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

Vol. 155 WASHINGTON, TUESDAY, MARCH 3, 2009 No. 37 House of Representatives The House met at 10:30 a.m. rates, birth defects, leukemia, and Federal Government, itself, because of f other cancers and respiratory difficul- World War II shipbuilding. ties. While a number of potentially re- MORNING-HOUR DEBATE Approximately 30 percent of these sponsible parties, such as the Port of The SPEAKER. Pursuant to the sites are considered ‘‘orphan’’ sites Portland and the Northwest Natural order of the House of January 6, 2009, where a responsible party cannot be Gas Company, have stepped forward to the Chair will now recognize Members found, cannot pay or refuses to pay. In from lists submitted by the majority these cases, the Superfund trust fund is begin the cleanup process, it is ex- and minority leaders for morning-hour tapped to help pay for the cleanup. pected that much of the pollution at debate. That Superfund program has contrib- the Portland Harbor site will be unac- counted for. Normally, this orphan f uted to the cleanup of over 1,000 sites across America. share would be paid by the Superfund. SUPERFUND REAUTHORIZATION Before the tax expired in 1995, the Since there is no money in the fund, The SPEAKER. The Chair recognizes money for the Superfund trust fund the EPA may decide to distribute the the gentleman from Oregon (Mr. came mainly from taxes on the pol- liability to those already identified re- BLUMENAUER) for 5 minutes. luters, themselves—the oil and chem- sponsible parties, significantly increas- Mr. BLUMENAUER. Madam Speaker, ical companies—that profited from the ing their cleanup costs and serving as a the budget that President Obama sub- sale or use of the chemicals being disincentive for people to come forward mitted to Congress last week calls for cleaned up. Because Congress in the and help voluntarily. This may be one the reinstatement of the ‘‘polluter past has not reauthorized the taxes, of the largest and costliest in the pro- pays’’ principle for the Superfund pro- the rate of cleanup for Superfund sites gram’s history, but it is but one exam- gram. has declined, and the burden for fund- ple around the country. As someone who has been dealing ing the cleanup of these toxic waste Many of the responsible parties are with a Superfund site in my district for sites now falls on the shoulders of all eager to clean up actions on the site, over 20 years, I am pleased that the tax-paying Americans, not those who but the EPA has not even issued a President has added his important were responsible for it. voice to this cause. I have introduced By 2003, the balance in the Superfund record of decision to clean it up. The H.R. 564, the Superfund Reinvestment trust fund had dwindled to zero, delay- EPA tells us this record of decision is Act, which would implement his rec- ing 29 sites around the country. Today, about 3 to 5 years away, which basi- ommendations. I urge my colleagues to the Superfund relies heavily on scarce cally has been the same story for the cosponsor it. general fund revenues, increasing the past 9 years, in part, because we don’t The Superfund program was created burden on American taxpayers at a have the resources. In the meantime, in 1980 to provide money to clean up time when cleanup costs are increas- contamination is negatively impacting the Nation’s worst hazard sites where ing. The lack of funding also reduces navigation and redevelopment activi- the party responsible for polluting was the EPA’s leverage in forcing compa- ties around the region, not to mention out of business or could not be identi- nies to clean up after their own sites. threatening the health and safety of fied. Superfund sites contain toxic con- The delay has resulted in greater those who live around the river. taminants that have been detected in health risks to people living near Portland Harbor is one of many ex- drinking water wells, creeks and rivers, Superfund sites. It has resulted in in- amples of sites around the country backyards and playgrounds all across creased damage to local communities that will benefit from reinstating the America. Indeed, about 1 in 4 Ameri- as sites remain a drain on the local tax Superfund taxes. Until it expired in cans lives within 4 miles of a Superfund base, and in the long run, it results in 1995, the Superfund tax generated site. higher ultimate cleanup costs. about $1.7 billion a year to clean up Communities impacted by these sites One of the sites that has experienced these hazardous areas. can face restrictions on water use and delay due to the EPA’s lack of funding recreational activities as well as eco- is the Portland Harbor Superfund site I hope that my colleagues will work nomic losses as property values decline in my district, officially a Superfund with me to ensure that the polluters, due to contaminated land. In the worst site in December of 2000 but a source of not the general fund taxpayers, clean cases, residents of the community can concern for years. The sources of con- up our country’s most hazardous waste face serious health problems such as tamination include former and current sites by cosponsoring the Superfund cardiac impact, infertility, low birth industrial operations and, indeed, the Reinvestment Act, H.R. 564.

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Nov 24 2008 23:35 Mar 03, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MR7.000 H03MRPT1 jbell on PROD1PC69 with HOUSE H2888 CONGRESSIONAL RECORD — HOUSE March 3, 2009 BIG GOVERNMENT IS BACK ducers, including a manufacturing de- States didn’t have the money or be- The SPEAKER pro tempore (Ms. duction and the expensing of drilling cause they couldn’t reach them BERKLEY). The Chair recognizes the costs, which would effectively raise through their outreach programs. gentlewoman from North Carolina (Ms. taxes on the industry by $60 billion. So one of the first things that was FOXX) for 5 minutes. The new policy of Cap and Tax, or done by this new Congress was to pass Ms. FOXX. Madam Speaker, the era Cap and Trade, would impose a $79 bil- an SCHIP expansion bill. Actually, it of big government is back. President lion annual cost to the economy, or had a two-thirds majority vote here in Obama’s proposal last week on the $646 billion over 10 years. This is going the House of Representatives—over 40 budget raises the deficit to $1.75 tril- to raise energy prices by an average of Republicans joined with Democrats— lion. That is 12.3 percent of GDP. Even $516 per year for each household. and President Obama signed the bill while rolling back the 2001 and 2003 tax We heard the President talk about just a few weeks ago. cuts, the Democrats’ budget stills responsibility and accountability. By We know it’s going to work. We know grows the deficit, and we’ve been told my account, he mentioned ‘‘responsi- it’s going to do a lot to expand health over the years that it was those tax bility’’ seven times last week in his insurance for kids who do not have it, cuts that created the deficit. speech to Congress, and he mentioned and that makes sense because the bot- The national debt will double to $20 ‘‘accountability’’ six times. Ladies and tom line is that if people have health trillion in just 8 years. Think of that, gentlemen, it is time that Congress insurance, then they go to a doctor ladies and gentlemen, $20 trillion. In lives up to its responsibility and be- more frequently. They get preventive care. They don’t have to go in an emer- the last 8 years, the budget rose only comes accountable for its spending and gency room. They don’t get sicker, by $4.9 trillion in comparison. The stops passing these spending costs which ultimately causes the Federal Obama administration will exceed that along to future generations. within their first 3 years. Beginning in Government and the State government f 2012 and every year thereafter, the gov- more money. ernment will spend more than $1 bil- HEALTH CARE REFORM Let me talk about the economic re- covery package. In the economic recov- lion a day in net interest. Just think The SPEAKER pro tempore. The ery package, there are a number of what we could do with that kind of Chair recognizes the gentleman from health care reform initiatives. First of money. New Jersey (Mr. PALLONE) for 5 min- all, there’s money that goes back to I’ve just been visited by representa- utes. the States, about $80- to $90 billion, to tives of School Food Service in the Mr. PALLONE. Madam Speaker, I help them enroll people on Medicaid. Fifth District of North Carolina. They wanted to talk about health care re- Because of the recession, because more tell me, unless the Federal Government form and start off by mentioning that, people now do not have a job and, increases its commitment to School in my opinion, in the last month or so therefore, lose their health insurance, Food Service, children in our country since President Barack Obama has are going to go hungry. Think what we the Medicaid rolls have expanded, but taken office, more has been done under States can’t afford to expand the Med- could do with $1 billion a day. his auspices in terms of health care re- By 2019, the government will spend icaid rolls and, in many cases, were al- form than probably has been done in ready starting to limit who would be $1.7 billion per day on interest. Total the last 10 years. I specifically would spending is going to equal $3.9 trillion eligible for Medicaid. But now, the mention the SCHIP—children’s health in 2009. That’s 27 percent of GDP, a Federal Government is giving the care expansion—and those health ini- record level and the highest level as a States essentially about $80- to $90 bil- tiatives, those health care reform ini- share of GDP since World War II. This lion to help them defray that cost so tiatives that are in the economic re- spending is going to expand net entitle- that anyone who’s eligible for Medicaid covery package. They are significant ment spending by $1 trillion over 10 would be able to receive it. for many reasons. years, and it includes a $634 billion In addition to that, if you were em- First of all, if you look at the SCHIP, down payment on socialized medicine. ployed and you lost your job, we have Medicaid spending will double in less or the children’s health care initiative, a system now called COBRA, which is than a decade, growing from $201 bil- we have on the books or we had before an acronym, where if you do lose your lion in 2008 to $403 billion by 2017, and this initiative for about 10 years a pro- job, you can pay the full cost of the there are no provisions for rooting out gram that allowed working parents health insurance that your employer waste, fraud and abuse in this program. who did not receive health care on the was providing you and continue to It’s going to increase domestic—non- job through their employers to be able have your existing health insurance defense, non-veterans, non-homeland to receive it through the State. These that you had on the job for another 18 security—discretionary spending by at were people who were working but who months. But the problem is you have least 10 percent next year on top of the were not poor enough to qualify for to pay out of pocket 100 percent, actu- 8.7 percent increase this year. Medicaid. Yet, if they went out and ally 102 percent because of the adminis- Ladies and gentlemen, the American tried to buy private insurance for their trative costs, because your employer is people can not stand this debt and can children and for themselves, they es- not contributing anymore. So, with the not stand this kind of spending. sentially were not able to because the economic recovery package, the Fed- The proposed budget also raises taxes private market is too expensive. eral Government now will pay 65 per- by $1.4 trillion during a recession. This b 1045 cent of the cost of COBRA which includes tax increases on American makes it a lot more affordable for business, small businesses and individ- And so about 12 years ago, Democrats those who are eligible for COBRA. uals. Furthermore, all Americans who and Republicans, on a bipartisan basis, But beyond that, there are major re- use energy will be penalized with a new got together and set up the SCHIP chil- forms in the economic recovery pack- carbon tax. This energy tax negates dren’s health initiative, the Federal age in health care, in many significant the so-called ‘‘tax cut’’ for 95 percent of Government giving the States money ways, not just the money. For example, Americans, because 100 percent of to cover these kids in certain cat- there is a major initiative on preven- Americans who use any form of energy egories, maybe 200 percent of poverty tive care. There’s a major initiative on are going to pay this tax. or, in some cases, even as high as 300 wellness, to basically teach people It reinstates the death tax. This on- percent of poverty. It worked. about staying healthy so they don’t get erous tax punishes families for building About 7 million children who did not sick and cost the system a lot of up savings to pass on to their heirs, have health insurance were covered, money. There’s also $20 billion for and it imposes an especially heavy bur- and we decided as Democrats—and we health information technology, so that den on small businesses and family tried to get some Republicans and ac- hospitals and doctors can upgrade their farms. It will penalize Americans for tually did get some Republicans to sup- systems and, rather than using paper, contributing to charities by increasing port us—that we needed to expand it by have all their records done electroni- taxes by $179.8 billion over 10 years. another 4 or 5 million kids who were el- cally. This saves the system money. The budget repeals seven different igible for the program but were not re- What President Obama is trying to tax provisions for oil and gas pro- ceiving the benefits, either because the do in the economic recovery package is

VerDate Nov 24 2008 23:35 Mar 03, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.002 H03MRPT1 jbell on PROD1PC69 with HOUSE March 3, 2009 CONGRESSIONAL RECORD — HOUSE H2889 basically lay the groundwork, if you creased income taxes, excise taxes, in- Mr. MCCLINTOCK. Madam Speaker, will, for doing health care differently. heritance taxes, corporate income tax, I’d like to offer a word of caution about If the emphasis is on prevention, if the holding company taxes and ‘excess the law of unintended consequences. emphasis is on wellness, if the empha- profits’ taxes. When all of these tax in- Last week, this House passed the ad- sis is on new technologies that bring creases are taken into account, the ministration’s proposal to allow home- costs down because you can do things New Deal fiscal policy didn’t do much owners to force banks to reduce the more effectively, then not only do you to promote recovery.’’ size of their mortgages and their inter- have less mistakes and a more efficient This legislation is also an unprecedented est payments. system, but you have a system that ul- expansion of the nation’s debt burden. The Well, there are millions of families, timately costs less money. U.S. is projected to have a $1.2 trillion deficit including my own I might add, who f in FY 2009 even without the enactment of any now owe more on our mortgages than stimulus legislation. As a percentage of GDP, our homes are worth, and yet more ECONOMIC STIMULUS II—MORE the projected FY 2009 deficit (8.3% of GDP) than 90 percent of homeowners con- DEBT is considerably larger than any deficit during tinue to make our mortgage payments The SPEAKER pro tempore. The the Great Depression (the highest was 5.4% in hopes of better days to come. Chair recognizes the gentleman from of GDP in 1934). Question: How many of these people Florida (Mr. STEARNS) for 5 minutes. The year 2008 could easily be defined as who have been faithfully making their Mr. STEARNS. Madam Speaker, with the year of the bailout. The months have mortgage payments will now take ad- America facing an almost 8 percent un- passed in a torrent of troubling government vantage of this new law to reduce their employment rate, record low consumer ‘‘rescues’’ of private sector financial firms. mortgage debt by tens or even hun- confidence, and this country’s worst Those bailouts have come at a great price and dreds of thousands of dollars? economic downturn since the beginning have exposed American taxpayers to vast fi- And while we’re at it, here’s another of World War II, our Nation needs a nancial risk. And in a financial crisis, such as question. As these borrowers decide to real economic stimulus package that the one we are now facing, bailout after bail- cash in on this windfall, how many ad- will give tax relief to hurting American out is quite simply not a good strategy for re- ditional banks will fold as the value of businesses, create long-term sustain- covery. these otherwise perfectly sound mort- able job growth, and provide real per- Since October of 2008, the U.S. Treasury gages is crammed down by this new manent tax relief to American fami- has committed $350 billion in public funds to law? lies. What this country does not need is private financial institutions, many of which And a final question: How high will the Federal Government increasing our have utilized reckless investment strategies, the surviving banks raise their interest national debt to record levels, burying through the Troubled Asset Relief Program rates and down payment requirements our children and our grandchildren (TARP). to protect themselves against future under a mountain of debt. Specifically, insurance giant AIG has governmental interventions? This Democrat spending plan is sim- received $40 billion, Citigroup—which I’m afraid that all we will have done ply not stimulative. According to CBO, just tried to spend $50 billion on a lux- is to create a society where fewer the plan includes over $600 billion in ury corporate jet—has received $20 bil- banks will be able to make loans and new spending. There are some tax cuts, lion, an additional $20 billion has been fewer home buyers will be able to ac- but of the $816 billion in the program, given to the Federal Reserve, and $250 cess loans and produce an additional the majority is for new spending, from billion has gone to large national downward spiral in home values. 2009 to 2019. While this plan is aimed at banks in the form of direct capital in- Madam Speaker, the law of unin- quickly injecting government cash into jections. Even more troubling is the $23 tended consequences is beyond Con- the economy, only 15 percent of the billion of these TARP funds, which has gress’ jurisdiction, and we would do spending will occur during this fiscal been allocated to bail out automobile well to heed it. year, and only 37 percent of the spend- manufacturers such as General Motors f ing will occur in fiscal year 2010. This and Chrysler. This type of government RECESS means that over half of the plan’s intervention in the private sector is spending will occur starting in the year unprecedented and has put us on a pre- The SPEAKER pro tempore. Pursu- 2011, hardly a quick injection into the carious path to socialism. ant to clause 12(a) of rule I, the Chair lagging economy as promised by the Given the massive amount of money declares the House in recess until noon Democrat authors. the Federal Government has spent on today. Many have looked to our economic bailouts since March of 2008, along with Accordingly (at 10 o’clock and 55 history to provide guidance for us the ever-increasing debt level, it is un- minutes a.m.), the House stood in re- today during this difficult time. Par- conscionable to continue committing cess until noon. ticularly, they’ve looked at the New good money after bad. This money be- f Deal under President Roosevelt. Unfor- longs to the American taxpayer, and b 1200 tunately, what many economists have now, more than ever, we must rein in AFTER RECESS found is that the New Deal principles this out-of-control government spend- are stale ideas that do not translate ing for our future generations who will The recess having expired, the House into economic stimulus for our econ- have to pay back this irresponsible was called to order by the Speaker pro omy in the 21st century. debt accumulation. tempore (Mr. PASTOR of Arizona) at First, the Great Depression began in Madam Speaker, we need to turn off noon. 1929 and did not end until 1940. And the the government spigot of Federal fund- f stock market did not return to the ing into non-stimulative debt spending. PRAYER level of September 3, 1929, until 1954. If It is time for Congress to pass a real today’s economy were to go through a economic stimulus package that will Reverend Lawrence L. Vollink of- similar recovery, we would not fully es- give tax relief to hurting American fered the following prayer: cape the current recession until the businesses, create long-term sustain- Always, Lord God, You have been our year 2018, and the Dow would not reach able growth, and provide real perma- help in days past. You have been our its high of 2007 until the year 2032. nent tax relief to American families. hope for the days ahead. We are so Secondly, many economists note that overwhelmed that out of Your love, during the Great Depression the United f You lead us, You protect us, You sus- States did not actually have much of tain us, and You bring comfort to Your an expansionary fiscal policy. As Tyler THE LAW OF UNINTENDED people, sometimes miraculously, and Cowen stated in the New York Times CONSEQUENCES at other times, from a distance. And to article, The New Deal Didn’t Always The SPEAKER pro tempore. The us has been given that sacred trust to Work, Either, ‘‘Under President Her- Chair recognizes the gentleman from bring honor and goodness to all people. bert Hoover and continuing with Roo- California (Mr. MCCLINTOCK) for 5 min- We again ask for Your wisdom to be sevelt, the Federal Government in- utes. given to our Representatives as they

VerDate Nov 24 2008 23:35 Mar 03, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.004 H03MRPT1 jbell on PROD1PC69 with HOUSE H2890 CONGRESSIONAL RECORD — HOUSE March 3, 2009 uphold what is right and true. May You Michigan, a graduate of South High Mr. POE of Texas. Mr. Speaker, in always be near to guide in their deci- School, the very same high school that February this House passed two bills sions, to comfort them in their fail- Gerald Ford attended. that are well over $1 trillion: the illu- ures, and to keep them humble in their He’s retired from the Army after 20 sive Stimulus Bill that rewards special successes. Give us faith, Lord, that we years of service to his country. He was interest groups, and the Omnibus Ap- can see in every difficulty there is an stationed in Germany, Fort Campbell, propriations Bill. Both were passed. opportunity, and in every blessing Fort Carson and Selfridge Air Base in There are even more high-dollar gov- there is a responsibility, and in every Michigan. ernment programs being planned in purpose a task. He has pastored churches in Ohio and back rooms of this Capitol. Lord, we ask for Your watchful eye Illinois and Michigan. He has served as So how much is $1 trillion? Well, it’s to be upon our troops wherever they a pastor and continues to serve as a 1 with 12 zeros behind it. It will buy are serving. And be with their families pastor in hospitals and Hospice around you 36 million Chevrolet Malibus. It’s that love them dearly and for those the mid-Michigan area. spending $1,000 a day at the mall for 2.5 who are grieving their loss at this He has committed and dedicated his million years. Or it will pay the college time. We give thanks for all of the or- life to the military families that he education for every high school grad- ganizations who have given support to loves and respects and is a part of. He uate for the next 10 years. make our troops return safe and sure. has nourished their souls and strength- Mr. Speaker, the problem with this Wherever we are serving, help us to ened their faith. We are honored to spending is we don’t have the money, accomplish great and good things for have him today lead us in prayer and so we’re going have to borrow it or through the challenging days that lie our States and for our Nation, now and raise taxes. Both of those are bad ideas. ahead of this great Nation. And we wel- forever. We pray for Thy glory. This big government spending spree come not only his wife, Susie, but the Amen. agenda is not helping our economy. entire Michigan delegation that has f The stock market keeps going down. joined him. He’s got one heck of a cav- Congress is forcibly taking money from THE JOURNAL alry in his reserve. Americans to spend on programs that The SPEAKER pro tempore. The f don’t work, and also acquiring debt Chair has examined the Journal of the BLUEPRINT FOR THE FUTURE that Americans yet to be born will last day’s proceedings and announces (Ms. EDWARDS of Maryland asked have to pay for. to the House his approval thereof. and was given permission to address And that’s just the way it is. Pursuant to clause 1, rule I, the Jour- the House for 1 minute.) f nal stands approved. Ms. EDWARDS of Maryland. The A CLEAR, VISIONARY BLUEPRINT f President has presented his budget, and FOR AMERICA’S FUTURE it really is a blueprint for the future. PLEDGE OF ALLEGIANCE It’s time to end the responsibility (Mr. MORAN of Virginia asked and The SPEAKER pro tempore. Will the that’s been created over the last decade was given permission to address the gentlewoman from Maryland (Ms. ED- and return us back to some honest ac- House for 1 minute and to revise and WARDS) come forward and lead the counting principles; to making certain extend his remarks.) House in the Pledge of Allegiance. that we put everything in the pot, ex- Mr. MORAN of Virginia. Mr. Speak- Ms. EDWARDS of Maryland led the amine line by line the budget, and er, last Thursday, we were given the Pledge of Allegiance as follows: make the kind of investments in the most honest, visionary and fair budget that we have gotten in 8 years. It in- I pledge allegiance to the Flag of the future that will strengthen our econ- United States of America, and to the Repub- omy and grow our economy for our cludes the cost of the wars and the cost lic for which it stands, one nation under God, children. of patching the Alternative Minimum indivisible, with liberty and justice for all. And what does that mean? Invest- Tax which the Bush budgets were never willing to do. It invests in an education f ments in clean energy, so that we’re no longer dependent on fossil fuels and and energy future that will sustain a MESSAGE FROM THE SENATE foreign oil; investments in renewable strong prosperous economy. And the A message from the Senate by Ms. energy, wind and solar, and biofuels. fact is that it is fair. Curtis, one of its clerks, announced We’ll make sure that we have a Now, that’s going to be the talking that the Senate has agreed to a concur- health care system that really works point, that it does allow taxes to be re- rent resolution and a joint resolution for every American, making sure that stored on those who have seen the of the following titles in which the con- we have quality affordable access to highest income growth over the last 8 currence of the House is requested: health care. This is an investment that years, the wealthiest 2 percent of our S. Con. Res. 9. Concurrent resolution sup- the President has put before us in his society. This issue has historically porting the goals and ideals of Multiple Scle- budget, and it’s an investment whose been a defining feature of America, rosis Awareness Week. time is overdue. that people who benefit the most from S.J. Res. 12. Joint resolution proclaiming Investments in education that make our economic prosperity should pay for Casimir Pulaski to be an honorary citizen of certain that from pre-Kindergarten the cost of the military that defends the United States posthumously. through high school and then on-going that wealth, should pay for the cost of f learning we are preparing a workforce the roads and the rails that transport for the future, a workforce for the 21st that wealth, and, in fact, should pay WELCOMING REV. LAWRENCE L. century economy. And then, of course, for the cost of educating the workforce VOLLINK making sure that we invest in our in- that produces that wealth. The SPEAKER pro tempore. Without frastructure, in water and sewer and This budget, for the first time in 8 objection, the gentleman from Michi- transportation and broadband, in an years, is not dead on arrival. This is a gan (Mr. ROGERS) is recognized for 1 electrical grid for the future, being cer- clear visionary blueprint for America’s minute. tain that we’ve made the kinds of in- future, and we should support it. There was no objection. vestments. The President has pre- f Mr. ROGERS of Michigan. I’m very sented a budget that makes the kind of SAVE TOURS OF THE CAPITOL honored to be here to welcome Chap- investments that will restore us to a lain Larry Vollink and his wife, Susie, strengthened economy in the 21st cen- (Mr. KIRK asked and was given per- who was also in the counterintelligence tury. mission to address the House for 1 field in the United States military dur- f minute and to revise and extend his re- ing her day. They’re in Washington, marks.) D.C. for the annual Washington Amer- WHAT’S A TRILLION DOLLARS? Mr. KIRK. JIM MORAN worked to save ican Legion Conference. The chaplain (Mr. POE of Texas asked and was tours of the Capitol, and Congressman is the national chaplain for the Amer- given permission to address the House LOEBSACK and I have now authored a ican Legion. He lives in Ypsilanti, for 1 minute.) bipartisan letter to the Architect of

VerDate Nov 24 2008 23:35 Mar 03, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.008 H03MRPT1 jbell on PROD1PC69 with HOUSE March 3, 2009 CONGRESSIONAL RECORD — HOUSE H2891 the Capitol urging him to restore the Since the President made numerous lost. In addition to the decline in con- rights of Members and staff to offer promises to reduce earmarks during his sumer protein demand, Pilgrim’s Pride tours to our constituents. campaign, the American people should was most affected by high feed prices The red coats of the CVC do not own know what is in the bill that he will be causing a loss in the last year of over the Capitol. Members of Congress do signing, another 1,100-plus page bill. $1 billion, forcing them into bank- not own the Capitol. The American This is a $410 billion spending bill ruptcy. people bought and paid for it, but the which contains 8,500 earmarks, includ- The main cause of these high prices CVC red coats now block Americans ing $300,000 for migrating loons in Ne- was Federal mandates to increase the from seeing the Capitol with their Con- vada, $900,000 for planetarium equip- use of ethanol. This large spike in corn gressmen or staff. ment in Chicago, $190,000 for trolleys in prices is being felt throughout the We are headed to a train wreck when Puerto Rico, $3 million for a foot country by consumers and producers CVC red coats turn away thousands of bridge in St. Louis, $380,000 for a light- alike. Is this a foreshadowing of more American families from the Capitol house in Maine, $1 million for red snap- disasters to come because of the gov- over spring break. They say, sure, we’ll pers in Florida, $7 million for sea tur- ernmental manipulation of the energy handle your constituents, no problem. tles in Hawaii, and on and on. markets? Actually, they’re going to block the ac- Migratory loons in Nevada? Red Just like the mortgage debacle, gov- cess of the American people to the Cap- snappers in Florida? Trolleys in Puerto ernmental meddling in markets con- itol. Rico? In a time of trillion dollar defi- tinues hurting the working family, Now, a recent Facebook posting by a cits, enough is enough! both directly and indirectly. CVC red coat reflected a stunning arro- f f gance that should not be tolerated to- wards American citizens. 92ND ANNIVERSARY OF U.S. FAIRNESS IN TAXES CITIZENSHIP I urge Members to sign the bipartisan (Mr. COHEN asked and was given per- Loebsack-Kirk letter to ensure that (Mr. PIERLUISI asked and was given mission to address the House for 1 your constituents can see the Capitol permission to address the House for 1 minute.) when they want, with their Member of minute.) Mr. COHEN. Mr. Speaker, President Congress, and not be blocked by the Mr. PIERLUISI. Mr. Speaker, 92 Obama offered his first budget to this CVC red coats. years ago, President Wilson signed a House last week, and it calls for fair- f bill and the people of Puerto Rico be- ness that hasn’t been seen in this came U.S. citizens. American government for a long time, PRESIDENT OBAMA LOOKS TO Puerto Rico’s relationship with the BRING HONESTY AND ACCOUNT- fairness in taxes between the most United States is as close as it is com- wealthy and the least fortunate, people ABILITY TO THE BUDGET PROC- plex. In some instances, promises of ESS who need help and people who need to equal treatment took too long to re- provide help, a budget that provides for (Ms. WATSON asked and was given deem, and there are aspects of the rela- health care, for energy, for veterans, permission to address the House for 1 tionship that should trouble men and most of all, for the issues that are most minute.) women of conscience. important to the American public. In- Ms. WATSON. Mr. Speaker, last week But like so many American stories, vestments in our infrastructure, which President Obama continued to bring this is a chronicle of progress and a de- will spur this economy and stimulate real change to Washington by announc- termined march towards a more perfect the economy. ing his plan to bring honesty and ac- union. For me, as for millions of my I would ask my colleagues on the countability to the budget process. constituents, the pride we feel in being other side of the aisle to join with the For the last 8 years, the Bush admin- Puerto Rican is matched by the pride Democrats in supporting our President istration and Washington Republicans we feel in being American citizens. To who was elected with overwhelming masked the true costs of their budget those who express concern that any numbers and still has overwhelming by refusing to include funding for the further strengthening of the bond be- support. Confidence and support for wars in Iraq and Afghanistan and refus- tween Puerto Rico and the U.S. will re- this President is what’s necessary to ing to include any funding for natural sult in a weakening of Puerto Rico’s give people the confidence to invest in disasters, even though we all knew identity, I submit that history and ex- our economy and get us out of this re- they would happen. These accounting perience demonstrate otherwise. cession. gimmicks were used to make deficit The people of Puerto Rico have been projections look smaller than they ac- fighting for our country ever since f tually were. they became citizens. American sol- b 1215 These tricks will soon be a thing of diers from Puerto Rico, fiercely proud BUDGET the past, as President Obama wants the of their country and their island roots, American people to have facts so they provide powerful testimony that these (Mr. CHAFFETZ asked and was given can hold us all accountable. That’s the feelings complement, rather than con- permission to address the House for 1 way government should work, and tradict, one another. minute and to revise and extend his re- thanks to President Obama’s commit- Mr. Speaker, on this anniversary, I marks.) ment to honesty in government, it will salute the 4 million U.S. citizens of Mr. CHAFFETZ. Mr. Speaker, in the be instituted as part of his budget out- Puerto Rico. President’s address to the joint session line later this week. f of Congress, he said unequivocally he Mr. Speaker, for years, congressional was opposed to bigger government. Yet GOVERNMENT MEDDLING IN Democrats criticized the Bush adminis- the President’s budget does exactly the MARKETS tration for using these gimmicks, and opposite. Big government is back and so we commend President Obama for (Mr. FLEMING asked and was given is bigger than before. Under the Presi- this very welcome change. permission to address the House for 1 dent’s plan, the national debt will dou- f minute.) ble to $20 trillion. We cannot sustain Mr. FLEMING. Mr. Speaker, last this; we cannot afford this, and we sim- EARMARKS week, the Pilgrim’s Pride Poultry ply must say, ‘‘No.’’ (Mr. PITTS asked and was given per- Company announced the closing of The President said, ‘‘If your family mission to address the House for 1 three chicken processing operations earns less than $250,000 a year, you will minute and to revise and extend his re- throughout the southeastern United not see your taxes increase a single marks.) States. dime. I repeat: not a single dime.’’ Mr. PITTS. Mr. Speaker, the Presi- In and around my district in North Yet the President’s budget calls for dent is expected to sign the omnibus Louisiana, 1,300 jobs were lost. It is im- significant tax increases that will be appropriations bill this week, once the portant for the American public to paid by every American, by 100 percent Senate acts on the bill. know why and how these jobs were of us. Let us remember it is not the

VerDate Nov 24 2008 23:35 Mar 03, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.010 H03MRPT1 jbell on PROD1PC69 with HOUSE H2892 CONGRESSIONAL RECORD — HOUSE March 3, 2009 government’s money we talk about and In their press release, Sierra Pacific sibility to knock down the backlog of spend. It is the American people’s notes, ‘‘Nearly two-thirds of the cur- claims that our veterans are facing, money. We cannot afford to continue rent year’s timber sale program is en- and we need to ensure that the re- to run this government on a credit joined or withheld from sale pending cently enacted GI Bill is put to use as card. We are going to have to do more the outcome of litigation.’’ it should be. In all of this, the Amer- with less, and that means finding ways So, Mr. Speaker, today, another 150 ican Legion is a crucial partner. to cut government spending. families in the little town of Quincy There is another side to the Legion f are out of work, direct casualties of that doesn’t get mentioned that much. this retrograde, Luddite ideology. It is the daily activities serving our THE PASSING OF REV. MICHAEL veterans and their communities. From ‘‘THE SOWER’’ GUIDO f their great civic education programs, HONORING TANYA LOMBARDI (Mr. BARROW asked and was given Boys and Girls State, to youth baseball permission to address the House for 1 (Mr. MCNERNEY asked and was and other programs, this is the truly minute.) given permission to address the House great work the Legion does, and I want Mr. BARROW. Mr. Speaker, I rise for 1 minute and to revise and extend to commend them. We are all better for today in sadness to pay tribute to the his remarks.) it. Our Nation’s veterans are better for life of a constituent of mine, Dr. Mi- Mr. MCNERNEY. Mr. Speaker, I rise the work the Legion does. chael Guido. Rev. Guido, known to mil- today to ask my colleagues to join me f lions as ‘‘the Sower,’’ died at the age of in recognizing the importance of Na- 94 last Saturday. tional Kidney Month and in honoring ANNIVERSARY OF UNITED STATES Michael Guido came to Metter, Geor- Tanya Lombardi, a courageous kidney CITIZENSHIP FOR THE PEOPLE gia in 1943 for a preaching trip. After donor. OF PUERTO RICO he met the woman who would later be- Four years ago, Tanya joined a local (Ms. BORDALLO asked and was come his wife, he decided to stay. book club in Danville, California. given permission to address the House Sixty-six years later, he leaves behind There she met Maxine Moir. Maxine for 1 minute.) his bride, Audrey, and a ministry that needed a new kidney, but couldn’t find Ms. BORDALLO. Mr. Speaker, as is broadcast on over 100 television sta- a donor. In response, Tanya offered her chairwoman of the Subcommittee on tions and 400 radio stations around the kidney to Maxine, displaying great Insular Affairs, Oceans and Wildlife, I world. He also wrote a column, ‘‘Seeds compassion and courage. This past De- rise today to join my colleagues in from the Sower,’’ which was published cember, Tanya provided Maxine with a marking the 92nd anniversary of Presi- in over 1,300 newspapers across our miraculous holiday gift. Since the suc- dent Woodrow Wilson’s signing of an land. cessful transplant, Tanya and Maxine Rev. Guido built an impressive min- Act of Congress, conferring United take weekly walks and remain close istry, but his goal was not fortune or States citizenship upon the people of fame; it was just to live his life like the friends, a friendship extending from a Puerto Rico. This act marked an im- sower in Christ’s parable—sowing the unique and incredible relationship that portant advancement in the United word of God on sometimes stony began at the book club. States-Puerto Rico relationship, and ground and keeping faith in his God Selfless donors like Tanya gave more although it is still an unfinished jour- and with his fellow man. His brother, than 13,000 kidneys in 2008, but many ney, it brought our brothers and sisters Larry, carries on Rev. Guido’s work, more people need help. Brave acts of in Puerto Rico into the American fam- and his memory will live on in the kindness like those by Tanya Lombardi ily. souls he helped lead to God during his continue to bring hope to thousands of The people of Puerto Rico have a rich long life. people and show that each of us can and a beautiful culture. Their work to The Bible says, ‘‘A good name is make a difference. preserve and to celebrate their culture rather to be chosen than great riches I urge my colleagues to join me dur- and their contributions to our democ- and loving favor rather than silver or ing National Kidney Month in recog- racy and defense of our Nation are un- gold.’’ Michael Guido made a good nizing the selfless acts of kidney do- matched by any State. name for himself, which lives on in the nors across America. Today, we recognize the act that con- loving favor of literally millions of f ferred them citizenship, and we com- memorate this event with them as we souls, which is worth more than all the HONORING THE AMERICAN LEGION silver and gold in all the world. look forward to their continuing polit- (Mr. WALZ asked and was given per- f ical progress. The people of Guam join mission to address the House for 1 our fellow Americans in congratulating SIERRA PACIFIC INDUSTRIES minute.) Puerto Rico. (Mr. MCCLINTOCK asked and was Mr. WALZ. Mr. Speaker, today, I rise f given permission to address the House to express my appreciation for the for 1 minute.) great work the American Legion does JOB CREATION Mr. MCCLINTOCK. Mr. Speaker, Si- for our Nation’s veterans. (Mr. INSLEE asked and was given erra Pacific Industries just announced As a proud Legionnaire myself, this permission to address the House for 1 the closure of its sawmill in the little morning, I had the great honor of ad- minute.) town of Quincy, California, in my dis- dressing the Commander’s Call. This Mr. INSLEE. Mr. Speaker, we are trict, throwing another 150 families out afternoon, I will meet with fellow Min- looking for job creation opportunities of work. They made it very clear that nesotan Legionnaires Brad Lindsay, during these tough economic times. the recession was not the cause; it was Bill Goede and Marie Goede, Floyd This morning, I heard ideas from an merely the catalyst. The real cause is Kumerow, Robert Hirmer, and Chuck unexpected source. I was at a bipar- that the regulatory costs and litiga- Kruger. tisan symposium with Senators, Gov- tion, because of regulation, now exceed As a member of the House Veterans’ ernors, former Prime Minister Tony their profit margin. In fact, two-thirds Affairs Committee, I look to the Amer- Blair, and business leaders. What I of their timber harvest this year is tied ican Legion for guidance on the prior- heard from the business leaders is that up as a result of government actions. ities of our Nation’s veterans. It is be- one of the best sources of job creation Sierra Pacific constructed this small cause, every day, the Legion is out we have is in creating new green collar, log mill when Congress passed legisla- there, working with our veterans. They clean energy jobs to respond to our cli- tion promoting tree thinning in the understand what is needed. mate crisis, which will also help us in surrounding forests to prevent forest I see it as this Congress’ responsi- our economic crisis. fires, but that law has not been imple- bility to work with the VA budgets Jeff Immelt of GE told us about the mented because of endless litigation by that are not just sufficient but timely need for a smart grid so we can create environmental groups who are using an to make sure that they’re predictable green-collar jobs. Mr. Hayes from Flor- impenetrable web of environmental and that we serve our veterans the way ida Power and Light told us about the laws. we should. We have an absolute respon- great technologies in solar power. We

VerDate Nov 24 2008 23:35 Mar 03, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.012 H03MRPT1 jbell on PROD1PC69 with HOUSE March 3, 2009 CONGRESSIONAL RECORD — HOUSE H2893 heard from Vinod Khosla about ways to staff, and students, as he provided wisdom gan where he received his degree in sequester carbon dioxide in building and counsel to thousands of individuals dur- 1937, beginning his doctoral studies im- material. ing his more than 6 decades of service to Cal- mediately afterwards. At this moment of economic stress, vin College; He deferred his studies during World Whereas Dr. Spoelhof is fondly remem- War II, serving our Nation in the Office we should not forget that responding to bered for his contributions to daily discus- climate change is a potential way to sions with retired faculty and students at of Strategic Services, then enlisting in get over our economic doldrums. Let’s the ‘‘Emeritorium’’ and for his kind words to the Navy. The Navy recognized his keep this clean energy ball rolling. passersby around the campus; service by awarding him a Bronze Star f Whereas on December 3, 2004, Calvin Col- Medal, and for his efforts with the lege physics and astronomy professor, Larry Dutch Resistance Movement, Dr. ANNOUNCEMENT BY THE SPEAKER Molnar, discovered an asteroid, and named it Spoelhof was honored by Queen Wilhel- PRO TEMPORE Asteroid 129099 Spoelhof in honor of Dr. mina of the Netherlands with the order The SPEAKER pro tempore. Pursu- Spoelhof; of Orange-Nassau. ant to clause 8 of rule XX, the Chair Whereas Dr. Spoelhof was a respected lead- After receiving his doctorate from er in the Christian Reformed Church denomi- will postpone further proceedings the University of Michigan in 1946, nation, an educator of generations of teach- Spoelhof returned to Calvin College to today on motions to suspend the rules ers and ministers through programs at Cal- on which a recorded vote or the yeas vin College, a faithful presence at the de- begin his long and distinguished career and nays are ordered, or on which the nominational Synod meetings, and a loyal there. He began teaching history and vote is objected to under clause 6 of member of the Neland Avenue Christian Re- political science at the college, and be- rule XX. formed Church; came president in 1951. Dr. Spoelhof Record votes on postponed questions Whereas Dr. Spoelhof was awarded the was a dedicated member of the Neland will be taken later. Bronze Star Medal by the Navy for his serv- Avenue Christian Reformed Church, ice in World War II; which had a very close relationship f Whereas, for his contributions in liaison with Calvin College. Dr. Spoelhof effec- HONORING DR. WILLIAM with the Dutch Resistance Movement, Dr. tively led the college through church SPOELHOF Spoelhof was honored by Queen Wilhelmina conflicts and student protests of the of the Netherlands with the Order of Orange- Mr. POLIS. Mr. Speaker, I move to Nassau with swords and a laurel wreath; turbulent 1960s as well as oversaw Cal- suspend the rules and agree to the reso- Whereas in 1935, Dr. Spoelhof married Miss vin College’s move from its Franklin lution (H. Res. 91) honoring the life and Angeline Nydam, and they had three chil- Street location to its current service of Dr. William Spoelhof, presi- dren, Robert Spoelhof, Elsa Scherphorn, and Knollcrest campus. Today, one of the dent emeritus of Calvin College in Peter Spoelhof; principal buildings in this 400-acre Grand Rapids, Michigan, as amended. Whereas Ange, as Dr. Spoelhof lovingly campus is the William Spoelhof College The Clerk read the title of the resolu- called his wife, passed away in 1994; and Center. Whereas Dr. Spoelhof lived a life of grati- tion. After 25 years of service to Calvin tude and desired to bring God’s glory in all College, Dr. Spoelhof retired in 1976 as The text of the resolution is as fol- he did, and, on December 3, 2008, the Calvin lows: the longest serving president in the College community lost a visionary leader college’s history. After his formal re- H. RES. 91 and wise friend: Now, therefore, be it Resolved, That the House of Representa- tirement, Dr. Spoelhof was named Whereas Dr. William Spoelhof was born on president emeritus, maintaining an of- December 8, 1909, in Paterson, New Jersey, tives honors the life of Dr. William Spoelhof and passed away on December 3, 2008, at the and his outstanding devotion and service as fice and continuing to act as a mentor age of 98; a member of the military, teacher, and pro- for countless faculty members, staff Whereas in 1931, Dr. Spoelhof graduated fessor, president, and friend of Calvin College and students. He was also honored by a from Calvin College in Grand Rapids, Michi- in Grand Rapids, Michigan. Calvin College professor, Larry Molnar, gan, and began teaching social studies at the The SPEAKER pro tempore. Pursu- who discovered an asteroid in 2004 and middle school level; ant to the rule, the gentleman from named it ‘‘Spoelhof.’’ Whereas in 1937, Dr. Spoelhof received a Colorado (Mr. POLIS) and the gen- Dr. Spoelhof and his wife, Angeline Master of Arts degree and began his doctoral tleman from Louisiana (Mr. CASSIDY) Nydam, who passed away in 1994, had studies at the University of Michigan; each will control 20 minutes. three children together: Robert, Peter Whereas during World War II, Dr. Spoelhof The Chair recognizes the gentleman and Elsa Scherphorn. served our country by joining the Office of from Colorado. A committed servant and role model Strategic Services in 1942 and enlisting in in his community, William Spoelhof’s the Navy in 1943; GENERAL LEAVE Whereas following the war, Dr. Spoelhof Mr. POLIS. Mr. Speaker, I request 5 dedication to his college, his church completed his doctoral work at the Univer- legislative days during which Members and his country sets a prime example sity of Michigan, and, in 1946, returned to may revise and extend their remarks for our Nation to follow. I would like Calvin College to teach history and political and insert extraneous materials into to have this opportunity to recognize science; his life and accomplishments. the RECORD on House Resolution 91. Whereas in 1956, 5 years after becoming Mr. Speaker, I reserve the balance of president of Calvin College, Dr. Spoelhof The SPEAKER pro tempore. Is there objection to the request of the gen- my time. oversaw the process of moving Calvin Col- Mr. CASSIDY. I yield myself such tleman from Colorado? lege from its original Franklin Street cam- time as I may consume. pus located near downtown Grand Rapids to There was no objection. Mr. Speaker, I rise today in support Mr. POLIS. I yield myself as much its current Knollcrest campus in southeast of House Resolution 91, offered by the Grand Rapids; time as I may consume. gentleman from Michigan (Mr. Whereas Dr. Spoelhof carefully balanced Mr. Speaker, I rise today in support EHLERS). This resolution honors the Calvin College’s vision for excellence in aca- of House Resolution 91, which honors life and service of William Spoelhof, demics with its relationship with the Chris- the life and achievements of Dr. Wil- president emeritus of Calvin College in tian Reformed Church, as he effectively liam Spoelhof, a long-time president of steered the College through church conflicts Grand Rapids, Michigan. and the tumultuous, nationwide student pro- Calvin College in Grand Rapids, Michi- Dr. Spoelhof was born in 1909 in tests of the 1960s; gan. Dr. Spoelhof, a decorated war Paterson, New Jersey, and passed away Whereas in 1976, after 25 years of service as hero, a dedicated member of the Chris- on December 3, 2008, at the age of 98. He an administrator, Dr. Spoelhof became the tian Reformed Church and father of graduated from Calvin College in 1931 longest-serving president in Calvin College’s three, passed away at the age of 98 on and began teaching social studies at history to date and announced his retire- December 3, 2008. the middle school level. In 1937, he re- ment; Born in Paterson, New Jersey in 1909, Whereas after his formal retirement, Dr. ceived his Master of Arts degree, and Dr. Spoelhof graduated from Calvin began his doctoral studies at the Uni- Spoelhof was named president emeritus and College in 1931 and began teaching so- maintained an office and steady presence at versity of Michigan. cial studies in a local middle school. He the College, offering continued support and b 1230 goodwill whenever needed; left to pursue a Master of Arts degree, Whereas Dr. Spoelhof was a Christian role first at Columbia University, then During World War II, Dr. Spoelhof model and mentor to many faculty members, transferring to the University of Michi- enlisted in the U.S. Navy and served

VerDate Nov 24 2008 23:35 Mar 03, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.013 H03MRPT1 jbell on PROD1PC69 with HOUSE H2894 CONGRESSIONAL RECORD — HOUSE March 3, 2009 our country in the Office of Strategic aison with the Dutch Resistance Movement, lution (H. Res. 77) congratulating the Services. He was awarded the Bronze Dr. Spoelhof was honored by Queen Wilhel- University of Mary Washington in Star Medal by the Navy for his service. mina of the Netherlands with the Order of Or- Fredericksburg, Virginia, for more Also, for his contributions in liaison ange-Nassau with swords and a laurel wreath. than 100 years of service and leadership with the Dutch Resistance Movement, Following the war, in 1946, he completed to the United States. Dr. Spoelhof was honored by Queen his doctoral work, and returned to Calvin Col- The Clerk read the title of the resolu- Wilhelmina of the Netherlands with lege to teach history and political science. tion. the Order of Orange-Nassau with After becoming president of Calvin College, The text of the resolution is as fol- swords and a laurel wreath. Dr. Spoelhof oversaw the process of moving lows: Following the war, in 1946, he com- Calvin College from its original Franklin Street H. RES. 77 campus, located in urban Grand Rapids, to its pleted his doctoral work and returned Whereas, on March 14, 1908, Virginia Gov- to Calvin College to teach history and current campus in southeast Grand Rapids. ernor Claude A. Swanson signed into law leg- political science. After becoming Presi- Dr. Spoelhof carefully balanced Calvin Col- islation for the establishment of the new dent of Calvin College, Dr. Spoelhof lege’s vision for excellent academics with its State Normal and Industrial School for oversaw the process of moving Calvin relationship with the Christian Reformed Women at Fredericksburg, Virginia; College from its original Franklin Church, as he effectively steered the college Whereas in 1938, the institution was re- Street campus, located in urban Grand through occasional church conflicts and the tu- named Mary Washington College in honor of multuous, nationwide student protests of the Mary Ball Washington, the mother of Presi- Rapids, to its current campus in south- dent George Washington; east Grand Rapids. 1960s. In 1976, after 25 years of service as an ad- Whereas in 1970, the Virginia General As- Dr. Spoelhof carefully balanced Cal- ministrator, Dr. Spoelhof became the longest- sembly approved full coeducational status vin College’s vision for excellent aca- serving president in Calvin College’s history to for Mary Washington College, and men were demics with its relationship with the enrolled as resident students for the first date and announced his retirement. Christian Reformed Church as he effec- time; After his formal retirement, he was named Whereas in 2004, the Virginia General As- tively steered the college through oc- president emeritus and maintained an office casional church conflicts and the tu- sembly approved university status to the in- and steady presence at the College, offering stitution, changing its name to the Univer- multuous, nationwide student protests continued support and goodwill whenever sity of Mary Washington; of the 1960s. needed. Whereas the University of Mary Wash- In 1976, after 25 years of service as an William Spoelhof was married to Miss ington enrolls over 5,000 students and em- administrator, Dr. Spoelhof became the Angeline Nydam in 1935, and they had three ploys over 1,000 full-time and part-time fac- longest-serving president in Calvin Col- children, Robert Spoelhof, Elsa Scherphorn, ulty and staff; lege’s history to date. After his formal and Peter Spoelhof. Ange, as Dr. Spoelhof Whereas in 2008, U.S. News and World Re- retirement, he was named president lovingly called his wife, passed away in 1994, port ranked the University of Mary Wash- emeritus and maintained an office and after almost 60 years of marriage. ington as third among public, southern, mas- steady presence at the college, offering ter’s degree-granting schools; Dr. Spoelhof was a Christian role model and Whereas the University of Mary Wash- continued support and goodwill when- mentor to many faculty members, staff and ington has been led by eight presidents: Ed- ever needed. students, as he provided wisdom and counsel ward H. Russell (1908–1919), Algernon B. Dr. Spoelhof was a Christian role to thousands during his more than six dec- Chandler, Jr. (1919–1928), Morgan L. Combs model and mentor to many faculty ades of service to Calvin College. (1929–1955), Grellet C. Simpson (1956–1974), members, staff and students as he pro- On a personal note, Dr. Spoelhof recruited Prince B. Woodard (1974–1982), William M. vided wisdom and counsel to thousands me from the University of California at Berkley Anderson, Jr. (1983–2006), William J. Frawley during his more than six decades of to teach Physics at Calvin College. I am deep- (2006–2007), and Judy G. Hample (2008–); service to Calvin College. Dr. Spoelhof ly grateful for his guidance and for leading me Whereas the University of Mary Wash- to teach at a wonderful, Christian liberal arts ington offers 43 degree programs, including lived a life of gratitude and desired to 32 undergraduate programs, 4 graduate pro- give glory to God in all that he did. college. grams, 7 education specialist programs; On December 3, 2008, Calvin College Dr. Spoelhof lived a life of gratitude, and de- Whereas in its centennial year, the Univer- lost a visionary leader and wise friend. sired to bring God glory in all he did. On De- sity of Mary Washington conferred more He is to be honored and recognized for cember 3, 2008, the Calvin College commu- than 1,200 master’s and bachelor’s degrees; his outstanding devotion and service as nity lost a visionary leader and wise friend. He Whereas the University of Mary Wash- a member of the military, a Calvin Col- is to be honored and recognized for his out- ington Intercollegiate Athletic Program lege professor, and president and standing devotion and service as a member of sponsors 23 NCAA Varsity Teams, and the student-athletes on these teams have won friend. the military, a Calvin College professor and president and friend. five Individual and Team National Cham- Again, I commend the gentleman pionships, produced 245 All-America Selec- from Michigan for introducing this res- It is with sincere admiration to him, and gratitude to God, that I pay my respects to Dr. tions and more than 100 Academic All-Amer- olution and urge my colleagues to sup- icans, and won more Conference Champion- port it. Spoelhof on a life well lived, and I urge my ships than any other school in the Capital Mr. EHLERS. Mr. Speaker, I rise today in colleagues to join me in doing so. Athletic Conference; and Mr. CASSIDY. I yield back my re- support of House Resolution 91, to honor the Whereas in 2009, the University of Mary maining time. Washington begins a new century of aca- life and service of William Spoelhof, president Mr. POLIS. Mr. Speaker, I yield back emeritus of Calvin College in Grand Rapids, demic excellence, service to the Common- the balance of my time. wealth of Virginia, and leadership to the Michigan. I am honored to represent Calvin The SPEAKER pro tempore. The world in producing people of insight, wisdom, College and am very thankful for its excellent question is on the motion offered by character, and accomplishment: Now, there- education efforts. I am also proud to say that the gentleman from Colorado (Mr. fore, be it I attended Calvin College, and served as a POLIS) that the House suspend the Resolved, That the House of Representa- professor of Physics at Calvin College. rules and agree to the resolution, H. tives congratulates the University of Mary Dr. William Spoelhof was born in 1909 in Washington in Fredericksburg, Virginia, for Res. 91, as amended. more than 100 years of leadership and service Paterson, New Jersey, and passed away on The question was taken; and (two- December 3, 2008, at the age of 98. to the Fredericksburg area, the Common- thirds being in the affirmative) the wealth of Virginia, and the United States. William Spoelhof graduated from Calvin Col- rules were suspended and the resolu- The SPEAKER pro tempore. Pursu- lege in 1931, and began teaching social stud- tion, as amended, was agreed to. ies at the middle school level. In 1937, he re- A motion to reconsider was laid on ant to the rule, the gentleman from ceived his Masters of Arts degree, and began the table. Colorado (Mr. POLIS) and the gen- tleman from California (Mr. MCKEON) his doctoral studies at the University of Michi- f gan. each will control 20 minutes. During World War II, Dr. Spoelhof enlisted CONGRATULATING THE UNIVER- The Chair recognizes the gentleman in the U.S. Navy, and served our country in SITY OF MARY WASHINGTON ON from Colorado. the Office of Strategic Services. He was ITS 100TH ANNIVERSARY GENERAL LEAVE awarded the Bronze Star Medal by the Navy Mr. POLIS. Mr. Speaker, I move to Mr. POLIS. Mr. Speaker, I request 5 for this service. Also, for his contributions in li- suspend the rules and agree to the reso- legislative days during which Members

VerDate Nov 24 2008 23:49 Mar 03, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.015 H03MRPT1 jbell on PROD1PC69 with HOUSE March 3, 2009 CONGRESSIONAL RECORD — HOUSE H2895 may revise and extend and insert ex- institution of higher education that ington. I would like to take this oppor- traneous material on House Resolution links traditions of the republic to inno- tunity to congratulate the University 77 into the RECORD. vations at the leading edge of pedagogy of Mary Washington on its achieve- The SPEAKER pro tempore. Is there and research. Mary Washington has ments over the past century. objection to the request of the gen- one of the leading public liberal arts Initially a small teaching college for tleman from Colorado? colleges in the country, as well as a women, the institution was renamed There was no objection. graduate and professional school. the University of Mary Washington in Mr. POLIS. I yield myself such time The University of Mary Washington honor of Mary Ball Washington, the as I may consume. was originally founded as a women’s mother of President George Wash- Mr. Speaker, I rise today in support college and was designated as the wom- ington and a resident of the First Dis- of House Resolution 77, which cele- en’s college for the University of Vir- trict of Virginia. Currently, the Uni- brates the University of Mary Washing- ginia in 1944. In 1970, Mary Washington versity of Mary Washington has an en- ton’s 100 years of service and leader- College transitioned to a co-edu- rollment of over 5,000 students, offers ship. cational college and was designated 43 degree programs, and consists of two Founded in 1908, the State Normal ‘‘University of Mary Washington’’ in campuses. The main campus is located and Industrial School for Women at 2004 to reflect the inclusion of its grow- in historic Fredericksburg, and the Fredericksburg eventually became ing graduate programs. College of Graduate and Professional what is now known as the University of Located in Fredericksburg, Virginia, Studies is located in Stafford, Virginia. Mary Washington. Beginning with just approximately 4,000 undergraduate stu- The University of Mary Washington 110 students, the school has grown into dents are enrolled at Mary Washing- has been recognized nationally as a a prestigious university worthy of its ton’s main campus, located on Marye’s leading liberal arts college, and the namesake. U.S. News and World Report ranked its Long-standing traditions, combined Heights, which played an important masters programs fourth among south- with rigorous scholarship, enable the role in the 1862 Battle of Fredericks- ern public schools. University of Mary Washington to pro- burg. The University of Mary Washington vide one of the finest liberal arts edu- In addition, approximately 1,000 stu- combines rich traditions with state-of- cations in the Nation. Offering more dents and adults attend the graduate the-art technology to provide one of than 40 undergraduate majors, four and professional school located in near- the best undergraduate liberal arts graduate programs and seven education by Stafford County. Students from 43 educations in the country. It also of- specialist programs, UMW is highly different countries are enrolled in 40 fers a variety of internships and study ranked in every publication. The uni- different majors and programs of study abroad programs that connect students versity is committed to academic ex- at Mary Washington. locally, regionally, nationally and cellence, and according to the ‘‘Fiske The University of Mary Washington internationally. Guide to Colleges,’’ UMW is described is ranked in every major selective I am pleased to recognize the impor- as ‘‘one of the premium or premiere guide publication. It was ranked fourth tant contributions made by the Univer- public liberal arts colleges in the coun- in its class by U.S. News and World Re- sity of Mary Washington to the Fred- try.’’ During its centennial year alone, port, in the top ten nationally in Peace ericksburg region, the Commonwealth, UMW conferred more than 1,200 de- Corps alumni, and has a Pulitzer Prize- and the Nation. I congratulate the Uni- grees. winning poet on the faculty. It was versity of Mary Washington as it cele- With more than 5,000 enrolled stu- listed among Kiplinger’s magazine ‘‘100 brates its 100th anniversary, and I wish dents, the University of Mary Wash- Best Values in Public Colleges in 2009.’’ the university continued success in ington turns out students capable of Mary Washington was also named as providing an outstanding education to extending their classroom knowledge one of the Nation’s best colleges and the students of the Commonwealth and into their communities and the world. universities by the ‘‘Fiske Guide to the Nation. UMW has a strong reputation of serv- Colleges’’ and is said to have ‘‘gained a I urge my colleagues to join me in ice, with 20 alumni currently serving in reputation as one of the premium pub- congratulating the University of Mary the Peace Corps. In fact, for the sixth lic liberal arts colleges in the coun- Washington by supporting House Reso- year in a row, the Peace Corps has try.’’ lution 77. named the university to its annual list Last year, the University of Mary Mr. MCKEON. I yield back the bal- of ‘‘Top Producing Colleges and Univer- Washington celebrated their centennial anniversary. For over 100 years, the ance of my time. sities.’’ The spirit of service has bene- Mr. POLIS. Mr. Speaker, I yield back fited the community and the students university has provided America’s stu- dents with a quality education and op- the balance of my time. well as they prepare to tackle the chal- The SPEAKER pro tempore. The portunity. The institution’s link to lenges of our increasingly globalized question is on the motion offered by both history and innovation has pro- world. the gentleman from Colorado (Mr. vided students with the unique and ir- When the university community POLIS) that the House suspend the replaceable learning environment. came together to celebrate its century rules and agree to the resolution, H. I am happy to join my good friend of existence and achievement last year, Res. 77. and colleague, Representative it renewed its commitment to excel- The question was taken. lence and success. As the university WITTMAN, in congratulating the Uni- The SPEAKER pro tempore. In the looks ahead to its future, may it con- versity of Mary Washington and ask opinion of the Chair, two-thirds being tinue to link its students and its com- my colleagues to support this resolu- in the affirmative, the ayes have it. munity to the great tradition of its tion. Mr. POLIS. Mr. Speaker, on that I past and promise of its future. Mr. MCKEON. Mr. Speaker, I’m demand the yeas and nays. Mr. Speaker, I, again, congratulate happy to yield to the gentleman who The yeas and nays were ordered. the University of Mary Washington and represents the First District of Vir- The SPEAKER pro tempore. Pursu- urge my colleagues to support this res- ginia, who represents the University of ant to clause 8 of rule XX and the olution. Mary Washington, Mr. WITTMAN, for as Chair’s prior announcement, further I reserve the balance of my time. much time as he may consume. proceedings on this motion will be Mr. MCKEON. Mr. Speaker, I yield Mr. WITTMAN. I would like to thank postponed. myself such time as I may consume. the gentleman for yielding. f Mr. Speaker, I rise today in support Mr. Speaker, I rise today in support of House Resolution 77, congratulating of House Resolution 77, honoring the READ ACROSS AMERICA DAY the University of Mary Washington in University of Mary Washington on the Mr. POLIS. Mr. Speaker, I move to Fredericksburg, Virginia, for more occasion of its 100th anniversary. suspend the rules and agree to the reso- than 100 years of service and leadership On March 14, 1908, Virginia Governor lution (H. Res. 146) designating March to the United States. Claude A. Swanson signed legislation 2, 2009, as ‘‘Read Across America Day.’’ The University of Mary Washington that established what eventually be- The Clerk read the title of the resolu- was founded in 1908 and has become an came the University of Mary Wash- tion.

VerDate Nov 24 2008 23:49 Mar 03, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.017 H03MRPT1 jbell on PROD1PC69 with HOUSE H2896 CONGRESSIONAL RECORD — HOUSE March 3, 2009 The text of the resolution is as fol- parents around the world, began writ- nent of their reform efforts. Reports by lows: ing children’s books in 1936 and has the Government Accountability Office, H. RES. 146 since inspired millions of children to the Inspector General and the Center Whereas reading is a basic requirement for embrace the joys of reading through on Education Policy have all found quality education and professional success, such favorites as ‘‘The Cat in the Hat, widespread support for the program and is a source of pleasure throughout life; ‘‘Green Eggs and Ham,’’ and ‘‘Oh the among the States. In one Center on Whereas the people of the United States Places You’ll Go.’’ Education Policy report, 97 percent of must be able to read if the United States is We know from the research that chil- Reading First school districts said that to remain competitive in the global econ- dren exposed to the nature and purpose the program was an important or very omy; of reading before kindergarten become important cause for increases in stu- Whereas Congress, through the No Child Left Behind Act of 2001 (Public Law 107–110) more successful readers. We also know dents’ reading scores. and the Reading First, Early Reading First, that a child who fails at reading is Despite these positive results, the and Improving Literacy Through School Li- more likely to drop out of school. new majority has, over the course of 2 braries programs, has placed great emphasis If the United States is to stay com- years, decreased funding levels by $600 on reading intervention and providing addi- petitive in a global economy, we must million in 2008 and completely elimi- tional resources for reading assistance; and possess these basic requirements for a nated funding for 2009. Individual Whereas more than 50 national organiza- quality education and professional suc- States are beginning to voice their con- tions concerned about reading and education cess. Encouraging children to read is cern over the impact of lost Reading have joined with the National Education As- one of the best tools we can equip our sociation to use March 2 to celebrate reading First funding. In fact, these cuts have and the birth of Theodor Geisel, also known children with to help them become suc- led to such efforts as the Colorado as Dr. Seuss: Now, therefore, be it cessful contributors to the United State Board of Education passing a res- Resolved, That the House of Representa- States. olution expressing its support for Read- tives— I want to thank Representatives ing First model and its concern over (1) honors Theodor Geisel, also known as MARKEY and EHLERS for bringing this the appropriations cut. Dr. Seuss, for his success in encouraging resolution forward, and I encourage my b 1245 children to discover the joy of reading; colleagues to support this resolution. (2) honors the 12th anniversary of Read I reserve the balance of my time. As we rightfully recognize another Across America Day; Mr. MCKEON. Mr. Speaker, I yield Read Across America Day, this Con- (3) encourages parents to read with their children for at least 30 minutes on Read myself such time as I may consume. gress should begin the work of imme- Across America Day in honor of the commit- Mr. Speaker, I rise today in support diately restoring funding for this pro- ment of the House of Representatives to of House Resolution 146 designating gram that provides this Nation’s most building a Nation of readers; and March 2, 2009, as Read Across America disadvantaged students the reading (4) encourages the people of the United Day. This celebration is held each year intervention and additional resources States to observe the day with appropriate on the birthday of author Dr. Seuss. for reading assistance they so des- ceremonies and activities. This year, Read Across America cele- perately need. The SPEAKER pro tempore. Pursu- brates its 10th anniversary, and is also I thank my colleague from Colorado ant to the rule, the gentleman from the 50th anniversary of Dr. Seuss’ most (Ms. MARKEY) for sponsoring this reso- Colorado (Mr. POLIS) and the gen- recognizable work, ‘‘The Cat in the lution. And I ask that all of my col- tleman from California (Mr. MCKEON) Hat.’’ leagues support its passage. each will control 20 minutes. Theodor Geisel, more famously Mr. Speaker, I reserve the balance of The Chair recognizes the gentleman known as Dr. Seuss, is the most be- my time. from Colorado. loved children’s book author of all Mr. POLIS. Mr. Speaker, I am GENERAL LEAVE time. His use of rhyme makes his pleased to recognize the gentlelady Mr. POLIS. Mr. Speaker, I request 5 books an effective tool for teaching from my neighboring district in Colo- legislative days during which Members young children the basic skills they rado (Ms. MARKEY) for 5 minutes. may revise and extend and insert ex- need to be successful and develop a life- Ms. MARKEY of Colorado. I would traneous material on House Resolution long love of reading. Celebrating Dr. like to thank the gentleman from Colo- 146 into the RECORD. Seuss and reading sends a clear mes- rado. The SPEAKER pro tempore. Is there sage to our children that reading is Mr. Speaker, I rise today as an origi- objection to the request of the gen- both fun and important. nal cosponsor of House Resolution 146, tleman from Colorado? In 2001, Congress and President Bush which designates March 2, 2009, as There was no objection. highlighted the importance of reading ‘‘Read Across America Day,’’ and to Mr. POLIS. I yield myself such time by passing the No Child Left Behind urge my colleagues to vote in support as I may consume. Act. Through programs authorized of this legislation. Mr. Speaker, I rise today in support under the act, the Federal Government Yesterday was the 105th anniversary of House Resolution 146, which recog- demonstrated the importance of read- of the birth of Theodor Seuss Geisel— nizes March 2, 2009, as Read Across ing intervention in providing addi- or ‘‘Dr. Seuss,’’ as he is better known America Day and encourages parents tional resources for reading assistance; to generations of children. Between to read to their children for at least 30 most notable was its commitment to 1937 and 1991, Dr. Seuss published more minutes in support of building a Nation the Reading First Program. Once the than 40 books. In fact, one in four of readers. program was implemented, the data American children receive Dr. Seuss as Read Across America Day was initi- quickly showed that Reading First their first book. ated in May of 1998 by the National works. On average, the 26 States with It’s hard to quantify the powerful in- Education Association as a way to cel- early baseline data on reading achieve- vestment in a child’s future the simple ebrate reading. The NEA provides sup- ment increased the percentage of stu- act of reading can be. And as any par- port to parents and teachers to keep dents meeting or exceeding proficiency ent will tell you, our most treasured their children reading all year long on fluency outcome measures. Among memories of our children lie in the pre- through activities such as the Cat-A- Wisconsin first graders, reading flu- cious moments before bedtime, care- Van. The Cat-A-Van travels across the ency proficiency increased by nearly 28 fully making our way through books country bringing the gift of reading to percent for economically disadvan- that we hope will capture our son or school children. The Cat-A-Van do- taged students, more than 30 percent daughter’s imagination and attention. nates 20,000 books to children in need. for limited English proficient students, In fact, reading together can serve as The NEA celebrates Read Across nearly 22 percent for students with dis- childhood’s best mile marker as simple America Day on Dr. Seuss’ birthday abilities, more than 22 percent for Afri- lessons of ‘‘Green Eggs and Ham’’ give every year to honor a man who con- can American students, and nearly 23 way to the more complicated worlds of tributed tremendously to children’s lit- percent for Hispanic students. Nancy Drew and Harry Potter. It is as eracy. Theodor Geisel, better known as States saw this improvement and if a parent can see the very foundation Dr. Seuss by millions of children and made Reading First an integral oppo- of a child’s mind take root and grow.

VerDate Nov 24 2008 23:49 Mar 03, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.019 H03MRPT1 jbell on PROD1PC69 with HOUSE March 3, 2009 CONGRESSIONAL RECORD — HOUSE H2897 Dr. Seuss was one of the first to un- The question was taken. sisting of a consortium of local agencies and derstand how a small spark of imagina- The SPEAKER pro tempore. In the organizations working to reduce gang vio- tion early in life can lend itself in later opinion of the Chair, two-thirds being lence by empowering change in individuals and communities; years to great discovery and politics. in the affirmative, the ayes have it. Whereas, in the fall of 2008, Coach Pete ‘‘The Cat in the Hat’’ was originally Mr. POLIS. Mr. Speaker, I object to Carroll helped organize ‘‘LA Live Peace 08’’, commissioned in 1955 after it was found the vote on the ground that a quorum a march and rally at the Coliseum to pro- that children were being held back by is not present and make the point of mote gang intervention and non-violence in boring books. Theodor Geisel intro- order that a quorum is not present. Los Angeles; duced our kids to Marvin K. Mooney, The SPEAKER pro tempore. Pursu- Whereas the annual Rose Bowl is the old- to the Grinch, and to Cindy Lou Who, ant to clause 8 of rule XX and the est of all college bowl games, and its history to Sam, who would not eat green eggs Chair’s prior announcement, further and prestige have earned it the title ‘‘The Granddaddy of Them All’’; and ham, to the Yooks and the Zooks, proceedings on this motion will be Whereas USC has played in the Rose Bowl who battled over which side of bread postponed. on 33 occasions and won 24 times, both the butter is properly applied. The point of no quorum is considered records exceeding any other collegiate foot- It is easy, in these times that we find withdrawn. ball program; Whereas, during the 2009 Rose Bowl game, ourselves in, to forget how important f it is that simple lessons endure. Even quarterback Mark Sanchez passed for a game in the midst of these times, parents COMMENDING THE UNIVERSITY OF second-best 413 yards, a game record-tying 4 touchdown passes, and ran for a touchdown; must remember to read to their chil- SOUTHERN CALIFORNIA ON ITS 2009 ROSE BOWL VICTORY Whereas Sanchez’s efforts resulted in him dren. And we must remember that it is being named the Offensive Most Valuable often the lessons found in children’s Mr. POLIS. Mr. Speaker, I move to Player of the game; literature that mean the most later in suspend the rules and agree to the reso- Whereas, during the 2009 Rose Bowl game, life. After all, C.S. Lewis told us in the lution (H. Res. 153) commending the linebacker Kaluka Maiava made 4 tackles Chronicles of Narnia, ‘‘For this is what University of Southern California Tro- and 2 pass breakups, and he was named the it means to be king: to be the first in jan football team for its victory in the Defensive Most Valuable Player of the game; Whereas with linebacker Kaluka Maiava every desperate attack and last in 2009 Rose Bowl. taking home Defensive MVP honors, each every desperate retreat. And when The Clerk read the title of the resolu- linebacker in USC’s starting lineup has now there is hunger in the land (as must be tion. been named defensive MVP of the Rose Bowl now and then in bad years) to wear The text of the resolution is as fol- (Kaluka Maiava in 2009, Rey Maualuga in finer cloths and laugh louder over a lows: 2008, and Brian Cushing in 2007); and Whereas, under the leadership of USC’s scantier meal than any man in your H. RES. 153 10th president, Steven B. Sample, USC has land.’’ And Dumbledore told us: ‘‘There Whereas the University of Southern Cali- are all kinds of courage. It takes a established itself as a world-class research fornia (USC) Trojan football team achieved university, known for its leadership in the great deal of courage to stand up to our many historic accomplishments during the fields of communication, media, public diplo- enemies, but just as much to stand up 2008 regular season; macy, the sciences, and the arts: Now, there- to our friends.’’ Whereas the USC Trojan football team has fore, be it Behind all those who struggle to now won more Rose Bowls than any other Resolved, That the House of Representa- achieve and endure lies a parent or a team in the Nation; tives— teacher who took the time to attend to Whereas USC has achieved its seventh (1) commends the University of Southern straight top 5 finish; a child’s earliest education. Some of California (USC) Trojan football team and Whereas USC achieved an unprecedented USC President Steven B. Sample for USC’s the happiest moments in my life were seventh consecutive season of at least 11 or victory in the 2009 Rose Bowl; spent cuddled up with Katie, Erin and more victories; (2) applauds Coach Pete Carroll for his Al—my three kids, who seem to be rac- Whereas USC was invited to make an un- leadership not only on the football field, but ing towards adulthood with uncommon precedented seventh consecutive Bowl Cham- also in the community; and speed—reading our favorite books. pionship Series appearance; (3) recognizes the achievements of the They are moments I would not trade Whereas USC won an unprecedented sev- players, coaches, students, alumni, and staff for anything in the world. enth consecutive Pacific–10 (Pac–10) Con- who were instrumental in helping the Uni- ference championship; versity of Southern California win the Rose So please vote ‘‘yes’’ on House Reso- Whereas USC has become the first school lution 146 and remember the words of Bowl. to win 3 consecutive Rose Bowls; The SPEAKER pro tempore. Pursu- Dr. Seuss: ‘‘You have brains in your Whereas USC has appeared in a record- head. You have feet in your shoes. And tying fourth consecutive Rose Bowl; ant to the rule, the gentleman from you can steer yourself in any direction Whereas USC is now tied with the record Colorado (Mr. POLIS) and the gen- you choose. You’re on your own. You for most bowl victories of all time; tleman from California (Mr. MCKEON) know what you know. You’re the guy Whereas USC has won 86 of its last 96 each will control 20 minutes. The Chair recognizes the gentleman who’ll decide where you go.’’ games; Whereas with USC’s 2009 Rose Bowl vic- from Colorado. Mr. MCKEON. Mr. Speaker, I yield tory, the Pac–10 Conference finished a per- myself the balance of my time. GENERAL LEAVE fect 5 and 0 in post-season bowl appearances; Mr. POLIS. Mr. Speaker, I request 5 I am in strong support of Resolution Whereas, during the 2008 season, USC’s de- 146. I urge all of my colleagues to sup- legislative days during which Members fense was ranked number one in the Nation, may revise and extend and insert ex- port it. It’s saddening to me, though, holding opponents to just over 221 yards per traneous material on H. Res. 153 into that at this time, when we are talking game; the RECORD. about reading and the importance of Whereas, during the 2008 season, USC fea- tured 3 All-American first team players The SPEAKER pro tempore. Is there reading, how an administration that is objection to the request of the gen- spending so freely will continue to cut (linebackers Rey Maualuga, Brian Cushing, and safety Taylor Mays); tleman from Colorado? funds from a program that works very Whereas USC will feature 5 players in the There was no objection. well for our young people to give them Under Armour Senior Bowl game held in Mo- Mr. POLIS. Mr. Speaker, I yield my- the reading first opportunity that they bile, Alabama (linebackers Rey Maualuga, self as much time as I may consume. so deserve. Brian Cushing, and Clay Matthews, and de- Mr. Speaker, I rise today to con- Mr. Speaker, I yield back the balance fensive linemen Fili Moala and Kyle Moore); gratulate the University of Southern of my time. Whereas USC head football coach Pete Car- California Trojan football team for Mr. POLIS. Mr. Speaker, I yield back roll is 88 and 15 (85.4 percent) in 8 years (2001 their victory in the 2009 NCAA Rose the balance of my time. to 2008) as a college head coach at USC, his Bowl game. The SPEAKER pro tempore. The record is the best winning percentage of any On January 1, the USC Trojans and question is on the motion offered by current NCAA Division I coach with at least 5 years of experience; the Penn State Lions squared off for an the gentleman from Colorado (Mr. Whereas Coach Pete Carroll was featured intense Rose Bowl football game. De- POLIS) that the House suspend the on CBS’s ‘‘60 Minutes’’, not only for his foot- feating the tough Lions team by a rules and agree to the resolution, H. ball accomplishments but for his work with score of 38–24, the USC Trojans won Res. 146. ‘‘A Better L.A.’’, a nonprofit group con- their third consecutive championship.

VerDate Nov 24 2008 23:49 Mar 03, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.021 H03MRPT1 jbell on PROD1PC69 with HOUSE H2898 CONGRESSIONAL RECORD — HOUSE March 3, 2009 USC has played in a record-tying four tories. They appeared in an unprece- They have also won 11 or more games consecutive Rose Bowls. And now, USC dented seventh consecutive Bowl in seven straight seasons, another is tied for the most Bowl victories of championship series game. Then the record, and have played in four all time at 31 victories. They have been team won an unparalleled seventh con- straight Rose Bowls, winning three. to the Rose Bowl on 33 occasions and secutive Pac-10 title, and achieved a The success of this team can be di- won 24 of those games. seven straight Top 5 finish. rectly attributed to the vision of its Winning 86 of its last 96 games and USC defeated Penn State by a score head coach, Pete Carroll. Coach Carroll finishing the season with an impressive of 38–24 in the 2009 Rose Bowl game, brought big doses of experience, enthu- 12–1 record, USC stands out as a pre- and I was there to witness it. With the siasm, and leadership in his quest to miere academic and athletic institu- win, USC became the first team to win revive the USC football program when tion. They have won seven consecutive three consecutive Rose Bowls. Also, he was named the Trojans’ head foot- Pac-10 conference championships. With USC has won now more Rose Bowls ball coach on December 15, 2000. The 56- all the amazing teams across the coun- than any other collegiate football team year-old Carroll has 33 years of NFL try, USC sets themselves apart with in the Nation. They are now tied for and college experience, including 15 on their athletic success. the record for the most Bowl victories the college level. Under Carroll USC is Congratulations are in order for of all time. the first school to have three Heisman Mark Sanchez, the game’s Offensive USC’s coach, Pete Carroll, completed Trophy winners in a 4-year span. In ad- Most Valuable Player. He threw for 413 yet another successful season. Since dition, Coach Carroll has produced 30 yards and four touchdowns, and he still becoming head football coach in 2001, All-American first teamers and 42 NFL found a way to rush for one touchdown. Carroll is 88 and 15, an average 85.4 per- draft picks, and his last six recruiting He ran the offense flawlessly, with no cent win. Coach Carroll’s winning per- classes have been ranked in the top 10 interceptions, while posting 24 unan- centage is the best among any NCAA nationally. swered points in the second quarter, Division I coach with at least 5 years of While the tradition of excellence cer- leading to a 38–24 victory. experience. tainly presents itself on the gridiron, Congratulations are also in order for USC’s quarterback, Mark Sanchez, the University of Southern California’s Kaluka Maiava, the game’s Defensive threw for 413 yards and a record-tying commitment to academic excellence is Most Valuable Player. Mr. Maiava four touchdown passes. For his per- equally abundant. Located in Los An- made four tackles and two pass break- formance, Sanchez was named the Of- geles, Ms. WATSON’s district, a global ups. As one of the three elite USC line- fensive Most Valuable Player of the center for arts, technology, and inter- backers, Kaluka Maiava has led USC’s game. national trade, the University of number one ranked defense this entire USC’s linebacker, Kaluka Maiava, Southern California is one of the season. made four tackles and two pass break- world’s leading private research uni- I want to extend my congratulations ups. For his performance, Maiava was versities. USC enrolls more inter- national students than any other U.S. to head coach Pete Carroll. He has only named the Defensive Most Valuable university and offers extensive oppor- brought success to this program; he Player of the game. tunities for internships and study took over 8 years ago. Coach Carroll Mr. Speaker, I urge my colleagues to abroad. With a strong tradition of inte- has established an 88–15 win-loss record support H. Res. 153. Let’s recognize the grating liberal and professional edu- at USC—the best winning percentage of achievements of the players, the coach- cation, USC fosters a vibrant culture of any current NCAA Division I coach es, the students, the alumni and staff public service and encourages students with at least 5 years experience. who were instrumental in helping USC to cross academic and geographic Besides coaching, Coach Carroll win the 2009 Rose Bowl. works with non-profit organizations to boundaries in their pursuit of knowl- b 1300 reduce gang violence in Los Angeles, edge. California. His leadership and commit- I would like to thank my colleague I extend my congratulations to Head ment to his team and city have for yielding to me. Coach Pete Carroll, all of the hard- brought him fame and a place in col- Mr. MCKEON. Mr. Speaker, I yield working players, the fans, and to the lege football history. myself such time as I may consume. University of Southern California. I’m The extraordinary achievement this Mr. Speaker, I rise today in support happy to join my good friend and col- year is a tribute to the skill and dedi- of House Resolution 153, commending league Representative DIANE WATSON cation of the many players, coaches, the University of Southern California in honoring this exceptional team for students, alumni, families and fans Trojan football team for its victory in all its accomplishments and wish all that have helped make the University the 2009 Rose Bowl. involved continued success. I ask my colleagues to support this of California a great football program. The USC Trojan football team achieved many historic accomplish- resolution. I know the fans of the University will Mr. Speaker, I yield back the balance revel in this accomplishment as they ments during the 2008 regular season but few as meaningful as its victory in of my time. look forward to the 2009 season. Mr. POLIS. Mr. Speaker, I yield back the 2009 Rose Bowl. With this victory Mr. Speaker, once again, I congratu- the balance of my time. late the University of Southern Cali- the USC Trojans have now won more The SPEAKER pro tempore. The fornia football team for their success. Rose Bowls than any other team in the question is on the motion offered by And I thank Congresswoman WATSON Nation. the gentleman from Colorado (Mr. Known as ‘‘The Granddaddy of Them for bringing this resolution forward. POLIS) that the House suspend the Mr. Speaker, I am pleased to recog- All,’’ the Rose Bowl game kicked off a rules and agree to the resolution, H. nize the gentlelady from California myriad of college football legacies in Res. 153. (Ms. WATSON) for 5 minutes. 1902. Since then the game has show- The question was taken. Ms. WATSON. Mr. Speaker, I thank cased 18 Heisman Trophy winners, pro- The SPEAKER pro tempore. In the my two colleagues for allowing me this duced 28 national champions, featured opinion of the Chair, two-thirds being time, and I rise in strong support of H. 197 consensus All-Americans, and hon- in the affirmative, the ayes have it. Res. 153. This is the resolution that is ored 95 college football legends by in- Mr. POLIS. Mr. Speaker, I object to honoring the University of Southern ducting them into the Rose Bowl Hall the vote on the ground that a quorum California—‘‘USC,’’ as we call it in my of Fame. is not present and make the point of district—Trojan football team for their At the conclusion of the 2008 season, order that a quorum is not present. historic 2009 Rose Bowl victory. USC’s football team has won seven The SPEAKER pro tempore. Pursu- During the 2008–2009 season, USC straight conference championships and ant to clause 8 of rule XX and the achieved several historic feats, with played in seven consecutive BCS bowls, Chair’s prior announcement, further seven being the magic number. The both NCAA records. They are 6–1 in proceedings on this motion will be Trojan football team finished the sea- those big games, 5–0 against Big Ten postponed. son with an unmatched seventh con- teams such as Penn State, and 82–9 The point of no quorum is considered secutive season with 11 or more vic- since the beginning of the 2002 season. withdrawn.

VerDate Nov 24 2008 23:49 Mar 03, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.023 H03MRPT1 jbell on PROD1PC69 with HOUSE March 3, 2009 CONGRESSIONAL RECORD — HOUSE H2899 RECESS Butterfield Harper Meek (FL) Smith (NE) Thompson (PA) Watson Buyer Hastings (FL) Meeks (NY) Smith (NJ) Thornberry Watt The SPEAKER pro tempore. Pursu- Calvert Hastings (WA) Melancon Smith (TX) Tiberi Waxman ant to clause 12(a) of rule I, the Chair Camp Heinrich Mica Smith (WA) Tierney Weiner declares the House in recess subject to Cantor Heller Michaud Souder Titus Welch Cao Hensarling Miller (FL) Space Tonko the call of the Chair. Westmoreland Capito Herger Miller (MI) Spratt Towns Wexler Accordingly (at 1 o’clock and 5 min- Capps Herseth Sandlin Miller (NC) Stearns Tsongas Whitfield Stupak Turner utes p.m.), the House stood in recess Capuano Higgins Miller, George Wilson (OH) Sullivan Upton Cardoza Hill Minnick Wilson (SC) subject to the call of the Chair. Carnahan Himes Mitchell Sutton Van Hollen Wittman Carney Hinchey Mollohan Tanner Vela´ zquez f Wolf Carson (IN) Hinojosa Moore (KS) Tauscher Visclosky Woolsey Carter Hirono Moore (WI) Taylor Walden b 1531 Wu Cassidy Hodes Moran (KS) Teague Walz Yarmuth AFTER RECESS Castle Hoekstra Moran (VA) Terry Wamp Castor (FL) Holden Murphy (CT) Thompson (CA) Wasserman Young (AK) The recess having expired, the House Chandler Holt Murphy, Patrick Thompson (MS) Schultz was called to order by the Speaker pro Childers Honda Murphy, Tim NAYS—13 Clay Hoyer Murtha ACKSON EE tempore (Ms. J -L of Texas) at Cleaver Hunter Myrick Broun (GA) Jenkins Royce 3 o’clock and 31 minutes p.m. Clyburn Inglis Nadler (NY) Chaffetz Lummis Shadegg Coble Inslee Napolitano Duncan Manzullo Tiahrt f Coffman (CO) Israel Neal (MA) Flake Paul Franks (AZ) Rohrabacher ANNOUNCEMENT BY THE SPEAKER Cohen Issa Neugebauer Cole Jackson (IL) Nunes NOT VOTING—24 PRO TEMPORE Conaway Jackson-Lee Nye Connolly (VA) (TX) Oberstar Baca Fudge Putnam The SPEAKER pro tempore. Pursu- Conyers Johnson (IL) Obey Brown, Corrine Johnson (GA) Richardson ant to clause 8 of rule XX, proceedings Cooper Johnson, E. B. Olson Buchanan Kaptur Ros-Lehtinen will resume on motions to suspend the Costa Johnson, Sam Olver Campbell King (IA) Snyder rules previously postponed. Costello Jones Ortiz Clarke Lee (CA) Speier Courtney Jordan (OH) Pallone Edwards (MD) Lewis (GA) Stark Votes will be taken in the following Crenshaw Kagen Pascrell Ehlers Miller, Gary Waters order: Crowley Kanjorski Pastor (AZ) Ellison Perriello Young (FL) H.R. 146, de novo; Cuellar Kennedy Paulsen b 1559 H.R. 548, de novo; Culberson Kildee Payne Cummings Kilpatrick (MI) Pence Ms. JENKINS and Messrs. TIAHRT, H. Res. 77, by the yeas and nays. Dahlkemper Kilroy Perlmutter Proceedings will resume on H. Res. Davis (AL) Kind Peters DUNCAN, FRANKS of Arizona, 146 and H. Res. 153 tomorrow. Davis (CA) King (NY) Peterson ROYCE, and ROHRABACHER changed The first electronic vote will be con- Davis (IL) Kingston Petri their vote from ‘‘yea’’ to ‘‘nay.’’ Davis (KY) Kirk Pingree (ME) ducted as a 15-minute vote. Remaining Davis (TN) Kirkpatrick (AZ) Pitts Mr. SHUSTER changed his vote from electronic votes will be conducted as 5- Deal (GA) Kissell Platts ‘‘nay’’ to ‘‘yea.’’ minute votes. DeFazio Klein (FL) Poe (TX) So (two-thirds being in the affirma- DeGette Kline (MN) Polis (CO) tive) the rules were suspended and the f Delahunt Kosmas Pomeroy DeLauro Kratovil Posey bill, as amended, was passed. REVOLUTIONARY WAR AND WAR Dent Kucinich Price (GA) The result of the vote was announced OF 1812 BATTLEFIELD PROTEC- Diaz-Balart, L. Lamborn Price (NC) as above recorded. Diaz-Balart, M. Lance Radanovich The title of the bill was amended so TION ACT Dicks Langevin Rahall as to read: ‘‘A bill to establish a battle- The SPEAKER pro tempore. The un- Dingell Larsen (WA) Rangel Doggett Larson (CT) Rehberg field acquisition grant program for the finished business is the question on Donnelly (IN) Latham Reichert acquisition and protection of nation- suspending the rules and passing the Doyle LaTourette Reyes ally significant battlefields and associ- bill, H.R. 146, as amended. Dreier Latta Rodriguez ated sites of the Revolutionary War The Clerk read the title of the bill. Driehaus Lee (NY) Roe (TN) Edwards (TX) Levin Rogers (AL) and the War of 1812, and for other pur- The SPEAKER pro tempore. The Ellsworth Lewis (CA) Rogers (KY) poses.’’. question is on the motion offered by Emerson Linder Rogers (MI) A motion to reconsider was laid on the gentleman from New Jersey (Mr. Engel Lipinski Rooney Eshoo LoBiondo Roskam the table. HOLT) that the House suspend the rules Etheridge Loebsack Ross Stated for: and pass the bill, H.R. 146, as amended. Fallin Lofgren, Zoe Rothman (NJ) The question was taken. Farr Lowey Roybal-Allard Mr. KING of Iowa. Madam Speaker, on roll- The SPEAKER pro tempore. In the Fattah Lucas Ruppersberger call No. 91, I was not present because of the Filner Luetkemeyer Rush opinion of the Chair, two-thirds being birth of my grandson. Had I been present, I Fleming Luja´ n Ryan (OH) would have voted ‘‘yea.’’ in the affirmative, the ayes have it. Forbes Lungren, Daniel Ryan (WI) Mr. PERLMUTTER. Madam Speaker, Fortenberry E. Salazar f ´ on that I demand the yeas and nays. Foster Lynch Sanchez, Linda Foxx Mack T. CIVIL WAR BATTLEFIELD The yeas and nays were ordered. Frank (MA) Maffei Sanchez, Loretta PRESERVATION ACT OF 2009 The vote was taken by electronic de- Frelinghuysen Maloney Sarbanes vice, and there were—yeas 394, nays 13, Gallegly Marchant Scalise The SPEAKER pro tempore. The un- Garrett (NJ) Markey (CO) Schakowsky finished business is the question on not voting 24, as follows: Gerlach Markey (MA) Schauer [Roll No. 91] Giffords Marshall Schiff suspending the rules and passing the Gingrey (GA) Massa Schmidt bill, H.R. 548, as amended. YEAS—394 Gohmert Matheson Schock The Clerk read the title of the bill. Abercrombie Barton (TX) Bonner Gonzalez Matsui Schrader Ackerman Bean Bono Mack Goodlatte McCarthy (CA) Schwartz The SPEAKER pro tempore. The Aderholt Becerra Boozman Gordon (TN) McCarthy (NY) Scott (GA) question is on the motion offered by Adler (NJ) Berkley Boren Granger McCaul Scott (VA) the gentleman from New Jersey (Mr. Akin Berman Boswell Graves McClintock Sensenbrenner HOLT) that the House suspend the rules Alexander Berry Boucher Grayson McCollum Serrano Altmire Biggert Boustany Green, Al McCotter Sessions and pass the bill, H.R. 548, as amended. Andrews Bilbray Boyd Green, Gene McDermott Sestak The question was taken. Arcuri Bilirakis Brady (PA) Griffith McGovern Shea-Porter The SPEAKER pro tempore. In the Austria Bishop (GA) Brady (TX) Grijalva McHenry Sherman Bachmann Bishop (NY) Braley (IA) Guthrie McHugh Shimkus opinion of the Chair, two-thirds being Bachus Bishop (UT) Bright Gutierrez McIntyre Shuler in the affirmative, the ayes have it. Baird Blackburn Brown (SC) Hall (NY) McKeon Shuster Mr. HASTINGS of Florida. Madam Baldwin Blumenauer Brown-Waite, Hall (TX) McMahon Simpson Speaker, on that I demand the yeas Barrett (SC) Blunt Ginny Halvorson McMorris Sires Barrow Boccieri Burgess Hare Rodgers Skelton and nays. Bartlett Boehner Burton (IN) Harman McNerney Slaughter The yeas and nays were ordered.

VerDate Nov 24 2008 23:49 Mar 03, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.026 H03MRPT1 jbell on PROD1PC69 with HOUSE H2900 CONGRESSIONAL RECORD — HOUSE March 3, 2009 The SPEAKER pro tempore. This is a Moore (WI) Rogers (KY) Stupak The Clerk read the title of the resolu- 5-minute vote. Moran (KS) Rogers (MI) Sullivan tion. Moran (VA) Rooney Sutton The vote was taken by electronic de- Murphy (CT) Roskam Tanner The SPEAKER pro tempore. The vice, and there were—yeas 402, nays 13, Murphy, Patrick Ross Tauscher question is on the motion offered by not voting 16, as follows: Murphy, Tim Rothman (NJ) Taylor the gentleman from Colorado (Mr. Murtha Roybal-Allard [Roll No. 92] Teague POLIS) that the House suspend the Myrick Ruppersberger Terry Nadler (NY) Rush YEAS—402 Thompson (CA) rules and agree to the resolution, H. Napolitano Ryan (OH) Thompson (MS) Res. 77. Abercrombie Dahlkemper Jackson-Lee Neal (MA) Ryan (WI) Ackerman Davis (AL) (TX) Neugebauer Salazar Thompson (PA) This is a 5-minute vote. Aderholt Davis (CA) Johnson (GA) Nunes Sa´ nchez, Linda Thornberry The vote was taken by electronic de- Adler (NJ) Davis (IL) Johnson (IL) Nye T. Tiberi vice, and there were—yeas 414, nays 0, Akin Johnson, E. B. Tierney Davis (KY) Oberstar Sanchez, Loretta not voting 17, as follows: Alexander Davis (TN) Johnson, Sam Obey Sarbanes Titus Altmire Deal (GA) Jones Olson Scalise Tonko [Roll No. 93] Andrews Jordan (OH) DeFazio Olver Schakowsky Towns YEAS—414 Arcuri DeGette Kagen Ortiz Schauer Tsongas Austria Delahunt Kanjorski Pallone Schiff Turner Abercrombie Connolly (VA) Heller Bachmann DeLauro Kaptur Pascrell Schmidt Upton Ackerman Conyers Hensarling Bachus Dent Kennedy Pastor (AZ) Schock Van Hollen Aderholt Cooper Herger Baird Diaz-Balart, L. Kildee Paulsen Schrader Vela´ zquez Adler (NJ) Costa Herseth Sandlin Baldwin Diaz-Balart, M. Kilpatrick (MI) Payne Schwartz Visclosky Akin Costello Higgins Barrett (SC) Kilroy Alexander Courtney Hill Dicks Pence Scott (GA) Walden Barrow Kind Altmire Crenshaw Himes Dingell Peters Scott (VA) Walz Bartlett King (NY) Andrews Crowley Hinchey Doggett Peterson Sensenbrenner Wamp Barton (TX) Kingston Arcuri Cuellar Hinojosa Donnelly (IN) Petri Serrano Wasserman Bean Kirk Austria Culberson Hirono Doyle Pingree (ME) Sessions Schultz Becerra Kirkpatrick (AZ) Bachmann Cummings Hodes Dreier Pitts Sestak Waters Berkley Driehaus Kissell Platts Shea-Porter Bachus Dahlkemper Hoekstra Berman Klein (FL) Watson Baird Davis (AL) Holden Edwards (MD) Poe (TX) Sherman Watt Berry Kline (MN) Polis (CO) Shimkus Baldwin Davis (CA) Holt Edwards (TX) Waxman Biggert Ellsworth Kosmas Pomeroy Shuler Barrett (SC) Davis (IL) Honda Weiner Bilbray Emerson Kratovil Posey Shuster Barrow Davis (KY) Hoyer Welch Bilirakis Engel Kucinich Price (GA) Simpson Bartlett Davis (TN) Hunter Westmoreland Bishop (GA) Eshoo Lamborn Price (NC) Sires Barton (TX) Deal (GA) Inglis Wexler Bishop (NY) Etheridge Lance Radanovich Skelton Bean DeFazio Inslee Whitfield Bishop (UT) Fallin Langevin Rahall Slaughter Becerra DeGette Israel Blackburn Farr Larsen (WA) Rangel Smith (NE) Wilson (OH) Berkley Delahunt Issa Blumenauer Berman Fattah Larson (CT) Rehberg Smith (NJ) Wilson (SC) DeLauro Jackson (IL) Blunt Latham Berry Dent Jackson-Lee Filner Reichert Smith (TX) Wittman Boccieri LaTourette Biggert Diaz-Balart, L. (TX) Fleming Reyes Smith (WA) Wolf Boehner Latta Bilbray Diaz-Balart, M. Jenkins Forbes Richardson Souder Woolsey Bonner Lee (CA) Bilirakis Dicks Johnson (GA) Fortenberry Rodriguez Space Wu Bono Mack Lee (NY) Bishop (GA) Dingell Johnson (IL) Foster Roe (TN) Spratt Yarmuth Boozman Levin Bishop (NY) Doggett Johnson, E. B. Foxx Rogers (AL) Stearns Young (AK) Boren Lewis (CA) Bishop (UT) Donnelly (IN) Johnson, Sam Frank (MA) Boswell Lewis (GA) NAYS—13 Blackburn Doyle Jones Frelinghuysen Boucher Linder Blumenauer Dreier Jordan (OH) Fudge Broun (GA) Jenkins Royce Boustany Lipinski Blunt Driehaus Kagen Gallegly Chaffetz Lummis Shadegg Boyd LoBiondo Boccieri Duncan Kanjorski Duncan Manzullo Tiahrt Brady (PA) Garrett (NJ) Loebsack Boehner Edwards (MD) Kaptur Gerlach Flake Paul Brady (TX) Lofgren, Zoe Franks (AZ) Rohrabacher Bonner Edwards (TX) Kennedy Braley (IA) Giffords Lowey Bono Mack Ellsworth Kildee Bright Gingrey (GA) Lucas NOT VOTING—16 Boozman Emerson Kilpatrick (MI) Gohmert Brown (SC) Luetkemeyer Baca King (IA) Snyder Boren Engel Kilroy Brown-Waite, Gonzalez Luja´ n Boswell Eshoo Kind Brown, Corrine Miller, Gary Speier Ginny Goodlatte Lungren, Daniel Boucher Etheridge King (NY) Gordon (TN) Buchanan Perlmutter Stark Burgess E. Campbell Perriello Boustany Fallin Kingston Burton (IN) Granger Lynch Young (FL) Boyd Farr Kirk Graves Ehlers Putnam Butterfield Mack Ellison Ros-Lehtinen Brady (PA) Fattah Kirkpatrick (AZ) Buyer Grayson Maffei Brady (TX) Filner Kissell Calvert Green, Al Maloney b 1609 Braley (IA) Flake Klein (FL) Camp Green, Gene Marchant Bright Fleming Kline (MN) Cantor Griffith Markey (CO) Mrs. MALONEY changed her vote Broun (GA) Forbes Kosmas Cao Grijalva Markey (MA) from ‘‘nay’’ to ‘‘yea.’’ Brown (SC) Fortenberry Kratovil Capito Guthrie Marshall So (two-thirds being in the affirma- Brown-Waite, Foster Kucinich Capps Gutierrez Massa Ginny Foxx Lamborn Capuano Hall (NY) Matheson tive) the rules were suspended and the Burgess Frank (MA) Lance Cardoza Hall (TX) Matsui bill, as amended, was passed. Burton (IN) Franks (AZ) Langevin Carnahan Halvorson McCarthy (CA) The result of the vote was announced Butterfield Frelinghuysen Larsen (WA) Carney Hare McCarthy (NY) as above recorded. Buyer Fudge Larson (CT) Carson (IN) Harman McCaul Calvert Gallegly Latham Carter Harper McClintock A motion to reconsider was laid on Camp Garrett (NJ) LaTourette Cassidy Hastings (FL) McCollum the table. Cantor Gerlach Latta Castle Hastings (WA) McCotter Stated for: Cao Giffords Lee (CA) Castor (FL) Heinrich McDermott Mr. KING of Iowa. Madam Speaker, on roll- Capito Gingrey (GA) Lee (NY) Chandler Heller McGovern Capps Gohmert Levin Childers Hensarling McHenry call No. 92, I was not present because of the Capuano Gonzalez Lewis (CA) Clarke Herger McHugh birth of my grandson. Had I been present, I Cardoza Goodlatte Lewis (GA) Clay Herseth Sandlin McIntyre would have voted ‘‘yea.’’ Carnahan Gordon (TN) Linder Cleaver Higgins McKeon Carney Granger Lipinski Clyburn Hill McMahon Mr. PERLMUTTER. Madam Speaker, on Carson (IN) Graves LoBiondo Coble Himes McMorris rollcall No. 92, I was unavoidably detained; Carter Grayson Loebsack Coffman (CO) Hinchey Rodgers otherwise I would have voted ‘‘yes’’ on the Cassidy Green, Al Lofgren, Zoe Cohen Hinojosa McNerney Civil War Battlefield Preservation Act. Castle Green, Gene Lowey Cole Hirono Meek (FL) Castor (FL) Griffith Lucas Conaway Hodes Meeks (NY) f Chaffetz Grijalva Luetkemeyer Connolly (VA) Hoekstra Melancon Chandler Guthrie Luja´ n Conyers Holden Mica CONGRATULATING THE UNIVER- Childers Gutierrez Lummis Cooper Holt Michaud SITY OF MARY WASHINGTON ON Clarke Hall (NY) Lungren, Daniel Costa Honda Miller (FL) ITS 100TH ANNIVERSARY Clay Hall (TX) E. Costello Hoyer Miller (MI) Cleaver Halvorson Lynch Courtney Hunter Miller (NC) The SPEAKER pro tempore. The un- Clyburn Hare Mack Crenshaw Inglis Miller, George finished business is the vote on the mo- Coble Harman Maffei Crowley Inslee Minnick tion to suspend the rules and agree to Coffman (CO) Harper Maloney Cuellar Israel Mitchell Cohen Hastings (FL) Manzullo Culberson Issa Mollohan the resolution, H. Res. 77, on which the Cole Hastings (WA) Marchant Cummings Jackson (IL) Moore (KS) yeas and nays were ordered. Conaway Heinrich Markey (CO)

VerDate Nov 24 2008 23:49 Mar 03, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.032 H03MRPT1 jbell on PROD1PC69 with HOUSE March 3, 2009 CONGRESSIONAL RECORD — HOUSE H2901 Markey (MA) Perlmutter Shuler notify the House of my intention to Resolved, That (a) the Committee on Stand- Marshall Peters Shuster offer a resolution as a question of the ards of Official Conduct, or an investigative Massa Peterson Simpson subcommittee of the committee established Matheson Petri Sires privileges of the House. Matsui Pingree (ME) Skelton The form of my resolution is as fol- jointly by the chair and ranking minority McCarthy (CA) Pitts Slaughter lows: member shall immediately begin an inves- McCarthy (NY) Platts Smith (NE) tigation into the relationship between ear- McCaul Poe (TX) Smith (NJ) Whereas The Hill reported on February 10, mark requests on behalf of clients of the McClintock Polis (CO) Smith (TX) 2009, that ‘‘a top defense-lobbying firm’’ that raided firm already made by Members and McCollum Pomeroy Smith (WA) ‘‘specializes in obtaining earmarks in the de- the source and timing of past campaign con- McCotter Posey Souder fense budget for a long list of clients’’ was tributions related to such requests. McDermott Price (GA) Space ‘‘recently raided by the FBI.’’; (b) The Committee on Standards of Official McGovern Price (NC) Spratt Whereas Roll Call reported on February 11, McHugh Radanovich Stearns Conduct shall submit a report of its findings 2009, that ‘‘the defense-appropriations-fo- to the House of Representatives within 2 McIntyre Rahall Stupak cused lobbying shop’’ had in recent years McKeon Rangel Sullivan months after the date of adoption of this res- McMahon Rehberg Sutton ‘‘spread millions of dollars of campaign con- olution. McMorris Reichert Tanner tributions to lawmakers.’’; The SPEAKER pro tempore. Under Whereas Politico reported on February 13, Rodgers Reyes Tauscher rule IX, a resolution offered from the McNerney Richardson Taylor 2009, that ‘‘federal investigators are asking Meek (FL) Rodriguez Teague about thousands of dollars in campaign con- floor by a Member other than the ma- Meeks (NY) Roe (TN) Terry tributions to lawmakers as part of an effort jority leader or the minority leader as Melancon Rogers (AL) Thompson (CA) to determine whether they were illegal a question of the privileges of the Mica Rogers (KY) Thompson (MS) Michaud Rogers (MI) Thompson (PA) ‘straw man’ donations.’’; House has immediate precedence only Miller (FL) Rohrabacher Thornberry Whereas Roll Call reported on February 20, at a time designated by the Chair with- Miller (MI) Rooney Tiahrt 2009, that they have ‘‘located tens of thou- in 2 legislative days after the resolu- Miller (NC) Roskam Tiberi sands of dollars worth of [the raided firm]- tion is properly noticed. Miller, George Ross Tierney linked donations that are improperly re- Minnick Rothman (NJ) Titus ported in the FEC database.’’; Pending that designation, the form of Mitchell Roybal-Allard Tonko Whereas Roll Call also reported that the resolution noticed by the gen- Mollohan Royce Towns ‘‘tracking Federal Election Commission tleman from Arizona will appear in the Moore (KS) Ruppersberger Tsongas Moore (WI) Rush Turner records of campaign donations attributed to RECORD at this point. Moran (KS) Ryan (OH) Upton [the firm] is a comedy of errors, misinforma- The Chair will not at this point de- Moran (VA) Ryan (WI) Van Hollen tion and mysteries, providing more questions termine whether the resolution con- Murphy (CT) Salazar Vela´ zquez than answers about how much money the stitutes a question of privilege. That Murphy, Patrick Sa´ nchez, Linda Visclosky lobbying firm actually raised for Congres- determination will be made at the time Murphy, Tim T. Walden sional campaigns.’’; Murtha Sanchez, Loretta Walz Whereas CQ Today reported on February designated for consideration of the res- Myrick Sarbanes Wamp 19, 2009, that ‘‘104 House members got ear- olution. Nadler (NY) Scalise Wasserman Napolitano Schakowsky Schultz marks for projects sought by [clients of the f firm] in the 2008 defense appropriations Neal (MA) Schauer Waters NAMING MEMBERS TO BE AVAIL- Neugebauer Schiff Watson bills,’’ and that 87 percent of this bipartisan Nunes Schmidt Watt group of Members received campaign con- ABLE TO SERVE ON INVESTIGA- Nye Schock Waxman tributions from the raided firm; TIVE SUBCOMMITTEES OF COM- Oberstar Schrader Weiner Whereas The Hill reported on February 10, MITTEE ON STANDARDS OF OF- Obey Schwartz Welch 2009, that in 2008 clients of this firm had ‘‘re- Olson Scott (GA) Westmoreland FICIAL CONDUCT ceived $299 million worth of earmarks, ac- Olver Scott (VA) Wexler The SPEAKER pro tempore. Pursu- Ortiz Sensenbrenner Whitfield cording to Taxpayers for Common Sense.’’; Pallone Serrano Wilson (SC) Whereas The Hill reported on February 23, ant to clause 5(a)(4)(A) of rule X, and Pascrell Sessions Wittman 2009, that ‘‘clients of a defense lobby shop the order of the House of January 6, Pastor (AZ) Sestak Wolf under investigation are continuing to score 2009, the Chair announces the Speaker Paul Shadegg Woolsey earmarks from their patrons in Congress, de- named the following Members of the Paulsen Shea-Porter Wu spite the firm being on the verge of shutting Payne Sherman Yarmuth House to be available to serve on inves- its doors permanently’’ and that several of Pence Shimkus Young (AK) tigative subcommittees of the Com- the firm’s clients ‘‘are slated to receive ear- mittee on Standards of Official Con- NOT VOTING—17 marks worth at least $8 million in the omni- Baca King (IA) Snyder bus spending bill funding the federal govern- duct for the 111th Congress: Brown, Corrine McHenry Speier ment through the rest of fiscal 2009 . . .’’; Ms. BALDWIN, Wisconsin Buchanan Miller, Gary Stark Whereas the Washington Post reported on Mr. CARNAHAN, Missouri Campbell Perriello Wilson (OH) June 13, 2008, in a story describing increased Mr. CLEAVER, Missouri Ehlers Putnam Young (FL) earmark spending in the House version of Mrs. DAVIS, California Ellison Ros-Lehtinen the fiscal year 2009 defense authorization bill Mr. ELLISON, Minnesota ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE that ‘‘many of the earmarks serve as no-bid Mr. GONZALEZ, Texas The SPEAKER pro tempore (during contracts for the recipients.’’; Ms. HIRONO, Hawaii the vote). Members have 2 minutes to Whereas the Associated Press reported on Mr. MILLER, North Carolina February 25, 2009, that ‘‘the Justice Depart- record their votes. f ment’s fraud section is overseeing an inves- b 1616 tigation into whether [the firm] reimbursed COMMUNICATION FROM THE So (two-thirds being in the affirma- some employees for campaign contributions REPUBLICAN LEADER tive) the rules were suspended and the to members of Congress who requested the projects.’’; The SPEAKER pro tempore laid be- resolution was agreed to. fore the House the following commu- The result of the vote was announced Whereas Politico reported on February 12, 2009, that ‘‘several sources said FBI agents nication from the Honorable JOHN A. as above recorded. have spent months laying the groundwork BOEHNER, Republican Leader: A motion to reconsider was laid on for their current investigation, including CONGRESS OF THE UNITED STATES, the table. conducting research on earmarks and cam- HOUSE OF REPRESENTATIVES, Stated for: paign contributions.’’; Washington, DC, February 26, 2009. Mr. KING of Iowa. Madam Speaker, on roll- Whereas the reportedly fraudulent nature Hon. NANCY PELOSI, call No. 93, I was not present because of the of campaign contributions originating from Speaker, U.S. Capitol, birth of my grandson. Had I been present, I the raided firm, as well as reports of the Jus- Washington, DC. would have voted ‘‘yea.’’ tice Department conducting research on ear- DEAR SPEAKER PELOSI: Pursuant to clause marks and campaign contributions, raise f 5(a)(4)(A) of rule X of the Rules of the House concern about the integrity of congressional of Representatives, I designate the following NOTICE OF INTENTION TO OFFER proceedings and the dignity of the institu- Members to be available for service on the RESOLUTION RAISING A QUES- tion; and investigative subcommittees of the Com- TION OF THE PRIVILEGES OF Whereas the fact that cases are being in- mittee on Standards of Official Conduct dur- THE HOUSE vestigated by the Justice Department does ing the 111th Congress: not preclude the Committee on Standards of The Honorable Rob Bishop of Utah. Mr. FLAKE. Madam Speaker, pursu- Official Conduct from taking investigative The Honorable Marsha Blackburn of Ten- ant to clause 2(a)(1) of rule IX, I hereby steps: Now, therefore, be it nessee.

VerDate Nov 24 2008 02:38 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MR7.012 H03MRPT1 jbell on PROD1PC69 with HOUSE H2902 CONGRESSIONAL RECORD — HOUSE March 3, 2009 The Honorable Ander Crenshaw of Florida. Speaker, is going to trickle down to (b) ‘‘Complaint’’ means a written allega- The Honorable Lincoln Diaz-Balart of Flor- the rest of the country. tion of improper conduct against a Member, ida. officer, or employee of the House of Rep- The Honorable Tom Latham of Iowa. f resentatives filed with the Committee with The Honorable Frank Lucas of Oklahoma. b 1630 the intent to initiate an inquiry. The Honorable Sue Myrick of North Caro- (c) ‘‘Inquiry’’ means an investigation by an lina. SPECIAL ORDERS investigative subcommittee into allegations The Honorable Mike Simpson of Idaho. against a Member, officer, or employee of The Honorable Greg Walden of Oregon. The SPEAKER pro tempore. Under the House of Representatives. Sincerely, the Speaker’s announced policy of Jan- (d) ‘‘Investigative Subcommittee’’ means a JOHN A. BOEHNER, uary 6, 2009, and under a previous order subcommittee designated pursuant to Rule Republican Leader. of the House, the following Members 19(a) to conduct an inquiry to determine if a f will be recognized for 5 minutes each. Statement of Alleged Violation should be issued. COMMEMORATING TEXAS’ INDE- f (e) ‘‘Statement of Alleged Violation’’ PENDENCE AND WELCOMING A PUBLICATION OF THE RULES OF means a formal charging document filed by NEW TEXAN THE COMMITTEE ON STANDARDS an investigative subcommittee with the Committee containing specific allegations (Mr. GENE GREEN of Texas asked OF OFFICIAL CONDUCT 111TH against a Member, officer, or employee of and was given permission to address CONGRESS the House of Representatives of a violation the House for 1 minute and to revise The SPEAKER pro tempore. Under a of the Code of Official Conduct, or of a law, and extend his remarks.) previous order of the House, the gentle- rule, regulation, or other standard of con- duct applicable to the performance of official Mr. GENE GREEN of Texas. Madam woman from California (Ms. ZOE duties or the discharge of official respon- Speaker, I rise today to mark two im- LOFGREN) is recognized for 5 minutes. portant occasions. sibilities. Ms. ZOE LOFGREN of California. Madam (f) ‘‘Adjudicatory Subcommittee’’ means a One hundred seventy-three years ago Speaker, I submit for publication the attached subcommittee designated pursuant to Rule yesterday, March, 2, 1836, Texas de- copy o the Rules of the Committee on Stand- 23(a) that holds an adjudicatory hearing and clared its independence from Mexico. ards of Official Conduct the U.S. House of determines whether the counts in a State- We celebrate this declaration of free- Representatives for the 111th Congress. The ment of Alleged Violation are proved by dom from tyranny knowing that during Committee on Standards of Official Conduct clear and convincing evidence. (g) ‘‘Sanction Hearing’’ means a Com- the same time in 1836 the Alamo was adopted these rules pursuant to House Rule under attack by the Army of Mexico’s mittee hearing to determine what sanction, XI, clause 2(a)(1) on February 10, 2009. I am if any, to adopt or to recommend to the dictator, Santa Anna, and would fall submitting these rules for publication in com- House of Representatives. after 13 days of resistance. As Texans pliance with House Rule XI, clause 2(a)(2). (h) ‘‘Respondent’’ means a Member, officer, and Americans, we honor freedom and The Committee is reviewing its rules and will or employee of the House of Representatives those who protect it. make revisions to conform with House rules who is the subject of a complaint filed with I also want to celebrate the birth of pertaining to the Office of Congressional Eth- the Committee or who is the subject of an in- a new Texan, our fourth grandchild, ics. The revised rules will be submitted for quiry or a Statement of Alleged Violation. (i) ‘‘Office of Advice and Education’’ refers Tristan Michael Green, born February publication after they are adopted by the Com- 11, 2009 to our son and our daughter-in- to the Office established by section 803(i) of mittee. the Ethics Reform Act of 1989. The Office law, Chris and Brandy Green. Tristan FOREWORD handles inquiries; prepares written opinions 3 was born at 10:37 a.m. at 18 ⁄4 inches The Committee on Standards of Official in response to specific requests; develops and weighing 6 pounds, 4 ounces. He is Conduct is unique in the House of Represent- general guidance; and organizes seminars, healthy and eating constantly. atives. Consistent with the duty to carry out workshops, and briefings for the benefit of We welcome another Texan to join its advisory and enforcement responsibilities the House of Representatives. his big brother, Dylan. God bless Texas in an impartial manner, the Committee is (j) ‘‘Member’’ means a Representative in, and the United States of America. the only standing committee of the House of or a Delegate to, or the Resident Commis- Representatives the membership of which is sioner to, the U.S. House of Representatives. f divided evenly by party. These rules are in- RULE 3. ADVISORY OPINIONS AND WAIVERS FEDERAL BUREAUCRATS WILL tended to provide a fair procedural frame- (a) The Office of Advice and Education BENEFIT THE MOST FROM SO- work for the conduct of the Committee’s ac- shall handle inquiries; prepare written opin- CALLED STIMULUS PACKAGE tivities and to help ensure that the Com- ions providing specific advice; develop gen- mittee serves well the people of the United eral guidance; and organize seminars, work- (Mr. DUNCAN asked and was given States, the House of Representatives, and shops, and briefings for the benefit of the permission to address the House for 1 the Members, officers, and employees of the House of Representatives. minute and to revise and extend his re- House of Representatives. (b) Any Member, officer, or employee of marks.) PART I—GENERAL COMMITTEE RULES the House of Representatives may request a Mr. DUNCAN. Madam Speaker, a few RULE 1. GENERAL PROVISIONS written opinion with respect to the propriety of any current or proposed conduct of such days ago, just before we voted on the (a) So far as applicable, these rules and the Member, officer, or employee. so-called stimulus package, The Wash- Rules of the House of Representatives shall (c) The Office of Advice and Education may ington Post said in a story that it be the rules of the Committee and any sub- provide information and guidance regarding committee. The Committee adopts these would mean a ‘‘massive financial wind- laws, rules, regulations, and other standards rules under the authority of clause 2(a)(1) of fall for Federal agencies.’’ The Post of conduct applicable to Members, officers, Rule XI of the Rules of the House of Rep- was for the bill, but those were the and employees in the performance of their resentatives, 111th Congress. words the paper used, ‘‘massive finan- duties or the discharge of their responsibil- (b) The rules of the Committee may be ities. cial windfall for Federal agencies.’’ modified, amended, or repealed by a vote of (d) In general, the Committee shall provide Then on the front page of today’s a majority of the Committee. a written opinion to an individual only in re- Washington Post is a story saying, (c) When the interests of justice so require, sponse to a written request, and the written ‘‘Tens of thousands could be added to the Committee, by a majority vote of its opinion shall address the conduct only of the members, may adopt any special procedures, Federal payroll’’ under the President’s inquiring individual, or of persons for whom not inconsistent with these rules, deemed budget. The story says, ‘‘President the inquiring individual is responsible as em- necessary to resolve a particular matter be- Obama’s budget is so ambitious with ploying authority. fore it. Copies of such special procedures vast new spending that experts say he (e) A written request for an opinion shall shall be furnished to all parties in the mat- be addressed to the Chair of the Committee will need to hire tens of thousands of ter. and shall include a complete and accurate new Federal Government workers.’’ (d) The Chair and Ranking Minority Mem- statement of the relevant facts. A request All over the country, people think ber shall have access to such information shall be signed by the requester or the re- they are going to get stimulus money that they request as necessary to conduct quester’s authorized representative or em- Committee business. or checks from all this spending, yet ploying authority. A representative shall the ones who will benefit the most are RULE 2. DEFINITIONS disclose to the Committee the identity of the those who need it the least—Federal (a) ‘‘Committee’’ means the Committee on principal on whose behalf advice is being bureaucrats. Very little, Madam Standards of Official Conduct. sought.

