we do Any politician who tells you that expand it for everyone, we ought to fix deal with the policies that actually ad- when he is elected or that when she is this system. dress the health care issues in our elected that he is going to do away Medicare’s hospital payment system country, which are very important. with all fraud and abuse in government doesn’t encourage or reward hospitals One of our newest Members, some- is either lying to you or really has no to reduce readmissions. It is a matter body who I am proud to serve with in idea what he’s talking about. The rea- that we almost have like 18 percent of my State delegation, a new Member son for that, as we apply that to health admissions results in readmissions from Shreveport, Louisiana, who hap- care, is: If you take, for instance, two within 30 days of discharge. What is pens to be a doctor and a very able stu- physicians who are treating the same wrong with a system that has those dent on these issues, is my friend Dr. pneumonia, physician 1 treats it with kinds of problems? FLEMING, who I am going to yield time an office visit, with maybe a follow-up So, Mr. Speaker and my colleague, to now. office visit and with, perhaps, a pre- Dr. GINGREY, I know, doctor, how you Mr. FLEMING. Well, first of all, I scription for antibiotics. The other and I have talked many times about want to thank my friend from Lou- physician admits a patient to the hos- these difficulties and how they go on. isiana, Mr. SCALISE, or should I say Dr. pital, costing upwards of $7,000 to I might add this other point, if I SCALISE. We have made him an hon- $10,000. The question is: Who is right? may, doctor. You are aware that with orary doctor tonight. Also I want to The answer is they’re both right, but Medicare, that as people lay this out as thank Doctors MURPHY and GINGREY one costs many times more than the being this great cost-effective plan, one for their comments. I do want to follow other. We really, currently, don’t have of my concerns is if it is so cost-effec- up on some of these comments. I think a way of saying, Well, what is the best tive, why is it going belly up? It is out they all fit together nicely. and most efficient cost in every case of money in less than 10 years. Yet it is You know, first of all, I would like to for every patient? touted all the time of having this effec- say that the United States delivers the tive health care system. It is not that best health care in the world, or at I would submit to you, Mr. Speaker, way. I think it is that way simply be- least among the best, arguably the that the Federal Government does not cause it is not paying for effective best, but the financing of it is a basket have the ability to micromanage care health care along those lines. That is case. to its most efficient point. However, we can—if we are allowed to provide one of the issues that the GOP Doctors You heard, Mr. Speaker, Dr. GINGREY Caucus is trying to bring before the talk about the 47 million uninsured, health care through administrative American public, and certainly before which is a very fluid number. But, you means, that is—pay the money to cer- our colleagues here in the House. know, I have often said through my ex- tain organizations of providers and Mr. GINGREY of Georgia. Dr. MUR- perience that these 47 million are not allow them to make those decisions as PHY, if you would yield back to me just the people you think they are. They to where they can cut the waste out, for a second on that point, this second are not the poor, because we do have and to do so through competition, I slide, the cost of the current govern- programs for the poor. They are not think we could actually save money ment-run health programs, well, on the elderly. We have Medicare for the and see improvement in care and cer- this first bullet, colleagues, look at elderly. And they are not those in sta- tainly in customer service. this. CBO estimates that individual ble employment in corporate America. Second and as part of that is: physi- and corporate income tax rates would They are, for the most part, small cians and other health care providers have to rise by about 90 percent business owners and their employees. should be allowed to come together in through 2050 to finance projected in- There are really several reasons why both vertical and horizontal integra- creases in Medicare and Medicaid. That insurance is difficult to obtain or to af- tion so that, instead of having a reim- is what Dr. MURPHY is talking about. ford for these people, and I won’t go bursement rate that’s dictated by the The cost of reductions in Medicare pay- into all of that in detail, but I do want Federal Government—it’s the only part ments then are passed on to consumers to hit eight points that I recommend in of the economy, incidentally, in which who purchase their own care or get it terms of health care reform. the Federal Government determines from their employer, and that adds the actual price that anyone is paid, $1,500 annually or 10.6 percent to the b 2200 the so-called ‘‘price regulation.’’ If we annual cost of coverage for a family of Mr. FLEMING. Before I get to that, I move from that into price competition four. want to contrast with you what I un- where you have groups of providers So, Dr. MURPHY, I agree with you derstand the Democrat offering is on who come together and who group to- completely that we are in a situation this subject, and that is a, more or less, gether and who compete for covered where if that is the model, then God expanding Medicare, which we have lives and, in doing so, work efficiencies help us, if that is the model that we are today for the elderly and for the dis- into the system of lowering the cost going to adapt for all Americans. abled to everyone. I think there are a and improving the quality, I think we ‘‘Medicare for all’’ I think is the way lot of satisfied recipients of Medicare would see much more for our money, Senator KENNEDY put it. out there. However, I would remind ev- and certainly our patients would.

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.001 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10729 Third, we need to provide basic yielding time back to me because the doctors did so. Think of some of these health care insurance for every Amer- point, before we go back to Mr. SCALISE absurd principles in some of these gov- ican, at least make it affordable. In and then hear from Dr. ROE, is this a ernment-run plans. doing that, remember that today, point about a new government-run For some patients, they might need through the EMTALA laws passed in health plan that, I think, we want to home infusion therapy, that is, they the 1980s, someone with or without in- emphasize to our colleagues because may need antibiotics; but the strange surance can appear to the emergency this is the one thing that we fear the thing about this is that the person has room, simply request care and will be most. to come to the hospital to get them. provided care despite that person’s Well, I guess the one thing that we They’re sick. Instead of being at home ability to pay. Well, that’s all well and fear the most is, in one fell swoop, and having a nurse or someone in the good, but what often happens is it’s a going to a single-payer system of so- family trained to give some home infu- person arriving to the emergency room cialized medicine like they have in sion, they’ve got to get up, leave the who’s receiving the highest cost of care Canada or in the United Kingdom or in house and go somewhere else. I know and oftentimes the lowest quality of other countries where there are major, my colleague, Representative ELIOT care because it’s provided at the wrong major problems that some of my col- ENGEL, and I are working on a bill to time during the illness. Ultimately, leagues might want to address. That’s allow a part D drug benefit to cover someone else, such as other subscribers the worst thing. some of these home infusion drugs be- and taxpayers, end up paying the cost. What we fear from the strategy of cause, right now, when you are denied If we had private insurance for those the Democratic majority, Mr. Speaker, access to home infusion therapy and individuals who were uninsured, often- is to get there in two steps. The first are being forced into receiving infusion times they wouldn’t need to come to step, of course, would be to have a gov- therapy in hospitals and in skilled the emergency room. They could sim- ernment plan, a government health in- nursing facilities, it’s significantly ply receive early treatment, diagnostic surance plan, to compete with the pri- higher in cost. treatment or even prevention therapy, vate market, but the question is: Will There is one other example I wanted before ever having the need to come to that government plan compete fairly? to talk about, too. I’ve talked to some the emergency room. We think not, and we have a great fear oncologists who have pointed out, Fourth, we should allow the public to that it would drive the private market when patients come in for chemo- be informed consumers with simple and out of a competitive position and that therapy, they need to be evaluated at transparent systems so that they can it would cause employers who right that time to see if they’re healthy make wise choices. now cover 119 million lives through em- enough or in the right condition—that Fifth, we should reform antiquated ployment-provided health insurance to insurance laws and give incentives to they’re not sick at that moment or just simply drop that and say, Well, the young and healthy to opt into pri- have the flu or something else which shoot. You all go get it from the gov- vate insurance so that we have large would cause serious problems if they ernment. risk pools and so that we do away with received chemotherapy. Yet what hap- I will yield back to my colleague the term ‘‘preexisting illness.’’ pens is, when they get to have those re- Sixth, we need to move forward on from Louisiana, Mr. SCALISE, so he can sults and to have those tests and to incentives for providers to move into yield time to other colleagues in the have that treatment done, you have to the digital age with electronic health doctors’ caucus. do certain lab work, and they don’t get records. That will greatly enhance Mr. SCALISE. I thank the gentleman reimbursed for that. So the medical communication. At least in my own ex- from Georgia, and I think your con- practice eats that cost, once again, to perience, I’ve had electronic health cerns about a government-run system supplement the Medicare and Medicaid records in my clinic now for over 10 are very heartfelt. Obviously, we’ve got plans. years. It has actually lowered our cost many other countries that have gone I point that out as some of the many and has improved our efficiency. down that road and then have had the examples of how, anytime someone Seventh, we should make family phy- very bad experiences to show for it. I says Medicare and Medicaid are much sicians the linchpin of our health care know what you all are doing here is a cheaper, of course they’re cheaper. system. Supported by midlevels, they great service to be talking about alter- They don’t pay for treatments; they can have a tremendous effect on low- native solutions, a better way to fix discourage comprehensive medical ering the cost while improving care. and to reform our health care system. care, and they place the burden back Finally, we need to provide strong in- Mr. TIM MURPHY of Pennsylvania. on the patient and back on the States. centives for patients to function as Will the gentleman yield? That’s not how we want to run a health consumers and to behave in every way Mr. SCALISE. I will yield to the gen- care system; and I believe, in many possible to prevent disease rather than tleman from Pennsylvania, Dr. MUR- cases, it leads to more difficult care. PHY. enter the system at the worst possible b 2210 time when cost is the highest and out- Mr. TIM MURPHY of Pennsylvania. I comes are the poorest. thank the gentleman. God bless the doctors and hospitals So, you see, Mr. Speaker, while we I wanted to just take a moment to il- who do the right thing and give of their are not hearing about these solutions lustrate what Dr. GINGREY was saying time anyway. from the other side of the aisle even as to the effect of the inefficiency of With that, I yield back. though there’s a placeholder for over government-run health care. Mr. SCALISE. Before our committee $600 billion as a down payment towards The New York Times, just a couple of just a few weeks ago, Louisiana’s De- health care reform, on our side, we’re weeks ago in an article written by partment of Health and Hospital’s Sec- being very specific about what can be Julie Connelly, talked about a growing retary, Secretary Levine, was testi- done and about what should be done. number of physicians—it’s an article fying about exactly that problem about Many private and connected govern- entitled ‘‘Doctors Are Opting Out of a Medicaid-type model being followed mental agencies agree with these Medicare’’—particularly internists, and used by Congress to replicate that major points that I’ve discussed today. who are dropping out of Medicare all throughout the country and the dev- So, with that, I thank the gentleman, together because of low reimbursement astating impact it would have because, Mr. SCALISE, for allowing me this time, rates and the burden of paperwork and, clearly, as you pointed out, there are and certainly, I yield back my time. I might add, because of some of the ri- serious drawbacks from having a Med- Mr. SCALISE. I thank the gentleman diculous policies sometimes. icaid system. The lack of access to from Louisiana. I yield back to my It’s noted in a Texas Medical Asso- health care physicians is a big dis- friend from Georgia. ciation survey that 58 percent of Texas incentive that many consumers would Mr. GINGREY of Georgia. Well, I doctors accepted new Medicare pa- have if they found out that they were thank the honorary Dr. SCALISE for tients, but only 38 percent of primary being shifted over to a system like

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Medicaid that’s very broken right now, logical decision to drop that, and over SCALISE, and I appreciate the honor- to have that system replicated for the time, you’ll end up with a single-payer able gentleman for giving me this time entire country. system. That’s how exactly it’s going to express my opinion. Again, I appreciate you pointing out to work. Mr. SCALISE. I appreciate your com- these dangers, because before we go And what happened in Tennessee was ments, and hopefully we can hear more down that road, these are important this: In the State of Tennessee, you from you about the TennCare experi- things to lay out. had a choice. In Tennessee, we can’t ment as well as the other ideas that Somebody else that’s going to help borrow money. It’s against the State you’ve got that make a lot of sense. lay that out is our colleague, a doctor Constitution, so we have to balance the I yield back for a few moments to Dr. from Tennessee, Dr. ROE. budget. When the TennCare rolls got so GINGREY, until we go to the other side Mr. ROE of Tennessee. Thank you, big, the legislature and our Governor— of Georgia. Mr. SCALISE or Dr. SCALISE, whatever who is a Democrat, different party— Mr. GINGREY of Georgia. Thank you it is tonight. made a decision. We had to pare the very much. I am going to share with you some of rolls. So they rationed care by basi- Just momentarily, before we go to the experiences that—we’ve already cally cutting the number of people on east Georgia and Dr. BROUN, I did want done this experiment in the State of the system. to show in graphic form on this next Tennessee. And as a physician from What happens in a system like in slide, this poster that I have—my col- Tennessee and who has delivered babies Canada and in England, what happens leagues, when I talked about the em- in that State for over 30 years, we’ve when you’ve spent all the health care ployment-based health insurance, the seen our health care system change dollars? The only other option you 119 million, here they are in this pretty dramatically. have is to create waits, and that’s ex- green box here, chart, showing that 119 Remember back in the 1980s, early actly what happened. million in these private plans under 1990s when managed care was going to Let me share with you another sta- this so-called public default plan will be the be-all, save-all for us and obvi- tistic that hits me right in my heart, end up over here in this nice orange bar ously didn’t slow the health care costs because when I started my medical graph showing something like 132 mil- at all. And none of us here tonight, not practice, as did Dr. GINGREY, the 5-year lion people on the government plan. And as our colleague from Pennsyl- a single person—there is well over 100 survival rate of breast cancer was ap- vania, Dr. MURPHY, was talking about years’ experience in this room tonight proximately 50 percent for women in earlier, if that’s the model that we discussing this—defend the status quo. America. Today, it’s 98 percent. One of want, that’s the model that right now, Not any of us do. Many of us have a the great stories. 33 percent of physicians have closed tremendous program, I think, and So when a patient comes to me or the their practices to Medicaid, 12 percent we’re here tonight to share these expe- physicians in this room, they can tell that patient, You’re going to have a 98 have closed their practices to Medi- riences, what is positive and negative percent survival rate. In 2003, the 5- care. Why? Because these artificially about the system. low reimbursement rates do not even Let me turn the clock back about 15 year survival rate of breast cancer in cover the doctor’s expenses. or 16 years to a very noble cause in the England was 78 percent. Now, in England, which is a single- Physicians want to give their time State of Tennessee—not a wealthy payer system—and in that system, out of compassion and to treat the poor State—to cover all of our citizens, and they quit doing routine mammography, who cannot afford health care through we went into a managed care plan. We and the reason for that was cost. The no fault of their own, but they can’t got a Medicaid waiver called TennCare, mammogram comes along and says the keep the doors open. They’re small and what happened was this was a very woman has a problem in her breast. business men and women as well, and rich plan that was offered by the State You do a biopsy, and it shows up that they have salaries to pay. They have to compete with other plans. And busi- it’s negative. She doesn’t have cancer, insurance to provide. So it’s just a nesses made a perfectly logical deci- and that is a wonderful thing to be able matter of going down a road that’s not sion: 45 percent of the people who to tell a patient. But these wire-guided sustainable. ended up on TennCare had private needle biopsies are more expensive Representative SCALISE, thank you health insurance but dropped their pri- than the routine mammogram is, so for yielding me time, and I yield back vate health insurance to go on the they quit doing those, and they wait to you so you can yield to Dr. BROUN. State plan. now until a patient develops a mass in Mr. SCALISE. The chart you showed And I went to several of the hospital her breast which is approximately 2 gives us a good indication why we have administrators, the providers there lo- centimeters, about three-quarters of an the physician shortage in this country. cally, and I said what percent of your inch, of which a certain percentage of It is a crisis in health care, and in part cost did TennCare pay in your hospital those women will have spread to a because of not only the high cost of system? It was about 60 percent. And lymph node. We’re not going to do that medical education, but then when so Medicare, at least in our area—it var- in this country. I cannot believe we’re many get out, they realize that these ies in different areas—pays about 90 going to do that. types of payment methodologies actu- percent of the costs. And then you have The survival rates of colon cancer are ally inhibit their ability to make that the costs of the uninsured which pays less in England than in this country, back and ultimately be able to pay somewhere in between, leaving a cost and the reason is because the screening back those student loans. And so these shifting to the private payers. takes place at a much later time. I, types of programs have very dangerous Well, what is going to happen—and myself, had a screening colonoscopy at consequences that we’re seeing today. this is so predictable because we’ve al- age 50. I had a lesion discovered, Somebody else that can talk about ready done this experiment—we’re clipped out. I’ve had absolutely no that is our good friend from Georgia on going to have a plan that’s going to be problem whatsoever. If I had waited the east side, as you said, Dr. BROUN. set forward—again, a noble plan—to later in my life, I most likely would Mr. BROUN of Georgia. I thank the cover everyone. If we have time to- have had colon cancer. gentleman for yielding. night, I will go over some principles So just from a personal testimonial He just brought up a good point that I feel are important in the health here, those health care decisions, Mr. about—Dr. GINGREY did also—about the care debate. What will happen is there Speaker, should be made between a pa- reimbursement rates. I’m a general will be a plan brought forth to compete tient and the doctor, mutual decision practitioner, and I’ve done a full-time with the private sector that will be made between both of them. That’s house call medical practice prior to subsidized by the taxpayers, that when where the health care decisionmaking being elected to Congress 2 years ago. I you go to provide the care, it will pay should be made. would go see my patients at their less than the cost of care. And once And I will yield back my time. I have home, at their work, and I did that full again, businesses will make a perfectly some other things to talk about, Mr. time.

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And that is the rea- how health care decisions are made, to patches, running a fever, coughing, son that, what Dr. GINGREY was saying, allow patients to own their insurance runny nose, I would do a CBC to see if that even the physicians who have quit instead of the government owning their they had a bacterial infection and thus taking Medicare, a lot of those are pri- insurance. And we have plan after plan; needed antibiotics, or had a viral infec- mary care docs, family practitioners but unfortunately, the Democratic ma- tion because it looks the same. Don’t and internists, pediatricians—and jority are obstructing us being able to need the expensive antibiotics, don’t there are some pediatricians that do even present those plans here on the need the exposure of the antibiotics. I see Medicare patients that are dis- floor of the House. charge $12 for the test. It took 5 min- abled. And so the physicians have had The American people are going to utes to do it in my office. A totally to quit practicing on patients that are have to demand of the Democrats, de- automated lab with quality control be- on Medicare or Medicaid. mand of their Members of Congress, cause I wanted to make sure that the I want to make a point tonight—and Republican and Democratic alike, that quality of the test was correct. Con- I think you all are making great we want an alternative, a private sys- gress passed a bill, signed into law, points—but we have two very different tem alternative, an alternative that called the Clinical Laboratory Im- opinions of how to tackle this issue. On will allow me, as a patient, to make provement Act, CLIA; shut down my one hand, we have the Democratic Par- health care decisions so that I don’t lab—every doctor’s lab across the coun- ty’s philosophy, which I have been de- have some government bureaucrat ra- try. The same test, I had to send the scribing as a ‘‘steamroller of social- tioning the care that me or my mom or patient over to the hospital. It took 2 ism’’ that is being shoved down the my daddy or grandma gets, or my chil- to 3 hours—which I could do in 5 min- throats of the American public. And it dren. And those are the opportunities utes—cost $75. Now, you think about is going to strangle the American econ- that the American public have; do we how that increased the cost across the omy; it is going to actually slay the want a socialized health care system whole health care system. It markedly American people economically. And that is being mandated by the Federal exploded the cost of all insurance to one of those issues that the steamroller Government, by the Democratic major- everybody, government as well as the of socialism is rolling over is health ity, or do we want to have comprehen- private sector. care. sive health care that makes sense, that We have got to get the regulatory What NANCY PELOSI and company is delivered in the private system burden off the health care system. We here in the House and HARRY REID over where the doctor/patient relationship have got to put market-based solutions in the Senate are proposing are policies is how health care decisions are made, in the system. And we can solve these that are going to destroy the quality of where patients own their own insur- health care. On one hand, they want problems, but that is exactly what we ance, where patients make their deci- need to do. Federal bureaucrats making health sions, not some government bureau- care decisions. On the other hand, Re- Mr. SCALISE. And reclaiming my crat? time, that is why these policy changes publicans have plans—several, actu- We have got to demand better than can be so dangerous because they have ally—that will allow the doctor/patient this plan that the Democratic majority serious ramifications if they are not relationship to be how health care deci- is trying to force down the throat of done properly. sions are made. the American people. And it is up to I want to go back for a moment to On the Democratic Party’s plan, gov- the American people to demand from Dr. ROE before we wrap up with Dr. ernment bureaucrats are going to be the Democrats, say no, we don’t want GINGREY. setting the fees. On the other hand, the this socialized medicine. We want the Mr. ROE of Tennessee. Thank you Republicans’ plans will allow the mar- Republican plan to be voted on in the very much for yielding. ketplace to set those fees. The Demo- U.S. House. We demand it. And that is I think, just to kind of emphasize cratic Party’s plan, on their hand, we the way we are going to see respon- what Dr. BROUN said, if you like the see basically a monopoly controlled by sible, market-based health care deci- way the government managed AIG, you the Federal Government. On the other sions brought about. are going to fall in love with a govern- hand, the Republican plan allows mar- Mr. SCALISE, I yield back. ket decisions, marketplace factors to Mr. SCALISE. And Dr. BROUN, I ment-run health care system. control the quality, quantity, and cost think the strength of the American I think there are a few principles of all health care decisions, as it should system is the fact that the patient and that we all ought to abide by, and I be. the doctor, the two of them get to de- think we have, and we have discussed I believe very firmly in the market- cide what their health care decision is this tonight. One is, above all, do no place, and I think the marketplace can going to be, not some outside party, harm. Eighty-five percent of people make the quality of care be high. The some government bureaucrat like we have health insurance now. We have to cost of care—whether it is insurance, saw in the stimulus plan where they help control the cost. or doctors offices, or pharmaceuticals, set up this health care czar, literally a Again, as Dr. BROUN was talking, or durable medical equipment, or infu- Federal bureaucrat that would be able physicians and patients should be mak- sion services, all these things—the to interfere with the relationship be- ing decisions. And every American marketplace is the best way to control tween the doctor and the patient. Defi- needs access to quality, affordable the quality, cost, as well as the quan- nitely the wrong road to go. That is health care. I think we all agree on tity of all the goods and services even why I think it is so important that you that, and we have brought up some in health care. are bringing up this point. ideas tonight about how to do this. And so the American public have And I will yield for one moment. An illness should not bankrupt you; really two alternatives; one is the Mr. BROUN of Georgia. If the gen- you shouldn’t go bankrupt because you steamroller of socialism that is being tleman will yield a moment, govern- get cancer or another serious illness, fostered by the majority here in this ment regulation, government control— and today it does. It should be port- House, the majority in the U.S. Senate, Medicare policy is driving the health able. We have got several ways—and we and the administration. They want to care system. It is so expensive today can talk about this in the future. It totally socialize health care. When because of government intervention in shouldn’t just be tied to your job. And they talk about health care reform and the health care decisionmaking proc- the COBRA payments now, you have to comprehensive health care reform, ess. Let me give you an example of how be Bill Gates to pay for it. You would those are code words for them for so- government regulation markedly in- have to have an affordable way to do cialized medicine. creases the cost. that.

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.001 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10732 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 27, 2009 And lastly, every single person ought Accordingly (at 10 o’clock and 30 Sec. 303. Deficit-neutral reserve fund for to make an investment, ought to have minutes p.m.), the House stood in re- higher education. some investment. Let me give you a cess subject to the call of the Chair. Sec. 304. Deficit-neutral reserve fund for child nutrition and WIC. very quick example. Let’s say a patient f Sec. 305. Deficit-neutral reserve fund for in- on the Medicaid/TennCare system in 2335 vestments in America’s infra- Tennessee would come to my office to b structure. be treated for a cold, as he was talking AFTER RECESS Sec. 306. Deficit-neutral reserve fund to pro- about; a perfectly rational decision be- mote economic stabilization cause it costs nothing to do that. If you The recess having expired, the House and growth. go down to the local pharmacy to get was called to order by the Speaker pro Sec. 307. Deficit-neutral reserve fund for some medicine, it might cost you $15 or tempore (Mr. GRAYSON) at 11 o’clock America’s veterans and wound- and 35 minutes p.m. ed servicemembers. $20 to be treated for the same cold. Sec. 308. Deficit-neutral reserve fund for ju- With this system right here we are f dicial pay and judgeships, post- talking about, exactly what happened CONFERENCE REPORT ON S. CON. al retiree assistance, and cer- in that graph, Dr. GINGREY, is what is RES. 13, CONCURRENT RESOLU- tain pension obligations. going to happen to the national sys- TION ON THE BUDGET FOR FIS- Sec. 309. Deficit-neutral reserve fund for de- fense acquisition and Federal tem; you are going to push people out CAL YEAR 2010 of a higher quality private system into contracting reform. Mr. SPRATT submitted the following Sec. 310. Deficit-neutral reserve fund for in- the public system that we have seen. vestments in our Nation’s coun- I had patients who had to go to Knox- conference report and statement on the Senate concurrent resolution (S. Con. ties and schools. ville—which is 100 miles from where I Sec. 311. Deficit-neutral reserve fund for the live—to see an orthopedist because no Res. 13) setting forth the congressional Food and Drug Administration. one would take the Medicaid-type in- budget for the United States Govern- Sec. 312. Deficit-neutral reserve fund for a surance. And I can go on and on. And ment for fiscal year 2010, revising the comprehensive investigation we will discuss this further, obviously, appropriate budgetary levels for fiscal into the current financial cri- as this debate goes on. year 2009, and setting forth the appro- sis. Sec. 313. Deficit-neutral reserve fund for in- I yield back my time, Mr. SCALISE. priate budgetary levels for fiscal years 2011 through 2014: creased transparency at the Mr. SCALISE. Thank you, Dr. ROE. Federal Reserve. I would like to have Dr. GINGREY CONFERENCE REPORT (S. CON. RES. 13) Sec. 314. Deficit-neutral reserve fund for 21st wrap up this hour that we have had a The committee of conference on the dis- century community learning great discussion on health care. agreeing votes of the two Houses on the centers. Mr. GINGREY of Georgia. Represent- amendment of the House to the concurrent Sec. 315. Deficit-neutral reserve fund for ative SCALISE, I thank you for control- resolution (S. Con. Res. 13), setting forth the provision of critical resources ling the time, and I know we are get- congressional budget for the United States to firefighters and fire depart- ments. ting very close to the end here. Government for fiscal year 2010, revising the appropriate budgetary levels for fiscal year Sec. 316. Deficit-neutral reserve fund to pro- But just to say we are not picking on 2009, and setting forth the appropriate budg- mote tax equity for States our great neighbors to the north, Can- etary levels for fiscal years 2011 through 2014, without personal income taxes, ada, or our great friends in the United having met, after full and free conference, and other selected tax relief Kingdom—they do wonderful things, have agreed to recommend and do rec- policies. they are wonderful people, but we don’t ommend to their respective Houses as fol- Sec. 317. Deficit-neutral reserve fund to pro- necessarily feel that we want to adopt lows: mote individual savings and fi- That the Senate recede from its disagree- nancial security. their health care system. And of course Sec. 318. Deficit-neutral reserve fund to in- part of the reason is because so many ment to the amendment of the House and agree to the same with an amendment as fol- crease FDIC and NCUA bor- Canadians come down to our country lows: rowing authority. every year, they spend $1 billion annu- In lieu of the matter proposed to be in- Sec. 319. Deficit-neutral reserve fund for im- ally on getting health care in the serted by the House amendment, insert the proving the well-being of chil- United States, so there must be a prob- following: dren. lem. SECTION 1. CONCURRENT RESOLUTION ON THE Sec. 320. Deficit-neutral reserve fund for a 9/ BUDGET FOR FISCAL YEAR 2010. 11 health program. b 2230 (a) DECLARATION.—Congress declares that this Subtitle B—House Reserve Funds I think the main problem is a long resolution is the concurrent resolution on the Sec. 321. Deficit-neutral reserve fund for cue because of rationing, and it’s going budget for fiscal year 2010 and that this resolu- health care reform. to cost trillions of dollars to try to tion sets forth the appropriate budgetary levels Sec. 322. Deficit-neutral reserve fund for col- cover everybody under a single payer for fiscal years 2009 and 2011 through 2014. lege access, affordability, and (b) TABLE OF CONTENTS.—The table of con- system, Mr. Speaker. completion. tents for this concurrent resolution is as follows: Sec. 323. Deficit-neutral reserve fund for in- We Republicans, the Doctors Caucus Sec. 1. Concurrent resolution on the budget for creasing energy independence. on the Republican side, are here to- fiscal year 2010. Sec. 324. Deficit-neutral reserve fund for night to talk about better ways to do it TITLE I—RECOMMENDED LEVELS AND America’s veterans and wound- and share that with all of our col- AMOUNTS ed servicemembers. leagues, Republicans and Democrats, Sec. 325. Deficit-neutral reserve fund for cer- Sec. 101. Recommended levels and amounts. and especially with the administration. tain tax relief. Sec. 102. Social Security. Sec. 326. Deficit-neutral reserve fund for a 9/ And we hope that President Obama is Sec. 103. Postal Service discretionary adminis- listening because I know that he wants 11 health program. trative expenses. Sec. 327. Deficit-neutral reserve fund for to do something to improve health care Sec. 104. Major functional categories. child nutrition. in this country. But, hopefully, we can TITLE II—RECONCILIATION Sec. 328. Deficit-neutral reserve fund for talk him out of having a default plan Sec. 201. Reconciliation in the Senate. structural unemployment in- that everybody morphs into a single- Sec. 202. Reconciliation in the House. surance reforms. Sec. 329. Deficit-neutral reserve fund for payer system. TITLE III—RESERVE FUNDS child support. f Subtitle A—Senate Reserve Funds Sec. 330. Deficit-neutral reserve fund for the RECESS Sec. 301. Deficit-neutral reserve fund to Affordable Housing Trust Fund. transform and modernize Amer- Sec. 331. Deficit-neutral reserve fund for The SPEAKER pro tempore. Pursu- ica’s health care system. home visiting. ant to clause 12(a) of rule I, the Chair Sec. 302. Deficit-neutral reserve fund to in- Sec. 332. Deficit-neutral reserve fund for declares the House in recess subject to vest in clean energy and pre- low-income home energy assist- the call of the Chair. serve the environment. ance program trigger.

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00040 Fmt 0688 Sfmt 0655 E:\BR09\H27AP9.001 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10733 Sec. 333. Deficit-neutral reserve fund for Fiscal year 2010: $1,653,682,000,000. Fiscal year 2011: $564,523,000,000. county payments legislation. Fiscal year 2011: $1,929,625,000,000. Fiscal year 2012: $586,897,000,000. Sec. 334. Reserve fund for the surface trans- Fiscal year 2012: $2,129,601,000,000. Fiscal year 2013: $612,017,000,000. portation reauthorization. Fiscal year 2013: $2,291,120,000,000. Fiscal year 2014: $639,054,000,000. TITLE IV—BUDGET PROCESS Fiscal year 2014: $2,495,781,000,000. (c) SOCIAL SECURITY ADMINISTRATIVE EX- (B) The amounts by which the aggregate lev- PENSES.—In the Senate, the amounts of new Subtitle A—Senate Provisions els of Federal revenues should be changed are budget authority and budget outlays of the Fed- PART I—BUDGET ENFORCEMENT as follows: eral Old-Age and Survivors Insurance Trust Sec. 401. Discretionary spending limits, pro- Fiscal year 2009: $0. Fund and the Federal Disability Insurance gram integrity initiatives, and Fiscal year 2010: ¥$12,304,000,000. Trust Fund for administrative expenses are as other adjustments. Fiscal year 2011: ¥$159,006,000,000. follows: Sec. 402. Point of order against advance ap- Fiscal year 2012: ¥$230,792,000,000. Fiscal year 2009: propriations. Fiscal year 2013: ¥$224,217,000,000. (A) New budget authority, $5,296,000,000. Sec. 403. Emergency legislation. Fiscal year 2014: ¥$137,877,000,000. (B) Outlays, $4,945,000,000. Sec. 404. Point of order against legislation (2) NEW BUDGET AUTHORITY.—For purposes of Fiscal year 2010: increasing short-term deficit. the enforcement of this resolution, the appro- (A) New budget authority, $6,072,000,000. Sec. 405. Point of order against certain legis- priate levels of total new budget authority are (B) Outlays, $5,934,000,000. lation related to surface trans- as follows: Fiscal year 2011: portation funding. Fiscal year 2009: $3,675,927,000,000. (A) New budget authority, $6,568,000,000. PART II—OTHER PROVISIONS Fiscal year 2010: $2,888,691,000,000. (B) Outlays, $6,433,000,000. Fiscal year 2011: $2,844,910,000,000. Sec. 411. Oversight of Government perform- Fiscal year 2012: Fiscal year 2012: $2,848,117,000,000. (A) New budget authority, $6,895,000,000. ance. Fiscal year 2013: $3,012,193,000,000. (B) Outlays, $6,809,000,000. Sec. 412. Budgetary treatment of certain dis- Fiscal year 2014: $3,188,847,000,000. Fiscal year 2013: cretionary administrative ex- (3) BUDGET OUTLAYS.—For purposes of the en- (A) New budget authority, $7,223,000,000. penses. forcement of this resolution, the appropriate lev- (B) Outlays, $7,148,000,000. Sec. 413. Application and effect of changes els of total budget outlays are as follows: Fiscal year 2014: in allocations and aggregates. Fiscal year 2009: $3,356,270,000,000. (A) New budget authority, $7,599,000,000. Sec. 414. Adjustments to reflect changes in Fiscal year 2010: $3,001,311,000,000. (B) Outlays, $7,517,000,000. concepts and definitions. Fiscal year 2011: $2,967,908,000,000. Sec. 415. Exercise of rulemaking powers. SEC. 103. POSTAL SERVICE DISCRETIONARY AD- Fiscal year 2012: $2,881,842,000,000. MINISTRATIVE EXPENSES. Subtitle B—House Enforcement Provisions Fiscal year 2013: $3,019,375,000,000. In the Senate, the amounts of new budget au- Sec. 421. Adjustments for direct spending Fiscal year 2014: $3,174,814,000,000. thority and budget outlays of the Postal Service and revenues. (4) DEFICITS (ON-BUDGET).—For purposes of for discretionary administrative expenses are as Sec. 422. Adjustments to discretionary the enforcement of this resolution, the amounts follows: spending limits. of the deficits are as follows: Fiscal year 2009: Sec. 423. Costs of overseas deployments and Fiscal year 2009: $1,823,699,000,000. (A) New budget authority, $253,000,000. emergency needs. Fiscal year 2010: $1,347,629,000,000. (B) Outlays, $253,000,000. Sec. 424. Point of order against advance ap- Fiscal year 2011: $1,038,283,000,000. Fiscal year 2010: propriations. Fiscal year 2012: $752,241,000,000. (A) New budget authority, $262,000,000. Sec. 425. Oversight of government perform- Fiscal year 2013: $728,255,000,000. (B) Outlays, $262,000,000. ance. Fiscal year 2014: $679,033,000,000. Fiscal year 2011: Sec. 426. Budgetary treatment of certain dis- (5) DEBT SUBJECT TO LIMIT.—Pursuant to sec- (A) New budget authority, $267,000,000. cretionary administrative ex- tion 301(a)(5) of the Congressional Budget Act of (B) Outlays, $267,000,000. penses. 1974, the appropriate levels of the public debt Fiscal year 2012: Sec. 427. Application and effect of changes are as follows: (A) New budget authority, $272,000,000. in allocations and aggregates. Fiscal year 2009: $12,016,335,000,000. (B) Outlays, $272,000,000. Sec. 428. Adjustments to reflect changes in Fiscal year 2010: $13,233,246,000,000. Fiscal year 2013: concepts and definitions. Fiscal year 2011: $14,349,372,000,000. (A) New budget authority, $277,000,000. Sec. 429. Exercise of rulemaking powers. Fiscal year 2012: $15,277,119,000,000. (B) Outlays, $277,000,000. TITLE V—POLICY Fiscal year 2013: $16,159,829,000,000. Fiscal year 2014: Sec. 501. Policy on middle-class tax relief Fiscal year 2014: $17,022,631,000,000. (A) New budget authority, $283,000,000. and revenues. (6) DEBT HELD BY THE PUBLIC.—The appro- (B) Outlays, $283,000,000. Sec. 502. Policy on defense priorities. priate levels of debt held by the public are as SEC. 104. MAJOR FUNCTIONAL CATEGORIES. follows: TITLE VI—SENSE OF THE CONGRESS Congress determines and declares that the ap- Fiscal year 2009: $7,728,718,000,000. propriate levels of new budget authority and Sec. 601. Sense of the Congress on veterans’ Fiscal year 2010: $8,778,081,000,000. outlays for fiscal years 2009 through 2014 for and servicemembers’ health Fiscal year 2011: $9,683,425,000,000. each major functional category are: care. Fiscal year 2012: $10,345,343,000,000. (1) National Defense (050): Sec. 602. Sense of the Congress on homeland Fiscal year 2013: $10,930,977,000,000. Fiscal year 2009: security. Fiscal year 2014: $11,499,230,000,000. (A) New budget authority, $618,057,000,000. Sec. 603. Sense of the Congress on promoting SEC. 102. SOCIAL SECURITY. (B) Outlays, $646,810,000,000. American innovation and eco- (a) SOCIAL SECURITY REVENUES.—For pur- Fiscal year 2010: nomic competitiveness. poses of Senate enforcement under sections 302 (A) New budget authority, $562,033,000,000. Sec. 604. Sense of the Congress regarding and 311 of the Congressional Budget Act of 1974, (B) Outlays, $606,043,000,000. pay parity. the amounts of revenues of the Federal Old-Age Fiscal year 2011: Sec. 605. Sense of the Congress on college af- and Survivors Insurance Trust Fund and the (A) New budget authority, $570,107,000,000. fordability and student loan re- Federal Disability Insurance Trust Fund are as (B) Outlays, $587,945,000,000. form. follows: Fiscal year 2012: Sec. 606. Sense of the Congress on Great Fiscal year 2009: $653,117,000,000. (A) New budget authority, $579,135,000,000. Lakes restoration. Fiscal year 2010: $668,208,000,000. (B) Outlays, $576,023,000,000. Sec. 607. Sense of the Congress regarding the Fiscal year 2011: $694,864,000,000. Fiscal year 2013: importance of child support en- Fiscal year 2012: $726,045,000,000. (A) New budget authority, $589,895,000,000. forcement. Fiscal year 2013: $766,065,000,000. (B) Outlays, $584,670,000,000. TITLE I—RECOMMENDED LEVELS AND Fiscal year 2014: $802,166,000,000. Fiscal year 2014: AMOUNTS (b) SOCIAL SECURITY OUTLAYS.—For purposes (A) New budget authority, $603,828,000,000. SEC. 101. RECOMMENDED LEVELS AND AMOUNTS. of Senate enforcement under sections 302 and (B) Outlays, $595,476,000,000. The following budgetary levels are appro- 311 of the Congressional Budget Act of 1974, the (2) International Affairs (150): priate for each of fiscal years 2009 through 2014: amounts of outlays of the Federal Old-Age and Fiscal year 2009: (1) FEDERAL REVENUES.—For purposes of the Survivors Insurance Trust Fund and the Fed- (A) New budget authority, $40,885,000,000. enforcement of this resolution: eral Disability Insurance Trust Fund are as fol- (B) Outlays, $37,797,000,000. (A) The recommended levels of Federal reve- lows: Fiscal year 2010: nues are as follows: Fiscal year 2009: $513,029,000,000. (A) New budget authority, $47,866,000,000. Fiscal year 2009: $1,532,571,000,000. Fiscal year 2010: $544,140,000,000. (B) Outlays, $44,668,000,000.

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00041 Fmt 0688 Sfmt 6333 E:\BR09\H27AP9.001 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10734 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 27, 2009 Fiscal year 2011: Fiscal year 2013: (11) Health (550): (A) New budget authority, $51,505,000,000. (A) New budget authority, $22,449,000,000. Fiscal year 2009: (B) Outlays, $50,423,000,000. (B) Outlays, $22,026,000,000. (A) New budget authority, $380,158,000,000. Fiscal year 2012: Fiscal year 2014: (B) Outlays, $354,397,000,000. (A) New budget authority, $52,205,000,000. (A) New budget authority, $23,116,000,000. Fiscal year 2010: (B) Outlays, $52,078,000,000. (B) Outlays, $22,090,000,000. (A) New budget authority, $384,309,000,000. Fiscal year 2013: (7) Commerce and Housing Credit (370): (B) Outlays, $388,885,000,000. (A) New budget authority, $53,553,000,000. Fiscal year 2009: Fiscal year 2011: (B) Outlays, $52,899,000,000. (A) New budget authority, $694,439,000,000. (A) New budget authority, $363,778,000,000. Fiscal year 2014: (B) Outlays, $665,437,000,000. (B) Outlays, $367,412,000,000. (A) New budget authority, $54,928,000,000. Fiscal year 2010: Fiscal year 2012: (B) Outlays, $52,777,000,000. (A) New budget authority, $61,113,000,000. (A) New budget authority, $367,840,000,000. (3) General Science, Space, and Technology (B) Outlays, $85,750,000,000. (B) Outlays, $367,391,000,000. (250): Fiscal year 2011: Fiscal year 2013: Fiscal year 2009: (A) New budget authority, $26,181,000,000. (A) New budget authority, $386,483,000,000. (A) New budget authority, $35,389,000,000. (B) Outlays, $38,016,000,000. (B) Outlays, $382,172,000,000. (B) Outlays, $30,973,000,000. Fiscal year 2012: Fiscal year 2014: Fiscal year 2010: (A) New budget authority, $9,561,000,000. (A) New budget authority, $395,248,000,000. (A) New budget authority, $31,139,000,000. (B) Outlays, $8,649,000,000. (B) Outlays, $396,541,000,000. (B) Outlays, $32,467,000,000. Fiscal year 2013: (12) Medicare (570): Fiscal year 2011: (A) New budget authority, $17,247,000,000. Fiscal year 2009: (A) New budget authority, $33,993,000,000. (B) Outlays, $5,585,000,000. (A) New budget authority, $427,076,000,000. (B) Outlays, $34,532,000,000. Fiscal year 2014: (B) Outlays, $426,736,000,000. Fiscal year 2012: (A) New budget authority, $11,226,000,000. Fiscal year 2010: (A) New budget authority, $34,246,000,000. (B) Outlays, ¥$2,500,000,000. (A) New budget authority, $449,668,000,000. (B) Outlays, $33,532,000,000. (8) Transportation (400): (B) Outlays, $449,798,000,000. Fiscal year 2013: Fiscal year 2009: Fiscal year 2011: (A) New budget authority, $34,473,000,000. (A) New budget authority, $122,457,000,000. (A) New budget authority, $504,895,000,000. (B) Outlays, $33,823,000,000. (B) Outlays, $87,784,000,000. (B) Outlays, $504,721,000,000. Fiscal year 2014: Fiscal year 2010: Fiscal year 2012: (A) New budget authority, $34,841,000,000. (A) New budget authority, $88,151,000,000. (A) New budget authority, $505,686,000,000. (B) Outlays, $34,141,000,000. (B) Outlays, $95,695,000,000. (B) Outlays, $505,436,000,000. (4) Energy (270): Fiscal year 2011: Fiscal year 2013: Fiscal year 2009: (A) New budget authority, $89,071,000,000. (A) New budget authority, $540,017,000,000. (A) New budget authority, $43,919,000,000. (B) Outlays, $96,474,000,000. (B) Outlays, $540,146,000,000. (B) Outlays, $2,952,000,000. Fiscal year 2012: Fiscal year 2014: Fiscal year 2010: (A) New budget authority, $90,047,000,000. (A) New budget authority, $593,421,000,000. (A) New budget authority, $4,989,000,000. (B) Outlays, $95,851,000,000. (B) Outlays, $593,233,000,000. (B) Outlays, $6,275,000,000. Fiscal year 2013: (13) Income Security (600): Fiscal year 2011: (A) New budget authority, $90,866,000,000. Fiscal year 2009: (A) New budget authority, $5,037,000,000. (B) Outlays, $96,150,000,000. (A) New budget authority, $520,123,000,000. (B) Outlays, $9,089,000,000. Fiscal year 2014: (B) Outlays, $503,020,000,000. Fiscal year 2012: (A) New budget authority, $91,809,000,000. Fiscal year 2010: (A) New budget authority, $4,995,000,000. (B) Outlays, $96,793,000,000. (A) New budget authority, $536,740,000,000. (B) Outlays, $11,760,000,000. (9) Community and Regional Development (B) Outlays, $540,202,000,000. Fiscal year 2013: (450): Fiscal year 2011: (A) New budget authority, $5,272,000,000. Fiscal year 2009: (A) New budget authority, $509,101,000,000. (B) Outlays, $11,758,000,000. (A) New budget authority, $23,811,000,000. (B) Outlays, $512,335,000,000. Fiscal year 2014: (B) Outlays, $29,983,000,000. Fiscal year 2012: (A) New budget authority, $5,280,000,000. Fiscal year 2010: (A) New budget authority, $451,472,000,000. (B) Outlays, $11,121,000,000. (A) New budget authority, $18,308,000,000. (B) Outlays, $452,176,000,000. (5) Natural Resources and Environment (B) Outlays, $29,303,000,000. Fiscal year 2013: (300): Fiscal year 2011: (A) New budget authority, $455,310,000,000. Fiscal year 2009: (A) New budget authority, $21,232,000,000. (B) Outlays, $455,184,000,000. (A) New budget authority, $56,009,000,000. (B) Outlays, $27,530,000,000. Fiscal year 2014: (B) Outlays, $36,834,000,000. Fiscal year 2012: (A) New budget authority, $455,984,000,000. Fiscal year 2010: (A) New budget authority, $16,311,000,000. (B) Outlays, $454,858,000,000. (A) New budget authority, $37,587,000,000. (B) Outlays, $24,767,000,000. (14) Social Security (650): (B) Outlays, $40,557,000,000. Fiscal year 2013: Fiscal year 2009: Fiscal year 2011: (A) New budget authority, $16,202,000,000. (A) New budget authority, $31,820,000,000. (A) New budget authority, $37,859,000,000. (B) Outlays, $21,945,000,000. (B) Outlays, $31,264,000,000. (B) Outlays, $39,889,000,000. Fiscal year 2014: Fiscal year 2010: Fiscal year 2012: (A) New budget authority, $16,270,000,000. (A) New budget authority, $20,255,000,000. (A) New budget authority, $38,579,000,000. (B) Outlays, $19,147,000,000. (B) Outlays, $20,378,000,000. (B) Outlays, $39,535,000,000. (10) Education, Training, Employment, and Fiscal year 2011: Fiscal year 2013: Social Services (500): (A) New budget authority, $23,380,000,000. (A) New budget authority, $38,718,000,000. Fiscal year 2009: (B) Outlays, $23,513,000,000. (B) Outlays, $39,191,000,000. (A) New budget authority, $164,276,000,000. Fiscal year 2012: Fiscal year 2014: (B) Outlays, $73,219,000,000. (A) New budget authority, $26,478,000,000. (A) New budget authority, $39,338,000,000. Fiscal year 2010: (B) Outlays, $26,628,000,000. (B) Outlays, $39,322,000,000. (A) New budget authority, $94,430,000,000. Fiscal year 2013: (6) Agriculture (350): (B) Outlays, $140,624,000,000. (A) New budget authority, $29,529,000,000. Fiscal year 2009: Fiscal year 2011: (B) Outlays, $29,679,000,000. (A) New budget authority, $24,974,000,000. (A) New budget authority, $107,858,000,000. Fiscal year 2014: (B) Outlays, $23,070,000,000. (B) Outlays, $141,412,000,000. (A) New budget authority, $32,728,000,000. Fiscal year 2010: Fiscal year 2012: (B) Outlays, $32,728,000,000. (A) New budget authority, $23,690,000,000. (A) New budget authority, $117,121,000,000. (15) Veterans Benefits and Services (700): (B) Outlays, $23,951,000,000. (B) Outlays, $118,480,000,000. Fiscal year 2009: Fiscal year 2011: Fiscal year 2013: (A) New budget authority, $97,705,000,000. (A) New budget authority, $24,726,000,000. (A) New budget authority, $115,931,000,000. (B) Outlays, $94,831,000,000. (B) Outlays, $24,025,000,000. (B) Outlays, $118,911,000,000. Fiscal year 2010: Fiscal year 2012: Fiscal year 2014: (A) New budget authority, $106,498,000,000. (A) New budget authority, $21,640,000,000. (A) New budget authority, $125,788,000,000. (B) Outlays, $105,578,000,000. (B) Outlays, $17,545,000,000. (B) Outlays, $120,959,000,000. Fiscal year 2011:

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00042 Fmt 0688 Sfmt 6333 E:\BR09\H27AP9.001 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10735 (A) New budget authority, $112,977,000,000. Fiscal year 2014: named in subsections (a) and (b) shall submit (B) Outlays, $112,520,000,000. (A) New budget authority, ¥$16,670,000,000. their recommendations to the House Committee Fiscal year 2012: (B) Outlays, ¥$15,235,000,000. on the Budget. Upon receiving all such rec- (A) New budget authority, $108,839,000,000. (20) Undistributed Offsetting Receipts (950): ommendations, the House Committee on the (B) Outlays, $108,242,000,000. Fiscal year 2009: Budget shall report to the House a reconcili- Fiscal year 2013: (A) New budget authority, ¥$78,206,000,000. ation bill carrying out all such changes without (A) New budget authority, $113,942,000,000. (B) Outlays, ¥$78,206,000,000. any substantive revision. Fiscal year 2010: (B) Outlays, $113,293,000,000. TITLE III—RESERVE FUNDS Fiscal year 2014: (A) New budget authority, ¥$68,774,000,000. ¥ Subtitle A—Senate Reserve Funds (A) New budget authority, $116,163,000,000. (B) Outlays, $68,774,000,000. SEC. 301. DEFICIT-NEUTRAL RESERVE FUND TO (B) Outlays, $115,624,000,000. Fiscal year 2011: ¥ TRANSFORM AND MODERNIZE AMER- (16) Administration of Justice (750): (A) New budget authority, $71,993,000,000. (B) Outlays, ¥$71,993,000,000. ICA’S HEALTH CARE SYSTEM. Fiscal year 2009: Fiscal year 2012: (a) TRANSFORM AND MODERNIZE AMERICA’S (A) New budget authority, $55,783,000,000. (A) New budget authority, ¥$74,970,000,000. HEALTH CARE SYSTEM.—The chairman of the (B) Outlays, $49,853,000,000. (B) Outlays, ¥$74,970,000,000. Senate Committee on the Budget may revise the Fiscal year 2010: Fiscal year 2013: allocations of a committee or committees, aggre- (A) New budget authority, $53,400,000,000. (A) New budget authority, ¥$77,945,000,000. gates, and other appropriate levels and limits in (B) Outlays, $52,043,000,000. (B) Outlays, ¥$77,945,000,000. this resolution, and make adjustments to the Fiscal year 2011: Fiscal year 2014: pay-as-you-go ledger that are deficit-neutral (A) New budget authority, $53,892,000,000. (A) New budget authority, ¥$79,861,000,000. over 11 years, for one or more bills, joint resolu- (B) Outlays, $55,589,000,000. (B) Outlays, ¥$79,861,000,000. tions, amendments, motions, or conference re- Fiscal year 2012: (21) Overseas Deployments and Other Activi- ports that are deficit-neutral, reduce excess cost (A) New budget authority, $53,738,000,000. ties (970): growth in health care spending and are fiscally (B) Outlays, $55,468,000,000. Fiscal year 2009: sustainable over the long term, and— Fiscal year 2013: (A) New budget authority, $90,745,000,000. (1) protect families’ financial health including (A) New budget authority, $53,569,000,000. (B) Outlays, $24,147,000,000. restraining the growth of health premiums and (B) Outlays, $54,537,000,000. Fiscal year 2010: other health-related costs; Fiscal year 2014: (A) New budget authority, $130,000,000,000. (2) make health coverage affordable to busi- (A) New budget authority, $54,247,000,000. (B) Outlays, $98,410,000,000. nesses (in particular to small business and indi- (B) Outlays, $54,058,000,000. Fiscal year 2011: viduals who are self-employed), households, and (17) General Government (800): (A) New budget authority, $50,000,000,000. governments, including by reducing wasteful Fiscal year 2009: (B) Outlays, $76,118,000,000. and inefficient spending in the health care sys- (A) New budget authority, $30,405,000,000. Fiscal year 2012: tem with periodic reports on savings achieved (B) Outlays, $24,629,000,000. (A) New budget authority, $50,000,000,000. through these efforts, and by moving forward Fiscal year 2010: (B) Outlays, $65,221,000,000. with improvements to the health care delivery (A) New budget authority, $21,979,000,000. Fiscal year 2013: system, including Medicare; (B) Outlays, $22,757,000,000. (A) New budget authority, $50,000,000,000. (3) aim for quality, affordable health care for Fiscal year 2011: (B) Outlays, $56,722,000,000. all Americans; (A) New budget authority, $22,264,000,000. Fiscal year 2014: (4) provide portability of coverage and assur- (A) New budget authority, $50,000,000,000. (B) Outlays, $23,099,000,000. ance of coverage with appropriate consumer (B) Outlays, $52,110,000,000. Fiscal year 2012: protections; (A) New budget authority, $22,620,000,000. TITLE II—RECONCILIATION (5) guarantee choice of health plans and (B) Outlays, $23,689,000,000. SEC. 201. RECONCILIATION IN THE SENATE. health care providers to Americans; Fiscal year 2013: (a) COMMITTEE ON FINANCE.—The Senate (6) invest in prevention and wellness and ad- (A) New budget authority, $22,396,000,000. Committee on Finance shall report changes in dress issues of health disparities; (B) Outlays, $23,196,000,000. laws within its jurisdiction to reduce the deficit (7) improve patient safety and quality care, Fiscal year 2014: by $1,000,000,000 for the period of fiscal years including the appropriate use of health informa- (A) New budget authority, $22,898,000,000. 2009 through 2014. tion technology and health data, and promote (B) Outlays, $23,167,000,000. (b) COMMITTEE ON HEALTH, EDUCATION, transparency in cost and quality information to (18) Net Interest (900): LABOR, AND PENSIONS.—The Senate Committee Americans; or (8) maintain long-term fiscal sustainability Fiscal year 2009: on Health, Education, Labor, and Pensions and pays for itself by reducing health care cost (A) New budget authority, $288,952,000,000. shall report changes in laws within its jurisdic- growth, improving productivity, or dedicating (B) Outlays, $288,952,000,000. tion to reduce the deficit by $1,000,000,000 for additional sources of revenue; the period of fiscal years 2009 through 2014. Fiscal year 2010: by the amounts provided in such legislation for (c) SUBMISSIONS.—In the Senate, not later (A) New budget authority, $284,153,000,000. those purposes, provided that such legislation than October 15, 2009, the Senate committees (B) Outlays, $284,153,000,000. would not increase the deficit over the period of named in subsections (a) and (b) shall submit Fiscal year 2011: the total of fiscal years 2009 through 2019. their recommendations to the Senate Committee (A) New budget authority, $323,325,000,000. (b) OTHER REVISIONS.—The chairman of the (B) Outlays, $323,325,000,000. on the Budget. Upon receiving all such rec- Senate Committee on the Budget may revise the Fiscal year 2012: ommendations, the Senate Committee on the allocations of a committee or committees, aggre- (A) New budget authority, $387,488,000,000. Budget shall report to the Senate a reconcili- gates, and other appropriate levels and limits in (B) Outlays, $387,488,000,000. ation bill carrying out all such recommendations this resolution for one or more bills, joint resolu- Fiscal year 2013: without any substantive revision. tions, amendments, motions, or conference re- (A) New budget authority, $470,412,000,000. SEC. 202. RECONCILIATION IN THE HOUSE. ports that— (B) Outlays, $470,412,000,000. (a) HEALTH CARE REFORM.— (1) increase the reimbursement rate for physi- Fiscal year 2014: (1) The House Committee on Energy and Com- cian services under section 1848(d) of the Social (A) New budget authority, $558,265,000,000. merce shall report changes in laws to reduce the Security Act and that include financial incen- (B) Outlays, $558,265,000,000. deficit by $1,000,000,000 for the period of fiscal tives for physicians to improve the quality and (19) Allowances (920): years 2009 through 2014. efficiency of items and services furnished to Fiscal year 2009: (2) The House Committee on Ways and Means Medicare beneficiaries through the use of con- (A) New budget authority, $7,150,000,000. shall report changes in laws to reduce the deficit sensus-based quality measures; (B) Outlays, $1,788,000,000. by $1,000,000,000 for the period of fiscal years (2) include measures to encourage physicians Fiscal year 2010: 2009 through 2014. to train in primary care residencies and ensure (A) New budget authority, $1,157,000,000. (3) The House Committee on Education and an adequate supply of residents and physicians; (B) Outlays, $2,548,000,000. Labor shall report changes in laws to reduce the (3) improve the Medicare program for bene- Fiscal year 2011: deficit by $1,000,000,000 for the period of fiscal ficiaries and protect access to outpatient ther- (A) New budget authority, ¥$14,278,000,000. years 2009 through 2014. apy services (including physical therapy, occu- (B) Outlays, ¥$8,066,000,000. (b) INVESTING IN EDUCATION.—The House pational therapy, and speech-language pathol- Fiscal year 2012: Committee on Education and Labor shall report ogy services) through measures such as repeal- (A) New budget authority, ¥$14,914,000,000. changes in laws to reduce the deficit by ing the current outpatient therapy caps while (B) Outlays, ¥$13,147,000,000. $1,000,000,000 for the period of fiscal years 2009 protecting beneficiaries from associated premium Fiscal year 2013: through 2014. increases; or (A) New budget authority, ¥$16,126,000,000. (c) SUBMISSIONS.—In the House, not later (4) promote payment policies that address the (B) Outlays, ¥$14,979,000,000. than October 15, 2009, the House committees systemic inequities of Medicare and Medicaid

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00043 Fmt 0688 Sfmt 6333 E:\BR09\H27AP9.001 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10736 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 27, 2009 reimbursement that lead to access problems in (7) provide incentives for cost-savings (excluding transfers from the general fund of rural areas, including access to primary care achieved through energy efficiencies; the Treasury into the Highway Trust Fund not and outpatient services, hospitals, and an ade- (8) provide voluntary opportunities for agri- offset by a similar increase in receipts), provided quate supply of providers in the workforce or culture and forestry communities to contribute further that such legislation would not increase that reward quality and efficient care and ad- to reducing the levels of greenhouse gases in the the deficit over either the period of the total of dress geographic variations in spending in the atmosphere; and fiscal years 2009 through 2014 or the period of Medicare program; (9) help families, workers, communities, and the total of fiscal years 2009 through 2019. by the amounts provided in such legislation for businesses make the transition to a clean energy (c) MULTIMODAL TRANSPORTATION those purposes, provided that such legislation economy; PROJECTS.—The chairman of the Senate Com- would not increase the deficit over either the pe- by the amounts provided in such legislation for mittee on the Budget may revise the allocations riod of the total of fiscal years 2009 through 2014 those purposes, provided that such legislation of a committee or committees, aggregates, and or the period of the total of fiscal years 2009 would not increase the deficit over either the pe- other appropriate levels and limits in this reso- through 2019. riod of the total of fiscal years 2009 through 2014 lution for one or more bills, joint resolutions, SEC. 302. DEFICIT-NEUTRAL RESERVE FUND TO or the period of the total of fiscal years 2009 amendments, motions, or conference reports that INVEST IN CLEAN ENERGY AND PRE- through 2019. would authorize multimodal transportation SERVE THE ENVIRONMENT. SEC. 303. DEFICIT-NEUTRAL RESERVE FUND FOR projects that— (a) INVESTING IN CLEAN ENERGY AND PRE- HIGHER EDUCATION. (1) provide a set of performance measures; SERVING THE ENVIRONMENT.—The chairman of The chairman of the Senate Committee on the (2) require a cost-benefit analysis be con- the Senate Committee on the Budget may revise Budget may revise the allocations of a com- ducted to ensure accountability and overall the allocations of a committee or committees, ag- mittee or committees, aggregates, and other ap- project goals are met; and gregates, and other appropriate levels and limits propriate levels and limits in this resolution for (3) provide flexibility for States, cities, and lo- in this resolution for one or more bills, joint res- one or more bills, joint resolutions, amendments, calities to create strategies that meet the needs olutions, amendments, motions, or conference motions, or conference reports that make higher of their communities; reports that would— education more accessible and affordable while by the amounts provided in that legislation for (1) reduce our Nation’s dependence on im- maintaining a competitive private sector role in those purposes, provided that such legislation ported energy; the student loan program, which may include would not increase the deficit over either the pe- (2) produce green jobs; legislation to expand and strengthen student riod of the total of fiscal years 2009 through 2014 (3) promote renewable energy development (in- aid, such as Pell Grants, or increase college en- or the period of the total of fiscal years 2009 cluding expediting research on the viability of rollment and completion rates for low-income through 2019. using higher ethanol blends at the service sta- students, by the amounts provided in such legis- (d) FLOOD CONTROL PROJECTS AND INSURANCE tion pump); lation for those purposes, provided that such REFORM.—The chairman of the Senate Com- (4) authorize long-term contracts for procure- legislation would not increase the deficit over ei- mittee on the Budget may revise the allocations ment of alternative fuels from domestic sources, ther the period of the total of fiscal years 2009 of a committee or committees, aggregates, and provided that such procurement is consistent through 2014 or the period of the total of fiscal other appropriate levels and limits in this reso- with section 526 of the Energy Independence years 2009 through 2019. The legislation may in- lution for one or more bills, joint resolutions, and Security Act of 2007 (Public Law 110–140); clude tax provisions. amendments, motions, or conference reports that (5) accelerate the research, development, dem- SEC. 304. DEFICIT-NEUTRAL RESERVE FUND FOR provide for levee modernization, maintenance, onstration, and deployment of advanced tech- CHILD NUTRITION AND WIC. repair, and improvement, or provide for flood in- nologies to capture and store carbon dioxide The chairman of the Senate Committee on the surance reform and modernization, by the emissions from coal-fired power plants and other Budget may revise the allocations of a com- amounts provided in that legislation for those industrial emission sources and to use coal in an mittee or committees, aggregates, and other ap- purposes, provided that such legislation would environmentally acceptable manner; propriate levels and limits in this resolution for not increase the deficit over either the period of (6) strengthen and retool manufacturing sup- one or more bills, joint resolutions, amendments, the total of fiscal years 2009 through 2014 or the ply chains; motions, or conference reports that would reau- period of the total of fiscal years 2009 through (7) create a clean energy investment fund; thorize child nutrition programs or the Special 2019. (8) improve electricity transmission; Supplemental Nutrition Program for Women, In- (9) encourage conservation and efficiency; SEC. 306. DEFICIT-NEUTRAL RESERVE FUND TO fants, and Children (the WIC program), by the PROMOTE ECONOMIC STABILIZA- (10) make improvements to the Low-Income amounts provided in such legislation for those TION AND GROWTH. Home Energy Assistance Program; (a) MANUFACTURING.—The chairman of the (11) set aside additional funding from the Oil purposes, provided that such legislation would Senate Committee on the Budget may revise the Spill Liability Trust Fund for Arctic oil spill re- not increase the deficit over either the period of allocations of a committee or committees, aggre- search; the total of fiscal years 2009 through 2014 or the gates, and other appropriate levels and limits in (12) implement water settlements; period of the total of fiscal years 2009 through (13) provide additional resources for wildland 2019. this resolution for one or more bills, joint resolu- fire management activities (including the re- SEC. 305. DEFICIT-NEUTRAL RESERVE FUND FOR tions, amendments, motions, or conference re- moval of the requirement for State matching INVESTMENTS IN AMERICA’S INFRA- ports, including tax legislation, that would revi- funds); or STRUCTURE. talize and strengthen the United States domestic (14) preserve or protect public lands, oceans or (a) INFRASTRUCTURE.—The chairman of the manufacturing sector by increasing Federal re- coastal areas; Senate Committee on the Budget may revise the search and development, by expanding the scope by the amounts provided in such legislation for allocations of a committee or committees, aggre- and effectiveness of manufacturing programs those purposes, provided that such legislation gates, and other appropriate levels and limits in across the Federal Government, by increasing would not increase the deficit over either the pe- this resolution for one or more bills, joint resolu- efforts to train and retrain manufacturing riod of the total of fiscal years 2009 through 2014 tions, amendments, motions, or conference re- workers, by enhancing workers’ technical skills or the period of the total of fiscal years 2009 ports that provide for a robust Federal invest- in the use of the new advanced manufacturing through 2019. The legislation may include tax ment in America’s infrastructure, which may in- technologies to produce competitive energy effi- provisions. clude projects for public housing, energy, water, cient products, by increasing support for sector (b) CLIMATE CHANGE LEGISLATION.—The transportation, freight and passenger rail, or workforce training, by increasing support for chairman of the Senate Committee on the Budg- other infrastructure projects, by the amounts the redevelopment of closed manufacturing et may revise the allocations of a committee or provided in that legislation for those purposes, plants, by increasing support for development of committees, aggregates, and other appropriate provided that such legislation would not in- alternative fuels and leap-ahead automotive levels and limits in this resolution for one or crease the deficit over either the period of the and energy technologies such as advanced bat- more bills, joint resolutions, amendments, mo- total of fiscal years 2009 through 2014 or the pe- teries, or by establishing tax incentives to en- tions, or conference reports that would— riod of the total of fiscal years 2009 through courage the continued production in the United (1) invest in clean energy technology initia- 2019. States of advanced technologies and the infra- tives; (b) SURFACE TRANSPORTATION.—The chairman structure to support such technologies, by the (2) decrease greenhouse gas emissions; of the Senate Committee on the Budget may re- amounts provided in that legislation for those (3) create new jobs in a clean technology vise the allocations of a committee or commit- purposes, provided that such legislation would economy; tees, aggregates, and other appropriate levels not increase the deficit over either the period of (4) strengthen the manufacturing competitive- and limits in this resolution for one or more the total of fiscal years 2009 through 2014 or the ness of the United States; bills, joint resolutions, amendments, motions, or period of the total of fiscal years 2009 through (5) diversify the domestic clean energy supply conference reports that provide new contract 2019. to increase the energy security of the United authority paid out of the Highway Trust Fund (b) TAX RELIEF.—The chairman of the Senate States; for surface transportation programs to the ex- Committee on the Budget may revise the alloca- (6) protect consumers (including policies that tent such new contract authority is offset by an tions of a committee or committees, aggregates, address regional differences); increase in receipts to the Highway Trust Fund and other appropriate levels in this resolution

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00044 Fmt 0688 Sfmt 6333 E:\BR09\H27AP9.001 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10737 by the amounts provided by one or more bills, (2) accelerate the phase-in of concurrent re- (1) provide funding to the Department of De- joint resolutions, amendments, motions, or con- ceipt; fense for additional activities to reduce waste, ference reports that would provide tax relief, in- (3) reduce or eliminate the offset between Sur- fraud, abuse and overpayments in defense con- cluding but not limited to extensions of expiring vivor Benefit Plan annuities and Veterans’ De- tracting; and expired tax relief, or refundable tax relief, pendency and Indemnity Compensation; (2) enhance the capability of the Federal ac- by the amounts provided in such legislation for (4) enhance or maintain the affordability of quisition or contracting workforce to achieve those purposes, provided that such legislation health care for military personnel, military re- better value for taxpayers; would not increase the deficit over either the pe- tirees or veterans; (3) reduce the use of no-bid and cost-plus con- riod of the total of fiscal years 2009 through 2014 (5) improve disability benefits or evaluations tracts; or the period of the total of fiscal years 2009 for wounded or disabled military personnel or (4) reform Department of Defense processes for through 2019. veterans (including measures to expedite the acquiring weapons systems or services in order (c) TAX REFORM.—The chairman of the Sen- claims process); to reduce costs, improve cost and schedule esti- ate Committee on the Budget may revise the al- (6) enhance servicemember education benefits mation, enhance developmental testing of weap- locations of a committee or committees, aggre- for members of the National Guard and Reserve ons, enhance oversight, or increase the rigor of gates, and other appropriate levels in this reso- by ensuring those benefits keep pace with the reviews of programs that experience critical cost lution for one or more bills, joint resolutions, national average cost of tuition; or growth; amendments, motions, or conference reports that (7) expand veterans’ benefits (including for (5) reduce the award of contracts to contrac- would reform the Internal Revenue Code to en- veterans living in rural areas); tors with seriously delinquent tax debts; by the amounts provided in such legislation for sure a sustainable revenue base that would lead (6) reduce the use of non-competitive contracts those purposes, provided that such legislation to a fairer and more efficient tax system and to and the continuation of task orders for logistics would not increase the deficit over either the pe- a more competitive business environment for support; riod of the total of fiscal years 2009 through 2014 United States enterprises, by the amounts pro- (7) reduce the use of contracts for acquisition, or the period of the total of fiscal years 2009 vided in such legislation for those purposes, pro- oversight, and management support services; through 2019. vided that such legislation would not increase (8) enhance the capability of auditors and in- the deficit over either the period of the total of SEC. 308. DEFICIT-NEUTRAL RESERVE FUND FOR spectors general to oversee Federal acquisition fiscal years 2009 through 2014 or the period of JUDICIAL PAY AND JUDGESHIPS, POSTAL RETIREE ASSISTANCE, AND and procurement; the total of fiscal years 2009 through 2019. (9) reform the processes for payment of bo- (d) TRADE.—The chairman of the Senate Com- CERTAIN PENSION OBLIGATIONS. nuses to contractors and government executives mittee on the Budget may revise the allocations (a) JUDICIAL PAY AND JUDGESHIPS.—The responsible for over-budget projects and pro- of a committee or committees, aggregates, and chairman of the Senate Committee on the Budg- grams that fail to meet basic performance re- other appropriate levels in this resolution for et may revise the allocations of a committee or quirements; or one or more bills, joint resolutions, amendments, committees, aggregates, and other appropriate (10) achieve savings by requiring that Federal motions, or conference reports related to trade levels and limits in this resolution for one or departments and agencies eliminate improper by the amounts provided in such legislation for more bills, joint resolutions, amendments, mo- payments and increase the use of recovery au- those purposes, provided that such legislation tions, or conference reports that would author- dits; would not increase the deficit over either the pe- ize salary adjustments for justices and judges of by the amounts provided in such legislation for riod of the total of fiscal years 2009 through 2014 the United States, or increase the number of those purposes, provided that such legislation or the period of the total of fiscal years 2009 Federal judgeships, by the amounts provided in would not increase the deficit over either the pe- through 2019. such legislation for those purposes, provided riod of the total of fiscal years 2009 through 2014 (e) HOUSING ASSISTANCE.—The chairman of that such legislation would not increase the def- the Senate Committee on the Budget may revise icit over either the period of the total of fiscal or the period of the total of fiscal years 2009 the allocations of a committee or committees, ag- years 2009 through 2014 or the period of the through 2019. gregates, and other appropriate levels and limits total of fiscal years 2009 through 2019. SEC. 310. DEFICIT-NEUTRAL RESERVE FUND FOR in this resolution for one or more bills, joint res- (b) POSTAL RETIREES.—The chairman of the INVESTMENTS IN OUR NATION’S COUNTIES AND SCHOOLS. olutions, amendments, motions, or conference Senate Committee on the Budget may revise the reports related to housing assistance, which allocations of a committee or committees, aggre- The chairman of the Senate Committee on the may include low income rental assistance, or as- gates, and other appropriate levels in this reso- Budget may revise the allocations of a com- sistance provided through the Housing Trust lution for one or more bills, joint resolutions, mittee or committees, aggregates, and other ap- Fund created under section 1131 of the Housing amendments, motions, or conference reports re- propriate levels and limits in this resolution for and Economic Recovery Act of 2008, by the lating to adjustments to funding for postal re- one or more bills, joint resolutions, amendments, amounts provided in such legislation for those tiree health coverage, by the amounts provided motions, or conference reports that provide for purposes, provided that such legislation would in such legislation for those purposes, provided the reauthorization of the Secure Rural Schools not increase the deficit over either the period of that such legislation would not increase the def- and Community Self Determination Act of 2000 the total of fiscal years 2009 through 2014 or the icit over either the period of the total of fiscal (Public Law 106–393) or make changes to the period of the total of fiscal years 2009 through years 2009 through 2014 or the period of the Payments in Lieu of Taxes Act of 1976 (Public 2019. total of fiscal years 2009 through 2019. Law 94–565), or both, by the amounts provided (f) UNEMPLOYMENT MITIGATION.—The chair- (c) PENSION OBLIGATIONS.—The chairman of by that legislation for those purposes, provided man of the Senate Committee on the Budget the Senate Committee on the Budget may revise that such legislation would not increase the def- may revise the allocations of a committee or the allocations of a committee or committees, ag- icit over either the period of the total of fiscal committees, aggregates, and other appropriate gregates, and other appropriate levels in this years 2009 through 2014 or the period of the levels in this resolution for one or more bills, resolution for one or more bills, joint resolu- total of fiscal years 2009 through 2019. joint resolutions, amendments, motions, or con- tions, amendments, motions, or conference re- SEC. 311. DEFICIT-NEUTRAL RESERVE FUND FOR ference reports that reduce the unemployment ports that would authorize funding to cover the THE FOOD AND DRUG ADMINISTRA- rate or provide assistance to the unemployed, full cost of pension obligations for current and TION. particularly in the states and localities with the past employees of laboratories and environ- (a) REGULATION.—The chairman of the Senate highest rates of unemployment, or improve the mental cleanup sites under the jurisdiction of Committee on the Budget may revise the alloca- implementation of the unemployment compensa- the Department of Energy (including benefits tions of a committee or committees, aggregates, tion program, by the amounts provided in such paid to security personnel) in a manner that and other appropriate levels in this resolution legislation for those purposes, provided that does not impact the missions of those labora- for one or more bills, joint resolutions, amend- such legislation would not increase the deficit tories and environmental cleanup sites, by the ments, motions, or conference reports that au- over either the period of the total of fiscal years amounts provided in such legislation for those thorize the Food and Drug Administration to 2009 through 2014 or the period of the total of purposes, provided that such legislation would regulate products and assess user fees on manu- fiscal years 2009 through 2019. not increase the deficit over either the period of facturers and importers of those products to SEC. 307. DEFICIT-NEUTRAL RESERVE FUND FOR the total of fiscal years 2009 through 2014 or the cover the cost of the Food and Drug Administra- AMERICA’S VETERANS AND WOUND- period of the total of fiscal years 2009 through tion’s regulatory activities, by the amounts pro- ED SERVICEMEMBERS. 2019. vided in that legislation for those purposes, pro- The chairman of the Senate Committee on the SEC. 309. DEFICIT-NEUTRAL RESERVE FUND FOR vided that such legislation would not increase Budget may revise the allocations of a com- DEFENSE ACQUISITION AND FED- the deficit over either the period of the total of mittee or committees, aggregates, and other ap- ERAL CONTRACTING REFORM. fiscal years 2009 through 2014 or the period of propriate levels in this resolution for one or The chairman of the Senate Committee on the the total of fiscal years 2009 through 2019. more bills, joint resolutions, amendments, mo- Budget may revise the allocations of a com- (b) DRUG IMPORTATION.—The chairman of the tions, or conference reports that would— mittee or committees, aggregates, and other ap- Senate Committee on the Budget may revise the (1) expand the number of disabled military re- propriate levels and limits in this resolution for allocations of a committee or committees, aggre- tirees who receive both disability compensation one or more bills, joint resolutions, amendments, gates, and other appropriate levels in this reso- and retired pay; motions, or conference reports that— lution for one or more bills, joint resolutions,

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00045 Fmt 0688 Sfmt 6333 E:\BR09\H27AP9.001 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10738 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 27, 2009 amendments, motions, or conference reports that (3) including the identity of each entity to years 2009 through 2014 or the period of the permit the safe importation of prescription drugs which the Board has provided all loans and total fiscal years 2009 through 2019. approved by the Food and Drug Administration other financial assistance since March 24, 2008, SEC. 318. DEFICIT-NEUTRAL RESERVE FUND TO from a specified list of countries, by the amounts the value or amount of that financial assist- INCREASE FDIC AND NCUA BOR- provided in such legislation for those purposes, ance, and what that entity is doing with such ROWING AUTHORITY. provided that such legislation would not in- financial assistance; The chairman of the Committee on the Budget crease the deficit over either the period of the by the amounts provided in such legislation for of the Senate may revise the aggregates, alloca- total of fiscal years 2009 through 2014 or the pe- those purposes, provided that such legislation tions, and other appropriate levels in this reso- riod of the total of fiscal years 2009 through would not increase the deficit over either the pe- lution for one or more bills, joint resolutions, 2019. riod of the total of fiscal years 2009 through 2014 amendments, motions, or conference reports to (c) FOOD SAFETY.—The chairman of the Sen- or the period of the total of fiscal years 2009 increase the borrowing authority of the Federal ate Committee on the Budget may revise the al- through 2019. Deposit Insurance Corporation and the National locations of a committee or committees, aggre- SEC. 314. DEFICIT-NEUTRAL RESERVE FUND FOR Credit Union Administration, provided that gates, and other appropriate levels and limits in 21ST CENTURY COMMUNITY LEARN- such legislation does not increase the deficit this resolution for one or more bills, joint resolu- ING CENTERS. over either the period of the total fiscal years tions, amendments, motions, or conference re- The chairman of the Senate Committee on the 2009 through 2014 or the period of the total fis- ports that would improve the safety of the food Budget may revise the allocations of a com- cal years 2009 through 2019. supply in the United States, by the amounts mittee or committees, aggregates, and other lev- SEC. 319. DEFICIT-NEUTRAL RESERVE FUND FOR provided in such legislation for these purposes, els and limits in this resolution for one or more IMPROVING THE WELL-BEING OF provided that such legislation would not in- bills, joint resolutions, amendments, motions, or CHILDREN. crease the deficit over either the period of the conference reports that would increase funding The chairman of the Senate Committee on the total of fiscal years 2009 through 2014 or the pe- for the 21st Century Community Learning Cen- Budget may revise the allocations of a com- riod of the total of fiscal years 2009 through ters program by the amounts provided in such mittee or committees, aggregates, and other ap- 2019. legislation for such purpose, provided that such propriate levels in this resolution for one or SEC. 312. DEFICIT-NEUTRAL RESERVE FUND FOR legislation would not increase the deficit over ei- more bills, joint resolutions, amendments, mo- A COMPREHENSIVE INVESTIGATION ther the period of the total of fiscal years 2009 tions, or conference reports that— INTO THE CURRENT FINANCIAL CRI- through 2014 or the period of the total of fiscal (1) make improvements to child welfare pro- SIS. years 2009 through 2019. grams, including strengthening the recruitment The chairman of the Senate Committee on the SEC. 315. DEFICIT-NEUTRAL RESERVE FUND FOR and retention of foster families, or make im- Budget may revise the allocations of a com- PROVISION OF CRITICAL RE- provements to the child support enforcement mittee or committees, aggregates, and other ap- SOURCES TO FIREFIGHTERS AND program; propriate levels and limits in this resolution for FIRE DEPARTMENTS. (2) improve the Federal foster care payment one or more bills, joint resolutions, amendments, The chairman of the Senate Committee on the system to better support children, improve fam- motions, or conference reports that provide re- Budget may revise the allocations of a com- ily support, family preservation, family reunifi- sources for a comprehensive investigation to de- mittee or committees, aggregates, and other lev- cation services, address the needs of children termine the cause of the current financial crisis, els and limits in this resolution for one or more prior to removal, during removal, and post hold those responsible accountable, and provide bills, joint resolutions, amendments, motions, or placement or address the needs of children who recommendations to prevent another financial conference reports that would provide fire- have been abused or neglected; or crisis of this magnitude from occurring again by fighters and fire departments with critical re- (3) provide funds to states for a program of the amounts provided in such legislation for sources under the Assistance to Firefighters home visits to low-income mothers-to-be and those purposes, provided that such legislation Grant and the Staffing for Adequate Fire and low-income families that will produce sizeable, would not increase the deficit over either the pe- Emergency Response Firefighters Grant of the sustained improvements in the health, well- riod of the total of fiscal years 2009 through 2014 Federal Emergency Management Agency, by the being, or school readiness of children or their or the period of the total of fiscal years 2009 amounts provided in such legislation for such parents; through 2019. purpose, provided that such legislation would by the amounts provided in such legislation for SEC. 313. DEFICIT-NEUTRAL RESERVE FUND FOR not increase the deficit over either the period of those purposes, provided that such legislation INCREASED TRANSPARENCY AT THE the total of fiscal years 2009 through 2014 or the would not increase the deficit over either the pe- FEDERAL RESERVE. period of the total of fiscal years 2009 through riod of the total of fiscal years 2009 through 2014 The chairman of the Senate Committee on the 2019. or the period of the total of fiscal years 2009 Budget may revise the allocations of a com- SEC. 316. DEFICIT-NEUTRAL RESERVE FUND TO through 2019. mittee or committees, aggregates, and other ap- PROMOTE TAX EQUITY FOR STATES SEC. 320. DEFICIT-NEUTRAL RESERVE FUND FOR propriate levels and limits in this resolution for WITHOUT PERSONAL INCOME TAXES, A 9/11 HEALTH PROGRAM. one or more bills, joint resolutions, amendments, AND OTHER SELECTED TAX RELIEF The chairman of the Senate Committee on the POLICIES. motions, or conference reports that increase Budget may revise the allocations of a com- The chairman of the Senate Committee on the transparency at the Federal Reserve System, in- mittee or committees, aggregates, and other ap- Budget may revise the allocations of a com- cluding audits of the Board of Governors of the propriate levels in this resolution for one or mittee or committees, aggregates, and other ap- Federal Reserve System and the Federal reserve more bills, joint resolutions, amendments, mo- propriate levels in this resolution for one or banks, to include— tions, or conference reports that would establish more bills, joint resolutions, amendments, mo- (1) an evaluation of the appropriate number a program, including medical monitoring and tions, or conference reports that would extend and the associated costs of Federal reserve treatment, addressing the adverse health im- permanently the deduction for State and local banks; pacts linked to the September 11, 2001 attacks, sales taxes, extend incentives for enhanced (2) publication on its website, with respect to by the amounts provided in such legislation for charitable giving from individual retirement ac- all lending and financial assistance facilities those purposes, provided that such legislation counts, including life-income gifts, or enhance created by the Board to address the financial would not increase the deficit over either the pe- the employer-provided child care credit and the crisis, of— riod of the total of fiscal years 2009 through 2014 (A) the nature and amounts of the collateral dependent care tax credit, by the amounts pro- or the period of the total of fiscal years 2009 that the central bank is accepting on behalf of vided in such legislation for those purposes, pro- through 2019. American taxpayers in the various lending pro- vided that such legislation would not increase grams, on no less than a monthly basis; the deficit over either the period of the total of Subtitle B—House Reserve Funds (B) the extent to which changes in valuation fiscal years 2009 through 2014 or the period of SEC. 321. DEFICIT-NEUTRAL RESERVE FUND FOR of credit extensions to various special purpose the total of fiscal years 2009 through 2019. HEALTH CARE REFORM. vehicles, such as Maiden Lane I, Maiden Lane SEC. 317. DEFICIT-NEUTRAL RESERVE FUND TO The chairman of the House Committee on the II, and Maiden Lane III, are a result of losses PROMOTE INDIVIDUAL SAVINGS AND Budget may revise the allocations, aggregates, on collateral which will not be recovered; FINANCIAL SECURITY. and other appropriate levels in this resolution (C) the number of borrowers that participate The chairman of the Committee on the Budget for any bill, joint resolution, amendment, or in each of the lending programs and details of of the Senate may revise the aggregates, alloca- conference report that makes improvements to the credit extended, including the extent to tions, and other appropriate levels in this reso- health care in America, which may include which the credit is concentrated in one or more lution for one or more bills, joint resolutions, making affordable health coverage available for institutions; and amendments, motions, or conference reports that all, improving the quality of health care, reduc- (D) information on the extent to which the promote financial security through financial lit- ing rising health care costs, building on and central bank is contracting for services of pri- eracy, retirement planning, and savings incen- strengthening existing public and private insur- vate sector firms for the design, pricing, man- tives, including individual development ac- ance coverage, including employer-sponsored agement, and accounting for the various lend- counts and child savings accounts, provided coverage, and preserving choice of provider and ing programs and the terms and nature of such that such legislation does not increase the def- plan by the amounts provided in such measure contracts and bidding processes; and icit over either the period of the total fiscal if such measure would not increase the deficit or

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00046 Fmt 0688 Sfmt 6333 E:\BR09\H27AP9.001 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10739 decrease the surplus for either time period pro- would not increase the deficit or decrease the conference report that capitalizes the existing vided in clause 10 of rule XXI of the Rules of surplus for either time period provided in clause Affordable Housing Trust Fund by the amounts the House of Representatives. 10 of rule XXI of the Rules of the House of Rep- provided in such measure if such measure would SEC. 322. DEFICIT-NEUTRAL RESERVE FUND FOR resentatives. not increase the deficit or decrease the surplus COLLEGE ACCESS, AFFORDABILITY, SEC. 325. DEFICIT-NEUTRAL RESERVE FUND FOR for either time period provided in clause 10 of AND COMPLETION. CERTAIN TAX RELIEF. rule XXI of the Rules of the House of Represent- The chairman of the House Committee on the The chairman of the House Committee on the atives. Budget may revise the allocations, aggregates, Budget may revise the allocations, aggregates, SEC. 331. DEFICIT-NEUTRAL RESERVE FUND FOR and other appropriate levels in this resolution and other appropriate levels in this resolution HOME VISITING. for any bill, joint resolution, amendment, or for any bill, joint resolution, amendment, or The chairman of the House Committee on the conference report that makes college more af- conference report that provides for tax relief Budget may revise the allocations, aggregates, fordable or accessible or that increases college that supports working families (such as expand- and other appropriate levels in this resolution enrollment and completion through reforms to ing the refundable child credit), businesses, for any bill, joint resolution, amendment, or the Higher Education Act of 1965 or other legis- States, or communities, by the amounts provided conference report that provides funds to states lation, including increasing the maximum Pell in such measure if such measure would not in- for a program of home visits to low-income grant award annually by an amount equal to crease the deficit or decrease the surplus for ei- mothers-to-be and low-income families which one percentage point more than the Consumer ther time period provided in clause 10 of rule will produce sizeable, sustained improvements in Price Index, or student loan reform, by the XXI of the Rules of the House of Representa- the health, well-being, or school readiness of amounts provided in such measure if such meas- tives. children or their parents, by the amounts pro- ure would not increase the deficit or decrease SEC. 326. DEFICIT-NEUTRAL RESERVE FUND FOR vided in such measure if such measure would the surplus for either time period provided in A 9/11 HEALTH PROGRAM. not increase the deficit or decrease the surplus clause 10 of rule XXI of the Rules of the House The chairman of the House Committee on the for either time period provided in clause 10 of of Representatives, and minimize disruption to Budget may revise the allocations, aggregates, rule XXI of the Rules of the House of Represent- schools, students, and the employees of the stu- and other appropriate levels in this resolution atives. dent loan originating and servicing industry. for any bill, joint resolution, amendment, or SEC. 332. DEFICIT-NEUTRAL RESERVE FUND FOR SEC. 323. DEFICIT-NEUTRAL RESERVE FUND FOR conference report that would establish a pro- LOW-INCOME HOME ENERGY ASSIST- INCREASING ENERGY INDEPEND- gram, including medical monitoring and treat- ANCE PROGRAM TRIGGER. ENCE. ment, addressing the adverse health impacts The chairman of the House Committee on the The chairman of the House Committee on the linked to the September 11, 2001, attacks by the Budget may revise the allocations, aggregates, Budget may revise the allocations, aggregates, amounts provided in such measure if such meas- and other appropriate levels in this resolution and other appropriate levels in this resolution ure would not increase the deficit or decrease for any bill, joint resolution, amendment, or for any bill, joint resolution, amendment, or the surplus for either time period provided in conference report that makes the Low-Income conference report that— clause 10 of rule XXI of the Rules of the House Home Energy Assistance Program more respon- (1) provides tax incentives for or otherwise en- of Representatives. sive to energy price increases by the amounts courages the production of renewable energy or SEC. 327. DEFICIT-NEUTRAL RESERVE FUND FOR provided in such measure if such measure would increased energy efficiency; CHILD NUTRITION. not increase the deficit or decrease the surplus (2) encourages investment in emerging energy The chairman of the House Committee on the for either time period provided in clause 10 of or vehicle technologies or carbon capture and Budget may revise the allocations, aggregates, rule XXI of the Rules of the House of Represent- sequestration; and other appropriate levels in this resolution atives. (3) limits and provides for reductions in green- for any bill, joint resolution, amendment, or house gas emissions; SEC. 333. DEFICIT-NEUTRAL RESERVE FUND FOR conference report that reauthorizes, expands, or COUNTY PAYMENTS LEGISLATION. (4) assists businesses, industries, States, com- improves child nutrition programs by the munities, the environment, workers, or house- The chairman of the House Committee on the amounts provided in such measure if such meas- holds as the United States moves toward reduc- Budget may revise the allocations, aggregates, ure would not increase the deficit or decrease ing and offsetting the impacts of greenhouse gas and other appropriate levels in this resolution the surplus for either time period provided in emissions; or for any bill, joint resolution, amendment, or clause 10 of rule XXI of the Rules of the House (5) facilitates the training of workers for these conference report that provides for the reauthor- of Representatives. industries (‘‘green collar jobs’’); ization of the Secure Rural Schools and Commu- by the amounts provided in such measure if SEC. 328. DEFICIT-NEUTRAL RESERVE FUND FOR nity Self Determination Act of 2000 (Public Law such measure would not increase the deficit or STRUCTURAL UNEMPLOYMENT IN- 106–393) or makes changes to the Payments in SURANCE REFORMS. decrease the surplus for either time period pro- Lieu of Taxes Act of 1976 (Public Law 94–565) by The chairman of the House Committee on the vided in clause 10 of rule XXI of the Rules of the amounts provided in such measure if such Budget may revise the allocations, aggregates, the House of Representatives. measure would not increase the deficit or de- and other appropriate levels in this resolution crease the surplus for either time period pro- SEC. 324. DEFICIT-NEUTRAL RESERVE FUND FOR for any bill, joint resolution, amendment, or AMERICA’S VETERANS AND WOUND- vided in clause 10 of rule XXI of the Rules of ED SERVICEMEMBERS. conference report that makes structural reforms the House of Representatives. The chairman of the House Committee on the to make the unemployment insurance system re- SEC. 334. RESERVE FUND FOR THE SURFACE Budget may revise the allocations of a com- spond better to serious economic downturns by TRANSPORTATION REAUTHORIZA- mittee or committees, aggregates, and other ap- the amounts provided in such measure if such TION. propriate levels in this resolution for any bill, measure would not increase the deficit or de- The chairman of the House Committee on the joint resolution, amendment, or conference re- crease the surplus for either time period pro- Budget may revise the allocations, aggregates, port that would: vided in clause 10 of rule XXI of the Rules of and other appropriate levels in this resolution (1) expand the number of disabled military re- the House of Representatives. for any bill, joint resolution, amendment, or tirees who receive both disability compensation SEC. 329. DEFICIT-NEUTRAL RESERVE FUND FOR conference report that reauthorizes surface and retired pay (concurrent receipt); CHILD SUPPORT. transportation programs or that authorizes (2) accelerate the phase-in of concurrent re- The chairman of the House Committee on the other transportation-related spending by pro- ceipt; Budget may revise the allocations, aggregates, viding new contract authority by the amounts (3) reduce or eliminate the offset between Sur- and other appropriate levels in this resolution provided in such measure if such measure estab- vivor Benefit Plan annuities and Veterans’ De- for any bill, joint resolution, amendment, or lishes or maintains a solvent Highway Trust pendency and Indemnity Compensation; conference report that increases parental sup- Fund over the period of fiscal years 2009 (4) enhance or maintain the affordability of port for children, particularly from non-custo- through 2015. ‘‘Solvency’’ is defined as a posi- health care for military personnel, military re- dial parents, including legislation that results in tive cash balance. Such measure may include a tirees or veterans; a greater share of collected child support reach- transfer into the Highway Trust Fund from (5) improve disability benefits or evaluations ing the child, by the amounts provided in such other Federal funds, as long as the transfer of for wounded or disabled military personnel or measure if such measure would not increase the Federal funds is fully offset. veterans (including measures to expedite the deficit or decrease the surplus for either time pe- TITLE IV—BUDGET PROCESS claims process); riod provided in clause 10 of rule XXI of the (6) enhance servicemember education benefits Rules of the House of Representatives. Subtitle A—Senate Provisions for members of the National Guard and Reserve SEC. 330. DEFICIT-NEUTRAL RESERVE FUND FOR PART I—BUDGET ENFORCEMENT by ensuring those benefits keep pace with the THE AFFORDABLE HOUSING TRUST SEC. 401. DISCRETIONARY SPENDING LIMITS, national average cost of tuition; or FUND. PROGRAM INTEGRITY INITIATIVES, (7) expand veterans’ benefits (including for The chairman of the House Committee on the AND OTHER ADJUSTMENTS. veterans living in rural areas); Budget may revise the allocations, aggregates, (a) SENATE POINT OF ORDER.— by the amounts provided in such legislation for and other appropriate levels in this resolution (1) IN GENERAL.—Except as otherwise provided those purposes, provided that such legislation for any bill, joint resolution, amendment, or in this section, it shall not be in order in the

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Service for enhanced tax enforcement to address limits, budgetary aggregates, and allocations (2) SUPERMAJORITY WAIVER AND APPEALS.— the Federal tax gap, then the discretionary pursuant to section 302(a) of the Congressional (A) WAIVER.—This subsection may be waived spending limits, allocation to the Senate Com- Budget Act of 1974 by the aggregate difference or suspended in the Senate only by the affirma- mittee on Appropriations, and aggregates may for discretionary appropriations and related tive vote of three-fifths of the Members, duly be adjusted by the amounts provided in such outlays between the CBO re-estimate and the chosen and sworn. legislation for that purpose, but not to exceed President’s Budget. (B) APPEALS.—Appeals in the Senate from the $890,000,000 in budget authority and outlays (B) SUBALLOCATIONS.—Following any adjust- decisions of the Chair relating to any provision flowing therefrom for fiscal year 2010. ment under subparagraph (A), the Senate Com- of this subsection shall be limited to 1 hour, to (C) HEALTH CARE FRAUD AND ABUSE CON- mittee on Appropriations may report appro- be equally divided between, and controlled by, TROL.—If a bill or joint resolution is reported priately revised suballocations pursuant to sec- the appellant and the manager of the bill or making appropriations for fiscal year 2010 that tion 302(b) of the Congressional Budget Act of joint resolution. An affirmative vote of three- appropriates up to $311,000,000 to the Health 1974 to carry out this paragraph. fifths of the Members of the Senate, duly chosen Care Fraud and Abuse Control program at the (d) INAPPLICABILITY.—In the Senate, sub- and sworn, shall be required to sustain an ap- Department of Health and Human Services, sections (a), (b), (c), and (d) of section 312 of S. peal of the ruling of the Chair on a point of then the discretionary spending limits, alloca- Con. Res. 70 (110th Congress) shall no longer order raised under this subsection. tion to the Senate Committee on Appropriations, apply. (b) SENATE DISCRETIONARY SPENDING LIM- and aggregates may be adjusted by the amounts SEC. 402. POINT OF ORDER AGAINST ADVANCE ITS.—In the Senate and as used in this section, provided in such legislation for that purpose, APPROPRIATIONS. the term ‘‘discretionary spending limit’’ means— but not to exceed $311,000,000 in budget author- (a) IN GENERAL.— (1) for fiscal year 2009, $1,391,471,000,000 in ity and outlays flowing therefrom for fiscal year (1) POINT OF ORDER.—Except as provided in new budget authority and $1,220,843,000,000 in 2010. subsection (b), it shall not be in order in the outlays; and (D) UNEMPLOYMENT INSURANCE IMPROPER Senate to consider any bill, joint resolution, mo- (2) for fiscal year 2010, $1,082,250,000,000 in PAYMENT REVIEWS.—If a bill or joint resolution tion, amendment, or conference report that new budget authority and $1,269,471,000,000 in is reported making appropriations for fiscal year would provide an advance appropriation. outlays; 2010 that appropriates $10,000,000 for in-person (2) DEFINITION.—In this section, the term ‘‘ad- as adjusted in conformance with the adjustment reemployment and eligibility assessments and vance appropriation’’ means any new budget procedures in subsection (c). unemployment insurance improper payment re- authority provided in a bill or joint resolution (c) ADJUSTMENTS IN THE SENATE.— views, and provides an additional appropriation making appropriations for fiscal year 2010 that (1) IN GENERAL.—After the reporting of a bill of up to $50,000,000 for in-person reemployment first becomes available for any fiscal year after or joint resolution relating to any matter de- and eligibility assessments and unemployment 2010, or any new budget authority provided in a scribed in paragraph (2), or the offering of an insurance improper payment reviews, then the bill or joint resolution making general appro- amendment thereto or the submission of a con- discretionary spending limits, allocation to the priations or continuing appropriations for fiscal ference report thereon— Senate Committee on Appropriations, and aggre- year 2011, that first becomes available for any (A) the chairman of the Senate Committee on gates may be adjusted by the amounts provided fiscal year after 2011. the Budget may adjust the discretionary spend- in such legislation for that purpose, but not to (b) EXCEPTIONS.—Advance appropriations ing limits, budgetary aggregates, and allocations exceed $50,000,000 in budget authority and out- may be provided— pursuant to section 302(a) of the Congressional lays flowing therefrom for fiscal year 2010. (1) for fiscal years 2011 and 2012 for programs, Budget Act of 1974, by the amount of new budg- (3) LOW-INCOME HOME ENERGY ASSISTANCE projects, activities, or accounts identified in the et authority in that measure for that purpose PROGRAM (LIHEAP).—If a bill or joint resolution joint explanatory statement of managers accom- and the outlays flowing therefrom; and is reported making appropriations for fiscal year panying this resolution under the heading ‘‘Ac- (B) following any adjustment under subpara- 2010 that appropriates $3,200,000,000 in funding counts Identified for Advance Appropriations’’ graph (A), the Senate Committee on Appropria- for the Low-Income Home Energy Assistance in an aggregate amount not to exceed tions may report appropriately revised sub- Program and provides an additional appropria- $28,852,000,000 in new budget authority in each allocations pursuant to section 302(b) of the tion of up to $1,900,000,000 for that program, year; Congressional Budget Act of 1974 to carry out then the discretionary spending limits, alloca- (2) for the Corporation for Public Broad- this subsection. tion to the Senate Committee on Appropriations, casting; and (2) MATTERS DESCRIBED.—Matters referred to and aggregates may be adjusted by the amounts (3) for the Department of Veterans Affairs for in paragraph (1) are as follows: provided in such legislation for that purpose, the Medical Services, Medical Support and Com- (A) CONTINUING DISABILITY REVIEWS AND SSI but not to exceed $1,900,000,000 in budget au- pliance, and Medical Facilities accounts of the REDETERMINATIONS.— thority and outlays flowing therefrom for fiscal Veterans Health Administration. (i) IN GENERAL.—If a bill or joint resolution is year 2010. (c) SUPERMAJORITY WAIVER AND APPEAL.— reported making appropriations for fiscal year (4) ADJUSTMENTS TO SUPPORT ONGOING OVER- (1) WAIVER.—In the Senate, subsection (a) 2010 that appropriates $273,000,000 for con- SEAS DEPLOYMENTS AND OTHER ACTIVITIES.—The may be waived or suspended only by an affirma- tinuing disability reviews and Supplemental Se- chairman of the Senate Committee on the Budg- tive vote of three-fifths of the Members, duly curity Income redeterminations for the Social et may adjust the discretionary spending limits, chosen and sworn. Security Administration, and provides an addi- allocations to the Senate Committee on Appro- (2) APPEAL.—An affirmative vote of three- tional appropriation of up to $485,000,000 for priations, and aggregates for one or more— fifths of the Members of the Senate, duly chosen continuing disability reviews and Supplemental (A) bills reported by the Senate Committee on and sworn, shall be required to sustain an ap- Security Income redeterminations for the Social Appropriations or passed by the House of Rep- peal of the ruling of the Chair on a point of Security Administration, then the discretionary resentatives; order raised under subsection (a). spending limits, allocation to the Senate Com- (B) joint resolutions or amendments reported (d) FORM OF POINT OF ORDER.—A point of mittee on Appropriations, and aggregates may by the Senate Committee on Appropriations; order under subsection (a) may be raised by a be adjusted by the amounts provided in such (C) amendments between the Houses received Senator as provided in section 313(e) of the Con- legislation for that purpose, but not to exceed from the House of Representatives or Senate gressional Budget Act of 1974. $485,000,000 in budget authority and outlays amendments offered by the authority of the Sen- (e) CONFERENCE REPORTS.—When the Senate flowing therefrom for fiscal year 2010. ate Committee on Appropriations; or is considering a conference report on, or an (ii) ASSET VERIFICATION.—The additional ap- (D) conference reports; amendment between the Houses in relation to, a propriation of $485,000,000 may also provide that making appropriations for fiscal years 2009 and bill, upon a point of order being made by any a portion of that amount, not to exceed 2010 for overseas deployments and other activi- Senator pursuant to this section, and such point $34,000,000, instead may be used for asset ties by the amounts provided in such legislation of order being sustained, such material con- verification for Supplemental Security Income for those purposes (and so designated pursuant tained in such conference report shall be deemed recipients, but only if and to the extent that the to this paragraph), up to the amounts of budget stricken, and the Senate shall proceed to con- Office of the Chief Actuary estimates that the authority specified in section 104(21) for fiscal sider the question of whether the Senate shall initiative would be at least as cost effective as years 2009 and 2010 and the new outlays flowing recede from its amendment and concur with a the redeterminations of eligibility described in therefrom. further amendment, or concur in the House subparagraph (i). (5) REVISED APPROPRIATIONS FOR FISCAL YEAR amendment with a further amendment, as the (B) INTERNAL REVENUE SERVICE TAX ENFORCE- 2010.— case may be, which further amendment shall MENT.—If a bill or joint resolution is reported (A) IN GENERAL.—If after adoption of this res- consist of only that portion of the conference re- making appropriations for fiscal year 2010 that olution by the Congress, the President submits port or House amendment, as the case may be, appropriates $7,100,000,000 for the Internal Rev- his budget pursuant to section 1105(a) of title 31, not so stricken. Any such motion in the Senate

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shall be debatable. In any case in which such (4) FORM OF THE POINT OF ORDER.—A point of (e) SUNSET.—This section shall expire on Sep- point of order is sustained against a conference order under paragraph (1) may be raised by a tember 30, 2018. report (or Senate amendment derived from such Senator as provided in section 313(e) of the Con- (f) INAPPLICABILITY.—In the Senate, section conference report by operation of this sub- gressional Budget Act of 1974. 315 of S. Con. Res. 70 (110th Congress), the con- section), no further amendment shall be in (5) CONFERENCE REPORTS.—When the Senate current resolution in the budget for fiscal year order. is considering a conference report on, or an 2009, shall no longer apply. (f) INAPPLICABILITY.—In the Senate, section amendment between the Houses in relation to, a SEC. 405. POINT OF ORDER AGAINST CERTAIN 313 of S. Con. Res. 70 (110th Congress) shall no bill, upon a point of order being made by any LEGISLATION RELATED TO SURFACE longer apply. Senator pursuant to this section, and such point TRANSPORTATION FUNDING. SEC. 403. EMERGENCY LEGISLATION. of order being sustained, such material con- (a) POINT OF ORDER.—It shall not be in order (a) AUTHORITY TO DESIGNATE.—In the Senate, tained in such conference report shall be deemed in the Senate to consider any bill, joint resolu- with respect to a provision of direct spending or stricken, and the Senate shall proceed to con- tion, amendment, motion, or conference report receipts legislation or appropriations for discre- sider the question of whether the Senate shall that extends the authority or reauthorizes sur- tionary accounts that Congress designates as an recede from its amendment and concur with a face transportation programs that appropriates budget authority from sources other than the emergency requirement in such measure, the further amendment, or concur in the House Highway Trust Fund, including the Mass Tran- amounts of new budget authority, outlays, and amendment with a further amendment, as the sit Account of such fund. receipts in all fiscal years resulting from that case may be, which further amendment shall (b) SUPERMAJORITY WAIVER AND APPEALS IN provision shall be treated as an emergency re- consist of only that portion of the conference re- THE SENATE.— quirement for the purpose of this section. port or House amendment, as the case may be, (1) WAIVER.—This section may be waived or (b) EXEMPTION OF EMERGENCY PROVISIONS.— not so stricken. Any such motion in the Senate suspended only by an affirmative vote of three- Any new budget authority, outlays, and receipts shall be debatable. In any case in which such fifths of the Members, duly chosen and sworn. resulting from any provision designated as an point of order is sustained against a conference (2) APPEALS.—An affirmative vote of three- emergency requirement, pursuant to this sec- report (or Senate amendment derived from such fifths of the Members of the Senate, duly chosen tion, in any bill, joint resolution, amendment, or conference report by operation of this sub- and sworn, shall be required to sustain an ap- conference report shall not count for purposes of section), no further amendment shall be in peal of the ruling of the Chair on a point of sections 302 and 311 of the Congressional Budget order. order raised under this section. Act of 1974, section 201 of S. Con. Res. 21 (110th (f) CRITERIA.— (c) SUNSET.—This section shall expire on Sep- Congress) (relating to pay-as-you-go), section (1) IN GENERAL.—For purposes of this section, tember 30, 2018. 311 of S. Con. Res. 70 (110th Congress) (relating any provision is an emergency requirement if PART II—OTHER PROVISIONS to long-term deficits), and sections 401 and 404 the situation addressed by such provision is— of this resolution (relating to discretionary SEC. 411. OVERSIGHT OF GOVERNMENT PER- (A) necessary, essential, or vital (not merely FORMANCE. spending and short-term deficits). Designated useful or beneficial); In the Senate, all committees are directed to emergency provisions shall not count for the (B) sudden, quickly coming into being, and review programs within their jurisdiction to root purpose of revising allocations, aggregates, or not building up over time; out waste, fraud, and abuse in program spend- other levels pursuant to procedures established (C) an urgent, pressing, and compelling need ing, giving particular scrutiny to issues raised under section 301(b)(7) of the Congressional requiring immediate action; by Government Accountability Office reports. Budget Act of 1974 for deficit-neutral reserve (D) subject to paragraph (2), unforeseen, un- Based on these oversight efforts and committee funds and revising discretionary spending limits predictable, and unanticipated; and performance reviews of programs within their set pursuant to section 301 of this resolution. (E) not permanent, temporary in nature. jurisdiction, committees are directed to include (c) DESIGNATIONS.—If a provision of legisla- (2) UNFORESEEN.—An emergency that is part recommendations for improved governmental tion is designated as an emergency requirement of an aggregate level of anticipated emergencies, performance in their annual views and estimates under this section, the committee report and any particularly when normally estimated in ad- reports required under section 301(d) of the Con- statement of managers accompanying that legis- vance, is not unforeseen. gressional Budget Act of 1974 to the Senate lation shall include an explanation of the man- (g) INAPPLICABILITY.—In the Senate, section Committee on the Budget. ner in which the provision meets the criteria in 204(a) of S. Con. Res. 21 (110th Congress), the SEC. 412. BUDGETARY TREATMENT OF CERTAIN subsection (f). concurrent resolution on the budget for fiscal DISCRETIONARY ADMINISTRATIVE (d) DEFINITIONS.—In this section, the terms year 2008, shall no longer apply. EXPENSES. ‘‘direct spending’’, ‘‘receipts’’, and ‘‘appropria- In the Senate, notwithstanding section tions for discretionary accounts’’ mean any pro- SEC. 404. POINT OF ORDER AGAINST LEGISLA- TION INCREASING SHORT-TERM 302(a)(1) of the Congressional Budget Act of vision of a bill, joint resolution, amendment, mo- DEFICIT. 1974, section 13301 of the Budget Enforcement tion, or conference report that affects direct (a) POINT OF ORDER.—It shall not be in order Act of 1990, and section 2009a of title 39, United spending, receipts, or appropriations as those in the Senate to consider any bill, joint resolu- States Code, the joint explanatory statement ac- terms have been defined and interpreted for pur- tion, amendment, motion, or conference report companying the conference report on any con- poses of the Balanced Budget and Emergency (except measures within the jurisdiction of the current resolution on the budget shall include in Deficit Control Act of 1985. Committee on Appropriations) that would cause its allocations under section 302(a) of the Con- (e) POINT OF ORDER.— a net increase in the deficit in excess of gressional Budget Act of 1974 to the Senate (1) IN GENERAL.—When the Senate is consid- Committee on Appropriation amounts for the ering a bill, resolution, amendment, motion, or $10,000,000,000 in any fiscal year provided for in the most recently adopted concurrent resolution discretionary administrative expenses of the So- conference report, if a point of order is made by cial Security Administration and of the Postal a Senator against an emergency designation in on the budget unless it is fully offset over the period of all fiscal years provided for in the most Service. that measure, that provision making such a des- SEC. 413. APPLICATION AND EFFECT OF CHANGES ignation shall be stricken from the measure and recently adopted concurrent resolution on the budget. IN ALLOCATIONS AND AGGREGATES. may not be offered as an amendment from the (a) APPLICATION.—In the Senate, any adjust- (b) SUPERMAJORITY WAIVER AND APPEAL IN floor. ments of allocations and aggregates made pur- THE SENATE.— (2) SUPERMAJORITY WAIVER AND APPEALS.— suant to this resolution shall— (1) WAIVER.—This section may be waived or (A) WAIVER.—Paragraph (1) may be waived or (1) apply while that measure is under consid- suspended only by the affirmative vote of three- suspended in the Senate only by an affirmative eration; vote of three-fifths of the Members, duly chosen fifths of the Members, duly chosen and sworn. (2) take effect upon the enactment of that and sworn. (2) APPEAL.—An affirmative vote of three- measure; and (B) APPEALS.—Appeals in the Senate from the fifths of the Members, duly chosen and sworn, (3) be published in the Congressional Record decisions of the Chair relating to any provision shall be required to sustain an appeal of the rul- as soon as practicable. of this subsection shall be limited to 1 hour, to ing of the Chair on a point of order raised under (b) EFFECT OF CHANGED ALLOCATIONS AND AG- be equally divided between, and controlled by, this section. GREGATES.—Revised allocations and aggregates the appellant and the manager of the bill or (c) LIMITATION.—The provisions of this sec- resulting from these adjustments shall be consid- joint resolution, as the case may be. An affirma- tion shall not apply to any bills, joint resolu- ered for the purposes of the Congressional tive vote of three-fifths of the Members of the tions, amendments, motions, or conference re- Budget Act of 1974 as allocations and aggregates Senate, duly chosen and sworn, shall be re- ports for which the chairman of the Senate contained in this resolution. quired to sustain an appeal of the ruling of the Committee on the Budget has made adjustments (c) BUDGET COMMITTEE DETERMINATIONS.— Chair on a point of order raised under this sub- to the allocations, levels or limits contained in For purposes of this resolution the levels of new section. this resolution pursuant to Section 301(a) of this budget authority, outlays, direct spending, new (3) DEFINITION OF AN EMERGENCY DESIGNA- resolution. entitlement authority, revenues, deficits, and TION.—For purposes of paragraph (1), a provi- (d) DETERMINATIONS OF BUDGET LEVELS.—For surpluses for a fiscal year or period of fiscal sion shall be considered an emergency designa- purposes of this section, the levels shall be de- years shall be determined on the basis of esti- tion if it designates any item as an emergency termined on the basis of estimates provided by mates made by the Senate Committee on the requirement pursuant to this subsection. the Senate Committee on the Budget. Budget.

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(d) ADJUSTMENTS.—The chairman of the Sen- (ii) marriage penalty relief; (2) INTERNAL REVENUE SERVICE TAX COMPLI- ate Committee on the Budget may adjust the ag- (iii) the child credit at $1,000 and partial ANCE.—In the House, prior to consideration of gregates, allocations, and other levels and limits refundability of the credit; any bill, joint resolution, amendment, or con- in this resolution for legislation which has re- (iv) education incentives; ference report making appropriations for fiscal ceived final Congressional approval in the same (v) other incentives for middle class families year 2010 that appropriates $4,904,000,000 to the form by the House of Representatives and the and children; Internal Revenue Service for Enforcement and Senate, but has yet to be presented to or signed (vi) other reductions to individual income tax provides an additional appropriation of up to by the President at the time of final consider- brackets; and $600,000,000 for Enforcement to address the Fed- ation of this resolution. (vii) small business tax relief. eral tax gap, and provides that such sums as SEC. 414. ADJUSTMENTS TO REFLECT CHANGES (C) REFORM OF THE ALTERNATIVE MINIMUM may be necessary shall be available from the IN CONCEPTS AND DEFINITIONS. TAX.—A decrease in revenues of an amount not Operations Support account in the Internal Upon the enactment of a bill or joint resolu- to exceed $214,433,000,000 in fiscal years 2010 Revenue Service to fully support these Enforce- tion providing for a change in concepts or defi- through 2014 and fiscal years 2010 through 2019 ment activities, the allocation to the House Com- nitions, the chairman of the Senate Committee resulting from reform of the AMT so that tens of mittee on Appropriations shall be increased by on the Budget may make adjustments to the lev- millions of working families will not become sub- the amount of the additional budget authority els and allocations in this resolution in accord- ject to it. and outlays resulting from that budget author- ance with section 251(b) of the Balanced Budget (D) REFORM OF THE ESTATE AND GIFT TAX.—A ity for fiscal year 2010. and Emergency Deficit Control Act of 1985 (as in decrease in revenues of an amount not to exceed (3) HEALTH CARE FRAUD AND ABUSE CONTROL effect prior to September 30, 2002). $72,033,000,000 in fiscal years 2010 through 2014 PROGRAM.—In the House, prior to consideration of any bill, joint resolution, amendment, or con- SEC. 415. EXERCISE OF RULEMAKING POWERS. and of an amount not to exceed $256,244,000,000 ference report making appropriations for fiscal The Senate adopts the provisions of this sub- in fiscal years 2010 through 2019 resulting from year 2010 that appropriates up to $311,000,000, title— reform of the Estate and Gift Tax so that only and the amount is designated to the health care (1) as an exercise of the rulemaking power of a minute fraction of estates owe tax, by extend- fraud and abuse control program at the Depart- the Senate, and as such they shall be considered ing the law as in effect for 2009 for the Estate ment of Health and Human Services, the alloca- as part of the rules of the Senate and such rules and Gift Tax. tion to the House Committee on Appropriations shall supersede other rules only to the extent (3) CONDITION.—Subsection (a) shall apply shall be increased by the amount of additional that they are inconsistent with such other rules; only if the House of Representatives has pre- budget authority and outlays resulting from and viously passed a bill to impose statutory pay-as- that budget authority for fiscal year 2010. (2) with full recognition of the constitutional you-go requirements or the measure containing NEMPLOYMENT INSURANCE PROGRAM IN- the provision being evaluated by the chairman (4) U right of the Senate to change those rules at any TEGRITY ACTIVITIES.—In the House, prior to con- of the House Committee on the Budget imposes time, in the same manner, and to the same ex- sideration of any bill, joint resolution, amend- such requirements and such bill is designated as tent as is the case of any other rule of the Sen- ment, or conference report making appropria- providing statutory pay-as-you-go-requirements ate. tions for fiscal year 2010 that appropriates under this subsection. Subtitle B—House Enforcement Provisions $10,000,000 for in-person reemployment and eli- (4) REVISIONS.—The chairman of the House gibility assessments and unemployment insur- SEC. 421. ADJUSTMENTS FOR DIRECT SPENDING Committee on the Budget may revise or adjust AND REVENUES. ance improper payment reviews for the Depart- the allocations, aggregates, and other appro- (a) ADJUSTMENTS FOR CURRENT POLICY.— ment of Labor and provides an additional ap- priate levels in this resolution to reflect current (1) IN GENERAL.—For the policies set forth in propriation of up to $50,000,000, and the amount policy adjustments made pursuant to this sec- and not to exceed the amounts in paragraph (2), is designated for in-person reemployment and tion. and subject to the condition specified in para- eligibility assessments and unemployment insur- (b) DEPOSIT INSURANCE.—When the chairman graph (3), when the chairman of the House ance improper payment reviews for the Depart- of the House Committee on the Budget evaluates Committee on the Budget evaluates the budg- ment of Labor, the allocation to the House Com- the budgetary effects of a provision of a bill, etary effects of any provision in a bill, joint res- mittee on Appropriations shall be increased by joint resolution, amendment, or conference re- olution, amendment, or conference report for the the amount of additional budget authority and port for the purposes of the Congressional purposes of the Congressional Budget Act of outlays resulting from that budget authority for Budget Act of 1974, this resolution, or the Rules 1974, this concurrent resolution, or the Rules of fiscal year 2010. of the House of Representatives, the chairman the House of Representatives relative to baseline (5) PROCEDURE FOR ADJUSTMENTS.—Prior to shall exclude the budgetary effects of any provi- estimates consistent with section 257 of the Bal- consideration of any bill, joint resolution, sion that affects the full funding of the deposit anced Budget and Emergency Deficit Control amendment, or conference report, the chairman insurance guarantee commitment in effect on Act of 1985, he may exclude from his evaluation of the House Committee on the Budget shall the date of enactment of Public Law 110–343, the the budgetary effects of such provisions if such make the adjustments set forth in this sub- Emergency Economic Stabilization Act of 2008. effects would have been reflected in a baseline section for the incremental new budget author- adjusted for current policy. SEC. 422. ADJUSTMENTS TO DISCRETIONARY ity in that measure and the outlays resulting SPENDING LIMITS. (2) POLICIES AND AMOUNTS.—Paragraph (1) from that budget authority if that measure shall apply only to the following provisions: (a) PROGRAM INTEGRITY INITIATIVES.— meets the requirements set forth in this sub- (A) MEDICARE IMPROVEMENTS.—An increase (1) SOCIAL SECURITY ADMINISTRATION PRO- section. in the deficit of not to exceed $38,000,000,000 in GRAM INTEGRITY INITIATIVES.— (b) LOW-INCOME HOME ENERGY ASSISTANCE fiscal years 2010 through 2014 and of not to ex- (A) IN GENERAL.—In the House, prior to con- PROGRAM (LIHEAP).—In the House, prior to ceed $38,000,000,000 in fiscal years 2010 through sideration of any bill, joint resolution, amend- consideration of any bill, joint resolution, 2019 by reforming the Medicare payment system ment, or conference report making appropria- amendment, or conference report making appro- for physicians to— tions for fiscal year 2010 that appropriates priations for fiscal year 2010 that appropriates (i) change incentives to encourage efficiency $273,000,000 for continuing disability reviews $3,200,000,000 in funding for the Low-Income and higher quality care in a way that supports and Supplemental Security Income redetermina- Home Energy Assistance Program and provides fiscal sustainability; tions for the Social Security Administration and additional appropriations of up to $1,900,000,000 (ii) improve payment accuracy to encourage (except as provided in subparagraph (B)) pro- for that program, if a mandatory trigger for efficient use of resources and ensure that pri- vides an additional appropriation of up to LIHEAP is not enacted, the chairman of the mary care receives appropriate compensation; $485,000,000, and that amount is designated for House Committee on the Budget may allocate (iii) improve coordination of care among all continuing disability reviews and Supplemental such additional budget authority and outlays providers serving a patient in all appropriate Security Income redeterminations for the Social resulting from that budget authority to the settings; or Security Administration, the allocation to the House Committee on Appropriations. (iv) hold providers accountable for their utili- House Committee on Appropriations shall be in- (c) REVISED APPROPRIATIONS FOR FISCAL zation patterns and quality of care. creased by the amount of the additional budget YEAR 2010.— (B) MIDDLE CLASS TAX RELIEF.—A decrease in authority and outlays resulting from that budg- (1) IN GENERAL.—If after adoption of this reso- revenues (or increase in outlays, as appropriate) et authority for fiscal year 2010. lution by the Congress, the President submits of an amount not to exceed $512,165,000,000 in (B) ASSET VERIFICATION.—The additional ap- his budget pursuant to section 1105(a) of title 31, fiscal years 2010 through 2014 and of an amount propriation of $485,000,000 may also provide that United States Code, and the Congressional not to exceed $1,294,476,000,000 in fiscal years a portion of that amount, not to exceed Budget Office (CBO) re-estimates the budget, 2010 through 2019, resulting from extending cer- $34,000,000, instead may be used for asset the chairman of the House Committee on the tain provisions of the Economic Growth and Tax verification for Supplemental Security Income Budget may adjust the discretionary spending Relief Reconciliation Act of 2001 and the Jobs recipients, but only if and to the extent that the limits, budgetary aggregates, and the allocation and Growth Tax Relief Reconciliation Act of Office of the Chief Actuary estimates that the to the House Committee on Appropriations by 2003 for middle class tax relief, including— initiative would be at least as cost effective as the aggregate difference for discretionary appro- (i) the 10 percent individual income tax brack- the redeterminations of eligibility described in priations and related outlays between the CBO et; subparagraph (A). re-estimate and the President’s Budget.