VerDate Nov 24 2008 01:55 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MR7.014 H03MRPT1 jbell on PROD1PC69 with HOUSE March 3, 2009 CONGRESSIONAL RECORD — HOUSE H2903 (f) The Office of Advice and Education sion shall be granted authorizing a non- Statements. The individual designated by shall prepare for the Committee a response incumbent candidate to file a statement the Committee to review the original State- to each written request for an opinion from later than 30 days prior to a primary or gen- ment shall review any amendment thereto. a Member, officer, or employee. Each re- eral election in which the candidate is par- (n) Within the time specified, including sponse shall discuss all applicable laws, ticipating. any extension granted in accordance with rules, regulations, or other standards. (d) An individual who takes legally suffi- clause (c), a reporting individual who does (g) Where a request is unclear or incom- cient action to withdraw as a candidate be- not agree with the Committee that the plete, the Office of Advice and Education fore the date on which that individual’s Fi- Statement is deficient or that other action is may seek additional information from the nancial Disclosure Statement is due under required, shall be provided an opportunity to requester. the Ethics in Government Act shall not be respond orally or in writing. If the expla- (h) The Chair and Ranking Minority Mem- required to file a Statement. An individual nation is accepted, a copy of the response, if ber are authorized to take action on behalf shall not be excused from filing a Financial written, or a note summarizing an oral re- of the Committee on any proposed written Disclosure Statement when withdrawal as a sponse, shall be retained in Committee files opinion that they determine does not require candidate occurs after the date on which with the original report. consideration by the Committee. If the Chair such Statement was due. (o) The Committee shall be the final arbi- or Ranking Minority Member requests a (e) Any individual who files a report re- ter of whether any Statement requires clari- written opinion, or seeks a waiver, exten- quired to be filed under title I of the Ethics fication or amendment. sion, or approval pursuant to Rules 3(1), 4(c), in Government Act more than 30 days after (p) If the Committee determines, by vote of 4(e), or 4(h), the next ranking member of the the later of— a majority of its members, that there is rea- requester’s party is authorized to act in lieu (1) the date such report is required to be son to believe that an individual has will- of the requester. filed, or fully failed to file a Statement or has will- (i) The Committee shall keep confidential (2) if a filing extension is granted to such fully falsified or willfully failed to file infor- any request for advice from a Member, offi- individual, the last day of the filing exten- mation required to be reported, then the cer, or employee, as well as any response sion period, is required by such Act to pay a Committee shall refer the name of the indi- thereto. late filing fee of $200. The Chair and Ranking vidual, together with the evidence sup- (j) The Committee may take no adverse ac- Minority Member are authorized to approve porting its finding, to the Attorney General tion in regard to any conduct that has been requests that the fee be waived based on ex- pursuant to section 104(b) of the Ethics in undertaken in reliance on a written opinion traordinary circumstances. Government Act. Such referral shall not pre- if the conduct conforms to the specific facts (f) Any late report that is submitted with- clude the Committee from initiating such addressed in the opinion. out a required filing fee shall be deemed pro- other action as may be authorized by other (k) Information provided to the Committee cedurally deficient and not properly filed. provisions of law or the Rules of the House of by a Member, officer, or employee seeking (g) The Chair and Ranking Minority Mem- Representatives. advice regarding prospective conduct may ber are authorized to approve requests for RULE 5. MEETINGS not be used as the basis for initiating an in- waivers of the aggregation and reporting of (a) The regular meeting day of the Com- vestigation under clause 3(a)(2) or clause 3(b) gifts as provided by section 102(a)(2)(C) of the mittee shall be the second Tuesday of each of Rule XI of the Rules of the House of Rep- Ethics in Government Act. If such a request month, except when the House of Represent- resentatives, if such Member, officer, or em- is approved, both the incoming request and atives is not meeting on that day. When the ployee acts in good faith in accordance with the Committee response shall be forwarded Committee Chair determines that there is the written advice of the Committee. to the Legislative Resource Center for place- sufficient reason, meetings may be called on (l) A written request for a waiver of clause ment on the public record. additional days. A regularly scheduled meet- 5 of House Rule XXV (the House gift rule), or (h) The Chair and Ranking Minority Mem- ing need not be held when the Chair deter- for any other waiver or approval, shall be ber are authorized to approve blind trusts as mines there is no business to be considered. treated in all respects like any other request qualifying under section 102(0(3) of the Eth- (b) The Chair shall establish the agenda for for a written opinion. ics in Government Act. The correspondence meetings of the Committee and the Ranking (m) A written request for a waiver of relating to formal approval of a blind trust, Minority Member may place additional clause 5 of House Rule XXV (the House gift the trust document, the list of assets trans- items on the agenda. rule) shall specify the nature of the waiver ferred to the trust, and any other documents (c) All meetings of the Committee or any being sought and the specific circumstances required by law to be made public, shall be subcommittee shall occur in executive ses- justifying the waiver. forwarded to the Legislative Resource Center sion unless the Committee or subcommittee, (n) An employee seeking a waiver of time for such purpose. by an affirmative vote of a majority of its limits applicable to travel paid for by a pri- (i) The Committee shall designate staff members, opens the meeting or hearing to vate source shall include with the request counsel who shall review Financial Disclo- the public. evidence that the employing authority is sure Statements and, based upon informa- (d) Any hearing held by an adjudicatory aware of the request. In any other instance tion contained therein, indicate in a form subcommittee or any sanction hearing held where proposed employee conduct may re- and manner prescribed by the Committee by the Committee shall be open to the public flect on the performance of official duties, whether the Statement appears substan- unless the Committee or subcommittee, by the Committee may require that the re- tially accurate and complete and the filer an affirmative vote of a majority of its mem- quester submit evidence that the employing appears to be in compliance with applicable bers, closes the hearing to the public. authority knows of the conduct. laws and rules. (e) A subcommittee shall meet at the dis- (j) Each Financial Disclosure Statement cretion of its Chair. RULE 4. FINANCIAL DISCLOSURE shall be reviewed within 60 days after the (f) Insofar as practicable, notice for any (a) In matters relating to Title I of the date of filing. Committee or subcommittee meeting shall Ethics in Government Act of 1978, the Com- (k) If the reviewing counsel believes that be provided at least seven days in advance of mittee shall coordinate with the Clerk of the additional information is required because the meeting. The Chair of the Committee or House of Representatives, Legislative Re- (1) the Statement appears not substantially subcommittee may waive such time period source Center, to assure that appropriate in- accurate or complete, or (2) the filer may not for good cause. dividuals are notified of their obligation to be in compliance with applicable laws or RULE 6. COMMITTEE STAFF file Financial Disclosure Statements and rules, then the reporting individual shall be (a) The staff is to be assembled and re- that such individuals are provided in a time- notified in writing of the additional informa- tained as a professional, nonpartisan staff. ly fashion with filing instructions and forms tion believed to be required, or of the law or (b) Each member of the staff shall be pro- developed by the Committee. rule with which the reporting individual does fessional and demonstrably qualified for the (b) The Committee shall coordinate with not appear to be in compliance. Such notice position for which the individual is hired. the Legislative Resource Center to assure shall also state the time within which a re- (c) The staff as a whole and each individual that information that the Ethics in Govern- sponse is to be submitted. Any such notice member of the staff shall perform all official ment Act requires to be placed on the public shall remain confidential. duties in a nonpartisan manner. record is made public. (1) Within the time specified, including any (d) No member of the staff shall engage in (c) The Chair and Ranking Minority Mem- extension granted in accordance with clause any partisan political activity directly af- ber are authorized to grant on behalf of the (c), a reporting individual who concurs with fecting any congressional or presidential Committee requests for reasonable exten- the Committee’s notification that the State- election. sions of time for the filing of Financial Dis- ment is not complete, or that other action is (e) No member of the staff or outside coun- closure Statements. Any such request must required, shall submit the necessary infor- sel may accept public speaking engagements be received by the Committee no later than mation or take appropriate action. Any or write for publication on any subject that the date on which the Statement in question amendment may be in the form of a revised is in any way related to the employment or is due. A request received after such date Financial Disclosure Statement or an ex- duties with the Committee of such individual may be granted by the Committee only in planatory letter addressed to the Clerk of without specific prior approval from the extraordinary circumstances. Such exten- the House of Representatives. Chair and Ranking Minority Member. sions for one individual in a calendar year (m) Any amendment shall be placed on the (f) All staff members shall be appointed by shall not exceed a total of 90 days. No exten- public record in the same manner as other an affirmative vote of a majority of the

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Such vote shall respecting the conduct of a Member, officer dence, or conduct business shall consist of a occur at the first meeting of the membership or employee of the House. majority plus one of the members of the ad- of the Committee during each Congress and (e) Except as otherwise specifically author- judicatory subcommittee. as necessary during the Congress. ized by the Committee, no Committee mem- (c) Except as stated in clauses (a) and (b) of (g) Subject to the approval of the Com- ber or staff member shall disclose to any per- this rule, a quorum for the purpose of con- mittee on House Administration, the Com- son outside the Committee, the name of any ducting business consists of a majority of mittee may retain counsel not employed by witness subpoenaed to testify or to produce the members of the Committee or sub- the House of Representatives whenever the evidence. committee. Committee determines, by an affirmative (f) The Committee shall not disclose to any (d) A member of the Committee shall be in- vote of a majority of the members of the person or organization outside the Com- eligible to participate in any Committee or Committee, that the retention of outside mittee any information concerning the con- subcommittee proceeding in which such counsel is necessary and appropriate. duct of a respondent until it has transmitted Member is the respondent. (h) If the Committee determines that it is a Statement of Alleged Violation to such re- (e) A member of the Committee may seek necessary to retain staff members for the spondent and the respondent has been given disqualification from participating in any in- purpose of a particular investigation or full opportunity to respond pursuant to Rule vestigation of the conduct of a Member, offi- other proceeding, then such staff shall be re- 22. The Statement of Alleged Violation and cer, or employee of the House of Representa- tained only for the duration of that par- any written response thereto shall be made tives upon the submission in writing and ticular investigation or proceeding. public at the first meeting or hearing on the under oath of an affidavit of disqualification (i) Outside counsel may be dismissed prior matter that is open to the public after such stating that the member cannot render an to the end of a contract between the Com- opportunity has been provided. Any other impartial and unbiased decision. If the Com- mittee and such counsel only by a majority materials in the possession of the Committee mittee approves and accepts such affidavit of vote of the members of the Committee. regarding such statement may be made pub- disqualification, or if a member is disquali- (j) In addition to any other staff provided lic as authorized by the Committee to the fied pursuant to Rule 17(e) or Rule 23(a), the for by law, rule, or other authority, with re- extent consistent with the Rules of the Chair shall so notify the Speaker and ask the spect to the Committee, the Chair and Rank- House of Representatives. If no public hear- Speaker to designate a Member of the House ing is held on the matter, the Statement of ing Minority Member each may appoint one of Representatives from the same political Alleged Violation and any written response individual as a shared staff member from the party as the disqualified member of the Com- thereto shall be included in the Committee’s respective personal staff of the Chair or mittee to act as a member of the Committee final report on the matter to the House of Ranking Minority Member to perform serv- in any Committee proceeding relating to ice for the Committee. Such shared staff Representatives. (g) Unless otherwise determined by a vote such investigation. may assist the Chair or Ranking Minority of the Committee, only the Chair or Ranking RULE 10. VOTE REQUIREMENTS Member on any subcommittee on which the Minority Member of the Committee, after (a) The following actions shall be taken Chair or Ranking Minority Member serves. consultation with each other, may make only upon an affirmative vote of a majority Only paragraphs (c) and (e) of this Rule and public statements regarding matters before of the members of the Committee or sub- Rule 7(b) shall apply to shared staff. the Committee or any subcommittee. committee, as appropriate: RULE 7. CONFIDENTIALITY (h) The Committee may establish proce- (1) Issuing a subpoena. (a) Before any Member or employee of the dures necessary to prevent the unauthorized (2) Adopting a full Committee motion to Committee, including members of an inves- disclosure of any testimony or other infor- create an investigative subcommittee. tigative subcommittee selected under clause mation received by the Committee or its (3) Adopting or amending of a Statement of 5(a)(4) of Rule X of the House of Representa- staff. Alleged Violation. tives and shared staff designated pursuant to RULE 8. SUBCOMMITTEES—GENERAL POLICY AND (4) Finding that a count in a Statement of Committee Rule 6(j), may have access to in- STRUCTURE Alleged Violation has been proved by clear formation that is confidential under the (a) Notwithstanding any other provision of and convincing evidence. rules of the Committee, the following oath these Rules, the Chair and Ranking Minority (5) Sending a letter of reproval. (or affirmation) shall be executed in writing: Member of the Committee may consult with (6) Adopting a recommendation to the ‘‘I do solemnly swear (or affirm) that I will an investigative subcommittee either on House of Representatives that a sanction be not disclose, to any person or entity outside their own initiative or on the initiative of imposed. the Committee on Standards of Official Con- the subcommittee, shall have access to evi- (7) Adopting a report relating to the con- duct, any information received in the course dence and information before a sub- duct of a Member, officer, or employee. of my service with the Committee, except as committee with whom they so consult, and (8) Issuing an advisory opinion of general authorized by the Committee or in accord- shall not thereby be precluded from serving applicability establishing new policy. ance with its rules.’’ as full, voting members of any adjudicatory (b) Except as stated in clause (a), action Copies of the executed oath shall be pro- subcommittee. Except for the Chair and may be taken by the Committee or any sub- vided to the Clerk of the House as part of the Ranking Minority Member of the Committee committee thereof by a simple majority, a records of the House. Breaches of confiden- pursuant to this paragraph, evidence in the quorum being present. tiality shall be investigated by the Com- possession of an investigative subcommittee (c) No motion made to take any of the ac- mittee and appropriate action shall be shall not be disclosed to other Committee tions enumerated in clause (a) of this Rule taken. members except by a vote of the sub- may be entertained by the Chair unless a (b) No member of the staff or outside coun- committee. quorum of the Committee is present when sel may make public, unless approved by an (b) The Committee may establish other such motion is made. affirmative vote of a majority of the mem- noninvestigative and nonadjudicatory sub- RULE 11. COMMITTEE RECORDS bers of the Committee, any information, doc- committees and may assign to them such (a) All communications and all pleadings ument, or other material that is confiden- functions as it may deem appropriate. The pursuant to these rules shall be filed with tial, derived from executive session, or clas- membership of each subcommittee shall pro- the Committee at the Committee’s office or sified and that is obtained during the course vide equal representation for the majority such other place as designated by the Com- of employment with the Committee. and minority parties. mittee. (c) Committee members and staff shall not (c) The Chair may refer any bill, resolu- (b) All records of the Committee which disclose any evidence relating to an inves- tion, or other matter before the Committee have been delivered to the Archivist of the tigation to any person or organization out- to an appropriate subcommittee for consid- United States shall be made available to the side the Committee unless authorized by the eration. Any such bill, resolution, or other public in accordance with Rule VII of the Committee. matter may be discharged from the sub- Rules of the House of Representatives. (d) Members and staff of the Committee committee to which it was referred by a ma- shall not disclose to any person or organiza- jority vote of the Committee. RULE 12. BROADCASTS OF COMMITTEE AND tion outside the Committee, unless author- (d) Any member of the Committee may sit SUBCOMMITTEE PROCEEDINGS ized by the Committee, any information re- with any noninvestigative or nonadjudica- (a) Television or radio coverage of a Com- garding the Committee’s or a subcommit- tory subcommittee, but only regular mem- mittee or subcommittee hearing or meeting tee’s investigative, adjudicatory or other bers of such subcommittee may vote on any shall be without commercial sponsorship. proceedings, including but not limited to: (i) matter before that subcommittee. (b) No witness shall be required against the the fact or nature of any complaints; (ii) ex- RULE 9. QUORUMS AND MEMBER witness’ will to be photographed or other- ecutive session proceedings; (iii) information DISQUALIFICATION wise to have a graphic reproduction of the pertaining to or copies of any Committee or (a) The quorum for an investigative sub- witness’ image made at any hearing or to subcommittee report, study or other docu- committee to take testimony and to receive give evidence or testimony while the broad- ment which purports to express the views, evidence shall be two members, unless other- casting of that hearing, by radio or tele- findings, conclusions or recommendations of wise authorized by the House of Representa- vision, is being conducted. At the request of the Committee or subcommittee in connec- tives. any witness, all media microphones shall be tion with any of its activities or proceedings; (b) The quorum for an adjudicatory sub- turned off, all television and camera lenses or (iv) any other information or allegation committee to take testimony, receive evi- shall be covered, and the making of a graphic

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This paragraph supplements clause statements. make a recommendation under paragraph (1) 2(k)(5) of Rule XI of the Rules of the House (b) Any documents in the possession of the or (2) of Rule 16(b). of Representatives relating to the protection complainant that relate to the allegations (c) The Chair and Ranking Minority Mem- of the rights of witnesses. may be submitted with the complaint. ber may jointly gather additional informa- (c) Not more than four television cameras, (c) Information offered as a complaint by a tion concerning alleged conduct which is the operating from fixed positions, shall be per- Member of the House of Representatives may basis of a complaint or of information of- mitted in a hearing or meeting room. The be transmitted directly to the Committee. fered as a complaint until they have estab- Committee may allocate the positions of (d) Information offered as a complaint by lished an investigative subcommittee or the permitted television cameras among the tel- an individual not a Member of the House Chair or Ranking Minority Member has evision media in consultation with the Exec- may be transmitted to the Committee, pro- placed on the agenda the issue of whether to utive Committee of the Radio and Television vided that a Member of the House certifies in establish an investigative subcommittee. Correspondents’ Galleries. writing that such Member believes the infor- (d) If the Chair and Ranking Minority (d) Television cameras shall be placed so as mation is submitted in good faith and war- Member jointly determine that information not to obstruct in any way the space between rants the review and consideration of the submitted to the Committee meets the re- any witness giving evidence or testimony Committee. quirements of the Committee rules for what and any member of the Committee, or the (e) A complaint must be accompanied by a constitutes a complaint, and the complaint visibility of that witness and that member to certification, which may be unSworn, that is not disposed of within 45 calendar days or each other. the complainant has provided an exact copy 5 legislative days, whichever is later, and no (e) Television cameras shall not be placed of the filed complaint and all attachments to additional 45-day extension is made, then in positions that unnecessarily obstruct the the respondent. they shall establish an investigative sub- coverage of the hearing or meeting by the (f) The Committee may defer action on a committee and forward the complaint, or other media. complaint against a Member, officer, or em- any portion thereof, to that subcommittee PART II—INVESTIGATIVE AUTHORITY ployee of the House of Representatives when for its consideration. If at any time during the complaint alleges conduct that the Com- the time period either the Chair or Ranking RULE 13. HOUSE RESOLUTION mittee has reason to believe is being re- Minority Member places on the agenda the Whenever the House of Representatives, by viewed by appropriate law enforcement or issue of whether to establish an investigative resolution, authorizes or directs the Com- regulatory authorities, or when the Com- subcommittee, then an investigative sub- mittee to undertake an inquiry or investiga- mittee determines that it is appropriate for committee may be established only by an af- tion, the provisions of the resolution, in con- the conduct alleged in the complaint to be firmative vote of a majority of the members junction with these Rules, shall govern. To reviewed initially by law enforcement or reg- of the Committee. the extent the provisions of the resolution ulatory authorities. (e) Whenever the Chair and Ranking Mi- differ from these Rules, the resolution shall (g) A complaint may not be amended with- nority Member jointly determine that infor- control. out leave of the Committee. Otherwise, any mation submitted to the Committee does not RULE 14. COMMITTEE AUTHORITY TO new allegations of improper conduct must be meet the requirements for what constitutes INVESTIGATE—GENERAL POLICY submitted in a new complaint that independ- a complaint set forth in the Committee (a) Pursuant to clause 3(b) of Rule XI of ently meets the procedural requirements of rules, they may (1) return the information to the Rules of the House of Representatives, the Rules of the House of Representatives the complainant with a statement that it the Committee may exercise its investiga- and the Committee’s Rules. fails to meet the requirements for what con- tive authority when: (h) The Committee shall not accept, and stitutes a complaint set forth in the Com- (1) information offered as a complaint by a shall return to the complainant, any com- mittee’s rules; or (2) recommend to the Com- Member of the House of Representatives is plaint submitted within the 60 days prior to mittee that it authorize the establishment of transmitted directly to the Committee; an election in which the subject of the com- an investigative subcommittee. (2) information offered as a complaint by plaint is a candidate. RULE 17. PROCESSING OF COMPLAINTS an individual not a Member of the House is (i) The Committee shall not consider a (a) If a complaint is in compliance with transmitted to the Committee, provided that complaint, nor shall any investigation be un- House and Committee Rules, a copy of the a Member of the House certifies in writing dertaken by the Committee, of any alleged complaint and the Committee Rules shall be that such Member believes the information violation which occurred before the third forwarded to the respondent within 5 days is submitted in good faith and warrants the previous Congress unless the Committee de- with notice that the complaint conforms to review and consideration of the Committee; termines that the alleged violation is di- the applicable rules. (3) the Committee, on its own initiative, rectly related to an alleged violation which (b) The respondent may, within 30 days of establishes an investigative subcommittee; occurred in a more recent Congress. the Committee’s notification, provide to the (4) a Member, officer, or employee is con- RULE 16. DUTIES OF COMMITTEE CHAIR AND Committee any information relevant to a victed in a Federal, State, or local court of RANKING MINORITY MEMBER complaint filed with the Committee. The re- a felony; (a) Whenever information offered as a com- spondent may submit a written statement in (5) the House of Representatives, by resolu- plaint is submitted to the Committee, the response to the complaint. Such a statement tion, authorizes or directs the Committee to Chair and Ranking Minority Member shall shall be signed by the respondent. If the undertake an inquiry or investigation; or have 14 calendar days or 5 legislative days, statement is prepared by counsel for the re- (b) The Committee also has investigatory whichever occurs first, to determine whether spondent, the respondent shall sign a rep- authority over: the information meets the requirements of resentation that the respondent has reviewed (1) certain unauthorized disclosures of in- the Committee’s rules for what constitutes a the response and agrees with the factual as- telligence-related information, pursuant to complaint. sertions contained therein. House Rule X, clauses 11(g)(4) and (g)(5); or (b) Whenever the Chair and Ranking Mi- (c) The Committee staff may request infor- (2) reports received from the Office of the nority Member jointly determine that infor- mation from the respondent or obtain addi- Inspector General pursuant to House Rule II, mation submitted to the Committee meets tional information pertinent to the case clause 6(c)(5). the requirements of the Committee’s rules from other sources prior to the establish- RULE 15. COMPLAINTS for what constitutes a complaint, they shall ment of an investigative subcommittee only (a) A complaint submitted to the Com- have 45 calendar days or 5 legislative days, when so directed by the Chair and Ranking mittee shall be in writing, dated, and prop- whichever is later, after the date that the Minority Member. erly verified (a document will be considered Chair and Ranking Minority Member deter- (d) The respondent shall be notified in properly verified where a notary executes it mine that information filed meets the re- writing regarding the Committee’s decision with the language, ‘‘Signed and sworn to (or quirements of the Committee’s rules for either to dismiss the complaint or to create affirmed) before me on (date) by (the name of what constitutes a complaint, unless the an investigative subcommittee. the person)’’ setting forth in simple, concise, Committee by an affirmative vote of a ma- (e) The respondent shall be notified of the and direct statements— jority of its members votes otherwise, to— membership of the investigative sub- (1) the name and legal address of the party (1) recommend to the Committee that it committee and shall have 10 days after such filing the complaint (hereinafter referred to dispose of the complaint, or any portion notice is transmitted to object to the par- as the ‘‘complainant’’); thereof, in any manner that does not require ticipation of any subcommittee member. (2) the name and position or title of the re- action by the House, which may include dis- Such objection shall be in writing and must spondent; missal of the complaint or resolution of the be on the grounds that the subcommittee (3) the nature of the alleged violation of complaint by a letter to the Member, officer, member cannot render an impartial and un- the Code of Official Conduct or of other law, or employee of the House against whom the biased decision. The subcommittee member rule, regulation, or other standard of con- complaint is made; against whom the objection is made shall be duct applicable to the performance of duties (2) establish an investigative sub- the sole judge of any disqualification. or discharge of responsibilities; and committee; or RULE 18. COMMITTEE-INITIATED INQUIRY (4) the facts alleged to give rise to the vio- (3) request that the Committee extend the (a) Notwithstanding the absence of a filed lation. The complaint shall not contain in- applicable 45-calendar day period when they complaint, the Committee may consider any

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A individual. The Chair and Ranking Minority racy. copy of such Statement shall be transmitted Member may jointly gather additional infor- (5) The subcommittee, by a majority vote to the respondent and the respondent’s coun- mation concerning such an alleged violation of its members, may require, by subpoena or sel. by a Member, officer, or employee unless and otherwise, the attendance and testimony of (g) If the investigative subcommittee does until an investigative subcommittee has witnesses and the production of such books, not adopt a Statement of Alleged Violation, been established. records, correspondence, memoranda, papers, it shall transmit to the Committee a report (b) If the Committee votes to establish an documents, and other items as it deems nec- containing a summary of the information re- investigative subcommittee, the Committee essary to the conduct of the inquiry. Unless ceived in the inquiry, its conclusions and shall proceed in accordance with Rule 19. the Committee otherwise provides, the sub- reasons therefore, and any appropriate rec- (c) Any written request by a Member, offi- poena power shall rest in the Chair and ommendation. cer, or employee of the House of Representa- Ranking Minority Member of the Committee RULE 20. AMENDMENTS TO STATEMENTS OF tives that the Committee conduct an inquiry and a subpoena shall be issued upon the re- ALLEGED VIOLATION into such person’s own conduct shall be con- quest of the investigative subcommittee. (a) An investigative subcommittee may, sidered in accordance with subsection (a) of (6) The subcommittee shall require that upon an affirmative vote of a majority of its this Rule. testimony be given under oath or affirma- members, amend its Statement of Alleged (d) An inquiry shall not be undertaken re- tion. The form of the oath or affirmation Violation anytime before the Statement of garding any alleged violation that occurred shall be: ‘‘Do you solemnly swear (or affirm) Alleged Violation is transmitted to the Com- before the third previous Congress unless a that the testimony you will give before this mittee; and majority of the Committee determines that subcommittee in the matter now under con- (b) If an investigative subcommittee the alleged violation is directly related to an sideration will be the truth, the whole truth, amends its Statement of Alleged Violation, alleged violation that occurred in a more re- and nothing but the truth (so help you the respondent shall be notified in writing cent Congress. God)?’’ The oath or affirmation shall be ad- and shall have 30 calendar days from the (e) An inquiry shall be undertaken by an ministered by the Chair or subcommittee date of that notification to file an answer to investigative subcommittee with regard to member designated by the Chair to admin- the amended Statement of Alleged Viola- any felony conviction of a Member, officer, ister oaths. tion. or employee of the House of Representatives (c) During the inquiry, the procedure re- RULE 21. COMMITTEE REPORTING REQUIREMENTS in a Federal, State, or local court who has specting the admissibility of evidence and (a) Whenever an investigative sub- been sentenced. Notwithstanding this provi- rulings shall be as follows: committee does not adopt a Statement of Al- sion, the Committee has the discretion to (1) Any relevant evidence shall be admis- leged Violation and transmits a report to initiate an inquiry upon an affirmative vote sible unless the evidence is privileged under that effect to the Committee, the Committee of a majority of the members of the Com- the precedents of the House of Representa- may by an affirmative vote of a majority of mittee at any time prior to conviction or tives. its members transmit such report to the sentencing. (2) The Chair of the subcommittee or other House of Representatives; presiding member at any investigative sub- RULE 19. INVESTIGATIVE SUBCOMMITTEE (b) Whenever an investigative sub- committee proceeding shall rule upon any committee adopts a Statement of Alleged (a) Upon the establishment of an investiga- question of admissibility or pertinency of Violation but recommends that no further tive subcommittee, the Chair and Ranking evidence, motion, procedure or any other action be taken, it shall transmit a report to Minority Member of the Committee shall matter, and may direct any witness to an- the Committee regarding the Statement of designate four members (with equal rep- swer any question under penalty of con- Alleged Violation; and resentation from the majority and minority tempt. A witness, witness counsel, or a mem- (c) Whenever an investigative sub- parties) to serve as an investigative sub- ber of the subcommittee may appeal any rul- committee adopts a Statement of Alleged committee to undertake an inquiry. Mem- ings to the members present at that pro- Violation, the respondent admits to the vio- bers of the Committee and Members of the ceeding. A majority vote of the members lations set forth in such Statement, the re- House selected pursuant to clause 5(a)(4)(A) present at such proceeding on such appeal spondent waives the right to an adjudicatory of Rule X of the House of Representatives shall govern the question of admissibility, hearing, and the respondent’s waiver is ap- are eligible for appointment to an investiga- and no appeal shall lie to the Committee. proved by the Committee— tive subcommittee, as determined by the (3) Whenever a person is determined by a (1) the subcommittee shall prepare a report Chair and Ranking Minority Member of the majority vote to be in contempt of the sub- for transmittal to the Committee, a final Committee. At the time of appointment, the committee, the matter may be referred to draft of which shall be provided to the re- Chair shall designate one member of the sub- the Committee to determine whether to refer spondent not less than 15 calendar days be- committee to serve as the Chair and the the matter to the House of Representatives fore the subcommittee votes on whether to Ranking Minority Member shall designate for consideration. adopt the report; one member of the subcommittee to serve as (4) Committee counsel may, subject to sub- (2) the respondent may submit views in the ranking minority member of the inves- committee approval, enter into stipulations writing regarding the final draft to the sub- tigative subcommittee. The Chair and Rank- with the respondent and/or the respondent’s committee within 7 calendar days of receipt ing Minority Member of the Committee may counsel as to facts that are not in dispute. of that draft; serve as members of an investigative sub- (d) Upon an affirmative vote of a majority (3) the subcommittee shall transmit a re- committee, but may not serve as non-voting, of the subcommittee members, and an af- port to the Committee regarding the State- ex-officio members. firmative vote of a majority of the full Com- ment of Alleged Violation together with any (b) In an inquiry undertaken by an inves- mittee, an investigative subcommittee may views submitted by the respondent pursuant tigative subcommittee— expand the scope of its investigation. to subparagraph (2), and the Committee shall (1) All proceedings, including the taking of (e) Upon completion of the investigation, make the report, together with the respond- testimony, shall be conducted in executive the staff shall draft for the investigative sub- ent’s views, available to the public before session and all testimony taken by deposi- committee a report that shall contain a com- the commencement of any sanction hearing; tion or things produced pursuant to sub- prehensive summary of the information re- and poena or otherwise shall be deemed to have ceived regarding the alleged violations. (4) the Committee shall by an affirmative been taken or produced in executive session. (f) Upon completion of the inquiry, an in- vote of a majority of its members issue a re- (2) The Chair of the investigative sub- vestigative subcommittee, by a majority port and transmit such report to the House committee shall ask the respondent and all vote of its members, may adopt a Statement of Representatives, together with the re- witnesses whether they intend to be rep- of Alleged Violation if it determines that spondent’s views previously submitted pur- resented by counsel. If so, the respondent or there is substantial reason to believe that a suant to subparagraph (2) and any additional witnesses or their legal representatives shall violation of the Code of Official Conduct, or views respondent may submit for attach- provide written designation of counsel. A re- of a law, rule, regulation, or other standard ment to the final report; and spondent or witness who is represented by of conduct applicable to the performance of (d) Members of the Committee shall have counsel shall not be questioned in the ab- official duties or the discharge of official re- not less than 72 hours to review any report sence of counsel unless an explicit waiver is sponsibilities by a Member, officer, or em- transmitted to the Committee by an inves- obtained. ployee of the House of Representatives has tigative subcommittee before both the com- (3) The subcommittee shall provide the re- occurred. If more than one violation is al- mencement of a sanction hearing and the spondent an opportunity to present, orally leged, such Statement shall be divided into Committee vote on whether to adopt the re- or in writing, a statement, which must be separate counts. Each count shall relate to a port.

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RULE 22. RESPONDENT’S ANSWER nority Member pursuant to Rule 22, and no (h) The respondent or counsel may apply to (a)(1) Within 30 days from the date of waiver pursuant to Rule 26(b) has occurred, the subcommittee for the issuance of sub- transmittal of a Statement of Alleged Viola- the Chair shall designate the members of the poenas for the appearance of witnesses or the tion, the respondent shall file with the inves- Committee who did not serve on the inves- production of evidence. The application shall tigative subcommittee an answer, in writing tigative subcommittee to serve on an adju- be granted upon a showing by the respondent and under oath, signed by respondent and re- dicatory subcommittee. The Chair and Rank- that the proposed testimony or evidence is spondent’s counsel. Failure to file an answer ing Minority Member of the Committee shall relevant and not otherwise available to re- within the time prescribed shall be consid- be the Chair and Ranking Minority Member spondent. The application may be denied if ered by the Committee as a denial of each of the adjudicatory subcommittee unless not made at a reasonable time or if the testi- count. they served on the investigative sub- mony or evidence would be merely cumu- (2) The answer shall contain an admission committee. The respondent shall be notified lative. to or denial of each count set forth in the of the designation of the adjudicatory sub- (i) During the hearing, the procedures re- Statement of Alleged Violation and may in- committee and shall have 10 days after such garding the admissibility of evidence and clude negative, affirmative, or alternative notice is transmitted to object to the par- rulings shall be as follows: defenses and any supporting evidence or ticipation of any subcommittee member. (1) Any relevant evidence shall be admis- other relevant information. Such objection shall be in writing and shall sible unless the evidence is privileged under (b) The respondent may file a Motion for a be on the grounds that the member cannot the precedents of the House of Representa- Bill of Particulars within 10 days of the date render an impartial and unbiased decision. tives. of transmittal of the Statement of Alleged The member against whom the objection is (2) The Chair of the subcommittee or other Violation. If a Motion for a Bill of Particu- made shall be the sole judge of any disquali- presiding member at an adjudicatory sub- lars is filed, the respondent shall not be re- fication. committee hearing shall rule upon any ques- quired to file an answer until 20 days after (b) A majority of the adjudicatory sub- tion of admissibility or pertinency of evi- the subcommittee has replied to such mo- committee membership plus one must be dence, motion, procedure, or any other mat- tion. present at all times for the conduct of any ter, and may direct any witness to answer (c)(1) The respondent may file a Motion to business pursuant to this rule. any question under penalty of contempt. A (c) The adjudicatory subcommittee shall Dismiss within 10 days of the date of trans- witness, witness counsel, or a member of the hold a hearing to determine whether any mittal of the Statement of Alleged Violation subcommittee may appeal any ruling to the counts in the Statement of Alleged Violation or, if a Motion for a Bill of Particulars has members present at that proceeding. A ma- have been proved by clear and convincing been filed, within 10 days of the date of the jority vote of the members present at such evidence and shall make findings of fact, ex- subcommittee’s reply to the Motion for a proceeding on such an appeal shall govern cept where such violations have been admit- Bill of Particulars. If a Motion to Dismiss is the question of admissibility and no appeal filed, the respondent shall not be required to ted by respondent. (d) At an adjudicatory hearing, the sub- shall lie to the Committee. file an answer until 20 days after the sub- (3) Whenever a witness is deemed by a committee has replied to the Motion to Dis- committee may require, by subpoena or oth- erwise, the attendance and testimony of such Chair or other presiding member to be in miss, unless the respondent previously filed contempt of the subcommittee, the matter a Motion for a Bill of Particulars, in which witnesses and production of such books, records, correspondence, memoranda, papers, may be referred to the Committee to deter- case the respondent shall not be required to mine whether to refer the matter to the file an answer until 10 days after the sub- documents, and other items as it deems nec- essary. Depositions, interrogatories, and House of Representatives for consideration. committee has replied to the Motion to Dis- (4) Committee counsel may, subject to sub- miss. The investigative subcommittee shall sworn statements taken under any investiga- tive subcommittee direction may be accept- committee approval, enter into stipulations rule upon any motion to dismiss filed during ed into the hearing record. with the respondent and/or the respondent’s the period between the establishment of the (e) The procedures set forth in clause 2(g) counsel as to facts that are not in dispute. subcommittee and the subcommittee’s trans- and (k) of Rule XI of the Rules of the House (j) Unless otherwise provided, the order of mittal of a report or Statement of Alleged of Representatives shall apply to adjudica- an adjudicatory hearing shall be as follows: Violation to the Committee or to the Chair tory hearings. All such hearings shall be (1) The Chair of the subcommittee shall and Ranking Minority Member at the con- open to the public unless the adjudicatory open the hearing by stating the adjudicatory clusion of an inquiry, and no appeal of the subcommittee, pursuant to such clause, de- subcommittee’s authority to conduct the subcommittee’s ruling shall lie to the Com- termines that the hearings or any part hearing and the purpose of the hearing. mittee. thereof should be closed. (2) The Chair shall then recognize Com- (2) A Motion to Dismiss may be made on (f)(1) The adjudicatory subcommittee shall, mittee counsel and the respondent’s counsel, the grounds that the Statement of Alleged in writing, notify the respondent that the re- in turn, for the purpose of giving opening Violation fails to state facts that constitute spondent and respondent’s counsel have the statements. a violation of the Code of Official Conduct or right to inspect, review, copy, or photograph (3) Testimony from witnesses and other other applicable law, rule, regulation, or books, papers, documents, photographs, or pertinent evidence shall be received in the standard of conduct, or on the grounds that other tangible objects that the adjudicatory following order whenever possible: the Committee lacks jurisdiction to consider subcommittee counsel intends to use as evi- (i) witnesses (deposition transcripts and af- the allegations contained in the Statement. dence against the respondent in an adjudica- fidavits obtained during the inquiry may be (d) Any motion filed with the sub- tory hearing. The respondent shall be given used in lieu of live witnesses if the witness is committee pursuant to this rule shall be ac- access to such evidence, and shall be pro- unavailable) and other evidence offered by companied by a Memorandum of Points and vided the names of witnesses the sub- the Committee counsel, Authorities. committee counsel intends to call, and a (ii) witnesses and other evidence offered by (e)(1) The Chair of the investigative sub- summary of their expected testimony, no the respondent, committee, for good cause shown, may per- less than 15 calendar days prior to any such (iii) rebuttal witnesses, as permitted by mit the respondent to file an answer or mo- hearing. Except in extraordinary cir- the Chair. tion after the day prescribed above. (4) Witnesses at a hearing shall be exam- (2) If the ability of the respondent to cumstances, no evidence may be introduced or witness called in an adjudicatory hearing ined first by counsel calling such witness. present an adequate defense is not adversely The opposing counsel may then cross-exam- affected and special circumstances so re- unless the respondent has been afforded a prior opportunity to review such evidence or ine the witness. Redirect examination and quire, the Chair of the investigative sub- recross examination by counsel may be per- committee may direct the respondent to file has been provided the name of the witness. (2) After a witness has testified on direct mitted at the Chair’s discretion. Sub- an answer or motion prior to the day pre- examination at an adjudicatory hearing, the committee members may then question wit- scribed above. nesses. Unless otherwise directed by the (f) If the day on which any answer, motion, Committee, at the request of the respondent, shall make available to the respondent any Chair, questions by Subcommittee members reply, or other pleading must be filed falls on statement of the witness in the possession of shall be conducted under the five-minute a Saturday, Sunday, or holiday, such filing the Committee which relates to the subject rule. shall be made on the first business day there- matter as to which the witness has testified. (5) The Chair shall then recognize Com- after. (3) Any other testimony, statement, or mittee counsel and respondent’s counsel, in (g) As soon as practicable after an answer documentary evidence in the possession of turn, for the purpose of giving closing argu- has been filed or the time for such filing has the Committee which is material to the re- ments. Committee counsel may reserve time expired, the Statement of Alleged Violation spondent’s defense shall, upon request, be for rebuttal argument, as permitted by the and any answer, motion, reply, or other made available to the respondent. Chair. pleading connected therewith shall be trans- (g) No less than 5 days prior to the hearing, (k) A subpoena to a witness to appear at a mitted by the Chair of the investigative sub- the respondent or counsel shall provide the hearing shall be served sufficiently in ad- committee to the Chair and Ranking Minor- adjudicatory subcommittee with the names vance of that witness’ scheduled appearance ity Member of the Committee. of witnesses expected to be called, sum- to allow the witness a reasonable period of RULE 23. ADJUDICATORY HEARINGS maries of their expected testimony, and cop- time, as determined by the Chair of the adju- (a) If a Statement of Alleged Violation is ies of any documents or other evidence pro- dicatory subcommittee, to prepare for the transmitted to the Chair and Ranking Mi- posed to be introduced. hearing and to employ counsel.

VerDate Nov 24 2008 01:55 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MR7.025 H03MRPT1 jbell on PROD1PC69 with HOUSE H2908 CONGRESSIONAL RECORD — HOUSE March 3, 2009 (l) Each witness appearing before the sub- (2) Censure. leged Violation it intends to adopt together committee shall be furnished a printed copy (3) Reprimand. with all evidence it intends to use to prove of the Committee rules, the pertinent provi- (4) Fine. those charges which it intends to adopt, in- sions of the Rules of the House of Represent- (5) Denial or limitation of any right, cluding documentary evidence, witness testi- atives applicable to the rights of witnesses, power, privilege, or immunity of the Member mony, memoranda of witness interviews, and and a copy of the Statement of Alleged Vio- if under the Constitution the House of Rep- physical evidence, unless the subcommittee lation. resentatives may impose such denial or limi- by an affirmative vote of a majority of its (m) Testimony of all witnesses shall be tation. members decides to withhold certain evi- taken under oath or affirmation. The form of (6) Any other sanction determined by the dence in order to protect a witness, but if the oath or affirmation shall be: ‘‘Do you Committee to be appropriate. such evidence is withheld, the subcommittee solemnly swear (or affirm) that the testi- (f) With respect to any proved counts shall inform the respondent that evidence is mony you will give before this subcommittee against an officer or employee of the House being withheld and of the count to which in the matter now under consideration will of Representatives, the Committee may rec- such evidence relates. be the truth, the whole truth, and nothing ommend to the House one or more of the fol- (d) Neither the respondent nor respond- but the truth (so help you God)?’’ The oath lowing sanctions: ent’s counsel shall, directly or indirectly, or affirmation shall be administered by the (1) Dismissal from employment. contact the subcommittee or any member Chair or Committee member designated by (2) Reprimand. thereof during the period of time set forth in the Chair to administer oaths. (3) Fine. paragraph (c) except for the sole purpose of (n) At an adjudicatory hearing, the burden (4) Any other sanction determined by the settlement discussions where counsels for of proof rests on Committee counsel to es- Committee to be appropriate. the respondent and the subcommittee are tablish the facts alleged in the Statement of (g) With respect to the sanctions that the present. Alleged Violation by clear and convincing Committee may recommend, reprimand is (e) If, at any time after the issuance of a evidence. However, Committee counsel need appropriate for serious violations, censure is Statement of Alleged Violation, the Com- not present any evidence regarding any appropriate for more serious violations, and mittee or any subcommittee thereof deter- count that is admitted by the respondent or expulsion of a Member or dismissal of an of- mines that it intends to use evidence not any fact stipulated. ficer or employee is appropriate for the most provided to a respondent under paragraph (c) (o) As soon as practicable after all testi- serious violations. A recommendation of a to prove the charges contained in the State- mony and evidence have been presented, the fine is appropriate in a case in which it is ment of Alleged Violation (or any amend- subcommittee shall consider each count con- likely that the violation was committed to ment thereof), such evidence shall be made tained in the Statement of Alleged Violation secure a personal financial benefit; and a immediately available to the respondent, and shall determine by a majority vote of its recommendation of a denial or limitation of and it may be used in any further proceeding members whether each count has been a right, power, privilege, or immunity of a under the Committee’s rules. proved. If a majority of the subcommittee Member is appropriate when the violation (f) Evidence provided pursuant to para- does not vote that a count has been proved, bears upon the exercise or holding of such graph (c) or (e) shall be made available to a motion to reconsider that vote may be right, power, privilege, or immunity. This the respondent and respondent’s counsel made only by a member who voted that the clause sets forth general guidelines and does only after each agrees, in writing, that no count was not proved. A count that is not not limit the authority of the Committee to document, information, or other materials proved shall be considered as dismissed by recommend other sanctions. obtained pursuant to that paragraph shall be the subcommittee. (h) The Committee report shall contain an made public until— (p) The findings of the adjudicatory sub- appropriate statement of the evidence sup- (1) such time as a Statement of Alleged committee shall be reported to the Com- porting the Committee’s findings and a Violation is made public by the Committee if mittee. statement of the Committee’s reasons for the respondent has waived the adjudicatory RULE 24. SANCTION HEARING AND CONSIDER- the recommended sanction. hearing; or ATION OF SANCTIONS OR OTHER RECOMMENDA- RULE 25. DISCLOSURE OF EXCULPATORY (2) the commencement of an adjudicatory TIONS INFORMATION TO RESPONDENT hearing if the respondent has not waived an (a) If no count in a Statement of Alleged If the Committee, or any investigative or adjudicatory hearing; but the failure of re- Violation is proved, the Committee shall adjudicatory subcommittee at any time re- spondent and respondent’s counsel to so prepare a report to the House of Representa- ceives any exculpatory information respect- agree in writing, and therefore not receive tives, based upon the report of the adjudica- ing a Complaint or Statement of Alleged the evidence, shall not preclude the issuance tory subcommittee. Violation concerning a Member, officer, or of a Statement of Alleged Violation at the (b) If an adjudicatory subcommittee com- employee of the House of Representatives, it end of the period referenced to in (c). pletes an adjudicatory hearing pursuant to shall make such information known and (g) A respondent shall receive written no- Rule 23 and reports that any count of the available to the Member, officer, or em- tice whenever— Statement of Alleged Violation has been ployee as soon as practicable, but in no event (1) the Chair and Ranking Minority Mem- proved, a hearing before the Committee shall later than the transmittal of evidence sup- ber determine that information the Com- be held to receive oral and/or written sub- porting a proposed Statement of Alleged Vio- mittee has received constitutes a complaint; missions by counsel for the Committee and lation pursuant to Rule 26(c). If an investiga- (2) a complaint or allegation is trans- counsel for the respondent as to the sanction tive subcommittee does not adopt a State- mitted to an investigative subcommittee; (3) that subcommittee votes to authorize the Committee should recommend to the ment of Alleged Violation, it shall identify its first subpoena or to take testimony under House of Representatives with respect to any exculpatory information in its posses- oath, whichever occurs first; and such violations. Testimony by witnesses sion at the conclusion of its inquiry and (4) the Committee votes to expand the shall not be heard except by written request shall include such information, if any, in the scope of the inquiry of an investigative sub- and vote of a majority of the Committee. subcommittee’s final report to the Com- committee. (c) Upon completion of any proceeding held mittee regarding its inquiry. For purposes of (h) Whenever an investigative sub- pursuant to clause (b), the Committee shall this rule, exculpatory evidence shall be any committee adopts a Statement of Alleged consider and vote on a motion to recommend evidence or information that is substantially Violation and a respondent enters into an to the House of Representatives that the favorable to the respondent with respect to agreement with that subcommittee to settle House take disciplinary action. If a majority the allegations or charges before an inves- a complaint on which the Statement is of the Committee does not vote in favor of tigative or adjudicatory subcommittee. the recommendation that the House of Rep- based, that agreement, unless the respondent RULE 26. RIGHTS OF RESPONDENTS AND resentatives take action, a motion to recon- requests otherwise, shall be in writing and WITNESSES sider that vote may be made only by a mem- signed by the respondent and the respond- ber who voted against the recommendation. (a) A respondent shall be informed of the ent’s counsel, the Chair and Ranking Minor- The Committee may also, by majority vote, right to be represented by counsel, to be pro- ity Member of the subcommittee, and out- adopt a motion to issue a Letter of Reproval vided at the respondent’s own expense. side counsel, if any. or take other appropriate Committee action. (b) A respondent may seek to waive any (i) Statements or information derived sole- (d) If the Committee determines a Letter procedural rights or steps in the disciplinary ly from a respondent or respondent’s counsel of Reproval constitutes sufficient action, the process. A request for waiver must be in during any settlement discussions between Committee shall include any such letter as a writing, signed by the respondent, and must the Committee or a subcommittee thereof part of its report to the House of Representa- detail what procedural steps the respondent and the respondent shall not be included in tives. seeks to waive. Any such request shall be any report of the subcommittee or the Com- (e) With respect to any proved counts subject to the acceptance of the Committee mittee or otherwise publicly disclosed with- against a Member of the House of Represent- or subcommittee, as appropriate. out the consent of the respondent. atives, the Committee may recommend to (c) Not less than 10 calendar days before a (j) Whenever a motion to establish an in- the House one or more of the following sanc- scheduled vote by an investigative sub- vestigative subcommittee does not prevail, tions: committee on a Statement of Alleged Viola- the Committee shall promptly send a letter (1) Expulsion from the House of Represent- tion, the subcommittee shall provide the re- to the respondent informing the respondent atives. spondent with a copy of the Statement of Al- of such vote.

VerDate Nov 24 2008 01:55 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MR7.026 H03MRPT1 jbell on PROD1PC69 with HOUSE March 3, 2009 CONGRESSIONAL RECORD — HOUSE H2909 (k) Witnesses shall be afforded a reason- will keep his promise to bring our ury. We cannot continue to pour un- able period of time, as determined by the troops home. The President also necessary billions of dollars into the Committee or subcommittee, to prepare for pledged to pursue sustained diplomacy occupation of Iraq when we need the an appearance before an investigative sub- with all nations of the Middle East, in- money here at home to fight our reces- committee or for an adjudicatory hearing and to obtain counsel. cluding Iran and Syria, and he prom- sion. (l) Prior to their testimony, witnesses ised to help resettle the millions of Madam Speaker, the President has shall be furnished a printed copy of the Com- Iraqis who have been displaced by the taken an important step toward devel- mittee’s Rules of Procedure and the provi- conflict. I welcome these important oping a plan to leave Iraq, but the sions of the Rules of the House of Represent- steps as well. American people have waited long atives applicable to the rights of witnesses. But I am deeply troubled by other enough for our troops and military (m) Witnesses may be accompanied by parts of the administration’s with- contractors to come home to their fam- their own counsel for the purpose of advising drawal plan. It calls for an end to our ilies. I urge the administration to them concerning their constitutional rights. The Chair may punish breaches of order and combat mission in 19 months, but up to produce a new plan, a plan that will decorum, and of professional responsibility 50,000 troops will remain in Iraq after end the occupation once and for all. on the part of counsel, by censure and exclu- that time until the end of 2011, 3 more That means withdrawing our troops sion from the hearings; and the Committee years from now, in fact. The adminis- and military contractors in 19 months, may cite the offender to the House of Rep- tration is calling these troops a ‘‘tran- or even sooner if that could happen, resentatives for contempt. sitional force.’’ Well, you can call it without residual forces and without (n) Each witness subpoenaed to provide what you want, but such a large num- private contractors left behind. testimony or other evidence shall be pro- ber of troops can only be viewed by the vided the same per diem rate as established, f Iraqi people as an enduring occupation authorized, and regulated by the Committee BORDER WAR WITH DRUG force. on House Administration for Members, offi- CARTELS cers and employees of the House, and, as the Madam Speaker, leaving 50,000 resid- Chair considers appropriate, actual expenses ual troops is simply unacceptable. So The SPEAKER pro tempore. Under a of travel to or from the place of examina- long as the United States is viewed as previous order of the House, the gen- tion. No compensation shall be authorized an occupier, the Iraqi people will not tleman from Texas (Mr. POE) is recog- for attorney’s fees or for a witness’ lost earn- be able to reclaim their full sov- nized for 5 minutes. ings. Such per diem may not be paid if a wit- ereignty and they will not be able to Mr. POE of Texas. Madam Speaker, I ness had been summoned at the place of ex- achieve the reconciliation and unifica- bring you news from the second front. amination. As reported by Sara Carter, the enemy (o) With the approval of the Committee, a tion necessary for long-term stability witness, upon request, may be provided with and for democracy in their country. has more than 100,000 foot soldiers. And a transcript of the witness’ own deposition That’s why I believe the best ap- I’m not talking about al Qaeda and I’m or other testimony taken in executive ses- proach is to bring all troops out of Iraq not talking about the Taliban in Iraq sion, or, with the approval of the Chair and by 2010 and coordinate the removal or Afghanistan. I’m talking about the Ranking Minority Member, may be per- with investments in reconciliation and drug cartels south of the border in mitted to examine such transcript in the of- reconstruction efforts. The faster we Mexico. fice of the Committee. Any such request promote unification of the Iraqi people The Mexican army isn’t much larger shall be in writing and shall include a state- than 100,000; so the drug cartels have ment that the witness, and counsel, agree to and help them to rebuild their country, maintain the confidentiality of all executive the sooner we will be able to bring all almost as many foot soldiers as the session proceedings covered by such tran- of our troops home. Mexican military. And the Mexican script. I’m also troubled with the adminis- military, we understand, has been infil- RULE 27. FRIVOLOUS FILINGS tration’s plan for several other reasons. trated by the drug cartels. And these If a complaint or information offered as a First, although the residual force of drug cartels are violent. complaint is deemed frivolous by an affirma- 50,000 troops may not have a combat There are two major ones. The tive vote of a majority of the members of the mission, they will still be in harm’s Sinaloa cartel, also known as the Fed- Committee, the Committee may take such way. Over 35,000 American troops, eration, and the Zetas cartel, which is action as it, by an affirmative vote of a ma- Madam Speaker, have already been known in America as the Gulf cartel. jority deems appropriate in the cir- killed or wounded in Iraq. We do not And they both operate down Mexico cumstances. need to add to the casualty list. way. RULE 28. REFERRALS TO FEDERAL OR STATE Second, the President said that there There are four commodities that are AUTHORITIES will surely be difficult periods and tac- being sold and traded across the U.S./ Referrals made under clause 3(a)(3) of Rule tical adjustments during the with- Mexico border. Two commodities go XI of the Rules of the House of Representa- drawal of combat troops. I worry that north and two of them go south. Going tives may be made by an affirmative vote of this means the withdrawal could be de- north, operated by the drug cartels, of two-thirds of the members of the Committee. layed. It might even mean that the ad- course, are drugs. Also, the drug car- f ministration might ultimately seek to tels working with the coyotes are The SPEAKER pro tempore. Under a renegotiate the Status of Forces Agree- bringing people into the United States, previous order of the House, the gentle- ment and keep troops in Iraq beyond both illegally done. woman from Nevada (Ms. BERKLEY) is 2011. That would lead to the worst pos- Going south are guns that the drug recognized for 5 minutes. sible result, an endless occupation of cartels end up using and, of course, (Ms. BERKLEY addressed the House. Iraq. that money, that filthy lucre that Her remarks will appear hereafter in Third, the administration has aban- funds all of this process. the Extensions of Remarks.) doned its plan to withdraw a brigade a Right here, Madam Speaker, I have a f month, with only 10,000 troops with- photograph that was taken this past drawn this year. The great majority of weekend in Juarez, Mexico, right 50,000 RESIDUAL TROOPS IS the troops will be withdrawn toward across the border from El Paso, Texas. UNACCEPTABLE the end of the 19-month period. This It’s a population of about four times The SPEAKER pro tempore. Under a means that the troop level will remain the size of El Paso. And the Mexican previous order of the House, the gentle- essentially the same for well over a government has tried to do something woman from California (Ms. WOOLSEY) year. about it. You see here federal police of- is recognized for 5 minutes. Fourth, the administration has not ficers, a convoy, that goes for a mile, Ms. WOOLSEY. Madam Speaker, last called for the withdrawal of American going into Juarez to try to control the Friday President Obama declared that military contractors in Iraq. They drug cartels. Here you have peace offi- he has ‘‘begun the work of ending’’ our must be withdrawn as well because the cers or federal peace officers or mili- Nation’s occupation of Iraq. The Amer- Iraqi people see them as part of the oc- tary with M–16 rifles. ican people have waited a long, long cupying force. Madam Speaker, it’s a war zone. It’s time to hear those words. I welcome And, fifth, keeping a large force in a border war. And I commend the the President’s announcement that he Iraq will continue to drain our Treas- President of the Mexico for trying to

VerDate Nov 24 2008 01:55 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MR7.028 H03MRPT1 jbell on PROD1PC69 with HOUSE H2910 CONGRESSIONAL RECORD — HOUSE March 3, 2009 stop the violence on his side of the bor- Mexico is doing what it can with its director of the Marine Corps League. der. But we are naive to think it’s not military, but we won’t do that because He’s a highly decorated combat ma- going to come to the United States be- we might offend somebody. rine, who served honorably off the cause eventually it will. It is a na- Down the road the United States has coast of Cuba during the Cuban Missile tional security issue, Madam Speaker. to deal with the real problem, and Crisis in 1962. He also served his coun- Some say that Mexico will be a failed that’s the tremendous addiction Amer- try in the Philippines, Korea, and Viet- state because of the drug cartels’ influ- icans have for illicit drugs. We have to nam. It is because of great marines like ence, and it’s certainly a tough situa- deal with that or this is all going to Michael Blum that I continue to cham- tion for Mexican nationals that live continue. But until we fix that prob- pion this cause for the United States along the border. I’ve been on both lem, we need to stop the crime from Marine Corps. sides of the border, and I’ve seen it’s a coming into the United States. Madam Speaker, I want to also thank tough situation for people who live It is time, Madam Speaker, that we Senator PAT ROBERTS for joining me on there because they live in fear because realize the truth because the first duty the Senate side in this effort to rename the drug cartels are fearless and they of government is not building roads the Department of Navy to the Depart- would do anything to bring those drugs and bridges and sending money to mu- ment of the Navy and Marine Corps. into the United States. seums and foreign aid. The first duty of And before I close, I would like to Our own State Department has government is to protect the people. point out the importance of this. There issued a spring break advisory: Don’t That’s the people of the United States. are many important reasons why this go to Mexico. It’s not safe to go down And our government needs to get with should take place. The history of both there. There are beheadings of local the program and send the National the Navy and Marine Corps, the fact and law enforcement officers. There Guard to the border. that they are one fighting team. But, are kidnappings of not only Mexican And that’s just the way it is. Madam Speaker, with our Marines and nationals but Americans that are being f Army and other personnel dying in Af- ghanistan and Iraq, I want to show you kidnapped now on our side of the bor- MARINE CORPS LEAGUE SUPPORT exactly why and how this would be im- der. It’s a violent place, Madam Speak- FOR REDESIGNATING THE DE- er. The United States now says that portant to a Marine family who lost a PARTMENT OF THE NAVY AS loved one fighting for this great Na- only Pakistan and Iran are more of a THE DEPARTMENT OF THE NAVY national security concern than Mexico. tion. AND MARINE CORPS I have a poster that is actually a let- That’s serious, and we should be con- The SPEAKER pro tempore. Under a ter from the current Secretary of the cerned about it. previous order of the House, the gen- Navy. It’s a condolence letter. Cer- We now understand, of course, about tleman from North Carolina (Mr. tainly I took the family’s name out the corruption in the Mexican Govern- JONES) is recognized for 5 minutes. and the deceased’s name. And I will ment. Even though President Calderon Mr. JONES. Madam Speaker, the read just one sentence, Madam Speak- is trying to do what he can, you see, Navy and Marine Corps have operated er: From the Secretary of the Navy, those drug cartels pay their criminals as one entity for more than two cen- November 18, 2008: ‘‘On behalf of the a whole lot more money than these fed- turies, and H.R. 24 would enable the Department of the Navy, please accept eral peace officers get paid, and they name of their department to illustrate my very sincere condolences on the switch sides and some of them even this fact. loss of your son Captain Joseph A. Ma- work for the federal government in For the past 7 years, the full House of rine.’’ Obviously we substituted that Mexico. So he’s put troops on the bor- Representatives has supported this last name out of respect. der. I’m talking about the President of change as part of the National Defense the Mexico. He’s put several thousands Authorization Act. This year I’m b 1645 of troops on the border. Several thou- grateful to have the support of Senator Madam Speaker, if this should be- sand went into Juarez to try to stop PAT ROBERTS, a former Marine who re- come the law of the land, and it is so, the drug cartels from operating there. cently introduced a companion bill in so justified that we would have the De- More importantly, Madam Speaker, the Senate, S. 504. I hope that the Sen- partment of Navy and Marine Corps as this is a national security issue for the ate will support the House position and one, one fighting team, this is what the United States. Both sides of the border join in bringing proper respect to the condolence letter would say, Madam are violent, and we need to do every- fighting team of the Navy and Marine Speaker. It would say the Secretary of thing we can to deal with this problem. Corps. The Marines who are fighting the Navy and Marine Corps, Wash- The first thing we need to do is real- today in Afghanistan and Iraq deserve ington D.C., November 18 of 2008, and it ize it’s going on. In last year’s election, this recognition. would say, ‘‘Dear Marine Corps Family: neither person running for President Madam Speaker, last month I had On behalf of the Department of Navy ever mentioned the border problem. the privilege of addressing more than and Marine Corps, please accept my They didn’t want to talk about that. It 200 Marine Corps veterans and retirees very sincere condolences.’’ wasn’t politically correct. at the Marine Corps League’s mid-win- Madam Speaker, this is only right. I We have to deal with this issue. We ter conference. The Marine Corps want to thank the House of Represent- have to help the Border Patrol. We League has nearly 70,000 members na- atives, Congressman and former Chair- need to change the rules of engage- tionwide, and their shared mission is man of the Armed Forces Committee, ment. The Border Patrol, right now preserving the traditions and pro- DUNCAN HUNTER, and present Chairman they can’t shoot anybody unless moting the interests of the United IKE SKELTON for always supporting this they’re shot at. They have got to take States Marine Corps. legislation, and my many colleagues the first bullet; so they back off. As in years past, I spoke to their who have done so. This year, with the We need to help the sheriffs. One of mid-winter conference about legisla- help of Senator PAT ROBERTS, I think the sheriffs down in Texas told me that tion introduced like H.R. 24 to des- this can become a reality. the drug cartels outgun them, out-fi- ignate the Department of the Navy as With that, Madam Speaker, I ask nance them and out-man them. the Department of the Navy and Ma- God to continue to bless our men and They’ve got better equipment, more rine Corps. The Marine Corps League women in Afghanistan and Iraq, to money, and more people. A deputy has proudly endorsed this legislation bless their families, to bless the fami- sheriff in South Texas makes about and has pledged to work with my office lies who have given a loved one dying $12,000 a year. A guy running drugs or to secure its passage by the House and for freedom. And I ask God three times, guns across the border will make that Senate. Over the years I have been en- please, God; please, God; please God, much in 2 weeks. It’s important that couraged by the overwhelming support continue to bless America. we help them. I have received for this change from so f And, of course, I think that we ought many members and veterans of the The SPEAKER pro tempore. Under a to put our troops on the border. If we United States Armed Forces. previous order of the House, the gen- put our troops, the National Guard, on I am honored to have the support of tleman from Oregon (Mr. DEFAZIO) is the border, people will quit crossing. Michael Blum, the national executive recognized for 5 minutes.

VerDate Nov 24 2008 01:55 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.043 H03MRPT1 jbell on PROD1PC69 with HOUSE March 3, 2009 CONGRESSIONAL RECORD — HOUSE H2911 (Mr. DEFAZIO addressed the House. But right now, if a charity wants to If it goes to 2 percent, it’s $100 billion His remarks will appear hereafter in help somebody, we can give them in sales. I am pretty excited about that the Extensions of Remarks.) money and we could deduct it from our because, presumably, a lot of that f taxes. I wish everybody in America re- money would be attributed to the The SPEAKER pro tempore. Under a alized this. We were promised so much, Greenville facility and jobs would be previous order of the House, the gentle- we were promised everything was going created there. to be better, that taxes were going to So the question is how do you get woman from Florida (Ms. ROS- be lowered, that everybody is going to from here to there? By the way, LEHTINEN) is recognized for 5 minutes. Madam Speaker, the Department of (Ms. ROS-LEHTINEN addressed the be living better, and everything has Energy says that we can, in the United House. Her remarks will appear here- been going south. States, get to 20 percent of our elec- after in the Extensions of Remarks.) We are spending money like it’s going out of style, trillions and tril- tricity being made by the wind, and we f lions of dollars, so much money that consume 25 percent of the world’s elec- WE HAVE SEVERE ECONOMIC people can’t even comprehend it and tricity. So it’s a tremendous business PROBLEMS our kids and our grandkids are going to opportunity. be paying for it with higher taxes and So how do we get from here, the in- The SPEAKER pro tempore. Under a very high inflation. And, folks, let me tention of having fuels of the future, to previous order of the House, the gen- just tell you, my colleagues, that infla- the reality of fuels of the future? Well, tleman from Indiana (Mr. BURTON) is tion ain’t too far off, because as fast as I think it’s all about economics. It’s all recognized for 5 minutes. they are printing money, it’s going to about whether there is a price signal Mr. BURTON of Indiana. Madam happen pretty fast. and an internalizing of the externals Speaker, we have got severe economic So let me just say to my colleagues associated with fossil fuels—and that’s problems. People are losing their and everybody, we really need to take what I talked about last week here on homes. People who are staying in their a hard look at that budget, and we the floor—is the need to internalize homes are having a very difficult time should not allow charitable deductions externals associated with some of our making their payments, and we really and the taxes on it to be reduced, the fossil fuels, especially coal in the case need to do everything we can to help tax deductibility reduced. And mort- electricity; and in the case of the na- them. gage interest, we should not allow tional security risk we are running Now, the Obama administration has there to be a reduction in the tax de- with petroleum, the externalities asso- a budget that they proposed, and I wish ductibility of mortgage interest. It will ciated with what comes out of our tail everybody in America was paying at- hurt the economy. pipes and the national security risk as- tention. I can’t talk to them directly, I hope President Obama is listening. sociated with what we put in the gas but if they were paying attention, I f tank. would like to tell them that President So if you start attaching those The SPEAKER pro tempore. Under a Obama’s budget cuts their mortgage externals to the price of the product, previous order of the House, the gentle- interest deduction. It reduces their then some good things start happening woman from Ohio (Ms. KAPTUR) is rec- mortgage interest deduction. and we start moving toward this in- ognized for 5 minutes. So if you have a house, Madam credible opportunity. So the oppor- (Ms. KAPTUR addressed the House. Speaker, and you are paying your tunity at hand for us in a place like Her remarks will appear hereafter in mortgage, the interest on that mort- Greenville, South Carolina, is to create the Extensions of Remarks.) gage is tax deductible, and he is going jobs by having a price signal sent to reduce, get this, he is going to re- f through the marketplace that coal, for duce the tax deductibility of part of The SPEAKER pro tempore. Under a example, is no longer going to get the your mortgage interest. previous order of the House, the gen- freebie that it has gotten. Right now, I am sure that’s going to really stim- tleman from New Jersey (Mr. HOLT) is it’s free good in the air. You can belch ulate the purchase of homes and help recognized for 5 minutes. and burn all you want without any ac- the economy. This is not what he (Mr. HOLT addressed the House. His countability for what’s going up there. promised. It’s going to be, in effect, a remarks will appear hereafter in the That’s a pretty good deal if you are tax increase. And we have got chari- Extensions of Remarks.) the one belching and burning. But if table institutions around this country, f you are the guy across the street who churches, the Salvation Army, all has got a better technology, a cleaner REVENUE NEUTRAL CARBON TAX kinds of charitable institutions that do technology, a technology of the future, so much good for this country. And we The SPEAKER pro tempore. Under a rather than of the past, then you are really, we really admire them for that, previous order of the House, the gen- not going to take out that incumbent and we give money to them, and we de- tleman from South Carolina (Mr. ING- technology until a price signal is sent duct that money from our taxes be- LIS) is recognized for 5 minutes. that could be sent by attaching the cause it’s a charitable contribution. Mr. INGLIS. Madam Speaker, the internals associated with the produc- And, you know, President Obama’s last couple of weeks I have been dis- tion of electricity by something like budget is going to reduce the amount cussing opportunity and the danger coal. that you can deduct from your taxes that we confront with our energy inse- So what I am here to suggest, Madam for charitable contributions. Now, I curity. There is this enormous danger Speaker, is that what we should be don’t know, I don’t know what the pur- that was talked about over the last looking at is a revenue neutral carbon pose of that is. I guess he is trying to couple of weeks. There is also this in- tax, revenue neutral in that you start raise more money in taxes. credible opportunity to create new with a tax reduction, reduce payroll But the fact of the matter is those jobs. taxes. In fact, I would like to eliminate charitable institutions are going to get And to give you an idea of what that them, but reducing payroll taxes is a less money because you can’t deduct means in a district, the Fourth District first step. all of that money from your taxes, as of South Carolina, one of the six in Second step, apply a transparent tax you have in the past. They are reduc- South Carolina, has the wonderful for- to carbon. The result would be that no ing it dramatically. tune of having General Electric make additional taxation would be coming to And so where are the people going to gas turbines and wind turbines there. the U.S. government. The burden go who depend on those charitable in- They have somewhere around 1,500 en- would not be greater on the American stitutions if they don’t have the money gineers and somewhere around 1,500 citizen, but we would send a price sig- to help them? Well, you guessed it, the production employees, and at that fa- nal that would cause companies like government. We will just raise your cility they make wind turbines. They General Electric to be able to see their taxes and spend more money on bail- tell me that 1 percent of the world’s way clear to make those wind turbines outs and everything else to help those electricity right now is made by the and electricity generators to buy those who are in need. wind. gas turbines because the freebie, the

VerDate Nov 24 2008 01:55 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.046 H03MRPT1 jbell on PROD1PC69 with HOUSE H2912 CONGRESSIONAL RECORD — HOUSE March 3, 2009 free good in the air, would no longer be the House remains, a cloud that will a grenade at his men, Lieutenant going to the coal-fired plants. stay as long as we fail to take action. Eslinger didn’t dive for cover, he dove So it’s an incredible opportunity for I have therefore narrowed the resolu- at the grenade, picked it up, and, like us, Madam Speaker, that we begin this tion. a Nolan Ryan fastball, threw it back at move towards fuels of the future. It I offered last week to address only the enemy. starts with sound economics, conserv- the PMA Group. The new privileged While his quick reaction saved the ative principles of accountability and resolution simply states that the lives of his men, Lieutenant Eslinger of attaching externals to internalize House Ethics Committee will inves- wasn’t finished. Like a true Texan, he the externals associated with some fos- tigate the earmark company made on took off after the enemy combatant, sil fuels. behalf of clients of the PMA Group. eventually leading to the enemy com- If we do that, Madam Speaker, the There are some who may believe that batant’s arrest and detention. For his future is very bright in creating jobs in the announcement by the PMA Group quick thinking and courageous action, America. I am very excited about that that it will dissolve at the end of the Lieutenant Eslinger was awarded our and look forward to talking about it month absolves us of our responsibility country’s second highest combat more with my colleagues as we go for- to take action. I would remind them award, the Silver Star. ward to figure out a way we can break that the omnibus spending bill that This past Saturday I had the privi- this addiction to foreign oil and to will likely go to the President later lege and the opportunity to visit Nick, power our lives in cleaner and job-pro- this week contains more than a dozen along with his mother Donna, his fa- ducing ways. earmarks for clients of the PMA ther Bruce, his brother Danny, and many neighbors and friends at their f Group. home in Missouri City. Before leaving, The SPEAKER pro tempore. Under a Let me put it in plain language. The legislation we will send to the Presi- Lieutenant Eslinger gave me a unit previous order of the House, the gen- medallion of the Charlie Company, 2nd tleman from North Carolina (Mr. dent later this week contains no-bid contracts for clients of the PMA Battalion, 327th Infantry Regiment of MCHENRY) is recognized for 5 minutes. Group, an organization that is cur- the 101st Airborne, commonly referred (Mr. MCHENRY addressed the House. rently under investigation by the De- to as ‘‘No Slack.’’ It is something I am His remarks will appear hereafter in honored to have received and some- the Extensions of Remarks.) partment of Justice. Further, there are Members of Con- thing I will carry with me with pride f gress who secured these no-bid con- for the rest of my life. Yesterday my State celebrated the INVESTIGATE THE RELATIONSHIP tracts and received campaign contribu- 173rd anniversary of the Texas Declara- BETWEEN EARMARK AND CAM- tions from the PMA Group, an organi- tion of Independence. Early in our fight PAIGN CONTRIBUTIONS zation that is currently under inves- tigation by the U.S. Department of for independence, at the Battle of Gon- The SPEAKER pro tempore. Under a Justice. If this doesn’t warrant an in- zalez, the Mexican army tried to seize previous order of the House, the gen- vestigation by the House Ethics Com- the town’s only cannon. The volunteers tleman from Arizona (Mr. FLAKE) is mittee, Madam Speaker, what does? of Gonzalez, facing a much larger pro- recognized for 5 minutes. Again, Madam Speaker, let’s be fessional military force, might have Mr. FLAKE. Madam Speaker, last clear. This is not a partisan resolution. been smart to hand over that cannon. week I offered a privileged resolution No Member of this body is referenced Instead, they raised a flag that said which would have required the House in the resolution, nor is there reference ‘‘Come and Take It.’’ In Lieutenant Ethics Committee to investigate the to a political party. The cloud that Eslinger’s brave actions, I see the same relationship between earmarks and hangs over this institution rains on Re- spirit of defiance in the face of violence campaign contributions. publicans and Democrats alike. It is and the refusal to be intimidated that This resolution was prompted by the our responsibility, all of us, to let the helped my State to achieve its inde- revelation that the Department of Jus- sun shine on this institution once pendence. tice is investigating a powerhouse lob- more. Among thousands of other men and bying firm, the PMA Group, for irreg- women who make sacrifices and per- ularities, including apparent straw- f form courageous deeds for their coun- man contributions to Members of Con- The SPEAKER pro tempore. Under a try, perhaps some at this very moment, gress. Many Members of Congress re- previous order of the House, the gen- Lieutenant Eslinger’s actions are wor- ceiving PMA contributions have gone tleman from Texas (Mr. PAUL) is recog- thy of special recognition, and I am on to secure earmarks for the firm’s nized for 5 minutes. proud to do so today. clients. (Mr. PAUL addressed the House. His Nick, thank you for the coin. Thank This is no small matter. The PMA remarks will appear hereafter in the you for your service. God bless you and Group had revenues of 18 million last Extensions of Remarks.) your family. year alone, made contributions to more f f than 100 Members of this body and se- 1700 cured some 300 million in earmarks for HONORING ARMY FIRST b its clients in one bill alone, the 2008 LIEUTENANT NICOLAS ESLINGER BENEFITS OF THE ECONOMIC Defense Appropriations bill. My resolu- The SPEAKER pro tempore. Under a STIMULUS PACKAGE tion last week was tabled with a vote previous order of the House, the gen- The SPEAKER pro tempore (Mrs. of 226–182 with 12 Members voting tleman from Texas (Mr. OLSON) is rec- DAHLKEMPER). Under a previous order present. ognized for 5 minutes. of the House, the gentlewoman from Now during the course of last week I Mr. OLSON. Madam Speaker, I would Texas (Ms. JACKSON-LEE) is recognized had numerous discussions with Mem- like to take this opportunity to intro- for 5 minutes. bers of this body who felt that the ‘‘re- duce my colleagues and the Nation to a Ms. JACKSON-LEE of Texas. Let me solved’’ clauses in the resolution were constituent of the 22nd District and a thank the Speaker for her leadership too broad, that the Ethics Committee true American hero. and the opportunity to address my col- did not have the time or resources to His name is Army First Lieutenant leagues on what I think is a very im- undertake such a task. Now, for the Nicholas Eslinger, ‘‘Nick,’’ from the portant topic. record, I disagree. I feel that with such great town of Missouri City, Texas, and Of course, first I wish to wish my a cloud as this over this House, we his actions on the battlefield of Iraq great State of Texas happy independ- have an obligation to do whatever it are nothing short of extraordinary. ence day, March 2, 2009, which was yes- takes to ensure that the dignity and While serving as a platoon leader dur- terday, and celebrate the courage of the decorum of the House are main- ing Operation Iraqi Freedom in those fighters who declared their inde- tained. Samarra during a dismounted patrol, pendence from Mexico. Texans are an But with the failure of last week’s First Lieutenant Eslinger and his men independent bunch, but we are a patri- privileged resolution, the cloud over were attacked. When the enemy threw otic bunch and we love this country,

VerDate Nov 24 2008 01:55 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.051 H03MRPT1 jbell on PROD1PC69 with HOUSE March 3, 2009 CONGRESSIONAL RECORD — HOUSE H2913 and I believe it is important to address The bankruptcy bill, which has been smaller return of tax revenues as peo- the leadership that sits just a few much maligned in certain areas, and I ple adjust their behavior to reflect the blocks away that is attempting to take am very glad we are coming together reduced value of their work. When this Nation to another level of eco- to think together, is really a bill that taxes exceed an economic tipping nomic empowerment and change. responds to the little person, the per- point, revenues begin to fall. It is important, Madam Speaker, to son who was responsible, the person California vividly demonstrated this articulate more clearly the purposes of who really feels that bankruptcy may effect in 1991 when Governor Pete Wil- the economic stimulus package and the in fact be a shameful thing to do, but son imposed the biggest State tax in- bankruptcy bill that will come to this are working every day trying to make crease in American history. That $7 floor in just a couple of days. Both of ends meet. They are making their pay- billion tax hike, a staggering combina- those bills respond to the needs of the ments, but they are falling behind as tion of increases in sales and income average working American. It is impor- they try to make those payments. and car taxes, broke the back of Cali- tant to note that the economic stim- What it does is it allows a judge to fornia’s economy. While the rest of the ulus package has no earmarks and it is assess whether that person is able to Nation’s economy expanded, the tax to generate jobs and those jobs are to more effectively keep their house if hike put California into a nosedive, in- be in the private sector. they are able to cram down the amount cluding the biggest plunge in retail Over the last 2 weeks, Madam Speak- of the mortgage. But what happens, sales in 30 years. Those taxes brought er, I have sat down in my school dis- Madam Speaker, is that if that house is in barely half of the new revenue that tricts speaking to each superintendent ultimately sold, any profit goes back had been predicted and then produced asking them to establish an economic to the lender. Where is the help for the two consecutive years of billion dollar stimulus task force that would ensure little guy? Where is the help for the a year declines in State revenues. that the dollars that would come Well, Madam Speaker, California is struggling homeowner and American through this stimulus package would about to get another very expensive who works every day? It is the bank- be, first of all, used to educate our chil- lesson in the Laffer Curve, courtesy of ruptcy court. That will not be a free dren; would be limited in its use for ad- a $13 billion tax increase just approved ride. ministrative costs; would be focusing by Governor Arnold Schwarzenegger. on saving teachers’ jobs or creating In addition, I hope to offer legislation That hike will sock an average family teachers’ jobs; would focus on Title I; that indicates that if a buyer was ma- with more than $1,200 of new taxes. and would help modernize schools and nipulated with an adjustable rate or We should watch California’s experi- hire contractors who would then hire predatory lending, that their missteps ence very carefully in the days ahead, people who are out of work in the pri- in their mortgage, that their faltering, because it is going to be a harbinger of vate sector. School districts typically does not impact their credit score, the impact that we can expect under don’t build or modernize their schools. which then ends their ability to be part President Obama’s proposed tax in- Those are jobs, $10 billion in the stim- of the economic resurgence that will creases. Although California already ulus package. come about over the next couple of has the highest sales tax in the Nation, Recently I have walked through un- months and years as we begin to see it is about to go up by 13 percent, or a employment offices to focus on getting the economic stimulus package work. penny on the dollar. Although Cali- job training dollars so that people This is not a tough task. I voted fornia has the highest income tax in could alter their careers and be able to against the TARP originally. Money is the Nation, it is about to go up another be prepared for the 21st century work- being given to big banks. But what I quarter percent. Although California’s place, such as being prepared for the believe is we have got to recapitalize sales tax is the second biggest gener- green jobs that are also part of the eco- our markets and restore our housing ator of revenue for the State and auto- nomic stimulus package. Weatheriza- market. mobile sales comprise a fifth of all tion, $5 billion for weatherization of Madam Speaker, we are on the right sales taxes, the State has also doubled our buildings and homes both in the path. Let’s do it in unity. Let’s not for- the car tax and is lobbying for new reg- cold weather and the hot weather. gets the hard-working Americans who ulations which will increase the price Those are jobs, Madam Speaker, that now need to have their day by passing of a new car by as much as $5,000. have not been created before. They are the bankruptcy bill and making sure Benjamin Franklin said that ‘‘experi- not jobs in the government. They are the stimulus package works. ence keeps a dear school, but fools will jobs in the private sector. f learn in no other.’’ Appropriately, the Madam Speaker, I went on to meet The SPEAKER pro tempore. Under a California tax increases will take effect with the Texas Department of Trans- previous order of the House, the gen- on April Fool’s Day, illustrating that portation to ensure that contracts are some people don’t even learn from ex- tleman from Arizona (Mr. FRANKS) is shovel-ready; that new small busi- recognized for 5 minutes. perience. But perhaps some good will come of nesses and minority businesses and (Mr. FRANKS of Arizona addressed it for the Nation. If California’s experi- women-owned businesses are being the House. His remarks will appear hired, that they are able to be proud of ence with the Wilson tax increases is hereafter in the Extensions of Re- what they put on the Web site and that any indication, the impact of the marks.) they actually do create jobs. Schwarzenegger tax hike is likely to be Just yesterday, I met with the mayor f immediate and devastating. I believe it of Houston, the fourth largest city in LIFE ON THE DOWNSIDE OF THE could serve as an invaluable lesson for the Nation, and the department heads, LAFFER CURVE the Obama administration, which last seeking creatively how we can enhance week announced a whopping tax in- and beautify distressed areas, de- The SPEAKER pro tempore. Under a crease of $1.4 trillion over the next 10 pressed areas, both in rural and urban previous order of the House, the gen- years, averaging about $1,800 per fam- areas, which was the purpose of the tleman from California (Mr. MCCLIN- ily per year. President’s desire. TOCK) is recognized for 5 minutes. Now, I know, the President promises By the way, Madam Speaker, I can Mr. MCCLINTOCK. Madam Speaker, these taxes will only fall on the ‘‘very tell you that earmarks should not be the Laffer Curve is a simple but elo- wealthy,’’ those folks who earn $125,000 labeled as being fraudulent. They quent method of demonstrating how in- as individuals or $250,000 as couples. should be transparent. They are not an creasing taxes reduces economic pro- But the fact is that 65 percent of those added expenditure of dollars. They are ductivity until a point of equilibrium folks aren’t really folks at all. They simply allowing the people of the dis- is reached when further tax hikes actu- are small businesses that are the very trict, the State of Texas, the State of ally reduce revenue. If the tax rate is foundation of our economy, many of New York or Mississippi or Georgia or zero, tax revenues are zero. But if the which are barely holding on as it is. California to be able to assess where tax rate is 100 percent, tax revenues The other tax will directly hammer those moneys can be used more effec- also reach zero, because there is no families with higher energy and con- tively. But we don’t have any earmarks point in working. Thus, every increase sumer prices through a $656 billion car- in the stimulus package. in a tax rate produces a progressively bon tax.

VerDate Nov 24 2008 02:38 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.056 H03MRPT1 jbell on PROD1PC69 with HOUSE H2914 CONGRESSIONAL RECORD — HOUSE March 3, 2009 Now, it is not that another example that they can create jobs, and finally about a job creation. My goodness gra- should be necessary. Herbert Hoover’s begin to decrease the amount of spend- cious. response to the recession of 1929 was to ing at the Federal level. Ninth, protect our right to vote in increase the marginal tax rate from 25 Other big thinkers across this Nation the workplace. This majority is going percent to 65 percent and to burden are providing solutions as well. One of to steal that right away with the secret international trade with steep tariffs. them is the group American Solutions ballot destruction act that they are The Obama taxes have yet to be en- headed by former Speaker of this proposing to put on the floor. We be- acted, and if passed this year they House, Newt Gingrich. lieve that it’s imperative that workers won’t take effect until 2010. By then, They recently came out with a pro- have the right to a secret ballot when California will have become a poster posal ‘‘12 American Solutions for Jobs talking about forming a union. child for ‘‘governments gone wild,’’ a and Prosperity,’’ talking about the Tenth, replace Sarbanes-Oxley. vivid warning of life on the downside of Washington solutions currently being Eleventh, abolish the death tax once the Laffer Curve, and a lesson that the produced by this administration being and for all. And, twelfth, invest in energy and rest of the Nation should pay rapt at- more money for more government, transportation infrastructure. Real so- tention to as we consider the impact of more power for more politicians, more lutions for the American people. the administration’s proposal for high- debt and more bureaucrats. That is not I urge my colleagues to take a look er taxes nationally. what will lead to real job growth and at those kinds of solutions that will ac- f prosperity. Instead, there are 12 spe- tually get the economy rolling and cre- cific solutions that I would like to LOOKING FOR SOLUTIONS TO THE ate jobs. share with the House of Representa- ECONOMIC PROBLEMS FACING 12 AMERICAN SOLUTIONS FOR JOBS & tives. AMERICA TODAY PROSPERITY First, payroll tax stimulus. A new Washington solutions of more money for The SPEAKER pro tempore. Under a tax credit to offset 50 percent of the more government, more power for politi- previous order of the House, the gen- payroll tax would immediately inject cians, more debt, and more bureaucrats will tleman from Georgia (Mr. PRICE) is rec- money into small businesses and allow not lead to real growth in jobs and pros- ognized for 5 minutes. for job creation. perity. We need a clear and decisive alter- Mr. PRICE of Georgia. Madam Second, real middle income tax re- native that creates jobs and rewards work, Speaker, we have talked a lot these saving, and investment. lief, proposing to decrease the mar- 1. Payroll Tax Stimulus. With a temporary past few weeks about the state of the ginal rate of 25 percent to 15 percent so new tax credit to offset 50% of the payroll economy and the challenges that that 9 out of 10 American workers have tax, every small business would have more Americans are facing. Certainly they a flat tax of 15 percent. Real money in money, and all Americans would take home are remarkable challenges that we face the pockets of real Americans. Real so- more of what they earn. 2. Real Middle-Income Tax Relief. Reduce all across this Nation. The stock mar- lutions. ket was again down today. the marginal tax rate of 25% down to 15%, in b 1715 effect establishing a flat-rate tax of 15% for So we look for solutions. The Amer- close to 9 out of 10 American workers. ican people are demanding solutions on Third, reduce the business tax rate. 3. Reduce the Business Tax Rate. Match behalf of those folks that they sent to Did you know, Madam Speaker, that Ireland’s rate of 12.5% to keep more jobs in Washington, and rightly so. The ‘‘solu- Mexico and Sweden and Poland and Ire- America. tion’’ I guess one could call it of the land and Hungary all have lower busi- 4. Homeowner’s Assistance. Provide tax ness taxes than the United States? If credit incentives to responsible home buyers Obama administration is the budget so they can keep their homes. that he proposed last week, and I would you’re a business trying to decide 5. Control Spending So We Can Move to a like to point out a few items on that where to put your company, you’d go Balanced Budget. This begins with elimi- budget. somewhere else other than the United nating Congressional earmarks and wasteful The deficits from that budget will be States if you were taking into account pork-barrel spending. $1.75 trillion in this year, 12.3 percent business tax rates. 6. No State Aid Without Protection From The proposal is to decrease our busi- Fraud. Require state governments to adopt of our gross domestic product, more anti-fraud and anti-theft policies before giv- than triple the previous year. A solu- ness tax rate to 12.5 percent; equal Ire- ing them more money. tion? I don’t think so. land’s, instead of the current 35 percent 7. More American Energy Now. Explore for How about national debt. This budget that we have. more American oil and gas and invest in af- that the President proposed doubles Fourth, homeowners assistance. Pro- fordable energy for the future, including the national debt in just 8 years. Do vide tax credit incentives for respon- clean coal, ethanol, nuclear power and re- newable fuels. the American people think that is a so- sible home buyers so they can stay in 8. Abolish Taxes on Capital Gains. Match lution? I don’t think so. their homes. China, Singapore and many other competi- Interest. Beginning in 2012, the inter- Fifth, control spending so we can tors. More investment in America means est that we pay on the debt will be $1 move to a balanced budget. more jobs in America. billion a day, Madam Speaker. $1 bil- Madam Speaker, did you know that 9. Protect Our Right to Vote in the Work- lion a day. That is not a solution. the budget that the President put on place. We must protect a worker’s right to decide by secret ballot whether to join a Taxes. You have heard my colleagues the table last week never gets to a bal- union. Forced unionism will kill jobs at a discuss, Madam Speaker, that this anced budget? Never, never. Red num- time when we can’t afford to lose them. budget raises taxes by $1.4 trillion, and bers as far as the eye can see. We must 10. Replace Sarbanes-Oxley. This failed law it is on everybody, not just those that have a balanced budget. is crippling entrepreneurial startups. Re- the President says can easily afford it. Sixth, no State aid without protec- place it with affordable rules that help cre- And how about spending? Well, $3.9 tion from fraud; making certain that ate jobs, not destroy them. 11. Abolish the Death Tax. Americans trillion in 2009, 27 percent of our gross the State governments ensure that should work for their families, not for Wash- domestic product, a record level, the there’s no fraud and no theft of the ington. highest level since World War II. Solu- hard-earned taxpayer money that they 12. Invest in Energy and Transportation In- tions? I don’t think so. receive from the Federal Government. frastructure. This includes a new, expanded But, Madam Speaker, the good news Seventh, more American energy now. electric power grid and a 21st century air is that there are solutions out there. We absolutely must utilize American traffic control system that will reduce delays in air travel and save passengers, em- They are wonderful solutions. Those of resources while we’re conserving and ployees and airlines billions of dollars per us who are members of the Republican while we’re finding that new tech- year. Study Committee put on the table H.R. nology that will carry us through this f 476, the Economic Recovery Act, some- century. thing that we believe would be a power- Eighth, abolish taxes on capital gain. HONORING BRENT WHITLEY FOR ful solution that would allow Ameri- We ought to match China and Singa- HIS INSPIRING EXAMPLE OF cans to keep more of their hard-earned pore, yes, Madam Speaker, China and SERVICE money, decrease some of the incredible Singapore and lower the taxes, abolish The SPEAKER pro tempore (Mrs. roadblocks in the face of businesses so the taxes on capital gains. You talk DAHLKEMPER). Under a previous order

VerDate Nov 24 2008 01:55 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.058 H03MRPT1 jbell on PROD1PC69 with HOUSE March 3, 2009 CONGRESSIONAL RECORD — HOUSE H2915 of the House, the gentlewoman from evening is the economy and a little bit ton, toward the end of his tenure as North Carolina (Ms. FOXX) is recog- of the background on what’s going on, President, he required an increase in nized for 5 minutes. where we’ve come from, where we the percentage of loans that Freddie Ms. FOXX. Madam Speaker, I rise should be going in the future. The sec- and Fannie were going to make to peo- today in honor of Brent Whitley, a stu- ond topic is going to be the topic of ple who were considered to be not very dent at Caldwell Community College in freedom. good risk kinds of loans. And so, what Watauga County, North Carolina. One of the things that I have a happened was, you have Freddie and Brent recently learned about someone chance to do is speaking to many audi- Fannie now underwriting more and in the community who was battling ences is to ask them, what is it that more loans, and you started to get a cancer, and instead of just moving on, makes America such a special place? snowballing kind of effect. Brent decided to take action. His ex- Why is it that we love our country so At that time, in 1999, the New York ample shows what can be accomplished much? And our country is so unique in Times, in its editorial page reported, I by people who set their minds on doing so many different ways. What is the se- believe it was September, that several good for others. cret to that unique nature of America? people mentioned that this is not safe, Brent is a volunteer at Watauga Med- And the word that always comes out is that we are starting to create the envi- ical Center, and during his service at the word ‘‘freedom.’’ It’s right near the ronment for another savings and loan the hospital, he noticed a posting in front of the tongue for most Ameri- disaster in America. This is 1999, people the Emergency Room about the Will cans. We’re going to be talking a bit were warning that this policy was not Dicus fund. He immediately recognized about the subject of freedom tonight. a good one. the need to help Will Dicus, a young But before we do, we do need to take Was it a free enterprise policy? man in Watauga County who has been a look at the economy, what’s going on People say the reason the economy is courageously battling cancer for sev- there, and what’s happened in the past bad, it shows the weakness of free en- eral years. and use that as somewhat of a guide as terprise. No, it doesn’t. What’s created Over his college Christmas Break, to where we should be going in the fu- the problem with our economy has Brent decided he would organize a ture. nothing to do with free enterprise. It’s fundraiser dance to help raise funds for The economy, of course, works on socialistic programs of government Will’s cancer treatment and, thus, numbers. And numbers, you can’t jumping in and telling banks and ‘‘Dance For Dicus’’ was born. cheat with them too much. People try economists that you have to take loans Brent tirelessly planned and fund- to, but the bottom line is, somebody which we think there’s a very good raised, contacting churches and busi- ends up having to pay. chance people will not pay back. Well, as the 1999 article in the New nesses and igniting a spirit of commu- And so what we have here, going on York Times indicated, this was a risky nity service. Soon, many people were in Washington, DC in the last number thing. As we move forward, we have calling and offering their services and of weeks has really been incredible. Greenspan then reducing the interest help without solicitation from Brent. We’ve charted absolutely new terri- rate, the economy getting stronger and All it took was the energy, ambition tory, I think irresponsibly. And we have heard for the last 6 years about stronger, the housing market just and selflessness of one person who sim- going up and up and up, increasing at a the tremendous cost of the war in Iraq, ply wanted to help someone in need. tremendous rate. In fact, if you looked how we’re wasting money there every To illustrate Brent’s true altruism in at its rate of increase historically, you single day. And yet, if you add up the this situation, I learned that before he would have to start to worry that it entire cost of the war in Iraq, which we began to organize this fundraising ef- might have been a bubble building. fort, Brent did not even know Will now concede is largely won, you take Well, by 2003 we have President Bush. Dicus. His desire was simply to help those 6 years of costs, add them to the And President Bush has come to the someone who needed assistance. cost of what we spent in Afghanistan, Congress. He says, hey, this is reported I’m pleased to report that the ‘‘Dance add those together now, and it’s not as in a September 11, 2003, article, again For Dicus’’ fundraiser was a success. much as what we spent in the first five in the New York Times, saying, I need The event raised more than $5,000 for weeks here in this Chamber in this sup- authority to regulate Freddie and the Will Dicus fund and, just as impor- posedly stimulus bill. Many people are Fannie. We have got big trouble with tantly, raised awareness of Will Dicus’ calling it a ‘‘porkulous’’ bill. Freddie and Fannie. They are making struggle with cancer. I had the great And so how is it that the economy all of these loans and if the real estate pleasure to be at the dance and see also got to the point that it would cause market comes down some there is the great number of volunteers who people to go into debt so tremendously, going to be the dickens to pay. You were there to help with the event. spend so much money? have got to allow me to get Freddie Brent, who is the Student Body Well, the story really goes back a and Fannie regulated. President at Caldwell Community Col- number of years. It goes back to the And in the President’s request, the lege, should be inspiration for average Carter administration and really the Congress, in those days, run by the Re- Americans everywhere. In a time when creation of Freddie Mac and Fannie publicans, passed a bill to regulate many, many Americans are facing real Mae. What happened was there were Freddie and Fannie. They sent the bill struggles, Brent Whitley demonstrated areas where it was very difficult for to the Senate, where it was killed, ac- the power of one person to make a Americans to get home loans, and cording to this article, by the Demo- meaningful difference. I applaud Brent there were places where banks didn’t crats in the Senate. for his ethic of community service. His really want to loan to people for fear Now, you have, in that very article altruistic example is a true inspiration that they wouldn’t be paid back. And that’s quoted here, the New York during these difficult times. so the Federal Government created Times, September 11, 2003, this is the f Freddie and Fannie, and those organi- Congressman now who is in charge of zations are neither private nor public. fixing the problem that was created, THE ECONOMY AND OUR FREEDOM They’re somewhere halfway in be- basically, another savings and loan The SPEAKER pro tempore. Under tween. And so Freddie and Fannie were type of problem. These two entities, the Speaker’s announced policy of Jan- given authority to help underwrite peo- Fannie Mae and Freddie Mac, are not uary 6, 2009, the gentleman from Mis- ple’s home loans and, actually other facing any kind of financial crisis, said souri (Mr. AKIN) is recognized for 60 kinds of loans as well, but primarily Representative BARNEY FRANK of Mas- minutes as the designee of the minor- for home loans. sachusetts, the ranking Democrat on ity leader. Well, as time went along, various the Financial Services Committee. The Mr. AKIN. Madam Speaker, I’m just Presidents started demanding that more people exaggerate these prob- delighted to be able to join you here Freddie and Fannie make more and lems, the more pressure there is on this evening and join my fellow col- more loans to people who would be con- these companies, the less we will see in leagues in talking about some really, sidered subprime, or that’s a way of terms of affordable housing. really exciting and important topics. saying not as good a risk. And so by Now, in looking out the back win- The first we’re going to talk about this the time that we had President Clin- dow, looking through history, we see,

VerDate Nov 24 2008 01:55 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.061 H03MRPT1 jbell on PROD1PC69 with HOUSE H2916 CONGRESSIONAL RECORD — HOUSE March 3, 2009 BARNEY FRANK was totally wrong. has occurred in our country recently. ernment is spending more money than Freddie and Fannie are the heart of Indeed, it has happened all over the it has. When I talk in speeches or when what has fallen apart and created a world. I’m on the radio, doing radio shows or world economic crisis. The crisis is cre- Mr. AKIN. Could I reclaim my time when I’m on TV, what I keep remind- ated by defaulting mortgages, and as for just a second? There’s a little, ing people is that the government has that mortgage crisis has spread and funny story about where this quote only two sources of money—that which continues to spread in the next couple came from of all things: it takes from us forcefully, from the of years, this is what’s been driving the My father is 88 years old. He was citizens who pay taxes—and the gov- bad economy. reading a flyer that had been sent to ernment does take it forcefully. Now, So there’s an irony here that the per- him from Hillsdale College, and it was we know Americans have been good son from the House that’s in charge of a quote out of a book called New Deal about paying their taxes, and they’re fixing the problem is the one who cre- or Raw Deal. It has just been pub- actually willing to pay about 25 per- ated the problem. Maybe there’s some lished. So here is my father. He gives it cent of their income in taxes—we know humor in there somewhere, I suppose. to me. ‘‘Son,’’ he said, ‘‘you don’t read that from surveys that have been So I think we need to correct the enough. Here. Take a look at this.’’ So done—but it only has two ways of rhetoric of various people that say that we’ve been using it some, but I yield doing it: taking it from us forcefully or this is a failure of free enterprise. It’s time to the gentlelady. by borrowing it. Those are the only two not. It’s a failure of a big government Ms. FOXX. Well, I’m trying to read ways because government doesn’t cre- program that was poorly managed, and The Forgotten Man right now. It’s a ate wealth. Government can destroy it’s like trying to make a dollar out of wonderful story about what happened wealth, and it can destroy wealth in a 15 cents. during the Depression and just before hurry. What’s happening with the b 1730 the Depression. I have to agree with stock market and with other savings You can’t give people mortgages you that we can’t blame all that hap- plans is a good example of that, and I when they’re not going to pay the pened then on the Democrats, although think my colleague from Missouri mortgages. they exacerbated the problem a lot, but knows that. Of course, it was more than just the I would commend that book, The For- Mr. AKIN. Well, reclaiming my time, Democrats. I’m not blaming this en- gotten Man, to folks who are watching gentlelady, I think there are a bunch of tirely on the Democrats. It was the us and to anybody else. It’s a history us—and I’m not accusing you of this— start of a failure of Congress. Beyond book, but it reads like a novel, and it’s in the baby boomer kind of category the failure of Congress, you also had really a great piece. who have just seen our 401(k)s turn other culpable parties. You had some of As I said, I want to try to tie in into 101(k)s. We understand, when the the people who were rating, some of what’s going on today with something government does things the wrong the rating agencies—Moody’s and I read recently. You’re right; we don’t way, it really can be expensive, and Standard and Poor’s—and they were get enough time to read books. We read there are different ways. One, as you rating these mortgage securities that a lot every day, but I was thinking that say, is to tax people. You don’t have to would have been chopped up and sold we need to set aside an hour a week, at pay your taxes. If you don’t, you go to all over the world. They were rating least, to read books. I’m trying to do the free hotel. that. It’s good for our souls to read them AAA. Now, how they could do Ms. FOXX. That’s right. that with a straight face, I don’t know, those kinds of things. Mr. AKIN. The other alternative is but they fed again on the Wall Street You know, Republicans have been they can, of course, borrow it. Then of tremendous level of speculation. So criticized recently for not having new course, within that category, we have that’s how we got where we are. ideas. We’ve been told on this floor Now the question is: Now that we’ve over and over again and we’ve been the other thing that we don’t hear gotten ourselves a first-rate recession told by the administration that doing much about but which has happened going, what are the things that should nothing in this situation is not accept- extensively in the last 9 months, which be done to try to fix the recession? able, so the Democrats are doing what is printing it, a form of borrowing it. There are two basic schools of they say they know to do. They say our I don’t mean to interrupt, and would thought on this subject. One of them is alternative is doing nothing. Well, that yield to the gentlelady. known as Keynesianism. It was made has never been our alternative. We’ve Ms. FOXX. Well, I want to call to the popular around the days of FDR. Also, presented lots and lots of alternatives, attention of the American people an it was something that was very much but what we have to get people to un- article that I read. You know, we’ve supported by Henry Morgenthau, who derstand is that the tried and true talked about reading. I think I read we’re going to talk about in just a issue of keeping money out of the this during the Christmas holiday. It’s minute. hands of the Federal Government and an article by Terence Jeffrey. It was I do see my very good friend, Con- leaving that money in the hands of the published in Human Events on the 5th gresswoman FOXX, from North Caro- citizens is really the best cure for this of November of last year. The title of it lina, a lady who has won all kinds of problem that ails us. Actually, it’s the is ‘‘Wanted: Small Government.’’ I just accolades in the last year or two. We best cure for a society that is free, and want to read a couple of excerpts from think of her a little bit as the toughest I want to acknowledge that. it, and then I’m going to put it in the grandmother in the entire U.S. Con- Mr. AKIN. Reclaiming my time, gen- RECORD. tlelady, what you just made is really gress, and if there’s anybody who is ‘‘Up until the 1930s, the United States an important point. pretty long in what we in Missouri re- maintained a small Federal Govern- What you’re saying is Republicans do spect, which is commonsense, Con- ment that mostly focused on the lim- have an alternative, and part of that gresswoman FOXX is certainly long in ited number of things the Constitution alternative is to stop spending money, that. authorized it to do. I would yield the floor to you, gentle- but it seems like some people down in lady. Washington, DC and a certain party ‘‘Americans were responsible for Ms. FOXX. Well, I want to thank my have their ears plastered. They don’t their own food, clothing and shelter, colleague from Missouri. I hope I can want to hear that as an alternative, and if they could not take care of tie in some of my comments with but there is an alternative. It is the themselves, they looked to their ex- where you’re going with that quote same thing that every commonsense tended family, their neighbors, their from Henry Morgenthau. We’ve used it household in America is doing, and churches, and local governments to a good bit recently, and I think it is a that is, when you’re troubled, stop give them a helping hand. really, really good quote to share with spending money. That’s a good first ‘‘Charity in America, in those days, the American people. I think we need step, isn’t it? did not mean the Federal Government to keep doing it over and over. I yield. compelling you to hand over some of I certainly share your feeling that Ms. FOXX. It absolutely is. Really, your property to the State so the State this is not a failure of capitalism, what the root of our problem is that the gov- could hand it over to someone else.

VerDate Nov 24 2008 01:55 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.062 H03MRPT1 jbell on PROD1PC69 with HOUSE March 3, 2009 CONGRESSIONAL RECORD — HOUSE H2917 ‘‘Americans did not believe in spread- In 1940, the ‘‘human resources’’ part of the with constituents, the economy is the ing the wealth—they believed in earn- federal budget consumed 4.3 percent of GDP. number one issue. I have talked to so ing it. The term ‘compassionate con- In 2009, it will consume 13 percent, or three many people who are using the words times as much. servative’ had not been coined. Before the current economic crisis hit, the that they are appalled, that they are ‘‘There was no Federal welfare state American welfare state was on an horrified with what they see happening before the 1930s. unsustainable trajectory. The Government here. They are very concerned with ‘‘That year, according to historical Accountability Office informed the Senate in what they see taking place with the data published by the White House Of- January that it estimated there was a $53 economic policies of the new adminis- fice of Management and Budget, the trillion gap between the entitlement benefits tration. entire Federal Government spent only the federal government has promised to pay Indeed, as a broker from one of our 3.4 percent of gross domestic product. over the next 75 years to people now living in fine banks in Tennessee said to me yes- Because Federal tax receipts equaled the United States and the tax revenue that terday, the stock market has voted on can be expected to pay for those benefits. to 4.2 percent of GDP in 1930, there was Then-Comptroller General David Walker said the Obama economic policies—on a Federal budget surplus equal to that for the government to cover this gap PELOSI, REID and their economic poli- eight-tenths of a percent of GDP.’’ every American household would need to put cies—and they have obviously voted HUMAN EVENTS—WANTED: SMALL up about $455,000. ‘‘no’’ because the stock market was GOVERNMENT That is the size of the mortgage the federal over 9,000 before this administration (By Terence P. Jeffrey) government has already taken out in the took control, and now we see where it name of every American family. is today, which is at 6,700. It is of great Up until the 1930s, the United States main- We got to this place because politicians for tained a small federal government that decades have been telling voters they would concern to us. mostly focused on the limited number of give them something for nothing—when We know our Nation is in a recession. things the Constitution authorized it to do. what they really meant was they would take We know that people are hurting. We Americans were responsible for their own money from one set of people and give it to know that they want to see something food, clothing and shelter, and if they could another. done, and most people fully realize that not take care of themselves, they looked to When they borrowed vast sums to keep their extended family, their neighbors, their you cannot declare a war on prosperity their welfare-state politics rolling, they were and get yourself out of a recession. churches and local governments to give them taking money away from future genera- You both have recognized, Ms. FOXX a helping hand. tions—our children and grandchildren. Charity in America in those days did not Now we are being told we face the greatest and the gentleman from Missouri, the mean the federal government compelling you economic crisis since the 1930s. And we are quote from Henry Morgenthau and the to hand over some of your property to the being offered the same solution: more federal importance of that, which is that it state so the state could hand it over to some- programs so Uncle Sam can take better care does not work, that this kind of spend- one else. of us. ing does not work. I brought a chart Americans did not believe in spreading the In other words, the politicians want to along that I felt was important to the wealth—they believed in earning it. The take out a second mortgage on top of the term compassionate conservative had not discussion that we are having. $455,000 they have already put on our backs. As my colleagues know, the Demo- been coined. America is heading down the blind alley of There was no federal welfare state before big government toward the brick wall of na- crats took control of this body in Janu- the 1930s. tional bankruptcy. The only way out is to ary ’07, and we see where we were with That year, according to historical data turn the truck completely around and head the Federal deficit, the green line. The published by the White House Office of Man- back toward small government, self-reliance orange line is discretionary spending, agement and Budget, the entire federal gov- and freedom. and mandatory spending is in the blue. ernment spent only 3.4 percent of gross do- mestic product. Because federal tax receipts Mr. AKIN. Reclaiming my time, gen- Now, we continued to hear from the equaled to 4.2 percent of GDP in 1930, there tlelady, I would like to highlight what leadership—from Speaker PELOSI, from was a federal budget surplus equal to 0.8 per- you said. Leader REID and from the President— cent of GDP. Those numbers are absolutely shock- that they inherited this debt, that they Within a decade, things changed dramati- ing. In 1930, you’re saying the Federal inherited an annual deficit, but I think cally. In 1940, Franklin Delano Roosevelt— Government was spending three point it’s important to note that they voted founder of the modern American welfare something percent of the GDP? ‘‘yes’’ on all of this. It has pushed our state—was preparing to break George Wash- Ms. FOXX. Correct. spending. ington’s self-imposed limit of two presi- Mr. AKIN. Boy. Oh, boy. I’ll bet you You can see what has happened with dential terms. Although the nation was still at peace, the there’s a lot of people who would love the spending in the past year alone. federal government had grown almost three- to see us get back to that kind of a Stimulus I was $152 billion. You’ll see fold—when measured as a percentage of number. Then the tax rate was four where it comes in there in ’08, the pre- GDP—from what it had been in 1930. Federal something, 4 percent? TARP funds. That was from March to spending in 1940 was 9.8 percent of GDP. Fed- Ms. FOXX. That’s right. No. What we September of ’08, $323 billion. Then eral tax receipts were 6.8 percent. The Treas- brought into the Federal Government there was TARP, the auto bailout— ury borrowed 3 percent of GDP to make up was 4.2 percent of GDP. Now, that stimulus II—which was $787 billion. the difference. could have been in addition to—well, it In fiscal year 2009, according to OMB’s esti- There was the omnibus, which was $410 mates, the federal government will spend 20.7 was mostly taxes, I guess. That’s what billion. Now what we have seen happen percent of GDP while taking in 18 percent of it was. with the spending is, by the end of ’07, GDP in taxes. The Treasury will borrow 2.7 Mr. AKIN. Well, I sure appreciate the Democrat-led House had moved our percent of GDP, much of it from foreign your sharing that with us. same year mandatory spending from $3 creditors, to make up the difference. You know, we are joined by another billion to $37 billion, and by the end of And that does not count the $700 billion very good friend of mine, Congress- ’08, they’d increased that number to the Treasury will borrow to fund the finan- woman MARSHA BLACKBURN. She is one $333 billion. cial industry bailout. of our great communicators, a lady Today, the federal government eats up Ms. FOXX. Would the gentlelady more than twice as much of our national from Tennessee. yield? wealth as it did in 1940 and more than six We’re just delighted to have you with Mrs. BLACKBURN. I would gladly times as much as it did in 1930. us, Congresswoman BLACKBURN, and yield to the gentlelady. What did Americans get for this massive would ask you if you want to chip in a Mr. AKIN. I would reclaim my time increase in government? More of their life is little bit here in our discussion on and yield. I’m the one who’s supposed now mortgaged to the government, and they where we are economically. I yield. to do this. are now more dependent on government. Mrs. BLACKBURN. Absolutely. I This is part of the dinner conversa- Most of the growth in federal spending has thank the gentleman from Missouri for tion here. Being the father and the guy come in the sector that the OMB calls yielding, and I appreciate the oppor- ‘‘human resources.’’ As currently budgeted, who serves the food at our dinner table, this includes federal spending on education, tunity to participate in the discussion I would recognize the gentlelady from training, social services, health programs, that is here because, as we have all North Carolina. veterans benefits and services, income secu- been home over the weekend and have Mrs. BLACKBURN. I yield my time rity programs, Medicare and Social Security. been working in our districts, meeting to the gentleman.

VerDate Nov 24 2008 02:38 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.063 H03MRPT1 jbell on PROD1PC69 with HOUSE H2918 CONGRESSIONAL RECORD — HOUSE March 3, 2009 Ms. FOXX. Thank you. I appreciate into $840 billion that we just spent a presented with its gross level of spend- the gentleman from Missouri yielding. couple weeks ago—money that we ing with its absorbitant level of tax in- I was trying to make this point don’t have—and you’re talking about creases. today, and I think it’s so important 250 aircraft carriers—can you picture So if we look here at a chart, this is that you’ve brought this up. that—end-to-end-to-end. This is a lot of a break down of the President’s pro- Let us remind the American people money. Or if you want to get one of posal of tax increases that’s in this that the Democrats took control of the those kinds of Cadillac aircraft car- budget, this budget that has $1.7 tril- Congress in January of 2007. Do you re- riers, the big long-deck ones that real- lion of new debt—not debt that was member—I remember—that we had 54 ly do all of the fancy stuff, you’re still carried over from the previous admin- straight months of job growth up until talking over 100 aircraft carriers. istration. The buck stops here. And January of 2007? Do you remember that That’s money that we don’t have that this President submitted this budget, number? we just spent, and it was supposed to be he created this new level of spending, Mr. AKIN. Yes. for stimulus; but we called it and he’s choosing to pay for some of I would yield to the gentlelady from ‘‘porkulous’’ because there wasn’t real- it—clearly not all of it—but some of it Tennessee. ly much stimulus. by one of the largest tax increases in Mrs. BLACKBURN. I thank the gen- But that’s talking about doing some the history of our country. tleman for yielding. big-time spending following that same And while he says that less than 5 Indeed, you’re exactly right. We had old Keynesian idea that if the govern- percent of the people of this country had job growth. We had had economic ment spends enough money, that ev- will pay these taxes, this chart will growth. It was basically unparalleled. erything will be okay. show you something very different, a The 2001 and 2003 tax reductions had To this engineer, that’s a little bit stark difference in what we’ve been worked. We had not seen this kind of like grabbing your bootstraps, lifting hearing; $1.4 trillion has been proposed growth since Ronald Reagan. up, and trying to fly around the room. by this President in this budget in new As the chart points out, you can look We’re joined by another very good taxes at a time, of course, that our at where the Federal deficit was, which friend of mine, STEVE SCALISE, Con- economy is in a recession. was at $8 trillion. You can look at gressman from Louisiana. I think you Mr. AKIN. Reclaiming my time a sec- where discretionary spending was wanted to also talk a little bit about ond. placed and where our mandatory spend- where we are with this level of spend- That should send the alarm bells off ing, this blue line, was placed. ing and what’s going on with these in people’s minds. When you’re having Now, what we see as the mandatory taxes. not only just a little recession but spending alone is that they grew from Mr. SCALISE. I want to thank my what’s starting to turn into almost a $3 billion to $333 billion in a 2-year pe- friend from Mississippi, as well as the depression and you’re talking about riod of time. So you can see what is gentlelady from Tennessee, because as huge tax increases, you don’t want happening with our spending. Whether we start to see the real numbers—and those two things in the same sentence, it is our discretionary or our manda- the American public has been con- I believe. tory spending, it is going through the cerned about where the economy is— I yield. roof, and of course that runs our Fed- but they are also real concerned—and Mr. SCALISE. I think when we talk eral deficit and our national debt up. we’re seeing more and more each day— about, now that we’re in a recession, real concerned about the gross level of will we be going to a depression, look b 1745 spending that’s coming out of this ad- at what happened in this 1920s and the This year alone, we’re at over $2 tril- ministration as a response to the cri- 1930s as we did go into a depression. lion in a deficit, and our President has sis. And in many cases, it was policies in just proposed a $3.5 trillion budget. I think if you look at what’s being Washington, D.C., that not only pushed So we know what is going to con- presented, and as people are now start- us into the depression but kept us tinue to happen to these lines. You can ing to look and grab some of these there for 8 years. We were in the de- look at the CBO scoring—and, see, the numbers—and we’re not just talking pression for 8 years. It took World War CBO is a nonpartisan organization. You about hundreds of billions of dollars II to get us out of it. can look at what is happening in their now; we’re talking about well over a And if you go back to 1932, the Presi- scoring and see that we’re going to projected deficit of $1.7 trillion in this dent who raised taxes during an eco- have trillion-dollar deficits as far as we budget. So it makes people harken nomic downturn that was so severe in can see with the tight spending that we back and say, number one, what levels the 1930s—Herbert Hoover raised taxes, have brought forth. do these compare to. And when you of all things, while the country was en- Mr. AKIN. Reclaiming my time. look back, you can go back—you have tering a depression. In 1932, Herbert The gentlelady from Tennessee has a to go all the way back to World War II Hoover on his way out as being voted very, very effective chart. And what to find a budget, a level of spending out as President, he raised taxes dra- you’re pointing out is that we’re in un- that’s presented in this budget, a level matically. We’re seeing the same proc- charted waters. We have not dared to of spending that’s as high a gross do- ess followed again. And then the people take and swallow this much debt in the mestic product of a percentage of GDP say, ‘‘Those who don’t learn from his- past. that we’ve had. And we haven’t had tory are doomed to repeat it.’’ I was trying to put some kind of a this high a level of spending since When this country was entering the handle on what we passed just a couple World War II. Great Depression in the 1930s, they of weeks ago on this House floor on So if you go back to World War II raised taxes dramatically, and it about—I think it was—what was it, and, of course, the Great Depression helped—that and the gross level of $840 billion. Now, I don’t make that right before it, it really sparks a lot of spending—helped make that an 8-year much money. So I tried to think, Well, comparisons that are frightening. And process instead of a short depression what’s something big that the Federal I think that’s where the public is, but that we could have gotten out of. Government buys. And because I’m on that’s where the markets are. I know So if I can go back to this chart. Armed Services, I think of aircraft car- my friend from Tennessee talked about Where are the taxes going to be paid? riers. They’re bigger than tanks. that, too. The markets are responding Who’s going to be paying for those They’re like a whale. They’re tremen- to what’s happening here in this city in taxes? It’s $636 billion of those new dous. Well, an aircraft carrier, we’ve Washington, D.C., and it’s not good. taxes are going to be thrown onto the got 11 of them. And they’re valuable. Their reaction is not good, what that backs of our small business owners. So And we put other ships around them to means for people’s 401(k)s. Just in the when they talk about people who make guard them. And we don’t make air- last 2 months, people have lost 20 per- over $250,000 a year—and I know some craft carriers very often because cent of their 401(k)s because of the re- people want to pay class warfare and they’re so expensive. sults of these policies not only that try to divide this country at a time So let’s take the average cost of were passed in the spending bill just 2 when we need to be uniting this coun- those 11 aircraft carriers and divide it weeks ago, but this budget that’s been try and finding real solutions—they

VerDate Nov 24 2008 01:55 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.064 H03MRPT1 jbell on PROD1PC69 with HOUSE March 3, 2009 CONGRESSIONAL RECORD — HOUSE H2919 talk about that top 5 percent. Well, Mr. AKIN. Reclaiming my time. have a feeling what you’re telling us is who is that top 5 percent? That’s the I think there must be something true. In fact, I know it is true. small business owners in our country wrong with your chart here because I Mr. SCALISE. If I could ask for the who have created 70 percent of our was just on this floor last week, and I gentleman to yield for one moment. jobs. heard the President say that nobody Mr. AKIN. I would yield for one So if anybody can explain to me how making less than $250,000 is going to minute. raising $636 billion in new taxes on the pay any of these taxes. And I said, ‘‘I’m Mr. SCALISE. There is one bit of backs of those very people who are cre- glad I’m not going to have to pay these good news. While these are difficult ating the jobs that our economy needs, taxes because I make less than $250,000 times, while there’s a lot of bad news— how is that going to get our economy a year.’’ And now you’re ruining my and as people look at these details, it back on track? That’s something that whole evening by telling me that that frightens a lot of people. But this has the markets are reacting to and people isn’t true. Is that what you’re saying? not been passed into law yet. These are across this country are starting to re- I yield. proposals the President just filed this alize that it’s a frightening realization. Mr. SCALISE. I’m sorry if you al- last week. We haven’t even started Mr. AKIN. This is something I want ready ate dinner. I’m sorry to upset having hearings in Congress. If people to be very clear in our discussion this your stomach. But a lot of people all across this country—as I’m sure evening. We’re having this, like a din- across the country are starting to get they will do when they start realizing ner conversation. very upset as they see the realization the negative impacts to our economy What I want to make clear is that of these proposals because change as a of these new taxes, these massive the Republicans are not just saying concept sounds great. There are a lot of taxes—people, I think, are going to ‘‘no.’’ What you’re saying is, You’re things we need to change about Wash- start lighting up those phones. They’re doing the wrong thing which will make ington, D.C. In fact, we’ve proposed an going to start calling their congress- the economy worse. alternative H.R. 470. You can actually men. They’re going to call the White Now, what you’ve gotten to in your go on line. We put our proposals on House. And they are going to say chart here is the absolute crux of what line. We put that proposal out there enough is enough. has worked in the past to pull us out of weeks and weeks ago. H.R. 470 is a true The spending and the taxes, just like alternative to get our economy back on a recession. And it’s not the govern- in the 1930s, didn’t work. Don’t take track. ment that pulls us out of a recession; my word for it. Listen to the Treasury What we’ve been presented with, un- it’s the marketplace. And it’s particu- Secretary under FDR. This has been larly the entrepreneurs and the inven- fortunately, with this administration is the oldest failed policy that will tried before and it’s failed before. Not tors and the investors and those small only did it fail, it pushed us into a business people. And what do small keep us deeper in a, not only recession, but can throw us into a recession; and deeper depression. And I think the pub- business people need in order to create that is a tax-and-spend approach, lic across this country is going to say, all of those jobs—because depending on which has been proven to fail every ‘‘Enough is enough. We’re not going to what you call a small business, you’re time. take these new taxes and this ridicu- talking 70 to 80 percent of the jobs in So this cap and trade program right lous level of spending,’’ and the public America come from small businesses. here, this is—they can call it whatever can stop this. So if you harm the small business they want, but when you start having Mr. AKIN. Reclaiming my time. guy—even though he may be fairly to pay higher fees on your utility bills, I think you’re a little bit of a proph- well-to-do—you’re cutting off your that’s a tax to you. That’s a tax in- et, gentlemen, because they were nose to spite your face. And what’s crease. If your utility bill goes up and dumping tea in the river in St. Louis going to happen when you take $636 bil- you’re using the same amount of en- this last weekend. I think people are lion out of small businesses—that’s the ergy because of this carbon tax $646 bil- starting to get wise and they’re getting money they need to invest in new lion, if people across the country don’t upset. equipment, new processes, new proce- think that’s going to result in some- I also am just thankful that we’re dures and innovation which is going to thing that’s going to have a significant joined by a very good friend, a very dis- result in hiring the people that need to impact on their budgets as they’re tinguished colleague from this House, be hired. tightening. And people are conserving Congressman PENCE from Indiana. So what’s happening here is this pol- energy. People are tightening their I would yield time to my good friend. icy is economically crafted to make belts. I know that you have very good in- the problem worse. But as they’re conserving that en- sights on these issues. I would yield to my colleague. ergy, they’re going to be getting hit Mr. PENCE. I thank the gentleman Mr. SCALISE. What you said is ex- with $646 billion in new taxes on top of for yielding, and I thank him and all of actly true. And there is a double the $636.00 billion that our small busi- my colleagues who will speak here this whammy on this budget on the tax in- nesses will be hit with. evening for taking the opportunity, creases that have been proposed. Not Mr. AKIN. Reclaiming my time. Mr. Speaker, to come to this floor and only do $636 billion in new taxes get You can be making $20,000 dollars a talk about facts. thrown onto the backs of small busi- year, and you are still going to be Facts are stubborn things. And it nesses all across this country, but then burning some natural gas and using seems like we’re living in a time right they come through the back door; and some electricity; is that right? now of soaring rhetoric. But the facts this is where the rest of the 95 percent Mr. SCALISE. That’s not only right, underpinning the Democrat budget are of the people that supposedly aren’t but those people in the lower incomes jarring, and they represent a funda- going to pay a new dime in new taxes, are the ones that are least likely to be mental departure from the course of this is where they get hit. able to afford these massive tax in- American governance. This is their energy proposal on cap creases they get on their utility bills. b 1800 and trade. A carbon tax. This is some- Because if your utility bill goes up thing that you haven’t heard a lot of even though you’re using the same And we need to talk about those people on the Democratic side talking amount of energy, or in some cases things. I mean, the American people about because as people see what this you’re using less energy—maybe you understand that the Federal budget is, does, they realize this is where every- actually went and put some insulation in itself, the way a party and an ad- body else pays more money: $646 in new in your attic because you wanted to ministration lays out its vision for the taxes on energy production in this lower your rates—this carbon tax is ac- future of the country. The American country. And, of course, all across this tually going to raise your utility bills people deserve a budget that is fiscally country as energy taxes are increased, even though you’ve done those things. responsible and puts jobs first. And as who pays for those taxes? That’s not Mr. AKIN. Reclaiming my time, gen- has been said on the floor before, the something that they just absorb. They tlemen. budget offered by this administration have the authority to pass that on to You’re getting me all upset. You’re and supported by our Democratic col- rate payers. ruining my entire evening here. But I leagues in the House fails on both

VerDate Nov 24 2008 01:55 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.065 H03MRPT1 jbell on PROD1PC69 with HOUSE H2920 CONGRESSIONAL RECORD — HOUSE March 3, 2009 counts. The American people know we small businesses in this country and in ing working families, small business can’t borrow and spend and bail our places like Indiana; 70 percent of peo- owners, family farmers more of their way back to a growing economy. ple get up and go to work every day in hard-earned tax dollars to keep and And history has shown that the poli- a small business. More than 50 percent spend. That’s the pathway to pros- cies that are embraced in the Obama of the American people who file income perity. budget will actually take our country tax returns at or above the level that The President’s budget, the Demo- not out of recession, but very likely the President intends to raise taxes are crats’ plans are a pathway to increased deeper into recession. The last Presi- small business owners filing their taxes recession and hardship for the Amer- dent of the United States to raise taxes as individuals. And so we ask the ques- ican people, and we must reject them. during a recession was Herbert Hoover, tion, Mr. Speaker, of the American Mr. AKIN. Well, I reclaim my time. who managed, by his deeply flawed people looking in, do you think raising And I would once again thank the gen- judgment and policies, to take a strong taxes on your employer at the small tleman from Indiana for joining us. recession in the 1920s and turn it into a business where you work is a pathway We have all kinds of expertise here decades-long depression in this coun- to recovery in America? Is it going to tonight. And Congresswoman LUMMIS try. And yet here we stand again at a make your job more secure or less se- from Wyoming, my understanding is crossroads in our Nation’s history cure? Leave aside the so-called cap and Wyoming has only got one Congress- when so many families are hurting, so trade bill, but raising the utility rates, woman, if I’m correct. many small business owners are strug- the electrical bills for every home- I yield. gling under this economic downturn. owner in America, every business in Mrs. LUMMIS. Thank you very much Mr. AKIN. Reclaiming my time, gen- America—— for yielding. tleman, what you’re saying is we’re Mr. AKIN. Just reclaiming my time Mr. Speaker, it’s a privilege to par- just not learning from history. It’s not for a minute, gentleman, what you’re ticipate in this discussion. that the economy is brand new, there suggesting is, one, what’s being done is As a new member of the Budget Com- are patterns here. It’s not that the Re- exactly the wrong thing. And if you mittee, I learned today that the Presi- publicans are the party of ‘‘no,’’ it’s want a positive Republican rec- dent’s budget would project the levels the fact that these solutions don’t ommendation, it would be to do the op- of spending in the war in Iraq at the work and they’re going to hurt our posite of that, right? In other words, same level that they are during the constituents, and that’s why we get a what we would be saying would be, surge, and use that dollar amount and little excited about them. look, if you’ve got 70 or 80 percent—de- project it out to the year 2019. It does I mean, here you have the quote from pending on how big you call a small not account for the fact that President Henry Morgenthau, he is the guy that, business—if that’s where 70 to 80 per- Obama has decided to withdraw combat along with little Lord Keynes, came up cent of the jobs in America are, you troops from Iraq in August of 2010, but with Keynesian economics. And he want those small businesses strong. for this manner: if you project that says, After trying it for 8 years, our How do you make them strong? They spending is going to go up when you theory didn’t work. Our unemployment have to have enough liquidity, enough factor in inflation until 2019 at surge is as bad as it was before, and now capital to be able to invest in entrepre- levels, and then you project that we’re we’re in debt. And what we’re trying to neurial ideas, to put in more produc- going to withdraw troops, that gives say is, don’t accuse us of not having so- tive assembly lines or machines or you $1.6 trillion that the administra- lutions, the solutions are there; but processes. So you have to invest, and tion is choosing to spend on other pro- don’t repeat history’s mistakes. you have to let that money work for grams. In other words, that money I didn’t mean to interrupt, but just you. And you have to leave it with the won’t be saved, it will be redirected continuing to yield to my good friend small businessman. But if you vacuum into other components of this Presi- from Indiana, Congressman PENCE. it out of his pockets with massive tax dent’s budget. Mr. PENCE. Well, I thank the gen- increases, he’s not going to have the Mr. AKIN. Reclaiming my time, are tleman for yielding, and I thank him money to invest, and he’s going to lay you saying in a way you’ve almost got for his typical eloquent insight. We are off more people, it’s going to make a sneaky cut in defense spending? not paying attention to history. We are things worse. So the solution is, quite I yield. not learning from the candid comments simply, leave more money for the Mrs. LUMMIS. Thank you for yield- like the Secretary of the Treasury small businessman and back off the ing. It does, in a way, accomplish just under President Franklin Delano Roo- spending pedal a little bit. that because it’s taking money that is sevelt, who realized at the end of I don’t mean to get overexcited. I being spent on defense now and rerout- America’s lost decade of the 1930s that want to yield again to my good friend ing it into domestic spending that is they couldn’t borrow and spend their from Indiana, and then go to a wonder- discretionary and creates new pro- way back to a growing nation. And yet ful new Congressman from Wyoming. grams. Now, I would not object to that here we are again. Mr. PENCE. Let me say as I close, I but for the fact that this increased But I hasten to add, not only are we want to thank the gentleman for lead- spending is in addition to new taxes. piling on our children and grand- ing this hour of debate and say that And the gentleman was accurate in children a mountain range of debt to there are two things that Republicans pointing out the effect that that will pay for—beginning with the stimulus believe we ought to be doing. Number have on small business. bill, and now the omnibus bill, and now one is, we ought not to be growing the As you know, my State of Wyoming the President’s budget—a trans- Federal budget beyond any reasonable is all small businesses, that an indi- formation of government spending pri- expectation of the American people. vidual tax rate of $200,000 will trigger a orities along liberal lines, but they in- We shouldn’t be engaging in the run- tax increase, that filing jointly at tend to pay for it, in part—because away spending of the so-called stim- $250,000 in income will trigger a tax in- we’re talking about record deficits. ulus bill, the omnibus bill and the crease. And correctly you have pointed Even if the President hits his deficit President’s budget. We ought to be out that the brunt of that is going to reduction mark in 4 years, it will still doing what every family farm, every fall on small business. be a half a trillion dollar deficit, which small business, every working family is Small business has been pegged as I remember Democrats decrying during doing, and that is finding places to the opportunity for growth in this Republican control of the Congress. save, finding places to cut back. And country through the entrepreneurial But beyond all that, they’re going to then, as the gentleman said, we ought free enterprise ethic. And if that ethic pay for it, in part, with tax increases to be doing what John F. Kennedy did, is thwarted through high taxes, that on small business owners and family we ought to be doing what Ronald will be a component of our country farmers. Reagan did, we ought to be doing, as a that is not growing. That is the compo- As the gentleman just described very country, what this Congress and nent of our country that is creating 70 eloquently, the American people de- George W. Bush did after the Towers percent of the new jobs. So as large em- serve to know a couple of facts. Sev- fell, and that is, not giving Washington ployers lay off employees because they enty percent of Americans work in more money of ours to spend, but giv- were ‘‘too big to fail’’ and then failed

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Reclaiming my time, lady, off and won an award. with somebody in my office earlier I think what I’m hearing you say is The direction that we’re taking with today who had 64 employees. The ques- what we’ve been trying to emphasize our Federal government I believe is an tion for us is how are they going to get all the way along. impediment to the success of those to 100? And it’s not more government. There are a couple of basic things we people. As I looked them in the eye, I It’s not funding these outrageous pro- need to do with the situation that didn’t have anything to tell them that grams that are going to do nothing for we’re in, a situation that was created the stimulus or this budget would truly that local entrepreneur. not by free enterprise, but by failed help them with. This budget takes Mr. AKIN. Well, reclaiming my time, government programs that issued a from the American people; it doesn’t I really appreciate your perspective. whole lot of loans with government give more of life, liberty and the pur- And I wish we had a little bit longer guarantees on them that people suit of happiness. And fundamentally, amount of time to talk with you be- weren’t going to pay. And so we got that’s what we here in the United cause I’d love to get into that subject ourselves in a lot of trouble, but it States Congress are supposed to be of freedom a little bit. But I know that doesn’t mean that it’s the end of the doing. It’s about who is going to con- we’ve also got a little Texas wisdom world. There are ways to fix these trol the destiny of our country. here in the Chamber here tonight, and problems. I believe in less government. The I just feel like it would be a shame not America has been through a lot of President says he believes in less gov- to yield to Congressman GOHMERT from hard times. A lot of people are kind of ernment. But when you look at the Texas, actually a former judge and a discouraged right now, but they don’t budget, it’s more government, it’s gentleman noted for a good sense of have to be. There are solutions, it’s more government spending. humor as well, and we need a good been done before—J.F.K. did it, Ronald I’m mystified when they make the sense of humor on this subject; so I Reagan did it, even Bush did it in 2003. argument—— would yield to my good friend Con- You can see the result of the dividend Mr. AKIN. Reclaiming my time, last gressman GOHMERT from Texas. capital gains—the exact effect of what week we voted on what was called an Mr. GOHMERT. I appreciate my you’re talking about, putting money in omnibus. It was basically nine budget friend’s yielding. Actually, I don’t have a lot of humor the pocket of the small businessman— bills all in a row stacked together. And to throw into this issue tonight. But I not putting it in, but just letting him the result of that, just on the surface, had read a Wall Street Journal article keep it, just getting off the taxes on was an 8 percent increase, which if you today. It was in today’s Wall Street the small businessman. don’t believe in increasing government, Journal. And just the opening para- And look what happens here to gross why kick it up by eight? That’s the graphs, if I might share that because domestic product. These are the years largest increase since back in the sev- there’s a lot of wisdom in here: of Bush before this tax cut went in enties under Jimmy Carter, Democrat ‘‘As 2009 opened, 3 weeks before place. And take a look at what jumps. Jimmy Carter. But 8 percent is really Barack Obama took office, the Dow You go from an average of 1.1 percent what it was because you’ve got to put Jones Industrial Average closed at 9034 to 3.6 year after year because of the all that porkulous money into the on January 2, its highest level since fact you did just what the wise woman budget. When you do that, it’s an 80 the autumn panic. Yesterday the Dow from Wyoming is saying. percent increase in the growth of all of fell another 4.24 percent to 6763, for an And then if you want to say, well, these government programs. overall decline of 25 percent in 2 what happens when GDP goes up? Well, Somebody wrote a little note to me, months and to its lowest level since here you go; here’s what the job num- I went to a Lincoln Days talk this 1997. The dismaying message here is bers look like; same time period, May weekend, and they said, the trouble that President Obama’s policies have 2003, we do the dividend capital gains with socialism is is that sooner or later become part of the economy’s prob- tax cut. These are all job losses below you run out of other people’s money. lem.’’ the line, everything above the line is a And I thought, that sounds like some- And to finish up here: job gain. It’s an investment just basi- thing that might have possibly been ‘‘Americans have welcomed the cally allowing a small business, like an coined out in Utah. It’s just common Obama era in the same spirit of hope engine, to have enough liquidity and sense. the President campaigned on. But after money to be able to make it run so I will yield. 5 weeks in office, it’s become clear that that it can create those jobs and put Mr. CHAFFETZ. If the gentleman Mr. Obama’s policies are slowing, if not America—and the other chart that would yield. stopping, what would otherwise be the we’re missing is what happens to Fed- You know, as we look at this, I liken normal process of economic recovery. eral revenues. And Federal revenues go it to a house. The furnace has gone out; From punishing business to squan- up like a rocket because you’ve got all it’s the middle of the winter and the dering scarce national public resources, these people working and the economy furnace has gone out. So what are we Team Obama is creating more uncer- going strong. going to do? Well, we’ve been off re- tainty and less confidence and thus a We are also joined here this evening decorating the kitchen and we’ve re- longer period of recession or subpar by Congressman CHAFFETZ from Utah. modeled the basement and we bought growth. And it is just a delight to have you on new drapes. We did everything except ‘‘The Democrats who now run Wash- the floor and to hear from some people fix the furnace. And that furnace is the ington don’t want to hear this because out west. So I hope that you enjoy join- American entrepreneur, it’s that man they benefit from blaming all bad eco- ing our little dinner conversation this or woman who is going to start their nomic news on President Bush.’’ evening. local business. And you’ve got to look This is the Obama economy now. The I yield. at the stimulus and say, what’s in it jobs that are being lost are because Mr. CHAFFETZ. Thank you. I appre- for them? Less than 1 percent was tax companies are finding no hope in this ciate it. cuts for that type of person, less than latest stimulus whatever you want to I am deeply concerned about the di- 1 percent. call that package or all the other rection of this country. I know there spending. are people out there that are suffering. b 1815 And I appreciate the gentleman’s I recently had an opportunity go to We said we were going to build roads yielding because I do find this very dis- the Payson City Chamber of Commerce and bridges and rebuild America; yet tressing. We’re in the Obama economy. and meet with small local business only 3.4 percent of that stimulus actu- Mr. AKIN. Reclaiming my time, it people. The Mayor was there, Mayor ally went to those types of activities. does my heart a great deal of sadness