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(2) SUBALLOCATIONS.—Following any adjust- directed to make recommendations to reduce and to the same extent as in the case of any ment under subparagraph (A), the House Com- wasteful Federal spending to promote deficit re- other rule of the House of Representatives. mittee on Appropriations may report appro- duction and long-term fiscal responsibility. Such TITLE V—POLICY priately revised suballocations pursuant to sec- recommendations should be submitted to the SEC. 501. POLICY ON MIDDLE-CLASS TAX RELIEF tion 302(b) of the Congressional Budget Act of House Committee on the Budget in the views AND REVENUES. 1974 to carry out this paragraph. and estimates reports prepared by committees as It is the policy of this resolution to minimize SEC. 423. COSTS OF OVERSEAS DEPLOYMENTS required under 301(d) of the Congressional fiscal burdens on working families and their AND EMERGENCY NEEDS. Budget Act of 1974. children and grandchildren. It is the policy of (a) OVERSEAS DEPLOYMENTS AND OTHER AC- SEC. 426. BUDGETARY TREATMENT OF CERTAIN this resolution to extend the following tax relief TIVITIES.— DISCRETIONARY ADMINISTRATIVE consistent with current policy— (1) In the House, if any bill, joint resolution, EXPENSES. (1) relief for the tens of millions of middle-in- amendment, or conference report makes appro- (a) IN GENERAL.—In the House, notwith- come households who would otherwise be sub- priations for fiscal year 2009 or fiscal year 2010 standing section 302(a)(1) of the Congressional ject to the Alternative Minimum Tax (AMT) for overseas deployments and other activities Budget Act of 1974, section 13301 of the Budget under current law; and such amounts are so designated pursuant to Enforcement Act of 1990, and section 4001 of the (2) middle-class tax relief; and this paragraph, then the allocation to the House Omnibus Budget Reconciliation Act of 1989, the (3) elimination of estate taxes on all but a Committee on Appropriations may be adjusted joint explanatory statement accompanying the minute fraction of estates. by the amounts provided in such legislation for conference report on any concurrent resolution In total, this resolution supports the extension that purpose up to the amounts of budget au- on the budget shall include in its allocation of over $1,750,000,000,000 in tax relief to individ- thority specified in section 104(21) for fiscal year under section 302(a) of the Congressional Budg- uals and families relative to current law. This 2009 or fiscal year 2010 and the new outlays re- et Act of 1974 to the House Committee on Appro- resolution supports additional, deficit-neutral sulting therefrom. priations amounts for the discretionary adminis- tax relief, including the extension of AMT relief, (2) In the House, if any bill, joint resolution, trative expenses of the Social Security Adminis- expanding the eligibility for the refundable amendment, or conference report makes appro- tration and of the Postal Service. child credit, the research and experimentation priations for fiscal year 2009 or fiscal year 2010 (b) SPECIAL RULE.—For purposes of applying tax credit, the deduction for State and local for overseas deployments and other activities section 302(f) of the Congressional Budget Act of sales taxes, the enactment of a tax credit for above the amounts of budget authority and new 1974, estimates of the level of total new budget school construction bonds, and other tax relief outlays specified in paragraph (1) and such authority and total outlays provided by a meas- for working families. The cost of enacting such amounts are so designated pursuant to this ure shall include any off-budget discretionary policies may be offset by reforms within the In- paragraph, then new budget authority, outlays, amounts. ternal Revenue Code of 1986 that produce higher or receipts resulting therefrom shall not count SEC. 427. APPLICATION AND EFFECT OF CHANGES rates of tax compliance to close the ‘‘tax gap’’ for the purposes of the Congressional Budget IN ALLOCATIONS AND AGGREGATES. and reduce taxpayer burdens through tax sim- Act of 1974 or this resolution. (a) APPLICATION.—In the House, any adjust- plification. The President’s budget proposes a (b) EMERGENCY NEEDS.—If any bill, joint reso- ments of allocations and aggregates made pur- variety of other revenue offsets. Unless expressly lution, amendment, or conference report makes suant to this resolution shall— provided, this resolution does not assume any of appropriations for discretionary amounts and (1) apply while that measure is under consid- the specific revenue offset proposals provided for such amounts are designated as necessary to eration; in the President’s budget. Decisions about spe- meet emergency needs pursuant to this sub- (2) take effect upon the enactment of that cific revenue offsets are made by the House section, then new budget authority and outlays measure; and Committee on Ways and Means and the Senate resulting therefrom shall not count for the pur- (3) be published in the Congressional Record Committee on Finance, which are the tax-writ- poses of the Congressional Budget Act of 1974 or as soon as practicable. ing committees. (b) EFFECT OF CHANGED ALLOCATIONS AND AG- this resolution. SEC. 502. POLICY ON DEFENSE PRIORITIES. GREGATES.—Revised allocations and aggregates SEC. 424. POINT OF ORDER AGAINST ADVANCE It is the policy of this resolution that— APPROPRIATIONS. resulting from these adjustments shall be consid- (1) there is no higher priority than the defense (a) IN GENERAL.—In the House, except as pro- ered for the purposes of the Congressional of our Nation, and therefore the Administration vided in subsection (b), any bill, joint resolu- Budget Act of 1974 as allocations and aggregates and Congress will make the necessary invest- tion, amendment, or conference report making a included in this resolution. ments and reforms to strengthen our military so (c) BUDGET COMMITTEE DETERMINATIONS.— general appropriation or continuing appropria- that it can successfully meet the threats of the For purposes of this resolution, the levels of new tion may not provide for advance appropria- 21st century; tions. budget authority, outlays, direct spending, new (2) acquisition reform is needed at the Depart- (b) EXCEPTIONS.—Advance appropriations entitlement authority, revenues, deficits, and ment of Defense to end excessive cost growth in may be provided— surpluses for a fiscal year or period of fiscal the development of new weapons systems and to (1) for fiscal year 2011 for programs, projects, years shall be determined on the basis of esti- ensure that weapons systems are delivered on activities, or accounts identified in the joint ex- mates made by the House Committee on the time and in adequate quantities to equip our planatory statement of managers to accompany Budget. servicemen and servicewomen; this resolution under the heading ‘‘Accounts (d) ADJUSTMENTS.—The chairman of the (3) the Department of Defense should review Identified for Advance Appropriations’’ in an House Committee on the Budget may adjust the defense plans to ensure that weapons developed aggregate amount not to exceed $28,852,000,000 aggregates, allocations, and other levels in this to counter Cold War-era threats are not redun- in new budget authority, and for 2012, accounts resolution for legislation which has received dant and are applicable to 21st century threats; separately identified under the same heading; final Congressional approval in the same form (4) sufficient resources should be provided for and by the House of Representatives and the Senate, the Department of Defense to aggressively ad- (2) for the Department of Veterans Affairs for but has yet to be presented to or signed by the dress the 758 unimplemented recommendations the Medical Services, Medical Support and Com- President at the time of final consideration of made by the Government Accountability Office pliance, and Medical Facilities accounts of the this resolution. (GAO) since 2001 to improve practices at the De- Veterans Health Administration. SEC. 428. ADJUSTMENTS TO REFLECT CHANGES partment of Defense, which could save billions (c) DEFINITION.—In this section, the term ‘‘ad- IN CONCEPTS AND DEFINITIONS. of dollars that could be applied to priorities vance appropriation’’ means any new discre- Upon the enactment of any bill or joint reso- identified in this section; tionary budget authority provided in a bill or lution providing for a change in budgetary con- (5) the Department of Defense should review joint resolution making general appropriations cepts or definitions, the chairman of the House the role that contractors play in its operations, or any new discretionary budget authority pro- Committee on the Budget shall adjust any ap- including the degree to which contractors are vided in a bill or joint resolution making con- propriate levels and allocations in this resolu- performing inherently governmental functions, tinuing appropriations for fiscal year 2010 that tion accordingly. to ensure it has the most effective mix of govern- first becomes available for any fiscal year after SEC. 429. EXERCISE OF RULEMAKING POWERS. ment and contracted personnel; 2010. The House adopts the provisions of this sub- (6) the Department of Defense report to Con- SEC. 425. OVERSIGHT OF GOVERNMENT PER- title— gress on its assessment of Cold War-era weap- FORMANCE. (1) as an exercise of the rulemaking power of onry, its progress on implementing GAO rec- In the House, all committees are directed to the House of Representatives and as such they ommendations, and its review of contractors at conduct rigorous oversight hearings to root out shall be considered as part of the rules of the the Department as outlined in paragraphs (3), waste, fraud, and abuse in all aspects of Fed- House, and these rules shall supersede other (4), and (5) by a date to be determined by the eral spending and Government operations, giv- rules only to the extent that they are incon- appropriate committees; ing particular scrutiny to issues raised by the sistent with other such rules; and (7) the GAO provide a report to the appro- Federal Office of the Inspector General or the (2) with full recognition of the constitutional priate congressional committees by December 31, Comptroller General of the United States. Based right of the House of Representatives to change 2009, on the Department of Defense’s progress in upon these oversight efforts, the committees are those rules at any time, in the same manner, implementing its audit recommendations;

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SENSE OF THE CONGRESS ON GREAT (9) cooperative threat reduction and other ities, including— LAKES RESTORATION. nonproliferation programs (securing ‘‘loose (1) safeguarding the Nation’s transportation It is the sense of the Congress that this resolu- nukes’’ and other materials used in weapons of systems, including rail, mass transit, ports, and tion recognizes the need to address significant mass destruction), which were highlighted as airports; and long-standing problems affecting the major high priorities by the 9/11 Commission, need to (2) continuing with efforts to identify and to large scale aquatic, estuarine, and coastal eco- be funded at a level that is commensurate with screen for threats bound for the United States; systems nationwide. This resolution includes the evolving threat; (3) strengthening border security; funding for a new interagency initiative to ad- (10) readiness of our troops, particularly the (4) enhancing emergency preparedness and dress such regional ecosystems. It also includes National Guard and Reserves, is a high priority, training and equipping first responders; funding to work with Great Lakes States, tribes, and that continued emphasis is needed to ensure (5) helping to make critical infrastructure local communities, and organizations to more ef- adequate equipment and training; more secure and resilient against the threat of fectively address issues prioritized in the Great (11) improving military health care services terrorism and natural disasters; Lakes Regional Collaborative. This initiative (6) making the Nation’s cyber infrastructure and ensuring quality health care for returning could address issues such as invasive species, resistive to attack; and combat veterans is a high priority; habitat restoration and conservation, non-point (7) increasing the preparedness of the public (12) military pay and benefits should be en- source pollution, and contaminated sediment. health system. hanced to improve the quality of life for military The resolution also supports the President’s pro- personnel and their families; SEC. 603. SENSE OF THE CONGRESS ON PRO- posal to use outcome-oriented performance goals (13) the Department of Defense should make MOTING AMERICAN INNOVATION AND ECONOMIC COMPETITIVENESS. and measures to target the most significant every effort to investigate the national security problems and track progress in addressing these benefits of energy independence, including those It is the sense of the Congress that— (1) the Congress should provide sufficient in- ecosystems. that may be associated with alternative energy vestments to enable our Nation to continue to be SEC. 607. SENSE OF THE CONGRESS REGARDING sources and energy efficiency conversions; THE IMPORTANCE OF CHILD SUP- (14) the Administration’s budget requests the world leader in education, innovation, and economic growth as envisioned in the goals of PORT ENFORCEMENT. should continue to comply with section 1008, It is the sense of the Congress that— Public Law 109–364, the John Warner National the America COMPETES Act; (2) this resolution builds on significant fund- (1) additional legislative action is needed to Defense Authorization Act for Fiscal Year 2007, ing provided in the American Recovery and Re- ensure that States have the necessary resources and that to the extent practicable overseas mili- investment Act for scientific research and edu- to collect all child support that is owed to fami- tary operations should no longer be funded cation in Function 250 (General Science, Space lies and to allow them to pass 100 percent of through emergency supplemental appropria- and Technology), Function 270 (Energy), Func- support on to families without financial pen- tions; and tion 300 (Natural Resources and Environment), alty; and (15) when assessing security threats and re- Function 500 (Education, Training, Employ- (2) when 100 percent of child support pay- viewing the programs and funding needed to ment, and Social Services), and Function 550 ments are passed to the child, rather than ad- counter these threats, the Administration should (Health); ministrative expenses, program integrity is im- do so in a comprehensive manner that includes (3) the Congress also should pursue policies proved and child support participation in- all agencies involved in our national security. designed to ensure that American students, creases. TITLE VI—SENSE OF THE CONGRESS teachers, businesses, and workers are prepared And the House agree to the same. SEC. 601. SENSE OF THE CONGRESS ON VET- to continue leading the world in innovation, re- JOHN M. SPRATT, Jr., ERANS’ AND SERVICEMEMBERS’ search, and technology well into the future; and ROSA L. DELAURO, HEALTH CARE. (4) this resolution recognizes the importance ALLEN BOYD, It is the sense of the Congress that— of the extension of investments and tax policies Managers on the Part of the House. (1) the Congress supports excellent health care that promote research and development and en- KENT CONRAD, for current and former members of the United courage innovation and future technologies that PATTY MURRAY, States Armed Services—they have served well will ensure American economic competitiveness. Managers on the Part of the Senate. and honorably and have made significant sac- SEC. 604. SENSE OF THE CONGRESS REGARDING JOINT EXPLANATORY STATEMENT OF THE rifices for this Nation; PAY PARITY. COMMITTEE OF CONFERENCE (2) the President’s budget will improve health It is the sense of the Congress that rates of care for veterans by increasing appropriations compensation for civilian employees of the The managers on the part of the House and for VA by 10 percent more than the 2009 level, United States should be adjusted at the same the Senate at the conference on the dis- increasing VA’s appropriated resources for every time, and in the same proportion, as are rates of agreeing votes of the two Houses on the year after 2010, and restoring health care eligi- compensation for members of the uniformed amendment of the House to the concurrent bility to additional nondisabled veterans with services. resolution (S. Con. Res. 13), setting forth the modest incomes; SEC. 605. SENSE OF THE CONGRESS ON COLLEGE congressional budget for the United States (3) VA is not and should not be authorized to AFFORDABILITY AND STUDENT Government for fiscal year 2010, revising the bill private insurance companies for treatment LOAN REFORM. appropriate budgetary levels for fiscal year of health conditions that are related to veterans’ It is the Sense of the Congress that— 2009, and setting forth the appropriate budg- military service; (1) nothing in the resolution should be con- etary levels for fiscal years 2011 through 2014, (4) VA may find it difficult to realize the level strued to reduce any assistance that makes col- submit the following joint statement to the of increase in medical care collections estimated lege more affordable and accessible for students, House and the Senate in explanation of the in the President’s budget for 2010 using existing including but not limited to student aid pro- effect of the action agreed upon by the man- authorities, and increases to veterans bene- grams and services provided by nonprofit State agers and recommended in the accom- ficiary travel reimbursement are important; agencies and private lenders; panying conference report: therefore, this resolution provides $673,000,000 (2) private and non-profit lenders, originators, The House amendment struck all of the more for Function 700 (Veterans Benefits and and loan servicers help students plan for, apply Senate concurrent resolution after the re- Services) than the President’s budget to safe- to, and pay for post-secondary education and solving clause and inserted the House-passed guard the provision of health care to veterans; training; concurrent resolution on the budget (H. Con. (5) it is important to continue providing suffi- (3) any reform of the federal student loan pro- Res. 85) as a substitute text. cient and timely funding for veterans’ and grams to ensure that students have reliable and The Senate recedes from its disagreement servicemembers’ health care; and efficient access to federal loans should include to the amendment of the House with an (6) this resolution provides additional funding some future role for the currently involved pri- amendment that is a substitute for the Sen- above the 2009 levels for VA to research and vate and non-profit entities, including state ate concurrent resolution and the House treat mental health, post-traumatic stress dis- non-profits with 100% FFEL lending in the amendment. The differences between the order, and traumatic brain injury. State, and capitalize on the current infrastruc- Senate concurrent resolution, the House SEC. 602. SENSE OF THE CONGRESS ON HOME- ture provided by private and non-profit entities, amendment, and the substitute agreed to in LAND SECURITY. in order both to provide employment to many conference are noted below, except for cler- It is the sense of the Congress that because Americans during this time of economic distress ical corrections, conforming changes made making the country safer and more secure is and to maintain valuable services that make necessary by agreements reached by the con- such a critical priority, the resolution therefore post-secondary education more accessible and ferees, and minor drafting and clarifying provides robust resources in the four budget attainable for many Americans; and changes.

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VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00073 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.001 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD Insert offset folio 68 here EH27AP09.020 10766 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 27, 2009 REVENUES cluding refundable tax relief and the exten- lies—including extension of the child tax Summary sion of expired and expiring tax relief, as credit, the 10–percent bracket, and marriage long as the costs of these provisions are off- penalty relief—and provides for estate tax The revenue component of the budget reso- set. One reserve fund would provide for com- reform. In addition, the agreement assumes lution reflects all of the federal govern- prehensive tax reform that would ensure a the extension of other 2001 and 2003 tax ment’s tax receipts that are classified as sustainable revenue base in a tax system changes for middle-income taxpayers, in- ‘‘on-budget.’’ This includes individual in- that promotes simplicity, fairness, and com- cluding the 25 percent and 28 percent brack- come taxes; corporate income taxes; excise petitiveness. Additional reserve funds ad- ets and the preferential rates for investment taxes, such as the gasoline tax; and other dress specific tax issues, such as extending income. Further, the agreement includes taxes, such as estate and gift taxes. Taxes the deduction for state and local sales taxes several deficit-neutral reserve funds that ac- collected for the Social Security system— and the incentives for promoting charitable commodate a range of additional tax reform the Old Age and Survivors and Disability In- donations from individual retirement ac- and tax relief proposals, such as expanding surance (OASDI) payroll tax—are ‘‘off-budg- count funds, enhancing the employer-pro- eligibility for the refundable child credit, et.’’ The Hospital Insurance payroll tax por- vided child care credit and the dependent among the most effective tax relief vehicles tion of Medicare, the Federal Unemployment care tax credit, among other things. for working families with children. Tax Act payroll tax, railroad retirement and Finally, the Senate resolution assumes en- The revenue level in the conference agree- other retirement systems are all ‘‘on-budg- actment of loophole closers and other rev- ment is $764 billion below the levels under et.’’ Customs duties, tariffs, and other mis- enue-raising provisions consistent with lev- current law over 2009–2014. Revenue legisla- cellaneous receipts are also included in the els in the President’s budget. The resolution tion is subject to House and Senate pay-as- revenue component. Pursuant to the Con- assumes that the Finance Committee will you-go rules. In the House, section 421 of the gressional Budget Act of 1974 and the Budget work closely with the Administration to de- conference agreement allows the chairman Enforcement Act of 1990, Social Security velop the proposals to achieve the revenue of the Budget Committee to make current payroll taxes are not included in the budget levels assumed in the resolution. To help policy adjustments before evaluating the resolution. close the tax gap and bolster Internal Rev- costs of tax legislation for compliance with Senate-passed Resolution enue Service (IRS) enforcement, the resolu- House budget rules and procedures, assuming The Senate budget resolution includes $1.6 tion provides additional resources available the condition stated in that section is met. trillion in on-budget revenues for 2010, and through a discretionary cap adjustment that NATIONAL DEFENSE: FUNCTION 050 $10.4 trillion over 2010–2014. (The cor- directs $890 million to IRS enforcement ac- Function Summary responding revenue figures on a unified basis tivities. The National Defense function includes the are $2.3 trillion for 2010 and $14.1 trillion over House-passed Resolution military activities of the Department of De- five years.) fense (DoD), the nuclear weapons-related ac- The House budget resolution calls for re- The revenue level in the Senate resolution tivities of the Department of Energy (DOE) ducing the revenues provided under CBO’s is $825.0 billion below the levels in the CBO and the National Nuclear Security Adminis- baseline forecast by $613.2 billion over the baseline over 2010–2014. tration, and the national security activities 2009–2014 period and by $1,480.2 billion over The Senate resolution provides substantial of several other agencies such as the Selec- the 2010–19 period. This reduction in revenues tax relief for the middle class. Consistent tive Service, Coast Guard, and Federal Bu- reflects the House budget resolution’s exten- with the President’s budget, the Senate reso- reau of Investigation. The programs in this sion of the elements of the 2001–2003 tax cuts lution assumes: the 10 percent bracket, child function include: the pay and benefits of ac- benefitting middle class families (including, tax credit, marriage penalty relief are made tive, Guard, and reserve military personnel; but not limited to the child tax credit, mar- permanent, as well as the related expansions DoD operations including training, mainte- riage penalty relief, the 10 percent bracket, of the child tax credit and the earned income nance of equipment, and facilities; health education incentives, other benefits for fami- tax credit included in the economic recovery care for military personnel and dependents; lies with children, reductions in other indi- package are extended; the American Oppor- procurement of weapons; research and devel- vidual income tax brackets, and small busi- tunity Tax Credit providing a $2,500 credit opment; construction of military facilities, ness tax relief). The House resolution also for higher education is made permanent; an including housing; research on nuclear weap- extends the estate tax at 2009 levels—elimi- expansion of the existing ‘‘savers credit’’ and ons; and the cleanup of nuclear weapons pro- nating estate taxes on all but a minute frac- a new policy to require employers that do duction facilities. tion of estates by reforming and substan- not offer 401(k)s to offer automatic enroll- Senate-passed Resolution tially increasing the unified tax credit. It ment in IRAs. The Senate resolution also also includes a one-year patch of the Alter- The Senate resolution fully funds the follows the President’s proposals to extend native Minimum Tax (AMT). The House reso- President’s core defense budget request over other 2001 and 2003 tax changes for couples lution also accommodates additional AMT the five-year budget window. Total national with incomes under $250,000 and singles with relief in a deficit-neutral manner. The House defense discretionary funding in the Senate incomes under $200,000, including the 25 per- resolution further accommodates deficit- resolution is $556.1 billion. This includes cent and 28 percent brackets and the pref- neutral extension of other expiring tax pro- $533.7 billion in 2010 for the Department of erential rates for capital gains and dividend visions and other proposals that support Defense, $20.3 billion more than the 2009 en- income. working families, businesses, states, or com- acted level exclusive of war funding and de- The Senate resolution assumes three years munities. It also accommodates other high fense spending in the economic recovery of alternative minimum tax relief, through priority deficit-neutral revenue adjustments, package. 2012, without offsets. It calls for permanent such as tax incentives for energy efficiency The Senate resolution reflects the Presi- reform of the estate tax, reflecting continu- and renewable energy, the deduction for dent’s request for additional 2009 overseas ation of the 2009 estate tax parameters, with State and local taxes, and a tax credit for contingency operations funding of $75.5 bil- an exemption of $3.5 million ($7 million for a construction of public schools. Decisions lion for the Defense Department. If enacted, couple) indexed to inflation and a top rate of about specific revenue offsets are made by this will bring total war funding for 2009 to 45 percent. The Senate resolution would ex- the Ways and Means Committee, which has a $152.6 billion. Under President Bush, the tend through 2011 those tax provisions that significant range of offsets that it can con- total cost of the wars reached $864 billion. are slated to expire in 2009 or 2010, but that sider. However, unless expressly indicated The Senate resolution also provides for the have been routinely extended in the past. otherwise, the House resolution does not as- 2010 war request of $130 billion. Including re- These provisions (referred to as ‘‘extenders’’) sume any of the specific revenue offset pro- quested war funds and mandatory spending, include, among others, the research and ex- posals provided for in the President’s budget. the Senate resolution provides $691.7 billion perimentation tax credit, the deduction for in BA for defense in 2010. state and local sales taxes, the deduction for Conference Agreement The Obama Administration has dem- teacher classroom expenses, and the excep- The conference agreement includes $1.654 onstrated its commitment to budgetary tion for active financing income. trillion in on-budget revenues for 2010, and transparency when it comes to funding for The Senate resolution calls for small busi- $10.500 trillion over 2010–2014. (The cor- overseas contingency operations. The Bush ness tax relief. It assumes the permanent ex- responding revenue figures on a unified basis Administration failed to honor its commit- tension of the section 179 expensing provi- are $2.322 trillion for 2010 and $14.157 trillion ment to include war costs in its budget re- sion for small businesses. In addition, it in- over five years.) The conference agreement quest and obscured the fiscal situation by cludes a new proposal to eliminate capital provides for three additional years of AMT seeking war funding as an emergency even gains taxes for small businesses, going be- relief, without offset, a two-year extension of after five years of war in Iraq. The Obama yond the current 75 percent exclusion. It also expired and expiring tax provisions, and a Administration, on the other hand, has pro- calls for expanding the net operating loss new incentive for retirement savings. The vided a good faith estimate of war costs for carryback rules. agreement supports the permanent extension 2010 and an annual allowance of $50 billion The Senate resolution includes several re- of tax relief first enacted in 2001 and 2003 to for potential future costs of overseas contin- serve funds that provide for tax relief, in- benefit middle-income individuals and fami- gency operations from 2011 onward. These

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00074 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.001 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10767 amounts are reflected in the Senate resolu- mental damage resulting from 50 years of nu- as our number one threat. Consequently, it tion. clear weapons production. The Senate reso- is the policy of the House resolution that In keeping with how the past two budget lution provides for increased funding at sev- non-proliferation programs, such as the Co- resolutions have handled war costs, the Sen- eral major sites addressed under this pro- operative Threat Reduction program and the ate resolution includes a $130 billion cap ad- gram including Hanford, Idaho Falls, Oak nonproliferation programs at the Depart- justment provision for 2010 that allows the Ridge, and Savannah River. This increase ment of Energy, be funded at a level that is Chairman to revise the discretionary spend- brings total environmental management commensurate with the evolving threat. ing cap for non-emergency appropriations re- funding for nuclear site cleanup (including The House resolution recognizes that our lated to overseas contingency operations amounts in other budget functions) to $6.5 most important security resource is our men such as the wars in Iraq and Afghanistan. billion. and women who serve in uniform. To honor The Senate resolution assumes the use of Defense funding remains at record levels, their service, it is the policy of the House this cap adjustment and allocates the even after adjusting for inflation. The De- resolution to not only ensure that they are amounts to the National Defense function. partment of Defense has had serious trouble properly equipped and trained to perform However, the cap adjustment would not pre- with cost growth in its weapons acquisition their mission, but that they also have the vent further war funding on an emergency programs. The Government Accountability proper support in terms of health care, pay, basis if war costs exceed the allotted level. Office has found that the total acquisition and support for their families. The House The Senate resolution includes a reserve cost of the Pentagon’s 2007 portfolio of major resolution also includes a deficit-neutral re- fund to facilitate enactment of the Presi- programs has exceeded initial estimates by serve fund for an expansion of eligibility to dent’s proposal to expand ‘‘concurrent re- nearly $300 billion. permit additional disabled military retirees ceipt’’ of military retired pay and veterans The Obama Administration has announced to receive both disability compensation and disability compensation to retirees who were that it will make reform of the acquisition retired pay. medically retired from active service. While process a top priority in order to get the best In recent years, cost overruns on major full programmatic details will be provided possible value for defense spending. The Sen- weapons programs have worsened. According later, the administration has indicated that ate resolution supports that reform effort by to the Government Accountability Office the budget funds the expansion of the Army including a reserve fund for defense con- (GAO), the cost of major weapon systems on and Marine Corps in order to enhance mili- tracting reform. Additionally, the Senate DoD’s books as of 2007 increased nearly $300 tary readiness and reduce the strain of mul- resolution assumes not less than $500 million billion above initial estimates. As a result, tiple, extended deployments on current for the Acquisition Workforce Development our military is not able to purchase equip- servicemembers. Additionally, the Presi- Fund, which is already showing great prom- ment in adequate quantities to equip our dent’s request includes funding to modernize ise as a mechanism for enhancing the capa- servicemen and servicewomen. To put our military barracks and dormitories, and to bility of the Department of Defense to over- defense plans on a sustainable path and to improve medical care and housing for wound- see acquisition programs and get better meet our military’s equipment require- ed servicemembers. The Senate resolution value for our defense dollar. While the Sen- ments, the House resolution affirms the Ad- supports these objectives. ate resolution does not project savings from ministration’s calls to make acquisition re- The Senate resolution also recognizes the acquisition reform or the contracting reform form a top priority. serious inequity in how the military death initiatives announced by the President, suc- According to GAO, government-wide benefits system treats widows and orphans cessful implementation of those initiatives spending on contractor services has more whom our servicemembers and veterans could result in significant savings in future than doubled over the last ten years. DoD leave behind. The Senate resolution provides years that should be reserved for deficit re- has expanded the use of contractors in its ac- a deficit-neutral reserve fund to facilitate duction. quisition process to aid in program manage- the repeal of the law that requires a dollar- The Senate resolution also includes a pro- ment functions and has relied heavily on for-dollar reduction in Department of De- gram integrity cap adjustment dedicated to contractors to carry out operations in Iraq fense Survivor Benefit Plan (SBP) annuity reducing waste in defense contracting. The and Afghanistan. This trend has implications benefit payments by benefits received under cap adjustment allows the Chairman of the for DoD in terms of accountability, oper- the Department of Veterans Affairs Depend- Budget Committee to increase the discre- ational effectiveness, and cost. Con- ency and Indemnity Compensation (DIC) pro- tionary spending cap by up to $100 million to sequently, it is the policy of the House reso- gram. Repeal of the offset would allow the accommodate legislation appropriating fund- lution that DoD review the role that con- widows and orphans whom our ing for the Department of Defense for addi- tractors play in its operations, including the servicemembers and veterans leave behind to tional activities to reduce waste, fraud, degree to which contractors are performing receive the full SBP amount due to them. abuse and overpayments in defense con- inherently governmental functions, to en- Congress recognized the injustice of the tracting or to enhance the capability of the sure it has the most effective mix of govern- SBP–DIC offset in the National Defense Au- defense acquisition or contracting workforce ment and contracted personnel. thorization Act for Fiscal Year 2008 when it to save taxpayer resources. When billions of GAO has performed numerous audits and authorized a special payment to SBP–DIC-af- dollars are wasted due to poor contracting has produced numerous recommendations re- fected survivors, but this payment is far practices, ordering of unneeded spare parts, garding DoD’s programs and processes that below the full amount that is offset. or other waste, fraud and abuse, it is our have produced billions of dollars of savings. The ability of the United States military troops that suffer. According to a GAO report released in De- to project power worldwide depends on the House-passed Resolution cember 2008, DoD implemented 1,682 rec- aerial refueling tanker fleet. The backbone The House resolution reflects a total of ommendations made by GAO from 2001 to of this fleet is the KC–135, which is rapidly $562.0 billion in BA and $606.0 billion in out- 2007 that have resulted in financial benefits approaching its 50th year in service. Further lays for 2010, and $2.9 trillion in BA and $3.0 exceeding $89 billion. There are still 758 rec- postponement of the tanker re-capitalization trillion in outlays over five years. ommendations made over that period that program will have an adverse effect on our There is no higher priority than the de- DoD has not yet implemented that could ability to achieve the requirements of the fense of our nation, and therefore this reso- yield billions of dollars in further savings. National Military Strategy. Accordingly, the lution makes the necessary investments and The House resolution continues to highlight Senate resolution assumes that the Air calls for the necessary reforms to ensure the the need for DoD to continue to make imple- Force will receive not less than $2.37 billion country is able to meet the security chal- mentation of GAO recommendations a top in 2010, and not less than $13 billion across lenges of the 21st century. priority and, to the extent possible, encour- the Future Years Defense Plan to fund the The House resolution includes specific de- ages DoD to use savings resulting from im- development and procurement of a next gen- fense policy assumptions in Title V, section plemented GAO recommendations toward eration aerial refueling tanker. 502. It recognizes that as the country faces any upfront investments needed to imple- The National Guard has a long history of its worst economic crisis since the Great De- ment the remaining 758 recommendations. outstanding service to our nation, and our pression, DoD needs to get the most out of The House resolution encourages the com- nation’s reliance on the Guard has only in- every dollar it spends by making tough but mittees with jurisdiction over defense to creased since September 11, 2001. The Senate necessary tradeoffs to ensure resources are continue to conduct vigorous oversight with resolution encourages the Appropriations applied to the most effective and operation- the objective of ferreting out wasteful prac- Committee to identify additional resources ally viable programs, and by assessing na- tices, fraud, and abuse. It encourages the within the defense budget to address needs tional security needs in a comprehensive committees to require DoD to report to Con- for National Guard equipment. manner that includes all agencies involved gress on its progress in implementing GAO The Senate resolution also assumes no less in our national security. recommendations, the role contractors play than $5.55 billion in funding for the Defense The National Commission on Terrorist At- in its operations, its assessment of the appli- Environmental Cleanup account. The envi- tacks Upon the United States (commonly re- cability of Cold War-era weapons to meet ronmental management program is charged ferred to as the 9/11 Commission) identified 21st century threats, and how well DoD’s with efficiently cleaning up the environ- terrorists with weapons of mass destruction comprehensive Financial Improvement and

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It does not include an additional Department toward achieving a clean audit. within the defense allocation and the need $7.1 billion in supplemental appropriations DoD spends billions of dollars on fuel and for the Department of Defense to reform its for 2009 that the President has requested for electricity for its planes, ships, vehicles and acquisition process and to do a better job of international affairs, which is included under facilities each year and increasing world de- reining in wasteful spending, particularly Function 970 (Overseas Deployments and mand for energy could therefore have signifi- with regard to contracting practices and Other Activities). cant consequences for our military in the fu- continuing funding of Cold War-era weapons For 2010, the House resolution provides ture. As a result, the House resolution calls systems that may not be as effective against $10.2 billion (26.8 percent) more discretionary on DoD to investigate the benefit of alter- today’s threats. It also highlights the need BA than the 2009 level, excluding supple- native energy sources and energy efficiency for DoD to place greater emphasis on imple- mental funding, and $5.8 billion (13.6 percent) conversions. The Department should pursue menting GAO recommendations, which could more funding than total enacted funding for those technologies that could reduce its en- yield billions of dollars in savings. 2009 so far. The House resolution provides ergy needs, enhance expeditionary oper- INTERNATIONAL AFFAIRS: FUNCTION 150 $5.4 billion (9.9 percent) less than the Presi- ations, achieve savings, and reduce depend- Function Summary dent’s 2010 budget, which includes his pro- ence on unreliable energy sources. posal to provide in the regular budget re- The House resolution continues to recog- Function 150 covers funding for U.S. inter- quest funding that has in recent years been nize the need for the DoD to develop a ship- national activities, including: operating and requested and appropriated as supplemental building plan that is viable in terms of pro- securing U.S. embassies and consulates funding. Pursuant to the House resolution, viding an adequate number of ships for the throughout the world; providing military as- funding designated as an emergency or for Navy to perform its mission and that is via- sistance to allies; assisting refugees; aiding overseas deployments and other activities ble in terms of sustaining the industrial developing nations; dispensing economic as- does not count against the House Appropria- base. sistance to fledgling democracies; promoting tions Committee’s allocation provided in Our national security is not solely depend- U.S. exports abroad; making U.S. payments this resolution. ent on our military, and other agencies and to international organizations; and contrib- The House shares the President’s commit- programs are important to effectively ad- uting to international peacekeeping efforts. ment to reduce global hunger and poverty. dress the threats of today and mitigate the The major agencies in this function include The House resolution provides funding in possibility of future threats. Therefore, it is the Departments of State, Agriculture, and this function to help achieve the goal of cut- the policy of the House resolution that co- the Treasury; the U.S. Agency for Inter- ting it in half by no later than 2015. ordination is needed to ensure that all of our national Development; and the Millennium The House notes the strong support for agencies involved in our national security Challenge Corporation. H.R. 44, the Guam World War II Loyalty Rec- work in a complementary way, and that Senate-passed Resolution ognition Act, which the House approved on when assessing security threats and the The President’s request for international February 23, 2009. The House also approved funding needed to counter them, the Admin- affairs activities, as re-estimated by CBO, is this legislation during the 110th Congress istration should do so in a comprehensive (H.R. 1595). The bill authorizes compensation manner that includes all agencies involved $53.8 billion. This represents an increase of to the Guamanian victims of the Imperial in our national security. $15.6 billion above the non-emergency 2009 level. However, the size of the year-over-year Japanese military occupation during World Conference Agreement increase requested by the President’s budget War II. The conference agreement for Function 050 reflects a change in concept, as the President Conference Agreement includes a total of $562.0 billion in BA and seeks to transfer international affairs fund- International Affairs discretionary spend- $606.0 billion in outlays in 2010, and $2.9 tril- ing in support of overseas contingency oper- lion in BA and $3.0 trillion in outlays over ing under the conference agreement totals ations and programs with predictable and re- $51.0 billion in BA and $47.5 billion in outlays five years. Consistent with both the House- curring funding requirements that have pre- and Senate-passed resolutions, the con- for 2010. This represents an increase of $12.8 viously been funded in supplementals to the billion in BA above the non-emergency 2009 ference agreement affirms the importance of base budget. This more transparent budg- reforming the defense acquisition and con- level and $8.7 billion above the 2009 level ad- eting is commendable. justed to include enacted supplemental fund- tracting processes to achieve better value for Typically, the baseline used for year-over- the American taxpayer. ing (other than American Recovery and Re- year comparisons in the Congressional budg- investment Act funding). For mandatory programs, the conference et resolution excludes all supplementals and agreement provides $5.9 billion in BA and Including negative mandatory spending, emergency funding. Therefore, the Presi- the conference agreement provides an over- $6.0 billion in outlays in 2010, and $28.3 bil- dent’s decision to reduce or eliminate emer- lion in BA and $28.4 billion in outlays over all total of $47.9 billion in BA and $44.7 bil- gency requests for international affairs in lion in outlays for 2010, and $260 billion in BA five years. 2010 artificially inflates the year-over-year The conference agreement reflects the cost and $253 billion in outlays over five years. increase. A more realistic comparison, in- of overseas deployments and other activities GENERAL SCIENCE, SPACE AND cluding enacted bridge funding in the 2009 in Function 970, as in the House-passed reso- TECHNOLOGY: FUNCTION 250 level, shows a year-over-year increase of lution. Consistent with the Senate resolu- $11.5 billion for the President’s request. Function Summary tion, the conference agreement allows the The Senate resolution calls for $53.8 billion The General Science, Space, and Tech- discretionary spending caps to be adjusted to for the international affairs function and as- nology function includes funding for the Na- accommodate appropriations for such costs. sumes that the top priorities in allocating tional Aeronautics and Space Administra- The conference agreement includes deficit- the increase for international affairs will be tion (NASA), except aviation programs, the neutral reserve funds addressing defense-re- related to core national security concerns National Science Foundation (NSF), as well lated matters. Both chambers have deficit such as counter-proliferation and anti-ter- as programs in the Department of Energy neutral reserve funds to accommodate initia- rorism, as well as enhancing the capacity of (DOE) Office of Science. tives related to meeting our commitments to the State Department and USAID to assume the nation’s military personnel, veterans, Senate-passed Resolution responsibilities that have been taken on by and survivors. The Department of Defense The Senate resolution provides an increase the military. and congressional committees of jurisdiction above the President’s requested level over are encouraged to reverse the decision to House-passed Resolution the five-year window by providing $31.1 bil- eliminate credit toward DOD retirement pay The House resolution calls for a total of lion in BA and $32.5 billion in outlays for for service in the Alaska Territorial Guard $45.3 billion in BA and $43.5 billion in outlays 2010, and $171.9 billion in BA and $170.3 bil- during World War II. for 2010, and for $271.8 billion in BA and $259.3 lion in outlays over five years. The conference agreement also includes a billion in outlays over five years. The total The Senate resolution funds the National Senate deficit-neutral reserve fund providing BA level for 2010 reflects discretionary BA of Aeronautics and Space Administration for legislation that would reform defense $48.5 billion and mandatory BA of ¥$3.1 bil- (NASA) at $18.7 billion for 2010. This level of contracting and acquisition policy in order lion. This function has negative mandatory funding recognizes the importance of our na- to achieve better value for taxpayer re- BA and outlay levels. These levels reflect re- tion’s space program and endorses the agen- sources. The reserve fund would accommo- ceipts of the foreign military sales trust cy’s balanced goals of exploration, science, date legislation that provided for additional fund, the repayment of loans and credits by and aeronautics. This level of funding also activities to reduce waste, fraud, abuse, and foreign nations, and the liquidation of eco- reflects the vital role our space program overpayments in defense contracting or to nomic assistance loans, foreign military fi- plays in driving scientific and technological enhance the capability of the defense acqui- nancing loans, Export-Import Bank loans, advancements critical to our economy. sition or contracting workforce, among and housing and other credit guaranty pro- NASA currently intends to retire its Space other purposes. grams. Shuttles at the end of 2010. The criteria for The conference agreement includes a state- The 2009 level of discretionary BA includes Shuttle retirement, however, remains the ment of policy on defense issues (section 502) $4.5 billion in enacted supplemental appro- completion of scheduled flights, and a fixed

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00076 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.002 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10769 retirement date could create dangerous (General Science, Space and Technology). proving electricity transmission, creating a scheduling pressures. Consequently, the Sen- This function also includes the Department clean energy investment fund, and encour- ate resolution recognizes the possibility that of Agriculture’s Rural Utilities Service, the aging conservation and efficiency. The legis- currently planned Shuttle missions may con- Tennessee Valley Authority, the Federal En- lation could also include energy tax pro- tinue beyond the end of 2010, and provides ergy Regulatory Commission, and the Nu- posals. This reserve fund could be used for $2.5 billion above the President’s request for clear Regulatory Commission. legislation such as a proposal to extend the 2011 with additional resources for NASA in Senate-passed Resolution permissible term of power purchase agree- the outyears. The Senate resolution calls for a total of ments used by federal agencies to acquire re- Currently, NASA projects a five-year gap $4.5 billion in BA and $6.2 billion in outlays newable energy. It could also be used for a in U.S. human space flight capability. Dur- for 2010, and $22.5 billion in BA and $31.6 bil- proposal to expand the economic recovery ing that gap the United States will need to lion in outlays over five years. package’s investments in transmission infra- purchase space flight services from Russia, Our nation’s economic and national secu- structure and smart grid technology. Addi- costing in excess of $500 million. The Senate rity are directly linked to our energy policy. tionally, the reserve fund could accommo- resolution recognizes the strategic impor- We must confront the challenges of global date a proposal to create a Clean Energy In- tance of uninterrupted access to space and climate change and our nation’s addiction to vestment Fund. That type of proposal could supports efforts to reduce or eliminate this foreign oil. By doing so, we can also create aid in the transition to a low-carbon econ- five-year gap in U.S. human space flight. the green jobs that will drive our nation’s omy by using financing tools such as direct House-passed Resolution economic recovery. To meet these chal- loans and loan guarantees to invest in clean The House resolution calls for a total of lenges, President Obama and the Congress energy technologies. $31.1 billion in BA and $32.5 billion in outlays have responded with a historic investment of House-passed Resolution for 2010, and for $166.1 billion in BA and $165.8 resources in a strategy to reduce our depend- The House resolution calls for a total of billion in outlays over five years. ence on imported energy. $5.5 billion in BA and $7.3 billion in outlays The House budget resolution total for this The economic recovery package included for 2010, and for $29.1 billion in BA and $54.6 function equals the level requested by the $38.7 billion to fund important energy prior- billion in outlays over five years. The total President for FY 2010, and for all five years ities such as modernizing the electric grid, BA level for 2010 reflects discretionary BA of in the budget window. Funding for scientific renewable energy and transmission loan $6.7 billion and mandatory BA of ¥$1.2 bil- research and education is also included in guarantees, local government energy effi- lion. Function 270 (Energy), Function 300 (Envi- ciency and conservation grants, weatheriza- The 2009 level of discretionary BA includes ronment and Natural Resources), Function tion assistance, carbon capture and seques- $39.4 billion in emergency appropriations 350 (Agriculture), Function 370 (Commerce tration technology, energy efficiency and re- from the American Recovery and Reinvest- and Housing Credit), Function 400 (Transpor- newable energy research and development, ment Act and other legislation. The House tation), Function 500 (Education, Training, and advanced battery development. When resolution for 2010 builds on this funding for Employment, and Social Services), and the emergency funding provided in the stim- renewable energy, energy efficiency, emerg- Function 550 (Health). This funding will sup- ulus and other bills is included, overall fund- ing energy and vehicle technologies, and port the science and technology goals of the ing for the Department of Energy climbed other important investments to increase the House Leadership’s Innovation Agenda and from approximately $24 billion in 2008 to $73 United States’ energy independence and cre- the America COMPETES Act: to put NSF billion in 2009. This $73 billion 2009 funding ate new jobs. The House resolution provides funding on a path toward doubling, to train level represents the largest budget in the $1.0 billion (18.4 percent) more in appro- more qualified science and math teachers, history of the Department of Energy. priated funding for 2010 than the 2009 level of and to invest in basic research on energy The Senate resolution builds on the invest- regular appropriations. The House resolution technologies. ments in the economic recovery package by recognizes the importance of continuing ade- Conference Agreement fully funding the President’s request for 2010 quate funding for the Weatherization Assist- The conference agreement includes $31.1 energy discretionary funding. The energy ance Program, which helps lower-income billion in BA and $32.5 billion in outlays in funding level in the Senate resolution will families to reduce their energy bills and in- 2010, and $168.7 billion in BA and $168.5 bil- provide increases for the Energy Efficiency crease the comfort and safety of their homes. lion in outlays over five years. and Renewable Energy program. These in- The House urges the Appropriations Com- The conference agreement provides addi- creases will accommodate investments in mittee to include language in its appropria- tional resources throughout the five year important priorities such as wind, solar, geo- tions bill to implement a ‘‘net zero’’ policy budget window, as requested by the Presi- thermal, biomass and biorefinery R&D, hy- for the annual expenses of the Power Mar- dent, for COMPETES Act and other Innova- drogen, vehicle/building technologies and the keting Administrations (PMAs). The Presi- tion programs in Function 250 as well as in weatherization assistance program. The Sen- dent’s budget also supports this proposal. other functions. ate resolution supports increased funding for Reclassifying these receipts would more The conference agreement recognizes the the Energy Efficiency and Conservation closely link the PMAs’ annual appropria- scientific and technological contributions of Block Grant Program. The resolution also tions with payments from their customers. includes increases to invest in the develop- our nation’s manned and unmanned space Conference Agreement program and the strategic importance of un- ment of low carbon coal technologies such as interrupted human access to space, and sup- carbon capture and sequestration. The reso- The conference agreement provides a total ports efforts to reduce the impending gap in lution supports continued funding increases of $5.0 billion in BA and $6.3 billion in out- US human spaceflight. The conference agree- for the Department of Energy’s loan guar- lays for 2010, and $25.6 billion in BA and $50.0 ment matches the President’s request for antee program. billion in outlays over five years. The con- NASA in 2010 (while acknowledging that an The Senate resolution would increase fund- ference agreement provides $6.2 billion in additional $400 million was appropriated for ing for electricity delivery and energy reli- 2010 for discretionary programs in this func- NASA exploration in the 2009 American Re- ability. The funding increase could be used tion. This is $500 million more than the covery and Reinvestment Act) and provides to modernize the electric grid, enhance secu- President’s proposed discretionary funding $2.5 billion above the President’s request in rity and reliability of energy infrastructure, level for 2010. (The total BA and outlay lev- 2011. The additional funding is provided in and facilitate recovery from disruptions to els are lower than the discretionary BA and 2011 in anticipation that the funding is need- energy supply. outlay levels because this function has nega- ed for the remaining eight space shuttle mis- The Senate resolution supports the reclas- tive mandatory BA and outlay levels, re- sions to safely fly and to complete the con- sification of receipts for the annual oper- flecting the fact that the U.S. government struction and equipping of the international ating expenses of Southeastern, South- collects more money than it spends mar- space station. western, and Western Area Power Adminis- keting federally produced power and collects trations (PMAs). By reclassifying the re- fees from commercial nuclear reactors.) ENERGY: FUNCTION 270 ceipts from mandatory to discretionary, The conference agreement includes a sig- Function Summary power rates will become more closely linked nificant commitment of resources to invest Function 270 covers energy-related pro- to the annual appropriations they fund. This in emerging energy technologies, promote grams including research and development, direct link will promote long-term planning renewable energy and energy efficiency, and environmental clean-up, and rural utility and improve the overall efficiency and reli- reduce our nation’s dependence on imported loans. Most of these programs are within the ability of the Federal power program. energy. The conference agreement includes Department of Energy (DOE). This function The Senate resolution includes an energy deficit-neutral reserve funds to accommo- covers a portion of the appropriated funding reserve fund to accommodate legislation date energy legislation. Like the Senate- for DOE but does not include DOE’s national that advances important priorities such as passed and House-passed resolutions, the security activities, which are in Function 050 reducing our Nation’s dependence on im- conference agreement supports reclassifying (National Defense), or its basic research and ported energy, producing green jobs, pro- the receipts of the Power Marketing Admin- science activities, which are in Function 250 moting renewable energy development, im- istrations (PMAs) to more closely link the

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00077 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.002 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10770 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 27, 2009 PMAs’ annual appropriations with payments partment of Interior which are sufficient to islation to increase investments in renew- from their customers. fully fund ongoing Everglades Restoration able energy and energy independence, en- NATURAL RESOURCES AND activities, including construction of author- courage new technological development, ENVIRONMENT: FUNCTION 300 ized projects contained in the Comprehensive take steps to provide for reductions in green- Function Summary Everglades Restoration Plan and the Ever- house gas emissions, and help families, busi- nesses, the environment and industries adapt The Natural Resources and Environment glades National Park Expansion Act. The funding levels in the Senate resolution to the new energy economy. function consists of funding for water re- allow for increases for the National Oceanic sources, conservation, land management, Conference Agreement and Atmospheric Administration (NOAA). In pollution control and abatement, and rec- The conference agreement includes a total addition, the resolution includes a reserve reational resources. Major departments and of $37.6 billion in BA and $40.6 billion in out- agencies in this function are the Department fund which would accommodate legislation lays for 2010, and $192.1 billion in BA and of the Interior (including the National Park to preserve or protect oceans or coastal $198.5 billion in outlays over five years. The Service, the Bureau of Land Management, areas. conference agreement provides $35.3 billion The Senate resolution assumes increases the Bureau of Reclamation, the Fish and in 2010 for discretionary programs in this for the Department of the Interior and the Wildlife Service, and the Minerals Manage- function. This is $200 million more than the ment Service), conservation-oriented and Forest Service. The resolution also includes President’s proposed discretionary funding land management agencies within the De- the President’s proposal to increase funding level for 2010. partment of Agriculture (including the For- for land acquisition programs. The Senate- The conference agreement includes signifi- cant increases for natural resources and en- est Service), the National Oceanic and At- passed resolution includes a reserve fund vironment programs, including a variety of mospheric Administration at the Depart- which could be used for legislation that pre- programs at the Environmental Protection ment of Commerce, the Army Corps of Engi- serves or protects public lands. This could Agency. The agreement provides additional neers, and the Environmental Protection include, but is not limited to, legislation resources for agencies such as the Army Agency (EPA). that protects national parks, national monu- ments, wilderness areas, wild and scenic riv- Corps of Engineers and the Bureau of Rec- Senate-passed Resolution ers, and national recreation areas. lamation to invest in national water infra- The Senate resolution calls for a total of The Senate resolution fully funds wildfire structure priorities. It also increases funding $37.7 billion in BA and $40.7 billion in outlays suppression activities at the Forest Service for a number of other programs throughout for 2010, and $190.8 billion in BA and $197.7 and the Department of the Interior. The res- the Department of the Interior, the Forest billion in outlays over five years. olution commends the President for taking Service, and the National Oceanic and At- The Senate resolution recognizes that we steps to budget for growing annual fire sup- mospheric Administration. The funding lev- have an obligation to current and future gen- pression costs. It provides the 10-year aver- els in the conference agreement include the erations to take meaningful action to reduce age for fire suppression costs and assumes President’s proposal to provide additional greenhouse gas emissions. The resolution in- that an additional $357 million will be pro- funding for wildland fire suppression activi- cludes a reserve fund to accommodate legis- vided if appropriated funds are exhausted ties at the Forest Service and the Depart- lation that would invest in clean energy and the severity of the fire season requires ment of the Interior. The conference agree- technology initiatives, decrease greenhouse additional funding. The Senate resolution ment could also accommodate increases in gas emissions, or help families, workers, also included increases in funding for haz- funding for hazardous fuel reduction activi- communities, and businesses make the tran- ardous fuel reduction. ties. The conference agreement includes def- sition to a clean energy economy. The reso- The Senate resolution recognizes the need icit-neutral reserve funds which could be lution includes no specific assumptions re- to address significant and long-standing used for legislation to reduce greenhouse gas garding the policy details of such a proposal. problems affecting the major large scale emissions. The details of the proposal will be left to the aquatic, estuarine, and coastal ecosystems AGRICULTURE: FUNCTION 350 committees of jurisdiction and the legisla- nationwide. The Senate resolution includes Function Summary tive process. funding for a new interagency initiative to If climate change legislation brings new The Agriculture function includes farm in- address such regional ecosystems. It assumes revenues into the Treasury, the Senate reso- come stabilization, agricultural research, the President’s request of $475 million to lution would support the President’s pro- and other services administered by the U.S. work with Great Lakes states, tribes, and posal to invest $15 billion per year in a vari- Department of Agriculture. The discre- local communities and organizations to ad- ety of clean energy technology initiatives. tionary programs include research and edu- dress issues prioritized in the Great Lakes These initiatives would accelerate the wide- cation programs, economics and statistics Regional Collaborative. This initiative could spread deployment of energy efficient tech- services, administration of the farm support address issues such as invasive species, non- programs, farm loan programs, meat and nologies, increase our reliance on clean and point source pollution, habitat restoration poultry inspection, and a portion of the Pub- renewable energy sources, and move America and contaminated sediment. The resolution lic Law 480 international food aid program. forward on the path to energy security. also supports the President’s proposal to use The Senate resolution fully funds the The mandatory programs include commodity outcome-oriented performance goals and President’s request for the Environmental programs, crop insurance, and certain farm measures to target the most significant Protection Agency (EPA). The resolution in- loans. problems and track progress in addressing cludes $3.9 billion for EPA’s Clean Water and Senate-passed Resolution these ecosystems. Drinking Water State Revolving Funds. The The Senate resolution reflects a total of overall EPA funding level could accommo- House-passed Resolution $23.6 billion in BA and $23.9 billion in outlays date significant increases for Superfund, the The House resolution calls for a total of for 2010, and $114.9 billion in BA and $109.0 brownfields program and a variety of other $37.4 billion in BA and $40.5 billion in outlays billion in outlays over five years. During EPA programs. The resolution would accom- for 2010, and for $194.6 billion in BA and $200.5 Committee consideration, an amendment modate increases for water infrastructure billion in outlays over five years. was adopted assuming $70 million in savings priorities at the Army Corps of Engineers The House budget resolution matches the per year in crop insurance over the next five and the Bureau of Reclamation. President’s total discretionary funding re- years. The amendment dedicated $175 million The Senate resolution recognizes the im- quest for this function, and provides in- for child nutrition and $175 million for def- portance of the Bureau of Reclamation rural creased resources for programs such as the icit reduction. Besides these changes, the water program to support ongoing Munic- Land and Water Conservation Fund, the Senate resolution leaves all other nutrition, ipal, Rural, and Industrial (MR&I) systems EPA’s Clean Water and Drinking Water conservation, renewable energy, and farm for the Great Plains Region. The Bureau of State Revolving Funds, and other EPA pro- safety net improvements included in the 2008 Reclamation supplies drinking water to 2.6 grams. The House recognizes the need for Farm Bill unchanged. million people in the Great Plains region and maintaining and upgrading water infrastruc- Given our current fiscal situation, the Sen- is encouraged to prioritize the completion of ture in the Commonwealth of the Northern ate resolution recognizes that all areas of the Pick Sloan-Missouri Basin Program— Mariana Islands and other U.S. territories, the federal budget need to be examined for Garrison Diversion Unit, Mni Wiconi, Lewis and encourages relevant federal agencies to savings. Even though the 2008 Farm Bill re- and Clark, Perkins County, Fort Peck Res- work with territory governments on this ceived over 80 votes in the Senate and was ervation/Dry Prairie, and Rocky Boys/North issue. The House resolution also allows for fully paid for, the Senate resolution would Central rural water system projects. The additional funding for other programs at support targeted savings in agriculture, in- Senate resolution supports funding these NOAA, the Department of the Interior, and cluding some savings in the Environmental vital rural water development projects at a the Forest Service. Quality Incentives Program and the federal level that is as close to $292 million as pos- For mandatory spending, the House resolu- crop insurance program. sible. tion assumes levels provided by current law. House-passed Resolution The Senate resolution includes increases The House resolution includes a deficit- The House resolution calls for a total of for the Army Corps of Engineers and the De- neutral reserve fund that accommodates leg- $23.7 billion in BA and $24.0 billion in outlays

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00078 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.002 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10771 for 2010, and for $115.7 billion in BA and $109.7 House-passed Resolution Department of Transportation, including billion in outlays over five years. The House For the unified budget, the House resolu- programs for highways, mass transit, avia- resolution provides resources for commodity tion calls for a total of $64.2 billion in BA tion, and maritime activities. This function support, agricultural research, and the Ani- and $88.9 billion in outlays for 2010, and for also includes two components of the Depart- mal and Plant Health Inspection Service, in- $130.4 billion in BA and $140.6 billion in out- ment of Homeland Security: the Coast Guard cluding activities to support eradication of lays over five years. (The budget resolution and the Transportation Security Adminis- the Asian Longhorn Beetle. provides only the on-budget amounts, which tration. In addition, this function includes For mandatory spending, the House resolu- are $60.9 billion in BA and $85.6 billion in several small transportation-related agen- tion assumes levels provided by current law. outlays for 2010, and $125.1 billion in BA and cies and the research program for civilian For discretionary programs, the House reso- $135.3 billion in outlays over five years.) aviation at NASA. lution matches the levels in the President’s The discretionary function total for 2010 Senate-passed Resolution budget. includes significantly increased funding to The Senate resolution calls for a total of ensure that the Bureau of the Census has the Conference Agreement $75.2 billion in BA and $95.7 billion in outlays necessary resources to hire workers and to The conference agreement calls for a total for 2010, and $377.8 billion in BA and $477.0 complete the 2010 Census. The 2010 total also of $23.7 billion in BA and $24.0 billion in out- billion in outlays over five years. The Senate fully accounts for funding to support Federal lays for 2010, and for $115.6 billion in BA and resolution includes an infrastructure reserve Housing Administration (FHA) and other $109.6 billion in outlays over five years. For fund that would be available for surface mortgage credit programs in order to re- discretionary spending, the conference transportation programs and multimodal spond to the current housing crisis. agreement assumes $6.1 billion in BA and $6.2 transportation projects. The reserve fund an- The House notes that the goal of the Treas- billion in outlays for 2010. For mandatory ticipates that future surface transportation ury’s Troubled Assets Relief Program is to spending, the agreement matches CBO’s investments will be paid for and the solvency help stabilize credit and housing markets, baseline estimate for March 2009 (assuming of the Highway Trust Fund will be main- not to use eventual returns to support addi- levels provided by current law), leaving all of tained for the length of the surface transpor- tional, non-related spending. Proceeds from the nutrition, conservation, renewable en- tation authorization. The Senate resolution the sale of troubled assets, repayments of ergy, and farm safety net improvements understands that the surface transportation loans, or other resulting revenues to the made in the 2008 Farm Bill unchanged. reauthorization will augment current invest- Treasury from Federal assistance provided ments, and provides funding levels for high- COMMERCE AND HOUSING CREDIT: under the Emergency Economic Stabiliza- ways, transit, and safety programs which FUNCTION 370 tion Act of 2008, Public Law 110–343, should will be adjusted when a reauthorization bill be available to reduce the Federal deficit and Function Summary is reported. The Senate resolution does not the public debt. The Commerce and Housing Credit func- adopt the administration’s proposed change tion includes mortgage credit, the Postal Conference Agreement to scoring of contract authority. The Senate Service, deposit insurance, and other ad- For the unified budget, the conference resolution continues the unprecedented com- vancement of commerce (the majority of the agreement calls for a total of $64.4 billion in mitment to high speed rail made in the eco- discretionary and mandatory spending in BA and $89.0 billion in outlays for 2010, and nomic recovery package by providing $1 bil- this function). The mortgage credit compo- for $130.6 billion in BA and $140.8 billion in lion for high speed rail in 2010. nent of this function includes housing assist- outlays over five years. (The conference House-passed Resolution ance through the Federal Housing Adminis- agreement provides only the on-budget tration, the Federal National Mortgage As- amounts, which are $61.1 billion in BA and The House resolution calls for a total of sociation (Fannie Mae), the Federal Home $85.8 billion in outlays for 2010, and $125.3 bil- $88.2 billion in BA and $95.7 billion in outlays Loan Mortgage Corporation (Freddie Mac), lion in BA and $135.5 billion in outlays over for 2010, and for $449.9 billion in BA and $481.0 the Government National Mortgage Associa- five years.) The discretionary function total billion in outlays over five years. tion (Ginnie Mae), and rural housing pro- includes significantly increased funding for The House budget resolution recognizes grams of the Department of Agriculture. The the Bureau of the Census, reflecting execu- that transportation programs are charged function also includes net Postal Service tion of the 2010 census, and continues to sup- with helping to pull the economy out of the spending and spending for deposit insurance port the Small Business Administration and recession. The American Recovery and Rein- activities of banks, thrifts, and credit the Manufacturing Extension Program. The vestment Act made significant investments unions. Most of the Commerce Department is 2010 total also fully accounts for funding to in highway construction, mass transit, pas- provided for in this function, including the support Federal Housing Administration senger rail, and aviation. In addition, as the International Trade Administration, the Bu- (FHA) and other mortgage credit programs Safe, Accountable, Flexible, Efficient Trans- reau of Economic Analysis, the Patent and in order to respond to the current housing portation Equity Act: A Legacy for Users Trademark Office, the National Institute of crisis. (SAFETEA–LU) expires, the House will craft Standards and Technology, the National The conference agreement supports efforts a new highway and transit bill for the 2010– Telecommunications and Information Ad- to provide additional investment in and 2015 period. ministration, and the Bureau of the Census. oversight of housing assistance. Both the The House’s task of reauthorizing highway Finally, the function also includes funding Senate and the House include reserve funds construction programs is made more dif- for independent agencies such as the Securi- that allow for investments in the Affordable ficult by a large set of current law rescis- ties and Exchange Commission, the Com- Housing Trust Fund. The Senate economic sions to contract authority, a form of man- modity Futures Trading Commission, the stabilization reserve fund also allows for ad- datory budget authority. Beginning in 2010, Federal Trade Commission, the Federal ditional investments in low-income rental the House resolution restores the mandatory Communications Commission, and the ma- assistance. The conference agreement also baseline for the federal-aid highway program jority of the Small Business Administration. supports efforts to increase the capacity of so that its funding authority is in line with Senate-passed Resolution HUD’s Inspector General to investigate cases current projections of obligation limitations. of FHA loan fraud. The HUD Inspector Gen- The House resolution retains current The Senate resolution calls for a total of eral’s office has not expanded even as the scorekeeping practices for contract author- $64.4 billion in unified BA and $89.1 billion in number of FHA-approved lenders has doubled ity programs. unified outlays for 2010, and $129.6 billion in over the past two years. In order to address the highway and transit unified BA and $139.8 billion in unified out- The conference agreement notes that the programs during reauthorization, the House lays over five years. (The corresponding on- goal of the Treasury’s Troubled Assets Relief resolution includes a surface transportation budget figures are $61.1 billion in BA and Program is to help stabilize credit and hous- reserve fund that provides further increases $85.8 billion in outlays for 2010, and $124.3 bil- ing markets, not to use eventual returns to to highway and transit contract authority if lion in BA over five years and $134.6 billion support additional, non-related spending. the future legislation maintains a solvent in outlays over five years.) The Senate reso- Proceeds from the sale of troubled assets, re- Highway Trust Fund. lution includes a deficit-neutral reserve fund payments of loans, or other resulting reve- Finally, as a part of the reauthorization of that would allow for additional investments nues to the Treasury from Federal assistance the Federal Aviation Administration, the in housing assistance, including low-income provided under the Emergency Economic House resolution accommodates increases to rental assistance and assistance provided Stabilization Act of 2008, Public Law 110–343, the Airport Improvement Program (AIP). through the Affordable Housing Trust Fund. should be available to reduce the Federal Conference Agreement The Senate resolution provides $880 million deficit and the public debt. for the Small Business Administration and The Conference agreement calls for a total adopts the Administration’s budget level for TRANSPORTATION: FUNCTION 400 of $88.2 billion in BA and $95.7 billion in out- the Manufacturing Extension Program Function Summary lays for 2010, and $449.9 billion in BA and (MEP), which is authorized in the America The Transportation function consists $481.0 billion in outlays over five years. The COMPETES Act. mostly of the programs administered by the conference agreement recognizes that this