VerDate Nov 24 2008 01:55 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.068 H03MRPT1 jbell on PROD1PC69 with HOUSE H2922 CONGRESSIONAL RECORD — HOUSE March 3, 2009 to see my friend from Texas without a LEAVE OF ABSENCE lowing titles were taken from the little bit of a twinkle in his eye, which By unanimous consent, leave of ab- Speaker’s table and, under the rule, re- is so commonly there. But this is a sence was granted to: ferred as follows: very serious subject. We try not to yell Mr. BACA (at the request of Mr. S.J. Res. 12. Joint resolution proclaiming and scream too much about it, but we HOYER) for today on account of attend- Casimir Pulaski to be an honorary citizen of know that economically what’s being ing a funeral. the United States posthumously; to the done is going to harm our constituents. Committee on the Judiciary. Mr. ELLISON (at the request of Mr. S. Con. Res. 9. Concurrent resolution sup- It’s getting rid of jobs. It’s making the HOYER) for today on account of con- porting the goals and ideals of Multiple Scle- small businessman have to basically stituent business in the district. rosis Awareness Week; to the Committee on shutter down and to keep his operation Mr. PERRIELLO (at the request of Mr. Energy and Commerce. small, which is exactly the wrong thing HOYER) for today and the balance of f for what we should be doing. the week on account of a death in the ADJOURNMENT And why is it that we need all of this family. money? That is the question that I Mr. STARK (at the request of Mr. Mr. AKIN. Mr. Speaker, I move that think we need to be asking. Why is it HOYER) for today and the balance of the House do now adjourn. that we have to be spending all this the week on account of illness. The motion was agreed to; accord- money on government programs? And Mr. GARY G. MILLER of California (at ingly (at 6 o’clock and 21 minutes the answer seems to me to be, again, the request of Mr. BOEHNER) for today p.m.), the House adjourned until to- we’re not learning very well from his- and the balance of the week on account morrow, Wednesday, March 4, 2009, at tory. Just bear with me for a second. of medical reasons. 10 a.m. I’d like to get your perspective on this. Mr. KING of Iowa (at the request of f A certain number of years ago, there Mr. BOEHNER) for today on account of EXECUTIVE COMMUNICATIONS, was a thing called the Soviet Union, the birth of his grandson. ETC. and they were bad guys. And they were f Under clause 8 of rule XII, executive a bunch communists and they were so- SPECIAL ORDERS GRANTED communications were taken from the cialists. And what was it that they By unanimous consent, permission to Speaker’s table and referred as follows: thought? They thought the job of the 754. A letter from the Assistant Secretary government should be to provide you, address the House, following the legis- lative program and any special orders for Installations and Environment, Depart- first of all, with a job, and then they ment of the Navy, transmitting notification wanted the government to give you heretofore entered, was granted to: of the Department’s decision to cancel the health care and food and housing and (The following Members (at the re- Office of Management and Budget Circular an education. And one thing particular quest of Ms. WOOLSEY) to revise and ex- A-76 public-private competition for the Com- about them, they didn’t want you to tend their remarks and include extra- mander, Navy Installations Command (CNIC) talk about God ever. neous material:) Safety Support Services competition at loca- Ms. BERKLEY, for 5 minutes, today. tions nationwide; to the Committee on Now, in our country, let’s see, we’ve Ms. WOOLSEY, for 5 minutes, today. Armed Services. got all this government spending going Mr. DEFAZIO, for 5 minutes, today. 755. A letter from the General Counsel, Government Accountability Office, trans- on so the government can provide you Ms. KAPTUR, for 5 minutes, today. with health care and a job and food and mitting the Office’s report on allegations in- Mr. HOLT, for 5 minutes, today. volving the Department of Defense Office of housing and an education and it’s po- (The following Members (at the re- litically correct not to talk about God Public Affairs Outreach Program, pursuant quest of Mr. PRICE of Georgia) to revise to Public Law 110-417, section 1056(c); to the because if you did that, gentlemen, and extend their remarks and include Committee on Armed Services. you’d realize your rights come from extraneous material:) 756. A letter from the Director, Regulatory God. Life, liberty, the pursuit of happi- Mr. FLAKE, for 5 minutes, today. Management Division, Environmental Pro- ness, not big government nanny state. Mr. WOLF, for 5 minutes, March 4 and tection Agency, transmitting the Agency’s And I just wanted to toss that out to 5. final rule — Approval and Promulgation of Air Quality Implementation Plans; New you to see if I could get a response Mr. CALVERT, for 5 minutes, March 4. Hampshire; 2009 Motor Vehicle Emissions from my good friend from Texas. Mr. POE of Texas, for 5 minutes, Budgets for the Boston-Manchester-Ports- I yield. March 10. mouth (SE), New Hampshire, 8-Hour Ozone Mr. GOHMERT. If we have time, Mr. INGLIS, for 5 minutes, today and Nonattainment Area. [EPA-R01-OAR-2008- when I was an exchange student in the March 9. 0485; A-1-FRL-8771-3] received February 24, Soviet Union back in 1973, I went out Mr. MCHENRY, for 5 minutes, today, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the to a collective farm, and I’ve worked March 4, 5 and 6. Committee on Energy and Commerce. on farms and ranches. It was about mid Mr. JONES, for 5 minutes, March 10. 757. A letter from the Director, Regulatory morning. The farmers obviously hadn’t Mr. PAUL, for 5 minutes, today, Management Division, Environmental Pro- March 4 and 5. tection Agency, transmitting the Agency’s been working. The field was suffering. final rule — Nevada: Final Authorization of Mr. OLSON, for 5 minutes, today. And I said in what Russian I could State Hazardous Waste Management Pro- speak back then, ‘‘When do you work Mr. FRANKS of Arizona, for 5 minutes, gram Revision [EPA-R09-RCRA-2008-0726; in the field?’’ today. FRL-8771-8] received February 24, 2009, pur- And they all laughed. And one spoke Mr. MCCLINTOCK, for 5 minutes, suant to 5 U.S.C. 801(a)(1)(A); to the Com- for them in Russian and said, ‘‘I make today. mittee on Energy and Commerce. 758. A letter from the Director, Regulatory the same number of rubles if I’m out Ms. FOXX, for 5 minutes, today. Mr. PRICE of Georgia, for 5 minutes, Management Division, Environmental Pro- there in the field or if I’m here in the today. tection Agency, transmitting the Agency’s shade.’’ (The following Members (at their own final rule — Outer Continental Shelf Air That is why socialism doesn’t work. request) to revise and extend their re- Regulations Consistency Update for Florida Mr. AKIN. So reclaiming my time [EPA-R04-OAR-2008-0605; FRL-8769-5] re- marks and include extraneous mate- ceived February 24, 2009, pursuant to 5 U.S.C. once again, the problem with socialism rial:) is sooner or later we run out of other 801(a)(1)(A); to the Committee on Energy and Ms. JACKSON-LEE of Texas, for 5 min- Commerce. people’s money. utes, today. 759. A letter from the Director, Regulatory That concludes our 1 hour. I just Ms. ZOE LOFGREN of California, for 5 Management Division, Environmental Pro- thank all of my colleagues from all minutes, today. tection Agency, transmitting the Agency’s over the country joining us tonight. final rule — Outer Continental Shelf Air f Next week we will try to get into free- Regulations Consistency Update for North dom a little more heavily, but the SENATE JOINT RESOLUTION AND Carolina [EPA-R04-OAR-2008-0681; FRL-8769- economy is certainly a top topic and CONCURRENT RESOLUTION RE- 6] received February 24, 2009, pursuant to 5 FERRED U.S.C. 801(a)(1)(A); to the Committee on En- that’s why we have given it a lot of at- ergy and Commerce. tention this evening. A joint resolution and a concurrent 760. A letter from the Chairman, Nuclear God bless you all. Good night. resolution of the Senate of the fol- Waste Technical Review Board, transmitting

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the Board’s report entitled, ‘‘Report to The POE of Texas, Mr. PAUL, Mr. COHEN, vehicles; to the Committee on Energy and U.S. Congress and The Secretary of Energy,’’ Mr. GOODLATTE, Mr. DREIER, Mr. Commerce. pursuant to Public Law 100-203; to the Com- DANIEL E. LUNGREN of California, Mr. By Mr. ENGEL (for himself and Mr. mittee on Energy and Commerce. KANJORSKI, and Ms. WASSERMAN BARTON of Texas): 761. A letter from the Executive Director, SCHULTZ): H.R. 1258. A bill to amend the Communica- Human Rights in China, transmitting a H.R. 1255. A bill to protect the interests of tions Act of 1934 to prohibit manipulation of background report relating to the recent each resident of intermediate care facilities caller identification information, and for Universal Periodic Review (UPR) of China’s for the mentally retarded in class action other purposes; to the Committee on Energy human rights record at the United Nations lawsuits on behalf of such resident; to the and Commerce. in Geneva; to the Committee on Foreign Af- Committee on the Judiciary. By Mr. UPTON (for himself, Mr. fairs. By Mr. WAXMAN (for himself, Mr. LARSEN of Washington, Mr. EHLERS, 762. A letter from the Staff Director, PLATTS, Mr. TOWNS, Mr. LYNCH, Mr. Mrs. BONO MACK, and Mr. GORDON of United States Commission on Civil Rights, PALLONE, Mr. DINGELL, Mr. RANGEL, Tennessee): transmitting notification that the Commis- Mr. ABERCROMBIE, Mr. ACKERMAN, H.R. 1259. A bill to amend the Federal sion recently appointed members to the Ala- Ms. BALDWIN, Mr. BARROW, Mr. Food, Drug, and Cosmetic Act with respect bama Advisory Committee, pursuant to 41 BERRY, Mr. BILBRAY, Mr. to the distribution of the drug CFR 102-3.70; to the Committee on the Judi- BLUMENAUER, Mrs. BONO MACK, Ms. dextromethorphan, and for other purposes; ciary. BORDALLO, Mr. BOUCHER, Mr. BRADY to the Committee on Energy and Commerce. 763. A letter from the Project Counsel, De- of Pennsylvania, Mr. BRALEY of Iowa, By Mr. CONYERS (for himself, Mr. partment of Homeland Security, transmit- Mrs. CAPPS, Mr. CARNEY, Mr. CARSON SMITH of Texas, Mr. BERMAN, Mr. ting the Department’s final rule — Consoli- of Indiana, Mr. CASTLE, Ms. CASTOR GOODLATTE, and Ms. JACKSON-LEE of dation of Merchant Mariner Qualification of Florida, Mrs. CHRISTENSEN, Mr. Texas): Credentials [Docket No.: USCG-2006-24371] COHEN, Mr. CONNOLLY of Virginia, Mr. H.R. 1260. A bill to amend title 35, United (RIN: 1625-AB02) received February 24, 2009, CONYERS, Mr. COURTNEY, Mr. States Code, to provide for patent reform; to pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- CUMMINGS, Mrs. DAHLKEMPER, Mrs. the Committee on the Judiciary. mittee on Transportation and Infrastruc- DAVIS of California, Mr. DEFAZIO, Ms. By Mr. BUYER (for himself, Mr. MCIN- ture. DEGETTE, Mr. DELAHUNT, Ms. TYRE, Mr. DEAL of Georgia, Mr. WIL- 764. A letter from the Principal Deputy As- DELAURO, Mr. DOYLE, Mr. EDWARDS SON of South Carolina, Mr. COBLE, sistant Secretary Energy Efficiency and Re- of Texas, Mr. ELLISON, Mrs. EMERSON, Mr. BURGESS, Mr. GINGREY of Geor- newable Energy, Department of Energy, Mr. ENGEL, Ms. ESHOO, Mr. FILNER, gia, Mrs. MYRICK, Mr. SHADEGG, and transmitting the Department’s report enti- Mr. FRELINGHUYSEN, Mr. GONZALEZ, Mr. SHULER): tled, ‘‘Fuel Cell School Buses,’’ pursuant to Mr. GENE GREEN of Texas, Mr. H.R. 1261. A bill to protect the public Public Law 109-58, section 743(c); to the Com- GRIJALVA, Mr. GUTIERREZ, Mr. HALL health by establishing the Tobacco Harm Re- mittee on Science and Technology. of New York, Ms. HARMAN, Mr. duction Center within the Department of 765. A letter from the Chairman, Depart- HEINRICH, Mr. HIGGINS, Mr. HIMES, Health and Human Services with certain au- ment of Veterans Affairs, transmitting the Mr. HINCHEY, Ms. HIRONO, Mr. HOLT, thority to regulate tobacco products, and for Department’s report on the Board of Vet- Mr. INSLEE, Mr. ISRAEL, Ms. JACKSON- other purposes; to the Committee on Energy erans’ Appeals’ activities during Fiscal Year LEE of Texas, Mr. JACKSON of Illinois, and Commerce. 2008; to the Committee on Veterans’ Affairs. Mr. KILDEE, Ms. KILROY, Mr. KIND, By Mr. OBERSTAR (for himself, Ms. 766. A letter from the Chief, Publications Mr. KIRK, Mr. LARSEN of Washington, EDDIE BERNICE JOHNSON of Texas, Mr. and Regulations, Internal Revenue Service, Mr. LARSON of Connecticut, Ms. LEE YOUNG of Alaska, Mrs. TAUSCHER, Mr. transmitting the Service’s final rule — Auto- of California, Mr. LEWIS of Georgia, BISHOP of New York, Mr. LOBIONDO, matic Contribution Arrangement [TD 9447] Mr. LIPINSKI, Mr. LOBIONDO, Mr. Mrs. NAPOLITANO, Mr. ARCURI, Mr. ´ (RIN: 1545-BG80) received February 24, 2009, LOEBSACK, Mrs. LOWEY, Mr. LUJAN, PASCRELL, and Mr. MCNERNEY): pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. MAFFEI, Mrs. MALONEY, Ms. MAR- H.R. 1262. A bill to amend the Federal mittee on Ways and Means. KEY of Colorado, Mr. MARKEY of Mas- Water Pollution Control Act to authorize ap- 767. A letter from the Acting Assistant sachusetts, Mr. MATHESON, Ms. MAT- propriations for State water pollution con- Secretary Office of Legislative Affairs, De- SUI, Mrs. MCCARTHY of New York, Ms. trol revolving funds, and for other purposes; partment of Homeland Security, transmit- MCCOLLUM, Mr. MCDERMOTT, Mr. to the Committee on Transportation and In- ting the Department’s report on the Critical MCGOVERN, Mr. MCMAHON, Mr. frastructure. Skills Retention Bonus progam for military MCNERNEY, Mr. MICHAUD, Mr. GEORGE By Mr. LYNCH: personnel, pursuant to 37 U.S.C. 323(h); joint- MILLER of California, Mr. MITCHELL, H.R. 1263. A bill to amend title 5, United ly to the Committees on Armed Services and Mr. MORAN of Virginia, Mr. MURPHY States Code, to provide for the automatic en- Transportation and Infrastructure. of Connecticut, Mr. NADLER of New rollment of new participants in the Thrift York, Mrs. NAPOLITANO, Ms. NORTON, f Savings Plan, and to clarify the method for Mr. OBERSTAR, Mr. OLVER, Mr. computing certain annuities based on part- PUBLIC BILLS AND RESOLUTIONS PASCRELL, Ms. PINGREE of Maine, Mr. time service; to allow certain employees of REICHERT, Mr. REYES, Mr. ROTHMAN the District of Columbia to have certain pe- Under clause 2 of rule XII, public of New Jersey, Ms. ROYBAL-ALLARD, bills and resolutions of the following riods of service credited for purposes relating Mr. RUSH, Mr. RYAN of Ohio, Ms. LO- to retirement eligibility; and for other pur- titles were introduced and severally re- RETTA SANCHEZ of California, Mr. poses; to the Committee on Oversight and ferred, as follows: SARBANES, Ms. SCHAKOWSKY, Mr. Government Reform, and in addition to the SCHIFF, Ms. SCHWARTZ, Mr. SCOTT of By Mr. BURGESS (for himself and Mr. Committee on Ways and Means, for a period Virginia, Mr. SERRANO, Mr. SHERMAN, STUPAK): to be subsequently determined by the Speak- Ms. SLAUGHTER, Mr. SMITH of New H.R. 1253. A bill to require that limitations er, in each case for consideration of such pro- Jersey, Mr. SNYDER, Mr. STARK, Ms. and restrictions on coverage under group visions as fall within the jurisdiction of the SUTTON, Mr. TIERNEY, Mr. TONKO, Mr. health plans be timely disclosed to group committee concerned. VAN HOLLEN, Ms. WATSON, Mr. health plan sponsors and timely commu- By Mr. TAYLOR (for himself, Ms. WA- WEINER, Mr. WELCH, Mr. WEXLER, Mr. nicated to participants and beneficiaries TERS, Mr. MELANCON, Mr. SCALISE, WU, and Mr. YARMUTH): under such plans in a form that is easily un- Mr. CHILDERS, Mr. HASTINGS of Flor- H.R. 1256. A bill to protect the public ida, Ms. ROS-LEHTINEN, Ms. JACKSON- derstandable; to the Committee on Energy health by providing the Food and Drug Ad- and Commerce, and in addition to the Com- ministration with certain authority to regu- LEE of Texas, Mr. BARROW, Mrs. mittees on Education and Labor, and Ways late tobacco products; to the Committee on MALONEY, Mrs. CHRISTENSEN, Mr. and Means, for a period to be subsequently Energy and Commerce, and in addition to BERRY, Mr. CLEAVER, Mr. COHEN, and determined by the Speaker, in each case for the Committee on Oversight and Govern- Ms. KILPATRICK of Michigan): consideration of such provisions as fall with- ment Reform, for a period to be subsequently H.R. 1264. A bill to amend the National in the jurisdiction of the committee con- determined by the Speaker, in each case for Flood Insurance Act of 1968 to provide for cerned. consideration of such provisions as fall with- the national flood insurance program to By Mrs. MALONEY (for herself, Mr. in the jurisdiction of the committee con- make available multiperil coverage for dam- DENT, Mr. GONZALEZ, Mr. cerned. age resulting from windstorms or floods, and RUPPERSBERGER, and Mr. GERLACH): By Mr. STEARNS (for himself and Mr. for other purposes; to the Committee on Fi- H.R. 1254. A bill to make the Census Bu- GENE GREEN of Texas): nancial Services. reau an independent establishment; to the H.R. 1257. A bill to amend title 49, United By Mr. DOGGETT (for himself, Mr. Committee on Oversight and Government States Code, to direct the National Highway LARSON of Connecticut, Mr. VAN Reform. Traffic Safety Administration to require the HOLLEN, Ms. BERKLEY, Mr. By Mr. FRANK of Massachusetts (for disclosure of information relating to the fair BLUMENAUER, Mr. DAVIS of Illinois, himself, Mr. MORAN of Virginia, Mr. market value and safety of damaged motor Mr. HIGGINS, Mr. LEVIN, Mr. LEWIS of

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Georgia, Mr. MCDERMOTT, Mr. NEAL MEEKS of New York, Ms. NORTON, Mr. By Mr. SENSENBRENNER (for himself of Massachusetts, Mr. PASCRELL, Ms. PAYNE, Mr. PIERLUISI, Mr. RANGEL, and Mr. LATHAM): LINDA T. SA´ NCHEZ of California, Mr. Mr. RYAN of Ohio, Mr. SCOTT of Vir- H.R. 1279. A bill to amend the Internal Rev- STARK, Mr. YARMUTH, Ms. DELAURO, ginia, Mr. SERRANO, Ms. SUTTON, Mr. enue Code of 1986 to increase the contribu- Mr. GEORGE MILLER of California, Mr. TOWNS, Ms. WATSON, Mr. WEINER, Mr. tion limits to dependent care flexible spend- ABERCROMBIE, Mr. ANDREWS, Mr. WELCH, Mr. WEXLER, and Ms. ing accounts and to provide for a carryover BISHOP of New York, Mr. CLEAVER, VELA´ ZQUEZ): of unused dependent care benefits; to the Mr. CONYERS, Mr. COSTELLO, Mr. H.R. 1270. A bill to reauthorize community Committee on Ways and Means. CUMMINGS, Mr. DEFAZIO, Mr. development block grants, and for other pur- By Mr. STUPAK: ELLISON, Mr. FARR, Mr. FATTAH, Mr. poses; to the Committee on Financial Serv- H.R. 1280. A bill to modify a land grant pat- FILNER, Mr. GENE GREEN of Texas, ices. ent issued by the Secretary of the Interior; to the Committee on Natural Resources. Mr. GRIJALVA, Mr. HARE, Mr. HIN- By Mr. HASTINGS of Florida (for him- By Mr. STUPAK: CHEY, Ms. EDDIE BERNICE JOHNSON of self, Ms. CORRINE BROWN of Florida, H.R. 1281. A bill to provide for the return of Texas, Mr. JOHNSON of Georgia, Ms. Mr. MARIO DIAZ-BALART of Florida, the Fresnel Lens to the lantern room atop KAPTUR, Ms. LEE of California, Mr. Mr. KLEIN of Florida, Mr. MEEK of Presque Isle Light Station Lighthouse, LOEBSACK, Mr. LYNCH, Mr. MARKEY of Florida, Ms. ROS-LEHTINEN, and Mr. Michigan, and for other purposes; to the Massachusetts, Mr. MCGOVERN, Ms. WEXLER): H.R. 1271. A bill to designate the facility of Committee on Transportation and Infra- MOORE of Wisconsin, Mr. MORAN of structure. Virginia, Mr. NADLER of New York, the United States Postal Service located at 2351 West Atlantic Boulevard in Pompano By Mr. STUPAK: Mr. PAYNE, Mr. RUSH, Ms. H.R. 1282. A bill to authorize the Com- SCHAKOWSKY, Mr. SESTAK, Mr. SHER- Beach, Florida, as the ‘‘Elijah Pat Larkins Post Office Building’’; to the Committee on mandant of the Coast Guard to convey to the MAN, Ms. SLAUGHTER, Mr. STUPAK, Oversight and Government Reform. City of Marquette, Michigan, certain real Ms. SUTTON, Mr. TIERNEY, Ms. WAT- By Ms. HIRONO (for herself and Mr. property under the administrative control of SON, Mr. WELCH, Mr. HOLT, and Ms. ABERCROMBIE): the Coast Guard, and for other purposes; to JACKSON-LEE of Texas): the Committee on Transportation and Infra- H.R. 1265. A bill to restrict the use of off- H.R. 1272. A bill to provide for the conver- sion of a temporary judgeship for the district structure. shore tax havens and abusive tax shelters to By Mrs. TAUSCHER (for herself, Mr. inappropriately avoid Federal taxation, and of Hawaii to a permanent judgeship; to the Committee on the Judiciary. ABERCROMBIE, Mr. ACKERMAN, Mr. for other purposes; to the Committee on ANDREWS, Ms. BALDWIN, Ms. BERK- Ways and Means, and in addition to the Com- By Mrs. MALONEY (for herself and Mr. LEY, Mr. BERMAN, Mr. BISHOP of New mittees on Financial Services, and the Judi- ARCURI): H.R. 1273. A bill to honor Susan B. An- York, Mr. BLUMENAUER, Mr. BRADY of ciary, for a period to be subsequently deter- thony by celebrating her legacy on the third Pennsylvania, Mrs. CAPPS, Mr. mined by the Speaker, in each case for con- Monday in February; to the Committee on CAPUANO, Mr. CARSON of Indiana, Ms. sideration of such provisions as fall within Oversight and Government Reform. CASTOR of Florida, Mrs. CHRISTENSEN, the jurisdiction of the committee concerned. By Mrs. MALONEY (for herself, Mr. Ms. CLARKE, Mr. CLAY, Mr. CLEAVER, By Mr. ABERCROMBIE (for himself, GEORGE MILLER of California, Mr. Mr. COHEN, Mr. CONYERS, Mr. Ms. HIRONO, Mr. FALEOMAVAEGA, Mrs. LEWIS of Georgia, and Mr. COURTNEY, Mr. CROWLEY, Mr. CHRISTENSEN, Ms. BORDALLO, and Mr. CUMMINGS): CUMMINGS, Mrs. DAVIS of California, YOUNG of Alaska): H.R. 1274. A bill to permit employees to re- EFAZIO, Mr. DELAHUNT, Ms. H.R. 1266. A bill to provide for retirement Mr. D quest, and to ensure employers consider re- DELAURO, Mr. DINGELL, Mr. DOYLE, equity for Federal employees in nonforeign quests for, flexible work terms and condi- areas outside the 48 contiguous States and Ms. EDWARDS of Maryland, Mr. tions, and for other purposes; to the Com- ELLISON, Mr. ENGEL, Ms. ESHOO, Mr. the District of Columbia, and for other pur- mittee on Education and Labor, and in addi- poses; to the Committee on Oversight and FARR, Mr. FATTAH, Mr. FILNER, Mr. tion to the Committees on Oversight and FRANK of Massachusetts, Mr. Government Reform. Government Reform, House Administration, By Ms. BEAN (for herself and Mr. GRIJALVA, Mr. GUTIERREZ, Mr. HALL and the Judiciary, for a period to be subse- of New York, Mr. HARE, Ms. HARMAN, KIRK): quently determined by the Speaker, in each H.R. 1267. A bill to provide for the transfer Mr. HASTINGS of Florida, Mr. HIN- case for consideration of such provisions as of certain property and personnel of the De- CHEY, Ms. HIRONO, Mr. HOLT, Mr. fall within the jurisdiction of the committee partment of Defense to the Department of HONDA, Mr. INSLEE, Mr. ISRAEL, Ms. concerned. Veterans Affairs, and for other purposes; to EDDIE BERNICE JOHNSON of Texas, Mr. By Mr. MATHESON (for himself and the Committee on Armed Services, and in JOHNSON of Georgia, Mr. KENNEDY, Mr. CHAFFETZ): addition to the Committee on Veterans’ Af- Mr. KUCINICH, Mr. LANGEVIN, Mr. H.R. 1275. A bill to direct the exchange of LARSEN of Washington, Ms. LEE of fairs, for a period to be subsequently deter- certain land in Grand, San Juan, and Uintah California, Mr. LEWIS of Georgia, Mr. mined by the Speaker, in each case for con- Counties, Utah, and for other purposes; to LOEBSACK, Ms. ZOE LOFGREN of Cali- sideration of such provisions as fall within the Committee on Natural Resources. fornia, Mrs. LOWEY, Mr. LYNCH, Mrs. the jurisdiction of the committee concerned. By Mr. MOORE of Kansas (for himself, By Ms. GINNY BROWN-WAITE of Flor- MALONEY, Mr. MARKEY of Massachu- Mr. SALAZAR, and Mr. CUELLAR): setts, Ms. MATSUI, Mrs. MCCARTHY of ida (for herself, Mr. ROHRABACHER, H.R. 1276. A bill to amend title II of the So- New York, Ms. MCCOLLUM, Mr. Mrs. MYRICK, Mr. DUNCAN, and Mr. cial Security Act to ensure that the receipts MCDERMOTT, Mr. MCGOVERN, Mr. GALLEGLY): and disbursements of the Social Security MEEK of Florida, Mr. MEEKS of New H.R. 1268. A bill to amend the Truth in trust funds are not included in a unified Fed- York, Mr. MICHAUD, Mr. GEORGE MIL- Lending Act to prohibit issuance of residen- eral budget and to provide that Social Secu- LER of California, Ms. MOORE of Wis- tial mortgages to any individual who lacks a rity contributions are used to protect Social Social Security account number; to the Com- Security solvency by mandating that Trust consin, Mr. MORAN of Virginia, Mr. mittee on Financial Services. Fund monies cannot be diverted to create MURPHY of Connecticut, Mr. PATRICK By Mr. BURTON of Indiana (for him- private accounts; to the Committee on Ways J. MURPHY of Pennsylvania, Mr. NAD- self, Mr. CARTER, Mr. AKIN, Mr. HALL and Means, and in addition to the Committee LER of New York, Mrs. NAPOLITANO, of Texas, Mr. LAMBORN, Mr. PAUL, on the Budget, for a period to be subse- Ms. NORTON, Mr. OBERSTAR, Mr. Mr. MANZULLO, Mr. BOOZMAN, Mr. AL- quently determined by the Speaker, in each OLVER, Mr. PALLONE, Mr. PASCRELL, EXANDER, Mr. BARTLETT, Mr. GRAVES, case for consideration of such provisions as Mr. PASTOR of Arizona, Mr. PAYNE, Mr. LINDER, and Mr. POE of Texas): fall within the jurisdiction of the committee Ms. PINGREE of Maine, Mr. POLIS of H.R. 1269. A bill to amend title 28, United concerned. Colorado, Mr. PRICE of North Caro- States Code, to limit Federal court jurisdic- By Mr. PRICE of Georgia (for himself lina, Ms. ROS-LEHTINEN, Mr. ROTH- tion over questions under the Defense of and Mr. JORDAN of Ohio): MAN of New Jersey, Ms. ROYBAL-AL- Marriage Act; to the Committee on the Judi- H.R. 1277. A bill to repeal the emergency LARD, Mr. RUSH, Ms. LINDA T. ciary. fund for the TANF program; to the Com- SA´ NCHEZ of California, Ms. LORETTA By Ms. CLARKE (for herself, Mr. BACA, mittee on Ways and Means, and in addition SANCHEZ of California, Mr. SARBANES, Mr. BISHOP of New York, Ms. to the Committee on Education and Labor, Ms. SCHAKOWSKY, Mr. SCHIFF, Ms. BORDALLO, Ms. CORRINE BROWN of for a period to be subsequently determined SCHWARTZ, Mr. SERRANO, Mr. SESTAK, Florida, Mr. COHEN, Mrs. by the Speaker, in each case for consider- Ms. SHEA-PORTER, Mr. SHERMAN, Mr. CHRISTENSEN, Mr. CROWLEY, Mr. ation of such provisions as fall within the ju- SIRES, Ms. SLAUGHTER, Mr. SMITH of DAVIS of Illinois, Ms. EDWARDS of risdiction of the committee concerned. Washington, Ms. SPEIER, Mr. STARK, Maryland, Mr. ELLISON, Mr. FILNER, By Mr. RANGEL: Ms. SUTTON, Mr. THOMPSON of Cali- Ms. FUDGE, Mr. GRIJALVA, Mr. HIN- H.R. 1278. A bill to posthumously award a fornia, Mr. TIERNEY, Mr. TOWNS, Ms. CHEY, Ms. EDDIE BERNICE JOHNSON of Congressional gold medal to Shirley Chis- TSONGAS, Mr. VAN HOLLEN, Ms. Texas, Ms. KILPATRICK of Michigan, holm; to the Committee on Financial Serv- VELA´ ZQUEZ, Ms. WASSERMAN Ms. KILROY, Mrs. MALONEY, Mr. ices. SCHULTZ, Ms. WATSON, Mr. WAXMAN,

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Mr. WEINER, Mr. WELCH, Mr. WEXLER, United States regarding the right of all citi- KILDEE, Mr. BARROW, Ms. BORDALLO, Ms. WOOLSEY, and Mr. WU): zens of the United States to a public edu- Ms. NORTON, Mr. GRIJALVA, Mr. H.R. 1283. A bill to amend title 10, United cation of equal high quality; to the Com- COURTNEY, Mr. SALAZAR, Mr. States Code, to enhance the readiness of the mittee on the Judiciary. BOOZMAN, Mr. LARSEN of Washington, Armed Forces by replacing the current pol- By Mr. JACKSON of Illinois: Mr. MCNERNEY, Mr. PASCRELL, Mr. icy concerning homosexuality in the Armed H.J. Res. 30. A joint resolution proposing AKIN, Mr. SESTAK, Mrs. MILLER of Forces, referred to as ‘‘Don’t Ask, Don’t an amendment to the Constitution of the Michigan, Mr. SKELTON, and Mr. Tell’’, with a policy of nondiscrimination on United States regarding the right of citizens LANCE): the basis of sexual orientation; to the Com- of the United States to health care of equal H. Res. 204. A resolution congratulating mittee on Armed Services. high quality; to the Committee on the Judi- the American Dental Association for its By Mr. TAYLOR (for himself, Mr. ciary. 150th year of working to improve the public’s CHILDERS, Mr. HARPER, and Mr. By Mr. JACKSON of Illinois: oral health and promoting dentistry, sup- THOMPSON of Mississippi): H.J. Res. 31. A joint resolution proposing porting initiatives to improve access to oral H.R. 1284. A bill to designate the facility of an amendment to the Constitution of the health care services for all Americans, and the United States Postal Service located at United States relating to equality of rights emphasizing the benefits of prevention of 103 West Main Street in McLain, Mississippi, and reproductive rights; to the Committee disease through support of community pre- as the ‘‘Major Ed W. Freeman Post Office’’; on the Judiciary. vention initiatives and promotion of good to the Committee on Oversight and Govern- By Mr. JACKSON of Illinois: oral hygiene; to the Committee on Energy ment Reform. H.J. Res. 32. A joint resolution proposing and Commerce. By Mr. TURNER (for himself, Mrs. an amendment to the Constitution of the f CAPITO, Mrs. BIGGERT, Mr. United States respecting the right to decent, LATOURETTE, Mrs. SCHMIDT, Ms. ROS- safe, sanitary, and affordable housing; to the PRIVATE BILLS AND LEHTINEN, and Mr. CAO): Committee on the Judiciary. RESOLUTIONS H.R. 1285. A bill to establish the Commis- By Mr. JACKSON of Illinois: sion on the Foreclosure and Mortgage Lend- H.J. Res. 33. A joint resolution proposing Under clause 3 of rule XII, private ing Crisis; to the Committee on Financial an amendment the Constitution of the bills and resolutions of the following Services. United States respecting the right to a titles were introduced and severally re- By Mr. VISCLOSKY (for himself and clean, safe, and sustainable environment; to ferred, as follows: Mr. DONNELLY of Indiana): the Committee on the Judiciary. By Mr. REYES: H.R. 1286. A bill to amend the Act titled By Mr. JACKSON of Illinois: H.R. 1290. A bill for the relief of Kumi H.J. Res. 34. A joint resolution proposing ‘‘An Act to provide for the establishment of Iizuka-Barcena; to the Committee on the Ju- an amendment to the Constitution of the the Indiana Dunes National Lakeshore, and diciary. United States relative to taxing the people for other purposes’’ to clarify the authority By Mr. STUPAK: of the Secretary of the Interior to accept do- of the United States progressively; to the H.R. 1291. A bill to direct the Commandant nations of lands that are contiguous to the Committee on the Judiciary. of the Coast Guard to convey to the Corner- Indiana Dunes National Lakeshore, and for By Mr. JACKSON of Illinois: stone Christian Academy, located in Che- H.J. Res. 35. A joint resolution proposing other purposes; to the Committee on Natural boygan, Michigan, certain real property an amendment to the Constitution of the Resources. under the administrative jurisdiction of the United States respecting the right to full By Mr. VISCLOSKY (for himself and Coast Guard, and for other purposes; to the employment and balanced growth; to the Mr. DONNELLY of Indiana): Committee on Transportation and Infra- Committee on the Judiciary. H.R. 1287. A bill to authorize the Secretary structure. of the Interior to enter into a partnership By Mr. JACKSON of Illinois: with the Porter County Convention, Recre- H.J. Res. 36. A joint resolution proposing f ation and Visitor Commission regarding the an amendment to the Constitution of the ADDITIONAL SPONSORS use of the Dorothy Buell Memorial Visitor United States to abolish the Electoral Col- Center as a visitor center for the Indiana lege and provide for the direct election of the Under clause 7 of rule XII, sponsors Dunes National Lakeshore, and for other President and Vice President by the popular were added to public bills and resolu- purposes; to the Committee on Natural Re- vote of all citizens of the United States re- tions as follows: gardless of place of residence; to the Com- sources. H.R. 13: Ms. CASTOR of Florida. By Mr. WEINER (for himself, Mr. mittee on the Judiciary. ´ H.R. 16: Ms. KOSMAS. CROWLEY, Ms. BERKLEY, Mr. NADLER By Ms. LINDA T. SANCHEZ of Cali- H.R. 17: Mr. MCCOTTER. of New York, and Mrs. TAUSCHER): fornia (for herself, Mr. ALEXANDER, H.R. 22: Mr. Minnick, Mr. STUPAK, Mr. H.R. 1288. A bill to halt Saudi support for Mr. BACA, Ms. BORDALLO, Mr. BOS- ROTHMAN of New Jersey, Mr. GRAYSON, Mr. institutions that fund, train, incite, encour- WELL, Mr. CARDOZA, Mrs. PALLONE, Mr. LARSON of Connecticut, Mrs. age, or in any other way aid and abet ter- CHRISTENSEN, Mr. COURTNEY, Mr. MALONEY, Mrs. EMERSON, Ms. EDDIE BERNICE rorism, to secure full Saudi cooperation in CUMMINGS, Mr. FILNER, Mr. JOHNSON of Texas, Mr. COFFMAN of Colorado, the investigation of terrorist incidents, to GRIJALVA, Mr. HINCHEY, Mr. Mr. KENNEDY, Mr. PASCRELL, Ms. DELAURO, halt the issuance of visas to citizens of Saudi HINOJOSA, Ms. EDDIE BERNICE JOHN- and Mr. HILL. Arabia until the President certifies that the SON of Texas, Mr. MCDERMOTT, Mr. H.R. 24: Mr. KLINE of Minnesota, Mr. SHU- Kingdom of Saudi Arabia does not discrimi- MEEKS of New York, Mr. MOORE of STER, Mr. RUSH, Mr. MCINTYRE, Mr. SHIMKUS, nate in the issuance of visas on the basis of Kansas, Mr. MORAN of Kansas, Mr. Mr. BROWN of South Carolina, and Mr. religious affiliation or heritage, and for PETERSON, Mr. HIGGINS, Mr. BISHOP of MORAN of Virginia. other purposes; to the Committee on Foreign New York, Mr. RODRIGUEZ, Mr. ROSS, H.R. 90: Ms. Markey of Colorado. Affairs, and in addition to the Committee on Mr. SHULER, Mr. MURTHA, Mr. STU- H.R. 111: Mr. BARRETT of South Carolina, the Judiciary, for a period to be subse- PAK, Mr. HOLDEN, Mr. ARCURI, Mr. Mr. ADLER of New Jersey, Mr. HINCHEY, Mr. quently determined by the Speaker, in each WILSON of Ohio, Mr. SIRES, Mr. MARCHANT, and Ms. JACKSON-LEE of Texas. case for consideration of such provisions as TEAGUE, Mr. LUJA´ N, Mr. WALZ, Mr. H.R. 144: Mr. FARR and Mr. GUTIERREZ. fall within the jurisdiction of the committee BRADY of Pennsylvania, Mr. H.R. 154: Mr. BOSWELL and Mr. PETERS. concerned. HEINRICH, Mr. KISSELL, Mr. MINNICK, H.R. 174: Mr. POLIS of Colorado. By Mr. WILSON of Ohio: Mr. SCALISE, and Mr. WOLF): H.R. 211: Mr. PATRICK J. MURPHY of Penn- H.R. 1289. A bill to amend title II of the So- H. Res. 203. A resolution expressing support sylvania, Mr. RUSH, Mr. WEXLER, Ms. KIL- cial Security Act to eliminate the five- for designation of a ‘‘Welcome Home Viet- ROY, and Mr. YOUNG of Alaska. month waiting period in the disability insur- nam Veterans Day’’; to the Committee on H.R. 235: Mr. HARE, Mr. JONES, Mr. LANCE, ance program, and for other purposes; to the Armed Services. Mr. WAMP, Mr. ADLER of New Jersey, Mr. Committee on Ways and Means. By Mr. SIMPSON (for himself, Mr. DAVIS of Illinois, Mr. SABLAN, Mrs. By Mr. YOUNG of Alaska: ROSS, Mr. PRICE of Georgia, Mr. BLACKBURN, Mr. SCOTT of Georgia, Mr. H.J. Res. 27. A joint resolution establishing HASTINGS of Washington, Mr. TERRY, PAYNE, Mr. BILIRAKIS, and Ms. ROYBAL-AL- a bipartisan Joint Select Committee on Mr. KIRK, Mr. HENSARLING, Mr. LARD. Long-Term Financial Security; to the Com- NUNES, Mr. BUYER, Mr. MARIO DIAZ- H.R. 265: Ms. CORRINE BROWN of Florida, mittee on Rules. BALART of Florida, Mr. YOUNG of Mr. STARK, Ms. MOORE of Wisconsin, Mr. FIL- By Mr. JACKSON of Illinois: Florida, Mr. LATOURETTE, Mr. NER, Mr. HONDA, and Mr. MEEKS of New H.J. Res. 28. A joint resolution proposing TIBERI, Mr. MCCOTTER, Mr. ROGERS of York. an amendment to the Constitution of the Michigan, Mr. WHITFIELD, Mr. ROG- H.R. 270: Mr. ROSS, Mr. SESTAK, Mr. CAR- United States regarding the right to vote; to ERS of Kentucky, Mr. LATHAM, Mr. NEY, and Mrs. SCHMIDT. the Committee on the Judiciary. BOEHNER, Mr. CALVERT, Mr. KLINE of H.R. 303: Mr. COURTNEY, Mr. BOYD, Ms. By Mr. JACKSON of Illinois: Minnesota, Mr. GOODLATTE, Mr. MARKEY of Colorado, Mr. RAHALL, Mr. H.J. Res. 29. A joint resolution proposing MCCARTHY of California, Mr. PENCE, KAGEN, Mr. MEEK of Florida, and Mrs. BONO an amendment to the Constitution of the Mr. CANTOR, Mr. FRELINGHUYSEN, Mr. MACK.

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H.R. 305: Mr. ROTHMAN of New Jersey, Mrs. H.R. 875: Mr. TIERNEY, Mr. WEXLER, and H.R. 1209: Mr. MCNERNEY. LOWEY, and Mr. HALL of New York. Mr. COURTNEY. H.R. 1210: Mr. TAYLOR, Mr. MCGOVERN, Mr. H.R. 307: Mr. GORDON of Tennessee, Ms. H.R. 909: Mr. MCGOVERN. LARSON of Connecticut, Mr. JACKSON of Illi- SUTTON, and Mr. MARKEY of Massachusetts. H.R. 914: Mr. GORDON of Tennessee and Mr. nois, Mr. HOEKSTRA, Mr. WEXLER, Ms. SUT- H.R. 370: Mr. SCOTT of Georgia. BRALEY of Iowa. TON, Mr. MICHAUD, Mr. GORDON of Tennessee, H.R. 393: Mr. STEARNS and Mr. LAMBORN. H.R. 946: Mr. LOEBSACK, Mr. BOSWELL, and Mr. MARKEY of Massachusetts, Mr. PETRI, H.R. 398: Mr. CARNEY and Mr. TONKO. Mr. WELCH. Mr. GONZALEZ, and Mr. FARR. H.R. 406: Mr. MURTHA and Mr. MORAN of H.R. 952: Mr. ELLISON, Mr. PETERSON, Mr. H.R. 1211: Mr. TEAGUE. Virginia. FRANK of Massachusetts, Ms. SUTTON, Mr. H.R. 1221: Mr. GUTHRIE. COSTELLO, Mr. STARK, Mr. MASSA, Ms. H.R. 426: Mrs. BIGGERT. H.R. 1224: Mr. SOUDER. DEGETTE, Mr. SESTAK, Mr. BACA, Mr. H.R. 450: Mr. CONAWAY. H.R. 1228: Mr. BILBRAY and Mr. SOUDER. H.R. 460: Mr. POLIS of Colorado, Mr. MEEKS MINNICK, Mr. MORAN of Virginia, Mr. BOS- H.R. 1229: Mr. BILBRAY and Mr. SOUDER. of New York, Mr. BISHOP of New York, and WELL, Mr. BISHOP of New York, Ms. PINGREE H.R. 1246: Mr. LOBIONDO, Mrs. MALONEY, Mr. Peters. of Maine, Mr. CARNAHAN, and Ms. Ms. ZOE LOFGREN of California, Mr. GORDON H.R. 479: Mr. MACK, Mr. KIND, Mr. HINCHEY, SCHAKOWSKY. of Tennessee, and Ms. SCHAKOWSKY. Ms. BALDWIN, Mr. COHEN, Ms. CORRINE BROWN H.R. 958: Mr. FILNER and Mr. ROTHMAN of H.J. Res. 26: Mr. RYAN of Ohio, Mr. of Florida, Mr. HINOJOSA, Mr. GONZALEZ, Mr. New Jersey. ROSKAM, and Mr. ROGERS of Kentucky. CARNAHAN, Mr. POMEROY, Ms. MCCOLLUM, H.R. 968: Mr. KLINE of Minnesota and Mr. H. Con. Res. 14: Mr. FILNER, Mr. SPACE, Mr. Ms. HARMAN, Ms. SCHAKOWSKY, Mr. SESTAK, GRAVES. HODES, Mr. CASTLE, Mr. ALTMIRE, Ms. Mr. GORDON of Tennessee, Mr. CARNEY, Ms. H.R. 978: Mrs. MYRICK, Ms. CORRINE BROWN HIRONO, Mr. KILDEE, Ms. CORRINE BROWN of SUTTON, Mr. STUPAK, Mr. MARKEY of Massa- of Florida, Mrs. CAPITO, and Mr. MINNICK. Florida, Mr. SCHIFF, Mr. STARK, Mr. NADLER chusetts, Ms. HERSETH SANDLIN Mr. INSLEE, H.R. 980: Ms. SCHAKOWSKY. of New York, Mr. HARE, Mr. WALDEN, Mr. Ms. MATSUI, Mr. MCDERMOTT, Mr. HILL, and H.R. 983: Mr. KINGSTON, Mr. ROE of Ten- PAYNE, Mr. MORAN of Virginia, Mr. SCOTT of Mr. ENGEL. nessee, and Mr. BOOZMAN. Georgia, and Mr. WITTMAN. H.R. 503: Ms. KILROY. H.R. 984: Mr. PASTOR of Arizona, Mr. PEIER C OTTER H.R. 510: Mr. SHULER and Mr. JONES. DEFAZIO, Ms. SCHAKOWSKY, Ms. BALDWIN, Mr. H. Con. Res. 20: Ms. S , Mr. M C , H.R. 513: Mr. WOLF. HODES, and Ms. LEE of California. and Mr. KUCINICH. H.R. 528: Mr. LATTA. H.R. 985: Mr. MCDERMOTT. H. Con. Res. 29: Mr. ANDREWS, Mr. KING of H.R. 548: Mr. POE of Texas. H.R. 997: Mr. CARNEY and Mr. LATTA. Iowa, Mr. HOLDEN, and Mr. SHERMAN. H.R. 558: Mr. SPACE and Mr. ORTIZ. H.R. 1006: Mr. PASTOR of Arizona. H. Con. Res. 34: Mr. WAMP. H.R. 560: Mr. LATTA. H.R. 1024: Ms. CLARKE and Mr. CUMMINGS. H. Con. Res. 49: Mr. COURTNEY, Mr. DON- H.R. 1064: Mr. MORAN of Virginia, Mr. H.R. 562: Mr. BROWN of South Carolina. NELLY of Indiana, and Mr. JOHNSON of Illi- RANK UCINICH H.R. 606: Mr. FARR and Ms. WOOLSEY. F of Massachusetts, and Mr. K . nois. H.R. 1067: Mrs. BIGGERT, Mrs. MYRICK, Mr. H.R. 613: Mr. BOOZMAN, Mr. DEFAZIO, Ms. H. Con. Res. 55: Mr. SALAZAR, Mr. GARRETT SPACE, Mr. MARCHANT, Mr. CAPUANO, and Mr. PINGREE of Maine, Mr. LATHAM, Mr. BART- of New Jersey, Mr. RADANOVICH, Mr. ROGERS HARE. LETT, Mr. MILLER of Florida, Mr. GUTHRIE, of Kentucky, Mr. MEEKS of New York, Mr. H.R. 1081: Ms. KOSMAS. and Mr. TERRY. DANIEL E. LUNGREN of California, Mr. H.R. 1083: Mr. WITTMAN, Mr. HASTINGS of H.R. 618: Mr. CRENSHAW, Ms. WATSON, and ISRAEL, Mr. WU, Ms. WOOLSEY, Mr. BOOZMAN, Florida, and Mr. MEEKS of New York. Mr. HOLT. Mr. DENT, and Mr. WHITFIELD. H.R. 1085: Ms. KAPTUR, Mr. HOLDEN, Mr. H.R. 626: Ms. JACKSON-LEE of Texas, Mr. H. Con. Res. 63: Ms. SCHAKOWSKY. MCGOVERN, Mr. JOHNSON of Georgia, Mr. ELLISON, and Mr. PALLONE. H. Res. 49: Mr. FATTAH. ISRAEL, Mr. RYAN of Ohio, and Mr. FILNER. H.R. 627: Ms. CLARKE. H. Res. 65: Mr. CONNOLLY of Virginia, Ms. H.R. 1090: Mr. SESTAK. H.R. 666: Mr. CARNAHAN. H.R. 1091: Ms. SCHAKOWSKY, Mr. CARSON of ROYBAL-ALLARD, and Ms. SCHAKOWSKY. H.R. 667: Mr. CARNAHAN and Mr. BARROW. Indiana, Mr. CUMMINGS, Mr. KUCINICH, Mr. H. Res. 69: Mr. PIERLUISI. H.R. 676: Ms. CORRINE BROWN of Florida, HINCHEY, Mr. FARR, and Mr. MORAN of Vir- H. Res. 76: Mr. KLEIN of Florida and Ms. Mr. PAYNE, and Mr. MCGOVERN. ginia. BALDWIN. H.R. 704: Mr. LEE of New York. H.R. 1117: Mr. HINCHEY and Ms. H. Res. 81: Mr. PETRI. H.R. 744: Mr. ABERCROMBIE, Mr. SCHAKOWSKY. H. Res. 109: Mr. MCCOTTER, Mr. FALEOMAVAEGA, Mr. WALZ, Mr. BUYER, Mr. H.R. 1126: Mr. GONZALEZ, Ms. SLAUGHTER, RUPPERSBERGER, and Mr. PIERLUISI. SHUSTER, Ms. BORDALLO, and Mr. PIERLUISI. Mr. YARMUTH, Mr. PETERSON, Mr. WEXLER, H. Res. 111: Mr. WAMP, Mr. OLSON, Mr. H.R. 745: Mr. ROTHMAN of New Jersey, Mrs. and Mr. HODES. LANGEVIN, Mr. OBERSTAR, Ms. BORDALLO, and TAUSCHER, Mr. GENE GREEN of Texas, Mr. H.R. 1136: Mr. DINGELL and Mr. CLAY. Mr. PETERSON. ROGERS of Alabama, and Ms. DELAURO. H.R. 1150: Mr. MASSA. H. Res. 125: Mr. LANCE and Mr. TONKO. H.R. 753: Mrs. MALONEY, Mrs. LOWEY, Mr. H.R. 1151: Mr. HIMES and Ms. SCHAKOWSKY. H. Res. 130: Ms. ESHOO, Mr. CLAY, Mr. HOLT, Mr. SMITH of New Jersey, Mr. MURPHY H.R. 1152: Mr. HIMES and Ms. SCHAKOWSKY. TONKO, and Mr. DEFAZIO. of Connecticut, Mr. KLEIN of Florida, and H.R. 1153: Mr. HIMES and Ms. SCHAKOWSKY. H. Res. 146: Mr. ORTIZ and Mr. DAVIS of Illi- Mr. GRIJALVA. H.R. 1154: Mr. HIMES. nois. H.R. 756: Mr. SESTAK, Ms. ZOE LOFGREN of H.R. 1173: Mr. DAVIS of Alabama. H. Res. 152: Ms. JACKSON-LEE of Texas, Mr. California, Mr. MCGOVERN, Mr. MARKEY of H.R. 1197: Mr. RODRIGUEZ. ENGEL, Mr. COSTA, Mr. ACKERMAN, Ms. BERK- Massachusetts, Ms. SCHAKOWSKY, Mr. GENE H.R. 1199: Mr. GINGREY of Georgia, Mr. LEY, and Mr. MCMAHON. GREEN of Texas, and Mr. LOEBSACK. HELLER, and Mr. DENT. H. Res. 153: Mr. CAMPBELL. H.R. 775: Mr. LUJA´ N, Ms. BALDWIN, and Mr. H.R. 1203: Mr. SMITH of New Jersey, Mr. TERRY. TOWNS, and Mr. CAPUANO. H. Res. 156: Mr. ROHRABACHER. H.R. 784: Mr. TEAGUE. H.R. 1204: Mr. ALEXANDER, Mr. GOHMERT, H. Res. 171: Ms. EDDIE BERNICE JOHNSON of H.R. 785: Mr. TEAGUE. Mr. WITTMAN, and Mr. CHANDLER. Texas and Mr. MCGOVERN. H.R. 804: Mr. BARROW, Ms. BORDALLO, and H.R. 1205: Mr. ROSKAM, Mr. RYAN of Ohio, H. Res. 175: Mr. MICHAUD. Mr. MEEKs of New York. Mr. PAUL, Mr. WOLF, Mr. GRAVES, Mr. MICA, H. Res. 178: Mr. SERRANO and Mr. INGLIS. H.R. 848: Mr. ADLER of New Jersey, Mr. Mr. MOORE of Kansas, Mr. SESSIONS, Mr. H. Res. 185: Mr. CAO, Mr. MASSA, and Mr. MORAN of Virginia, Mrs. CAPPS, Mr. TONKO, Harper, Mr. BLUNT, Mrs. BLACKBURN, Mr. BISHOP of Georgia. and Mr. TOWNS. AKIN, Mr. MORAN of Virginia, Mr. SMITH of H. Res. 187: Ms. ESHOO. H.R. 858: Mr. SOUDER. New Jersey, and Mr. BURTON of Indiana. H. Res. 200: Mr. BURTON of Indiana.

VerDate Nov 24 2008 01:55 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MR7.032 H03MRPT1 jbell on PROD1PC69 with HOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 111 CONGRESS, FIRST SESSION

Vol. 155 WASHINGTON, TUESDAY, MARCH 3, 2009 No. 37 Senate The Senate met at 10 a.m. and was appoint the Honorable JEANNE SHAHEEN, a levels. We would hope that could be called to order by the Honorable Senator from the State of New Hampshire, laid down soon. That is an important JEANNE SHAHEEN, a Senator from the to perform the duties of the Chair. amendment for the minority and cer- State of New Hampshire. ROBERT C. BYRD, tainly one that deserves debate. President pro tempore. That is a brief overview of some of PRAYER Mrs. SHAHEEN thereupon assumed the amendments I know are there and The Chaplain, Dr. Barry C. Black, of- the chair as Acting President pro tem- we should get to as soon as we can. fered the following prayer: pore. f Let us pray. f God of our fathers and mothers, Your RECOGNITION OF THE MINORITY mighty hand has brought our Nation to RECOGNITION OF THE MAJORITY LEADER this moment in its destiny. Lead our LEADER The ACTING PRESIDENT pro tem- lawmakers to do Your will. Help them The ACTING PRESIDENT pro tem- pore. The Republican leader is recog- to see that You desire them to do just- pore. The majority leader is recog- nized. ly, to love mercy, and to embrace hu- nized. f mility. Remind them that You came to f our world to bring deliverance to cap- OMNIBUS APPROPRIATIONS tives, to help the spiritually blind, and SCHEDULE Mr. MCCONNELL. Madam President, I listened to the majority leader. He to comfort the bruised. May our Sen- Mr. REID. Madam President, fol- did have a pretty good summary of the ators produce legislation that reflects lowing leader remarks, the Senate will amendments we are aware of at the Your priorities. As they remember that resume consideration of the appropria- moment, all of which are significant. It You are more impressed with their in- tions bill H.R. 1105. The time until 11:45 is good that we will have a chance to tegrity than the eloquence of their de- will be equally divided and controlled bates, inspire them to look to You for get a vote on most or all of those. between Senators INOUYE and MCCAIN. During his campaign, the President strength and wisdom. Guide them by At 11:45, the Senate will vote in rela- Your light so that their lives reflect said he would not sign any non emer- tion to the McCain amendment. The gency spending until the American Your purposes. Senate will recess from 12:30 until 2:15 We pray in Your mighty Name. people had at least 5 days to review it for the weekly caucus luncheons. There Amen. on the White House Web site. is almost no question that additional f So there is no reason for us to rush rollcall votes will be expected through- through this Omnibus appropriations PLEDGE OF ALLEGIANCE out the day as we work through amend- bill when the White House has already The Honorable JEANNE SHAHEEN led ments on this bill. After we do the promised it won’t sign it without the the Pledge of Allegiance, as follows: McCain amendment, I know Senator requisite 5-day review. I pledge allegiance to the Flag of the WICKER was here yesterday on an issue Besides, we have known about the United States of America and to the Repub- in which he believes strongly. I think Friday deadline for months so any lic for which it stands, one nation under God, that would be a good one to lay down. pressure to rush this bill is completely indivisible, with liberty and justice for all. Senator COBURN has four amendments. manufactured. f They have not been drafted. We have The responsible way forward is not to APPOINTMENT OF ACTING asked him to make sure they are draft- rush through another giant bill, but for PRESIDENT PRO TEMPORE ed as soon as possible so we can work the House to prepare a short-term CR our way through those. so we have time to study and debate The PRESIDING OFFICER. The Senator THUNE has an amendment he the Omnibus on the floor. clerk will please read a communication wants to offer. This is on the fairness Back in January, Republicans urged to the Senate from the President pro doctrine. Senator VITTER has an the President to move the Omnibus be- tempore (Mr. BYRD). amendment dealing with abortion or fore the stimulus. It is now obvious The legislative clerk read the fol- matters related thereto. We should get why. lowing letter: to that. The Omnibus contains funds for 122 U.S. SENATE, I have spoken to one of the Repub- programs that were already funded in PRESIDENT PRO TEMPORE, lican Senators yesterday and that Sen- the stimulus. It also represents an 8 Washington, DC, March 3, 2009. To the Senate: ator is wanting to offer an amendment percent increase over last year’s reg- Under the provisions of rule I, paragraph 3, to cut the spending of this appropria- ular appropriations, twice the rate of of the Standing Rules of the Senate, I hereby tions bill to President Bush’s budget inflation.

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

S2649

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VerDate Nov 24 2008 23:34 Mar 03, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.000 S03MRPT1 wwoods2 on PRODPC68 with SENATE S2650 CONGRESSIONAL RECORD — SENATE March 3, 2009 What all this means is that at a time omy is strong. We need to be putting cases, passed unanimously by Repub- when most Americans are tightening this money into these agencies to con- licans and Democrats? This is the nor- their belts, Washington is going out tinue their ordinary business. That is mal funding of Federal agencies that and buying a bigger one. essential. should have been done last year. It Just consider the deficit. When we I also am troubled every day to hear wasn’t, for a lot of reasons. It is now passed the last CR, the deficit was $460 a chorus from the Republican side of being packaged into an omnibus bill to billion. In January, the CBO estimated the aisle about deficits. Let’s remem- get done. But the ingredients of that this year’s deficit would be $1.2 trillion. ber the facts. When President Bill Clin- bill are not something new. Now after the past month, we expect ton left office, he had managed to bal- Isn’t it the case that most of these the deficit to be $1.6 trillion. ance the budget each year for 3 years. individual bills were passed in a bipar- Now consider some of the recent He left to President George W. Bush a tisan basis, many of them unani- spending we have done or are contem- surplus. At that point, the debt of the mously, after having been worked on plating doing around here. Some of us United States, accumulated from the for some months? There is nothing are still dizzy from the $1 trillion stim- beginning of the Republic until that strange in here, is there? ulus. We are trying to conceptualize moment, was about $5 trillion. Presi- Mr. DURBIN. In response to the Sen- the $3.6 trillion budget the President dent George W. Bush was handed an ator from North Dakota through the sent us last week. We are bracing for economy that was strong, a budget sur- Chair, he is a fellow member of the Ap- the potentially quarter-trillion housing plus, and a national debt of $5 trillion. propriations Committee. He has de- plan that goes into effect tomorrow, Eight years later, we all know the scribed the process exactly. The small, and we are thinking about the $1 to $2 state of the economy. We certainly relatively small appropriation which I trillion we expect to be asked to spend know that the national debt under manage in the Senate Appropriations on the financial sector. George W. Bush doubled. It went from Committee includes a plus up, an in- So we won’t be rushed to spend an- $5 to $10 trillion in a matter of 8 years. crease in the funding for several key other $410 billion without the requisite We know what happened. When it agencies, one of which is the Securities review. came to the budgets, the Republicans and Exchange Commission. If one We need to slow down and make sure and President Bush decided they would watched ‘‘60 Minutes’’ on Sunday night the American people understand how use a little sleight of hand. Do you and heard about Bernard Madoff and we intend to spend their tax dollars. know how much money was included in criticisms of the SEC dropping the The Omnibus is a massive bill that de- the budgets of President Bush for the ball, not hearing the whistle being mands our close attention. wars in Iraq and Afghanistan? The an- blown, we have to change that. We I yield the floor. swer is zero. Every year they would have to make sure the SEC is a regu- The ACTING PRESIDENT pro tem- take the cost of these wars off the latory agency that has the resources it pore. The Senator from Illinois. budget and say: It is emergency spend- needs to deal with an ever-expanding Mr. DURBIN. I ask unanimous con- ing so we are not going to budget for it. area of jurisdiction. The same thing is sent to speak as in morning business. So not only did they double the na- true for the Commodities Futures The ACTING PRESIDENT pro tem- tional debt, not only did they drive us Trading Commission which also deals pore. Without objection, it is so or- deeply into deficit each year, they did with futures and derivatives and the dered. it in a way that most of us would agree like. We have to make certain they f was at least concealment, instead of have resources, and they have an in- being honest and open with the people. OMNIBUS APPROPRIATIONS crease in this budget to be the police- Now comes President Obama, inher- men on the beat. I put money in there Mr. DURBIN. Madam President, I its an economic recession, the likes of as well for the Consumer Product Safe- wish to address some of the comments which this country has not seen for 75 ty Commission. It was not that long made by the Republican leader. years. He says we have to move and ago we were frightened by the prospect First, the bill that is being consid- move quickly with the stimulus pack- of lead toys that might endanger our ered was on the official public Web site age. In 3 weeks and 2 days after being children. This agency is finally grow- of the House of Representatives a week sworn in as President, he passes it, ing into the 21st century responsibility ago. It has been available for at least thanks to three Republican Senators it has. that period of time. As a member of the who finally would join with us in mov- These are areas where we have in- Senate Appropriations Committee, ing forward to do something about the creased funding so that government most of the contents of what we are economy rather than only complain. can be vigilant and helpful and we can considering were passed by the com- Then he says we need to pass the ordi- avoid economic disasters so that inves- mittee last year in October and Novem- nary budget which was not passed tors’ and savers’ money can be care- ber. To argue that this is a surprise is under the previous administration. fully reviewed. wrong. It has been available for scru- That is what this bill is. This was all debated in the sub- tiny, for review, for a long period. That I urge colleagues to take a look at committee. It was brought forward in is why many of us believe we should this as undone business from the pre- the full committee. In most cases it re- move forward with it as quickly as pos- vious administration and the previous ceived full committee review months sible. Congress that we have to get done this ago. Today we are trying to get the Second, this argument that the stim- week while the temporary spending homework we should have done last ulus, which was supposed to be addi- measures for our Government con- year done and moved forward. We have tive, to put money into the economy tinue. so many important things to do. that otherwise would not go into the Mr. DORGAN. Will the Senator yield I will speak for a minute or two economy, is a reason not to pass this for a question? more, if I may, on a related issue. bill is to ignore the obvious. This bill Mr. DURBIN. I am happy to yield. Mr. DORGAN. I wonder if the Sen- funds the Government. This bill makes Mr. DORGAN. The minority leader ator from Illinois will excuse me and certain that when it comes to the De- indicated somehow or suggested that respond to an additional question. partments of Agriculture, Commerce, this is some new information, some Mr. DURBIN. I am happy to. Justice, Energy, related issues, finan- large piece of legislation brought to Mr. DORGAN. The point that is going cial services, Interior, Labor, EPA, the floor of the Senate without much to be discussed on the floor today and State Department, Transportation, scrutiny. Isn’t it the case that the ap- this week on this appropriations bill is Homeland Security, and so many oth- propriations bills that are included in very important. I just received the ers, we are going to provide for the this omnibus were passed out of each votes on the individual bills that have basic appropriations and budgets for individual subcommittee of the Appro- now been packaged together. If I might these agencies. priations Committee, most of them read them, the appropriations bill for I understand—I hope all Senators un- worked on for months, then passed out Agriculture, with the U.S. Department derstand—that these agencies need to of the subcommittee, and then worked of Agriculture, nutrition programs, do their work, whether or not the econ- on in the full committee and, in most farm programs, and so on, passed 29 to

VerDate Nov 24 2008 23:34 Mar 03, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.001 S03MRPT1 wwoods2 on PRODPC68 with SENATE March 3, 2009 CONGRESSIONAL RECORD — SENATE S2651 0 by the full Appropriations Com- contents. And now there is objection of the most diverse neighborhoods on mittee. That passed on July 18 of last from the Republican side of the aisle. the north side of our city. I went into year. Commerce, Justice, and Science The obvious question is, What has this neighborhood on Kedzie Avenue to passed, on June 19, 29 to 0, funds for changed? What is different? Well, there meet in front of a house that had been Justice programs and so on. Energy is only one thing different. We have a boarded up going through mortgage and Water, which is the subcommittee new President, a new President and a foreclosure. A lot of families gathered I chair, passed 29 to 0. Financial Serv- new administration, facing an eco- around, families who live in the neigh- ices passed, 29 to 0. Homeland Security nomic struggle, a President who is ask- borhood. And they looked like Amer- passed 29 to 0. Virtually all of them ing for help from both sides of the aisle ica—Black, White, and Brown—all passed unanimously. that we should give. We need to work standing there with their neat little To give you an example, in my sub- together. He was not successful in find- homes all around this one foreclosed committee—that passed it unani- ing House Republicans to support him building. The building was partially mously, with Republicans and Demo- in the efforts for the stimulus package. boarded up. Windows were broken. The crats, by the subcommittee and the full Only a handful voted for this measure neighbors were outraged that this Appropriations Committee—I, for ex- when it came up in the House on the mortgage foreclosure has resulted in an ample, in one account cut $100 million. Republican side. We are hoping that at empty building, which is now being Why? Because I felt that was not need- least some will finally step forward on vandalized and turned into a drug ed. I cut from previous years’ expendi- the Republican side to pass this bill to haven. tures $100 million. Now, if this piece of keep the Government operating. You would be angry, too, if it were in legislation fails, that extra $100 million What good does it do for us to short- your neighborhood. These folks who is going to be spent by that account. It change the Securities and Exchange care for their lawns, care for their kids, shouldn’t be, in my judgment, but will Commission at this moment in history, make sure their mortgage payments be. when we all know our savings, our re- are paid on time, want to know what I used some of that money to in- tirement investments, 401(k)s, IRAs, we are doing about mortgage fore- crease carbon capture so we can pro- are in peril because of a descending closures in this country. The honest answer is, We are doing little or noth- tect the environment and continue to stock market, where there is question ing. use coal. We have to find a way to cap- about the confidence that consumers, We have to change that. For 2 years ture carbon and decarbonize the use of investors have in this agency? I put ad- now. I have tried to pass one simple coal. I invested some of that money in ditional funds in there, through my ap- measure that would change the Bank- carbon capture research and tech- propriation, to make certain we have ruptcy Code and say that a bankruptcy nology. But these are the kinds of the integrity which we deserve in this judge can, at the last resort, for those things that if we defeat this legisla- marketplace; the same for the Com- who end up in bankruptcy with a mort- tion—we have what is called a con- modity Futures Trading Commission. gage foreclosure, take a look at the tinuing resolution. That will be the Those who would argue, as Senator terms of the mortgage and change first amendment this morning. That MCCAIN does in his continuing resolu- those terms. That is not a radical idea. continuing resolution means we are ef- tion amendment, that we do not need Currently, the judge can do that for a fectively on autopilot, and the things additional resources in these key agen- second home, a farm, a ranch, but they that have been cut, the spending that cies that protect investors and savers, cannot do it for your primary resi- has been cut in these subcommittees, they are just plain wrong. A vote for dence. I cannot explain why, but that and the spending that has been added the McCain amendment is a vote to go is a fact. because things need doing, that will be back further to those days when these Now we have primary residences voided and we will instead be on an agencies were not up to the challenges across America that are being sub- autopilot with previous years’ judg- they face. Some of that was conscious, jected to mortgage foreclosure. Ini- ments having prevailed when, in fact, where they ignored demands and warn- tially, it was because of the subprime all these bills passed the sub- ings related to Mr. Madoff and others. mortgages with those exotic finance committee, with the exception, I be- Some was inadvertent in the CFTC, deals that fell apart when the mort- lieve, of two of them. One was 28 ‘‘yes’’ where they did not have the people and gage was reset. Now more and more and 1 ‘‘no’’ by the full Appropriations the equipment and the computers and homes going into foreclosure had fixed- Committee, and the other was 26 ‘‘yes’’ the technology to follow these trades. rate mortgages, did not have and 3 ‘‘no.’’ With those two exceptions, How in the world can we, in good subprimes, and we are seeing the bot- every other piece of legislation that is conscience, say we are not going to tom fall out of the housing market. included in this omnibus was passed adequately fund these agencies, while It is estimated one out of four mort- unanimously by Republicans and millions of American families count on gage holders in America are paying Democrats in the full Appropriations us to do that? They make the choice on more principal on their mortgage than Committee of the Senate. investments. They trust us to make the value of their home. They are un- Isn’t it the case that to suggest certain those investments are trans- derwater, as they say. What are we somehow this is some mysterious bill parent and there is accountability. going to do about it? Well, for a long that has not been seen, has not been I would say to my friend from North time we said: We will trust the banks, considered, has not been heard, has not Dakota, when we went through this, the sanctity of the contract. They will been reviewed—that is just not the month after month, week after week, work on it. They will negotiate. It has case. This has been available since last day after day in the committee, we had not happened. As a result, we have June and July, and most of it passed bipartisan support all the way. Now record numbers of mortgage fore- unanimously on a bipartisan basis. that we have a new President of a dif- closures. The housing market is in a Mr. DURBIN. In response to the Sen- ferent political party, the other side of tailspin. No homes are being built, ob- ator from North Dakota, through the the aisle is raising questions—ques- viously. Most homes end up vacant on Chair, what has changed? To have the tions they did not raise for 8 months. the rolls of the bank and become eye- Republican leader come before us Now they are being raised. That is un- sores in a neighborhood. today and say: Well, this has not been fortunate. But we are prepared to an- What I am suggesting is, we have to on the Web site of the Senate for the swer those questions. be honest. We tried to let the banks requisite 5 days, when I mentioned it f and the mortgage bankers run this sit- has been on the House Web site for 7 uation for the last year and they have days, it has passed the House in its en- HOUSING CRISIS failed and failed miserably. If we do tirety. Mr. DURBIN. Madam President, I not take control of this situation, if we As the Senator from North Dakota would like to close with one brief do not have the bankruptcy court as indicated, it has been debated at length statement, if I can, on the housing cri- the last resort that can ultimately and passed unanimously, for the most sis we are facing. change the terms of the mortgage, with part—Democrats and Republicans— Yesterday, I was in a neighborhood of reasonable limits—I am prepared to ac- without objection, voting for all the Chicago named Albany Park. It is one cept reasonable limits; there will not

VerDate Nov 24 2008 02:23 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.020 S03MRPT1 wwoods2 on PRODPC68 with SENATE S2652 CONGRESSIONAL RECORD — SENATE March 3, 2009 be any prospective use of this; only worked through in the individual sub- which they can produce nuclear weap- those existing mortgages today—that committees, and the full Appropria- ons—we provide funding for that and is the only way to come to the bottom tions Committee of the Senate, passed, increased funding for that, which is of this crisis. as I indicated earlier, almost unani- very necessary. It is funding to the Na- We are working with these financial mously, for every piece of legislation, tional Nuclear Security Administra- institutions to try to find reasonable by all Republicans and all Democrats tion, and it is critical to our efforts to terms to work this out, but we have in the Appropriations Committee. So it secure weapons-grade nuclear material not had a lot of luck. Citigroup stepped is not as if there is something strange around the world that even today, as I forward. We reached an agreement with here. speak, terrorists are trying to acquire. them. We are trying to reach an agree- The question is, Do we want to pass So that issue of nonproliferation—we ment with others. But for the mort- an appropriations bill, at least for the have increased some funding for it. If gage bankers, who brought us into this last half of this year, that funds the we decide we are not going to proceed mess, to still hold this Congress en- agencies the way Congress has deter- with the normal appropriations bills thralled, to hold us hostage to their so- mined they should be funded? Or do we that have now been put in this omnibus called sanctity of contract, is to ignore want to defeat this bill and go on auto- and instead we are going to go with a the obvious. pilot and say: Whatever was done last continuing resolution, that extra fund- If they have their way, there will be year, that is what we will do next year. ing to try to protect us and stop the a continued crisis of mortgage fore- That does not make much sense to me. proliferation of nuclear weapons is closures, the recession will get worse What we might have done last year gone. instead of better, and neighborhoods should be judged on the basis: Did it There are so many areas. The area of such as Albany Park will disintegrate, work? Did it not work? Where are the science: our National Laboratories. deteriorate because of the foreclosures increases we probably ought to make You know the Bell Labs, which used to of homes in the neighborhood. Renters some additional appropriations for? Or be the jewels in our country of sci- who dutifully pay their rent show up where are some areas that ought to be entific inquiry and discovery, and all one day to be told: Oh, incidentally, cut? the unbelievable inventions and new your landlord defaulted on the mort- All these things represent a matter knowledge, those labs are largely gone. gage and now you are going to be of judgment by Members of the Senate Now our science laboratories in this thrown out on the street. Over and over and particularly members of the Ap- country—and the three weapons lab- again, and it is totally unfair. propriations Committee who are fund- oratories and the array of science lab- We have to do something. I am glad ing the individual agencies. oratories—represent the repository of I mentioned, a moment ago, there is the House is going to take up this the best and brightest Ph.D.s in phys- an account I cut in the subcommittee I measure. We need to move on it. We ics and engineering and mathematics chair by $100 million because I felt it waited a year. That is long enough. and so on. We have to keep our lead in was not needed in the coming fiscal I yield the floor. the world in these areas. This legisla- year, and I would move that $100 mil- The ACTING PRESIDENT pro tem- tion provides the increased funding for lion to fund something else I thought pore. The Senator from North Dakota. our science labs that our country has was very important. Well, that is the Mr. DORGAN. Madam President, let already made a decision to do. If we do kind of thing that will not exist if we me withhold. not go forward, then we go backward, decide: Whatever was spent last year in we lose some of those best and bright- f all those accounts, that is what we will est scientists and engineers. RESERVATION OF LEADER TIME spend going forward. That is devoid of At one of our laboratories, we have The ACTING PRESIDENT pro tem- any kind of judgment at all. Let me mention some areas we have something called the Roadrunner, pore. Under the previous order, the which is the most powerful computer leadership time is reserved. felt should be increased. I will give you some examples. One is the funding to in the world. f prepare for a potential pandemic flu. That is not elsewhere; that is here in our country. They were telling me one OMNIBUS APPROPRIATIONS ACT, Obviously, it is a very significant issue. day about the roadrunner, what is 2009 This country needs to be prepared in the event we suffer in our lifetimes a called a petaflop, which is a thousand The ACTING PRESIDENT pro tem- pandemic flu. An influenza, pandemic teraflops. A teraflop is a computer that pore. Under the previous order, the epidemic that would move around this has capacity to do 1 trillion distinct Senate will resume consideration of world would be very serious, kill a lot functions per second. That is a H.R. 1105, which the clerk will report of people. The need to be prepared for teraflop. We reached that 11 years ago. by title. that is very important. There are funds Now we have done a thousand The legislative clerk read as follows: available in this legislation to begin teraflops, or what is called a petaflop. A bill (H.R. 1105) making omnibus appro- that preparation. One thousand trillion functions per priations for the fiscal year ending Sep- The efforts to improve the warning second in this world’s most powerful tember 30, 2009, and for other purposes. systems to notify communities about computer. What can you do with that? Pending: severe weather: This deals with the Well, they are talking about studying McCain amendment No. 592, in the nature funding that is necessary for the next- the synapses—1 billion synapses of the of a substitute. generation satellites. This is not just brain to work how it works together to AMENDMENT NO. 592 something that is convenient. When produce what we call vision. We don’t The ACTING PRESIDENT pro tem- killer storms and hurricanes and other know that. With supercomputing, the pore. Under the previous order, the things are threatening population cen- potential to know a lot of things is time until 11:45 a.m. will be equally di- ters, it is a need to have the very finest breathtaking. That exists here. It is vided and controlled between the Sen- capability to warn people. This is the the most powerful computer in the ator from Arizona and the Senator money that is needed to continue that world here. from Hawaii or their designees on progress in improving warning systems We have to continue to keep our edge amendment No. 592. through the National Oceanic and At- in science and knowledge and inven- The Senator from North Dakota. mospheric Administration weather and tion. Part of that will be dependent Mr. DORGAN. Madam President, let climate satellites. That is in this bill upon how we fund our national labora- me yield myself such time as I may to continue that work. tories and whether we keep that group consume. In my subcommittee, nonprolifera- of scientists and engineers working on I will be brief this morning, but I tion programs—and that is the issue of these breathtaking inventions and the wish to make a couple points. The ap- trying to stop the proliferation of nu- development of new knowledge. We can propriations bill that is on the floor of clear weapons, the programs we have only do that if we continue the com- the Senate represents the bills that to try to prevent terrorist groups from mitment we have made to fund our were not completed last year but were acquiring the kind of material with science in our national laboratories.

VerDate Nov 24 2008 23:34 Mar 03, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.021 S03MRPT1 wwoods2 on PRODPC68 with SENATE March 3, 2009 CONGRESSIONAL RECORD — SENATE S2653 Those are a few of the things I want- leagues on the Republican side who are in the budget resolution Congress ed to mention. Again, these were ap- continuing to be the party of ‘‘nope’’ passed earlier last year. propriation bills considered individ- instead of the party of ‘‘hope.’’ I came Our Republican colleagues were full ually by a subcommittee of Appropria- to the floor to say that it is very easy participants when we negotiated the tions, Republicans and Democrats, and to say no to this and no to that. But I final details of this with the House of then brought to the full Committee on have to tell you, the American people Representatives. Therefore, the omni- Appropriations, Republicans and need leadership. When you say ‘‘nope, bus bill we are debating today reflects Democrats, and passed in every case, nope, nope,’’ it means you are in fact many of the same priorities Democrats except two, unanimously, 29 to 0. In endorsing the status quo, and the sta- and Republicans alike approved last two cases, it was 26 to 3 and 28 to 1. Es- tus quo is a major problem. July. sentially, all of these pieces of legisla- I see my friend from Washington on Even so, our Federal agencies have tion were passed unanimously. So when the floor. I know she had intended to now been operating under a continuing someone says, you know, this legisla- speak. I will be glad to stop at this resolution for 5 months now, since this tion is mysterious, new, and it has time and ask unanimous consent that fiscal year began. We cannot delay been thrust upon the Senate—that is following her remarks, I be recognized. sending them this bill any longer. On not true. This legislation was prepared The PRESIDING OFFICER. Without Friday night of this week, at midnight, in June and July of last year. This Con- objection, it is so ordered. if we do not pass this bill, funding for gress cannot continue to do appropria- The Senator from Washington is rec- most of our Federal agencies will stop. tions this way. ognized. It will stop and the money will be cut Mrs. MURRAY. Mr. President, I The majority leader has made a com- off. The Federal Government will come thank my colleague from California for mitment and one that I think makes a to a halt. I think about what that yielding me time on this bill and thank lot of sense. This year, this has to stop. means. Millions of Americans depend her for her support as we move forward We bring individual appropriation bills on this funding. We cannot afford to let in a very critical time to cast a vote to the floor, vote on them, go to con- politics stand in the way and risk a that is very important to all of our ference, have a conference report and government shutdown, especially not communities, and that is for the Omni- send the bill to the President, one by when we face the greatest economic bus appropriations bill from last year one. That is the way this should work. challenge since the Great Depression, that is currently on the Senate floor. It didn’t work last year, or the year be- not with so many of our Federal agen- Let me start by commending our fore, that way. As a result, for the last cies working day and night to make leadership, our new committee chair- 6 months of the year, we were con- sure the economic recovery bill we man, Senator INOUYE, and our vice fronted with nine appropriation bills adopted last month can meet the needs chairman, Senator COCHRAN, who have that were worked through on a bipar- of our families across the country, and put this bill in front of us. This Omni- tisan basis last summer and now need not when we know communities across bus appropriations bill before us that to be enacted. the Nation are desperate for help to we are now debating is absolutely es- My hope is that the Senate, working keep transportation and safety and sential to every community in our its will this week, will do the right housing and all the other programs country, especially as we work to ad- thing and pass what is, for the most moving forward. dress this economic crisis. Both of our part, bipartisan legislation dealing As chair of the Transportation and with funding for Homeland Security, Senators, Mr. INOUYE and Mr. COCHRAN, have been very measured and even- Housing Subcommittee, I want to take Justice, Energy, and so many different a little bit of time today to give some areas that are important to the func- handed as we have brought this bill to- gether, despite the many challenges we details about why this bill is so impor- tioning of our Government—and impor- tant to address the housing crisis and tant to the American people as well. face. I thank them for their work. I chair the Appropriations Sub- ensure the continued safety of our I yield the floor and suggest the ab- transportation system. sence of a quorum. committee on Transportation and First of all, this bill is an essential The ACTING PRESIDENT pro tem- Housing. I rise today to urge all of my part of our efforts to restart the hous- pore. The clerk will call the roll. colleagues to support this very impor- ing market. In the last several weeks, The legislative clerk proceeded to tant Omnibus appropriations bill. As I I have heard some of my colleagues call the roll. said, this bill is essential to families Mr. DORGAN. Madam President, I and communities across our country. It talk about how they want to focus on ask unanimous consent that the order enables us, our Government, to meet housing as we repair this economy. We for the quorum call be rescinded. the needs for health care, for housing, cannot fix the housing market without The ACTING PRESIDENT pro tem- to make college more affordable, and the provisions in this omnibus bill. pore. Without objection, it is so or- to keep our communities safe. Just as Let me give just one example. Up dered. important, our communities today are until last year, the Federal Housing Mr. DORGAN. I ask unanimous con- counting on us doing our job and pass- Administration’s market share for sent that the time of the quorum call ing this bill. guaranteeing mortgages had dropped to be charged equally to both sides. We With this bill, we are fulfilling our a low of 3 percent. But now that the are in a time agreement. commitments we made to them back in mortgage industry is in crisis, lenders The ACTING PRESIDENT pro tem- June and July of last year when these have turned back to the FHA in droves pore. Without objection, it is so or- bills were marked up in our appropria- because they know it will be reliable. dered. tions committees. Senator BYRD, who Yet, under the terms of the continuing Mr. DORGAN. I suggest the absence was the Appropriations Committee resolution, the FHA is prevented from of a quorum. chairman at the time, held four sepa- helping willing and qualified buyers The ACTING PRESIDENT pro tem- rate markup sessions. Almost every get mortgages because that agency pore. The clerk will call the roll. committee member attended those ses- cannot guarantee more than $185 bil- The legislative clerk proceeded to sions to debate and vote those appro- lion a year. If we do not pass the bill in call the roll. priations bills out of committee. While, front of us and raise that cap to a level Mrs. BOXER. Mr. President, I ask of course, not every Senator agreed above $300 billion, our effort to restart unanimous consent that the order for with every line in every bill, they were the real estate and housing industry is the quorum call be rescinded. written with the cooperation of our Re- going to crash and burn. If any of us The PRESIDING OFFICER (Mr. publican colleagues. All of us had to think it is hard to get a mortgage now, UDALL of Colorado). Without objection, make compromises, but in the end each just watch that happen if we keep the it is so ordered. of these bills was reported out of the FHA’s loan volume cap at last year’s The Senator from California is recog- full committee either unanimously or level. nized. with a very large bipartisan vote. That If we fail to pass this bill, we are Mrs. BOXER. Mr. President, I have is because each of these bills represents going to throw thousands of low-in- been listening to the various col- a bipartisan consensus and stays with- come families out of stable, affordable

VerDate Nov 24 2008 23:34 Mar 03, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.023 S03MRPT1 wwoods2 on PRODPC68 with SENATE S2654 CONGRESSIONAL RECORD — SENATE March 3, 2009 housing. In the last year alone, 3 mil- have to expand and improve our rail ing us this little extra time. I intend to lion Americans lost their jobs. Commu- transportation in America to meet speak about 5 minutes. If the Chair will nities across this country are strug- that demand. But if we keep the fund- tell me when I have a minute to go, I gling to meet those needs. This is abso- ing levels flat, we could end up forcing would appreciate it. lutely the wrong time to unravel the Amtrak to shut down some of those Mr. President, before Senator MUR- safety net we have in place. The 2009 routes instead. RAY leaves the floor, I wish to thank omnibus bill would provide enough ad- Additionally, we finally got a settle- her for her very clear explanation as to ditional money to keep up with infla- ment for Amtrak’s workers last year the choice that is before us. If I could tion and keep the current tenant-based after they were forced to go almost 9 restate it in my own way, it is a choice section 8 recipients in their homes. If years without a wage increase. That right now that Senator MCCAIN is giv- we have to keep the funding for that settlement was recommended by Presi- ing us through his particular amend- program flat, the consequences will be dent Bush’s emergency board. It called ment, which would give us an option to severe. It is estimated that as many as for the Government—us—to make a go back to the budget of 2008 instead of 45,000 families will be turned out of lump-sum payment in backpay to Am- moving forward with a current budget their homes if we don’t pass this bill; trak workers. The bill before us in- that reflects the needs and priorities of that is, 45,000 families who would lose cludes the funding for that long-await- our Nation right now. their housing and be forced to turn to ed payment. Those workers earned that I do not have to tell you what has relatives, shelters—wherever they money, but if we do not pass this bill, happened to our country in the last can—for help. So this bill is critical to they almost certainly will not get it. several months and in the last year. We help us address the Nation’s housing I give those as a couple of examples are seeing an unprecedented recession. needs. of what could happen if we do not ap- My personal belief is we are going to But the omnibus is also essential to prove this omnibus bill and get it to get out of this. My personal belief is the safety of our airlines, our railroads, the President’s desk by Friday. Those, there are some signs out there even in our roads, and our bridges. All of us, I by the way, are just the risks in trans- my State, which is struggling mightily hope, are aware we face very serious portation and housing. I know many of with an over 10 percent unemployment challenges today because our air traffic my fellow chairmen on the committee rate, we see some small signs here of controllers and our safety inspectors will be talking about what happens to life. For example, sales of existing are retiring in very large numbers, health or agriculture or energy or law homes in California went up 100 per- leaving a lot of less-experienced people enforcement. cent in January over the year before. I to fill their shoes. Those are the people Less than a month ago, we came to- might say these are mostly sales of who help us land or take off at our air- gether on this floor to pass a huge bill foreclosed homes. This is a good thing. ports, who make sure our planes are designed to give our economy the We are looking for a bottom. But if we safe. We have been working for several jump-start we need to get the Govern- go back to old policies, if we go back to years to address this crisis. This bill is ment working again and make invest- a budget that doesn’t reflect the reali- going to make sure we can keep hiring ments that are going to create jobs and ties we face now, we are going back- new air traffic controllers and safety strengthen our communities. We are ward. inspectors so they can get the training already seeing it begin to work. But So we passed a stimulus package— and experience they need. This bill pro- the progress we are already making and I am so grateful we did that. Our vides the money to fully fund some of will be forced to a stop before it can President led us in that. Democrats the safety personnel we brought on last get any momentum if we do not put stuck together. We got three inde- pendent-thinking Republicans to join year. I hope it is very clear to everyone the people in place to carry it out. That is why this bill is so important. us, and we challenged the status quo how important it is to keep up these ef- This bill will keep the Government and we passed it. forts. If we do not pass this bill, not running at a time when we need Fed- And now today we are facing another only will we be unable to hire new safe- eral employees to put all of their ef- such choice between a budget of the ty personnel, but we are going to have forts, every single day, into helping our past offered to us by Senator MCCAIN, to fire some of the people we hired last economy recover. We need this bill to and a budget of the present. Senator year. We face a simple choice: We can help ensure that our low-income fami- MURRAY was eloquent in going through hire and train new air traffic control- lies keep safe, affordable housing. We all of the things—not all of the things, lers and address that huge gap in expe- need this bill so that the FHA can help but some of the things. I am going to rience levels between the workers who more people get loans and buy homes. talk about a couple of others. are retiring and the new employers And we need it to ensure that our tran- The Consumer Product Safety Com- who are at our towers across the Na- sit system runs safely and smoothly. mission gets an increase. If we go back tion or we can just let those shortfalls This bill is critical to every one of our to the old bill, as Senator MCCAIN get worse. I think that is an invest- communities, and we all have to work wants, we do not get that increase. ment we cannot afford to not make. together and do what is right for the What are we doing over there in the The same is true when it comes to American people today. We all know Consumer Product Safety Commission? the safety of the rest of our transpor- our families are struggling and they Protecting our children from dan- tation system. This omnibus bill pro- are scared about what is ahead for our gerous toys. vides critical investments in rail safety economy. They do not have time for us Senator MURRAY talked about fami- inspectors, truck safety inspectors, and to play games. They need help now. lies losing housing. That will be the re- pipeline inspectors. I hope we can all join together this ality if we go with the McCain ap- Back in the fall, through the leader- week and move this bill, the 2009 Omni- proach to a continuing resolution. The ship of Senators INOUYE and LAUTEN- bus appropriations bill, to the Presi- FHA will have to stop helping families BERG and many others, the Senate dent’s desk by Friday and get our facing foreclosure. Senator MURRAY passed a comprehensive rail safety and country working again. pointed that out. Amtrak bill that was signed by Presi- Mr. President, I ask unanimous con- Here is one I will point out, enforce- dent Bush. That bill laid out a very sent that the previously ordered vote ment of security laws. Inadequate re- new vision for a modernized national slated to occur at 11:45 now occur at 12 sources for the SEC. This would ham- rail network and a new safety system noon and that the additional time be per their ability to finally undertake that requires adequate staffing at the divided as previously ordered and the investigation enforcement against Federal Railroad Administration. With remaining provisions under the agree- these Ponzi schemes. Do we want to go this bill that is before us now, we begin ment remain in effect. back to the old budget before we knew to make those investments. It is not a The PRESIDING OFFICER. Without about these Ponzi schemes? I think it moment too soon. In the last couple of objection, it is so ordered. would be irresponsible. It would be years, a record number of commuters The Senator from California is recog- more of the party of nope; nope, we have parked their cars and started tak- nized. cannot fix this, nope, we cannot do ing the train in response to the eco- Mrs. BOXER. Mr. President, I thank that. I want to stand for hope, not nomic crisis and high gas prices. We my colleagues on the other side for giv- nope.

VerDate Nov 24 2008 23:34 Mar 03, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.001 S03MRPT1 wwoods2 on PRODPC68 with SENATE March 3, 2009 CONGRESSIONAL RECORD — SENATE S2655 We talked about the air traffic con- The PRESIDING OFFICER. The Sen- his veto pen and vetoed these bloated, trollers. There are also food and med- ator from Arizona controls all the re- pork-barrel, project-laden bills. He ical product safety inspections. We maining 241⁄2 minutes. should have. He did not, and he lost the would provide the FDA with an in- Mr. MCCAIN. I thank you. It is en- confidence of the American people be- crease of $325 million so they can make tirely possible all the time may not be cause we were not careful stewards of sure we do not see people getting sick used. the taxpayers’ dollars. from eating peanut butter that is con- As I discussed at length yesterday, So we went through a Presidential taminated. this amendment would provide for a campaign, and we said we would stop There is so much more Federal law long-term continuing resolution to business as usual here in Washington. enforcement effort through the Depart- fund the Federal Government through The President stated very clearly at ment of Justice. In the FBI, there the end of this fiscal year at the fiscal the debate in Oxford, MS, a mere 6 would be 650 fewer FBI agents. Is this a year 2008 level; in other words, the months ago: time we want to do that, as we are con- same level as last year. We need earmark reform. And when I tinuing the war against terror? Obviously, funds can be shifted am President, I will go line by line to In my last 2 minutes, I ask unani- around within agencies, and the allega- make sure that we are not spending mous consent that I have an additional tions that somehow we cannot do busi- money unwisely. 2 minutes. ness this year at the same level as last I want to give the President of the The PRESIDING OFFICER. Without year, when American families are United States a line item veto. I want objection, it is so ordered. clearly not doing business this year as him to be able to go line by line and Mrs. BOXER. We see in this bill, they did last year, I think are an exam- veto each unnecessary and wasteful brought to us by the Appropriations ple of being out of touch with the chal- spending project. I will be introducing, Committee, and I might say, in a bipar- lenges the American people face. with my friend from Wisconsin, Sen- tisan fashion—am I right on that—Sen- I think it is important for us to look ator FEINGOLD, a line item veto again. ator INOUYE, working hard with the at what this amendment is trying to But right now, this bill deserves the senior members of the committee, such do, which is simply maintain the same President’s veto. By vetoing this bill, as my colleague, Senator MURRAY—we level of funding as last year, in the the President could send a message to see a bill that is relevant to the prob- context of what the American people America and the world that for the lems of today, not an old bill that is of- are facing today. Unemployment in the enormous economic difficulties every fered up by Senator MCCAIN going previous speaker’s State is now at 10 American family is facing, we will backward, looking backward, going in percent, home values continue to plum- show them that we will be, for a reverse. It does not make any sense. If met, the stock market yesterday took change, careful stewards of their tax you sit down with your family today to another serious dive, as more and more dollars. discuss the issues of the day, and you of Americans’ savings, 401(k)s are dra- But there is no justification for, at avoid talking about the fact that one matically reduced, with massive job these difficult times, $1.7 million for child has gotten very ill and requires a layoffs, in a very serious economic sit- pig odor research in Iowa, $2 million lot of changes in your family budget, uation. for the promotion of astronomy in Ha- then your family budget is not going to I want to state again, America will waii, termite research, $1.9 million for accommodate for what has happened to recover from this. It is tough. It may the Pleasure Beach water taxi service your family. America is a family. This be long and hard. But America will re- project in Connecticut, $95,000 for the is a Government of, by, and for the peo- cover because we are still the greatest State of New Mexico to find a dental ple. nation in the world. But in the mean- school location, $1.7 million for a The last point I want to make, Sen- time, Americans are having to tighten honey bee factory, $951,500 for a sus- ator COBURN has been on the floor their belts all across this great Nation tainable Las Vegas, a parking garage bashing the congressional priorities of ours. They are having to reduce or in Provo City, UT, tattoo removal, that are in this bill, and he happened eliminate spending they have wanted to hit on one of mine. I want to set the $167,000 for the Autry National Center to engage in for a new car, for what- record straight. We have a county in for the Indian American West in Los ever they feel the necessities of their our State, Orange County. It is the big- Angeles, a rodeo museum in South Da- families are. They watch as their gest Republican county in the State. kota. These things may be nice. They may The voters voted, 58 percent, to take a health insurance premiums continue to former Marine Corps air station and go up and that are less and less afford- be nice to have, a Buffalo Bill histor- turn it into what is called a great park. able for many families. ical center in Cody, WY, but right now What we are asking here, obviously It is going to be a diverse development. Americans cannot afford health insur- in this very simple 1-page resolution, is In this bill, we have answered the call ance, they cannot keep their jobs. I am that we maintain the same funding of the local veterans group that wants not only angry about it, my constitu- to protect the great history of El Toro, level as last year. I will tell you, there ents are angry. And Americans are and they want to convert an old hangar are millions of American families who angry. It is being reflected in the polls that was opened in 1943 into a military would like to stay on the same funding of the lack of confidence in the future history museum and a welcoming cen- level as last year. So instead of that, of this country because we continue ter for the park. This response to that we have a statement of managers, 1,844 business as usual here in our Nation’s request will put people to work refur- pages, which no Member has read. We Capital. bishing this old Air Force base. So the have the bill itself, 800, 700-some pages, I know I will not be elected ‘‘Ms. Senator from Oklahoma has railed whatever it is. And, obviously, we have Congeniality’’ again this year in the against it. He attacks a balloon ride for dramatic increases, an 8-percent in- Senate. For many years I have fought children. That is not what we are fund- crease in spending over last year. We to try to eliminate a great deal of this. ing. We are funding a military mu- have been through many of these ear- Sometimes I have succeeded; most seum. marks. We have put them out. We have times I have failed. The previous chair- The PRESIDING OFFICER. The Sen- twittered them. And we will continue man of the committee used to call me ator’s time has expired. with our top ten. We have many top the sheriff. But the fact is, there is no Mrs. BOXER. Let’s listen carefully. I ten lists for this bill. It will be passed. time more important than now for us hope we will support our leaders on the It will be passed. Then it will be on the to show the American people that we Appropriations Committee and vote President’s desk, and the President are willing to tighten our belts, that down the continuing resolution as an will have a choice as to whether to ac- we are willing to stop this practice, option. cept all of these thousands and thou- which, yes, has corrupted people. That I yield the floor. sands of unnecessary, wasteful ear- is why we have former Members of Con- The PRESIDING OFFICER. The Sen- mark projects, and business as usual in gress now residing in Federal prison, ator from Arizona is recognized. Washington, or take out his veto pen. and staffers under indictment. This Mr. MCCAIN. Mr. President, how By the way, in all spirit of candor, the process is wrong. It is wrong because much time is remaining on either side? last President should have taken out we do not give it the scrutiny and the

VerDate Nov 24 2008 23:34 Mar 03, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.003 S03MRPT1 wwoods2 on PRODPC68 with SENATE S2656 CONGRESSIONAL RECORD — SENATE March 3, 2009 examination and the authorizing it de- will urge the President to veto the bill the hearings and staff review, the serves before we appropriate the when it gets to his desk, send it back, countless meetings with executive money. save billions of their tax dollars, and branch officials, the mark ups and the That is why Americans are angry at come back with a bill that Americans ensuing direction that comes with this the way we do business and our ap- can say is truly reflective of the chal- bill would be wasted. proval ratings continue to be very low. lenges we face. More importantly than the wasted ef- Our approval ratings are something I yield the floor. fort is that the Congress would be abro- that is somewhat ephemeral. But this The PRESIDING OFFICER. The Sen- gating its responsibility. practice has grown and grown and ator from Hawaii. Under a continuing resolution the grown over the years that I have been Mr. INOUYE. Mr. President, the Sen- government operates programs under a Member of Congress and the Senate. ator from Arizona proposes that the the authority of the previous year. It has continued to grow, and it has Congress should enact a continuing Programs that should have been termi- continued to waste the American tax- resolution until the end of the year in- nated continue to be funded. payers’ dollars. So I ask Americans, stead of fulfilling our responsibilities Important new programs cannot be along with me, to ask the President to and completing work on the appropria- initiated. This is true even if the pro- veto this bill and have him send one tions bills for fiscal year 2009. gram is something that was supported back that is truly reflective of the Last summer the Appropriations by both the previous administration tough times America is in today, that Committee reported 10 Appropriations and the Congress. It is true if the Con- we cannot afford any longer this waste- bills to the Senate. All of them were gress passed a new authorization to ful spending practice, this spending on reported to the Senate from the Com- fund it last year. projects that appear in the middle of mittee with overwhelming bipartisan Is this really how we want to manage the night, and sometimes, as in one of support. Eight were reported with the executive branch? last year’s appropriations bills, they unanimous support. Of the ten bills, Under a continuing resolution fund- were projects added after the President only three were enacted. ing for the agencies covered by this bill signed the bill into law. No one knows The other bills were put on hold be- would be held at last year’s level. where it came from. What kind of a cause the previous administration re- The Congress authorized a pay raise process is that? What kind of a process fused to negotiate on overall spending for our civil servants, and it must be is it that we have legislation that is levels approved by the Congress. paid. But unless funding in the budget this high, that no Member has read? Two other bills, Legislative and Inte- is increased, other programs will have The whole process has to be fixed. rior, were prepared by the Sub- to be cut to meet payroll. For the President’s budget director committee Chairmen, in concert with A continuing resolution doesn’t ac- to say: This is last year’s business, we their Ranking Members, but were count for the cost of inflation. Even in want to move on, and the President’s never completed. these tough economic times, there has Chief of Staff, who has said: Mr. Obama These nine unfinished bills were left been cost growth in managing our Gov- was not happy with the large number on the shelf until the current adminis- ernment. We all know that it costs of earmarks in this bill but, ‘‘The tration was elected. more to run these agencies this year President had kept lawmakers from Last fall the House and Senate Ap- than it did in 2008. But under a con- adding a single earmark to the $787 bil- propriations Committees sat down in tinuing resolution agencies have to cut lion stimulus package, and a $32.8 bil- bipartisan negotiations to work out necessary functions to cover the higher lion State Children’s Health Insurance the differences between these nine costs due to inflation. Program,’’ I find to be a very disingen- bills. Perhaps most important, under a uous statement on its face. The result of those negotiations is continuing resolution the Congress The President’s pledge 6 months ago the bill before the Senate today, H.R. foregoes oversight of the executive wasn’t that he would claim to keep two 1105. branch. In each appropriations bill, the bills earmark free and then let there be This bill reflects a compromise be- committees include guidance on how a feeding frenzy of pork barrel. His tween the bills of both bodies. funding should be allocated. Some pro- pledge was: ‘‘We need earmark reform’’ It is a fair outcome that protects the grams are increased; others are cut and, as President, he would do it. interests of the House and Senate. compared to the budget request. When I read today an article in the Chicago This bill was agreed to by the House we operate under a continuing resolu- Tribune that Mr. Emanuel is tied to as last week, with votes from Members of tion, the Congress turns over control many as 16 earmarks in this legisla- both parties. to the agencies. tion, totaling $8.5 million, $900,000 for I should point out that Members have Mr. President, the Constitution pro- Chicago’s Adler Planetarium and As- had more than a week to review the vides the Congress with the power of tronomy Museum, and the list goes on. legislation. the purse to ensure that we exercise When do we turn off the spigot? The bill and statement have been on control over the executive branch. Haven’t we learned anything from the the internet since last Monday. It is one of the most important rights calls and letters, meetings with our I also note that this bill was not done of the legislative branch. constituents who pour their hearts and in the dark of night. Virtually every But it is also a duty. souls out and share their fears about item in the bill reflects the bipartisan It is the duty of the Congress to de- keeping their jobs and homes as they work of the Appropriations Sub- cide how the executive branch should struggle to put food on their families’ committees from last year. spend the taxpayer’s money. tables? Bills such as this jeopardize Most of this information was posted When we decide to govern by con- their future. One of my greatest fears on the internet and has been available tinuing resolution we are not respon- about the President’s budget is that at to Members’ offices since last summer. sibly fulfilling this duty. no point in his budget does there seem Unlike some omnibus bills in the This amendment would turn over to be a balanced budget, nor is there past, there is no major legislation that control of Government spending to the any triggering mechanism, such as this was added at the last minute. administration. side proposed in the stimulus bill, that The direction from the leadership of It would put the Government on once our economy recovers—and it will both houses was not to add controver- autopilot for programs approved for recover—we embark on reductions in sial new material in this bill, and the 2008 not 2009. spending. Right now we are laying a committees did not. This is not the way for the Congress huge debt on our children and grand- If the Senate were now to determine to manage its business. children which is not in keeping with that we should not complete our work I will grant that the effect of this our responsibilities. on the fiscal year 2009 appropriations amendment would probably cut the I urge colleagues to vote for this bills at this juncture and instead agree earmarks that are included in this bill. amendment. I doubt it will be passed. I to a continuing resolution for the rest And while the majority of my col- hope the American people understand of the year, all the efforts of the Com- leagues have supported earmarks in what is at stake. I hope all Americans mittee in reviewing the budget request, this bill for their constituents, it is

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Our banking system affects every This is bad policy for both the Con- NAYS—63 gress and the executive branch, and I American’s standard of living, our abil- Akaka Feingold Murray ity to create and maintain jobs, and urge my colleagues to oppose the Alexander Feinstein Nelson (FL) amendment. Baucus Gillibrand Nelson (NE) our ability to compete globally. It is As chairman of the Defense Appro- Begich Hagan Pryor central to all financial and household Bennet Harkin Reed priations Subcommittee, it should be activities for Main Street America. Bennett Inouye Reid Unfortunately, our financial system noted that if it weren’t for earmarks or Bingaman Johnson Rockefeller congressional initiatives, the C–17, the Bond Kaufman Sanders is not working. The credit market is Boxer Kerry Schumer clogged with toxic assets mainly made highly acclaimed cargo plane, would be Brown Klobuchar Shaheen history. Production would have been up of risky subprime housing loans Burris Kohl Shelby which were packaged into exotic finan- stopped. But Congress took action to Byrd Landrieu Snowe continue. Now all military leaders are Cantwell Lautenberg Specter cial instruments, sliced and diced, and Cardin Leahy Stabenow saying that was a great decision. The sold here and abroad. The toxic assets Carper Levin Tester are clearly at the center of the credit F–22, the fighter of the future—stealth, Casey Lieberman Udall (CO) crisis, and until they are removed from firepower—that would be a matter of Cochran Lincoln Udall (NM) the system, fear and uncertainty will history also. I could go on and on, but Collins Menendez Warner Dodd Merkley Webb continue to dominate the markets and we don’t have the time. Dorgan Mikulski Whitehouse our economy. All I want to say is that earmarks Durbin Murkowski Wyden To respond to the financial crisis, the are not evil. Yes, there are some that NOT VOTING—4 previous administration and financial are questionable, and there will come a Conrad Kennedy regulators took a number of actions. time to do that. Johanns Sessions While many of these actions were con- I urge colleagues to oppose the The amendment (No. 592) was re- fusing and ad hoc in nature and lacking amendment. jected. in transparency, a financial calamity I yield the remainder of the time. I Mr. COCHRAN. Mr. President, I move was likely staved off. suggest the absence of a quorum. to reconsider the vote. Unfortunately, instead of being im- The PRESIDING OFFICER. The Mr. DURBIN. I move to lay that mo- plemented with the expectation that clerk will call the roll. tion on the table. the administration and the Treasury The bill clerk proceeded to call the The motion to lay on the table was Department would provide a coherent, roll. agreed to. systematic, and transparent approach Mr. KYL. Mr. President, I ask unani- The PRESIDING OFFICER. The Sen- to its financial rescue efforts, the mous consent that the order for the ator from Missouri is recognized. Troubled Asset Relief Program, or quorum call be rescinded. Mr. BOND. Mr. President, I ask unan- TARP, has been plagued by poor over- The PRESIDING OFFICER. Without imous consent to speak as in morning sight, confusion, and changing direc- objection, it is so ordered. business for 12 minutes. tion. Mr. KYL. Mr. President, will you The PRESIDING OFFICER. Is there This ‘‘ad hocracy’’ has created more please state the pending business? objection? Without objection, it is so uncertainty in the financial markets The PRESIDING OFFICER. All time ordered. and for policymakers and taxpayers. Also, independent assessments have having expired, the question is on AMERICA’S CREDIT CRISIS raised serious questions about the pro- agreeing to amendment No. 592 offered Mr. BOND. Mr. President, families gram’s integrity, accountability, trans- by the Senator from Arizona, Mr. and businesses across the Nation are parency, and effectiveness. MCCAIN. suffering from a severe economic Mr. KYL. Mr. President, I ask for the About 3 weeks ago, Treasury Sec- squeeze. Unfortunately, despite the $1 retary Geithner released his financial yeas and nays. trillion stimulus bill passed by Con- The PRESIDING OFFICER. Is there a stability plan. While I welcome the gress, this economy will not recover— Secretary’s and the administration’s sufficient second? at least not until we tackle the root of There appears to be a sufficient sec- new thoughts on resolving the finan- the problem. As President Obama said cial crisis, his plan fails to live up to ond. last week, we must solve America’s The clerk will call the roll. its promise. The plan fails to provide credit crisis. the clarity and the focus needed to ad- The bill clerk called the roll. I am hearing from folks in my home dress the financial crisis. Perhaps even Mr. DURBIN. I announce that the State of Missouri and across the Na- more damaging, the plan created doubt Senator from North Dakota (Mr. tion who are sick of hearing gloom and and uncertainty about the Secretary’s CONRAD) and the Senator from Massa- doom being preached by Government and administration’s ability to lead chusetts (Mr. KENNEDY) are necessarily officials, sick of watching tens of bil- our Nation out of this crisis. absent. lions of good taxpayer dollars being put There is no roadmap, no exit strat- Mr. KYL. The following Senators are into failing institutions, and sick of egy, and by throwing more taxpayer necessarily absent: the Senator from listening to the debate on how much money at the problem, we are only Nebraska (Mr. JOHANNS) and the Sen- we should pay failing CEOs, when com- digging a deeper hole. Once again, the ator from Alabama (Mr. SESSIONS). mon sense says we should fire them. plan is nothing more than ‘‘ad Further, if present and voting, the Let me be clear. All Americans need hocracy.’’ Senator from Alabama (Mr. SESSIONS) to care about the credit crisis and the Based on what can be gleaned from would have voted ‘‘yea.’’ Government’s response. We have to the administration’s bare bones an- The PRESIDING OFFICER. Are there solve the credit crisis to protect Main nouncement, most elements of the plan any other Senators in the Chamber de- Street families and workers. The key appear to be stylistic changes to what siring to vote? to our economic recovery is the sta- has already been tried under the pre- The result was announced—yeas 32, bilization and restoration of the finan- vious administration and leaves uncer- nays 63, as follows: cial markets. Our financial markets tainty about the ultimate question: [Rollcall Vote No. 74 Leg.] make up the lifeblood of our economy, How will toxic assets be addressed? YEAS—32 which families need to buy homes and Fear and uncertainty cloud financial Barrasso Brownback Burr cars, students need to receive loans, markets because of a lack of con- Bayh Bunning Chambliss and small businesses need to purchase fidence of the solvency of our banking

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The private sector is unwill- bank’s depositors up to the current heads in the sand to avoid what needs ing to provide capital to the banks, and FDIC guarantee. It is essential that we to be done, and by simply hoping the likely result would be a collapse of continue to protect families’ invest- things will get better. Throwing more the system. ments. taxpayer dollars at it or hoping they Let me be clear. We cannot afford to Next, the Government can separate will get better on their own is unreal- do nothing. We cannot afford a collapse the bad assets from the good and hold istic. Failing to address the toxic as- of the entire banking system. A col- the bad assets until market conditions sets that clog the financial system un- lapse of this magnitude would dev- improve. Remember, during the sav- dermines taxpayers’ confidence in our astate families, farmers, students, and ings and loan crisis, the RTC took 4 to markets, exacerbates our economic businesses in every community in 5 years and sold off nearly $460 billion condition, and throws more tax dollars every State. in assets. But the RTC’s patience and down a rathole. The time for half- The second option is to keep prop- strategy to sell off the assets in a grad- baked measures is long past. ping up the financial institutions by ual manner is a model we can use to It is time we implement a bold, co- injecting more good taxpayer funds address the massive toxic assets that herent, and smart plan to ensure ac- into sick financial institutions. That are holding back the recovery of the fi- countability, transparency, and over- option has been applied over the past nancial industry and do so in a manner sight. This tried and tested approach is several months—most recently with that will help limit loss to taxpayers. more cost-effective and efficient than AIG. Yet our financial system clearly The FDIC has broad powers and expe- the current haphazard approach. Rath- continues to struggle. And I for one rience, which is why the FDIC should er than pumping more and more tax- cannot support a plan that will spend be the lead. Its resolution powers, in- payer funds into sick banks, it is time more taxpayer dollars without solving cluding conservatorship, were author- to take the toxic assets that under- the real problem. ized by Congress nearly 20 years ago mine the health and viability of the fi- Putting more good taxpayer money and then later improved under the into bad institutions must end. We nancial system. In other words, it is FDIC Improvement Act of 1991. And if time to fire the bazooka. It is time to must implement a plan that has the FDIC needs additional authority or worked in this and other countries. We stop letting politics and fear drive de- resources, Congress and the adminis- cisions. It is time for smart, consid- must remove toxic assets from banks. tration should act quickly to ensure This approach employs the statutory ered, and decisive action based on the FDIC can handle the crisis. authorities, an approach long used by strategies that have worked. In the case of IndyMac, FDIC took the FDIC for failed banks. It has suc- In closing, I ask my colleagues and over as conservator. It not only pro- ceeded in purging toxic assets over a fellow Americans this question: Are we tected depositors, it also established long period of time. prepared to do what is necessary to This American credit cleanup plan is and implemented an aggressive fore- save our financial system and our econ- founded on lessons we learned with our closure mitigation program. To avoid omy? I do not believe the answer can experience with the savings and loan long-term ownership of the institution, be anything but yes. crisis and avoids the mistakes made by the FDIC is in the process of selling the I thank the Chair for his indulgence, Japan which gave them their so-called assets and ownership of the operation and the staff. I yield the floor. lost decade. back into private hands. The PRESIDING OFFICER. The Sen- First, through independent regu- Finally, this approach eliminates the ator from Mississippi. lators, the Government must deter- conundrum of valuing the assets since Mr. WICKER. Mr. President, I send mine the true health of our banks. The the Government is acquiring the assets an amendment to the desk and ask for overarching test is, will the bank or fi- at the bank’s current book value, its immediate consideration. nancial institution fail without tax- which means including appropriate The PRESIDING OFFICER. The Sen- payer funds. Secretary Geithner de- writedowns by regulatory and account- ator requires unanimous consent to serves credit for recommending a stress ing authorities. proceed and debate. test to determine more precisely and For conservatorship to be effective, Mr. WICKER. I ask unanimous con- fully the condition of the bank—a however, it is critical that the Govern- sent to proceed and debate. stress test that should have been im- ment’s work be free and independent Mrs. MURRAY. I object. plemented a long time ago. However, a from political interference. Microman- The PRESIDING OFFICER. Objec- stress test cannot be a one-time snap- aging by Congress and the administra- tion is heard from the Senator from shot. It should have been and now must tion must end. Washington. be a regular and ongoing review of a It is critical that one Government bank’s health. agency be selected to lead the cleanup. f Management by committee and mul- It is critical these stress tests be RECESS done in an objective and transparent tiple regulators is a recipe for disaster. manner, without political interference, While each Government regulator The PRESIDING OFFICER. Under but professionally, since it is the basis brings important skills and resources the previous order, the Senate stands for Government action. This leads to that may be necessary for cleaning up in recess until 2:15 p.m. today. the second key principle. toxic assets, the FDIC is best equipped Thereupon, the Senate, at 12:38 p.m., For those banks found to be insol- to carry out an efficient and effective recessed until 2:15 p.m. and reassem- vent, toxic assets must be removed in a process of cleaning up troubled banks bled when called to order by the Pre- transparent, market friendly manner as the lead agency. If necessary, the siding Officer (Mr. BURRIS). that is free from political interference, FDIC can draw upon additional re- Mrs. MURRAY. Mr. President, I sug- protects taxpayers, and has a clear exit sources from other regulatory agen- gest the absence of a quorum. strategy. cies, as well as the private sector, to The PRESIDING OFFICER. The To accomplish the goal, the Govern- complete its conservatorship. clerk will call the roll. ment should exert temporary control Under the third principle, failed ex- The legislative clerk proceeded to of the institution through conservator- ecutives and members of the board who call the roll. ship. The FDIC has existing authorities are responsible for the failure of the Mr. ENSIGN. Mr. President, I ask to act as conservators and did so re- sick financial institution should be re- unanimous consent that the order for cently with IndyMac. placed. Capping pay and taking away the quorum call be rescinded. Under this approach, the taxpayer corporate jets is not enough. Firing the The PRESIDING OFFICER. Without has greater protections because the senior executives and boards of direc- objection, it is so ordered.

VerDate Nov 24 2008 23:34 Mar 03, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.008 S03MRPT1 wwoods2 on PRODPC68 with SENATE March 3, 2009 CONGRESSIONAL RECORD — SENATE S2659 MOTION TO COMMIT WITH INSTRUCTIONS There is a saying—and I don’t re- Of course we need to pay back the Mr. ENSIGN. Mr. President, I send a member who said it, exactly or how it labor unions. There is $190,000 to the motion to the desk and ask for its im- was said, but it is basically along these Plumbers Local Union 27 and Steam- mediate consideration. lines: The systems of government such fitters Union 449, and that is in Penn- The PRESIDING OFFICER. The as we have always collapse due to two sylvania for the Western Pennsylvania clerk will report the motion. reasons: The first one is a moral col- Pipe Trades Regional Training Project. The legislative clerk read as follows: lapse, the second one is followed by an We also have almost $500,000 for the The Senator from Nevada [Mr. ENSIGN] economic collapse. You can understand George Meany Center for Labor Studies moves to commit the bill (H.R. 1105) to the why they happen in that order. Because at the National Labor College. Committee on Appropriations with instruc- what happens if people aren’t moral I have a whole list. As a matter of tions to report the same back to the Senate enough to care about future genera- with the following amendment: fact, I ask unanimous consent to have tions? What they do is they vote people this list of earmarks printed in the Mr. ENSIGN. Mr. President, I ask into office who give them what they unanimous consent that further read- RECORD. want. They borrow from the Treasury There being no objection, the mate- ing of the amendment be dispensed to get it, and when the debt gets too with. rial was ordered to be printed in the high, it collapses the economy. RECORD, as follows: The PRESIDING OFFICER. Without What we are doing around here is ex- NOTABLE EARMARKS objection, it is so ordered. actly that. We are repeating the mis- These earmarks are listed in the Joint Ex- The amendment is as follows: takes of history. We are borrowing SEC. lll. (a) ACROSS-THE-BOARD-REDUC- planatory Statement which was published in TION.—Amounts appropriated under this Act from our children. We are running up the CONGRESSIONAL RECORD of February 23, for— huge debts. If folks don’t think our 2009; after each earmark is the page number (1) fiscal year 2009 shall be reduced by economy can’t completely collapse due in the RECORD where it is listed. $18,981,000,000; and to the huge debt burden we are passing, $1.76 million for a honey bee lab (H1691). (2) fiscal year 2010 shall be reduced by they have another thing coming. Con- $1.79 million for swine odor and manure $3,274,000,000. fidence in the dollar right now is ques- management research (H1692). (b) IMPLEMENTATION.—The Director of the tionable around the world. Looking $767,000 for subtropical beef germplasm Office of Management and Budget shall ad- into the future, as we run up these (H1692). minister the reductions in subsection (a) to $245,000 for aegilops cylindrica (jointed the amount of budget authority provided or larger and larger deficits and add to a goatgrass) (H1700). obligation limit imposed for any discre- huge burgeoning debt in the United $469,000 for ethnobotanicals (ethnobotany tionary account of this Act. States, people around the world are is ‘‘the plant lore and agricultural customs Mr. ENSIGN. Mr. President, I don’t going to wonder about the strength of of a people’’) (H1698). think we need a long time to discuss the dollar. They are going to wonder $5.8 million to the Edward M. Kennedy In- this amendment. It is a pretty simple whether they want to continue to buy stitute for the Senate in Boston for the plan- amendment. What it says is, we are our Treasury bonds and finance our ning and design of a building and possible debt. If they stop buying our bonds, our support for an endowment (H2296). going to take this bill back to the Ap- $5 million for New Leaders for New propriations Committee and have the economy collapses. It literally falls off Schools, an organization whose executive di- Appropriations Committee make the the cliff. rector is likely to be named the next chief of appropriate cuts so this bill comes We have a fiscal responsibility to be staff at the Department of Education (H2371). back at the 2008 funding level. moral enough to care about future gen- $190,000 to the Plumbers Local Union 27 & We have to ask ourselves: When is erations of Americans, to not continue Steamfitters Local Union 449, Coraopolis, the Senate going to start being fiscally to add dollar after dollar, million after Pennsylvania, for the Western Pennsylvania responsible? The other side of the aisle million, billion after billion, trillion Pipe Trades Regional Training Project criticized us, and rightly so, for free after trillion onto their debt load. I (H2364). would encourage this body to adopt $238,000 to the San Francisco Department spending over the last 8 years. That of Economic and Workforce Development, was one of the things President Obama this reasonable amendment to this bill; San Francisco, California, for the Green Jobs campaigned on and the Democrats that instead of increasing the Govern- Workforce Development Training Pilot across the country campaigned on. ment 8 percent over last year on these project (H2365). They said they were going to be the particular spending bills, let us freeze $238,000 to Marquette University, Mil- party of fiscal responsibility. it at last year’s level. We are not ask- waukee, Wisconsin, for a dental health out- The debt held by the public has con- ing to cut anything, but let’s freeze it reach program (H2335). tinued to increase. The problem is that at last year’s level. $95,000 to the State of New Mexico, Santa Fe, to collect and analyze data about the under the President’s new budget, over It will be up to the Appropriations Committee to decide whether some ac- need and potential locations for a dental the next 5 years, the debt is actually school within the state (H2348). going to double. Over the 10-year budg- counts are more worthy than others. $571,000 to the U.S. Virgin Islands Depart- et he has proposed, the debt held by the They can plus up those or cut others ment of Health, St. Thomas, Virgin Islands, public is going to triple from already that are not as worthy. They can take of which $190,000 is for facilities and equip- unsustainable levels. care of Members’ projects if they wish ment for a mental health facility (H2350). My amendment says that we give to take care of Members’ projects. But $476,000 to the George Meany Center for spending a little haircut around here. the bottom line is, this amendment Labor Studies at the National Labor College, It is not significant. It is saying that would at least start down the road of Silver Spring, Maryland, for curriculum de- fiscal responsibility to future genera- velopment (H2297). at a time when we recently passed a $1.6 million to the Michigan Community stimulus package, which tremendously tions. College Association for an alternative en- increased Government spending, let us I have a couple other comments. Can ergy training initiative (H2299). not take last year’s spending bills and anybody rightly say this bill is full of $1.2 million for eyeglasses for students also tremendously increase their levels good spending, of justified spending? whose educational performance may be hin- of spending. The current omnibus pro- We have heard about all the earmarks. dered because of poor vision (H2285). poses an 8-percent growth in the size of Let me note a few of them, if you think $618,000 for teacher training in the Samoan this bill is full of good spending. Mr. language (H2279). our Government from one year to the $485,000 for a boarding school for at-risk next. We are talking about a record President, $1.79 million—and I am not Native students from remote villages across deficit this year. $1.75 trillion is a big exaggerating—$1.79 million for swine western Alaska (H2284). number; people can’t even get their odor and manure management re- $476,000 to expand the PE4life physical edu- arms around that number. search. I am a veterinarian by profes- cation program across Iowa (H2289). If you to spent $1 million a day, 7 sion. I understand that pigs smell and $428,000 to the University of Texas Librar- days a week, 365 days a year, beginning pig farms smell worse than almost any- ies for the Latino Veterans Oral History at the time Jesus was born, you still thing else. But when did it become the Project (H2368). $381,000 for the Cedar Rapids Symphony Or- wouldn’t be at your first $1 trillion responsibility of the Federal Govern- chestra (H2280). today. Our deficit this year is $1.75 tril- ment to control pig odor? Shouldn’t $381,000 for a business school in Des lion. To add to that deficit with this that be the responsibility of pig farm- Moines, Iowa to recruit and train captioners spending bill, I believe, is outrageous. ers? and court reporters (H2293).

VerDate Nov 24 2008 01:14 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.024 S03MRPT1 wwoods2 on PRODPC68 with SENATE S2660 CONGRESSIONAL RECORD — SENATE March 3, 2009 $357,000 for Farmingdale State College in move forward. We passed a major eco- are going to get. They are waiting for New York to develop a green building cur- nomic recovery package just a few us to finish our work this week, by this riculum (H2297). weeks ago. It is being implemented as deadline, Friday, so we do not go back $333,000 to train college students in closed we speak and will be implemented over to a CR. It is our responsibility to pass captioning (H2295). $285,000 for an associate degree program for the coming weeks and months. these bills. air traffic controllers (H2293). Here we are today talking about a The Senate had a very strong vote $262,000 to support the advancement of bill that basically is the responsibility just a few hours ago to say we are not underrepresented minority pharmacists and of Congress, every single year, to fund going to work off a continuing resolu- pharmaceutical scientists (H2294). the Government agencies that help tion. We are going to do a responsible $243,000 for the commercial driver’s license make our country work. We should job of funding these agencies, as we training program at White Mountain Com- have had this bill passed 3, 4, 5 months said. munity College in New Hampshire (H2305). ago. We did not. This bill was done. It The amendment of the Senator from $238,000 for the University of Hawaii to pro- Nevada that now comes before us sends vide cultural education (H2297). was ready to go by the end of July. All $238,000 for emergency and preparedness of the appropriations committees had us into a tailspin. It says we are going education programs in Beverly Hills, Cali- finished their work. They had passed to send these bills back to the Appro- fornia (H2291). them out of the Appropriations Com- priations Committee to cut some $20 $238,000 for daily physical education activi- mittee, almost all of them on a unani- billion out of them and come back to ties in Detroit (H2281). mous vote, some of them with just a us. First of all, just from a process $214,000 for the Stony Brook University few negative votes in committee. point of view, this is not going to hap- School of Journalism in New York to teach But the responsibility of the Senate pen by this Friday, and if we do not get scientists how to effectively communicate and House and Congress every year is with the public and the press (H2303). this bill passed by this Friday, the $190,000 for Hawaii Community College to to pass our spending bills. We pass Government shuts down. I can talk provide cultural education (H2297). these bills in order to make our agen- about the consequences of that. I have $190,000 for Southeastern Illinois College to cies work, whether it is the Food and been in this body before when the Gov- develop a mining and mine safety cur- Drug Administration that makes sure ernment shut down. It is not pretty, riculum (H2302). our food is safe, whether it is our air and we do not want to be there for a $143,000 for equipment at the University of traffic controllers who manage the million reasons that I am happy to Guam Marine Laboratory (H2303). flights out of our airports, whether it talk about for some time, but we will $95,000 for scholarships and program costs related to prosthetic dentistry and clinical is our health care agencies that do re- leave that for another day. prosthodontics (H2293). search and important work for this Na- The fact is, to send this bill back to $95,000 for Indiana University of Pennsyl- tion’s health, whether it is Govern- the Appropriations Committee and tell vania for curriculum development for a mine ment agencies that fund agriculture or them to cut $20 billion out of it, that safety course and research on the use of any of the other agencies we have. will underfund critical initiatives this mine maps (H2298). These are people who go to work every Senate and this House believe are im- $95,000 for Murray State University in Ken- day whose function it is to make our portant. tucky to purchase equipment for the economy and our country work so that Let me talk for a minute about hous- Breathitt Veterinary Clinic (H2300). average citizens do not have to sit at ing. We all know that one of the rea- $65,000 for a feasibility study of potential sons our economy is in such trouble Iowa school sites (H2282). home and worry about whether the Certain earmarks that have been linked to drug they purchase is safe or whether today is because of the housing crisis a lobbying firm reported to be under federal the agriculture they buy at the market that has come before us. In this bill— investigation include $951,500 for a Direct is safe or whether their schools are if we do not pass it as it is written and Methanol Fuel Cell (DMFC) (H2044), $951,500 funded or whether we provide individ- before the Senate today, we have about for Adaptive Liquid Crystal Windows (H2038), uals the basic health care Americans 45,000 families who will lose their jobs and $951,400 for an anti-idling Lithium Ion know they need in order to keep their on top of the thousands we have al- Battery Program (H2038). families secure. ready seen. We cannot afford to put Mr. ENSIGN. There are plenty of oth- It is too bad these bills didn’t pass a those families in jeopardy. Yet that is ers we could go through, but for the few months ago. Why didn’t they? Be- essentially what will happen if the sake of time, let’s just be fiscally re- cause we had an administration whose amendment of the Senator from Ne- sponsible right now. Let’s add a little bottom line was to say no. The Presi- vada is agreed to. fiscal responsibility into this body, and dent at the time, President Bush, said: We are working hard to make sure let’s adopt this amendment that says I will say no to these bills as they come our families do not go into foreclosure. we are going to freeze spending from to my desk. The amendment of the Senator puts all Government that was not already But here in the Senate and in the of those families at risk. Single-family plussed-up in the stimulus bill. Let’s be House, we said: These bills are impor- guaranteed housing loans are at risk fiscally responsible. tant, but if this President is going to under the amendment of the Senator. I yield the floor. veto them, we are going to wait a few Federal law enforcement efforts The PRESIDING OFFICER. The Sen- months for the election. through the Department of Justice are ator from Washington is recognized. That happened, we have a brandnew at risk through the amendment of the Mrs. MURRAY. Mr. President, I rise President, and, unfortunately a few Senator. Antiterrorist enforcement to oppose the amendment that has just months late because we were working programs through the Department of been offered by the Senator from Ne- on an economic stimulus package, we Treasury are at risk under the amend- vada. I go home every weekend and I are here to pass these bills. I wish they ment of the Senator. U.S. attorneys talk to families across my State. There were done a few months ago. I know all are at risk. Food and medical product is no doubt that people are hurting. of us do. But we should not delay it any safety—right at a time when we are all Thousands of people have been laid off further. All of the people who worked worried about peanut butter—is at from their jobs, and thousands more with us to get these bills passed, every- risk. Consumer product safety—the are worried that this week they are the one in the country, whether it is a risk goes on. All of these priorities ones who are going to be laid off from YMCA that has a domestic violence that we worked through our committee their jobs. center that is waiting for $100,000 that on a bipartisan basis and said we need Since we first came into session in we marked up in committee and appro- to move these initiatives forward are January, we have been working as hard priated last year for them, or highway at risk under the amendment of the as I have ever seen to address these projects we marked up in this bill, or Senator. challenges that are facing millions of transit projects, across the board, I believe we have to all go back to Americans today—losing their jobs, whether it is law enforcement, whether our responsibilities. All of us wish the losing their homes, losing their retire- it is consumer product safety, whether bill could have passed a few months ment. We are trying to get this econ- it is the numerous housing agencies ago. It didn’t. It is in front of us now. omy back on track and instill some that are funded in this—they have We need to pass this bill, get it to the confidence in this country so we can known for several months what they President’s desk, and then we will have

VerDate Nov 24 2008 01:14 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.007 S03MRPT1 wwoods2 on PRODPC68 with SENATE March 3, 2009 CONGRESSIONAL RECORD — SENATE S2661 an opportunity to look at a budget for Mr. ENSIGN. Mr. President, I wish to termine which programs are funded at 2010. Our Budget Committee will look first address a few of the misrepresen- what level. If you believe there are cer- at that budget hard, we will pass the tations of my amendment by the Sen- tain priorities that need more funding, budget out—it will have to pass in the ator from Washington. My amendment then fund them; otherwise, let’s be Senate and House—and it will set the does not cut any specific program, and honest about this debate. And I am parameters for next year’s appropria- you know it. It says to the Appropria- more than happy to go back and forth tions bills. Those appropriations com- tions Committee: We will send this with the other side about the merits. mittees will then, in the next few back to the Appropriations Committee, But if anybody thinks there is not months, begin to work on their bill. and you determine which programs are wasteful spending going on in Wash- For anybody who has issues, small or funded and which ones are not funded. ington, DC, you need to wake up and large, that is the appropriate place to But you will fund them at last year’s smell the coffee because it is out- begin the debate and amendment proc- level. If you want to raise the level in rageous how much waste there is in our ess and hopefully in regular order to certain areas, then you will have to cut Government today—outrageous. We do pass those bills and move forward. But funding in other areas. not require fiscal discipline in our we should not jeopardize this bill at We just have to ask ourselves the agencies, and that is what we need to this point. That is not responsible. question: Does anybody believe there is start doing. That is not what any of us should be wasteful Washington spending? Does I yield the floor. doing at this point. our Government have any wasteful The PRESIDING OFFICER. The Sen- Finally, let me talk about the debt spending in it? If you say there obvi- ator from New York is recognized. issue we have been hearing so much ously is wasteful spending, when was Mr. SCHUMER. I ask unanimous con- about. None of us wants to operate this the last time we cut anything? When sent to address the Senate as in morn- country in debt. All of us are fiscally was the last time we cut any wasteful ing business. responsible. I have heard every Member spending? Congress needs to address The PRESIDING OFFICER. Without of the Senate come forward and talk this wasteful spending. Part of the Ap- objection, it is so ordered. about making sure we keep our house propriations Committee job is over- PRESIDENT OBAMA’S MISSILE SHIELD LETTER TO in order. sight. The Committee then figures out RUSSIA Who got us to where we are today? what is working, what is not working, Mr. SCHUMER. Mr. President, I rise The Republicans who came into power fund what works and cut what does not today in support of President Obama’s under George Bush turned historic sur- work. But that doesn’t happen around critical recognition that Russia must pluses into historic deficits by not here. All they do is add and add. be a major player in blocking Iran’s de- being honest about the costs in front of If you check the Constitution, the velopment of dangerous weapons. Yes- us—whether it was the Iraq war or purse strings are controlled by Con- terday, it was reported that the Presi- whether it was other costs that were gress, not by the President. Democrats dent wrote to Russia’s President paid off-budget, emergencies across the are entering their third year of that Dmitri Medvedev signaling an openness country—not coming forward and being control in both houses. So what we to re-examining the contested missile honest about the fact that we do need have to do here is exercise our author- defense system in Eastern Europe, to fund health care research or edu- ity and say we are going to be fiscally while urging Russia to help us stop cation for our kids. Why have these responsible. You can say you are fis- Iran from developing nuclear warheads bills not passed before the election? Be- cally responsible all you want, but un- and long-range weapons. cause even Republicans didn’t want to less you act on it, the words are hol- This overture by President Obama is cut education or to cut health care, low. Reaganesque in its boldness. It has the which would have been what we had to Businesses across America are look- potential to represent the most cooper- do to meet the President’s budget ing for ways to cut waste from their ative approach to a global threat by level. budgets during this economic down- our two countries since President I take a backseat to no one when it turn. Do you know what they are find- Reagan and Gorbachev signed the mis- comes to making sure our country ing? Talk to them. I have been in busi- sile treaty 20 years ago. moves forward in a fiscally responsible ness myself. I understand that when It signals the ushering in of a new way and deals with the debt we have. times are good, you sometimes add era of tough and smart thinking about But at the cost of laying off thousands staff you don’t need, you waste money foreign policy that has been des- of people because we are not being re- in places you don’t need to, and that is perately lacking in the White House. sponsible and up-front about the job we in the private sector. The Government Rather than alienating potential allies, have to do is irresponsible. is less efficient than the private sector. President Obama and his team are I hope our colleagues will defeat the Times are tough in this country, in- demonstrating that they will abandon amendment by Senator ENSIGN, move stead of thinking we will just add to the Bush unilateral approach to nu- on, pass this bill this week, and then the deficit, we will just raise taxes, clear nonproliferation in favor of gal- we can have all the debate we want let’s look for efficiency and let’s elimi- vanizing international support to meet about the budget that will come before nate wasteful spending. We have a bill the challenge posed by these deadly this body shortly, about the appropria- in front of us that is going to increase weapons. tions moving forward. spending over last year’s level by 8 per- I am not an after-the-fact supporter Let me remind all of us that what we cent. Is that fiscally responsible? We of this strategy. I have long thought are talking about here is extremely im- just passed a nearly $1 trillion spending that the key to de-fanging Iran’s nu- portant. No one wants to get a pink bill called the stimulus bill, and now clear threat lies in Russia’s coopera- slip. No one wants to see their job lost. we are going to increase this by 8 per- tion in imposing tough economic sanc- No one wants to see their health care cent? It seems to me that is not fiscal tions on Iran. In fact, in an opinion at risk, their education at risk, or for responsibility. That is the height of ir- piece published by the Wall Street that matter, within my appropriations responsibility. Journal last summer, I urged President bill, their flight from their airport at Let’s have a debate on this, but let’s Bush to offer to Russia a deal: in ex- risk because we have not added air have a honest debate. change for walking back the missile traffic controllers, which is in this bill. We are not cutting any specific pro- defense system that Russia so opposes, There are many other issues in this bill grams. Do not say we are cutting edu- the U.S. should get Russia to back the that are at risk under the proposal of cation. Do not say we are cutting United States’ economic sanctions on the Senator, and I urge our colleagues health care. Do not say we are cutting Iran that are our best stick for making to defeat this amendment and move police and firefighters because this sure that their nuclear threat does not forward, doing what we were sent here amendment does not do that. become a reality. to do, and that is be responsible. What this amendment says is, let’s I also made this suggestion in person I yield the floor. send this bill back to the Appropria- at the White House last year. I was lit- The PRESIDING OFFICER. The Sen- tions Committee, to last year’s level. erally told by Vice President Cheney ator from Nevada is recognized. The Appropriations Committee can de- ‘‘We can’t do that.’’ Well, there’s new

VerDate Nov 24 2008 01:14 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.027 S03MRPT1 wwoods2 on PRODPC68 with SENATE S2662 CONGRESSIONAL RECORD — SENATE March 3, 2009 leadership in Washington and Presi- both reignite the arms race of the 1980s fore us. At the request of Republican dent Obama says ‘‘Yes we can.’’ and damage Russia’s relations with the Members, Senator COCHRAN and I Today, there should be no lingering United States, Poland, and the Czech called upon our staff to conduct a bi- doubt that Iran represents a profound Republic. He also said that the shield partisan review of the impact that the threat to our global security. The lat- would prompt Russia to increase its Recovery Act has on the omnibus bill. est International Atomic Energy Agen- own defenses and abrogate its commit- That review determined that there is, cy report confirms that Iran remains in ments to demilitarize under the Treaty at most, minimal overlap. Let me ex- hot pursuit of a nuclear program. The on Conventional Armed Forces in Eu- plain. First, there are 900 programs in report told us that Iran now possesses rope. the omnibus bill. Fewer than 20 percent 1,010 kilograms, 2,222 pounds, of low-en- Despite Russia’s loud complaints receive stimulus funds. For those who riched uranium, which raises concerns over this missile shield, the Bush ad- may want to offer an across-the-board that it now has sufficient uranium and ministration plowed ahead, securing cut to this bill, they would be harming the means to enrich it to produce nu- reluctant agreement from our allies at more than 80 percent of the programs clear warheads. the NATO summit earlier last summer for the Department of Agriculture, Whether President Ahmadinejad ac- to move forward with its implementa- Commerce, Justice, Treasury, HUD, tually intends to make good on his tion. Energy, and so on. threat remains to be seen. But what we Let me be clear. The United States is Second, of the programs with stim- do know is that the administration committed to both protecting against ulus funds, only 100 have an increase in needs to use every diplomatic tool in the threat of a nuclear Iran and pro- the 2009 omnibus bill above the 2008 our arsenal to halt Iran’s progress in tecting a free and prosperous Eastern funding level, and many of those in- the development of deadly nuclear Europe. But the Bush administration’s creases just cover inflation or are rel- weapons. plan to deploy the missile defense sys- atively small. Nearly half of these pro- In the recent past, we have made tem in Poland and the Czech Republic grams averaged about $5 million in in- some progress in ratcheting up eco- has never made much sense. The tech- crease between 2008 and 2009. In many nomic pressure on Iran by sanctioning nology has never been proven to work, cases this does not even cover the cost four of Iran’s major state-owned banks. it has not been determined to be cost- of inflation. This move has dramatically limited effective, and it will do nothing to Analysis will show there are 30 pro- Iran’s ability to conduct international tackle the ultimate source of this grams in the bill before us which grow substantially between 2008 and 2009 by business, as a growing number of for- threat, Iran’s stubborn refusal to aban- a total of $15 billion. Of the omnibus eign banks are unwilling to risk don its nuclear program. At the same growth of the $15 billion we measured, reputational harm or loss of access to time, it does very little to preserve the $13 billion is either entirely unrelated U.S. financial markets. More economic necessary and very important inde- to the stimulus bill or is required in pressure can and must be applied. pendence of Eastern Europe. These sanctions are effective against In this context, it seems clear that addition to the Recovery Act funds to achieve policy objectives or was funded Iran for several reasons. Despite the the U.S. and Russia each have some- in response to strong political support fact that the leadership and govern- thing to gain from each other. Presi- which would eliminate any chance of ment of Iran is a theocracy, the Ira- dent Obama appears to recognize this nian people are largely secular and reducing it. dynamic. In exchange for joining the I would like to mention a few critical look westward for their cultural bear- West in imposing economic sanctions priorities that would go unmet if the ings. It’s a common sight to see sat- on Iran until they stop their pursuit of Congress were to pass a CR rather than ellite dishes hidden in air-conditioning nuclear weapons, I encourage the ad- the omnibus. On food and medical prod- ducts, so Iranians can stay abreast of ministration to roll back its prede- uct safety inspections, this omnibus Western culture. Its growing youthful cessor’s plans for a missile shield. It bill would provide the Food and Drug population also has strong ties to the makes sense. With Russia on board, Administration with an increase of west. MTV is a popular TV channel economic sanctions will have much nearly $325 million, of which $150 mil- among the young in the country, not greater success, and countries like lion is included in the current con- al-Jazeera. Iran is also wealthier than China will certainly think twice before tinuing resolution. most neighbors in its region, and its in- engaging with the Iranian regime. Rus- If this measure is not enacted into habitants have enjoyed a higher stand- sian participation will give multilat- law, the proposed increased funding for ard of living than most people living in eral sanctions against Iran real teeth, the FDA would be reduced by $175 mil- the Middle East. and we can halt Iran’s nuclear program lion. This reduction in funding would However, Russia is blunting the im- before it is too late. significantly decrease the number of pact of the sanctions. Economic self-in- The President’s gesture to Russia is food and medical product safety inspec- terest motivates Russia’s arguments the kind of smart, targeted diplomacy tions, both domestic and overseas, that that there is no evidence that Iran has our dangerous world needs. Given that the FDA could perform. a secret nuclear weapons program and a nuclear Iran is such a profound On the matter of consumer product that sanctions would undermine the threat, this strategy makes eminent safety, this measure would provide the International Atomic Energy Agency’s sense. The United States could give up Consumer Product Safety Commission efforts. Russia makes money from busi- a non-vital missile program in Eastern with an increase of $25 million or 32 ness with Iran, since Russia currently Europe in exchange for vitally needed percent above the 2008 level. Without supplies over 75 percent of Iran’s arms Russian cooperation to prevent Iran this funding increase, this Commission imports. Russia continues to supply from going nuclear. President Obama would not be able to implement many Iran with nuclear fuel and to train and President Medvedev do not need to of the reforms and new directives con- Iran’s nuclear engineers. look into each other’s soul. They just tained in the newly enacted Consumer More ominously, Prime Minister need to be able to trust each other’s Product Safety Improvement Act to Putin’s nationalist rhetoric, designed handshake. make children’s products safer, such as to remake Russia into a global power The PRESIDING OFFICER. The Sen- the consumer complaint database, an and restore nationalist pride to the ator from Hawaii is recognized. overseas presence, and increased in- Russians, has led Russia into an even Mr. INOUYE. Mr. President, the spector general staffing, and staffing tighter embrace with Iran, an embrace measure before us, H.R. 1105, is con- generally. that must be untangled if we are ever sistent with the funding levels ap- On the matter of the enforcement of to truly eliminate the Iranian nuclear proved in the budget resolution. There- securities law, inadequate resources for threat. fore, I sincerely believe there is no jus- the Securities and Exchange Commis- It is also not a secret that little has tification for any amendment to reopen sion would hamper the ability to un- raised Russia’s anger and fueled its na- this bill to further cuts. dertake vigorous enforcement of secu- tionalist impulses more than the Bush The Republicans argue there is an rity laws to help bolster the integrity administration’s missile shield plan. overlap between the funds added in the of the financial markets just when Putin argued that such a plan would recovery bill and the omnibus bill be- such enforcement is needed.

VerDate Nov 24 2008 02:23 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.009 S03MRPT1 wwoods2 on PRODPC68 with SENATE March 3, 2009 CONGRESSIONAL RECORD — SENATE S2663 On the matter of the Federal Avia- Mr. DURBIN. I announce that the to hold us to the 2008 spending levels tion Administration, this agency faces Senator from Indiana (Mr. BAYH), the after the $1 trillion of stimulus spend- a crisis in maintaining an adequate Senator from North Dakota (Mr. ing that has already been passed and workforce of trained air traffic control- CONRAD), and the Senator from Massa- signed by the President. My amend- lers. Without the increase provided in chusetts (Mr. KENNEDY) are necessarily ment would be for the nonsecurity this omnibus bill, the FAA would be absent. spending for 2008, plus the rate of infla- forced to freeze or reduce the number Mr. KYL. The following Senators are tion at 3.8 percent. of new air traffic controllers the agen- necessarily absent: the Senator from Basically, what I am doing is asking cy can bring on board and train, wors- Nebraska (Mr. JOHANNS) and the Sen- that we commit the bill to the Appro- ening the experience shortage we al- ator from Alabama (Mr. SESSIONS). priations Committee to amend and find ready have in our air traffic control The PRESIDING OFFICER. Are there the places in the omnibus bill that is towers. One accident is one too many. any other Senators in the Chamber de- before us or the stimulus bill from 2 These are only some of the many pri- siring to vote? weeks ago where we would take out the orities in this legislation that would go The result was announced—yeas 33, amount of spending that is duplicative unmet if we fail to pass this bill as nays 61, as follows: or nonessential in the amount of ap- written. This omnibus bill is a good [Rollcall Vote No. 75 Leg.] proximately $12 billion. This is a very package. It is bipartisan and non- YEAS—33 modest cut, but it would begin to put us on the road toward some fiscal re- controversial. It is in compliance with Alexander DeMint Lugar the budget resolution for the com- Barrasso Ensign Martinez sponsibility. We have just passed a $1 mittee. Bennett Enzi McCain trillion stimulus package. It is in all of Again, I believe there is no justifica- Brownback Graham McConnell the areas that we could spend money Bunning Grassley Murkowski tion for an amendment to reopen this Burr Gregg Risch on, and many of those are duplicated in bill to further cuts that would do harm Chambliss Hatch Roberts what we are taking up on the floor to the important national priorities I Coburn Hutchison Thune right now. Corker Inhofe Vitter So if you take the nonsecurity spend- have mentioned. Cornyn Isakson Voinovich I suggest the absence of a quorum. Crapo Kyl Wicker ing of 2008 and you add the regular in- The PRESIDING OFFICER (Mr. flation at 3.8, the Congressional Budget NAYS—61 SANDERS). The clerk will call the roll. Office says that it would be about $12 The legislative clerk proceeded to Akaka Gillibrand Nelson (NE) billion in cuts that the Appropriations Baucus Hagan Pryor call the roll. Begich Harkin Reed Committee would be able to find. So we Mr. INOUYE. Mr. President, I ask Bennet Inouye Reid are not saying here to slash across the unanimous consent that the order for Bingaman Johnson Rockefeller board. We are certainly holding harm- Bond Kaufman Sanders the quorum call be rescinded. Boxer Kerry less defense and veterans. But we are The PRESIDING OFFICER. Without Schumer saying that the Appropriations Com- Brown Klobuchar Shaheen Burris Kohl objection, it is so ordered. Shelby mittee should look at what we have Byrd Landrieu MOTION TO COMMIT WITH INSTRUCTIONS, AS Snowe passed and see where there is duplica- Cantwell Lautenberg MODIFIED Cardin Leahy Specter tion and cut $12 billion out of this Mr. INOUYE. Mr. President, I ask Carper Levin Stabenow spending bill, and then we will be set- unanimous consent that the Senate Casey Lieberman Tester ting the precedent that we are going Udall (CO) proceed to vote in relation to the En- Cochran Lincoln Collins McCaskill Udall (NM) back to fiscal responsibility, which is sign motion to commit with instruc- Dodd Menendez Warner setting the budget and having a reason- tions, as modified with the changes at Dorgan Merkley Webb able increase—the rate of inflation— the desk; and that no amendments be Durbin Mikulski Whitehouse which has been the normal procedure Feingold Murray Wyden in order to the motion prior to a vote Feinstein Nelson (FL) here until this year. in relation to the motion to commit; When you look at the bill that is be- that upon disposition of the motion to NOT VOTING—5 fore us, it would cost about $408 billion, commit, Senator HUTCHISON be recog- Bayh Johanns Sessions according to the Congressional Budget Conrad Kennedy nized to offer an amendment which Office. When you account for the pre- provides for a reduction in funding The motion, as modified, was re- vious continuing resolution, which pro- with no amendment in order to the jected. vided funding for defense, military con- amendment prior to a vote in relation Mrs. MURRAY. I move to reconsider struction, veterans affairs, and home- to the amendment. the vote, and I move to lay that mo- land security, the top line fiscal year The PRESIDING OFFICER. Is there tion on the table. 2009 spending level would exceed $1 tril- objection? The motion to lay on the table was lion. This does not include last year’s Without objection, it is so ordered. agreed to. supplemental nor the stimulus which The motion to commit with instruc- The PRESIDING OFFICER. The Sen- we have just passed, which, when you tions, as modified, is as follows: ator from Texas. combine those bills, would be another Mr. ENSIGN moves to commit the bill H. R. MOTION TO COMMIT WITH INSTRUCTIONS total of $1.4 trillion. That is a 49-per- 1105 to the Committee on Appropriations of Mrs. HUTCHISON. Mr. President, I cent increase over a 1-year period. If we the Senate with instructions to report the have a motion at the desk which I want to exclude the emergency or one- same back to the Senate with the following would like to call up for consideration. time actions, such as supplementals or changes: The PRESIDING OFFICER. The the stimulus, then you would have an SEC. lll. (a) Amounts appropriated under this Act for— clerk will report. increase over last year’s spending by (1) fiscal year 2009 shall be reduced by The bill clerk read as follows: $83 billion, which would be an 8.8-per- $18,981,000,000; and The Senator from Texas [Mrs. HUTCHISON] cent increase over last year’s spending. (2) fiscal year 2010 shall be reduced by moves to commit the bill H. R. 1105 to the That is more than twice the rate of in- $3,274,000,000. Committee on Appropriations of the Senate flation, at 3.8 percent. Mr. INOUYE. Mr. President, I ask for with instructions to report the same back to Let’s take some examples. I will look the yeas and nays. the Senate with the following change: at my committee, Commerce Com- Amend spending levels in the bill so as to re- mittee, and the areas of my jurisdic- The PRESIDING OFFICER. Is there a port back a bill with an aggregate non-secu- sufficient second? rity spending level at fiscal year 2008 funding tion. We authorize broadband grants. There appears to be a sufficient sec- level, adjusted for inflation, by reducing du- We share this jurisdiction with the Ag- ond. plicative or non-essential funding in the riculture Committee. We provided a The question is on agreeing to the $787,000,000,000 stimulus bill also referred to total of $7.2 billion for broadband motion. as the American Recovery and Reinvestment grants and loans in the stimulus pack- The clerk will call the roll. Act of 2009. age, $4.7 billion for the NTIA, and $2.5 The assistant legislative clerk called Mrs. HUTCHISON. Mr. President, the billion for rural utility service. Yet in the roll. amendment that was just defeated was this bill we are adding another $400

VerDate Nov 24 2008 01:14 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.031 S03MRPT1 wwoods2 on PRODPC68 with SENATE S2664 CONGRESSIONAL RECORD — SENATE March 3, 2009 million. That totals, for the fiscal year outyears. It doesn’t have to be in the ing no harm to the general Cuban pub- 2009 spending, a 4,500-percent increase. next 2 years, it can be in the outyears lic while denying the regime the re- Why do we need another $400 million of the stimulus. The Appropriations sources it so desperately needs to keep when we haven’t even begun to spend Committee would be authorized to go the stranglehold on power. the $7.2 billion from the stimulus yet? into either bill and shrink $12 billion. The United States has always had the How about the National Institute of It seems almost unthinkable that we general welfare of the Cuban people in Standards and Technology? This is a would not be able to cut $12 billion out mind as evidenced by our generous hu- program I support. It is a valid pro- of $1.408 trillion of taxpayer money manitarian aid and the promise it is of gram, just as the previous one. But that is coming out of Washington and untethered assistance. The United here we are increasing the NIST fund- which is debt because we don’t have States is the No. 1 supplier of humani- ing by $31 million over last year’s fund- the money to pay for it. ing level and we just gave NIST $220 I urge my colleagues to pass this tarian aid to Cuba. The American peo- million not 2 weeks ago. So the Insti- amendment. Let us show the American ple, in 2007 alone, sent $240 million in tute of Standards and Technology people that we do understand we private assistance through reputable would be increased not by $31 million, should have fiscal responsibility and humanitarian assistance organizations. but $251 million over a 1-year period. restraint, as every household in this The foundation of our policy takes aim These are only some of the items in country is experiencing right now; and at the actions of the regime that expro- my own committee’s jurisdiction. that from now forward our appropria- priated private property without com- There are 122 accounts in this bill that tions bills are going to be in the reg- pensation—property owned by Amer- received stimulus funding, and I sup- ular order; that we are going to have a ican citizens. On top of this foundation port most of what is in this bill be- budget, and we are going to live within is our message that Cubans deserve ac- cause the Appropriations Committee that budget, and we are not going to cess to free and fair elections, basic took up these spending bills last year. add 5 percent or 8 percent and then human rights, and the rule of law. We had the ability to amend, in most bring it over here and pass it with no The United States built this policy so cases, and we know what is in those amendments. That is business as usual. as to stand with the Cuban people, who bills. However, they were increased on That is not change, it is not bipartisan- are denied the freedoms we as Ameri- the House side since we took them up ship, and it is not acceptable. cans receive as a birthright. As we con- last year, and now we have, between Mr. President, I yield the floor, and I sider stripping enforcement of the now and October 1 of this year, this reserve the remainder of my time. sanctions, I wish to spend some time spending bill for all of the accounts ex- The PRESIDING OFFICER (Mr. talking about what this policy means cept the security accounts. KAUFMAN). The Chair recognizes the to the Cuban people, the American Why don’t we show the American Senator from Florida. Government, and me personally, as people that we are going to exercise fis- Mr. MARTINEZ. Mr. President, I ask someone who witnessed the violence of cal restraint; that we know we have unanimous consent to be recognized for this revolution firsthand. just passed $1 trillion in stimulus 20 minutes and that the time not be spending—some of which arguably is counted against Senator HUTCHISON’s United States-Cuba relations during stimulus and some of which arguably is time. the Castro era have largely been de- not, but we passed that stimulus bill— The PRESIDING OFFICER. Without fined by Cuba’s record of anti-Ameri- and it is going to cost our taxpayers $1 objection, it is so ordered. canism and aggressive acts of hostility. trillion. We hope it will increase the CUBA When Fidel Castro took power in the revenue, because we hope it will in- Mr. MARTINEZ. Mr. President, as early days of 1959, there were promises crease jobs and it will keep people in this mammoth appropriations bill is of democracy, free press, and elections. their jobs. That is what we want it to being considered, there are some rami- But such reforms never took place. In do. But now we are in the regular ap- fications that go way beyond the fiscal fact, a violent dictatorial regime came propriations cycle, from today until impact of this bill and the prudence of in its place. Many executions took October 1, and we are talking about those measures. It is about the policy place—killings without trial, without $408 billion more in spending, some of implications of some of the things that due process. Our President, then which has already been provided for in have been woven into this bill. I am Dwight D. Eisenhower, built a frame- the stimulus package we passed. particularly referring to those issues work for the anti-Castro policy by The American people, some of whom referring to our relationship with placing trade sanctions on sugar, oil, have lost their jobs, some of whom Cuba. and guns. have received notice that their mort- This Senate has debated over many When barrels of Soviet oil began to gages are going to be foreclosed and years issues relating to Cuba, a close arrive in Havana, United States oil their homes are going to be taken, are neighbor; unfortunately, over the last companies in Cuba refused to continue saying: What are they doing up there? half century, not a friendly neighbor. I refining oil, paving the way for further How can they spend money like that think back to about 1898, when this nationalization of United States as- without any regard to what is fiscally Senate was very much in favor of sets—oil refineries in this instance. All responsible? And how we are going to Cuba’s freedom from Spain and Amer- of these nationalizations took place pay it off? Because this is more debt, ican forces intervened. In 1902, Cuba’s without compensation to American and we are going to increase, and in- freedom as an independent nation, companies. And to this day, there crease again, and everyone who owns freed from Spain, was granted as a re- never has been compensation. All of something or who has a mortgage un- sult of actions by our Congress as well the properties owned by Americans derstands this. as our President. were taken. Later, little by little, prop- We don’t have to do this. We can say As the Senate considers taking steps erties owned by Cubans were taken today, in a bipartisan way, that we are that would change the current ap- until there was no vestige of private going to turn a new page; we are going proach to policy regarding Cuba, we property left in Cuba whatsoever. to turn a new page in this Congress and should reflect on how and why we have the Appropriations Committee is going the current policy in place and the My own personal story, my own life, to do its work. The Appropriations ramifications of adjusting that policy was touched, as I was a young boy Committee is going to, in a bipartisan at this moment in time, even tempo- when all of this took place. Ultimately, way, start looking at this $408 billion rarily. as a result of persecution of those of us bill and compare it to the 122 accounts The United States-Cuba policy is a who were people of faith, as well as the in this bill that got stimulus 2 weeks living, breathing entity. Over the stifling atmosphere in a totally con- ago and we are going to find $12 billion years, it has been adjusted, loosened, trolled society, as a teenager, I emi- in cuts—$12 billion out of $408 billion. tightened, and tested. Ten successive grated to the United States. I watched It could come out of the stimulus. If U.S. Presidents have affirmed the pol- firsthand the tensions between Cuba that were the preferred way to go, we icy, bolstering provisions for the sake and the United States in a very per- could go back into the stimulus in the of those brutalized by the regime, seek- sonal way.

VerDate Nov 24 2008 02:57 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.038 S03MRPT1 wwoods2 on PRODPC68 with SENATE March 3, 2009 CONGRESSIONAL RECORD — SENATE S2665 I remember watching the television of the Soviet Union, where Cuban men Cuba was noted to have very active and the news accounts of tensions ris- died and where the Cuban Armed operations throughout Central Amer- ing between the United States and Forces were engaged in battle. They ica and especially in Nicaragua, El Sal- Cuba—escalating and leading up to the seized the capital city of Luanda, and vador, and Guatemala. Cuban Missile Crisis. the group then proclaimed independ- It was reportedly providing, ‘‘advice, That began in July of 1962, when Rau´ l ence from Portugal. safe haven, communications, training, Castro went to Moscow, and the bonds In an effort to promote peace and and some financial support to several between Cuba and Russia strengthened. stability, Secretary Kissinger had no violent South American organiza- The Castro brothers engaged with choice but to tell Cuba that as long as tions.’’ Russia and agreed to allow the Soviets they had troops in Africa, the deal to The long record of the Cuban govern- to deploy nuclear missiles, under Mos- normalize relations with Cuba was off ment’s lack of respect for human life cow’s jurisdiction on the island of the table. extends beyond the 1960s, 1970s and Cuba. By the fall of 1962, Soviet In April 1980, during the Presidency 1980s. In 1996, the Castro regime engi- freighters began delivering shipments of Jimmy Carter the U.S. Government neered a civilian murder that shocked of middle-range ballistic missiles. once again reached out to the Cuban the conscience of all Americans. In an address to the nation on Octo- regime. This was rebuffed in a different On February 24, 1996, the regime or- ber 22, 1962, on the eve of my 16th birth- way. This time it was as a result of dered the shoot down of two unarmed day, President John F. Kennedy more than 10,000 Cubans who were civilian planes flying over inter- warned of the imminent danger pre- seeking asylum in the Peruvian Em- national waters on a humanitarian sented by the emerging Soviet-Cuba al- bassy; Cuban-American exile groups mission. liance. reached out to the island asking if will- Four people were killed. Three U.S. In describing Cuba’s nuclear strike ing Cubans could be allowed safe pas- citizens and a permanent U.S. resident; capabilities, Kennedy said: sage to the United States. Armando Alejandre, Jr., Carlos Costa, Several of them include medium range bal- The response from the Cuban people Mario de la Pena, and Pablo Morales. listic missiles, capable of carrying a nuclear was overwhelming and more than These men were part of a Florida- warhead for a distance of more than 1,000 125,000 Cubans fled for freedom in what based humanitarian organization nautical miles. Each of these missiles, in became known as The Mariel boatlift. called ‘‘Brothers to the Rescue,’’ a short, is capable of striking Washington, In the months that the boatlift took group credited with spotting and sav- D.C., the Panama Canal, Cape Canaveral, place, the U.S. established an interests ing the lives of thousands of Cubans Mexico City, or any other city in the south- section in Havana and reciprocated by who spotted and helped rescue Cubans eastern part of the United States, in Central America, or in the Caribbean area. allowing Cuba to establish theirs in trying to raft across the Florida Washington. Straits. Five days later, in a letter to Russian This would have been a bright spot Following a thorough Federal inves- Primer Nikita Khrushchev, Fidel Cas- for U.S.-Cuba relations except for the tigation, it was determined the regime tro offered the island in sacrifice and fact that the Castro regime took ad- premeditated the shoot down as part of urged the Soviets to use nuclear weap- vantage of our generosity. a conspiracy called Operation Scor- ons against the United States if nec- As thousands of Cubans lined up for pion—a mission designed to send a essary. the chance to live in freedom, the Cas- message to the Cuban exile commu- Let’s be clear, the Castro regime, tro regime opened its prisons and men- nity. under Fidel and Raul Castro, then—as tal hospitals and sent patients and In the months leading up to the shoot they are today—in power, wanted first their worst criminals, murderers, down, Cuban-piloted MiG jets practiced strike nuclear attacks against the thieves, and drug dealers into the intercepting and firing on slow-moving United States. Fidel Castro urged the United States with the idea that they planes similar to those flown by the Russians to let the missiles fly toward would be turned loose to wreak havoc Brothers. our soil. in the U.S. Further, the regime infiltrated an Fortunately for all, Khrushchev’s re- This was not only cynical but also an agent into Brothers for the sole pur- sponse to the Castro request was to act of aggression during a time when pose of encouraging the group to fly urge, ‘‘. . . patience, firmness and more President Carter had extended a hand into the regime’s death trap. firmness.’’ of friendship. This agent disappeared the day be- And these events are the foundation Once discovered, the Castro regime fore the shoot down and reappeared in for U.S. Cuba policy; brutality, the refused to take back the criminals and Havana to denounce the humanitarian theft of U.S.-owned assets, and the many were absorbed by our prison sys- group. threat of nuclear catastrophe. All of tem where they remain to this day be- The Southern District of Florida these things perpetrated by the Castro cause they will not accept them back. would eventually find and charge 14 in- brothers who were in power in 1959, and The Mariel Boatlift, as it is now dividuals including Cuban spies. who remain in power today. known, was symbolic of the desire of The reaction from the international In the years between the Cuban Mis- the Cuban people to live freely and the community was swift and harsh. sile Crisis and now, the United States flight of the people of Cuba to friend- The United Nations Security Council has made many good faith efforts and lier places, but also of the frustrating passed a resolution condemning Cuba. attempts to unilaterally engage Cuba attempts to have a better relationship The European Union followed suit. and restore relations. with the Cuban government. Here in the United States, we strength- Without fail, every single attempt Frustrated with the conditions al- ened sanctions against Cuba through has failed due to the actions of the Cas- lowed by the Cuban regime, more than the Helms-Burton Act. tro regime. 125,000 Cubans made the journey to the A known state-sponsor of terror, the Several attempts involved our offer- United States. Many were reunited Cuban regime engaged in premeditated ing concessions similar to those in the with family and friends, and all had a murder, in international airspace. bill before us today. chance at a better life. And the same people who orches- In 1975, Secretary of State Henry Kis- In February 1982, the U.S. Secretary trated this unprovoked attack, Fidel singer, during President Gerald Ford’s of State added Cuba to the list of coun- and Rau´ l Castro, are still in power presidency, tried to broker a deal with tries supporting international terror- today. Cuba that would have lifted the trade ists. The U.S. State Department issued Incidents such as these strengthen sanctions and normalized relations. a report detailing Cuba’s activities. the resolve of Cubans looking for a bet- But the regime chose another route. It The State Department asserted that ter life. wanted to project power abroad. It was Cuba had, quote, ‘‘encouraged ter- Jose´ Martı´, a Cuban hero, referred to more interested in acting as a surro- rorism in the hope of provoking indis- as the ‘‘Apostle for Cuban Independ- gate of the Soviets than it was in bet- criminate violence and repression, in ence,’’ once said, ‘‘Man loves liberty, ter relations with the United States. order to weaken government legit- even if he does not know that he loves So Cuba sent troops to Angola. These imacy and attract new converts to it. He is driven by it and flees from it troops engaged in a war as surrogates armed struggle.’’ where it does not exist.’’

VerDate Nov 24 2008 01:14 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.018 S03MRPT1 wwoods2 on PRODPC68 with SENATE S2666 CONGRESSIONAL RECORD — SENATE March 3, 2009 Many have fled Cuba for our shores. prisoner can be kept for months without see- In response, instead of taking care of During the early days of the regime ing the light of the sun), being transferred to the problem, the regime stood by as from 1959 to 1962, it is estimated that prisons normally far from where their fami- ‘‘approximately 300 persons arrived at the U.S. resettled 200,000 Cuban refu- lies live, suspension of family visits, or de- Martinez’s house and shouted insults, nial of medical treatment. gees. calling him a traitor and a counter rev- There are well over 1.5 million Cuban This is in sharp contrast to the much olutionary. The government later refugees in the U.S. and many more in publicized detention facility in Guan- stripped Martinez of his medical li- Spain, Mexico, and throughout Latin tanamo. I have visited there and condi- cense.’’ America and the world where the tions are as good there or better than There is a long litany of the human Cuban Diaspora has gone, escaping tyr- those in Florida jails. Organizations rights abuses that exist in Cuba. The anny and seeking freedom. can visit Guantanamo. That is the only fact is, with these conditions, we would According to the State Department: jail in Cuba that can be visited by an dare not have a free-trade agreement international organization like the Red These include former political prisoners, with Colombia because of concerns persecuted religious minorities, human Cross. The Cuban government refuses about human rights. President Obama, rights activists, forced labor conscripts, and any human rights organization permis- during his campaign, indicated he was those discriminated against or harmed based sion to visit their prisons. concerned about human rights condi- on their political or religious beliefs. The fact is the only uninspected, de- tions in Colombia so, therefore, he Those who choose to stay behind and plorable prisons in Cuba are those run would not be for a free-trade agreement courageously oppose the regime’s rad- by the Cuban government. Their gulag with Colombia. It would seem to me ical ways are subjected to violence, continues today unchecked, and would that to be consistent, he would have to torture, and even murder. continue even in spite of us reaching veto this bill if, in fact, it contains a According to Armando Lago, an out through this bill in this misguided relaxation of trade with Cuba, particu- economist who has attempted to com- way. larly if it gets into the area of pro- pile a list of every person killed since According to the U.S. State Depart- viding credits, which is what this bill the start of the Cuban revolution, Rau´ l ment’s 2008 Report on Cuban Human would do, to those in Cuba who do not Castro was personally responsible for Rights released last week: pay their bills. 550 executions in 1959 alone—executed . . . the government continued to deny its The fact is, there have been some citizens their basic human rights and com- pretend changes in Raoul Castro’s re- without trial, without cause, without mitted numerous, serious abuses. mercy—Rau´ l Castro, the figurehead of The government denied citizens the right gime since he took over Cuba. Citizens Cuba’s modern regime. to change their government. are allowed to use cell phones. That Lago has documented 500 murders by In describing these abuses of human sounds like a great thing. The problem prison guards, 500 deaths from medical rights, the report states: is the average Cuban makes $17 a month. The average cell phone in Cuba neglect, 200 suicides of political pris- The following human rights problems were oners, and more than 1,000 assassina- reported: beatings and abuse of detainees and costs about $64. With the activation fee tions and disappearances. prisoners, including human rights activists, as high as $120, never mind the con- Those who have voiced opposition to carried out with impunity; harsh and life- tract fee on a month-to-month basis. the regime’s policies have been forced threatening prison conditions, including de- Another change is Cuban citizens can to endure harsh consequences. nial of medical care; harassment, beatings, now stay in hotel rooms that have been Under the Cuban Criminal Code, the and threats against political opponents by historically reserved only for tourists. regime has the legal authority to de- government-recruited mobs, police, and The problem is, hotel rooms cost as State Security officials; arbitrary arrest and tain and arrest anyone deemed not in much as 11 times the average monthly detention of human rights advocates and salary of a Cuban. These are not line with the Communist State. members of independent professional organi- These individuals are defined under zations; denial of fair trial; and interference changes, these are sham assurances Article 103 of the Cuban Criminal Code with privacy, including pervasive monitoring aimed at hiding the regime’s struggle as: of private communications. to remain financially solvent. Any person who incites against the social The report notes, One clear change that has occurred is the rise of short-term arrests for so- order, international solidarity or the com- . . . severe limitations on freedom of munist State, by means of oral or written speech and press; denial of peaceful assembly called dangerous activity. Arbitrary propaganda or in any other way; prepares, and association; restrictions on freedom of detentions of prodemocracy activists distributes or possesses propaganda . . . Any movement, including selective denial of exit have increased five times, from 325 in person who disseminates false news or mali- permits to citizens and the forcible removal 2007 to 1,500 in 2008. These are just cious predictions likely to cause alarm or of persons from Havana to their hometowns; those that have been documented. Hun- discontent among the population, or public restrictions on freedom of religion; and re- dreds more, I am sure, take place that disorder . . . [or] Any person who permits fusal to recognize domestic human rights would be difficult to document because utilization of the mass communication groups or permit them to function legally. they happened in parts of the country media shall be punished with one to four One of the political prisoners men- years imprisonment. where our diplomats certainly are not tioned in the State Department report Once in prison, these individuals are allowed to travel, and certainly there is a man named Tomas Ramos are no human rights organizations that subjected to unsanitary conditions, Rodriguez, who was released on June 16 could monitor it. harassment, and beatings. after 18 years in prison. The regime’s promise of change has Here are just a few of the conditions Following his release, Tomas Ramos fallen short of what the Cuban people reported by the Inter-American Com- noted that ‘‘prison authorities beat want and deserve. Where are the antici- mission on Human Rights. prisoners with truncheons on a near- pated reforms? There have been 2 years The nutrition and hygienic situation, to- daily basis with impunity. Families of of Raoul’s rule and nothing has hap- gether with the deficiencies in medical care prisoners continued to report that pris- pened. continue to be alarming and have caused nu- on staff sometimes goaded inmates merous medical problems among the prison Even the most modest calls for re- population. Anemia, diarrhea, skin diseases with promises of rewards [if they form go unanswered. Since the average and also parasitism due to polluted water, would] beat a political prisoner.’’ Cuban earns $17 a month, but the prices appear to be commonplace in the majority of In describing the prison conditions, of goods and services are almost what the country’s prisons, while in some such as Tomas Ramos recalled the ‘‘cell floors they are here, many families find it the Manacas and Combinado del Este facili- that had standing pools of water con- very difficult to get by. ties cases of tuberculosis have been recorded. taminated with sewage.’’ For those Cubans who have family Moreover, inmates who have made any Additionally, the report tells the members living abroad, here in the form of protest about the treatment received story of a physician named Rodolfo U.S. or Spain or elsewhere, they can re- or who reject reeducation, which according Martinez Vigoa, who complained to the to information received consists of political ceive remittances without a Govern- and ideological training, have been subjected Ministry of Public Health about the ment penalty. But the Cuban Govern- to reprisals such as beatings, being shut up condition of the local health clinic in ment, unlike any other Government in in punishment cells (which are extremely Artemisa as well as the salaries of his the world, takes 20 percent from any small, with the door closed and where the employees. incoming money.

VerDate Nov 24 2008 02:23 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.027 S03MRPT1 wwoods2 on PRODPC68 with SENATE March 3, 2009 CONGRESSIONAL RECORD — SENATE S2667 A person living in the United States In addition to that, this legislation people in their seventies and older, as who sends funds to Brazil, Ecuador, Co- before us would extend credit through close to him as he can put them. Some lombia, or China, they can expect to the U.S. banking system to a Cuban of them are the most radical, the most pay a private transaction fee of some- nation that recently disclosed it owes vicious of those who have enforced where in the neighborhood of 2.5 per- more than $29 billion to the Paris Club, Cuba’s totalitarian regime over the cent. The Cuban Government takes a a debt they stopped making payment years that it has existed, and they are 20-percent cut right off the top. In this on back in the 1980s. now in the throes of government. bill we will unilaterally be letting the In fact, Cuba has the second worst So, essentially, what we have here is Cuban Government receive unlimited credit of any nation in the world. And not an example of a change in regime remittances, asking them to do noth- to that country, we are now proposing, but one that is only consolidating ing—unilaterally lifting the restric- in this legislation, in these financial power, trying to only exact more re- tions on remittances while asking the times we are living in, to provide the pression from its people, while at the Cuban Government to do nothing. Cuban Government with credit that same time exhibiting hostility and Would it not be nice if we were to tell can purchase agricultural goods in this anti-Americanism anywhere that it the Cuban Government that in ex- country and also medicine, in fact, to goes and anywhere that it speaks. change for allowing them to now re- the tune of some $780 million a year. So I would hope we can have this de- ceive unlimited remittances, which They have been doing just fine pay- bate outside of this omnibus bill be- may not be a bad thing, then they ing cash on the barrel head. This bill cause it would be great to have a dis- should, in fact, act in a way that al- will give them credit. Why would we do cussion on what our policy ought to be lows the poor people of Cuba and those that to this Cuban Government? Why on Cuba—not to have it lumped into here sacrificing to send them help, not would we do that to this enemy of the this massive spending measure that to be taking a 20-percent cut from the United States, when we would not sign has to be passed by Friday. I would moneys they send to their relatives and ratify a free-trade agreement with love for us to talk about Cuba in terms and loved ones in Cuba. These are not a country such as Colombia, which is a of how we encourage respect for human measures designed to serve the inter- friend, a partner, an ally. rights, how we encourage this Govern- ests of the Cuban people. As we consider changing U.S. policy ment to behave as a normal, law-abid- But there is another yet darker side regarding Cuba, why are we doing it in ing nation. The fact is, this unilateral to this regime, as the anti-Ameri- a way where we ask for nothing? We tie act which, frankly, would not be met canism and the antagonism to our neither of the changes called for in this with any reciprocity is a mistake. It is country has exemplified the actions of omnibus to any yardstick of improve- a sign that we are trying now to legis- this regime throughout its time. Cuba ment. We do not call for the release of late policy in a bill that is about spend- and its anti-Americanism has fallen in political prisoners; we do not call for ing and a very dramatic change in U.S. line with Venezuela. lowering of the remittance fee from 20 foreign policy. Mr. President, I ask unanimous con- percent to something more reasonable; The PRESIDING OFFICER. The Sen- sent I be allowed to have 5 additional we do not ask for any signs of positive ator from Oklahoma is recognized. minutes to conclude my remarks. behavior. We just lay the changes out AMENDMENT NO. 596 The PRESIDING OFFICER. Without there and then hope for the best. That Mr. COBURN. Mr. President, I ask objection, it is so ordered. is not the way we ought to approach a unanimous consent that the pending Mr. MARTINEZ. The relationship be- amendment be set aside and that tween Venezuela and Cuba is very close regime that has rebuffed our overtures for normal relations and humanitarian amendment No. 596 be called up. and obviously designed in their alli- The PRESIDING OFFICER. Without aid and instead seeks to undermine our ance to exercise an anti-American pol- objection, it is so ordered. icy. But it does not stop there. It also alliances and our interests in the re- The clerk will report. includes the very dangerous Govern- gion. The legislative clerk read as follows: The fact is, the Cuban Government is ment of Iran. The Senator from Oklahoma [Mr. COBURN] Fidel Castro visited Iran in 2001. no friend of the United States. This is proposes an amendment numbered 596. not just some benign dictator in Latin Mahmoud Ahmadinejad visited Cuba in Mr. COBURN. Mr. President, I ask America; this is a government that 2006, following a visit in 2000 by then- unanimous consent that the reading of purposely, during the entire time that President Khatami. The fact is, Chavez the amendment be dispensed with. is in and out of Cuba regularly. The it has existed, has had an antagonism The PRESIDING OFFICER. Without fact is, these governments are func- and has exhibited every type of hos- objection, it is so ordered. tioning as an alliance of sorts in the re- tility toward the United States, which The amendment is as follows: gion, trying to thwart and provoke an it continues to exhibit to this day. (Purpose: To require the use of competitive anti-American attitude. Now, there are those who believe procedures to award contracts, grants, and Before voting on this spending bill, that Raul Castro is a reformer. After 2 cooperative agreements funded under this we ought to give serious consideration years in power, as I pointed out earlier, Act) to what changing the U.S. policy to- little or no reforms have taken place. On page 1120, between lines 6 and 7, insert ward Cuba would mean going forward. Great hopes were raised by him with the following: While some may feel that the U.S. pol- many who are hoping for some sign. PROHIBITION ON NO-BID EARMARKS icy is punitive, it was created with the Yesterday, those signs of change were SEC. 414. (a) Notwithstanding any other interests of the Cuban people in mind. even further dashed when he had a provision of this Act, none of the funds ap- Relaxing restrictions and allowing ad- major shakeup in his Government, and propriated or otherwise made available by ditional remittances would provide the Carlos Lage, who has essentially been this Act may be used to make any payment the Prime Minister of the Cuban Gov- in connection with a contract unless the con- regime with additional revenue, cash tract is awarded using competitive proce- that would help it maintain its repres- ernment, and one of those people whom dures in accordance with the requirements of sive policies. folks believed was, in fact, a reformer, section 303 of the Federal Property and Ad- According to the Cuban Assets Con- and the hopes were all pinned that if ministrative Services Act of 1949 (41 U.S.C. trol Regulation: Persons visiting a Lage would take over, that he might be 253), section 2304 of title 10, United States member of the immediate family, who the next President—in fact, he was Code, and the Federal Acquisition Regula- is a Cuban national, for a period not to fired yesterday, and he is no longer any tion. exceed 14 days, those are allowed today sign of hope for undermining change in (b) Notwithstanding any other provision of this Act, none of the funds appropriated or once every 3 years. Cuba. otherwise made available by this Act may be What is likely to happen under these In fact, what happened yesterday in awarded by grant or cooperative agreement proposed changes in the omnibus is a Cuba, by any other standard, by any unless the process used to award such grant spike increase in tourist travel under other measure in any other country or cooperative agreement uses competitive the guise of humanitarian activity. would be considered a military coup. procedures to select the grantee or award re- That does not serve the interest of the We already have a totalitarian system. cipient. Cuban people and those who seek free- Now Raul Castro has put all of his Mr. COBURN. Mr. President, I have dom inside Cuba. friends from the military, all aging to identify with the words of Senator

VerDate Nov 24 2008 01:14 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.041 S03MRPT1 wwoods2 on PRODPC68 with SENATE S2668 CONGRESSIONAL RECORD — SENATE March 3, 2009 HUTCHISON about how the American tive bidding on the stimulus package. (Purpose: To provide funds for the Emmett public have to view this bill, especially We voted 97 to 0. What did we do in Till Unsolved Civil Rights Crime Act from in light of the fact of the stimulus bill conference? They took it out so their funds already provided for the Weed and we just passed. I will add some more to friends do not have to competitively Seed Program) those comments as we go through this bid. Where I come from, in Oklahoma, On page 135, line 6, strike the period and insert ‘‘of which $10,000,000 shall be available amendment. we call that corruption. We call it cor- for grants to state or local law enforcement This is a very straightforward ruption. That is a tough word. But that for expenses to carry out prosecutions and amendment. It has been voted on by is what is going on with a lot of the investigations authorized by the Emmett the Senate several times. Last time it money that our grandchildren are Till Unsolved Civil Rights Crime Act estab- passed 97 to 0. All it requires is that going to pay back that is going to go lished under Public Law 110-344.’’. the money expended in this, where ap- on this bill and in the stimulus bill. Mr. COBURN. This is an amendment propriate, be competitively bid. The other reason we should do this is that is about a serious issue. I agree I am sure there is going to be people because no-bid contracts historically, that $10 million in a bill of $410 billion who vote against this this time because when you look at them, never give is not a lot of money in relationship, of the situation in which we find our- value. What we get is cost overruns. but let me tell you what this $10 mil- selves. I wonder how you go back to Great example: The census this next lion is going to do. There are 100 un- your State and say that you do not year is going to cost close to $20 bil- solved civil rights murders from the think we ought to competitively bid lion. The census in 2000 cost $10 billion. 1950s and 1960s and 1970s that have not the money we are going to spend on be- Now we have to be scratching our head been investigated, that have not come half of the American people. But some to say, why would it double? Well, $1 forward because Congress hasn’t put are going to say that. billion of that is because the Census the money there. We will hear all sorts of things. What Bureau had a no-bid contract for elec- Last year, under great fanfare, sev- this requires is all contracts, all tronic data collection that fell on its eral of my colleagues were critical of me because I wanted to pay for it as we grants, and cooperative agreements face. passed the Emmett Till Unsolved Civil awarded under this act to be competi- In spite of oversight by this body, in Rights Crime bill. What I said in oppos- tively bid. What do we know about spite of assurances that it would not ing that bill initially, which I never competitive bids and what do we know happen, we wasted $800-plus million on that President Obama campaigned on? was successful in getting it paid for, one contract that we cannot utilize was that there is plenty of money at His campaign was, anything over anything from. That is the competency $25,000 in the Federal Government the Justice Department if we just di- of no-bid contracts. If we do a review of rect the Justice Department to put $10 ought to be competitively bid. So I this bill in the future, and we did not have no doubt that my friend, the million to this. There are three cases put in competitive bidding, we are recently that are coming due, three President, will endorse this idea. It is going to see that same thing to a lesser an essential part of his campaign to that have been solved now. We have degree across the whole board. several other leads. Timing is of the es- help us clean up the corruption, clean The other thing, the reason we up the cost excesses, and clean up the sence. should use competitive bidding, is that What I was told is: No, we will appro- overruns that we have seen. all of us would do it if it was our own The other thing is, we already have priate this money this year. That is money. We would want to get value. what we were told. I won’t go into the several laws that require it. But then We would want to make sure we got five pages of quotes by the general co- we have words in the appropriations the most value for the dollar that was sponsors of the Emmett Till Unsolved bill that exempt us from those laws re- spent. Civil Rights Crime bill, about how they quiring competitive bidding. So what We do not do that because it is not would put the money in right now. do we do in this bill? We actually take our money. Now there is a Congress- Guess what is not in this bill. What is away the enforcement of existing stat- man on the other side from Arizona not in this bill is any money to the utes so we do not have to competi- who has above his desk written in Justice Department to be directed to tively bid. Is it not interesting that the great big red ink: The greatest pleasure the Emmett Till unsolved civil rights reason we do not want competitive bids in the world is to spend somebody crimes. They said to my staff: Don’t mainly has to do with earmarks. It has else’s money. But it instills all sorts of worry about it. There is plenty of to do with the fact that people have mischief when we do it. money at the Justice Department to do earmarks in the bill that they want to So this is very straightforward, very it. So the same argument that was not go to a certain set of people; maybe not direct. There are no tricks. It just says: good enough last year when we tried to the best qualified to perform that func- Let’s do what everybody else in the pay for it is now turned around, and tion or task under which the Govern- country would do who was making the they say: It is the same amount of ment wants this service to be done, but decision about spending $410 billion. money. We now have it, in their judg- you can bet your bottom dollar it is They would make sure each segment of ment. But we didn’t last year. where the Senator or the Congressman it got some competitive bidding so we The fact is, there is a sham being per- wants it to go so he can get credit for could reassure ourselves that at least petrated. It is to claim a moral posi- it. we were getting value. It is not hard to tion and say you will fund something So not only do we have a tendency do. It is easy guidelines. It is straight- and then, when it comes time to have for less than sunshine, what we have forward. Let’s not exempt this bill to give up an earmark or have to elimi- bred is tremendous inefficiency. And it from that. nate something else, you can’t quite goes back to the very idea of why ear- AMENDMENT NO. 608 have the courage to pull up to the level marks are so damaging to this country, of moral transparency and keep your which is because they give elevation I ask unanimous consent to set aside the pending amendment and call up commitments. and attention to the politically enti- The information is fading away amendment 608. tled money class. That is where 80 per- quickly. They are old crimes. People cent of the 7,700 earmarks in this bill The PRESIDING OFFICER. Without who have testimony are dying and are; they are to the politically entitled objection, it is so ordered. won’t be available for the future. Yet money class in this country, the people The clerk will report. we have the insistence to say it doesn’t who can give campaign donations. That The legislative clerk read as follows: matter to spend that money now. is who they are to. The Senator from Oklahoma [Mr. COBURN] There is nothing in this bill more im- So we do not want competitive bid- proposes an amendment numbered 608. portant than solving unsolved civil ding because the person we are count- Mr. COBURN. I ask unanimous con- rights crimes. The reason is because it ing on sending money back for a cam- sent that reading of the amendment be says something about our justice sys- paign contribution will not get the dispensed with. tem. It says we realize that justice de- contract. So the deal does not get com- The PRESIDING OFFICER. Without layed is justice denied, and the hurt pleted. In May 2006, the Senate voted 98 objection, it is so ordered. and trauma that came out of this coun- to 0 to require that we have competi- The amendment is as follows: try in the civil rights movement will

VerDate Nov 24 2008 01:14 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.042 S03MRPT1 wwoods2 on PRODPC68 with SENATE March 3, 2009 CONGRESSIONAL RECORD — SENATE S2669 only get closed when we have true jus- (1) DIRECT Methanol Fuel Cell (IN); way it looks, ought we be continuing tice. For us to now in a petty way say: (2) Solar Energy Windows and Smart IR to do that under the cloud of what look We will get it next year, do you realize Switchable Building Technologies (PA); to be very serious allegations of impro- that ‘‘next year’’ is coming September (3) Adaptive Liquid Crystal Windows (OH); priety at the least and, at the worst, (4) Anti-idling Lithium Ion Battery Pro- quid pro quos for placing earmarks in 30, and 6 months from now, two or gram, California (CA) ; three more witnesses will be gone, two (5) Advanced Engineering Environment for campaign funds? or three more people who committed a Sandia National Lab (MA); We will vote on this amendment. It crime will not get convicted because (6) Multi-Disciplined Integrated Collabo- probably won’t pass. Then the Amer- the evidence and the testimony will be rative Environment (MDICE) (MO); ican people make a judgment about gone? Yet we can’t bring ourselves to (7) Hydrogen Optical Fiber Sensors (CA); how well connected we are to reality. the point of saying this is a priority. (8) Flexible Thin-Film Silicon Solar Cells The stench associated with this inves- This says something about who we are, (OH); tigation is at the root cause of us hav- (9) CATALYST: Explorations in Aerospace ing $300 billion worth of waste a year in that we are going to give up a few ear- and Innovation education program; marks so we can actually stand on the Congress in the money we spend. It is (10) Carnegie Mellon University, Pitts- at the root cause that we can’t get side of justice. The hypocrisy of the de- burgh, PA, for renovation and equipment; commonsense amendments passed that bate we heard last year and then what (11) Mount Aloysius College, Cresson, PA, we hear today at the staff level about for college preparation programs; lack competition, lack funding, real why we can’t fund this is unfortunate. (12) Washington & Jefferson College, Wash- priorities in a timely fashion, such as I advise the Senator from Con- ington, PA, for science education outreach the Emmett Till bill. This is at the necticut, I have two more amendments programs; root of it. It is the pay-to-play game. (13) DePaul University, Chicago, IL, for All this amendment does is wipe out to offer. I will talk a very short time math and science teacher education in Chi- and then be finished, if that is OK with those. It just strikes them. It won’t cago Public Schools; and delay the bill. It does nothing but him. (14) Nazareth Hospital, Philadelphia, PA, strike them. If they are legitimate, let The PRESIDING OFFICER. The Sen- for renovation and equipment. ator from Connecticut. them come back in this next year’s bill Mr. COBURN. I gave my assurance and be done in an ethical, straight- Mr. LIEBERMAN. I thank my friend. yesterday to the majority leader that I I have come over to speak in morning forward, aboveboard, transparent man- would offer no division of any amend- ner that doesn’t utilize the concept of business, and I will be happy to wait ments so he would not worry that we until he is done. under-the-table, false campaign con- would have more votes than he wanted. tributions, allegedly. Mr. COBURN. I will come back to the But I will make the point at this time, AMENDMENT NO. 610 floor and discuss these amendments at the rate we are going, we will have again, but I will give the courtesy to I ask unanimous consent that that less than 12 amendments on a $410 bil- amendment be set aside, and I call up my friend from Connecticut of being lion bill that spends $363 million a fairly short. amendment No. 610. page. I would love for every American The PRESIDING OFFICER (Mrs. AMENDMENT NO. 623 to know we are so good in the com- MCCASKILL). Without objection, it is so The next amendment is amendment mittee that none of us should be able ordered. No. 623. I ask unanimous consent that to have significant amendments to The clerk will report. the pending amendment be set aside modify this bill that I guarantee has The legislative clerk read as follows: and amendment number 623 be called $50 billion worth of waste, fraud, abuse, The Senator from Oklahoma [Mr. COBURN] up. or lack of direction in how the money proposes an amendment numbered 610. The PRESIDING OFFICER. Is there is spent. So to be able to get four Mr. COBURN. I ask unanimous con- objection? amendments on the floor, just four on sent that reading of the amendment be Mr. LIEBERMAN. Objection. a $410 billion bill, which we are only dispensed with. The PRESIDING OFFICER. Objec- going to spend 3 days on, I have to The PRESIDING OFFICER. Without tion is heard. agree to limit what the American peo- objection, it is so ordered. Mr. LIEBERMAN. I object on behalf ple should know about this bill. That The amendment is as follows: of the Democratic leader. tells you where we are in the Senate. (Purpose: To prohibit funding for congres- The PRESIDING OFFICER. Objec- But I agreed to do that to be able to at sional earmarks for wasteful and parochial tion is heard. least bring some forward. pork projects) Mr. COBURN. I renew my request to This amendment is entitled PMA ear- At the appropriate place, insert the fol- set aside the pending amendment and marks. We are in the midst of an inves- lowing: call up amendment No. 623. tigation of a lobbying firm that is al- SEC. ll. Notwithstanding any other pro- Mr. LIEBERMAN. Mr. President, leged to have committed some very se- vision of this Act, none of the funds made having heard from higher authorities, I available under this Act may be obligated or rious felonies. It is uniquely curious otherwise expended for any congressionally withdraw my objection. that as this has progressed, they have directed spending item for— The PRESIDING OFFICER. Without decided to shut down. However, within (1) the Pleasure Beach Water Taxi Service objection, it is so ordered. the bill, not through necessarily their Project of Connecticut; The clerk will report. clients’ fault, and not saying what they (2) the Old Tiger Stadium Conservancy of The legislative clerk read as follows: are trying to do was necessarily wrong Michigan; The Senator from Oklahoma [Mr. COBURN] in terms of the intent of the earmark, (3) the Polynesian Voyaging Society of Ha- proposes an amendment numbered 623. within this bill are 14 earmarks that waii; Mr. COBURN. I ask unanimous con- you can see, if you have any common (4) the American Lighthouse Foundation of Maine; sent that reading of the amendment be sense, if you look at the lobbying ef- (5) the commemoration of the 150th anni- dispensed with. forts of the PMA firm and then look at versary of John Brown’s raid on the arsenal The PRESIDING OFFICER. Without campaign contributions in the Con- at Harpers Ferry National Historic Park in objection, it is so ordered. gress, you can see a very worrisome West Virginia; The amendment is as follows: pattern. That is the very reason I don’t (6) the Orange County Great Park Corpora- (Purpose: To prohibit taxpayer dollars from do earmarks. If I did earmarks, the last tion in California; being earmarked to 14 clients of a lobbying thing I would do would be take any (7) odor and manure management research firm under Federal investigation for mak- campaign money from somebody for in Iowa; (8) tattoo removal in California; ing campaign donations in exchange for po- whom I did an earmark. litical favors for the group’s clients) (9) the California National Historic Trail Needless to say, the accusation and Interpretive Center in Nevada; At the appropriate place, insert the fol- the alleged straw donor technique used lowing: (10) the Iowa Department of Education for by this lobbying firm to funnel cam- the Harkin grant program; and SEC. ll. Notwithstanding any other pro- vision of this Act, none of the funds made paign funds to Members who then give (11) the construction of recreation and fair- available under this Act may be obligated or earmarks through this bill, 14 of them grounds in Kotzebue, Alaska. otherwise expended for any congressionally listed in this bill—all this amendment Mr. COBURN. This is a simple little directed spending item for— does is say: In the cloud of this and the amendment. Out of the 7,700 earmarks,

VerDate Nov 24 2008 01:14 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.044 S03MRPT1 wwoods2 on PRODPC68 with SENATE S2670 CONGRESSIONAL RECORD — SENATE March 3, 2009 I took 11 that looked a little stinky to Harper’s Ferry National Historic Park in a town in Alaska. It may be a good me, a little questionable—just 11. If I in West Virginia. Let’s do it for no idea. But should we do it now? Should had my way, I would offer an indi- money. Let’s just commemorate it, and we do it at that cost? let’s save 300 grand for our grandkids. vidual amendment on every earmark in AMENDMENT NO. 623, AS MODIFIED this bill, but just 11. I will go through There is $1.719 million for pig odor them very lightly for a moment, and and manure management in Ames, IA. Madam President, I ask unanimous then I will come back and talk on it That goes to Iowa State University. consent that on amendment No. 623, later, maybe this evening. Pigs stink. We know why. We know lines 19 through 21 be removed. I want you to put this in your mind, where they live. So is that a priority The PRESIDING OFFICER. Would that this year we are borrowing $6,000 for us right now? the Senator clarify the language to be from every man, woman, and child. There is $475,000 for the Orange Coun- stricken from his amendment. That is how much we are going into ty Great Park in California. More mil- Mr. COBURN. On amendment No. 623, debt, $6,000 for every man, woman, and lionaires live there than anywhere else lines 19 through 21. in the world. Yet we are going to spend child. Put that in your mind as we talk The PRESIDING OFFICER. The money for a new park now when we are about whether these ought to be a pri- Chair thanks the Senator. ority: A $1.9 million earmark for the borrowing this amount of money? Pleasure Beach water taxi service in Here is my favorite: $200,000 ear- Is there objection? Connecticut. That may be great to do, marked for tattoo removal in Mission Without objection, it is so ordered. but we are borrowing all this from our Hills, CA. We are going to take Federal The amendment (No. 623), as modi- grandkids. Our kids are already broke, money, send it to California, and say: fied, is as follows: so now we are borrowing from our You can have this money to remove tattoos. I would think under a personal At the appropriate place, insert the fol- grandkids. Our kids will never have the lowing: same standard of living we have. Now responsibility platform if you were re- sponsible for getting a tattoo put on SEC. ll. Notwithstanding any other pro- we are going into our grandkids, and vision of this Act, none of the funds made next year we will be going into our you, you might ought to be responsible available under this Act may be obligated or great grandkids. Should we spend $2 for getting it taken off, and I do not otherwise expended for any congressionally million on a water taxi service? I will think our grandchildren ought to be directed spending item for— show the pictures later of where this is paying for it. (1) DIRECT Methanol Fuel Cell (IN); There is $1.5 million for the Cali- to. It will knock your socks off. (2) Solar Energy Windows and Smart IR There is a $3.8 million earmark to fornia National Historic Trail Interpre- Switchable Building Technologies (PA); tive Center. We are going to build an- (3) Adaptive Liquid Crystal Windows (OH); preserve the remnants of the old Tiger (4) Anti-idling Lithium Ion Battery Pro- Stadium in Detroit. It may be a good other interpretive center at a time of economic malaise—as President Obama gram, California (CA); idea to preserve that. Should we be calls it, a crisis. I do not think it is a (5) Advanced Engineering Environment for doing that now when we are borrowing crisis. I think we are in a deep slump, Sandia National Lab (MA); all that money? Is that a priority for (6) Multi-Disciplined Integrated Collabo- but I do not think it is a crisis yet. It the Congress? If it is really a priority rative Environment (MDICE) (MO); is a crisis to those people who have lost (7) Hydrogen Optical Fiber Sensors (CA); for the Congress, I don’t belong here. I their job. But the more we say ‘‘crisis,’’ just don’t think the same way the Con- (8) Flexible Thin-Film Silicon Solar Cells the worse we make it. But we are going (OH); gress thinks if that is a priority right to do an interpretive center now? Is (9) CATALYST: Explorations in Aerospace now for us, to preserve an old stadium now the time we should be doing it, and Innovation education program; that we are not going to do anything knowing we are borrowing the money? (10) Carnegie Mellon University, Pitts- with, and we can preserve it later, Remember, for every $1 million we bor- burgh, PA, for renovation and equipment; spending that kind of money. row, we are going to pay back $3 mil- (11) Mount Aloysius College, Cresson, PA, There is $238,000 for the Polynesian lion. I am not including long-term in- for college preparation programs; Voyaging Society of Honolulu, which (12) Washington & Jefferson College, Wash- terest costs in any of these numbers. ington, PA, for science education outreach organization runs sea voyages in an- Then there is a $5,471,000 earmark for cient-style sailing canoes. Tell me, as programs; the Harkin grant program in Iowa, (14) Nazareth Hospital, Philadelphia, PA, we borrow $6,000 from every man, which says Iowa gets treated dif- for renovation and equipment. woman, and child in this country, that ferently than every other State in this is a priority. I can’t see it being a pri- country. They actually get direct Mr. COBURN. Madam President, I ority. I don’t think anybody from my money going directly for public edu- will end now so I can yield to my State can see that being a priority. I cation outside all the other programs. friend, the chairman of my committee, don’t know about the rest of the We have been doing it for years, but ev- the Senator from Connecticut, so he States. I would be interested to hear erybody else in this country gets to will have an opportunity to speak on the answers of the Senators who are pay so Senator HARKIN can look good the floor but not before I ask unani- going to vote against this amendment in Iowa. I have attacked this earmark mous consent to have printed in the and what they tell people. I would like before. It is wrong. It is unfair. It is not RECORD a listing of the earmarks pro- to have it in my repertory. I would like befitting the body. But it is going to vided today by Taxpayers for Common to know what to tell people about this stay in. So we have brandnew schools Sense. I ask unanimous consent that kind of foolishness. in Iowa, and the rest of us deal with list be printed in the RECORD. There is a $300,000 earmark to com- what we have in our States. There being no objection, the mate- memorate the 150th anniversary of Then we have $380,000 for the con- rial was ordered to be printed in the John Brown’s raid on the arsenal at struction of recreation and fairgrounds RECORD, as follows:

Solo, with Number Solo and with Number other mem- Number Senator Solo earmarks of ear- other members of ear- bers, and of ear- marks marks president marks

Cochran ...... $75,908,475 65 $470,857,775 204 $563,152,775 210 Wicker ...... 4,324,000 9 390,993,300 143 453,735,300 146 Landrieu ...... 10,328,500 31 332,099,063 177 487,845,063 179 Harkin ...... 66,860,000 56 292,360,036 177 370,123,036 185 Vitter ...... 4,034,000 16 249,182,063 142 403,558,063 154 Bond ...... 85,691,491 54 248,160,991 86 333,429,191 98 Feinstein ...... 76,899,425 46 235,027,932 153 776,706,649 183 Inouye ...... 46,380,205 42 225,077,157 106 225,893,157 110 Shelby ...... 114,484,250 64 219,398,750 125 219,398,750 125 Grassley ...... 355,000 8 199,144,486 119 276,907,486 127 Murkowski ...... 74,000 ,75071 181,499,75 093 181,595,750 95 Murray ...... 39,228,250 44 170,960,050 155 500,923,962 177 Lincoln ...... 0 0 167,348,125 93 298,025,125 97 Pryor ...... 0 0 167,048,125 92 297,725,125 96 Menendez ...... 0 0 159,759,300 171 273,276,160 182 Lautenberg ...... 760,450 3 158,760,500 173 272,277,360 184

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Solo, with Number Solo and with Number other mem- Number Senator Solo earmarks of ear- other members of ear- bers, and of ear- marks marks president marks

Hutchison ...... 9,851,000 35 152,859,250 106 267,153,966 113 Levin, Carl ...... 3,800,000 2 152,111,836 178 158,521,836 181 Stabenow ...... 0 1 152,024,336 178 158,434,336 181 Byrd ...... 122,804,900 60 151,786,400 76 175,459,400 80 Cardin ...... 1,271,000 7 149,835,1501 22 357,955,150 127 Mikulski ...... 8,229,625 9 142,020,875 89 350,140,875 94 Boxer ...... 7,546,250 16 139,495,021 116 515,511,738 133 Schumer ...... 21,952,250 37 137,959,867 209 724,706,765 218 Bingaman ...... 13,807,750 22 134,582,375 107 214,165,375 117 Akaka ...... 835,000 2 132,775,702 50 132,775,702 51 Durbin ...... 35,577,250 48 132,418,750 97 218,058,154 108 Dorgan ...... 36,547,100 10 127,910,091 62 197,896,091 66 Specter ...... 25,320,000 134 126,771,246 265 168,471,246 267 Domenici* ...... 19,588,625 13 125,081,702 82 281,468,702 99 Webb ...... 8,568,000 7 112,710,750 71 202,031,858 74 Coleman* ...... 1,055,000 8 109,183,625 83 208,071,685 90 Reid ...... 26,628,613 56 108,705,429 108 142,048,429 113 Martinez ...... 18,758,000 8 106,711,896 62 502,217,592 73 Casey ...... 27,169,750 11 103,440,139 137 145,140,139 140 Nelson, Ben ...... 5,506,000 10 103,316,050 80 512,740,050 90 Klobuchar ...... 4,740,000 6 100,155,625 67 175,108,685 70 Kerry ...... 0 0 97,015,450 123 132,015,450 126 Wyden ...... 427,750 3 94,859,425 104 266,537,425 115 Dole* ...... 9,162,250 19 93,974,205 72 126,670,205 79 Bennett, Robert ...... 18,026,500 23 93,568,150 63 195,731,150 66 Warner ...... 95,000 1 91,702,750 56 181,023,858 59 Sessions, Jeff ...... 4,250,500 12 89,930,750 31 89,930,750 31 Smith, Gordon* ...... 0 0 88,696,675 84 260,374,675 95 Kennedy, Ted ...... 714,000 1 86,416,450 124 121,416,450 127 Cornyn ...... 2,518,000 5 85,965,000 52 199,738,716 58 Johnson, Tim ...... 12,341,000 23 81,570,400 65 114,340,400 66 Inhofe ...... 53,133,500 34 80,161,625 73 80,161,625 74 Cantwell ...... 143,000 2 78,327,050 96 132,096,380 102 McConnell ...... 51,186,000 36 75,548,325 53 267,789,325 57 Baucus ...... 2,496,750 9 75,402,750 62 134,250,750 65 Tester ...... 1,863,000 4 71,504,000 52 130,352,000 55 Voinovich ...... 13,501,000 6 70,528,820 103 76,969,820 107 Kohl ...... 23,832,000 44 63,496,500 89 70,696,500 93 Hatch ...... 711,000 7 63,219,650 42 164,926,650 44 Burr ...... 1,284,000 3 61,940,500 35 61,940,500 35 Thune ...... 4,275,000 6 59,589,400 38 92,359,400 39 Leahy ...... 36,161,125 52 58,197,375 75 62,025,375 76 Ensign ...... 0 0 52,589,000 26 55,289,000 28 Biden ...... 0 0 52,061,420 55 52,061,420 55 Dodd ...... 0 0 49,462,574 61 49,462,574 61 Brownback ...... 12,020,048 21 47,721,273 68 72,711,273 74 Roberts ...... 2,202,000 11 46,908,875 60 82,664,875 68 Brown, Sherrod ...... 3,161,500 8 46,738,860 86 56,816,860 89 Carper ...... 0 0 46,232,420 53 46,232,420 53 Chambliss ...... 4,253,000 7 45,706,125 67 48,372,125 69 Craig* ...... 1,012,000 2 44,921,389 45 45,421,389 46 Salazar, Ken* ...... 7,500,000 20 44,639,900 69 191,969,110 79 Lieberman ...... 1,164,000 2 43,742,976 59 43,742,976 59 Conrad ...... 0 0 42,290,313 40 42,290,313 40 Graham ...... 9,545,000 14 40,634,500 37 45,214,500 39 Crapo ...... 100,000 1 39,439,389 52 74,390,389 55 Hager ...... 7,195,000 5 38,830,550 41 43,450,550 43 Reed ...... 10,755,750 24 38,399,822 71 38,399,822 71 Nelson, Bill ...... 5,715,750 11 37,632,965 58 37,632,965 58 Lugar ...... 3,276,000 10 35,481,153 52 35,481,153 52 Alexander, Lamar ...... 5,544,500 11 32,116,000 37 179,765,000 41 Allard* ...... 5,798,750 7 30,655,900 43 154,408,110 49 Isakson ...... 1,425,000 2 29,993,375 48 30,902,375 50 Collins ...... 380,000 1 28,724,500 45 32,174,500 47 Snowe ...... 0 0 26,807,500 42 30,257,500 44 Whitehouse ...... 0 0 26,456,572 45 26,456,572 45 Kyl ...... 4,950,000 3 25,768,000 10 60,262,000 12 Gregg ...... 10,028,000 19 24,175,000 39 24,253,000 40 Sununu* ...... 3,207,500 8 17,756,500 23 17,756,500 23 Corker ...... 760,000 1 17,716,500 16 165,365,500 19 Bayh ...... 1,188,000 4 14,957,760 17 14,957,760 17 Barrasso ...... 2,713,000 4 12,373,350 19 12,373,350 19 Sanders ...... 5,877,725 16 10,942,725 26 10,942,725 26 Enzi ...... 1,725,000 5 10,894,350 18 10,894,350 18 Bunning ...... 735,000 5 10,618,175 13 10,618,175 13 Clinton* ...... 0 0 6,714,000 3 6,714,000 3 Rockefeller ...... 0 0 5,019,000 1 5,019,000 1 Coburn ...... 0 0 0 0 0 0 DeMint ...... 0 0 0 0 0 0 Feingold ...... 0 0 0 0 0 0 McCain ...... 0 0 0 0 0 0 McCaskill ...... 0 0 0 0 0 0 Obama* ...... 0 0 0 0 0 0 Stevens* ...... 0 0 0 0 0 0

Mr. COBURN. With that, Madam Mr. INOUYE. Madam President, I ask not a good idea, but I wish to remind President, I yield the floor, and I thank unanimous consent that the order for my colleagues once again that the the Senator from Connecticut. the quorum call be rescinded. level of funding in this bill is con- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without sistent with the amount approved by ator from Connecticut. objection, it is so ordered. the Congress in the budget resolution. Mr. LIEBERMAN. Madam President, Mr. INOUYE. Madam President, the Second, as the Senator from Texas I thank my friend from Oklahoma. motion offered by the Senator from knows, the omnibus bill was written by (The remarks of Mr. LIEBERMAN Texas, Mrs. HUTCHISON, is very similar the Appropriations subcommittees in a are printed in today’s RECORD under to the motion of the Senator from Ne- bipartisan process and these bills were ‘‘Morning Business.’’) vada that the Senate defeated. There is reported out of the committee—five of Mr. LIEBERMAN. I suggest the ab- only one difference between the two them unanimously and two almost sence of a quorum. motions. This motion allows for the unanimously. The subcommittees The PRESIDING OFFICER. The cost of inflation to be provided, and the worked with their House counterparts clerk will call the roll. previous one did not. to craft this legislation. It reflects a The assistant legislative clerk pro- I have already informed the Senate fair compromise between the two bod- ceeded to call the roll. why making reductions in this bill is ies.

VerDate Nov 24 2008 01:14 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.030 S03MRPT1 wwoods2 on PRODPC68 with SENATE S2672 CONGRESSIONAL RECORD — SENATE March 3, 2009 But, once again, the argument in Recovery Act for the Park Service, activities on the Polynesian Voyaging favor of cutting the omnibus is that these funds were not for rangers or Society as the reason why they chose there is overlap between the funds in park operations; they were to cover de- to study science. the Recovery Act and in the omnibus ferred maintenance projects. These are This leadership opportunity has been bill. As I have noted previously, this projects that are ready to go and can shown to be especially effective with simply is not the case. The funds in the be started almost immediately to stim- at-risk youth diagnosed with mental Recovery Act are either unrelated to ulate the economy as intended. There illness. The success of traditional the omnibus or were assumed in the is no duplication between the Recovery methods of addressing mental illness in levels approved by the Recovery Act. Act and the omnibus for our national adolescents involves a strong family This motion also suggests that the parks. support system. One study revealed the committee should cut nonessential I could stand here all day and list ex- students who participated in this pro- spending. I, for one, would argue that ample after example of the types of gram showed great improvement re- this bill contains only essential funds, programs that are funded in this omni- gardless of the support that the stu- but I recognize for a few of my col- bus bill with the increases that the dent received from family. In effect, leagues nonessential spending equates Senator’s amendment would eliminate. this program has been able to tran- to earmarks. I wish to remind my col- These examples shouldn’t come as any scend existing social problems within leagues once again that on the ques- surprise to the Members of the Senate, the student’s own family so that these tion of earmarks, there is $3.8 billion in if they remember that these bills were young people can grow and develop congressionally directed spending in written by our subcommittee chairmen into contributing members of the com- this bill. This represents less than 1 and ranking members in a bipartisan munity. percent of the total bill. If you elimi- fashion. They were marked up in open As noted in the National Academies’ nated all of the earmarks in this bill, session with all Members able to offer Study, ‘‘Rising Above The Gathering including those of Hawaii and Texas, amendments and the final product was Storm,’’ creating opportunities and in- you would still have to cut at least $8 drafted with our House colleagues on a centives for students to pursue science billion more from other valid pro- bipartisan basis. Once again, the omni- studies is a critical component of en- grams. If we have to cut this bill to the bus bill is a good package of bills. It is suring America’s future competitive- fiscal year 2008 level, that means there bipartisan, it is noncontroversial, and ness. The Polynesian Voyaging Soci- are a number of worthy projects that it is in compliance with the budget res- ety’s programs are geared toward pro- will have to be reconsidered. olution totals for the committee. The viding such opportunities. For example, the State and Foreign idea of stimulus overlap is not based on On a personal note, the program is Operations chapter of the bill provides fact. The question of earmarks is a geared to assist Native Hawaiians, in a total of $5.5 billion for programs to minor point in the significant bill that particular. As we find in Native soci- combat HIV/AIDS—$388 million above protects Democratic priorities. So I be- eties throughout the United States, former President Bush’s request and lieve this bill deserves the support of Native Americans have not only been $459 million above the fiscal year 2008 every Member of the Senate. I urge my mistreated and victims of discrimina- request. This increase was supported colleagues to vote against this motion. tion, they have been deprived of their by Democrats and Republicans. Of this If I may speak on another subject, culture. In earlier days, they were amount, $600 million is provided for the the Senator from Oklahoma raised forced to become Christians. They were Global Fund to fight HIV/AIDS, which questions regarding the Polynesian forced to wear suits. They were forced is $400 million above the request. Addi- Voyaging Society. Students learn in not to wear feathers. tionally within the total, $350 million different ways, and educators are con- While in this Polynesian program, I is provided for USAID programs to stantly pressed to find inspiring ways have spoken to many of the students, combat HIV/AIDS. These additional to educate our young people, particu- and there are certain points that funds, which pay for life-sustaining and larly those who are considered at risk. should be made. Several students came antiretroviral drugs, prevention and That is what the Polynesian Voyaging up to me, for example, and said, ‘‘I am care programs, would be lost to the Society offers. The voyages organized proud to be a Hawaiian.’’ That is one of detriment of 1 million people who by the Society help to train educators the things we have found lacking in would receive lifesaving treatment this and scientists in ocean resource stew- Native Hawaiian youth—pride in their year. With this funding, 2 million addi- ardship. In addition, through the use of ancestry—especially when they learn tional HIV infections would be pre- the Internet, the society interactively their ancestors took a voyage much vented this year. Instead of 10 million communicates with students during longer than the one Columbus took lives we are saving today, we have the the voyage to share the knowledge across the Atlantic, double the length, opportunity to save 12 million people. gained. and the Hawaiians knew where they We have the opportunity with this bill This initiative supports cultural edu- were headed—to Hawaiki, which is to save or care for 1 million more or- cation programs geared toward enhanc- presently the State of Hawaii. Colum- phans and vulnerable children who are ing leadership skills and cultural bus thought he was going elsewhere, either infected with HIV or have been knowledge through deep sea voyaging and he got lost. It makes them a bit orphaned because a parent died from for students. These traditional proud of their ancestry. They learned HIV. Do we think that the Senate voyaging skills utilize noninstrument their ancestors were great warriors, wants to reconsider this item? navigation skills whereby participants great voyagers, great administrators, Freezing funding would mean $350 have to rely upon themselves and their and great farmers. This is a very inex- million less for the FBI to protect our crews to arrive safely at their destina- pensive way to restore the pride that is Nation and our communities from ter- tion. The voyage is much more than much in need among our Native Hawai- rorism and violent crime. The FBI one of miles; it is a voyage of young ian youth. would have to institute an immediate people discovering that they are able I have been told that the assistant hiring freeze of agents, analysts, and to accomplish more than they ever leader will be seeking recognition. I am support staff. This will mean 650 fewer thought possible. happy to yield the floor. FBI special agents and 1,250 fewer in- This knowledge of self-reliance and The PRESIDING OFFICER. The Sen- telligence analysts and other profes- interdependence helps to transform ator from Illinois is recognized. sionals fighting crime and terrorism on students, especially native Hawaiian Mr. DURBIN. Madam President, be- U.S. soil. Surely the Senator from students, so they may chart a positive fore I make a few remarks about the Texas doesn’t want us to go back and future. The program also makes underlying bill, I want to say that reduce funding for the FBI. science more accessible to school stu- those following this debate on the floor More than 30 Members requested the dents as they follow the journey. Many are witnessing a piece of history. Sen- committee add funds for operations of students are encouraged to study ator DAN INOUYE of Hawaii has made our national parks. If we have to cut science and care about the environ- such amazing contributions to this program goals, we will lose 3,000 park ment because of this program. Numer- country. As a young man, his service in rangers. While there are funds in the ous college science majors mentioned World War II led to his being honored

VerDate Nov 24 2008 01:14 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.050 S03MRPT1 wwoods2 on PRODPC68 with SENATE March 3, 2009 CONGRESSIONAL RECORD — SENATE S2673 with the Congressional Medal for his committee’s report. The idea is to put and, I guess, the fact that the function bravery in battle. He has carried the the people and resources there and of Government to help the helpless and wounds of that battle now for many overseas to make sure we protect protect those who need it is honored. I years. He used his time in the service American families and consumers from hope everybody will come to the floor to inspire him to higher levels of public dangerous products. I think most peo- and think long and hard about this bill. service in our Government and beyond ple would agree that is money well I will add one closing fact. Many peo- the military, serving in Congress and spent. When any of us go into a store ple remember the flooding that oc- as a U.S. Senator from the State of Ha- and buy a product, we assume some curred in Cedar Rapids, IA, last year. It waii. He is, in fact, a legend in the his- agency of the Government took a look was devastating. One of the buildings tory of the Senate. I am honored to at it. It turns out that, in many cases, devastated was the courthouse in Cedar call him a colleague. Parenthetically, 6 this small Commission could not keep Rapids. As a result, I had a request years ago, when I was sworn in to my up with that challenge. If the pending from Senators CHARLES GRASSLEY and second term, I chose Senator INOUYE to amendment by Senator HUTCHISON pre- TOM HARKIN to come up with emer- escort me for that swearing-in cere- vails, that money won’t be there. This gency funds to rebuild this courthouse mony because of my great respect for agency will be cut back again, and fam- in the right way, so that it could be him and all he has meant to our coun- ilies will be vulnerable again. I don’t safe and functional after the flooding. try, his State of Hawaii, and to me per- want that to happen. We had $182 million in the 2009 Consoli- sonally. We also put in $943 million for the Se- dated Security, Disaster Assistance, What you just heard in his comments curities and Exchange Commission. It and Continuing Appropriations bill for about Native Hawaiians you could have is an increase of $37 million over the that purpose. It is an earmark, make heard as well about his commitment to previously enacted level. The addi- no mistake about it. We earmarked the Native Americans. From the beginning, tional money we are putting into the funds for that courthouse that was dev- DANNY INOUYE has been there to fight SEC is a direct result of reports of astated by floodwaters at the request for those who oftentimes were not dereliction of duty and their failure to of Senators GRASSLEY and HARKIN. I given the same treatment, same re- respond to serious challenges. We all believe this was the right expenditure. spect, and same rights as other Ameri- know about the Bernard Madoff scan- It is an earmark that we can justify as cans. His voice has made a difference dal, where that man created a Ponzi being important not just to Iowa but to time and time again. When he comes to scheme that went undetected and the Nation. I hope both Senators know us and talks about this underlying Om- unpunished until there were innocent we listen carefully to them in our sub- nibus appropriations bill and some of victims all across the United States of committee. With Senator BROWNBACK the programs that will help Native Ha- this man’s chicanery. The SEC, it of Kansas, we work to be responsive to waiians and Native Americans, it is turns out, had been warned years be- the real needs of our colleagues across with a commitment from the heart. He fore and didn’t follow through. America. This is a responsible bill. I really believes in helping these people, The SEC has an important role in our commend it to my colleagues. I hope many of whom have been treated badly free market economy to make certain we can enact it soon because on Friday by the United States in our founding that stocks and other financial instru- our temporary spending measures will years. ments are done in a transparent and expire, and we need a long-term Omni- I wanted to preface my remarks by honest way. That is why we are in- bus appropriations bill so that we can saying, for those looking for a reason creasing the size of the appropriation get to work on the next fiscal year in to support this bill, Senator DANNY for this agency. The pending amend- an orderly manner, under the leader- INOUYE, our chairman, has given a ment would cut that back at a time ship of Chairman INOUYE. good, solid reason, so that we can bal- when we are in such economic turmoil. I yield the floor. ance the books and right the wrongs We need to have certainty as Ameri- The PRESIDING OFFICER. The Sen- that occurred in previous generations. cans that we are safe when we invest ator from Hawaii is recognized. I want to come down to practical and that somebody in the Government Mr. INOUYE. Madam President, I am considerations. The pending amend- is keeping an eye on those transactions overwhelmed by the generous remarks ment would dramatically cut this bill. and those companies. of the distinguished Senator from Illi- Some of the cuts would make a big dif- The same is true for the Commodity nois. Thank you very much. ference. I look back and remember Futures Trading Commission. It is an I suggest the absence of a quorum. what happened not that long ago, over important Commission that deals with The PRESIDING OFFICER. The two holiday seasons, when parents and financial instruments, such as futures, clerk will call the roll. families across America were fright- and those instruments that relate to The assistant legislative clerk pro- ened that the toys they were buying things such as the cost of oil. We paid ceeded to call the roll. were dangerous. The paint contained close attention to that when gasoline Mr. REID. Madam President, I ask lead that could have a negative phys- was $4.50 a gallon. I provide $146 mil- unanimous consent that the order for ical impact on a child. We traced many lion through my committee to the the quorum call be rescinded. of the toys back to China and found CFTC. That is a 31-percent increase The PRESIDING OFFICER. Without that not only were they careless in over last year’s appropriation. Why? So objection, it is so ordered. their manufacture, but we were care- they can buy the computers to keep up Mr. REID. Madam President, I ask less, as a government, in our inspec- with the hundreds of thousands and unanimous consent that at 5:45 today, tion. millions of transactions, so they can the Senate vote in relation to the The agency responsible for it, the detect wrongdoing and correct it before Hutchison amendment, with the 4 min- Consumer Product Safety Commission, innocent people lose their life savings, utes prior to the vote equally divided was one of the small agencies that and before people who count on the in- and controlled between Senators most people never heard of. When it be- tegrity of the American financial insti- HUTCHISON and INOUYE or their des- came a scare and concern for parents in tutions are defrauded. I think that is ignees, and that the previous order pro- America, we started to pay attention. money well spent, and it is money we hibiting amendments prior to a vote In my subcommittee, we had this par- should spend in this instance. remain in effect. Madam President, the ticular Commission. I decided to make I say to those who are cutting back 4 minutes will cause a vote not to be a substantial change in the funding and and say: We are just making across- right at 5:45, but it will be close. staffing so that this Commission could the-board cuts, it is not really going to The PRESIDING OFFICER. Is there protect Americans not just from dan- touch us, there are three specific exam- objection? gerous toys but dangerous products all ples where money is included in this Without objection, it is so ordered. around. So what we did in the bill was appropriations bill to protect American Mr. REID. Madam President, I alert provide $105 million for the Consumer families and consumers, money that is all Members that we have a number of Product Safety Commission, an in- small in comparison to larger appro- people who want to speak in relation to crease of $25 million over last year’s priations but can make a significant the Coburn amendments. We also are spending, and $10 million above the difference in the role of Government told by the Republican staff that there

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Then we have to go to Burris Landrieu the Secretary of State shall submit a report Specter Byrd Lautenberg to the Committee on Appropriations of the the House because Prime Minister Stabenow Cantwell Leahy Senate and the Committee on Appropria- Brown is here. That is at 10:30. And Tester Cardin Levin tions of the House of Representatives indi- then there are other things going on. Carper Lieberman Udall (CO) Udall (NM) cating the amount of funds that the UNFPA The Republican leader and I have been Casey Menendez is budgeting for the year in which the report invited to a lunch with Prime Minister Dodd Merkley Warner Webb is submitted for a country program in the Brown, and there are other things. We Dorgan Mikulski Durbin Murray Whitehouse People’s Republic of China. have a steering meeting of the Repub- Feingold Nelson (FL) Wyden (2) DEDUCTION.—If a report submitted licans, I understand, during the lunch Feinstein Pryor under paragraph (1) indicates that the UNFPA plans to spend funds for a country hour—I think that is what it is called. NOT VOTING—4 We have a chairman lunch. We are not program in the People’s Republic of China in Conrad Kennedy going to be able to have the votes on the year covered by the report, the amount Johanns Sessions of such funds that the UNFPA plans to spend any of these amendments until after The motion was rejected. in the People’s Republic of China shall be de- we finish these things tomorrow. That The ACTING PRESIDENT pro tem- ducted from the funds made available to the will give us the afternoon to have some pore. The Senator from Mississippi is UNFPA after March 1 for obligation for the votes and find out where we are on this remainder of the fiscal year in which the re- recognized. bill tomorrow. port is submitted. We have had some good debate today. AMENDMENT NO. 607 (f) RULE OF CONSTRUCTION.—Nothing in this These have been very difficult amend- Mr. WICKER. Madam President, I section may be construed to limit the au- ments. I think they go to the heart of ask unanimous consent that the pend- thority of the President to deny funds to any organization by reason of the application of the bill, especially those offered by ing amendment be set aside and that I be allowed to call up my amendment. another provision of this Act or any other Senator MCCAIN, Senator ENSIGN, and provision of law. The ACTING PRESIDENT pro tem- Senator HUTCHISON. The rest of them I Mr. WICKER. Madam President, I will have comments on at a later time. pore. Without objection, it is so or- dered. The clerk will report the amend- also ask unanimous consent that the I hope Senators understand where we following Senators be added as cospon- are and where we are headed on this ment. The bill clerk read as follows: sors of amendment No. 607: Senator legislation. ENZI, Senator BUNNING, Senator Mr. INOUYE. Madam President, I The Senator from Mississippi [Mr. WICKER] proposes an amendment numbered 607. INHOFE, Senator COBURN, Senator yield back the remainder of the time. VITTER, and Senator GRASSLEY. The PRESIDING OFFICER. All time Mr. WICKER. Madam President, I The ACTING PRESIDENT pro tem- is yielded back. ask unanimous consent that the read- pore. Without objection, it is so or- The question is on agreeing to the ing of the amendment be dispensed dered. motion. with. Mr. THUNE. Madam President, would Mr. INOUYE. I ask for the yeas and The ACTING PRESIDENT pro tem- the Senator yield? nays. pore. Without objection, it is so or- Mr. WICKER. I will yield to the Sen- The PRESIDING OFFICER. Is there a dered. ator. sufficient second? The amendment is as follows: The ACTING PRESIDENT pro tem- There appears to be a sufficient sec- (Purpose: To require that amounts appro- pore. The Senator from South Dakota. ond. priated for the United Nations Population Mr. THUNE. I ask unanimous con- Fund are not used by organizations which The clerk will call the roll. support coercive abortion or involuntary sent to be added as a cosponsor to the The bill clerk called the roll. sterilization) Senator’s amendment. The ACTING PRESIDENT pro tem- Mr. DURBIN. I announce that the On page 927, strike line 14 and all that fol- Senator from North Dakota (Mr. lows through page 929, line 20, and insert the pore. Without objection, it is so or- CONRAD) and the Senator from Massa- following: dered. chusetts (Mr. KENNEDY) are necessarily (b) AVAILABILITY OF FUNDS.—Funds appro- Mr. WICKER. Madam President, I absent. priated under the heading ‘‘International Or- spoke at some length yesterday about Mr. KYL. The following Senators are ganizations and Programs’’ in this Act that this amendment. It deals with one are available for UNFPA and are not made issue and one issue only—whether U.S. necessarily absent: the Senator from available for UNFPA because of the oper- Nebraska (Mr. JOHANNS) and the Sen- taxpayer dollars will be provided in ation of any provision of law, shall be trans- this omnibus bill to help fund coercive ator from Alabama (Mr. SESSIONS). ferred to the ‘‘Global Health and Child Sur- The ACTING PRESIDENT pro tem- vival’’ account and shall be made available population control policies, such as China’s one-child policy—a policy that pore (Mrs. SHAHEEN). Are there any for family planning, maternal, and reproduc- other Senators in the Chamber desiring tive health activities, subject to the regular relies on coerced abortion and forced to vote? notification procedures of the Committee on sterilization. Appropriations of the Senate and the Com- Specifically, this pro-child, pro-fam- The result was announced yeas 40, mittee on Appropriations of the House of ily, pro-woman amendment would re- nays 55, as follows: Representatives. store the Kemp-Kasten antipopulation [Rollcall Vote No. 76 Leg.] (c) PROHIBITION ON USE OF FUNDS IN control provision, which has been a YEAS—40 CHINA.—None of the funds made available under ‘‘International Organizations and Pro- fundamental part of our foreign policy Alexander DeMint Martinez grams’’ may be made available for the for almost a quarter century. As it has Barrasso Ensign McCain UNFPA for a country program in the Peo- always done, Kemp-Kasten allows the Bayh Enzi McCaskill ple’s Republic of China. Bennett Graham McConnell President of the United States to cer- Brownback Grassley Murkowski (d) CONDITIONS ON AVAILABILITY OF tify that funds are not used for coer- Bunning Gregg Nelson (NE) FUNDS.—Amounts made available under cive family practices. As it has always Burr Hatch Risch ‘‘International Organizations and Programs’’ done, the provision would allow the Chambliss Hutchison Roberts for fiscal year 2006 for the UNFPA may not Coburn Inhofe President to release those funds after Thune be made available to UNFPA unless— Cochran Isakson Vitter he has made such a certification. Collins Klobuchar (1) the UNFPA maintains amounts made Voinovich My amendment is needed because the Corker Kyl available to the UNFPA under this section in Cornyn Lincoln Wicker an account separate from other accounts of underlying bill reverses this long- Crapo Lugar the UNFPA; standing provision. The omnibus bill

VerDate Nov 24 2008 01:14 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.052 S03MRPT1 wwoods2 on PRODPC68 with SENATE March 3, 2009 CONGRESSIONAL RECORD — SENATE S2675 that we have before us purports to re- zation that funds such practices in colleagues are on the floor of the Sen- tain Kemp-Kasten, but then it also in- China. ate, and I will be very brief. cludes six troubling words that effec- The most recent State Department I come to the floor to support the un- tively kill the provision. In addition to report on UNFPA activities shows that derlying bill and also to give a few Kemp-Kasten, the bill directs funds to their funds are indeed funneled to Chi- brief remarks about the legislative the United Nations Population Fund, nese agencies that coercively enforce branch, which I chair, for the record. or UNFPA ‘‘notwithstanding any other the very practices I just read about. The legislative branch in this bill is provision of law.’’ Are we to believe that in less than a funded at $4.4 billion—not an insignifi- Perhaps these words were added inad- year the UNFPA has changed its prac- cant amount of money but very small vertently. I don’t know. But the words tices? That is not a bet I am willing to relative to the overall bill. There is a that are added—those six little words— take with the taxpayers’ money. $43 million increase over last year, represent a loophole that in effect guts The Wicker amendment should be which is an 11-percent increase, which Kemp-Kasten and alters this long- adopted to once again give the Presi- would seem on the face of it rather sig- standing bipartisan foreign policy in dent, President Obama, the oppor- nificant, so I thought I would like to the process. tunity to certify that UNFPA, or any explain. Some people may ask why restoring other organization, is not participating It is more than the cost of living, Kemp-Kasten is important, and here is in family planning techniques such as more than inflation, but there are why. The U.N. Population Fund, a the harsh techniques I just read about. three very good reasons we thought— group that is in line to receive some $50 My amendment does not represent a both Republican and Democrat on our million in this bill, has actively sup- radical shift or departure from what is committee—that this was the right ported, comanaged, and whitewashed normal. In fact, it simply returns the thing to do. First of all, building up crimes against women under the cover language in this bill to language that Congress’s oversight responsibilities at of family planning. Under the Kemp- was agreed upon by both Republicans this time is critical. We have seen Kasten provision, the last administra- and Democrats in last year’s Foreign much of the scandal and corruption tion withheld money from UNFPA for Operations appropriations bill during a and unregulated situations that have this very reason. I would like to quote time when Democrats controlled the led us to the place we are. Congress then-Secretary of State Colin Powell, House of Representatives and con- needs to make sure we are doing a bet- who stated: trolled the Senate of the United States. ter job with our inspector general of- UNFPA support of and involvement in Chi- The language that I am offering was fices, with our general oversight, par- na’s population planning activities allows agreed upon by Republicans and Demo- ticularly because we are stepping up so the Chinese Government to implement more crats. much additional spending for stimulus effectively its program of coercive abortion. Finally, there have been concerns and investment. Our committee Therefore, it is not permissible to continue voiced about the need not to make thought that was the responsible thing funding UNFPA at this time. changes in this bill. We have been told to do, to actually invest in greater That is the end of the quote from our this bill has been preconferenced. Per- oversight. So about 38 percent of this Secretary of State. sons say that in doing so we might increase is related to that. A further analysis by the U.S. State delay the bill’s passage by sending it Department of the Chinese program on back to the House for approval. I admit Second, there is a backlog of life family planning reveals this—I will the funding contained in this bill is im- safety issues related to this great Cap- quote from the State Department anal- portant, but that does not mean we can itol complex. Trust me, there is no ysis: forget about our jobs as legislators. I money in here for carpet or fancy China’s birth limitation program retains do not believe the other body will let lighting or extra offices for anyone. harshly coercive elements in law and prac- this bill die simply because we are This is for basically asbestos removal— tice, including coercive abortion and invol- doing what is right, by clarifying our which can be life threatening, as you untary sterilization. country’s policy of standing against co- know, and cause serious harm to those Does anyone in this Senate want to ercive population control practices like people who work in this Capitol, both spend U.S. funds to support these ac- forced abortion and forced steriliza- our staffs and the workforce. That is tivities: coercive abortion and involun- tion. an unmet need. There is over $1 billion tary sterilization? I think we ought to I realize opinions in this Chamber of unmet needs. This bill attempts to have a unanimous consensus in the and across our country vary greatly on just deal with some immediate situa- Congress that we have no business the issue of abortion. I am pro-life and tions. spending our taxpayers’ dollars on such I am mindful that some Members in Finally, now that the Capitol Visitor things. The report goes on to say: this body would describe themselves as Center is open, there are some addi- The State Department summarized these pro-choice. But regardless of where we tional security requirements of our practices in its 2007 China Country Report on come down on that issue, can’t we Capitol Police. This project was started Human Rights Practices. . . . These meas- many years ago. It was supported by ures include the implementation of birth agree that we do not want to spend tax- payer dollars to force this on women both Democrats and Republicans. It is limitation regulations, the provision of now open, was dedicated recently, but obligatory contraceptive services, and the who do not want this procedure? We use of incentives and penalties to induce ought to all be able to agree that is we have to operate it appropriately. We compliance. wrong and that is a misuse of Amer- have to make sure it is secure, not just Further in the report, and I continue ican taxpayer funds. for ourselves and our staff, but for the to quote: The United States should not turn its millions of visitors who come. There is some increased funding for Capitol Po- China’s Birth Limitation Program relies head on coercive family control pro- on harshly coercive measures such as so- grams like sterilization and forced lice that reflects that this Capitol Vis- called ‘‘social maintenance’’ fees. abortion, and our taxpayers should not itor Center is the greatest expansion of And to skip down further: have their dollars used to help fund this building in over 100 years. It was not just a small addition, it was quite In families that already have two children, such horrible acts. My amendment will one parent is often pressured to undergo help stop that from happening. It re- a large addition, and we need that sterilization. A number of provinces have stores a longstanding foreign policy extra security. legal provisions that require a woman to provision. It reflects our Nation’s com- Finally, there is a full request, that have an abortion if her pregnancy violates mitment to promoting human rights. I was met, by the Library of Congress to government regulations. . . . urge its adoption. provide new modern technology for the I wish we could stop this practice I yield the floor. visually impaired. It is something that worldwide. China is a sovereign nation, The ACTING PRESIDENT pro tem- was a high priority for the community and they have the power to impose pore. The Senator from Louisiana. of the blind and the visually impaired, these laws on their people. But tax- Ms. LANDRIEU. Madam President, I millions of Americans who have no ac- payer funds should not be spent from rise to speak on the underlying bill cess to books as we normally read the U.S. Treasury to assist an organi- just for a moment. I know some of my them but need these digital talking

VerDate Nov 24 2008 01:14 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.056 S03MRPT1 wwoods2 on PRODPC68 with SENATE S2676 CONGRESSIONAL RECORD — SENATE March 3, 2009 books. Not only does it help the Li- Physically Handicapped. The Library’s there are great needs internationally, brary of Congress but ensures every li- fiscal year 2009 budget includes $29 mil- but they also realized we have equal or brary in America, including school li- lion to move forward on the Digital maybe even greater needs right here at braries, has access, so children who do Talking Book for the blind project. home on our Nation’s reservations. not have their sight, and adults, can This project is a high priority for this The final PEPFAR bill created a $2 read and remain part of this economy. Congress and for the blind community. billion, 5-year authorization beginning Those are the reasons this bill has It is vital that the blind receive unin- in fiscal year 2009 for an emergency been expanded by 11 percent. I hope my terrupted access to something the rest fund for Indian health and safety. Over colleagues understand. We have gotten of us take for granted—books and other the 5-year authorization, $750 million pretty much broad-based support. reading materials that allow us to could be spent on public safety, $250 As I said Madam President, 38 per- work and learn. This bill supports that million on health care, and $1 billion cent of the total increase goes towards important goal allowing this project to for water settlements. increased staffing for the Government proceed on schedule and provide more In order to ensure that the emer- Accountability Office and the Congres- titles than originally anticipated. This gency fund for Indian health and safety sional Budget Office to allow for great- is a key issue of fairness which we can was funded as quickly as possible, I and er oversight of the Federal Govern- and must address now. six of my colleagues sent a letter to ment. The help of these agencies is The funding in this bill puts the Leg- President Bush last year asking that more critical than ever during this islative Branch on solid footing for the he include funding in the fiscal year time of economic uncertainty and na- future and invests in the right prior- 2010 budget for the emergency fund. tional crisis. GAO and CBO intend to ities. We should strongly support it. Then we worked to get a total of 21 beef up their staffing levels to meet The ACTING PRESIDENT pro tem- Senators to send a similar letter to Congress’s needs as we tackle the many pore. The Senator from South Dakota President Obama on November 24, 2008. critical issues facing us today. is recognized. I believe this continued bipartisan ef- Nearly 23 percent of the overall fiscal AMENDMENT NO. 635 fort underscores the support for ad- year 2009 increase goes to the Architect Mr. THUNE. Madam President, I ask dressing the needs that exist in Indian of the Capitol for fire and life safety unanimous consent that the pending Country. projects in the Capitol Complex—in- amendment be set aside and I be able What the amendment does is seek to cluding $56 million for asbestos re- to call up amendment No. 635 and make remedy this without raising the overall moval and structural repairs in the it pending. cost of the omnibus bill. It simply re- utility tunnels which provide steam The ACTING PRESIDENT pro tem- duces discretionary spending through- and chilled water throughout the en- pore. Without objection, it is so or- out the bill by $400 million, the fiscal tire complex. dered. The clerk will report. year 2009 authorized amount from Congress is facing a tremendous The legislative clerk read as follows: PEPFAR, and redirects that money to backlog of structural problems in our The Senator from South Dakota [Mr. the emergency fund for Indian safety aging infrastructure here on Capitol THUNE], proposes an amendment numbered and health. This amounts to less than Hill which has grown to over $1.4 bil- 635. one-tenth of 1 percent cut from each lion. This bill provides a small but Mr. THUNE. Madam President, I ask program funded in the omnibus bill. much-needed step towards addressing unanimous consent the reading of the Bear in mind the omnibus bill in- this backlog. Many of our buildings in amendment be dispensed with. cludes an overall funding increase of 8.3 the Capitol Complex lack the adequate The ACTING PRESIDENT pro tem- percent over last year’s appropriated fire and life safety requirements to pore. Without objection, it is so or- level—that on top of the stimulus bill keep Congress in compliance with dered. that passed earlier this year that, as health and safety regulations. As I The amendment is as follows: we all know, poured billions of dollars said, I am proud of the funding in- (Purpose: To provide funding for the Emer- into many of these Federal agencies. cluded in this bill which will address gency Fund for Indian Safety and Health, So what I am suggesting is we carve these inadequacies and help make the with an offset) out one-tenth of 1 percent of the cost of Capitol safer for our staff and for our On page 458, after line 25, insert the fol- this bill. As I said, take the overall in- visitors. It would be irresponsible not lowing: crease in this year’s bill from 8.3 per- to tackle these problems now—we will EMERGENCY FUND FOR INDIAN SAFETY AND cent over last year’s appropriated just be kicking them down the road HEALTH amount to an 8.2-percent increase over where they will be more expensive and For deposit in the Emergency Fund for In- last year’s amount. more difficult to repair. dian Safety and Health established by sub- Since this appropriations bill was put The bill includes funding for the section (a) of section 601 of the Tom Lantos together—I think it was put together United States Capitol Police to hire and Henry J. Hyde United States Global in very short order behind closed doors, and train additional personnel to pro- Leadership Against HIV/AIDS, Tuberculosis, not to mention the fact that none of vide security for the now open Capitol and Malaria Reauthorization Act of 2008 (25 U.S.C. 443c), for use by the Attorney General, the nine appropriations bills were ever Visitor Center. The CVC which opened the Secretary of Health and Human Services, voted on in the Senate—I believe my December 5 is a huge success and a and the Secretary of the Interior in accord- amendment is a commonsense proposal much-needed addition to our Complex ance with that section, $400,000,000, to be de- that will ensure that we allocate tax providing security, educational oppor- rived by transfer of an equal percentage from dollars where they are needed the tunities, restaurant facilities and each other program and project for which most. many other amenities to the millions funds are made available by this Act. The needs are great in Indian Coun- of visitors who arrive on our doorsteps Mr. THUNE. Let me explain very try and I know many of my colleagues each year. The bill also provides fund- simply what this amendment does. on both sides of the aisle would agree. ing to fully implement the merger of Last summer, President Bush signed Nationwide 1 percent of the U.S. pop- the Library of Congress Police force into law a $50 billion foreign aid bill; ulation does not have safe and ade- with the Capitol Police. This long- HIV and AIDS was the purpose, the di- quate water for drinking and sanita- awaited merger is essential to main- rection of the bill. Included as part of tion needs. On our Nation’s reserva- taining streamlined security through- that PEPFAR bill was a $2 billion au- tions this number climbs to an average out the Capitol Complex. Quite simply, thorization that I and a bipartisan of 11 percent and in the worst parts of this bill will provide the resources group of Senators worked on, including Indian Country to 35 percent. needed to the Capitol Police to effec- that redirected money to critical pub- This lack of reliable safe water leads tively perform their required missions lic safety, health care, and water needs to high incidences of disease and infec- without putting more on their plate in Indian Country. All of the Senators tion. The Indian Health Service has es- than they can do. who worked on the amendment’s inclu- timated that for each $1 it spends on This bill fully funds the Library of sion in the final package, including safe drinking water and sewage sys- Congress, including the Library’s re- now Vice President BIDEN and Sec- tems it gets a twentyfold return in quest for the Books for the Blind and retary of State Clinton, recognized health benefits.

VerDate Nov 24 2008 02:25 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.057 S03MRPT1 wwoods2 on PRODPC68 with SENATE March 3, 2009 CONGRESSIONAL RECORD — SENATE S2677 The Indian Health Service estimates Without objection, it is so ordered. Commerce to withdraw the final rule that in order to provide all Native The clerk will report. relating to the interagency cooperation Americans with safe drinking water The legislative clerk read as follows: under the Endangered Species Act and and sewage systems in their home they The Senator from Alaska [Ms. MUR- the final rule relating to endangered would need over $2.3 billion. KOWSKI], for herself, Mr. BEGICH, and Mr. and threatened wildlife plants, the spe- Nationally, Native Americans are INHOFE, proposes an amendment numbered cial rule for the polar bear. three times as likely to die from diabe- 599. This section allows the Secretaries of tes compared to the rest of the popu- Mrs. MURRAY. Madam President, I either Commerce or Interior, or both, lation. ask unanimous consent that the read- to withdraw the two Endangered Spe- An individual that is served by In- ing of the amendment be dispensed cies Act rules promulgated under sec- dian Health Service is 50 percent more with. tion 7 of that act within 60 days of likely to commit suicide than the gen- The ACTING PRESIDENT pro tem- adoption of the omnibus bill and then eral population. pore. Without objection, it is so or- reissue the rule without having to go On the Oglala Sioux Reservation in dered. through any notice or any public com- my home State of South Dakota the The amendment is as follows: ment period, or be subject to any judi- average life expectancy for males is 56 (Purpose: To modify a provision relating to cial review as to whether their actions years old. In Iraq it is 58, Haiti it is 59, the repromuglation of final rules by the were responsible. and in Ghana it is 60, all higher than Secretary of the Interior and the Secretary Last year, after years of comment right here in America. of Commerce) and review, the Interior Department One out of every three Native Amer- On page 541, strikes lines 1 through 10 and elected to list the polar bear as threat- ican women will be raped in their life- insert the following: ened, solely because of the fear that time. (1) the Secretary of the Interior and the greenhouse gas emissions will raise According to a recent Department of Secretary of Commerce may withdraw or re- promulgate the rule described in subsection temperatures sufficiently in the future, the Interior report, tribal jails are so (c)(1) in accordance with each requirement causing the Arctic pack ice that the grossly insufficient when it comes to described in subchapter II of chapter 5, and bear relies on for habitat to melt, mak- cell space, that only half of the offend- chapter 7, of title 5, United States Code ing it more difficult for the bears to ers who should be incarcerated are (commonly known as the ‘‘Administrative feed. being put in jail. Procedure Act’’), except that the public com- During the scientific review that was That same report found that con- ment period shall be for a period of not less conducted before the listing decision, structing or rehabilitating only those than 60 days; and there was very little to no evidence detention centers that are most in need (2) the Secretary of the Interior may with- draw or repromulgate the rule described in that indicated that neither very care- will cost $8.4 billion. subsection (c)(2) in accordance with each re- fully limited subsistence hunting ac- The South Dakota attorney general quirement described in subchapter II of tivities by the Alaska Natives, nor on- released a study at the end of last year chapter 5, and chapter 7, of title 5, United shore or offshore oil and gas explo- on tribal criminal justice statistics and States Code (commonly known as the ‘‘Ad- ration or production activities in any found: homicide rates on South Dakota ministrative Procedure Act’’), except that way would disturb the bears or place reservations are almost 10 times higher the public comment period shall be for a pe- stress on their population. than those found in the rest of South riod of not less than 60 days. So it was for that reason, based on all Dakota and forcible rapes on South Da- Ms. MURKOWSKI. The amendment I the science and the research, for that kota reservations are seven times high- bring forward this evening would mod- reason that the listing decision specifi- er than those found in the rest of South ify section 429 of the bill we have be- cally provided, and this was set forth Dakota. fore us. This amendment does not cost in section 4(d) of the act, it provided Clearly there are great needs in In- us any money. It will, in fact, elimi- that oil or gas development or subsist- dian County and my commonsense nate a major obstacle to job creation, ence hunting will not be impacted by amendment would be a good step for- including many of the construction any action plan the Department will ward in addressing some of these needs projects that were funded under the re- craft to remedy bear population issues because the emergency fund for Indian cently passed stimulus bill. in the future. Those provisions were safety and health can be used for: de- To be more specific, I am introducing added after extensive public comment tention and IHS facility construction, an amendment to modify section 429 to and based on a full scientific review. rehabilitation, and replacement; inves- require the Departments of Interior Now, without any scientific review, tigations and prosecutions of crimes in and Commerce to follow the process at the last minute, someone in the Indian Country; cross-deputization and provided by existing law to withdraw House of Representatives has decided other cooperative agreements between and alter two provisions that were es- to impose as fact their opinion that the State or local governments and Indian sential ingredients last year in the de- bears should be listed as threatened tribes; IHS contract health care; and cision by former Secretary of the Inte- without limitation. This provision water supply projects approved by Con- rior Dirk Kempthorne when he listed makes a mockery of what we know and gress. the polar bears of northern Alaska as accept and applaud with the scientific Passage of my original amendment threatened under the Endangered Spe- review process. to PEPFAR clearly shows a commit- cies Act. In all the science leading up to the ment by the Senate to addressing do- Section 429, as it now stands, would listing, there was no evidence that oil mestic priorities for Native Americans. allow those agencies to withdraw those or gas exploration and development I urge support for my amendment to regulations arbitrarily and then re- were having any effect on the bears fund this authorized emergency fund issue them immediately without public which are already carefully regulated for fiscal year 2009. comment. My amendment does not under the Marine Mammal Protection The ACTING PRESIDENT pro tem- overturn the listing of the polar bears Act. In fact, the populations of both pore. The Senator from Alaska. as threatened, even though up in Alas- the Beaufort and Chukchi Sea areas AMENDMENT NO. 599 ka most of us feel the listing was pre- have actually risen by around 500 bears Ms. MURKOWSKI. Madam President, mature and perhaps totally unneces- since 1972, and any anecdotal evidence I ask unanimous consent to set the sary, but it will require the Depart- of minor recent declines is purely anec- pending amendment aside for the pur- ment to follow existing public notice dotal. pose of calling up an amendment. and comment statutes, if they want to Now, yes, Fish and Wildlife research- Mrs. MURRAY. Madam President, I modify last year’s listing decision and ers have some evidence that bears may would ask the Senator from Alaska the related carbon emissions rule in have dietary issues that may impact which amendment she is sending. the future. juvenile survival rates if the ice melt Ms. MURKOWSKI. This is amend- We are asking that you follow the causes dislocation of the seal popu- ment No. 599. process that is in place. Section 429 of lations. But that problem has nothing The ACTING PRESIDENT pro tem- the omnibus provides a provision that to do directly with oil or gas or sub- pore. Is there objection? allows the Secretaries of Interior and sistence activities.

VerDate Nov 24 2008 02:25 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.031 S03MRPT1 wwoods2 on PRODPC68 with SENATE S2678 CONGRESSIONAL RECORD — SENATE March 3, 2009 Withdrawal of the 4(d) protections have to follow the APA. Nothing Earth about the Wicker amendment No. 607. I could prompt lawsuits to stop any ac- shattering, we are not plowing new am having trouble, from a philo- tion that would increase carbon dioxide ground. We are saying, follow the proc- sophical viewpoint, understanding why or any greenhouse gas emissions any- ess we set up. The provision in the the language is in this bill the way it where in the country, not just in the budget bill does much more than over- is. There is no confusion as to my stand State of Alaska but anywhere in the turn Bush administration rules, it vio- on pro-life issues, pro-choice versus country, if the project had not first lates the public process and scientific pro-life. I stand in the corner of pro- consulted with U.S. Fish and Wildlife review called for in the Endangered life. But I want to debate this issue as on potential impacts. Species Act, and by doing that it weak- if I were pro-choice, that I believe that What this means, the potential for ens and risks support for the act. the law as we have it today should be this is that every powerplant permit As it stands, under section 429, the enforced. If, in fact, we believe that if, anywhere that might increase carbon Secretaries can make dramatic and in fact, women have a right to choose, emissions could face a lawsuit. Damage far-reaching changes with their rules why in the world would we send money could extend past fossil fuel projects to and regulations and do so without hav- to UNFP that is going to take that include an incredible array, agricul- ing to comply with the longstanding right away from women in other coun- tural practices, any increase in live- Federal process requiring public notice tries? It is beyond me that these little stock numbers, new road construction, and comment by the American public six words in the bill, ‘‘notwithstanding literally any project or activity that and by knowledgeable scientists. We any other provision of law,’’ are in- might increase greenhouse gas emis- should not make a mockery of the for- tended to eliminate the ability of the sions. mal ESA review process and the APA, President to certify that our UNFP Suits that could be triggered by this the Administrative Procedures Act. We money is going to be used for coercive seemingly limited change could stop should support this amendment to abortions and coercive sterilizations. I many of the construction projects that strike the House waiver of those acts am having trouble understanding why this body has provided funding for in and require that those laws be en- those in this body who absolutely be- this stimulus bill to help get this Na- forced. lieve without a doubt that a woman tion’s economy moving again. I cannot stress how important this is has a definite right to choose on Now, the Center for Biological Diver- to the Nation, to the American energy whether to carry a pregnancy to term, sity has already stated it intends to production of the workings of the stim- have a definite right to choose the use the polar bear listing to regulate ulus bill, and eventually to the integ- number of children they are going to greenhouse gas emissions. But I am rity of the Endangered Species Act and have or have none, we would allow this afraid such overreaching could actually this Nation’s administrative process. bill to go through here this way that harm environmental protections. That Now, this afternoon President Obama will deny that ability to Chinese is because such an effort to overreach issued a new directive on the ESA. But women. could trigger such a backlash that it it is only pertaining to the optional harms support for the entire Endan- consultation portion of section 7. The If somebody in our body can explain gered Species Act. directive requests the Secretaries of that to me, I would love them to do so. The administration is planning to the Interior and Commerce to review You can’t be on both sides of this issue. ask Congress to pass cap-and-trade leg- the regulation issued on December 16, Either you believe in a woman’s right islation this year to regulate green- 2008, and determine whether to under- to choose or you do not or you only be- house gasses. Debate over that bill is take new rulemaking. Until such re- lieve in a woman’s right to choose in the proper place for this issue to be view is completed, the President re- America. And because the Chinese have tackled, not through a back-door quested the heads of all agencies to ex- too many people, you don’t think that amendment to this key appropriations ercise their discretion, under the new same human right ought to be given to bill that will not permit public process. regulation, to follow the prior long- women in China. I won’t go into the de- For my home State of Alaska, the standing consultation and concurrence tails. There is no question that UNFP amendment’s impacts are immediate process. will mix this money, and we will fund and they are far reaching. It is almost But this Presidential order did not forced abortions in China. That is what certain to result in lawsuits to stop oil address the issue of the polar bear 4(d) these six words do. They mean Amer- and gas development in northern Alas- rule and does not remove the House ican taxpayer dollars are going to go to ka, both onshore and off. Such suits omnibus rider. It does not maintain the China to enforce coercive abortion certainly could stop the exploration Administrative Procedures Act re- against the will of women and force needed to produce new natural gas quirement, and it does not negate the sterilization against the will of women finds. We know this is vital to the via- need for my amendment. in China. China is not in bad shape. bility of an Alaska natural gas line to I yield the floor. They don’t need our money in the first bring our clean-burning natural gas to Mrs. MURRAY. I ask unanimous con- place. But then we are going to send the lower 48. sent that the Senate proceed to a pe- that money over there to enable and This project has been supported by riod of morning business with the time allow that policy to progress. I find it the administration and most every equally divided in the usual form. disconcerting that anybody who is pro- Member of this body. We recognize that Mr. COBURN. I would ask if the Sen- choice could not vote for the Wicker such sites could endanger Native sub- ator would modify her amendment to amendment. Because what it says is, sistence activities, not just for the allow for me to speak on the Wicker you are double minded. The standard bears and marine mammals that the amendment. Could we do that? applying in this country is one thing, Mrs. MURRAY. Madam President, I bears prey upon but for any species, but human beings throughout the rest modify my request and ask unanimous such as the western and central Arctic of the world, that same standard consent that Senator COBURN be al- caribou herds. These are vital food doesn’t apply. I think it is unfortunate lowed to speak for 5 minutes on the sources for our Alaska Natives. that this was put in here. We will rue So what my amendment does is it re- amendment, and following his remarks, the day it was. quires that if either the carbon emis- the Senate move to a period of morning sions consultation rule or the polar business, with the time equally divided In fact, we lessen our own human bear 4(d) rule is to be withdrawn or re- in the usual manner with a 10-minute rights campaigns for equal treatment issued, such action is subject to the re- limitation. and the protection of human rights quirements of the Administrative Pro- The ACTING PRESIDENT pro tem- around the world as we do that. cedures Act, with at least a 60-day pore. Without objection, it is so or- I yield the floor. comment period. dered. What this does, it essentially gets us The Senator from Oklahoma. The ACTING PRESIDENT pro tem- pore. The Senator from Oklahoma. back to the status quo, where the Sec- AMENDMENT NO. 607 retaries can now withdraw or re- Mr. COBURN. Madam President, I Mr. INHOFE. Madam President, I re- promulgate these regulations, but they wanted to spend a minute talking quest the regular order.