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00079 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.002 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10772 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 27, 2009 year’s economic recovery package made sig- supports funding for Department of Home- for every dollar invested. Despite these bene- nificant investments in highway construc- land Security grant programs and BIA pro- fits, many preschool students do not have ac- tion, mass transit, passenger rail, and avia- grams. cess to quality early education programs. tion that will create badly needed jobs to House-passed Resolution The Senate-passed resolution provides ex- help sustain the recovery. The conference panded resources to invest in the long-term The House resolution calls for a total of agreement recognizes that continued invest- returns of early education. $18.3 billion in BA and $29.3 billion in outlays ment in infrastructure programs is impor- Moreover, decreased federal funding for for 2010, and for $103.3 billion in BA and $129.5 tant and includes House and Senate infra- education has implications at the state and billion in outlays over five years. local level. When the federal government re- structure reserve funds to accommodate leg- The House budget resolution provides in- duces its share of funding for the Individuals islation to reauthorize surface transpor- creased funding to accommodate urgent with Disabilities Education Act, state and tation programs and ensure the solvency of community development and homeland secu- local governments have to cut programs to the Highway Trust Fund for the length of rity needs, which could include full funding cover the decreasing share of special edu- the surface transportation authorization. for the Community Development Block The task of reauthorizing highway con- cation. Grant (CDBG), similar to the President’s struction programs is made more difficult by The Senate resolution calls for a signifi- budget. Function 450 also accommodates a large set of current law rescissions to con- cant investment to build our human capital funding for a new National Infrastructure tract authority, a form of mandatory budget through programs targeting low-income stu- Bank, capitalized with federal funds, to di- authority. Beginning in 2010, the conference dents, such as Title I, and for innovative and rect public and private dollars towards infra- agreement restores the mandatory baseline effective strategies to reduce achievement structure investments of national or re- for the federal-aid highway program so that gaps and improve student learning in grade gional significance. However, because a Na- its funding authority is in line with current schools, middle schools, and high schools. tional Infrastructure Bank is not yet author- projections of obligation limitations. In the The competitive educational advantage we ized, the House resolution includes initial Senate, it will not be in order for legislation used to enjoy, relative to other nations, has funding in 2010 and larger amounts over the that extends or reauthorizes surface trans- eroded significantly in recent years. 2011–2014 period. portation bills to appropriate budget author- The Senate resolution proposes to reduce ity for those programs outside of the High- Conference Agreement barriers to higher education by including way Trust Fund. The conference agreement The conference agreement includes a total provisions that could accommodate the also does not adopt the administration’s pro- of $18.3 billion in BA and $29.3 billion in out- President’s student aid proposals, such as ex- posed change to scoring of contract author- lays for 2010, and $88.3 billion in BA and panding Pell grants. The President has chal- ity and does not assume increases to fuel $122.7 billion in outlays over five years. lenged our students to commit to at least taxes. The conference agreement provides in- one year of post-secondary study. However, The Senate infrastructure reserve fund creased funding levels that will provide need- many low- and moderate-income high school would also accommodate legislation that ed investments in our communities and graduates who are fully prepared to go to makes additional investments in multimodal homeland security. The agreement provides college do not because of financial barriers. transportation projects, passenger and increased funding, which could include full Employers indicate that we are not pro- freight rail and could also accommodate leg- funding for the Community Development ducing enough trained workers with the islation regarding the Denali Commission, Block Grant (CDBG), and for grants to local skills for the modern workplace, particularly an independent federal agency focusing on governments to revitalize closed manufac- in high-growth sectors such as health care rural Alaskan communities. turing plants. The conference agreement also and green energy technologies. Increasingly, The conference agreement continues the includes $2.0 billion in 2010 and $5.0 billion in these sectors require some form of post-sec- unprecedented commitment to high speed 2011 for a National Infrastructure Bank, if ondary education or job re-training. rail made in the economic recovery package authorized, with an understanding that at The Senate resolution recognizes that ef- by providing $1 billion for high speed rail in least one quarter of the funding would be fective education and training programs are 2010. Finally, as a part of the reauthorization targeted to rural areas. The conference necessary to restart U.S. economic growth of the Federal Aviation Administration, the agreement also supports funding for Depart- and allow our citizens to compete in the conference agreement accommodates in- ment of Homeland Security grant programs global economy. It makes this effort a high creases to the Airport Improvement Program and BIA programs. priority. The Senate resolution also provides (AIP). EDUCATION, TRAINING, EMPLOYMENT, the President’s requested level for the Cor- COMMUNITY AND REGIONAL AND SOCIAL SERVICES: FUNCTION 500 poration for National and Community Serv- ice to encourage Americans to serve their DEVELOPMENT: FUNCTION 450 Function Summary community and country. Function Summary The Education, Training, Employment and The Senate resolution provides a deficit- The Community and Regional Develop- Social Services function includes funding for neutral reserve fund for higher education to ment function includes federal programs to the Department of Education, as well as pro- facilitate enactment of legislation to make improve community economic conditions, grams in the Department of Health and college more accessible and affordable. promote rural development, and assist in Human Services (HHS) and the Department The Senate resolution adopted three federal preparations for and response to dis- of Labor. This function provides funding for amendments to the Higher Education reserve asters. This function provides appropriated elementary and secondary, career and tech- fund which would maintain a competitive funding for the Community Development nical, and post-secondary educational pro- student loan program; facilitate expanded Block Grant, Department of Agriculture grams; job training and employment serv- funding for programs that provide need- rural development programs, the Bureau of ices; children and family services; and statis- based grants and community work-study Indian Affairs (BIA), the Federal Emergency tical analysis and research related to these programs; and facilitate expanded funding Management Agency (FEMA) (including areas. It also contains funding for the Li- for programs that provide outreach to low- homeland security grants), and other dis- brary of Congress and independent research income students to prepare for college. The aster mitigation and community develop- and arts agencies. Senate also adopted an amendment to the ment-related programs. It also provides Senate-passed Resolution Economic Stabilization and Growth reserve mandatory funding for the federal flood in- The Senate resolution calls for a total of fund to provide specialized training for work- surance program. $94.4 billion in BA and $140.6 billion in out- ers in emerging industries. In addition the Senate-passed Resolution lays for 2010, and $561.1 billion in BA and Senate adopted an amendment to provide a The Senate resolution calls for a total of $640.4 billion in outlays over five years. reserve fund for after-school programs. $16.3 billion in BA and $28.9 billion in outlays Building on the investments in education House-passed Resolution for 2010, and $80.8 billion in BA and $114.3 bil- and training provided in the economic recov- The House resolution calls for a total of lion in outlays over five years. ery package, the Senate resolution fully $93.7 billion in BA and $140.3 billion in out- The Senate resolution recognizes the im- funds the President’s request for education lays for 2010, and for $560.4 billion in BA and portance of providing investments in our and training programs over the five-year $639.6 billion in outlays over five years. communities and protecting the homeland. budget window. Investments in education The 2010 House resolution supports the The Senate resolution includes increased and training programs have sound economic President’s investments in education from funding for the Community Development benefits and the Senate-passed resolution early childhood through post-secondary edu- Block Grant (CDBG), the largest source of provides Americans a complete and competi- cation and training and shares the Presi- federal grant assistance in support of state tive education from cradle to career. dent’s goal of improving American education and local government housing and commu- There is increasing evidence that investing and creating a workforce that is prepared to nity development efforts, and for grants to in high quality early childhood education compete and succeed in the global economy. local governments to revitalize closed manu- programs, such as Head Start, is a solid in- The House resolution supports the Presi- facturing plants. The Senate resolution also vestment, yielding $10 in reduced social costs dent’s plan to make a new investment in

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00080 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.002 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10773 early childhood education, improve student tions directing the Committee on Education House-passed Resolution achievement in elementary and secondary and Labor to report a bill that invests in The House resolution calls for a total of education through both proven strategies education while reducing the deficit by $1 $383.9 billion in BA and $388.7 billion in out- and innovative approaches, and increase the billion over the 2009–2014 period. lays for 2010, and for $1.9 trillion in BA and number of high school graduates that attend Conference Agreement outlays over five years. and complete higher education by making The conference agreement calls for a total The discretionary resources for Function college more affordable and accessible. The of $94.4 billion in BA and $140.6 billion in out- 550 for 2010 match the President’s 2010 re- quest and increase funding over the 2010 House resolution also accommodates the lays for 2010, and for $561.1 billion in BA and baseline level, enabling support of the Presi- President’s support for strong job training $640.4 billion in outlays over five years. services that will prepare Americans for sta- The conference agreement recognizes the dent’s priorities for cancer research, food safety, and other important programs. The ble and high-paying jobs. importance of investing in education and House resolution provides critical resources The 111th Congress has already made sig- training programs to build a highly skilled for public health, which includes programs nificant new investments in education in the workforce that can compete in the global focused on addressing health promotion and American Recovery and Reinvestment Act, marketplace and provides the President’s re- disease prevention. Preventative health care which provided about $100 billion that states quested level for education, training and so- will use primarily to maintain elementary, measures and disease management have the cial service programs in every year over the potential to lead to more efficient use of secondary, and higher education services. five-year budget window. The increased fund- The American Recovery and Reinvestment health care spending, and reduced illness, as ing will assist Americans from cradle to ca- well as an improvement in the health of the Act targeted significant funds to Title I reer with job training programs, access to (Education for the Disadvantaged), Head public. higher education through Pell grants and Programs in Function 550 are also ad- Start, and special education, where the fund- state programs targeted to low-income stu- dressed in the House resolution’s deficit-neu- ing can be used to train more teachers to dents, elementary and secondary education tral reserve funds for health care reform and provide needed services in the future. The programs such as Title I and IDEA, and ex- the 9/11 health program. House budget resolution builds upon that panded resources for Head Start and other Conference Agreement start by providing the level of funding in the early education programs. The conference agreement includes a total President’s request for education, job train- The conference agreement contains deficit- of $384.3 billion in BA and $388.9 billion in ing, and social services for 2010. neutral reserve funds for higher education The House resolution’s funding could sup- outlays for 2010, and $1.9 trillion in BA and legislation in both the House and Senate. It outlays over five years. port services that will help students meet also includes a Senate reserve fund for 21st high standards and will provide effective Discretionary funding levels for Function Century Learning Centers. 550 include increased funding above the 2010 teachers and principals, including invest- The conference agreement includes a Sense baseline level consistent with the President’s ments in key programs such as Head Start of Congress provision on college affordability health priorities for NIH, HRSA, CDC, IHS, and the Individuals with Disabilities Edu- and student loan reform that reaffirms the and FDA. In addition, the conference agree- cation Act. It also could support the No importance of the student aid services pro- ment assumes significant increases for Com- Child Left Behind Act programs that work to vided by both non-profit and for-profit enti- munity Health Centers, health professions, close the achievement gap and ensure that ties in the student loan program, as well as and the National Health Service Corps with- all children learn, including Impact Aid and the employment they provide across the in HRSA as well as food safety efforts at after-school services. The funding could be country. FDA. Increases are also included for the Ma- used as a down payment on a comprehensive HEALTH: FUNCTION 550 ternal and Child Health Block Grant and the literacy initiative for the nation that en- Function Summary organ transplantation program as well as ad- compasses early childhood, elementary, and ditional funding for IHS to help meet the The Health function includes most direct secondary education. needs of American Indians and Alaska Na- health care service programs as well as fund- This year Congress increased the max- tives. imum Pell Grant award by $619—the largest ing for anti-bioterrorism activities, national The conference agreement provides critical annual increase for a program that helps biomedical research, protecting the health of resources for public health, which includes more than seven million students pay for the general population and workers in their programs focused on addressing health pro- college. The House resolution provides dis- places of employment, providing health serv- motion and disease prevention. Preventative cretionary funding to support the Presi- ices for under-served populations, and pro- health care measures and disease manage- dent’s Pell grant increase for 2010. Going for- moting training for the health care work- ment have the potential to lead to more effi- ward, the House resolution could accommo- force. The major programs in this function cient use of health care spending, and re- date the President’s proposals to provide ad- include Medicaid, the State Children’s duced illness, as well as an improvement in ditional assistance to help more low-income Health Insurance Program (SCHIP), health the health of the public. high school graduates attend and complete benefits for federal workers and retirees, the In addition, programs in Function 550 are college, provided they are enacted in a fis- National Institutes of Health (NIH), the also addressed in several health care related cally responsible way. Further assistance Food and Drug Administration (FDA), the deficit-neutral reserve funds, including a re- could include expanding access to Histori- Health Resources and Services Administra- serve fund for health care reform legislation. cally Black Colleges and Universities as well tion (HRSA), the Centers for Disease Control MEDICARE: FUNCTION 570 as Hispanic-serving institutions and other and Prevention (CDC), the Substance Abuse Function Summary and Mental Health Services Administration minority-serving institutions, which con- The Medicare function includes funding to tinue to make important contributions to- (SAMHSA), the Indian Health Service (IHS), administer and to provide benefits under the wards increasing the percentage of minority and the Agency for Healthcare Research and Medicare program. Medicare is a federal students gaining a college degree. Quality. health insurance program that currently The House urges the Committee on Edu- Senate-passed Resolution covers 45 million Americans aged 65 and cation and Labor to review options for the The Senate resolution calls for a total of older, as well as younger adults who are dis- student loan program that will maintain a $385.4 billion in BA and $389.2 billion in out- abled or suffer from end-stage renal disease. role for FFELP lenders in the student loan lays for 2010, and for $1.9 trillion in BA and Congress provides an annual appropriation program, and to look to ways to achieve sav- outlays over five years. for the costs of administering Medicare, in- ings that capitalize on current infrastruc- The Senate resolution includes increased cluding resources to conduct program integ- ture and minimize the disruption to students funding above the 2010 baseline level con- rity activities to guard against improper and the employees of FFELP lenders who sistent with the President’s health priorities payments, fraud, and abuse. The remainder currently serve 75 percent of loans at Amer- for NIH, HRSA, CDC, IHS, and FDA. Signifi- of spending in this function is mandatory ican colleges, universities, and community cant increases for Community Health Cen- and reflects payments to health care pro- colleges. ters, health professions, and the National viders and private insurance plans, as well as The House resolution continues to support Health Service Corps within HRSA are also beneficiary premiums and other receipts and two-year advance funding for the Corpora- included. Increases above the President’s re- payments to the Medicare trust funds, under tion for Public Broadcasting, and recognizes quest are also included for the Maternal and the Part A Hospital Insurance (HI) program, that public television and radio stations are Child Health Block Grant, the organ trans- the Part B Supplementary Medical Insurance experiencing financial distress as a result of plantation program, and several other pro- (SMI) program, the Part C Medicare Advan- the recession. grams. tage program, and the Part D Prescription The House resolution contains a reserve In addition, the Senate resolution contains Drug program. fund to accommodate legislation that makes several health care related deficit-neutral re- Senate-passed Resolution college more affordable, consistent with the serve funds, including reserve funds for The Senate resolution calls for a total of House pay-as-you-go rule. It also contains health care reform legislation and for im- $442.8 billion in BA and $443.0 billion in out- fiscally responsible reconciliation instruc- provements at the FDA. lays for 2010, and $2.6 trillion in BA and $2.6

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00081 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.002 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10774 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 27, 2009 trillion in outlays over five years. The man- baseline level, which reflects Medicare pay- The House budget resolution matches the datory spending levels in the Senate resolu- ment rates in effect for physicians for 2009 President’s increase in discretionary funding tion are at the CBO baseline level in all staying in effect through 2010, 2011, and at for Function 600 in order to invest in chil- years covered by the resolution. In addition, least part of 2012. However, the conference dren and meet urgent needs of low-income the Senate resolution includes a deficit-neu- agreement does not intend this assumption families and elderly and disabled people in tral reserve fund in Sec. 201(b) for legislation as a reflection of future policy. In the Sen- difficult economic times. These resources that increases the reimbursement rate for ate, legislation that would freeze physician will build upon the recently enacted Amer- Medicare physician services (and overrides a payments at current levels, provide a posi- ican Recovery and Reinvestment Act, which large payment rate cut that would otherwise tive update for physician payments, or re- provided increases in mandatory and discre- go into effect on January 1, 2010) and ad- form the Medicare physician payment sys- tionary funding for child care, child support, dresses other Medicare benefit and payment tem, whether on a temporary or permanent and assistance to needy families. issues. In addition, the Senate resolution basis, must be compliant with Sec. 301(a) or The House shares the President’s commit- also contemplates Medicare physician pay- Sec. 301(b) in this conference agreement. In ment to ending childhood hunger in the ment reform as a component of comprehen- the House, Sec. 421 of the conference agree- United States by 2015, and funding to move sive health reform and subject to the flexi- ment allows the chairman of the Budget toward that goal is provided here. The House bility of the reserve fund in Sec. 201(a). Committee to treat the additional $38 billion resolution accommodates continued eco- The discretionary spending levels in the as a current policy adjustment before evalu- nomically-driven increases in participation Senate resolution assume $25 million over ating the costs of legislation affecting Medi- in the Special Supplemental Nutrition Pro- the period 2010 to 2012 to begin addressing care physician payments for compliance gram for Women, Infants, and Children the administrative costs associated with leg- with House budget rules and procedures, as- (WIC), which is currently projected to have islation that would reduce the potential for suming the condition stated in that section 9.8 million participants in 2010. The House identity theft by requiring the Centers for is met. resolution also includes a deficit-neutral re- Medicare and Medicaid Services to remove The conference agreement includes a Sen- serve fund and additional funding to accom- Social Security numbers from Medicare ate reserve fund (Sec. 301) and a House re- modate a reauthorization of child nutrition cards. serve fund (Sec. 321) to accommodate com- programs that will improve meal quality and For 2010, the discretionary funding levels prehensive health reform legislation and re- access. in this function include a discretionary cap lated provisions, including legislation for The House resolution provides the nec- adjustment of up to $311 million for program improvements in Medicare’s system for pay- essary funding to continue rental housing as- integrity activities of the Health Care Fraud ing physicians. sistance to families, elderly, and disabled and Abuse Control (HCFAC program) to ad- INCOME SECURITY: FUNCTION 600 people who rely on assistance from the De- dress improper payments, fraud, and abuse in Function Summary partment of Housing and Urban Development the Medicare program. The Income Security function contains a (HUD). The House also recognizes the unmet House-passed Resolution range of income security programs includ- need for affordable housing, both by includ- ing: (1) major cash and in-kind means-tested ing a deficit-neutral reserve fund for the Af- The House resolution calls for a total of entitlements; (2) general retirement, dis- fordable Housing Trust Fund, and by pro- $449.7 billion in BA and $449.8 billion in out- ability, and pension programs excluding So- viding additional discretionary resources for lays for 2010, and for $2.6 trillion in BA and cial Security and veterans’ compensation affordable housing preservation. outlays over five years. programs; (3) federal and military retire- The House resolution also accommodates The House budget resolution function level ment programs; (4) unemployment com- the President’s proposal to make the Low-in- for Medicare assumes that the payment rates pensation; (5) low-income housing programs; come Home Energy Assistance Program in effect for physicians for 2009 will stay in and (6) other low-income support programs. (LIHEAP) more quickly responsive to rising effect through 2019. This assumption is con- Major federal entitlement programs in this energy costs, coupled with an increase in sistent with the President’s budget and is function include unemployment insurance, regular discretionary funding to allow the based on Congressional actions in recent food stamps, child nutrition, Temporary As- program to reach families in need. years to prevent cuts in physician payments sistance to Needy Families (TANF), foster In addition to the policies mentioned that would otherwise be required by the Sus- care, child support enforcement, child care, above, mandatory programs in Function 600 tainable Growth Rate formula. However, like Supplemental Security Income, and spending are also addressed in deficit-neutral reserve the President’s budget, the House budget res- for the refundable portion of the Earned In- funds for home visiting, structural reform of olution does not intend this assumption as a come Credit. extended unemployment benefits, and child reflection of future policy. Instead, the as- Senate-passed Resolution support. sumption represents a realistic and meaning- Conference Agreement ful benchmark against which to measure the The Senate resolution calls for a total of fiscal effects of legislation reforming the $536.6 billion in BA and $539.9 billion in out- The conference agreement includes a total Medicare physician payment system. The lays for 2010, and for $2.4 trillion in BA and of $536.7 billion in BA and $540.2 billion in House resolution includes a reserve fund outlays over five years. outlays for 2010, and $2.4 trillion in BA and The resolution provides increased funding (Sec. 314) to accommodate legislation for im- outlays over five years. for the Low-Income Home Energy Assistance provements in Medicare’s system for paying The conference agreement provides discre- Program. These funds for LIHEAP will help tionary funding increases consistent with physicians. to continue providing heating and cooling The House resolution provides a discre- President’s budget request for Function 600 assistance to over five million low-income in order to invest in children and meet ur- tionary cap adjustment of $311 million for households, including the working poor, dis- additional activities aimed at detecting and gent needs of low-income families and elder- abled persons, elderly, and families with ly and disabled people. The conference agree- preventing Medicare fraud and other im- young children. The Senate resolution con- proper payments. The Health Care Fraud and ment supports the President’s request of $3.2 tinues to support funding for the Public billion for LIHEAP in 2010. However the Abuse Control program is a joint effort of Housing Capital Fund, Hope VI Distressed the Department of Health and Human Serv- agreement also includes a discretionary cap Housing Program, Housing for the Disabled, adjustment for an additional $1.9 billion, for ices, the HHS Office of the Inspector Gen- Housing for the Elderly, and the Section 8 eral, and the Department of Justice. a total LIHEAP funding level of $5.1 billion tenant-based Housing Choice Voucher pro- if the President’s funding level of $3.2 billion Conference Agreement gram and the project-based Section 8 pro- is included in an appropriations measure. The conference agreement reflects a total gram. The resolution includes increases for These funds for LIHEAP will help to con- of $449.7 billion in BA and $449.8 billion in the Special Supplemental Nutrition Program tinue providing heating and cooling assist- outlays in 2010, and $2.6 trillion in BA and for Women, Infants, and Children (WIC). ance to over five million low-income house- $2.6 trillion in outlays over five years. In addition, the Senate resolution includes holds, including the working poor, disabled For 2010, the discretionary spending levels deficit-neutral reserve funds for improve- persons, elderly, and families with young in this function are $5 million above the ments to child welfare, child support en- children. President’s request. Over five years, the dis- forcement, foster care financing, and The conference agreement accommodates cretionary funding in this function assumes LIHEAP, as well as for the reauthorization funding for increases in participation in the $25 million to begin addressing the adminis- of the child nutrition and WIC programs, and Special Supplemental Nutrition Program for trative costs associated with legislation that for establishing or expanding early childhood Women, Infants, and Children (WIC), which would reduce the potential for identity theft home visitation programs. is currently projected to have 9.8 million by requiring the Centers for Medicare and House-passed Resolution participants in 2010. The conference agree- Medicaid Services to remove Social Security The House resolution calls for a total of ment also continues to support funding for numbers from Medicare cards. $536.2 billion in BA and $539.9 billion in out- important housing assistance programs for The mandatory spending levels in this lays for 2010, and for $2.5 trillion in BA and low-income families, the elderly, and the dis- function assume $38 billion above the CBO outlays over five years. abled.

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00082 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.002 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10775 In addition, the conference agreement in- lion in BA and $20.4 billion in outlays for insurance need not be billed for service-con- cludes deficit-neutral reserve funds for im- 2010, and $132.4 billion in BA and $132.9 bil- nected VA care and for increased beneficiary provements to child welfare, child support lion in outlays over five years.) travel reimbursement. Once again, the Sen- enforcement, foster care financing, and The administrative budget for the SSA in- ate resolution recognizes the deep debt our LIHEAP, as well as for the reauthorization cludes resources in Function 570 (Medicare) nation owes to those who have served in de- of the child nutrition and WIC programs to and Function 600 (Income Security) as well fending our country and continues to provide help meet the President’s goal of ending as Function 650. The House resolution as- critical resources to ensure that they get the childhood hunger in the United States, and sumes an $11.6 billion funding level for the quality health care they deserve. for establishing or expanding home visita- administrative expenses at the SSA, the In addition, the Senate resolution under- tion programs. same as the President’s budget level. The in- stands that there is an urgent need for fund- SOCIAL SECURITY: FUNCTION 650 creased resources will enable SSA to address ing of grants for State Veterans Cemeteries Function Summary the rising number of disability and retire- with the aging of the WWII generation. Un- ment claims, as well as address the serious fortunately, funding levels have not kept up The Social Security function includes backlog of disability claims and hearings with need. Therefore, the Senate resolution funding for the Old-Age, Survivors, and Dis- and provide for improved service to the supports adequate funding that can address ability Insurance (OASDI) programs, which American public. the costs of constructing new cemeteries as provide earned Social Security benefits to Included in the total funding level above well as the needs of existing State Veterans over 52 million eligible retired workers, dis- are resources to accommodate $485 million Cemeteries. abled persons, and their spouses and sur- through an adjustment of the discretionary House-passed Resolution vivors. In addition, this function provides allocation for program integrity initiatives. funding to the Social Security Administra- The adjustment allows the SSA to conduct The House resolution calls for a total of tion (SSA) and the Office of the Inspector an increasing number of Continuing Dis- $106.4 billion in BA and $105.5 billion in out- General (OIG) to administer the Social Secu- ability Reviews (CDRs) and Supplemental lays for 2010, and for $557.7 billion in BA and rity program and ensure program integrity. Security Income (SSI) redeterminations. The $554.6 billion in outlays over five years. The Under provisions of the Congressional language also allows funding of up to $34 mil- total BA level for 2010 includes discretionary Budget Act and the Budget Enforcement lion of the $485 million allocation adjust- BA of $53.3 billion. Act, the Old-Age and Survivors Insurance ment to be used for asset verification for SSI The 2009 level of discretionary BA includes (OASI) trust fund and the Disability Insur- recipients, but only if it has a return on in- $1.6 billion in emergency appropriations ance (DI) trust fund are off-budget and do vestment at least as high as a low-priority from the American Recovery and Reinvest- not appear in the budget resolution totals. A SSI redetermination of eligibility, at a 4:1 ment Act and other legislation. For 2010, the small portion of spending in Function 650, return. House resolution provides $5.5 billion (11.5 the general fund transfer of income taxes on percent) more discretionary BA than the 2009 Conference Agreement Social Security benefits to the trust funds level (excluding emergency funding) and $540 and outlays resulting from funding author- For the unified budget, the conference million (1.0 percent) more than the Presi- ized in the American Recovery and Reinvest- agreement calls for $703.4 billion in BA and dent’s 2010 budget. ment Act of 2009, is considered on-budget and $701.4 billion in outlays for 2010, and $3.8 tril- The House resolution emphasizes the high appears in the budget resolution totals. lion in BA and outlays over five years. (The priority that the House places on continuing Senate-passed Resolution conference agreement provides only the on- to provide sufficient and timely funding for budget amounts, which are $20.3 billion in The Senate resolution calls for $20.3 billion veterans’ health care. The House resolution BA and $20.4 billion in outlays for 2010, and provides full funding to support excellent in on-budget BA and $20.4 billion in on-budg- $132.4 billion in BA and $132.9 billion in out- et outlays for 2010, and $132.4 billion in on- health care for veterans. It includes funding lays over five years.) to restore health care eligibility to addi- budget BA and $132.9 billion in on-budget For 2010, the conference agreement pro- outlays over five years. (The corresponding tional non-disabled veterans with modest in- vides total net discretionary resources for comes (Priority Group 8), consistent with figures on a unified basis are $703.4 billion in the administrative expenses of SSA (across BA and $701.4 billion in outlays for 2010 and the President’s budget. In addition, the all relevant functions) of $11.6 billion, meet- House resolution provides funding above the $3.8 trillion in BA and outlays over five ing the President’s requested level. The total years.) This spending reflects the general 2009 levels for VA to research and treat men- SSA funding level in the conference agree- tal health, post-traumatic stress disorder fund transfer of income taxes on Social Secu- ment assumes the President’s full request for rity benefits to the trust funds and the out- (PTSD), and traumatic brain injury. In par- a cap adjustment for program integrity ef- ticular, the House resolution recognizes the lay effect of funding for the Social Security forts (including CDRs, SSI redeterminations Administration (SSA) that was authorized in importance of ensuring adequate funding for and SSI asset verification). It also reflects neuropsychiatric-PTSD staff and research. the American Recovery and Reinvestment the President’s full request for more re- Act of 2009. The House resolution affirms that VA is sources to address the serious backlog of dis- not and should not be authorized to bill pri- For 2010, the Senate resolution provides ability claims and hearings, as well as other $6.1 billion in BA and $5.9 billion in off-budg- vate insurance companies for treatment of backlog workloads for which additional re- health conditions that are related to vet- et discretionary outlays for SSA administra- sources are needed. tive expenses, as outlined in section 102(c) of erans’ military service. VA already is au- the resolution, which matches the Presi- VETERANS BENEFITS AND SERVICES: thorized to bill such companies for treat- dent’s budget request. When combined with FUNCTION 700 ment of conditions that are not service-con- funding resources in Function 570 (Medicare) Function Summary nected. The House resolution adds $540 mil- and Function 600 (Income Security), the Function 700 covers the programs of the lion to the President’s strong budget for vet- total administrative budget for SSA assumed Department of Veterans Affairs (VA), includ- erans to safeguard the provision of health in the Senate resolution is $11.6 billion. This ing veterans’ medical care, compensation care if, using existing authorities, VA does substantial increase over the FY09 level is and pensions, education and rehabilitation not realize the level of increase in these intended to help address the serious and un- benefits, and housing programs. It also in- medical care collections that is estimated in acceptable backlog of Social Security dis- cludes the Department of Labor’s Veterans’ the President’s budget. ability claims and hearings, as well as other Employment and Training Service, the Conference Agreement backlog workloads for which additional re- United States Court of Appeals for Veterans The conference agreement calls for a total sources are needed. Claims, and the American Battle Monuments of $106.5 billion in BA and $105.6 billion in The discretionary funding levels in the Commission. More than 99 percent of appro- outlays for 2010, and $558.4 billion in BA and Senate resolution assume a discretionary priated veterans’ funding goes to VA, and $555.3 billion in outlays over five years. The cap adjustment of $485 million to fund addi- more than 85 percent of this funding is for conference agreement provides an 11.7 per- tional continuing disability reviews and Sup- VA medical care and hospital services. cent increase for discretionary BA for vet- plemental Security Income redetermina- Senate-passed Resolution erans’ health care and other services (exclud- tions, if appropriators provide a base funding The Senate resolution calls for a total of ing emergency funding), and continues that level for these program integrity initiatives $106.5 billion in BA and $105.6 billion in out- commitment by increasing discretionary of $273 million. lays for 2010, and $557.6 billion in BA and funding for the Department of Veterans Af- House-passed Resolution $554.5 billion in outlays over five years. The fairs (VA) and related agencies by more than For the unified budget, the House resolu- Senate resolution provides a $5.6 billion in- $27 billion over the next five years. The de- tion calls for a total of $703.4 billion in BA crease for the VA in 2010, and continues that crease in mandatory BA and outlays between and $701.4 billion in outlays for 2010, and for commitment by increasing funding for the 2011 and 2012 reflects the timing of monthly $3.8 trillion in BA and outlays over five VA by $27 billion over the next five years. benefit payments—primarily, disability com- years. (The budget resolution provides only The Senate resolution also provides addi- pensation and pensions—in any given fiscal the on-budget amounts, which are $20.3 bil- tional resources to the VA so that veterans’ year. It is not the result of any reduction in

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00083 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.002 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10776 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 27, 2009 benefits. As a result, 2011 includes 13 benefit The Senate resolution includes funding to ice providers, housing providers, and devel- payment dates, while 2012 contains only 11 protect children by funding Adam Walsh opers to leverage existing resources and cre- benefit payment dates. Child Protection and Safety Act programs. ate housing solutions that meet victims’ The conference agreement includes funding The Senate resolution also provides re- need for long-term housing. Helping victims to restore health care eligibility to addi- sources to support the Administration’s ef- remain safe and stable over time is critical tional non-disabled veterans with modest in- forts to combat drug, gun, and cash smug- since victims of domestic violence often re- comes (Priority Group 8), consistent with gling by cartels and for addressing potential turn to their abusers because they cannot the President’s budget. In addition, the spillover violence along the Southern border. find long-term housing. agreement provides funding above the 2009 House-passed Resolution Finally, the conference agreement provides levels for VA to research and treat mental additional funding to support the President’s The House resolution calls for a total of health, post-traumatic stress disorder, and initiative to combat violence along the U.S.- $52.9 billion in BA and $51.6 billion in outlays traumatic brain injury. The conference Mexico border. for 2010, and for $268.3 billion in BA and $271.2 agreement supports increasing the number of GENERAL GOVERNMENT: FUNCTION 800 billion in outlays over five years. healthcare professionals in the Veterans The House budget resolution provides sig- Function Summary Health Administration (VHA) to meet the nificant resources for our federal and local The General Government function consists needs of the expanding number of veterans law enforcement programs, matching the of the activities of the Legislative Branch, and to fill vacant healthcare professional po- level in the President’s budget. The House the Executive Office of the President, gen- sitions at VHA. The conference agreement resolution provides increased funding for the eral tax collection and fiscal operations of supports enhanced incentives for healthcare Federal Bureau of Investigation (FBI) as it the Department of the Treasury (including professionals of the VHA who serve in rural meets the country’s domestic crime fighting, the IRS), the Office of Personnel Manage- areas and increases to veterans beneficiary financial fraud investigation, and national ment, the property and personnel costs of travel reimbursement. The conference agree- security needs. In addition, the House resolu- the General Services Administration, and ment also provides additional resources to tion supports the Department of Justice’s general purpose fiscal assistance to states, the VA so that veterans’ private insurance programs and initiatives that hire and equip localities, the District of Columbia, and U.S. need not be billed for service-connected VA police officers, combat drugs, protect juve- territories. care, and the agreement affirms that VA is niles, and that provide other important serv- Senate-passed Resolution not and should not be authorized to bill pri- ices to our communities. For example, the The Senate resolution calls for a total of vate insurance companies for treatment of Community Oriented Policing Services $22.3 billion in BA and $23.0 billion in outlays health conditions that are related to vet- (COPS) program includes hiring grants for for 2010, and $112.8 billion in BA and $116.5 erans’ military service. new police officers, the Edward Byrne Memo- billion in outlays over five years. In addition, the conference agreement rec- The Senate resolution supports enhanced ognizes that there is an urgent need to open rial Justice Assistance Grant (Byrne JAG) provides flexible resources to our commu- Internal Revenue Service (IRS) tax enforce- new national and State Veterans Cemeteries ment to address the tax gap. The resolution with the aging of the WWII generation. Un- nities to meet a variety of their criminal jus- tice needs, and the State Criminal Alien As- fully funds the President’s budget request for fortunately, funding levels for grants for the IRS and includes the President’s request State Veterans Cemeteries have not kept up sistance Program (SCAAP) reimburses states and localities for their incarceration costs— for additional resources for IRS enforce- with the need. Therefore, the conference ment. By including a discretionary cap ad- agreement supports adequate funding that and the House resolution recognizes the im- portance of these and other programs. justment of $890 million, the budget resolu- can address the costs of constructing new tion would direct approximately $8 billion to cemeteries as well as the needs of existing Conference Agreement IRS enforcement activities. A similar cap State Veterans Cemeteries. The conference agreement calls for a total adjustment was included in the 2009 budget Sections 402 and 424 of the conference of $53.4 billion in BA and $52.0 billion in out- resolution. agreement include language exempting the lays for 2010, and for $268.8 billion BA and The Senate resolution assumes that rates following VA accounts from a point of order $271.7 billion in outlays over five years. The of compensation for civilian employees of against advance appropriations: Medical conference agreement provides significant the United States should be adjusted at the Services, Medical Support and Compliance, resources for federal and local law enforce- same time, and in the same proportion, as and Medical Facilities. ment programs. The conference agreement are rates of compensation for members of the ADMINISTRATION OF JUSTICE: provides increased funding for the Federal uniformed services. FUNCTION 750 Bureau of Investigation (FBI) as it meets the House-passed Resolution Function Summary country’s domestic crime fighting, financial The House resolution calls for a total of fraud investigation, and national security The Administration of Justice function in- $22.0 billion in BA and $22.8 billion in outlays needs. for 2010, and for $113.2 billion in BA and $116.8 cludes funding for federal law enforcement The conference agreement supports the De- activities at the Department of Justice billion in outlays over five years. partment of Justice’s programs and initia- The House budget resolution includes a (DOJ) including criminal investigations by tives that hire and equip police officers and the Federal Bureau of Investigation (FBI) program integrity initiative to increase IRS that provide other important services to our tax compliance efforts to collect unpaid and the Drug Enforcement Agency (DEA). communities. For example, the conference The function also includes funding for border taxes. In a change from previous years, the agreement supports drug control efforts in amounts included within the House resolu- enforcement by the Department of Homeland urban and rural areas by including funding Security (DHS). Additionally, the function tion’s adjustments for this purpose focus for High Intensity Drug Areas (HIDTA) pro- solely on amounts in IRS’s Enforcement ac- includes funding for civil rights enforcement grams and drug interdiction efforts carried and prosecution; federal block, categorical, count. The House resolution assumes the full out by both the Departments of Justice and level for IRS activities proposed by the and formula law enforcement grant pro- Homeland Security. In addition, the Commu- grams to state and local governments; prison President. nity Oriented Policing Services (COPS) pro- Conference Agreement construction and operation; the United gram includes hiring grants and grants to The conference agreement includes $22.0 States Attorneys; and the federal judiciary. combat methamphetamine, the Edward billion in BA and $22.8 billion in outlays for Senate-passed Resolution Byrne Memorial Justice Assistance Grant 2010, and $112.2 billion in BA and $115.9 bil- The Senate resolution calls for a total of (Byrne JAG) provides flexible resources to lion in outlays over five years. It fully funds $53.5 billion in BA and $52.1 billion in outlays our communities to meet a variety of their the President’s budget request for IRS en- for 2010, and for $260.6 billion in BA and $264.4 criminal justice needs, the State Criminal forcement activities, including additional re- billion in outlays over five years. Alien Assistance Program (SCAAP) reim- sources available through a discretionary The Senate resolution recognizes the im- burses states and localities for their incar- cap adjustment. The Senate retains an $890 portant role the partnership between federal, ceration costs, and Adam Walsh Child Pro- million discretionary cap adjustment, which state, and local law enforcement entities tection and Safety Act programs prevents would require approximately $8 billion for plays in maintaining safe communities. For crimes against children. IRS enforcement related activities. The example, the Community Oriented Policing The conference agreement includes funding House reflects an equivalent amount for en- Service (COPS) grant program provides fund- for Violence Against Women Act (VAWA) forcement activities using a cap adjustment ing that is critical in many urban and rural and Family Violence Prevention and Serv- for the Enforcement account and additional areas in maintaining police presence, car- ices Act. These funds supplement support for funding from related accounts. rying out criminal investigations, combating violence prevention and services activities. methamphetamine, and in training and In particular, the conference agreement sup- NET INTEREST: FUNCTION 900 equipping law enforcement officers. This and ports the VAWA Long-Term Stability/Hous- Function Summary other support for local law enforcement re- ing for Victims Program, which builds col- The Net Interest function is entirely man- main a priority. laborations between domestic violence serv- datory with no discretionary components. It

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00084 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.002 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10777 consists primarily of the interest paid by the ployee retirement benefits, outer conti- titled Investments in Education, the Com- federal government to private and foreign nental shelf rents and royalties, and the sale mittee on Education and Labor is instructed government holders of U.S. Treasury securi- of major assets. to report changes in laws by September 30, ties. It includes the interest on the public Senate-passed Resolution 2009, to reduce the deficit by $1 billion for debt after deducting the interest income re- the period of fiscal years 2009 through 2014. The Senate resolution calls for unified un- ceived by the federal government from trust Reconciliation instructions do not preclude distributed offsetting receipts of ¥$83.6 bil- fund investments, loans and cash balances, the consideration of legislation in these pol- lion in BA and outlays for 2010 and ¥$456.2 and earnings of the National Railroad Re- icy areas under regular order. billion in BA and outlays over five years. tirement Investment Trust. Procedural language included in section (The on-budget totals for BA and outlays are 201(c) of the House resolution permits but Senate-passed Resolution ¥$68.4 billion for 2010 and ¥$371.8 billion does not require the Clerk of the House to For the unified budget, the Senate resolu- over five years.) The Senate resolution join two separate reconciliation measures tion calls for BA and outlays of $168.8 billion matches the CBO’s baseline estimate of un- that meet the above descriptions, once one for 2010 and $1.4 trillion over five years. (The distributed offsetting receipts. such measure has passed the House, for the budget resolution provides only the on-budg- House-passed Resolution et amounts, which total $284.6 billion in BA purpose of forming a single engrossed rec- and outlays for 2010 and $2.0 trillion in BA For the unified budget, the House resolu- onciliation bill within the meaning of sec- ¥ and outlays over five years.) tion calls for a total of $83.9 billion in BA tion 310 of the Congressional Budget Act of and outlays for 2010, and for ¥$458.0 billion 1974. House-passed Resolution in BA and outlays over five years. (The budg- The House has adopted a rule relating to For the unified budget, the House resolu- et resolution provides only the on-budget reconciliation instructions (clause 7 of rule tion calls for a total of $168.3 billion in BA amounts, which are ¥$68.8 billion in BA and XXI) that requires that any reconciliation and outlays for 2010, and for $1.4 trillion in outlays for 2010, and ¥$373.5 billion in BA instruction must not increase the deficit or BA and outlays over five years. (The budget and outlays over five years.) reduce the surplus over the time periods resolution provides only the on-budget The negative spending in Function 950 rep- specified in the House pay-as-you-go rule. amounts, which are $284.1 billion in BA and resents CBO’s baseline estimate of undistrib- The reconciliation instructions provided in outlays for 2010, and $2.0 trillion in BA and uted offsetting receipts and the impact of title II of the House resolution satisfy the re- outlays over five years.) concurrent receipt policy. quirement of clause 7 of rule XXI of the Conference Agreement Conference Agreement House of Representatives. For the unified budget, the conference For the unified budget, the conference Conference Agreement agreement calls for BA and outlays of $168.4 agreement includes undistributed offsetting The conference agreement includes rec- billion for 2010 and $1.4 trillion over five receipts of ¥$83.9 billion in BA and outlays onciliation instructions. years. (The on-budget amounts are $284.2 bil- for 2010 and ¥$458.0 billion in BA and outlays For the Senate, Sec. 201 of the conference lion in BA and outlays for 2010 and $2.0 tril- over five years. (The on-budget amounts are agreement provides reconciliation instruc- lion in BA and outlays over five years.) ¥$68.8 billion in BA and outlays for 2010 and tions to the Committee on Finance and Com- ALLOWANCES: FUNCTION 920 ¥$373.5 billion in BA and outlays over five mittee on Health, Education, Labor, and Function Summary years.) Pensions to report changes in laws within their jurisdiction that reduce the deficit by The Allowances function is used for plan- OVERSEAS DEPLOYMENTS AND OTHER $1,000,000,000 each for the period of fiscal ning purposes to address the budgetary ef- ACTIVITIES: FUNCTION 970 years 2009 through 2014. The deadline for fects of proposals or assumptions that cross Function Summary these committees to report legislation com- several budget functions. Once such changes This function includes funding for overseas plying with their instructions is October 15, are enacted, the budgetary effects are dis- deployments and other activities. 2009. tributed to the appropriate budget function. Senate-passed Resolution For the House, Sec. 202 of the conference Senate-passed Resolution The Senate resolution did not include agreement provides two sets of reconcili- The Senate resolution calls for a total of Function 970. ation instructions, one intended for health ¥$16.0 billion in BA and ¥$7.0 billion in out- reform and one intended for education. The House-passed Resolution lays for 2010, and ¥$89.4 billion in BA and deadline for affected committees to report ¥$78.8 billion in outlays over five years. The House resolution includes amounts legislation complying with each set of in- House-passed Resolution equal to the President’s budget to account structions is October 15, 2009. The commit- for any future House consideration of appro- The House resolution calls for a total of tees shall report reconciliation legislation priations for overseas deployments and other directly to the House Committee on the $9.4 billion in BA and $4.9 billion in outlays activities. for 2010, and for $33.4 billion in BA and $22.6 Budget. billion in outlays over five years. Conference Agreement Sec. 202(a), for health reform, instructs the Function 920 includes a placeholder to rec- The conference agreement includes Func- Committee on Ways and Means, the Com- ognize the potential costs of disasters over tion 970 to account for the President’s pend- mittee on Energy and Commerce, and the the resolution period. It also includes a vari- ing supplemental request, other Presidential Committee on Education and Labor to report ety of savings, including savings related to requests, and an estimate of potential future changes in laws to reduce the deficit by $1.0 program integrity initiatives, savings pursu- costs of overseas deployments. billion for the period of fiscal years 2009 through 2014. Because of overlapping com- ant to reconciliation instructions, and sav- RECONCILIATION mittee jurisdictions in the House with re- ings to offset program initiatives in other Senate-passed Resolution budget functions. spect to health programs and related poli- The Senate resolution did not include any cies, the House Committee on the Budget as- Conference Agreement reconciliation instructions. sumes that legislation reported pursuant to The conference agreement calls for a total House-passed Resolution Sec. 201(a) by the three named committees of $1.2 billion in BA and $2.5 billion in out- will, in combination, result in total net def- Title II of the House resolution includes lays for 2010, and ¥$60.8 billion in BA and icit reduction of at least $1.0 billion for the reconciliation instructions. The instructions ¥$48.9 billion in outlays over five years. period of fiscal years 2009 through 2014. direct committees to make changes in laws These funding levels include a placeholder Sec. 202(b), for education, instructs the under its jurisdiction that affect revenues or for 2009 and 2010 to recognize the potential Committee on Education and Labor to report direct spending to achieve a specified budg- costs of disasters. Offsetting these amounts changes in laws to reduce the deficit by $1.0 etary result. The legislation used to imple- are other non-security discretionary adjust- billion for the period of fiscal years 2009 ment those instructions is reported as a rec- ments, savings pursuant to reconciliation in- through 2014. onciliation bill. structions, and offsets for policy in other It is assumed that reconciliation will not Section 201 of the House resolution in- budget functions. be used for changes in legislation related to cludes reconciliation instructions to com- UNDISTRIBUTED OFFSETTING global climate change. mittees assumed to be used for health care RECEIPTS: FUNCTION 950 reform and for education, but not for other RESERVE FUNDS Function Summary policies. In section 201(a), entitled Health The Senate and House use reserve funds in The Undistributed Offsetting Receipts Care Reform, the Committee on Energy and connection with consideration of legislation function includes major offsetting receipt Commerce and the Committee on Ways and that complies with each chamber’s rules. items that would distort the funding levels Means each are instructed to report changes The conference agreement therefore contains of other functional categories if they were in laws by September 29, 2009, to reduce the reserve funds for the House and for the Sen- distributed to them. Examples of such items deficit by $1 billion for the period of fiscal ate to address the rules and procedures that include the employer share of federal em- years 2009 through 2014. In section 201(b), en- apply in each chamber.

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00085 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.002 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10778 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 27, 2009 Senate-passed Resolution preserve or protect public lands, oceans or lation that would provide a sustained robust Sec. 201. Transform and modernize America’s coastal areas, by the amounts provided in federal investment in infrastructure, which health care system such legislation for those purposes, provided may include public housing, energy, water, that such legislation would not increase the transportation, including freight and pas- (a) Transform and Modernize America’s cost of producing energy from domestic senger rail, or other infrastructure projects, Health Care System: The Senate-passed reso- sources, including oil and gas from the Outer provided it is deficit-neutral over the total lution allows the Chairman of the Budget Continental Shelf or other areas; would not of 2009–2014 and 2009–2019. Committee to revise the levels in the resolu- increase the cost of energy for American The Senate-passed resolution also allows tion for one or more pieces of health reform families; would not increase the cost of en- the Chairman of the Budget Committee to legislation that expand affordable coverage, ergy for domestic manufacturers, farmers, revise the allocations to allow funding for improve health care quality and health out- fishermen, or other domestic industries; and the Denali Commission for each applicable comes, and constrain costs, provided that would not enhance foreign competitiveness fiscal year at a level equal to not less than such legislation is deficit-neutral over the against U.S. businesses. The legislation may the level of funding made available for the total of 2009–2019, reduces excess cost growth include tax provisions. Denali Commission during 2006. in health care spending, and is fiscally-sus- (b) Climate Change Legislation: Legisla- (b) Surface Transportation: The Senate tainable over the long-term. The reserve tion that would invest in clean energy tech- resolution allows the Chairman of the Budg- fund reflects the eight principles for health nology initiatives, decrease greenhouse gas et Committee to revise the levels and limits reform outlined in the President’s budget emissions (without regulating carbon diox- in the resolution for one or more pieces of and provides maximum flexibility to the au- ide, nitrogen oxide, water vapor, or methane legislation that would provide new budget thorizing Committees to determine the ap- emissions from biological processes associ- authority for surface transportation pro- propriate level of spending and the offsets ated with livestock production), create new grams to the extent such new budget author- that may be required to pay for these invest- jobs in a clean technology economy, ity is offset by an increase in receipts to the ments. strengthen the manufacturing competitive- Highway Trust Fund (excluding transfers (b) Other Revisions: The Senate-passed res- ness of the United States, diversify the do- from the general fund of the Treasury into olution allows the Chairman of the Budget mestic clean energy supply to increase the the Highway Trust Fund not offset by a simi- Committee to revise the levels in the resolu- energy security of the United States, protect lar increase in receipts), provided it is def- tion for one or more pieces of legislation in consumers (including policies that address icit-neutral over the total of 2009–2014 and the following areas, provided it is deficit- regional differences), provide incentives for 2009–2019. (c) Multimodal Transportation Projects: neutral over the total of 2009–2014 and 2009– cost-savings achieved through energy effi- The Senate resolution allows the Chairman 2019: ciencies, provide voluntary opportunities for of the Budget Committee to revise the levels (1) Physician Payments—legislation that agriculture and forestry communities to con- and limits in the resolution for one or more increases the reimbursement rate for physi- tribute to reducing the levels of greenhouse pieces of legislation that would authorize cian services under Medicare Part B. gases in the atmosphere, and help families, (2) Physician Training—legislation to en- multimodal transportation projects that— workers, communities, and businesses make (1) provide a set of performance measures; courage physicians to train in primary care the transition to a clean energy economy, residencies and ensure an adequate supply of (2) require a cost-benefit analysis be con- without increasing electricity or gasoline ducted to ensure accountability and overall residents and physicians. prices or increasing the overall burden on (3) Medicare Outpatient Therapy—legisla- project goals are met; and consumers, through the use of revenues and (3) provide flexibility for States, cities, and tion to improve the Medicare program for policies provided in such legislation. localities to create strategies that meet the beneficiaries and protect access to out- (c) Allocations: The Chairman of the Sen- needs of their communities patient therapy services (including physical ate Committee on the Budget shall not re- —provided the legislation is deficit-neutral therapy, occupational therapy, and speech- vise the allocations in this resolution if the language pathology services) while pro- over the total of 2009–2014 and 2009–2019. legislation provided for in subsections (a) or (d) Flood Control Projects: The Senate res- tecting beneficiaries from associated pre- (b) is reported from any committee pursuant olution allows the Chairman of the Budget mium increases. to section 310 of the Congressional Budget Committee to revise the levels and limits in (4) Geographic Variation—legislation to Act of 1974. the resolution for one or more pieces of legis- promote Medicare payment policies that re- Sec. 203. Higher education lation that provide for levee modernization, ward quality and efficient care and address maintenance, repair, and improvement, pro- geographic variation in spending. The Senate-passed resolution allows the Chairman of the Budget Committee to revise vided it is deficit-neutral over the total of (5) Medicare Advantage Enrollees—legisla- 2009–2014 and 2009–2019. tion to protect Medicare Advantage enroll- the levels and limits in the resolution for one or more pieces of legislation that would (e) Allowing Amtrak Passengers to Se- ees from premium increases and benefit re- curely Transport Firearms on Passenger ductions in their Medicare Advantage plans make higher education more accessible and more affordable while maintaining a com- Trains: The Senate resolution states that that would result from estimates in the 2010 none of amounts made available in the re- Medicare Advantage Call Letter. petitive student loan program that provides students and institutions of higher education serve fund authorized under this section may Sec. 202. Investing in clean energy and pre- with a comprehensive choice of loan prod- be used to provide financial assistance for serving the environment the National Railroad Passenger Corporation ucts and services which may include legisla- (Amtrak) unless Amtrak passengers are al- The Senate-passed resolution includes a tion to expand and strengthen student aid, lowed to securely transport firearms in their deficit-neutral reserve fund allowing the such as Pell grants, or increase college en- checked baggage. Chairman of the Budget Committee to revise rollment and completion rates for low in- the levels in the resolution for legislation in come students such as by investing in pro- Sec. 206. Promote economic stabilization and the following areas, provided that such legis- grams that provide need-based grants and growth lation would not increase the deficit over ei- community work study programs or provide (a) Manufacturing: The Senate-passed reso- ther the period of the total of 2009 through outreach to low-income students to prepare lution allows the Chairman of the Budget 2014 or the period of the total of 2009 through for college, provided it is deficit-neutral over Committee to revise the levels and limits in 2019. the total of 2009–2014 and 2009–2019. This may the resolution for one or more pieces of legis- (a) Investing in Clean Energy and Pre- include tax legislation. lation that would revitalize and strengthen serving the Environment: Legislation that Sec. 204. Child nutrition and WIC the United States domestic manufacturing would reduce our Nation’s dependence on im- sector by increasing Federal research and de- ported energy including through expanded The Senate-passed resolution allows the velopment, by expanding the scope and effec- offshore oil and gas production in the Outer Chairman of the Budget Committee to revise tiveness of manufacturing programs across Continental Shelf, produce green jobs, pro- the levels in the resolution for one or more the Federal Government, by increasing ef- mote renewable energy development, pieces of legislation that would reauthorize forts to train and retrain manufacturing strengthen and retool manufacturing supply child nutrition programs and/or the Special workers, by enhancing workers’ technical chains, create a clean energy investment Supplemental Nutrition Program for skills in the use of the new advanced manu- fund, improve electricity transmission, en- Women, Infants, and Children (the WIC pro- facturing technologies to produce competi- courage conservation and efficiency (includ- gram), provided it is deficit-neutral over the tive energy efficient products, by increasing ing through industrial energy efficiency pro- total of 2009–2014 and 2009–2019. support for sector workforce training, by in- grams), make improvements to the Low In- Sec. 205. Investments in America’s infrastruc- creasing support for the redevelopment of come Home Energy Assistance Program, set ture closed manufacturing plants, by increasing aside additional funding from the Oil Spill (a) Infrastructure: The Senate-passed reso- support for development of alternative fuels Liability Trust Fund for Arctic oil spill re- lution allows the Chairman of the Budget and leap-ahead automotive and energy tech- search conducted by the Oil Spill Recovery Committee to revise the levels and limits in nologies such as advanced batteries, or by es- Institute, implement water settlements, or the resolution for one or more pieces of legis- tablishing tax incentives to encourage the

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00086 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.002 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10779 continued production in the United States of in rural areas), provided such legislation is products to cover the cost of the Food and advanced technologies and the infrastructure deficit-neutral over the total of 2008–2013 and Drug Administration’s regulatory activities, to support such technologies, provided it is 2008–2018. provided it is deficit-neutral over the total deficit-neutral over the total of 2009–2014 and Sec. 208. Judicial pay and judgeships and of 2009–2014 and 2009–2019. 2009–2019. postal retiree assistance (b) Drug Importation: The Senate resolu- (b) Tax Relief: The Senate resolution al- tion allows the Chairman of the Budget Com- (a) Judicial Pay and Judgeships: The Sen- lows the Chairman of the Budget Committee mittee to revise the levels in the resolution ate-passed resolution allows the Chairman of to revise the levels in the resolution for leg- for one or more pieces of legislation that the Budget Committee to revise the levels in islation that would provide tax relief includ- would permit the safe importation of pre- the resolution for one or more pieces of legis- ing, but not limited to, extensions of expir- scription drugs approved by the Food and lation that authorize salary adjustments for ing and expired tax relief provisions, pro- Drug Administration from a specified list of justices and judges of the United States or vided it is deficit-neutral over the total of countries, provided it is deficit-neutral over increases the number of federal judgeships, 2009–2014 and 2009–2019. the total of 2009–2014 and 2009–2019. provided it is deficit-neutral over the total (c) Tax Reform: The Senate resolution al- (c) Food Safety: The Senate resolution al- of 2009–2014 and 2009–2019. lows the Chairman of the Budget Committee lows the Chairman of the Budget Committee (b) Postal Retirees: The Senate resolution to revise the levels in the resolution for leg- to revise the levels in the resolution for one allows the Chairman of the Budget Com- islation that would reform the Internal Rev- or more pieces of legislation that would im- mittee to revise the levels in the resolution enue Code to ensure a sustainable revenue prove the safety of the food supply in the for one or more pieces of legislation relating base that would lead to a fairer and more ef- United States, provided it is deficit-neutral to funding adjustments for United States ficient tax system and to a more competitive over the total of 2009–2014 and 2009–2019. business environment for United States en- Postal Service retiree health coverage, pro- vided it is deficit-neutral over the total of Sec. 212. Bipartisan Congressional Sunset terprises, provided it is deficit-neutral over Commission the total of 2009–2014 and 2009–2019. 2009–2014 and 2009–2019. (d) Flood Insurance Reform: The Senate Sec. 209. Defense acquisition and contracting The Senate-passed resolution allows the resolution allows the Chairman of the Budg- reform Chairman of the Budget Committee to revise the levels in the resolution for one or more et Committee to revise the levels in the reso- The Senate resolution allows the Chairman pieces of legislation that— lution for one or more pieces of legislation of the Budget Committee to revise the levels (1) provide for a bipartisan congressional that would provide for flood insurance re- in the resolution for one or more pieces of sunset commission that will review Federal form and modernization, provided it is def- legislation that would— programs, focusing on unauthorized and non- icit-neutral over the total of 2009–2014 and (1) enhance the capability of the Federal performing programs; 2009–2019. acquisition or contracting workforce to (2) provide for a process that will help abol- (e) Trade: The Senate resolution allows the achieve better value for taxpayers; ish obsolete and duplicative Federal pro- Chairman of the Budget Committee to revise (2) reduce the use of no-bid and cost-plus grams; the levels in the resolution for one or more contracts; (3) provide for improved government ac- pieces of legislation related to trade, pro- (3) reform Department of Defense processes countability and greater openness in govern- vided it is deficit-neutral over the total of for acquiring weapons systems in order to re- ment decision-making; and 2009–2014 and 2009–2019. duce costs, improve cost and schedule esti- (4) provide for a process that ensures that (f) Housing Assistance: The Senate resolu- mation, enhance developmental testing of Congress will consider the commission’s re- tion allows the Chairman of the Budget Com- weapons, or increase the rigor of reviews of ports and recommendations mittee to revise the levels and limits in the programs that experience critical cost resolution for one or more pieces of legisla- growth; —provided that such legislation would not tion related to housing assistance, which (4) reduce the award of contracts to con- increase the deficit over either the period of may include low income rental assistance tractors with seriously delinquent tax debts; the total of 2009 through 2014 or the period of and assistance provided through the Housing (5) reduce the use of contracts, including the total of 2009 through 2019. Trust Fund created under section 1131 of the the continuation of task orders, awarded Sec. 213. Improving domestic fuels security Housing and Economic Recovery Act of 2008, under the Logistics Civil Augmentation Pro- The Senate-passed resolution allows the and legislation that allows for a temporary gram (LOGCAP) III; Chairman of the Budget Committee to revise suspension of the 10 percent tax penalty on (6) reform Department of Defense processes the levels in the resolution for one or more early withdrawal from qualified retirement for acquiring services in order to reduce pieces of legislation that would achieve do- accounts, provided it is deficit-neutral over costs, improve costs and schedule esti- mestic fuels security by authorizing the De- the total of 2009–2014 and 2009–2019. mation, enhance oversight, or increase the partment of Defense to procure alternative (g) Unemployment Mitigation: The Senate rigor of reviews of programs that experience fuels from domestic sources under contracts resolution allows the Chairman of the Budg- critical cost growth; for up to 20 years, provided that procurement et Committee to revise the levels in the reso- (7) reduce the use of contracts for acquisi- is consistent with section 526 of the Energy lution for one or more pieces of legislation tion, oversight, and management support Independence and Security Act of 2007 (Pub- that would reduce the unemployment rate or services; or lic Law 110–140), and provided that such leg- provide assistance to the unemployed, par- (8) enhance the capability of auditors and islation would not increase the deficit over ticularly in the states and localities with the inspectors general to oversee Federal acqui- either the period of the total of 2009 through highest rates of unemployment, or improve sition and procurement; 2014 or the period of the total of 2009 through the implementation of the unemployment —provided the legislation is deficit-neutral 2019. compensation program, provided it is deficit- over the total of 2009–2014 and 2009–2019. neutral over the total of 2009–2014 and 2009– Sec. 214. Comprehensive investigation into the 2019. Sec. 210. Investments in our nation’s counties current financial crisis and schools Sec. 207. America’s veterans and wounded The Senate resolution allows the Chairman servicemembers The Senate-passed resolution allows the of the Budget Committee to revise the levels Chairman of the Budget Committee to revise and limits in the resolution for one or more The Senate-passed resolution includes a re- the levels in the resolution for one or more pieces of legislation that provide resources serve fund allowing the Chairman of the pieces of legislation that would reauthorize for a comprehensive investigation to deter- Budget Committee to revise the levels in the the Secure Rural Schools and Community mine the cause of the current financial cri- resolution for legislation that would expand Self Determination Act of 2000 (Public Law sis, hold those responsible accountable, and the number of disabled military retirees who 106–393), make changes to the Payments in provide recommendations to prevent another receive both disability compensation and re- Lieu of Taxes Act of 1976 (Public Law 94–565), financial crisis of this magnitude from oc- tired pay, accelerate the phase-in of concur- or both, provided that such legislation would curring again, provided it is deficit-neutral rent receipt, eliminate the offset between not increase the deficit over either the pe- over the total of 2009–2014 and 2009-2019. Survivor Benefit Plan annuities and Vet- riod of the total of 2009 through 2014 or the erans’ Dependency and Indemnity Compensa- Sec. 215. Increased transparency at the federal period of the total of 2009 through 2019. tion, enhance servicemember education ben- reserve efits for members of the National Guard and Sec. 211. The Food and Drug Administration The Senate-passed resolution allows the Reserve by ensuring those benefits keep pace (a) Regulation: The Senate-passed resolu- Chairman of the Budget Committee to revise with the national average cost of tuition, tion allows the Chairman of the Budget Com- the levels and limits in the resolution for provide for the payment of retired pay for mittee to revise the levels in the resolution one or more pieces of legislation that in- members of the Alaska Territorial Guard for one or more pieces of legislation that crease transparency at the Federal Reserve who served in the Alaska Territorial Guard would authorize the Food and Drug Adminis- System, including audits of the Board of during and after World War II, or expand vet- tration to regulate products and assess user Governors of the Federal Reserve System erans’ benefits (including for veterans living fees on manufacturers and importers of those and the Federal reserve banks, to include—