VerDate Nov 24 2008 02:25 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.061 S03MRPT1 wwoods2 on PRODPC68 with SENATE March 3, 2009 CONGRESSIONAL RECORD — SENATE S2679 MORNING BUSINESS wanted to shorten tonight to restrict it tus and are not affecting polar bear The ACTING PRESIDENT pro tem- to three amendments. population. I might add that we have pore. The Senate is in a period of morn- I ask unanimous consent that my made quite a study of the 13 polar bear ing business, with Senators permitted time be extended to whatever time I populations in Canada. All but one are to speak for up to 10 minutes each. shall pursue. I will not be more than 15 increasing. The one that is not is the minutes from this point. western Hudson Bay. That is due to f The ACTING PRESIDENT pro tem- some regulations in hunting that have U.N. TAXATION pore. Without objection, it is so or- adversely affected them. That is being dered. corrected at this time. So if you stop Mr. INHOFE. Madam President, I was f and realize over the last 40 years, we misled into thinking that we would be have increased the population of polar CHANGES TO THE ESA RULES able to introduce some amendments to- bears in the world by fivefold, then night and then was told, when I got Mr. INHOFE. Madam President, I was there isn’t a problem. However, let’s down, that they are confining those listening with some interest to the assume that there is a problem, and we amendments to only three. Let me Senator from Alaska and what she is want to be sure that we are able not to mention that I have an amendment I trying to do. I think, once again, we have the intended consequences. feel very strongly about that I want to are faced with a backhanded attempt If enacted, implementation of section take up first thing in the morning. I to regulate greenhouse gases without 429 would mean that any increase in will explain what it is. It is amendment the transparency of public debate. Sec- carbon dioxide or greenhouse gas emis- No. 613. tion 429 of the omnibus currently in- sions anywhere in the country could be I can remember back in 1996, the cludes yet another congressional hand- subject to legal challenges due to as- United Nations Secretary General an- out to some of the extremist groups sertions that those activities are harm- nounced that the U.N. was interested and to the trial bar. This rider is clear- ing a polar bear or that there has not in pursuing a global tax scheme. In re- ly an attempt to legislate on a spend- been sufficient consultation with the sponse, Congress passed—and President ing bill, the sort of bad habit that U.S. Fish and Wildlife Service regard- Clinton signed into law—a policy rider Democrats in Congress and the White ing activities that are funded, carried on the Foreign Operations and State House promised to give up during the out, and authorized by the Federal Department appropriations bills that last election. Government. would prevent the United Nations from As ranking member of the Environ- In other words, you could have some- using any U.S. funds to pursue a global ment and Public Works Committee, I one who is cooking on his Hasty Bake tax scheme. The idea was that if we strongly support the bipartisan amend- in his backyard in Tulsa, OK and have had a United Nations that wanted to ment offered by Senators MURKOWSKI a lawsuit filed saying: You are emit- have a global tax—they have been at- and BEGICH to revise the omnibus sec- ting greenhouse gases; therefore, you tempting to do this for many years be- tion 429. This subject is particularly are affecting the polar bear. Any per- cause they don’t want to be held ac- important to me since the EPW Com- mit for a powerplant, refinery, or road countable to anyone—then every time mittee holds jurisdiction over all project that increases the volume of something comes up that is against the issues impacted by the offending provi- traffic anywhere in the United States interests of the United States, we nor- sion, including endangered species, the could be subject to litigation, if it con- mally will pass a resolution saying regulation of greenhouse gases, and the tributes to local carbon emissions. that we are going to withhold a per- transportation infrastructure which we Lawsuits and ESA-prompted delays centage of our dues to the United Na- are going to be pursuing in the next could extend to past fossil fuel-linked tions until they change this policy. In few weeks. projects, if those projects could in- 1996 and every year since, 13 years, we Without the amendment, section 429 crease greenhouse gas emissions or re- have had, as a part of that, language allows the agencies to make dramatic duce natural carbon dioxide intake. that says that the U.N. could not use changes to the Endangered Species Act If this provision is allowed to stand, any of the funds of the United States rules and regulations without having it will likely endanger the delivery of to pursue a global tax scheme of any to comply with longstanding Federal the majority of the construction type. The provision has appeared in laws that require public notice and projects funded by the recent stimulus every annual appropriations since 1996. public comment by the American peo- bill since these projects have not gone This year marks the first time an an- ple and knowledgeable scientists. through a section 7 consultation re- nual appropriations bill will not con- These changes have the potential for garding their impact to the polar bear. tain this policy provision preventing far-reaching and unintended con- In other words, we passed the stimulus U.S. tax dollars from funding U.N. sequences in our economy. which I opposed. I had an amendment global tax schemes. Specifically, this activist-friendly that would have actually provided a lot According to page 64 of division H of rider would allow the Secretary of In- of jobs. That amendment they would the joint explanatory statement, this terior and the Secretary of Commerce not let me bring up. I believed that policy provision has been intentionally to undo a regulation making common- since it was an Inhofe-Boxer amend- left out of the fiscal year 2009 Omnibus sense adjustments to the ESA as well ment, it would have passed. But it Appropriations bill. Preventing U.S. as withdraw a special rule and listing didn’t. taxpayers funding U.N. global taxes in for the polar bear. By ignoring the pro- So now we have a few jobs out there, annual appropriations bills has been a tections of the Administrative Proce- a few things that are going to con- bipartisan U.S. policy for over a dec- dures Act, the rules in question could tribute to the employment problem of ade. It is very difficult for me to under- be withdrawn within 60 days of adop- this country. If this provision is in stand, because I haven’t seen any ex- tion of the omnibus bill and then re- there without the correction found in planation as to who is opposed to this. issued in whatever form the agencies the bipartisan amendment by the two It was put in by Democrats and Repub- preferred, without having to go Senators from Alaska, then it is going licans on a bipartisan basis. Now we through any notice or public comment to say the very thing we are trying to find that it was left out. The amend- period and without being subject to stimulate—in terms of jobs, construc- ment very simply puts back the lan- any judicial review as to whether their tion, roads, bridges, and highways— guage that we have had historically in actions were responsible or justified. cannot be done because of the section 7 the law for the past 13 years. This is exactly what the two Sen- consultation regarding the impacts on Let me serve notice that I will make ators from Alaska are attempting to the polar bear. Ironically, President every effort to be first in line tomor- correct. Existing ESA rules clearly lay Obama today announced the release of row morning to try to get this amend- out the U.S. Fish and Wildlife Service $28 billion from the American Recovery ment in. I would invite any opposition position that oil and gas development and Reinvestment Act to States and that is out there, because I don’t know in the Arctic and Alaska Native sub- local transportation authorities to re- of any opposition to it. Being fair, I sistence activities are not the reason pair and build highways, roads, and think it is probably the fact that they for the polar bear’s recent listing sta- bridges. This investment will lead to

VerDate Nov 24 2008 02:25 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.062 S03MRPT1 wwoods2 on PRODPC68 with SENATE S2680 CONGRESSIONAL RECORD — SENATE March 3, 2009 150,000 jobs saved or created by the end The legislative clerk proceeded to to the FCC, but this new authority of 2010. State highway departments call the roll. gives all the power to a Government have already identified more than 100 Mr. INHOFE. Madam President, I ask agency and none to the people of the transportation projects throughout the unanimous consent that the order for broadcast industry. country, totaling more than $750 mil- the quorum call be rescinded. One thing I know: When you take lion, where construction can start The PRESIDING OFFICER (Mrs. choice out of the market, and when within the month. In other words, we GILLIBRAND). Without objection, it is so you impose the Government’s will on have already undergone all of the envi- ordered. an industry, that market and that in- ronmental requirements. We have the f dustry will suffer, and that is exactly environmental impact statements. We what Senator DURBIN’s legislation at- ORDER OF PROCEDURE are ready right now. In my State of tempts to accomplish. What was once Oklahoma, we have $1.1 billion worth Mr. INHOFE. Madam President, it is the fairness doctrine has now become of work that could be started tomor- my understanding we are in a period of the Durbin doctrine. row. morning business. I ask unanimous What, I ask, does ‘‘encourage and Now, President Obama stated that consent to be recognized for what time promote diversity in communication the projects funded under the ARRA I shall consume. media ownership’’ really mean? I cer- are deemed so important to America’s The PRESIDING OFFICER. Without tainly cannot tell you what it means, economic recovery that they will bear objection, it is so ordered. and that is what concerns me because a newly designed emblem. The emblem f it is up to someone else’s interpreta- is a symbol of President Obama’s com- FAIRNESS DOCTRINE AND tion. The legislation offers no words of mitment to the American people to in- LOCALISM clarification or specificity. If I were an vest their tax dollars wisely and to put FCC commissioner, I would not know Americans back to work. Rest assured Mr. INHOFE. Madam President, last what to do with this language, and in that section 429 of the omnibus bill will week I joined 86 of my colleagues to any other line of work, I would send it not bear this emblem. pass Senate amendment No. 573, offered directly back with a little note at- I applaud the President for high- by Senator DEMINT to the DC Voting tached asking to please be more spe- lighting infrastructure spending as a Rights Act, which prohibited the Fed- cific. But Federal agencies love this main driver of immediate job growth in eral Communications Commission from kind of language because it gives them the stimulus plan, but I am concerned reinstating the fairness doctrine. greater leeway to interpret it however by the conflicting priorities created by This has become an issue over the they like—which could be interpreted section 429. You cannot support large years where you can recall the action differently by different governmental infrastructure spending as an economic that took place back in the middle agencies—and impose their will upon stimulus while simultaneously endan- 1980s—I think 1986—that recognized the the industry they regulate. gering its translation into job growth fact that we have so many opportuni- My Democratic colleagues who pro- with more redtape. ties for people to get at information moted this amendment like this type The Murkowski-Begich amendment that it is no longer necessary to have of language because it, first, means correctly requires that if these ESA what they call the fairness doctrine. that they do not have to spend the rules are withdrawn or revised, the ac- Last week’s vote was the first nail in time drafting quality legislation aimed tion is subject to the requirements of the coffin of the fairness doctrine, but at solving a specific problem, and, two, the Administrative Procedures Act, it was not the end of the attempt on it means they can disavow their true with at least a 60-day comment period. the part of some people to regulate the intention of having greater Govern- This is a good government amendment. airwaves. I have long been outspoken ment regulation of the airwaves. Now, The fact that this amendment is even on this issue. It gives me great satis- at the same time, they can say: Well, I needed to restore the public participa- faction that so many of my colleagues voted for the DeMint amendment. So tion protections is exactly the sort of voted in favor of free speech over Gov- that offered cover for these individuals. nonsense that makes the American ernment regulation last week. But the This legislation is so incredibly taxpayer so suspicious of Congress. debate has changed. In a straight vague and so potentially far reaching From the public’s perspective, the ef- party-line vote, Democrats chose to that I cannot say with any certainty fect of this amendment would be to adopt Senator DURBIN’s amendment what the end result will be. This is not bring us back to the longstanding proc- No. 591, which calls on the FCC to ‘‘en- good governance, and it is not good leg- ess where the agencies may withdraw courage and promote diversity in com- islative practice to cede such authority and revise regulations by following the munication media ownership and to en- to any agency of our Government, es- law established to do so. sure that broadcast station licenses are pecially when the right to speak freely We have heard from the Democratic used in the public interest.’’ over the airwaves will most certainly managers of this bill that nothing new Essentially, it makes an end run be impacted. was added to this bill since last year. around the fairness doctrine. Those on Another threat to our freedom of We have been told there is no con- the other side of the aisle believed this speech is a stealth proposal called ‘‘lo- troversial legislative language in this would allow them to proclaim their op- calism,’’ which could force local radio bill. position to a reinstatement of the fair- stations to regulate the content they We have been misinformed. This ness doctrine, which has always been a broadcast. It is important to note that rider was not a part of the negotiations losing issue for them, while at the ‘‘localism’’ as FCC policy already ex- or the appropriations bills last year, same time replacing it with an equally ists, but new policies that have been and I assure you, it is very controver- heinous piece of legislation that gives proposed reach far beyond ensuring sial. I urge the leadership to allow the the FCC unfettered authority to inter- that broadcasters serve their local Senate to vote on the Murkowski- pret that language however they communities. Begich amendment, and I ask for my please. The FCC gave notice of proposed colleagues’ support for ensuring regu- So we have potentially taken away rulemaking. This was back on January latory transparency. the threat of the fairness doctrine, 24, I believe it was, of 2008. While the I believe this is very important be- which requires broadcasters to regulations were ultimately dropped, cause, without this, there is so much ‘‘present controversial issues of public they are indicative of future attempts uncertainty as to what the application importance in an equitable and bal- to regulate the airwaves through local- would be in terms of the Endangered anced manner,’’ and replaced it with ism and something about which all Species Act. So I encourage the adop- ‘‘encouraging and promoting diversity Americans need to know. tion of that amendment. in communication media ownership.’’ Among other things, the proposal I yield the floor. At least with the fairness doctrine, would have required radio stations to, I suggest the absence of a quorum. broadcasters had an initial choice of one, adhere to programming advice The ACTING PRESIDENT pro tem- how to interpret ‘‘controversial issues from community advisory boards; two, pore. The clerk will call the roll. of public importance’’ before answering report every 3 months on the content

VerDate Nov 24 2008 02:25 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.063 S03MRPT1 wwoods2 on PRODPC68 with SENATE March 3, 2009 CONGRESSIONAL RECORD — SENATE S2681 of their programming, the producers of capable of competing in the broadcast pend on people buying advertisement their programming, and how their pro- radio market. for them to exist. So this is what this gramming reflects community inter- President Obama has expressed sup- is all about. I believe there are two at- ests; and, three, meet burdensome li- port for new localism regulations, and tacks out there. I applaud Senator cense renewal requirements. it is expected to come up again under DEMINT for the language he was able to The localism rule, had it been pro- his administration. All those who value get in, and I applaud all the Repub- mulgated, would have meant that radio their right to listen to the things that licans and most of the Democrats for stations would have to comply with are important to them, and important voting for it. But to turn around and blanket regulations and broadcast pro- to their community, must be aware of pass something that undoes what he gramming that may not be commer- the great potential for infringement on did with that amendment I think is cially viable, rather than taking into free speech that localism will bring. something that needs to be looked at. account the diverse needs of commu- What is perhaps most concerning to So I am concerned. I am concerned nities across the country. me is the enforcement procedure for that so many of these stations out One of my constituents, Dan Lawrie, breaches of localism and diversity pro- there that are right on the border of who is vice president and manager of motion. We simply do not know which surviving in this very difficult econ- Cox Radio Tulsa, and president of the pathway the FCC will choose when it omy we have are now looking at an- Oklahoma Association of Broadcasters, comes time to enforce these nebulous other threat, another bunch of regula- stated that: regulations. License revocation is a tions that are there, as well as the fear regulations requiring additional and un- real threat to the willingness of the of the unknown, the nebulous language necessary documentation of programming in broadcasters to appeal to their market that says what a localism is, what order to show proof of broadcasting that we rather than to conform to FCC regula- power does the local community have. already provide to our local communities is tions. Senator DURBIN’s amendment re- So that is a difficult thing. entirely unnecessary. To burden our Tulsa I will only say to those individuals radio group with this type of ascertainment quires affirmative action on the part of documentation would cause us to lay off sev- the FCC, stating: ‘‘The Commission who think the problem of the fairness eral staff members to offset the expense of shall take actions to encourage and doctrine being reinvoked is not over: It completing the increased paperwork. promote diversity.’’ It doesn’t stipulate is there, and our first amendment As you can see, this is a real threat what actions or to what degree but in- rights are threatened at this time. to broadcast media as a whole. stead leaves the enforcement mecha- I would anxiously pursue any effort Let’s look at this from a market nism up to the determination of the we can that is going to preclude the standpoint. I have often said: People FCC. I find this to be extremely dan- fairness doctrine, and I think the first who think maybe the content is too gerous. thing we should do would be to rename progressive or not progressive enough Any enforcement of Government reg- the fairness doctrine because it is cer- or too conservative—I have heard some ulation of the airwaves could have a se- tainly not fair and not fair to the peo- pretty heated accusations made at var- rious detrimental effect, not only on ple in the broadcast industry. ious popular talk radio hosts—forget talk radio but also on the willingness f about the fact that this is market ori- of Christian broadcasters to air polit- SECRETARY OF STATE VISIT TO ented. The market is determining how ical and perhaps even religious mes- THE MIDDLE EAST this should be. I can remember it was sages. It is well known that the only Mr. LIEBERMAN. Madam President, not too long ago—last year—I believe radio station ever taken off the air- Secretary of State Hillary Clinton is in Senator HARKIN wanted to regulate the waves was a Christian radio station, the Middle East this week on her first type of content that was going over the WGCB in Red Lion, PA. In that par- trip to the region as America’s top dip- airwaves to our troops who were listen- ticular instance, the supposed offense lomat. The Secretary traveled to Egypt ing overseas, and we were able to stop was a personal attack against the au- earlier in the week to attend the inter- that because they overwhelmingly thor of a political publication. The national summit in Sharm El Sheikh, wanted, in their eyes, conservative ACLU and other liberal organizations and she is now visiting Israel and the content to be broadcast. We won that could attempt to file lawsuits against Palestinian Authority. one. But the effort is still out there. anyone who presents a message that I rise to praise Secretary Clinton for Look at it from a market standpoint. they deem to be counter to Federal lo- the strong and principled diplomacy Stations strive to endear themselves to calism and diversity regulation, and she has undertaken on America’s be- the local community to be successful. though I believe these lawsuits would half on this trip, that is as reflected in It makes programming sense to cover ultimately fail on first amendment her comments, both prior to her depar- local news and events because it in- grounds, the chilling effect that the ture from Washington and since arriv- creases the ratings. Why should Wash- mere threat of a lawsuit will have on ing in the region. ington regulate what local stations are religious broadcasters could be sub- Secretary Clinton is no stranger to already doing? They are doing this now stantial. the Middle East, having spent signifi- because people who listen to the radio Free speech is fundamental to what cant time there as First Lady and then may want to hear some talk show host, it means to be an American, and we as our colleague in the Senate. As a re- but you find right through inter- must protect it. Reimposing any form sult, she brings a depth of familiarity mingled within these comments, every of a fairness doctrine threatens first with the Middle East’s complexities 15 minutes or so, or every 10 minutes, amendment rights. Some on the left of and challenges, an appreciation for our they stop and tell what the local the political spectrum are frustrated friends and allies in the region, and a weather is, they tell of different activi- that more talk show hosts have con- clear-eyed understanding of the inter- ties, what is happening in the local servative political leanings than lib- ests and values that must guide Amer- community. They are doing this al- eral political leanings. In response, I ican foreign policy there. ready. That is just good business sense, say the content is market driven. When In particular, I believe Secretary and that is why in the highly competi- the market is on the other side, they Clinton deserves praise for her strong tive environment we find our local will do that. The market has worked statements on this visit strengthening radio stations, they have to do these well throughout the history of this the forces of moderation in the Middle things. They are already doing it. country, and people listen to it. East and challenging the forces of ex- The reason is this: These community I think we are also forgetting about tremism. Having recently returned advisory boards, or local content the fact that the broadcasting industry from the region myself, I am con- boards, coupled with the threat of li- is very competitive. We have compa- vinced, with a clarity greater than ever cense renewal requirements, are just nies that own broadcast media. They before, that the true dividing line in one more way liberals can affect what are not making a lot of money. It is the Middle East today is not between is broadcast over the airwaves. They competitive. A lot of them go broke Arabs and Israelis or between Sunni have created a regulatory avenue by every year. What they are trying to do Muslims and Shia Muslims. The true which to accomplish their goal of si- is come up with something they know dividing line in the Middle East today lencing talk radio because they are in- people want and is sellable. They de- is between moderates and extremists.

VerDate Nov 24 2008 02:25 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.066 S03MRPT1 wwoods2 on PRODPC68 with SENATE S2682 CONGRESSIONAL RECORD — SENATE March 3, 2009 In every case, it is important to note, going nuclear on their watch. We in member is present the ranking minority the extremist camp is sponsored and Congress have a responsibility in turn member present, shall preside. supported, often trained and equipped, to work together with the administra- 2.4. Except as otherwise provided in these Rules, decisions of the Committee shall be by the Government of the Islamic Re- tion to achieve this result, which is so by a majority vote of the members present public of Iran in Tehran. critical to our national security and to and voting. A quorum for the transaction of Secretary Clinton deserves praise for the world’s security in the years ahead. Committee business, including the conduct her promise to vigorously promote Again, I thank Secretary Clinton for of executive sessions, shall consist of no less peace between Israelis and Palestin- her leadership, for her words, for her than one third of the Committee members, ians, as well as her recognition that outreach, for her representation of except that for the purpose of hearing wit- success in this crucial effort is insepa- America’s best interests on this, her nesses, taking sworn testimony, and receiv- rably linked with strengthening the first trip to the Middle East. ing evidence under oath, a quorum may con- sist of one Senator. moderate forces among the Palestin- f 2.5. A vote by any member of the Com- ians, in particular, the Secretary was mittee with respect to any measure or mat- absolutely correct to make clear that SELECT COMMITTEE ON INTEL- LIGENCE RULES OF PROCEDURE ter being considered by the Committee may aid to the Palestinians should be di- be cast by proxy if the proxy authorization rected toward bolstering the leaders of Mrs. FEINSTEIN. Madam President, (1) is in writing; (2) designates the member of the Palestinian Authority, President paragraph 2 of Senate rule XXVI re- the Committee who is to exercise the proxy; Abbas and Prime Minister Fayyad, quires that not later than March 1 of and (3) is limited to a specific measure or rather than directly or indirectly re- the first year of each Congess, the rules matter and any amendments pertaining of each committee shall be published in thereto. Proxies shall not be considered for warding or supporting the extremist the establishment of a quorum. terrorist leaders of Hamas. the RECORD. 2.6. Whenever the Committee by roll call I am also pleased Secretary Clinton In compliance with this provision, I vote reports any measure or matter, the re- has made clear that any reconciliation ask that the rules of the Select Com- port of the Committee upon such measure or between Hamas and Fatah must be mittee on Intelligence be printed in the matter shall include a tabulation of the contingent on Hamas accepting the RECORD. votes cast in favor of and the votes cast in conditions of the so-called Quartet; There being no objection, the mate- opposition to such measure or matter by namely, that Hamas must renounce vi- rial was ordered to be printed in the each member of the Committee. olence, recognize Israel’s right to exist, RECORD, as follows: RULE 3. SUBCOMMITTEES and honor the agreements made by pre- RULES OF PROCEDURE OF THE SELECT Creation of subcommittees shall be by ma- vious Palestinian Governments. There COMMITTEE ON INTELLIGENCE jority vote of the Committee. Subcommit- tees shall deal with such legislation and should be no compromise or confusion RULE 1. CONVENING OF MEETINGS oversight of programs and policies as the on this point by anyone. If the leaders 1.1. The regular meeting day of the Select Committee may direct. The subcommittees of Hamas refuse to accept these condi- Committee on Intelligence for the trans- shall be governed by the Rules of the Com- tions, they are dooming themselves to action of Committee business shall be every mittee and by such other rules they may further isolation from the inter- other Tuesday of each month, unless other- adopt which are consistent with the Rules of national community, and they are wise directed by the Chairman. the Committee. Each subcommittee created 1.2. The Chairman shall have authority, shall have a chairman and a vice chairman standing in the way of the aid that the upon notice, to call such additional meetings world wants to provide the Palestinian who are selected by the Chairman and Vice of the Committee as the Chairman may Chairman, respectively. people who live in Gaza. deem necessary and may delegate such au- RULE 4. REPORTING OF MEASURES OR Secretary Clinton, I believe, also de- thority to any other member of the Com- RECOMMENDATIONS serves commendation for her realistic mittee. 4.1. No measures or recommendations shall 1.3. A special meeting of the Committee and hardheaded comments about the be reported, favorably or unfavorably, from may be called at any time upon the written danger posed by the Government of the the Committee unless a majority of the request of five or more members of the Com- Islamic Republic of Iran. Our friends in Committee is actually present and a major- mittee filed with the Clerk of the Com- the Middle East want to know that the ity concur. mittee. 4.2. In any case in which the Committee is U.S. Government understands this 1.4. In the case of any meeting of the Com- unable to reach a unanimous decision, sepa- threat, that we are committed to tak- mittee, other than a regularly scheduled rate views or reports may be presented by ing the tough actions necessary to ad- meeting, the Clerk of the Committee shall any member or members of the Committee. dress it, and that whatever strategy we notify every member of the Committee of 4.3. A member of the Committee who gives adopt, we will do so in real and close the time and place of the meeting and shall notice of intention to file supplemental, mi- partnership with them. give reasonable notice which, except in ex- nority, or additional views at the time of What our friends and allies in the traordinary circumstances, shall be at least final Committee approval of a measure or Middle East are asking of us is reason- 24 hours in advance of any meeting held in matter, shall be entitled to not less than Washington, D.C. and at least 48 hours in the three working days in which to file such able and very much in America’s na- case of any meeting held outside Wash- tional security interest. views, in writing with the Clerk of the Com- ington, D.C. mittee. Such views shall then be included in I will say that based on my recent 1.5. If five members of the Committee have visits to Saudi Arabia, Egypt, Israel, the Committee report and printed in the made a request in writing to the Chairman same volume, as a part thereof, and their in- and the Palestinian Authority, I can to call a meeting of the Committee, and the clusion shall be noted on the cover of the re- attest that there is great anxiety in Chairman fails to call such a meeting within port. the region about Iran and its inten- seven calendar days thereafter, including the 4.4. Routine, non-legislative actions re- tions, its aggressiveness, its extre- day on which the written notice is sub- quired of the Committee may be taken in ac- mitted, these members may call a meeting cordance with procedures that have been ap- mism, its expansionism. But there is by filing a written notice with the Clerk of also some uncertainty about the direc- proved by the Committee pursuant to these the Committee who shall promptly notify Committee Rules. tion of American policy toward the each member of the Committee in writing of RULE 5. NOMINATIONS Government in Tehran. the date and time of the meeting. 5.1. Unless otherwise ordered by the Com- The hard truth is that Iranians are RULE 2. MEETING PROCEDURES determined to acquire nuclear weap- mittee, nominations referred to the Com- 2.1. Meetings of the Committee shall be mittee shall be held for at least 14 days be- ons. Everything we know about what open to the public except as provided in fore being voted on by the Committee. they are up to tells us that and, there- paragraph 5(b) of Rule XXVI of the Standing 5.2. Each member of the Committee shall fore, we must be even more determined Rules of the Senate. be promptly furnished a copy of all nomina- than they if we are to stop them from 2.2. It shall be the duty of the Staff Direc- tions referred to the Committee. obtaining nuclear weapons. tor to keep or cause to be kept a record of all 5.3. Nominees who are invited to appear be- Our friends and allies in the Middle Committee proceedings. fore the Committee shall be heard in public East are looking to the United States 2.3. The Chairman of the Committee, or if session, except as provided in Rule 2.1. the Chairman is not present the Vice Chair- 5.4. No confirmation hearing shall be held now for leadership and strength. Presi- man, shall preside over all meetings of the sooner than seven days after receipt of the dent Obama and Secretary Clinton Committee. In the absence of the Chairman background and financial disclosure state- have been very clear that they are and the Vice Chairman at any meeting, the ment unless the time limit is waived by a committed to preventing Iran from ranking majority member, or if no majority majority vote of the Committee.

VerDate Nov 24 2008 02:25 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.035 S03MRPT1 wwoods2 on PRODPC68 with SENATE March 3, 2009 CONGRESSIONAL RECORD — SENATE S2683 5.5. The Committee vote on the confirma- and insofar as practicable and consistent tainers located within the Committee’s Sen- tion shall not be sooner than 48 hours after with the notice given, shall do so at least 48 sitive Compartmented Information Facility the Committee has received transcripts of hours in advance of his or her appearance be- (SCIF). Copying, duplicating, or removing the confirmation hearing unless the time fore the Committee. from the Committee offices of such docu- limit is waived by unanimous consent of the 8.6. OBJECTIONS AND RULINGS.—Any objec- ments and other materials is prohibited ex- Committee. tion raised by a witness or counsel shall be cept as is necessary for the conduct of Com- 5.6. No nomination shall be reported to the ruled upon by the Chairman or other pre- mittee business, and in conformity with Rule Senate unless the nominee has filed a back- siding member, and such ruling shall be the 10.3 hereof. All classified documents or mate- ground and financial disclosure statement ruling of the Committee unless a majority of rials removed from the Committee offices for with the Committee. the Committee present overrules the ruling such authorized purposes must be returned RULE 6. INVESTIGATIONS of the chair. to the Committee’s SCIF for overnight stor- 8.7. INSPECTION AND CORRECTION.—All wit- No investigation shall be initiated by the age. nesses testifying before the Committee shall Committee unless at least five members of 9.3. ‘‘Committee sensitive’’ means informa- be given a reasonable opportunity to inspect, the Committee have specifically requested tion or material that pertains to the con- in the office of the Committee, the tran- the Chairman or the Vice Chairman to au- fidential business or proceedings of the Se- script of their testimony to determine thorize such an investigation. Authorized in- lect Committee on Intelligence, within the whether such testimony was correctly tran- vestigations may be conducted by members meaning of paragraph 5 of Rule XXIX of the scribed. The witness may be accompanied by of the Committee and/or designated Com- Standing Rules of the Senate, and is: (1) in counsel. Any corrections the witness desires mittee staff members. the possession or under the control of the to make in the transcript shall be submitted Committee; (2) discussed or presented in an RULE 7. SUBPOENAS in writing to the Committee within five days executive session of the Committee; (3) the Subpoenas authorized by the Committee from the date when the transcript was made work product of a Committee member or for the attendance of witnesses or the pro- available to the witness. Corrections shall be staff member; (4) properly identified or duction of memoranda, documents, records, limited to grammar and minor editing, and marked by a Committee member or staff or any other material may be issued by the may not be made to change the substance of member who authored the document; or (5) Chairman, the Vice Chairman, or any mem- the testimony. Any questions arising with designated as such by the Chairman and Vice ber of the Committee designated by the respect to such corrections shall be decided Chairman (or by the Staff Director and Mi- Chairman, and may be served by any person by the Chairman. Upon request, the Com- nority Staff Director acting on their behalf). designated by the Chairman, Vice Chairman mittee may provide to a witness those parts Committee sensitive documents and mate- or member issuing the subpoenas. Each sub- of testimony given by that witness in execu- rials that are classified shall be handled in poena shall have attached thereto a copy of tive session which are subsequently quoted the same manner as classified documents S. Res. 400 of the 94th Congress, and a copy or made part of a public record, at the ex- and material in Rule 9.2. Unclassified com- of these rules. pense of the witness. mittee sensitive documents and materials RULE 8. PROCEDURES RELATED TO THE TAKING 8.8. REQUESTS TO TESTIFY.—The Com- shall be stored in a manner to protect OF TESTIMONY mittee will consider requests to testify on against unauthorized disclosure. any matter or measure pending before the 8.1. NOTICE.—Witnesses required to appear 9.4. Each member of the Committee shall before the Committee shall be given reason- Committee. A person who believes that testi- at all times have access to all papers and able notice and all witnesses shall be fur- mony or other evidence presented at a public other material received from any source. nished a copy of these Rules. hearing, or any comment made by a Com- The Staff Director shall be responsible for mittee member or a member of the Com- 8.2. OATH OR AFFIRMATION.—At the direc- the maintenance, under appropriate security tion of the Chairman or Vice Chairman, tes- mittee staff, may tend to affect adversely procedures, of a document control and ac- timony of witnesses shall be given under that person’s reputation, may request to ap- countability registry which will number and oath or affirmation which may be adminis- pear personally before the Committee to tes- identify all classified papers and other clas- tered by any member of the Committee. tify or may file a sworn statement of facts sified materials in the possession of the relevant to the testimony, evidence, or com- 8.3. INTERROGATION.—Committee interroga- Committee, and such registry shall be avail- tion shall be conducted by members of the ment, or may submit to the Chairman pro- able to any member of the Committee. Committee and such Committee staff as are posed questions in writing for the cross-ex- 9.5. Whenever the Select Committee on In- authorized by the Chairman, Vice Chairman, amination of other witnesses. The Com- telligence makes classified material avail- or the presiding member. mittee shall take such action as it deems ap- able to any other committee of the Senate or propriate. 8.4. COUNSEL FOR THE WITNESS.—(a) Any to any member of the Senate not a member ONTEMPT PROCEDURES.—No rec- witness may be accompanied by counsel. A 8.9. C of the Committee, such material shall be ac- ommendation that a person be cited for con- witness who is unable to obtain counsel may companied by a verbal or written notice to tempt of Congress or that a subpoena be oth- inform the Committee of such fact. If the the recipients advising of their responsi- erwise enforced shall be forwarded to the witness informs the Committee of this fact bility to protect such materials pursuant to Senate unless and until the Committee has, at least 24 hours prior to his or her appear- section 8 of S. Res. 400 of the 94th Congress. upon notice to all its members, met and con- ance before the Committee, the Committee The Security Director of the Committee sidered the recommendation, afforded the shall then endeavor to obtain voluntary shall ensure that such notice is provided and person an opportunity to oppose such con- counsel for the witness. Failure to obtain shall maintain a written record identifying tempt or subpoena enforcement proceeding such counsel will not excuse the witness the particular information transmitted and either in writing or in person, and agreed by from appearing and testifying. the committee or members of the Senate re- (b) Counsel shall conduct themselves in an majority vote of the Committee to forward ceiving such information. ethical and professional manner. Failure to such recommendation to the Senate. 9.6. Access to classified information sup- 8.10. RELEASE OF NAME OF WITNESS.—Un- do so shall, upon a finding to that effect by plied to the Committee shall be limited to less authorized by the Chairman, the name a majority of the members present, subject those Committee staff members with appro- of any witness scheduled to be heard by the such counsel to disciplinary action which priate security clearance and a need-to- Committee shall not be released prior to, or may include warning, censure, removal, or a know, as determined by the Committee, and, after, appearing before the Committee. Upon recommendation of contempt proceedings. under the Committee’s direction, the Staff authorization by the Chairman to release the (c) There shall be no direct or cross-exam- Director and Minority Staff Director. name of a witness under this paragraph, the ination by counsel. However, counsel may 9.7. No member of the Committee or of the Vice Chairman shall be notified of such au- submit any question in writing to the Com- Committee staff shall disclose, in whole or in thorization as soon as practicable thereafter. mittee and request the Committee to pro- part or by way of summary, the contents of No name of any witness shall be released if pound such question to the counsel’s client any classified or committee sensitive papers, such release would disclose classified infor- or to any other witness. The counsel also materials, briefings, testimony, or other in- mation, unless authorized under Section 8 of may suggest the presentation of other evi- formation in the possession of the Com- S. Res. 400 of the 94th Congress or Rule 9.7. dence or the calling of other witnesses. The mittee to any other person, except as speci- Committee may use or dispose of such ques- RULE 9. PROCEDURES FOR HANDLING CLASSI- fied in this rule. Committee members and tions or suggestions as it deems appropriate. FIED OR COMMITTEE SENSITIVE MATERIAL staff do not need prior approval to disclose 8.5. STATEMENTS BY WITNESSES.—Witnesses 9.1. Committee staff offices shall operate classified or committee sensitive informa- may make brief and relevant statements at under strict precautions. At least one United tion to persons in the Executive branch, the the beginning and conclusion of their testi- States Capitol Police Officer shall be on duty members and staff of the House Permanent mony. Such statements shall not exceed a at all times at the entrance of the Com- Select Committee on Intelligence, and the reasonable period of time as determined by mittee to control entry. Before entering the members and staff of the Senate, provided the Chairman, or other presiding members. Committee office space all persons shall that the following conditions are met: (1) for Any witness required or desiring to make a identify themselves and provide identifica- classified information, the recipients of the prepared or written statement for the record tion as requested. information must possess appropriate secu- of the proceedings shall file a paper and elec- 9.2. Classified documents and material rity clearances (or have access to the infor- tronic copy with the Clerk of the Committee, shall be stored in authorized security con- mation by virtue of their office); (2) for all

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Further, any illegal use of controlled members and staff who provide the informa- ations, including security and control of substances by a member of the Committee tion must be engaged in the routine perform- classified documents and material, shall be staff, within the workplace or otherwise, ance of Committee legislative or oversight administered under the direct supervision shall result in reconsideration of the secu- duties. Otherwise, classified and committee and control of the Staff Director. All Com- rity clearance of any such staff member and sensitive information may only be disclosed mittee staff shall work exclusively on intel- may constitute grounds for termination of to persons outside the Committee (to include ligence oversight issues for the Committee. employment with the Committee. any congressional committee, Member of The Minority Staff Director and the Minor- 10.11. All personnel actions affecting the Congress, congressional staff, or specified ity Counsel shall be kept fully informed re- staff of the Committee shall be made free non-governmental persons who support intel- garding all matters and shall have access to from any discrimination based on race, ligence activities) with the prior approval of all material in the files of the Committee. color, religion, sex, national origin, age, the Chairman and Vice Chairman of the 10.4. The Committee staff shall assist the handicap, or disability. Committee, or the Staff Director and Minor- minority as fully as the majority in the ex- ity Staff Director acting on their behalf, pression of minority views, including assist- RULE 11. PREPARATION FOR COMMITTEE consistent with the requirements that classi- ance in the preparation and filing of addi- MEETINGS fied information may only be disclosed to tional, separate, and minority views, to the 11.1. Under direction of the Chairman and persons with appropriate security clearances end that all points of view may be fully con- the Vice Chairman designated Committee and a need-to-know such information for an sidered by the Committee and the Senate. staff members shall brief members of the official governmental purpose. Public disclo- 10.5. The members of the Committee staff Committee at a time sufficiently prior to sure of classified information in the posses- shall not discuss either the substance or pro- any Committee meeting to assist the Com- sion of the Committee may only be author- cedure of the work of the Committee with mittee members in preparation for such ized in accordance with Section 8 of S. Res. any person not a member of the Committee meeting and to determine any matter which 400 of the 94th Congress. or the Committee staff for any purpose or in the Committee member might wish consid- 9.8. Failure to abide by Rule 9.7 shall con- connection with any proceeding, judicial or ered during the meeting. Such briefing shall, stitute grounds for referral to the Select otherwise, either during their tenure as a at the request of a member, include a list of Committee on Ethics pursuant to Section 8 member of the Committee staff or at any all pertinent papers and other materials that of S. Res. 400 of the 94th Congress. Prior to time thereafter, except as directed by the have been obtained by the Committee that a referral to the Select Committee on Ethics Committee in accordance with Section 8 of bear on matters to be considered at the pursuant to Section 8 of S. Res. 400, the S. Res. 400 of the 94th Congress and the pro- meeting. Chairman and Vice Chairman shall notify visions of these rules, or in the event of the 11.2. The Staff Director and/or Minority the Majority Leader and Minority Leader. termination of the Committee, in such a Staff Director shall recommend to the Chair- 9.9. Before the Committee makes any deci- manner as may be determined by the Senate. man and the Vice Chairman the testimony, sion regarding the disposition of any testi- The Chairman may authorize the Staff Di- papers, and other materials to be presented mony, papers, or other materials presented rector and the Staff Director’s designee, and to the Committee at any meeting. The deter- to it, the Committee members shall have a the Vice Chairman may authorize the Minor- mination whether such testimony, papers, reasonable opportunity to examine all perti- ity Staff Director and the Minority Staff Di- and other materials shall be presented in nent testimony, papers, and other materials rector’s designee, to communicate with the open or executive session shall be made pur- that have been obtained by the members of media in a manner that does not divulge suant to the Rules of the Senate and Rules of the Committee or the Committee staff. classified or committee sensitive informa- 9.10. Attendance of persons outside the the Committee. tion. 11.3. The Staff Director shall ensure that Committee at closed meetings of the Com- 10.6. No member of the Committee staff mittee shall be kept at a minimum and shall covert action programs of the U.S. Govern- shall be employed by the Committee unless ment receive appropriate consideration by be limited to persons with appropriate secu- and until such a member of the Committee rity clearance and a need-to-know the infor- the Committee no less frequently than once staff agrees in writing, as a condition of em- a quarter. mation under consideration for the execu- ployment, to abide by the conditions of the tion of their official duties. The Security Di- nondisclosure agreement promulgated by the RULE 12. LEGISLATIVE CALENDAR rector of the Committee may require that Select Committee on Intelligence, pursuant 12.1. The Clerk of the Committee shall notes taken at such meetings by any person to Section 6 of S. Res. 400 of the 94th Con- maintain a printed calendar for the informa- in attendance shall be returned to the secure gress, and to abide by the Committee’s code tion of each Committee member showing the storage area in the Committee’s offices at of conduct. measures introduced and referred to the the conclusion of such meetings, and may be 10.7. As a precondition for employment on Committee and the status of such measures; made available to the department, agency, the Committee staff, each member of the nominations referred to the Committee and office, committee, or entity concerned only Committee staff must agree in writing to no- their status; and such other matters as the in accordance with the security procedures tify the Committee of any request for testi- Committee determines shall be included. The of the Committee. mony, either during service as a member of Calendar shall be revised from time to time RULE 10. STAFF the Committee staff or at any time there- to show pertinent changes. A copy of each 10.1. For purposes of these rules, Com- after with respect to information obtained such revision shall be furnished to each mittee staff includes employees of the Com- by virtue of employment as a member of the member of the Committee. mittee, consultants to the Committee, or Committee staff. Such information shall not 12.2. Measures referred to the Committee any other person engaged by contract or oth- be disclosed in response to such requests ex- may be referred by the Chairman and/or Vice erwise to perform services for or at the re- cept as directed by the Committee in accord- Chairman to the appropriate department or quest of the Committee. To the maximum ance with Section 8 of S. Res. 400 of the 94th agency of the Government for reports there- extent practicable, the Committee shall rely Congress and the provisions of these rules or, on. on its full-time employees to perform all in the event of the termination of the Com- staff functions. No individual may be re- mittee, in such manner as may be deter- RULE 13. COMMITTEE TRAVEL tained as staff of the Committee or to per- mined by the Senate. 13.1. No member of the Committee or Com- form services for the Committee unless that 10.8. The Committee shall immediately mittee Staff shall travel abroad on Com- individual holds appropriate security clear- consider action to be taken in the case of mittee business unless specifically author- ances. any member of the Committee staff who fails ized by the Chairman and Vice Chairman. 10.2. The appointment of Committee staff to conform to any of these Rules. Such dis- Requests for authorization of such travel shall be approved by the Chairman and Vice ciplinary action may include, but shall not shall state the purpose and extent of the Chairman, acting jointly, or, at the initia- be limited to, immediate dismissal from the trip. A full report shall be filed with the tive of both or either be confirmed by a ma- Committee staff. Committee when travel is completed. jority vote of the Committee. After approval 10.9. Within the Committee staff shall be 13.2. No member of the Committee staff or confirmation, the Chairman shall certify an element with the capability to perform shall travel within this country on Com- Committee staff appointments to the Finan- audits of programs and activities undertaken mittee business unless specifically author- cial Clerk of the Senate in writing. No Com- by departments and agencies with intel- ized by the Chairman and Vice Chairman. mittee staff shall be given access to any ligence functions. Such element shall be RULE 14. CHANGES IN RULES classified information or regular access to comprised of persons qualified by training the Committee offices until such Committee and/or experience to carry out such functions These Rules may be modified, amended, or staff has received an appropriate security in accordance with accepted auditing stand- repealed by the Committee, provided that a clearance as described in Section 6 of S. Res. ards. notice in writing of the proposed change has 400 of the 94th Congress. 10.10. The workplace of the Committee been given to each member at least 48 hours 10.3. The Committee staff works for the shall be free from illegal use, possession, prior to the meeting at which action thereon Committee as a whole, under the supervision sale, or distribution of controlled substances is to be taken.

VerDate Nov 24 2008 02:25 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.067 S03MRPT1 wwoods2 on PRODPC68 with SENATE March 3, 2009 CONGRESSIONAL RECORD — SENATE S2685 APPENDIX A sages, petitions, memorials, and other mat- period, if the Committee fails to report the S. RES. 400, 94TH CONG., 2D SESS. (1976) ters relating to the following: proposed legislation within that 5 day pe- Resolved, That it is the purpose of this res- (1) The Office of the Director of National riod, the Committee shall be automatically olution to establish a new select committee Intelligence and the Director of National In- discharged from further consideration of of the Senate, to be known as the Select telligence. such proposed legislation unless the Senate Committee on Intelligence, to oversee and (2) The Central Intelligence Agency and provides otherwise. make continuing studies of the intelligence the Director of the Central Intelligence (3) In computing any 10 or 5 day period activities and programs of the United States Agency. under this subsection there shall be excluded (3) Intelligence activities of all other de- Government, and to submit to the Senate ap- from such computation any days on which partments and agencies of the Government, propriate proposals for legislation and report the Senate is not in session. including, but not limited to, the intel- (4) The reporting and referral processes to the Senate concerning such intelligence ligence activities of the Defense Intelligence outlined in this subsection shall be con- activities and programs. In carrying out this Agency, the National Security Agency, and ducted in strict accordance with the Stand- purpose, the Select Committee on Intel- other agencies of the Department of Defense; ing Rules of the Senate. In accordance with ligence shall make every effort to assure the Department of State; the Department of such rules, committees to which legislation that the appropriate departments and agen- Justice; and the Department of the Treas- is referred are not permitted to make cies of the United States provide informed ury. changes or alterations to the text of the re- and timely intelligence necessary for the ex- (4) The organization or reorganization of ferred bill and its annexes, but may propose ecutive and legislative branches to make any department or agency of the Govern- changes or alterations to the same in the sound decisions affecting the security and ment to the extent that the organization or form of amendments. vital interests of the Nation. It is further the reorganization relates to a function or activ- (c) Nothing in this resolution shall be con- purpose of this resolution to provide vigilant ity involving intelligence activities. strued as prohibiting or otherwise restrict- legislative oversight over the intelligence (5) Authorizations for appropriations, both ing the authority of any other committee to activities of the United States to assure that direct and indirect, for the following: study and review any intelligence activity to such activities are in conformity with the (A) The Office of the Director of National the extent that such activity directly affects Constitution and laws of the United States. Intelligence and the Director of National In- a matter otherwise within the jurisdiction of SEC. 2. (a)(1) There is hereby established a telligence. such committee. select committee to be known as the Select (B) The Central Intelligence Agency and (d) Nothing in this resolution shall be con- Committee on Intelligence (hereinafter in the Director of the Central Intelligence strued as amending, limiting, or otherwise this resolution referred to as the ‘‘select Agency. changing the authority of any standing com- committee’’). The select committee shall be (C) The Defense Intelligence Agency. mittee of the Senate to obtain full and composed of not to exceed fifteen Members (D) The National Security Agency. prompt access to the product of the intel- appointed as follows: (E) The intelligence activities of other ligence activities of any department or agen- (A) two members from the Committee on agencies and subdivisions of the Department cy of the Government relevant to a matter Appropriations; of Defense. otherwise within the jurisdiction of such (B) two members from the Committee on (F) The intelligence activities of the De- Armed Services; committee. partment of State. EC. 4. (a) The select committee, for the (C) two members from the Committee on S (G) The intelligence activities of the Fed- purposes of accountability to the Senate, Foreign Relations; eral Bureau of Investigation. (D) two members from the Committee on shall make regular and periodic, but not less (H) Any department, agency, or subdivi- the Judiciary; and than quarterly, reports to the Senate on the (E) not to exceed seven members to be ap- sion which is the successor to any agency nature and extent of the intelligence activi- pointed from the Senate at large. named in clause (A), (B), (C) or (D); and the ties of the various departments and agencies (2) Members appointed from each com- activities of any department, agency, or sub- of the United States. Such committee shall mittee named in clauses (A) through (D) of division which is the successor to any de- promptly call to the attention of the Senate paragraph (1) shall be evenly divided between partment, agency, bureau, or subdivision or to any other appropriate committee or the two major political parties and shall be named in clause (E), (F), or (G) to the extent committees of the Senate any matters re- appointed by the President pro tempore of that the activities of such successor depart- quiring the attention of the Senate or such the Senate upon the recommendations of the ment, agency, or subdivision are activities other committee or committees. In making majority and minority leaders of the Senate. described in clause (E), (F), or (G). such report, the select committee shall pro- Of any members appointed under paragraph (b)(1) Any proposed legislation reported by ceed in a manner consistent with section (1)(E), the majority leader shall appoint the the select Committee except any legislation 8(c)(2) to protect national security. majority members and the minority leader involving matters specified in clause (1), (2), (b) The select committee shall obtain an shall appoint the minority members, with (5)(A), or (5)(B) of subsection (a), containing annual report from the Director of National the majority having a one vote margin. any matter otherwise within the jurisdiction Intelligence, the Director of the Central In- (3)(A) The majority leader of the Senate of any standing committee shall, at the re- telligence Agency, the Secretary of Defense, and the minority leader of the Senate shall quest of the chairman of such standing com- the Secretary of State, and the Director of be ex officio members of the select com- mittee, be referred to such standing com- the Federal Bureau of Investigation. Such mittee but shall have no vote in the Com- mittee for its consideration of such matter reports shall review the intelligence activi- mittee and shall not be counted for purposes and be reported to the Senate by such stand- ties of the agency or department concerned of determining a quorum. ing committee within 10 days after the day and the intelligence activities of foreign (B) The Chairman and Ranking Member of on which such proposed legislation, in its en- countries directed at the United States or its the Committee on Armed Services (if not al- tirety and including annexes, is referred to interest. An unclassified version of each re- ready a member of the select Committee) such standing committee; and any proposed port may be made available to the public at shall be ex officio members of the select legislation reported by any committee, other the discretion of the select committee. Noth- Committee but shall have no vote in the than the select Committee, which contains ing herein shall be construed as requiring Committee and shall not be counted for pur- any matter within the jurisdiction of the se- the public disclosure in such reports of the poses of determining a quorum. lect Committee shall, at the request of the names of individuals engaged in intelligence (b) At the beginning of each Congress, the chairman of the select Committee, be re- activities for the United States or the di- Majority Leader of the Senate shall select a ferred to the select Committee for its consid- vulging of intelligence methods employed or chairman of the select Committee and the eration of such matter and be reported to the the sources of information on which such re- Minority Leader shall select a vice chairman Senate by the select Committee within 10 ports are based or the amount of funds au- for the select Committee. The vice chairman days after the day on which such proposed thorized to be appropriated for intelligence shall act in the place and stead of the chair- legislation, in its entirety and including an- activities. man in the absence of the chairman. Neither nexes, is referred to such committee. (c) On or before March 15 of each year, the the chairman nor the vice chairman of the (2) In any case in which a committee fails select committee shall submit to the Com- select committee shall at the same time to report any proposed legislation referred to mittee on the Budget of the Senate the views serve as chairman or ranking minority mem- it within the time limit prescribed in this and estimates described in section 301(c) of ber of any other committee referred to in subsection, such Committee shall be auto- the Congressional Budget Act of 1974 regard- paragraph 4(e)(1) of rule XXV of the Standing matically discharged from further consider- ing matters within the jurisdiction of the se- Rules of the Senate. ation of such proposed legislation on the 10th lect committee. (c) The select Committee may be organized day following the day on which such pro- SEC. 5. (a) For the purposes of this resolu- into subcommittees. Each subcommittee posed legislation is referred to such com- tion, the select committee is authorized in shall have a chairman and a vice chairman mittee unless the Senate provides otherwise, its discretion (1) to make investigations into who are selected by the Chairman and Vice or the Majority Leader or Minority Leader any matter within its jurisdiction, (2) to Chairman of the select Committee, respec- request, prior to that date, an additional 5 make expenditures from the contingent fund tively. days on behalf of the Committee to which of the Senate, (3) to employ personnel, (4) to SEC. 3. (a) There shall be referred to the se- the proposed legislation was sequentially re- hold hearings, (5) to sit and act at any time lect committee all proposed legislation, mes- ferred. At the end of that additional 5 day or place during the sessions, recesses, and

VerDate Nov 24 2008 02:25 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.070 S03MRPT1 wwoods2 on PRODPC68 with SENATE S2686 CONGRESSIONAL RECORD — SENATE March 3, 2009 adjourned periods of the Senate, (6) to re- quests be kept secret, such committee graph shall be subject to the right of a Mem- quire, by subpoena or otherwise, the attend- shall— ber of the Senate to move for reconsider- ance of witnesses and the production of cor- (A) first, notify the Majority Leader and ation of the vote within the time and pursu- respondence, books, papers, and documents, Minority Leader of the Senate of such vote; ant to the procedures specified in rule XIII of (7) to take depositions and other testimony, and the Standing Rules of the Senate, and the (8) to procure the service of individual con- (B) second, consult with the Majority disclosure of such information shall be made sultants or organizations thereof, in accord- Leader and Minority Leader before notifying consistent with that right. ance with the provisions of section 202(i) of the President of such vote. (c)(1) No information in the possession of the Legislative Reorganization Act of 1946, (2) The select committee may disclose pub- the select committee relating to the lawful and (9) with the prior consent of the govern- licly such information after the expiration of intelligence activities of any department or ment department or agency concerned and a five-day period following the day on which agency of the United States which has been the Committee on Rules and Administration, notice of such vote is transmitted to the Ma- classified under established security proce- to use on a reimbursable basis the services of jority Leader and the Minority Leader and dures and which the select committee, pur- personnel of any such department or agency. the President, unless, prior to the expiration suant to subsection (a) or (b) of this section, (b) The chairman of the select committee of such five-day period, the President, per- has determined should not be disclosed shall or any member thereof may administer sonally in writing, notifies the committee be made available to any person by a Mem- oaths to witnesses. that he objects to the disclosure of such in- ber, officer, or employee of the Senate except (c) Subpoenas authorized by the select formation, provides his reasons therefore, in a closed session of the Senate or as pro- committee may be issued over the signature and certifies that the threat to the national vided in paragraph (2). of the chairman, the vice chairman or any interest of the United States posed by such (2) The select committee may, under such member of the select committee designated disclosure is of such gravity that it out- regulations as the committee shall prescribe by the chairman, and may be served by any weighs any public interest in the disclosure. to protect the confidentiality of such infor- person designated by the chairman or any (3) If the President, personally, in writing, mation, make any information described in member signing the subpoenas. notifies the Majority Leader and Minority paragraph (1) available to any other com- SEC. 6. No employee of the select com- Leader of the Senate and the select Com- mittee or any other Member of the Senate. mittee or any person engaged by contract or mittee of his objections to the disclosure of Whenever the select committee makes such otherwise to perform services for or at the such information as provided in paragraph information available, the committee shall request of such committee shall be given ac- (2), the Majority Leader and Minority Leader keep a written record showing, in the case of cess to any classified information by such jointly or the select Committee, by majority any particular information, which com- committee unless such employee or person vote, may refer the question of the disclo- mittee or which Members of the Senate re- has (1) agreed in writing and under oath to sure of such information to the Senate for ceived such information. No Member of the be bound by the rules of the Senate (includ- consideration. Senate who, and no committee which, re- ing the jurisdiction of the Select Committee (4) Whenever the select committee votes to ceives any information under this sub- on Ethics) and of such committee as to the refer the question of disclosure of any infor- section, shall disclose such information ex- security of such information during and mation to the Senate under paragraph (3), cept in a closed session of the Senate. after the period of his employment or con- the Chairman shall not later than the first (d) It shall be the duty of the Select Com- tractual agreement with such committee; day on which the Senate is in session fol- mittee on Ethics to investigate any unau- and (2) received an appropriate security lowing the day on which the vote occurs, re- thorized disclosure of intelligence informa- clearance as determined by such committee port the matter to the Senate for its consid- tion by a Member, officer or employee of the in consultation with the Director of National eration. Senate in violation of subsection (c) and to Intelligence. The type of security clearance (5) One hour after the Senate convenes on report to the Senate concerning any allega- to be required in the case of any such em- the fourth day on which the Senate is in ses- tion which it finds to be substantiated. ployee or person shall, within the determina- sion following the day on which any such (e) Upon the request of any person who is tion of such committee in consultation with matter is reported to the Senate, or at such subject to any such investigation, the Select the Director of National Intelligence, be earlier time as the majority leader and the Committee on Ethics shall release to such commensurate with the sensitivity of the minority leader of the Senate jointly agree individual at the conclusion of its investiga- classified information to which such em- upon in accordance with paragraph 5 of rule tion a summary of its investigation together ployee or person will be given access by such XVII of the Standing Rules of the Senate, with its findings. If, at the conclusion of its committee. the Senate shall go into closed session and investigation, the Select Committee on Eth- SEC. 7. The select committee shall formu- the matter shall be the pending business. In ics determines that there has been a signifi- late and carry out such rules and procedures considering the matter in closed session the cant breach of confidentiality or unauthor- as it deems necessary to prevent the disclo- Senate may— ized disclosure by a Member, officer, or em- sure, without the consent of the person or (A) approve the public disclosure of all or ployee of the Senate, it shall report its find- persons concerned, of information in the pos- any portion of the information in question, ings to the Senate and recommend appro- session of such committee which unduly in- in which case the committee shall publicly priate action such as censure, removal from fringes upon the privacy or which violates disclose the information ordered to be dis- committee membership, or expulsion from the constitutional rights of such person or closed, the Senate, in the case of a Member, or re- persons. Nothing herein shall be construed to (B) disapprove the public disclosure of all moval from office or employment or punish- prevent such committee from publicly dis- or any portion of the information in ques- ment for contempt, in the case of an officer closing any such information in any case in tion, in which case the committee shall not or employee. which such committee determines the na- SEC. 9. The select committee is authorized publicly disclose the information ordered not tional interest in the disclosure of such in- to permit any personal representative of the to be disclosed, or formation clearly outweighs any infringe- President, designated by the President to (C) refer all or any portion of the matter ment on the privacy of any person or per- serve as a liaison to such committee, to at- back to the committee, in which case the sons. tend any closed meeting of such committee. committee shall make the final determina- SEC. 8. (a) The select committee may, sub- SEC. 10. Upon expiration of the Select Com- ject to the provisions of this section, disclose tion with respect to the public disclosure of mittee on Governmental Operations With publicly any information in the possession of the information in question. Respect to Intelligence Activities, estab- such committee after a determination by Upon conclusion of the consideration of such lished by Senate Resolution 21, Ninety- such committee that the public interest matter in closed session, which may not ex- fourth Congress, all records, files, docu- would be served by such disclosure. When- tend beyond the close of the ninth day on ments, and other materials in the possession, ever committee action is required to disclose which the Senate is in session following the custody, or control of such committee, under any information under this section, the com- day on which such matter was reported to appropriate conditions established by it, mittee shall meet to vote on the matter the Senate, or the close of the fifth day fol- shall be transferred to the select committee. within five days after any member of the lowing the day agreed upon jointly by the SEC. 11. (a) It is the sense of the Senate committee requests such a vote. No member majority and minority leaders in accordance that the head of each department and agency of the select committee shall disclose any in- with paragraph 5 of rule XVII of the Stand- of the United States should keep the select formation, the disclosure of which requires a ing Rules of the Senate (whichever the case committee fully and currently informed with committee vote, prior to a vote by the com- may be), the Senate shall immediately vote respect to intelligence activities, including mittee on the question of the disclosure of on the disposition of such matter in open any significant anticipated activities, which such information or after such vote except in session, without debate, and without divulg- are the responsibility of or engaged in by accordance with this section. ing the information with respect to which such department or agency: Provided, That (b)(1) In any case in which the select com- the vote is being taken. The Senate shall this does not constitute a condition prece- mittee votes to disclose publicly any infor- vote to dispose of such matter by one or dent to the implementation of any such an- mation which has been classified under es- more of the means specified in clauses (A), ticipated intelligence activity. tablished security procedures, which has (B), and (C) of the second sentence of this (b) It is the sense of the Senate that the been submitted to it by the Executive paragraph. Any vote of the Senate to dis- head of any department or agency of the branch, and which the Executive branch re- close any information pursuant to this para- United States involved in any intelligence

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The select Committee shall only hire document in the possession, custody, or con- committee of the Senate and the House of or appoint an employee chosen by the respec- trol of the department or agency, or person Representatives on intelligence activities in tive Member of the select Committee for paid by such department or agency, when- lieu of having separate committees in each whom the employee will serve as the des- ever requested by the select committee with House of Congress, or of establishing proce- ignated representative on the select Com- respect to any matter within such commit- dures under which separate committees on mittee. tee’s jurisdiction. intelligence activities of the two Houses of (b) The select Committee shall be afforded (c) It is the sense of the Senate that each Congress would receive joint briefings from a supplement to its budget, to be determined department and agency of the United States the intelligence agencies and coordinate by the Committee on Rules and Administra- should report immediately upon discovery to their policies with respect to the safe- tion, to allow for the hire of each employee the select committee any and all intel- guarding of sensitive intelligence informa- who fills the position of designated rep- ligence activities which constitute viola- tion; resentative to the select Committee. The tions of the constitutional rights of any per- (8) the authorization of funds for the intel- designated representative shall have office son, violations of law, or violations of Execu- ligence activities of the Government and space and appropriate office equipment in tive orders, Presidential directives, or de- whether disclosure of any of the amounts of the select Committee spaces. Designated per- partmental or agency rules or regulations; such funds is in the public interest; and sonal representatives shall have the same ac- each department and agency should further (9) the development of a uniform set of cess to Committee staff, information, report to such committee what actions have definitions for terms to be used in policies or records, and databases as select Committee been taken or are expected to be taken by guidelines which may be adopted by the ex- staff, as determined by the Chairman and the departments or agencies with respect to ecutive or legislative branches to govern, Vice Chairman. such violations. clarify, and strengthen the operation of in- (c) The designated employee shall meet all SEC. 12. Subject to the Standing Rules of telligence activities. the requirements of relevant statutes, Sen- the Senate, no funds shall be appropriated (b) The select committee may, in its dis- ate rules, and committee security clearance for any fiscal year beginning after Sep- cretion, omit from the special study required requirements for employment by the select tember 30, 1976, with the exception of a con- by this section any matter it determines has Committee. been adequately studied by the Select Com- tinuing bill or resolution, or amendment (d) Of the funds made available to the se- mittee To Study Governmental Operations thereto, or conference report thereon, to, or lect Committee for personnel— With Respect to Intelligence Activities, es- for use of, any department or agency of the (1) not more than 60 percent shall be under tablished by Senate Resolution 21, Ninety- United States to carry out any of the fol- the control of the Chairman; and lowing activities, unless such funds shall fourth Congress. (c) The select committee shall report the (2) not less than 40 percent shall be under have been previously authorized by a bill or the control of the Vice Chairman. joint resolution passed by the Senate during results of the study provided for by this sec- SEC. 16. Nothing in this resolution shall be the same or preceding fiscal year to carry tion to the Senate, together with any rec- ommendations for legislative or other ac- construed as constituting acquiescence by out such activity for such fiscal year: the Senate in any practice, or in the conduct (1) The activities of the Office of the Direc- tions it deems appropriate, no later than of any activity, not otherwise authorized by tor of National Intelligence and the Director July 1, 1977, and from time to time there- law. of National Intelligence. after as it deems appropriate. SEC. 17. (a)(1) Except as otherwise provided (2) The activities of the Central Intel- SEC. 14. (a) As used in this resolution, the in subsection (b), the select Committee shall ligence Agency and the Director of the Cen- term ‘‘intelligence activities’’ includes (1) have jurisdiction for reviewing, holding tral Intelligence Agency. the collection, analysis, production, dissemi- (3) The activities of the Defense Intel- nation, or use of information which relates hearings, and reporting the nominations of ligence Agency. to any foreign country, or any government, civilian persons nominated by the President (4) The activities of the National Security political group, party, military force, move- to fill all positions within the intelligence Agency. ment, or other association in such foreign community requiring the advice and consent (5) The intelligence activities of other country, and which relates to the defense, of the Senate. agencies and subdivisions of the Department foreign policy, national security, or related (2) Other committees with jurisdiction of Defense. policies of the United States, and other ac- over the nominees’ executive branch depart- (6) The intelligence activities of the De- tivity which is in support of such activities; ment may hold hearings and interviews with partment of State. (2) activities taken to counter similar activi- such persons, but only the select Committee (7) The intelligence activities of the Fed- ties directed against the United States; (3) shall report such nominations. eral Bureau of Investigation. covert or clandestine activities affecting the (b)(1) With respect to the confirmation of SEC. 13. (a) The select committee shall relations of the United States with any for- the Assistant Attorney General for National make a study with respect to the following eign government, political group, party, Security, or any successor position, the nom- matters, taking into consideration with re- military force, movement or other associa- ination of any individual by the President to spect to each such matter, all relevant as- tion; (4) the collection, analysis, production, serve in such position shall be referred to the pects of the effectiveness of planning, gath- dissemination, or use of information about Committee on the Judiciary and, if and when ering, use, security, and dissemination of in- activities of persons within the United reported, to the select Committee for not to telligence: States, its territories and possessions, or na- exceed 20 calendar days, except that in cases (1) the quality of the analytical capabili- tionals of the United States abroad whose when the 20-day period expires while the ties of United States foreign intelligence political and related activities pose, or may Senate is in recess, the select Committee agencies and means for integrating more be considered by any department, agency, shall have 5 additional calendar days after closely analytical intelligence and policy bureau, office, division, instrumentality, or the Senate reconvenes to report the nomina- formulation; employee of the United States to pose, a tion. (2) the extent and nature of the authority threat to the internal security of the United (2) If, upon the expiration of the period de- of the departments and agencies of the Exec- States, and covert or clandestine activities scribed in paragraph (1), the select Com- utive branch to engage in intelligence activi- directed against such persons. Such term mittee has not reported the nomination, ties and the desirability of developing char- does not include tactical foreign military in- such nomination shall be automatically dis- ters for each intelligence agency or depart- telligence serving no national policymaking charged from the select Committee and ment; function. placed on the Executive Calendar. (3) the organization of intelligence activi- (b) As used in this resolution, the term APPENDIX B—INTELLIGENCE PROVI- ties in the Executive branch to maximize the ‘‘department or agency’’ includes any orga- SIONS IN S. RES. 445, 108TH CONG., 2D effectiveness of the conduct, oversight, and nization, committee, council, establishment, SESS. (2004) WHICH WERE NOT INCOR- accountability of intelligence activities; to or office within the Federal Government. PORATED IN S. RES. 400, 94TH CONG., 2D reduce duplication or overlap; and to im- (c) For purposes of this resolution, ref- SESS. (1976) prove the morale of the personnel of the for- erence to any department, agency, bureau, eign intelligence agencies; or subdivision shall include a reference to TITLE III—COMMITTEE STATUS (4) the conduct of covert and clandestine any successor department, agency, bureau, * * * * * activities and the procedures by which Con- or subdivision to the extent that such suc- SEC. 301(b) INTELLIGENCE.—The Select gress is informed of such activities; cessor engages in intelligence activities now Committee on Intelligence shall be treated (5) the desirability of changing any law, conducted by the department, agency, bu- as a committee listed under paragraph 2 of Senate rule or procedure, or any Executive reau, or subdivision referred to in this reso- rule XXV of the Standing Rules of the Sen- order, rule, or regulation to improve the pro- lution. ate for purposes of the Standing Rules of the tection of intelligence secrets and provide SEC. 15. (a) In addition to other committee Senate. for disclosure of information for which there staff selected by the select Committee, the is no compelling reason for secrecy; select Committee shall hire or appoint one TITLE IV—INTELLIGENCE-RELATED (6) the desirability of establishing a stand- employee for each member of the select SUBCOMMITTEES ing committee of the Senate on intelligence Committee to serve as such Member’s des- SEC. 401. SUBCOMMITTEE RELATED TO INTEL- activities; ignated representative on the select Com- LIGENCE OVERSIGHT.

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Combat Team, 25th Infantry Division all faces. SEC. 402. SUBCOMMITTEE RELATED TO INTEL- of Fort Wainwright, AK. May God grant strength and peace to LIGENCE APPROPRIATIONS. Zachary, a graduate of the JROTC those who mourn, and may God be with (a) ESTABLISHMENT.—There is established program at Ben Davis High School in all of you, as I know He is with in the Committee on Appropriations a Sub- Indianapolis, joined the Army in July Zachary. committee on Intelligence. The Committee 2007 and was sent to Iraq in September on Appropriations shall reorganize into 13 f for a 12-month tour. He was an avid subcommittees as soon as possible after the PEACE CORPS ANNIVERSARY convening of the 109th Congress. sports fan, playing football and base- (b) JURISDICTION.—The Subcommittee on ball at Ben Davis and never missing an Ms. MURKOWSKI. Madam President, Intelligence of the Committee on Appropria- opportunity to watch his favorite Sunday marked the 48th anniversary of tions shall have jurisdiction over funding for NASCAR driver, Jeff Gordon, in action. the Peace Corps. As we wrap up Peace intelligence matters, as determined by the He was a member of Lakeview Church Corps Week here in the United States, Senate Committee on Appropriations. and Harmony Baptist Church, and also I would like take this opportunity to APPENDIX C—RULE 26.5(b) OF THE enjoyed fishing, hunting, and spending extend my heartfelt congratulations STANDING RULES OF THE SENATE (RE- time with his family and friends. and appreciation to all current and FERRED TO IN COMMITTEE RULE 2.1) Today, I join Zachary’s family and former volunteers. Each meeting of a committee, or any sub- friends in mourning his death. Zachary Since its creation in 1961, approxi- committee thereof, including meetings to will forever be remembered as a loving mately 190,000 volunteers have served conduct hearings, shall be open to the public, in 139 countries around the world. The except that a meeting or series of meetings brother, son, grandson, and friend to by a committee or a subcommittee thereof many. Zachary is survived by his fields Peace Corps volunteers work in on the same subject for a period of no more fiance´e, Chrissy Purdy; father, Michael are as varied as the countries in which than fourteen calendar days may be closed to Nordmeyer; step-parents, Kevin and they serve, but they offer us a snapshot the public on a motion made and seconded to Cindy Bereman; brothers, Josh and of the breadth of global development go into closed session to discuss only wheth- David Nordmeyer; step-sisters, Rachel challenges we face as a planet: HIV/ er the matters enumerated in clauses (1) Klop, Kendra Gregg, and Karen Piehl; AIDs; food security; environmental through (6) would require the meeting to be step-brother, Kristopher Bereman; degradation; expanding the reach of closed, followed immediately by a record technology; improving access to clean vote in open session by a majority of the grandparents, Nancy and Bill Harman, members of the committee or subcommittee Tim and Susan Fair; grandfather, Paul water and sanitation; and providing when it is determined that the matters to be Nordmeyer; grandmother, Marilyn education and professional opportuni- discussed or the testimony to be taken at Fair; great-grandparents, Herman and ties to those who might not otherwise such meeting or meetings— Evona Fair; aunts and uncles, Tom and have a chance to go to school or open (1) will disclose matters necessary to be Mindy Nordmeyer, Brian and Steph- a business. kept secret in the interests of national de- anie Nordmeyer, Brad and Kim Not only the host countries benefit fense or the confidential conduct of the for- Nordmeyer; uncles, Kevin and Brandon from all the good work these volun- eign relations of the United States; teers do. Each of these volunteers gives (2) will relate solely to matters of com- Fair and Steven Harman; aunt, Steph- mittee staff personnel or internal staff man- anie Harman; many nieces and neph- the United States an opportunity to agement or procedure; ews; and a host of other friends and rel- showcase our values and goals to the (3) will tend to charge an individual with atives. Zachary was preceded in death rest of the world in a grassroots way. crime or misconduct, to disgrace or injure by his mother, Kimberly Bereman; and The volunteers have the chance to the professional standing of an individual, or great-grandparents, Lester and Elenor learn foreign languages, live and work otherwise to expose an individual to public Baker, George and Eve Nordmeyer, and in new cultures, and develop skills contempt or obloquy, or will represent a Paul and Dorothy Fisher. which will aid them in their future ca- clearly unwarranted invasion of the privacy reers. The skills these intrepid volun- of an individual; While we struggle to express our sor- (4) will disclose the identity of any in- row over this loss, we can take pride in teers learn during their tours will also former or law enforcement agent or will dis- the example Zachary set as a soldier. be a credit to the United States in the close any information relating to the inves- Today and always, Zachary will be re- future as they return home and put tigation or prosecution of a criminal offense membered by family, friends, and fel- their on-the-ground knowledge to work that is required to be kept secret in the in- low Hoosiers as a true American hero, in the States. terests of effective law enforcement; and we cherish the sacrifice he made I am delighted to see that the spirit (5) will disclose information relating to the while dutifully serving his country. of this movement is still strong with trade secrets of financial or commercial in- Alaskans. This year, 32 Alaskans are formation pertaining specifically to a given As I search for words to do justice to person if— this valiant fallen soldier, I recall serving in 27 different countries on five (A) an Act of Congress requires the infor- President Abraham Lincoln’s words as different continents in fields ranging mation to be kept confidential by Govern- he addressed the families of soldiers from health to education to agriculture ment officers and employees; or who died at Gettysburg: to small business development. When (B) the information has been obtained by We cannot dedicate, we cannot consecrate, they return to Alaska it will be with the Government on a confidential basis, we cannot hallow this ground. The brave the knowledge that they can achieve other than through an application by such men, living and dead, who struggled here, any task set before them with innova- person for a specific Government financial or have consecrated it, far above our poor tion and hard work. I am excited to see other benefit, and is required to be kept se- power to add or detract. The world will little cret in order to prevent undue injury to the what great things they will do next for note nor long remember what we say here, competitive position of such person; or our State and the Nation as a whole. but it can never forget what they did here. (6) may divulge matters required to be f kept confidential under other provisions of This statement is just as true today law or Government regulations. as it was nearly 150 years ago, as we IDAHOANS SPEAK OUT ON HIGH ENERGY PRICES f can take some measure of solace in knowing that Zachary’s heroism and Mr. CRAPO. Madam President, in HONORING OUR ARMED FORCES memory will outlive the record of the mid-June, I asked Idahoans to share CORPORAL ZACHARY RAY NORDMEYER words here spoken. with me how high energy prices are af- Mr. BAYH. Madam President, I rise It is my sad duty to enter the name fecting their lives, and they responded today with a heavy heart to honor the of Zachary Nordmeyer in the official by the hundreds. The stories, num- life of CPL Zachary Ray Nordmeyer RECORD of the U.S. Senate for his serv- bering well over 1,200, are heart- from Indianapolis, IN. Zachary was 21 ice to this country and for his profound breaking and touching. While energy

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To respect the efforts of those international initiative; and Be it further resolved, that NFWL forward a copy of this resolution to the President of who took the opportunity to share Whereas, the Federal Laboratory Consor- tium (FLC) for Technology Transfer can as- the United States, the Secretary of the U.S. their thoughts, I am submitting every sist in identifying federal labs with a variety Department of Energy, to the President of e-mail sent to me through an address of expertise to help states, including energy, the Senate and the Speaker of the House of set up specifically for this purpose to through their website; Representatives of Congress as well as appro- the CONGRESSIONAL RECORD. This is not Be it resolved that the NFWL Energy, Nat- priate House and Senate Committees. an issue that will be easily resolved, ural Resource & Agriculture Policy Com- but it is one that deserves immediate mittee supports execution of an enhanced NFWL ENERGY, NATURAL RESOURCES & and serious attention, and Idahoans de- and balanced portfolio of nuclear, bio-en- AGRICULTURE POLICY COMMITTEE ergy, hydropower, fuel reforming and related serve to be heard. Their stories not RESOLUTION ON NATIONAL ENERGY POLICY alternative and renewable energy research, (Introduced October 12, 2007) only detail their struggles to meet ev- and hereby requests the DOE, the Adminis- eryday expenses, but also have sugges- tration and the Congress identify, commit Whereas, the National Foundation for tions and recommendations as to what and sustain the funding necessary to allow Women Legislators (NFWL) Energy, Natural Congress can do now to tackle this continued performance of this and other Resource & Agriculture Policy Committee commends Congress and the Administration problem and find solutions that last be- multi-program energy and national security enhancing work so critical to the long-term on passage of the Energy Policy Act of 2005 yond today. I ask unanimous consent that reaffirms the federal commitment to es- to have today’s letters printed in the well-being of these United States. Be it further resolved, that NFWL forward tablish and maintain a national energy pol- RECORD. a copy of this resolution to the President of icy; and There being no objection, the mate- the United States, the Secretary of the U.S. Whereas, the primary goals of a national rial was ordered to be printed in the Department of Energy, to the President of energy policy should develop a comprehen- RECORD, as follows: the Senate and the Speaker of the House of sive energy conservation strategy, with the most efficient use of energy, promote reli- You have asked for input as to helpful so- Representatives of Congress. able sources of domestic energy supplies as lutions regarding the energy crisis. well as develop and promote the use of alter- I am attaching three resolutions that came NFWL ENERGY, NATURAL RESOURCES & native, renewable and non-renewable energy from a national committee that I chair—the AGRICULTURE POLICY COMMITTEE sources; and Energy, Natural Resource & Agriculture Pol- RESOLUTION ON THE ENERGY POLICY ACT OF 2005 icy Committee for the National Foundation Whereas, a national energy policy should LOAN GUARANTEE PROGRAM ensure affordable priced energy with an ade- for Women Legislators (NFWL). These reso- (Introduced October 12, 2007) lutions were passed by my Committee in Oc- quate supply available, and ensure an effi- tober of 2007. Each ‘‘Where As’’ tells the Whereas, the National Foundation for cient and environmentally-sound manner so story of why we are where we are today and Women Legislators (NFWL) Energy, Natural that the needs of all citizens, economy and then finally gives recommendations for solu- Resource & Agriculture Policy Committee national security interests are met and be a tions. Please submit these into the Congres- commends Congress and the Administration balanced portfolio of energy options; and Whereas, this NFWL Policy Committee sional Record as you seek to tell stories on passage of the EPAct05 (Energy Policy submits that energy independence must be a about what Idahoans are doing to offer help Act of 2005) that reaffirms the federal com- primary goal of the United States and that and why energy solutions are needed. mitment to establish and maintain a na- Thank you for this opportunity to tell our tional energy policy; and short and long-term strategies that provide story from the Energy, Natural Resource & Whereas, the EPAct05 authorizes the U.S. adequate energy supplies with efficient utili- Agriculture Committee to the U.S. Senate. Department of Energy to issue loan guaran- zation and optimum cost effectiveness must And, thank you for all that you do. tees to eligible projects that ‘‘avoid, reduce, be developed; and Whereas, a comprehensive strategy is need- ANN, Idaho Falls. or sequester air pollutants or anthropogenic emissions of greenhouse gases’’ and ‘‘employ ed to increase U.S. and global energy secu- NFWL ENERGY, NATURAL RESOURCES & new or significantly improved technologies rity, encourage clean development around AGRICULTURE POLICY COMMITTEE as compared to technologies in service in the the world, recycle nuclear fuel using new RESOLUTION ON A BALANCED PORTFOLIO OF United States at the time the guarantee is proliferation-resistant technologies to re- ENERGY CHOICES issued’’; and cover more energy and reduce waste, and im- (Introduced October 12, 2007) Whereas, loan guarantees will be another prove the environment; and Whereas, the United States of America has tool that DOE will use to promote commer- Whereas, the national energy policy should become excessively dependent upon foreign cial use of innovative technologies; and promote and provide incentives for the de- sources of oil, and the dependence threatens Whereas, a principal purpose of the Title velopment and optimal use of all energy re- the security of the American people and XVII loan guarantee program is to encourage sources and new facility infrastructure economy; and early commercial use in the United States of which assures that various domestic energy Whereas, it is in the best interests of the new or significantly improved technologies sources are continually developed, main- United States to become as energy inde- in energy projects; and tained and stored to prevent supply emer- pendent and diversified as possible to avoid Whereas, this NFWL Policy Committee gencies and to promote energy independence; economic dislocations instigated by foreign submits that energy independence must be a and oil interests, markets and the effects of nat- primary goal of the United States and that Now, therefore be it resolved that the ural disasters; and short- and long-term strategies that provide NFWL Energy, Natural Resource & Agri- Whereas, comprehensive federal energy adequate energy supplies with efficient utili- culture Policy Committee encourages the legislation signed into law in 2005 advocates zation and optimum cost effectiveness must DOE, the Administration and the Congress the expansion of nuclear energy for the pro- be developed; and to develop a balanced portfolio of energy duction of electrical power and hydrogen, as Whereas, it is believed that accelerated choices, implement and maintain an expan- well as the development of bio-energy and commercial use of new or improved tech- sive, cost-effective, environmentally-sen- other alternative fuels to reduce dependence nologies will help to sustain economic sitive national energy policy. on foreign sources of oil, a truly balanced growth, yield environmental benefits, and Be it further resolved, that NFWL forward portfolio of energy options; and produce a more stable and secure energy sup- a copy of this resolution to the President of Whereas, the United States Department of ply; and the United States, the Secretary of the U.S. Energy (DOE) is the federal agency that has Whereas, the national energy policy and Department of Energy, to the President of primary responsibility for carrying out the loan guarantee program should promote and the Senate and the Speaker of the House of directives of the President and the Congress provide incentives for the development and Representatives of Congress. relative to enabling and enhancing the en- optimal use of all energy resources; and ergy security of the nation; and Whereas, nuclear energy is not currently I am a little more than concerned about Whereas, the DOE Laboratories and other listed in FY 2008 House Energy & Water Ap- the rising costs of fuel. It hits every eco- Federal Laboratories are a key national re- propriations legislation as an included tech- nomic level of income but mostly the middle search, development and demonstration re- nology area to participate in the loan guar- to low incomes. We are in the $50,000 income source wherein the federal government has antee program, and is a technology project range. I own a small business and my hus- invested significant tax dollars to establish that avoids, reduces, or sequesters air pollut- band works for the State. Increase in the such unique and globally important assets ants or anthropogenic emissions of green- price of fuel is directly felt every time a per- all of which demand continued, or even ex- house gases; son drives a vehicle. It is double what it was panded, use to assure maximum return on Now, therefore be it resolved that the last year. I drive a 2000 Nissan Sentra. It is tax dollar investment; and NFWL Energy, Natural Resource & Agri- a little car. We live on a budget. A paycheck Whereas, the Idaho National Laboratory culture Policy Committee requests the DOE, only stretches so far. For a small business has been designated as the lead DOE lab for the Administration and the Congress to in- this means an increase in freight costs. Some

VerDate Nov 24 2008 02:25 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.016 S03MRPT1 wwoods2 on PRODPC68 with SENATE S2690 CONGRESSIONAL RECORD — SENATE March 3, 2009 of those costs are passed to the consumer going up. Why are we not building more wind elected government does not give a damn and some are absorbed. A small business is power plants like California to produce end- about the citizens—an expansion of Katrina/ the least likely to be able to handle this. The less power that is also very expandable? Why New Orleans. You have held hearings with costs passed to the consumer are on top of are we not taking advantage of the man who the oil representatives which resulted in the the gas prices they are already paying. I live invented the super fuel efficient engine right usual shameful display of sucking-up to the in a small rural community. Because in the here in Idaho who resides in Weiser? There industry. Thank you for your inattention to past so many people have done their shop- are answers besides drilling right here and this response. ping out of town, our town has less to offer we seem to overlook them. I am not against HARRY. which in turn makes going out of town to more nuclear power, but the hazards really shop a very costly experience. The whole sit- do not justify those means of power any Does anyone in Washington remember the uation is a catch-22. more. I really hope that we can see some huge deal it was when gasoline broke $2/gal- America needs to use its own resources and changes soon with the addition of a transit lon about 4 years ago? How about when it not let foreign companies do it (drilling for system from Caldwell to Boise or maybe reached $3/gallon briefly in 2005 and caused a oil off the coast). We also need to be respon- even Weiser. I do know that something has minor panic about skyrocketing prices? I re- sible for our overindulgences and use smaller to change or the US will have too many poor member newspaper articles asking ‘‘Will we more economical vehicles. We are paying for people to help. Thank you for your time. ever see $2/gallon gasoline again?’’ and we our gluttony. We do need to explore alter- RICHARD, Boise. wondered if that time had passed. Then native energy also. We also need to curb our prices came back down and did a bit of an spending in congress. Our country is broke You asked for and so here goes. I am so up-down over the next couple of years. and nobody wants to fix it. Pork barrel upset with all of the members of Congress Through all of that, combatting high oil spending is breaking this country. Why are and our Government in general for not hav- prices was a top priority for Congress and we attaching appropriations to bills that ing an energy plan already in place in the the White House, which led to the ethanol United States. Not only should we not be de- have nothing to do with the original bill? debacle. pendent on foreign countries for our oil Please start making upright and morally re- Now, the Democrat powers-that-be in sources but we should most definitely have sponsible decisions. I think Congress is to- Washington and around the country have invested in other sources of energy long be- tally out of control. seemingly embraced $4/gallon gasoline as the fore now. Off-shore drilling and massacring A desperate citizen, impetus to make us explore ‘‘alternate en- the Alaskan Wilderness is not the answer. SUE, Grangeville. ergy sources,’’ while completely ignoring the There is absolutely no reason for us not to agonizing inflationary pressure these price I appreciate your interest in this issue. I have automobiles running on other sources increases are causing. Now we hear, ‘‘Blame must say I am quite fortunate that my 94 of power other than to line the pockets of Bush!’’ ‘‘No war for oil!’’ ‘‘Save the polar Ford escort gets 37 MPG and suits most my the oil industry and those ‘‘in the trough’’. bears!’’ How in the world do we expect to be needs quite adequately. In addition, I live The technology is there and I think we need able to maintain our economic strength just a few miles from work in Boise, so I usu- government mandates and incentives in while we simultaneously insist on crippling ally ride my bicycle to work. I do recognize place now to force (if necessary) people to the economy? that this is not an option for many Idahoans, create and use these alternative sources. We I would urge you, Senator, to work to such as my mom who lives 10 miles outside should reward those companies and those allow us to pursue oil reserves wherever they of Blackfoot. people who produce and use hybrid and other might be found in our country. We should Frankly, as far as this last e-mail you sent alternative energy-sourced vehicles and seek to be wise stewards of the land, but also me goes, it sounds like you are listening too mass transit and severely tax those people acknowledge that if we do not do it here, it much to lobbyists from the energy indus- who insist on driving the big SUVs and will be done elsewhere by people who do not tries. More gas exploration is not a long Hummers in the U.S. as well as those who seem to care as much about the environ- term solution—I cannot imagine that new are the big wasters of energy. ‘‘Going Green’’ ment. ‘‘Not in my backyard’’ is the most en- finds are going to even come close to offset- should not only be the right thing to do for vironmentally irresponsible decision we ting increased demand from Asia. (If you us and the world (and the U.S. should be could possibly make. have numbers that suggest otherwise, I leading the world as the ‘‘example’’) but DAVID, Boise. would love to see them.) More exploration is should be the most economical thing to do a mere band-aid that just kicks the problem and we need to reward those who do and as- down the road to whomever gets your seat sess those who do not. If companies are not Gas prices are outrageous. If it does cost next. To me, it sounds almost as pointless as going to take the initiative to make this that much for the oil, why not get out of Senator Clinton’s gas tax holiday she was happen on their own, then the government there and drill on our own grounds, or even talking about. has to give the free enterprise system and Canada? What is happening is someone is Instead of typical Washington [solutions], the general public incentives to make it hap- making a lot of money off this, and they Senator, we need real leadership. We need to pen. know that they can keep raising the price be pouring our resources into building alter- There is no one person in the U.S. who is and people will pay it, people have to pay it. native modes of transit that can aid this in- not feeling the effects of the high prices. CJ. evitable transition from cheap fossil fuels. Whether it be gas, food or other products we We need to bring rail transit back to South- buy and use in our life activities, they are all We appreciate your interest in the high ern Idaho. We need a rural bus system with affected by the high gas prices. Those with cost of gasoline and energy, but even if the park-and-ride spots along state highways high incomes can most likely absorb these government started drilling today, we do not (much like the system used for the buses increased costs but those on fixed incomes have refineries up and running nor do we that run to INL). We need higher fuel-effi- and the low- and middle-income cannot sus- have enough of them to process the gas we ciency standards from Detroit. (You may tain these high prices for long. We are in a discover. So who and where will we have to have to tell some industry folks to jump in crisis situation here and I only see it getting transport this ‘‘new gas’’ to, to make it use- a lake—that is what we pay you for.) As far worse. And I blame all of you in Congress for able for the people of the U.S.? Obama stated as helping people cope with this transition, not addressing it much sooner (like some 10– he wished the price would have increased a perhaps you could give tax cuts to small 20 years ago) and I blame John Q. Public for little more slowly so this sounds like it is farmers and people who live more than 15 re-electing all of you time and again. It been planned a looong time in Congress. miles from a bus or train stop. But basically seems to me that Congress is completely out Who has got the truth on any of our econ- any incentives should go towards helping of touch not only with John Q. Public but omy and energy issues? people use less fossil fuel, not more. with reality. Let me reiterate, more drilling Thanks for your efforts. ALEX, Boise. in our own country is not the answer. We CHUCK. must use other alternative energy sources be f First off I want to state that I do not con- it electric, wind, nuclear, etc. What kind of sider this fuel problem to be as big of a crisis country are we leaving for our grandkids? MESSAGES FROM THE PRESIDENT as it was when we had the fuel shortages Not a very good one at this rate—if we even Messages from the President of the back a few decades. This is becoming more of have one left! United States were communicated to an issue because the dollar is so weak right MELODIE. now, and it does not seem to be getting any the Senate by Mrs. Neiman, one of his better. With that said, my family and I have You write that my country is too depend- secretaries. noticed the problems with fuel prices across ent on foreign oil and we must develop alter- f the board. I am in the process of trying to nate energy sources. You, your party, and make a choice in a new job that would put many of the Democrats have voted consist- EXECUTIVE MESSAGES REFERRED me back in the classroom doing what I really ently against all such alternatives for one love, but with gas prices and me riding the reason or another. It is of no use to write As in executive session the Presiding ACHD van that is a big cost change for us. I about my experience with the rise in gas Officer laid before the Senate messages am amazed that with all of the possibilities prices. If Congress and this Administration from the President of the United out there that our energy and gas prices are need stories, then it further proves that our States submitting sundry nominations

VerDate Nov 24 2008 02:25 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.041 S03MRPT1 wwoods2 on PRODPC68 with SENATE March 3, 2009 CONGRESSIONAL RECORD — SENATE S2691 which were referred to the appropriate safety of the food supply; to the Committee By Mr. DORGAN (for himself and Mr. committees. on Health, Education, Labor, and Pensions. MCCAIN): (The nominations received today are By Mr. BROWNBACK (for himself and S. Res. 62. A bill establishing a select com- mittee of the Senate to make a thorough and printed at the end of the Senate pro- Mr. TESTER): S. 511. A bill to amend part B of title XVIII complete study and investigation of the facts ceedings.) of the Social Security Act to provide for an and circumstances giving rise to the eco- f exemption of pharmacies and pharmacists nomic crisis facing the United States and to from certain Medicare accreditation require- make recommendations to prevent a future MESSAGE FROM THE HOUSE ments in the same manner as such exemp- recurrence of such a crisis; to the Committee At 2:27 p.m., a message from the tion applies to certain professionals; to the on Rules and Administration. House of Representatives, delivered by Committee on Finance. f By Mr. MARTINEZ (for himself, Mr. Mrs. Cole, one of its reading clerks, an- ADDITIONAL COSPONSORS nounced that the House has passed the KOHL, Mr. DURBIN, and Mr. FEIN- GOLD): S. 46 following bills, in which it requests the S. 512. A bill to amend chapter 1 of title 9, At the request of Mr. ENSIGN, the concurrence of the Senate: of United States Code with respect to arbi- name of the Senator from North Caro- H.R. 81. An act to amend the High tration; to the Committee on the Judiciary. lina (Mr. BURR) was added as a cospon- Seas Driftnet Fishing Moratorium Pro- By Mr. SANDERS: sor of S. 46, a bill to amend title XVIII tection Act and the Magnuson-Stevens S. 513. A bill to require the Board of Gov- ernors of the Federal Reserve System to pub- of the Social Security Act to repeal the Fishery Conservation and Management lish information on financial assistance pro- Medicare outpatient rehabilitation Act to improve the conservation of vided to various entities, and for other pur- therapy caps. sharks. poses; to the Committee on Banking, Hous- S. 321 H.R. 326. An act to direct the Sec- ing, and Urban Affairs. retary of the Interior to take lands in By Mr. AKAKA: At the request of Mr. VOINOVICH, the Yuma County, Arizona, into trust as S. 514. A bill to amend title 38, United name of the Senator from Maine (Ms. part of the reservation of the Cocopah States Code, to enhance vocational rehabili- COLLINS) was added as a cosponsor of S. Tribe of Arizona, and for other pur- tation benefits for veterans, and for other 321, a bill to require the Secretary of purposes; to the Committee on Veterans’ Af- Homeland Security and the Secretary poses. fairs. H.R. 844. An act to amend the provi- of State to accept passport cards at air By Mr. LEAHY (for himself, Mr. ports of entry and for other purposes. sions of law relating to the John H. HATCH, Mr. SCHUMER, Mr. CRAPO, Mr. S. 345 Prescott Marine Mammal Rescue As- WHITEHOUSE, Mr. RISCH, and Mrs. sistance Grant Program, and for other GILLIBRAND): At the request of Mr. LUGAR, the purposes. S. 515. A bill to amend title 35, United name of the Senator from New Hamp- States Code, to provide for patent reform; to shire (Mrs. SHAHEEN) was added as a co- f the Committee on the Judiciary. sponsor of S. 345, a bill to reauthorize MEASURES REFERRED By Mr. DODD: the Tropical Forest Conservation Act S. 516. A bill for the relief of Majan Jean; of 1998 through fiscal year 2012, to re- The following bills were read the first to the Committee on the Judiciary. and the second times by unanimous By Mr. DODD: name the Tropical Forest Conservation consent, and referred as indicated: S. 517. A bill for the relief of Alejandro Act of 1998 as the ‘‘Tropical Forest and Coral Conservation Act of 2009’’, and H.R. 81. An act to amend the High Seas Gomez and Juan Sebastian Gomez; to the Driftnet Fishing Moratorium Protection Act Committee on the Judiciary. for other purposes. and the Magnuson-Stevens Fishery Con- By Mr. CARDIN (for himself, Ms. MI- S. 416 KULSKI, Mr. REED, Mr. CASEY, and Mr. servation and Management Act to improve At the request of Mrs. FEINSTEIN, the the conservation of sharks; to the Com- LEVIN): S. 518. A bill to establish the Star-Spangled name of the Senator from Oregon (Mr. mittee on Commerce, Science, and Transpor- WYDEN) was added as a cosponsor of S. tation. Banner and War of 1812 Bicentennial Com- mission, and for other purposes; to the Com- 416, a bill to limit the use of cluster H.R. 326. An act to direct the Secretary of munitions. the Interior to take lands in Yuma County, mittee on the Judiciary. Arizona, into trust as part of the reservation By Mr. HARKIN (for himself and Mr. S. 422 of the Cocopah Tribe of Arizona, and for CHAMBLISS): At the request of Ms. STABENOW, the S. 519. A bill to amend the Federal Insecti- other purposes; to the Committee on Indian names of the Senator from Washington cide, Fungicide, and Rodenticide Act to im- Affairs. plement pesticide-related obligations of the (Mrs. MURRAY) and the Senator from H.R. 844. An act to amend the provisions of United States under the international con- Montana (Mr. TESTER) were added as law relating to the John H. Prescott Marine ventions or protocols known as the PIC Con- cosponsors of S. 422, a bill to amend the Mammal Rescue Assistance Grant Program, vention, the POPs Convention and the and for other purposes; to the Committee on Federal Food, Drug, and Cosmetic Act LRTAP POPs Protocol; to the Committee on Commerce, Science, and Transportation. and the Public Health Service Act to Agriculture, Nutrition, and Forestry. improve the prevention, diagnosis, and f By Mr. DURBIN: treatment of heart disease, stroke, and REPORTS OF COMMITTEES S. 520. A bill to designate the United States Courthouse under construction at 327 other cardiovascular diesases in The following reports of committees South Church Street, Rockford, Illinois, as women. were submitted: the ‘‘Stanley J. Roszkowski United States S. 423 ″ By Mr. LEVIN, from the Committee on Courthouse ; considered and passed. At the request of Mr. AKAKA, the Armed Services: By Mr. INHOFE: name of the Senator from Arkansas Special Report entitled ‘‘Report on the Ac- S. 521. A bill to enhance the oversight au- (Mrs. LINCOLN) was added as a cospon- tivities of the Committee on Armed Serv- thority of the Comptroller General of the sor of S. 423, a bill to amend title 38, United States with respect to certain ex- ices, 110th Congress, First and Second Ses- United States Code, to authorize ad- sions’’ (Rept. No. 111–5). penditures by financial institutions partici- pating in the Troubled Asset Relief Program; vance appropriations for certain med- f to the Committee on Banking, Housing, and ical care accounts of the Department of INTRODUCTION OF BILLS AND Urban Affairs. Veterans Affairs by providing two-fis- JOINT RESOLUTIONS By Mr. VITTER: cal year budget authority, and for S.J. Res. 13. A joint resolution proposing other purposes. The following bills and joint resolu- an amendment to the Constitution of the S. 428 tions were introduced, read the first United States relative to parental rights; to the Committee on the Judiciary. At the request of Mr. DORGAN, the and second times by unanimous con- name of the Senator from Wisconsin sent, and referred as indicated: f (Mr. FEINGOLD) was added as a cospon- By Mr. DURBIN (for himself, Mr. SUBMISSION OF CONCURRENT AND sor of S. 428, a bill to allow travel be- GREGG, Mr. KENNEDY, Mr. BURR, Mr. SENATE RESOLUTIONS tween the United States and Cuba. DODD, Mr. ALEXANDER, and Mr. ISAKSON): The following concurrent resolutions S. 442 S. 510. A bill to amend the Federal Food, and Senate resolutions were read, and At the request of Mr. DORGAN, the Drug, and Cosmetic Act with respect to the referred (or acted upon), as indicated: name of the Senator from Rhode Island

VerDate Nov 24 2008 02:25 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.038 S03MRPT1 wwoods2 on PRODPC68 with SENATE S2692 CONGRESSIONAL RECORD — SENATE March 3, 2009 (Mr. WHITEHOUSE) was added as a co- (Mrs. BOXER) was added as a cosponsor STATEMENTS ON INTRODUCED sponsor of S. 442, a bill to impose a lim- of S. Res. 57, a resolution designating BILLS AND JOINT RESOLUTIONS itation on lifetime aggregate limits the first week of April 2009 as ‘‘Na- By Mr. DURBIN (for himself, Mr. imposed by health plans. tional Asbestos Awareness Week’’. GREGG, Mr. KENNEDY, Mr. BURR, S. 450 AMENDMENT NO. 592 Mr. DODD, Mr. ALEXANDER, and At the request of Mr. BAUCUS, the At the request of Mr. MCCAIN, the Mr. ISAKSON): name of the Senator from Nebraska name of the Senator from Wyoming S. 510. A bill to amend the Federal (Mr. NELSON) was added as a cosponsor (Mr. ENZI) was added as a cosponsor of Food, Drug, and Cosmetic Act with re- of S. 450, a bill to understand and com- amendment No. 592 proposed to H.R. spect to the safety of the food supply; prehensively address the oral health 1105, a bill making omnibus appropria- to the Committee on Health, Edu- problems associated with methamphet- tions for the fiscal year ending Sep- cation, Labor, and Pensions. amine use. tember 30, 2009, and for other purposes. Mr. DURBIN. Mr. President, today I S. 475 rise to introduce the FDA Food Safety AMENDMENT NO. 596 At the request of Mr. BURR, the name Modernization Act. of the Senator from Nebraska (Mr. At the request of Mr. COBURN, the When I introduced this bill in the JOHANNS) was added as a cosponsor of name of the Senator from Arizona (Mr. last Congress, we were in the middle of S. 475, a bill to amend the MCCAIN) was added as a cosponsor of one of the largest food-borne illness Servicemembers Civil Relief Act to amendment No. 596 proposed to H.R. outbreaks in the history of our coun- guarantee the equity of spouses of mili- 1105, a bill making omnibus appropria- try. Nearly 1500 people fell sick last tary personnel with regard to matters tions for the fiscal year ending Sep- spring and summer because of Sal- of residency, and for other purposes. tember 30, 2009, and for other purposes. monella Saintpaul, leading to a Gov- ernment investigation that pointed the S. 478 AMENDMENT NO. 601 finger first at tomatoes and then at At the request of Mr. DEMINT, the At the request of Mr. VITTER, the jalapeno peppers in Texas before set- name of the Senator from Florida (Mr. names of the Senator from Oklahoma tling on Serrano peppers in Mexico. In MARTINEZ) was added as a cosponsor of (Mr. INHOFE) and the Senator from the meantime, more people got sick S. 478, a bill to amend the National South Carolina (Mr. DEMINT) were and the tomato industry lost up to Labor Relations Act to ensure the added as cosponsors of amendment No. hundreds of millions of dollars. right of employees to a secret-ballot 601 intended to be proposed to H.R. Less than a year later, we find our- election conducted by the National 1105, a bill making omnibus appropria- selves in the middle of yet another na- Labor Relations Board. tions for the fiscal year ending Sep- tionwide outbreak: peanut butter S. 487 tember 30, 2009, and for other purposes. tainted with Salmonella, the second At the request of Mr. HARKIN, the AMENDMENT NO. 607 case of its kind in 2 years. There is not name of the Senator from New Hamp- At the request of Mr. WICKER, the a day that goes by that we don’t hear shire (Mrs. SHAHEEN) was added as a co- names of the Senator from Wyoming about another recalled peanut butter sponsor of S. 487, a bill to amend the (Mr. ENZI), the Senator from Kentucky product or another person sick with Public Health Service Act to provide (Mr. BUNNING), the Senator from Okla- Salmonella. More than 660 people have for human embryonic stem cell re- homa (Mr. INHOFE), the Senator from been sickened, half of them children. search. Oklahoma (Mr. COBURN), the Senator At least nine people are dead. Over S. 491 from Louisiana (Mr. VITTER), the Sen- 2,600 products have been recalled, in a At the request of Mr. WEBB, the name ator from Iowa (Mr. GRASSLEY), the recall that goes back to March 2005 and of the Senator from Idaho (Mr. CRAPO) Senator from South Dakota (Mr. could continue for at least another was added as a cosponsor of S. 491, a THUNE), the Senator from Kansas (Mr. couple of years, making this one of the bill to amend the Internal Revenue ROBERTS) and the Senator from South biggest food recalls in our Nation’s his- Code of 1986 to allow Federal civilian Carolina (Mr. DEMINT) were added as tory. and military retirees to pay health in- cosponsors of amendment No. 607 pro- Unfortunately, these problems seem surance premiums on a pretax basis posed to H.R. 1105, a bill making omni- to be par for the course. In the last and to allow a deduction for TRICARE bus appropriations for the fiscal year couple of years we have seen Sal- supplemental premiums. ending September 30, 2009, and for monella in our peppers and peanut but- S. 495 other purposes. ter and E. coli in our spinach. Our food safety problems do not just start and At the request of Mr. CARDIN, the AMENDMENT NO. 608 name of the Senator from Illinois (Mr. stop at home: we have also seen chemi- At the request of Mr. COBURN, the DURBIN) was added as a cosponsor of S. cally tainted pet food, milk products, name of the Senator from Arizona (Mr. 495, a bill to increase public confidence and seafood from China. MCCAIN) was added as a cosponsor of in the justice system and address any These problems are only the tip of amendment No. 608 proposed to H.R. unwarranted racial and ethnic dispari- the iceberg. Every year, more than 76 1105, a bill making omnibus appropria- ties in the criminal process. million Americans become sick be- tions for the fiscal year ending Sep- cause of a food-borne illness, 325,000 are S. 496 tember 30, 2009, and for other purposes. hospitalized, and 5,000 die. At the request of Ms. CANTWELL, the It is clear that the Food and Drug name of the Senator from Rhode Island AMENDMENT NO. 610 Administration, who regulates these (Mr. WHITEHOUSE) was added as a co- At the request of Mr. COBURN, the foods and 80 percent of our food supply, sponsor of S. 496, a bill to provide duty- name of the Senator from Arizona (Mr. including virtually all food imports, free treatment for certain goods from MCCAIN) was added as a cosponsor of can not keep up. The agency is under- designated Reconstruction Opportunity amendment No. 610 proposed to H.R. funded and overwhelmed. It operates Zones in Afghanistan and Pakistan, 1105, a bill making omnibus appropria- under an obsolete, largely reactive 1938 and for other purposes. tions for the fiscal year ending Sep- tember 30, 2009, and for other purposes. law. Its food safety program has not S. 501 kept up with the dramatic changes in At the request of Mr. ROCKEFELLER, AMENDMENT NO. 611 our food system, and it does a poor job the name of the Senator from Michigan At the request of Mr. THUNE, the of preventing and responding to food (Ms. STABENOW) was added as a cospon- names of the Senator from Oklahoma safety problems. As a result, con- sor of S. 501, a bill to amend the Fed- (Mr. INHOFE) and the Senator from Wy- sumers suffer and so do businesses eral Food, Drug, and Cosmetic Act to oming (Mr. ENZI) were added as cospon- something we can never afford, but es- prohibit the marketing of authorized sors of amendment No. 611 intended to pecially in these trying economic generic drugs. be proposed to H.R. 1105, a bill making times. S. RES. 57 omnibus appropriations for the fiscal Our food safety system is in crisis At the request of Mr. BAUCUS, the year ending September 30, 2009, and for and it is time that we act. That’s why name of the Senator from California other purposes. Senator GREGG and I are introducing

VerDate Nov 24 2008 02:25 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.036 S03MRPT1 wwoods2 on PRODPC68 with SENATE March 3, 2009 CONGRESSIONAL RECORD — SENATE S2693 the FDA Food Safety Modernization (c) TABLE OF CONTENTS.—The table of con- (4) by inserting at the end the following: Act, a bipartisan bill that gives the tents for this Act is as follows: ‘‘(2) USE OF OR EXPOSURE TO FOOD OF CON- FDA the new authorities and resources Sec. 1. Short title; references; table of con- CERN.—If the Secretary believes that there is it needs to stop food safety problems tents. a reasonable probability that the use of or exposure to an article of food, and any other TITLE I—IMPROVING CAPACITY TO before they start. article of food that the Secretary reasonably PREVENT FOOD SAFETY PROBLEMS For the first time in history, our bill believes is likely to be affected in a similar gives the FDA a mandate to inspect: to Sec. 101. Inspections of records. manner, will cause serious adverse health increase the inspections at all food fa- Sec. 102. Registration of food facilities. consequences or death to humans or animals, cilities, including annual inspections of Sec. 103. Hazard analysis and risk-based pre- each person (excluding farms and res- high risk facilities. It requires the food ventive controls. taurants) who manufactures, processes, Sec. 104. Performance standards. packs, distributes, receives, holds, or im- industry to have in place plans that ad- Sec. 105. Standards for produce safety. dress identified hazards with the right ports such article shall, at the request of an Sec. 106. Protection against intentional officer or employee duly designated by the preventive measures. It requires all adulteration. Secretary, permit such officer or employee, testing and sampling for regulatory Sec. 107. Authority to collect fees. upon presentation of appropriate credentials purposes to be done by labs accredited Sec. 108. National agriculture and food de- and a written notice to such person, at rea- by the FDA, and requires those results fense strategy. sonable times and within reasonable limits to be sent to the agency. It also en- Sec. 109. Food and Agriculture Coordinating and in a reasonable manner, to have access ables the FDA to more effectively re- Councils. to and copy all records relating to such arti- Sec. 110. Building domestic capacity. cle and to any other article of food that the spond to an outbreak by giving the Sec. 111. Final rule for prevention of Sal- agency new authorities to order re- Secretary reasonably believes is likely to be monella Enteritidis in shell affected in a similar manner, that are needed calls, shut down tainted facilities, and eggs during production. to assist the Secretary in determining access records. Sec. 112. Sanitary transportation of food. whether there is a reasonable probability This bill is proof that food safety is Sec. 113. Food allergy and anaphylaxis man- that the use of or exposure to the food will not a Democratic issue or a Republican agement. cause serious adverse health consequences or one. Everyone eats. All Americans TITLE II—IMPROVING CAPACITY TO DE- death to humans or animals. have a right to know that the food we TECT AND RESPOND TO FOOD SAFETY ‘‘(3) APPLICATION.—The requirement under buy for our families and our pets is PROBLEMS paragraphs (1) and (2) applies to all records safe. We should not have to worry Sec. 201. Targeting of inspection resources relating to the manufacture, processing, about getting sick, or worse. If there’s for domestic facilities, foreign packing, distribution, receipt, holding, or importation of such article maintained by or a problem, our Government should be facilities, and ports of entry; annual report. on behalf of such person in any format (in- able to catch it and fix it before people cluding paper and electronic formats) and at die. Sec. 202. Recognition of laboratory accredi- tation for analyses of foods. any location.’’. I thank Senators KENNEDY, DODD, Sec. 203. Integrated consortium of labora- (b) CONFORMING AMENDMENT.—Section KLOBUCHAR, BURR, ALEXANDER, and tory networks. 704(a)(1)(B) (21 U.S.C. 374(a)(1)(B)) is amended CHAMBLISS for joining me in this effort. Sec. 204. Enhancing traceback and record- by striking ‘‘section 414 when’’ and all that I also want to thank the consumer, keeping. follows through ‘‘subject to’’ and inserting ‘‘section 414, when the standard for record public health, and industry groups who Sec. 205. Surveillance. inspection under paragraph (1) or (2) of sec- Sec. 206. Mandatory recall authority. have helped us craft a strong bill for tion 414(a) applies, subject to’’. Sec. 207. Administrative detention of food. their support: Consumer Federation of SEC. 102. REGISTRATION OF FOOD FACILITIES. America, Center for Science in the Sec. 208. Decontamination and disposal standards and plans. (a) UPDATING OF FOOD CATEGORY REGULA- Public Interest, Consumers Union, TIONS; BIENNIAL REGISTRATION RENEWAL.— Trust for America’s Health, Grocery TITLE III—IMPROVING THE SAFETY OF Section 415(a) (21 U.S.C. 350d(a)) is amend- IMPORTED FOOD Manufacturers of America, American ed— Feed Industry Association, American Sec. 301. Foreign supplier verification pro- (1) in paragraph (2), by— gram. (A) striking ‘‘conducts business and’’ and Frozen Food Institute, Food Marketing Sec. 302. Voluntary qualified importer pro- inserting ‘‘conducts business, the e-mail ad- Institute, National Fisheries Institute, gram. dress for the contact person of the facility and American Spice Trade Association. Sec. 303. Authority to require import certifi- or, in the case of a foreign facility, the This bill is a comprehensive, bipar- cations for food. United States agent for the facility, and’’; tisan effort that improves the FDA’s Sec. 304. Prior notice of imported food ship- and ability to prevent, detect, and respond ments. (B) inserting ‘‘, or any other food cat- to food safety problems, whether this Sec. 305. Review of a regulatory authority of egories as determined appropriate by the means Salmonella-tainted peanut but- a foreign country. Secretary, including by guidance)’’ after Sec. 306. Building capacity of foreign gov- ter from Georgia or melamine-spiked ‘‘Code of Federal Regulations’’; ernments with respect to food. (2) by redesignating paragraphs (3) and (4) candy from China. It’s the first step to- Sec. 307. Inspection of foreign food facilities. as paragraphs (4) and (5), respectively; and wards building a food safety system Sec. 308. Accreditation of qualified third- (3) by inserting after paragraph (2) the fol- that is science and risk-based, account- party auditors and audit lowing: able to consumers, more transparent, agents. ‘‘(3) BIENNIAL REGISTRATION RENEWAL.— and focused on prevention. I urge my Sec. 309. Foreign offices of the Food and During the period beginning on October 1 colleagues to support this bill. Drug Administration. and ending on December 31 of each even- Mr. President, I ask unanimous con- TITLE IV—MISCELLANEOUS PROVISIONS numbered year, a registrant that has sub- sent that the text of the bill be printed Sec. 401. Funding for food safety. mitted a registration under paragraph (1) shall submit to the Secretary a renewal reg- in the RECORD. Sec. 402. Jurisdiction; authorities. There being no objection, the text of istration containing the information de- TITLE I—IMPROVING CAPACITY TO scribed in paragraph (2). The Secretary shall the bill was ordered to be placed in the PREVENT FOOD SAFETY PROBLEMS provide for an abbreviated registration re- RECORD, as follows: SEC. 101. INSPECTIONS OF RECORDS. newal process for any registrant that has not S. 510 (a) IN GENERAL.—Section 414(a) (21 U.S.C. had any changes to such information since Be it enacted by the Senate and House of Rep- 350c(a)) is amended— the registrant submitted the preceding reg- resentatives of the United States of America in (1) by striking the heading and all follows istration or registration renewal for the fa- Congress assembled, through ‘‘of food is’’ and inserting the fol- cility involved.’’. SECTION 1. SHORT TITLE; REFERENCES; TABLE lowing: ‘‘RECORDS INSPECTION.— (b) SUSPENSION OF REGISTRATION.— OF CONTENTS. ‘‘(1) ADULTERATED FOOD.—If the Secretary (1) IN GENERAL.—Section 415 (21 U.S.C. 350d) (a) SHORT TITLE.—This Act may be cited as has a reasonable belief that an article of is amended— the ‘‘FDA Food Safety Modernization Act’’. food, and any other article of food that the (A) in subsection (a)(2), by inserting after (b) REFERENCES.—Except as otherwise Secretary reasonably believes is likely to be the first sentence the following: ‘‘The reg- specified, whenever in this Act an amend- affected in a similar manner, is’’; istration shall contain an assurance that the ment is expressed in terms of an amendment (2) by inserting ‘‘, and to any other article Secretary will be permitted to inspect such to a section or other provision, the reference of food that the Secretary reasonably be- facility at the times and in the manner per- shall be considered to be made to a section lieves is likely to be affected in a similar mitted by this Act.’’; or other provision of the Federal Food, Drug, manner,’’ after ‘‘relating to such article’’; (B) by redesignating subsections (b) and (c) and Cosmetic Act (21 U.S.C. 301 et seq.). (3) by striking the last sentence; and as subsections (c) and (d), respectively; and

VerDate Nov 24 2008 02:25 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.012 S03MRPT1 wwoods2 on PRODPC68 with SENATE S2694 CONGRESSIONAL RECORD — SENATE March 3, 2009 (C) by inserting after subsection (a) the fol- essed, packed, or held by such facility, iden- tion that the plan is being implemented, lowing: tify and implement preventive controls to shall be made promptly available to a duly ‘‘(b) SUSPENSION OF REGISTRATION.— significantly minimize or prevent their oc- authorized representative of the Secretary ‘‘(1) IN GENERAL.—If the Secretary deter- currence and provide assurances that such upon oral or written request. mines that food manufactured, processed, food is not adulterated under section 402 or ‘‘(i) REQUIREMENT TO REANALYZE.—Each packed, or held by a facility registered under misbranded under section 403(w), monitor owner, operator, or agent in charge of a fa- this section has a reasonable probability of the performance of those controls, and main- cility shall conduct a reanalysis under sub- causing serious adverse health consequences tain records of this monitoring as a matter section (b) whenever a significant change is or death to humans or animals, the Sec- of routine practice. made in the activities conducted at a facility retary may by order suspend the registration ‘‘(b) HAZARD ANALYSIS.—The owner, oper- operated by such owner, operator, or agent if of the facility under this section in accord- ator, or agent in charge of a facility shall— the change creates a reasonable potential for ance with this subsection. ‘‘(1) identify and evaluate known or rea- a new hazard or a significant increase in a previously identified hazard or not less fre- ‘‘(2) HEARING ON SUSPENSION.—The Sec- sonably foreseeable hazards that may be as- retary shall provide the registrant subject to sociated with the facility, including— quently than once every 3 years, whichever an order under paragraph (1) with an oppor- ‘‘(A) biological, chemical, physical, and ra- is earlier. Such reanalysis shall be completed and additional preventive controls needed to tunity for an informal hearing, to be held as diological hazards, natural toxins, pes- address the hazard identified, if any, shall be soon as possible but not later than 2 days ticides, drug residues, decomposition, implemented before the change in activities after the issuance of the order, on the ac- parasites, allergens, and unapproved food at the facility is commenced. Such owner, tions required for reinstatement of registra- and color additives; and operator, or agent shall revise the written tion and why the registration that is subject ‘‘(B) hazards that occur naturally, may be unintentionally introduced, or may be inten- plan required under subsection (h) if such a to suspension should be reinstated. The Sec- significant change is made or document the tionally introduced, including by acts of ter- retary shall reinstate a registration if the basis for the conclusion that no additional or rorism; and Secretary determines, based on evidence pre- revised preventive controls are needed. The ‘‘(2) develop a written analysis of the haz- sented, that adequate grounds do not exist to Secretary may require a reanalysis under ards. continue the suspension of the registration. this section to respond to new hazards and ‘‘(c) PREVENTIVE CONTROLS.—The owner, ‘‘(3) POST-HEARING CORRECTIVE ACTION developments in scientific understanding. operator, or agent in charge of a facility PLAN; VACATING OF ORDER.— ‘‘(j) DEEMED COMPLIANCE OF SEAFOOD, shall identify and implement preventive con- ‘‘(A) CORRECTIVE ACTION PLAN.—If, after JUICE, AND LOW-ACID CANNED FOOD FACILI- trols, including at critical control points, if providing opportunity for an informal hear- TIES IN COMPLIANCE WITH HACCP.—An ing under paragraph (2), the Secretary deter- any, to provide assurances that— owner, operator, or agent in charge of a fa- mines that the suspension of registration re- ‘‘(1) hazards identified in the hazard anal- cility required to comply with 1 of the fol- mains necessary, the Secretary shall require ysis conducted under subsection (b) will be lowing standards and regulations with re- the registrant to submit a corrective action significantly minimized or prevented; and spect to such facility shall be deemed to be plan to demonstrate how the registrant ‘‘(2) the food manufactured, processed, in compliance with this section, with respect plans to correct the conditions found by the packed, or held by such facility will not be to such facility: Secretary. The Secretary shall review such adulterated under section 402 or misbranded ‘‘(1) The Seafood Hazard Analysis Critical plan in a timely manner. under section 403(w). Control Points Program of the Food and ‘‘(B) VACATING OF ORDER.—Upon a deter- ‘‘(d) MONITORING OF EFFECTIVENESS.—The Drug Administration. mination by the Secretary that adequate owner, operator, or agent in charge of a fa- ‘‘(2) The Juice Hazard Analysis Critical grounds do not exist to continue the suspen- cility shall monitor the effectiveness of the Control Points Program of the Food and sion actions required by the order, or that preventive controls implemented under sub- Drug Administration. such actions should be modified, the Sec- section (c) to provide assurances that the ‘‘(3) The Thermally Processed Low-Acid retary shall vacate the order or modify the outcomes described in subsection (c) shall be Foods Packaged in Hermetically Sealed Con- order. achieved. tainers standards of the Food and Drug Ad- ‘‘(e) CORRECTIVE ACTIONS.—The owner, op- ‘‘(4) EFFECT OF SUSPENSION.—If the reg- ministration (or any successor standards). erator, or agent in charge of a facility shall istration of a facility is suspended under this ‘‘(k) EXCEPTION FOR FACILITIES IN COMPLI- establish procedures that a facility will im- subsection, such facility shall not import ANCE WITH SECTION 419.—This section shall plement if the preventive controls imple- food or offer to import food into the United not apply to a facility that is subject to sec- mented under subsection (c) are found to be States, or otherwise introduce food into tion 419. ineffective through monitoring under sub- interstate commerce in the United States. ‘‘(l) AUTHORITY WITH RESPECT TO CERTAIN section (d). FACILITIES.—The Secretary may, by regula- ‘‘(5) REGULATIONS.—The Secretary shall ‘‘(f) VERIFICATION.—The owner, operator, or tion, exempt or modify the requirements for promulgate regulations that describe the agent in charge of a facility shall verify compliance under this section with respect standards officials will use in making a de- that— to facilities that are solely engaged in the termination to suspend a registration, and ‘‘(1) the preventive controls implemented production of food for animals other than the format such officials will use to explain under subsection (c) are adequate to control man or the storage of packaged foods that to the registrant the conditions found at the the hazards identified under subsection (b); are not exposed to the environment. facility. ‘‘(2) the owner, operator, or agent is con- ‘‘(m) DEFINITIONS.—For purposes of this ‘‘(6) NO DELEGATION.—The authority con- ducting monitoring in accordance with sub- section: ferred by this subsection to issue an order to section (d); ‘‘(1) CRITICAL CONTROL POINT.—The term suspend a registration or vacate an order of ‘‘(3) the owner, operator, or agent is mak- ‘critical control point’ means a point, step, suspension shall not be delegated to any offi- ing appropriate decisions about corrective or procedure in a food process at which con- cer or employee other than the Commis- actions taken under subsection (e); and trol can be applied and is essential to pre- sioner.’’. ‘‘(4) there is documented, periodic reanaly- vent or eliminate a food safety hazard or re- (2) IMPORTED FOOD.—Section 801(l) (21 sis of the plan under subsection (i) to ensure duce it to an acceptable level. U.S.C. 381(l)) is amended by inserting ‘‘(or for that the plan is still relevant to the raw ma- ‘‘(2) FACILITY.—The term ‘facility’ means a which a registration has been suspended terials, as well as to conditions and processes domestic facility or a foreign facility that is under such section)’’ after ‘‘section 415’’. in the facility, and to new and emerging required to register under section 415. (c) CONFORMING AMENDMENTS.— threats. ‘‘(3) PREVENTIVE CONTROLS.—The term ‘pre- (1) Section 301(d) (21 U.S.C. 331(d)) is ‘‘(g) RECORDKEEPING.—The owner, operator, ventive controls’ means those risk-based, amended by inserting ‘‘415,’’ after ‘‘404,’’. or agent in charge of a facility shall main- reasonably appropriate procedures, prac- (2) Section 415(d), as redesignated by sub- tain, for not less than 2 years, records docu- tices, and processes that a person knowledge- section (b), is amended by adding at the end menting the monitoring of the preventive able about the safe manufacturing, proc- before the period ‘‘for a facility to be reg- controls implemented under subsection (c), essing, packing, or holding of food would istered, except with respect to the reinstate- instances of nonconformance material to have employed to significantly minimize or ment of a registration that is suspended food safety, instances when corrective ac- prevent the hazards identified under the haz- under subsection (b)’’. tions were implemented, and the efficacy of ard analysis conducted under subsection (a) SEC. 103. HAZARD ANALYSIS AND RISK-BASED preventive controls and corrective actions. and that are consistent with the current sci- PREVENTIVE CONTROLS. ‘‘(h) WRITTEN PLAN AND DOCUMENTATION.— entific understanding of safe food manufac- (a) IN GENERAL.—Chapter IV (21 U.S.C. 341 Each owner, operator, or agent in charge of turing, processing, packing, or holding at the et seq.) is amended by adding at the end the a facility shall prepare a written plan that time of the analysis. Those procedures, prac- following: documents and describes the procedures used tices, and processes may include the fol- ‘‘SEC. 418. HAZARD ANALYSIS AND RISK-BASED by the facility to comply with the require- lowing: PREVENTIVE CONTROLS. ments of this section, including analyzing ‘‘(A) Sanitation procedures for food con- ‘‘(a) IN GENERAL.—Each owner, operator, or the hazards under subsection (b) and identi- tact surfaces and utensils and food-contact agent in charge of a facility shall, in accord- fying the preventive controls adopted to ad- surfaces of equipment. ance with this section, evaluate the hazards dress those hazards under subsection (c). ‘‘(B) Supervisor, manager, and employee that could affect food manufactured, proc- Such written plan, together with documenta- hygiene training.