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00087 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.002 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10780 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 27, 2009 (1) an evaluation of the appropriate num- Sec. 220. Address the systemic inequities of Family Violence Prevention and Services ber and the associated costs of Federal re- Medicare and Medicaid reimbursement Act, and other related programs, provided serve banks; that lead to access problems in rural areas that such legislation is deficit-neutral over (2) publication on its website, with respect The Senate-passed resolution allows the the total of 2009–2014 and 2009–2019. to all lending and financial assistance facili- Chairman of the Budget Committee to revise Sec. 226. Ending abusive no-bid contracts ties created by the Board to address the fi- the levels in the resolution for one or more The Senate resolution allows the Chairman nancial crisis, of— pieces of legislation that address the sys- of the Budget Committee to revise the levels (a) the nature and amounts of the collat- temic inequities of Medicare and Medicaid eral that the central bank is accepting on be- in the resolution for one or more pieces of reimbursement that lead to access problems legislation that would end abusive no-bid half of American taxpayers in the various in rural areas, including access to primary lending programs, on no less than a monthly contracts by requiring all Federal contracts care and outpatient services, hospitals, and over $25,000 to be competitively bid provided basis; an adequate supply of providers in the work- (b) the extent to which changes in valu- the legislation is deficit-neutral over the force, provided that it is deficit-neutral over ation of credit extensions to various special total of 2009–2014 and 2009–2019. the total of 2009–2014 and 2009–2019. purpose vehicles, such as Maiden Lane I, Sec. 227. Home visitation programs Maiden Lane II, and Maiden Lane III, are a Sec. 221. Carbon capture and storage and ad- The Senate-passed resolution allows the result of losses on collateral which will not vanced clean coal power generation re- Chairman of the Budget Committee to revise be recovered; search, development, demonstration, and the levels in the resolution for one or more (c) the number of borrowers that partici- deployment pieces of legislation that would provide pate in each of the lending programs and de- The Senate-passed resolution allows the funds to States to establish or expand qual- tails of the credit extended, including the ex- Chairman of the Budget Committee to revise ity programs of early childhood home visita- tent to which the credit is concentrated in the levels in the resolution for one or more tion that increase school readiness, child one or more institutions; and pieces of legislation that would accelerate abuse and neglect prevention, and early iden- (d) information on the extent to which the the research, development, demonstration, tification of developmental and health central bank is contracting for services of and deployment of advanced technologies to delays, provided it is deficit-neutral over the private sector firms for the design, pricing, capture and store carbon dioxide emissions total of 2009–2014 and 2009–2019. management, and accounting for the various from coal-fired power plants and other indus- Sec. 228. 21st Century learning centers lending programs and the terms and nature trial emission sources and to use coal in an The Senate-passed resolution allows the of such contracts and bidding processes; and environmentally acceptable manner, pro- Chairman of the Budget Committee to revise (3) including the identity of each entity to vided that such legislation would not in- the levels and limits in the resolution for which the Board has provided all loans and crease the deficit over either the period of one or more pieces of legislation that would other financial assistance since March 24, the total of 2009 through 2014 or the period of increase funding for the 21st Century Com- 2008, the value or amount of that financial the total of 2009 through 2019. munity Learning Centers program, provided assistance, and what that entity is doing Sec. 222. Expenditure of remaining TARP with such financial assistance that such legislation is deficit-neutral over funds the total of 2009–2014 and 2009–2019. —provided it is deficit-neutral over the total The Senate-passed resolution allows the of 2009–2014 and 2009–2019. Sec. 229. Extending top tax brackets for indi- Chairman of the Budget Committee to revise viduals with majority small business in- Sec. 216. Improving child welfare the levels and limits in the resolution for come The Senate-passed resolution allows the one or more pieces of legislation that reaf- The Senate-passed resolution includes a re- Chairman of the Budget Committee to revise firm that the remaining Troubled Asset Re- serve fund allowing the Chairman of the the levels in the resolution for one or more lief Program funds shall be used to save Budget Committee to revise the levels in the pieces of legislation that would make im- homes, save small businesses, help the mu- resolution for legislation that would extend provements to child welfare programs, in- nicipal bond market, make credit more wide- the top tax brackets of 33 percent and 35 per- cluding strengthening the recruitment and ly available, and provide additional re- cent for individuals receiving more than 50 retention of foster families, or make im- sources for the Special Inspector General for percent of income from small business, pro- provements to the child support enforcement the Troubled Asset Relief Program, the Con- vided such legislation is deficit-neutral over program, provided it is deficit-neutral over gressional Oversight Panel, and the Govern- the total of 2009–2014 and 2009–2019. the total of 2009–2014 and 2009–2019. ment Accountability Office for vigorous audit and evaluation of all expenditures and Sec. 230. Pension coverage for employees of Sec. 217. Long-term stability/housing for vic- Department of Energy laboratories and tims commitments made under the Troubled Asset Relief Program, by the amounts pro- environmental cleanup sites The Senate-passed resolution allows the The Senate-passed resolution includes a Chairman of the Budget Committee to revise vided it is deficit-neutral over the total of 2009–2014 and 2009–2019. deficit-neutral reserve fund allowing the the levels and limits in the resolution for Chairman of the Budget Committee to revise Sec. 223. Prohibiting undeserved contracting one or more pieces of legislation that would the levels in the resolution for legislation performance bonuses fully fund the Long-Term Stability/Housing that would authorize funding to cover the for Victims Program under the Violence The Senate-passed resolution allows the full cost of pension obligations for current Against Women Act, by the amounts pro- Chairman of the Budget Committee to revise and past employees of laboratories and envi- vided in that legislation for those purposes, the levels and limits in the resolution for ronmental cleanup sites under the jurisdic- provided it is deficit-neutral over the total one or more pieces of legislation that would tion of the Department of Energy (including of 2009–2014 and 2009–2019. prohibit federally funded bonuses awarded to benefits paid to security personnel) in a Sec. 218. Providing a tax credit for the pur- contractors and government executives re- manner that does not impact the missions of chase of a principal residence sponsible for over budget projects and pro- those laboratories and environmental clean- The Senate-passed resolution includes a re- grams that fail to meet basic performance up sites. requirements, provided it is deficit-neutral serve fund allowing the Chairman of the Sec. 231. Resources for firefighters and fire de- over the total of 2009–2014 and 2009–2019. Budget Committee to revise the levels in the partments resolution for legislation that would provide Sec. 224. Eliminating wasteful programs The Senate resolution allows the Chairman a non-refundable tax credit in the amount of The Senate-passed resolution includes a re- of the Budget Committee to revise the levels the lesser of $15,000 or 10 percent of the pur- serve fund allowing the Chairman of the and limits in the resolution for one or more chase price for the purchase of a principal Budget Committee to revise the levels in the pieces of legislation that provide firefighters residence for the period of one year, provided resolution for legislation that would achieve and fire departments with critical resources such legislation is deficit-neutral over the savings by eliminating wasteful, inefficient, under FEMA Assistance to Firefighters total of 2009–2014 and 2009–2019. and duplicative programs, provided that such Grant and Staffing for Adequate Fire and Sec. 219. Monitoring of FHA-insured lending legislation is deficit-neutral over the total of Emergency Response Firefighters Grant pro- The Senate-passed resolution allows the 2009–2014 and 2009–2019. grams, provided it is deficit-neutral over the Chairman of the Budget Committee to revise Sec. 225. Violence Against Women Act and the total of 2009–2014 and 2009–2019. the levels and limits in the resolution for Family Violence Prevention and Service Sec. 232. Increased use of recovery audits one or more pieces of legislation that would Act The Senate-passed resolution includes a re- increase the capacity of the Inspector Gen- The Senate-passed resolution includes a re- serve fund allowing the Chairman of the eral of the Department of Housing and Urban serve fund allowing the Chairman of the Budget Committee to revise the levels in the Development to investigate cases of mort- Budget Committee to revise the levels in the resolution for legislation that would achieve gage fraud of Federal Housing Administra- resolution for legislation that would provide savings by requiring agencies to increase tion loans, provided it is deficit-neutral over resources for programs administered through their use of recovery audits and use those the total of 2009–2014 and 2009–2019. the Violence Against Women Act and the savings to reduce the deficit.

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00088 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.002 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10781 Sec. 233. Repealing 1993 income tax on Social sonal income taxes, provided such legislation Sec. 246. Wildland fire management activities Security benefits is deficit-neutral over the total of 2009–2014 The Senate-passed resolution allows the The Senate-passed resolution includes a re- and 2009–2019. Chairman of the Budget Committee to revise serve fund allowing the Chairman of the Sec. 239. Setting performance standards to the levels in the resolution for legislation Budget Committee to revise the levels in the identify failing government programs that would— resolution for legislation that would repeal The Senate-passed resolution includes a re- (1) allow wildland fire management funds the 1993 increase in the income tax on social serve fund allowing the Chairman of the for hazardous fuels reduction and hazard security benefits, provided such legislation Budget Committee to revise the levels in the mitigation activities in areas at high risk of is deficit-neutral over the total of 2009–2014 resolution for legislation that would set per- catastrophic wildfire to be distributed to and 2009–2019. formance standards to identify failing gov- areas demonstrating highest priority needs, Sec. 234. Increasing the amount of capital ernment programs, provided that such legis- as determined by the Chief of the Forest losses allowed to individuals lation is deficit neutral over the total 2009– Service, and (2) provide that no State matching funds The Senate-passed resolution includes a re- 2014 and 2009–2019. are required for the activities described in serve fund allowing the Chairman of the Sec. 240. Expediting research on viability of paragraph (1) Budget Committee to revise the levels in the using higher ethanol blends at service sta- resolution for legislation that would increase tions —provided that such legislation would not the amount of capital losses allowed to indi- The Senate-passed resolution allows the increase the deficit over either the period of viduals, provided such legislation is deficit- Chairman of the Budget Committee to revise the total of 2009 through 2014 or the period of neutral over the total of 2009–2014 and 2009– the levels in the resolution for legislation the total of 2009 through 2019. 2019. that would expedite research at the Depart- Sec. 247. Increasing the estate tax exemption Sec. 235. Foster care financing reform ment of Energy and the Environmental Pro- and lowering the maximum estate tax rate The Senate-passed resolution allows the tection Agency on the viability of the use of The Senate-passed resolution includes a re- Chairman of the Budget Committee to revise higher ethanol blends at the service station serve fund allowing the Chairman of the the levels in the resolution for one or more pump, provided that such legislation would Budget Committee to revise the levels in the pieces of legislation that would— not increase the deficit over either the pe- resolution for legislation that would estab- (1) change the Federal foster care payment riod of the total of 2009 through 2014 or the lish the estate tax exemption at $5 million, system; period of the total of 2009 through 2019. indexed for inflation, set the maximum es- (2) promote and improve family support, Sec. 241. Enhanced drug-control efforts tate tax rate at 35 percent, and provide for family preservation and time-limited family The Senate-passed resolution includes a re- reunification of the estate and gift credits unification services; serve fund allowing the Chairman of the and the portability of exemption between (3) provide for subsidies and support pro- Budget Committee to revise the levels in the spouses, provided such legislation is deficit- grams that are available to support the resolution for legislation that would increase neutral over the total of 2009–2014 and 2009– needs of the children prior to removal, dur- the number of counties designated as High 2019. ing removal, and post placement; Intensity Drug Trafficking Areas to provide Sec. 248. Point of order against legislation (4) promote innovation and best practice at coordination, equipment, technology, and that provides additional relief for the es- the State level; and additional resources to combat drug traf- tate tax beyond the levels assumed in the (5) guarantee that public funds are used to ficking or legislation that increases drug budget resolution unless an equal amount effectively meet the needs of children who interdiction funding at the Department of of additional tax relief is provided to mid- have been abused or neglected Homeland Security, provided that such legis- dle class taxpayers. —provided it is deficit-neutral over the total lation is deficit-neutral over the total of The Senate-passed resolution included a of 2009–2014 and 2009–2019. 2009–2014 and 2009–2019. point of order in the Senate against legisla- Sec. 236. Healthcare professionals for the Vet- Sec. 242. Promoting individual savings and fi- tion that would provide additional relief for erans Health Administration nancial security the estate tax beyond the levels assumed in The Senate-passed resolution allows the The Senate-passed resolution includes a re- the budget resolution of $7 million per mar- Chairman of the Budget Committee to revise serve fund allowing the Chairman of the ried couple and a graduated rate ending at a the levels and limits in the resolution for Budget Committee to revise the levels in the rate less than 45 percent unless an equal one or more pieces of legislation that resolution for legislation that would pro- amount of tax relief is provided to taxpayers would— mote financial security through financial earning less than $100,000 per year and such (1) increase the number of healthcare pro- literacy, retirement planning, and savings relief is in addition to the amounts assumed fessionals in the Veterans Health Adminis- incentives, provided such legislation is def- in the budget resolution. The point of order tration to meet the needs of the expanding icit-neutral over the total of 2009–2014 and could be waived with 60 votes. number of veterans and to fill healthcare 2009–2019. Sec. 249. Increase FDIC and NCUA borrowing professional positions in the Veterans Health Sec. 243. National Health Services Corps authority Administration that are currently vacant; The Senate-passed resolution allows the The Senate-passed resolution allows the and Chairman of the Budget Committee to revise Chairman of the Budget Committee to revise (2) provide enhanced incentives for the levels in the resolution for one or more the levels in the resolution for one or more healthcare professionals of the Veterans pieces of legislation that would provide the pieces of legislation that would increase the Health Administration who serve in rural National Health Service Corps with $235 mil- borrowing authority of the Federal Deposit areas lion for 2010, provided it is deficit-neutral Insurance Corporation and the National —provided it is deficit-neutral over the total over the total of 2009–2014 and 2009–2019. Credit Union Administration, provided it is of 2009–2014 and 2009–2019. Sec. 244. Improving the animal health and dis- deficit-neutral over the total of 2009–2019. Sec. 237. Repealing deductions from mineral ease program Sec. 250. Innovative Loan Guarantee Program revenue payments to states The Senate-passed resolution includes a re- at the Department of Energy The Senate-passed resolution allows the serve fund allowing the Chairman of the The Senate-passed resolution allows the Chairman of the Budget Committee to revise Budget Committee to revise the levels in the Chairman of the Budget Committee to revise the levels in the resolution for legislation resolution for legislation that would fully the levels in the resolution for legislation that would repeal the requirement to deduct fund the animal health and disease program, that would authorize an additional certain amounts from mineral revenues pay- provided that such legislation is deficit neu- $50,000,000,000 for use to provide loan guaran- able to States, provided that such legislation tral over the total 2009–2014 and 2009–2019. tees for eligible projects under title XVII of would not increase the deficit over either the Sec. 245. Increase in the end strength for ac- the Energy Policy Act of 2005 (42 U.S.C. 16511 period of the total of 2009 through 2014 or the tive duty personnel of the Army et seq.), provided that such legislation would period of the total of 2009 through 2019. not increase the deficit over either the pe- The Senate-passed resolution allows the riod of the total of 2009 through 2014 or the Sec. 238. Promoting tax equity for states with- Chairman of the Budget Committee to revise period of the total of 2009 through 2019. out personal income taxes the levels in the resolution for one or more The Senate-passed resolution includes a re- pieces of legislation that would reduce the Sec. 251. Nuclear research and development serve fund allowing the Chairman of the strain on the United States Armed Forces by The Senate-passed resolution allows the Budget Committee to revise the levels in the authorizing an increase in the end strength Chairman of the Budget Committee to revise resolution for legislation that would provide for active duty personnel of the Army to a the levels in the resolution for legislation for the permanent extension of the deduction level not less than 577,400 persons provided that would authorize nuclear research and for state and local sales taxes in order to the legislation is deficit-neutral over the development activities, including the Gen- promote tax equity for states without per- total of 2009–2014 and 2009–2019. eration IV program, the Advanced Fuel

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00089 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.002 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10782 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 27, 2009 Cycle Initiative, and the Light Water Reac- Sec. 304. Deficit-neutral reserve fund for dren receive 100 percent of the child support tor Sustainability program, provided that America’s veterans and servicemembers that they are owed and that is paid by non- such legislation would not increase the def- The reserve fund accommodates legislation custodial parents, as well as other efforts to icit over either the period of the total of 2009 to change health care and benefits for vet- provide more parental support for children, through 2014 or the period of the total of 2009 erans, servicemembers, or their families, consistent with the pay-as-you-go principle. through 2019. consistent with the pay-as-you-go principle. Sec. 310. Deficit-neutral reserve fund for the Sec. 252. 2012 completion of Food and Drug This reserve fund covers legislation that en- Affordable Housing Trust Fund Administration facilities hances health care for military personnel or The reserve fund accommodates funding The Senate-passed resolution allows the veterans; maintains the affordability of for the existing Affordable Housing Trust Chairman of the Budget Committee to revise health care for military retirees or veterans; Fund that provides grants to states, commu- the levels in the resolution for one or more improves disability benefits or evaluations nities, and other entities to provide or reha- pieces of legislation that would provide suffi- for wounded or disabled military personnel bilitate housing for low-income families, cient funding for the General services Ad- or veterans (including measures to expedite consistent with the pay-as-you-go principle. ministration to complete construction of the the claims process); expands eligibility to The reserve fund provides committees with Food and Drug administration White Oak permit additional disabled military retirees flexibility to find offsets for legislation that Campus in Silver Spring, Maryland by 2012, to receive both disability compensation and capitalizes the trust fund, which is already provided it is deficit-neutral over the total retired pay (concurrent receipt); or elimi- authorized. of 2009-2014 and 2009-2019. nates the offset between Survivor Benefit Plan annuities and veterans’ dependency and Sec. 311. Deficit-neutral reserve fund for home Sec. 253. Energy Star for Small Business Pro- indemnity compensation. The reserve fund visiting gram shall not accommodate legislation author- This reserve fund accommodates legisla- The Senate-passed resolution allows the izing the Department of Veterans Affairs tion to provide mandatory funding for a Chairman of the Budget Committee to revise (VA) to bill private insurance companies for home visiting program or programs serving the levels in the resolution for legislation treatment of health conditions that are re- low-income mothers-to-be and low-income that would set aside, from amounts made lated to veterans’ military service. VA al- families, consistent with the pay-as-you-go available for the Energy Star Program of the ready is authorized to bill such companies principle. The House anticipates that the Environmental Protection Agency, at least 2 for treatment of conditions that are not legislation will fund evidence-based pro- percent for the Energy Star for Small Busi- service-connected. grams that have been tested in well-designed ness Program, provided that such legislation Sec. 305. Deficit-neutral reserve fund for cer- randomized controlled trials and are likely would not increase the deficit over either the tain tax relief to produce future budget savings by improv- period of the total of 2009 through 2014 or the ing child and family health and well-being. period of the total of 2009 through 2019. The reserve fund for tax relief accommo- Research studies on providing nurse home Throughout this subtitle, the use of the dates legislation to reduce tax burdens on visiting services to low-income families, for word ‘‘limits’’ refers to the discretionary working families, businesses, States, or com- example, have documented between three spending limits in the Senate. munities if it complies with the pay-as-you- and six dollars in savings for every dollar in- go principle. This reserve fund could there- House-passed Resolution vested in the home visits. fore accommodate individual tax relief sup- Sec. 301. Deficit-neutral reserve fund for porting working families, higher education, Sec. 312. Deficit-neutral reserve fund for Low- health care reform and raising participation in retirement sav- income Home Energy Assistance Program The reserve fund supports the President’s ing vehicles, among other purposes. It could trigger goal of fiscally responsible health reform also accommodate tax relief and investment This reserve fund accommodates legisla- legislation. The reserve fund accommodates incentives for businesses, States, or commu- tion to ensure that the Low-income Home legislation that addresses the common goals nities. Energy Assistance Program (LIHEAP) re- of making affordable health coverage avail- Sec. 306. Deficit-neutral reserve fund for a sponds more quickly and efficiently to en- able to all, improving the quality of health 9/11 health program ergy price increases, so long as the legisla- care, and reducing rising health care costs, tion is consistent with the pay-as-you-go The reserve fund accommodates legislation while building on and strengthening existing principle. that would establish a program, including public and private insurance coverage and medical monitoring and treatment, address- Sec. 313. Reserve fund for the surface trans- preserving choice of provider and plan, con- ing the adverse health impacts linked to the portation reauthorization sistent with the pay-as-you-go principle. The reserve fund accommodates additional As part of health care reform, the House attacks of September 11, 2001, consistent contract authority for the reauthorization of supports measures to ensure that payments with the pay-as-you-go principle. Last year, highway construction, highway safety and to providers are appropriate and equitable the House and Senate included this deficit mass transit programs or other transpor- and are designed to encourage efficiency, neutral reserve fund as part of the Con- tation-related legislation on the condition higher quality care, coordination of care, ference Agreement. that the Highway Trust Fund continues to and accountability. Sec. 307. Deficit-neutral reserve fund for child nutrition fully meet its obligations. While the even- Sec. 302. Deficit-neutral reserve fund for col- tual funding needs for the upcoming highway This reserve fund accommodates legisla- lege access, affordability, and completion and transit bill are not yet known, the re- tion to reauthorize, expand, or improve the The reserve fund accommodates changes in serve fund will provide flexibility to adjust child nutrition programs, including, but not laws that will increase assistance or benefits the Transportation and Infrastructure Com- limited to, the school lunch and school to college students, consistent with the pay- mittee’s allocation provided that the sol- breakfast programs, after-school and sum- as-you-go principle. This reserve fund will vency of the Highway Trust Fund is main- mer food programs, the Special Supple- provide committees maximum flexibility in tained. mental Nutrition Program for Women, In- finding offsets for legislation to help more Sec. 314. Current policy reserve fund for Medi- students afford and complete college. fants, and Children (WIC), and the child and adult care food program, consistent with the care improvements Sec. 303. Deficit-neutral reserve fund for in- pay-as-you-go principle. The reserve fund accommodates additional creasing energy independence Sec. 308. Deficit-neutral reserve fund for mandatory spending to reform the Medicare The reserve fund accommodates legislation structural unemployment insurance re- physician payment system. The reserve fund to increase U.S. energy independence, con- forms supports legislation to change incentives to sistent with the pay-as-you-go principle. encourage efficiency and higher quality care This reserve fund accommodates legisla- This reserve fund covers legislation that pro- in a way that supports fiscal sustainability, tion consistent with the pay-as-you-go prin- vides tax incentives for or otherwise encour- to improve payment accuracy to encourage ciple that builds on the provisions of the ages the production of renewable energy or efficient use of resources and ensure that pri- American Recovery and Reinvestment Act increased energy efficiency; encourages in- mary care receives appropriate compensa- and continues modernizing the unemploy- vestment in emerging energy or vehicle tion, to improve coordination of care among ment system to better meet the challenges technologies or carbon capture and seques- all providers serving a patient in all appro- of the 21st century workforce, in particular tration; limits and provides for reductions in priate settings, or to hold providers account- by improving its response to economic greenhouse gas emissions; assists businesses, able for their utilization patterns and qual- downturns. industries, states, communities, the environ- ity of care. ment, workers, or households as the United Sec. 309. Deficit-neutral reserve fund for child The reserve fund allows Medicare physi- States moves toward reducing and offsetting support cian payment reform legislation’s costs to be the impacts of greenhouse gas emissions; or This reserve fund accommodates legisla- measured against current policy, that is as- facilitates the training of workers for these tion to increase parental support for chil- suming the payment rates in effect for physi- industries (‘‘green collar jobs’’). dren, including efforts to ensure that chil- cians for 2009 will stay in effect through 2019.

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00090 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.002 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10783 This assumption is consistent with the 2010. Without reform, the number of tax- Sec. 310. Deficit-neutral reserve fund for President’s budget and is based on Congres- payers subject to the AMT will rise from 4 investments in our Nation’s counties and sional actions in recent years to prevent cuts million in 2010 to 28 million in 2010, accord- schools (Sec. 210 of the Senate-passed resolu- in physician payments that would otherwise ing to the Congressional Budget Office. The tion) be required by the Sustainable Growth Rate House resolution would accommodate fur- Sec. 311. Deficit-neutral reserve fund for (SGR) formula. However, like the President’s ther, deficit-neutral relief from the AMT. the Food and Drug Administration (Sec. 211 budget, the budget resolution does not in- After the House has adopted a measure to of the Senate-passed resolution) tend this assumption as a reflection of future impose statutory pay-as-you-go require- Sec. 312. Deficit-neutral reserve fund for a policy. Instead, the assumption represents a ments, or when a bill utilizing this reserve comprehensive investigation into the cur- realistic and meaningful benchmark against fund includes provisions to impose statutory rent financial crisis (Sec. 214 of the Senate- which to measure the fiscal effects of legisla- pay-as-you-go requirements, Section 401(a) passed resolution) tion reforming the Medicare physician pay- of the House resolution directs the chairman Sec. 313. Deficit-neutral reserve fund for ment system. of the Budget Committee to make current increased transparency at the Federal Re- After the House has adopted a measure to policy adjustments to the baseline before serve (Sec. 215 of the Senate-passed resolu- impose statutory pay-as-you-go require- evaluating the costs of the tax bill for com- tion) ments, or when a bill utilizing this reserve pliance with House budget rules and proce- Sec. 314. Deficit-neutral reserve fund for fund includes provisions to impose statutory dures. The adjustments may be made only 21st Century community learning centers pay-as-you-go requirements, Section 401(a) for the purposes and in the amounts provided (Sec. 228 of the Senate-passed resolution) of the House resolution directs the chairman in this reserve fund. Sec. 315. Deficit-neutral reserve fund for of the Budget Committee to make current Sec. 317. Current policy reserve fund for re- provision of critical resources to firefighters policy adjustments before evaluating the form of the Estate and Gift Tax and fire departments (Sec. 231 of the Senate- costs of the Medicare bill for compliance The reserve fund allows the Chairman of passed resolution) Sec. 316. Deficit-neutral reserve fund to with House budget rules and procedures. The the Budget Committee to adjust the resolu- promote tax equity for States without per- adjustments may be made only for the pur- tion aggregates and allocations to reflect sonal income taxes, and other selected tax poses and in the amounts provided in this re- current policy by extending the law as in ef- relief policies (combines Sec. 238 and provi- serve fund. fect for 2009 for the Estate and Gift Tax. The sions from Sec. 206 of the Senate-passed reso- The SGR formula limits how much total reserve fund supports continuation of 2009 lution, as modified) physician compensation can grow every policy so that only a minute fraction of es- Sec. 317. Deficit-neutral reserve fund to year. The SGR formula has required pay- tates will owe tax. ment rate cuts every year since 2002. Since After the House has adopted a measure to promote individual savings and financial se- 2003, Congress has enacted legislation to pre- impose statutory pay-as-you-go require- curity (Sec. 242 of the Senate-passed resolu- vent these rate cuts from taking effect, one ments, or when a bill utilizing this reserve tion) or two years at a time. Consequently, his- fund includes provisions to impose statutory Sec. 318. Deficit-neutral reserve fund to in- tory has shown that the current statutory pay-as-you-go requirements, Section 401(a) crease FDIC and NCUA borrowing authority baseline as it relates to Medicare physician of the House resolution directs the chairman (Sec. 249 of the Senate-passed resolution, as payments is unrealistic. Under current law, of the Budget Committee to make current modified) physicians face a 21 percent cut in their policy adjustments to the baseline before Sec. 319. Deficit-neutral reserve fund for Medicare payment rate in 2010, and further evaluating the costs of the tax bill for com- improving the well-being of children (Secs. cuts for several years after that. Cuts of this pliance with House budget rules and proce- 216, 227 and 235 of the Senate-passed resolu- magnitude could destabilize the Medicare dures. The adjustments may be made only tion, as modified, and Sec. 311 of the House- program and present serious access problems for the purposes and in the amounts provided passed resolution, as modified) Sec. 320. Deficit-neutral reserve fund for a for Medicare beneficiaries. in this reserve fund. 9/11 health program (Sec. 306 of the House- Sec. 315. Current policy reserve fund for mid- Conference Agreement passed resolution, as modified) dle class tax relief Title III of the conference agreement con- Subtitle B: House reserve funds The reserve fund allows the Chairman of tains reserve funds. Subtitle B of the conference agreement the Budget Committee to adjust the House Subtitle A: Senate reserve funds resolution aggregates and allocations to re- contains the following reserve funds that Subtitle A of the conference agreement apply only in the House: flect current policy for certain provisions of contains the following reserve funds that the Internal Revenue Code of 1986 for middle Sec. 321. Deficit-neutral reserve fund for apply only in the Senate: health care reform (Sec. 301 of the House- class tax relief. The reserve fund supports Sec. 301. Deficit-neutral reserve fund to the extension of middle class tax relief such passed resolution) transform and modernize America’s health Sec. 322. Deficit-neutral reserve fund for as the 10 percent individual income tax care system (Secs. 201 and 220 of the Senate- bracket, marriage penalty relief, the child college access, affordability, and completion passed resolution, as modified) (Sec. 302 of the House-passed resolution, as credit at $1,000 and partial refundability of Sec. 302. Deficit-neutral reserve fund to in- modified) the credit, education incentives, other incen- vest in clean energy and preserve the envi- Sec. 323. Deficit-neutral reserve fund for tives for middle class families and children, ronment (Secs. 202, 213, 221, 240 and 246 of the increasing energy independence (Sec. 303 of and other reductions or adjustments to indi- Senate-passed resolution, as modified) the House-passed resolution) vidual income tax brackets, as well as small Sec. 303. Deficit-neutral reserve fund for Sec. 324. Deficit-neutral reserve fund for business tax relief. higher education (Sec. 203 of the Senate- America’s veterans and wounded After the House has adopted a measure to passed resolution, as modified) impose statutory pay-as-you-go require- Sec. 304. Deficit-neutral reserve fund for servicemembers (Sec. 304 of the House-passed ments, or when a bill utilizing this reserve child nutrition and WIC (Sec. 204 of the Sen- resolution, as modified) fund includes provisions to impose statutory ate-passed resolution) Sec. 325. Deficit-neutral reserve fund for pay-as-you-go requirements, Section 401(a) Sec. 305. Deficit-neutral reserve fund for certain tax relief (Sec. 305 of the House- of the House resolution directs the chairman investments in America’s infrastructure passed resolution, as modified) of the Budget Committee to make current (Secs. 205 and 206(d) of the Senate-passed res- Sec. 326. Deficit-neutral reserve fund for a policy adjustments to the baseline before olution, as modified) 9/11 health program (Sec. 306 of the House- evaluating the costs of the tax bill for com- Sec. 306. Deficit-neutral reserve fund to passed resolution) Sec. 327. Deficit-neutral reserve fund for pliance with House budget rules and proce- promote economic stabilization and growth child nutrition (Sec. 307 of the House-passed dures. The adjustments may be made only (Sec. 206 of the Senate-passed resolution, as resolution) for the purposes and in the amounts provided modified) Sec. 328. Deficit-neutral reserve fund for in this reserve fund. Sec. 307. Deficit-neutral reserve fund for America’s veterans and wounded structural unemployment insurance reforms Sec. 316. Current policy reserve fund for re- servicemembers (Sec. 207 of the Senate- (Sec. 308 of the House-passed resolution) form of the alternative minimum tax passed resolution, as modified) Sec. 329. Deficit-neutral reserve fund for (AMT) Sec. 308. Deficit-neutral reserve fund for child support (Sec. 309 of the House-passed The reserve fund allows the Chairman of judicial pay and judgeships, postal retiree resolution) the Budget Committee to adjust the resolu- assistance, and certain pension obligations Sec. 330. Deficit-neutral reserve fund for tion aggregates and allocations to reflect (Secs. 208 and 230 of the Senate-passed reso- the Affordable Housing Trust Fund (Sec. 310 current policy for the alternative minimum lution, as modified) of the House-passed resolution) tax (AMT) for one additional year. The re- Sec. 309. Deficit-neutral reserve fund for Sec. 331. Deficit-neutral reserve fund for serve fund would support immediate AMT re- defense acquisition and Federal contracting home visiting (Sec. 311 of the House-passed lief so that tens of millions of working fami- reform (Secs. 209, 223, 232 and 301(c)(2)(E) of resolution, as modified, and Sec. 227 of the lies will not become subject to it in tax year the Senate-passed resolution, as modified) Senate resolution, as modified)

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00091 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.002 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10784 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 27, 2009 Sec. 332. Deficit-neutral reserve fund for Abuse Control (HCFAC) program at the De- The Senate-passed resolution includes a low-income home energy assistance program partment of Health and Human Services, and new 60-vote point of order that applies to ap- trigger (Sec. 312 of the House-passed resolu- unemployment insurance improper pay- propriations legislation containing one or tion) ments reviews at the Department of Labor. more provisions that constitute a change in Sec. 333. Deficit-neutral reserve fund for It also provides for adjustments in 2010 for a mandatory program that affects the Crime county payments legislation (Sec. 210 of the expenses related to overseas contingency op- Victims Fund, section 1402 of the Victims of erations. Senate-passed resolution, as modified) Crime Act of 1984 (42 U.S.C. 10601). Sec. 334. Reserve fund for the surface The Senate-passed resolution also includes transportation reauthorization (Sec. 313 of a program integrity cap adjustment dedi- Sec. 306. Point of order against increasing rev- the House-passed resolution) cated to reducing waste in defense con- enues beyond the levels set in the budget Each House reserve fund references the tracting by recovering overpayments to de- resolution through a widespread tax in- time periods in clause 10 of rule XXI of the fense contractors, reducing wasteful spend- crease on taxpayers with incomes below Rules of the House of Representatives. This ing that undermines our ability to purchase $200,000 or married couples with incomes citation references the House pay-as-you-go equipment needed for U.S. troops and com- below $250,000 bating fraud. It allows the Chairman of the rule, as opposed to specific years. As long as The Senate-passed resolution includes a the legislation described in the reserve fund Budget Committee to increase the discre- point of order in the Senate against legisla- complies with the House pay-as-you-go rule, tionary spending cap by up to $100 million to tion that would cause revenues to exceed the the chairman may make the applicable ad- accommodate legislation appropriating fund- justment. ing for the Department of Defense for addi- levels set in the budget resolution and in- The House-passed budget resolution in- tional activities to reduce waste, fraud, clude a tax increase that would have wide- cluded current policy adjustments in Sec- abuse and overpayments in defense con- spread applicability on taxpayers with in- tions 314, 315, 316, and 317. The adjustments tracting or to enhance the capability of the comes below $200,000 or married couples with provided for in those reserve funds are ad- defense acquisition or contracting workforce incomes below $250,000. The point of order dressed in the conference agreement in the to save taxpayer resources. could be waived with 60 votes. budget process title under Section 421 (Ad- The Senate-passed resolution permits the Sec. 307. Point of order against increasing cer- justments for Direct Spending and Reve- Chairman to adjust the discretionary spend- tain federal income tax rates nues). ing limits, budget aggregates, and alloca- BUDGET PROCESS tions, if the CBO re-estimates the Presi- The Senate-passed resolution includes a dent’s 2010 request for discretionary spending point of order in the Senate against legisla- The Senate and the House use enforcement at an aggregate level different from the CBO tion that would increase certain federal tax provisions to ensure that legislation is con- preliminary estimate dated March 20, 2009. sistent with the budget plan set forth in the rates. The point of order could be waived Sec. 302. Advance appropriations budget resolution. The conference agreement with 60 votes. contains enforcement provisions for the Sen- As in past years, the Senate-passed resolu- Sec. 308. Point of order against legislation in- ate and House to accommodate the proce- tion provides a supermajority point of order creasing energy taxes on middle-income dures that apply to consideration of legisla- in the Senate against appropriations in 2010 taxpayers tion in each chamber. bills that would first become effective in any year after 2010, and against appropriations in The Senate-passed resolution includes a Senate-passed Resolution 2011 bills that would first become effective in point of order in the Senate against legisla- The FY2008 and FY2009 budget resolutions any year after 2011. It does not apply against tion that would increase energy taxes on included many important enforcement provi- appropriations for the Corporation for Public middle-income taxpayers. The point of order sions which remain in effect in the Senate. Broadcasting or Department of Veterans Af- could be waived with 60 votes. These include: fairs for the Medical Services, Medical Ad- Sec. 309. Point of order against legislation im- 2008 Budget Resolution (S. Con. Res. 21) ministration, Medical Facilities, and Med- posing a marriage tax penalty The Senate pay-as-you-go point of order ical and Prosthetic Research accounts of the (Sec. 201); Veterans Health Administration, nor does it The Senate-passed resolution includes a The 60-vote point of order against rec- apply against changes in mandatory pro- point of order in the Senate against legisla- onciliation increasing the deficit (Sec 202); grams or deferrals of mandatory budget au- tion that would result in a greater Federal and thority from one year to the next. There is income tax liability for taxpayers filing a Continued 60-vote enforcement of budg- an exemption for each of 2010 and 2011 of up joint return than if such taxpayers were un- etary points of order in the Senate (Sec. 205). to $28.852 billion (the same level as provided married and had filed individual tax returns. for in the 2009 Budget Resolution) for the fol- 2009 Budget Resolution (S. Con. Res. 70) The point of order could be waived with 60 lowing: The 60-vote point of order against legisla- votes. ACCOUNTS IDENTIFIED FOR ADVANCE tion increasing long-term deficits (Sec. 311); Sec. 310. Point of order against legislation APPROPRIATIONS IN THE SENATE and causing revenues to increase above the Labor, HHS: The 60-vote point of order against provi- levels set in the budget resolution sions of appropriations legislation that con- Employment and Training Administration stitute changes in mandatory programs (Sec. Job Corps The Senate-passed resolution includes a 314). Education for the Disadvantaged School Improvement point of order in the Senate against legisla- The Senate-passed resolution for 2010, S. Children and Family Services (Head Start) tion that would cause revenues to be more Con. Res. 13, continues the strong budget en- Special Education than the level of revenues established in the forcement practices of the last two budget Career, Technical, and Adult Education budget resolution. The point of order could resolutions with the following modifications. Financial Services and General Govern- be waived with 60 votes. ment: Payment to Postal Service Subtitle A—Budget Enforcement Sec. 311. Point of order against increasing Transportation, Housing and Urban Devel- Sec. 301. Discretionary spending caps taxes while unemployment rate is above opment: Tenant-based Rental Assistance 5.8 percent The Senate-passed resolution would Project-based Rental Assistance strengthen fiscal responsibility by estab- Sec. 303. Emergency legislation The Senate-passed resolution includes a lishing discretionary spending limits for 2009 point of order in the Senate against consid- and 2010, and enforcing them with a point of The Senate-passed resolution makes tech- order in the Senate that could only be nical changes in the emergency legislation ering legislation that would increase taxes if waived with 60 votes. For 2009, it provides a designation to provide consistent treatment the unemployment rate exceeds 5.8 percent. cap of $1,391.5 billion in budget authority and for emergency legislation with respect to en- The point of order could be waived with 60 $1,220.8 billion in outlays. For 2010, it sets a forcement of various points of order and re- votes. cap of $1,079.1 billion in budget authority and visions pursuant to deficit-neutral reserve Sec. 312. Point of order against legislation $1,268.1 billion in outlays. As in past years, funds. that causes significant job loss the Senate-passed resolution permits adjust- Sec. 304. Point of order against legislation in- ments to the discretionary spending limits creasing short-term deficit The Senate-passed resolution includes a in 2010 for program integrity initiatives, The Senate-passed resolution updates the point of order in the Senate against legisla- such as Social Security Administration con- expiration date in the point of order against tion that would cause revenues to be more tinuing disability reviews (CDRs) and Sup- legislation that increases the short-term def- than the level of revenues set forth for the plemental Security Income redetermina- icit. applicable years in the resolution or would tions, enhanced Internal Revenue Service Sec. 305 Point of order against appropria- cause significant job loss in manufacturing tax enforcement to address the tax gap, ap- tions legislation that includes provisions af- or coal dependent regions of the United propriations for Health Care Fraud and fecting the crime victims fund States.

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00092 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.002 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 10785 Sec. 313. Point of order against legislation Secs. 325 and 326. Debt disclosure provided to increase limited administrative that would permit the Secretary of Vet- These sections reflect an amendment funding for current program integrity activi- erans Affairs to recover from a private adopted in the Committee on the Budget re- ties, and not to finance other proposals that health insurer of a disabled veteran garding the levels of debt assumed in the would adversely affect workers who have re- amounts paid for treatment of such dis- budget resolution and to require budget reso- ceived unemployment benefits. The section ability lutions to contain a debt disclosure section. outlines procedures for these allocation ad- justments. The Senate-passed resolution includes a Sec. 327. Exercise of rulemaking powers point of order in the Senate against legisla- This section also incorporates a procedure tion that would permit the Secretary of Vet- This section of the Senate-passed resolu- whereby provisions or measures reported by erans Affairs to recover from a private tion recognizes that the provisions of this the Committee on Appropriations will be ex- health insurer of a disabled veteran amounts resolution are adopted pursuant to the rule- empt in certain circumstances from compli- paid for treatment of such disability. making power of the Senate, and also recog- ance with titles III and IV of the Congres- nizes the Constitutional right of the Senate sional Budget Act of 1974 and the budget res- Sec. 314. Point of order against legislation to change those rules as they apply to the weakening terrorism laws olution. Such an exemption applies if: (1) the Senate. Committee on Appropriations determines The Senate-passed resolution includes a House-passed Resolution and designates that amounts appropriated point of order in the Senate against legisla- are necessary for overseas deployments and tion that would weaken or eliminate anti- Sec. 401. Adjustments for Direct Spending and related activities; or (2) the Committee on terrorism tools or investigative methods. Revenues Appropriations provides discretionary appro- After the House has acted upon a measure Sec. 315. Restrictions on unfunded mandates priations and designates those amounts as to impose statutory pay-as-you-go require- on state and local governments necessary to meet emergency needs. ments, or when a bill listed in a current pol- This section of the Senate-passed resolu- Sec. 403. Advance Appropriations tion increases from a simple majority to icy reserve fund includes provisions to im- three-fifths of all members duly sworn and pose statutory pay-as-you-go requirements, Section 403 of the House resolution limits chosen the number of Senators necessary to subsection (a) of this section of the House the amount and type of advance appropria- waive a point of order under section 424(a)(1) resolution directs the chairman of the Budg- tions for fiscal years 2011 and 2012. Under this of the Congressional Budget Act. et Committee to make current policy adjust- section, advance appropriations for fiscal ments to the baseline before evaluating the year 2011 are restricted to $28.852 billion for Sec. 316. Point of order on legislation that costs of certain measures for compliance the programs, projects, activities, or ac- eliminates the ability of Americans to keep with House budget rules and procedures. The counts listed below. Advances for 2012 are their health plan or their choice of doctor adjustments may be made only for the pur- listed separately. The section defines ad- The Senate-passed resolution includes a poses and in the amounts provided in a cur- vance appropriations as any new discre- point of order in the Senate against legisla- rent policy reserve fund. Four current policy tionary budget authority provided in a bill tion that eliminates the ability of Americans reserve funds appear in title III of the House or joint resolution making general or con- to keep their health plan or their choice of resolution as sections 314, 315, 316, and 317. tinuing appropriations for fiscal year 2010 doctor as determined by the Congressional Subsection (b) allows the chairman of the that first becomes available for any fiscal Budget Office. The point of order could be House Budget Committee to adjust the 302(a) year after 2010. waived with 60 votes. allocation to the Appropriations Committee Advance Appropriations for Fiscal Year Subtitle B—Other Provisions if changes to the Low-Income Home Energy 2011: Sec. 321. Oversight of government performance Assistance Program (reflected in the House Employment and Training Administration The Senate-passed resolution continues resolution’s mandatory spending totals) are Office of Job Corps the provision instructing Committees of the not funded in an authorization bill and are Education for the Disadvantaged Senate to review programs within their ju- included instead in an appropriations meas- School Improvement Programs risdiction to root out waste, fraud, and abuse ure. Special Education in program spending, giving particular scru- Subsection (c) updates and reinstates a Career, Technical and Adult Education tiny to issues raised by Government Ac- provision of the Budget Enforcement Act of Payment to Postal Service countability Office reports, and include rec- 1990. The chairman of the House Budget Tenant-based Rental Assistance ommendations for improved governmental Committee is directed to exempt from the Project-based Rental Assistance performance in their annual views and esti- calculation of the cost of any measure any Advance Appropriations for Fiscal Year mates reports required under section 301(d) budgetary effects of legislative provisions 2012: of the Congressional Budget Act of 1974 to that affect the full funding of the federal de- The Corporation for Public Broadcasting the Senate Committee on the Budget. posit insurance guarantee. Sec. 404. Oversight of Government Perform- Sec. 322. Budgetary treatment of certain dis- Sec. 402. Adjustments to Discretionary Spend- ance cretionary administrative expenses ing Limits Section 404 of the House resolution encour- The Senate-passed resolution continues Section 402 of the House resolution pro- ages all committees of the House to conduct the provision requiring that all budget reso- vides for specific allocation adjustments for rigorous oversight hearings to root out lutions include the Administrative Expenses the Committee on Appropriations when the waste, fraud, and abuse in federal programs, of the Social Security Administration and of Committee reports legislation that includes with particular attention to issues raised by the Postal Service in the 302(a) allocations of increased appropriations for the following the Office of the Inspector General or the the Appropriations Committee. program integrity initiatives: (1) program Government Accountability Office. Based on integrity initiatives at the Social Security these oversight efforts, such recommenda- Sec. 323. Application and effect of changes in Administration; (2) Internal Revenue Service tions should be included in the views and es- allocations and aggregates tax compliance; (3) the health care fraud and timates reports submitted to the Budget The Senate-passed resolution details the abuse control program at the Department of Committee under section 301(d) of the Con- adjustment procedures required to accommo- Health and Human Services; and (4) unem- gressional Budget Act on 1974. date legislation provided for in this resolu- ployment insurance in-person reemployment tion, and requires adjustments made to be Sec. 405. Budgetary Treatment of Certain Dis- and eligibility assessments and improper cretionary Administrative Expenses printed in the Congressional Record. For payment reviews. In addition, a new program Section 405 of the House resolution pro- purposes of enforcement, the levels resulting integrity adjustment has been added this vides that administrative expenses of the So- from adjustments made pursuant to this res- year to create the Partnership Fund for Pro- cial Security Administration and of the olution will have the same effect as if adopt- gram Integrity at the Office of Management Postal Service shall be part of the annual ap- ed in the levels of Title I of this resolution. and Budget for program integrity pilot ini- propriations process by including those ex- The Committee on the Budget determines tiatives across federal agencies. This adjust- penses in the allocation to the Committee on the budgetary levels and estimates required ment is intended to develop new ideas to pro- Appropriations pursuant to section 302 of the to enforce budgetary points of order, includ- mote administrative efficiency gains and re- Congressional Budget Act. ing those pursuant to this resolution and the ductions in erroneous payments. Congressional Budget Act of 1974. The adjustments under this section are pri- Sec. 406. Application and Effect of Changes in Sec. 324. Adjustments to reflect changes in marily intended to provide additional admin- Allocations and Aggregates concepts and definitions istrative funding for current program integ- Section 406 of the House resolution details The Senate-passed resolution allows the rity activities to eliminate errors or fraud in the allocation and aggregate adjustment pro- Chairman of the Committee on the Budget to the operation of a number of federal pro- cedures that are required to accommodate adjust levels in this resolution upon the en- grams and to promote compliance with fed- legislation for the reserve funds and program actment of legislation that changes concepts eral tax laws. For example, the adjustment integrity initiatives in the House resolution. or definitions. for unemployment compensation programs is This section provides that the adjustments

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00093 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.002 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10786 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 27, 2009 shall apply while the legislation is under Sec. 403. Emergency legislation (Sec. 303 of Payment to Postal Service consideration and take effect upon enact- the Senate-passed resolution, as modi- Tenant-based Rental Assistance ment of the legislation. In addition, the sec- fied) Project-based Rental Assistance Sec. 424(b)(1) Advance Appropriations for tion requires the adjustments to be printed Sec. 404. Point of order against legislation in- Fiscal Year 2012: in the Congressional Record. creasing short-term deficit (Sec. 304 of The section also notes that, for purposes of The Corporation for Public Broadcasting the Senate-passed resolution, as modi- Sec. 424(b)(2) Advance Appropriations for enforcement, aggregate and allocation levels fied) Fiscal Year 2011: resulting from adjustments made pursuant Sec. 405. Point of order against certain legisla- VA—Medical Services to the House resolution will have the same tion related to surface transportation VA—Medical Support and Compliance effect as if adopted in the original levels of funding VA—Medical Facilities Title I of this budget resolution. This section Sec. 425. Oversight of Government Perform- also provides that the Committee on the Part II—Other Provisions ance (Sec. 404 of the House-passed reso- Budget shall determine the budgetary levels Sec. 411. Oversight of Government perform- lution) and estimates which are required to enforce ance (Sec. 321 of the Senate-passed res- points of order under the Congressional olution) Sec. 426. Budgetary Treatment of Certain Dis- Budget Act. To support the President’s commitment to cretionary Administrative Expenses (Sec. 405 of the House-passed resolution) Sec. 407. Adjustments to Reflect Changes in eliminate ineffective or duplicative federal Concepts and Definitions programs, the Senate adopted amendments Sec. 427. Application and Effects of Changes to set standards to identify failing federal in Allocations and Aggregates (Sec. 406 of Section 407 of the House resolution re- programs and to review inefficient programs. the House-passed resolution) quires the chairman of the Committee on the This section retains the requirement of the Budget to adjust levels and allocations in Sec. 428. Adjustments to Reflect Changes In Senate-passed resolution requiring that com- the budget resolution upon enactment of leg- Concepts and Definitions (Sec. 407 of the mittees of the Senate review programs to islation that changes concepts or definitions. House-passed resolution) root out waste, fraud, and abuse, giving par- Sec. 429. Exercise of Rulemaking Powers (Sec. Sec. 408. Exercise of Rulemaking Powers ticular scrutiny to issues raised by Govern- 408 of the House-passed resolution) Section 408 of the House resolution pro- ment Accountability Office reports. POLICY vides that, once adopted, the provisions of Sec. 412. Budgetary treatment of certain dis- Senate-passed Resolution the budget resolution are incorporated into cretionary administrative expenses (Sec. the rules of the House of Representatives and 322 of the Senate-passed resolution) The Senate-passed resolution did not con- tain a policy statement title. shall supersede inconsistent rules. The sec- Sec. 413. Application and effect of changes in tion recognizes the constitutional right of allocations and aggregates (Sec. 323 of House-passed Resolution the House of Representatives to change the Senate-passed resolution, as modi- Title V of the House-passed resolution con- those rules at any time. fied) tains the following policy sections: Sec. 501. Policy on middle-class tax relief and Conference Agreement Sec. 414. Adjustments to reflect changes in revenues Title IV contains the following budget concepts and definitions (Sec. 324 of the Sec. 502. Policy on defense priorities process and enforcement provisions: Senate-passed resolution) Conference Agreement Subtitle A—Senate Provisions Sec. 415. Exercise of rulemaking powers (Sec. Title V of the conference agreement con- 302 of the Senate-passed resolution) The FY2008 and FY2009 budget resolutions tains the following policy sections, which included many important enforcement provi- Subtitle B—House Enforcement Provisions apply to both Houses: sions which remain in effect in the Senate. Sec. 421. Adjustments for direct spending and Sec. 501. Policy on middle-class tax relief and These include: revenues— revenues (Sec. 501 of the House-passed resolu- 2008 Budget Resolution (S. Con. Res. 21) Sec. 421(a).—Adjustments for current policy tion, as modified) The Senate pay-as-you-go point of order Sec. 502. Policy on defense priorities (Sec. 502 This subsection provides that after the (Sec. 201); of the House-passed resolution, as modified) House has adopted a measure to impose stat- The 60-vote point of order against rec- utory paygo requirements (or if such meas- SENSE OF THE SENATE, HOUSE AND onciliation increasing the deficit (Sec 202); ure is included as part of the legislation CONGRESS and under consideration), the Chairman of the Senate-passed Resolution Continued 60-vote enforcement of budg- House Budget Committee may make current The Senate resolution did not contain a etary points of order in the Senate (Sec. 205). policy adjustments to the baseline before sense of the Senate title. 2009 Budget Resolution (S. Con. Res. 70) evaluating the costs of certain measures for House-passed Resolution The 60-vote point of order against legisla- compliance with House budget rules and pro- Title VI of the House-passed resolution tion increasing long-term deficits (Sec. 311); cedures. The adjustments may only be made contains the following Sense of the House and for the purposes and in the amounts provided sections: The 60-vote point of order against provi- in paragraph (a)(2). This subsection, as re- Sec. 601. Sense of the House on veterans’ and sions of appropriations legislation that con- vised, replaces sections 314, 315, 316 and 317 of servicemembers’ health care stitute changes in mandatory programs (Sec. the House-passed resolution. Subsection Sec. 602. Sense of the House on homeland se- 314). (a)(4) allows the chairman of the House curity Part I—Budget Enforcement Budget Committee to adjust the 302(a) allo- Sec. 603. Sense of the House on promoting cations and aggregates as may be necessary Sec. 401. Discretionary spending limits, pro- American innovation and economic competitive- to reflect the current policy adjustments. gram integrity initiatives, and other ad- ness Sec. 604. Sense of the House regarding pay justments (Sec. 301 of the Senate-passed Sec. 421(b).—Deposit insurance (Sec. 401(c) of parity resolution, as modified) the House-passed resolution) Sec. 605. Sense of the House on college afford- Sec. 402. Point of order against advance ap- Sec. 422. Adjustments to discretionary spend- ability propriations (Sec. 302 of the Senate- ing (Sec. 402 of the House-passed resolu- Sec. 606. Sense of the House on Great Lakes passed resolution, as modified) tion, as modified) restoration ACCOUNTS IDENTIFIED FOR ADVANCE Sec. 423. Costs of overseas deployments and Sec. 607. Sense of the House regarding the im- APPROPRIATIONS IN THE SENATE emergency needs (Sec. 402(b) of the portance of child support enforcement House-passed resolution, as modified) Labor, HHS: Conference Agreement Employment and Training Administration Sec. 424. Point of order against advance ap- Title VI of the conference agreement con- propriations (Sec. 403 of the House- Job Corps tains the following Sense of Congress provi- passed resolution, as modified) Education for the Disadvantaged sions: Sec. 601. Sense of the Congress on veterans’ School Improvement Accounts identified for advance appropria- tions in the House: and servicemembers’ health care (Sec. 601 of the Children and Family Services (Head Start) Sec. 424(b)(1) Advance Appropriations for House-passed resolution, as modified) Special Education Fiscal Year 2011: Sec. 602. Sense of the Congress on homeland Career, Technical, and Adult Education Employment and Training Administration security (Sec. 602 of the House-passed resolu- Financial Services and General Govern- Office of Job Corps tion, as modified) ment: Payment to Postal Service Education for the Disadvantaged Sec. 603. Sense of the Congress on promoting Transportation, Housing and Urban Devel- School Improvement Programs American innovation and economic competitive- opment: Tenant-based Rental Assistance, Special Education ness (Sec. 603 of the House-passed resolution, Project-based Rental Assistance Career, Technical and Adult Education as modified)

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2009 2010 2011 2012 2013 2014

Real GDP, Percent Change, Year Over Year ...... ¥3.0 2.9 4.0 4.1 4.0 3.5 GDP Price Index, Percent Change, Year Over Year ...... 1.5 0.8 0.5 0.6 0.6 0.9 Consumer Prices, Percent Change, Year Over Year ...... ¥0.7 1.4 1.2 1.0 1.0 1.2 Unemployment Rate, Percent, Yearly Average ...... 8.8 9.0 7.7 6.6 5.7 5.1 3-Month Treasury Bill Rate, Percent, Yearly Average ...... 0.3 0.9 1.8 3.0 3.9 4.4 10-Year Treasury Bond Rate, Percent, Yearly Average ...... 2.9 3.4 4.0 4.6 5.0 5.3

ALLOCATIONS managers includes an allocation, based on each of the appropriate committees. The al- As required in section 302 of the Congres- the conference agreement, of total budget locations are as follows: sional Budget Act, the joint statement of authority and total budget outlays among

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PAY-AS-YOU-GO SCORECARD FOR THE Mr. MORAN of Kansas, for 5 minutes, EERE-2006-STD-0127] (RIN: 1904-AB49) re- SENATE REFLECTING LEVELS FOR today, April 28, 29 and 30. ceived April 8, 2009, pursuant to 5 U.S.C. THE CONFERENCE AGREEMENT Mr. HUNTER, for 5 minutes, today and 801(a)(1)(A); to the Committee on Energy and Period of the current fiscal year, the budg- April 28. Commerce. et year, and the four fiscal years following 1380. A letter from the Regulation Coordi- Mr. JONES, for 5 minutes, May 4. the budget year: $0. nator, Department of Health and Human Period of the current fiscal year, the budg- Mr. GOODLATTE, for 5 minutes, April Services, transmitting the Department’s et year, and the nine fiscal years following 28 and 29. final rule — Medicaid Program; Premiums the budget year: $0. Mr. INGLIS, for 5 minutes, today and and Cost Sharing [CMS-2244-F3] (RIN: 0938- RULE XXVIII OF THE RULES OF THE May 4. A047) received March 31, 2009, pursuant to 5 HOUSE OF REPRESENTATIVES Ms. JENKINS, for 5 minutes, April 28. U.S.C. 801(a)(1)(A); to the Committee on En- ergy and Commerce. The adoption of this conference agreement f 1381. A letter from the Program Analyst, by the two houses would result in the en- Department of Transportation, transmitting grossment of a House joint resolution chang- SENATE ENROLLED BILL AND the Department’s final rule — Average Fuel ing the statutory limit on the public debt JOINT RESOLUTION SIGNED Economy Standards Passenger Cars and pursuant to clause 3 of rule XXVIII of the The Speaker announced her signa- Light Trucks Model Year 2011 [Docket No.: Rules of the House of Representatives. The ture to an enrolled bill and a joint res- NHTSA-2009-0062] (RIN: 2127-AK29) received rule requires a joint resolution in the fol- April 3, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); lowing form: olution of the Senate of the following ‘‘Resolved, by the Senate and the House of titles: to the Committee on Energy and Commerce. 1382. A letter from the Director, Regu- Representatives of the United States in Con- S. 39. An act to repeal section 10(f) of Pub- latory Management Division, Environmental gress assembled, that subsection (b) of sec- lic Law 93–531, commonly known as the Protection Agency, transmitting the Agen- tion 3101 of title 31, United States Code, is ‘‘Bennett Freeze’’. cy’s final rule — Approval and Promulgation amended by striking out the dollar limita- S.J. Res. 8. Providing for the appointment of Air Quality Implementation Plans; Penn- tion contained in such subsection and insert- of David M. Rubenstein as a citizen regent of sylvania; Update to Materials Incorporated ing in lieu thereof $13,029,000,000,000.’’ the Board of Regents of the Smithsonian In- by Reference [PA200-4202; FRL-8774-8] re- Legislative jurisdiction over the public stitution. debt remains with the Finance Committee in ceived March 17, 2009, pursuant to 5 U.S.C. f the Senate and the Committee on Ways and 801(a)(1)(A); to the Committee on Energy and Means in the House. ADJOURNMENT Commerce. JOHN M. SPRATT, Jr., 1383. A letter from the General Counsel, ROSA L. DELAURO, Mr. SPRATT. Mr. Speaker, I move FERC, Federal Energy Regulatory Commis- ALLEN BOYD, that the House do now adjourn. sion, transmitting the Commission’s final Managers on the Part of the House. The motion was agreed to; accord- rule — Standards for Business Practices for ingly (at 11 o’clock and 37 minutes Interstate Natural Gas Pipelines [Docket KENT CONRAD, p.m.), under its previous order, the No.: RM96-1-029; Order No. 587-T] received PATTY MURRAY, March 23, 2009, pursuant to 5 U.S.C. Managers on the Part of the Senate. House adjourned until tomorrow, Tues- 801(a)(1)(A); to the Committee on Energy and f day, April 28, 2009, at 10:30 a.m., for Commerce. morning-hour debate. 1384. A letter from the Secretary of the LEAVE OF ABSENCE f Commission, Federal Trade Commision, By unanimous consent, leave of ab- transmitting the Commission’s final rule — sence was granted to: EXECUTIVE COMMUNICATIONS, Rules and Regulations Under the Textile Ms. CORRINE BROWN of Florida (at the ETC. Fiber Products Identification Act — received March 23, 2009, pursuant to 5 U.S.C. request of Mr. HOYER) for today and Under clause 8 of rule XII, executive 801(a)(1)(A); to the Committee on Energy and April 28. communications were taken from the Commerce. Mr. REYES (at the request of Mr. Speaker’s table and referred as follows: 1385. A letter from the Acting Assistant HOYER) for today on account of weath- 1376. A letter from the Deputy Secretary, Secretary Legislative Affairs, Department of er-related travel problems. Department of Defense, transmitting the De- State, transmitting certification of a pro- Mr. JACKSON of Illinois (at the re- partment’s annual report on the Activities of posed license for the export of defense arti- quest of Mr. HOYER) for today on ac- the Western Hemisphere Institute for Secu- cles to Canada (Transmittal No. DDTC 025- count of illness. rity Cooperation, pursuant to 10 U.S.C. 09), pursuant to 22 U.S.C. 39, 36(c); to the Mr. BURGESS (at the request of Mr. 2166(i); to the Committee on Armed Services. Committee on Foreign Affairs. BOEHNER) for today and the balance of 1377. A letter from the Acting Director, Of- 1386. A letter from the Acting Assistant the week on account of attending the fice of Thrift Supervision, transmitting the Secretary Legislative Affairs, Department of Office’s 2009 compensation plan, as required State, transmitting certification of a pro- Energy Efficiency Global Forum and by section 1206 of the Financial Institutions posed license for the export of defense arti- Exposition. Reform, Recovery, and Enforcement Act of cles to Malaysia (Transmittal No. DDTC 130- Mr. DREIER (at the request of Mr. 1989; to the Committee on Financial Serv- 08), pursuant to 22 U.S.C. 39, 36(c); to the BOEHNER) for today on account of ices. Committee on Foreign Affairs. meetings in the district. 1378. A letter from the Chairperson, Na- 1387. A letter from the Acting Assistant f tional Council on Disability, transmitting Secretary Legislative Affairs, Department of the Council’s annual report assessing the State, transmitting certification of a pro- SPECIAL ORDERS GRANTED status of the nation in achieving policies posed agreement for the export of defense ar- By unanimous consent, permission to that guarantee equal opportunity for all in- ticles or defense services to Greece (Trans- address the House, following the legis- dividuals with disabilities and that empower mittal No. DDTC 153-08), pursuant to 22 individuals with disabilities to achieve eco- U.S.C. 39, 36(c); to the Committee on Foreign lative program and any special orders nomic self-sufficiency, independent living, Affairs. heretofore entered, was granted to: and inclusion and integration into all as- 1388. A letter from the Acting Deputy (The following Members (at the re- pects of society, pursuant to Section 401(b) of Under Secretary for Acquisition and Tech- quest of Ms. KAPTUR) to revise and ex- the Rehabilitation Act of 1973; to the Com- nology, Department of Defense, transmitting tend their remarks and include extra- mittee on Education and Labor. the Department’s annual report for fiscal neous material:) 1379. A letter from the Attorney, Office of year 2008 on foreign military sales and direct Ms. WOOLSEY, for 5 minutes, today. Assistant General Counsel for Legislation sales to foreign entities of signigicant mili- Mr. DEFAZIO, for 5 minutes, today. and Regulatory Law, Department of Energy, tary equipment manufactured in the United Ms. KAPTUR, for 5 minutes, today. transmitting the Department’s final rule — States during the preceding calendar year, (The following Members (at the re- Energy Conservation Program: Energy Con- pursuant to Public Law 109-364, section 1231; servation Standards for Certain Consumer to the Committee on Foreign Affairs. quest of Mr. POE of Texas) to revise and Products (Dishwashers, Dehumidifiers, 1389. A letter from the Deputy U.S. Global extend their remarks and include ex- Microwave Ovens, and Electric and Gas AIDS Coordinator (Acting) & Chief of Staff, traneous material:) Kitchen Ranges and Ovens) and for Certain Department of State, transmitting a certifi- Mr. POE of Texas, for 5 minutes, May Commercial and Industrial Equipment (Com- cation related to the Global Fund to Fight 4. mercial Clothes Washers) [Docket Number: AIDS, Tuberculosis and Malaria, pursuant to