VerDate Nov 24 2008 02:25 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.061 S03MRPT1 wwoods2 on PRODPC68 with SENATE March 3, 2009 CONGRESSIONAL RECORD — SENATE S2695 ‘‘(C) An environmental monitoring pro- taminants and, when appropriate to reduce be reasonably necessary to prevent the intro- gram to verify the effectiveness of pathogen the risk of serious illness or death to humans duction of known or reasonably foreseeable controls. or animals or to prevent the adulteration of biological, chemical, and physical hazards, ‘‘(D) An allergen control program. the food under section 402 of the Federal including hazards that occur naturally, may ‘‘(E) A recall contingency plan. Food, Drug, or Cosmetic Act, (21 U.S.C. 342) be unintentionally introduced, or may be in- ‘‘(F) Good Manufacturing Practices or to prevent the spread of communicable tentionally introduced, including by acts of (GMPs). disease under section 361 of the Public terrorism, into fruits and vegetables that are ‘‘(G) Supplier verification activities.’’. Health Service Act (42 U.S.C. 264), shall issue raw agricultural commodities and to provide (b) REGULATIONS.— contaminant-specific and science-based guid- reasonable assurances that the produce is (1) IN GENERAL.—The Secretary of Health ance documents, actions levels, or regula- not adulterated under section 402; and and Human Services (referred to in this Act tions. Such guidance, action levels, or regu- ‘‘(B) permit States and foreign countries as the ‘‘Secretary’’) shall promulgate regula- lations shall apply to products or product from which food is imported into the United tions to establish science-based minimum classes and shall not be written to be facil- States, subject to paragraph (2), to request standards for conducting a hazard analysis, ity-specific. from the Secretary variances from the re- documenting hazards, implementing preven- SEC. 105. STANDARDS FOR PRODUCE SAFETY. quirements of the regulations, where upon tive controls, and documenting the imple- (a) IN GENERAL.—Chapter IV (21 U.S.C. 341 approval of the Secretary, the variance is mentation of the preventive controls under et seq.), as amended by section 103, is amend- considered permissible under the require- section 418 of the Federal Food, Drug, and ed by adding at the end the following: ments of the regulations adopted under sub- Cosmetic Act (as added by subsection (a)). ‘‘SEC. 419. STANDARDS FOR PRODUCE SAFETY. section (b)(2)(C) and where the State or for- (2) CONTENT.—The regulations promulgated ‘‘(a) PROPOSED RULEMAKING.— eign country determines that the variance is under paragraph (1) shall provide sufficient ‘‘(1) IN GENERAL.—Not later than 1 year necessary in light of local growing condi- flexibility to be applicable in all situations, after the date of enactment of the FDA Food tions and that the procedures, processes, and including in the operations of small busi- Safety Modernization Act, the Secretary, in practices to be followed under the variance nesses. consultation with the Secretary of Agri- are reasonably likely to ensure that the (3) RULE OF CONSTRUCTION.—Nothing in this culture and representatives of State depart- produce is not adulterated under section 402 subsection shall be construed to provide the ments of agriculture, shall publish a notice to the same extent as the requirements of Secretary with the authority to apply spe- of proposed rulemaking to establish science- the regulation adopted under subsection (b). based minimum standards for the safe pro- cific technologies, practices, or critical con- ‘‘(2) APPROVAL OF VARIANCES.—A State or trols to an individual facility. duction and harvesting of those types of foreign country from which food is imported fruits and vegetables that are raw agricul- (4) REVIEW.—In promulgating the regula- into the United States shall request a vari- tions under paragraph (1), the Secretary tural commodities for which the Secretary ance from the Secretary in writing. The Sec- shall review regulatory hazard analysis and has determined that such standards mini- retary may deny such a request as not rea- preventive control programs in existence on mize the risk of serious adverse health con- sonably likely to ensure that the produce is sequences or death. the date of enactment of this Act to ensure not adulterated under section 402 to the ‘‘(2) PUBLIC INPUT.—During the comment that the program under such section 418 is same extent as the requirements of the regu- period on the notice of proposed rulemaking consistent, to the extent practicable, with lation adopted under subsection (b). under paragraph (1), the Secretary shall con- applicable internationally recognized stand- duct not less than 3 public meetings in di- ‘‘(d) ENFORCEMENT.—The Secretary may ards in existence on such date. verse geographical areas of the United States coordinate with the Secretary of Agriculture (c) GUIDANCE DOCUMENT.—The Secretary to provide persons in different regions an op- and shall contract and coordinate with the shall issue a guidance document related to portunity to comment. agency or department designated by the hazard analysis and preventive controls re- ‘‘(3) CONTENT.—The proposed rulemaking Governor of each State to perform activities quired under section 418 of the Federal Food, under paragraph (1) shall— to ensure compliance with this section. Drug, and Cosmetic Act (as added by sub- ‘‘(A) include, with respect to growing, har- ‘‘(e) GUIDANCE.—Not later than 1 year after section (a)). vesting, sorting, and storage operations, the date of enactment of the FDA Food Safe- (d) PROHIBITED ACTS.—Section 301 (21 minimum standards related to soil amend- ty Modernization Act, the Secretary shall U.S.C. 331) is amended by adding at the end ments, hygiene, packaging, temperature con- publish, after consultation with the Sec- the following: trols, animal encroachment, and water; and retary of Agriculture and representatives of ‘‘(oo) The operation of a facility that man- ‘‘(B) consider hazards that occur naturally, State departments of agriculture, updated ufacturers, processes, packs, or holds food may be unintentionally introduced, or may good agricultural practices and guidance for for sale in the United States if the owner, op- be intentionally introduced, including by the safe production and harvesting of spe- erator, or agent in charge of such facility is acts of terrorism. cific types of fresh produce. not in compliance with section 418.’’. ‘‘(4) PRIORITIZATION.—The Secretary shall ‘‘(f) EXCEPTION FOR FACILITIES IN COMPLI- (e) NO EFFECT ON HACCP AUTHORITIES.— prioritize the implementation of the regula- ANCE WITH SECTION 418.—This section shall Nothing in the amendments made by this tions for specific fruits and vegetables that not apply to a facility that is subject to sec- section limits the authority of the Secretary are raw agricultural commodities that have tion 418.’’. under the Federal Food, Drug, and Cosmetic been associated with food-borne illness out- (b) PROHIBITED ACTS.—Section 301 (21 Act (21 U.S.C. 301 et seq.) or the Public breaks. U.S.C. 331), as amended by section 103, is Health Service Act (42 U.S.C. 201 et seq.) to ‘‘(b) FINAL REGULATION.— amended by adding at the end the following: revise, issue, or enforce product and cat- ‘‘(1) IN GENERAL.—Not later than 1 year ‘‘(pp) The production or harvesting of egory-specific regulations, such as the Sea- after the close of the comment period for the produce not in accordance with minimum food Hazard Analysis Critical Controls proposed rulemaking under subsection (a), standards as provided by regulation under Points Program, the Juice Hazard Analysis the Secretary shall adopt a final regulation section 419(b) or a variance issued under sec- Critical Control Program, and the Thermally to provide for minimum standards for those tion 419(c).’’. Processed Low-Acid Foods Packaged in Her- types of fruits and vegetables that are raw metically Sealed Containers standards. (c) NO EFFECT ON HACCP AUTHORITIES.— agricultural commodities for which the Sec- Nothing in the amendments made by this (f) EFFECTIVE DATE.— retary has determined that such standards section limits the authority of the Secretary (1) GENERAL RULE.—The amendments made minimize the risk of serious adverse health under the Federal Food, Drug, and Cosmetic by this section shall take effect 18 months consequences or death. after the date of enactment of this Act. Act (21 U.S.C. 301 et seq.) or the Public ‘‘(2) FINAL REGULATION.—The final regula- Health Service Act (42 U.S.C. 201 et seq.) to (2) EXCEPTIONS.—Notwithstanding para- tion shall— revise, issue, or enforce product and cat- graph (1)— ‘‘(A) provide a reasonable period of time (A) the amendments made by this section egory-specific regulations, such as the Sea- for compliance, taking into account the food Hazard Analysis Critical Controls shall apply to a small business (as defined by needs of small businesses for additional time the Secretary) after the date that is 2 years Points Program, the Juice Hazard Analysis to comply; Critical Control Program, and the Thermally after the date of enactment of this Act; and ‘‘(B) provide for coordination of education (B) the amendments made by this section Processed Low-Acid Foods Packaged in Her- and enforcement activities by State and metically Sealed Containers standards. shall apply to a very small business (as de- local officials, as designated by the Gov- fined by the Secretary) after the date that is SEC. 106. PROTECTION AGAINST INTENTIONAL ernors of the respective States; and ADULTERATION. 3 years after the date of enactment of this ‘‘(C) include a description of the variance Act. process under subsection (c) and the types of (a) IN GENERAL.—Chapter IV (21 U.S.C. 341 SEC. 104. PERFORMANCE STANDARDS. permissible variances the Secretary may et seq.), as amended by section 105, is amend- The Secretary shall, not less frequently grant. ed by adding at the end the following: than every 2 years, review and evaluate rel- ‘‘(c) CRITERIA.— ‘‘SEC. 420. PROTECTION AGAINST INTENTIONAL evant health data and other relevant infor- ‘‘(1) IN GENERAL.—The regulations adopted ADULTERATION. mation, including from toxicological and ep- under subsection (b) shall— ‘‘(a) IN GENERAL.—Not later than 24 idemiological studies and analyses, to deter- ‘‘(A) set forth those procedures, processes, months after the date of enactment of the mine the most significant food-borne con- and practices as the Secretary determines to FDA Food Safety Modernization Act, the

VerDate Nov 24 2008 02:25 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.061 S03MRPT1 wwoods2 on PRODPC68 with SENATE S2696 CONGRESSIONAL RECORD — SENATE March 3, 2009 Secretary, in consultation with the Sec- ‘‘(qq) The failure to comply with section ‘‘(iii) under subparagraph (C) of subsection retary of Homeland Security and the Sec- 420.’’. (a)(1) for a fiscal year shall be based on the retary of Agriculture, shall promulgate regu- SEC. 107. AUTHORITY TO COLLECT FEES. Secretary’s estimate of 100 percent of the lations to protect against the intentional (a) FEES FOR REINSPECTION, RECALL, AND costs of the activities described in such sub- adulteration of food subject to this Act. IMPORTATION ACTIVITIES.—Subchapter C of paragraph (C) for such year; and ‘‘(b) CONTENT OF REGULATIONS.—Regula- chapter VII (21 U.S.C. 379f et seq.) is amended ‘‘(iv) under subparagraph (D) of subsection tions under subsection (a) shall only apply to by inserting after section 740 the following: (a)(1) for a fiscal year shall be based on the food— ‘‘PART 5—FEES RELATED TO FOOD Secretary’s estimate of 100 percent of the ‘‘(1) for which the Secretary has identified ‘‘SEC. 740A. AUTHORITY TO COLLECT AND USE costs of the activities described in such sub- clear vulnerabilities (such as short shelf-life paragraph (D) for such year. or susceptibility to intentional contamina- FEES. ‘‘(B) OTHER CONSIDERATIONS.— tion at critical control points); ‘‘(a) IN GENERAL.— ‘‘(i) VOLUNTARY QUALIFIED IMPORTER PRO- ‘‘(2) in bulk or batch form, prior to being ‘‘(1) PURPOSE AND AUTHORITY.—For fiscal GRAM.— packaged for the final consumer; and year 2010 and each subsequent fiscal year, ‘‘(I) PARTICIPATION.—In establishing the fee ‘‘(3) for which there is a high risk of inten- the Secretary shall, in accordance with this amounts under subparagraph (A)(iii) for a tional contamination, as determined by the section, assess and collect fees from— fiscal year, the Secretary shall provide for Secretary, that could cause serious adverse ‘‘(A) each domestic facility (as defined in health consequences or death to humans or section 415(b)) subject to a reinspection in the number of importers who have submitted animals. such fiscal year, to cover reinspection-re- to the Secretary a notice under section 806(e) ‘‘(c) DETERMINATIONS.—In making the de- lated costs for such year; informing the Secretary of the intent of such termination under subsection (b)(3), the Sec- ‘‘(B) each domestic facility (as defined in importer to participate in the program under retary shall— section 415(b)) and importer subject to a food section 806 in such fiscal year. ‘‘(1) conduct vulnerability assessments of recall in such fiscal year, to cover food recall ‘‘(II) RECOUPMENT.—In establishing the fee the food system; activities performed by the Secretary, in- amounts under subparagraph (A)(iii) for the ‘‘(2) consider the best available under- cluding technical assistance, follow-up effec- first 5 fiscal years after the date of enact- standing of uncertainties, risks, costs, and tiveness checks, and public notifications, for ment of this section, the Secretary shall in- benefits associated with guarding against in- such year; clude in such fee a reasonable surcharge that tentional adulteration at vulnerable points; ‘‘(C) each importer participating in the provides a recoupment of the costs expended and voluntary qualified importer program under by the Secretary to establish and implement ‘‘(3) determine the types of science-based section 806 in such year, to cover the admin- the first year of the program under section mitigation strategies or measures that are istrative costs such program for such year; 806. necessary to protect against the intentional and ‘‘(ii) CREDITING OF FEES.—In establishing adulteration of food. ‘‘(D) each importer subject to a reinspec- the fee amounts under subparagraph (A) for ‘‘(d) EXCEPTION.—This section shall not tion in such fiscal year at a port of entry, to a fiscal year, the Secretary shall provide for apply to food produced on farms, except for cover reinspection-related costs at ports of the crediting of fees from the previous year milk. entry for such year. to the next year if the Secretary overesti- ‘‘(e) DEFINITION.—For purposes of this sec- ‘‘(2) DEFINITIONS.—For purposes of this sec- mated the amount of fees needed to carry tion, the term ‘farm’ has the meaning given tion— out such activities, and consider the need to that term in section 1.227 of title 21, Code of ‘‘(A) the term ‘reinspection’ means— account for any adjustment of fees and such Federal Regulations (or any successor regu- ‘‘(i) with respect to domestic facilities (as other factors as the Secretary determines lation).’’. defined in section 415(b)), 1 or more inspec- appropriate. (b) GUIDANCE DOCUMENTS.— tions conducted under section 704 subsequent SE OF FEES (1) IN GENERAL.—Not later than 1 year after ‘‘(3) U .—The Secretary shall to an inspection conducted under such provi- the date of enactment of this Act, the Sec- make all of the fees collected pursuant to sion which identified noncompliance materi- retary, in consultation with the Secretary of clause (i), (ii), (iii), and (iv) of paragraph ally related to a food safety requirement of Homeland Security and the Secretary of Ag- (2)(A) available solely to pay for the costs re- this Act, specifically to determine whether riculture, shall issue guidance documents re- ferred to in such clause (i), (ii), (iii), and (iv) compliance has been achieved to the Sec- lated to protection against the intentional of paragraph (2)(A), respectively. retary’s satisfaction; and adulteration of food, including mitigation ‘‘(4) COMPLIANCE WITH INTERNATIONAL ‘‘(ii) with respect to importers, 1 or more strategies or measures to guard against such AGREEMENTS.—Nothing in this section shall adulteration as required under section 420 of examinations conducted under section 801 be construed to authorize the assessment of the Federal Food, Drug, and Cosmetic Act, subsequent to an examination conducted any fee inconsistent with the agreement es- as added by subsection (a). under such provision which identified non- tablishing the World Trade Organization or compliance materially related to a food safe- (2) CONTENT.—The guidance document any other treaty or international agreement issued under paragraph (1) shall— ty requirement of this Act, specifically to to which the United States is a party. determine whether compliance has been (A) specify how a person shall assess ‘‘(c) LIMITATIONS.— whether the person is required to implement achieved to the Secretary’s satisfaction; and ‘‘(1) IN GENERAL.—Fees under subsection (a) mitigation strategies or measures intended ‘‘(B) the term ‘reinspection-related costs’ means all expenses, including administrative shall be refunded for a fiscal year beginning to protect against the intentional adultera- after fiscal year 2010 unless appropriations tion of food; expenses, incurred in connection with— for the Center for Food Safety and Applied (B) specify appropriate science-based miti- ‘‘(i) arranging, conducting, and evaluating Nutrition and the Center for Veterinary gation strategies or measures to prepare and the results of reinspections; and Medicine and related activities of the Office protect the food supply chain at specific vul- ‘‘(ii) assessing and collecting reinspection of Regulatory Affairs at the Food and Drug nerable points, as appropriate; fees under this section. Administration for such fiscal year (exclud- (C) include a model assessment for a person ‘‘(b) ESTABLISHMENT OF FEES.— ing the amount of fees appropriated for such to use under subparagraph (A); ‘‘(1) IN GENERAL.—Subject to subsections fiscal year) are equal to or greater than the (D) include examples of mitigation strate- (c) and (d), the Secretary shall establish the amount of appropriations for the Center for gies or measures described in subparagraph fees to be collected under this section for (B); and each fiscal year specified in subsection (a)(1), Food Safety and Applied Nutrition and the (E) specify situations in which the exam- based on the methodology described under Center for Veterinary Medicine and related ples of mitigation strategies or measures de- paragraph (2), and shall publish such fees in activities of the Office of Regulatory Affairs scribed in subparagraph (D) are appropriate. a Federal Register notice not later than 60 at the Food and Drug Administration for the days before the start of each such year. preceding fiscal year (excluding the amount (3) LIMITED DISTRIBUTION.—In the interest of national security, the Secretary, in con- ‘‘(2) FEE METHODOLOGY.— of fees appropriated for such fiscal year) sultation with the Secretary of Homeland ‘‘(A) FEES.—Fees amounts established for multiplied by 1 plus 4.5 percent. Security, may determine the time and man- collection— ‘‘(2) AUTHORITY.—If the Secretary does not ner in which the guidance documents issued ‘‘(i) under subparagraph (A) of subsection assess fees under subsection (a) during any under paragraph (1) are made public, includ- (a)(1) for a fiscal year shall be based on the portion of a fiscal year because of paragraph ing by releasing such documents to targeted Secretary’s estimate of 100 percent of the (1) and if at a later date in such fiscal year audiences. costs of the reinspection-related activities the Secretary may assess such fees, the Sec- (c) PERIODIC REVIEW.—The Secretary shall (including by type or level of reinspection retary may assess and collect such fees, periodically review and, as appropriate, up- activity, as the Secretary determines appli- without any modification in the rate, under date the regulation under subsection (a) and cable) described in such subparagraph (A) for subsection (a), notwithstanding the provi- the guidance documents under subsection such year; sions of subsection (a) relating to the date (b). ‘‘(ii) under subparagraph (B) of subsection fees are to be paid. (d) PROHIBITED ACTS.—Section 301 (21 (a)(1) for a fiscal year shall be based on the ‘‘(3) LIMITATION ON AMOUNT OF CERTAIN U.S.C. 331 et seq.), as amended by section 105, Secretary’s estimate of 100 percent of the FEES.— is amended by adding at the end the fol- costs of the activities described in such sub- ‘‘(A) IN GENERAL.—Notwithstanding any lowing: paragraph (B) for such year; other provision of this section and subject to

VerDate Nov 24 2008 02:25 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.061 S03MRPT1 wwoods2 on PRODPC68 with SENATE March 3, 2009 CONGRESSIONAL RECORD — SENATE S2697 subparagraph (B), the Secretary may not col- such basis, and in such form (including a (ii) conducting surveillance to prevent the lect fees in a fiscal year such that the publicly available listing) as the Secretary spread of diseases. amount collected— determines appropriate.’’. (C) EMERGENCY RESPONSE GOAL.—Ensure an ‘‘(i) under subparagraph (B) of subsection SEC. 108. NATIONAL AGRICULTURE AND FOOD efficient response to agriculture and food (a)(1) exceeds $20,000,000; and DEFENSE STRATEGY. emergencies by— ‘‘(ii) under subparagraphs (A) and (D) of (a) DEVELOPMENT AND SUBMISSION OF (i) immediately investigating animal dis- subsection (a)(1) exceeds $25,000,000 com- STRATEGY.— ease outbreaks and suspected food contami- bined. (1) IN GENERAL.—Not later than 1 year after nation; ‘‘(B) EXCEPTION.—If a domestic facility (as the date of enactment of this Act, the Sec- (ii) preventing additional human illnesses; defined in section 415(b)) or an importer be- retary of Health and Human Services and the (iii) organizing, training, and equipping comes subject to a fee described in subpara- Secretary of Agriculture, in coordination animal, plant, and food emergency response graph (A), (B), or (D) of subsection (a)(1) with the Secretary of Homeland Security, teams of— after the maximum amount of fees has been shall prepare and submit to the relevant (I) the Federal Government; and collected by the Secretary under subpara- committees of Congress, and make publicly (II) State, local, and tribal governments; graph (A), the Secretary may collect a fee available on the Internet Web site of the De- (iv) designing, developing, and evaluating from such facility or importer. partment of Health and Human Services and training and exercises carried out under ag- ‘‘(d) CREDITING AND AVAILABILITY OF the Department of Agriculture, the National riculture and food defense plans; and FEES.—Fees authorized under subsection (a) Agriculture and Food Defense Strategy. (v) ensuring consistent and organized risk shall be collected and available for obliga- (2) IMPLEMENTATION PLAN.—The strategy communication to the public by— tion only to the extent and in the amount (I) the Federal Government; provided in appropriations Acts. Such fees shall include an implementation plan for use by the Secretaries described under paragraph (II) State, local, and tribal governments; are authorized to remain available until ex- and pended. Such sums as may be necessary may (1) in carrying out the strategy. (III) the private sector. be transferred from the Food and Drug Ad- (3) RESEARCH.—The strategy shall include (D) RECOVERY GOAL.—Secure agriculture ministration salaries and expenses account a coordinated research agenda for use by the and food production after an agriculture or without fiscal year limitation to such appro- Secretaries described under paragraph (1) in food emergency by— priation account for salaries and expenses conducting research to support the goals and (i) working with the private sector to de- with such fiscal year limitation. The sums activities described in paragraphs (1) and (2) transferred shall be available solely for the of subsection (b). velop business recovery plans to rapidly re- purpose of paying the operating expenses of (4) REVISIONS.—Not later than 4 years after sume agriculture and food production; the Food and Drug Administration employ- the date on which the strategy is submitted (ii) conducting exercises of the plans de- ees and contractors performing activities as- to the relevant committees of Congress scribed in subparagraph (C) with the goal of sociated with these food safety fees. under paragraph (1), and not less frequently long-term recovery results; ‘‘(e) COLLECTION OF FEES.— than every 4 years thereafter, the Secretary (iii) rapidly removing, and effectively dis- ‘‘(1) IN GENERAL.—The Secretary shall of Health and Human Services and the Sec- posing of— specify in the Federal Register notice de- retary of Agriculture, in coordination with (I) contaminated agriculture and food scribed in subsection (b)(1) the time and the Secretary of Homeland Security, shall products; and manner in which fees assessed under this sec- revise and submit to the relevant commit- (II) infected plants and animals; and tion shall be collected. tees of Congress the strategy. (iv) decontaminating and restoring areas ‘‘(2) COLLECTION OF UNPAID FEES.—In any (5) CONSISTENCY WITH EXISTING PLANS.—The affected by an agriculture or food emer- case where the Secretary does not receive strategy described in paragraph (1) shall be gency. payment of a fee assessed under this section consistent with— SEC. 109. FOOD AND AGRICULTURE COORDI- within 30 days after it is due, such fee shall (A) the National Incident Management NATING COUNCILS. be treated as a claim of the United States System; The Secretary of Homeland Security, in Government subject to provisions of sub- (B) the National Response Framework; consultation with the Secretary of Health chapter II of chapter 37 of title 31, United (C) the National Infrastructure Protection and Human Services and the Secretary of States Code. Plan; Agriculture, shall within 180 days of enact- ‘‘(f) ANNUAL REPORT TO CONGRESS.—Not (D) the National Preparedness Goals; and ment of this Act, and annually thereafter, later than 120 days after each fiscal year for (E) other relevant national strategies. submit to the relevant committees of Con- which fees are assessed under this section, (b) COMPONENTS.— gress, and make publicly available on the the Secretary shall submit a report to the (1) IN GENERAL.—The strategy shall include Internet Web site of the Department of Committee on Health, Education, Labor, and a description of the process to be used by the Homeland Security, a report on the activi- Pensions of the United States Senate and the Department of Health and Human Services, ties of the Food and Agriculture Government Committee on Energy and Commerce of the the Department of Agriculture, and the De- Coordinating Council and the Food and Agri- United States House of Representatives, to partment of Homeland Security— culture Sector Coordinating Council, includ- include a description of fees assessed and col- (A) to achieve each goal described in para- ing the progress of such Councils on— lected for each such year and a summary de- graph (2); and (1) facilitating partnerships between public scription of the entities paying such fees and and private entities to help unify and en- the types of business in which such entities (B) to evaluate the progress made by Fed- eral, State, local, and tribal governments to- hance the protection of the agriculture and engage. food system of the United States; ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— wards the achievement of each goal de- (2) providing for the regular and timely For fiscal year 2010 and each fiscal year scribed in paragraph (2). interchange of information between each thereafter, there is authorized to be appro- (2) GOALS.—The strategy shall include a priated for fees under this section an amount description of the process to be used by the council relating to the security of the agri- equal to the total revenue amount deter- Department of Health and Human Services, culture and food system (including intel- mined under subsection (b) for the fiscal the Department of Agriculture, and the De- ligence information); year, as adjusted or otherwise affected under partment of Homeland Security to achieve (3) identifying best practices and methods the other provisions of this section.’’. the following goals: for improving the coordination among Fed- (b) EXPORT CERTIFICATION FEES FOR FOODS (A) PREPAREDNESS GOAL.—Enhance the pre- eral, State, local, and private sector pre- AND ANIMAL FEED.— paredness of the agriculture and food system paredness and response plans for agriculture (1) AUTHORITY FOR EXPORT CERTIFICATIONS by— and food defense; and FOR FOOD, INCLUDING ANIMAL FEED.—Section (i) conducting vulnerability assessments of (4) recommending methods by which to 801(e)(4)(A) (21 U.S.C. 381(e)(4)(A)) is amend- the agriculture and food system; protect the economy and the public health of ed— (ii) mitigating vulnerabilities of the sys- the United States from the effects of— (A) in the matter preceding clause (i), by tem; (A) animal or plant disease outbreaks; striking ‘‘a drug’’ and inserting ‘‘a food, (iii) improving communication and train- (B) food contamination; and drug’’; ing relating to the system; (C) natural disasters affecting agriculture (B) in clause (i) by striking ‘‘exported (iv) developing and conducting exercises to and food. drug’’ and inserting ‘‘exported food, drug’’; test decontamination and disposal plans; SEC. 110. BUILDING DOMESTIC CAPACITY. and (v) developing modeling tools to improve (a) IN GENERAL.— (C) in clause (ii) by striking ‘‘the drug’’ event consequence assessment and decision (1) INITIAL REPORT.—The Secretary shall, each place it appears and inserting ‘‘the support; and not later than 2 years after the date of enact- food, drug’’. (vi) preparing risk communication tools ment of this Act, submit to Congress a com- (2) CLARIFICATION OF CERTIFICATION.—Sec- and enhancing public awareness through out- prehensive report that identifies programs tion 801(e)(4) (21 U.S.C. 381(e)(4)) is amended reach. and practices that are intended to promote by inserting after subparagraph (B) the fol- (B) DETECTION GOAL.—Improve agriculture the safety and security of food and to pre- lowing new subparagraph: and food system detection capabilities by— vent outbreaks of food-borne illness and ‘‘(C) For purposes of this paragraph, a cer- (i) identifying contamination in food prod- other food-related hazards that can be ad- tification by the Secretary shall be made on ucts at the earliest possible time; and dressed through preventive activities. Such

VerDate Nov 24 2008 02:25 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.061 S03MRPT1 wwoods2 on PRODPC68 with SENATE S2698 CONGRESSIONAL RECORD — SENATE March 3, 2009 report shall include a description of the fol- Federal Government for the processing of Secretary, in consultation with the Sec- lowing: food offered for import into the United retary of Education, shall— (A) Analysis of the need for regulations or States. (i) develop guidelines to be used on a vol- guidance to industry. (e) AUTOMATED RISK ASSESSMENT.—The re- untary basis to develop plans for individuals (B) Outreach to food industry sectors, in- port developed under subsection (a)(1) shall to manage the risk of food allergy and ana- cluding through the Food and Agriculture include a description of progress toward de- phylaxis in schools and early childhood edu- Coordinating Councils referred to in section veloping and improving an automated risk cation programs; and 109, to identify potential sources of emerging assessment system for food safety surveil- (ii) make such guidelines available to local threats to the safety and security of the food lance and allocation of resources. educational agencies, schools, early child- supply and preventive strategies to address (f) TRACEBACK AND SURVEILLANCE RE- hood education programs, and other inter- those threats. PORT.—The Secretary shall include in the re- ested entities and individuals to be imple- (C) Systems to ensure the prompt distribu- port developed under subsection (a)(1) an mented on a voluntary basis only. tion to the food industry of information and analysis of the Food and Drug Administra- (B) APPLICABILITY OF FERPA.—Each plan technical assistance concerning preventive tion’s performance in food-borne illness out- described in subparagraph (A) that is devel- strategies. breaks during the 5-year period preceding oped for an individual shall be considered an (D) Communication systems to ensure that the date of enactment of this Act involving education record for the purpose of the Fam- information about specific threats to the fruits and vegetables that are raw agricul- ily Educational Rights and Privacy Act of safety and security of the food supply are tural commodities (as defined in section 1974 (20 U.S.C. 1232g). rapidly and effectively disseminated. 201(r) of the Federal Food, Drug, and Cos- (2) CONTENTS.—The voluntary guidelines (E) Surveillance systems and laboratory metic Act (21 U.S.C. 321(r)) and recommenda- developed by the Secretary under paragraph networks to rapidly detect and respond to tions for enhanced surveillance, outbreak re- (1) shall address each of the following, and food-borne illness outbreaks and other food- sponse, and traceability. Such findings and may be updated as the Secretary determines related hazards, including how such systems recommendations shall address communica- necessary: and networks are integrated. tion and coordination with the public, indus- (A) Parental obligation to provide the (F) Outreach, education, and training pro- try, and State and local governments, out- school or early childhood education pro- vided to States and local governments to break identification, and traceback. gram, prior to the start of every school year, build State and local food safety and food de- (g) BIENNIAL FOOD SAFETY AND FOOD DE- with— fense capabilities, including progress imple- FENSE RESEARCH PLAN.—The Secretary and (i) documentation from their child’s physi- menting strategies developed under sections the Secretary of Agriculture shall, on a bien- cian or nurse— 108 and 205. nial basis, submit to Congress a joint food (I) supporting a diagnosis of food allergy, (G) The estimated resources needed to ef- safety and food defense research plan which and any risk of anaphylaxis, if applicable; fectively implement the programs and prac- may include studying the long-term health (II) identifying any food to which the child tices identified in the report developed in effects of food-borne illness. Such biennial is allergic; this section over a 5-year period. plan shall include a list and description of (III) describing, if appropriate, any prior projects conducted during the previous 2- history of anaphylaxis; (2) BIENNIAL REPORTS.—On a biennial basis following the submission of the report under year period and the plan for projects to be (IV) listing any medication prescribed for the child for the treatment of anaphylaxis; paragraph (1), the Secretary shall submit to conducted during the following 2-year period. (V) detailing emergency treatment proce- Congress a report that— SEC. 111. FINAL RULE FOR PREVENTION OF SAL- MONELLA ENTERITIDIS IN SHELL dures in the event of a reaction; (A) reviews previous food safety programs EGGS DURING PRODUCTION. (VI) listing the signs and symptoms of a re- and practices; Not later than 1 year after the date of en- action; and (B) outlines the success of those programs actment of this Act, the Secretary shall (VII) assessing the child’s readiness for and practices; issue a final rule based on the proposed rule self-administration of prescription medica- (C) identifies future programs and prac- issued by the Commissioner of Food and tion; and tices; and Drugs entitled ‘‘Prevention of Salmonella (ii) a list of substitute meals that may be (D) includes information related to any Enteritidis in Shell Eggs During Produc- offered to the child by school or early child- matter described in subparagraphs (A) tion’’, 69 Fed. Reg. 56824, (September 22, hood education program food service per- through (G) of paragraph (1), as necessary. 2004). sonnel. (b) RISK-BASED ACTIVITIES.—The report de- (B) The creation and maintenance of an in- veloped under subsection (a)(1) shall describe SEC. 112. SANITARY TRANSPORTATION OF FOOD. Not later than 1 year after the date of en- dividual plan for food allergy management, methods that seek to ensure that resources actment of this Act, the Secretary shall pro- in consultation with the parent, tailored to available to the Secretary for food safety-re- the needs of each child with a documented lated activities are directed at those actions mulgate regulations described in section risk for anaphylaxis, including any proce- most likely to reduce risks from food, in- 416(b) of the Federal Food, Drug, and Cos- dures for the self-administration of medica- cluding the use of preventive strategies and metic Act (21 U.S.C. 350e(b)). tion by such children in instances where— allocation of inspection resources. The Sec- SEC. 113. FOOD ALLERGY AND ANAPHYLAXIS (i) the children are capable of self-admin- retary shall promptly undertake those risk- MANAGEMENT. (a) DEFINITIONS.—In this section: istering medication; and based actions that are identified during the (ii) such administration is not prohibited development of the report as likely to con- (1) EARLY CHILDHOOD EDUCATION PRO- by State law. tribute to the safety and security of the food GRAM.—The term ‘‘early childhood education (C) Communication strategies between in- supply. program’’ means— dividual schools or early childhood edu- (c) CAPABILITY FOR LABORATORY ANALYSES; (A) a Head Start program or an Early Head cation programs and providers of emergency RESEARCH.—The report developed under sub- Start program carried out under the Head section (a)(1) shall provide a description of Start Act (42 U.S.C. 9831 et seq.); medical services, including appropriate in- methods to increase capacity to undertake (B) a State licensed or regulated child care structions for emergency medical response. analyses of food samples promptly after col- program or school; or (D) Strategies to reduce the risk of expo- lection, to identify new and rapid analytical (C) a State prekindergarten program that sure to anaphylactic causative agents in techniques, including techniques that can be serves children from birth through kinder- classrooms and common school or early employed at ports of entry and through Food garten. childhood education program areas such as Emergency Response Network laboratories, (2) ESEA DEFINITIONS.—The terms ‘‘local cafeterias. and to provide for well-equipped and staffed educational agency’’, ‘‘secondary school’’, (E) The dissemination of general informa- laboratory facilities. ‘‘elementary school’’, and ‘‘parent’’ have the tion on life-threatening food allergies to (d) INFORMATION TECHNOLOGY.—The report meanings given the terms in section 9101 of school or early childhood education program developed under subsection (a)(1) shall in- the Elementary and Secondary Education staff, parents, and children. clude a description of such information tech- Act of 1965 (20 U.S.C. 7801). (F) Food allergy management training of nology systems as may be needed to identify (3) SCHOOL.—The term ‘‘school’’ includes school or early childhood education program risks and receive data from multiple sources, public— personnel who regularly come into contact including foreign governments, State, local, (A) kindergartens; with children with life-threatening food al- and tribal governments, other Federal agen- (B) elementary schools; and lergies. cies, the food industry, laboratories, labora- (C) secondary schools. (G) The authorization and training of tory networks, and consumers. The informa- (4) SECRETARY.—The term ‘‘Secretary’’ school or early childhood education program tion technology systems that the Secretary means the Secretary of Health and Human personnel to administer epinephrine when describes shall also provide for the integra- Services. the nurse is not immediately available. tion of the facility registration system under (b) ESTABLISHMENT OF VOLUNTARY FOOD (H) The timely accessibility of epinephrine section 415 of the Federal Food, Drug, and ALLERGY AND ANAPHYLAXIS MANAGEMENT by school or early childhood education pro- Cosmetic Act (21 U.S.C. 350d), and the prior GUIDELINES.— gram personnel when the nurse is not imme- notice system under section 801(m) of such (1) ESTABLISHMENT.— diately available. Act (21 U.S.C. 381(m)) with other information (A) IN GENERAL.—Not later than 1 year (I) The creation of a plan contained in each technology systems that are used by the after the date of enactment of this Act, the individual plan for food allergy management

VerDate Nov 24 2008 02:25 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.061 S03MRPT1 wwoods2 on PRODPC68 with SENATE March 3, 2009 CONGRESSIONAL RECORD — SENATE S2699 that addresses the appropriate response to in place related to, food allergies and management guidelines as a condition of the an incident of anaphylaxis of a child while anaphylactic shock. receipt of a grant under subsection (c). such child is engaged in extracurricular pro- (D) Outreach to parents. TITLE II—IMPROVING CAPACITY TO DE- grams of a school or early childhood edu- (E) Any other activities consistent with TECT AND RESPOND TO FOOD SAFETY cation program, such as non-academic out- the guidelines described in subsection (b). PROBLEMS ings and field trips, before- and after-school (4) DURATION OF AWARDS.—The Secretary SEC. 201. TARGETING OF INSPECTION RE- programs or before- and after-early child may award grants under this subsection for a SOURCES FOR DOMESTIC FACILI- education program programs, and school- period of not more than 2 years. In the event TIES, FOREIGN FACILITIES, AND sponsored or early childhood education pro- the Secretary conducts a program evaluation PORTS OF ENTRY; ANNUAL REPORT. gram-sponsored programs held on weekends. under this subsection, funding in the second (a) TARGETING OF INSPECTION RESOURCES (J) Maintenance of information for each year of the grant, where applicable, shall be FOR DOMESTIC FACILITIES, FOREIGN FACILI- administration of epinephrine to a child at contingent on a successful program evalua- TIES, AND PORTS OF ENTRY.—Chapter IV (21 risk for anaphylaxis and prompt notification tion by the Secretary after the first year. U.S.C. 341 et seq.), as amended by section 106, to parents. (5) LIMITATION ON GRANT FUNDING.—The is amended by adding at the end the fol- (K) Other elements the Secretary deter- Secretary may not provide grant funding to lowing: mines necessary for the management of food a local educational agency under this sub- ‘‘SEC. 421. TARGETING OF INSPECTION RE- allergies and anaphylaxis in schools and section after such local educational agency SOURCES FOR DOMESTIC FACILI- early childhood education programs. has received 2 years of grant funding under TIES, FOREIGN FACILITIES, AND (3) RELATION TO STATE LAW.—Nothing in this subsection. PORTS OF ENTRY; ANNUAL REPORT. this section or the guidelines developed by (6) MAXIMUM AMOUNT OF ANNUAL AWARDS.— ‘‘(a) IDENTIFICATION AND INSPECTION OF FA- the Secretary under paragraph (1) shall be A grant awarded under this subsection may CILITIES.— construed to preempt State law, including not be made in an amount that is more than ‘‘(1) IDENTIFICATION.—The Secretary shall any State law regarding whether students at $50,000 annually. allocate resources to inspect facilities ac- risk for anaphylaxis may self-administer (7) PRIORITY.—In awarding grants under cording to the risk profile of the facilities, medication. this subsection, the Secretary shall give pri- which shall be based on the following fac- (c) SCHOOL-BASED FOOD ALLERGY MANAGE- ority to local educational agencies with the tors: MENT GRANTS.— highest percentages of children who are ‘‘(A) The risk profile of the food manufac- (1) IN GENERAL.—The Secretary may award counted under section 1124(c) of the Elemen- tured, processed, packed, or held at the facil- grants to local educational agencies to assist tary and Secondary Education Act of 1965 (20 ity. such agencies with implementing voluntary U.S.C. 6333(c)). ‘‘(B) The facility’s history of food recalls, food allergy and anaphylaxis management (8) MATCHING FUNDS.— outbreaks, and violations of food safety guidelines described in subsection (b). (A) IN GENERAL.—The Secretary may not standards. (2) APPLICATION.— award a grant under this subsection unless ‘‘(C) The rigor of the facility’s hazard anal- (A) IN GENERAL.—To be eligible to receive a the local educational agency agrees that, ysis and risk-based preventive controls. grant under this subsection, a local edu- with respect to the costs to be incurred by ‘‘(D) Whether the food manufactured, proc- cational agency shall submit an application such local educational agency in carrying essed, packed, handled, prepared, treated, to the Secretary at such time, in such man- out the grant activities, the local edu- distributed, or stored at the facility meets ner, and including such information as the cational agency shall make available (di- the criteria for priority under section Secretary may reasonably require. rectly or through donations from public or 801(h)(1). (B) CONTENTS.—Each application sub- private entities) non-Federal funds toward ‘‘(E) Whether the facility has received a mitted under subparagraph (A) shall in- such costs in an amount equal to not less certificate as described in section 809(b). clude— than 25 percent of the amount of the grant. ‘‘(F) Any other criteria deemed necessary (i) an assurance that the local educational (B) DETERMINATION OF AMOUNT OF NON-FED- and appropriate by the Secretary for pur- agency has developed plans in accordance ERAL CONTRIBUTION.—Non-Federal funds re- poses of allocating inspection resources. with the food allergy and anaphylaxis man- quired under subparagraph (A) may be cash ‘‘(2) INSPECTIONS.— agement guidelines described in subsection or in kind, including plant, equipment, or ‘‘(A) IN GENERAL.—Beginning on the date of (b); services. Amounts provided by the Federal enactment of the FDA Food Safety Mod- (ii) a description of the activities to be Government, and any portion of any service ernization Act, the Secretary shall increase funded by the grant in carrying out the food subsidized by the Federal Government, may the frequency of inspection of all facilities. allergy and anaphylaxis management guide- not be included in determining the amount ‘‘(B) HIGH-RISK FACILITIES.—The Secretary lines, including— of such non-Federal funds. shall increase the frequency of inspection of (I) how the guidelines will be carried out at (9) ADMINISTRATIVE FUNDS.—A local edu- facilities identified under paragraph (1) as individual schools served by the local edu- cational agency that receives a grant under high-risk facilities such that— cational agency; this subsection may use not more than 2 per- ‘‘(i) for the first 2 years after the date of (II) how the local educational agency will cent of the grant amount for administrative enactment of the FDA Food Safety Mod- inform parents and students of the guide- costs related to carrying out this subsection. ernization Act, each high-risk facility is in- lines in place; (10) PROGRESS AND EVALUATIONS.—At the spected not less often than once every 2 (III) how school nurses, teachers, adminis- completion of the grant period referred to in years; and trators, and other school-based staff will be paragraph (4), a local educational agency ‘‘(ii) for each succeeding year, each high- made aware of, and given training on, when shall provide the Secretary with information risk facility is inspected not less often than applicable, the guidelines in place; and on how grant funds were spent and the status once each year. (IV) any other activities that the Sec- of implementation of the food allergy and ‘‘(C) NON-HIGH-RISK FACILITIES.—The Sec- retary determines appropriate; anaphylaxis management guidelines de- retary shall ensure that each facility that is (iii) an itemization of how grant funds re- scribed in subsection (b). not identified under paragraph (1) as a high- ceived under this subsection will be ex- (11) SUPPLEMENT, NOT SUPPLANT.—Grant risk facility is inspected not less often than pended; funds received under this subsection shall be once every 4 years. (iv) a description of how adoption of the used to supplement, and not supplant, non- ‘‘(b) IDENTIFICATION AND INSPECTION AT guidelines and implementation of grant ac- Federal funds and any other Federal funds PORTS OF ENTRY.—The Secretary, in con- tivities will be monitored; and available to carry out the activities de- sultation with the Secretary of Homeland (v) an agreement by the local educational scribed in this subsection. Security, shall allocate resources to inspect agency to report information required by the (12) AUTHORIZATION OF APPROPRIATIONS.— articles of food imported into the United Secretary to conduct evaluations under this There is authorized to be appropriated to States according to the risk profile of the ar- subsection. carry out this subsection $30,000,000 for fiscal ticle of food, which shall be based on the fol- (3) USE OF FUNDS.—Each local educational year 2010 and such sums as may be necessary lowing factors: agency that receives a grant under this sub- for each of the 4 succeeding fiscal years. ‘‘(1) The risk profile of the food imported. section may use the grant funds for the fol- (d) VOLUNTARY NATURE OF GUIDELINES.— ‘‘(2) The risk profile of the countries of ori- lowing: (1) IN GENERAL.—The food allergy and ana- gin and countries of transport of the food im- (A) Purchase of materials and supplies, in- phylaxis management guidelines developed ported. cluding limited medical supplies such as epi- by the Secretary under subsection (b) are ‘‘(3) The history of food recalls, outbreaks, nephrine and disposable wet wipes, to sup- voluntary. Nothing in this section or the and violations of food safety standards of the port carrying out the food allergy and ana- guidelines developed by the Secretary under food importer. phylaxis management guidelines described in subsection (b) shall be construed to require a ‘‘(4) The rigor of the foreign supplier subsection (b). local educational agency to implement such verification program under section 805. (B) In partnership with local health depart- guidelines. ‘‘(5) Whether the food importer partici- ments, school nurse, teacher, and personnel (2) EXCEPTION.—Notwithstanding para- pates in the voluntary qualified importer training for food allergy management. graph (1), the Secretary may enforce an program under section 806. (C) Programs that educate students as to agreement by a local educational agency to ‘‘(6) Whether the food meets the criteria the presence of, and policies and procedures implement food allergy and anaphylaxis for priority under section 801(h)(1).

VerDate Nov 24 2008 02:25 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.062 S03MRPT1 wwoods2 on PRODPC68 with SENATE S2700 CONGRESSIONAL RECORD — SENATE March 3, 2009 ‘‘(7) Whether the food is from a facility cluding laboratories run and operated by a food testing, including determining the suffi- that has received a certificate as described State or locality, with a demonstrated capa- ciency of such information and testing.’’. in section 809(b). bility to conduct analytical testing of food (b) FOOD EMERGENCY RESPONSE NETWORK.— ‘‘(8) Any other criteria deemed appropriate products; and The Secretary, in coordination with the Sec- by the Secretary for purposes of allocating ‘‘(B) establish a publicly available registry retary of Agriculture, the Secretary of inspection resources. of accreditation bodies, including the name Homeland Security, and State, local, and ‘‘(c) COORDINATION.—The Secretary shall of, contact information for, and other infor- tribal governments shall, not later than 180 improve coordination and cooperation with mation deemed necessary by the Secretary days after the date of enactment of this Act, the Secretary of Agriculture to target food about such bodies. and biennially thereafter, submit to the rel- inspection resources. ‘‘(2) FOREIGN LABORATORIES.—Accredita- evant committees of Congress, and make ‘‘(d) FACILITY.—For purposes of this sec- tion bodies may accredit laboratories that publicly available on the Internet Web site tion, the term ‘facility’ means a domestic fa- operate outside the United States, so long as of the Department of Health and Human cility or a foreign facility that is required to such laboratories meet the accreditation register under section 415.’’. Services, a report on the progress in imple- standards applicable to domestic labora- menting a national food emergency response (b) ANNUAL REPORT.—Section 903 (21 U.S.C. tories accredited under this section. 393) is amended by adding at the end the fol- laboratory network that— ‘‘(3) MODEL ACCREDITATION STANDARDS.— (1) provides ongoing surveillance, rapid de- lowing: The Secretary shall develop model standards ‘‘(h) ANNUAL REPORT REGARDING FOOD.— tection, and surge capacity for large-scale Not later than February 1 of each year, the that an accreditation body shall require lab- food-related emergencies, including inten- Secretary shall submit to Congress a report oratories to meet in order to be included in tional adulteration of the food supply; regarding— the registry provided for under paragraph (1). (2) coordinates the food laboratory capac- ‘‘(1) information about food facilities in- In developing the model standards, the Sec- ities of State food laboratories, including the cluding— retary shall look to existing standards for sharing of data between State laboratories ‘‘(A) the appropriations used to inspect fa- guidance. The model standards shall include to develop national situational awareness; cilities registered pursuant to section 415 in methods to ensure that— (3) provides accessible, timely, accurate, the previous fiscal year; ‘‘(A) appropriate sampling and analytical and consistent food laboratory services ‘‘(B) the average cost of both a non-high- procedures are followed and reports of anal- throughout the United States; risk food facility inspection and a high-risk yses are certified as true and accurate; (4) develops and implements a methods re- food facility inspection, if such a difference ‘‘(B) internal quality systems are estab- pository for use by Federal, State, and local exists, in the previous fiscal year; lished and maintained; officials; ‘‘(C) the number of domestic facilities and ‘‘(C) procedures exist to evaluate and re- (5) responds to food-related emergencies; the number of foreign facilities registered spond promptly to complaints regarding and pursuant to section 415 that the Secretary analyses and other activities for which the (6) is integrated with relevant laboratory inspected in the previous fiscal year; laboratory is recognized; networks administered by other Federal ‘‘(D) the number of domestic facilities and ‘‘(D) individuals who conduct the analyses agencies. the number of foreign facilities registered are qualified by training and experience to do so; and SEC. 203. INTEGRATED CONSORTIUM OF LABORA- pursuant to section 415 that the Secretary TORY NETWORKS. did not inspect in the previous fiscal year; ‘‘(E) any other criteria determined appro- (a) IN GENERAL.—The Secretary of Home- ‘‘(E) the number of high-risk facilities priate by the Secretary. land Security, in consultation with the Sec- identified pursuant to section 421 that the ‘‘(4) REVIEW OF ACCREDITATION.—To assure retary of Health and Human Services, the Secretary inspected in the previous fiscal compliance with the requirements of this year; and section, the Secretary shall— Secretary of Agriculture, and the Adminis- ‘‘(F) the number of high-risk facilities ‘‘(A) periodically, or at least every 5 years, trator of the Environmental Protection identified pursuant to section 421 that the reevaluate accreditation bodies recognized Agency, shall maintain an agreement Secretary did not inspect in the previous fis- under paragraph (1); and through which relevant laboratory network cal year; ‘‘(B) promptly revoke the recognition of members, as determined by the Secretary of ‘‘(2) information about food imports in- any accreditation body found not to be in Homeland Security, shall— cluding— compliance with the requirements of this (1) agree on common laboratory methods ‘‘(A) the number of lines of food imported section. in order to facilitate the sharing of knowl- into the United States that the Secretary ‘‘(b) TESTING PROCEDURES.— edge and information relating to animal physically inspected or sampled in the pre- ‘‘(1) IN GENERAL.—Food testing shall be health, agriculture, and human health; vious fiscal year; conducted by either Federal laboratories or (2) identify the means by which each lab- ‘‘(B) the number of lines of food imported non-Federal laboratories that have been ac- oratory network member could work coop- into the United States that the Secretary credited by an accreditation body on the reg- eratively— did not physically inspect or sample in the istry established by the Secretary under sub- (A) to optimize national laboratory pre- previous fiscal year; and section (a) whenever such testing is either paredness; and ‘‘(C) the average cost of physically inspect- conducted by or on behalf of an owner or (B) to provide surge capacity during emer- ing or sampling a food line subject to this consignee— gencies; and Act that is imported or offered for import ‘‘(A) in support of admission of an article (3) engage in ongoing dialogue and build re- into the United States; and of food under section 801(a); lationships that will support a more effec- ‘‘(3) information on the foreign offices es- ‘‘(B) due to a specific testing requirement tive and integrated response during emer- tablished under section 309 of the FDA Food in this Act or implementing regulations, gencies. Safety Modernization Act including— when applied to address an identified or sus- (b) REPORTING REQUIREMENT.—The Sec- ‘‘(A) the number of foreign offices estab- pected food safety problem; retary of Homeland Security shall, on a bien- lished; and ‘‘(C) under an Import Alert that requires nial basis, submit to the relevant commit- ‘‘(B) the number of personnel permanently successful consecutive tests; or tees of Congress, and make publicly avail- stationed in each foreign office. ‘‘(D) is so required by the Secretary as the able on the Internet Web site of the Depart- ‘‘(i) PUBLIC AVAILABILITY OF ANNUAL FOOD Secretary deems appropriate to address an ment of Homeland Security, a report on the REPORTS.—The Secretary shall make the re- identified or suspected food safety problem. progress of the integrated consortium of lab- ports required under subsection (h) available ‘‘(2) RESULTS OF TESTING.—The results of oratory networks, as established under sub- to the public on the Internet Web site of the any such testing shall be sent directly to the section (a), in carrying out this section. Food and Drug Administration.’’. Food and Drug Administration. Such results SEC. 204. ENHANCING TRACEBACK AND RECORD- SEC. 202. RECOGNITION OF LABORATORY AC- may be submitted to the Food and Drug Ad- KEEPING. CREDITATION FOR ANALYSES OF ministration through electronic means. (a) IN GENERAL.—The Secretary, in con- FOODS. EVIEW BY SECRETARY.—If food sam- ‘‘(c) R sultation with the Secretary of Agriculture (a) IN GENERAL.—Chapter IV (21 U.S.C. 341 pling and testing performed by a laboratory and representatives of State departments of et seq.), as amended by section 201, is amend- run and operated by a State or locality that health and agriculture, shall improve the ca- ed by adding at the end the following: is accredited by an accreditation body on the pacity of the Secretary to effectively and ‘‘SEC. 422. RECOGNITION OF LABORATORY AC- registry established by the Secretary under CREDITATION FOR ANALYSES OF subsection (a) result in a State recalling a rapidly track and trace, in the event of an FOODS. food, the Secretary shall review the sam- outbreak, fruits and vegetables that are raw ‘‘(a) RECOGNITION OF LABORATORY ACCREDI- pling and testing results for the purpose of agricultural commodities. TATION.— determining the need for a national recall or (b) PILOT PROJECT.— ‘‘(1) IN GENERAL.—Not later than 2 years other compliance and enforcement activi- (1) IN GENERAL.—Not later than 9 months after the date of enactment of the FDA Food ties. after the date of enactment of this Act, the Safety Modernization Act, the Secretary ‘‘(d) NO LIMIT ON SECRETARIAL AUTHOR- Secretary shall establish a pilot project in shall— ITY.—Nothing in this section shall be con- coordination with the produce industry to ‘‘(A) provide for the recognition of accredi- strued to limit the ability of the Secretary explore and evaluate methods for rapidly and tation bodies that accredit laboratories, in- to review and act upon information from effectively tracking and tracing fruits and

VerDate Nov 24 2008 02:25 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.062 S03MRPT1 wwoods2 on PRODPC68 with SENATE March 3, 2009 CONGRESSIONAL RECORD — SENATE S2701 vegetables that are raw agricultural com- (E) expanding capacity of such systems, in- food safety and defense resources and reduce modities so that, if an outbreak occurs in- cluding working toward automatic elec- the incidence of food-borne illness. volving such a fruit or vegetable, the Sec- tronic searches, for implementation of (E) Share information on a timely basis retary may quickly identify the source of fingerprinting strategies for food-borne in- among public health and food regulatory the outbreak and the recipients of the con- fectious agents, in order to identify new or agencies, with the food industry, with health taminated food. rarely documented causes of food-borne ill- care providers, and with the public. (2) CONTENT.—The Secretary shall select ness and submit standardized information to (F) Strengthen the capacity of State and participants from the produce industry to a centralized database; local agencies to achieve the goals described run projects which overall shall include at (F) allowing timely public access to aggre- in section 108. least 3 different types of fruits or vegetables gated, de-identified surveillance data; (2) REVIEW.—In developing of the strategies that have been the subject of outbreaks dur- (G) at least annually, publishing current required by paragraph (1), the Secretary ing the 5-year period preceding the date of reports on findings from such systems; shall, not later than 1 year after the date of enactment of this Act, and shall be selected (H) establishing a flexible mechanism for enactment of the FDA Food Safety Mod- in order to develop and demonstrate— rapidly initiating scientific research by aca- ernization Act, complete a review of State (A) methods that are applicable and appro- demic institutions; and local capacities, and needs for enhance- priate for small businesses; and (I) integrating food-borne illness surveil- ment, which may include a survey with re- (B) technologies, including existing tech- lance systems and data with other bio- spect to— nologies, that enhance traceback and trace surveillance and public health situational (A) staffing levels and expertise available forward. awareness capabilities at the Federal, State, to perform food safety and defense functions; (c) REPORT.—Not later than 18 months and local levels; and (B) laboratory capacity to support surveil- after the date of enactment of this Act, the (J) other activities as determined appro- lance, outbreak response, inspection, and en- Secretary shall report to Congress on the priate by the Secretary. forcement activities; findings of the pilot project under subsection (2) PARTNERSHIPS.—The Secretary shall (C) information systems to support data (b) together with recommendations for es- support and maintain a diverse working management and sharing of food safety and tablishing more effective traceback and group of experts and stakeholders from Fed- defense information among State and local trace forward procedures for fruits and vege- eral, State, and local food safety and health agencies and with counterparts at the Fed- tables that are raw agricultural commod- agencies, the food industry, consumer orga- eral level; and ities. nizations, and academia. Such working (D) other State and local activities and (d) TRACEBACK PERFORMANCE REQUIRE- group shall provide the Secretary, through needs as determined appropriate by the Sec- MENTS.—Not later than 24 months after the at least annual meetings of the working retary. date of enactment of this Act, the Secretary group and an annual public report, advice (d) FOOD SAFETY CAPACITY BUILDING shall publish a notice of proposed rule- and recommendations on an ongoing and reg- GRANTS.—Section 317R(b) of the Public making to establish standards for the type of ular basis regarding the improvement of Health Service Act (42 U.S.C. 247b–20(b)) is information, format, and timeframe for per- food-borne illness surveillance and imple- amended— sons to submit records to aid the Secretary mentation of this section, including advice (1) by striking ‘‘2002’’ and inserting ‘‘2010’’; in effectively and rapidly tracking and trac- and recommendations on— and ing, in the event of an outbreak, fruits and (A) the priority needs of regulatory agen- (2) by striking ‘‘2003 through 2006’’ and in- vegetables that are raw agricultural com- cies, the food industry, and consumers for in- serting ‘‘2011 through 2014’’. modities. Nothing in this section shall be formation and analysis on food-borne illness SEC. 206. MANDATORY RECALL AUTHORITY. construed as giving the Secretary the au- and its causes; (a) IN GENERAL.—Chapter IV (21 U.S.C. 341 thority to prescribe specific technologies for (B) opportunities to improve the effective- et seq.), as amended by section 202, is amend- the maintenance of records. ness of initiatives at the Federal, State, and ed by adding at the end the following: (e) PUBLIC INPUT.—During the comment pe- ‘‘SEC. 423. MANDATORY RECALL AUTHORITY. riod in the notice of proposed rulemaking local levels, including coordination and inte- ‘‘(a) VOLUNTARY PROCEDURES.—If the Sec- under subsection (d), the Secretary shall gration of activities among Federal agencies, retary determines, based on information conduct not less than 3 public meetings in and between the Federal, State, and local gathered through the reportable food reg- diverse geographical areas of the United levels of government; istry under section 417 or through any other States to provide persons in different regions (C) improvement in the timeliness and means, that there is a reasonable probability an opportunity to comment. depth of access by regulatory and health that an article of food (other than infant for- (f) RAW AGRICULTURAL COMMODITY.—In this agencies, the food industry, academic re- mula) is adulterated under section 402 or section, the term ‘‘raw agricultural com- searchers, and consumers to food-borne ill- misbranded under section 403(w) and the use modity’’ has the meaning given that term in ness surveillance data collected by govern- of or exposure to such article will cause seri- section 201(r) of the Federal Food, Drug, and ment agencies at all levels, including data ous adverse health consequences or death to Cosmetic Act (21 U.S.C. 321(r)). compiled by the Centers for Disease Control and Prevention; humans or animals, the Secretary shall pro- SEC. 205. SURVEILLANCE. vide the responsible party (as defined in sec- (a) DEFINITION OF FOOD-BORNE ILLNESS (D) key barriers to improvement in food- borne illness surveillance and its utility for tion 417) with an opportunity to cease dis- OUTBREAK.—In this section, the term ‘‘food- tribution and recall such article. borne illness outbreak’’ means the occur- preventing food-borne illness at Federal, State, and local levels; ‘‘(b) PREHEARING ORDER TO CEASE DIS- rence of 2 or more cases of a similar illness TRIBUTION AND GIVE NOTICE.—If the respon- resulting from the ingestion of a food. (E) the capabilities needed for establishing automatic electronic searches of surveil- sible party refuses to or does not voluntarily (b) FOOD-BORNE ILLNESS SURVEILLANCE cease distribution or recall such article with- SYSTEMS.— lance data; and (F) specific actions to reduce barriers to in the time and in the manner prescribed by (1) IN GENERAL.—The Secretary, acting the Secretary (if so prescribed), the Sec- through the Director of the Centers for Dis- improvement, implement the working group’s recommendations, and achieve the retary may, by order require, as the Sec- ease Control and Prevention, shall enhance retary deems necessary, such person to— purposes of this section, with measurable ob- food-borne illness surveillance systems to ‘‘(1) immediately cease distribution of such jectives and timelines, and identification of improve the collection, analysis, reporting, article; or resource and staffing needs. and usefulness of data on food-borne illnesses ‘‘(2) immediately notify all persons— by— (c) IMPROVING FOOD SAFETY AND DEFENSE ‘‘(A) manufacturing, processing, packing, (A) coordinating Federal, State and local CAPACITY AT THE STATE AND LOCAL LEVEL.— transporting, distributing, receiving, hold- food-borne illness surveillance systems, in- (1) IN GENERAL.—The Secretary shall de- ing, or importing and selling such article; cluding complaint systems, and increasing velop and implement strategies to leverage and participation in national networks of public and enhance the food safety and defense ca- ‘‘(B) to which such article has been distrib- health and food regulatory agencies and lab- pacities of State and local agencies in order uted, transported, or sold, to immediately oratories; to achieve the following goals: cease distribution of such article. (B) facilitating sharing of findings on a (A) Improve food-borne illness outbreak re- ‘‘(c) HEARING ON ORDER.—The Secretary more timely basis among governmental sponse and containment. shall provide the responsible party subject to agencies, including the Food and Drug Ad- (B) Accelerate food-borne illness surveil- an order under subsection (b) with an oppor- ministration, the Department of Agri- lance and outbreak investigation, including tunity for an informal hearing, to be held as culture, and State and local agencies, and rapid shipment of clinical isolates from clin- soon as possible but not later than 2 days with the public; ical laboratories to appropriate State labora- after the issuance of the order, on the ac- (C) developing improved epidemiological tories, and conducting more standardized ill- tions required by the order and on why the tools for obtaining quality exposure data, ness outbreak interviews. article that is the subject of the order should and microbiological methods for classifying (C) Strengthen the capacity of State and not be recalled. cases; local agencies to carry out inspections and ‘‘(d) POST-HEARING RECALL ORDER AND (D) augmenting such systems to improve enforce safety standards. MODIFICATION OF ORDER.— attribution of a food-borne illness outbreak (D) Improve the effectiveness of Federal, ‘‘(1) AMENDMENT OF ORDER.—If, after pro- to a specific food; State, and local partnerships to coordinate viding opportunity for an informal hearing

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under subsection (c), the Secretary deter- to in this section as the ‘‘Administrator’’), in ‘‘(2) IMPORTER DEFINED.—For purposes of mines that removal of the article from com- coordination with the Secretary of Health this section, the term ‘importer’ means, with merce is necessary, the Secretary shall, as and Human Services, Secretary of Homeland respect to an article of food— appropriate— Security, and Secretary of Agriculture, shall ‘‘(A) the United States owner or consignee ‘‘(A) amend the order to require recall of provide support for, and technical assistance of the article of food at the time of entry of such article or other appropriate action; to, State, local, and tribal governments in such article into the United States; or ‘‘(B) specify a timetable in which the recall preparing for, assessing, decontaminating, ‘‘(B) in the case when there is no United shall occur; and recovering from an agriculture or food States owner or consignee as described in ‘‘(C) require periodic reports to the Sec- emergency. subparagraph (A), the United States agent or retary describing the progress of the recall; (b) DEVELOPMENT OF STANDARDS.—In car- representative of a foreign owner or con- and rying out subsection (a), the Administrator, signee of the article of food at the time of ‘‘(D) provide notice to consumers to whom in coordination with the Secretary of Health entry of such article into the United States. such article was, or may have been, distrib- and Human Services, Secretary of Homeland ‘‘(b) GUIDANCE.—Not later than 1 year after uted. Security, Secretary of Agriculture, and the date of enactment of the FDA Food Safe- ‘‘(2) VACATING OF ORDER.—If, after such State, local, and tribal governments, shall ty Modernization Act, the Secretary shall hearing, the Secretary determines that ade- develop and disseminate specific standards issue guidance to assist United States im- quate grounds do not exist to continue the and protocols to undertake clean-up, clear- porters in developing foreign supplier actions required by the order, or that such ance, and recovery activities following the verification programs. actions should be modified, the Secretary decontamination and disposal of specific ‘‘(c) REGULATIONS.— shall vacate the order or modify the order. threat agents and foreign animal diseases. ‘‘(1) IN GENERAL.—Not later than 1 year ‘‘(e) COOPERATION AND CONSULTATION.—The (c) DEVELOPMENT OF MODEL PLANS.—In car- after the date of enactment of the FDA Food Secretary shall work with State and local rying out subsection (a), the Administrator, Safety Modernization Act, the Secretary public health officials in carrying out this the Secretary of Health and Human Services, shall promulgate regulations to provide for section, as appropriate. and the Secretary of Agriculture shall joint- the content of the foreign supplier ‘‘(f) PUBLIC NOTIFICATION.—In conducting a ly develop and disseminate model plans for— verification program established under sub- recall under this section, the Secretary (1) the decontamination of individuals, section (a). Such regulations shall, as appro- shall— equipment, and facilities following an inten- priate, include a process for verification by a ‘‘(1) ensure that a press release is published tional contamination of agriculture or food; United States importer, with respect to each regarding the recall, as well as alerts and and foreign supplier from which it obtains food, public notices, as appropriate, in order to (2) the disposal of large quantities of ani- that the imported food is produced in com- provide notification— mals, plants, or food products that have been pliance with the requirements of section 418 ‘‘(A) of the recall to consumers and retail- infected or contaminated by specific threat or 419, as appropriate, and is not adulterated ers to whom such article was, or may have agents and foreign animal diseases. under section 402 or misbranded under sec- been, distributed; and (d) EXERCISES.—In carrying out subsection tion 403(w). ‘‘(B) that includes, at a minimum— (a), the Administrator, in coordination with ‘‘(2) VERIFICATION.—The regulations under ‘‘(i) the name of the article of food subject the entities described under subsection (b), paragraph (1) shall require that the foreign to the recall; and shall conduct exercises at least annually to supplier verification program of each im- ‘‘(ii) a description of the risk associated evaluate and identify weaknesses in the de- porter be adequate to provide assurances with such article; and contamination and disposal model plans de- that each foreign supplier to the importer ‘‘(2) consult the policies of the Department scribed in subsection (c). Such exercises produces the imported food employing proc- of Agriculture regarding providing to the shall be carried out, to the maximum extent esses and procedures, including risk-based public a list of retail consignees receiving practicable, as part of the national exercise reasonably appropriate preventive controls, products involved in a Class I recall and program under section 648(b)(1) of the Post- equivalent in preventing adulteration and re- shall consider providing such a list to the Katrina Emergency Management Reform Act ducing hazards as those required by section public, as determined appropriate by the of 2006 (6 U.S.C. 748(b)(1)). 418 or section 419, as appropriate. Secretary. (e) MODIFICATIONS.—Based on the exercises ‘‘(3) ACTIVITIES.—Verification activities ‘‘(g) NO DELEGATION.—The authority con- described in subsection (d), the Adminis- under a foreign supplier verification program ferred by this section to order a recall or va- trator, in coordination with the entities de- under this section may include monitoring cate a recall order shall not be delegated to scribed in subsection (b), shall review and records for shipments, lot-by-lot certifi- any officer or employee other than the Com- modify as necessary the plans described in cation of compliance, annual on-site inspec- missioner. subsection (c) not less frequently than bien- tions, checking the hazard analysis and risk- ‘‘(h) EFFECT.—Nothing in this section shall nially. based preventive control plan of the foreign affect the authority of the Secretary to re- (f) PRIORITIZATION.—The Administrator, in supplier, and periodically testing and sam- quest or participate in a voluntary recall.’’. coordination with the entities described in pling shipments. (b) CIVIL PENALTY.—Section 303(f)(2)(A) (21 subsection (b), shall develop standards and ‘‘(d) RECORD MAINTENANCE AND ACCESS.— U.S.C. 333(f)(2)(A)) is amended by inserting plans under subsections (b) and (c) in an Records of a United States importer related ‘‘or any person who does not comply with a identified order of priority that takes into to a foreign supplier verification program recall order under section 423’’ after ‘‘section account— shall be maintained for a period of not less 402(a)(2)(B)’’. (1) highest-risk biological, chemical, and than 2 years and shall be made available (c) PROHIBITED ACTS.—Section 301 (21 radiological threat agents; promptly to a duly authorized representative U.S.C. 331 et seq.), as amended by section 106, (2) agents that could cause the greatest of the Secretary upon request. is amended by adding at the end the fol- economic devastation to the agriculture and ‘‘(e) DEEMED COMPLIANCE OF SEAFOOD, lowing: food system; and JUICE, AND LOW-ACID CANNED FOOD FACILI- ‘‘(rr) The refusal or failure to follow an (3) agents that are most difficult to clean TIES IN COMPLIANCE WITH HACCP.—An order under section 423.’’. or remediate. owner, operator, or agent in charge of a fa- SEC. 207. ADMINISTRATIVE DETENTION OF FOOD. cility required to comply with 1 of the fol- TITLE III—IMPROVING THE SAFETY OF (a) IN GENERAL.—Section 304(h)(1)(A) (21 lowing standards and regulations with re- U.S.C. 334(h)(1)(A)) is amended by— IMPORTED FOOD spect to such facility shall be deemed to be (1) striking ‘‘credible evidence or informa- SEC. 301. FOREIGN SUPPLIER VERIFICATION in compliance with this section with respect tion indicating’’ and inserting ‘‘reason to be- PROGRAM. to such facility: lieve’’; and (a) IN GENERAL.—Chapter VIII (21 U.S.C. ‘‘(1) The Seafood Hazard Analysis Critical (2) striking ‘‘presents a threat of serious 381 et seq.) is amended by adding at the end Control Points Program of the Food and adverse health consequences or death to hu- the following: Drug Administration. mans or animals’’ and inserting ‘‘is adulter- ‘‘SEC. 805. FOREIGN SUPPLIER VERIFICATION ‘‘(2) The Juice Hazard Analysis Critical ated or misbranded’’. PROGRAM. Control Points Program of the Food and (b) REGULATIONS.—Not later than 120 days ‘‘(a) IN GENERAL.— Drug Administration. after the date of enactment of this Act, the ‘‘(1) VERIFICATION REQUIREMENT.—Each ‘‘(3) The Thermally Processed Low-Acid Secretary shall issue an interim final rule United States importer shall perform risk- Foods Packaged in Hermetically Sealed Con- amending subpart K of part 1 of title 21, Code based foreign supplier verification activities tainers standards of the Food and Drug Ad- of Federal Regulations, to implement the in accordance with regulations promulgated ministration (or any successor standards). amendment made by this section. under subsection (c) for the purpose of ‘‘(f) PUBLICATION OF LIST OF PARTICI- (c) EFFECTIVE DATE.—The amendment verifying that the food imported by the im- PANTS.—The Secretary shall publish and made by this section shall take effect 180 porter or its agent is— maintain on the Internet Web site of the days after the date of enactment of this Act. ‘‘(A) produced in compliance with the re- Food and Drug Administration a current list SEC. 208. DECONTAMINATION AND DISPOSAL quirements of section 418 or 419, as appro- that includes the name of, location of, and STANDARDS AND PLANS. priate; and other information deemed necessary by the (a) IN GENERAL.—The Administrator of the ‘‘(B) is not adulterated under section 402 or Secretary about, importers participating Environmental Protection Agency (referred misbranded under section 403(w). under this section.’’.

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(b) PROHIBITED ACT.—Section 301 (21 U.S.C. that brings food, or causes food to be SEC. 304. PRIOR NOTICE OF IMPORTED FOOD 331), as amended by section 206, is amended brought, from a foreign country into the cus- SHIPMENTS. by adding at the end the following: toms territory of the United States.’’. (a) IN GENERAL.—Section 801(m)(1) (21 ‘‘(ss) The importation or offering for im- SEC. 303. AUTHORITY TO REQUIRE IMPORT CER- U.S.C. 381(m)(1)) is amended by inserting portation of a food if the importer (as de- TIFICATIONS FOR FOOD. ‘‘any country to which the article has been fined in section 805) does not have in place a (a) IN GENERAL.—Section 801(a) (21 U.S.C. refused entry;’’ after ‘‘the country from foreign supplier verification program in com- 381(a)) is amended by inserting after the which the article is shipped;’’. pliance with such section 805.’’. third sentence the following: ‘‘With respect (b) REGULATIONS.—Not later than 120 days (c) IMPORTS.—Section 801(a) (21 U.S.C. to an article of food, if importation of such after the date of enactment of this Act, the 381(a)) is amended by adding ‘‘or the im- food is subject to, but not compliant with, Secretary shall issue an interim final rule porter (as defined in section 805) is in viola- the requirement under subsection (p) that amending subpart I of part 1 of title 21, Code tion of such section 805’’ after ‘‘or in viola- such food be accompanied by a certification of Federal Regulations, to implement the tion of section 505’’. or other assurance that the food meets some amendment made by this section. (d) EFFECTIVE DATE.—The amendments or all applicable requirements of this Act, (c) EFFECTIVE DATE.—The amendment made by this section shall take effect 2 years then such article shall be refused admis- made by this section shall take effect 180 after the date of enactment of this Act. sion.’’. days after the date of enactment of this Act. SEC. 302. VOLUNTARY QUALIFIED IMPORTER (b) ADDITION OF CERTIFICATION REQUIRE- SEC. 305. REVIEW OF A REGULATORY AUTHORITY PROGRAM. MENT.—Section 801 (21 U.S.C. 381) is amended OF A FOREIGN COUNTRY. Chapter VIII (21 U.S.C. 381 et seq.), as by adding at the end the following new sub- Chapter VIII (21 U.S.C. 381 et seq.), as amended by section 301, is amended by add- section: amended by section 302, is amended by add- ing at the end the following: ‘‘(p) CERTIFICATIONS CONCERNING IMPORTED ing at the end the following: FOODS.— ‘‘SEC. 806. VOLUNTARY QUALIFIED IMPORTER ‘‘SEC. 807. REVIEW OF A REGULATORY AUTHOR- N GENERAL PROGRAM. ‘‘(1) I .—The Secretary, based on ITY OF A FOREIGN COUNTRY. public health considerations, including risks ‘‘(a) IN GENERAL.—Beginning not later ‘‘The Secretary may review information than 1 year after the date of enactment of associated with the food or its place of ori- from a country outlining the statutes, regu- the FDA Food Safety Modernization Act, the gin, may require as a condition of granting lations, standards, and controls of such admission to an article of food imported or Secretary shall— country, and conduct on-site audits in such offered for import into the United States, ‘‘(1) establish a program, in consultation country to verify the implementation of that an entity specified in paragraph (2) pro- with the Department of Homeland Security, those statutes, regulations, standards, and vide a certification or such other assurances to provide for the expedited review and im- controls. Based on such review, the Sec- as the Secretary determines appropriate that portation of food offered for importation by retary shall determine whether such country the article of food complies with some or all United States importers who have volun- can provide reasonable assurances that the applicable requirements of this Act, as speci- tarily agreed to participate in such program; food supply of the country is equivalent in fied by the Secretary. Such certification or and safety to food manufactured, processed, assurances may be provided in the form of packed, or held in the United States.’’. ‘‘(2) issue a guidance document related to shipment-specific certificates, a listing of participation and compliance with such pro- certified entities, or in such other form as SEC. 306. BUILDING CAPACITY OF FOREIGN GOV- ERNMENTS WITH RESPECT TO gram. the Secretary may specify. Such certifi- ‘‘(b) VOLUNTARY PARTICIPATION.—An im- FOOD. cation shall be used for designated food im- porter may request the Secretary to provide (a) IN GENERAL.—The Secretary shall, not ported from countries with which the Food for the expedited review and importation of later than 2 years of the date of enactment and Drug Administration has an agreement designated foods in accordance with the pro- of this Act, develop a comprehensive plan to to establish a certification program. gram procedures established by the Sec- expand the technical, scientific, and regu- ‘‘(2) CERTIFYING ENTITIES.—For purposes of latory capacity of foreign governments, and retary. paragraph (1), entities that shall provide the ‘‘(c) ELIGIBILITY.—In order to be eligible, their respective food industries, from which certification or assurances described in such an importer shall be offering food for impor- foods are exported to the United States. paragraph are— tation from a facility that has a certification (b) CONSULTATION.—In developing the plan ‘‘(A) an agency or a representative of the described in section 809(b). In reviewing the under subsection (a), the Secretary shall government of the country from which the consult with the Secretary of Agriculture, applications and making determinations on article of food at issue originated, as des- such requests, the Secretary shall consider Secretary of State, Secretary of the Treas- ignated by such government or the Sec- ury, and the Secretary of Commerce, rep- the risk of the food to be imported based on retary; or factors, such as the following: resentatives of the food industry, appro- ‘‘(B) such other persons or entities accred- priate foreign government officials, and non- ‘‘(1) The nature of the food to be imported. ited pursuant to section 809 to provide such governmental organizations that represent ‘‘(2) The compliance history of the foreign certification or assurance. the interests of consumers, and other stake- supplier. ‘‘(3) RENEWAL AND REFUSAL OF CERTIFI- holders. ‘‘(3) The capability of the regulatory sys- CATIONS.—The Secretary may— (c) PLAN.—The plan developed under sub- tem of the country of export to ensure com- ‘‘(A) require that any certification or other pliance with United States food safety stand- section (a) shall include, as appropriate, the assurance provided by an entity specified in following: ards. paragraph (2) be renewed by such entity at (1) Recommendations for bilateral and ‘‘(4) The compliance of the importer with such times as the Secretary determines ap- multilateral arrangements and agreements, the requirements of section 805. propriate; and including provisions to provide for responsi- ‘‘(5) The recordkeeping, testing, inspec- ‘‘(B) refuse to accept any certification or bility of exporting countries to ensure the tions and audits of facilities, traceability of assurance if the Secretary determines that safety of food. articles of food, temperature controls, and such certification or assurance is no longer (2) Provisions for electronic data sharing. sourcing practices of the importer. valid or reliable. (3) Provisions for mutual recognition of in- ‘‘(6) The potential risk for intentional ‘‘(4) ELECTRONIC SUBMISSION.—The Sec- spection reports. adulteration of the food. retary shall provide for the electronic sub- (4) Training of foreign governments and ‘‘(7) Any other factor that the Secretary mission of certifications under this sub- food producers on United States require- determines appropriate. section. ments for safe food. ‘‘(d) REVIEW AND REVOCATION.—Any im- ‘‘(5) FALSE STATEMENTS.—Any statement (5) Recommendations to harmonize re- porter qualified by the Secretary in accord- or representation made by an entity de- quirements under the Codex Alimentarius. ance with the eligibility criteria set forth in scribed in paragraph (2) to the Secretary (6) Provisions for the multilateral accept- this section shall be reevaluated not less shall be subject to section 1001 of title 18, ance of laboratory methods and detection often than once every 3 years and the Sec- United States Code.’’. techniques. retary shall promptly revoke the qualified (c) CONFORMING TECHNICAL AMENDMENT.— importer status of any importer found not to Section 801(b) (21 U.S.C. 381(b)) is amended in SEC. 307. INSPECTION OF FOREIGN FOOD FACILI- be in compliance with such criteria. the second sentence by striking ‘‘with re- TIES. ‘‘(e) NOTICE OF INTENT TO PARTICIPATE.—An spect to an article included within the provi- Chapter VIII (21 U.S.C. 381 et seq.), as importer that intends to participate in the sion of the fourth sentence of subsection (a)’’ amended by section 305, is amended by in- program under this section in a fiscal year and inserting ‘‘with respect to an article de- serting at the end the following: shall submit a notice to the Secretary of scribed in subsection (a) relating to the re- ‘‘SEC. 808. INSPECTION OF FOREIGN FOOD FA- such intent at time and in a manner estab- quirements of sections 760 or 761,’’. CILITIES. lished by the Secretary. (d) NO LIMIT ON AUTHORITY.—Nothing in ‘‘(a) INSPECTION.—The Secretary— ‘‘(f) FALSE STATEMENTS.—Any statement the amendments made by this section shall ‘‘(1) may enter into arrangements and or representation made by an importer to limit the authority of the Secretary to con- agreements with foreign governments to fa- the Secretary shall be subject to section 1001 duct random inspections of imported food or cilitate the inspection of foreign facilities of title 18, United States Code. to take such other steps as the Secretary registered under section 415; and ‘‘(g) DEFINITION.—For purposes of this sec- deems appropriate to determine the admissi- ‘‘(2) shall direct resources to inspections of tion, the term ‘importer’ means the person bility of imported food. foreign facilities, suppliers, and food types,

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especially such facilities, suppliers, and food tablish a system for the recognition of ac- ‘‘(A) REQUIREMENTS IN GENERAL.—As a con- types that present a high risk (as identified creditation bodies that accredit third-party dition of accreditation, an accredited third- by the Secretary), to help ensure the safety auditors and audit agents to certify that eli- party auditor or audit agent shall prepare and security of the food supply of the United gible entities meet the applicable require- the audit report for an audit, in a form and States. ments of this Act. manner designated by the Secretary, which ‘‘(b) EFFECT OF INABILITY TO INSPECT.— ‘‘(B) NOTIFICATION.—Each accreditation shall include— Notwithstanding any other provision of law, body recognized by the Secretary shall sub- ‘‘(i) the identity of the persons at the au- food shall be refused admission into the mit to the Secretary a list of all accredited dited eligible entity responsible for compli- United States if it is from a foreign facility third-party auditors and audit agents accred- ance with food safety requirements; registered under section 415 of which the ited by such body. ‘‘(ii) the dates of the audit; owner, operator, or agent in charge of the fa- ‘‘(C) REVOCATION OF RECOGNITION AS AN AC- ‘‘(iii) the scope of the audit; and cility, or the government of the foreign CREDITATION BODY.—The Secretary shall ‘‘(iv) any other info required by the Sec- country, refuses to permit entry of United promptly revoke the recognition of any ac- retary that relate to or may influence an as- States inspectors, upon request, to inspect creditation body found not to be in compli- sessment of compliance with this Act. such facility. For purposes of this sub- ance with the requirements of this section. ‘‘(B) SUBMISSION OF REPORTS TO THE SEC- section, such an owner, operator, or agent in ‘‘(2) MODEL ACCREDITATION STANDARDS.— RETARY.— charge shall be considered to have refused an The Secretary shall develop model stand- ‘‘(i) IN GENERAL.—Following any accredita- inspection if such owner, operator, or agent ards, including audit report requirements, tion of a third-party auditor or audit agent, in charge refuses such a request to inspect a and each recognized accreditation body shall the Secretary may, at any time, require the facility more than 48 hours after such re- ensure that third-party auditors and audit accredited third-party auditor or audit agent quest is submitted.’’. agents meet such standards in order to qual- to submit to the Secretary an onsite audit SEC. 308. ACCREDITATION OF THIRD-PARTY ify as an accredited third-party auditor or report and such other reports or documents AUDITORS AND AUDIT AGENTS. audit agent under this section. In developing required as part of the audit process, for any Chapter VIII (21 U.S.C. 381 et seq.), as the model standards, the Secretary shall eligible entity certified by the third-party amended by section 307, is amended by add- look to standards in place on the date of the auditor or audit agent. Such report may in- ing at the end the following: enactment of this section for guidance, to clude documentation that the eligible entity ‘‘SEC. 809. ACCREDITATION OF THIRD-PARTY avoid unnecessary duplication of efforts and is in compliance with any applicable reg- AUDITORS AND AUDIT AGENTS. costs. istration requirements. ‘‘(a) DEFINITIONS.—In this section: ‘‘(c) THIRD-PARTY AUDITORS AND AUDIT ‘‘(ii) LIMITATION.—The requirement under ‘‘(1) ACCREDITED AUDIT AGENT.—The term AGENCIES.— clause (i) shall not include any report or ‘accredited audit agent’ means an audit ‘‘(1) REQUIREMENTS FOR ACCREDITATION AS A other documents resulting from a consult- agent accredited by an accreditation body THIRD-PARTY AUDITOR OR AUDIT AGENT.— ative audit by the accredited third-party under this section. ‘‘(A) FOREIGN GOVERNMENTS.—Prior to ac- auditor or audit agent, except that the Sec- ‘‘(2) AUDIT AGENT.—The term ‘audit agent’ crediting a foreign government as an accred- retary may access the results of a consult- means an individual who is qualified to con- ited third-party auditor, the accreditation ative audit in accordance with section 414. duct food safety audits, and who may be an body shall perform such reviews and audits ‘‘(4) REQUIREMENTS OF AUDIT AGENTS.— employee or an agent of a third-party audi- of food safety programs, systems, and stand- ‘‘(A) RISKS TO PUBLIC HEALTH.—If, at any tor. ards of the government as the Secretary time during an audit, an accredited audit ‘‘(3) ACCREDITATION BODY.—The term ‘ac- deems necessary to determine that the for- agent discovers a condition that could cause creditation body’ means a recognized author- eign government is capable of adequately en- or contribute to a serious risk to the public ity that performs accreditation of third- suring that eligible entities certified by such health, the audit agent shall immediately party auditors and audit agents. government meet the requirements of this notify the Secretary of— ‘‘(4) ACCREDITED THIRD-PARTY AUDITOR.— Act with respect to food manufactured, proc- ‘‘(i) the identification of the eligible entity The term ‘accredited third-party auditor’ essed, packed, or held for import to the subject to the audit; and means a third-party auditor accredited by an United States. ‘‘(ii) such condition. accreditation body under this section. ‘‘(B) FOREIGN COOPERATIVES AND OTHER ‘‘(B) TYPES OF AUDITS.—An accredited ‘‘(5) CONSULTATIVE AUDIT.—The term ‘con- THIRD PARTIES.—Prior to accrediting a for- audit agent may perform consultative and sultative audit’ means an audit of an eligible eign cooperative that aggregates the prod- regulatory audits of eligible entities. entity— ucts of growers or processors, or any other ‘‘(C) LIMITATIONS.—An accredited audit ‘‘(A) to determine whether such entity is third party that the Secretary determines agent may not perform a regulatory audit of in compliance with the provisions of this Act appropriate to be an accredited third-party an eligible entity if such agent has per- and with applicable industry standards and auditor or audit agent, the accreditation formed a consultative audit or a regulatory practices; and body shall perform such reviews and audits audit of such eligible entity during the pre- ‘‘(B) the results of which are for internal of the training and qualifications of auditors vious 24-month period. facility purposes only. used by that cooperative or party and con- ‘‘(5) CONFLICTS OF INTEREST.— ‘‘(6) ELIGIBLE ENTITY.—The term ‘eligible duct such reviews of internal systems and ‘‘(A) THIRD-PARTY AUDITORS.—An accred- entity’ means a foreign entity, including for- such other investigation of the cooperative ited third-party auditor shall— eign facilities registered under section 415, in or party as the Secretary deems necessary to ‘‘(i) not be owned, managed, or controlled the food import supply chain that chooses to determine that each eligible entity certified by any person that owns or operates an eligi- be audited by an accredited third-party audi- by the cooperative or party has systems and ble entity to be certified by such auditor; tor or audit agent. standards in use to ensure that such entity ‘‘(ii) in carrying out audits of eligible enti- ‘‘(7) REGULATORY AUDIT.—The term ‘regu- meets the requirements of this Act. ties under this section, have procedures to latory audit’ means an audit of an eligible ‘‘(2) REQUIREMENT TO ISSUE CERTIFICATION ensure against the use of any officer or em- entity— OF ELIGIBLE ENTITIES.— ployee of such auditor that has a financial ‘‘(A) to determine whether such entity is ‘‘(A) IN GENERAL.—An accreditation body conflict of interest regarding an eligible en- in compliance with the provisions of this may not accredit a third-party auditor or tity to be certified by such auditor; and Act; and audit agent unless such third-party auditor ‘‘(iii) annually make available to the Sec- ‘‘(B) the results of which determine— or audit agent agrees to issue a written and retary disclosures of the extent to which ‘‘(i) whether an entity is eligible to receive electronic certification to accompany each such auditor and the officers and employees a certification under section 801(p); and food shipment for import into the United of such auditor have maintained compliance ‘‘(ii) whether the entity is eligible to par- States from an eligible entity certified by with clauses (i) and (ii) relating to financial ticipate in the voluntary qualified importer the third-party auditor or audit agent, sub- conflicts of interest. program under section 806. ject to requirements set forth by the Sec- ‘‘(B) AUDIT AGENTS.—An accredited audit ‘‘(8) THIRD-PARTY AUDITOR.—The term retary. The Secretary shall consider such agent shall— ‘third-party auditor’ means a foreign govern- certificates when targeting inspection re- ‘‘(i) not own or operate an eligible entity ment, foreign cooperative, or any other sources under section 421. to be certified by such agent; qualified third party, as the Secretary deter- ‘‘(B) PURPOSE OF CERTIFICATION.—The Sec- ‘‘(ii) in carrying out audits of eligible enti- mines appropriate, that conducts audits of retary shall use evidence of certification pro- ties under this section, have procedures to eligible entities to certify that such eligible vided by accredited third-party auditors and ensure that such agent does not have a fi- entities meet the applicable requirements of audit agents— nancial conflict of interest regarding an eli- this section. ‘‘(i) to determined the eligibility of an im- gible entity to be certified by such agent; ‘‘(b) ACCREDITATION SYSTEM.— porter to receive a certification under sec- and ‘‘(1) ACCREDITATION BODIES.— tion 801(p); and ‘‘(iii) annually make available to the Sec- ‘‘(A) RECOGNITION OF ACCREDITATION BOD- ‘‘(ii) determine the eligibility of an im- retary disclosures of the extent to which IES.—Beginning not later than 2 years after porter to participate in the voluntary quali- such agent has maintained compliance with the date of enactment of the FDA Food Safe- fied importer program under section 806. clauses (i) and (ii) relating to financial con- ty Modernization Act, the Secretary shall es- ‘‘(3) AUDIT REPORT REQUIREMENTS.— flicts of interest.

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‘‘(C) REGULATIONS.—The Secretary shall without the auditor or audit agent present; Health and Human Services, under applica- promulgate regulations not later than 18 and ble statutes and regulations; months after the date of enactment of the ‘‘(4) take any other measures deemed nec- (2) limit the authority of the Secretary of FDA Food Safety Modernization Act to en- essary by the Secretary. Health and Human Services to issue regula- sure that there are protections against con- ‘‘(g) PUBLICLY AVAILABLE REGISTRY.—The tions related to the safety of food under— flicts of interest between an accredited Secretary shall establish a publicly available (A) the Federal Food, Drug, and Cosmetic third-party auditor or audit agent and the registry of accreditation bodies and of ac- Act (21 U.S.C. 301 et seq.) as in effect on the eligible entity to be certified by such auditor credited third-party auditors and audit day before the date of enactment of this Act; or audit agent. Such regulations shall in- agents, including the name of, contact infor- or clude— mation for, and other information deemed (B) the Public Health Service Act (42 ‘‘(i) requiring that audits performed under necessary by the Secretary about such bod- U.S.C. 301 et seq.) as in effect on the day be- this section be unannounced; ies, auditors, and agents. fore the date of enactment of this Act; or ‘‘(ii) a structure, including timing and pub- ‘‘(h) LIMITATIONS.— (3) impede, minimize, or affect the author- lic disclosure, for fees paid by eligible enti- ‘‘(1) NO EFFECT ON SECTION 704 INSPEC- ity of the Secretary of Agriculture to pre- ties to accredited third-party auditors or TIONS.—The audits performed under this sec- vent, control, or mitigate a plant or animal audit agents to decrease the potential for tion shall not be considered inspections health emergency, or a food emergency in- conflicts of interest; and under section 704. volving products regulated under the Federal ‘‘(iii) appropriate limits on financial affili- ‘‘(2) NO EFFECT ON INSPECTION AUTHORITY.— Meat Inspection Act, the Poultry Products ations between an accredited third-party Nothing in this section affects the authority Inspection Act, or the Egg Products Inspec- auditor or audit agent and any person that of the Secretary to inspect any eligible enti- tion Act. owns or operates an eligible entity to be cer- ty pursuant to this Act.’’. tified by such auditor or audit agent. SEC. 309. FOREIGN OFFICES OF THE FOOD AND By Mr. AKAKA: ‘‘(6) WITHDRAWAL OF ACCREDITATION.—The DRUG ADMINISTRATION. S. 514. A bill to amend title 38, (a) IN GENERAL.—The Secretary shall by Secretary shall withdraw accreditation from United States Code, to enhance voca- an accredited third-party auditor or audit October 1, 2010, establish an office of the agent— Food and Drug Administration in not less tional rehabilitation benefits for vet- ‘‘(A) if food from an eligible entity cer- than 5 foreign countries selected by the Sec- erans, and for other purposes; to the tified by such third-party auditor or audit retary, to provide assistance to the appro- Committee on Veterans’ Affairs. agent is linked to an outbreak of human or priate governmental entities of such coun- Mr. AKAKA. Mr. President, I am in- animal illness; tries with respect to measures to provide for troducing today the proposed Veterans ‘‘(B) following a performance audit and the safety of articles of food and other prod- Rehabilitation and Training Improve- finding by the Secretary that the third-party ucts regulated by the Food and Drug Admin- istration exported by such country to the ments Act of 2009. This measure would auditor or audit agent no longer meets the improve the program of rehabilitation requirements for accreditation; or United States, including by directly con- ‘‘(C) following a refusal to allow United ducting risk-based inspections of such arti- and training for veterans who suffer States officials to conduct such audits and cles and supporting such inspections by such from service-connected disabilities by investigations as may be necessary to ensure governmental entity. offering an increase in the amount of (b) CONSULTATION.—In establishing the for- continued compliance with the requirements subsistence allowances, reimbursing eign offices described in subsection (a), the set forth in this section. certain incidental costs, and repealing Secretary shall consult with the Secretary of ‘‘(7) NEUTRALIZING COSTS.—The Secretary State and the United States Trade Rep- the limit on the number of individuals shall establish a method, similar to the resentative. who may be enrolled in a program of method used by the Department of Agri- (c) REPORT.—Not later than October 1, 2011, Independent Living services. culture, by which accredited third-party the Secretary shall submit to Congress a re- Under current law, veterans who are auditors and audit agents reimburse the port on the basis for the selection by the Food and Drug Administration for the work enrolled in a program of rehabilitation Secretary of the foreign countries in which under Chapter 31 receive a monthly performed to establish and administer the the Secretary established offices under sub- accreditation system under this section. The section (a), the progress which such offices subsistence allowance. This, in addi- Secretary shall make operating this program have made with respect to assisting the gov- tion to the payment of the costs of the revenue-neutral and shall not generate sur- ernments of such countries in providing for program of rehabilitation, is intended plus revenue from such a reimbursement the safety of articles of food and other prod- to offer the veteran a means of paying mechanism. ucts regulated by the Food and Drug Admin- for basic living expenses while pursuing ‘‘(d) RECERTIFICATION OF ELIGIBLE ENTI- istration exported to the United States, and TIES.—An eligible entity shall apply for an- their training or education. the plans of the Secretary for establishing With the enactment of the new Post nual recertification by an accredited third- additional foreign offices of the Food and party auditor or audit agent if such entity— Drug Administration, as appropriate. 9–11 GI Bill last year, P.L. 110–323, ‘‘(1) intends to participate in voluntary which adopted a tuition-and-fees plus a TITLE IV—MISCELLANEOUS PROVISIONS qualified importer program under section living allowance approach to the pay- 806; or SEC. 401. FUNDING FOR FOOD SAFETY. (a) IN GENERAL.—There are authorized to ment of benefits under the educational ‘‘(2) must provide to the Secretary a cer- assistance program, I am concerned tification under section 801(p) for any food be appropriated to carry out the activities of from such entity. the Center for Food Safety and Applied Nu- that there may be an inequity between ‘‘(e) FALSE STATEMENTS.—Any statement trition, the Center for Veterinary Medicine, the vocational rehabilitation and edu- or representation made— and related field activities in the Office of cation programs and that individuals ‘‘(1) by an employee or agent of an eligible Regulatory Affairs of the Food and Drug Ad- who would truly benefit from enroll- entity to an accredited third-party auditor ministration— ment in a program of rehabilitation or audit agent; or (1) $825,000,000 for fiscal year 2010; and (2) such sums as may be necessary for fis- and employment under Chapter 31 will ‘‘(2) by an accredited third-party auditor or be tempted to enroll in the Chapter 33 an audit agent to the Secretary, cal years 2011 through 2014. shall be subject to section 1001 of title 18, (b) INCREASED NUMBER OF FIELD STAFF.— education program in order to take ad- United States Code. To carry out the activities of the Center for vantage of the higher living allowance. ‘‘(f) MONITORING.—To ensure compliance Food Safety and Applied Nutrition, the Cen- Those who would make such an elec- with the requirements of this section, the ter for Veterinary Medicine, and related field tion might forgo valuable counseling, Secretary shall— activities of the Office of Regulatory Affairs employment and placement, and other of the Food and Drug Administration, the ‘‘(1) periodically, or at least once every 4 assistance from which they might ben- years, reevaluate the accreditation bodies Secretary of Health and Human Services described in subsection (b)(1); shall increase the field staff of such Centers efit. ‘‘(2) periodically, or at least once every 4 and Office with a goal of not fewer than— To address this concern, the measure years, audit the performance of each accred- (1) 3,800 staff members in fiscal year 2010; I am introducing today would modify ited third-party auditor and audit agent, (2) 4,000 staff members in fiscal year 2011; the Chapter 31 program by offering a through the review of audit reports by such (3) 4,200 staff members in fiscal year 2012; subsistence allowance to enrollees auditors and audit agents, the compliance (4) 4,600 staff members in fiscal year 2013; equal to the national average for the history as available of eligible entities cer- and Department of Defense’s Basic Allow- (5) 5,000 staff members in fiscal year 2014. tified by such auditors and audit agents, and ance for Housing, BAH, for members of any other measures deemed necessary by the SEC. 402. JURISDICTION; AUTHORITIES. Secretary; Nothing in this Act, or an amendment the military at the E–5 level, adjusted ‘‘(3) at any time, conduct an onsite audit of made by this Act, shall be construed to— for marital status. This is similar, al- any eligible entity certified by an accredited (1) alter the jurisdiction between the Sec- though not identical to, the approach third-party auditor or audit agent, with or retary of Agriculture and the Secretary of of the new chapter 33 program which

VerDate Nov 24 2008 02:25 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.063 S03MRPT1 wwoods2 on PRODPC68 with SENATE S2706 CONGRESSIONAL RECORD — SENATE March 3, 2009 adopted a regionalized BAH approach While there will be costs associated (1) by striking subsection (e); and based on the address of the institution. with this legislation, the veterans who (2) by redesignating subsection (f) as sub- This is intended to help ensure that are served by the chapter 31 rehabilita- section (e). individuals who could best benefit from tion and employment program are the By Mr. LEAHY (for himself, Mr. enrollment in the Chapter 31 program highest priority for our Nation—indi- HATCH, Mr. SCHUMER, Mr. are not faced with a disincentive to do viduals who have incurred service-con- CRAPO, Mr. WHITEHOUSE, Mr. so. nected disabilities in service to the With regard to the second issue, VA RISCH, and Mrs. GILLIBRAND): country. This truly is one of the costs S. 515. A bill to amend title 35, is permitted to pay certain costs asso- of war that must be borne. ciated with enrollment of an individual United States Code, to provide for pat- I look forward to working with my ent reform; to the Committee on the in a program of rehabilitation—for ex- colleagues in moving this legislation ample, fees, equipment, and supplies. Judiciary. through the Congress. Mr. LEAHY. Mr. President, ingenuity However, there are other costs that an Mr. President, I ask unanimous con- and innovation have been a corner- individual might incur that are not sent that the text of the bill be printed stone of the American economy from covered by VA and these costs could in the RECORD. the time Thomas Jefferson issued the represent a substantial barrier to the There being no objection, the text of first patent to today. successful completion of a program. An the bill was ordered to be placed in the The Founding Fathers recognized the example could be that of a single young RECORD, as follows: importance of promoting innovation, mother with young children who—in S. 514 and the Constitution explicitly grants order to attend classes—needs child Congress the power to ‘‘promote the care. Another example might be a vet- Be it enacted by the Senate and House of Rep- resentatives of the United States of America in progress and science and useful arts, by eran who lost both legs in service and Congress assembled, securing for limited times to . . . inven- needs a new suit in order to make the SECTION 1. SHORT TITLE. tors the exclusive right to their respec- most favorable impression at the inter- This Act may be cited as the ‘‘Veterans tive . . . discoveries.’’ The discoveries view with a prospective employer. Rehabilitation and Training Improvements made by American inventors and re- The legislation I am introducing Act of 2009’’ search institutions, commercialized by today would require VA to issue regu- SEC. 2. SUBSISTENCE ALLOWANCE FOR VET- our companies, and protected and pro- lations providing for the reimburse- ERANS PARTICIPATING IN A PRO- moted by our patent laws have made ment of incidental costs associated GRAM OF REHABILITATION. our system the envy of the world. (a) MODIFICATION OF AMOUNT OF SUBSIST- with obstacles that pose substantial The legislation I introduce today ENCE ALLOWANCE.—Subsection (b) of section barriers to successful completion of a with Senator HATCH, and many others program. I believe that this will sub- 3108 of title 38, United States Code, is amend- ed to read as follows: and from across the political spectrum, stantially increase the ability of many ‘‘(b) Except as otherwise provided in this will keep America in its longstanding individuals to finish their rehabilita- section, the amount of the subsistence allow- position at the pinnacle of innovation. tion programs and be placed in reward- ance to be paid to a veteran under this chap- This bill will establish a more efficient ing jobs. ter for a month during which the veteran and streamlined patent system that I also believe we need to repeal the participates in a rehabilitation program will improve patent quality and limit cap on the number of individuals who under this chapter shall be the amount equal unnecessary and counterproductive may be enrolled in a program of Inde- to the national average of the amount of litigation costs, while making sure no pendent Living services under the basic allowance for housing payable under section 403 of title 37 for that month for a party’s access to court is denied. Chapter 31 program. Current law pro- Innovation and economic develop- vides that individuals for whom a de- member of the uniformed services in pay grade E–5 with or without dependents, as ap- ment are not uniquely Democratic or termination is made that a program of plicable.’’. Republican objectives. I have been rehabilitation leading to employment (b) EFFECTIVE DATE.—The amendment working on the Patent Reform Act on is not reasonably feasible may be eligi- made by subsection (a) shall take effect on a bipartisan basis with Senator HATCH ble for enrollment in a program of October 1, 2009, and shall apply with respect and others for several years—and Sen- independent living services which is de- to subsistence allowances payable under ator HATCH and I worked on various signed to help the individual achieve a chapter 31 of title 38, United States Code, for patent issues for many years before maximum level of independence in months beginning on or after that date. that. daily life. However, the number of vet- SEC. 3. REIMBURSEMENT FOR COSTS OF PAR- Last Congress, I introduced, along TICIPATION IN A PROGRAM OF RE- erans who in any one year may enroll HABILITATION FOLLOWING SUC- with Senator HATCH, the Patent Re- in these programs is capped at 2,600. CESSFUL COMPLETION OF PRO- form Act of 2007, which is the precursor Even though the VA has testified in GRAM OF REHABILITATION. to the legislation we introduce today. the past that this enrollment cap does Section 3108 of title 38, United States Code, That bill was the subject of consider- not present any problem for the effec- is amended by adding at the end the fol- ation and amendments over four weeks tive conduct of the program, I remain lowing new subsection: of mark-up sessions in the Senate Judi- concerned—despite the fact that last ‘‘(j)(1) The Secretary may, under such reg- ciary Committee. After the Judiciary ulations as the Secretary shall prescribe for year Congress raised the cap from 2,500 purposes of this subsection, pay to each vet- Committee voted to approve the bill in to 2,600 in P.L. 110–389—that the effect eran who successfully completes participa- July 2007, we continued to hold numer- of the cap is to put downward pressure tion in a rehabilitation program under this ous meetings, briefings, and stake- on VA’s enrollment of eligible veterans chapter an amount to reimburse the veteran holder roundtables—again, on a bipar- in this very important program. This is for costs incurred by veteran as a direct con- tisan basis. of particular concern when so many of sequence of participation in the program. The legislation we introduce today today’s returning servicemembers suf- The costs for which payment may be made picks up where we left off in those dis- fer from disabilities that may require under this subsection may include child care cussions. We have made some changes extensive periods of rehabilitation and expenses, costs for clothing for interviews from the Committee-approved bill in for employment, and such other costs as the response to concerns we heard from assistance in achieving independence Secretary may prescribe in such regulations. in their daily lives that can result from The amounts payable in reimbursement for groups ranging from labor unions to such conditions as traumatic brain in- any such costs shall be the amounts deter- small inventors to manufacturers. We jury or PTSD. mined in accordance with such regulations. have removed the requirement that all Disabled veterans are transitioning ‘‘(2) Any payment of costs in reimburse- patent applications be published 18 from military service into an economy ment of a veteran under this subsection is in months after they are filed and we that is changing, challenging, and con- addition to the subsistence allowance pay- have removed the requirement for Ap- tracting at historic rates. My bill will able to the veteran under this section.’’. plicant Quality Submissions. We have give these veterans more of the help SEC. 4. REPEAL OF LIMITATION ON NUMBER OF also adopted the House approach to im- VETERANS ENROLLED IN PRO- they need by increasing program flexi- GRAMS OF INDEPENDENT LIVING proving the current inter partes reex- bility and boosting the living stipend SERVICES AND ASSISTANCE. amination process, rather than cre- for disabled veterans undergoing reha- Section 3120 of title 38, United States Code, ating a new second window post-grant bilitation. is amended— review.

VerDate Nov 24 2008 03:31 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.013 S03MRPT1 wwoods2 on PRODPC68 with SENATE March 3, 2009 CONGRESSIONAL RECORD — SENATE S2707 Perhaps the most hotly debated topic Second, the costs and uncertainty as- the time to create jobs at home. Now is in the patent reform debate last Con- sociated with patent litigation have es- the time for Congress to act on patent gress was the damages provision. The calated in recent years, and are cre- reform. reasonable royalty language in the bill ating an unbearable drag on innova- Mr. President, I ask unanimous con- we introduce today is identical to the tion. Damage awards are inconsistent sent that the text of the bill be printed language approved by the Judiciary and too often fail to focus on the value in the RECORD. Committee last Congress. While I of the invention to the infringing prod- There being no objection, the text of strongly support this language, I am uct. This disconnect and uncertainty is the bill was ordered to be printed in prepared to continue the conversation a problem that also leads to unreason- the RECORD, as follows: and debate from the last Congress in able posturing during licensing nego- S. 515 order to find the best language we can. tiations. Be it enacted by the Senate and House of Rep- There have been several positive de- Third, as business and competition resentatives of the United States of America in velopments since the Committee voted become more global, patent applicants Congress assembled, to report the legislation in July 2007. are increasingly filing patent applica- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Senator SPECTER has made construc- tions in other countries for protection (a) SHORT TITLE.—This Act may be cited as tive suggestions about a ‘‘gate keep- of their inventions. The filing system the ‘‘Patent Reform Act of 2009’’. in the United States, known as ‘‘first- (b) TABLE OF CONTENTS.—The table of con- ing’’ role for the court in damage cal- tents for this Act is as follows: culations. The Supreme Court’s Quanta to-invent,’’ differs from that in other patent-issuing jurisdictions, which Sec. 1. Short title; table of contents. decision may offer a useful way of de- Sec. 2. Right of the first inventor to file. scribing the truly inventive feature of have ‘‘first-to-file’’ systems. This Sec. 3. Inventor’s oath or declaration. a patent. There is much work to do on causes confusion and inefficiencies for Sec. 4. Right of the inventor to obtain dam- this provision and I am optimistic that American companies and innovators. ages. by continuing to work together, we The Patent Reform Act of 2009 pro- Sec. 5. Post-grant procedures and other will find the right language. motes innovation, and will improve our quality enhancements. economy, by addressing these impedi- Sec. 6. Definitions; patent trial and appeal During consideration of the Patent board. Reform Act of 2007 in Committee last ments to growth. As the administra- tion endeavors to guide the economy Sec. 7. Preissuance submissions by third Congress, I offered an amendment, parties. which was adopted, to codify the in- out of the recession, as payrolls shrink Sec. 8. Venue and jurisdiction. equitable conduct doctrine. Senator and the jobless rate rises, Congress Sec. 9. Patent and trademark office regu- HATCH has asked that the provision be cannot afford to sit idly by while inno- latory authority. vation—the engine of our economy—is Sec. 10. Residency of Federal Circuit judges. removed on introduction this year. I Sec. 11. Micro-entity defined. understand that the issue of inequi- impeded by outdated laws. Our legislation ensures that, in the Sec. 12. Technical amendments. table conduct is very important to Sen- Information Age, we have the legal Sec. 13. Effective date; rule of construction. ator HATCH, and I will work with him Sec. 14. Severability. landscape necessary for our innovators to address any statutory changes. SEC. 2. RIGHT OF THE FIRST INVENTOR TO FILE. to flourish. It will improve the quality It has been more than 50 years since (a) DEFINITIONS.—Section 100 of title 35, Congress significantly updated the pat- of patents and remove the ambiguity United States Code, is amended by adding at from the process of litigating patent ent system. In the decades since, our the end the following: claims, which will promote innovation ‘‘(f) The term ‘inventor’ means the indi- economy has changed dramatically. No stifled by the current system. As inno- vidual or, if a joint invention, the individ- longer is the economy defined only by vation is encouraged, and excessive uals collectively who invented or discovered assembly lines and brick-and-mortar litigation costs are removed, competi- the subject matter of the invention. production. We are living in the Infor- tion will increase and the consumer ‘‘(g) The terms ‘joint inventor’ and ‘co- mation Age, and the products and proc- inventor’ mean any 1 of the individuals who cost of products will fall. In this way, esses that are being patented are invented or discovered the subject matter of the bill directly benefits both creators changing as quickly as the times them- a joint invention. and consumers of inventive products. ‘‘(h) The ‘effective filing date of a claimed selves. Patent reform is ultimately about A patent system developed for a 1952 invention’ is— economic development. It is about ‘‘(1) the filing date of the patent or the ap- economy, needs to be reconsidered in jobs, it is about innovation, and it is plication for the patent containing the claim light of 21st century realities, while about consumers. All benefit under a to the invention; or staying true to our constitutional im- patent system that reduces unneces- ‘‘(2) if the patent or application for patent perative. The patent laws that were sary costs, removes inefficiencies, and is entitled to a right of priority of any other application under section 119, 365(a), or 365(b) sufficiently robust for promoting inno- holds true to the vision of our Found- vation and economic development are or to the benefit of an earlier filing date in ers that Congress should establish a the United States under section 120, 121, or now actually impeding growth, harm- national policy that promotes the ing innovators and raising prices on 365(c), the filing date of the earliest such ap- progress of science and the useful arts. plication in which the claimed invention is consumers. When Thomas Jefferson issued that disclosed in the manner provided by the first The array of voices heard in this de- first patent in 1790—a patent that went paragraph of section 112. bate—representing virtually all sectors to a Vermonter—no one could have pre- ‘‘(i) The term ‘claimed invention’ means of the economy and all interests in the dicted how the American economy the subject matter defined by a claim in a patent system—have certainly not would develop and what changes would patent or an application for a patent. ‘‘(j) The term ‘joint invention’ means an been uniform, but three major areas of be needed for the law to keep pace, but concern with the current patent sys- invention resulting from the collaboration of the purpose then remains the purpose inventive endeavors of 2 or more persons tem can be distilled from their discus- today—promoting progress. working toward the same end and producing sions. As I said when I introduced the Pat- an invention by their collective efforts.’’. First, there is significant concern ent Reform Act last Congress: If we are (b) CONDITIONS FOR PATENTABILITY.— that the U.S. Patent and Trademark to maintain our position at the fore- (1) IN GENERAL.—Section 102 of title 35, Office, PTO, is issuing low quality pat- front of the world’s economy, if we are United States Code, is amended to read as ents. Patent examiners are facing a dif- to continue to lead the world in inno- follows: ficult task given the explosion in the vation and production, if we are to con- ‘‘§ 102. Conditions for patentability; novelty number of applications and the increas- tinue to benefit from the ideas of the ‘‘(a) NOVELTY; PRIOR ART.—A patent for a ing complexity of those applications. most creative citizens, then we must claimed invention may not be obtained if— When Congress last overhauled the pat- have a patent system that produces ‘‘(1) the claimed invention was patented, ent system in 1952, the PTO received high quality patents, that limits coun- described in a printed publication, or in pub- approximately 60,000 patent applica- lic use, on sale, or otherwise available to the terproductive litigation over those pat- public— tions; in 2006, it received 440,000. Clear- ents, and that makes the entire system ‘‘(A) more than 1 year before the effective ly, this puts a strain on the system and more streamlined and efficient. filing date of the claimed invention; or understandably affects the quality of Now is the time to bolster our role as ‘‘(B) 1 year or less before the effective fil- patents issued. the world leader in innovation. Now is ing date of the claimed invention, other than

VerDate Nov 24 2008 02:25 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.014 S03MRPT1 wwoods2 on PRODPC68 with SENATE S2708 CONGRESSIONAL RECORD — SENATE March 3, 2009 through disclosures made by the inventor or date of the earliest such application that de- 102(a) would end before the end of that 2-year a joint inventor or by others who obtained scribes the subject matter.’’. period’’; and the subject matter disclosed directly or indi- (2) CONFORMING AMENDMENT.—The item re- (ii) by striking ‘‘the statutory’’ and insert- rectly from the inventor or a joint inventor; lating to section 102 in the table of sections ing ‘‘that 1-year’’; and or for chapter 10 of title 35, United States Code, (B) in paragraph (3), by striking ‘‘any stat- ‘‘(2) the claimed invention was described in is amended to read as follows: utory bar date that may occur under this a patent issued under section 151, or in an ap- ‘‘102. Conditions for patentability; novelty.’’. title due to publication, on sale, or public plication for patent published or deemed (c) CONDITIONS FOR PATENTABILITY; NON- use’’ and inserting ‘‘the expiration of the 1- published under section 122(b), in which the OBVIOUS SUBJECT MATTER.—Section 103 of year period referred to in section 102(a)’’. patent or application, as the case may be, title 35, United States Code, is amended to (h) REPEAL OF INTERFERING PATENT REM- names another inventor and was effectively read as follows: EDIES.—Section 291 of title 35, United States filed before the effective filing date of the ‘‘§ 103. Conditions for patentability; non- Code, and the item relating to that section claimed invention. obvious subject matter in the table of sections for chapter 29 of title 35, United States Code, are repealed. ‘‘(b) EXCEPTIONS.— ‘‘A patent for a claimed invention may not (i) ACTION FOR CLAIM TO PATENT ON DE- ‘‘(1) PRIOR INVENTOR DISCLOSURE EXCEP- be obtained though the claimed invention is RIVED INVENTION.—Section 135 of title 35, TION.—Subject matter that would otherwise not identically disclosed as set forth in sec- United States Code, is amended to read as qualify as prior art based upon a disclosure tion 102, if the differences between the follows: under subparagraph (B) of subsection (a)(1) claimed invention and the prior art are such shall not be prior art to a claimed invention that the claimed invention as a whole would ‘‘(a) DISPUTE OVER RIGHT TO PATENT.— under that subparagraph if the subject mat- have been obvious before the effective filing ‘‘(1) INSTITUTION OF DERIVATION PRO- ter had, before such disclosure, been publicly date of the claimed invention to a person CEEDING.—An applicant may request initi- disclosed by the inventor or a joint inventor having ordinary skill in the art to which the ation of a derivation proceeding to deter- or others who obtained the subject matter claimed invention pertains. Patentability mine the right of the applicant to a patent disclosed directly or indirectly from the in- shall not be negated by the manner in which by filing a request which sets forth with par- ventor or a joint inventor. the invention was made.’’. ticularity the basis for finding that an ear- ‘‘(2) DERIVATION, PRIOR DISCLOSURE, AND (d) REPEAL OF REQUIREMENTS FOR INVEN- lier applicant derived the claimed invention COMMON ASSIGNMENT EXCEPTIONS.—Subject TIONS MADE ABROAD.—Section 104 of title 35, from the applicant requesting the proceeding matter that would otherwise qualify as prior United States Code, and the item relating to and, without authorization, filed an applica- art only under subsection (a)(2), after taking that section in the table of sections for chap- tion claiming such invention. Any such re- into account the exception under paragraph ter 10 of title 35, United States Code, are re- quest may only be made within 12 months (1), shall not be prior art to a claimed inven- pealed. after the date of first publication of an appli- tion if— (e) REPEAL OF STATUTORY INVENTION REG- cation containing a claim that is the same or ‘‘(A) the subject matter was obtained di- ISTRATION.— is substantially the same as the claimed in- rectly or indirectly from the inventor or a (1) IN GENERAL.—Section 157 of title 35, vention, must be made under oath, and must joint inventor; United States Code, and the item relating to be supported by substantial evidence. When- ‘‘(B) the subject matter had been publicly that section in the table of sections for chap- ever the Director determines that patents or disclosed by the inventor or a joint inventor ter 14 of title 35, United States Code, are re- applications for patent naming different in- or others who obtained the subject matter pealed. dividuals as the inventor interfere with one disclosed, directly or indirectly, from the in- (2) REMOVAL OF CROSS REFERENCES.—Sec- another because of a dispute over the right ventor or a joint inventor before the effec- tion 111(b)(8) of title 35, United States Code, to patent under section 101, the Director tive filing date of the application or patent is amended by striking ‘‘sections 115, 131, 135, shall institute a derivation proceeding for set forth under subsection (a)(2); or and 157’’ and inserting ‘‘sections 131 and 135’’. the purpose of determining which applicant ‘‘(C) the subject matter and the claimed in- (f) EARLIER FILING DATE FOR INVENTOR AND is entitled to a patent. vention, not later than the effective filing JOINT INVENTOR.—Section 120 of title 35, ‘‘(2) DETERMINATION BY PATENT TRIAL AND date of the claimed invention, were owned by United States Code, is amended by striking APPEAL BOARD.—In any proceeding under this the same person or subject to an obligation ‘‘which is filed by an inventor or inventors subsection, the Patent Trial and Appeal of assignment to the same person. named’’ and inserting ‘‘which names an in- Board— ‘‘(3) JOINT RESEARCH AGREEMENT EXCEP- ventor or joint inventor’’. ‘‘(A) shall determine the question of the TION.— (g) CONFORMING AMENDMENTS.— right to patent; ‘‘(A) IN GENERAL.—Subject matter and a (1) RIGHT OF PRIORITY.—Section 172 of title ‘‘(B) in appropriate circumstances, may claimed invention shall be deemed to have 35, United States Code, is amended by strik- correct the naming of the inventor in any been owned by the same person or subject to ing ‘‘and the time specified in section application or patent at issue; and an obligation of assignment to the same per- 102(d)’’. ‘‘(C) shall issue a final decision on the son in applying the provisions of paragraph (2) LIMITATION ON REMEDIES.—Section right to patent. (2) if— 287(c)(4) of title 35, United States Code, is ‘‘(3) DERIVATION PROCEEDING.—The Board ‘‘(i) the claimed invention was made by or amended by striking ‘‘the earliest effective may defer action on a request to initiate a on behalf of parties to a joint research agree- filing date of which is prior to’’ and inserting derivation proceeding until 3 months after ment that was in effect on or before the ef- ‘‘which has an effective filing date before’’. the date on which the Director issues a pat- fective filing date of the claimed invention; (3) INTERNATIONAL APPLICATION DESIG- ent to the applicant that filed the earlier ap- ‘‘(ii) the claimed invention was made as a NATING THE UNITED STATES: EFFECT.—Section plication. result of activities undertaken within the 363 of title 35, United States Code, is amend- ‘‘(4) EFFECT OF FINAL DECISION.—The final scope of the joint research agreement; and ed by striking ‘‘except as otherwise provided decision of the Patent Trial and Appeal ‘‘(iii) the application for patent for the in section 102(e) of this title’’. Board, if adverse to the claim of an appli- claimed invention discloses or is amended to (4) PUBLICATION OF INTERNATIONAL APPLICA- cant, shall constitute the final refusal by the disclose the names of the parties to the joint TION: EFFECT.—Section 374 of title 35, United United States Patent and Trademark Office research agreement. States Code, is amended by striking ‘‘sec- on the claims involved. The Director may ‘‘(B) For purposes of subparagraph (A), the tions 102(e) and 154(d)’’ and inserting ‘‘sec- issue a patent to an applicant who is deter- term ‘joint research agreement’ means a tion 154(d)’’. mined by the Patent Trial and Appeal Board written contract, grant, or cooperative (5) PATENT ISSUED ON INTERNATIONAL APPLI- to have the right to patent. The final deci- agreement entered into by 2 or more persons CATION: EFFECT.—The second sentence of sec- sion of the Board, if adverse to a patentee, or entities for the performance of experi- tion 375(a) of title 35, United States Code, is shall, if no appeal or other review of the de- mental, developmental, or research work in amended by striking ‘‘Subject to section cision has been or can be taken or had, con- the field of the claimed invention. 102(e) of this title, such’’ and inserting stitute cancellation of the claims involved in ‘‘(4) PATENTS AND PUBLISHED APPLICATIONS ‘‘Such’’. the patent, and notice of such cancellation EFFECTIVELY FILED.—A patent or application (6) LIMIT ON RIGHT OF PRIORITY.—Section shall be endorsed on copies of the patent dis- for patent is effectively filed under sub- 119(a) of title 35, United States Code, is tributed after such cancellation by the section (a)(2) with respect to any subject amended by striking ‘‘; but no patent shall United States Patent and Trademark Office. matter described in the patent or applica- be granted’’ and all that follows through ‘‘(b) SETTLEMENT.—Parties to a derivation tion— ‘‘one year prior to such filing’’. proceeding may terminate the proceeding by ‘‘(A) as of the filing date of the patent or (7) INVENTIONS MADE WITH FEDERAL ASSIST- filing a written statement reflecting the the application for patent; or ANCE.—Section 202(c) of title 35, United agreement of the parties as to the correct in- ‘‘(B) if the patent or application for patent States Code, is amended— ventors of the claimed invention in dispute. is entitled to claim a right of priority under (A) in paragraph (2)— Unless the Patent Trial and Appeal Board section 119, 365(a), or 365(b) or to claim the (i) by striking ‘‘publication, on sale, or finds the agreement to be inconsistent with benefit of an earlier filing date under section public use,’’ and all that follows through the evidence of record, it shall take action 120, 121, or 365(c), based upon 1 or more prior ‘‘obtained in the United States’’ and insert- consistent with the agreement. Any written filed applications for patent, as of the filing ing ‘‘the 1-year period referred to in section settlement or understanding of the parties

VerDate Nov 24 2008 02:25 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.077 S03MRPT1 wwoods2 on PRODPC68 with SENATE March 3, 2009 CONGRESSIONAL RECORD — SENATE S2709 shall be filed with the Director. At the re- Act of 2009), derivation proceedings, and ‘‘(B) set forth the circumstances rep- quest of a party to the proceeding, the agree- post-grant review proceedings, at the in- resenting the permitted basis for the filing of ment or understanding shall be treated as stance of an applicant for a patent or any the substitute statement in lieu of the oath business confidential information, shall be party to a patent interference (commenced or declaration under subsection (a); and kept separate from the file of the involved before the effective date of the Patent Re- ‘‘(C) contain any additional information, patents or applications, and shall be made form Act of 2009), derivation proceeding, or including any showing, required by the Di- available only to Government agencies on post-grant review proceeding, and any such rector. written request, or to any person on a show- appeal shall waive any right of such appli- ‘‘(e) MAKING REQUIRED STATEMENTS IN AS- ing of good cause. cant or party to proceed under section 145 or SIGNMENT OF RECORD.—An individual who is ‘‘(c) ARBITRATION.—Parties to a derivation 146 of title 35;’’. under an obligation of assignment of an ap- proceeding, within such time as may be spec- (k) SEARCH AND EXAMINATION FUNCTIONS.— plication for patent may include the re- ified by the Director by regulation, may de- Section 131 of title 35, United States Code, is quired statements under subsections (b) and termine such contest or any aspect thereof amended by— (c) in the assignment executed by the indi- by arbitration. Such arbitration shall be (1) by striking ‘‘The Director shall cause’’ vidual, in lieu of filing such statements sepa- governed by the provisions of title 9 to the and inserting ‘‘(a) IN GENERAL.—The Direc- rately. extent such title is not inconsistent with tor shall cause’’; and ‘‘(f) TIME FOR FILING.—A notice of allow- this section. The parties shall give notice of (2) by adding at the end the following: ance under section 151 may be provided to an any arbitration award to the Director, and ‘‘(b) SEARCH AND EXAMINATION FUNC- applicant for patent only if the applicant for such award shall, as between the parties to TIONS.—To the extent consistent with United patent has filed each required oath or dec- the arbitration, be dispositive of the issues States obligations under international laration under subsection (a) or has filed a to which it relates. The arbitration award agreements, examination and search duties substitute statement under subsection (d) or shall be unenforceable until such notice is for the grant of a United States patent are recorded an assignment meeting the require- given. Nothing in this subsection shall pre- sovereign functions which shall be performed ments of subsection (e). clude the Director from determining patent- within the United States by United States ‘‘(g) EARLIER-FILED APPLICATION CON- TAINING REQUIRED STATEMENTS OR SUB- ability of the invention involved in the deri- citizens who are employees of the United STITUTE STATEMENT.—The requirements vation proceeding.’’. States Government.’’. under this section shall not apply to an indi- (j) ELIMINATION OF REFERENCES TO INTER- SEC. 3. INVENTOR’S OATH OR DECLARATION. vidual with respect to an application for pat- FERENCES.—(1) Sections 6, 41, 134, 141, 145, 146, (a) INVENTOR’S OATH OR DECLARATION.— ent in which the individual is named as the 154, 305, and 314 of title 35, United States (1) IN GENERAL.—Section 115 of title 35, inventor or a joint inventor and that claims Code, are each amended by striking ‘‘Board United States Code, is amended to read as the benefit under section 120 or 365(c) of the of Patent Appeals and Interferences’’ each follows: filing of an earlier-filed application, if— place it appears and inserting ‘‘Patent Trial ‘‘§ 115. Inventor’s oath or declaration ‘‘(1) an oath or declaration meeting the re- and Appeal Board’’. ‘‘(a) NAMING THE INVENTOR; INVENTOR’S (2) Sections 141, 146, and 154 of title 35, quirements of subsection (a) was executed by OATH OR DECLARATION.—An application for United States Code, are each amended— the individual and was filed in connection patent that is filed under section 111(a), that (A) by striking ‘‘an interference’’ each with the earlier-filed application; commences the national stage under section place it appears and inserting ‘‘a derivation ‘‘(2) a substitute statement meeting the re- 363, or that is filed by an inventor for an in- proceeding’’; and quirements of subsection (d) was filed in the vention for which an application has pre- (B) by striking ‘‘interference’’ each addi- earlier filed application with respect to the viously been filed under this title by that in- tional place it appears and inserting ‘‘deriva- individual; or ventor shall include, or be amended to in- tion proceeding’’. ‘‘(3) an assignment meeting the require- (3) The section heading for section 134 of clude, the name of the inventor of any ments of subsection (e) was executed with re- title 35, United States Code, is amended to claimed invention in the application. Except spect to the earlier-filed application by the read as follows: as otherwise provided in this section, an in- individual and was recorded in connection dividual who is the inventor or a joint inven- with the earlier-filed application. ‘‘§ 134. Appeal to the Patent Trial and Appeal tor of a claimed invention in an application ‘‘(h) SUPPLEMENTAL AND CORRECTED STATE- Board’’. for patent shall execute an oath or declara- MENTS; FILING ADDITIONAL STATEMENTS.— (4) The section heading for section 135 of tion in connection with the application. ‘‘(1) IN GENERAL.—Any person making a title 35, United States Code, is amended to ‘‘(b) REQUIRED STATEMENTS.—An oath or statement required under this section may read as follows: declaration under subsection (a) shall con- withdraw, replace, or otherwise correct the ‘‘§ 135. Derivation proceedings’’. tain statements that— statement at any time. If a change is made (5) The section heading for section 146 of ‘‘(1) the application was made or was au- in the naming of the inventor requiring the title 35, United States Code, is amended to thorized to be made by the affiant or declar- filing of 1 or more additional statements read as follows: ant; and under this section, the Director shall estab- ‘‘(2) such individual believes himself or lish regulations under which such additional ‘‘§ 146. Civil action in case of derivation pro- herself to be the original inventor or an statements may be filed. ceeding’’. original joint inventor of a claimed inven- ‘‘(2) SUPPLEMENTAL STATEMENTS NOT RE- (6) Section 154(b)(1)(C) of title 35, United tion in the application. QUIRED.—If an individual has executed an States Code, is amended by striking ‘‘INTER- ‘‘(c) ADDITIONAL REQUIREMENTS.—The Di- oath or declaration under subsection (a) or FERENCES’’ and inserting ‘‘DERIVATION PRO- rector may specify additional information an assignment meeting the requirements of CEEDINGS’’. relating to the inventor and the invention subsection (e) with respect to an application (7) The item relating to section 6 in the that is required to be included in an oath or for patent, the Director may not thereafter table of sections for chapter 1 of title 35, declaration under subsection (a). require that individual to make any addi- United States Code, is amended to read as ‘‘(d) SUBSTITUTE STATEMENT.— tional oath, declaration, or other statement follows: ‘‘(1) IN GENERAL.—In lieu of executing an equivalent to those required by this section ‘‘6. Patent Trial and Appeal Board.’’. oath or declaration under subsection (a), the in connection with the application for patent (8) The items relating to sections 134 and applicant for patent may provide a sub- or any patent issuing thereon. 135 in the table of sections for chapter 12 of stitute statement under the circumstances ‘‘(3) SAVINGS CLAUSE.—No patent shall be title 35, United States Code, are amended to described in paragraph (2) and such addi- invalid or unenforceable based upon the fail- read as follows: tional circumstances that the Director may ure to comply with a requirement under this ‘‘134. Appeal to the Patent Trial and Appeal specify by regulation. section if the failure is remedied as provided Board. ‘‘(2) PERMITTED CIRCUMSTANCES.—A sub- under paragraph (1). ‘‘135. Derivation proceedings.’’. stitute statement under paragraph (1) is per- ‘‘(i) ACKNOWLEDGMENT OF PENALTIES.—Any mitted with respect to any individual who— declaration or statement filed pursuant to (9) The item relating to section 146 in the ‘‘(A) is unable to file the oath or declara- this section shall contain an acknowledg- table of sections for chapter 13 of title 35, tion under subsection (a) because the indi- ment that any willful false statement made United States Code, is amended to read as vidual— in such declaration or statement is punish- follows: ‘‘(i) is deceased; able under section 1001 of title 18 by fine or ‘‘146. Civil action in case of derivation pro- ‘‘(ii) is under legal incapacity; or imprisonment of not more than 5 years, or ceeding.’’. ‘‘(iii) cannot be found or reached after dili- both.’’. (10) CERTAIN APPEALS.—Section gent effort; or (2) RELATIONSHIP TO DIVISIONAL APPLICA- 1295(a)(4)(A) of title 28, United States Code, ‘‘(B) is under an obligation to assign the TIONS.—Section 121 of title 35, United States is amended to read as follows: invention but has refused to make the oath Code, is amended by striking ‘‘If a divisional ‘‘(A) the Patent Trial and Appeal Board of or declaration required under subsection (a). application’’ and all that follows through the United States Patent and Trademark Of- ‘‘(3) CONTENTS.—A substitute statement ‘‘inventor.’’. fice with respect to patent applications, in- under this subsection shall— (3) REQUIREMENTS FOR NONPROVISIONAL AP- terference proceedings (commenced before ‘‘(A) identify the individual with respect to PLICATIONS.—Section 111(a) of title 35, United the date of enactment of the Patent Reform whom the statement applies; States Code, is amended—

VerDate Nov 24 2008 02:25 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.077 S03MRPT1 wwoods2 on PRODPC68 with SENATE S2710 CONGRESSIONAL RECORD — SENATE March 3, 2009 (A) in paragraph (2)(C), by striking ‘‘by the adducing any further evidence the court patent owner presents clear and convincing applicant’’ and inserting ‘‘or declaration’’; deems necessary, which of the following evidence that acting with objective reckless- (B) in the heading for paragraph (3), by methods shall be used by the court or the ness— striking ‘‘AND OATH’’; and jury in calculating a reasonable royalty pur- ‘‘(A) after receiving written notice from (C) by striking ‘‘and oath’’ each place it suant to subsection (a). The court shall also the patentee— appears. identify the factors that are relevant to the ‘‘(i) alleging acts of infringement in a man- (4) CONFORMING AMENDMENT.—The item re- determination of a reasonable royalty, and ner sufficient to give the infringer an objec- lating to section 115 in the table of sections the court or jury, as the case may be, shall tively reasonable apprehension of suit on for chapter 11 of title 35, United States Code, consider only those factors in making such such patent, and is amended to read as follows: determination. ‘‘(ii) identifying with particularity each ‘‘115. Inventor’s oath or declaration.’’. ‘‘(A) ENTIRE MARKET VALUE.—Upon a show- claim of the patent, each product or process ing to the satisfaction of the court that the that the patent owner alleges infringes the (b) FILING BY OTHER THAN INVENTOR.—Sec- claimed invention’s specific contribution tion 118 of title 35, United States Code, is patent, and the relationship of such product over the prior art is the predominant basis or process to such claim, amended to read as follows: for market demand for an infringing product ‘‘§ 118. Filing by other than inventor or process, damages may be based upon the the infringer, after a reasonable opportunity ‘‘A person to whom the inventor has as- entire market value of that infringing prod- to investigate, thereafter performed 1 or signed or is under an obligation to assign the uct or process. more of the alleged acts of infringement; invention may make an application for pat- ‘‘(B) ESTABLISHED ROYALTY BASED ON MAR- ‘‘(B) the infringer intentionally copied the ent. A person who otherwise shows sufficient KETPLACE LICENSING.—Upon a showing to the patented invention with knowledge that it proprietary interest in the matter may make satisfaction of the court that the claimed in- was patented; or an application for patent on behalf of and as vention has been the subject of a nonexclu- ‘‘(C) after having been found by a court to agent for the inventor on proof of the perti- sive license for the use made of the invention have infringed that patent, the infringer en- nent facts and a showing that such action is by the infringer, to a number of persons suf- gaged in conduct that was not colorably dif- appropriate to preserve the rights of the par- ficient to indicate a general marketplace ferent from the conduct previously found to ties. If the Director grants a patent on an ap- recognition of the reasonableness of the li- have infringed the patent, and which re- plication filed under this section by a person censing terms, if the license was secured sulted in a separate finding of infringement other than the inventor, the patent shall be prior to the filing of the case before the of the same patent. granted to the real party in interest and court, and the court determines that the in- ‘‘(3) LIMITATIONS ON WILLFULNESS.— upon such notice to the inventor as the Di- fringer’s use is of substantially the same ‘‘(A) IN GENERAL.—A court may not find rector considers to be sufficient.’’. scope, volume, and benefit of the rights that an infringer has willfully infringed a (c) SPECIFICATION.—Section 112 of title 35, granted under such license, damages may be patent under paragraph (2) for any period of United States Code, is amended— determined on the basis of the terms of such time during which the infringer had an in- (1) in the first paragraph— license. Upon a showing to the satisfaction formed good faith belief that the patent was (A) by striking ‘‘The specification’’ and in- of the court that the claimed invention has invalid or unenforceable, or would not be in- serting ‘‘(a) IN GENERAL.—The specifica- sufficiently similar noninfringing sub- fringed by the conduct later shown to con- tion’’; and stitutes in the relevant market, which have stitute infringement of the patent. (B) by striking ‘‘of carrying out his inven- themselves been the subject of such non- ‘‘(B) GOOD FAITH ESTABLISHED.—An in- tion’’ and inserting ‘‘or joint inventor of car- exclusive licenses, and the court determines formed good faith belief within the meaning rying out the invention’’; and that the infringer’s use is of substantially of subparagraph (A) may be established by— (2) in the second paragraph— the same scope, volume, and benefit of the ‘‘(i) reasonable reliance on advice of coun- (A) by striking ‘‘The specifications’’ and rights granted under such licenses, damages sel; inserting ‘‘(b) CONCLUSION.—The specifica- may be determined on the basis of the terms ‘‘(ii) evidence that the infringer sought to tions’’; and of such licenses. modify its conduct to avoid infringement (B) by striking ‘‘applicant regards as his ‘‘(C) VALUATION CALCULATION.—Upon a de- once it had discovered the patent; or invention’’ and inserting ‘‘inventor or a joint termination by the court that the showings ‘‘(iii) other evidence a court may find suffi- inventor regards as the invention’’; required under subparagraphs (A) and (B) cient to establish such good faith belief. (3) in the third paragraph, by striking ‘‘A have not been made, the court shall conduct ‘‘(C) RELEVANCE OF NOT PRESENTING CER- claim’’ and inserting ‘‘(c) FORM.—A claim’’; an analysis to ensure that a reasonable roy- TAIN EVIDENCE.—The decision of the infringer (4) in the fourth paragraph, by striking alty is applied only to the portion of the eco- not to present evidence of advice of counsel ‘‘Subject to the following paragraph,’’ and nomic value of the infringing product or is not relevant to a determination of willful inserting ‘‘(d) REFERENCE IN DEPENDENT process properly attributable to the claimed infringement under paragraph (2). FORMS.—Subject to subsection (e),’’; invention’s specific contribution over the ‘‘(4) LIMITATION ON PLEADING.—Before the (5) in the fifth paragraph, by striking ‘‘A prior art. In the case of a combination inven- date on which a court determines that the claim’’ and inserting ‘‘(e) REFERENCE IN MUL- tion whose elements are present individually patent in suit is not invalid, is enforceable, TIPLE DEPENDENT FORM.—A claim’’; and in the prior art, the contribution over the and has been infringed by the infringer, a (6) in the last paragraph, by striking ‘‘An prior art may include the value of the addi- patentee may not plead and a court may not element’’ and inserting ‘‘(f) ELEMENT IN tional function resulting from the combina- determine that an infringer has willfully in- CLAIM FOR A COMBINATION.—An element’’. tion, as well as the enhanced value, if any, of fringed a patent. The court’s determination SEC. 4. RIGHT OF THE INVENTOR TO OBTAIN some or all of the prior art elements as part of an infringer’s willfulness shall be made DAMAGES. of the combination, if the patentee dem- without a jury.’’. onstrates that value. (a) DAMAGES.—Section 284 of title 35, (b) REPORT TO CONGRESSIONAL COMMIT- United States Code, is amended to read as ‘‘(2) ADDITIONAL FACTORS.—Where the court TEES.— follows: determines it to be appropriate in deter- mining a reasonable royalty under paragraph (1) IN GENERAL.—Not later than 2 years ‘‘§ 284. Damages (1), the court may also consider, or direct the after the date of enactment of this Act, the ‘‘(a) IN GENERAL.—Upon finding for the jury to consider, any other relevant factors Director shall report to the Committee on claimant the court shall award the claimant under applicable law. the Judiciary of the Senate and the Com- damages adequate to compensate for the in- ‘‘(d) INAPPLICABILITY TO OTHER DAMAGES mittee on the Judiciary of the House of Rep- fringement but in no event less than a rea- ANALYSIS.—The methods for calculating a resentatives, the findings and recommenda- sonable royalty for the use made of the in- reasonable royalty described in subsection tions of the Director on the operation of vention by the infringer, together with inter- (c) shall have no application to the calcula- prior user rights in selected countries in the est and costs as fixed by the court, subject to tion of an award of damages that does not industrialized world. The report shall include the provisions of this section. necessitate the determination of a reason- the following: ‘‘(b) DETERMINATION OF DAMAGES; EVIDENCE able royalty as a basis for monetary relief (A) A comparison between patent laws of CONSIDERED; PROCEDURE.—The court may re- sought by the claimant. the United States and the laws of other in- ceive expert testimony as an aid to the de- ‘‘(e) WILLFUL INFRINGEMENT.— dustrialized countries, including the Euro- termination of damages or of what royalty ‘‘(1) INCREASED DAMAGES.—A court that has pean Union, Japan, Canada, and Australia. would be reasonable under the cir- determined that an infringer has willfully (B) An analysis of the effect of prior user cumstances. The admissibility of such testi- infringed a patent or patents may increase rights on innovation rates in the selected mony shall be governed by the rules of evi- damages up to 3 times the amount of the countries. dence governing expert testimony. When the damages found or assessed under subsection (C) An analysis of the correlation, if any, damages are not found by a jury, the court (a), except that increased damages under this between prior user rights and start-up enter- shall assess them. paragraph shall not apply to provisional prises and the ability to attract venture cap- ‘‘(c) STANDARD FOR CALCULATING REASON- rights under section 154(d). ital to start new companies. ABLE ROYALTY.— ‘‘(2) PERMITTED GROUNDS FOR WILLFUL- (D) An analysis of the effect of prior user ‘‘(1) IN GENERAL.—The court shall deter- NESS.—A court may find that an infringer rights, if any, on small businesses, univer- mine, based on the facts of the case and after has willfully infringed a patent only if the sities, and individual inventors.