VerDate Mar 15 2010 13:54 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00103 Fmt 0688 Sfmt 0634 E:\BR09\H27AP9.002 H27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10796 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 27, 2009 Section 625 of the Department of State, For- worthiness Directives; Boeing Model 737-600, ture Procedures; Miscellaneous Amendments eign Operations, and Related Programs Ap- -700, -700C, -800, and -900 series airplanes [Docket No.: 30648; Amdt. No. 3305] received propriations Act, 2008; to the Committee on [Docket No.: FAA-2008-1199; Directorate March 27, 2009, pursuant to 5 U.S.C. Foreign Affairs. Identifier 2008-NM-207-AD; Amendment 39- 801(a)(1)(A); to the Committee on Transpor- 1390. A letter from the Acting President & 15781; AD 2008-24-51] (RIN: 2120-AA64) received tation and Infrastructure. CEO, Overseas Private Investment Corpora- March 27, 2009, pursuant to 5 U.S.C. 1408. A letter from the Program Analyst, tion, transmitting the Corporation’s 2008 An- 801(a)(1)(A); to the Committee on Transpor- Department of Transportation, transmitting nual Report; to the Committee on Foreign tation and Infrastructure. the Department’s final rule — Airworthiness Affairs. 1400. A letter from the Paralegal Spe- Directives; Boeing Model 737-300, -400, and 1391. A letter from the Acting Chairman, cialist, Department of Transportation, trans- -500 Series Airplanes [Docket No.: FAA-2008- Equal Employment Opportunity Commis- mitting the Department’s final rule — Air- 0671; Directorate Identifier 2008-NM-017-AD; sion, transmitting the Commission’s state- worthiness Directives; Gippsland Aero- Amendment 39-15796; AD 2009-02-06] (RIN: ment regarding the Office of Personnel Man- nautics Pty. Ltd. Model GA8 Airplanes 2120-AA64) received March 27, 2009, pursuant agement ‘‘Disciplinary Best Practices and [Docket No.: FAA-2009-0155; Directorate to 5 U.S.C. 801(a)(1)(A); to the Committee on Advisory Guidelines’’ in accordance with the Identifier 2009-CE-007-AD; Amendment 39- Transportation and Infrastructure. requirements of Pub. L. 107-174; to the Com- 15825; AD 2009-05-01] (RIN: 2120-AA64) received 1409. A letter from the Program Analyst, mittee on Oversight and Government Re- March 27, 2009, pursuant to 5 U.S.C. Department of Transportation, transmitting form. 801(a)(1)(A); to the Committee on Transpor- the Department’s final rule — Airworthiness 1392. A letter from the Secretary, Federal tation and Infrastructure. Directives; Bombardier Model CL-600-2B19 Maritime Commission, transmitting the 1401. A letter from the Paralegal Spe- (Regional Jet Series 100 & 440) Airplanes Commission’s report for fiscal year 2008 on cialist, Department of Transportation, trans- [Docket No.: FAA-2008-1318; Directorate the amount of acquisitions made from enti- mitting the Department’s final rule — Air- Identifier 2008-NM-155-AD; Amendment 39- ties that manufacture articles, materials, or worthiness Directives; Empresa Brasileira de 15848; AD 2009-06-12] (RIN: 2120-AA64) received supplies outside of the United States, pursu- Aeronautica S.A. (EMBRAER) Model EMB- March 27, 2009, pursuant to 5 U.S.C. ant to Section 641 of the Consolidated Appro- 500 Airplanes [Docket No.: FAA-2009-0150; Di- 801(a)(1)(A); to the Committee on Transpor- priations Act of 2005; to the Committee on rectorate Identifier 2009-CE-010-AD; Amend- tation and Infrastructure. Oversight and Government Reform. ment 39-15830; AD 2009-05-06] (RIN: 2120-AA64) 1410. A letter from the Program Analyst, 1393. A letter from the Director EEO and received March 27, 2009, pursuant to 5 U.S.C. Department of Transportation, transmitting Diversity Programs, National Archives and 801(a)(1)(A); to the Committee on Transpor- the Department’s final rule — Airworthiness Records Administration, transmitting the tation and Infrastructure. Directives; Cessna Aircraft Company Models Administration’s Annual Report on the Noti- 1402. A letter from the Paralegal Spe- 208 and 208B Airplanes [Docket No.: FAA- fication and Federal Employee Antidiscrimi- cialist, Department of Transportation, trans- 2008-1319; Directorate Identifier 2008-CE-071- nation and Retaliation Act of 2002 for Fiscal mitting the Department’s final rule — AD; Amendment 39-15836; AD 2009-05-12] (RIN: Year 2008; to the Committee on Oversight Standard Instrument Approach Procedures, 2120-AA64) received March 27, 2009, pursuant and Government Reform. and Takeoff Minimums and Obstacle Depar- to 5 U.S.C. 801(a)(1)(A); to the Committee on 1394. A letter from the Acting Director ture Procedures; Miscellaneous Amendments Transportation and Infrastructure. Equal Employment Opportunity, National [Docket No.: 30651 Amdt. No 3308] received 1411. A letter from the Program Analyst, Endowment for the Humanities, transmit- March 27, 2009, pursuant to 5 U.S.C. Department of Transportation, transmitting ting notification that the National Endow- 801(a)(1)(A); to the Committee on Transpor- the Department’s final rule — Airworthiness ment for the Humanities is in compliance tation and Infrastructure. Directives; Airbus Model A330 Airplanes, and with the No FEAR Act for fiscal year 2008 1403. A letter from the Paralegal Spe- Model A340-200 and A340-300 Series Airplanes and that there were no incidents of discrimi- cialist, Department of Transportation, trans- [Docket No.: FAA-2008-0980; Directorate nation reported; to the Committee on Over- mitting the Department’s final rule — Identifier 2008-NM-008-AD; Amendment 39- sight and Government Reform. Standard Instrument Approach Procedures, 15834; AD 2009-05-10] (RIN: 2120-AA64) received 1395. A letter from the Chairman and Gen- and Takeoff Minimums and Obstacle Depar- March 27, 2009, pursuant to 5 U.S.C. eral Counsel, National Labor Relations ture Procedures; Miscellaneous Amendments 801(a)(1)(A); to the Committee on Transpor- Board, transmitting the Board’s report on [Docket No.: 30652 Amdt. No 3309] received tation and Infrastructure. the amount of acquisitions made annually March 27, 2009, pursuant to 5 U.S.C. 1412. A letter from the Program Analyst, from entities that manufacture articles, ma- 801(a)(1)(A); to the Committee on Transpor- Department of Transportation, transmitting terials, or supplies outside of the United tation and Infrastructure. the Department’s final rule — Airworthiness States for fiscal year 2008, pursuant to Pub- 1404. A letter from the Paralegal Spe- Directives; PILATUS AIRCRAFT LTD. Mod- lic Law 108-447, section 641; to the Committee cialist, Department of Transportation, trans- els PC-12, PC-12/45, PC-12/47, and PC-12/47E on Oversight and Government Reform. mitting the Department’s final rule — Airplanes [Docket No.: FAA-2008-0189; Direc- 1396. A letter from the Executive Director, Amendment of Class E Airspace; Roanoke torate Identifier 2009-CE-011-AD; Amendment United States Access Board, transmitting Rapids, NC [Docket No.: FAA-2008-1334; Air- 39-15831; AD 2009-05-07] (RIN: 2120-AA64) re- notification that the Board is in compliance space Docket No. 08-ASO-21] received March ceived March 27, 2009, pursuant to 5 U.S.C. with the requirements of section 203 of the 27, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to 801(a)(1)(A); to the Committee on Transpor- Notification and Federal Employee Anti- the Committee on Transportation and Infra- tation and Infrastructure. discrimination and Retaliation Act of 2002; structure. 1413. A letter from the Program Analyst, to the Committee on Oversight and Govern- 1405. A letter from the Paralegal Spe- Department of Transportation, transmitting ment Reform. cialist, Department of Transportation, trans- the Department’s final rule — Airworthiness 1397. A letter from the Project Counsel, De- mitting the Department’s final rule — Directives; Trimble or FreeFlight System partment of Homeland Security, transmit- Standard Instrument Approach Procedures, 2101 I/O Approach Plus Global Positioning ting the Department’s final rule — Salvage and Takeoff Minimums and Obstacle Depar- System (GPS) Navigation Systems [Docket and Marine Firefighting Requirements; Ves- ture Procedures; Miscellaneous Amendments No.: FAA-2007-28689; Directorate Identifier sel Response Plans for Oil [Docket No.: [Docket No.: 30650; Amdt. No. 3307] received 2006-SW-17-AD; Amendment 39-15832; AD 2009- USCG-1998-3417] (RIN: 1625-AA19 (Formerly March 27, 2009, pursuant to 5 U.S.C. 05-08] (RIN: 2120-AA64) received March 27, RIN: 2115-AF60)) received March 27, 2009, pur- 801(a)(1)(A); to the Committee on Transpor- 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the suant to 5 U.S.C. 801(a)(1)(A); to the Com- tation and Infrastructure. Committee on Transportation and Infra- mittee on Transportation and Infrastruc- 1406. A letter from the Paralegal Spe- structure. ture. cialist, Department of Transportation, trans- 1414. A letter from the Program Analyst, 1398. A letter from the Paralegal Spe- mitting the Department’s final rule — Department of Transportation, transmitting cialist, Department of Transportation, trans- Standard Instrument Approach Procedures, the Department’s final rule — Airworthiness mitting the Department’s final rule — and Takeoff Minimums and Obstacle Depar- Directives; Eurocopter France Model EC 155B Standard Instrument Approach Procedures, ture Procedures; Miscellaneous Amendments and EC155B1 Helicopters [Docket No.: FAA- and Takeoff Minimums and Obstacle Depar- [Docket No.: 30649 Amdt. No 3306] received 2009-0195; Directorate Identifier 2007-SW-34- ture Procedures; Miscellaneous Amendments March 27, 2009, pursuant to 5 U.S.C. AD; Amendment 39-15837; AD 2009-06-01] (RIN: [Docket No.: 30647 Amdt. No 3304] received 801(a)(1)(A); to the Committee on Transpor- 2120-AA64) received March 27, 2009, pursuant March 27, 2009, pursuant to 5 U.S.C. tation and Infrastructure. to 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- 1407. A letter from the Paralegal Spe- Transportation and Infrastructure. tation and Infrastructure. cialist, Department of Transportation, trans- 1415. A letter from the Program Analyst, 1399. A letter from the Paralegal Spe- mitting the Department’s final rule — Department of Transportation, transmitting cialist, Department of Transportation, trans- Standard Instrument Approach Procedures, the Department’s final rule — Airworthiness mitting the Department’s final rule — Air- and Takeoff Minimums and Obstacle Depar- Directives; Bell Helicopter Textron Inc.

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Model 412, 412CF, and 412EP Helicopters [Submitted April 27, 2009] BLUMENAUER, Ms. SLAUGHTER, Mr. [Docket No.: FAA-2009-0169; Directorate Mr. CONYERS: Committee on the Judici- PERRIELLO, Ms. KAPTUR, Ms. MCCOL- Identifier 2008-SW-42-AD; Amendment 39- ary. H.R. 1913. A bill to provide Federal as- LUM, Ms. SCHWARTZ, Ms. CASTOR of 15833; AD 2009-05-09] (RIN: 2120-AA64) received sistance to States, local jurisdictions, and Florida, Mr. PALLONE, Ms. DELAURO, March 27, 2009, pursuant to 5 U.S.C. Indian tribes to prosecute hate crimes, and Mr. CONYERS, Mr. MEEKS of New 801(a)(1)(A); to the Committee on Transpor- for other purposes, with an amendment York, Mr. JACKSON of Illinois, Mr. tation and Infrastructure. (Rept. 111–86). Referred to the Committee of HONDA, Ms. NORTON, Mr. WELCH, Mr. 1416. A letter from the Program Analyst, the Whole House on the State of the Union. BRADY of Pennsylvania, Mr. THOMP- Department of Transportation, transmitting Mr. McGOVERN: Committee on Rules. SON of Mississippi, Mr. SARBANES, Mr. the Department’s final rule — Airworthiness House Resolution 365. Resolution Waiving a MASSA, Mr. RUPPERSBERGER, Mr. Directives; Agusta S.p.A. Model AB139 and requirement of clause 6(a) of rule XIII with LEWIS of Georgia, Ms. DEGETTE, Mr. AW139 Helicopters [Docket No.: FAA-2009- respect to consideration of certain resolu- HIGGINS, Mr. CUMMINGS, Mr. NADLER 0170; Directorate Identifier 2008-SW-45-AD; tions reported from the Committee on Rules of New York, Mr. TONKO, Mr. LYNCH, Amendment 39-15843; AD 2009-06-07] (RIN: (Rept. 111–87). Referred to the House Cal- and Mr. KENNEDY): 2120-AA64) received March 27, 2009, pursuant endar. H.R. 2102. A bill to establish the United to 5 U.S.C. 801(a)(1)(A); to the Committee on Mr. FRANK of Massachusetts: Committee States Public Service Academy; to the Com- Transportation and Infrastructure. mittee on Education and Labor. 1417. A letter from the Program Analyst, on Financial Services. H.R. 627. A bill to By Ms. MCCOLLUM (for herself, Mrs. Department of Transportation, transmitting amend the Truth in Lending Act to establish CAPPS, Ms. CORRINE BROWN of Flor- the Department’s final rule — Airworthiness fair and transparent practices relating to the ida, Ms. JACKSON-LEE of Texas, Mr. Directives; Viking Air Limited Model DHC-7 extension of credit under an open end con- OBERSTAR, Ms. LEE of California, Airplanes [Docket No.: FAA-2008-1330; Direc- sumer credit plan, and for other purposes; Mrs. MALONEY, Ms. WATSON, Mrs. torate Identifier 2008-NM-138-AD; Amend- with an amendment (Rept. 111–88). Referred TAUSCHER, Mr. HONDA, Mr. HINCHEY, ment 39-15839; AD 2009-06-03] (RIN: 2120-AA64) to the Committee of the Whole House on the Mr. MOORE of Kansas, Mr. MCGOVERN, received March 27, 2009, pursuant to 5 U.S.C. State of the Union. Mr. BISHOP of Georgia, Mr. MORAN of 801(a)(1)(A); to the Committee on Transpor- Mr. SPRATT: Committee on Conference. Virginia, Mr. ELLISON, Mr. FILNER, tation and Infrastructure. Conference report on Senate Concurrent Res- 1418. A letter from the Program Analyst, olution 13. Resolution setting forth the con- Ms. EDDIE BERNICE JOHNSON of Texas, Department of Transportation, transmitting gressional budget for the United States Gov- Ms. DELAURO, Mr. CARNAHAN, Mr. the Department’s final rule — Airworthiness ernment for fiscal year 2010, revising the ap- FARR, Ms. ESHOO, Mr. MCNERNEY, Ms. Directives; Fokker Model F.27 Mark 050 Air- propriate budgetary levels for fiscal year SCHAKOWSKY, Mr. WALZ, Mr. CROW- planes [Docket No.: FAA-2009-0214; Direc- 2009, and setting forth the appropriate budg- LEY, Mr. HASTINGS of Florida, and torate Identifier 2007-NM-343-AD; Amend- etary levels for fiscal years 2011 through 2014 Ms. MOORE of Wisconsin): ment 39-15851; AD 2009-06-14] (RIN: 2120-AA64) (Rept. 111–89). Ordered to be printed. H.R. 2103. A bill to protect girls in devel- oping countries through the prevention of received March 27, 2009, pursuant to 5 U.S.C. DISCHARGE OF COMMITTEE 801(a)(1)(A); to the Committee on Transpor- child marriage, and for other purposes; to [Omitted from the Record of April 22, 2009] tation and Infrastructure. the Committee on Foreign Affairs. 1419. A letter from the Program Analyst, Pursuant to clause 2 of rule XII the By Mr. FILNER: Department of Transportation, transmitting Committee on Standards of Official H.R. 2104. A bill to require public employ- the Department’s final rule — Airworthiness Conduct discharged from further con- ees to perform the inspection of State and Directives; Airbus Model A321-131 Airplanes sideration. H.R. 1679 referred to the local surface transportation projects, and re- [Docket No.: FAA-2009-0215; Directorate Committee of the Whole House on the lated essential public functions, to ensure public safety, the cost-effective use of trans- Identifier 2007-NM-278-AD; Amendment 39- State of the Union, and ordered to be 15850; AD 2009-06-13] (RIN: 2120-AA64) received portation funding, and timely project deliv- March 27, 2009, pursuant to 5 U.S.C. printed. ery; to the Committee on Transportation 801(a)(1)(A); to the Committee on Transpor- [The following action occurred on and Infrastructure. tation and Infrastructure. April 24, 2009] Pursuant to clause 2 of By Mr. KIND (for himself, Mr. BRADY of 1420. A letter from the Paralegal Spe- rule XII the Committee on House Ad- Texas, Mr. BLUMENAUER, and Mr. cialist, Department of Transportation, trans- ministration discharged from further WAMP): mitting the Department’s final rule — Air- consideration. H.R. 608 referred to the H.R. 2105. A bill to amend the Internal Rev- worthiness Directives; PILATUS AIRCRAFT Committee of the Whole House on the enue Code of 1986 to treat certain amounts LTD. Model PC-12/47E Airplanes [Docket No.: paid for physical activity, fitness, and exer- FAA-2009-0146; Directorate Identifier 2009- State of the Union, and ordered to be cise as amounts paid for medical care; to the CE-009-AD; Amendment 39-15820; AD 2009-04- printed. Committee on Ways and Means. 14] (RIN: 2120-AA64) received March 20, 2009, f By Mr. KIND (for himself and Mr. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- WAMP): mittee on Transportation and Infrastruc- PUBLIC BILLS AND RESOLUTIONS H.R. 2106. A bill to amend the Internal Rev- ture. Under clause 2 of rule XII, public enue Code of 1986 to expand workplace health 1421. A letter from the Secretary, Federal bills and resolutions of the following incentives by equalizing the tax con- Maritime Commission, transmitting the sequences of employee athletic facility use; Commission’s 47th annual report of activi- titles were introduced and severally re- to the Committee on Ways and Means. ties for fiscal year 2008, which ended Sep- ferred, as follows: By Ms. SPEIER: tember 30, 2008, pursuant to Section 103(e) of By Mr. FRANKS of Arizona: H.R. 2107. A bill to direct the Secretary of the Reorganization Plan No. 7 of 1961 and H.R. 2100. A bill to provide for the convey- Health and Human Services to conduct a Section 208 of the Merchant Marine Act of ance of certain public land in Mohave Val- public education campaign on umbilical cord 1936, as amended; to the Committee on ley, Mohave County, Arizona, administered blood stem cells, and for other purposes; to Transportation and Infrastructure. by the Bureau of Land Management to the the Committee on Energy and Commerce, f Arizona Game and Fish Department, for use and in addition to the Committee on Edu- as a public shooting range; to the Committee cation and Labor, for a period to be subse- REPORTS OF COMMITTEES ON on Natural Resources. quently determined by the Speaker, in each PUBLIC BILLS AND RESOLUTIONS By Mr. SKELTON (for himself, Mr. case for consideration of such provisions as Under the clause 2 of rule XIII, re- MCHUGH, Mr. ANDREWS, Mr. SPRATT, fall within the jurisdiction of the committee ports of Committees were delivered to Mr. CONAWAY, Mr. COFFMAN of Colo- concerned. rado, Mr. SESTAK, Mr. BRADY of By Ms. FUDGE: the Clerk for printing and reference to Pennsylvania, Mr. FORBES, Mrs. TAU- H.R. 2108. A bill to protect home buyers the proper calendar, as follows: SCHER, Mr. SNYDER, Ms. SHEA-POR- from predatory lending practices; to the [Omitted from the Record of April 22, 2009] TER, and Mr. MASSA): Committee on Financial Services. Mr. BRADY of Pennsylvania: Committee H.R. 2101. A bill to promote reform and By Ms. SPEIER (for herself, Mrs. BONO on House Administration. H.R. 1679. A bill to independence in the oversight of weapons MACK, Mrs. CAPPS, Mr. MORAN of Vir- provide for the replacement of lost income system acquisition by the Department of De- ginia, Ms. KILROY, Ms. SCHAKOWSKY, for employees of the House of Representa- fense; to the Committee on Armed Services. and Mr. SESTAK): tives who are members of a reserve compo- By Mr. MORAN of Virginia (for him- H.R. 2109. A bill to improve and enhance nent of the armed forces who are on active self, Mr. CONNOLLY of Virginia, Mr. research and programs on childhood cancer duty for a period of more than 30 days, and MCDERMOTT, Mr. MCGOVERN, Mr. survivorship, and for other purposes; to the for other purposes (Rept. 111–85 Pt. 1). BOUCHER, Mr. SESTAK, Mr. SIRES, Mr. Committee on Energy and Commerce.

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By Mr. JOHNSON of Georgia (for him- TAYLOR, Mr. BERRY, Mr. ROSS, Mr. Pennsylvania, the Battle of Gettysburg and self, Mr. JORDAN of Ohio, Mr. GOOD- KRATOVIL, Mr. MATHESON, Mr. President Abraham Lincoln’s Gettysburg Ad- LATTE, Mr. BUTTERFIELD, and Ms. BRIGHT, Mr. BARROW, Mr. THOMPSON dress; to the Committee on Financial Serv- FOXX): of California, Mr. DONNELLY of Indi- ices. H.R. 2110. A bill to limit the authority of ana, Mr. WILSON of Ohio, Mr. SPACE, By Mr. POMEROY (for himself, Mr. States to tax certain income of employees Mr. NYE, Mr. GORDON of Tennessee, LARSON of Connecticut, Mr. DOGGETT, for employment duties performed in other Mr. CUELLAR, Mr. BOSWELL, Mr. MAR- and Mr. YARMUTH): States; to the Committee on the Judiciary. SHALL, Mr. COSTA, Mr. MICHAUD, Mr. H.R. 2124. A bill to extend subsections (c) By Mr. BURGESS (for himself and Mr. POMEROY, Mr. CHANDLER, Mr. PAT- and (d) of section 114 of the Medicare, Med- BRADY of Texas): RICK J. MURPHY of Pennsylvania, Mr. icaid, and SCHIP Extension Act of 2007 (Pub- H.R. 2111. A bill to establish the Congres- HOLDEN, Mr. BACA, Ms. HARMAN, and lic Law 110-173) to provide for regulatory sta- sional Commission on Financial Account- Mr. PETERSON): bility during the development of facility and ability and Preparedness to examine and re- H.R. 2116. A bill to amend the Balanced patient criteria for long-term care hospitals port upon the facts and causes relating to Budget and Emergency Deficit Control Act under the Medicare Program, and for other the breakdown in the financial and credit of 1985 and the Congressional Budget Act of purposes; to the Committee on Ways and markets in 2008, and investigate and report 1974 to extend the discretionary spending Means. to the Congress on its findings, conclusions, caps and the pay-as-you-go requirement, and By Mr. RAHALL (for himself, Ms. and recommendations for prosecution of for other purposes; to the Committee on the CORRINE BROWN of Florida, and Mr. criminal behavior; to the Committee on Fi- Budget, and in addition to the Committee on GERLACH): nancial Services. Rules, for a period to be subsequently deter- H.R. 2125. A bill to direct the Secretary of By Mrs. CHRISTENSEN (for herself, mined by the Speaker, in each case for con- Transportation to carry out programs and Mr. LOBIONDO, Ms. LEE of California, sideration of such provisions as fall within activities to improve highway safety; to the Committee on Transportation and Infra- Mr. MEEKS of New York, Ms. the jurisdiction of the committee concerned. structure. BORDALLO, Mr. PAYNE, Mr. RANGEL, By Ms. EDDIE BERNICE JOHNSON of By Mr. REHBERG: Mr. BISHOP of Georgia, Mr. HINOJOSA, Texas: H.R. 2126. A bill to provide for free mailing Ms. JACKSON-LEE of Texas, Ms. KIL- H.R. 2117. A bill to amend title II of the privileges for personal correspondence and PATRICK of Michigan, and Mr. LANCE): Workforce Investment Act of 1998 to estab- parcels sent to members of the Armed Forces H.R. 2112. A bill to establish a comprehen- lish financial literacy education programs serving on active duty in Iraq or Afghani- sive interagency response to reduce lung for newly naturalized citizens of the United stan; to the Committee on Armed Services. cancer mortality in a timely manner; to the States; to the Committee on Education and By Mr. SOUDER: Committee on Energy and Commerce, and in Labor. H.R. 2127. A bill to amend title 38, United addition to the Committees on Armed Serv- By Mr. MCCARTHY of California (for States Code, to eliminate the income eligi- ices, and Veterans’ Affairs, for a period to be himself, Mr. BACHUS, Mr. MCCOTTER, bility and service-connected disability rating subsequently determined by the Speaker, in Mr. NEUGEBAUER, Mr. JONES, Mr. requirements for the veterans beneficiary each case for consideration of such provi- LANCE, Mrs. CAPITO, and Mr. GAR- travel program administered by the Sec- sions as fall within the jurisdiction of the RETT of New Jersey): retary of Veterans Affairs; to the Committee committee concerned. H.R. 2118. A bill to amend the Emergency on Veterans’ Affairs. By Mr. HARE (for himself, Ms. WOOL- Economic Stabilization Act of 2008 to pro- By Mr. SOUDER (for himself and Mr. SEY, Mr. GEORGE MILLER of Cali- vide for more detailed repayment procedures ELLSWORTH): fornia, Ms. LINDA T. SA´ NCHEZ of Cali- for assistance received under the Troubled H.R. 2128. A bill to amend the Ethics in fornia, Mr. PAYNE, Mr. SABLAN, Mr. Asset Relief Program; to the Committee on Government Act of 1978 to require informa- MICHAUD, Mr. BRALEY of Iowa, Mr. Financial Services. tion on the value of any personal residence LOEBSACK, Ms. DELAURO, Ms. SUTTON, By Mr. MCCARTHY of California (for and on the balance, interest rate, and re- Ms. SHEA-PORTER, Mr. HOLT, and Mr. himself, Mr. BACHUS, Mr. MCCOTTER, maining number of years of any mortgage se- BISHOP of New York): Mr. NEUGEBAUER, Mr. JONES, Mr. cured by real property to be included in the H.R. 2113. A bill to require the Secretary of LANCE, Ms. JENKINS, Mrs. CAPITO, Mr. annual financial disclosure reports required Labor to prescribe regulations requiring em- GARRETT of New Jersey, and Mr. CAS- to be filed under such Act; to the Committee ployers with more than one establishment TLE): on Oversight and Government Reform, and and not fewer than 500 employees to report H.R. 2119. A bill to amend the Emergency in addition to the Committees on House Ad- work-related deaths, injuries, and illnesses; Economic Stabilization Act of 2008 to require ministration, and the Judiciary, for a period to the Committee on Education and Labor. that repayments of assistance from the to be subsequently determined by the Speak- By Mr. HIGGINS (for himself, Ms. Troubled Asset Relief Program funds go to er, in each case for consideration of such pro- SLAUGHTER, Mr. LEE of New York, paying down the public debt; to the Com- visions as fall within the jurisdiction of the and Mr. MASSA): mittee on Financial Services. committee concerned. H.R. 2114. A bill to amend the Energy Em- By Mrs. MYRICK: By Mr. STUPAK (for himself, Mr. ployees Occupational Illness Compensation H.R. 2120. A bill to provide for exploration, BAIRD, Mr. BERMAN, Ms. BORDALLO, Program Act of 2000 to include certain development, and production activities for Mr. CARNAHAN, Mr. CARNEY, Mr. CON- former nuclear weapons program workers in mineral resources on the outer Continental YERS, Mr. COURTNEY, Mr. DOYLE, Ms. the Special Exposure Cohort under the En- Shelf, and for other purposes; to the Com- ESHOO, Mr. FARR, Mr. GRIJALVA, Mr. ergy Employees Occupational Illness Com- mittee on Natural Resources, and in addition HARE, Mr. HIGGINS, Mr. HILL, Mr. pensation Program, and for other purposes; to the Committees on Science and Tech- HINCHEY, Mr. HOLDEN, Mr. LEVIN, Mr. to the Committee on the Judiciary, and in nology, and the Judiciary, for a period to be MCGOVERN, Mr. MCHUGH, Mrs. MALO- addition to the Committee on Education and subsequently determined by the Speaker, in NEY, Mr. MARKEY of Massachusetts, Labor, for a period to be subsequently deter- each case for consideration of such provi- Mr. OBERSTAR, Mr. PASCRELL, Mr. mined by the Speaker, in each case for con- sions as fall within the jurisdiction of the RYAN of Ohio, Mr. SIRES, Mr. SPACE, sideration of such provisions as fall within committee concerned. Ms. SUTTON, Mr. TAYLOR, Mr. TIER- the jurisdiction of the committee concerned. By Mr. PAUL: NEY, Mr. VAN HOLLEN, and Mr. VIS- By Mr. HILL (for himself and Mr. TIM H.R. 2121. A bill to provide for the transfer CLOSKY): MURPHY of Pennsylvania): of certain Federal property to the Galveston H.R. 2129. A bill to protect consumers from H.R. 2115. A bill to amend the Public Historical Foundation; to the Committee on price-gouging of gasoline and other fuels, Health Service Act to establish an Office of Transportation and Infrastructure. and for other purposes; to the Committee on Men’s Health; to the Committee on Energy By Mr. PIERLUISI (for himself, Mr. Energy and Commerce, and in addition to and Commerce. CROWLEY, Mr. GUTIERREZ, Mr. the Committee on Education and Labor, for By Mr. HILL (for himself, Mr. GRIF- SERRANO, and Ms. VELA´ ZQUEZ): a period to be subsequently determined by FITH, Mr. ALTMIRE, Mr. ELLSWORTH, H.R. 2122. A bill to amend the Internal Rev- the Speaker, in each case for consideration Mr. BISHOP of Georgia, Mr. ARCURI, enue Code of 1986 to provide a special rule for of such provisions as fall within the jurisdic- Mr. MCINTYRE, Mr. DAVIS of Ten- allocating the cover over of distilled spirits tion of the committee concerned. nessee, Mr. TANNER, Mr. MELANCON, taxes between Puerto Rico and the Virgin Is- By Ms. VELA´ ZQUEZ: Mr. BOYD, Ms. HERSETH SANDLIN, Mr. lands; to the Committee on Ways and Means. H.R. 2130. A bill to establish programs to COOPER, Mr. SHULER, Mr. CARDOZA, By Mr. PLATTS (for himself and Mr. provide counseling to homebuyers regarding Ms. GIFFORDS, Mr. MINNICK, Mr. ISRAEL): voluntary home inspections and to train MOORE of Kansas, Mr. CHILDERS, Mr. H.R. 2123. A bill to require the Secretary of counselors to provide such counseling, and SCOTT of Georgia, Ms. LORETTA SAN- the Treasury to mint coins in recognition of for other purposes; to the Committee on Fi- CHEZ of California, Mr. SALAZAR, Mr. and to commemorate the 1863 invasion of nancial Services.

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By Ms. WATSON (for herself, Mr. Major League Soccer Cup; to the Committee MCMAHON, Mr. HIMES, Mr. DEFAZIO, Mr. DON- BUTTERFIELD, Mr. LEWIS of Georgia, on Oversight and Government Reform. NELLY of Indiana, and Mr. RYAN of Ohio. Mr. CONNOLLY of Virginia, Ms. MOORE By Mr. TONKO (for himself, Mr. GRI- H.R. 811: Mr. FORTENBERRY. of Wisconsin, Mr. HARE, Ms. FUDGE, JALVA, Mr. LEWIS of Georgia, Mr. H.R. 828: Mr. FILNER. Ms. EDDIE BERNICE JOHNSON of Texas, KENNEDY, Ms. SCHAKOWSKY, Ms. H.R. 864: Ms. HERSETH SANDLIN. Mr. SCOTT of Virginia, Mr. KUCINICH, SHEA-PORTER, Mr. BRALEY of Iowa, H.R. 903: Mr. PASCRELL. Mr. CLEAVER, Mr. CARNAHAN, Ms. Mr. CHANDLER, Mr. SESTAK, Mr. KIRK, H.R. 904: Mr. KENNEDY and Mr. DOYLE. BERKLEY, and Ms. KILPATRICK of Ms. MATSUI, Mr. MITCHELL, Mr. H.R. 914: Mr. ROGERS of Kentucky. Michigan): LUJA´ N, Ms. LORETTA SANCHEZ of Cali- H.R. 930: Mr. ALEXANDER and Mr. KAGEN. H.R. 2131. A bill to amend the Foreign Af- fornia, Mr. BLUMENAUER, Ms. H.R. 935: Mr. KILDEE. fairs Reform and Restructuring Act of 1998 to BORDALLO, Ms. LEE of California, Mr. H.R. 943: Mr. PRICE of Georgia. reauthorize the United States Advisory Com- HARE, Mr. JOHNSON of Georgia, Ms. H.R. 949: Mr. YOUNG of Alaska and Mr. mission on Public Diplomacy; to the Com- BERKLEY, Mr. MCMAHON, Ms. MOORE COURTNEY. mittee on Foreign Affairs. of Wisconsin, Ms. FUDGE, Mr. WELCH, H.R. 950: Mr. PASTOR of Arizona. By Mr. CONNOLLY of Virginia (for Mr. COURTNEY, Mr. OLVER, Mr. H.R. 958: Ms. HERSETH SANDLIN, Mr. WITT- himself, Ms. WASSERMAN SCHULTZ, PERRIELLO, Mr. MAFFEI, Ms. ZOE LOF- MAN, and Mr. LIPINSKI. and Mr. SABLAN): GREN of California, Ms. SCHWARTZ, H.R. 988: Mr. BOSWELL and Mr. WAMP. H. Con. Res. 109. Concurrent resolution Mr. HINCHEY, Mrs. LOWEY, Mr. H.R. 997: Mr. CHILDERS. H.R. 1016: Mr. KING of New York, Ms. EDDIE honoring the 20th anniversary of the Susan ISRAEL, Mr. MURPHY of Connecticut, BERNICE JOHNSON of Texas, Mr. BILBRAY, Mr. G. Komen Race for the Cure in the Nation’s Ms. KOSMAS, Mrs. DAHLKEMPER, and MCINTYRE, Mr. TONKO, Mr. MCMAHON, Mr. Capital and its transition to the Susan G. Mr. CONNOLLY of Virginia): Komen Global Race for the Cure on June 6, H. Res. 370. A resolution expressing support CLEAVER, and Mr. COSTELLO. 2009, and for other purposes; to the Com- for designation of April 27, 2009, as ‘‘National H.R. 1017: Ms. HERSETH SANDLIN. mittee on Energy and Commerce. Healthy Schools Day’’; to the Committee on H.R. 1028: Mr. MCGOVERN and Mr. FRANK of By Mrs. LOWEY: Oversight and Government Reform. Massachusetts. H. Con. Res. 110. Concurrent resolution H.R. 1030: Mr. COBLE. supporting the goals and ideals of National f H.R. 1032: Ms. RICHARDSON and Mr. Celiac Awareness Month, and for other pur- ADDITIONAL SPONSORS FRELINGHUYSEN. poses; to the Committee on Energy and Com- H.R. 1053: Mr. MASSA. merce. Under clause 7 of rule XII, sponsors H.R. 1054: Mr. BOREN. By Mr. KLEIN of Florida (for himself, were added to public bills and resolu- H.R. 1067: Mr. COSTELLO, Ms. BERKLEY, and Mr. PENCE, Mr. BERMAN, Ms. ROS- tions as follows: Mr. LARSEN of Washington. LEHTINEN, Mr. WAXMAN, Mr. FRANK of H.R. 22: Mr. MILLER of North Carolina, Mr. H.R. 1074: Mr. ROE of Tennessee, Mr. Massachusetts, Mr. MCMAHON, Ms. MICA, and Mr. LEWIS of Georgia. MCCAUL, Mr. ROGERS of Michigan, and Mr. BERKLEY, Mr. WEXLER, Mr. BURTON of H.R. 23: Mr. MEEKS of New York, Mr. PETERSON. Indiana, Mrs. CAPPS, Mr. KIRK, Mr. HIMES, Mr. PASCRELL, Mr. SHERMAN, Mr. H.R. 1079: Mr. MARSHALL, Mr. MCGOVERN, KAGEN, Mr. ELLISON, Mrs. MALONEY, DREIER, Mr. BERMAN, Mr. SHULER, and Mr. and Mr. PASCRELL. Mr. HOLT, Mr. GRAYSON, Ms. SCHA- COSTELLO. H.R. 1091: Mr. HARE. KOWSKY, Mr. ENGEL, Ms. WASSERMAN H.R. 49: Mr. ROONEY. H.R. 1118: Mr. CALVERT. SCHULTZ, Mrs. MCCARTHY of New H.R. 147: Mrs. MALONEY. H.R. 1126: Mr. RAHALL, Mr. HINCHEY, and York, Mr. POE of Texas, Mr. LANCE, H.R. 175: Mr. MORAN of Virginia. Mrs. MALONEY. Mr. LAMBORN, Mr. HENSARLING, Mr. H.R. 181: Mr. ALTMIRE and Mr. HOLT. H.R. 1142: Mr. FILNER. WOLF, and Mr. ROHRABACHER): H.R. 186: Mr. GRAYSON. H.R. 1147: Mr. COHEN, Ms. LEE of California, H. Res. 364. A resolution condemning all H.R. 205: Ms. JENKINS. Mr. RANGEL, Mr. LEWIS of Georgia, and Mrs. forms of anti-Semitism and reaffirming the H.R. 233: Mr. PERLMUTTER. MCCARTHY of New York. support of Congress for the mandate of the H.R. 235: Mr. ARCURI, Mr. ROONEY, Mr. H.R. 1149: Mr. MCCOTTER. Special Envoy to Monitor and Combat Anti- COSTA, and Ms. KILROY. H.R. 1179: Mr. TOWNS, Mr. KING of New Semitism, and for other purposes; to the H.R. 270: Mr. MILLER of Florida and Mr. York, Mr. DOGGETT, Mr. MOORE of Kansas, Committee on Foreign Affairs. MARSHALL. Ms. SHEA-PORTER, Mr. MCNERNEY, and Mr. By Ms. BALDWIN (for herself, Mr. SES- H.R. 303: Mr. FORTENBERRY, Mr. RYAN of HIMES. SIONS, Mr. ALTMIRE, Mr. KIND, Mr. Ohio, Mr. BURTON of Indiana, Mr. GOOD- H.R. 1189: Mr. MITCHELL. COBLE, Mr. GRAYSON, Mr. TERRY, Mr. LATTE, and Mr. MILLER of North Carolina. H.R. 1203: Mr. LIPINSKI, Ms. MCCOLLUM, Mr. MCCOTTER, Mr. BOOZMAN, Mr. MORAN H.R. 347: Mr. ALTMIRE, Mr. WOLF, and Mr. BISHOP of Georgia, Mr. PERLMUTTER, Mr. of Virginia, Mr. GENE GREEN of CAO. GRAVES, and Mr. BUTTERFIELD. Texas, Mr. MARCHANT, Mr. ISRAEL, H.R. 442: Mr. MCCAUL, Mr. ROE of Ten- H.R. 1204: Mr. KENNEDY. Mr. KAGEN, Mr. KING of New York, nessee, Mr. BACHUS, and Mr. BISHOP of Geor- H.R. 1205: Mr. THOMPSON of Pennsylvania, Mr. PETRI, Mr. HINOJOSA, Ms. gia. Mr. LUETKEMEYER, Ms. MATSUI, and Mr. BORDALLO, Mr. HASTINGS of Florida, H.R. 450: Mr. HERGER. DOYLE. and Mr. SERRANO): H.R. 481: Mr. PAULSEN. H.R. 1209: Mr. WAXMAN, Mr. WATT, Mr. H. Res. 366. A resolution recognizing the H.R. 560: Mr. HARPER. ADLER of New Jersey, Mr. BERMAN, Mr. 40th anniversary of the National Eye Insti- H.R. 574: Mr. BERRY, Mr. LARSON of Con- BUTTERFIELD, Mr. CLAY, Mr. DAVIS of Ala- tute (NEI) and expressing support for des- necticut, Mr. NADLER of New York, Mr. bama, Mr. DELAHUNT, Ms. DELAURO, Mr. ignation of 2010 through 2020 as the ‘‘Decade TONKO, and Mr. BROUN of Georgia. FRANK of Massachusetts, Mr. AL GREEN of of Vision’’; to the Committee on Energy and H.R. 610: Mr. ABERCROMBIE. Texas, Mrs. HALVORSON, Mr. HASTINGS of Commerce. H.R. 616: Mr. TEAGUE, Mr. WAMP, Mr. TAN- Florida, Mr. HINOJOSA, Ms. KAPTUR, Mr. By Ms. CORRINE BROWN of Florida NER, Mr. SALAZAR, Mr. NUNES, Mr. BACHUS, LEWIS of Georgia, Mr. MAFFEI, Mr. GEORGE (for herself, Mr. CASTLE, Ms. NORTON, and Mr. MARSHALL. MILLER of California, Mr. PASCRELL, Mr. Mr. DAVIS of Illinois, and Ms. ROY- H.R. 621: Mr. MICHAUD, Mr. MCHUGH, Mr. PAYNE, Mr. RUSH, Mr. SMITH of Washington, BAL-ALLARD): LATTA, and Mr. ORTIZ. Mr. STARK, Mr. VAN HOLLEN, Ms. WATERS, H. Res. 367. A resolution supporting the H.R. 622: Mr. PUTNAM. and Ms. WATSON. goals and ideals of National Train Day; to H.R. 627: Mr. ISRAEL, Mr. ENGEL, Mr. GOR- H.R. 1210: Mr. MCNERNEY, Mr. HARPER, and the Committee on Transportation and Infra- DON of Tennessee, Mr. SIRES, Ms. TITUS, Mr. Mr. MITCHELL. structure. MITCHELL, Ms. JACKSON-LEE of Texas, Mr. H.R. 1240: Mr. TONKO. By Mr. LOEBSACK (for himself, Mr. MCNERNEY, Mr. PETERS, Mr. TIERNEY, Ms. H.R. 1283: Mr. CARNAHAN and Mr. DAVIS of BOSWELL, Mr. BRALEY of Iowa, Mr. SPEIER, Mr. CARSON of Indiana, and Mr. BOC- Illinois. LATHAM, and Mr. KING of Iowa): CIERI. H.R. 1285: Mr. PAYNE, Mr. EHLERS, and Mr. H. Res. 368. A resolution congratulating H.R. 653: Mr. PLATTS and Mr. TONKO. SHIMKUS. the University of Iowa Hawkeyes wrestling H.R. 669: Mr. FILNER. H.R. 1298: Mr. HOEKSTRA, Mr. PLATTS, Mr. team on winning the 2009 NCAA Division I H.R. 678: Mr. FARR, Mr. HINOJOSA, and Ms. PETRI, and Mr. HASTINGS of Washington. National Wrestling Championships; to the KILPATRICK of Michigan. H.R. 1313: Mr. FORBES, Mr. WOLF, Mr. Committee on Education and Labor. H.R. 716: Mr. HIGGINS. PAUL, and Mr. SESTAK. By Mr. TIBERI (for himself and Ms. H.R. 745: Mr. JONES, Mr. PASCRELL, and Mr. H.R. 1326: Mr. BERMAN and Mr. LANCE. KILROY): GUTIERREZ. H.R. 1327: Mr. HARE, Mr. ELLSWORTH, Mr. H. Res. 369. A resolution congratulating H.R. 775: Mr. AL GREEN of Texas, Mr. MAN- QUIGLEY, Mr. MOORE of Kansas, Mr. MCCAR- the Columbus Crew on winning the 2008 ZULLO, Mr. STEARNS, Mr. FORTENBERRY, Mr. THY of California, Mr. MICHAUD, Mr. BLUNT,

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Mr. CONAWAY, Mr. BUCHANAN, Mr. TONKO, Mr. H.R. 1841: Mr. ARCURI.– H. Res. 81: Mr. KIND. STEARNS, Mr. SMITH of New Jersey, Mrs. H.R. 1844: Mr. SESTAK and Mr. PAYNE.– H. Res. 174: Ms. SCHAKOWSKY. H.R. 1845: Mr. NYE.– MALONEY, Mr. GUTIERREZ, Mr. ACKERMAN, H. Res. 185: Mr. GRIJALVA, Mr. INGLIS, Ms. H.R. 1869: Mr. RANGEL, Mrs. DAHLKEMPER, Mr. PUTNAM, Mrs. HALVORSON, Mrs. DAVIS of LEE of California, and Mr. SCOTT of Virginia. California, Mrs. LOWEY, Mr. ARCURI, and Mr. Mr. WEINER, Ms. SCHAKOWSKY, Ms. NORTON, H. Res. 192: Mr. OLVER, Mr. MCDERMOTT, ROYCE. Mr. KILDEE, Mr. HINOJOSA, Mr. HOLT, Mr. Mr. LATHAM, Mr. SCOTT of Virginia, Mr. H.R. 1346: Mr. BARROW and Mr. JONES. CAPUANO, Mr. BLUMENAUER, Mr. RUSH, Mr. SERRANO, Ms. LEE of California, Mr. CHAN- H.R. 1362: Mr. MCCARTHY of California and PAYNE, Mr. WELCH, and Mr. PUTNAM. DLER, Mr. GRIJALVA, and Mr. ORTIZ. Mr. MITCHELL. H.R. 1903: Mr. AUSTRIA and Mr. GOODLATTE. H. Res. 193: Mr. MCINTYRE. H.R. 1384: Mr. FLEMING and Mr. LAMBORN. H.R. 1913: Mr. CONNOLLY of Virginia, Ms. H.R. 1392: Mr. BERRY. DEGETTE, Mr. FATTAH, Mr. MILLER of North H. Res. 204: Mr. DEAL of Georgia, Mr. H.R. 1396: Mr. BURGESS and Ms. KAPTUR. Carolina, Ms. CLARKE, Mr. LOEBSACK, Mr. MATHESON, and Mr. CASSIDY. H.R. 1410: Mr. CARNAHAN, Ms. BERKLEY, Mr. PIERLUISI, Mr. JOHNSON of Georgia, Mr. H. Res. 244: Mr. FORBES. YARMUTH, Ms. SHEA-PORTER, and Mr. RAN- MCMAHON, Mr. FARR, Mr. CLEAVER, Mr. KEN- H. Res. 252: Mr. KILDEE, Mrs. MCCARTHY of GEL. NEDY, Mr. JACKSON of Illinois, Ms. HIRONO, New York, Mr. MCCAUL, Mr. PERRIELLO, Mr. H.R. 1422: Mr. MCCOTTER. Mr. ENGEL, Mr. CARNAHAN, Ms. MOORE of SALAZAR, and Mr. MINNICK. Wisconsin, Mr. MARKEY of Massachusetts, H.R. 1427: Mr. WOLF. H. Res. 259: Mr. AKIN, Mr. RANGEL, Mr. Mr. PASCRELL, Mr. YARMUTH, Ms. LORETTA H.R. 1428: Mr. BISHOP of Utah. BISHOP of Georgia, Mr. ALEXANDER, Mr. SHU- SANCHEZ of California, Mr. AL GREEN of H.R. 1433: Mr. MCHUGH. STER, Ms. BORDALLO, Mr. KING of New York, Texas, Ms. FUDGE, Mr. BACA, and Mr. CARSON H.R. 1434: Mr. MCHUGH. Mr. TAYLOR, Mr. MANZULLO, Mr. JONES, Mr. of Indiana. H.R. 1454: Mr. HOLT, Mr. CLEAVER, and Ms. BILBRAY, Mr. MICHAUD, Mr. HALL of New H.R. 1915: Mr. TONKO. LEE of California. York, Mr. RODRIGUEZ, Mrs. HALVORSON, Mr. H.R. 1924: Mr. COLE, Mr. MORAN of Virginia, H.R. 1457: Mr. SMITH of New Jersey. MITCHELL, Mr. ROE of Tennessee, Mrs. Mr. OLVER, and Mr. POMEROY. H.R. 1460: Ms. CASTOR of Florida. MYRICK, Mr. SNYDER, Mr. BOYD, and Mr. H.R. 1926: Mr. CLEAVER. H.R. 1479: Mr. BISHOP of Georgia and Ms. H.R. 1930: Ms. SCHAKOWSKY and Mr. FARR. FORBES. LEE of California. H.R. 1932: Mr. SESTAK. H. Res. 260: Mr. GRAYSON, Mr. PASCRELL, H.R. 1483: Mr. PASCRELL. H.R. 1941: Mr. MCCAUL and Mr. ISSA. Ms. KAPTUR, and Mr. RUSH. H.R. 1519: Mr. PAULSEN. H.R. 1956: Mr. BURGESS and Mr. BACHUS. H. Res. 300: Mr. CALVERT, Mr. HALL of New H.R. 1521: Mr. CLAY, Mr. BARRETT of South H.R. 1993: Mr. GRAYSON and Mr. FILNER. York, Mrs. LUMMIS, and Mr. TONKO. Carolina, and Mr. YOUNG of Alaska. LLISON H.R. 2000: Mr. E . H. Res. 311: Mr. DEFAZIO, Mr. WHITFIELD, H.R. 1523: Ms. LEE of California. H.R. 2009: Mr. CHAFFETZ, Mr. FLEMING, Mr. Mr. HALL of Texas, Mr. ELLSWORTH, Mr. CAL- H.R. 1547: Mr. LEE of New York, Mr. MIL- KING of Iowa, Mrs. LUMMIS, Mr. BARTLETT, VERT, Mr. CHANDLER, Ms. BEAN, Ms. SLAUGH- LER of North Carolina, Mr. WAMP, Mr. CHIL- Mr. PITTS, Mr. MANZULLO, Mrs. BACHMANN, TER, Ms. HERSETH SANDLIN, Mr. HARE, Mr. DERS, Mr. CAO, Mr. HERGER, Mr. PUTNAM, and Mrs. BLACKBURN, Mr. JORDAN of Ohio, Mr. DREIER, Ms. RICHARDSON, Mr. BARROW, Mr. Mr. WHITFIELD. PRICE of Georgia, Mr. GARRETT of New Jer- MILLER of Florida, Mr. WILSON of South H.R. 1548: Mr. WHITFIELD. sey, Mr. AKIN, Mr. LAMBORN, Ms. FALLIN, Mr. Carolina, Mr. CARNAHAN, Mr. QUIGLEY, Ms. H.R. 1551: Mr. PASTOR of Arizona, Mr. KEN- ROYCE, Mr. BONNER, Mr. FLAKE, Mr. OLSON, HIRONO, and Mr. BURTON of Indiana. NEDY, and Mr. TONKO. Mr. BARRETT of South Carolina, Mr. BURTON H. Res. 327: Mrs. MCCARTHY of New York, H.R. 1552: Mr. CARNEY, Mr. CHAFFETZ, and of Indiana, Mr. GINGREY of Georgia, and Mr. Mr. HIGGINS, Mr. CROWLEY, Mr. HALL of New Mr. PAUL. ROHRABACHER. York, Mr. NADLER of New York, Mr. ISRAEL, H.R. 1558: Mr. PASCRELL. H.R. 2014: Mr. BOUSTANY, Ms. KOSMAS, Mr. Mr. ACKERMAN, Mrs. MALONEY, Ms. H.R. 1564: Mr. MCDERMOTT. LATTA, Mr. LINDER, Mr. MICHAUD, Mr. FOR- VELA´ ZQUEZ, and Mr. TONKO. H.R. 1570: Mr. CONNOLLY of Virginia and TENBERRY, Mr. TAYLOR, Ms. SCHWARTZ, Mr. Mr. SESTAK. GRAYSON, Mr. BURGESS, Mr. KRATOVIL, Mr. H. Res. 329: Ms. PINGREE of Maine and Mr. H.R. 1571: Mr. YOUNG of Alaska. PETERSON, Mr. MICA, Mr. ALTMIRE, and Mr. YARMUTH. H.R. 1585: Mr. GRIJALVA, Ms. ROYBAL- PETERS. H. Res. 331: Mr. HINOJOSA, Mr. PAYNE, Mr. ALLARD, Ms. MATSUI, Mr. PASCRELL, and Mr. H.R. 2026: Mrs. MYRICK. SESTAK, and Mr. MOORE of Kansas. LYNCH. H.R. 2036: Mr. YOUNG of Alaska and Mr. H. Res. 337: Mrs. TAUSCHER, Ms. TSONGAS, H.R. 1616: Mr. SIRES and Mr. PASCRELL. ETHERIDGE. and Mr. SESTAK. H.R. 1619: Mr. PASTOR of Arizona, Mr. H.R. 2053: Mr. GRIJALVA and Mr. SABLAN. H. Res. 340: Ms. DEGETTE, Mr. BERMAN, Mr. COURTNEY, and Mr. FILNER. H.R. 2060: Mr. GRAYSON, Mr. CASTLE, and FILNER, and Mr. BISHOP of Georgia. Mr. COSTELLO. H.R. 1622: Mr. MCCOTTER. H. Res. 344: Mr. SESTAK. H.R. 1633: Mr. LEWIS of Georgia, Mr. ALEX- H.R. 2065: Ms. DELAURO and Mr. ELLISON. H. Res. 348: Ms. GIFFORDS, Mr. DAVIS of Illi- ANDER, and Mr. PETERSON. H.R. 2067: Mr. SERRANO, Ms. CORRINE nois, Mr. SKELTON, Mrs. EMERSON, Ms. H.R. 1642: Mr. SESTAK. BROWN of Florida, and Mr. FILNER. DELAURO, Mr. SERRANO, Mrs. DAVIS of Cali- H.R. 1646: Mr. DAVIS of Illinois, Mr. YOUNG H.R. 2076: Ms. SCHAKOWSKY and Mr. RODRI- fornia, Ms. MATSUI, Mr. BERRY, Mr. POM- of Alaska, Mr. LINCOLN DIAZ-BALART of Flor- GUEZ. EROY, Mr. COOPER, Mr. SPRATT, Mr. BLU- ida, Mr. FORBES, and Mr. MCGOVERN. H.R. 2080: Mr. WELCH, Mr. ARCURI, and Mr. MENAUER, Mr. SCHIFF, Ms. DEGETTE, Mr. H.R. 1668: Mr. BILBRAY. MICHAUD. H.R. 2083: Mr. SIMPSON and Mrs. MYRICK. ROTHMAN of New Jersey, and Mr. SNYDER. H.R. 1670: Mr. ALTMIRE, Mr. PASCRELL, Mr. H.R. 2090: Mr. TONKO and Mr. HINCHEY. H. Res. 349: Mr. UPTON, Mr. LATOURETTE, JACKSON of Illinois, and Mr. GUTIERREZ. H.R. 2094: Mr. FARR. Mr. KIRK, Mr. WALDEN, Mr. LANCE, Mr. CAS- H.R. 1671: Mr. CARNAHAN and Mr. ALEX- H.J. Res. 41: Mr. PLATTS. TLE, Mrs. EMERSON, Mrs. MILLER of Michi- ANDER. H. Con. Res. 20: Ms. MOORE of Wisconsin, gan, Mr. PAULSEN, Mr. COBLE, Mr. KENNEDY, H.R. 1677: Mrs. DAVIS of California. Ms. SCHAKOWSKY, and Ms. MCCOLLUM. and Mr. KING of New York. H.R. 1678: Mr. FLEMING. H. Con. Res. 48: Ms. MOORE of Wisconsin. H. Res. 350: Mr. ANDREWS, Mr. BACA, Ms. H.R. 1681: Ms. KILPATRICK of Michigan, Ms. H. Con. Res. 49: Mr. CAMPBELL and Mr. CASTOR of Florida, Mr. CASTLE, Mr. BRADY of SCHAKOWSKY, and Mr. PETERSON. DUNCAN. Pennsylvania, Mr. THOMPSON of Pennsyl- H.R. 1691: Mr. SMITH of New Jersey. H. Con. Res. 89: Ms. SCHAKOWSKY, Mr. PAL- vania, Mr. KANJORSKI, Ms. SCHWARTZ, Mr. H.R. 1704: Mr. KIRK, Mr. SESTAK, and Ms. LONE, Mr. COHEN, Mr. ENGEL, Ms. SCHWARTZ, DOYLE, Mr. HOLDEN, Mrs. BIGGERT, Mr. YAR- EDDIE BERNICE JOHNSON of Texas. Mr. FRANK of Massachusetts, Mr. ACKERMAN, MUTH, Mr. ROTHMAN of New Jersey, Mr. ROO- H.R. 1708: Mr. BOOZMAN and Mr. PASCRELL. and Mrs. LOWEY. NEY, and Mr. PALLONE. H.R. 1718: Ms. KILPATRICK of Michigan. H. Con. Res. 96: Mr. SESTAK and Mr. SES- H.R. 1724: Mr. MASSA. SIONS. H.R. 1728: Mr. MEEKS of New York. H. Con. Res. 99: Mr. SESTAK, Ms. HIRONO, f H.R. 1741: Mr. PIERLUISI.– and Mr. GRAYSON. H.R. 1742: Mrs. TAUSCHER.– H. Con. Res. 102: Mr. SESTAK, Mr. GUTIER- DELETIONS OF SPONSORS FROM H.R. 1751: Mr. PASTOR of Arizona.– REZ, and Ms. KAPTUR. H.R. 1761: Mr. SCHAUER.– H. Con. Res. 103: Mr. SNYDER, Mr. SHER- PUBLIC BILLS AND RESOLUTIONS H.R. 1775: Mr. GRAYSON, Mr. SESTAK, and MAN, Ms. SCHAKOWSKY, Ms. BORDALLO, Mr. Under clause 7 of rule XII, sponsors Mr. TONKO.– MASSA, Mr. GENE GREEN of Texas, Mr. were deleted from public bills and reso- H.R. 1776: Mr. PASCRELL.– CARNAHAN, and Mr. MCGOVERN. H.R. 1799: Mr. SIMPSON and Mr. GUTHRIE.– H. Con. Res. 107: Mr. PAYNE, Ms. NORTON, lutions as follows: H.R. 1835: Mr. FOSTER, Mr. PERLMUTTER, Mr. HASTINGS of Florida, Mr. SERRANO, and H. Con. Res. 49: Ms. EDDIE BERNICE JOHN- and Mr. BARROW.– Mr. SESTAK. SON of Texas.