VerDate Nov 24 2008 02:25 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.077 S03MRPT1 wwoods2 on PRODPC68 with SENATE March 3, 2009 CONGRESSIONAL RECORD — SENATE S2711 (E) An analysis of legal and constitutional tion under subsection (a), the person’s iden- ‘‘CHAPTER 32—POST-GRANT REVIEW issues, if any, that arise from placing trade tity shall be excluded from the patent file PROCEDURES secret law in patent law. and kept confidential.’’. ‘‘Sec. (2) CONSULTATION WITH OTHER AGENCIES.—In (b) REQUEST FOR REEXAMINATION.—The ‘‘321. Petition for post-grant review. preparing the report required under para- first sentence of section 302 of title 35, ‘‘322. Timing and bases of petition. graph (1), the Director shall consult with the United States Code, is amended to read as ‘‘323. Requirements of petition. Secretary of State and the Attorney Gen- follows: ‘‘Any person at any time may file a ‘‘324. Prohibited filings. eral. request for reexamination by the Office of ‘‘325. Submission of additional information; (c) DEFENSE TO INFRINGEMENT BASED ON any claim on a patent on the basis of any showing of sufficient grounds. EARLIER INVENTOR.—Section 273(b)(6) of title prior art or documentary evidence cited ‘‘326. Conduct of post-grant review pro- 35, United States Code, is amended to read as under paragraph (1) or (3) of subsection (a) of ceedings. follows: section 301 of this title.’’. ‘‘327. Patent owner response. ‘‘(6) PERSONAL DEFENSE.—The defense (c) REEXAMINATION.—Section 303(a) of title ‘‘328. Proof and evidentiary standards. under this section may be asserted only by 35, United States Code, is amended to read as ‘‘329. Amendment of the patent. the person who performed or caused the per- follows: ‘‘330. Decision of the Board. formance of the acts necessary to establish ‘‘(a) Within three months following the fil- ‘‘331. Effect of decision. the defense as well as any other entity that ing of a request for reexamination under sec- ‘‘332. Settlement. controls, is controlled by, or is under com- tion 302, the Director shall determine wheth- ‘‘333. Relationship to other pending pro- mon control with such person and, except for er a substantial new question of patent- ceedings. any transfer to the patent owner, the right ability affecting any claim of the patent con- ‘‘334. Effect of decisions rendered in civil ac- to assert the defense shall not be licensed or cerned is raised by the request, with or with- tion on post-grant review pro- assigned or transferred to another person ex- out consideration of other patents or printed ceedings. cept as an ancillary and subordinate part of publications. On the Director’s own initia- ‘‘335. Effect of final decision on future pro- tive, and at any time, the Director may de- a good faith assignment or transfer for other ceedings. termine whether a substantial new question reasons of the entire enterprise or line of ‘‘336. Appeal. of patentability is raised by patents, publica- business to which the defense relates. Not- ‘‘§ 321. Petition for post-grant review withstanding the preceding sentence, any tions, or other evidence discovered by the Di- ‘‘Subject to sections 322, 324, 332, and 333, a person may, on its own behalf, assert a de- rector, is cited under section 301, or is cited by any person other than the owner of the person who is not the patent owner may file fense based on the exhaustion of rights pro- patent under section 302 or section 311. The with the Office a petition for cancellation vided under paragraph (3), including any nec- existence of a substantial new question of seeking to institute a post-grant review pro- essary elements thereof.’’. patentability is not precluded by the fact ceeding to cancel as unpatentable any claim (d) EFFECTIVE DATE.—The amendments made by this section shall apply to any civil that a patent, printed publication, or other of a patent on any ground that could be action commenced on or after the date of en- evidence was previously considered by the raised under paragraph (2) or (3) of section actment of this Act. Office.’’. 282(b) (relating to invalidity of the patent or (d) REQUEST FOR INTER PARTES REEXAMINA- SEC. 5. POST-GRANT PROCEDURES AND OTHER any claim). The Director shall establish, by TION QUALITY ENHANCEMENTS. .—Section 311(a) of title 35, United regulation, fees to be paid by the person re- States Code, is amended to read as follows: (a) CITATION OF PRIOR ART.—Section 301 of questing the proceeding, in such amounts as ‘‘(a) IN GENERAL.—Any third-party re- title 35, United States Code, is amended to the Director determines to be reasonable. quester at any time may file a request for read as follows: inter partes reexamination by the Office of a ‘‘§ 322. Timing and bases of petition ‘‘§ 301. Citation of prior art patent on the basis of any prior art or docu- ‘‘A post-grant proceeding may be insti- ‘‘(a) IN GENERAL.—Any person at any time mentary evidence cited under paragraph (1) tuted under this chapter pursuant to a can- may cite to the Office in writing— or (3) of subsection (a) of section 301 of this cellation petition filed under section 321 only ‘‘(1) prior art consisting of patents, printed title.’’. if— publications, or evidence that the claimed (e) CONDUCT OF INTER PARTES PRO- ‘‘(1) the petition is filed not later than 12 invention was in public use or sale in the CEEDINGS.—Section 314 of title 35, United months after the issuance of the patent or a United States more than 1 year prior to the States Code, is amended— reissue patent, as the case may be; or date of the application for patent in the (1) in the first sentence of subsection (a), ‘‘(2) the patent owner consents in writing United States, which that person believes to by striking ‘‘conducted according to the pro- to the proceeding. have a bearing on the patentability of any cedures established for initial examination ‘‘§ 323. Requirements of petition claim of a particular patent; or under the provisions of sections 132 and 133’’ ‘‘A cancellation petition filed under sec- ‘‘(2) written statements of the patent and inserting ‘‘heard by an administrative tion 321 may be considered only if— owner filed in a proceeding before a Federal patent judge in accordance with procedures ‘‘(1) the petition is accompanied by pay- court or the Patent and Trademark Office in which the Director shall establish’’; ment of the fee established by the Director which the patent owner takes a position on (2) in subsection (b), by striking paragraph under section 321; the scope of one or more patent claims. (2) and inserting the following: ‘‘(2) the petition identifies the cancellation ‘‘(b) SUBMISSIONS PART OF OFFICIAL FILE.— ‘‘(2) The third-party requester shall have petitioner; If the person citing prior art or written sub- the opportunity to file written comments on ‘‘(3) for each claim sought to be canceled, missions under subsection (a) explains in any action on the merits by the Office in the the petition sets forth in writing the basis writing the pertinence and manner of apply- inter partes reexamination proceeding, and ing the prior art or written submission to at on any response that the patent owner files for cancellation and provides the evidence in least one claim of the patent, the citation of to such an action, if those written comments support thereof, including copies of patents the prior art or documentary evidence (as are received by the Office within 60 days and printed publications, or written testi- the case may be) and the explanation thereof after the date of service on the third-party mony of a witness attested to under oath or shall become a part of the official file of the requester of the Office action or patent declaration by the witness, or any other in- patent. owner response, as the case may be.’’; and formation that the Director may require by ‘‘(c) PROCEDURES FOR WRITTEN STATE- (3) by adding at the end the following: regulation; and MENTS.— ‘‘(d) ORAL HEARING.—At the request of a ‘‘(4) the petitioner provides copies of the ‘‘(1) SUBMISSION OF ADDITIONAL MATE- third party requestor or the patent owner, petition, including any evidence submitted RIALS.—A party that submits written state- the administrative patent judge shall con- with the petition and any other information ments under subsection (a)(2) in a proceeding duct an oral hearing, unless the judge finds submitted under paragraph (3), to the patent shall include any other documents, plead- cause lacking for such hearing.’’. owner or, if applicable, the designated rep- ings, or evidence from the proceeding that (f) ESTOPPEL.—Section 315(c) of title 35, resentative of the patent owner. address the patent owner’s statements or the United States Code, is amended by striking ‘‘§ 324. Prohibited filings claims addressed by the written statements. ‘‘or could have raised’’. ‘‘A post-grant review proceeding may not ‘‘(2) LIMITATION ON USE OF STATEMENTS.— (g) REEXAMINATION PROHIBITED AFTER DIS- be instituted under section 322 if the petition Written statements submitted under sub- TRICT COURT DECISION.—Section 317(b) of for cancellation requesting the proceeding— section (a)(2) shall not be considered for any title 35, United States Code, is amended— ‘‘(1) identifies the same cancellation peti- purpose other than to determine the proper (1) in the subsection heading, by striking tioner and the same patent as a previous pe- meaning of the claims that are the subject of ‘‘FINAL DECISION’’ and inserting ‘‘DISTRICT tition for cancellation filed under such sec- the request in a proceeding ordered pursuant COURT DECISION’’; and tion; or to section 304 or 313. Any such written state- (2) by striking ‘‘Once a final decision has ‘‘(2) is based on the best mode requirement ments, and any materials submitted under been entered’’ and inserting ‘‘Once the judg- contained in section 112. paragraph (1), that are subject to an applica- ment of the district court has been entered’’. ble protective order shall be redacted to ex- (h) POST-GRANT OPPOSITION PROCEDURES.— ‘‘§ 325. Submission of additional information; clude information subject to the order. (1) IN GENERAL.—Part III of title 35, United showing of sufficient grounds ‘‘(d) IDENTITY WITHHELD.—Upon the writ- States Code, is amended by adding at the end ‘‘(a) IN GENERAL.—The cancellation peti- ten request of the person making the cita- the following new chapter: tioner shall file such additional information

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with respect to the petition as the Director with section 6(b), conduct each post-grant re- ‘‘(b) AGREEMENT IN WRITING.—Any agree- may require. For each petition submitted view proceeding authorized by the Director. ment or understanding between the patent under section 321, the Director shall deter- ‘‘§ 327. Patent owner response owner and a petitioner, including any collat- mine if the written statement, and any evi- ‘‘After a post-grant proceeding under this eral agreements referred to in the agreement dence submitted with the request, establish or understanding, that is made in connection chapter has been instituted with respect to a that a substantial question of patentability with or in contemplation of the termination patent, the patent owner shall have the right exists for at least one claim in the patent. of a post-grant review proceeding, must be in to file, within a time period set by the Direc- The Director may initiate a post-grant re- writing. A post-grant review proceeding as tor, a response to the cancellation petition. view proceeding if the Director determines between the parties to the agreement or un- The patent owner shall file with the re- that the information presented provides suf- derstanding may not be terminated until a sponse, through affidavits or declarations, ficient grounds to believe that there is a sub- copy of the agreement or understanding, in- any additional factual evidence and expert stantial question of patentability concerning cluding any such collateral agreements, has opinions on which the patent owner relies in one or more claims of the patent at issue. been filed in the Office. If any party filing ‘‘(b) NOTIFICATION; DETERMINATIONS NOT support of the response. such an agreement or understanding re- REVIEWABLE.—The Director shall notify the ‘‘§ 328. Proof and evidentiary standards quests, the agreement or understanding shall patent owner and each petitioner in writing ‘‘(a) IN GENERAL.—The presumption of va- be kept separate from the file of the post- of the Director’s determination under sub- lidity set forth in section 282 shall not apply grant review proceeding, and shall be made section (a), including a determination to in a challenge to any patent claim under this available only to Government agencies on deny the petition. The Director shall make chapter. written request, or to any person on a show- that determination in writing not later than ‘‘(b) BURDEN OF PROOF.—The party advanc- ing of good cause. 60 days after receiving the petition. Any de- ing a proposition under this chapter shall ‘‘§ 333. Relationship to other proceedings termination made by the Director under sub- have the burden of proving that proposition N GENERAL.—Notwithstanding sub- section (a), including whether or not to insti- ‘‘(a) I by a preponderance of the evidence. section 135(a), sections 251 and 252, and chap- tute a post-grant review proceeding or to ‘‘§ 329. Amendment of the patent ter 30, the Director may determine the man- deny the petition, shall not be reviewable. ‘‘(a) IN GENERAL.—In response to a chal- ner in which any reexamination proceeding, ‘‘§ 326. Conduct of post-grant review pro- lenge in a petition for cancellation, the pat- reissue proceeding, interference proceeding ceedings ent owner may file one motion to amend the (commenced with respect to an application ‘‘(a) IN GENERAL.—The Director shall pre- patent in one or more of the following ways: for patent filed before the effective date pro- scribe regulations, in accordance with sec- ‘‘(1) Cancel any challenged patent claim. vided in section 3(k) of the Patent Reform tion 2(b)(2)— ‘‘(2) For each challenged claim, propose a Act of 2009), derivation proceeding, or post- ‘‘(1) establishing and governing post-grant substitute claim. grant review proceeding, that is pending dur- review proceedings under this chapter and ‘‘(3) Amend the patent drawings or other- ing a post-grant review proceeding, may pro- their relationship to other proceedings under wise amend the patent other than the ceed, including providing for stay, transfer, this title; claims. consolidation, or termination of any such ‘‘(2) establishing procedures for the sub- ‘‘(b) ADDITIONAL MOTIONS.—Additional mo- proceeding. mission of supplemental information after tions to amend may be permitted only for ‘‘(b) STAYS.—The Director may stay a post- the petition for cancellation is filed; and good cause shown. grant review proceeding if a pending civil ac- ‘‘(3) setting forth procedures for discovery ‘‘(c) SCOPE OF CLAIMS.—An amendment tion for infringement of a patent addresses of relevant evidence, including that such dis- under this section may not enlarge the scope the same or substantially the same questions covery shall be limited to evidence directly of the claims of the patent or introduce new of patentability raised against the patent in related to factual assertions advanced by ei- matter. a petition for the post-grant review pro- ther party in the proceeding, and the proce- ceeding. ‘‘§ 330. Decision of the Board dures for obtaining such evidence shall be ‘‘(c) EFFECT OF COMMENCEMENT OF PRO- consistent with the purpose and nature of ‘‘If the post-grant review proceeding is in- CEEDING.—The commencement of a post- the proceeding. stituted and not dismissed under this chap- grant review proceeding— In carrying out paragraph (3), the Director ter, the Patent Trial and Appeal Board shall ‘‘(1) shall not limit in any way the right of shall bear in mind that discovery must be in issue a final written decision addressing the the patent owner to commence an action for the interests of justice. patentability of any patent claim challenged infringement of the patent; and ‘‘(b) POST-GRANT REGULATIONS.—Regula- and any new claim added under section 329. ‘‘(2) shall not be cited as evidence relating tions under subsection (a)(1)— ‘‘§ 331. Effect of decision to the validity of any claim of the patent in ‘‘(1) shall require that the final determina- ‘‘(a) IN GENERAL.—If the Patent Trial and any proceeding before a court or the Inter- tion in a post-grant proceeding issue not Appeal Board issues a final decision under national Trade Commission concerning the later than one year after the date on which section 330 and the time for appeal has ex- patent. the post-grant review proceeding is insti- pired or any appeal proceeding has termi- ‘‘§ 334. Effect of decisions rendered in civil ac- tuted under this chapter, except that, for nated, the Director shall issue and publish a tion on post-grant review proceedings good cause shown, the Director may extend certificate canceling any claim of the patent ‘‘If a final decision is entered against a the 1-year period by not more than six finally determined to be unpatentable and party in a civil action arising in whole or in months; incorporating in the patent by operation of part under section 1338 of title 28 estab- ‘‘(2) shall provide for discovery upon order the certificate any new claim determined to lishing that the party has not sustained its of the Director; be patentable. burden of proving the invalidity of any pat- ‘‘(3) shall provide for publication of notice ‘‘(b) NEW CLAIMS.—Any new claim held to ent claim— in the Federal Register of the filing of a peti- be patentable and incorporated into a patent ‘‘(1) that party to the civil action and the tion for post-grant review under this chap- in a post-grant review proceeding shall have privies of that party may not thereafter re- ter, for publication of the petition, and docu- the same effect as that specified in section quest a post-grant review proceeding on that ments, orders, and decisions relating to the 252 for reissued patents on the right of any patent claim on the basis of any grounds, petition, on the website of the Patent and person who made, purchased, offered to sell, under the provisions of section 321, which Trademark Office, and for filings under seal or used within the United States, or im- that party or the privies of that party raised exempt from publication requirements; ported into the United States, anything pat- or could have raised; and ‘‘(4) shall prescribe sanctions for abuse of ented by such new claim, or who made sub- ‘‘(2) the Director may not thereafter main- discovery, abuse of process, or any other im- stantial preparations therefor, before a cer- tain a post-grant review proceeding that was proper use of the proceeding, such as to har- tificate under subsection (a) of this section is requested, before the final decision was so ass or to cause unnecessary delay or unnec- issued. entered, by that party or the privies of that essary increase in the cost of the proceeding; party on the basis of such grounds. ‘‘(5) may provide for protective orders gov- ‘‘§ 332. Settlement erning the exchange and submission of con- ‘‘(a) IN GENERAL.—A post-grant review pro- ‘‘§ 335. Effect of final decision on future pro- fidential information; and ceeding shall be terminated with respect to ceedings ‘‘(6) shall ensure that any information sub- any petitioner upon the joint request of the ‘‘If a final decision under section 330 is fa- mitted by the patent owner in support of any petitioner and the patent owner, unless the vorable to the patentability of any original amendment entered under section 329 is Patent Trial and Appeal Board has issued a or new claim of the patent challenged by the made available to the public as part of the written decision before the request for termi- cancellation petitioner, the cancellation pe- prosecution history of the patent. nation is filed. If the post-grant review pro- titioner may not thereafter, based on any ‘‘(c) CONSIDERATIONS.—In prescribing regu- ceeding is terminated with respect to a peti- ground that the cancellation petitioner lations under this section, the Director shall tioner under this paragraph, no estoppel raised during the post-grant review pro- consider the effect on the economy, the in- shall apply to that petitioner. If no peti- ceeding— tegrity of the patent system, and the effi- tioner remains in the proceeding, the panel ‘‘(1) request or pursue a reexamination of cient administration of the Office. of administrative patent judges assigned to such claim under chapter 31; ‘‘(d) CONDUCT OF PROCEEDING.—The Patent the proceeding shall terminate the pro- ‘‘(2) request or pursue a derivation pro- Trial and Appeal Board shall, in accordance ceeding. ceeding with respect to such claim;

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‘‘(3) request or pursue a post-grant review ‘‘(b) DUTIES.—The Patent Trial and Appeal regular and established physical facility that proceeding under this chapter with respect Board shall— the defendant controls and that constitutes to such claim; ‘‘(1) on written appeal of an applicant, re- a substantial portion of the operations of the ‘‘(4) assert the invalidity of any such claim view adverse decisions of examiners upon ap- defendant; in any civil action arising in whole or in part plication for patents; ‘‘(3) where the primary plaintiff resides, if under section 1338 of title 28; or ‘‘(2) on written appeal of a patent owner, the primary plaintiff in the action is— ‘‘(5) assert the invalidity of any such claim review adverse decisions of examiners upon ‘‘(A) an institution of higher education as in defense to an action brought under section patents in reexamination proceedings under defined under section 101(a) of the Higher 337 of the Tariff Act of 1930 (19 U.S.C. 1337). chapter 30; Education Act of 1965 (20 U.S.C. 1001(a)); or ‘‘§ 336. Appeal ‘‘(3) conduct derivation proceedings under ‘‘(B) a nonprofit organization that— ‘‘A party dissatisfied with the final deter- subsection 135(a); and ‘‘(i) qualifies for treatment under section mination of the Patent Trial and Appeal ‘‘(4) conduct post-grant opposition pro- 501(c)(3) of the Internal Revenue Code (26 Board in a post-grant proceeding under this ceedings under chapter 32. U.S.C. 501(c)(3)); chapter may appeal the determination under Each appeal and derivation proceeding shall ‘‘(ii) is exempt from taxation under section sections 141 through 144. Any party to the be heard by at least 3 members of the Patent 501(a) of such Code; and post-grant proceeding shall have the right to Trial and Appeal Board, who shall be des- ‘‘(iii) serves as the patent and licensing or- be a party to the appeal.’’. ignated by the Director. Only the Patent ganization for an institution of higher edu- (i) CONFORMING AMENDMENT.—The table of Trial and Appeal Board may grant re- cation as defined under section 101(a) of the chapters for part III of title 35, United States hearings. The Director shall assign each Higher Education Act of 1965 (20 U.S.C. Code, is amended by adding at the end the post-grant review proceeding to a panel of 3 1001(a)); or following: administrative patent judges. Once assigned, ‘‘(4) where the plaintiff resides, if the sole ‘‘32. Post-Grant Review Proceedings .. 321’’. each such panel of administrative patent plaintiff in the action is an individual inven- judges shall have the responsibilities under tor who is a natural person and who qualifies (j) REPEAL.—Section 4607 of the Intellec- chapter 32 in connection with post-grant re- tual Property and Communications Omnibus at the time such action is filed as a micro- view proceedings.’’. Reform Act of 1999, as enacted by section entity pursuant to section 123 of title 35. 1000(a)(9) of Public Law 106–113, is repealed. SEC. 7. PREISSUANCE SUBMISSIONS BY THIRD ‘‘(d) If a plaintiff brings a civil action for (k) EFFECTIVE DATES.— PARTIES. patent infringement or declaratory judg- (1) IN GENERAL.—The amendments and re- Section 122 of title 35, United States Code, ment relief under subsection (c), then the de- peal made by this section shall take effect at is amended by adding at the end the fol- fendant may request the district court to the end of the 1-year period beginning on the lowing: transfer that action to another district or di- date of the enactment of this Act. ‘‘(e) PREISSUANCE SUBMISSIONS BY THIRD vision where, in the court’s determination— (2) APPLICABILITY TO EX PARTE AND INTER PARTIES.— ‘‘(1) any of the parties has substantial evi- PARTES PROCEEDINGS.—Notwithstanding any ‘‘(1) IN GENERAL.—Any person may submit dence or witnesses that otherwise would other provision of law, sections 301 and 311 for consideration and inclusion in the record present considerable evidentiary burdens to through 318 of title 35, United States Code, as of a patent application, any patent, pub- the defendant if such transfer were not amended by this section, shall apply to any lished patent application, or other publica- granted; patent that issues before, on, or after the ef- tion of potential relevance to the examina- ‘‘(2) such transfer would not cause undue fective date under paragraph (1) from an tion of the application, if such submission is hardship to the plaintiff; and original application filed on any date. made in writing before the earlier of— ‘‘(3) venue would be otherwise appropriate (3) APPLICABILITY TO POST-GRANT PRO- ‘‘(A) the date a notice of allowance under under section 1391 of this title.’’. CEEDINGS.—The amendments made by sub- section 151 is mailed in the application for (b) INTERLOCUTORY APPEALS.—Subsection sections (h) and (i) shall apply to patents patent; or (c)(2) of section 1292 of title 28, United States issued on or after the effective date under ‘‘(B) either— Code, is amended by adding at the end the paragraph (1). ‘‘(i) 6 months after the date on which the following: (l) REGULATIONS.—The Under Secretary of application for patent is published under sec- ‘‘(3) of an appeal from an interlocutory Commerce for Intellectual Property and Di- tion 122, or order or decree determining construction of rector of the United States Patent and ‘‘(ii) the date of the first rejection under claims in a civil action for patent infringe- Trademark Office (in this subsection referred section 132 of any claim by the examiner dur- ment under section 271 of title 35. to as the ‘‘Director’’) shall, not later than ing the examination of the application for Application for an appeal under paragraph the date that is 1 year after the date of the patent, (3) shall be made to the court within 10 days enactment of this Act, issue regulations to whichever occurs later. after entry of the order or decree. The dis- carry out chapter 32 of title 35, United States ‘‘(2) OTHER REQUIREMENTS.—Any submis- trict court shall have discretion whether to Code, as added by subsection (h) of this sec- sion under paragraph (1) shall— approve the application and, if so, whether tion. ‘‘(A) set forth a concise description of the to stay proceedings in the district court dur- SEC. 6. DEFINITIONS; PATENT TRIAL AND AP- asserted relevance of each submitted docu- ing the pendency of such appeal.’’. PEAL BOARD. ment; (c) TECHNICAL AMENDMENTS RELATING TO (a) DEFINITIONS.—Section 100 of title 35, ‘‘(B) be accompanied by such fee as the Di- VENUE.—Sections 32, 145, 146, 154(b)(4)(A), and United States Code, (as amended by section rector may prescribe; and 293 of title 35, United States Code, and sec- 2 of this Act) is further amended— ‘‘(C) include a statement by the person tion 21(b)(4) of the Act entitled ‘‘An Act to (1) in subsection (e), by striking ‘‘or inter making such submission affirming that the provide for the registration and protection of partes reexamination under section 311’’; and submission was made in compliance with trademarks used in commerce, to carry out (2) by adding at the end the following: this section.’’. the provisions of certain international con- ‘‘(k) The term ‘cancellation petitioner’ SEC. 8. VENUE AND JURISDICTION. ventions, and for other purposes’’, approved means the real party in interest requesting (a) VENUE FOR PATENT CASES.—Section 1400 July 5, 1946 (commonly referred to as the cancellation of any claim of a patent under of title 28, United States Code, is amended by ‘‘Trademark Act of 1946’’ or the ‘‘Lanham chapter 31 of this title and the privies of the striking subsection (b) and inserting the fol- Act’’; 15 U.S.C. 1071(b)(4)), are each amended real party in interest.’’. lowing: by striking ‘‘United States District Court for (b) PATENT TRIAL AND APPEAL BOARD.— ‘‘(b) Notwithstanding section 1391 of this the District of Columbia’’ each place that Section 6 of title 35, United States Code, is title, in any civil action arising under any term appears and inserting ‘‘United States amended to read as follows: Act of Congress relating to patents, a party District Court for the Eastern District of ‘‘§ 6. Patent Trial and Appeal Board shall not manufacture venue by assignment, Virginia’’. ‘‘(a) ESTABLISHMENT AND COMPOSITION.— incorporation, or otherwise to invoke the SEC. 9. PATENT AND TRADEMARK OFFICE REGU- There shall be in the Office a Patent Trial venue of a specific district court. LATORY AUTHORITY. and Appeal Board. The Director, the Deputy ‘‘(c) Notwithstanding section 1391 of this (a) FEE SETTING.— Director, the Commissioner for Patents, the title, any civil action for patent infringe- (1) IN GENERAL.—The Director shall have Commissioner for Trademarks, and the ad- ment or any action for declaratory judgment authority to set or adjust by rule any fee es- ministrative patent judges shall constitute may be brought only in a judicial district— tablished or charged by the Office under sec- the Patent Trial and Appeal Board. The ad- ‘‘(1) where the defendant has its principal tions 41 and 376 of title 35, United States ministrative patent judges shall be persons place of business or in the location or place Code or under section 31 of the Trademark of competent legal knowledge and scientific in which the defendant is incorporated or Act of 1946 (15 U.S.C. 1113) for the filing or ability who are appointed by the Secretary formed, or, for foreign corporations with a processing of any submission to, and for all of Commerce. Any reference in any Federal United States subsidiary, where the defend- other services performed by or materials fur- law, Executive order, rule, regulation, or del- ant’s primary United States subsidiary has nished by, the Office, provided that such fee egation of authority, or any document of or its principal place of business or is incor- amounts are set to reasonably compensate pertaining to the Board of Patent Appeals porated or formed; the Office for the services performed. and Interferences is deemed to refer to the ‘‘(2) where the defendant has committed (2) REDUCTION OF FEES IN CERTAIN FISCAL Patent Trial and Appeal Board. substantial acts of infringement and has a YEARS.—In any fiscal year, the Director—

VerDate Nov 24 2008 03:07 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.078 S03MRPT1 wwoods2 on PRODPC68 with SENATE S2714 CONGRESSIONAL RECORD — SENATE March 3, 2009 (A) shall consult with the Patent Public time as the Director sets or adjusts the fees Code (26 U.S.C. 61(a)), exceeding 2.5 times the Advisory Committee and the Trademark otherwise,’’. average gross income, as reported by the De- Public Advisory Committee on the advis- (d) EFFECTIVE DATE, APPLICABILITY, AND partment of Labor, in the calendar year im- ability of reducing any fees described in TRANSITIONAL PROVISION.—Division B of Pub- mediately preceding the calendar year in paragraph (1); and lic Law 108–447 is amended in title VIII of the which the examination fee is being paid. (B) after that consultation may reduce Departments of Commerce, Justice and ‘‘(c) ASSIGNED APPLICATION.—For an as- such fees. State, the Judiciary and Related Agencies signed application, each applicant shall cer- (3) ROLE OF THE PUBLIC ADVISORY COM- Appropriations Act, 2005, in section 803(a) by tify that the applicant— MITTEE.—The Director shall— striking ‘‘and shall apply only with respect ‘‘(1) qualifies as a small entity, as defined (A) submit to the Patent or Trademark to the remaining portion of fiscal year 2005, in regulations issued by the Director, and Public Advisory Committee, or both, as ap- 2006 and 2007.’’. meets the requirements of subsection (b)(4); propriate, any proposed fee under paragraph (e) RULE OF CONSTRUCTION.—Nothing in ‘‘(2) has not been named on 5 or more pre- (1) not less than 45 days before publishing this section shall be construed to affect any viously filed patent applications; and any proposed fee in the Federal Register; other provision of Division B of Public Law ‘‘(3) has assigned, granted, conveyed, or is (B) provide the relevant advisory com- 108–447, including section 801(c) of title VII of under an obligation by contract or law to as- mittee described in subparagraph (A) a 30- the Departments of Commerce, Justice and sign, grant, or convey, a license or other day period following the submission of any State, the Judiciary and Related Agencies ownership interest in the particular applica- proposed fee, on which to deliberate, con- Appropriations Act, 2005. tion to an entity that has 5 or fewer employ- sider, and comment on such proposal, and re- (f) DEFINITIONS.—In this section: ees and that such entity has a gross income, quire that— (1) DIRECTOR.—The term ‘‘Director’’ means as defined in section 61(a) of the Internal (i) during such 30-day period, the relevant the Director of the United States Patent and Revenue Code (26 U.S.C. 61(a)), that does not advisory committee hold a public hearing re- Trademark Office. exceed 2.5 times the average gross income, as lated to such proposal; and (2) OFFICE.—The term ‘‘Office’’ means the reported by the Department of Labor, in the (ii) the Director shall assist the relevant United States Patent and Trademark Office. calendar year immediately preceding the advisory committee in carrying out such (3) TRADEMARK ACT OF 1946.—The term calendar year in which the examination fee public hearing, including by offering the use ‘‘Trademark Act of 1946’’ means an Act enti- is being paid. of Office resources to notify and promote the tled ‘‘Act to provide for the registration and ‘‘(d) INCOME LEVEL ADJUSTMENT.—The hearing to the public and interested stake- protection of trademarks used in commerce, gross income levels established under sub- holders; to carry out the provisions of certain inter- sections (b) and (c) shall be adjusted by the (C) require the relevant advisory com- national conventions, and for other pur- Director on October 1, 2009, and every year mittee to make available to the public a poses’’, approved July 5, 1946 (15 U.S.C. 1051 thereafter, to reflect any fluctuations occur- written report detailing the comments, ad- et seq.) (commonly referred to as the Trade- ring during the previous 12 months in the vice, and recommendations of the committee mark Act of 1946 or the Lanham Act). Consumer Price Index, as determined by the regarding any proposed fee; SEC. 10. RESIDENCY OF FEDERAL CIRCUIT Secretary of Labor.’’. (D) consider and analyze any comments, JUDGES. SEC. 12. TECHNICAL AMENDMENTS. advice, or recommendations received from (a) RESIDENCY.—The second sentence of (a) JOINT INVENTIONS.—Section 116 of title the relevant advisory committee before set- section 44(c) of title 28, United States Code, 35, United States Code, is amended— ting or adjusting any fee; and is repealed. (1) in the first paragraph, by striking (E) notify, through the Chair and Ranking (b) FACILITIES.—Section 44 of title 28, ‘‘When’’ and inserting ‘‘(a) JOINT INVEN- Member of the Senate and House Judiciary United States Code, is amended by adding at TIONS.—When’’; Committees, the Congress of any final deci- the end the following: (2) in the second paragraph, by striking ‘‘If sion regarding proposed fees. ‘‘(e)(1) The Director of the Administrative a joint inventor’’ and inserting ‘‘(b) OMITTED (4) PUBLICATION IN THE FEDERAL REG- Office of the United States Courts shall pro- INVENTOR.—If a joint inventor’’; and ISTER.— vide— (3) in the third paragraph, by striking (A) IN GENERAL.—Any rules prescribed ‘‘(A) a judge of the Federal judicial circuit ‘‘Whenever’’ and inserting ‘‘(c) CORRECTION under this subsection shall be published in who lives within 50 miles of the District of OF ERRORS IN APPLICATION.—Whenever’’. the Federal Register. Columbia with appropriate facilities and ad- (b) FILING OF APPLICATION IN FOREIGN (B) RATIONALE.—Any proposal for a change ministrative support services in the District COUNTRY.—Section 184 of title 35, United in fees under this section shall— of the District of Columbia; and States Code, is amended— (i) be published in the Federal Register; ‘‘(B) a judge of the Federal judicial circuit (1) in the first paragraph, by striking ‘‘Ex- and who does not live within 50 miles of the Dis- cept when’’ and inserting ‘‘(a) FILING IN FOR- (ii) include, in such publication, the spe- trict of Columbia with appropriate facilities EIGN COUNTRY.—Except when’’; cific rationale and purpose for the proposal, and administrative support services— (2) in the second paragraph, by striking including the possible expectations or bene- ‘‘(i) in the district and division in which ‘‘The term’’ and inserting ‘‘(b) APPLICA- fits resulting from the proposed change. that judge resides; or TION.—The term’’; and (C) PUBLIC COMMENT PERIOD.—Following ‘‘(ii) if appropriate facilities are not avail- (3) in the third paragraph, by striking the publication of any proposed fee in the able in the district and division in which ‘‘The scope’’ and inserting ‘‘(c) SUBSEQUENT Federal Register pursuant to subparagraph that judge resides, in the district and divi- MODIFICATIONS, AMENDMENTS, AND SUPPLE- (A), the Director shall seek public comment sion closest to the residence of that judge in MENTS.—The scope’’. for a period of not less than 45 days. which such facilities are available, as deter- (c) REISSUE OF DEFECTIVE PATENTS.—Sec- (5) CONGRESSIONAL COMMENT PERIOD.—Fol- mined by the Director. tion 251 of title 35, United States Code, is lowing the notification described in para- ‘‘(2) Nothing in this subsection may be con- amended— graph (3)(E), Congress shall have not more strued to authorize or require the construc- (1) in the first paragraph, by striking than 45 days to consider and comment on tion of new facilities.’’. ‘‘Whenever’’ and inserting ‘‘(a) IN GEN- any proposed fee under paragraph (1). No pro- SEC. 11. MICRO-ENTITY DEFINED. ERAL.—Whenever’’; posed fee shall be effective prior to the end Chapter 11 of title 35, United States Code, (2) in the second paragraph, by striking of such 45-day comment period. is amended by adding at the end the fol- ‘‘The Director’’ and inserting ‘‘(b) MULTIPLE (6) RULE OF CONSTRUCTION.—No rules pre- lowing new section: REISSUED PATENTS.—The Director’’; scribed under this subsection may diminish— ‘‘§ 123. Micro-entity defined (3) in the third paragraph, by striking (A) an applicant’s rights under this title or ‘‘(a) IN GENERAL.—For purposes of this ‘‘The provision’’ and inserting ‘‘(c) APPLICA- the Trademark Act of 1946; or title, the term ‘micro-entity’ means an ap- BILITY OF THIS TITLE.—The provisions’’; and (B) any rights under a ratified treaty. plicant who makes a certification under ei- (4) in the last paragraph, by striking ‘‘No (b) FEES FOR PATENT SERVICES.—Division B of Public Law 108–447 is amended in title VIII ther subsections (b) or (c). reissued patent’’ and inserting ‘‘(d) REISSUE of the Departments of Commerce, Justice ‘‘(b) UNASSIGNED APPLICATION.—For an un- PATENT ENLARGING SCOPE OF CLAIMS.—No re- and State, the Judiciary, and Related Agen- assigned application, each applicant shall issued patent’’. cies Appropriations Act, 2005, in section certify that the applicant— (d) EFFECT OF REISSUE.—Section 253 of title 801(a) by striking ‘‘During fiscal years 2005, ‘‘(1) qualifies as a small entity, as defined 35, United States Code, is amended— 2006 and 2007’’, and inserting ‘‘Until such in regulations issued by the Director; (1) in the first paragraph, by striking time as the Director sets or adjusts the fees ‘‘(2) has not been named on 5 or more pre- ‘‘Whenever’’ and inserting ‘‘(a) IN GEN- otherwise,’’. viously filed patent applications; ERAL.—Whenever’’; and (c) ADJUSTMENT OF TRADEMARK FEES.—Di- ‘‘(3) has not assigned, granted, or con- (2) in the second paragraph, by striking ‘‘in vision B of Public Law 108–447 is amended in veyed, and is not under an obligation by con- like manner’’ and inserting ‘‘(b) ADDITIONAL title VIII of the Departments of Commerce, tract or law to assign, grant, or convey, a li- DISCLAIMER OR DEDICATION.—In the manner Justice and State, the Judiciary and Related cense or any other ownership interest in the set forth in subsection (a),’’. Agencies Appropriations Act, 2005, in section particular application; and (e) CORRECTION OF NAMED INVENTOR.—Sec- 802(a) by striking ‘‘During fiscal years 2005, ‘‘(4) does not have a gross income, as de- tion 256 of title 35, United States Code, is 2006 and 2007’’, and inserting ‘‘Until such fined in section 61(a) of the Internal Revenue amended—

VerDate Nov 24 2008 02:25 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.078 S03MRPT1 wwoods2 on PRODPC68 with SENATE March 3, 2009 CONGRESSIONAL RECORD — SENATE S2715 (1) in the first paragraph, by striking makes passage of the Patent Reform the circumstances under which treble ‘‘Whenever’’ and inserting ‘‘(a) CORREC- Act of 2009 even more likely this Con- damages could be awarded for willful TION.—Whenever’’; and gress. infringement of a patent. After intro- (2) in the second paragraph, by striking S. 515 represents a bipartisan and bi- duction of the Patent Reform Act of ‘‘The error’’ and inserting ‘‘(b) PATENT VALID cameral commitment to streamline IF ERROR CORRECTED.—The error’’. 2007, the Federal Circuit issued an in (f) PRESUMPTION OF VALIDITY.—Section 282 our nation’s patent system that will banc decision, In re Seagate, which in- of title 35, United States Code, is amended— improve patent quality and limit un- stituted an objective recklessness (1) in the first undesignated paragraph, by necessary and counterproductive liti- standard to prove willfulness. After striking ‘‘A patent’’ and inserting ‘‘(a) IN gation costs. considerable discussion with stake- GENERAL.—A patent’’; House Judiciary chairman JOHN CON- holders in the patent community, we (2) in the second undesignated paragraph, YERS and ranking minority member believe the Seagate decision is a posi- by striking ‘‘The following’’ and inserting LAMAR SMITH are true partners in this ‘‘(b) DEFENSES.—The following’’; and tive improvement to the law and, (3) in the third undesignated paragraph, by important legislation. For those who therefore, have sought to incorporate striking ‘‘In actions’’ and inserting ‘‘(c) NO- might say nothing has changed, I can correlating language into S. 515. TICE OF ACTIONS; ACTIONS DURING EXTENSION attest that it has. Just look at the bill. There are other changes we made to OF PATENT TERM.—In actions’’. We have listened to many of the con- the Patent Reform Act of 2009, but I SEC. 13. EFFECTIVE DATE; RULE OF CONSTRUC- cerns raised by stakeholders and have want to focus my remaining remarks TION. changed the legislative text accord- on two key issues: how damages are (a) EFFECTIVE DATE.—Except as otherwise ingly. awarded in infringement lawsuits and provided in this Act, the provisions of this Let me highlight some of the signifi- Act shall take effect 12 months after the inequitable conduct reform. date of the enactment of this Act and shall cant changes we have made to the bill. I am aware of the concerns that some apply to any patent issued on or after that For example, S. 515 does not contain have raised about the damages provi- effective date. an applicant quality submissions provi- sion contained in S. 1145. I have heard (b) CONTINUITY OF INTENT UNDER THE CRE- sion due to near uniform opposition we from some who are concerned that ATE ACT.—The enactment of section 102(b)(3) heard from the patent community courts have allowed damages for in- of title 35, United States Code, under section about the burdens this would place on fringement to be based on the market (2)(b) of this Act is done with the same in- applicants. for an entire product, when all that tent to promote joint research activities Additionally, the Patent Reform Act that was expressed, including in the legisla- was infringed is a minor component of tive history, through the enactment of the of 2007 would have eliminated the cur- the product. I have also heard from Cooperative Research and Technology En- rent opt-out provision for publication some who argue that the current lan- hancement Act of 2004 (Public Law 108–453; of patent applications. Current law per- guage will severely limit the amount of the ‘‘CREATE Act’’), the amendments of mits applicants to request upon filing damages an infringer has to pay, there- which are stricken by section 2(c) of this that their application not be published by encouraging infringing behavior. Act. The United States Patent and Trade- at 18 months if a certification is made The sponsors of the Patent Reform mark Office shall administer section 102(b)(3) that the invention disclosed in the ap- of title 35, United States Code, in a manner Act of 2009 all agree that we need to consistent with the legislative history of the plication has not and will not be the improve the damages provision. In CREATE Act that was relevant to its admin- subject of an application filed in an- crafting a fair damages provision, we istration by the United States Patent and other country. Because of serious con- can rely upon well-reasoned and per- Trademark Office. cerns raised by independent inventors suasive case law, scholarship, and SEC. 14. SEVERABILITY. and small entities, we have removed other texts. I am confident that we will If any provision of this Act or of any this provision from S. 515. achieve consensus language in this amendment or repeals made by this Act, or Patents may be challenged either in area, but make no mistake: it will take the application of such a provision to any court or at the U.S. Patent and Trade- willing partners to craft a compromise person or circumstance, is held to be invalid mark Office, USPTO. The current ad- or unenforceable, the remainder of this Act that will not have deleterious affects and the amendments and repeals made by ministrative review process at the on any one sector of our economy. this Act, and the application of this Act and USPTO is widely viewed as ineffective For years I have been arguing if we such amendments and repeals to any other and inefficient. Accordingly, last year’s are serious about enacting comprehen- person or circumstance, shall not be affected bills proposed a process more like a sive patent law reform then we must by such holding. court proceeding than the current re- take steps to ensure that the inequi- Mr. HATCH. Mr. President, I rise to examination process. Both bills had a table conduct doctrine is applied in a introduce with Senate Judiciary Com- 1-year window for challenges during manner consistent with its original mittee chairman PATRICK LEAHY the which patents would not be presumed purpose: to sanction true misconduct Patent Reform Act of 2009, S. 515. I con- valid, and a patent could be invalidated and to do so in a proportional and fair sider introduction of this bill to be a by a ‘‘preponderance of evidence’’ manner. Inequitable conduct reform is milestone in the progress we have against it. However, the Senate bill, S. core to this bill, as it dictates how pat- made so far in the effort to reform our 1145, added a second window during the ents are prosecuted years before litiga- patent system—a system that has not life of the patent where only ‘‘clear and tion. The inequitable conduct defense been updated significantly since 1952. convincing’’ evidence could invalidate is frequently pled, rarely proven, and There is no doubt we have come a long the patent. Most in the patent commu- always drives up the cost of litigation way in our pursuit to accomplish com- nity prefer the post-grant review lan- tremendously. prehensive patent law reform. Reform guage as passed in the House because, Under current law, any perceived is so vitally necessary to keep our na- instead of creating a ‘‘second window,’’ transgression of the patent owner is tion competitive in our technologically it improved upon the existing inter- being painted as ‘‘fraud.’’ If an inequi- advanced global economy, especially partes reexamination. As such, S. 515 table conduct claim wins, a valid pat- during these difficult economic times. adopts the House approach to expand- ent will be held entirely void, and the I have always believed that passing ing interpartes, but includes ‘‘public infringer walks away without any li- patent reform legislation would be a use or sale in the United States’’ as a ability. There is virtually no downside multi-Congress endeavor. The Hatch- basis for challenging a patent. Further, for the infringer to raise this type of Leahy patent bill, S. 3818, formally our bill ensures that ex parte reexam- attack. This is why inequitable con- started the legislative process in 2006. ination proceedings are maintained, duct challenges are raised in nearly We continued the momentum in the which is an important tool for chal- every patent case. It has become, in 110th Congress by introducing S. 1145, lenging patents that should not have the words of the Federal Circuit, a the Patent Reform Act of 2007. In June issued. ‘‘plague’’ on the patent system. 2007, my colleagues and I on the Senate With patent litigation costs esca- The development of a more objective Judiciary Committee approved S. 1145 lating, the threat of enhanced damages and clearer inequitable conduct stand- by a vote of 13–5. While I would have can be quite substantial. For this rea- ard will remove the uncertainty and liked to see S. 1145 pass the full Senate, son, the Senate and House bills intro- confusion that defines current patent I believe the process already provided duced in the 110th Congress narrowed litigation. We cannot settle for mere

VerDate Nov 24 2008 03:31 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.078 S03MRPT1 wwoods2 on PRODPC68 with SENATE S2716 CONGRESSIONAL RECORD — SENATE March 3, 2009 codification of current practices. immigration bill stalled in the Senate. SUBMITTED RESOLUTIONS Chairman LEAHY and Chairman CON- I would hope that consideration could YERS both know of my strong interest be given to delinking the DREAM Act SENATE RESOLUTION 62—A BILL in this area and have agreed to incor- from the larger bill so that we can put ESTABLISHING A SELECT COM- porate changes to the law. There is no in place a legal framework for dealing doubt that inequitable conduct reform MITTEE OF THE SENATE TO with young people similar in cir- has the potential to single-handedly MAKE A THOROUGH AND COM- revolutionize the manner in which pat- cumstances to Juan and Alejandro who PLETE STUDY AND INVESTIGA- ent applications are prosecuted. Argu- are caught in this unfortunate immi- TION OF THE FACTS AND CIR- ably, reform in this area will have the gration status. But that is not likely to CUMSTANCES GIVING RISE TO most favorable impact on patent qual- happen soon enough to address the THE ECONOMIC CRISIS FACING ity and the ability for the USPTO to problems confronting Juan and THE UNITED STATES AND TO reduce its pendency—thereby fostering Alejandro. MAKE RECOMMENDATIONS TO a strong and vibrant environment for PREVENT A FUTURE RECUR- That is why I have decided to re- all innovation and entrepreneurship. RENCE OF SUCH A CRISIS introduce a private bill on their behalf. Now more than ever, our industries Mr. DORGAN (for himself and Mr. I will also be writing to Senator need reassurance and predictability in MCCAIN) submitted the following reso- CHARLES SCHUMER, Chairman of the order to move forward in these chal- lution; which was referred to the Com- lenging times. I believe the Patent Re- Subcommittee on Immigration to re- mittee on Rules and Administration: form Act of 2009 has the potential to quest, pursuant to the Subcommittee’s S. RES. 62 complement all of the stimulatory ef- Rules of Procedure, that the Sub- forts currently under way. Now is the Whereas the United States is currently fac- committee formally request an expe- ing an unprecedented economic crisis, with time to act. dited departmental report from the Bu- massive losses of jobs in the United States By Mr. DODD: reau of Citizenship and Immigration and an alarming contraction of economic ac- Services regarding the Gomez brothers tivity in the United States; S. 517. A bill for the relief of Whereas the United States Government Alejandro Gomez and Juan Sebastian so that the Subcommittee can then has pledged, committed, or loaned more than Gomez; to the Committee on the Judi- move forward to give consideration to $9,000,000,000,000 as of February 2009 in an at- ciary. this bill as soon as possible. tempt to mitigate and resolve the economic Mr. DODD. Mr. President, today I crisis and trillions of dollars more may well send to the desk a private relief bill to I have had the opportunity to meet be necessary before the crisis is over; provide permanent resident status to Juan and Alejandro. They believe that Whereas the economic crisis reaches into, Juan and Alejandro Gomez, and ask America is their home. They love our and has impacted, almost every aspect of the that it be appropriately referred. country and want to have an oppor- United States economy and significant parts Juan, 20, and Alejandro, 21, are na- tunity to fulfill their dreams of becom- of the international economy; tives of Colombia who came to the U.S. Whereas any thorough and complete study ing full participants in this country. and investigation of this complex and far- with their parents in August 1990 on B– Passage of the private bill would give reaching economic crisis will require sus- 2 visitors visas and reside in Miami, them that opportunity. I look forward tained and singular focus for many months; FL. Their parents were deported on Oc- to working with the Subcommittee to Whereas a study and investigation of this tober 30, 2007. Their initial departure size and scope implicates the jurisdiction of date was September 14, 2007, but be- facilitate its passage. several Standing Committees of the Senate cause of legislation introduced last and, if it is to be done correctly and timely, Congress that date was extended. How- By Mr. DURBIN: will require a degree of undivided attention and resources beyond the capacity of the ever, now they have been ordered to re- S. 520. A bill to designate the United port for deportation on March 15, 2009. Standing Committees of the Senate, which States Courthouse under construction are already over-burdened; Juan and Alejandro have lived continu- at 327 South Church Street, Rockford, Whereas adding such a significant study ously in the U.S. for the last 18 years. Illinois, as the ‘‘Stanley J. Roszkowski and investigation to the duties of the exist- They have both graduated from Miami ing Standing Committees of the Senate Killian High School. Juan is a student United States Courthouse’’; considered would make it difficult for such committees at Georgetown University in Wash- and passed. to get their regular required work accom- ington, D.C. Alejandro is a student at Mr. DURBIN. Mr. President, I ask plished, particularly when so much attention Miami Dade Community College and and so many resources are appropriately de- unanimous consent that the text of the voted to responding to the ongoing economic works at the Biltmore Hotel in Miami. bill be printed in the RECORD. They have the strong support of their crisis; Whereas dozens of important investiga- community. It would be an extreme There being no objection, the text of the bill was ordered to be placed in the tions have been conducted with the creation hardship to uproot Juan and Alejandro of a select committee of the Senate for a spe- from their community, which has RECORD, as follows: cific purpose and a set time; and wholeheartedly embraced them, to S. 520 Whereas the American public has a right send them back to Colombia where to get straight answers on how this eco- there lives could be in serious danger. Be it enacted by the Senate and House of Rep- nomic crisis developed and what steps should We all know that the circumstances resentatives of the United States of America in be taken to make sure that nothing like it of Juan and Alejandro are not unique. Congress assembled, happens again: Now therefore be it Resolved, Just like many other children here il- SECTION 1. STANLEY J. ROSZKOWSKI UNITED legally, they had no control over their SECTION 1. SELECT COMMITTEE ON INVESTIGA- STATES COURTHOUSE. TION OF THE ECONOMIC CRISIS. parents’ decision to overstay their (a) DESIGNATION.—The United States court- There is established a select committee of visas a number of years ago. Most of house under construction, as of the date of the Senate to be known as the Select Com- these young people work hard to com- enactment of this Act, at 327 South Church mittee on Investigation of the Economic Cri- plete school and contribute to their sis (hereafter in this resolution referred to as Street, Rockford, Illinois, shall be known communities. Cases like Juan’s and the ‘‘Select Committee’’). and designated as the ‘‘Stanley J. SEC. 2. PURPOSE AND DUTIES. Alejandro’s are the reason why the so Roszkowski United States Courthouse’’. called DREAM Act was attached to the (a) PURPOSE.—The purpose of the Select comprehensive immigration reform (b) REFERENCES.—Any reference in a law, Committee is to study and investigate the legislation that the Senate attempted map, regulation, document, paper, or other facts and circumstances giving rise to the to pass last Congress, only to face a fil- record of the United States to the United current economic crisis facing the United States and to recommend actions to be ibuster from opponents of any com- States courthouse referred to in subsection (a) shall be deemed to be a reference to the taken to prevent a future recurrence of such prehensive immigration reform pro- a crisis. posal. ‘‘Stanley J. Roszkowski United States Courthouse’’. (b) DUTIES.—The Select Committee is au- The DREAM Act has broad partisan thorized and directed to do everything nec- support and is not the reason that the essary or appropriate to conduct the study

VerDate Nov 24 2008 02:25 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.018 S03MRPT1 wwoods2 on PRODPC68 with SENATE March 3, 2009 CONGRESSIONAL RECORD — SENATE S2717 and investigation specified in subsection (a). sibilities of a committee under rule XXVI of after the submittal of the report under sub- Without restricting in any way the author- the Standing Rules of the Senate. section (a). ity conferred on the Select Committee by (b) POWERS.—The Select Committee or, at (c) FINAL REPORT.—The Select Committee the preceding sentence, the Senate further its direction, any subcommittee or member shall submit a final report on such investiga- expressly authorizes and directs the Select of the Select Committee, may, for the pur- tion not later than two years after the ap- Committee to examine the facts and cir- pose of carrying out this resolution— pointment of all of the members of the Se- cumstances giving rise to the current eco- (1) hold hearings; lect Committee. nomic crisis facing the United States, and (2) administer oaths; (d) ADDITIONAL REPORTS.—The Select Com- report on such examination, regarding the (3) sit and act at any time or place during mittee may submit any additional report or following: the sessions, recess, and adjournment periods reports that the Select Committee considers (1) The causes of the current economic cri- of the Senate; appropriate. (e) FINDINGS AND RECOMMENDATIONS.—The sis. (4) authorize and require, by issuance of reports under this section shall include find- (2) Lessons learned from the current eco- subpoena or otherwise, the attendance and ings and recommendations of the Select nomic crisis. testimony of witnesses and the preservation Committee regarding the matters considered (3) Actions to prevent a recurrence of an and production of books, records, cor- under section 2. economic crisis such as the current eco- respondence, memoranda, papers, docu- (f) DISPOSITION OF REPORTS.—All reports nomic crisis. ments, tapes, and any other materials in made by the Select Committee shall be sub- SEC. 3. COMPOSITION OF SELECT COMMITTEE. whatever form the Select Committee con- mitted to the Secretary of the Senate. All (a) MEMBERSHIP.— siders advisable; reports made by the Select Committee shall (1) IN GENERAL.—The Select Committee (5) take testimony, orally, by sworn state- be referred to the committee or committees shall consist of 7 members of the Senate of ment, by sworn written interrogatory, or by that have jurisdiction over the subject mat- whom— deposition, and authorize staff members to ter of the report. (A) 4 members shall be appointed by the do the same; and SEC. 7. ADMINISTRATIVE PROVISIONS. majority leader of the Senate; and (6) issue letters rogatory and requests, (a) STAFF.— (B) 3 members shall be appointed by the through appropriate channels, for any other (1) IN GENERAL.—The Select Committee minority leader of the Senate. means of international assistance. may employ in accordance with paragraph (2) DATE.—The appointments of the mem- (c) AUTHORIZATION, ISSUANCE, AND EN- (2) a staff composed of such clerical, inves- bers of the Select Committee shall be made FORCEMENT OF SUBPOENAS.— tigatory, legal, technical, and other per- not later than 30 days after the date of the (1) AUTHORIZATION AND ISSUANCE.—Sub- sonnel as the Select Committee, or the Chair adoption of this resolution. poenas authorized and issued under this sec- and the Vice Chair of the Select Committee (b) VACANCIES.—Any vacancy in the Select tion— considers necessary or appropriate. Committee shall not affect its powers, but (A) may be done only with the joint con- (2) APPOINTMENT OF STAFF.—The staff of shall be filled in the same manner as the currence of the Chair and the Vice Chair of original appointment. the Select Committee shall consist of such the Select Committee; personnel as the Chair and the Vice Chair (c) SERVICE.—Service of a Senator as a (B) shall bear the signature of the Chair or member, Chair, or Vice Chair of the Select shall jointly appoint. Such staff may be re- the designee of the Chair; and moved jointly by the Chair and the Vice Committee shall not be taken into account (C) shall be served by any person or class of for the purposes of paragraph (4) of rule XXV Chair, and shall work under the joint general persons designated by the Chair for that pur- supervision and direction of the Chair and of the Standing Rules of the Senate. pose anywhere within or without the borders (d) CHAIR AND VICE CHAIR.—The Chair of the Vice Chair. of the United States to the full extent pro- the Select Committee shall be designated by (b) COMPENSATION.—The Chair and the Vice vided by law. the majority leader of the Senate, and the Chair of the Select Committee shall jointly (2) ENFORCEMENT.—The Select Committee Vice Chair of the Select Committee shall be fix the compensation of all personnel of the may make to the Senate by report or resolu- designated by the minority leader of the staff of the Select Committee. tion any recommendation, including a rec- Senate. (c) REIMBURSEMENT OF EXPENSES.—The Se- ommendation for criminal or civil enforce- (e) QUORUM.— lect Committee may reimburse the members ment, that the Select Committee considers (1) REPORTS AND RECOMMENDATIONS.—A ma- of its staff for travel, subsistence, and other jority of the members of the Select Com- appropriate with respect to— necessary expenses incurred by such staff mittee shall constitute a quorum for the pur- (A) the failure or refusal of any person to members in the performance of their func- pose of reporting a matter or recommenda- appear at a hearing or deposition or to tions for the Select Committee. tion to the Senate. produce or preserve documents or materials (d) SERVICES OF SENATE STAFF.—The Select described in subsection (b)(4) in obedience to Committee may use, with the prior consent (2) TESTIMONY.—One member of the Select Committee shall constitute a quorum for the a subpoena or order of the Select Committee; of the chair of any other committee of the purpose of taking testimony. (B) the failure or refusal of any person to Senate or the chair of any subcommittee of answer questions truthfully and completely any committee of the Senate, the facilities (3) OTHER BUSINESS.—A majority of the during the person’s appearance as a witness of any other committee of the Senate, or the members of the Select Committee, or 1⁄3 of services of any members of the staff of such the members of the Select Committee if at at a hearing or deposition of the Select Com- committee or subcommittee, whenever the least one member of the minority party is mittee; or Select Committee or the Chair of the Select present, shall constitute a quorum for the (C) the failure or refusal of any person to Committee considers that such action is nec- purpose of conducting any other business of comply with any subpoena or order issued essary or appropriate to enable the Select the Select Committee. under the authority of subsection (b). (d) AVOIDANCE OF DUPLICATION.— Committee to carry out its responsibilities, SEC. 4. RULES AND PROCEDURES. (1) IN GENERAL.—To expedite the study and duties, or functions under this resolution. (a) GOVERNANCE UNDER STANDING RULES OF investigation, avoid duplication, and pro- (e) DETAIL OF EMPLOYEES.—The Select SENATE.—Except as otherwise specifically mote efficiency under this resolution, the Committee may use on a reimbursable basis, provided in this resolution, the investiga- with the prior consent of the head of the de- tion, study, and hearings conducted by the Select Committee shall seek to— (A) confer with other investigations into partment or agency of Government con- Select Committee shall be governed by the cerned and the approval of the Committee on Standing Rules of the Senate. the matters set forth in section 2(a); and (B) access all information and materials Rules and Administration of the Senate, the (b) ADDITIONAL RULES AND PROCEDURES.— services of personnel of such department or In addition to the provisions of section 7(h), acquired or developed in such other inves- tigations. agency. the Select Committee may adopt additional (f) TEMPORARY AND INTERMITTENT SERV- (2) ACCESS TO INFORMATION AND MATE- rules or procedures if the Chair and the Vice ICES.—The Select Committee may procure RIALS.—The Select Committee shall have, to Chair of the Select Committee agree, or if the temporary or intermittent services of in- the fullest extent permitted by law, access to the Select Committee by majority vote so dividual consultants, or organizations there- any such information or materials obtained decides, that such additional rules or proce- of. by any other governmental department, dures are necessary or advisable to enable (g) PAYMENT OF EXPENSES.—There shall be the Select Committee to conduct the inves- agency, or body investigating the matters paid out of the applicable accounts of the tigation, study, and hearings authorized by set forth in section 2(a). Senate such sums as may be necessary for this resolution. Any such additional rules SEC. 6. REPORTS. the expenses of the Select Committee. Such and procedures— (a) INITIAL REPORT.—The Select Committee payments shall be made on vouchers signed (1) shall not be inconsistent with this reso- shall submit to the Senate a report on the by the Chair of the Select Committee and ap- lution or the Standing Rules of the Senate; study and investigation conducted pursuant proved in the manner directed by the Com- and to section 2 not later than one year after the mittee on Rules and Administration of the (2) shall become effective upon publication appointment of all of the members of the Se- Senate. Amounts made available under this in the Congressional Record. lect Committee. subsection shall be expended in accordance SEC. 5. AUTHORITY OF SELECT COMMITTEE. (b) UPDATED REPORT.—The Select Com- with regulations prescribed by the Com- (a) IN GENERAL.—The Select Committee mittee shall submit an updated report on mittee on Rules and Administration of the may exercise all of the powers and respon- such investigation not later than 180 days Senate.

VerDate Nov 24 2008 02:25 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.050 S03MRPT1 wwoods2 on PRODPC68 with SENATE S2718 CONGRESSIONAL RECORD — SENATE March 3, 2009 (h) CONFLICTS OF INTEREST.—The Select bill H.R. 1105, supra; which was ordered to lie BROWNBACK, Mr. CORNYN, Mr. Committee shall issue rules to prohibit or on the table. LIEBERMAN, Mr. GREGG, Mr. ALEX- minimize any conflicts of interest involving SA 628. Mr. GRASSLEY submitted an ANDER, Mr. MCCAIN, and Mr. ENZI) sub- its members, staff, detailed personnel, con- amendment intended to be proposed by him mitted an amendment intended to be sultants, and any others providing assistance to the bill H.R. 1105, supra; which was or- to the Select Committee. Such rules shall dered to lie on the table. proposed by him to the bill H.R. 1105, not be inconsistent with the Code of Official SA 629. Mr. KYL submitted an amendment making omnibus appropriations for the Conduct of the Senate or applicable Federal intended to be proposed by him to the bill fiscal year ending September 30, 2009, law. H.R. 1105, supra; which was ordered to lie on and for other purposes; which was or- SEC. 8. EFFECTIVE DATE; TERMINATION. the table. dered to lie on the table; as follows: (a) EFFECTIVE DATE.—This resolution shall SA 630. Mr. KYL submitted an amendment On page 308, line 2, strike beginning with ‘‘: take effect on the date of the adoption of intended to be proposed by him to the bill Provided’’ through line 8 and insert a period. this resolution. H.R. 1105, supra; which was ordered to lie on (b) TERMINATION.—The Select Committee the table. SA 616. Mr. COBURN submitted an shall terminate three months after the sub- SA 631. Mr. KYL submitted an amendment amendment intended to be proposed by mittal of the report required by section 6(c). intended to be proposed by him to the bill him to the bill H.R. 1105, making omni- f H.R. 1105, supra; which was ordered to lie on bus appropriations for the fiscal year the table. ending September 30, 2009, and for AMENDMENTS SUBMITTED AND SA 632. Mr. KYL submitted an amendment PROPOSED intended to be proposed by him to the bill other purposes; which was ordered to lie on the table; as follows: SA 613. Mr. INHOFE submitted an amend- H.R. 1105, supra; which was ordered to lie on On page 3, between lines 5 and 6, insert the ment intended to be proposed by him to the the table. following: bill H.R. 1105, making omnibus appropria- SA 633. Mr. KYL submitted an amendment tions for the fiscal year ending September 30, intended to be proposed by him to the bill SEC. 4. REPORT ON CONFERENCES BY FEDERAL AGENCIES. 2009, and for other purposes; which was or- H.R. 1105, supra; which was ordered to lie on the table. (a) DEFINITION.—In this section the term dered to lie on the table. ‘‘agency’’ has the meaning given under sec- SA 614. Mrs. MCCASKILL (for herself and SA 634. Mr. KYL (for himself and Mr. tion 551(1) of title 5, United States Code. Mr. BOND) submitted an amendment in- VITTER) submitted an amendment intended (b) REPORTS.— tended to be proposed by her to the bill H.R. to be proposed by him to the bill H.R. 1105, (1) IN GENERAL.—The head of each agency 1105, supra; which was ordered to lie on the supra; which was ordered to lie on the table. SA 635. Mr. THUNE proposed an amend- for which appropriations are made available table. under this Act, shall submit quarterly re- SA 615. Mr. ENSIGN (for himself, Mr. ment to the bill H.R. 1105, supra. ports as provided under paragraph (2) regard- VOINOVICH, Mr. KYL, Mr. DEMINT, Mr. SA 636. Mr. VITTER submitted an amend- ing the costs and contracting procedures re- BROWNBACK, Mr. CORNYN, Mr. LIEBERMAN, ment intended to be proposed by him to the lating to each conference held by that agen- Mr. GREGG, Mr. ALEXANDER, Mr. MCCAIN, and bill H.R. 1105, supra; which was ordered to lie cy during fiscal year 2009 for which the cost Mr. ENZI) submitted an amendment intended on the table. to the Government was more than $20,000. to be proposed by him to the bill H.R. 1105, SA 637. Mr. BARRASSO (for himself and (2) SUBMISSION OF REPORTS.—Each report supra; which was ordered to lie on the table. Mr. ENZI) submitted an amendment intended SA 616. Mr. COBURN submitted an amend- to be proposed by him to the bill H.R. 1105, under paragraph (1) shall be submitted to— ment intended to be proposed by him to the supra; which was ordered to lie on the table. (A) the Inspector General of that agency; bill H.R. 1105, supra; which was ordered to lie SA 638. Mr. CRAPO (for himself, Mr. or on the table. VITTER, and Mr. CORKER) submitted an (B) in the case of an agency for which there SA 617. Mr. VITTER submitted an amend- amendment intended to be proposed by him is no Inspector General, the Committee on ment intended to be proposed by him to the to the bill H.R. 1105, supra; which was or- Homeland Security and Governmental Af- bill H.R. 1105, supra; which was ordered to lie dered to lie on the table. fairs of the Senate and the Committee on on the table. SA 639. Mr. UDALL of New Mexico sub- Oversight and Government Reform of the SA 618. Ms. MURKOWSKI (for herself and mitted an amendment intended to be pro- House of Representatives. Mr. BEGICH) submitted an amendment in- posed by him to the bill H.R. 1105, supra; (3) CONTENTS OF REPORTS.—Each report tended to be proposed by her to the bill H.R. which was ordered to lie on the table. submitted under this subsection shall in- clude for each conference described under 1105, supra; which was ordered to lie on the f table. paragraph (1) held during the applicable SA 619. Ms. MURKOWSKI (for herself and TEXT OF AMENDMENTS quarter— Mr. BEGICH) submitted an amendment in- (A) a description of the subject of and num- tended to be proposed by her to the bill H.R. SA 613. Mr. INHOFE submitted an ber of participants attending that con- 1105, supra; which was ordered to lie on the amendment intended to be proposed by ference; table. him to the bill H.R. 1105, making omni- (B) a detailed statement of the costs to the SA 620. Mr. ENSIGN submitted an amend- bus appropriations for the fiscal year Government relating to that conference, in- ment intended to be proposed by him to the ending September 30, 2009, and for cluding— bill H.R. 1105, supra; which was ordered to lie other purposes; which was ordered to (i) the cost of any food or beverages; on the table. lie on the table; as follows: (ii) the cost of any audio-visual services; SA 621. Mr. VITTER (for himself, Mr. FEIN- and GOLD, Mr. GRASSLEY, and Mr. ENSIGN) sub- On page 942, between lines 14 and 15, insert (iii) a discussion of the methodology used mitted an amendment intended to be pro- the following: to determine which costs relate to that con- posed by him to the bill H.R. 1105, supra; RESTRICTION ON ASSESSED CONTRIBUTIONS AND ference; and which was ordered to lie on the table. VOLUNTARY PAYMENTS TO UNITED NATIONS (C) a description of the contracting proce- SA 622. Mr. ENSIGN submitted an amend- SEC. 7093. None of the funds appropriated dures relating to that conference, includ- ment intended to be proposed by him to the or otherwise made available under any title ing— bill H.R. 1105, supra; which was ordered to lie of this Act may be made available to make (i) whether contracts were awarded on a on the table. any assessed contribution or voluntary pay- competitive basis for that conference; and SA 623. Mr. COBURN (for himself and Mr. ment of the United States to the United Na- (ii) a discussion of any cost comparison MCCAIN) submitted an amendment intended tions if the United Nations implements or conducted by the agency in evaluating po- to be proposed by him to the bill H.R. 1105, imposes any taxation on any United States tential contractors for that conference. supra. persons. SA 624. Ms. MURKOWSKI (for herself and SA 617. Mr. VITTER submitted an Mr. BEGICH) submitted an amendment in- SA 614. Mrs. MCCASKILL (for herself amendment intended to be proposed by tended to be proposed by her to the bill H.R. and Mr. BOND) submitted an amend- him to the bill H.R. 1105, making omni- 1105, supra; which was ordered to lie on the bus appropriations for the fiscal year table. ment intended to be proposed by her to SA 625. Mr. JOHNSON (for himself and Mr. the bill H.R. 1105, making omnibus ap- ending September 30, 2009, and for THUNE) submitted an amendment intended to propriations for the fiscal year ending other purposes; which was ordered to be proposed by him to the bill H.R. 1105, September 30, 2009, and for other pur- lie on the table; as follows: supra; which was ordered to lie on the table. poses; which was ordered to lie on the On page 1122, after line 10, insert the fol- SA 626. Mr. NELSON, of Florida submitted table; as follows: lowing: an amendment intended to be proposed by SEC. 103. STUDY ON VALIDITY OF DIGITAL him to the bill H.R. 1105, supra; which was In title I of division C, strike section 108. FLOOD INSURANCE RATE MAPS.— ordered to lie on the table. (a) IN GENERAL.—The Administrator of the SA 627. Mr. ENSIGN submitted an amend- SA 615. Mr. ENSIGN (for himself, Mr. Federal Emergency Management Agency and ment intended to be proposed by him to the VOINOVICH, Mr. KYL, Mr. DEMINT, Mr. the Corps of Engineers, in conjunction with

VerDate Nov 24 2008 03:31 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.050 S03MRPT1 wwoods2 on PRODPC68 with SENATE March 3, 2009 CONGRESSIONAL RECORD — SENATE S2719 the State of Louisiana, shall conduct a study CONTINUATION OF POLICY OF TREATING SERVICE him to the bill H.R. 1105, making omni- on the validity of digital flood insurance rate IN THE ALASKA TERRITORIAL GUARD DURING bus appropriations for the fiscal year maps. WORLD WAR II AS ACTIVE SERVICE FOR PUR- ending September 30, 2009, and for (b) TERMS OF ANALYSIS.—In conducting the POSES OF THE COMPUTATION OF RETIRED PAY other purposes; which was ordered to study required under subsection (a), the Ad- OF RETIRED MEMBERS OF THE ARMY lie on the table; as follows: ministrator and the Corps of Engineers SEC. ll. (a) IN GENERAL.—The Secretary At the appropriate place in title V of divi- shall— of Defense shall, during the period beginning sion F, insert the following: (1) use the best and most current— on April 1, 2009, and ending on September 30, SEC. ll. None of the funds appropriated in 2009, treat service in the Alaska Territorial (A) geodetic reference; this Act shall be expended or obligated by Guard during World War II as active service (B) topographic data and features; and the Commissioner of Social Security, for for purposes of the computation of retired (C) updated circulation and flood models purposes of administering Social Security pay of retired members of the Army under available; benefit payments under title II of the Social title 10, United States Code. (2) fully analyze and identify the effect of Security Act, to process claims for credit for (b) PROHIBITION ON RECOUPMENT OF RE- roadways, levees, and natural ridges that are quarters of coverage based on work per- TIRED PAY.—The Secretary of Defense may particular to the area being mapped; formed under a social security account num- not recoup any retired pay paid on account (3) consider more recent bathymetric and ber that was not the claimant’s number of service described in subsection (a). topographic data, particularly from light de- which is an offense prohibited under section tection and ranging technology, referenced Mr. ENSIGN submitted an 208 of the Social Security Act (42 U.S.C. 408). to the most recent vertical benchmarks; SA 620. (4) further analyze the effects of various amendment intended to be proposed by SA 623. Mr. COBURN (for himself and vegetation in storm surge; and him to the bill H.R. 1105, making omni- Mr. MCCAIN) submitted an amendment (5) collaborate closely with State and local bus appropriations for the fiscal year intended to be proposed by him to the governments who may have data and infor- ending September 30, 2009, and for bill H.R. 1105, making omnibus appro- mation described in paragraph (1) that may other purposes; which was ordered to priations for the fiscal year ending produce more accurate maps or enhanced lie on the table; as follows: models. September 30, 2009, and for other pur- On page 956, between lines 7 and 8, insert poses; as follows: (c) NO UPDATE OF FLOODMAPS UNTIL STUDY the following: COMPLETED.—During the period beginning on At the appropriate place, insert the fol- NEXTGEN ACCELERATION lowing: the date of the enactment of this Act and For grants or other agreements to accel- ending 90 days after the date on which the SEC. ll. Notwithstanding any other pro- erate the transition to the Next Generation vision of this Act, none of the funds made study required under subsection (a) is com- Air Transportation System by accelerating available under this Act may be obligated or pleted, the Administrator may not issue any deployment of ground infrastructure for otherwise expended for any congressionally updated flood insurance rate maps for the Automatic Dependent Surveillance-Broad- directed spending item for— State of Louisiana. cast, by accelerating development of proce- (1) DIRECT Methanol Fuel Cell (IN); dures and routes that support performance- (2) Solar Energy Windows and Smart IR SA 618. Ms. MURKOWSKI (for herself based air navigation, to incentivize aircraft Switchable Building Technologies (PA); and Mr. BEGICH) submitted an amend- equipage to use such infrastructure, proce- (3) Adaptive Liquid Crystal Windows (OH); ment intended to be proposed by her to dures, and routes, and for additional agency (4) Anti-idling Lithium Ion Battery Pro- the bill H.R. 1105, making omnibus ap- administrative costs associated with the cer- gram, California (CA) ; tification and oversight of the deployment of (5) Advanced Engineering Environment for propriations for the fiscal year ending such systems, $165,000,000, to remain avail- September 30, 2009, and for other pur- Sandia National Lab (MA); able until September 30, 2010: Provided, That (6) Multi-Disciplined Integrated Collabo- poses; which was ordered to lie on the the Administrator of the Federal Aviation rative Environment (MDICE) (MO); Administration shall use the authority table; as follows: (7) Hydrogen Optical Fiber Sensors (CA); under section 106(l)(6) of title 49, United At the appropriate place, insert the fol- (8) Flexible Thin-Film Silicon Solar Cells States Code, to make such grants or agree- lowing: (OH); ments: Provided further, That, with respect to (9) CATALYST: Explorations in Aerospace TREATMENT AS ACTIVE SERVICE FOR RETIRED any incentives for equipage, the Federal and Innovation education program; PAY PURPOSES OF SERVICE AS A MEMBER OF share of the costs shall not exceed 50 per- (10) Carnegie Mellon University, Pitts- THE ALASKA TERRITORIAL GUARD DURING cent. burgh, PA, for renovation and equipment; WORLD WAR II On page 991, line 20, strike ‘‘$550,000,000’’ and insert ‘‘$475,000,000’’. (11) Mount Aloysius College, Cresson, PA, SEC. lll. (a) IN GENERAL.—Service as a On page 995, line 13, strike ‘‘$940,000,000’’ for college preparation programs; member of the Alaska Territorial Guard dur- and insert ‘‘$850,000,000’’. (12) Washington & Jefferson College, Wash- ing World War II of any individual who was ington, PA, for science education outreach honorably discharged therefrom under sec- SA 621. Mr. VITTER (for himself, Mr. programs; tion 8147 of the Department of Defense Ap- FEINGOLD, Mr. GRASSLEY, and Mr. EN- (13) DePaul University, Chicago, IL, for propriations Act, 2001 (Public Law 106–259; SIGN) submitted an amendment in- math and science teacher education in Chi- 114 Stat. 705) shall be treated as active serv- tended to be proposed by him to the cago Public Schools; and ice for purposes of the computation under bill H.R. 1105, making omnibus appro- (14) Nazareth Hospital, Philadelphia, PA, chapter 71, 371, or 1223 of title 10, United for renovation and equipment. States Code, as applicable, of the retired pay priations for the fiscal year ending to which such individual may be entitled September 30, 2009, and for other pur- SA 624. Ms. MURKOWSKI (for herself under title 10, United States Code. poses; which was ordered to lie on the and Mr. BEGICH) submitted an amend- (b) APPLICABILITY.—Subsection (a) shall table; as follows: ment intended to be proposed by her to apply with respect to amounts of retired pay At the appropriate place, insert the fol- the bill H.R. 1105, making omnibus ap- payable under title 10, United States Code, lowing: propriations for the fiscal year ending for months beginning on or after August 9, SEC. lll. ELIMINATION OF AUTOMATIC PAY September 30, 2009, and for other pur- 2000. No retired pay shall be paid to any indi- ADJUSTMENTS FOR MEMBERS OF vidual by reason of subsection (a) for any pe- CONGRESS. poses; which was ordered to lie on the riod before that date. (a) IN GENERAL.—Paragraph (2) of section table; as follows: (c) WORLD WAR II DEFINED.—In this sec- 601(a) of the Legislative Reorganization Act Strike section 117 of title I of division C. tion, the term ‘‘World War II’’ has the mean- of 1946 (2 U.S.C. 31) is repealed. ing given that term in section 101(8) of title (b) TECHNICAL AND CONFORMING AMEND- SA 625. Mr. JOHNSON (for himself 38, United States Code. MENTS.—Section 601(a)(1) of such Act is and Mr. THUNE) submitted an amend- amended— ment intended to be proposed by him (1) by striking ‘‘(a)(1)’’ and inserting ‘‘(a)’’; SA 619. Ms. MURKOWSKI (for herself to the bill H.R. 1105, making omnibus (2) by redesignating subparagraphs (A), (B), appropriations for the fiscal year end- and Mr. BEGICH) submitted an amend- and (C) as paragraphs (1), (2), and (3), respec- ment intended to be proposed by her to tively; and ing September 30, 2009, and for other the bill H.R. 1105, making omnibus ap- (3) by striking ‘‘as adjusted by paragraph purposes; which was ordered to lie on propriations for the fiscal year ending (2) of this subsection’’ and inserting ‘‘ad- the table; as follows: September 30, 2009, and for other pur- justed as provided by law’’. On page 254, between lines 5 and 6, insert poses; which was ordered to lie on the (c) EFFECTIVE DATE.—This section shall the following: take effect on December 31, 2010. SEC. 5ll. BIG SIOUX RIVER AND SKUNK CREEK, table; as follows: SIOUX FALLS, SOUTH DAKOTA. At the appropriate place, insert the fol- SA 622. Mr. ENSIGN submitted an The project for flood control, Big Sioux lowing: amendment intended to be proposed by River and Skunk Creek, Sioux Falls, South

VerDate Nov 24 2008 02:25 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.046 S03MRPT1 wwoods2 on PRODPC68 with SENATE S2720 CONGRESSIONAL RECORD — SENATE March 3, 2009 Dakota, authorized by section 101(a)(28) of In title I of division D, strike section 106. Department of Commerce under the heading the Water Resources Development Act of ‘‘OPERATIONS, RESEARCH, AND FACILITIES’’ 1996 (110 Stat. 3666), is modified to authorize SA 629. Mr. KYL submitted an under the heading ‘‘NATIONAL OCEANIC AND the Secretary of the Army to construct the amendment intended to be proposed by ATMOSPHERIC ADMINISTRATION’’ is hereby de- project at an estimated total cost of him to the bill H.R. 1105, making omni- creased by $23,800,000. $51,000,000, of which— bus appropriations for the fiscal year Mr. KYL proposed an amend- (1) the Federal share of the estimated total ending September 30, 2009, and for SA 633. cost shall be approximately $38,250,000; and ment intended to be proposed by him other purposes; which was ordered to (2) the non-Federal share of the estimated to the bill H.R. 1105, making omnibus lie on the table; as follows: total cost shall be approximately $12,750,000. appropriations for the fiscal year end- On page 942, between lines 14 and 15, insert the following: ing September 30, 2009, and for other SA 626. Mr. NELSON of Florida sub- purposes; which was ordered to lie on PROHIBITION ON USE OF FUNDS FOR RESETTLE- mitted an amendment intended to be the table; as follows: proposed by him to the bill H.R. 1105, MENT INTO UNITED STATES OF PALESTINIANS FROM GAZA On page 751, line 7, insert after making omnibus appropriations for the ‘‘$698,187,000: Provided,’’ the following: ‘‘That SEC. 7093. None of the funds appropriated fiscal year ending September 30, 2009, of the total amount made available under and for other purposes; which was or- or otherwise made available by this Act may be made available to resettle Palestinians this heading, $96,454,000 may be made avail- dered to lie on the table; as follows: from Gaza into the United States. able for Radio Free Europe/Radio Liberty: Beginning on page 363, strike line 13 and Provided further,’’. all that follows through page 364, line 11, and SA 630. Mr. KYL submitted an Mr. KYL (for himself and Mr. insert the following: amendment intended to be proposed by SA 634. VITTER) submitted an amendment in- SEC. 620. None of the funds made available him to the bill H.R. 1105, making omni- tended to be proposed by him to the in this Act may be used to administer, im- bus appropriations for the fiscal year plement, or enforce the amendments made to bill H.R. 1105, making omnibus appro- ending September 30, 2009, and for section 515.560 and section 515.561 of title 31, priations for the fiscal year ending other purposes; which was ordered to Code of Federal Regulations, related to trav- September 30, 2009, and for other pur- lie on the table; as follows: el to visit relatives in Cuba, that were pub- poses; which was ordered to lie on the lished in the Federal Register on June 16, On page 942, between lines 14 and 15, insert table; as follows: 2004. the following: At the appropriate place, insert the fol- REPORT ON COUNTER-SMUGGLING EFFORTS IN lowing: SA 627. Mr. ENSIGN submitted an GAZA amendment intended to be proposed by SEC. ll. (a) Except as provided under sub- SEC. 7093. Not later than 90 days after the section (b), none of the funds made available him to the bill H.R. 1105, making omni- date of the enactment of this Act, the Sec- under this Act may be spent by a Federal bus appropriations for the fiscal year retary of State, in consultation with the Di- agency in a new contract or other expendi- ending September 30, 2009, and for rector of National Intelligence, shall submit ture of Federal funds with a company identi- other purposes; which was ordered to to Congress a report on whether additional fied by the Department of the Treasury Of- lie on the table; as follows: funds from Foreign Military Financing as- fice of Foreign Assets Control (OFAC) as sistance provided annually to the Govern- having a business presence in Iran’s energy On page 942, between lines 14 and 15, insert ment of Egypt could be expended— the following: sector, including Iran’s refineries, refined pe- (1) to improve efforts by the Government troleum products, and oil and natural gas UNITED NATIONS INVESTIGATION OF HAMAS AC- of Egypt to counter illicit smuggling, includ- fields. TIVITIES DURING JANUARY 2009 ISRAELI OPER- ing arms smuggling, across the Egypt-Gaza (b) The President may waive the applica- ATIONS IN GAZA border; and tion of subsection (a), on a case-by-case SEC. 7093. (a) Congress makes the following (2) to intercept weapons originating in basis, if the President— findings: other countries in the region and smuggled (1) determines that such waiver is nec- (1) During the January 2009 operations con- into Gaza through Egypt. essary for the national security interests of ducted by the Government of Israel in Gaza, the United States; and a United Nations building in Gaza suffered SA 631. Mr. KYL submitted an (2) submits an unclassified report to Con- damage. amendment intended to be proposed by gress, with a classified annex if necessary, (2) According to a February 10, 2009, state- him to the bill H.R. 1105, making omni- that describes the reasons such waiver is ment from United Nations Secretary-General bus appropriations for the fiscal year necessary. Ban-Ki Moon, the United Nations has dis- ending September 30, 2009, and for patched a team to Gaza to investigate dam- other purposes; which was ordered to SA 635. Mr. THUNE proposed an age done to ‘‘United Nations premises’’. lie on the table; as follows: amendment to the bill H.R. 1105, mak- (3) No similar investigation has been initi- ing omnibus appropriations for the fis- ated by the United Nations Secretariat with On page 942, between lines 14 and 15, insert the following: cal year ending September 30, 2009, and respect to Hamas activities during the Gaza for other purposes; as follows: operations. GAZA RECONSTRUCTION On page 458, after line 25, insert the fol- (b) Of the amount appropriated or other- SEC. 7093. None of the funds appropriated lowing: wise made available by title I under the or otherwise made available by this Act may heading ‘‘CONTRIBUTIONS TO INTERNATIONAL be made available to aid reconstruction ef- EMERGENCY FUND FOR INDIAN SAFETY AND ORGANIZATIONS’’ and available for contribu- forts in Gaza until the Secretary of State HEALTH tions to the United Nations, $382,350,000 may certifies that none of such funds will be di- For deposit in the Emergency Fund for In- not be made available until the Secretary of verted to Hamas or entities controlled by dian Safety and Health established by sub- State certifies that— Hamas. section (a) of section 601 of the Tom Lantos (1) the United Nations has dispatched a and Henry J. Hyde United States Global team to Gaza to investigate attacks on the SA 632. Mr. KYL submitted an Leadership Against HIV/AIDS, Tuberculosis, people and territory of Israel since Israel amendment intended to be proposed by and Malaria Reauthorization Act of 2008 (25 completed its unilateral withdrawal from him to the bill H.R. 1105, making omni- U.S.C. 443c), for use by the Attorney General, Gaza; and bus appropriations for the fiscal year the Secretary of Health and Human Services, (2) the United Nations investigation of ending September 30, 2009, and for and the Secretary of the Interior in accord- damage done to United Nations premises in ance with that section, $400,000,000, to be de- Gaza includes an inquiry into allegations other purposes; which was ordered to rived by transfer of an equal percentage from that Hamas was using territory near such lie on the table; as follows: each other program and project for which premises to take actions hostile to the On page 106, between lines 11 and 12, insert funds are made available by this Act. Israeli Defense Forces or the people or terri- the following: tory of Israel. SEC. 112. ADDITIONAL AMOUNT FOR BUREAU OF SA 636. Mr. VITTER proposed an INDUSTRY AND SECURITY. amendment intended to be proposed by SA 628. Mr. GRASSLEY submitted an (a) IN GENERAL.—The amount appropriated him to the bill H.R. 1105, making omni- amendment intended to be proposed by or otherwise made available by this title for bus appropriations for the fiscal year him to the bill H.R. 1105, making omni- the Department of Commerce under the ending September 30, 2009, and for heading ‘‘OPERATIONS AND ADMINISTRATION’’ bus appropriations for the fiscal year under the heading ‘‘BUREAU OF INDUSTRY AND other purposes; which was ordered to ending September 30, 2009, and for SECURITY’’ is hereby increased by $23,800,000. lie on the table; as follows: other purposes; which was ordered to (b) OFFSET.—The amount appropriated or On page 83, after line 24, insert the fol- lie on the table; as follows: otherwise made available by this title for the lowing:

VerDate Nov 24 2008 03:31 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.051 S03MRPT1 wwoods2 on PRODPC68 with SENATE March 3, 2009 CONGRESSIONAL RECORD — SENATE S2721 SEC. 740. None of the funds appropriated in The PRESIDING OFFICER. Without record of the United States to the United this Act may be used to prevent an indi- objection, it is so ordered. States courthouse referred to in subsection vidual not in the business of importing a pre- (a) shall be deemed to be a reference to the COMMITTEE ON ENERGY AND NATURAL scription drug (within the meaning of sec- ‘‘Stanley J. Roszkowski United States RESOURCES tion 801(g) of the Federal Food, Drug, and Courthouse’’. Cosmetic Act (21 U.S.C. 381(g)) from import- Mr. INOUYE. Mr. President, I would f ing a prescription drug from Canada that like to ask unanimous consent that the complies with sections 501, 502, and 505 of the Committee on Energy and Natural Re- ORDERS FOR WEDNESDAY, MARCH Federal Food, Drug, and Cosmetic Act (21 sources be authorized to meet during 4, 2009 U.S.C. 351, 352, and 355) and is not— the session of the Senate on Tuesday, (1) a controlled substance, as defined in Mr. REID. Madam President, I ask March 3, 2009, at 10 a.m., in room SD– unanimous consent that when the Sen- section 102 of the Controlled Substances Act 106 of the Dirksen Senate Office Build- (21 U.S.C. 802); or ate completes its business today, it ad- (2) a biological product, as defined in sec- ing. journ until 9:30 a.m. tomorrow, tion 351 of the Public Health Service Act (42 The PRESIDING OFFICER. Without Wednesday, March 4; that following the U.S.C. 262). objection, it is so ordered. prayer and the pledge, the Journal of COMMITTEE ON FOREIGN RELATIONS proceedings be approved to date, the SA 637. Mr. BARRASSO (for himself Mr. INOUYE. Mr. President, I ask and Mr. ENZI) submitted an amend- morning hour be deemed expired, the unanimous consent that the Com- time for the two leaders be reserved for ment intended to be proposed by him mittee on Foreign Relations be author- to the bill H.R. 1105, making omnibus their use later in the day, and the Sen- ized to meet during the session of the ate resume consideration of H.R. 1150, appropriations for the fiscal year end- Senate on Tuesday, March 3, 2009, at 10 ing September 30, 2009, and for other the Omnibus appropriations bill; fur- a.m., to hold a hearing entitled ‘‘Ira- ther that the Senate recess at 10:40 purposes; which was ordered to lie on nian Political and Nuclear Realities the table; as follows: a.m. until 12 noon for the joint meeting and U.S. Policy Options.’’ of Congress. On page 426, lines 18 through 22, strike ‘‘to The PRESIDING OFFICER. Without be reduced’’ and all that follows through The PRESIDING OFFICER. Without ‘‘each new application,’’. objection, it is so ordered. objection, it is so ordered. SELECT COMMITTEE ON INTELLIGENCE f SA 638. Mr. CRAPO (for himself, Mr. Mr. INOUYE. Mr. President, I ask VITTER, and Mr. CORKER) submitted an unanimous consent that the Select PROGRAM amendment intended to be proposed by Committee on Intelligence be author- Mr. REID. Madam President, at 11 him to the bill H.R. 1105, making omni- ized to meet during the session of the a.m. tomorrow, as I announced, there bus appropriations for the fiscal year Senate on March 3, 2009 at 2:30 p.m. will be a joint meeting of Congress ending September 30, 2009, and for The PRESIDING OFFICER. Without with British Prime Minister Gordon other purposes; which was ordered to objection, it is so ordered. Brown. Senators attending the joint lie on the table; as follows: f meeting should gather in the Chamber Strike section 626 of title VI, of Division D. at 10:30 a.m. to proceed as a body to the DESIGNATING THE ‘‘STANLEY J. Hall of the House of Representatives. SA 639. Mr. UDALL of New Mexico ROSZKOWSKI UNITED STATES Due to the joint meeting and other submitted an amendment intended to COURTHOUSE’’ be proposed by him to the bill H.R. Member meetings, Senators should ex- 1105, making omnibus appropriations Mr. REID. Madam President, I ask pect votes early tomorrow afternoon. for the fiscal year ending September 30, unanimous consent to proceed to S. We are not going to be able to get any 2009, and for other purposes; which was 520. votes out of the way in the morning be- ordered to lie on the table; as follows: The PRESIDING OFFICER. The cause we come in at 9:30 and leave at clerk will report the bill by title. 10:30. On page 720, between lines 5 and 6, insert the following: The assistant legislative clerk read f SEC. 1103. PROHIBITION ON USE OF COAL FOR as follows: CAPITOL POWER PLANT. A bill (S. 520), to designate the United ADJOURNMENT UNTIL 9:30 A.M. (a) IN GENERAL.—The Architect of the Cap- States courthouse under construction at 327 TOMORROW itol shall ensure that any electricity gen- South Church Street, Rockford, Illinois, as Mr. REID. Madam President, if there erated by or otherwise used by the Capitol the ‘‘Stanley J. Roszkowski United States is no further business to come before Power Plant is not derived from coal. Courthouse.’’ the Senate, I ask unanimous consent (b) EFFECTIVE DATE.—This section shall There being no objection, the Senate take effect on October 1, 2009, and apply to that it stand adjourned under the pre- fiscal year 2010 and each fiscal year there- proceeded to consider the bill. vious order. after. Mr. REID. Madam President, I ask There being no objection, the Senate, unanimous consent that the bill be f at 7:24 p.m., adjourned until Wednes- read three times and passed, the mo- day, March 4, 2009, at 9:30 a.m. AUTHORITY FOR COMMITTEES TO tion to reconsider be laid upon the MEET table, with no intervening action or de- f COMMITTEE ON ARMED SERVICES bate, and any statements relating to NOMINATIONS Mr. INOUYE. Mr. President, I ask this matter be printed in the RECORD. Executive nominations received by unanimous consent that the Com- The PRESIDING OFFICER. Without the Senate: mittee on Armed Services be author- objection, it is so ordered. DEPARTMENT OF LABOR ized to meet during the session of the The bill was ordered to be engrossed SETH DAVID HARRIS, OF NEW JERSEY, TO BE DEPUTY Senate on Tuesday, March 3, 2009, at for a third reading, was read the third SECRETARY OF LABOR, VICE HOWARD RADZELY, RE- 9:30 a.m. time, and passed, as follows: SIGNED. The PRESIDING OFFICER. Without S. 520 IN THE AIR FORCE objection, it is so ordered. Be it enacted by the Senate and House of Rep- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COMMITTEE ON BANKING, HOUSING, AND URBAN resentatives of the United States of America in IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- CATED UNDER TITLE 10, U.S.C., SECTION 12203: AFFAIRS Congress assembled, To be brigadier general Mr. INOUYE. Mr. President, I ask SECTION 1. STANLEY J. ROSZKOWSKI UNITED unanimous consent that the Com- STATES COURTHOUSE. COL. DEBRA A. SCULLARY mittee on Banking, Housing, and (a) DESIGNATION.—The United States court- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT house under construction, as of the date of IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- Urban Affairs be authorized to meet CATED UNDER TITLE 10, U.S.C., SECTION 12203: during the session of the Senate on enactment of this Act, at 327 South Church Street, Rockford, Illinois, shall be known To be major general March 3, 2009 at 10 a.m., to conduct a and designated as the ‘‘Stanley J. BRIGADIER GENERAL ROGER A. BINDER hearing entitled ‘‘Consumer Protec- Roszkowski United States Courthouse’’. BRIGADIER GENERAL DAVID L. COMMONS tions in Financial Services: Past Prob- BRIGADIER GENERAL ANITA R. GALLENTINE (b) REFERENCES.—Any reference in a law, BRIGADIER GENERAL CARL M. SKINNER lems, Future Solutions. map, regulation, document, paper, or other BRIGADIER GENERAL HOWARD N. THOMPSON

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BRIGADIER GENERAL PAUL M. VAN SICKLE COLONEL ROBERT K. MILLMANN, JR. COL. FRANS J. COETZEE COLONEL JAMES J. MUSCATELL, JR. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COLONEL DENNIS P. PLOYER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- COLONEL KEVIN E. POTTINGER IN THE UNITED STATES MARINE CORPS TO THE GRADE CATED UNDER TITLE 10, U.S.C., SECTION 12203: COLONEL DEREK P. RYDHOLM INDICATED UNDER TITLE 10, U.S.C., SECTION 624: To be brigadier general COLONEL GEORGE F. WILLIAMS To be major general COLONEL WILLIAM B. BINGER IN THE MARINE CORPS BRIGADIER GENERAL GEORGE J. ALLEN COLONEL CATHERINE A. CHILTON BRIGADIER GENERAL RAYMOND C. FOX THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COLONEL JAMES A. FIRTH BRIGADIER GENERAL CHARLES M. GURGANUS IN THE UNITED STATES MARINE CORPS RESERVE TO THE COLONEL ROBERT M. HAIRE BRIGADIER GENERAL DAVID R. HEINZ GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: COLONEL STAYCE D. HARRIS BRIGADIER GENERAL STEVEN A. HUMMER COLONEL THOMAS P. HARWOOD III To be brigadier general BRIGADIER GENERAL DAVID G. REIST COLONEL MARYANNE MILLER BRIGADIER GENERAL JOHN A. TOOLAN, JR. COLONEL PAMELA K. MILLIGAN COL. PAUL W. BRIER BRIGADIER GENERAL JOHN E. WISSLER

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EARMARK DECLARATION Legal Name of Requesting Entity: USACE Legal Name of Requesting Entity: Charles- Charleston District ton Area Regional Transportation Authority HON. HENRY E. BROWN, JR. Address of Requesting Entity: 69A Hagood (CARTA) Avenue, Charleston, SC 29403-5107 Address of Requesting Entity: 36 John OF SOUTH CAROLINA Description of Request: Conduct authorized Street, Charleston, SC 29403 IN THE HOUSE OF REPRESENTATIVES maintenance activities at Georgetown Harbor, Description of Request: CARTA is currently Tuesday, March 3, 2009 Georgetown, SC. constructing a new Intermodal transportation Mr. BROWN of South Carolina. Madam Requesting Member: HENRY E. BROWN, Jr. center for the entire Charleston region. This Speaker, pursuant to the Republican Leader- Bill Number: H.R. 1105 center, located near an exit with Interstate 26, ship standards on earmarks, I am submitting Account: Department of the Interior, Na- will provide AMTRAK with a new passenger the following information regarding earmarks I tional Park Service, Historic Preservation terminal, serve as a hub for local bus service, received as part of H.R. 1105, the Omnibus Fund, Save America’s Treasures and provide easy access to the nearby Appropriations Act 2009: Legal Name of Requesting Entity: George- Charleston International Airport. Additionally, town Old Market/Rice Museum Requesting Member: HENRY E. BROWN, Jr. this project will be the first-ever Transit Ori- Address of Requesting Entity: 633 Front Bill Number: H.R. 1105 ented Development project in the Charleston- Account: Department of Justice, Office of Street, Georgetown, SC 29442 region, with plans to construct mix-use office Description of Request: The Old Market Justice Programs, Juvenile Justice and residential space on the property. Building in downtown Georgetown, SC will un- Legal Name of Requesting Entity: Darkness Requesting Member: HENRY E. BROWN, Jr. dergo extensive renovation and repair to main- to Light Bill Number: H.R. 1105 tain its structural integrity. On the National His- Address of Requesting Entity: 7 Radcliffe Account: Department of Transportation, toric Register, it is the most visited and photo- Street, Suite 200, Charleston, SC 29403 Federal Highway Administration, Transpor- graphed site in Georgetown and the center of Description of Request: Darkness to Light tation, Community, and System Preservation tourism traffic. Dating to 1853, it must undergo (D2L), a national nonprofit organization Legal Name of Requesting Entity: Horry extensive renovation and repair to maintain its headquartered in Charleston, SC. D2L is con- County structural integrity. tinuing its effort to increase utilization of its Address of Requesting Entity: 1301 Second Requesting Member: HENRY E. BROWN, Jr. ‘‘Stewards of Children’’ adult prevention train- Avenue, Conway, SC 29526 Bill Number: H.R. 1105 Description of Request: The South Carolina ing program to increase help adults recognize, Account: Department of Education, Funding Department of Transportation (SCDOT) is cur- react, and respond to child sexual abuse. With for the Improvement of Post Secondary Edu- rently working through the environmental proc- the help of past federal support, D2L has cation ess with local stakeholders to identify options trained over 1,000 facilitators in 44 states, af- Legal Name of Requesting Entity: The Col- for improving mobility in the South Strand and fecting millions of children. These dollars will lege of Charleston Waccamaw Neck area of Horry and George- be matched one-to-one by D2L. Address of Requesting Entity: 66 George town Counties. This is especially important as Requesting Member: HENRY E. BROWN, Jr. St., Charleston, SC 29424 the area sees some 14 million tourists annu- Bill Number: H.R. 1105 Description of Request: The College of Account: Army Corps of Engineers, Con- ally during the height of hurricane season. Charleston’s School of Science and Mathe- Funding will allow SCDOT to work on com- struction General matics, in partnership with several state, re- Legal Name of Requesting Entity: USACE pleting the project’s final EIS. gional, and federal agencies is developing a Requesting Member: HENRY E. BROWN, Jr. Charleston District new Lowcountry Hazards Center to act as a Bill Number: H.R. 1105 Address of Requesting Entity: 69A Hagood nexus for natural and social scientists working Account: Department of Transportation, Avenue, Charleston, SC 29403-5107 collaboratively to formulate the most effective Federal Highway Administration, Transpor- Description of Request: Conduct construc- means to evaluate natural hazard risks and to tation, Community, and System Preservation tion activities related to the authorized develop mitigation strategies. The funds would Legal Name of Requesting Entity: Town of dredged material disposal area at Charleston support the purchase of equipment needed to Mount Pleasant Harbor, Charleston, SC. educate students, policymakers, and the com- Address of Requesting Entity: 100 Ann Ed- Requesting Member: HENRY E. BROWN, Jr. munity; to strengthen research efforts; support wards Lane, Mount Pleasant, SC 29464 Bill Number: H.R. 1105 interdisciplinary research; and to help make Description of Request: The Town of Mt. Account: Army Corps of Engineers, Oper- the Lowcountry a more disaster-resilient com- Pleasant, in coordination with state and fed- ations and Maintenance munity. eral agencies, is conducting a much needed Legal Name of Requesting Entity: USACE Requesting Member: HENRY E. BROWN, Jr. widening of US 17 north of the Cooper River Charleston District Bill Number: H.R. 1105 Bridge. Not only will this project improve traffic Address of Requesting Entity: 69A Hagood Account: Department of Health and Human flow for commuters going in and out of Avenue, Charleston, SC 29403-5107 Services, HRSA, Health Facilities Charleston, but it will also assist local resi- Description of Request: Conduct authorized Legal Name of Requesting Entity: Medical dents as they move along the main street of maintenance activities on the Atlantic Intra- University of South Carolina—Children’s Hos- the rapidly growing Mt. Pleasant community. coastal Waterway in South Carolina. pital This project is included the state transportation Requesting Member: HENRY E. BROWN, Jr. Address of Requesting Entity: 169 Ashley plan and is eligible for funding under the Bill Number: H.R. 1105 Avenue, Charleston, SC 29425 Transportation & Community & System Pres- Account: Army Corps of Engineers, Oper- Description of Request: The Medical Univer- ervation discretionary account ations and Maintenance sity of South Carolina (MUSC) Children’s Hos- Requesting Member: HENRY E. BROWN, Jr. Legal Name of Requesting Entity: USACE pital is South Carolina’s largest and most com- Bill Number: H.R. 1105 Charleston District prehensive pediatric healthcare center. MUSC Account: Department of Housing and Urban Address of Requesting Entity: 69A Hagood Children’s Hospital’s Pediatric Intensive Care Development, Economic Development Initia- Avenue, Charleston, SC 29403-5107 Unit, the only one in the region, is staffed ex- tives Description of Request: Conduct authorized clusively by trained pediatric critical care phy- Legal Name of Requesting Entity: South maintenance activities at Charleston Harbor, sicians and nurses. Funding will purchase of Carolina Maritime Foundation Charleston, SC. pediatric cardiology lab equipment. Address of Requesting Entity: P.O. Box Requesting Member: HENRY E. BROWN, Jr. Requesting Member: HENRY E. BROWN, Jr. 22405, Charleston, SC 29413 Bill Number: H.R. 1105 Bill Number: H.R. 1105 Description of Request: The South Carolina Account: Army Corps of Engineers, Oper- Account: Department of Transportation, Maritime Foundation’s mission is to offer effec- ations and Maintenance FTA, Bus and Bus Facilities tive, unique educational opportunities aboard

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

VerDate Nov 24 2008 04:02 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K03MR8.001 E03MRPT1 rfrederick on PROD1PC67 with REMARKS E520 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 2009 the Spirit of South Carolina tall ship for the statewide gender-responsive prevention pro- This project will serve the Port of Jackson- students of South Carolina focusing on the gram in the country. ville, DOD facilities based at the Port of Jack- history, math, science and literature of South The funding would be used for to conduct sonville, and all of Duval County. The Jack- Carolina’s water resources and encouraging an external evaluation of the PACE Center for sonville Sheriff’s Office responds to Atmos- personal responsibility, contribution to commu- Girl’s prevention program delivery model so pheric Emergency situations for both commer- nity and stewardship of environment. Funds that it can be replicated nationally and to train cial and military facilities at the port of Jack- will be used to complete construction and staff on implementation at all 18 PACE Center sonville. Federal assets at the Port of Jack- make equipment purchases related to the locations across Florida. sonville do not have the capabilities for atmos- Spirit of South Carolina’s education and lead- Pace Center for Girls will match $100,000 of pheric detection that this project will provide. ership development programs for troubled state funds from the Dept. of Juvenile Justice The Jacksonville Police Department is con- youth. and $100,000 is contributed to the program tributing $551,374 over a four year period for f through PACE Center for Girls funds. officer training and administrative costs related Requesting Member: Congressman ANDER to this project. EARMARK DECLARATION CRENSHAW Requesting Member: Congressman ANDER Bill Number: H.R. 1105—Omnibus Appro- CRENSHAW HON. ANDER CRENSHAW priations Act of 2009 Bill Number: H.R. 1105—Omnibus Appro- OF FLORIDA Account: Office of Justice Programs—Byrne priations Act of 2009 IN THE HOUSE OF REPRESENTATIVES Discretionary Grants Account: COPS Law Enforcement Tech- Legal Name of Receiving Entity: Jackson- nology Tuesday, March 3, 2009 ville Sheriff’s Office Legal Name of Receiving Entity: Union Mr. CRENSHAW. Madam Speaker, I rise Address of Receiving Entity: 117 W. Duval County Sheriff today to submit documentation consistent with St., #400 Jacksonville, Florida 32202 Address of Receiving Entity: 55 W Main St the new Republican Earmark Standards. Description of Request: I have secured Courthouse, #102, Lake Butler, FL 32054 Requesting Member: Congressman ANDER $1,200,000 in funding in H.R. 1105 in the Of- Description of Request: I have secured CRENSHAW fice of Justice Programs—Byrne Discretionary $450,000 in funding in H.R. 1105 in the COPS Bill Number: H.R. 1105, Omnibus Appropria- Grants under the Department of Justice for the Law Enforcement Technology Account under tions Act of 2009 Jacksonville Journey Anti-Violence Initiative. the Department of Justice for the Visual Intel- Account: Cooperative State Research Edu- Jacksonville has been the ‘‘murder capital’’ ligence Tool for Union County Sheriff. cation and Extension Service, Special Re- of Florida for eight years running, and 14 of The Counties of North Florida will greatly search Grant (SRG) the last 19 years, with the per capita homicide benefit from the availability of this Law En- Legal Name of Receiving Entity: University rate spiking at an alarming rate since 2001. forcement Visual Intelligence Tool. It will allow of Florida—Institute of Foods and Agriculture More than 10% of the murders in Florida them to manage natural disasters, crime Sciences (UF–IFAS) occur in Duval County, even though it rep- scenes, and emergencies. Within seconds, a Address of Receiving Entity: 700 Experi- resents about 5% of the state population. law enforcement officer will be able to view ment Station Red, Lake Alfred, Florida 33850 Federal funding will help implement the and analyze any house, building, intersection, Description of Request: I have secured Jacksonville Journey Anti-Violence Initiative, a fire hydrant, tree or any feature in the county $1,217,000 in funding in H.R. 1105 in the comprehensive approach to reduce Duval from their laptop, workstation, or mobile de- SRG account for Citrus Canker and Greening County’s exceptionally high level of murder vice. research. and violence through integrated enforcement, The Union County Sheriff will administer the This funding will be used for research by intervention, and prevention activities. Ele- program for the following eight North Florida UF-IFAS to improve technologies for treatment ments of the strategy include intensified com- counties: Union, Baker, Nassau, Columbia, and detection, methods of movement and con- munity policing and technologies targeting vio- Hamilton, Madison, Jefferson and Leon. No matching funds necessary. tainment, and means to control and eliminate lence ‘‘hot spots,’’ illegal gun abatement Requesting Member: Congressman ANDER citrus canker and citrus greening. through gun bounties, heightened enforce- The benefit of this project is the manage- CRENSHAW ment, and jurisdictional information-sharing. Bill Number: H.R. 1105—Omnibus Appro- ment of citrus canker and greening to mini- At-risk youth interventions and positive youth priations Act of 2009 mize mortality and yield loss in a cost effective development programs will provide after- Account: Office of Justice Programs: Juve- manner. This research is imperative to Florida school havens, employment, and chronic tru- nile Justice citrus and all U.S. citrus production. ancy reduction will also be a focus of the Legal Name of Receiving Entity: Youth Cri- The University of Florida—Institute of Foods Jacksonville Journey program. sis Center, Inc. and Agriculture Sciences/Horticulture Re- The Jacksonville Journey Anti-Violence Ini- Address of Receiving Entity: 3015 Parental search Laboratory, the state of Florida, and tiative is funded by local, state, and private Home Rd Jacksonville, FL 32216 Florida Citrus Mutual have matching funds to- funds at $5,200,000. Description of Request: I have secured taling $13 million for this project. Requesting Member: Congressman ANDER $200,000 in funding in H.R. 1105 in the OJP- Requesting Member: Congressman ANDER CRENSHAW Juvenile Justice Program, under the Depart- CRENSHAW Bill Number: H.R. 1105—Omnibus Appro- ment of Justice for the New Life Village. Bill Number: H.R. 1105—Omnibus Appro- priations Act of 2009 New Life Village is an Independent Living priations Act of 2009 Account: COPS Law Enforcement Tech- and Transitional Living complex and program Account: Office of Justice Programs—Juve- nology whose primary function is to prepare dis- nile Justice Legal Name of Receiving Entity: Jackson- advantaged youth for the transition to adult- Legal Name of Receiving Entity: PACE Cen- ville Sheriff hood. Clients coming to New Life Village will ter for Girls, Inc. Address of Receiving Entity: 501 East Bay be youth in foster care, youth referred from ju- Address of Receiving Entity: 1 West Adams Street Jacksonville, Florida 32202 venile justice programs, and youth who are Street Suite 301 Jacksonville, FL 32202 Description of Request: I have secured temporarily or permanently homeless. Description of Request: I have secured $700,000 in funding in H.R. 1105 in the COPS New Life Village will provide these at-risk $100,000 in funding in H.R. 1105 in the OJP- Law Enforcement Technology Account under youths with an intervention program that pro- Juvenile Justice Account, under the Depart- the Department of Justice for Atmospheric De- vides stable housing in a caring environment ment of Justice for the PACE Center for Girls tection Equipment for the Jacksonville Sheriff’s supported by therapeutic services, education/ Inc. Office. career planning, job readiness development The purpose of this gender-responsive as- The Jacksonville Sheriff’s Office is seeking and independent living skills, all with a focus sessment instrument is to predict risk for in- Atmospheric Detection to monitor atmospheric of helping them to successfully transition to volvement or further involvement in the juve- conditions related to: HazMat accidents, emer- adulthood. nile justice system among adolescent girls and gency situations and criminal activity. By pro- The Youth Crisis Center will contribute $1.2 to ensure a treatment model based on assess- viding funding for this project it will enhance million to the project. ment data. This assessment instrument and the Jacksonville Sheriff’s Office detection ca- Requesting Member: Congressman ANDER program model has been called for by the Of- pability and mitigate consequences to HazMat CRENSHAW fice of Juvenile Justice and Delinquency Pre- accidents and crime scenes, increase public Bill Number: H.R. 1105—Omnibus Appro- vention’s Girls Study Group and as the only and officer safety. priations Act of 2009