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RECOGNIZING SERGEANT ROBERT As Robert cheats death, America’s Best . . . cation Exchange—that are authorized in the BARTLETT FOR HIS HEROIC As with his story, and courage and faith . . . Elementary and Secondary Education Act as SERVICE IN COMBAT AND WORK An American tale our world will bless . . . A messenger from God, exploding . . . part of the Civic Education program—The ON VETERANS HEALTH CARE As he looks into a mirror, his darkest fears Education for Democracy Act supports civic REFORM are realized . . . programs, such as We the People and the Co- Reloading, his new battle begins! operative Education Exchange Program, to HON. HARRY E. MITCHELL He cries . . . educate American students about the funda- OF ARIZONA As half his face is gone, has died . . . In this face of courage we see . . . mental ideals of the United States. IN THE HOUSE OF REPRESENTATIVES The true definition of beauty . . . National Council on Economic Education for Thursday, April 23, 2009 Countless operations, courage’s full measure the Cooperative Education Exchange program, Mr. MITCHELL. Madam Speaker, I rise ... All in faith’s affirmation . . . which is authorized in the Elementary and today to honor the military service of one of Both Beauty and The Beast . . . Secondary Education Act as part of the Civic Arizona’s finest sons, Robert Bartlett. As his shot is heard around the world . . . Education Program—The Education for De- Sergeant Bartlett enlisted in the U.S. Army As his courage is unfurled . . . beyond belief mocracy Act supports civic programs, such as in 2003 and was severely wounded by a road- ... We the People and the Cooperative Education side bomb in May 2005 while on patrol in Iraq. A Beautiful Man . . . Exchange Program, to educate American stu- In the aftermath of the explosion, Sergeant With every step, reloading . . . Bartlett twice suffered cardiac and respiratory With the Height of Courage exploding . . . dents about the fundamental ideals of the failure and underwent dozens of surgeries. He He takes command! United States. This Army Man . . . a real Hero, a fine has become a vocal supporter of mental American! f health care for veterans returning from com- Who against all odds, now stands . . . bat, and he serves as an example of courage Out on point, as a lone centurion . . . HONORING AMELIA LEVER FOR and patriotism to his comrades in arms and ci- Of faith and courage . . . RECEIVING NATIONAL ‘‘LETTERS vilians alike. To teach us all, and all our souls to nourish The following poem was penned by U.S. ... ABOUT LITERATURE’’ AWARD Capitol guide Albert Carey Caswell in honor of With his even greater weapon, he now fights Sergeant Bartlett and his heroic service in ... As from his heart of courage, comes the light HON. MICHELE BACHMANN combat and afterward. ... ONE SHOT All in God’s glory, his being . . . his soul . . . OF MINNESOTA One his very story . . . IN THE HOUSE OF REPRESENTATIVES One shot . . . For he will not miss, that One Shot! Is all we have! Madam Speaker, Sergeant Bartlett remains Monday, April 27, 2009 All in our lives to give . . . on active duty, stationed at Walter Reed Army All in how we’ve got! Medical Center. I ask my colleagues to join Mrs. BACHMANN. Madam Speaker, I rise All in our choices . . . today to honor Miss Amelia Lever of All through our inner voices . . . me in commending him for his continued serv- Taking sight . . . our scope . . . ice, even after great personal tragedy, and in Albertville, Minnesota, for being chosen as a As from our souls, comes hope . . . wishing him success throughout the rest of his national winner in the Letters about Literature One shot . . . military career. Reading Contest. Taking aim with our hearts . . . f Miss Lever, a senior at St. Michael- All in what we’ve invoked . . . As our sights becoming clear . . . DECLARATION OF SUPPORT FOR Albertville High School, was chosen as one of As our targets in life appear . . . NATIONAL PROJECT FUNDING six winners in a national competition with As from these ashes, rose . . . 55,000 students for her letter to poet Linda This is a Real American Hero . . . HON. CHARLES W. DENT Paston. After studying the piece, ‘‘Caroline,’’ As oneself forsaken . . . OF PENNSYLVANIA Miss Lever chose to write a letter to the author But, for The Greater Good . . . To stand tall in all you would . . . IN THE HOUSE OF REPRESENTATIVES expressing the positive impact the poem pro- In that battle of evil versus good . . . Monday, April 27, 2009 vided as she dealt with the tragedy of losing To wear the uniform, with hearts of courage Mr. DENT. Madam Speaker, I supported the her sister in an accident. warm . . . With all you could . . . following national projects that received fund- ‘‘I personally attribute a great deal of that As into that valley of death . . . ing through H.R. 1105, The Omnibus Appro- peace to your poem, ‘Caroline,’ ’’ Miss Lever As Robert, you marched on so until none was priations Act, 2009. wrote. ‘‘I realize we can endure this pain only left! National Writing Project for activities under because of small miracles we experience While, there on a battlefield of honor dying the Elementary and Secondary Education every day. ‘Caroline’ is one of those miracles.’’ ... Act—The National Writing Project focuses on As your face is almost gone, as you lay lying the teaching of writing and the professional The panel of judges gave Miss Lever a per- ... development of writer instructors to ensure el- fect score for her ‘‘original, emotional, gen- As a mother awakes crying . . . ementary and secondary students become uine, and inspiring response,’’ and Target do- As somehow she knows her son is dying . . . successful writers and learners. nated a $10,000 grant to St. Michael Catholic But, beauty is but skin deep . . . Reading is Fundamental authorized under Library on her behalf. And our Lord, shall hold in his arms all of the Elementary and Secondary Education those whose faith so keeps! Madam Speaker, on behalf of the Sixth Dis- Now, digging . . . digging in deep . . . Act—RIF promotes youth literacy by providing underserved children access to free and new trict of Minnesota, I want to congratulate Amel- As your will to live keeps, is found in each ia Lever for her talent and national achieve- and every heart beat! books in every state and territory across the Dying, three times . . . fighting to stay alive country. ment. I wish her the very best as she grad- ... Center for Civic Education for two pro- uates high school and pursues what are sure All in your beliefs . . . grams—We the People and Cooperative Edu- to be bright endeavors in her future.

● This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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HON. ALLYSON Y. SCHWARTZ HON. LUIS V. GUTIERREZ HON. SAM GRAVES OF ILLINOIS OF PENNSYLVANIA OF MISSOURI IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Monday, April 27, 2009 Monday, April 27, 2009 Mr. GUTIERREZ. Madam Speaker, I rise Monday, April 27, 2009 today to announce the introduction of my bill, Ms. SCHWARTZ. Madam Speaker, I rise the Alert Laid off Employees in Reasonable today to honor and congratulate Abington Mr. GRAVES. Madam Speaker, I proudly Time (ALERT) Act, legislation to amend the Township, a community in my district that has pause to recognize Darrell Wayne VanZandt II definition of ‘‘mass layoff’’ in the federal Work- been recognized with three distinct national a very special young man who has exempli- er Adjustment and Retraining Notification honors. Abington Township is a three-time fied the finest qualities of citizenship and lead- (WARN) Act and to increase penalties for the winner of America’s Promise ‘‘100 Best Com- ership by taking an active part in the Boy violation of this act. munities for Young People’’ in the United Scouts of America, Troop 145, and in earning With unemployment levels on the rise, wide- States, and in fact, the township is the only the most prestigious award of Eagle Scout. spread layoffs have ravaged our nation’s three-time winner in Pennsylvania. Money Darrell has been very active with his troop workforce. All too frequently, employees are Magazine named Abington Township as one participating in many scout activities. Over the provided with no more than a month’s notice of the ‘‘100 Best Places to Live in America’’ many years Darrell has been involved with to prepare for unemployment, and often less and most recently, US News & World Report scouting, he has not only earned numerous than that. This is a critical time that employees awarded Abington Senior High School a merit badges, but also the respect of his fam- need to prepare for unemployment and to bronze medal as one of America’s best high ily, peers, and community. make informed financial decisions. schools. Current federal law does not do enough to I have had the privilege of representing Ab- Madam Speaker, I proudly ask you to join me in commending Darrell Wayne VanZandt II protect these workers. Under the federal ington in the Pennsylvania State Senate and WARN Act, employers are only required to for his accomplishments with the Boy Scouts now as a member of Congress. I am also provide 60-days notice if the mass layoff im- of America and for his efforts put forth in proud to be an Abington resident. Over the pacts at least 500 employees or 33 percent of achieving the highest distinction of Eagle years, I have seen first-hand Abington’s dem- a workforce when that percentage represents onstrated commitment to building a strong Scout. at least 50 employees at one employment site. community dedicated to the advancement of More and more, companies are conducting the lives of its young people. f widespread layoffs which, nationwide, can im- Abington Township’s ‘‘Triple Crown Awards’’ pact hundreds and even thousands of employ- HONORING THE ACCOMPLISH- are the result of a concerted collaborative ef- ees but these massive layoffs often fail to trig- MENTS OF MAYOR NORM fort among the school district, police depart- ger the WARN Act at each employment site. GRIMSLEY ment, community organizations, businesses, As such, far too many employees are denied and residents who have worked tirelessly to the protections they are entitled to. create a responsible, caring, and safe commu- To address this issue, I am proud to have nity. They’ve established the Abington Com- HON. DEBORAH L. HALVORSON introduced the ALERT Act. This legislation munity Taskforce, comprised of parents, po- OF ILLINOIS amends the definition of a ‘‘mass layoff’’ to in- clude layoffs by one employer at more than lice, religious and civic leaders and over thirty IN THE HOUSE OF REPRESENTATIVES civic groups, dedicated to the mission of one worksite. In addition, this bill would in- teaching tolerance, promoting neighborhood Monday, April 27, 2009 crease the penalty for violating the WARN Act safety, and building strong families. to two times back pay and benefits. The Abington Police Department has estab- Mrs. HALVORSON. Madam Speaker, I rise Madam Speaker, in these challenging eco- lished strong community partnerships with in- today to recognize Norm Grimsley for his nomic times it is our responsibility do all we novative programs like D.A.R.E, the Police twenty-seven years of service as Mayor of can to protect the workers. We must always Athletic League, Citizens and Police Together, Aroma Park and dedication to his family. remember that they are a key component to Kids in Safety Seats, and Town Watch. Abing- Under Mayor Grimsley’s tenure, the Village the growth of our economy and we must al- ton Township adopted the state-sponsored of Aroma Park added a sewer system, which ways ensure that they are protected, espe- Communities That Care Initiative to advance has greatly improved the quality of life of vil- cially in this time of uncertainty. I am joined in their collaborative efforts based on an annual lage residents. He worked to encourage the support of this bill by the United Electrical Workers Union (UE) and the United Food and needs assessment to best direct their long- growth of new businesses, which brought Commercial Workers (UFCW). term community building initiatives. They’ve Aroma Park thousands of dollars in additional established joint initiatives between the school revenue each year. Mayor Grimsley showed f district and police department, including an strong leadership on transportation issues, as TRIBUTE TO THE 10TH ANNIVER- anti-drug program and the Community Part- evident in Aroma Park’s early support and par- SARY OF THE FREMONT FAMILY nership of Youth and Adults to encourage ticipation in the River Valley Metro Bus Sys- RESOURCE CENTER community spirit and participation. tem. Abington Township is the recipient of re- Mayor Grimsley has enjoyed a forty-five HON. FORTNEY PETE STARK peated national recognition because, as a year marriage to his wife Pam. He raised two OF CALIFORNIA community, the people of Abington represent IN THE HOUSE OF REPRESENTATIVES values that are at the very core of the Amer- successful children: Mike, a health manager ican spirit—duty, respect, selfless service, and Carrie Grimsley-Jones, a professor of Monday, April 27, 2009 honor, and integrity. anatomy and physiology. He also has four grandchildren. Mr. STARK. Madam Speaker, I rise to pay Madam Speaker, I ask that my colleagues tribute to the Fremont Family Resource Center join me in celebrating the incredible accom- Mayor Grimsley has performed decades of (FRC) located in Fremont, California. FRC plishments of Abington Township and wishing superb service for the residents of Aroma opened its doors in June of 1999 and is cur- the residents of the township success in their Park. I am confident that Aroma Park will con- rently celebrating ten years of service to the endeavors to better their community. Abington tinue to prosper under his leadership. He is an community. Township sets an example for all of us to fol- excellent role-model in many capacities includ- The Fremont Family Resource Center is a low. I couldn’t be prouder of Abington for its ing, community leader, spouse, father, and collaborative effort of 27 California State, outstanding efforts. grandfather. County, City and non-profit service agencies,

VerDate Mar 15 2010 13:58 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR09\E27AP9.000 E27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 8 10803 all working together to serve families in the Board. His record illustrates a sincere dedica- sonal revelation), or that He answered the Tri-City area of southern Alameda County. To- tion to education and advocacy for children’s Founders prayers (collective revelation), not gether, these agencies made the FRC a ‘‘one- issues in the community. Mr. Evans was also once but many times when they pleaded with Him, their Supreme Judge of the World, to stop shop,’’ where families can access a vast instrumental in promoting positive change in establish and restore freedom to a world array of support services and programs. Their the community—and stated that one of his then enslaved by despots and tyrants. And to many services include adult and youth em- proudest moments was the naming of an ele- be able to join with other believers, of many ployment, child care information, referrals, mentary school in Joliet after African-American faiths and cultures, in pleading with the subsidies and counseling and case manage- actress and Joliet native Lynne Thigpen. Lord in prayer for ‘‘the protection of divine ment, housing information, parent support, im- In addition to his involvement in local gov- Providence’’ in a National Day of Prayer migration services, family economic success ernment, Mr. Evans was also active in numer- next week reinforces my beliefs and hopes programs, services for the disabled, nutrition ous community organizations. He founded Jo- that we whom He has entrusted to protect liet Must Vote, co-founded Black Pride Inc., those everlasting principles of liberty given services for mothers and children, domestic vi- us by the Founders is reassuring. – olence prevention services, and health insur- was the vice president of the Unity Community The timing of next weeks prayer days may ance counseling. Development Corp., and served as chairman be providential: they are coming during the Tri-City families make over 100,000 re- of the Will County Head Start Program. In first 100 days of the new administrations ef- quests annually to FRC for services. The or- 2004, he coordinated a Get-Out-the-Vote op- forts to bring about massive change of direc- ganization has become a model of service that eration for then-Senator Barack Obama. tion to the country, both internally and ex- has gained national and international interest The sudden passing of Dave Evans has ternally, and they follow last week’s inspir- and attention. truly shaken the community. His passion for ing ‘‘call to arms’’ for Americans of every On the evening of May 2, 2009, FRC will the Joliet community will live on in the many faith, culture, race and nationality to rally to the defense of their liberties in the form celebrate its 10th anniversary and honor the lives he touched. He is not only recognized for of ‘‘Tea Party’’ protestors. Their ‘‘Tea Bag’’ individuals who have contributed to its suc- his community activism, but for his life as a could well become America’s new symbolic cess. As Fremont’s Human Services Director, husband, father, mentor, advocate, and friend. ‘‘Liberty Bell.’’ These ‘‘Tea Party’’ Suzanne Shenfil’s ‘‘out of the box’’ thinking It is with great pride that I honor the life of Mr. protestors represent that third of the nation and leadership has led efforts to mobilize David Evans. who still believe America is great and that needed social services for vulnerable individ- f God inspired and raised up the Founders to uals in the Tri-City community. She has restore liberty to mankind with a new na- worked tirelessly to bring government and NATIONAL DAY OF PRAYER tion, a nation ‘‘choice above all other na- tions.’’ This third also understands America community organizations together to creatively will not continue to be a powerful and free eliminate barriers and build systems to serve HON. TOM PRICE nation if it continues to allow that secular those in need. Ms. Shenfil is the impetus be- OF GEORGIA third, those who reject God and want to re- hind the creation of the Fremont Family Re- IN THE HOUSE OF REPRESENTATIVES move Him from all aspects of American cul- source Center. Monday, April 27, 2009 ture and dominate American politics, as In addition to the acknowledgment of Su- they are doing today. zanne Shenfil, special recognition is also given Mr. PRICE of Georgia. Madam Speaker, I This third also understands that it is they to other members of the Fremont Family Re- rise today to call attention to an article written who must work to educate (our schools have failed to teach these principles) that middle source team for their commitment and dedica- by Donald Conkey, a constituent of the Sixth Congressional District of Georgia, regarding third who know not what America stands for tion to insure the success of the FRC. This or that their future liberties and freedoms team includes Letha Barnett, Schuman-Liles the National Day of Prayer. Mr. Conkey’s arti- cle reads: are directly connected to the restoration of Clinic; Ledya Cedeno, State Department of those principles upon which America was Rehabilitation; Rodney Clark, Safe Alternatives NATIONAL DAY OF PRAYER founded, with God’s help. And they also un- to Violent Environments; Tony Limperopulos, Donald S. Conkey derstand they are involved in an ideological Alameda County Behavioral Health Care Serv- This column on next week’s Metro Atlanta war, a war of ideas and thoughts that if lost ices; Shirley McPherson, Child Care Links; Prayer Breakfast on Tuesday and the Na- could cost them that way of life they cherish so greatly. and Allen Jackson, Tri-City One Stop Career tional Day of Prayer on Thursday was in- spired by an e-mail, from Sally Field, that And they, as did the Founders 230 years Center, and the Employment Development reminded me of just how much America’s ago, inspired by Paul’s admonition to the Department. Founding Father’s depended upon prayer to Ephesians of old, must put on ‘‘the whole ar- I join the Tri-City community in expressing their ‘‘Creator, the Supreme Judge of the mour of God, that they may stand against appreciation to Human Services Director Su- world’’ to support their efforts in creating a the wiles of the devil,’’ including their zanne Shenfil, the Family Resource Team, nation where liberty could be restored after ‘‘breastplate of righteousness,’’ and their and staff and partner organizations for their vi- nearly three thousand years of despotic and ‘‘shield of faith wherewith they may be able sion and leadership over the past ten years of tyrannical rule that had enslaved mankind to quench all the fiery darts of the wicked’’ as they battle the enemies of liberty and exemplary service. worldwide—and become a beacon of liberty to the world. freedom that want to destroy this nation, f The Founders belief in, and their use of and what it stands for, and make it a nation like unto all other nations, as in United Na- HONORING THE LIFE OF DAVID prayer, as clearly expressed in the Declara- tion of Independence, plus all their writings, tions. EVANS should be a powerful example for those And lastly they fully understand they Americans who fear the nation’s current eco- must unite with others of differing faiths HON. DEBORAH L. HALVORSON nomic challenges and the massive direc- with a unity of purpose, in defense of their liberties, as did the Founders who restored OF ILLINOIS tional changes being made by our nations new administration. those freedoms, and put on their ‘‘helmet of IN THE HOUSE OF REPRESENTATIVES America’s National Day of Prayer has a salvation, and the sword of the spirit . . . Monday, April 27, 2009 long history. A resolution by the first Conti- praying always with all prayer and suppli- nental Congress in 1775 indicated it was ‘‘a cation in the Spirit, watching thereunto Mrs. HALVORSON. Madam Speaker, today time for prayer in forming a new nation.’’ with all perseverance and supplication for all I rise to honor the life of David Evans of Joliet, President John Adams declared May 9, 1798 saints (freedom lovers) like them.’’ Illinois. Mr. Evans passed away in his home ‘‘a day of solemn humiliation, fasting and Next week, as we pray individually, as on Wednesday, March 25, 2009. His legacy prayer,’’ asking citizens of all faiths to pray families, and in larger gatherings as with will continue to flourish in those he left behind: ‘‘that our country may be protected from all Fields Metro Atlanta Prayer Breakfast, we his wife of twenty-five years, Rosie, five chil- the dangers which threaten it.’’ In 1952 Presi- should, remembering the counsel of ages dren, twenty-three grandchildren, and eight dent Truman signed a national day of prayer past, and ‘‘offer a prayer to preserve our na- tion’s liberties’’ and ‘‘that our country may great-grandchildren. proclamation and in 1988 President Reagan established the first Thursday of May as be protected from all the dangers that Mr. Evans was a community leader in Joliet America’s annual National Day of Prayer. threaten it.’’ for decades. He devoted over thirty years to It is gratifying to know that I am not Be assured, all righteous prayers offered public office, including service on the Will alone in believing in the power of prayer, or ‘‘with a firm reliance on the protection of di- County Board and the Joliet School District 86 that God listens to and answers prayer (per- vine Providence’’ will be heard, especially

VerDate Mar 15 2010 13:58 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00003 Fmt 0689 Sfmt 0634 E:\BR09\E27AP9.000 E27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10804 EXTENSIONS OF REMARKS, Vol. 155, Pt. 8 April 27, 2009 from those willing to ‘‘mutually pledge’’ to At the first conference Israel’s Deputy For- them to put aside their own narrow national in- stand with others and take a stand, and work eign Minister sent a statement in which he as- terests and to agree to a strong affirmation of to defend their liberties as did the Founding serted: ‘antisemitism goes far beyond hatred individual rights. It took her three years. When Fathers stand to create them—230 years ago. of Jews. It has arisen where Jews have never she was done, we had a document that af- f lived, and survives where only Jewish ceme- firmed that: ‘it is essential, if man is not to be RECOGNIZING THE DURBAN II teries remain. And while Jews may be the first compelled to have recourse, as a last resort, COUNTERCONFERENCE SPON- to suffer from its influence, they have rarely to rebellion against tyranny and oppression, SORED BY AMERICAN ASSOCIA- been the last.’ that human rights should be protected by the TION OF JEWISH LAWYERS AND Instead of learning from history, Durban I rule of law.’ JURISTS AND THE JEWISH WEEK and II seek to deny what happened, and then Instead of Eleanor Roosevelt, today we to twist its lessons beyond all recognition. have a representative of Libya’s Muhamar HON. CAROLYN B. MALONEY Talking about an actual example of racism Khadafi chairing the planning committee for isn’t favoritism, it’s reality. Pretending it didn’t Durban II. This planning committee includes OF NEW YORK happen or isn’t important just encourages rac- such noted defenders of human rights as Iran IN THE HOUSE OF REPRESENTATIVES ists. After all, Hitler learned a great lesson and Cuba. Monday, April 27, 2009 from the Turkish attacks on the Armenians— Human Rights Watch, a leading human Mrs. MALONEY. Madam Speaker, last week ‘who remembers the Armenians?’ he asked as rights NGO, pointed out the irony of Libya’s we witnessed the deplorable spectacle of a he prepared plans for the final solution. position by sending a Palestinian, Ashraf United Nations conference purporting to ad- If we forget the Holocaust, or hesitate to Ahmed El-Hojouj, to testify before the com- dress the troubling issue of racism, hijacked bring it up, it emboldens the murderers. That’s mittee. He was a medical intern who had been by nations with a deplorable record on human why I have been sponsoring a bill—the Simon detained by Libya’s government and accused rights and turned into an all-out attack on Wiesenthal Holocaust Education Assistance of spreading AIDS, when he had been pro- Israel. I am proud that the American Associa- Act to make sure our young people learn viding medical care. He and five Bulgarian tion of Jewish Lawyers and Jurists, The Jew- about the Holocaust and what happened when nurses were held in dreadful conditions while ish Week and other leading organizations in hatred and intolerance was allowed free reign. the international community struggled to free New York City organized a counter-conference I also authored and passed that Nazi War them and avert a death sentence. that really discussed the continued problems Crimes Disclosure Act, which opened up long- Madam Chair,’ he said. ‘I don’t know if you of racism, racial discrimination, genocide, xen- sealed US government records from World recognize me. I am the Palestinian medical in- ophobia, gender discrimination and religious War II, so that all of us would know what our tern who was scapegoated by your country, intolerance. government knew about the Holocaust and the Libya, in the HIV case in the Benghazi hos- I was pleased to have been asked to ad- Nazis who scrambled to hide their past in the pital, together with five Bulgarian nurses. dress the conference’s opening day. Set forth aftermath of the war. Eight million documents Starting in 1999, as you know, the five below are my remarks: were unclassified as a result. The newly un- nurses and I were falsely arrested, pros- ‘‘I want to thank Robert Weinberg, Marc sealed records have been fascinating—they ecuted, imprisoned, brutally tortured, con- Landis, the American Association of Jewish showed that we knew a lot about Nazi collabo- victed, and sentenced to death. All of this, Lawyers and Jurists and Jewish Week for giv- rators who had murdered Jews, and even in- which lasted for nearly a decade, was for only ing me the opportunity to address you this clude a report from Hitler’s psychiatrist. one reason: because the Libyan government morning. Six months after Durban I, as the world was looking to scapegoat foreigners. Eight years ago at Durban I, we witnessed struggled to comprehend the terrorist attack Madam Chair, if that is not discrimination, a spectacle of anti-semitism the like of which on New York on 9/11, which occurred just two then what is?’ has not been seen since World War II. There days after Durban I’s closing ceremonies, When I began drafting this speech, it was are many places you might expect to see anti- Deputy Minister Melchior gave a speech in three days before the Conference opened, semitism—a ku klan klan rally, a pogrom, a which he juxtaposed the two events, and and it still wasn’t clear which Western coun- neo-Nazi gathering. A UN-sponsored World struggled to make sense of the senseless. He tries would be attending Durban II. The U.S., Conference on Racism would not have imme- said: ‘In an irony of epic proportions, this Con- Israel, Italy, Germany, Canada, New Zealand, diately jumped to my mind—until the gro- ference against Racism itself hosted the most Australia, Poland, Sweden and Holland have tesque carnival of hatred we witnessed 8 racist speeches and proposals to be heard in stated that they won’t go. years ago. an international forum since the second World Some other EU members have also indi- Of course, the UN had passed the illogical War. While doing nothing to help the millions cated that they may walk out—particularly if and hateful Zionism is Racism resolution in of slaves, of impoverished and oppressed, this language to ‘never forget’ the Holocaust is 1975—but they revoked that resolution in Conference became the mouthpiece for a new taken out. But what does it say that the con- 1991 by a vote of 111 to 25, 10 years before and venal form of antisemitism.’ ference will be opened with an address by the the conference. The United Nations can do great work, but notorious Holocaust denier Mahmoud And yet, the warning signs were present. Israel often gets scapegoated by its many en- Ahmadinejad? At the pre-Conference it became clear that emies. But as much as the UN can do wrong, The Bush Administration had been an early the full conference would be dominated by it’s important to remember that it can also do opponent of Durban II and in December, the chants of ‘Zionism equals racism,’ accusations right. Just last year, we celebrated the 50th U.S. cast a symbolic vote against the UN’s that Israel is an apartheid state and other out- anniversary of the Universal Declaration of budget because it included funding for this rageous slanders. Israel and the United States Human Rights, the international equivalent of conference. walked out—as they should have done. the bill of rights. It was the crowning achieve- The Obama Administration, in the spirit in The real irony is that anti-semitism, a form ment of Eleanor Roosevelt, who chaired the which he was elected, made an effort to reach of racism, should be so prevalent at a con- committee responsible for drafting it. It was out and to try to make the conference’s report ference that was supposed to combat racism. written in the aftermath of World War II, as the better. They figured that if we weren’t at the The hate literature distributed during the NGO world struggled to lift itself out of the ashes table, we could be sure that we would object conference included caricatures of Jews with and deal with Hitler’s devastation. The world to the final document. If we were at the table, hooked noses, surrounded by money, and understood what could happen when a truly we had a tiny chance of making it palatable. Israelis wearing Nazi emblems. evil man who controlled a vast store of weap- Unfortunately, in a conference chaired by At the government conference, states such ons was able to give free reign to his desire Libya, our odds of success were limited. And, as Syria and Iran objected to the inclusion of to conquer and destroy. They believed a body it seems clear that our worst expectations Anti-Semitism or the Holocaust in the final re- that defended human rights would surely pre- have been fulfilled. Human rights are being port. They argued that any reference to the vent such evil from rising up in the future. used as a weapon of political interests anti- Holocaust would be ‘favoritism.’ Despite the good will of a newly liberated thetical to human rights protection. Anti-semitism is like the canary in the coal Europe, Eleanor Roosevelt had a long and dif- Was the Obama Administration right to par- mine. It has always come before a hatred that ficult struggle to get the member nations to ticipate in the pre-conference negotiations? spreads through many sectors of society. agree on one document. She had to persuade Some would argue that it wasn’t worth the

VerDate Mar 15 2010 13:58 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR09\E27AP9.000 E27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 8 10805 time, the expense or the frustration. I’ve al- tained and sturdy efforts help the congrega- emerging status as a liberal and secular Re- ways believed that you’re doomed to fail if you tion, community and school flourish. Mrs. public to guide them in the creation of their vi- never try. You can always reject a bad bar- Dahari will receive the Etz Chaim Tree of Life sion. Mustafa Kemal Ataturk, the founder and gain—but you’ll never get what you want if Award for her tireless efforts in connection eventual first President of the Republic of Tur- you don’t ask for it—and you can’t ask for with the Brandeis School, where for over 15 key, designated that day as National Sov- anything if you storm out at the beginning. So, years she has persistently been a guiding light ereignty and Children’s Day, in recognition of I believe President Obama was right to try to students and parents alike. Mrs. Dahari’s the important role that children would play in change the document in the lead up to this contribution as Publicity Chair has made an shaping the country’s future. Ataturk was the conference. And as it became clear that the especially positive impact on the school as a first world leader to take so momentous a step United States could never endorse the final re- whole and is proud to be a parent of the in recognizing the contributions of children to port, he was right to decide not to send a del- school as well. Mr. Fink and Dr. Simons will their nation. egation to the actual conference. both receive the L’Dor Va’Dor Parents of the In Turkey, National Sovereignty and Chil- I think most of the Western nations were Year Award for their noble commitment to dren’s Day is an official public holiday marked more than a little embarrassed by Durban I, both the Brandeis School’s mission and to its by student celebrations that span the entire and that Europe’s enthusiasm for this type of student body. From generation to generation, week of April 23rd. Children ‘govern’ Turkey spectacle has been tempered by the explosion these alumni parents and their families have by sending their own ‘representatives’ to re- of terrorism that the entire world has experi- given selflessly to the school as both Mr. Fink place state officials and high ranking bureau- enced since Durban I. I am pleased the United and Dr. Simons are now proud to send their crats in their offices. The President, Prime States had the company of many other na- own children to the Brandeis School as well. Minister, Cabinet Ministers and provincial gov- tions in boycotting Durban II. Mrs. Susan Sachs will receive the Aishet ernors all turn over their positions to children’s Eleanor Roosevelt believed that our greatest Chayil Award for her determined devotion to representatives. The children assume some of asset is the conviction that our actions accord both the Brandeis School and its Parent’s As- the real responsibilities of legislators by sign- with justice and humanity. I am delighted to be sociation. Mrs. Sachs has certainly been a ing executive orders relating to educational here at the counter-conference, where justice woman of valor, serving the school in multiple and environmental policies. Children also re- and humanity can be the focus. There is so fashions including her work as the Parent’s place the parliamentarians in the Grand Na- much work that could be done at a real con- Association President. Mrs. Sachs is also tional Assembly and hold a special session to ference on racism—exploring ways to bring proud to send her children to the Brandeis discuss children’s issues. These symbolic ges- justice in Darfur, looking at the discrimination School. All of these individuals help to foster tures demonstrate for children how they are against the Baha’i, exploring why the world an environment in which students at the Bran- the future leaders of Turkey, and remind cur- has tolerated a return to clan rule in failed deis School can learn and prosper, toward rent leaders that they are responsible for the states like Somalia and parts of Pakistan, those efforts they are especially deserving of well being of these children and the nation looking at ways to combat xenophobia and in- recognition. that they will inherit. tolerance. In guiding a student body of 350 students in On April 27, 1986, a tradition that began in Once upon a time, we dreamed that the pre-kindergarten through 8th grade, these Turkey was brought to the entire world when United Nations could be a forum to address honorees give of their time and abilities to a the UN General Assembly was opened to chil- those issues. Perhaps in time it could be—but cause greater than themselves. The education dren for the first celebration of World Chil- not when states led by the worst abusers of of our youth will forever be a central and vital dren’s Day. Later that same year, the World human rights get to chair human rights panels, aspect of our society. Giving to children the Children’s Day Foundation (WCDF) was es- and not when narrow political interests are al- opportunity to learn and achieve will continue tablished to oversee World Children’s Day ac- lowed to dominate. I hope, if there ever is a to encourage our youth to explore their own tivities. The program’s goals were to equip Durban III, it will be convened in an earnest gifts, talents and abilities in a safe, supportive children to make a difference in their own lives effort to achieve equality.’’ learning environment. Toward this end, these and the future of their communities and na- Madam Speaker, I ask my distinguished col- esteemed individuals have continuously given tions; bring children of different nationalities, leagues to join me in recognizing AAJLJ and of themselves in a selfless, fruitful manner. races, religions, and socio-economic back- Jewish Week’s Durban II Counterconference. The work of these honorees is surely inspir- grounds together and to show them that, in f ing to us all, and I am immensely grateful to spite of these factors, all people have much in them for all that they have accomplished. I ask common; and establish the fourth Sunday in HONORING RABBI SHOLOM STERN, my colleagues to join me in expressing the April as the internationally celebrated World TALI DAHARI, KENNETH S. FINK, gratitude of the U.S. Congress for their exten- Children’s Day to recognize the capability and DR. JACQUELINE H. SIMONS, sive contributions to society. potential of children everywhere to shape the MRS. SUSAN SACHS AND THE f future. BRANDEIS SCHOOL Madam Speaker, our children are our most NATIONAL SOVEREIGNTY AND precious resource, and I believe we all should HON. CAROLYN McCARTHY CHILDREN’S DAY join together in commemorating this important OF NEW YORK date dedicated to them. We also should com- IN THE HOUSE OF REPRESENTATIVES HON. ED WHITFIELD mend Turkey for leading the way in being the Monday, April 27, 2009 OF KENTUCKY first government to set aside one day each IN THE HOUSE OF REPRESENTATIVES year to honor its children some eighty-six Mrs. MCCARTHY of New York. Madam Monday, April 27, 2009 years ago. Speaker, I rise in honor of Rabbi Sholom f Stern, Tali Dahari, Kenneth S. Fink, Dr. Jac- Mr. WHITFIELD. Madam Speaker, I rise queline H. Simons, Mrs. Susan Sachs and the today to commemorate National Sovereignty 50TH ANNIVERSARY OF THE Brandeis School for their remarkable contribu- and Children’s Day, an event that is cele- YOUNG MARINES tions to both education and community. The brated in the nation of Turkey every April 23rd. 79th Brandeis School Campaign Celebration While this important holiday traces its origins HON. CHRISTOPHER S. MURPHY will honor each of these dedicated and self- all the way back to Turkey’s capital, Ankara, in OF CONNECTICUT less individuals, commemorating their tireless 1923, it has gradually taken on tremendous IN THE HOUSE OF REPRESENTATIVES work toward educating our youth. In helping meaning and significance for children through- students become well-informed and respon- out the world. Monday, April 27, 2009 sible community members and citizens, both On April 23, 1920, during Turkey’s War of Mr. MURPHY of Connecticut. Madam the Brandeis School and these talented hon- Independence, a body of Turkish lawmakers Speaker, I rise today to recognize the 50th orees are deserving of recognition. known as the Grand National Assembly met in Anniversary of the Young Marines. I am hon- Rabbi Sholom Stern will receive the Lion of Ankara to lay the foundation for a government ored to represent the proud and patriotic City Judah Award for his continued commitment to that was to be a modern, parliamentary de- of Waterbury, Connecticut where the first meaningful Judaic studies. Rabbi Stern’s sus- mocracy. They drew upon their already Young Marines Unit was founded in 1959 by

VerDate Mar 15 2010 13:58 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR09\E27AP9.000 E27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10806 EXTENSIONS OF REMARKS, Vol. 155, Pt. 8 April 27, 2009 members of the Brass City Memorial Detach- the Marine Corps League Brass City Memorial TRIBUTE TO U.S. ARMED FORCES ment of the Marine Corps League. Just three Detachment who established the Young Ma- FOR D-DAY JUNE 6, 1944 years later, the ranks of Waterbury’s Young rines. I would like to congratulate Ray Marines had swelled to 1,500 and spread to 9 Bozzuto, Art Corcoran, Roland Hamel, Tony HON. BLAINE LUETKEMEYER other cities all because of the fine young men Szantyr, Ed Zuraitis, and the other founding OF MISSOURI from Waterbury. members on the legacy of patriotism and civic IN THE HOUSE OF REPRESENTATIVES In 1974, Waterbury’s own Young Marine involvement that their idea produced. With a program was chartered as a subsidiary organi- half century of overwhelming success, I think Monday, April 27, 2009 zation of the Marine Corps League, whose it’s safe to say, ‘‘job well done.’’ Mr. LUETKEMEYER. Madam Speaker, I mission is to preserve the traditions and pro- rise today to recognize the brave acts of her- mote the interests of one of our very finest in- f oism and military achievement by the mem- stitutions, the United States Marine Corps. bers of the United States Armed Forces who The Young Marines embody our core values TRIBUTE TO MR. EDWARD L. participated in the June 6, 1944, amphibious as Americans—honesty, fairness, courage, re- GARDNER landing at Normandy, France. spect, loyalty, and love of country. These prin- I want to commend them for their leadership ciples are instilled on the Young Marines by and valor in an operation that helped to bring the steady hand of hundreds of volunteers HON. NITA M. LOWEY an end to Word War II. from communities all over the country, many OF NEW YORK I would like to draw special attention to the of whom are former, retired, Active Duty, or IN THE HOUSE OF REPRESENTATIVES 201 Missouri men who died aboard LST 496 Reservist Marines who believe passionately in during the Battle of Exercise Tiger, a 1944 the values they learned during their service. I Monday, April 27, 2009 naval battle that had been originally planned can think of no better mentors for these Mrs. LOWEY. Madam Speaker, I rise today as a practice mission for the D-Day Invasion youngsters. to recognize Mr. Edward L. Gardner for his of Normandy. Many of my district’s finest and most in- lifetime of philanthropic service, most notably Nearly 750 United States soldiers and sail- volved citizens are products of the Young Ma- with Big Brothers Big Sisters of New York ors, a large number of whom were from Mis- rines; some went on to join our nation’s Armed City. On Tuesday, April 28, 2009, Mr. Gardner souri’s 3206th Quarter Master Service Com- Forces, others found another way to serve will be honored by Big Brothers Big Sisters at pany, died in the exercise on April 28, 1944, their community. In 1960, a young man named their 2009 Sidewalks of New York Annual after a number of their ships were sunk by Sam Beamon joined the Young Marines with Awards dinner. German forces. his brothers. After graduating from high These soldiers and sailors sacrificed every- school, he went on to serve honorably in the Inspired by his experience as a Big Brother thing they had in service to America and will United States Marine Corps in Vietnam. Sam in 1963, Ed Gardner’s involvement with Big serve as a permanent reminder of bravery, is now active in many veterans’ organizations Brothers Big Sisters of New York City spans loyal patriotism, and love of country. and is the State Commandant of the Marine nearly a half century. In 1965, Mr. Gardner In closing, Madam Speaker, I ask all my col- Corps League, Department of Connecticut. joined the organization’s Board of Directors leagues to join me in a wishing all the mem- Since its inception, the Young Marines have and has since served as President and Chair- bers of the Armed Forces our sincerest thanks sponsored many initiatives to improve their man. and appreciation for their heroic mission. communities. I stand here honored to rep- Founded in 1904, Big Brothers Big Sisters f resent those seminal Young Marines from Wa- of New York City has evolved into a far-reach- terbury, Connecticut whose organization went ing one-to-one mentorship program that ADDITIONAL CALIFORNIA 49TH on to take a leadership role in the U.S. Marine reaches over 4,000 young people every year. DISTRICT PROJECTS FUNDED IN Youth Drug Demand Reduction Program in By providing mentors to children who need THE FY2009 OMNIBUS APPRO- 1993. This community-based program sought caring adult role models, the organization PRIATIONS ACT to reduce the impact of harmful drugs on our helps New York City’s youth to realize their communities and encouraged other youths to potential and lead enriching lives. HON. DARRELL E. ISSA live a drug-free lifestyle. The values of this Over the past forty-four years, Ed Gardner OF CALIFORNIA program are perfectly aligned with those of the has helped ensure the longevity and success IN THE HOUSE OF REPRESENTATIVES Young Marines, and communities around the of Big Brothers Big Sisters by single-handedly Monday, April 27, 2009 country are lucky to have such respected ad- raising over $20 million for this worthy cause. vocates for clean and healthy living. However, Mr. Gardner’s philanthropic efforts Mr. ISSA. Madam Speaker, on Wednesday, In 2006, the Young Marines, now a nation- are not limited to his work with Big Brothers March 11, 2009, in an extension of remarks ally respected organization, conducted the Big Sisters. Over the years he has dedicated on the House floor regarding H.R. 105, the Veterans Appreciation Week campaign, which his time and considerable talents to aiding Omnibus Appropriations Act of 2009, I stated sought to challenge Young Marines throughout other notable organizations in the arts, health that Members need to think of the future of the country to dedicate some of their time to and education. this Nation, rise above their own self-interests, honor our nation’s veterans and to dem- and advocate for the removal of all earmarks Mr. Gardner has served on the boards of onstrate, through their actions, their sincere from all present and future appropriations bills the Health Care Chaplaincy, PS #1, and the appreciation for our veterans’ service to our until we get the federal deficit under control. It Alvin Ailey Dance Company. He is a Council country. In a time when fewer Americans is a shame that the Speaker and the Demo- Member at The Rockefeller University, an seem to be aware of the sacrifices that our cratic leadership have not been willing to take Honorary Chairman of The New York Public veterans made, I am glad that we can look to the initiative and do this on their own. Library’s Conservator Council, and former the Young Marines to provide leadership on The Democratic leadership has made no Chairman of the Bank of New York Hamilton how we should honor those who have served. significant effort to perform real earmark re- Here, on this the 50th Anniversary of this Funds. form during this economic crisis. Rather than vital and impressive organization, we are re- A graduate of the City College of New York, eliminating costly earmarks, and excess minded of its mission statement: the Young Mr. Gardner has served as President and spending, under the leadership of President Marines’ mission is to positively impact Amer- Chief Executive Officer of the Industrial Sol- Obama, the Speaker and Democrats push to ica’s future by providing quality youth develop- vents Corporation since 1980. implement the largest budget in our nation’s ment programs for boys and girls that nurture Madam Speaker, I am proud to recognize history; a $3.55 trillion budget that will dramati- and develop its members into responsible citi- my friend Edward L. Gardner for his remark- cally increase the deficit and likely bankrupt zens who enjoy, and promote, a healthy, drug- able service with Big Brothers Big Sisters of our children’s children. The American people free lifestyle. On Saturday April 25th, Young New York City and his lifelong commitment to are asking that the member’s of this body lead Marines and former Young Marines from enriching the lives of others. I urge my col- us out of this crisis, but it is apparent that the across the nation came to the organization’s leagues to join me in honoring his tremendous President and the majority leadership can do birthplace to join several of the members of accomplishments. nothing more than throw money at the wrong

VerDate Mar 15 2010 13:58 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR09\E27AP9.000 E27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 8 10807 problems and tax and lambast those that can additional funds would be used to expedite 2001 and 2005 by the residents of Ward 1 for create the right solutions. The majority leader- completion of this project. consecutive four-year terms. She had pre- ship needs to understand that unbridled gov- viously served on the council from 1983 to f 1995. Klein had lived in Lenexa for more than ernment spending is not the answer to this cri- PERSONAL EXPLANATION 40 years and devoted 20 years to public serv- sis, and that earmarks continue to be a prob- ice as a councilwoman. lem that plagues this body and not a solution. Since being reelected to Congress last No- ‘‘We are deeply saddened by the news of HON. TIM RYAN Jane’s passing,’’ Mayor Mike Boehm said. vember, I have not made any earmark project OF OHIO ‘‘Our community has lost a dear friend and requests. The projects that were included in IN THE HOUSE OF REPRESENTATIVES long-time leader. Jane’s passion for this city H.R. 1105 were not done so at my behest in Monday, April 27, 2009 and our citizens was extraordinary; she al- this Congress. As I stated before, I am highly ways had the community’s interests at heart disappointed that, faced with the enormity of Mr. RYAN of Ohio. Madam Speaker, on in all that she did. Our thoughts and prayers the current federal deficit and the unprece- Wednesday, April 22, 2009, I inadvertently are with Jane’s family.’’ dented amount of federal spending that has voted ‘‘aye’’ on roll No. 198—Motion to In- Klein was diagnosed with gall bladder can- occurred, the House and Senate majority lead- struct conferees regarding S. Con. Res. 13. I cer about six weeks ago. So when the council ership and Appropriators did not take the op- had meant for my vote to be recorded as woman sent word that she wouldn’t make it portunity to start showing fiscal restraint by re- ‘‘no.’’ to the city’s March 17 meeting some might have assumed that she was too sick. Good moving Congressional Earmarks from the fis- f friends knew better. cal year 2009 Omnibus Appropriations Act. TRIBUTE TO THE LATE JANE Had I been approached by the appropriations ‘‘The heck with the cancer—she was not KLEIN, LENEXA, KS, CITY COUN- committee prior to the passage of this bill, I going to miss St. Patrick’s Day,’’ said fellow CIL MEMBER City Councilwoman and friend Diane Linver. would have asked for the removal of the listed ‘‘She was 100 percent Irish and boy you knew projects. it.’’ This bill is another example of a missed op- HON. DENNIS MOORE During Klein’s tenure, the city moved for- OF KANSAS portunity to begin the real reform that the ward on several projects including City Cen- American public truly seeks. Members must IN THE HOUSE OF REPRESENTATIVES ter, ‘‘rain to recreation’’ and road projects realize that we have an obligation to the public Monday, April 27, 2009 like the 87th Street. to work to eliminate earmarks from future ap- Mr. MOORE of Kansas. Madam Speaker, I Knowing public safety was of utmost im- propriations bills until we get deficit spending portance in the suburbs, Klein was an un- under control. rise today to pay tribute to the late Jane Klein, abashed supporter of the fire and police Below are two requests that were made in a member of the Lenexa, Kansas, city council, forces. who died on April 5th. the 110th Congress that the Democratic ma- The councilwoman might have been a jority decided to include in this spending bill. As the District Attorney for Johnson County strong Irish woman, but she would not en- While they are projects of merit, I did not seek for twelve years and as U.S. Representative gage in divisive politics, Linver said. for the Third District of Kansas since 1999, I out support for their inclusion in this Congress. ‘‘She was never a negative force. You Bureau of Reclamation—Water and Related came to know Jane Klein well. A dedicated would never hear a negative word come out Resources public servant and community volunteer, she of her mouth about another city council Rancho California Water District made the city of Lenexa and Johnson County member,’’ Linver said. ‘‘She would find a $50,000 a better place to live for her friends, neighbors way to give her opinion but still be the kind The bill included funding through the Energy and family members. I am placing in the and gentle and decent person that she was. and Water Appropriations Subcommittee for RECORD an article published in the Kansas We should all emulate that.’’ the Rancho California Water District, which will City Star that announced her untimely death Linver suspects her gentle nature and gen- provide for additional recycled water reuse of and reviewed her achievements as a public uine love of the city were among the reasons 16,000 acre feet (AF) per year by converting servant and concerned citizen. The Star obit- that few challengers stepped up to run water district’s west side agriculture area to re- uary also captures her sense of enthusiasm against Klein. cycled water systems (1 AF equates to ap- and effervescent personality, which will be ‘‘People respected her and they knew that proximately 326,000 gallons or enough water sorely missed by all who knew her. I join with she cared about her constituents and she to supply two families for one year). It will also the leaders of the Lenexa community in pay- knew so many of them,’’ Linver said. increase use of annual seasonal storage in ing tribute to this energetic, active leader, and Klein was active in many clubs all over Vail Lake reservoir by 10,000 AF per year by with her many friends and family in mourning town. She volunteered again and again to be constructing 48-inch pipeline to transport raw her loss. the VFW Post 7397 Auxiliary president. She stepped up for church committees and was a water from the Metropolitan Water District of [From The Kansas City Star, Apr. 7, 2009] Kiwanis Club member. Southern California (MWD) to store in Vail LENEXA CITY COUNCILWOMAN JANE KLEIN DIES Klein instilled a strong sense of public Lake. It will also convert majority of agricul- AT 70 tural delivery system from treated water pota- service in her children, too. As youngsters, (By Dawn Bormann) they helped sell poppies and often accom- ble system to recycled and raw water non-po- When the forecast called for heavy snow, panied her on trips to the veterans hospital table system by building delivery system for Lenexa City Councilwoman Jane Klein usu- in Leavenworth. raw water relieving 5,000 AF/year of treated ally had a crock of chili simmering and cin- At the holidays they knew there was al- namon rolls rising for the street crews. water demands ways room for another. Anyone without fam- On other days she baked cookies for police GSA ily or a place to go for the holidays was in- officers and often dropped goodies off with San Diego Courthouse, California structed to show up at the Klein household. $110,362,000 firefighters, her children said. Klein—hailed as a Lenexa cheerleader by ‘‘We always had an orphan clause,’’ said The bill also included funding through the constituents, political insiders and the rank Klein’s daughter Susan German. Her work in Financial Services Appropriations Sub- and file—died Sunday. She was 70. the community did not go unnoticed. committee for the San Diego, California Court- Her death came days before Klein was ex- In 2006 Klein received the coveted ‘‘spirit of house Construction Project. Construction pected to sail through Election Day unop- the chamber’’ award from the Lenexa Cham- funds for the San Diego courthouse project posed. Instead, supporters, family and ber of Commerce. It was an award she held were originally appropriated, as requested by friends planned a Tuesday night victory dear. party at a Lenexa watering hole. the General Services Administration (GSA) ‘‘Mom loved Lenexa. She loved serving the and the Judicial Conference of the United Klein was a mother to five children, grand- mother to nine and great-grandmother to people of Lenexa,’’ her son, Doug Klein said. States, in FY 2006. The San Diego Court- two children. The Irish Catholic woman saw ‘‘She loved seeing the city grow.’’ house is a critical project for the region con- to it that her children knew the importance Visitation will be from 4 to 8 p.m. with ro- sidering that the existing courthouse is an ex- of giving back to the community. sary at 8 p.m. Monday at Holy Trinity, 9150 tremely busy border court, which processes It was easy to learn from the stalwart pub- Pflumm Road. The funeral will be at 10 a.m. hundreds of prisoners on a daily basis. The lic servant. She was elected to the council in Tuesday at Holy Trinity.

VerDate Mar 15 2010 13:58 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00007 Fmt 0689 Sfmt 0634 E:\BR09\E27AP9.000 E27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10808 EXTENSIONS OF REMARKS, Vol. 155, Pt. 8 April 27, 2009 RECOGNIZING THE OUTSTANDING The students boast impressive credentials: come a notable lawyer in Connecticut. In ACHIEVEMENTS OF HIDALGO honors society, student leadership, school ath- 1985, he retired as the chief public defender COUNTY INDEPENDENT SCHOOL letics, community philanthropy, language of the Harford Judicial District, after decades DISTRICT AS THEY ACCEPT THE clubs, and musical backgrounds. These stu- of public service. 2009 COLLEGE BOARD INSPIRA- dents have things to say about the future of This past week, Art’s unique experience as TION AWARD this great country and long to be heard. They a batboy has gained national media attention. represent their generation as servant leaders On Saturday, Art will join the Boston Red Sox, HON. HENRY CUELLAR and make their community and their country a the team he passionately cheers for, as an OF TEXAS better place. honorary batboy in recognition of his experi- IN THE HOUSE OF REPRESENTATIVES I commend the students for volunteering ence as a young boy decades ago. He will Monday, April 27, 2009 their time on the Congressional Youth Advi- make his debut in a jersey crafted by his sory Council and I wish each one continued daughter, adorned with ‘‘No. 100, Big Pappy’’. Mr. CUELLAR. Madam Speaker, I rise today success in all of their endeavors. Without a Few individuals experience as much and to recognize Hidalgo County Independent doubt, every student will continue to play an contribute as much as over the course of their School District for their outstanding achieve- important role in our community for decades to lifetime as Arthur has. Madame Speaker, I can ments this past year. Today, the Hidalgo come, and that America and North Texas, will personally attest to this. As a young law stu- school district will be presented with the 2009 continue to benefit from their dedication, dent, I worked in Art’s office for two years as College Board Inspiration Award. This pres- smarts, and service. a legal intern and learned a lifelong lesson in tigious award is presented to only 3 secondary You know, a lot of people hope to make a the law, as well as a balanced passion for jus- schools in the country which have exhibited difference sometime in their lives. To the tice. He has lived an extraordinary life, filled outstanding college preparatory programs and members of the Congressional Youth Advisory with personal and professional vigor and I ask partnerships among teachers, parents and Council, you just did. Thank you. I salute you; my colleagues to join with me and my con- community leaders. God Bless You and God Bless America. stituents in celebrating his 100th birthday. Earlier this month, Hidalgo Early College The names of the students serving on the f High School was named one of the countries 2008–2009 CYAC follow: three secondary schools to receive this year’s Jonathan Alston; Logan Borgsmiller; Amy A TRIBUTE TO MINA H. PHINNEY Inspiration Award. As one of the most im- Boykin; Nicholas Brush; Jennifer Bundren; proved secondary schools in the country, Hi- Matt Burnham; Anita Chandrahas; John Clark; HON. MICHAEL H. MICHAUD dalgo Early College High has shown its desire Ally Crutcher*; Christian Cummings; Trevor OF MAINE to provide quality programs for its students. Ede*; Josh Eldridge; Luke Franz; Jennifer IN THE HOUSE OF REPRESENTATIVES This award shows the commitment that these Goebel; Anna Gu; Stephen Hayes*; Lisa Hu*; Monday, April 27, 2009 educators in Hidalgo County have for their Richard Hung; David Jacobs; Sravanthi community, state, and nation as they help pre- Kadali; Sibel Kayaalp*; Amber Khan; Nolan Mr. MICHAUD. Madam Speaker, I rise pare and educate tomorrow’s leaders. Killingsworth; Lauren Kraut; Tyler LeCocq; today to recognize and to celebrate the 100th Madam Speaker, please join me in honoring Kenny Lee; Amanda Lu*; Mark Macmanus*; birthday of a native daughter of the State of Hidalgo County Independent School District Ryan Martinez; Alexandra Meyers; Ashley Maine. Her unwavering dedication as an edu- for their extraordinary accomplishment in hav- Newton*; Cody Painter; Kioumars Abboss cator in Dennysville and other local commu- ing one of the selected schools to receive the Rezaie; Corbin Ringley*; Evan Rosenfield*; nities will be cherished for years to come. 2009 College Board Inspiration Award. Hi- Natalie Shanklin; Rena Sheng*; Bryan Sims; Mina Phinney graduated from Dennysville dalgo Early College High School’s students, Cameron Sprock; Eann Tuan; Jonathan High School and went on to continue her edu- staff and administrators truly deserve our rec- Unger; Tyler Unger; Eric Womboldt; Joshua cation at Colby College in Waterville, ME. Re- ognition today for setting such a fine example Womboldt*; and Caitlyn Woolum. turning to Dennysville High School in 1931, to the rest of the state and the nation as a f Mina taught English and French until 1938 whole. and then returned to resume teaching from f TRIBUTE TO ARTHUR GIDDON 1952 until the school closed in 1961. Her ca- TRIBUTE TO THIRD DISTRICT CON- reer as a dedicated educator continued GRESSIONAL YOUTH ADVISORY HON. JOE COURTNEY through the 1960s and 1970s at Washington COUNCIL OF CONNECTICUT Academy in East Machias. In 2000, she re- IN THE HOUSE OF REPRESENTATIVES ceived the school’s Distinguished Educator Award from the Washington Academy Board HON. SAM JOHNSON Monday, April 27, 2009 of Trustees. OF TEXAS Mr. COURTNEY. Madam Speaker, I rise During her earlier years, Mina served as an IN THE HOUSE OF REPRESENTATIVES today to recognize Arthur Giddon of Bloom- organist at the Dennysville-Edmunds Con- Monday, April 27, 2009 field, Connecticut. Over the past century, Art gregational Church. She is an avid Boston Mr. SAM JOHNSON of Texas. Madam has cultivated a distinguished law career, Red Sox fan and has always maintained a Speaker, in the fall of 2004, I created the Con- serving as a notable trial lawyer as well as a keen interest in local, state and national hap- gressional Youth Advisory Council to engage chief public defender. He has a wonderful and penings and always keeps up with current high school students living in the Third District. devoted wife, Harriet, to whom he has been events. Mina has been a lifelong member of Back then, I guessed that perhaps 10 to 20 married to for over 60 years. Together they the Daughters of the American Revolution. students would apply. Little did I know that this have raised a beautiful family. On April, 26, She contributed to the war effort as an Air program would grow into a popular program 2009, Art will celebrate his 100th birthday with Craft Spotter during World War II. for the area’s best and brightest students from friends and family in Connecticut. Madam Speaker, please join me in cele- across the Third District. For good reason, In 1922, at the age of 13, Art joined the brating the 100th birthday of Mina H. Phinney. many associate the Congressional Youth Advi- Boston Braves as a batboy. He fetched pop f sory Council with excellence and one of the bottles, ran errands for players, polished highest standards of civic pride for young peo- equipment, and conversed with baseball leg- RECOGNIZING 50TH ANNIVERSARY ple in North Texas. ends. First baseman, Walter Holke, often OF DIABLO THEATRE COMPANY This year 45 students representing 21 area walked him home after games and taught him high schools make up the elite group. The how to make kites, a skill that he would pass HON. ELLEN O. TAUSCHER Council’s goal is two-fold. First, the group pro- on to grandchildren. His chance meeting with OF CALIFORNIA vides me with greater student perspective and baseball’s commissioner, Kenesaw Mountain IN THE HOUSE OF REPRESENTATIVES insight on issues that directly impact younger Landis, and a suggestion to become a lawyer Americans. Second, Council activities educate would portend a legal profession matched by Monday, April 27, 2009 students on government policies relevant to few. Decades later after Mr. Landis’ sugges- Mrs. TAUSCHER. Madam Speaker, I rise young people. tion, he would study at Harvard Law and be- today to recognize the 50th anniversary of the

VerDate Mar 15 2010 13:58 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR09\E27AP9.000 E27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 8 10809 Diablo Theatre Company, founded in 1959 as Justina’s dedication as head coach of her tion to efficiency and high standards of excel- the Diablo Light Opera Company. For five girls cross country team has allowed her stu- lence that has resulted in this prestigious ac- decades, Diablo Theatre Company has dent athletes to excel both on and off the field. complishment. brought San Francisco Bay Area audiences She was recently named the Express-Times ‘‘the music and magic of Broadway.’’ Newspaper 2008 Cross Country Coach of the f The company grew from modest beginnings. Year. This is the sixth time she has received TRIBUTE TO THE BATTLE OF It was founded in 1959 as the Diablo Light this honor in eight seasons. LEXINGTON STATE HISTORIC SITE Opera Company, a name that endured until Justina was also inducted into the NJ Scho- May of this year. The founders were two Wal- lastic Coaches Association Hall of Fame on nut Creek couples who were inspired by sing- March 29th of this year. As head coach of the HON. IKE SKELTON ing with the 120-member Glee Club and Tre- Voorhees High School girls cross country OF MISSOURI ble Clef at UC Berkeley. Their last show on team since 1997, Justina has led her team to IN THE HOUSE OF REPRESENTATIVES campus was, prophetically, ‘‘Of Thee I Sing.’’ numerous victories, including its seventh Monday, April 27, 2009 The Diablo Light Opera Company’s first of- straight Hunterdon-Warren NJ championship, fering was Gilbert and Sullivan’s ‘‘The Pirates third straight North 2 Group 3 sectional title, Mr. SKELTON. Madam Speaker, let me of Penzance,’’ staged in the multipurpose fifth NJ State Interscholastic Athletic Associa- take this moment to recognize the Battle of room of Walnut Creek’s Las Lomas High tion Group 3 state title, and second Meet of Lexington State Historic Site, as they cele- School. Champions crown. brate their 50th anniversary. For 50 years this A few years later, the new company pre- The recognition and appreciation that Ms. state park has captured and commemorated a sented ‘‘Brigadoon,’’ marking a major turning Cassavell has been shown is no small feat, pivotal battle of the Civil War in the city of point for the arts in Walnut Creek. Ron Caya, considering she is a part-time coach. Present Lexington, which I proudly represent. Walnut Creek’s first cultural services director, and past students alike have called her the On January 1, 1959, the site was donated attended a performance. Since seats at the ‘‘inspiration’’ in their lives, as she teaches to the State of Missouri to be designated as a Las Lomas multipurpose room were not on an them to believe in themselves and to strive to state historic park. Received in a preserved incline, his view was obstructed and he could be great in all that they do. and quality condition, the State Park has since not see the famous sword dance in the show. Madam Speaker, I ask that you join me in provided visitors with information, reenact- He subsequently complained to the Walnut recognizing Justina Cassavell for her hard ments, and guided tours to this historic site. In Creek City Council, telling members that, work and dedication to her student athletes— 1991, the visitor center was completed and ‘‘This group needs a real theater.’’ she sets an example for students and teach- opened for the public. In 2000, a monument He got the council’s attention and plans ers everywhere and that is something we was established which tells the Confederate’s were made to buy an old walnut warehouse, should be encouraging more and more. side of the story. Later this year, a second which occupied what is now the site of the f monument will be put up to tell the Union side of the story. Lesher Center for the Arts. The warehouse IN HONOR OF CENTRACARE LAB- was transformed into a makeshift theater, the The Battle of Lexington State Historic Site ORATORY SERVICES OF ST. teaches visitors how Missouri played an im- Walnut Creek Civic Arts Center which became CLOUD, MINNESOTA affectionately known as the ‘‘Nut House.’’ It portant strategic role in the Civil War. Not opened in December 1965 with Diablo Light quite in the south, yet a slave state nonethe- Opera Company’s production of ‘‘The Sound HON. MICHELE BACHMANN less, Missourians were sharply divided over OF MINNESOTA of Music.’’ The audience came in black tie what side of the conflict their state should IN THE HOUSE OF REPRESENTATIVES and, because of no heating in the building, enter. In addition, its position along the Mis- blankets. Monday, April 27, 2009 souri and Mississippi Rivers was critical to Years and many performances later, ‘‘Nut Mrs. BACHMANN. Madam Speaker, I rise controlling the West, and as a result, many House’’ was demolished. A new performing today to honor CentraCare Laboratory Serv- battles erupted between Confederate sympa- arts venue, the Lesher Center for the Arts, ices in St. Cloud, Minnesota as the second thizers and Unionists. was constructed and opened 19 years ago. runner up for the Medical Laboratory Observ- Though Missouri eventually cast its lot with Diablo Light Opera Company has performed er’s Medical Laboratory of the Year Award. the Union, by September 1861, it could have at the Lesher Center ever since in addition to Laboratories across the nation were judged on gone either way. It was then that Union Colo- other venues, including the recently restored achievement in nine areas with the winners nel J.A. Mulligan found himself and his troops El Campanil Theatre in Antioch in eastern and two runners up, including CentraCare, surrounded by General Sterling Price, leader Contra Costa County. being featured in the Medical Laboratory Ob- of the Confederate Missouri State Guard. Beginning in June of 2009, Diablo Light server, a peer-reviewed journal resource that Price had just led his troops to victory at Wil- Opera Company will assume its new name, has been used by laboratory professionals son’s creek the previous month, and was look- Diablo Theatre Company while celebrating its since 1969. ing to expand on his success with the capture colorful past and focusing on the future. Today’s medical care relies heavily on lab- of Lexington, a small but strategic town lo- Today, the Diablo Light Opera Company is oratory services that provide fast and high- cated near the Missouri River. Capturing the celebrated and honored for enriching the cul- quality answers to doctors. CentraCare has town would allow Confederate recruits from tural atmosphere through their craft and com- demonstrated excellence in many ways. They Northern Missouri to cross over the river. mitment to providing theatrical productions to achieved standardization of the equipment in Though the battle of Lexington was one of the Bay Area. all their labs to eliminate confusion by physi- the longest, most fiercely contested engage- f cians ordering tests from different labs. They ments in Missouri during the Civil War, the also implemented new labeling guidelines to casualties were surprisingly light. The Union RECOGNIZING JUSTINA ensure patient safety and have reduced speci- lost only 40 dead and 120 wounded; the State CASSAVELL men collection errors to practically zero Guard lost only 25 dead and 72 wounded. In through an automated pneumatic collection addition, Price’s triumph was short-lived. HON. PATRICK J. MURPHY system. These improvements were also ac- Shortly after the defeat at Lexington, General OF PENNSYLVANIA knowledged by the Quality Resources Patient John C. Fremont, the Union commander in IN THE HOUSE OF REPRESENTATIVES Safety Committee of St. Cloud Hospital. Missouri, organized a large force with the pur- When it comes to healthcare and the med- pose of driving out Price’s State Guard. Faced Monday, April 27, 2009 ical community, CentraCare Laboratory Serv- with this threat, Price retreated back to South- Mr. PATRICK J. MURPHY of Pennsylvania. ices has been a beacon for quality and patient west Missouri, and the Missouri River was re- Madam Speaker, I rise today to honor Justina safety. They are a great resource not only for turned to Union control. Cassavell, daughter of Jeanne and Michael their patients, but for other laboratories that Madam Speaker, the Battle of Lexington Doyle of Upper Black Eddy, Bucks County, can learn from their example. State Historic Site has been an important Pennsylvania and someone who is helping to Madam Speaker, I rise today to congratulate landmark in this country. I know the members shape the next generation of Americans. all of CentraCare’s employees for their atten- of the House will join me in recognizing the

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Richardson and matching funds to develop a rural public remained a sleepy farming community until the health academic training program on the bor- HON. JOE COURTNEY 1950s. der. OF CONNECTICUT With the arrival of Collins Radio and Texas At the University of Texas Health Science IN THE HOUSE OF REPRESENTATIVES Instruments, Richardson became a popular lo- Center, Mr. Tupper was responsible for coordi- Monday, April 27, 2009 cation for college-educated professionals. nating medical education opportunities in the Lower Rio Grande Valley. Over the past few Mr. COURTNEY. Madam Speaker, I rise Known as the ‘‘Electronic City’’ and later the years he has worked with the city of McAllen today to recognize an outstandingly gifted stu- ‘‘Telecom Corridor’’, Richardson continues to and the clinic board to secure a site for the dent from my district, Natalie Weaver of Madi- grow and prosper, with many diverse cultures, community clinic which treats 130 working son, Connecticut. On March 10, 2009, Natalie faiths and populations adding to its vibrant mix poverty stricken Hidalgo County residents was named champion of Connecticut’s fourth of high-tech business and educational oppor- daily. The facility, which started out as a 3-ex- annual Poetry Out Loud competition held at tunities. amination-room clinic, is now a 25,000 square the Carol Autorino Center in West Hartford, In Richardson’s rich history, citizens have foot facility that operates with 48 examination Connecticut. On April 28, she will represent enjoyed the finest offerings a community can rooms. Connecticut in the national finals held in have with exemplary schools, first class parks, Madam Speaker, please join me in honoring Washington, DC. excellent library, sophisticated transportation, Ron Tupper for his dedicated service to the Poetry Out Loud is a national program that all managed by a well run local government. field of health care in the State of Texas. He encourages high school students to engage in Many people who lived in Richardson chose has committed so much through the years to the written and spoken word through memori- this community because of its quality of life. advance his cause and I am honored to have zation and performance of modern and classic In 2009, Richardson proudly celebrates 50 the privilege of recognizing him today. poetry. As part of the program in Connecticut, years of Parks and Recreation Services that the Connecticut Commission on Culture and has served its citizenry with the finest of trails, f parks, festivals, recreation programs, senior Tourism (CCT) assisted participating teachers HONORING BARACK OBAMA citizen activities, and tourist attractions all with professional development and placed ELEMENTARY SCHOOL teaching artists in participating schools. The wrapped in a well manicured city. During its CCT also established an all-day workshop for 50 years the Richardson Parks and Recre- HON. CAROLYN McCARTHY champions, first runner-ups, and their teach- ation Department has provided families great- OF NEW YORK ers. In Connecticut, the state competition was er quality of life through first class programs IN THE HOUSE OF REPRESENTATIVES hosted by the CCT and the State Department that have become a tradition, and a source of of Education, in partnership with the National pride within the community. Monday, April 27, 2009 This is evidenced by greater real estate val- Endowment for the Arts (NEA) and the Poetry Mrs. MCCARTHY of New York. Madam Foundation. ues and first class economic development Speaker, I rise today to recognize the stu- This year, more than 3,800 students partici- proving that Richardson is not only a great dents, faculty and staff of the Barack Obama pated in the program in Connecticut, which host to a business and industry, but a great Elementary School for the official renaming of began with competitions at the classroom level place to call home. the former Ludlum Elementary School. I am Congratulations are in order as Richardson and progressed to school-wide competitions, pleased to see that the first school in the Na- Parks and Recreation marks 50 years of serv- and eventually the state finals. In the state tion to bear the name of our 44th President is ice to the community. finals, Natalie beat 15 other contestants to win in my Congressional District. the state champion title. State finalists recited f The Nation faces a monumental moment in poems selected from an anthology that in- RECOGNIZING THE CONTRIBU- history with the election of our country’s first cluded over 400 classic and modern works. TIONS OF RON TUPPER FOR HIS African-American President. At the request of On April 28, she will compete against other CONTINUOUS WORK IN THE the students and to honor this milestone, on state finalists in the national competition, FIELD OF HEALTH CARE IN THE November 20, 2008, Ludlow Elementary which will award over $50,000 in the form of BORDER REGIONS OF TEXAS School was officially renamed Barack Obama scholarships and school stipends. Elementary School. I commend the students Madam Speaker, poetry has long been an for their foresight to honor an historic achieve- essential component of the human expression, HON. HENRY CUELLAR ment. serving as an accessible venue to explore and OF TEXAS As a member of the House Committee on preserve universal themes such as love, beau- IN THE HOUSE OF REPRESENTATIVES Education and Labor, I have the great privi- ty, nature, tragedy, and mortality. I commend Monday, April 27, 2009 lege of learning about schools both locally and the efforts of Poetry Out Loud program with nationally. The future of this country depends Mr. CUELLAR. Madam Speaker, I rise today engaging students in poetry and applaud Nat- on the hopes and dreams of its children. I look to recognize Ron Tupper for his 25 years of alie on her big win. I ask my colleagues to join forward to working with the students and fac- service to the health care field through his with me and my constituents in recognizing ulty as the Barack Obama Elementary School work in health care development and consulta- these contributions and cheering Natalie on in enters this new part of its history. tion, health education, and hospital and clinic the national Poetry Out Loud competition. Madam Speaker, it is with pride and admira- management. He has done so much over the tion I offer my best wishes and recognition to f years for the border region and he truly de- Barack Obama Elementary School. COMMENDING RICHARDSON PARKS serves to be recognized today. AND RECREATION FOR 50 YEARS Mr. Tupper holds a master’s of science de- f OF SERVICE TO THE COMMUNITY gree in health management and health edu- HAMAS’S BLOODY HANDS cation from Texas State University, as well as HON. SAM JOHNSON a bachelor’s degree from the University of Ne- HON. BARNEY FRANK OF TEXAS braska. He also served our country proudly for OF MASSACHUSETTS 7 years as a U.S. Air Force Medical Service- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES man until he was honorably discharged in Monday, April 27, 2009 1970. Monday, April 27, 2009 Mr. SAM JOHNSON of Texas. Madam Ron Tupper has been instrumental over the Mr. FRANK of Massachusetts. Madam Speaker, the Richardson area was first settled years to bringing quality health services to citi- Speaker, from time-to-time Members insert

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into this RECORD articles which are of par- sake. Still, it remains unimaginable that gunfire on February 21, 1965 in Manhattan’s ticular relevance to current policy debates, and Israel would murder its domestic critics or Audubon Ballroom. The most poignant de- we often add a commentary. Today I do not silence dissent with the occasional scription of Malcolm was during his eulogy by kneecapping. These are the tactics of thugs. add any words because this compelling, in- Read the Hamas charter. It is not some up- Actor Ossie Davis who called him, ‘‘our shin- sightful column by Richard Cohen on the will- lifting cry of a downtrodden people seeking ing black prince’’. ingness of far too many in the world to give a its freedom but a repellent anti-Semitic Malcolm X once said, ‘‘The future belongs pass to Hamas while being harshly critical of screed. It sees the Jews behind every major to those who prepare for it today’’. We must Israel needs no gloss. world event since the storming of the Bas- heed these words and be evermore dutiful in Madam Speaker, I add only that I am in tille: ‘‘They were behind the French revolu- our commitment to ensure that our children very strong agreement with virtually everything tion, the communist revolution and most of and their children are able to enjoy those Mr. Cohen has to say in this piece and I hope the revolutions we heard and hear about, three noble principals of life, liberty and the here and there. With their money they it will be read and reflected upon. formed secret societies, such as Freemasons, pursuit of happiness. Malcolm X remains an HAMAS’S BLOODY HANDS Rotary Clubs, the Lions . . . for the purpose inspiration to millions of people around the (By Richard Cohen) of sabotaging societies and achieving Zionist world, inspiring others to build on his vision of Some residents of Gaza were taken from interests.’’ The Rotary? The Lions? Why not a nation that recognizes the strengths of all their homes and shot in the legs or feet. Welcome Wagon? peoples. When Israelis talk of the practical difficul- Some were brutally beaten, and some were f simply murdered, sometimes after hideous ties of pulling out of the West Bank, they torture. If you are expecting—based on ev- mean the likelihood that Hamas will oust HONORING A.M.E. PRESIDING erything that has happened—tha the awful Fatah and launch rockets into Israel. They ELDER JOSEPH D. PATTERSON Israelis did this, guess again. It was Hamas, are both concerned and appalled by a Hamas ON HIS RETIREMENT the authentic and genuine government of charter that, in part, reads like it could have Gaza. Well, no one’s perfect. been written by Hitler. Withdrawal is nec- The information about the shootings is essary and right, but it cannot be done na- HON. CHAKA FATTAH taken from a report issued yesterday by ively and without the participation of the OF PENNSYLVANIA Human Rights Watch and available on its United States. It’s going to take American IN THE HOUSE OF REPRESENTATIVES Web site. It says that ‘‘Hamas security peace-keepers. It is that simple. No Israeli forces or masked gunmen believed to be with can trust Hamas to keep the peace. Monday, April 27, 2009 Hamas’’ executed 18 people, most of whom Human Rights Watch is to be commended. Mr. FATTAH. Madam Speaker, one of Phila- It does not have one standard for Israel and were accused of collaborating with Israel, delphia’s most distinguished and influential sparing the expense and bother of a trial. another for Hamas, Hezbollah or the other despotic regimes of the Arab world. That is clergymen, Presiding Elder Joseph D. Patter- Others were shot, maimed or beaten, not for son, Sr. of the African Methodist Episcopal allegedly collaborating with the enemy—or, more than can be said, though, for critics as is often the case, having a house or who vilify Israel, romanticize Hamas and Church, will be honored and feted on May 2, woman that a snitch covets—but for belong- clearly have never had the inexpressible 2009, as he moves from decades of service to ing to the opposition political party, Fatah. pleasure of living in a place where a chance his God, his church and the people of Phila- Many of these murders and assaults took remark can get your legs riddled with lead. delphia into well-deserved retirement. place during Israel’s recent pummeling of Say what you will, but that place could Presiding Elder Patterson has served the never be Israel. Gaza. Yet, as Human Rights Watch goes to A.M.E. in its ‘‘itinerant ministry’’ for 45 years, some pains to document, at no time did f pastoring and overseeing churches in Phila- Hamas’s security forces lose control of Gaza, delphia, the western Main Line, southern New so the murders and maimings were not a IN RECOGNIZING OF THE ANNI- consequence of chaos but of government pol- VERSARY OF THE ASSASSINA- Jersey and Atlantic City. icy. Whatever the case, the murders, shoot- TION OF MALCOLM X Presiding Elder Patterson is perhaps best ings and beatings continued even after the known for his 22 years as Pastor of Hickman hostilities ended. Since then, at least 14 HON. DANNY K. DAVIS Temple A.M.E. Church, where he directed an more people have been executed era of significant growth at Hickman as both a OF ILLINOIS extrajudicially, which is to say murdered. spiritual home and community resource for IN THE HOUSE OF REPRESENTATIVES Some were also tortured. Southwest Philadelphia. His impact on the You can only imagine what would happen Monday, April 27, 2009 community is still felt to this day. He facilitated if Israel dealt with its internal political en- emies or dissenters in such a fashion. Last Mr. DAVIS of Illinois. Madam Speaker, I the building of the Samuel J. Patterson Mercy month, for instance, Israel got a heap of crit- wish to take a moment to recognize that Feb- Wellness Center at 50th Street and Baltimore icism and abuse when it was reported in the ruary 21, 2009, as the 44th anniversary of the Avenue, which bears his father’s name. He Israeli media that some Gaza civilian had assassination of EL-Hajj Malik El-Shabazz, was founder and president of the Baltimore been unjustifiably shot by Israeli soldiers. better known as Malcolm X. I find it only fitting Avenue Redevelopment Corporation and past The report was widely cited, not just for its that we take this time to reflect and celebrate chairman of the $41 million West Philadelphia shocking allegations but also because it was the life of this courageous advocate for the Empowerment Zone. He was a member of the supposedly indicative of the sort of place Council of Trustees at Cheyney University, Israel has become. The government said the civil rights of African Americans. allegations were based on hearsay. We shall Born Malcolm Little in Omaha, Nebraska, on serving the school he had attended as both an see. May 19, 1925, the early portion of young undergraduate and graduate student. No doubt the Human Rights Watch report Malcolm’s life was filled turmoil and change. Presiding Elder Patterson has demonstrated will be ignored or dismissed in the greater By the age of 13, his father had passed away strong leadership both within his own A.M.E. cause of demonizing Israel. This has been the and his mother had been committed to a men- denomination and in the broader community of trend of late. No doubt, too, some will excuse tal hospital. He spent a great portion of his faith. He served as President of the Black Humas’s criminality as the inevitable result formative years in foster homes. He then be- Clergy of Philadelphia and Vicinity from 1995– of Israeli actions—the Officer Krupke School came involved in the criminal underworld in of Behavior made famous by the singing 1997, and in numerous other capacities. He is gang members of ‘‘West Side Story.’’ But as both Boston and New York. Little was arrested past president of the A.M.E. Preachers Meet- much as some would like to criticize Israel— and sentenced to eight to ten years in prison. ing. Since his appointment as Presiding Elder and I have done so myself—they still have a It was during his incarceration that Little be- in 2001, he has served two years as Elder of minimal obligation to acknowledge the dif- come a member of the Nation of Islam, chang- the Philadelphia District and almost six years ference in core values between Israel and its ing his name to Malcolm X. Following his pa- as Elder of the West/Mainline District—the enemies. role, he quickly became the Nation’s chief post from which he is retiring. This does not mean that Israel is above spokesman and served as its public face for And all along he has been blessed by the criticism. After all, it has made life unbear- able for some Palestinians, supported illegal almost 12 years. After his departure from the love and support of his wife Joyce, mother settlements in the West Bank, been too Nation of Islam, Malcolm X went on to found Ida, and children Joseph D. Jr., Jewell D. and harsh in squeezing Gaza, and, maybe most Muslim Mosque, Inc. and continued cham- Jocelyn D. Patterson. important, it ought to get out of the West pioning the cause of Black America. Trag- Presiding Elder Joseph D. Patterson Sr. will Bank—for reasons of justice and for its own ically, the life of Malcolm X was cut short by be honored with a special Retirement Service,

VerDate Mar 15 2010 13:58 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00011 Fmt 0689 Sfmt 9920 E:\BR09\E27AP9.000 E27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10812 EXTENSIONS OF REMARKS, Vol. 155, Pt. 8 April 27, 2009 May 2, 2009, at Mount Pisgah A.M.E. Church, and the images returned from the Lunar Orbit- REMEMBERING THE 10TH ANNI- 428 N. 41st Street, Philadelphia, with A.M.E. ers were backed up on AMPEX FR-900 tape VERSARY OF THE CHINESE COM- Presiding Bishop Richard F. Norris of the First drives. To date, these images are some of MUNIST PARTY’S (CCP) PERSE- District as Guest Preacher. I invite my col- highest resolution images we have of the CUTION OF THE FALUN GONG leagues in the House of Representatives to Moon. Those images include a high-resolution join me in saluting the career of this great man version of ‘‘Earthrise,’’ the first picture of the HON. THADDEUS G. McCOTTER of God and preacher of the Gospel, and to Earth from the Moon’s vantage point. Time OF MICHIGAN wish him Godspeed upon his retirement. Magazine has called this image ‘‘the photo of IN THE HOUSE OF REPRESENTATIVES f the century.’’ The tapes also contain the first Monday, April 27, 2009 RECOGNIZING THE AMERICAN stereo imagery of the Moon’s surface. Indeed, Mr. MCCOTTER. Madam Speaker, sadly, CANCER SOCIETY’S RELAY FOR these are some of the best images of the 2009 marks the tenth year of the Chinese LIFE Moon ever taken, far superior from those re- Communist Party’s (CCP) persecution of the ceived from the Hubble telescope. Falun Gong. After a 10,000 person silent, HON. HARRY E. MITCHELL Astonishingly, all of the images stored on peaceful protest in front of CCP offices in Bei- OF ARIZONA the 1,500 14-inch diameter tape reels were jing, then-General Secretary Jiang Zemin des- IN THE HOUSE OF REPRESENTATIVES nearly destroyed. With its focus turned to the ignated the Falun Gong an ‘‘evil cult’’ and in Monday, April 27, 2009 Apollo mission, NASA saw little further use for July 1999, began a brutal crackdown on Falun the tapes. Fortunately, Nancy Evans, co- Gong practitioners. Since then, communist Mr. MITCHELL. Madam Speaker, I rise Chinese authorities have imprisoned roughly today to commend the American Cancer Soci- founder of NASA Planetary Data Systems, convinced her superiors at the Jet Propulsion 6,000 Falun Gong practitioners and brutally ety’s Relay for Life that will occur on Saturday, killed more than 3,000. Following death, com- Laboratory to retain the tapes. Evans also April 25th at Marcos de Niza High School in munist Chinese authorities have routinely har- salvaged three refrigerator-sized FR-900 tape Tempe. vested organs from executed Falun Gong pris- The Relay for Life fundraiser is taking place drives, which she stored in her own garage for oners. all over the country, bringing over three million two decades. Evans and Mark Nelson, of Recently, on February 1, 2009, communist Americans together in the battle against can- Caltech, managed to get a few tape drives Chinese authorities arrested 61-year-old Zhu cer. This event not only raises money for can- running but their project ultimately folded. Lijin from Tianjin for distributing leaflets about cer research, but it connects cancer survivors NASA turned down her requests for assist- the Falun Gong. On February 16, 2009, Ms. with those who have lost a loved one to the ance after placing an estimate of $6 million on Lijin’s family was notified she was sentenced disease with those who want to show their the cost to restore the data. to one year and three months imprisonment in support for the cause. This extensive network Banqiao Women’s ‘‘Re-education Through is an extremely valuable resource to those Fortunately, Evans’ efforts caught the atten- tion of Dennis Wingo and Keith Cowing, both Labor’’ camp. While the imprisonment of a 61- whose lives have been affected by cancer. year-old woman demonstrates the communist of whom have been focused on space explo- One in every three people will be diagnosed Chinese regime’s paranoia, her arrest remains with cancer in their lifetime. The American ration for many years. They arranged to move a grave injustice and Ms. Lijin must be imme- Cancer Society is the largest source of non- the tapes and drives to NASA’s Ames Re- diately set free. profit cancer research funding in the United search Center in Mountain View, California. States, and thanks to their efforts, cancer sur- Ames’ director, Peter Worden, arranged for f vival rates have consistently increased over them to store the equipment in an old aban- RECOGNIZING VOLUNTEERS OF the last 15 years. Fundraisers like Relay for doned McDonalds, which they jokingly referred Life allow the ACS to continue to contribute to FAIRFAX COURT APPOINTED to as ‘‘McMoon’s.’’ Wingo and Cowing began SPECIAL ADVOCATES this significant and often life-changing re- working with Ken Zin, an army veteran, to get search. the drives up and running. NASA contributed I want to congratulate the Relay for Life on $100,000 to the efforts. Cowing invested his HON. GERALD E. CONNOLLY its 25th year as the American Cancer Soci- OF VIRGINIA own money in the project and the team en- ety’s signature fundraiser, and express my IN THE HOUSE OF REPRESENTATIVES continued support for cancer research initia- listed the support of local students to recover Monday, April 27, 2009 tives. I am proud that my home town of the images. Tempe has the opportunity to host this event. There is still a long way to go to complete Mr. CONNOLLY of Virginia. Madam Speak- Madam Speaker, please join me in recog- this project but the public’s interest in it is er, I rise today to recognize Fairfax Court Ap- nizing the American Cancer Society’s Relay more than just a matter of historical record. pointed Special Advocates (CASA) and the for Life, and those participating in the fight The images have the potential to push contributions that its volunteers make to our community. Fairfax CASA serves as an advo- against cancer. NASA’s climate data back a full decade. And cate for best interest of every abused and ne- f just as the Lunar Orbiter images provided data glected child referred by the county juvenile HONORING THE LUNAR ORBITER crucial to safely landing our first astronauts on system. CASA volunteers perform critical serv- IMAGE RECOVERY PROJECT the moon, those same images will assist the ices to ensure the very best care and home current efforts of the Lunar Reconnaissance environment for each child. Each year Fairfax HON. ZOE LOFGREN Orbiter mission by providing a baseline for un- CASA honors the most outstanding volunteers OF CALIFORNIA derstanding the changes to the Moon between for their noble devotion. IN THE HOUSE OF REPRESENTATIVES the 1960s and present day. Fairfax CASA presented its May Cook ‘‘Heart of Gold’’ Award to John Nelson. Mr. Monday, April 27, 2009 As with the Lunar Orbiter’s images them- selves, the efforts of those who have devoted Nelson personifies the truly dedicated CASA Ms. ZOE LOFGREN of California. Madam themselves to this project should not go unno- volunteer. Over the past six years, he has ad- Speaker, I rise to commend the Lunar Orbiter vocated tirelessly on behalf of 19 children, ticed or unrecorded. Although space explo- Image Recovery Project and all those who fully committing his efforts to each child until have contributed their time and effort to en- ration is a vast, complicated enterprise, it ulti- a safe and permanent home is secured. John sure that historic images and vital data from mately relies on individuals who have the vi- digs deep below the surface for information; the Lunar Orbiter missions of the 1960s are sion and imagination to move us forward. The he often interviews every single person inter- not lost to future generations. Lunar Orbiter Image Recovery Project is an facing with a child in order to gain a complete In 1965, Charles Byrne, an engineer with example of that kind of vision and imagination, picture of what is going on in the child’s world. Bellcomm, Inc., had the foresight to propose and those who have contributed to the Project For this dedication, Fairfax CASA acknowl- that NASA record data from the Lunar Orbiter and to preceding efforts surely deserve our edged his efforts with its highest volunteer missions onto tape recorders. NASA agreed gratitude. honor.

VerDate Mar 15 2010 13:58 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00012 Fmt 0689 Sfmt 9920 E:\BR09\E27AP9.000 E27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 8 10813 Eight individuals are recognized by Fairfax onstration of character and faith took place on Coast Guard, Reserves and National Guard. CASA for their outstanding volunteer commit- March 7, 1965. As the peaceful protestors ap- Over 9,000 children in Maine have a parent ment based on a variety of quantitative meas- proached the Edmund Pettus Bridge, they serving in the military. urements. Those individuals receiving the were greeted by the Sheriff Department and In 2007, the Kiwanis acquired, wrapped, Special Achievement Award are: Connie their clubs, tear gas and bull whips. We re- and distributed over 8,000 gifts to children in Jaiswal, Pam Jones, Mark Knopf, Marie member this day as Bloody Sunday. 140 cities and towns throughout the state of Mader, Frank Murphy, Shirley Readyhough, Local photographers and television crews Maine. Included with each gift was a hand- Bob Steward, and Lisa Walsh. captured the brutality of Bloody Sunday, cast- written note thanking the child and his or her A number of volunteers with Fairfax CASA ing the issue into the national spotlight. Their family which read, ‘‘On behalf of the Kiwanis are recognized for achieving significant mile- images of cruelty rallied popular support for Clubs of Maine and the people of the State of stones of longevity with the program. The fol- the cause of the protestors and set the stage Maine, we would like to offer you this token of lowing volunteers were recognized for five for the second march, which was to occur on our appreciation for your sacrifice. You are the years of service: Glenn MacKinnon, Barbara March 9th. However, protesters hit a stumbling child of a Maine military family and the bravery McLaughlin, Terry Nelson, Todd Skipper, and block, when a restraining order was issued that you show every day by sharing your par- Phyllis Surrett; for ten years of service: Nancy preventing the march. Dr. King led a group of ent to help protect our country is being recog- Hall; and, for fifteen years of service: Sandy 2500 protesters to the Edmond Pettus Bridge nized and honored. You should be extremely Summers. where he held a short prayer; before turning proud of your service to our country and you The outstanding efforts of the above-men- the crowd back, so as to respect the rule of should know that we, the Kiwanis and the tioned individuals merit special recognition but law. It is on March 21, 1965 that we see a people of Maine, stand proudly and beside one must acknowledge the impact of all 165 successful unimpeded march from Selma to you. We wish you and your family a Happy volunteers who contributed their time to pro- Montgomery Alabama. Under the protection of Holiday Season.’’ tect and support children through Fairfax Federal and State soldiers, FBI agents, and In 2008, the Kiwanis built on the incredible CASA in 2008. These volunteers served 484 U.S. Marshals, a group of near 8,000 pro- success of Operation Holiday Cheer and ex- abused and neglected children including 214 testers set out from Selma to march for 5 days panded the program throughout New England newly referred by the Court. In serving these and 4 nights down Jefferson Davis Highway and New York. Their efforts—and once again individuals, volunteers contributed more than until they reached the Alabama state capitol. their success—were astounding. Operation 19,000 hours on their court assigned cases in- Upon their arrival, the number of protestors Holiday Cheer raised over $650,000 and dis- cluding completing 3,004 face-to-face visits swelled to 25,000. This march had a profound tributed over 23,000 holiday gifts to children of and submitting 207 comprehensive and objec- impact on public opinion and just 5 months military families. tive reports to the courts. after its conclusion, President Lyndon Johnson In January 2009, Operation Holiday Cheer Madam Speaker, I ask my esteemed col- signed into law the Voting Rights Act of 1965. renamed itself ‘‘Operation Tribute’’ to better re- leagues to join me in expressing our gratitude I am confident that there will always be flect its mission of providing tribute to the chil- for the efforts of these volunteers and their those who boldly defy oppression and rebuke dren of military families. colleagues at Fairfax Court Appointed Special tyranny at all costs. One March day, Dr. Mar- I extend my deepest appreciation to the Advocates. The selfless commitment of these tin Luther King asked, ‘‘How long will prejudice Kiwanis Clubs of Maine for their thoughtful- individuals provides enumerable benefits to blind the visions of men, darken their under- ness in paying tribute—and bringing cheer—to Northern Virginia and life-changing services to standing and, drive bright-eyed wisdom from the lives of thousands of children in Maine, the children and families being served. her sacred throne?’’ Dr. King answered his New York and all of New England. f question, saying, ‘‘. . . Not long, because the f arc of the moral universe is long, but is bends IN RECOGNITION OF THE 44TH AN- CONGRATULATIONS TO MR. ALLEN toward justice.’’ It is this spirit that we must ‘‘ALI’’ CAYIR NIVERSARY OF THE SELMA TO cherish. Those who decided to command their MONTGOMERY CIVIL RIGHTS own destiny in Selma, Alabama in March of HON. GARY G. MILLER MARCHES 1965 embody this spirit, and it is my great OF CALIFORNIA honor to commemorate their efforts. IN THE HOUSE OF REPRESENTATIVES HON. DANNY K. DAVIS f OF ILLINOIS Monday, April 27, 2009 CONGRATULATIONS: KIWANIS IN THE HOUSE OF REPRESENTATIVES Mr. GARY G. MILLER of California. Madam CLUB OF GORHAM, MAINE Monday, April 27, 2009 Speaker, it is with great pleasure that I rise to congratulate Mr. Allen ‘‘Ali’’ Cayir of Chino Mr. DAVIS of Illinois. Madam Speaker, I HON. CHELLIE PINGREE Hills, California for being awarded the Ellis Is- wish to take a moment to recognize March 20 OF MAINE land Medal of Honor. as the 44th anniversary of the Selma to Mont- IN THE HOUSE OF REPRESENTATIVES Established in 1986 by the National Ethnic gomery marches. These historic marches had Coalition of Organizations, Inc. (NECO), the Monday, April 27, 2009 a profound affect on the voting rights of Afri- Ellis Island Medal of Honor pays tribute to our can Americans throughout the Nation. It is Ms. PINGREE of Maine. Madam Speaker, I nation’s immigrant heritage, as well as indi- only fitting that the brave individuals who en- would like to take this opportunity to congratu- vidual achievement. This medal is awarded to dured brutal physical violence, mental an- late the Kiwanis Club of Gorham, Maine for U.S. citizens from various ethnic backgrounds guish, and often public humiliation in order to acknowledging the courage and sacrifices of who exemplify outstanding qualities in both secure their voting rights be recognized by this the children of Maine’s military families their personal and professional lives, while body. through their program entitled ‘‘Operation Trib- continuing to preserve the richness of their From the pulpit of Brown Chapel, Dr. Martin ute’’. particular heritage. Luther King, Jr., issued a call to action after Kiwanis is an organization dedicated to A native of Turkey with an engineering de- numerous attempts to enfranchise the black service to children and youth through initia- gree from Istanbul Technical University, Mr. citizens of Selma came to a halt. Over the tives intended to improve the quality of life of Cayir arrived in New York in 1980 with plans next several weeks, the Student Nonviolent children in communities around the world. Cur- to begin a new life in Southern California. In Coordinating Coalition and the Southern Chris- rently, Kiwanis has over 500,000 members 1989, he founded Transtech Engineering, Inc., tian Leadership Conference expanded their internationally, representing 96 countries with which today is a multi-million dollar enterprise operations to register black voters in Selma 34 clubs in Maine. that provides professional and technical exper- and the surrounding area. At a voting rights On July 17, 2007, the Kiwanis Club of Gor- tise to governmental agencies, educational in- protest on February 18th, Jimmie Lee Jackson ham, later joined by the Kiwanis Clubs of stitutions and the private development sector. was shot while attempting to protect his moth- Maine, launched Operation Holiday Cheer, a In addition to Mr. Cayir’s professional suc- er and grandfather. Jackson’s death prompted program to provide a holiday gift to each par- cess, he is an extremely active part of his Mr. James Bevels of the SCLC to call for a ticipating child of Maine’s military families, in- community. His philanthropic contributions in- march from Selma to Montgomery. This dem- cluding, Army, Navy, Air Force, Marine Corps, clude diverse organizations such as Tools for

VerDate Mar 15 2010 13:58 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00013 Fmt 0689 Sfmt 9920 E:\BR09\E27AP9.000 E27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10814 EXTENSIONS OF REMARKS, Vol. 155, Pt. 8 April 27, 2009 Education at California State University, res- public service that will not soon be equaled. for national service and helping working toration work at Mission San Juan Capistrano She has made an indelible imprint on the Clin- women balance family and career, the First and United Way. ton Public School System and helped shape a Lady continues to show that there is no limit Throughout his life, Mr. Cayir has dem- promising future for an untold number of its to what a woman can do. onstrated his commitment to community serv- students. Madam Speaker, there is no greater I salute the women who have sacrificed so ice as well as a passion to preserve and cele- gift than that. I wish Bernice and her family much to serve our country. Each woman ben- brate ethnic diversity. I am proud to honor Mr. continued good health and happiness and efits our society in her own way, and whether Cayir’s achievements and congratulate him on kindly ask that the United States Congress an artist or a doctor, a teacher or a lawyer, a his receiving this prestigious award. publicly acknowledge her exceptional service mother or a soldier every woman’s success f to the Town of Clinton, the Commonwealth of encourages future generations of young girls Massachusetts and the United States of Amer- and women to follow their dreams. I am proud TRIBUTE TO MRS. BERNICE ica. to recognize March as Women’s History MCGRAIL FOR HER SERVICE TO f Month in our great nation. THE TOWN OF CLINTON, MASSA- f CHUSETTS IN RECOGNITION OF WOMEN’S HISTORY MONTH IN HONOR OF 307TH BOMB GROUP/ HON. JAMES P. McGOVERN WING MACDILL/KADENA ERA (1946–1954) OF MASSACHUSETTS HON. DANNY K. DAVIS IN THE HOUSE OF REPRESENTATIVES OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES HON. ELTON GALLEGLY Monday, April 27, 2009 OF CALIFORNIA Mr. MCGOVERN. Madam Speaker, I rise Monday, April 27, 2009 IN THE HOUSE OF REPRESENTATIVES today to pay tribute to Mrs. Bernice McGrail, Mr. DAVIS of Illinois. Madam Speaker, I Monday, April 27, 2009 an extraordinary woman who has devoted fully wish to take a moment to recognize the month Mr. GALLEGLY. Madam Speaker, I rise to thirty-six years to the children of the Clinton, of March as Women’s History Month. In our honor the 307th Bomb Group/Wing (1946– Massachusetts Public School System as a not-so-distant past, women could not vote, 1954), which is holding its 14th reunion this member of the School Committee. Today, a own property or maintain wages. Women were week in Tampa, Florida. reception is being held in Bernice’s honor so not expected to think independently of their The 307th Bombardment Group rose from that the legions of former students, faculty, ad- husbands, and their work was limited to the the reorganization of the U.S. Army Air Forces ministrators and local officials can offer her household. But even when considered second after World War II and the deactivation on Au- their good wishes as she ends a remarkable class citizens, it was our mothers, daughters gust 6, 1946, of the 498th Bombardment record of public service to her beloved home- and sisters who prepared the next generation Group. town. I regret that I am not able to attend to- of Americans for the challenges that lay As the initial SAC Bomb Group, the 307th day’s reception to personally express my pro- ahead. As Kofi Annan famously said, ‘‘When was first tasked with developing tactics, oper- found gratitude, respect and admiration to Ber- women thrive, all of society benefits, and suc- ating procedures and training requirements to nice. However, I did want to submit these ceeding generations are given a better start in engage in anti-submarine and sea search op- heartfelt words of appreciation into the CON- life.’’ erations. The high priority given their task also GRESSIONAL RECORD so that her immeasurable Without the American woman’s devotion to gave them priority in recruiting personnel, contributions to the development of genera- society, our nation would not be the same. training and equipment. As a result, while the tions of young people will be forever remem- Countless women disguised themselves as 307th was assigned 13 B–29 aircraft when it bered in the annals of this great institution. men during the Revolutionary War to join the was instituted, it had 30 B–29s a month later. Bernice McGrail’s tenure on the Clinton fight for independence. While their husbands, The 307th was busy for the next few years School Committee is not only noteworthy for brothers and fathers fought the war abroad, but it was the outbreak of the Korean War that its longevity but also for the quality of the women answered the call by working in fac- tested its mettle. In the summer of 1950, the service she rendered. For Bernice, the job of tories, sending the allied forces to victory in 307th with 31 B–29s deployed from Florida’s serving on the school committee did not begin WWII. Today, American women of every color MacDill Air Force Base to Kadena Air Base in and end with the weekly public meetings. In and background protect our nation at home Okinawa and on August 8 began bombing painstaking detail, she reviewed all of the and abroad by serving in our Armed Forces. runs on North Korea. school department correspondence, meeting Parents tell their children that women can be The B–29s bombed the enemy’s transpor- minutes, curriculum proposals and staffing rec- anything they dream of—soldiers, lawyers, tation system and industrial facilities through- ommendations. Bernice’s knowledge of the doctors, teachers, and mothers—without doubt out North Korea. Following a November cam- school department budget is unrivaled and or hesitation. paign against the bridges over the Yalu River when combined with her dogged determination Chicago’s own women have contributed to into Manchuria, the B–29s bombed interdiction she was an especially effective advocate for their communities in significant ways. Carol targets, communication and supply centers, the programs she vigorously supported. In ad- Moseley-Braun, the first black female senator, and supported United Nations ground forces dition to doing the difficult committee work, attended the University of Illinois at Chicago by hitting gun emplacements and troop con- Bernice was also a constant presence at all of and the University of Chicago Law School. centrations. the numerous school social functions and ac- Ms. Moseley-Braun was elected to the U.S. For the next few months the wing’s bombers tivities. From graduations, to football games, Senate in 1992 where she introduced several participated in FEAF’s bridge-busting cam- to school plays and dances, Bernice never bills that influenced education policy. Prior to paign, flying numerous missions against key missed an opportunity to show her pride in the becoming senator, she served as a member of bridge spans, and helped U.N. ground forces achievements of the school children. Her the House of Representatives for ten years. blunt a communist spring offensive. On May warmth and sense of humor have endeared Carol Moseley-Braun is recognized for her ef- 23rd, the 307th provided nighttime close-in her to so many people over the course of forts in education reform and the years she support, shredding enemy positions along the nearly four decades in elected office that Ber- dedicated to serving the state of Illinois. She entire battlefront with Loran Radar guided and nice is widely regarded as a political force of is truly an example for our young women. aimed fragmentation bombs. nature. Her support for any local initiative is Michelle Obama, our first black First Lady, The 307th was integral in the war effort until prized and her endorsement of any candidate has contributed greatly to the city of Chicago the truce was signed in July 1953. As the for elected office is coveted. I, for one, am and to her country. Mrs. Obama, a graduate of truce talks were concluding, the 307th helped eternally grateful for the loyal friendship, un- Princeton University and Harvard Law, is an disrupt and spoil an enemy ground offensive, wavering support and thoughtful advice Ber- extraordinary example of grace and success earning it a Distinguished Unit Citation. At the nice has provided me during my career in for all women. She proves that women can do end of the hostilities, the 307th had flown Congress. it all—have a high-powered career, be a de- more than 5,800 combat missions. After thirty-six years of tireless dedication, voted mother and wife, contribute to her com- In 1954, the wing returned to the United Bernice McGrail is leaving a legacy of selfless munity, and even campaign. As an advocate States and was assigned to Lincoln Air Force

VerDate Mar 15 2010 13:58 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00014 Fmt 0689 Sfmt 9920 E:\BR09\E27AP9.000 E27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 8 10815 Base in Nebraska. The B–29s were retired A TRIBUTE TO ATHLETIC HONORING THE BICENTENNIAL OF and the unit became a B–47 wing, ending an DIRECTOR RONNIE CHAVIS THE BIRTH OF ABRAHAM LINCOLN era. Madam Speaker, most of the surviving vet- HON. MIKE McINTYRE HON. DANNY K. DAVIS erans of the 307th Bomb Group/Wing who OF NORTH CAROLINA OF ILLINOIS flew over Korea are in their 80s—including my IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES friend Cy Johnson of Camarillo—and every re- Monday, April 27, 2009 Monday, April 27, 2009 union brings fewer of them together. I believe my colleagues will agree, however, that it’s im- Mr. MCINTYRE. Madam Speaker, as co- Mr. DAVIS of Illinois. Madam Speaker, I portant to remember the 307th’s role in bring- chairman and co-founder of the Congressional Wish to take a moment to honor Abraham Lin- ing peace to the Korean Peninsula and fight- Caucus on Youth Sports, I rise today to ex- coln’s legacy as we commemorate the bicen- ing back the initial push of communist aggres- tend my most sincere congratulations to Robe- tennial of his birth this year. President Lincoln sion. I therefore ask my colleagues to join with son County Athletic Director Ronnie Chavis, had a tremendous impact on the progression them and with me in commemorating their who was honored by the National Association of our nation. The 16th President of the United earned and rightful place in our American his- for Sport and Physical Education (NASPE) as States successfully led the country through its tory. 2009 National Athletic Director of the Year. greatest internal crisis, the American Civil f Mr. Chavis, who has served the Public War, preserving the Union and ending slavery Schools of Robeson County for over 17 years with the signing of the Emancipation Procla- RECOGNIZING LAWRENCE HOS- as director of athletics, driver education, mation. As a young man, Abraham Lincoln PITAL CENTER FOR 100 YEARS health, and physical education, was honored feared not achieving anything that would make OF SERVICE as Southern District Athletic Director of the men remember him. With hard work, dedica- Year on January 5, 2009. It was at the organi- tion, and determination, today, Abraham Lin- HON. NITA M. LOWEY zation’s national convention in Tampa, Florida, coln tops the list, for many, as one of the most OF NEW YORK held during the first week of April, that Mr. influential—and most revered—Americans. IN THE HOUSE OF REPRESENTATIVES Chavis was named NASPE’s 34th Athletic Di- The spirit that guided him was clearly that of rector of the Year. his Second Inaugural Address, now inscribed Monday, April 27, 2009 Mr. Chavis is a long-time resident of Robe- on one wall of the Lincoln Memorial in Wash- Mrs. LOWEY. Madam Speaker, I rise today son County, which is my home county. He ington, DC: ‘‘With malice toward none; with to pay tribute to the 100 years of quality health graduated from Prospect High School in 1968 charity for all; with firmness in the right, as care provided by Lawrence Hospital Center in and attended the University of North Carolina God gives us to see the right, let us strive on Bronxville, New York. at Pembroke where, as pitcher, he led his to finish the work we are in; to bind up the na- Lawrence Hospital Center first opened its baseball team to the College World Series tion’s wounds . . .’’ Indeed, Lincoln’s legacy is doors in 1909 to care for residents of South- with a 9–3 record. Mr. Chavis graduated from most alive in our continuous search for free- ern Westchester County and beyond, and it UNC—Pembroke with a degree in education dom, equality, and opportunity. I feel that it is continues providing high-quality health care in 1972, and began teaching and coaching at only right for my fellow colleagues and I to pay today. It was founded by William Van Duzer a local high school. Mr. Chavis later earned homage to a great leader who helped pave Lawrence, who recognized the need for high- two master’s of education degrees from the way for so many and who continues to in- quality and timely care for residents of New Campbell University, one in physical edu- spire people today, two hundred years later. York City suburbs after his son, Dudley, nearly cation, and the other in administration and su- As our newly elected 44th President of the died en route to a hospital in New York City. pervision. In 1989, he was named Athletic Di- United States, Barack Obama, also from Illi- In its first year of operation, Lawrence had rector of the Public Schools of Robeson Coun- nois, begins his first term in office, the wounds thirty beds and treated a total of 278 patients. ty. of the nation and the world will begin to heal Today, Lawrence Hospital Center has grown Among his many accomplishments, Mr. as he is guided and inspired by the former into a 291 bed acute-care facility that treats Chavis used funds from a physical education President Lincoln. Illinois is the state where thousands of patients annually. grant to build fitness centers, complete with Lincoln spent more than a quarter century of Lawrence has a strong history of leadership new conditioning and physical education his life, serving as a lawyer and politician, in health care and local medical excellence. In equipment, for each of the seven high schools leaving his mark in many towns and cities 2006 Lawrence became a leader in stroke within his district. Furthermore, Mr. Chavis en- throughout the state. Long before being elect- care when the hospital became a designated sured that all 35 elementary and middle ed president in 1860, he served four terms in New York State Stroke Center. Lawrence’s schools were furnished with adequate physical the state legislature and one in Congress. The Cancer Care program has also been accred- education supplies, equipment, and software. state of Illinois honors Lincoln’s legacy in a va- ited by the American College of Surgeons with Mr. Chavis also partnered with the Public riety of ways including: The Abraham Lincoln Commendation. Schools of Robeson County to provide funds Presidential Library and Museum, the Lincoln Employing more than 400 physicians, Law- for the lighting of all baseball and softball Memorial Garden, Lincoln’s Journey of Re- rence Hospital Center provides expertise in fields, and two football fields. Finally, Mr. membrance, The Lincoln Home National His- virtually every area of medical specialty. It is Chavis established the Robeson County toric site, and the city of Lincoln. In addition, recognized for its professional excellence in Coaches Golf Tournament, which has raised The U.S. Mint will introduce four newly-de- bariatric surgery, cardiology, obstetrics, ortho- over $15,000 to assist coaches and athletes signed Lincoln pennies throughout 2009, the pedics, and oncology. that have experienced hardships. first being released on his birthday. A Lincoln Committed to health care excellence, Law- Mr. Chavis is recognized by his colleagues commemorative silver dollar will also be re- rence Hospital Center has recently expanded as a highly dedicated professional who is able leased later this year. and renovated its facilities in order to continue to motivate both students and coaches. His We have come a long way since the Lincoln serving the growing population of Westchester impact on the children of Robeson County and days, but we still have a long way to go. The County and surrounding areas. Recently, the its youth sports community is evident. While a bicentennial of Abraham Lincoln is a great hospital opened a state-of-the-art maternity number of Robeson County athletes have time to honor his legacy, as well as re-exam- center, expanded and improved its emergency gone on to play at the collegiate and/or pro- ine the American Dream and what it means to department, and finalized plans for a future fessional level, many of Mr. Chavis’ former be an American today. It is a time of oppor- sleep center. students have emerged as doctors, lawyers, tunity to bring together a divided nation in I am proud to recognize and thank Law- and coaches. Teaching discipline and perse- order to work together to fulfill Lincoln’s goal rence Hospital Center for providing 100 years verance, Mr. Chavis continues to inspire the of finding unity in our diversity. With a newly- of outstanding health care to residents of the lives of our children, molding individuals who elected President who shares many of the New York Metropolitan Area, and I look for- will make many useful contributions to society. same ideals as Lincoln, there is not a better ward to working with Lawrence Hospital Cen- On behalf of the U.S. Congress, I extend con- time to start this transformation, create ter to strengthen the health care system in the gratulations to Mr. Chavis for his recognition change, and finish the work that we started so lower Hudson Valley. as 2009 National Athletic Director of the Year. long ago. President Obama, similar to Lincoln,

VerDate Mar 15 2010 13:58 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00015 Fmt 0689 Sfmt 9920 E:\BR09\E27AP9.000 E27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 10816 EXTENSIONS OF REMARKS, Vol. 155, Pt. 8 April 27, 2009 faces many great challenges ahead, but with WE MUST ENSURE SAFE ROADS will undoubtedly do so in the future. One such hard work, dedication and determination these AND BRIDGES! example is the privately inspected $12 million challenges we shall too, overcome. carpool bridge connecting the San Diego (405) f HON. BOB FILNER and the Costa Mesa (55) Freeways. The OF CALIFORNIA project was to have been completed in April HONORING THE LOUISIANA IN THE HOUSE OF REPRESENTATIVES 2003. However, work was halted in August HONORAIR VETERANS 2002 when chunks of concrete were falling Monday, April 27, 2009 from the structure and many cracks were no- HON. JOHN FLEMING Mr. FILNER. Madam Speaker, I rise today ticed. Contractor and private inspector errors OF LOUISIANA to introduce the Safety, Efficiency and Ac- were later discovered and the carpool ramp countability in Transportation Projects through IN THE HOUSE OF REPRESENTATIVES did not open until January 2005. Public Inspection Act of 2009 (H.R. 2104). The Public and the federal government un- Monday, April 27, 2009 This bill would require public employees to derstand what’s at stake. In a 2006 California Mr. FLEMING. Madam Speaker, I rise today perform the inspection and related essential public opinion poll, 71% of those surveyed to recognize and honor a very special group public functions on all state and local transpor- said they want state engineers to inspect the from Northwest Louisiana. tation projects. My bill is intended to ensure construction of state highways; and 20% found On April 11, 2009 a group of 104 veterans that public safety is protected, transportation private firms acceptable for the task. David M. and their guardians flew to Washington with a funds are not wasted and projects are deliv- Walker, the Comptroller General of the United very special program. Louisiana HonorAir is ered in a timely manner. States, said in a recent interview: ‘‘There’s providing the opportunity for these Louisiana On transportation projects, the construction something civil servants have that the private veterans to visit Washington, DC on a char- inspector is the eyes, ears and voice of the sector doesn’t, and that is the duty of loyalty tered flight, free of charge. For many, this will public. Inspectors ensure that construction and to the greater good—the duty of loyalty to the be the first and only opportunity to visit the seismic standards are met, that projects meet collective best interest of all rather than the in- memorials created in their honor. These brave safety requirements and that the materials terest of a few. Companies have duties of loy- men and women, from my home state of Lou- used will stand the test of time. In short, in- alty to their shareholders, not to the country.’’ isiana, deserve the thanks of a grateful nation spectors are there to ensure that the motoring f public gets what they pay for and public safety for everything they have sacrificed for our SENATE COMMITTEE MEETINGS freedom. and the public interest are protected. When the construction inspection function is Title IV of Senate Resolution 4, Today I ask my colleagues to join me in outsourced to a private company, there is no agreed to by the Senate on February 4, honoring these great Americans and thank longer a representative of the public on the job 1977, calls for establishment of a sys- them for their unselfish service. site. In this circumstance, one private com- tem for a computerized schedule of all Maurice E. Alston, Sr., Albert S. Austin, Nor- pany is charged with the task of inspecting the meetings and hearings of Senate com- man W. Bale, Kenneth R. Barns, Paul Bauer, work of another private company. This creates mittees, subcommittees, joint commit- James W. Beck, Wayne Belshe, Clyde W. multiple conflicts for the private inspector. tees, and committees of conference. Benson, Chet J. Boudreaux, Wilfred Boullion, First, the private inspectors’ primary obligation This title requires all such committees William E. Brashear, William O. Budwah, and responsibility is not to the public, but to to notify the Office of the Senate Daily Pleasant Nathaniel Burns, James L. Bush, the success and profitability of his company. Digest—designated by the Rules Com- James H. Butler, William T. Cagle, Richard H. Because the private construction company mittee—of the time, place, and purpose Canterbury, Lamore J. Carter, William H. Car- whose work they are inspecting on one project of the meetings, when scheduled, and ter, Lundy E. Cavender, Marcus R. Chapman, may be a business partner on a future project, any cancellations or changes in the Jr., Allen G. Clements, William Y. Cobb, Rollin private inspectors may also feel pressure from meetings as they occur. H. Cochran, Addison A. Daigle, Arthur J. the private contractor to take steps that ensure As an additional procedure along DeLaune, Jr., Steven L. dePyssler, Homer C. larger profits for both firms. I am concerned with the computerization of this infor- Doty, Jr., James C. Epps, Clyde Lee Estes, that these conflicts have led private inspectors mation, the Office of the Senate Daily Jesse Fenton, Carl D. Ferguson, Jr., Joe E. to cut corners and overlook problems that Digest will prepare this information for Floyd, Frank H. Ford, Jr., Lucian W. Furr; Wil- threaten public safety, increase costs and printing in the Extensions of Remarks liam Gately, Ellsworth Gauntz, Jack E. Giles, delay projects. section of the CONGRESSIONAL RECORD Wesley D. Glassell, Hersey Goodwin, James There are many examples in which public on Monday and Wednesday of each B. Grant, James D. Guffey, Ralph A. Hair, safety has been threatened by the use of pri- week. Adron W. Hallman, John E. Hamburn, John vate inspectors, including Boston’s ‘‘Big Dig’’ Meetings scheduled for Tuesday, W. Hamilton, Jesse W. Hammett, Raymond E. (where a concrete slab from a tunnel ceiling April 28, 2009 may be found in the Daily Harper, Harold B. Hayden, John Allen Head, fell and killed a woman), the L.A. Redline sub- Digest of today’s RECORD. Raymond L. Heck, James A. Holdcroft, Wil- way (Hollywood Blvd. collapsed), the 8–805 liam J. Hood, Verle L. Hulse, John B. Hum- Interchange in San Diego (10,000 defective MEETINGS SCHEDULED phrey, Robert P. Hunter, Richard L. Ingram, welds on a seismic retrofit), the Connecticut I– APRIL 29 Taylor P. Isom, Dewey W. Jenkins, Sr., Edwin 84 project (hundreds of drains that lead no- 9:30 a.m. E. Jones, George V. Keith, Charles M. where). Foreign Relations Kendrick, James F. King, Stanley F. Kolniak, Contracting out public inspection work also To hold hearings to examine the nomina- John J. Langdon, Powell A. Layton, Harry A. does not save money! Defective work requires tions of Johnnie Carson, of Illinois, to Lazarus, Jr., Darion D. Leach, Rosa R. extensive repairs, and inevitably, the taxpayer be Assistant Secretary for African Af- LeJeune, Sam F. Loeb, George A. Love, gets stuck with the bill. Comparative studies fairs, and Luis C. de Baca, of Virginia, Charles W. Luther, Joseph F. Lytle, Joseph A. have also found that contracting-out engineer- to be Director of the Office to Monitor and Combat Trafficking, both of the Malec, Floyd L. Marlatt, Joseph A. Marsala, ing, design, and inspection costs more than to Department of State. Frank H. McArdle, Jefferson P. McBride, Jr., do this work in-house, and none of these stud- SD–419 Joe H. McDaniel, William R. McDaniel, Sam ies found that consultant engineers were less Veterans’ Affairs W. McDonald, John Ivy Miles, Mitchell S. expensive. Factors that contribute to consult- To hold hearings to examine pending Miletello, Jesse W. Moore, Jr., Calvin W. Mor- ants’ excessive costs include the lack of com- benefits related legislation. gan, Franklin P. Moritz, Alfred J. Procell, John petitive bidding, cost-plus provisions in con- SR–418 H. Pruett, Jr., Kearney L. Pruett, Earl L. Raley, tracts, salary differentials between the private 10 a.m. Robert V. Rayner, Robert Bruce Rivet, Thom- and public sectors, profit margins of from 10 Judiciary Crime and Drugs Subcommittee as O. Roberts, Billy B. Robertson, James E. percent to 15 percent, and additional costs To hold hearings to examine restoring Robison, Mike Romanos, Charles H. Rose, connected with selecting and supervising con- fairness to federal sentencing, focusing Jr., Gerald J. Roussel, E.H. Scoggins, James sultants. on addressing the crack-powder dis- E. Still, Charles W. Tebow, Ralph D. Tinsley, Failure to have public construction inspec- parity. Loyd H. Wilkins, and Lawrence R. Yeager. tors has also delayed projects in the past and SD–226

VerDate Mar 15 2010 13:58 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00016 Fmt 0689 Sfmt 0634 E:\BR09\E27AP9.000 E27AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 27, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 8 10817 Health, Education, Labor, and Pensions be Deputy Secretary of Health and Under Secretary for Science, Ines R. Business meeting to consider pending Human Services, and Alan B. Krueger, Triay, of New Mexico, to be Assistant calendar business. of New Jersey, to be Assistant Sec- Secretary for Environmental Manage- SD–430 retary of the Treasury for Economic ment, and Scott Blake Harris, of Vir- Homeland Security and Governmental Af- Policy. ginia, to be General Counsel, all of the fairs SD–215 Department of Energy, Hilary Chandler To hold hearings to examine swine flu, Health, Education, Labor, and Pensions Tompkins, of New Mexico, to be Solic- focusing on coordinating the federal re- To hold hearings to examine primary itor of the Department of the Interior, sponse. health care access reform, focusing on and pending legislation on Renewable SD–342 community health centers and the na- Electricity Standard and Siting of 2 p.m. tional health service corps. Interstate Electric Transmission Fa- Aging SD–430 To hold hearings to examine the life set- Homeland Security and Governmental Af- cilities. tlement market, focusing on what is at fairs SD–366 stake for seniors. To hold hearings to examine the nomina- Homeland Security and Governmental Af- SD–106 tions of Ivan K. Fong, of Ohio, to be fairs 2:30 p.m. General Counsel, Department of Home- Oversight of Government Management, the Homeland Security and Governmental Af- land Security; to be immediately fol- Federal Workforce, and the District of fairs lowed by a hearing to examine the Columbia Subcommittee Oversight of Government Management, the nomination of Timothy W. Manning, of To hold hearings to examine national se- Federal Workforce, and the District of New Mexico, to be Deputy Adminis- curity reform, focusing on imple- Columbia Subcommittee trator for National Preparedness, Fed- menting a national security service To hold hearings to examine the federal eral Emergency Management Agency, workforce. government’s role in empowering Department of Homeland Security. SD–342 Americans to make informed financial SD–342 Intelligence decisions. Judiciary To hold closed hearings to examine cer- SD–342 Business meeting to consider S. 417, to tain intelligence matters. Armed Services enact a safe, fair, and responsible state S–407, Capitol Personnel Subcommittee secrets privilege Act, S. 257, to amend To hold hearings to examine the imple- title 11, United States Code, to disallow MAY 6 mentation of Wounded Warrior policies certain claims resulting from high cost 9:30 a.m. and programs. credit debts, S. 448 and H.R. 985, bills to SH–216 maintain the free flow of information Veterans’ Affairs to the public by providing conditions To hold hearings to examine the nomina- APRIL 30 for the federally compelled disclosure tions of Roger W. Baker, of Virginia, to be Assistant Secretary for Information Time to be announced of information by certain persons con- and Technology, William A. Gunn, of Indian Affairs nected with the news media, S. 327, to Virginia, to be General Counsel, Jose Business meeting to consider the nomi- amend the Violence Against Women D. Riojas, of Texas, to be Assistant nation of Yvette Roubideaux, of Ari- Act of 1994 and the Omnibus Crime zona, to be Director of the Indian Control and Safe Streets Act of 1968 to Secretary for Operations, Security, and Health Service, Department of Health improve assistance to domestic and Preparedness, and John U. Sepulveda, and Human Services. sexual violence victims and provide for of Virginia, to be Assistant Secretary SD–628 technical corrections. for Human Resources, all of the De- 9:15 a.m. SD–226 partment of Veterans Affairs. Appropriations Joint Economic Committee SR–418 Transportation, Housing and Urban Devel- To hold hearings to examine the eco- 10 a.m. opment, and Related Agencies Sub- nomic outlook. Judiciary committee 210–CHOB To hold an oversight hearing to examine To hold hearings to examine the Depart- 2 p.m. the Department of Homeland Security. ment of Transportation’s implementa- Armed Services SD–106 tion of the American Recovery and Re- Airland Subcommittee 2:30 p.m. investment Act (ARRA). To hold hearings to examine the current Commerce, Science, and Transportation SD–138 and future roles, missions, and capa- Communications and Technology Sub- 9:30 a.m. bilities of United States military air committee Armed Services power. To hold hearings to examine the future To hold hearings to examine the Sec- SR–222 of journalism. retary of Defense’s 2010 budget rec- Health, Education, Labor, and Pensions SR–253 To hold hearings to examine pending ommendations. Judiciary nominations. SH–216 Terrorism and Homeland Security Sub- SD–430 Foreign Relations committee Judiciary To hold hearings to examine the United To hold hearings to examine the passport Immigration, Refugees and Border Secu- States strategy toward Pakistan. insurance process, focusing on ending SD–419 rity Subcommittee fraud. 10 a.m. To hold hearings to examine comprehen- SD–226 Appropriations sive immigration reform in 2009. To hold hearings to examine proposed SD–226 MAY 21 budget estimates for fiscal year 2010 for 2:30 p.m. the War Supplemental. Energy and Natural Resources 9:30 a.m. SD–106 Business meeting to consider the nomi- Veterans’ Affairs Finance nations of Kristina M. Johnson, of Business meeting to markup pending leg- To hold hearings to examine the nomina- Maryland, to be Under Secretary, Ste- islation. tions of William V. Corr, of Virginia, to ven Elliot Koonin, of California, to be SR–418

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