VerDate Nov 24 2008 04:02 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K03MR8.001 E03MRPT1 rfrederick on PROD1PC67 with REMARKS March 3, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E521 Account: Office of Justice Programs—Byrne project is the Jacksonville Port Authority the cycle of crime. This program also supports Discretionary Grants (JAXPort). small businesses by introducing many new Legal Name of Receiving Entity: Tallahas- Requesting Member: Congressman ANDER workers to the workforce. see Community College CRENSHAW The State of Florida, City of Jacksonville Address of Receiving Entity: 444 Appleyard Bill Number: H.R. 1105—Omnibus Appro- and other private sources will contribute Drive Tallahassee, FL 32304 priations Act of 2009 $2,450,000 to this project. Description of Request: I have secured Account: Operations and Maintenance Requesting Member: Congressman ANDER $100,000 in funding in H.R. 1105 in the OJP Legal Name of Receiving Entity: U.S. Army CRENSHAW Byrne Discretionary Grant Program under the Corps of Engineers, Jacksonville District Bill Number: H.R. 1105—Omnibus Appro- Department of Justice for the Pat Thomas Law Address of Receiving Entity: 701 San Marco priations Act of 2009 Enforcement Academy at Tallahassee Com- Boulevard Jacksonville, FL 32207–8175 Account: STAG Water and Wastewater In- munity College. Description of Request: I have secured frastructure Project After the September 11, 2001 tragic events, $5,650,000 in funding in H.R. 1105 in the Op- Legal Name of Receiving Entity: City of a concerted effort was begun by law enforce- erations and Maintenance Account under the Jacksonville Beach ment agencies to reduce barriers that impede Army Corps of Engineers for the Jacksonville Address of Receiving Entity: 11 North Third intelligence sharing so that future tragedies Harbor. St., Jacksonville Beach, FL 32250 could be prevented. The funding would provide routine mainte- Description of Request: I have secured The National Criminal Intelligence Sharing nance dredging to the federal shipping chan- $500,000 in funding in H.R. 1105 in the STAG Plan (NCISP) was developed as a key tool nel. Water and Wastewater Infrastructure Project that law enforcement agencies can employ to There is not a cost share for routine oper- account under the Environmental Protection support crime-fighting and public safety efforts. ations and maintenance, it is 100% Federally Agency for the City of Jacksonville Beach The NCISP developed minimum criminal intel- funded. Wastewater Treatment Plant Upgrade. ligence training standards for law enforcement Requesting Member: Congressman ANDER This funding will be used for the removal of personnel, and recommended that ‘‘training CRENSHAW nutrients from the City’s wastewater effluent should be provided to all levels of law enforce- Bill Number: H.R. 1105—Omnibus Appro- before it is discharged into the lower St. Johns ment personnel involved in the criminal intel- priations Act of 2009 River, a federally designated impaired river ligence process.’’ Account: Operations and Maintenance segment, with a January 2006 EPA-mandated The Pat Thomas Law Enforcement Acad- Legal Name of Receiving Entity: U.S. Army 5-year cycle Nutrient Total Maximum Daily emy (PTLEA) at Tallahassee Community Col- Corps of Engineers, Jacksonville District Load (TMDL) with requirements for Waste- lege initiated a project to update existing intel- Address of Receiving Entity: 701 San Marco water NPDES Permit holders to reduce nutri- ligence training programs at PTLEA to enable Boulevard Jacksonville, FL 32207–8175 ents significantly to at or near Advanced law enforcement and other criminal justice Description of Request: I have secured Wastewater Treatment (AWT) Standards. agency personnel engaged in the planning, $5,890,000 in funding in H.R. 1105 in the Op- The City of Jacksonville Beach will provide collection, collation, analysis, and dissemina- erations and Maintenance Account under the 45% in required non-Federal matching funds tion of information and criminal intelligence to Army Corps of Engineers for the Intercoastal for the project. meet NCISP standards. Waterway, Jacksonville to Miami, FL. Requesting Member: Congressman ANDER Tallahassee Community College will con- The funding would provide maintenance CRENSHAW tribute $394,000 to the project. dredging for the waterway. Bill Number: H.R. 1105—Omnibus Appro- Requesting Member: Congressman ANDER The Florida Inland Navigation District will priations Act of 2009 CRENSHAW provide $2,500,000 in matching funds. Account: Land Acquisition Bill Number: H.R. 1105—Omnibus Appro- Requesting Member: Congressman ANDER Legal Name of Receiving Entity: United priations Act of 2009 CRENSHAW States Forest Service Account: Investigations Bill Number: H.R. 1105—Omnibus Appro- Address of Receiving Entity: 1400 Inde- Legal Name of Receiving Entity: U.S. Army priations Act of 2009 pendence Ave. SW, Washington, DC 20250 Corps of Engineers, Jacksonville District Account: Electricity Efficiency and Renew- Description of Request: I have secured Address of Receiving Entity: 701 San Marco able Energy $500,000 in funding in H.R. 1105 in the Land Boulevard Jacksonville, FL 32207–8175 Legal Name of Receiving Entity: City of Tal- Acquisition account for the Florida National Description of Request: I have secured lahassee, Florida Forest, Osceola. $167,000 in funding in H.R. 1105 in the Inves- Address of Receiving Entity: 300 S. Adams The purchase of this parcel of land, which is tigations Account under the Army Corps of En- Street Tallahassee, FL 32301 over 1,500 acres, will bridge the gap between gineers for the Mile Point Study. The funding would study possible improve- Description of Request: I have secured and connect the Okefenokee National Wildlife ments to the Mile Point area in the St. John’s $570,900 in funding in H.R. 1105 in the Elec- Refuge and the Osceola National Forest, cre- River where erosion issues severely restrict tricity Efficiency and Renewable Energy Ac- ating one of the largest forested wetland habi- deep draft navigation. This a major safety con- count under the Department of Energy for the tat corridors east of the Mississippi River. cerns for all commercial vessels transiting to City of Tallahassee Innovative Energy Initia- There are no matching funds required for the Jacksonville Port Authority. tives. this project. The study is cost-shared 50% Federal, 50% The City of Tallahassee will provide Requesting Member: Congressman ANDER non-Federal. The non-Federal sponsor for this $2,000,000 in matching funds for this project. CRENSHAW project is the Jacksonville Port Authority Requesting Member: Congressman ANDER Bill Number: H.R. 1105—Omnibus Appro- (JAXPort). CRENSHAW priations Act of 2009 Requesting Member: Congressman ANDER Bill Number: H.R. 1105—Omnibus Appro- Account: Higher Education (including CRENSHAW priations Act of 2009 FIPSE), Department of Education Bill Number: H.R. 1105—Omnibus Appro- Account: Small Business Administration Legal Name of Receiving Entity: The priations Act of 2009 Legal Name of Receiving Entity: Operation Schultz Center for Teaching and Leadership Account: Construction New Hope Address of Receiving Entity: 4019 Boule- Legal Name of Receiving Entity: U.S. Army Address of Receiving Entity: 1830 N. Main vard Center Drive Jacksonville, Florida 32207 Corps of Engineers, Jacksonville District St. Jacksonville, Fl 32206 Description of Request: I have secured Address of Receiving Entity: 701 San Marco Description of Request: I have secured $190,000 in funding in H.R. 1105 in the Higher Boulevard Jacksonville, FL 32207–8175 $500,000 in funding in H.R. 1105 in the Small Education Account within the Department of Description of Request: I have secured Business Administration Account for Operation Education for the Florida ESOL E-Learning $3,349,000 in funding in H.R. 1105 in the New Hope. Network. Construction Account under the Army Corps of Jacksonville, Florida has continued to expe- School districts in Florida duplicate their ef- Engineers for the Jacksonville Harbor. rience one of the nation’s highest murder forts by creating and revising their own ESOL The funding would complete Phase II dredg- rates. Many experts have come to now under- courses and having them approved by the ing of the federal ship channel to the stand that successful re-entry can be one of state. The Florida ESOL E-Learning Network Talleyrand Terminal. the best ways to address violence and crime. will provide an educational interactive network The study is cost-shared 75% Federal, 25% The funding of this program dramatically im- to serve all districts with constant and state- non-Federal. The non-Federal sponsor for this proves public safety by taking people out of approved ESOL courses. By offering the

VerDate Nov 24 2008 04:02 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K03MR8.002 E03MRPT1 rfrederick on PROD1PC67 with REMARKS E522 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 2009 courses online, the Schultz Center will be able The State of Florida and The City of Jack- ment promotes student success and enhances to serve larger numbers of teachers in multiple sonville will provide $650,000 in non-Federal the safety of the patient in the clinical area. school districts within the state. matching funds for the project. This is a one-time purchase of equipment The Schultz Center for Teaching and Lead- Requesting Member: Congressman ANDER and the Federal funds will cover the purchase ership will provide $105,000 in non-Federal CRENSHAW price. matching funds for the project. Bill Number: H.R. 1105—Omnibus Appro- Requesting Member: Congressman ANDER Requesting Member: Congressman ANDER priations Act of 2009 CRENSHAW CRENSHAW Account: Higher Education (including Bill Number: H.R. 1105—Omnibus Appro- Bill Number: H.R. 1105—Omnibus Appro- FIPSE), Department of Education priations Act of 2009 priations Act of 2009 Legal Name of Receiving Entity: Lake City Account: Employment and Training Adminis- Account: Elementary & Secondary Edu- Community College tration (ETA)—Training & Employment Serv- cation (including FIE), Department of Edu- Address of Receiving Entity: 149 SE Col- ices (TES) cation lege Place Lake City, Florida 32025 Legal Name of Receiving Entity: Florida Legal Name of Receiving Entity: City of Description of Request: I have secured Community College, Jacksonville Jacksonville, Florida $95,000 in funding in H.R. 1105 in the Higher Address of Receiving Entity: 501 W. State Address of Receiving Entity: 117 W. Duval Education Account within the Department of Street Jacksonville, Florida 32202 Street Suite 400 Jacksonville, Florida 32202 Education for the Math for College and Career Description of Request: I have secured Description of Request: I have secured Excellence program. $381,000 in funding in H.R. 1105 in the Em- $333,000 in funding in H.R. 1105 in the Ele- More than 70% of the high school graduates ployment and Training Administration (ETA)— mentary & Secondary Education account with- that enroll in Lake City Community College do Training & Employment Services (TES) Ac- in the Department of Education for the Jack- not have the foundational math skills needed count within the Department of Education for sonville Journey alternative education pro- for success in college and the workforce. The a veterans employment and training initiative. gram. Math for College and Career Excellence pro- As an increasing number of our nation’s sol- More than 15% of all middle school and gram will address this critical issue by raising diers, sailors and airmen return to civilian life high school students in Duval County are two academic standards and expectations; institu- from service in combat zones, they face the or more years behind grade level. ‘‘Overage’’ tionalizing collaboration between high school sometimes enormous challenge of reestab- is a prime indicator for truancy, behavioral and college faculty; incorporating ‘‘real world’’ lishing their family life and re-entering the problems, and likelihood of coming into con- applications from careers that depend on math workforce. Many have no substantial civilian tact with the juvenile justice system. As part of skills; and, ensuring high school graduation work experience and struggle to translate their its Jacksonville Journey initiative aimed at pre- standards predict success in both college and military experience to the demands of civilian venting and reducing crime, the City of Jack- career. employers. The U.S. Bureau of Labor Statis- sonville is partnering with the Duval County Program research outcomes will enable tics reports that nearly fifteen percent—that’s Public Schools to expand a program that pro- stakeholders to align curricula, assessment three times the national average—of veterans vides alternative education opportunities for tools, and definitions of college- and career- aged 20–24 are jobless. The Veterans Center overage and academically-challenged stu- readiness, ensuring that students exit high for Career Re-Entry will provide the skills as- dents. The Alternative Learning Centers pro- school ready for success. Building on strong sessment, agency referrals, case manage- gram is currently established in 16 com- academic partnerships and competitively ment, education and employment counseling prehensive high schools located throughout awarded grant funding, the Math for College that veterans in northeast Florida need to suc- the district. The program is designed to elimi- and Career Excellence program will transform cessfully re-enter the workforce. nate the achievement gap faced by these local math education, support statewide en- The state of Florida will provide $80,000 in struggling youth and provide them with the hancement initiatives, and produce a qualified matching funds for this program. skills and knowledge necessary to move on to workforce for 21st century careers. Requesting Member: Congressman ANDER higher education or employment. Lake City Community College will provide CRENSHAW The City of Jacksonville will provide $267,000 in non-Federal matching funds for Bill Number: H.R. 1105—Omnibus Appro- $400,000 in non-Federal matching funds for the project. priations Act of 2009 the project. Requesting Member: Congressman ANDER Account: Federal Lands (Public Lands High- Requesting Member: Congressman ANDER CRENSHAW ways) CRENSHAW Bill Number: H.R. 1105—Omnibus Appro- Legal Name of Receiving Entity: United Bill Number: H.R. 1105—Omnibus Appro- priations Act of 2009 States Department of Transportation priations Act of 2009 Account: Higher Education (including Address of Receiving Entity: 1200 New Jer- Account: Elementary & Secondary Edu- FIPSE), Department of Education sey Ave SE, Washington, DC 20590 cation (including FIE), Department of Edu- Legal Name of Receiving Entity: North Flor- Description of Request: I have secured cation ida Community College $475,000 in funding in H.R. 1105 in the Fed- Legal Name of Receiving Entity: Duval Address of Receiving Entity: 325 NW Turner eral Lands (Public Lands Highways) account County Public Schools Davis Drive Madison, FL 32340 for construction of a paved, two-way road and Address of Receiving Entity: 1701 Pruden- Description of Request: I have secured bridge connection from State Road A1A to tial Drive Jacksonville, Florida 32207 $143,000 in funding in H.R. 1105 in the Higher Fort George Island. Description of Request: I have secured Education Account within the Department of Funding is requested to construct access $285,000 in funding in H.R. 1105 in the Ele- Education for the purchase of equipment for road improvements on Ft. George Island. As mentary & Secondary Education account with- North Florida Community College. part of recommendations from a federally- in the Department of Education for the Instruc- Specifically, this funding will provide two sponsored FY2006 study, improvements are tional Technology Initiative including for the Human Patient Simulators, which are essential needed to alleviate roadway hazards and cre- purchase of equipment. to teaching methodology for nursing, emer- ate a safe, efficient flow for traffic—while pre- The Instructional Technology Initiative would gency medical technicians, paramedics, and serving the unique character of the Island. provide an innovative and effective method for other allied health students enrolled at North Specifically, funds will construct a paved, 2- engaging students who are falling behind in Florida Community College. With limited clin- way road and bridge connection from State their oral language and reading skills. Inter- ics and hospitals, using the human patient Route A1A across Batten Island to Ft. George vention products use software founded on simulator offers students critical ‘‘hands on’’ Island. Construction will also include a new adaptive technology that matches the partici- experience. Additional equipment, such as intersection at Palmetto and Ft. George pant’s incoming skill level and developmental dopplers, scanners, computerized charting Roads, a park security gate, and a 2-way, progress through training exercises. These ex- systems and simulated barcode medication paved connector road to handle traffic gen- ercises are continuously calibrated and ad- administration programs, ensures that the sim- erated by visitors accessing the primary park justed to the student’s changing skill levels to ulation experience is as close to the present area. ensure that they are constantly challenged. technology utilized in modern health care fa- The Ft. George Island access road is a Along with Duval County Public Schools, the cilities. Providing students with the opportunity long-term solution for controlling traffic to the Instructional Technology Initiative will ensure to learn and then practice patient care, com- island and the State national parks. A new that these students will not be denied the edu- puterized documentation and medication ad- intersection at Palmetto and Ft. George Roads cation they deserve. ministration systems in a simulated environ- would separate automobile traffic from the

VerDate Nov 24 2008 04:02 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\K03MR8.002 E03MRPT1 rfrederick on PROD1PC67 with REMARKS March 3, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E523 tabby ruins located immediately to the west of The State/Local share of this project is 20%; Description of Request: I have secured the existing Ft. George Road entrance to the the Florida Department of Transportation $1,280,000 in funding in H.R. 1105 in the island. This routing also would remove traffic along with the Jacksonville Aviation Authority Capital Investment Grants account for JTA from one of the most hazardous sections of is in possession of the required matching BRT System, Jacksonville, FL. Ft. George Road. In addition, the security gate funds for the project and is committed to their This funding will provide for design of por- would be incorporated into the design to con- financial obligation for completion of the tions of an approved BRT corridor including trol access to the island after park hours to project. bus lanes, critical right-of-way, signal priority, address security concerns of local residents Requesting Member: Congressman ANDER transit stations, access connections, and com- and enhance protection of the island. CRENSHAW munications. Local funds of $100 million are The State/Local share is 20%; total funds Bill Number: H.R. 1105—Omnibus Appro- available for right of way matching. The RTS available for matching are $500,000. priations Act of 2009 project includes dedicated bus lanes, rapid Requesting Member: Congressman ANDER Account: Airport Improvements Program transit stations, signal priority and intermodal CRENSHAW Legal Name of Receiving Entity: Jackson- connections. The project is scheduled to be Bill Number: H.R. 1105—Omnibus Appro- ville Aviation Authority operational by mid–2011. The Locally Pre- priations Act of 2009 Address of Receiving Entity: 14201 Pecan ferred Alternative (LPA) was selected in 2006. Account: Surface Transportation Priorities Park Road, Jacksonville, FL 32218 The total program cost for building the com- Legal Name of Receiving Entity: Florida De- Description of Request: I have secured plete JTA BRT system, with multiple corridors, partment of Transportation $722,000 in funding in H.R. 1105 in the Airport is estimated to be $395 million with local fund- Address of Receiving Entity: 605 Suwannee Improvements Program account for the Cecil ing of $197 million. Currently, with $12.5 mil- Street Tallahassee, Florida 32399 Field, Northeast Apron and Taxiways, FL. lion in local funding, the JTA is completing Al- Description of Request: I have secured The project is both AIP and MAP (Military ternative Analysis and EA on this Bus Rapid $190,000 in funding in H.R. 1105 in the Sur- Airport Program) eligible. The project will open Transit based system which is part of the face Transportation Priorities account for new areas of the airport east of the existing MPO Long Range Transportation Plan, Cost Heckscher Drive Widening and Bridge Re- runway for new economic development and Feasible Plan. placement. job creation. JAA has currently redeveloped all Requesting Member: Congressman ANDER This project is part of a roadway improve- existing facilities the JAA received from the CRENSHAW ment and installation of new waterway bridge U.S. Navy when the base was closed under Bill Number: H.R. 1105—Omnibus Appro- structures to improve capacity and safety for BRAC. priations Act of 2009 this major arterial. This road will connect major The project consists of the 2000 foot parallel Account: Ferry Boats and Terminal Facilities sea ports (commercial and passenger) to I-95, Taxiway Echo east of existing Runway 18L/ Legal Name of Receiving Entity: Jackson- I-295 and commercial/industrial developments 36R and the 500 foot Taxiway A-1 connector, ville Port Authority and is an evacuation route for Duval and Nas- along with the 120,000 square foot apron. Address of Receiving Entity: 2831 sau Counties. The Jacksonville Aviation Authority is in Talleyrand Avenue, Jacksonville, FL 32206 It will also serve a major new international possession of the required matching funds for Description of Request: I have secured container shipping seaport, which will begin the project and is committed to their financial $712,500 in funding in H.R. 1105 in the Ferry operations in late 2008 and another major obligation for completion of the project. Boats and Terminal Facilities account for the international container shipping seaport, which Requesting Member: Congressman ANDER Mayport Ferry Ramp and Dock Rehabilitation is scheduled to begin operations in 2011. CRENSHAW Jacksonville, FL. Bill Number: H.R. 1105—Omnibus Appro- These two new container ports will more The Mayport Ferry, which has been in con- priations Act of 2009 than double trips along Heckscher Drive from tinuous operation since 1948 and is a part of Account: Buses and Bus Facilities 11,000 vehicles per day in 2007 to 26,000 ve- Legal Name of Receiving Entity: Jackson- State Road A1A, requires significant repairs hicles per day in 2030, while bringing as esti- ville Transportation Authority and maintenance. The Jacksonville Port Au- mated additional 12,000 jobs to the Northeast Address of Receiving Entity: 100 North Myr- thority has acquired the ferry system from the Florida area. tle Avenue Jacksonville, FL 32204 City of Jacksonville and is the responsible All other funds for constructing this facility Description of Request: I have secured party for all regular operation and mainte- are currently available from local and state $475,000 in funding in H.R. 1105 in the Buses nance and repairs. Specifically, funding would sources. The State/Local share is 20% of the and Bus Facilities account for Design, Acquisi- be used to rehabilitate the present ferry dock total project cost. The Jacksonville Transpor- tion of ROW, and Construction of the Regional ramp on both sides of the St. Johns River. tation Authority is in possession of the re- Intermodal Terminal Center, Jacksonville, FL. The Mayport Ferry connects the Timucuan Ec- quired matching funds and is committed to The Florida Department of Transportation ological and Historic Preserve and the their financial obligation in order to complete and Jacksonville Transportation Authority are Mayport Village. the project. funding the preliminary design of a full re- The State/Local share is 20%; the Jackson- Requesting Member: Congressman ANDER gional multi-modal transportation center near ville Port Authority is in possession of the re- CRENSHAW Downtown Jacksonville. quired matching funds and is committed to Bill Number: H.R. 1105—Omnibus Appro- This facility will serve rail, bus, rapid transit their financial obligation in order to complete priations Act of 2009 the existing Skyway system, intercity bus, the project. Account: Surface Transportation Priorities parking, pedestrian, parking, and bike modes. Requesting Member: Congressman ANDER Legal Name of Receiving Entity: Jackson- The configuration is being designed to pro- CRENSHAW ville Aviation Authority mote Transit Oriented Development in support Bill Number: H.R. 1105—Omnibus Appro- Address of Receiving Entity: 14201 Pecan of the City’s Master Plan. Funding is re- priations Act of 2009 Park Road, Jacksonville, FL 32218 quested to complete design, acquisition of Account: Interstate Maintenance Discre- Description of Request: I have secured property, and construction. Much of the prop- tionary $722,000 in funding in H.R. 1105 in the Sur- erty is already owned by the transportation Legal Name of Receiving Entity: Florida De- face Transportation Priorities account for the agencies. This effort will complete design and partment of Transportation North Access Road at Jacksonville Inter- critical Right-of-way for the second phase and Address of Receiving Entity: 605 Suwannee national Airport. assist in construction activities. Street Tallahassee, Florida 32399 This project links I-295 with the Air Cargo The State/Local share of this project is 20%; Description of Request: I have secured and Passenger Terminals at the Jacksonville total funds available for matching are at least $1,805,000 in funding in H.R. 1105 in the International Airport (JIA). The proposed $3.8 million. Interstate Maintenance Discretionary account project will complete the linkage for truck traf- Requesting Member: Congressman ANDER for the I-95 Interchange with SR 202 (Butler fic southbound on I-95, allowing this traffic to CRENSHAW Blvd), Jacksonville, FL. enter the Air Cargo Terminal area without con- Bill Number: H.R. 1105—Omnibus Appro- I-95 is one of the nation’s most significant flict with the primary passenger route. Comple- priations Act of 2009 north-south interstates and SR 202, Butler tion of this project will increase Jacksonville Account: Capital Investment Grants Boulevard is a major east-west 6-lane divided International Airport’s capacity and decrease Legal Name of Receiving Entity: Jackson- regional highway serving development and the number of traffic delays. JIA serves the air ville Transportation Authority evacuation. Funding will supplement local transportation needs of northeast Florida and Address of Receiving Entity: 100 North Myr- funds to advance design on the complete Southern Georgia. tle Avenue Jacksonville, FL 32204 intersection. A first phase is being constructed

VerDate Nov 24 2008 04:02 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\K03MR8.002 E03MRPT1 rfrederick on PROD1PC67 with REMARKS E524 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 2009 totally with local funds. Completion of this Nell always stood up to fight for the poor, gent ideas for its resolution. Of the many thou- interchange between Interstate 95 and SR 202 the undeserved, and for the community as a sands of letters, phone calls and e-mails, his is critically needed to reduce traffic congestion whole. She was a forceful voice for Latinos correspondence remains in a prominent place and improve safety and capacity. everywhere, making sure our community and in my office and I look forward to working with The State/Local share is 50% of the total its issues were heard. In addition to believing him on the energy crisis and other pressing project cost; the Jacksonville Transportation in the protection of the environment, Nell was national matters throughout my tenure in Con- Authority is in possession of the required also a fierce advocate for issues related to gress. matching funds and is committed to their fi- education, housing, public safety and transpor- I should have expected as much from a nancial obligation in order to complete the tation. Always prioritizing children and families man who has served his country in the armed project. at the top of her agenda, she helped establish forces, worked his way through college, and f legislation to create safer school routes for had the vision and determination to marry his children and get parents more involved in their remarkable wife Joan. Together they have TRIBUTE TO NELL SOTO children’s education. In addition, Nell was in- raised four accomplished children: Tim, Jeff- strumental in securing 5000 new jobs by help- ery, Matthew, and Janice. Madam Speaker, by HON. JOE BACA ing turn the General Dynamics plant in Po- dint of hard work, a faith centered life and love OF CALIFORNIA mona into a furniture plant, as well as helping for one another, the Mullen family epitomizes IN THE HOUSE OF REPRESENTATIVES to secure $22.5 million for the Pomona Metro all that is right in the United States, Ireland and the world. I ask that at this moment this Tuesday, March 3, 2009 Link and Transit System. She was also re- sponsible for helping secure $5 million from chamber joins me in wishing John and Joan Mr. BACA. Madam Speaker, I stand here the state budget for numerous parks and com- Mullen continued success, fair winds and fol- today to honor a loving mother, adoring grand- munity centers within her district. lowing seas for many years to come. mother and great-grandmother, passionate I have always been grateful for Nell’s friend- f lawmaker and cherished friend, Nell Soto. ship, a woman who has always been an inspi- Working in the citrus groves as a child dur- OMNIBUS APPROPRIATIONS ACT, ration to my family and I. She always sup- 2009 ing the Depression, Nell eventually grew up to ported me, from the time I entered the Board become influential and well-respected in the of Trustees, to when I served in the State As- SPEECH OF California Legislature. A sixth-generation Po- sembly, State Senate and still as I came here mona resident, her passion for positive to serve as a Member of Congress. I thank HON. BOB ETHERIDGE OF NORTH CAROLINA change and betterment of the community her for always making a point of attending one IN THE HOUSE OF REPRESENTATIVES began early on in her life. Walking precincts of my events or at least sending a representa- as early as 1948 to help elect President Tru- tive if she couldn’t come herself. I know I am Wednesday, February 25, 2009 man, she eventually became a pioneer of not alone when I say that I have lost a truly Mr. ETHERIDGE. Mr. Speaker, I rise in sup- Latino political activism during the 1950s and amazing friend, one who will be remembered port of H.R. 1105, the Fiscal Year 2009 Omni- 1960s. Actively involved in supporting the for her hard work, true commitment to family bus Appropriations Act. This bill completes rights of farm workers, she walked the streets and tireless efforts to better her community. Congress’ work funding essential government of Delano, California with Cesar Chavez. She I am proud to have known a woman who services for 2009 and invests in important pri- also played an active role in the anti-war was so loved by all of her family and friends. orities to get our economy back on track. H.R. movement of the 1960s, including helping Nell is survived by her children, Philip Jr., Mi- 1105 provides for the needs of North Caro- Senator Bobby Kennedy win the California pri- chael, Patrick, Anna and Tom, as well as her lina’s most vulnerable citizens and will help mary. These are only a small sample of the eleven grandchildren and three great-grand- our State make the investments it needs to impressive events she was a part of and one children. make for a brighter future. of the many reasons as to why she became I would like to express my greatest sym- As the former superintendent of schools in an inspiring role model to us all. pathies for her family’s loss. Let us take a mo- North Carolina, I am particularly pleased that Nell’s fight for change carried on into politics ment to remember this great woman and her this bill continues our commitment to edu- where she helped elect her husband, Phil admirable dedication to instilling positive cational opportunities for all Americans. Soto, to the California Assembly in 1962. Nell change and leading an exemplary life, one Economists tell us that strategic investments herself was first elected to office in 1987 as a whose footsteps we all hope to follow. The in education are one of the best ways to help Pomona City Councilmember, serving for thoughts and prayers of my wife Barbara and America become more productive and com- twelve years and becoming a prominent figure children Councilman Joe Baca, Jr., Jeremy, petitive. This bill builds on the American Re- in the community. In 1993, she was appointed Natalie and Jennifer and I are with her family covery and Reinvestment Act to support state to the South Coast Management Quality Dis- at this time. and local community efforts to improve trict board and truly became aware of the God bless Nell Soto for love of God, country schools, and on the efforts of individuals and growing concern of the environmental hazards and mankind. families to provide a better life for their chil- that were affecting the community. This is f dren. H.R. 1105 provides $66.5 billion for the where she first made her true mark as a Department of Education, a 7 percent increase champion of environmental protection. Con- IN HONOR OF JOHN AND JOAN over last year. In these times when state cerned by the increasing rise of pollution in MULLEN budgets are stretched to the limit, it increases the Pomona area, she recognized how this the federal share of special education costs was especially affecting all of the hardworking HON. JOE SESTAK and increases Title I grants for disadvantaged people in fields. Understanding that they were OF PENNSYLVANIA students to ensure our local communities are constantly being exposed to these toxins, she IN THE HOUSE OF REPRESENTATIVES able to continue to help our most vulnerable continued to push for greater reform. students. It provides increases to student fi- Only a year after the death of her husband Tuesday, March 3, 2009 nancial aid to help 1.4 million students go to in 1997, she was elected to the California Mr. SESTAK. Madam Speaker, I rise today school, and helps 6.9 million families pay for State Assembly. However, shortly thereafter, to join with the Irish American Business college with an increase in the maximum Pell she replaced me in the State Senate when I Chamber & Network, proud Irish Americans Grant to $4,360. It provides additional funding left to become a Congressman in 1998 and everywhere and especially the residents of the for Head Start, gives child care assistance to then returned to the State Assembly in 2006 7th Congressional District of Pennsylvania in 11,000 more children, and provides 1.7 million after her Senate term limits expired. Bringing acknowledging the business skills, compas- with quality afterschool services that supple- her determination to create a better life for the sion and philanthropy of John and Joan ment their school activities. These are funda- people in her community, she formed a task Mullen. mental investments that provide the key to the force in the State Senate to help water dis- Every Member of Congress receives consid- future for our nation’s children. tricts in Fontana, Rialto and Colton address erable correspondence especially when the This bill makes many other critical invest- perchlorate contamination of groundwater, an nation is in difficulty. I have come to appre- ments to address our immediate needs while issue that is very dear to my heart. Nell was ciate first hand the intelligence and vision of laying the foundation for our long-term pros- instrumental in helping deliver $20 million in John Mullen. At the peak of the energy crisis perity. H.R. 1105 provides $15.3 billion for the federal funding to the Inland Empire to buy re- he drafted a precise, informative and creative Labor Department, providing critical job train- placement water. assessment of the causes of the crisis and co- ing, unemployment, and workforce protection

VerDate Nov 24 2008 04:02 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\K03MR8.002 E03MRPT1 rfrederick on PROD1PC67 with REMARKS March 3, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E525 services to our working families. It appro- He is a member of St. Cecelia’s Church in EARMARK DECLARATION priates a total of $496 billion for the Depart- Exeter where he is a member of the men’s ment of Health and Human Services, including club. He also sings in the church choir. HON. LEE TERRY critical support for Medicare and Medicaid. It Despite his retirement, Mr. Brogan still holds OF NEBRASKA includes $108 billion for the Department of Ag- two part-time jobs with the Gubbiotti Funeral IN THE HOUSE OF REPRESENTATIVES riculture, including a 15 percent increase in Home and Cefalo and Associates Law Firm. Tuesday, March 3, 2009 funding for rural development. It appropriates Mr. Brogan and his wife, Louise, have three $57.9 billion for Commerce, Justice, and the children: Marguerita Mutarelli, John Simon and Mr. TERRY. Madam Speaker, pursuant to science agencies, including a 16 percent in- Michael; three grandchildren and five great the Republican Leadership standards on ear- crease for state and local law enforcement ac- grandchildren. marks, I am submitting the following informa- tivities. By improving support for research and Madam Speaker, please join me in con- tion for publication in the CONGRESSIONAL development at our nation’s universities, fed- gratulating Mr. Brogan on the occasion of this RECORD regarding earmarks received as part eral laboratories, and small business incuba- auspicious honor. Mr. Brogan’s deep commit- of H.R. 1105, Omnibus Appropriations Act, tors, funding in H.R. 1105 creates jobs and ment to his family and his community has im- 2009. contributes to U.S. competitiveness. Finally, proved the quality of life for so many and has Name of the Requesting Member: LEE this bill invests in energy security with a 12 served as an example for others to emulate. TERRY percent increase in funding for renewable en- The bill number: H.R. 1105, Omnibus Ap- ergy and energy efficiency initiatives, which f propriations Act, 2009. will help us reduce our dependence on foreign Project Name: Combined Sewer Separation fuel sources. MILES DAVIS Amount: $650,000 This bill is not just about spending. H.R. The legal name and address of requesting 1105 also cuts and eliminates government entity: City of Omaha, Nebraska—Public programs that are not working, and provides HON. NEIL ABERCROMBIE Works Department 1819 Farnam Street, accountability and oversight through improve- OF HAWAII Omaha, NE 68183 ments in regulatory agencies. In these difficult IN THE HOUSE OF REPRESENTATIVES Description of earmark: To be used for the economic times, it is more important than ever Tuesday, March 3, 2009 design and construction of improvements to that we wisely invest the tax dollars that have portions of the City’s combined sewer system. been entrusted to us, and this bill is a sound MR. ABERCROMBIE. Madam Speaker, I These projects will allow the City of Omaha to investment in our future. rise today to honor one of the greatest jazz vi- reduce the amount of sewage overflowing to Mr. Speaker, Congress has a solemn duty sionaries of our time, Miles Davis. Today is receiving streams. The Combined Sewer to pass a funding bill that honors the values of the 50th anniversary of his definitive album, Overflow Controls project is consistent with the American people. By addressing America’s Kind of Blue, and it is an occasion to recog- the latest requirements from the Environ- domestic needs, providing for our foreign obli- nize and celebrate his legendary mark on mental Protection Agency (EPA) and Ne- gations, and investing in the future, H.R. 1105 music. Born in 1926, Miles Davis took up the braska Department of Environmental Quality reflects these values. I support H.R. 1105, and trumpet at age 13. Two years later, Davis (NDEQ) to achieve the goal of improved water I urge my colleagues to join me in voting for joined the Musicians’ Union and by age 19, quality in the United States. The NDEQ has this bill. had landed a contract with Capitol Records, issued a National Pollutant Discharge Elimi- playing in a combo led by alto saxophonist f nation System (NPDES) CSO Permit to the Charlie Parker. City of Omaha for its regional wastewater CONGRATULATING MR. JOHN BRO- Many would say that examining Miles treatment system. A Consent Order with GAN, RECIPIENT OF THE LIFE- Davis’s recording career is to examine the his- NDEQ requires Omaha to implement a Long TIME ACHIEVEMENT AWARD FOR tory of jazz from the mid-’40s to early ’90s. Term Control Plan (LTCP) to reduce the im- 2009 FROM THE GREATER From his initial recordings, which displayed a pact of wastewater discharges on the water PITTSTON FRIENDLY SONS OF subtle, yet challenging style of ‘‘cool jazz’’, quality of the Missouri River and the Papillion ST. PATRICK Davis went on to change the course of jazz Creek. Specific activities for 2009 include: the history in recording a new stylistic approach, Webster Street storm sewer extension, a new HON. PAUL E. KANJORSKI known as modal jazz, on his 1959 album, Kind South Omaha force main sewer, and other OF PENNSYLVANIA of Blue. This album is perhaps the most cele- projects to be determined. The combined IN THE HOUSE OF REPRESENTATIVES brated jazz album in history. It hit quadruple sewer system is restricted to the eastern por- Tuesday, March 3, 2009 platinum in sales, was ranked number 12 on tion of the City of Omaha and serves approxi- Rolling Stone magazine’s list of the 500 great- Mr. KANJORSKI. Madam Speaker, I rise mately 130,000 people. Wet weather condi- est albums of all time, and the musicians who today to ask you and my esteemed colleagues tions result in discharge of raw sewage into participated are considered among the great- in the House of Representatives to pay tribute the environment and residents’ basements. est jazz artists of the last century. to Mr. John Brogan, of Exeter, Pennsylvania, Upon completion, the planned projects will re- who was selected by the Greater Pittston Hardly content, Davis continued to experi- duce the CSO volume to the Missouri River; Friendly Sons of St. Patrick to receive their ment and innovate in producing such timeless improve the water quality and the community’s 2009 Lifetime Achievement Award. and influential albums as Sketches of Spain, public health. Based on critical necessity for Mr. Brogan graduated from Exeter High E.S.P., Miles Smiles and Nefertiti. As music the design and construction of the sewer over- School in 1946 and joined the United States progressed throughout the decades, so did flow improvements, the City is requesting this Navy where he served on a minesweeper Miles Davis. In the latter half of the century, federal funding. from 1946 to 1948. Davis expanded his repertoire to include free Name of the Requesting Member: LEE Mr. Brogan returned home following his mili- jazz and elements of rock music, and ex- TERRY tary service to work in his father’s men’s cloth- tended his appeal far beyond the classic jazz The bill number: H.R. 1105, Omnibus Ap- ing store, Sime Brogan’s. He took over the op- audience. propriations Act, 2009. eration of the family business in 1951 upon Miles Davis once said, ‘‘The way you Project Name: 2010 Special Olympics USA the death of his father. He continued to oper- change and help music is by tryin’ to invent National Games ate the business until his retirement in 1988. new ways to play.’’ Indeed, Davis brought in- Amount: $238,000 Mr. Brogan is active in many organizations novation to jazz for nearly fifty years and The legal name and address of requesting to which he belongs. These organizations in- stayed at the cusp of music’s evolution. Rec- entity: 2010 Special Olympics USA National clude the Greater Pittston Friendly Sons of St. ognizing his contributions to music, Miles Games 8801 F Street, Omaha, Nebraska Patrick, the Exeter Lions Club, the American Davis is now a part of the Rock and Roll Hall 68127. Legion, Post 833; Italian American Associa- of Fame, the St. Louis Walk of Fame and Description of earmark: Money to be used tion; John F. Kennedy Council No. 372, Down Beat’s Jazz Hall of Fame. Madam to assist in funding the Special Olympics’ Sec- Knights of Columbus and its Fourth Degree Speaker, for his many achievements and his ond USA National Games in 2010. The money and the Naval Mine Warfare Association. lasting example to musicians worldwide, I rise will be spent on logistics, security, transpor- He is a member of American Federation of today to commemorate the 50th anniversary of tation, housing and meals for athletes. The Musicians, Local 140, and he is the manager Kind of Blue, to honor and to thank Miles Special Olympics has previously been funded and musician for the Cino Paci Band. Davis for the legacy he has left to art. by the U.S. Congress and the nation has an

VerDate Nov 24 2008 04:02 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MR8.001 E03MRPT1 rfrederick on PROD1PC67 with REMARKS E526 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 2009 interest in developing all of our human capital, tion would also allow individuals to roll over until now, the Peace Corps has become an an opportunity which the Special Olympics any unused funds to the following year. Under enduring symbol of our nation’s commitment USA National Games provides. current law, each household is permitted to to encourage progress, create opportunity, Name of the Requesting Member: LEE set aside up to $5,000 annually pre-taxed. The and expand development at the grassroots TERRY $5,000 limit has been in effect since 1986, level in the developing world. The bill number: H.R. 1105, Omnibus Ap- even though the cost of care has risen signifi- As in all things, the strength of the Peace propriations Act, 2009. cantly since then. Corps is in its people—its volunteers. Volun- Project Name: UNMC Environmental Health I am pleased that employers are increas- teers have made significant and lasting con- Informatics Data Base ingly recognizing the need to address depend- tributions around the world in agriculture, busi- Amount: $238,000 ent care issues in the workplace by offering ness development, education and health care. The legal name and address of requesting Dependent Care FSAs. It is my hope that In fact, Danny and Shirley Sherrod from my entity: UNMC 987680 Nebraska Medical Cen- Congress will raise the current Dependent district just retired from their careers and have ter, Omaha, NE 68198 Care FSA limit to better reflect the changing volunteered to spend the next two years serv- Description of earmark: Money will be used workforce and help individuals plan and pay ing as Peace Corps Volunteers in Panama. to create a Midwest Health Informatics data- for the care they need at home as they earn Danny and Shirley said that their conversa- base to assess environmental influences on a living. tions with other volunteers made a huge im- the development of diseases by collecting I urge my colleagues to join me in sup- pact on their lives, so they are using this new health information from 50,000 Midwesterners. porting this important bill. time out of retirement to volunteer. This is but This database would be the first research co- f one example of the selfless dedication that hort in the Midwest to study the relationship people like Danny and Shirley Sherrod of Fort between rural populations, the environment, TRIBUTE TO THE NAPLES Worth, TX, commit to bringing to the Peace and disease development. This project could TOASTMASTERS CLUB Corps and to our world. reveal environmental factors responsible for Through Peace Corps service, volunteers birth defects or lymphoma, a cancer with high HON. CONNIE MACK worldwide learn more than 250 languages and incidence in Nebraska. The data will provide OF FLORIDA dialects, and they receive invaluable training valuable information on the factors influencing IN THE HOUSE OF REPRESENTATIVES that enables them to succeed in different cul- development of deadly diseases like cancer. tural settings. Returning volunteers often use Tuesday, March 3, 2009 f these skills and experiences to pursue careers Mr. MACK. Madam Speaker, I rise today to in the Federal Government and in the Foreign INTRODUCING LEGISLATION TO honor the Naples Toastmasters Club upon the Service. ENCOURAGE AND EXPAND THE celebration of their 50th anniversary. As Ranking Member of the House Appro- USE OF DEPENDENT CARE Anyone who has ever had to give a speech priations Subcommittee on the State-Foreign FLEXIBLE SAVINGS ACCOUNTS in front of an audience knows what a tense Operations, I am proud that this Subcommittee (FSA) and sometimes nerve-racking experience it provides the funding and the resources need- can be. Fortunately, Toastmasters Inter- ed to continue the good work that the Peace HON. F. JAMES SENSENBRENNER, JR. national and its chapters across the globe Corps is doing around the world. OF WISCONSIN have been helping people become more com- This week, during the National Peace Corps IN THE HOUSE OF REPRESENTATIVES petent and comfortable in front of an audience Week, I rise to recognize the achievements of for over 80 years. Tuesday, March 3, 2009 the Peace Corps and honor its Volunteers, The Naples Toastmasters Club in Naples, past and present, and reaffirm our country’s Mr. SENSENBRENNER. Madam Speaker, Florida provides a mutually supportive and commitment to helping people help them- today I am introducing legislation to encourage positive learning environment for members to selves throughout the world. and expand the use of Dependent Care Flexi- develop their communication and leadership f ble Savings Accounts (FSA). skills. Increasingly, these skills have become Millions of people rely on child care to be vital to success in the classroom, in the work- CELEBRATING THE DELAWARE able to work, and increasingly, to look for place, and in life. Perhaps even more impor- AND RARITAN CANAL 175TH AN- work, while others are responsible for older tantly, Toastmasters helps people increase NIVERSARY parents or disabled family members. Child and their self-confidence and allows them to reach dependent care is a critical issue and a large their professional and personal goals. HON. LEONARD LANCE expense for many American families. The members of the Naples Toastmasters OF NEW JERSEY Across the country, annual prices for full- Club are some of the most giving and produc- IN THE HOUSE OF REPRESENTATIVES time child and dependent care have increased tive members of our community. They con- Tuesday, March 3, 2009 dramatically. The average price for full-time tinue to empower a new generation of South- care for a toddler is approximately $7,000 ac- west Floridians to develop the leadership and Mr. LANCE. Madam Speaker, I rise today to cording to the National Association of Child communication skills needed to make signifi- pay a special tribute to the Delaware and Rari- Care Resources and Referral Agencies—in- cant contributions to our community. tan Canal upon its 175th Anniversary Celebra- fants cost even more. My state of Wisconsin Madam Speaker, the Naples Toastmasters tion. This year New Jersey towns and commu- is among the highest, with an average cost of Club’s enthusiasm and passion for serving our nity groups along the canal will celebrate the $12,000. Meanwhile, the out-of-pocket cost of community is inspiring, and their efforts have rich contributions of the Delaware and Raritan caring for an aging parent or spouse can eas- helped to make Southwest Florida a great Canal, and I wholeheartedly join them. ily exceed $6,000 a year. place to live, work and visit. It is truly an honor The Delaware and Raritan Canal, which To lighten the financial burden for working and a privilege to represent the members of spans more than 66 miles across the State of individuals, Congress created the Dependent the Naples Toastmasters Club in the U.S. New Jersey, has an important place in New Care FSA. A Dependent Care FSA enables in- House of Representatives. Jersey history, and provides scenic and rec- dividuals to put aside a set amount of money f reational facilities that New Jersey families each year to help pay for eligible dependent enjoy today. care expenses for children under the age of TRIBUTE TO THE PEACE CORPS In our state’s early history, the Delaware 13, or others who can be claimed as a de- and Raritan Canal provided a significant route pendent, including a parent or spouse. The HON. KAY GRANGER for the movement of commerce and people. money set-aside is pretax, thus reducing a OF TEXAS As part of the Intracoastal Waterway, the person’s taxable income. IN THE HOUSE OF REPRESENTATIVES canal also played an important role of con- My legislation will improve the Dependent necting towns and people from Florida to New Care FSA by increasing the exclusion amount Tuesday, March 3, 2009 England. to $7,500 for families and indexing it to infla- Ms. GRANGER. Madam Speaker, congratu- All along the route, canal boats delivered tion on an annual basis. Increasing this lations to the Peace Corps and Peace Corps Pennsylvania anthracite coal to factories, amount to reflect the changing times will pro- Volunteers as we celebrate the Peace Corps’s homes, and coal yards in New Jersey, New vide more financial relief to parents raising 48th anniversary on March 1, 2009. From its York harbor, and points north and south. They children and/or caring for adults. The legisla- beginnings under President John F. Kennedy brought farm products to market; carried store-

VerDate Nov 24 2008 04:02 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MR8.004 E03MRPT1 rfrederick on PROD1PC67 with REMARKS March 3, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E527 bought goods to residents in the interior; deliv- the lives of so many in South Florida. He was cost savings to the city. Over the past 5 years, ered raw materials to the factories; and distrib- the first chairperson of the City of Pompano he led the city in providing financial and other uted finished products to outlets throughout Beach Community Development Committee. assistance that has resulted in the erection of the region. Businesses along the canal in- In 1982, he was the second African-American more than 800 affordable multifamily units. cluded food packing companies, rubber re- elected to the Pompano Beach City Commis- Madam Speaker, although Pat’s life has claiming plants, distilleries, coal yards, quar- sion. He was just the eighth African-American come to an end, his legacy will live on for gen- ries, lumberyards, pharmaceuticals, terra local elected official in Broward County and erations to come. He will be remembered for cotta, wallpaper manufacturers, farms and served 19 consecutive years as city commis- his patience and generosity, characteristics many more. sioner. In that time, he served a record seven which enabled him to improve the lives of all According to canal historians, 1866 was the terms as mayor, the first African American to those who knew him. Pat was my friend of 46 canal’s peak year, when almost three million hold this post, and three terms as vice-mayor. years, he was a Renaissance man and I am tons of cargo were shipped through the water- He also served an unprecedented 14 con- proud and fortunate to have known him. way—more tonnage than was carried in any secutive years on the Broward County Plan- f single year on the much longer and more fa- ning Council and was the first African-Amer- CONGRATULATING JAMES J. mous Erie Canal. ican chair of that body. After an unsuccessful KEELER, 2009 HONOREE OF THE During three wars, the Civil War, World War run for Broward County Commission in 2001, SOCIETY OF THE FRIENDLY I and World War II, the Delaware and Raritan Pat Larkins was reelected to the Pompano SONS OF ST. PATRICK OF Canal carried men and materials between the Beach City Commission in 2003 where he LACKAWANNA COUNTY ports of New York and Philadelphia. served as vice-mayor. In 1973, several coalitions in New Jersey I am sure that my colleagues would agree sought and secured a place on the National that this is a remarkable list of achievements. HON. PAUL E. KANJORSKI Register of Historic Places for the Delaware Importantly, however, Pat was known not only OF PENNSYLVANIA and Raritan Canal. One year later, the canal for the offices that he held but the means by IN THE HOUSE OF REPRESENTATIVES became the centerpiece of the Delaware and which he discharged his duties in those of- Tuesday, March 3, 2009 Raritan Canal State Park. Since then, the fices. Pat was a man of uncompromising in- Mr. KANJORSKI. Madam Speaker, I rise Canal Society of New Jersey and the D&R tegrity. He possessed an incredible generosity today to ask you and my esteemed colleagues Canal Watch have worked tirelessly to pre- of spirit, and was a mentor to those around in the House of Representatives to pay tribute serve and protect the canal’s rich history for him. Pat has been referred to as the dean of to James J. Keeler, of Clarks Summit, Lacka- generations to come. Broward black elected officials because of his wanna County, who was selected to receive Today the Delaware and Raritan Canal remarkable leadership and role as one of the the prestigious ‘‘President’s Award’’ from the serves New Jerseyans as a tranquil ribbon of founders of that group. He knew his constitu- Society of the Friendly Sons of St. Patrick of green, connecting our historic past with rec- ents astoundingly well, and would often com- Lackawanna County for the year 2009. reational opportunities that are enjoyed by so plain in jest that he was going broke buying Mr. Keeler has proudly and successfully many. flowers for funerals. served the people of Lackawanna County for f Pat was also recognized throughout the many years in a wide variety of ways. State as a leader and spokesperson for minor- He has served as administrator of the Social COMMEMORATING THE LIFE AND ity involvement in government and business. Security Administration. He was the first chair- ACHIEVEMENTS OF ELIJAH PAT During his time as mayor of Pompano Beach, man of the Lackawanna County Multi-Purpose LARKINS the city hired the first black fire chief and first Stadium Authority. And he has been a political black city clerk in Broward County. Pat initi- science instructor at Marywood University and HON. ALCEE L. HASTINGS ated the city ordinance to promote minority at the University of Scranton. OF FLORIDA small business concerns, and along with two A native of the City of Scranton, Mr. Keeler IN THE HOUSE OF REPRESENTATIVES others, helped to create the first minority busi- began his career in Harrisburg in 1969 as an ness enterprise program for Broward County Tuesday, March 3, 2009 assistant to then Auditor General Robert P. government. His concern for equality had de- Casey. Mr. HASTINGS of Florida. Madam Speaker, veloped from an early age; as a student at He joined the Social Security Administration I rise today to honor the life and achievements Blanche Ely, where he was voted to lead his in Baltimore, Maryland, in 1971 as a legislative of my dear friend and a widely-respected lead- class from 5th through 12th grades, he led a analyst and served on the task force that im- er, the Honorable Elijah Pat Larkins, who died student boycott of classes when an annual plemented the Supplemental Security Income, February 14, 2009 after losing a 16-month gathering of the county’s three black high SSI, program. He also worked in Washington battle with brain cancer. My thoughts and schools was canceled. DC on Capitol Hill at the Congressional Re- prayers are with his family at this most difficult In addition to his many professional search Service. time. I hope that Pat’s family takes comfort in achievements, Pat Larkins took an active role In 1976, Mr. Keeler and his wife, the former knowing that, in his over 66 years on this in countless public service, social, and reli- Elaine O’Malley, of Scranton, returned to earth, he had a profound impact on those gious organizations. He was a life member of Lackawanna County where they raised their around him, making significant contributions to the National Association for the Advancement three children: Jimmy, Ellen and Paul in the lives of so many Floridians. of Colored People (NAACP), served on the Clarks Summit. Pat had an affinity with South Florida that Broward County Boys and Girls Club cor- In 1991, Mr. Keeler was recognized by the was developed over a lifetime. He was born in porate board, the Juvenile Justice Intensive United States Secretary of Health and Human Pompano Beach in 1942, and graduated from Halfway House, and the Florida black caucus Services with a national Honor Award for an Blanche Ely High School in 1960. In 1962 he local elected officials, and was a longtime innovative outreach program that found over left Tennessee State University without grad- member of Hopewell Baptist Church. He was 200 low income aged and disabled Lacka- uating to pursue a career as a housing direc- a founding member of the Urban League wanna County residents who were eligible for tor for the local community action agency. In board, as well as a leader in the Superintend- the SSI program. 1969, he was one of only two Florida recipi- ents’ Commission on Public Education, Na- Mr. Keeler is the author of ‘‘Our Team! In- ents of a Ford Foundation fellowship to attend tional Black Mayors’ Conference, and U.S. sights From the Publicly Owned Scranton/ the National Housing Institute in Washington, Conference of Mayors. Wilkes-Barre Red Barons,’’ a book based on DC. He worked in Illinois for a brief period im- Madam Speaker, through all of these roles, his doctoral dissertation at the University of mediately following his certification by the De- Pat had an indelible impact on the well-being Southern California’s School of Public Admin- partment of Housing and Urban Development of his community. He made profound contribu- istration. (HUD) as a housing development specialist. tions in the area of housing, working tirelessly Madam Speaker, please join me in con- Returning to Florida, Pat created the Broward to ensure safe and adequate housing was gratulating Mr. Keeler for his many years of County Minority Builders Coalition and was a available to all. Under his leadership, Pom- service to the Lackawanna County community. director of his own not-for-profit business, pano Beach recently demolished a 140-home His commitment to public service has vastly Malar Construction Inc. in Ft. Lauderdale. development that had been rundown and fall- improved the quality of life for many through- Madam Speaker, Pat had a long career in ing apart and relocated the owners to a mod- out northeastern Pennsylvania and, for that, public service, and it is through this aspect of ern development of affordable homes on an Mr. Keeler has earned our respect and admi- his life that he has had the greatest impact on even swap arrangement at a considerable ration.

VerDate Nov 24 2008 04:02 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A03MR8.008 E03MRPT1 rfrederick on PROD1PC67 with REMARKS E528 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 2009 PERSONAL EXPLANATION TRIBUTE TO MR. BENNIE GOODEN the military and civilian members of my district who played a vital role in these accomplish- HON. TODD RUSSELL PLATTS HON. BENNIE G. THOMPSON ments as they performed their duties on Travis OF MISSISSIPPI Air Force Base. OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES As you know, Travis Air Force Base is the IN THE HOUSE OF REPRESENTATIVES largest Air Mobility base in the country and Tuesday, March 3, 2009 Tuesday, March 3, 2009 serves as the principal staging area for the Mr. THOMPSON of Mississippi. Madam Pacific Theater. As such, Travis plays an in- Mr. PLATTS. Madam Speaker, due to my Speaker, today I rise to recognize the life and valuable strategic role in our airlift programs. attendance at a U.S. Navy change of com- legacy of Mr. Bennie Gooden, a dedicated civil With President Obama’s decision to in- mand ceremony, I regret that I could not cast servant who contributed so much to the lives crease military operations in Afghanistan, recorded votes for roll Nos. 80–85. Had I been of others in Mississippi. His dedication to pub- Travis’ role will increase in prominence. Travis present, I would have voted ‘‘yea’’ on roll Nos. lic service began with his tenure as a teacher is host to the 615th Contingency Response 80, 81, 82, 84, and 85, and ‘‘no’’ on roll No. in Coahoma Agricultural High School and later Wing and is also home to the David Grant 83. Dean of Men at Coahoma Community Col- Medical Center which is the primary lead for lege. Afterward, he transitioned to being the the Craig Joint Theater Hospital at Bagram Air f first Project Director for the HeadStart Pro- Force Base. gram in Coahoma and Tunica Counties. TRIBUTE TO GEORGE H. Since the 2005 Mobility Capability Study, Madam Speaker, not only did Bennie serve WILLIAMSON, CHIEF DEPUTY Department of Defense Officials have not in the arena of education, but he was an ad- DISTRICT ATTORNEY been able to agree on the baseline inventory vocate of affordable housing for all. In 1969, requirements for the C–17. I have long been he led the Chapel Hill Baptist Church in the an advocate of keeping the production line HON. DANIEL E. LUNGREN ownership and development of a 100-unit open to address future requirements and have OF CALIFORNIA housing development, Chapel Hill Heights. He supported supplemental appropriations to IN THE HOUSE OF REPRESENTATIVES was a Certified Real Estate Manager, CREM, reach the baseline levels for this multi-role and managed multi-family housing units platform required by the Air Force and Trans- Tuesday, March 3, 2009 throughout the Southeast in a career which portation Command for mission accomplish- Mr. DAVID E. LUNGREN of California. spanned 35 years. One can understand why ment. Madam Speaker, I rise today to pay tribute to his name, particularly in the Mississippi Delta, I look forward to working hard in this Con- George H. Williamson who is retiring after 31 is synonymous with ‘‘housing.’’ gress to provide our brave men and women years of service as a criminal prosecutor. Madam Speaker, Bennie amassed many with the tools they need to continue to keep George was my Chief Assistant Attorney Gen- honors and was involved with an impressive our nation secure while also being able to re- eral for the Criminal Division during the eight list of religious, civic and community endeav- spond to national emergencies. years that I was privileged to serve the citi- ors in his life, which include: being a member zens of California. of the Coahoma County Branch NAACP for f more than 50 years, past President of the When you think of George Williamson, the FREEDOM FOR OMAURIS RONDON Aaron E. Henry Community Health Services first thing which comes to mind is that he is a RIVERO ‘‘lawyer’s lawyer.’’ Were Black’s Law Dic- Center, Inc., he served on the Advisory Board tionary to put pictures next to their definitions, of the Lower Mississippi Delta Development HON. LINCOLN DIAZ-BALART you would find a picture of George next to the Commission, he was appointed by President OF FLORIDA definition of ‘‘criminal prosecutor.’’ What else Jimmy Carter to serve on the Board of Direc- IN THE HOUSE OF REPRESENTATIVES could you say about a man who has tried over tors of the National Institute for the Building 70 homicide cases? It is not surprising that he Sciences, and he received the Medgar Evers Tuesday, March 3, 2009 was named ‘‘Prosecutor of the Year’’ by the Award for Outstanding Civic Community Lead- ership, and the Coahoma County Branch Mr. LINCOLN DIAZ-BALART of Florida. California District Attorneys Association and Madam Speaker, I rise today to speak about received the ‘‘Outstanding Advocacy Award’’ NAACP Spirit and Freedom Award. Without Bennie Gooden’s support, I would Omauris Rondon Rivero, a political prisoner in from the Association of Government Attorneys totalitarian Cuba. in Capital Litigation. The National District At- not be in the position I am today. Madam Speaker, I’m grateful for his presence in my The Cuban people continue to suffer a re- torneys Association inducted George into the pression unprecedented in the history of our ‘‘Home Run Hitter’s Club’’ in recognition of his life and the lives of Mississippians all around our great state. hemisphere. For 50 years Fidel and Raul Cas- stature as one of the finest litigators in the tro have imposed a brutal, murderous and un- f United States. He was meticulous in his legal scrupulous totalitarian tyranny on the Cuban preparation, persuasive in his courtroom pres- RECOGNIZING THE PROFESSIONAL people. entation and unequivocally ethical in his deal- EXCELLENCE OF THE UNITED Last May, Mr. Rondon was thrown into a ings with all parties. STATES TRANSPORTATION COM- dungeon after being accused of ‘‘defamation In his work supervising our Criminal Division MAND AND THE CONTRIBUTIONS of government institutions, heroes and mar- in the California Department of Justice, OF THE MILITARY AND CIVIL- tyrs’’ by the dictatorship. It is unclear what Mr. George was not only responsible for managing IANS WHO SERVE ON TRAVIS Rondon had said, but the dictatorship sends 450 attorneys and staff, but he personally han- AIR FORCE BASE people to the gulag even for the slightest of dled major case litigation as well. In this re- ‘‘verbal transgressions.’’ gard, he was responsible for one of the most HON. ELLEN O. TAUSCHER Mr. Rondon is not known to be a member significant public corruption cases in California OF CALIFORNIA of any human rights group, opposition political history, where he obtained a conviction IN THE HOUSE OF REPRESENTATIVES party or independent civil society organization. against the former California Superintendent of But he said something that bothered the crimi- Public Instruction. Tuesday, March 3, 2009 nal thugs who oppress the Cuban people. He Let me also say that one of the most admi- Mrs. TAUSCHER. Madam Speaker, I rise was ‘‘sentenced’’ to a year in the gulag. Re- rable leadership qualities displayed by George today to commend the hard work, and profes- ports from within the political prisons have was his role in mentoring young lawyers in the sionalism of General McNabb and the fine pointed out that Mr. Rondon has suffered con- California Department of Justice. Although men and women of the United States Trans- tinuous and serious beatings inside the de- George may be retiring, he leaves behind him portation Command. Their accomplishments grading gulag where he is locked up. In totali- a legacy of fine lawyers who include District are unmatched as they delivered 2 million tarian Cuba the cries of the tortured are never Attorneys within their ranks. passengers, 3 million short tons of cargo, and heard; we can only imagine the horrors It was an honor to work with George H. nearly one and a half billion gallons of fuel Omauris Rondon is being subjected to. Williamson during my tenure as Attorney Gen- worldwide in order to meet Department of De- Thousands, like Mr. Rondon, languish in eral. He will always have my friendship and fense needs. Cuban dungeons simply for their support of respect, and I wish him the best with his en- I am also proud to include the patriotism freedom, democracy and the Rule of Law, or deavors. and total dedication to excellence exhibited by for other acts that are considered criminal only

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Heads of State and government, foreign Ms. ROYBAL-ALLARD. Madam Speaker, I mation for publication in the CONGRESSIONAL ministers and other ‘‘dignitaries’’ flock to totali- rise in strong support of H.R. 1, the American RECORD regarding earmarks I received as part tarian Cuba, partaking in the regime’s spon- Recovery and Reinvestment Act. of H.R. 1105, the Omnibus Appropriations Act, 2009: sored ‘‘delights’’, and bringing ignominy to the We are all painfully aware that our nation is Requesting Member: Congressman VERN nations they allegedly represent. in a deep economic recession. The grim num- BUCHANAN But, Madam Speaker, I rise to remind my bers from the Bureau of Labor Statistics begin Bill Number: H.R. 1105 colleagues of the real Cuba. I rise to remind to tell the story. For months the unemployment Account: Cooperative State Research Edu- rate has been rising and in January nearly my colleagues that Omauris Rondon Rivero, cation and Extension Service—SRG 600,000 jobs were lost. This is the highest Legal Name of Requesting Entity: Florida and thousands of others who suffer in the number of jobs lost in a one-month period Citrus Mutual Castros’ gulag, exist. That they represent the since 1974. It is estimated that if joblessness Address of Requesting Entity: Lakeland, FL best of the Cuban nation. That they represent continues at the same rate, unemployment 33802 the future of Cuba, a free and democratic rates will be in the double digits by summer Description of Request: I secured Cuba. And I rise to demand the immediate and the highest unemployment level since the $1,217,000 for the continuation of vital citrus and unconditional release of Omauris Rondon Great Depression. canker research by the UF–IFAS, through the Cooperative State Research Extension and Rivero and all the political prisoners in the Economists on both sides of the aisle agree Education Service (CSREES), to improve nightmare that is totalitarian Cuba. that we need swift and robust action to technologies for treatment and detection, counter this troubling downturn. By making f methods of movement and containment, and needed investments in areas such as infra- means to control and eliminate this dev- structure, healthcare, and education H.R. 1 THE INTRODUCTION OF THE astating citrus disease. will address rising joblessness by creating jobs In 2005, USDA-Animal Plant Health Inspec- WORKING FAMILIES’ FLEXI- in areas where investment will make a long- BILITY ACT tion Service (USDA–APHIS) detected citrus term impact. In my home state of California it greening in Florida. This is yet another severe is expected that the measure will create or citrus disease that must be addressed. HON. CAROLYN B. MALONEY save close to 400,000 jobs. USDA–APHIS and ARS are working in con- As a healthcare advocate I am particularly junction with Florida Department of Agriculture OF NEW YORK pleased that the bill also provides $1 billion to and Consumer Services Division of Plant In- IN THE HOUSE OF REPRESENTATIVES restore state and local health department jobs dustry (FDACS–DPI) and UF–IFAS to develop that will be lost in the next year due to budget a joint citrus health production plan for an in- Tuesday, March 3, 2009 cuts. Not only will this funding keep thousands terim period, while the scientific community of people employed, it will also ensure that the works to find disease resistance and/or a cure Mrs. MALONEY. Madam Speaker, I am public continues to receive critical prevention for these diseases. Research efforts will in- pleased to introduce the Working Families’ and wellness programs that these employees clude management of citrus canker and green- Flexibility Act, which will ensure that working provide. Moreover, it is essential that we en- ing to minimize tree mortality and yield loss in Americans can ask their employer for modified sure the stability of our public health infra- a cost effective manner, as well as the eco- schedules so they can balance the demands structure which is critical to national and local nomic implications of these diseases in world of their jobs and their home life. responses to natural or man-made catas- citrus markets. This joint, coordinated research Modeled on successful legislation adopted trophes. is not only imperative to Florida citrus, but also important to all U.S. citrus production. in the United Kingdom, the legislation would I am also gratified that the bill includes fund- Requesting Member: Congressman VERN give employees a right to request modification ing to address critical health care workforce BUCHANAN of their hours, schedule, or work location. It shortages. At a time when millions of Ameri- Bill Number: H.R. 1105 would require employers to seriously consider cans are unemployed, there are well over Account: Health Resources and Services all such requests in a timely manner, and pro- 140,000 unfilled registered nursing jobs in our (HRSA) Health Facilities and Services vide an explanation for requests that are de- hospitals, nursing homes and community Legal Name of Requesting Entity: University nied. The bill also includes job protection for health centers. To address this need the bill of South Florida Sarasota-Manatee includes $500 million for nurse training. employees who make flexibility requests. Address of Requesting Entity: 8350 N. Small businesses would be exempt from this The bill also allows governors to spend up Tamiami Trail, Sarasota, FL 34243 Description of Request: I secured $143,000 bill, and the Department of Labor would be to $10 billion for school modernization. The funding provided for school renovation and re- to address nursing shortages by supporting called upon to develop regulations for the flex- educational development at the University of time process. pair is essential to address the nation’s crum- bling education infrastructure. Our nation’s stu- South Florida Sarasota-Manatee Campus This bill will raise awareness of the rising dents and teachers deserve to learn and work Critical nursing shortages throughout the need for flexible work schedules, and will pro- in buildings that are not crumbling around United States continue to grow as the popu- tect employees who are nervous about re- them. lation ages and the nursing workforce ap- proaches retirement age. The University is in questing a change in schedule. Called the There is no dispute that economic condi- ‘‘soft-touch’’ law in the UK, it would not place the initial stages of preparing for separate aca- tions will get worse before they get better. The demic accreditation. Once this is achieved, undue burden on businesses, it only asks that American Recovery and Reinvestment Act is their highest priority will be to establish a Col- they evaluate these requests and provide a re- an important step forward in reversing the lege of Nursing on the campus. With a nursing sponse explaining their decision, whatever it course of the current recession. It will provide program in place we will be able to reach and is. Adopting a flexible workplace has been a desperately needed boost to our ailing econ- educate the southern-most portions of Florida. shown to reduce turnover, which helps em- omy, and will provide American families with a The funds from this proposal will be spent to ployers cut costs and retain valuable employ- needed social safety net as they weather the support the development of a teaching simula- ees. In the UK, over 80 percent of requests worst of this economic crisis. tion laboratory (equipment and simulation have been approved and over 80 percent of I urge my colleagues to vote yes to stabilize models) on our campus, for equipping a video- employers report no adverse effect from the our economy and assist Americans impacted conference classroom, and the development legislation. by this crisis. of web, on-site, and blended courses.

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Requesting Member: Congressman VERN Acquiring basic sets of digital images to en- Aleichem showed his writing talents at a BUCHANAN rich the curriculum (environmental studies, art young age. In 1879, he began publishing sto- Bill Number: H.R. 1105 history, music, history, anthropology, biology, ries in Hebrew. Just a few years later, in 1883, Account: STAG Water and Wastewater In- math, physics, business, education, criminal he began publishing stories in Yiddish and, frastructure Project justice, etc.) and for use in educational and because Yiddish was not considered by some Legal Name of Requesting Entity: Sarasota community outreach; appropriate for legitimate writing, he adopted County Purchasing equipment to digitize, analyze, his now famous pseudonym: Sholem Address of Requesting Entity: 1660 Ringling and archive images and video created for re- Aleichem. Boulevard, Sarasota, FL. 34236 search and teaching purposes; This was the beginning of a long and distin- Description of Request: I secured $500,000 Managing a full complement of digital as- guished literary career, in which Sholem for the Phillippi Creek Septic System. sets, including audio, video, internet and Aleichem wrote and published dozens of short Obsolete septic tanks are a source of metadata; stories, plays, and novels in Yiddish, Hebrew, wastewater pollution in Phillippi Creek, and Developing educational, public outreach pro- and Russian. He is best known for his writing thus, all of lower Sarasota Bay, along with its grams and facilitating public forums; in Yiddish and his role as one of the pre- estuaries. The Phillippi Creek Septic Tank Re- Providing a variety of workstation (PC, Mac) eminent Yiddish authors. His efforts, through placement Program is underway to replace to allow for ease of access by faculty/students/ his own works and his promotion of the writing failing septic systems and connect approxi- staff/public; of others, did as much as anyone to promote mately 15,000 low-income homes and busi- Establishing Smart Collaborative Spaces Yiddish as an art form. nesses to central sewer in the Phillippi Creek where groups can interact using the best tech- His works were widely popular, as they Basin. nology available. were both meaningful and humorous with an Requesting Member: Congressman VERN Located on the Sarasota-Manatee county ability to teach and entertain. They also re- BUCHANAN border, Cook Library is strategically placed to flected the real lives and problems of their Bill Number: H.R. 1105 be an information hub for all the higher edu- readers. Through his work, Sholem Aleichem Account: Health Resources and Services cation institutions and the citizens of the coun- left behind a rich portrayal of Jewish life and Administration (HRSA)—Health Facilities and ties they serve. culture in Eastern Europe and Russia at the Services turn of the century. In fact, it was his stories f Legal Name of Requesting Entity: Manatee that were the inspiration for the popular musi- Community College TRIBUTE TO VINCENT FEMIA cal, Fiddler on the Roof. It is no wonder that Address of Requesting Entity: 5840 26th he became known as the ‘‘Jewish Mark Street West, Bradenton FL 34207 HON. MICHAEL A. ARCURI Twain.’’ Well after his death in New York City in Description of Request: I secured $95,000 OF NEW YORK for a Medical Technology and Simulation Cen- 1916, his popularity continues to this day. His IN THE HOUSE OF REPRESENTATIVES ter at Manatee Community College (MCC). timeless works have been translated into Through state and private initiatives over Tuesday, March 3, 2009 many languages, including English, making many years, MCC has been able to secure Mr. ARCURI. Madam Speaker, I rise today accessible his unique literary talents to mil- funding to construct a Medical Technology and in recognition of Vincent Femia—a resident of lions more. Monuments have been erected to Simulation Center. What is now needed are my district in Upstate New York—for his out- him in Kiev and Moscow. And, in New York resources to outfit the Center with the equip- standing achievements at the 2009 Special City, East 33rd Street, between Park Avenue ment to operate a functional teaching program Olympic Winter World Games held in Boise, and Madison Avenue, is named ‘‘Sholem and Community Health Clinic. The proposed Idaho. Vincent played an integral role in help- Aleichem Place.’’ It is only fitting that we expansion of MCC’s nursing program will ac- ing Team USA capture a gold medal during pause on this, the occasion of his 150th birth- commodate up to 48 new nursing students the 4x1K freestyle cross-country relay. He also day, to celebrate Sholem Aleichem and his each year and help provide the community earned a silver medal for his performance in contribution both to Jewish life and culture and with additional health care services it requires. the 7.5K freestyle cross-country race, and a to humanity as a whole. This investment in classroom and clinical infra- bronze medal in the 5K cross-country race. Indeed, people will be remembering Sholem structure will allow the College to immediately At only 24 years old, Vincent has a long and Aleichem all around the world thanks to the ef- expand its program in terms of both student distinguished history of participation in the forts of Limmund FSU. Limmund FSU is a vol- enrollment and reach. Without additional fund- Special Olympics, earning eight gold medals unteer organization whose goal is to help build ing the prohibitive costs associated with nurs- in Nordic skiing over the past 15 years. Since bridges between Russian-speaking Jews and their Jewish history and culture. I want to take ing programs would create an indefinite barrier first taking to the slopes at the age of five, this opportunity to congratulate Limmund FSU to the College’s ability to meet this community Vincent’s stamina and strength have earned on the events it is sponsoring this week to need. him the nickname, The Machine. honor Sholem Aleichem. It could not have Requesting Member: Congressman VERN Madam Speaker, I am proud to honor Vin- picked a better person to honor and I want to BUCHANAN cent’s accomplishments in the Special Olym- thank everyone involved for their tremendous Bill Number: H.R. 1105 pic Games, and look forward to tracking his efforts. Account: Department of Education—Higher future success. Please join me in congratu- Education lating Vincent on this occasion. f Legal Name of Requesting Entity: New Col- f SUPPORTING THE JAMES A. lege of Florida LOVELL FEDERAL HEALTH CARE Address of Requesting Entity: 5800 Bay IN HONOR OF SHOLEM ALEICHEM CENTER Shore Road, Sarasota, Fl. 34243 AND TO CONGRATULATE Description of Request: I secured $95,000 LIMMUND FSU for a Smart Library for New College in my dis- HON. MARK STEVEN KIRK trict. OF ILLINOIS HON. JERROLD NADLER IN THE HOUSE OF REPRESENTATIVES Libraries are no longer about books and OF NEW YORK Tuesday, March 3, 2009 journals, microfiche and card catalogs. The li- IN THE HOUSE OF REPRESENTATIVES braries of the future will deal with the business Mr. KIRK. Madam Speaker, today I join my Tuesday, March 3, 2009 of information management. They are becom- colleague from Illinois, Ms. BEAN, in intro- ing centers for community research and civic Mr. NADLER. Madam Speaker, I rise today ducing legislation to enhance the innovative engagement. New College of Florida is poised to remember and honor the life of acclaimed health care resource sharing underway be- to engage and enhance the digital assets at Russian-Jewish writer and humorist Mr. tween the Department of Veterans Affairs and the Jane Bancroft Cook Library, a joint-use fa- Sholem Aleichem, whose 150th birthday was the Department of Defense in North Chicago, cility for New College of Florida, the University this past Monday, March 2, and to congratu- Illinois. of South Florida Sarasota/Manatee, Manatee late Limmund FSU on the events it is spon- Ten years ago the VA was trying to close Community College, and citizens in the Man- soring this week in New York City, Tel Aviv, the North Chicago VA hospital, claiming it was atee and Sarasota communities. The Cook Li- and Kiev to commemorate this momentous underutilized and that veterans could easily brary/Smart Library plan will include: event. commute 40 or 50 miles into Chicago for treat- Creating a variety of digital collections open Born as Sholem Rabinovitch on March 2, ment. At the same time, the Navy was plan- to students, faculty, staff, and the community; 1859 in Pereyaslav, Ukraine, Sholem ning to close its 40-year-old hospital at Great

VerDate Nov 24 2008 04:02 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MR8.018 E03MRPT1 rfrederick on PROD1PC67 with REMARKS March 3, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E531 Lakes that had earned a reputation for being CONGRATULATING JAMES J. CELEBRATING THE 10TH ANNIVER- ‘‘30 stories tall with 30 patients.’’ Even though FLAHERTY, RECIPIENT OF THE SARY OF SIAS INTERNATIONAL there were four brand-new, unused inpatient 2009 W. FRANCIS SWINGLE UNIVERSITY IN XINZHENG, wards at the VA hospital a quarter-mile away, AWARD FROM THE GREATER CHINA the federal government was preparing to PITTSTON FRIENDLY SONS OF spend $180 million to replace an outdated ST. PATRICK HON. JERRY MORAN military hospital and close a VA hospital with OF KANSAS an increasing number of patients. This simply IN THE HOUSE OF REPRESENTATIVES made no sense. HON. PAUL E. KANJORSKI Tuesday, March 3, 2009 In 2001 I began urging the Navy and the VA OF PENNSYLVANIA Mr. MORAN of Kansas. Madam Speaker, I to examine ways they can coordinate their ef- IN THE HOUSE OF REPRESENTATIVES rise today to recognize and congratulate SIAS forts and share resources in North Chicago. International University in Xinzheng, Henan After four years of intense work, and thanks in Tuesday, March 3, 2009 Province, China on its 10th Anniversary as an institution of higher education. large part to the efforts of then-Navy Secretary Mr. KANJORSKI. Madam Speaker, I rise Founded in 1999, SIAS International Univer- Gordon England and then-Deputy Secretary of today to ask you and my esteemed colleagues sity is a new type of post-secondary experi- Veterans Affairs Leo McKay, the two depart- in the House of Representatives to pay tribute ence striving to prepare students to be global ments in 2005 agreed not only to share re- to Mr. James J. Flaherty, the 2009 recipient of citizens. Affiliated with Zhengzhou University sources, but to fully integrate the two facilities. the W. Francis Swingle Award from the Great- and in cooperation with Fort Hays State Uni- Last year, they announced that the joint facility er Pittston Friendly Sons of St. Patrick for his versity of Hays, Kansas, SIAS was designed would be named for a local hero, Captain Jim many years of dedicated service to that orga- to provide Chinese students with an edu- Lovell, hero of Apollo XIII. nization. cational experience that blends Chinese edu- This bold plan is now recognized as the cational philosophies with western-style cur- Mr. Flaherty was born and raised in Pittston, riculum and techniques, offering students the model for future collaboration between the VA Pennsylvania. He graduated from St. John’s skills needed to compete and prosper in our and DOD, and integration is well underway. High School in 1960 and Penn State Univer- increasingly interconnected world. They have already merged inpatient care, sity in 1963. Licensed by the Henan Provincial Education mental health, surgery and the emergency Mr. Flaherty joined Chamberlain Manufac- Commission, SIAS is the first Chinese institu- room. When the new facility opens in the sum- tion permitted by the Chinese State Degree turing Corporation’s Scranton Division in July, mer of 2010, Navy and VA will fully integrate Office to offer core classes in Western Civili- 1963, as a draftsman in the engineering de- the two organizations by combining clinical zation, Sociology and Government, providing and administrative operations. partment. In July, 1972, he was promoted to students the ability to explore new ways to Operations Manager and, in July of 1978, he In order to fully integrate the two institutions, think about business and liberal arts. SIAS was transferred to Chamberlain’s New Bed- International University is also the first solely though, a few statutory changes are required. ford, Maine operation as Assistant General American-owned University in Central China; This legislation would give the Defense De- Manager. thus, Chinese students earn both Chinese and partment and the VA the authority needed to American education degrees and are able to open an integrated federal health care facility In 1986, Mr. Flaherty was promoted to Vice President and General Manager of the New apply their skills within trans-national corpora- in 2010. The bill authorizes the departments to tions and enterprises. transfer property and personnel as needed Bedford, Maine, operation. He served in that Fort Hays State University and all of West- and in a manner consistent with existing law capacity until July, 1991, when the New Bed- ern Kansas benefit from this relationship. The governing transfers of civilian federal employ- ford operation ceased production and he relo- university has seen an increase in the number ees between agencies. cated back to Scranton as Vice President and of international students on campus which en- General Manager of that division. In 2003, Mr. riches the learning experiences for students, Our bill also extends the VA/DOD Health Flaherty was named President of Chamberlain faculty, and administrators. Additionally, the Care Sharing Incentive Fund until 2020 from Manufacturing Corporation. In July, 2006, community has benefitted from numerous pro- its current expiration date of 2010. The daily General Dynamics Ordnance and Tactical grams that have been created to share music, operations at Lovell Hospital will be so inte- Systems acquired Chamberlain. Mr. Flaherty art and culture with these international stu- grated that it will be difficult to determine remained in Scranton as Vice President and dents. whose resources produced the care given, The partnership between SIAS International General Manager. whether VA or DoD. This account is funded by University and Fort Hays State University is both the VA and DOD, and both departments Mr. Flaherty is a member of the ARMS Pub- the perfect example of our world flattening—of agree that it is the most appropriate mecha- lic Private Task Force Executive Advisory east meeting west. Even the architecture on nism to fund the joint facility and give its lead- Committee and the Industrial Committee of the SIAS campus, including the main adminis- ership the greatest flexibility to operate in a Ammunition Producers. He is also past presi- tration building, symbolizes this marriage of combined manner. dent of the board of directors of the Northeast cultures, with one side representing the For- bidden City in classical Chinese architecture, Finally, our legislation designates Lovell Pennsylvania Industrial Resource Center; serves on the board of directors of the local and the other modeled after our own United Hospital as a military treatment facility, a tech- States Capitol Building. This western-inspired chapter of the Salvation Army; is a member of nical designation needed to prevent military campus serves as an appropriate environment retirees under the TRICARE system from The Lions Club and was an elected member for a new way of thinking for the Chinese stu- being forced to make costly co-payments of the Moscow Borough Council. dents and faculty. when they receive care at the joint facility. In February, 2009, Mr. Flaherty was in- The friendship between the United States of Given that the inpatient, surgical, mental ducted into the Ancient Order of St. Barbara, America and the People’s Republic of China health, and emergency services are already the patron saint of the U.S. Army Field Artil- fosters an exchange of cultural richness and combined, thousands of TRICARE bene- lery, for 45 years of service to our soldiers. A advances our mutual aspirations. The relation- ficiaries in northern Illinois and southern Wis- son of the late James and Jean Joyce ship between SIAS International University and Fort Hays State University is one part of consin are already subject to co-pays that Flaherty, he and his wife, Sheila, have two this paradigm. Both China and America must should not come out of their pocket. The vi- children and five grandchildren. work diligently to preserve this friendship and sion for Lovell Hospital is to provide care for Madam Speaker, please join me in con- search for ways to recognize accomplishments active duty sailors, DOD beneficiaries, and gratulating Mr. Flaherty on this auspicious oc- when they are due. And today, recognition is veterans side-by-side in one fully integrated casion. His commitment to his family, his pro- due to SIAS International University for ten facility. The integration has been so success- fession and his community has earned him years of success. ful, we need to update current law to recog- widespread respect throughout the region. Madam Speaker, I ask you to join me in nize that Lovell Hospital serves both veterans congratulating the Founder and Chairman of and Navy personnel. SIAS International University, Mr. Shawn

VerDate Nov 24 2008 04:02 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MR8.022 E03MRPT1 rfrederick on PROD1PC67 with REMARKS E532 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 2009 Chen, as well as President Li Haijun for their INTRODUCTION OF THE RESTOR- HONORING KENNETH W. extraordinary work. Also, please help me rec- ING THE INTEGRITY OF AMER- MACGREGOR ognize Fort Hays State University President ICAN STATISTICS ACT OF 2009 Dr. Edward H. Hammond, Provost Dr. Larry HON. DALE E. KILDEE Gould, Assistant Provost for Strategic Partner- HON. CAROLYN B. MALONEY OF MICHIGAN ships Cindy Elliott, and the many others who OF NEW YORK IN THE HOUSE OF REPRESENTATIVES have help foster this relationship and contrib- IN THE HOUSE OF REPRESENTATIVES Tuesday, March 3, 2009 uted to ten years of remarkable results. It is Tuesday, March 3, 2009 my hope that SIAS International University can Mr. KILDEE. Madam Speaker, I rise today continue its success in enriching the lives of Mrs. MALONEY. Madam Speaker, today, I to pay tribute to Kenneth W. MacGregor. Ken- students and communities both in China and am reintroducing a very important piece of leg- neth passed away on January 9, 2009 after here in America for decades to come. islation with my colleagues Mr. DENT, Mr. battling cancer. He was an outstanding advo- GONZALEZ, Mr. RUPPERSBERGER, and Mr. GER- cate for public education and providing a bet- LACH to establish the Census Bureau as an ter future for our children. f independent agency. Because the founding fa- After graduating from Michigan State Uni- RECOGNIZING BEACON GROUP SW thers believed it to be indispensable to the versity, Kenneth taught high school govern- AND THE ABILITYONE PROGRAM basic principles of democratic representation, ment and coached swimming. He became ac- the decennial census was given a constitu- tive in the Michigan Education Association and tional mandate. A scientific endeavor of such was instrumental in the development of their HON. GABRIELLE GIFFORDS importance should be viewed by the American Political Action Committee. Working in the OF ARIZONA public to be completely independent and non- Michigan Education Association’s Government IN THE HOUSE OF REPRESENTATIVES partisan. It is time to give the Census Bureau Relations Department, Kenneth was active in promoting education issues in both Lansing Tuesday, March 3, 2009 the independent status commensurate with the scientific agencies that are its peers, such as and Washington. He advocated for public edu- Ms. GIFFORDS. Madam Speaker, I am NASA, the National Science Foundation, and cation and public education employees at all honored to recognize the AbilityOne Program, others. Elevating the Census Bureau to the levels of government. During his 30 year ca- which in the last year, has helped more than status of an independent agency is a powerful reer he implemented strategies that made the 40,000 Americans who are blind or who have statement to the American people and their Political Action Committee a force to be reck- oned with and emulated. severe disabilities gain skills and training that leaders that the decennial census and the During Gary Owen’s tenure as the Speaker ultimately led to gainful employment. The Bea- other critical surveys conducted by the Census con Group SW implements this program in my of the Michigan House of Representatives, he Bureau are protected, and that our govern- tapped Kenneth to serve as his Director of district in Southern Arizona. ment will summon the best demographers, The AbilityOne Program, formerly known as Public Affairs. In 2001 he joined the National statisticians, scientists and managers we can Education Association’s political team and the Javits-Wagner-O’Day Program, harnesses find to lead this vital agency. the purchasing power of the federal govern- worked as the Field Manager, Government f ment to buy products and services from com- Relations West. He retired from this position in munity based non-profit agencies that are HONORING AMERICAN LEGION 2006. dedicated to training and employing individuals POST 1066 Even after his retirement, Kenneth still de- voted time to political causes. He was an ac- with disabilities. This program gives Americans tive backer of ‘‘Get out the Vote’’ campaigns. with disabilities opportunities to acquire job HON. PETER T. KING He had a can-do frame of mind and always skills and training, receive good wages and OF NEW YORK believed that students deserved the best edu- benefits, and gain greater independence and IN THE HOUSE OF REPRESENTATIVES cation possible. quality of life. This program provides essential Tuesday, March 3, 2009 Kenneth was married to Sue MacGregor for assistance to a segment of the population that Mr. KING of New York. Madam Speaker, 21 years. They have two sons and five grand- has one of the highest levels of unemployment today I rise to honor the American Legion’s children. He is also survived by his mother in our country. Post No. 1066 in Massapequa, New York and and two brothers. I am proud to acknowledge the important recognize its contributions to our country and Madam Speaker, I ask the House of Rep- work of the Beacon Group, which since 1952, their community on the occasion of its 75th resentatives to join me in honoring the mem- has provided training and employment serv- anniversary. ory of Kenneth W. MacGregor. His legacy ices to people with disabilities. The history and Members of this post have served in many lives on in the classrooms and public schools mission of the Beacon Group stands as a foreign wars including Korea, Germany, and of Michigan and across our nation. Because of clear example of why this program is a win- Vietnam, actively defending the freedoms and his life’s work, students have gained better re- ning proposition for all parties involved. liberties that we cherish so much as Ameri- sources, better teachers, and better services. In the past year the Beacon Group em- cans. Furthermore, several members of Post The public education system has lost a great ployed over 25 individuals with severe disabil- No. 1066 have also served as members of our supporter and I mourn his passing. ities through AbilityOne contracts. With the local police and fire departments, as well as f help of AbilityOne and other programs the local emergency responders. As the Ranking THE INTRODUCTION OF A BILL Beacon Group served over 1,700 individuals Member of the House Homeland Security and their families in the community. THAT WILL ADDRESS THE NEED Committee, I am particularly appreciative of FOR A FOURTH PERMANENT The direct impact of these services on the their dedication and hard work. lives of Americans with disabilities cannot be JUDGESHIP FOR THE DISTRICT Over the years, these veterans have served OF HAWAII overstated. For an individual with a severe dis- my district on Long Island in a number of ability who has never had the opportunity to ways. They have opened their doors to the hold a job, be independent, participate in com- community to serve as a food collection site HON. MAZIE K. HIRONO munity life, or contribute their talents to soci- for the Interfaith Nutritional Network and to OF HAWAII ety; the AbilityOne Program and agencies like collect items to send to our servicemen in Iraq IN THE HOUSE OF REPRESENTATIVES the Beacon Group are invaluable. and Afghanistan. Additionally, they have col- Tuesday, March 3, 2009 I am pleased to acknowledge the tremen- laborated with the American Red Cross to act Ms. HIRONO. Madam Speaker, I rise today dous accomplishments of the AbilityOne Pro- as a disaster shelter for their neighborhood. to introduce with Congressman ABERCROMBIE gram and the dedication and commitment of They actively support local charities and host a bill that would convert the fourth temporary Steven R. King the President and CEO of the fundraisers for their benefit. judgeship for the District of Hawaii to perma- Beacon Group and his staff. Each day they I am proud to represent these veterans who nent judgeship status. assist individuals with disabilities to find mean- have served our country. They duly deserve The fourth temporary judgeship for the Dis- ingful employment and assume their rightful praise for their continued participation as ac- trict of Hawaii was created in 1990 by Public place in our nation’s workforce. I also want to tive citizens of New York and the United Law 101–650. Although the judges appointed commend each AbilityOne employee for their States. I would like to thank them for their to temporary judgeships have lifetime appoint- hard work and their participation in this impor- leadership and continued service to our coun- ments, legislation creating temporary judge- tant program. try. ships usually specifies that the first vacancy in

VerDate Nov 24 2008 04:10 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MR8.024 E03MRPT1 rfrederick on PROD1PC67 with REMARKS March 3, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E533 the district cannot be filled after a certain date. development used a simple ham radio to com- and attended her first women’s rights conven- In the 1990 bill, this time frame was deter- municate from space to Earth. The creation of tion in Syracuse in 1852. At that convention mined to be ten years after each temporary Amateur Radio on the International Space she was inspired to join the fight for women’s judgeship was filled. That meant that Hawaii Station was essential because it allowed suffrage, asserting that this was ‘‘the right could not fill a temporary vacancy occurring schools to speak with astronauts and learn women needed above every other.’’ The first after October 2004. about space exploration. Dr. Parise estab- proposal for women’s suffrage was presented Currently, the District of Hawaii has four ac- lished the radio communication link that in- to Congress in 1868, and the first formal wom- tive judges. However, if any of these judges spired countless students to study and seek en’s suffrage amendment to the Constitution become inactive, by taking senior status or careers in vitally important scientific fields. of the United States was introduced in Janu- otherwise, the district will not be able to re- This radio connection brought about the inter- ary 1878. For 35 years after that first proposal place that judge because of the ten-year limi- est and devotion to outer space that we see was made, Susan Brownell Anthony appeared tation, which has long passed. This would today. before every Congress to ask for passage of place a great burden on not only the three re- Dr. Parise also pioneered the operation of a a suffrage amendment, demonstrating her un- maining active judges, but also on the litigants telescope in space. He completed hundreds of wavering dedication to the cause. Her last themselves, especially civil litigants. Due to observations regarding ultraviolet rays and x- public words before her death on March 13, the right to speedy trial, felony cases regularly rays in space. Dr. Parise’s observations cre- 1906 were ‘‘Failure is impossible.’’ bump civil trials off the calendar, leading to ated a greater understanding of how celestial Unfortunately, Susan Brownell Anthony did long delays to get to court for civil litigants. objects affect the birth of a star. These obser- not live to see her dream of women’s suffrage Civil cases include disputes involving personal vations also expanded our knowledge of the become a reality, but thankfully her heroic ef- injury, civil rights, the environment, business, complex life cycle of a star. As recognition for forts were not in vain. On May 21, 1919, the and other non-criminal matters. his accomplishments, NASA awarded Dr. House of Representatives passed the 19th The Judicial Conference of the United Parise twice with its Space Flight Medal. amendment, and two weeks later, the Senate States has previously recommended that Ha- However, Dr. Parise’s love of science did followed. The Secretary of State, Bainbridge waii’s fourth temporary judgeship be converted not end after his last space flight. After leaving Colby, certified the ratification on August 26, to permanent status. The conversion was in- NASA, he continued to inspire students to pur- 1920. The text of the 19th amendment states cluded in the 2007 Judicial Conference Judge- sue careers in science as a motivational that ‘‘The right of citizens of the United States ship Biennial Recommendation. speaker. He traveled to many different schools to vote shall not be denied or abridged by the I look forward to working with my colleagues to spread his enthusiasm and knowledge of United States or by any State on account of on this and other initiatives that will address science. sex. Congress shall have power to enforce our need for additional federal judgeships Dr. Parise led an impressive public life, but this article by appropriate legislation.’’ across the country. he also led an impressive family life. Ron The United States has previously recog- f Parise was known as a man who put his fam- nized Susan Brownell Anthony’s tremendous ily and friends first and always valued the rela- contributions to our Nation. To commemorate TRIBUTE TO DR. RONALD tionships in his life, especially his relationships her legacy, a marble statue of her and her ANTHONY PARISE with his wife and two children. women’s rights colleagues, Lucretia Mott and After a long and courageous battle with can- Elizabeth Cady Stanton, was dedicated in the HON. TIM RYAN cer, Dr. Ronald Anthony Parise passed away United States Capitol in 1921. Susan Brownell OF OHIO at the age of fifty-seven on May 9, 2008. Dr. Anthony’s picture appeared on postage IN THE HOUSE OF REPRESENTATIVES Ronald Anthony Parise touched countless stamps in 1936 and 1955. Her home in Roch- Tuesday, March 3, 2009 lives through his contributions to his commu- ester, New York, has been a National Historic nity, his nation, and the world of science, and Landmark since 1966, and in 1979, her image Mr. RYAN of Ohio. Madam Speaker, I rise for this he will never be forgotten. was placed on a dollar coin. today in recognition of Dr. Ronald Anthony f I am proud that the work of Susan Brownell Parise. Dr. Parise led an admirable life of Anthony and her fellow suffragists has been service to our country through his dedication PERSONAL EXPLANATION acknowledged and honored in these ways. to the space program and his exemplification However, as the founder and leader of the of the ideals of good citizenship. HON. STEVE KING women’s movement in the United States, Dr. Parise was a distinguished native of OF IOWA Susan Brownell Anthony deserves a perma- Warren, Ohio, a graduate of Western Reserve IN THE HOUSE OF REPRESENTATIVES nent place in our history. Passage of the High School and a physics graduate of Susan Brownell Anthony Birthday Act would Tuesday, March 3, 2009 Youngstown State University in 1973. He de- make March 3 the first Federal holiday that veloped one of his deepest, life-long interests Mr. KING of Iowa. Madam Speaker, on roll- celebrates the birthday of a woman, and at the age of eleven when he became li- call No. 89 I was not able to reach the House would allow all women and men in the United censed for Amateur Radio. Dr. Parise’s love of floor to cast my vote before the vote was States to celebrate and honor the legacy of a radio guided his life of research and explo- closed. Had I been present, I would have true American hero. ration from his academic work to his work in voted ‘‘no.’’ f space. f While at Youngstown State University, Dr. CONGRATULATING THOMAS J. Parise’s interest in astronomy and exploration THE SUSAN BROWNELL ANTHONY HROMISIN flourished. He was a prominent member of the BIRTHDAY ACT Astronomy Club at Youngstown State and a HON. PAUL E. KANJORSKI technician at the planetarium. After graduating HON. CAROLYN B. MALONEY OF PENNSYLVANIA from Youngstown State, Dr. Parise furthered OF NEW YORK IN THE HOUSE OF REPRESENTATIVES his education by earning a Master’s degree IN THE HOUSE OF REPRESENTATIVES and a doctorate at the University of Florida. Tuesday, March 3, 2009 In 1984, Dr. Parise was selected by NASA Tuesday, March 3, 2009 Mr. KANJORSKI. Madam Speaker, I rise to be a payload specialist. He made two re- Mrs. MALONEY. Madam Speaker, I rise today to ask you and my esteemed colleagues markable trips into outer space, once in 1990 today, in honor of Women’s History Month— in the House of Representatives to pay tribute aboard the space shuttle Columbia mission along with my Democratic colleague Con- to Mr. Thomas J. Hromisin, the 2009 recipient ASTRO–1 and once in 1995 aboard the space gressman MICHAEL ARCURI—to introduce the of the Man of the Year Award from the Great- shuttle Endeavor mission ASTRO–2. Dr. Susan Brownell Anthony Birthday Act. This bill er Pittston Friendly Sons of St. Patrick. Parise logged an astonishing total of 614 will designate the third Monday in February as Mr. Hromisin is a son of Jerry and Mary hours in space and traveled 10.6 million miles. a day to celebrate the legacy of Susan Ellen Hoban Hromisin, having been born April As payload specialist, Dr. Parise took his Brownell Anthony, a pioneer of the women’s 30, 1983. admiration of astronomy and his respect of rights movement, and its leader for more than He attended St. John the Baptist Elemen- radio to a new level. He used his passion for 50 years. tary School and Seton Catholic High School astronomy and radio to develop Amateur Born on February 15, 1820, Susan Brownell where he graduated in 2001 as vice president Radio on the International Space Station. This Anthony met Elizabeth Cady Stanton in 1851 of the senior class. He has been a lifelong

VerDate Nov 24 2008 04:02 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MR8.029 E03MRPT1 rfrederick on PROD1PC67 with REMARKS E534 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 2009 member of St. John the Evangelist Parish in award that can be made to these and the gram, PVHS students have contributed their Pittston, where he has served as an acolyte other CTSA-recipient institutions. These fund- passion, intelligence, and creativity to organi- and Eucharistic Minister. ing challenges have had dire consequences zations across the United States and the Mr. Hromisin attended the University of for the program’s implementation and have se- world. They have served people in need and Scranton on a four-year ROTC scholarship, riously impeded its very necessary expansion. helped communities address some of our majoring in criminal justice. As a Cadet, he at- As an ardent supporter of NIH, I thank most difficult problems. tended Airborne School at Fort Benning, Geor- Chairman OBEY on the increased NIH funding Today we face challenges that threaten the gia. He also attended Cadet Troop Leadership in both the FY09 Omnibus Appropriations bill world economy, our national security, and the Training with a psychological operations unit and the American Recovery and Reinvestment environment that makes life on earth possible. at Fort Bragg, North Carolina. He was also a Act. To meet these challenges and ensure that fu- competitor on the Ranger Challenger Team. f ture generations can realize their full potential, Upon graduation, Mr. Hromisin received the we must embrace what the President has distinguished graduate award in the fields of HONORING THE DELAWARE COUN- called a ‘‘new era of responsibility in America.’’ criminal justice and military science and he TY FIRE POLICE ASSOCIATION PVHS students have answered this call and was commissioned a second lieutenant in the set an example for all citizens to follow. Con- United States Army on May 28, 2005. HON. JOE SESTAK gratulations to Pleasant Valley Community After completion of the Infantry Officer’s OF PENNSYLVANIA High School and thank you. Basic Course and attending Ranger School, IN THE HOUSE OF REPRESENTATIVES f he was stationed at Fort Lewis, Washington in April 2006. He was promoted to first lieutenant Tuesday, March 3, 2009 WANDA RIDDLE in January 2007, and served as a mobile gun Mr. SESTAK. Madam Speaker, I rise today system platoon leader in the 4th Stryker Bri- to honor the courage and dedication of The HON. SAM GRAVES gade, 2nd Infantry Division. Delaware County Fire Police Association. OF MISSOURI During his unit’s deployment in support of These exceptional first responders are often IN THE HOUSE OF REPRESENTATIVES Operation Iraqi Freedom, he led his unit on 20 overlooked by many communities in our na- combat patrols and was critically wounded by tion. However, I am proud to say that is not Tuesday, March 3, 2009 a sniper on May 29, 2007, resulting in blind- the case in the 7th Congressional District of Mr. GRAVES. Madam Speaker, it is with ness and a traumatic brain injury. His recovery Pennsylvania. great pride and pleasure that I rise today to has included a month at the National Naval In the past two years I have come to appre- recognize the outstanding service of Wanda Medical Center in Bethesda, Maryland; seven ciate and respect the invaluable service these Riddle at Sullivan County Memorial Hospital months at the Drucker Brain Injury Center at essential citizens provide to their neighbors on the occasion of celebrating 50 years as a Moss Rehab, Philadelphia, Pennsylvania, and and brothers and sisters in our Fire and Police Registered Nurse. six months at the Veterans Affairs Medical Departments. Were it not for the training and Wanda graduated from the College of St. Center, Rehabilitation for the Blind in West bravery of the Fire Police, those initial mo- Teresa as a Registered Nurse, and began her Haven, Connecticut. ments, as a tragedy unfolds, would be chaotic career at Sullivan County Memorial Hospital in In September 2007, Mr. Hromisin was pro- and exponentially more dangerous. For it is 1955. She has dedicated almost her entire ca- moted to captain. At that time, he was award- the Fire Police who, when a situation is still reer to the hospital in Milan, MO and the com- ed the Bronze Star, the Purple Heart, the uncertain, stand in the breech to afford other munity it serves. Wanda has had many ac- Army Commendation Medal and the Combat first responders the time, space and security complishments throughout her career, includ- Infantryman Badge. Mr. Hromisin resides at they require to do their jobs. ing starting the Sullivan County Ambulance his home in Pittston, Pennsylvania, and con- As we learned tragically on September 11, Service at the hospital in the 1980s. She has tinues to receive outpatient therapy. 2001, the earliest moments of a crisis demand also taught CNA classes, attended numerous Madam Speaker, please join me in com- the greatest caution, experience and commu- inservice/education for cardiac and EKG inter- mending Mr. Hromisin for the extraordinary nication. I thank the Delaware County Fire Po- pretations, and has been a mentor to the en- and courageous service he has given to his lice Association for generations of public serv- tire nursing staff at Sullivan County Memorial country and for the profound sacrifices he has ice. By consistently arriving at the right time Hospital. made in the defense of freedom and the pro- and being in the right place they have saved Wanda has earned the gratitude and re- tection of his fellow Americans. untold numbers of lives and valuable, often ir- spect of her colleagues and fellow citizens of f replaceable property and possessions. Sullivan County, Missouri. Her life’s dedication OMNIBUS APPROPRIATIONS ACT, Madam Speaker, I ask that our nation take and hard work should serve as an example to 2009 this moment to offer our thanks and apprecia- the rest of us on how we can better serve tion to a group of hometown heroes, the Dela- each other and our communities. SPEECH OF ware County Fire Police Association. Madam Speaker, I ask my colleagues to join f with me in commending Wanda Riddle for her HON. MICHAEL E. CAPUANO dedicated service to Sullivan County Memorial OF MASSACHUSETTS HONORING PLEASANT VALLEY Hospital. I know Wanda’s colleagues, family IN THE HOUSE OF REPRESENTATIVES HIGH SCHOOL and friends join with me in thanking her for her Wednesday, February 25, 2009 commitment to others and wishing her happi- Mr. CAPUANO. Mr. Speaker, I rise today in HON. BRUCE L. BRALEY ness and good health for years to come. support of the Clinical and Translational OF IOWA f Science Award (CTSA) Program at the Na- IN THE HOUSE OF REPRESENTATIVES STATEMENT RECONGIZING THE tional Institutes of Health (NIH). The CTSA Tuesday, March 3, 2009 program is a noteworthy initiative with the po- CONTRIBUTIONS OF THE JOLIET tential to enhance and invigorate our nation’s Mr. BRALEY of Iowa. Madam Speaker, I PARK DISTRICT clinical and translational research enterprise. rise today to congratulate and thank the stu- As the representative from the 8th Congres- dents, faculty, administrators, staff, and par- HON. DEBORAH L. HALVORSON sional District of Massachusetts, I am espe- ents of Pleasant Valley Community High OF ILLINOIS cially pleased that the program makes signifi- School. Pleasant Valley students have now IN THE HOUSE OF REPRESENTATIVES cant efforts to create new clinical research contributed over 100,000 hours of service as Tuesday, March 3, 2009 homes in academic settings and, so, strength- part of the innovative PVHS Service Learning en our nation’s current and future research in- Program. Mrs. HALVORSON. Madam Speaker, I rise frastructure. Furthermore, I am quite proud In 2003, the PVHS community decided it today to recognize the Joliet Park District. The that Boston institutions; Boston University, was essential to teach students the impor- park district is the 2009 recipient of the ‘‘Sa- Harvard University, and Tufts University are 3 tance of community service and civic responsi- lute to Accomplishment’’ Award from the Joliet of the 38 sites that currently comprise the bility. The school district created a bold serv- Region Chamber of Commerce. I join the growing CTSA network. ice-learning program that requires all students Chamber of Commerce in saluting the Joliet Over the past few years, roughly level fund- to complete seventy hours of service before Park District for its long record of service to ing for NIH has severely limited the size of the they graduate. Since the inception of the pro- the residents of Joliet, Illinois.

VerDate Nov 24 2008 04:02 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MR8.033 E03MRPT1 rfrederick on PROD1PC67 with REMARKS March 3, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E535 For 85 years, the Joliet Park District has them many more years of prosperous busi- vanced Materials Innovation Center. The Ad- played an integral role in the lives of its resi- ness. vanced Materials Innovation Center at dents. The park district has enriched the lives f Clemson’s Advanced Materials Center in An- of residents in a variety of areas providing op- derson County will serve as a research and portunities for fitness, entertainment, and EARMARK DECLARATION development campus for start-up companies recreation as well as serving as an example devoted to cutting-edge research, develop- for environmental stewardship. HON. J. GRESHAM BARRETT ment, and job creation in the advanced mate- Partnering with Provena Saint Joseph Med- OF SOUTH CAROLINA rials field. The Innovation Center will house ical Center, the park district runs the Saint Jo- IN THE HOUSE OF REPRESENTATIVES fledgling high-technology companies that focus on such advanced materials as optics, nano- seph Inwood Athletic Club. The center was Tuesday, March 3, 2009 recognized with the Community Partnership technology, and biomaterials. It will also pro- Award for Youth Fitness from the Illinois De- Mr. BARRETT of South Carolina. Madam vide space for entrepreneurial start-ups and partment of Human Services. It is also known Speaker, pursuant to the Republican Leader- Clemson University spin-off companies. These as a state-of-the art work of architecture. ship standards on earmarks, I am submitting federal funds will be used to develop labora- The Joliet Park District provides fun for all the following information regarding earmarks I tories at the Advanced Materials Innovation ages. Nearly 1,500 children participated in the received as part of the House passed version Center. With many manufacturing jobs going district’s youth soccer program. Residents may of H.R. 1105. overseas, there is a critical need in the United also participate in basketball, baseball, Requesting Member: Congressman J. States, and particularly in South Carolina, of volleyball, softball, hockey, and golf. Splash GRESHAM BARRETT incubators such as the Advanced Materials In- Station Water Park is a place where over Bill Number: H.R. 1105 novation Center to accelerate the creation of 300,000 persons choose to escape the heat Provision: Division B, COPS Law Enforce- knowledge-based companies. The United and 2,000 persons received swimming les- ment Technology Grants States must also continue to develop new ad- sons. World-class musicians have entertained Legal Name of Requesting Entity: County of vanced materials to ensure continued military young and old at the annual Taste of Joliet. Anderson, SC superiority. It is my understanding that $9.5 Due to its commitment to a better environ- Address of Requesting Entity: 101 S. Main million in funding is expected to be provided ment, Joliet Park District has received grants St, PO Box 8002, Anderson, SC 29622 by non-federal sources for this project. I certify from the State of Illinois. The district received Description of Request: The purpose of this that neither I nor my spouse has any financial an Illinois Clean Energy Grant for an upgrade appropriation is to provide $50,000 to be used interest in this project. to its multi-purpose building that included en- in implementing 800 megahertz radio tech- Requesting Member: Congressman J. ergy efficient lighting. The Illinois Department nology for emergency responders. The nine GRESHAM BARRETT of Natural Resources contributed to the com- EMS providers in Anderson County responded Bill Number: H.R. 1105 Provision: Division C, Title III Department of pletion of its Bird Haven Greenhouse. to approximately 21,000 calls for assistance in Energy, Section: Congressional Directed En- Once again, congratulations to the Joliet 2008 and the numbers increase each year. By ergy Efficiency and Renewable Energy Park District. I know this treasured institution converting over to the Palmetto P25 / 800mhz interoperable communications system, EMS Projects Account will continue to prosper. Legal Name of Requesting Entity: Clemson f squads will experience approximately 95% radio coverage when responding to calls. With University Address of Requesting Entity: 300 Brackett CONGRATULATING PHOENIX ANAL- the current VHF radio system, EMS squads Hall Box 5702 Clemson University Clemson, YSIS & DESIGN INCORPORATED now have only approximately 65% radio cov- ON ITS 15TH ANNIVERSARY SC 29634 erage within Anderson County. I certify that Description of Request: The purpose of this neither I nor my spouse has any financial in- appropriation is to provide $951,500 in funding HON. HARRY E. MITCHELL terest in this project. to construct and operate a pilot plant at a OF ARIZONA Requesting Member: Congressman J. brownfield industrial site in Charleston, SC, to IN THE HOUSE OF REPRESENTATIVES GRESHAM BARRETT scale-up commercially viable technology for Bill Number: H.R. 1105 Tuesday, March 3, 2009 conversion of cellulosic feedstocks from the Provision: Division E, EPA, STAG Water coastal plains, i.e. trees, wood residuals, and Mr. MITCHELL. Madam Speaker, I rise and Wastewater Infrastructure Project row crops, to bio-fuels and other higher value today to commemorate the fifteenth anniver- Legal Name of Requesting Entity: Oconee products. Currently, biofuels are the only alter- sary of Phoenix Analysis & Design Tech- Joint Regional Sewer Authority native that can be readily incorporated into the nologies Incorporated, a mechanical engineer- Address of Requesting Entity: PO Box 399, existing petroleum-based transportation infra- ing company in my home town of Tempe, Ari- Seneca, SC 29679 structure. The development of commercially- zona. Description of Request: The purpose of this viable biomass facilities will help our nation Phoenix Analysis & Design was established appropriation is to provide $500,000 to be move away from dependency on traditional in 1994 and has since become an important used for the construction of 125,000 GPD fossil fuels and towards energy independence, member of the Arizona business community. It Phase I Wastewater Treatment Facility at all without affecting our nation’s food supply. has served as a leading consultant and pro- Golden Corner Commerce Park and upgrade Approximately $50,000 (5%) will go towards vider of mechanical engineering services in of wastewater treatment plant to 100,000 GPD site utilities/grading; $680,000 (71%) will go to- the Southwest for fifteen years and continually at SC Welcome Center. Infrastructure added wards building structure; and the remainder sets the standard for excellent customer serv- to this region provides for job creation, en- (24%) will go towards process equipment, ice. hanced investment and development resulting support utility systems and construction fees. The business thrives because it is com- in an improved economy. In addition to federal In addition to federal funding, Clemson Uni- mitted to innovation and employee participa- funding, the Oconee Joint Regional Sewer Au- versity will contribute in-kind and financial re- tion. It has increased its employment base thority has secured a $1 million grant from the sources, including over $1.5 million in re- from the initial four founders to 50 employees, state, and approximately $2.8 million from sources already committed. It is also expected and the personal integrity of each employee county government to fund the project. I certify that private industry will provide a total of $6– shines brightly with their timely and efficient that neither I nor my spouse has any financial 8 million for the project. I certify that neither I service. Each member of the company is ex- interest in this project. nor my spouse has any financial interest in tremely talented and continually strives to Requesting Member: Congressman J. this project. master the new technologies of their field. GRESHAM BARRETT Requesting Member: Congressman J. If one were to choose a place in Tempe to Bill Number: H.R. 1105 GRESHAM BARRETT represent what the community should value, Account: Small Business Administration, Bill Number: H.R. 1105 that place would be Phoenix Analysis & De- Salaries and Expenses Provision: Division I, Title I Department of sign Technologies. Legal Name of Requesting Entity: Clemson Transportation, Account: Transportation, Com- The success and longevity of this local com- University munity, and System Preservation Account pany is a model for independent businesses. Address of Requesting Entity: 201 Sikes Legal Name of Requesting Entity: Laurens It is for these reasons and more that I ask you Hall, Clemson, SC 29634 County, SC to join me in congratulating Phoenix Analysis Description of Request: I have secured Address of Requesting Entity: 3 Catherine & Design on this accomplishment and wish $100,000 for the Clemson University Ad- Street, Laurens, SC 29360

VerDate Nov 24 2008 04:02 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\K03MR8.008 E03MRPT1 rfrederick on PROD1PC67 with REMARKS E536 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 2009 Description of Request: The purpose of this Savannah Long-Range Transportation Plan. FY08 levels and an integral part of Northeast appropriation is to provide $285,000 in funding This request is consistent with the intended Ohio’s economic recovery. to widen approximately 5,400 linear feet of purpose of the Federal Highway Administra- However, I am deeply saddened and frus- U.S. Highway 221 between the Hunter/Flem- tion and is a continuation of funding from fiscal trated by sections of the State and Foreign ing-Smith Industrial Site and the City of year 2008. The County of Orangeburg has Operations portion of this bill that continue Laurens. This highway improvement project committed $2 million to the project and the counterproductive policies regarding the Mid- will allow for increased volume and greater state of South Carolina has committed an ad- dle East and drug policy. I am hopeful that safety for commuter and truck traffic to and ditional $3 million. I certify that neither I nor with the leadership of President Obama a new from the expanding Hunter/Fleming-Smith In- my spouse has any financial interest in this U.S. policy on the Middle East will emerge. It dustrial Site and surrounding areas. The In- project. is time for the U.S. to move beyond the biased dustrial Site plays an important role in the eco- f policy contained in this portion of the bill. nomic development of Laurens County. This The surest way for this body to ensure the request is consistent with the intended pur- OMNIBUS APPROPRIATIONS ACT, safety and security of Israel while encouraging pose of the Federal Highway Administration. 2009 peace in the Middle East is to craft a policy In addition to this federal funding, Laurens will that encourages Israel to end the blockade of SPEECH OF be providing approximately $333,000 for the Gaza and the occupation of Palestinian lands. project. I certify that neither I nor my spouse HON. DENNIS J. KUCINICH The U.S. must also call on Israel to implement has any financial interest in this project. OF OHIO a freeze on settlement building. Requesting Member: Congressman J. IN THE HOUSE OF REPRESENTATIVES Instead this bill undermines any effort to po- sition the U.S. as an honest broker for peace GRESHAM BARRETT Wednesday, February 25, 2009 Bill Number: H.R. 1105 in the region. The bill gives $75 million in Provision: Division I, Title I Department of Mr. KUCINICH. Mr. Speaker, I rise today in funding for aid to be shared between Gaza Transportation, Account: Transportation, Com- support of the Omnibus Appropriations Act, and the West Bank while giving $2.4 billion in munity, and System Preservation Account despite many severe misgivings I have with grants for Israel including $670 million for pro- Legal Name of Requesting Entity: Orange- the legislation. curement of military equipment alone. Adding burg County, SC Last night the President gave us a frank and to this extreme imbalance, the bill also places Address of Requesting Entity: 1437 Amelia candid assessment of the dire situation of our far more restrictions on the humanitarian aid Street, Orangeburg, SC 29115 economy, and I remain committed to ensuring to Gaza than on the arms funding for Israel. Description of Request: The purpose of this that appropriations bills reflect an appropriate If the U.S. was an honest broker of peace, the appropriation is to provide $95,000 in funding federal response. This bill will strengthen the reverse would be true. The United Nations has for the installation of an interchange at the social safety net so that individuals and fami- declared in no uncertain terms that peace in intersection of US Highway 301 and I–95 in lies that have been affected by the recession the Middle East, which is the best way for Orangeburg County. Currently, U.S. Highway can meet their daily needs. This bill includes Israel to achieve security, cannot be achieved 301 stops at the intersection of I–95, causing substantial and badly needed increases in militarily. By favoring arms over aid, this bill the 301 traffic to enter onto an extremely busy funding for food assistance to combat starva- takes us in the wrong direction during a time portion of I–95 for just one mile in order to exit tion and malnutrition in the elderly and those when relations between Gaza and Israel are off onto Hwy 6. This highway improvement will of modest income. particularly strained. help traffic flow more smoothly and support The Ohio Department of Job and Family This bill also includes funding for counter- the planning for an intermodal transportation Services has been inundated by a surge in narcotics initiatives in Afghanistan, Mexico, facility as well as distribution centers and unemployment claims. Constituents have Colombia, and other regions in Latin America, transportation-related businesses. This inter- called my office to tell me that they cannot continuing supply-side interdiction efforts that change is included on the State Transportation even get through on the phone to speak to have done nothing to disturb the flow of illicit Infrastructure Plan (STIP) as part of the Lower someone about their claim. Facing such an drugs into our country. Research clearly dem- Savannah Long-Range Transportation Plan. extraordinary increase in demand, I am glad onstrates that money directed to domestic de- This request is consistent with the intended that the states will get some help. The bill in- mand-reduction efforts—drug treatment, drug purpose of the Federal Highway Administra- creases funding by 10% for state offices to abuse prevention, youth intervention pro- tion and is a continuation of funding from fiscal process this surge in unemployment claims. grams, and the like—is more effective at re- year 2008. The County of Orangeburg has Cleveland, unfortunately, has been at the ducing drug consumption and curtailing the committed $2 million to the project and the epicenter of the subprime mortgage and fore- flow of illicit drugs into the country. Moreover, state of South Carolina has committed an ad- closure crisis. The number of foreclosures such efforts usually increase the price of drugs ditional $3 million. I certify that neither I nor continues to increase; some neighborhoods in circulation, which only leads to increased vi- my spouse has any financial interest in this still average two foreclosures per day. Up to olence and crime in communities. So long as project. 6,000 voucher holders have yet to find afford- the demand for a product exists, enterprising Requesting Member: Congressman J. able housing in Cuyahoga County—and this drug dealers will find a way to get the drugs GRESHAM BARRETT does not include the estimated 19,000 people to those addicted to them. Bill Number: H.R. 1105 who qualify for vouchers but are forced to en- I support this bill because the needs of my Provision: Division I, Title I Department of dure a years-long waiting list. district come first, and the money in this bill Transportation, Account: Interstate Mainte- The bill increases overall funding for the De- will go far toward alleviating the stress on my nance, Discretionary partment of Housing and Urban Development constituents and my district caused by the Legal Name of Requesting Entity: Orange- by 10%. This includes increases in funding for economic downturn. However, I find it rep- burg County, SC the Public Housing Operating Fund to keep rehensible that I am also forced to support Address of Requesting Entity: 1437 Amelia the doors open in our existing public housing, these other provisions, and I look forward to Street, Orangeburg, SC 29115 the Public Housing Capital Fund to build new working with leadership and the Administration Description of Request: The purpose of this public housing, and tenant- and project-based to support policies that engage all parties and appropriation is to provide $950,000 in funding voucher programs. The bill also increases encourage peace rather than aggression. for the installation of an interchange at the funding for homeless assistance grants. f intersection of US Highway 301 and I–95 in The bill provides several other funding in- Orangeburg County. Currently, U.S. Highway creases in areas of particular need for North- INTRODUCTION OF THE PATENT 301 stops at the intersection of I–95, causing east Ohio. There is $187 million dedicated to REFORM ACT OF 2009 the 301 traffic to enter onto an extremely busy making emergency communication more reli- portion of I–95 for just one mile in order to exit able through interoperability funding. There is HON. JOHN CONYERS, JR. off onto Hwy 6. This highway improvement will a $385 million increase in funding for NASA, OF MICHIGAN help traffic flow more smoothly and support an economic anchor for the region and the IN THE HOUSE OF REPRESENTATIVES the planning for an intermodal transportation state. There is $273 million for research on facility as well as distribution centers and more fuel-efficient vehicles, which will help our Tuesday, March 3, 2009 transportation-related businesses. This inter- ailing auto industry and the other industries on Mr. CONYERS. Madam Speaker, today we change is included on the State Transportation which it relies. There is $40.7 billion in infra- are pleased to introduce the Patent Reform Infrastructure Plan (STIP) as part of the Lower structure funding, a $484 million increase over Act of 2009. The Patent Reform Act of 2009

VerDate Nov 24 2008 04:02 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\K03MR8.010 E03MRPT1 rfrederick on PROD1PC67 with REMARKS March 3, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E537 is bipartisan and largely, bicameral legislation actions with Members and their staff, Tom Address of Requesting Entity: P.O. Box 765 intended to tackle a number of problems in maintained the high quality and timely anal- Smithtown, NY 11787 our patent system. The bill reflects the sub- yses that we have come to expect of CBO. Description of Request: $285,000 for a living stantial progress made last Congress in both Tom’s breadth of knowledge, objective anal- skin bank clean room (equipment). I certify the House and Senate. Indeed, the text of the yses, and good humor are appreciated by ev- that neither I nor my spouse has any financial Patent Reform Act is in many ways a com- eryone who works with him—and next week, interest in this project. posite of the bill that passed the House and for the first time in 30 years, this Congress will Requesting Member: Rep. PETER KING the bill that was reported out of the Senate Ju- not have the benefit of his wisdom, economic Bill Number: H.R. 1105 diciary Committee last Congress. knowledge, and analytical skills as it address- Account: Labor, HHS, & Education—Health This bill is a starting point for further discus- es the critical public policy issues that face the Resources and Services Administration, sion and in the matter of inequitable conduct nation. I understand he plans to continue to Health Facilities and Services reform, I will be looking to my friend from research economic issues after his retirement Legal Name of Requesting Entity: Christa Utah, ORRIN HATCH for his insights on that from Congressional service, and we look for- House issue. It is my intention to work closely with ward to that work and wish him well in his re- Address of Requesting Entity: 720 Albin Av- him to craft language on inequitable conduct tirement. enue, West Babylon, NY 11704 that can be incorporated into the bill at a later f Description of Request: $176,000 for hos- time. pice care for the poor (physical repairs, admin- I am proud to stand today with my col- EARMARK DECLARATION istrative costs, and insurance). I certify that leagues, Representatives LAMAR SMITH, HOW- neither I nor my spouse has any financial in- ARD BERMAN, ROBERT GOODLATTE, and SHEILA HON. PETER T. KING terest in this project. JACKSON LEE to introduce this legislation that OF NEW YORK Requesting Member: Rep. PETER KING is directed toward encouraging innovation now IN THE HOUSE OF REPRESENTATIVES Bill Number: H.R. 1105 and long into the 21st century. I particularly Tuesday, March 3, 2009 Account: Transportation & HUD—Capital In- thank two of my cosponsors, HOWARD BERMAN vestment Grants Mr. KING of New York. Madam Speaker, and LAMAR SMITH, for their hard work and Legal Name of Requesting Entity: New York dedication to this endeavor through the years pursuant to the Republican Leadership Stand- City Metro Transit Authority which has provided a common-sense frame- ards on Earmarks, I am submitting the fol- Address of Requesting Entity: 347 Madison work of reforms upon which to build. lowing information regarding earmarks I re- Avenue, New York, New York 10017 This piece of legislation is among the most ceived as part of the FY2009 Omnibus. Description of Request: $209,623,898 for important things that we will work on as our Requesting Member: Rep. PETER KING the development of Long Island Rail Road Bill Number: H.R. 1105 Nation’s economic future is dependent on our East Side Access. I certify that neither I nor Account: Energy & Water—Army Corps of ability to innovate and efficiently and effec- my spouse has any financial interest in this Engineers (Construction) tively protect the products of that innovation. I project. Legal Name of Requesting Entity: U.S. look forward to working with all interested par- Requesting Member: Rep. PETER KING Army Corps of Engineers Bill Number: H.R. 1105 ties in perfecting the Patent Reform Act in the Address of Requesting Entity: 26 Federal coming months. Account: Commerce, Justice, & Science— Plaza, Room 2109, New York, NY 10278 NOAA (Operations, Research & Facilities) f Description of Request: $2,010,000 to the Legal Name of Requesting Entity: Partnership Army Corps to complete the reformulation APPRECIATION AND RECOGNITION for Mid-Atlantic Fisheries Science TO THOMAS WOODWARD study and continue monitoring a project to pro- Address of Requesting Entity: 526 Bay Ave- tect Long Island’s south shore from beach ero- nue Point Pleasant Beach, NJ 08742 sion and storm damage. I certify that neither Description of Request: $1,000,000 for a HON. JOHN M. SPRATT, JR. I nor my spouse has any financial interest in OF SOUTH CAROLINA multi-state research initiative in New York and this project. New Jersey to address data limitations re- IN THE HOUSE OF REPRESENTATIVES Requesting Member: Rep. PETER KING stricting management of summer flounder in Tuesday, March 3, 2009 Bill Number: H.R. 1105 Account: Energy & Water—Army Corps of the Mid-Atlantic. I certify that neither I nor my Mr. SPRATT. Madam Speaker, I would like Engineers (Construction) spouse has any fmancial interest in this to recognize the service of Thomas Wood- Legal Name of Requesting Entity: Town of project. ward, who is retiring on March 6 after serving Babylon Requesting Member: Rep. PETER KING the Congress with distinction for 30 years in Address of Requesting Entity: 200 East Bill Number: H.R. 1105 an extraordinary variety of ways and places. Sunrise Highway, Lindenhurst, NY 11757 Account: State & Foreign Operations—Edu- This nation and this Congress owe a great Description of Request: $465,000 for the cational & Cultural Exchange Programs debt of gratitude to this outstanding public dredging of a federal channel and placement Legal Name of Requesting Entity: U.S.-Ire- servant. Tom may be the only person—and if of appx. 1 million cubic yards of sand along land Alliance not, is certainly one of very few—who has the shoreline for erosion control at Gilgo Address of Requesting Entity: 2800 worked at GAO, CRS, and CBO. He began Beach and Robert Moses State Park. I certify Clarendon Boulevard Arlington, VA 22201 his government service in 1979 at GAO, that neither I nor my spouse has any financial Description of Request: $500,000 for the where he first became involved in analyzing interest in this project. George Mitchell Scholarship Program a na- the economy and helped produced GAO’s Requesting Member: Rep. PETER KING tionally competitive scholarship award for 12 economic outlook. In 1982, Tom went to work Bill Number: H.R. 1105 US college graduates to do a year of post- for the Congressional Research Service, Account: Energy & Water—Army Corps of graduate study at universities in Ireland and where he was a specialist in macroeconomics Engineers (Investigations) Northern Ireland. I certify that neither I nor my in the Economics Division and produced a Legal Name of Requesting Entity: Village of spouse has any financial interest in this number of studies on the banking system, Bayville project. monetary policy, and other issues. Tom was Address of Requesting Entity: 34 School Requesting Member: Rep. PETER KING detailed to the House Budget Committee in Street, Bayville, NY 11709 Bill Number: H.R. 1105 1991 and 1992, where he served as Chief Description of Request: $96,000 to complete Account: Transportation & HUD—Transpor- Economist for the Republican staff. Tom re- the feasibility phase of the benefits of a storm tation, Community, & System Preservation turned to CRS after his service on the Budget damage protection project in Bayville. I certify Legal Name of Requesting Entity: City of Committee and continued to produce and su- that neither I nor my spouse has any fmancial Glen Cove pervise high quality analyses for members of interest in this project. Address of Requesting Entity: 9 Glen Street, Congress. Requesting Member: Rep. PETER KING Glen Cove, NY 11542 In 1998, Tom became Assistant Director for Bill Number: H.R. 1105 Description of Request: $570,000 for the de- Tax Analysis at the Congressional Budget Of- Account: Labor, HHS, & Education—Health sign, engineering, and construction of the Glen fice. For the past 11 years, Tom has overseen Resources and Services Administration, Cove Connector Road. I certify that neither I the production of numerous studies, revenue Health Facilities and Services nor my spouse has any financial interest in forecasts, and cost estimates for committees Legal Name of Requesting Entity: Suffolk this project. and Members of Congress. In all of his inter- County Volunteer Firefighter Burn Center Fund Requesting Member: Rep. PETER KING

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Bill Number: H.R. 1105 Requesting Member: Rep. PETER KING Address of Requesting Entity: 335 Yaphank Account: Transportation & HUD (Buses and Bill Number: H.R. 1105 Avenue Yaphank, NY 11980 Bus Facility) Account: State & Foreign Operations—Edu- Description of Request: $500,000 for the Legal Name of Requesting Entity: City of cational & Cultural Exchange Programs planning, design, and replacement of a dete- Glen Cove Legal Name of Requesting Entity: Hofstra riorated existing bay outfall pipe. I certify that Address of Requesting Entity: 9 Glen Street, University neither I nor my spouse has any financial in- Glen Cove, NY 11542 Address of Requesting Entity: 101 Hofstra terest in this project. University Hempstead, NY 11549 Description of Request: $950,000 for the de- Requesting Member: Rep. PETER KING Description of Request: This report lan- sign, engineering, and construction of the Glen Bill Number: H.R. 1105 Cove Connector Multi-Modal Parking Hub. I guage would allow Hofstra University to apply for funding for its Center for Strategic Lan- Account: Energy & Water—Army Corps of certify that neither I nor my spouse has any fi- Engineers (FUSRAP) nancial interest in this project. guage training which will specialize in Middle Legal Name of Requesting Entity: Verizon Requesting Member: Rep. PETER KING Eastern and Central Asian languages such as Bill Number: H.R. 1105 Arabic and Persian, as well as Punjabi, Urdu, Address of Requesting Entity: 140 West Account: Transportation & HUD—Ferry and Hindi. I certify that neither I nor my Street, New York, NY 10007 Boats & Terminal Facilities spouse has any financial interest in this Description of Request: Report language to Legal Name of Requesting Entity: City of project. initiate cleanup of the former Sylvania nuclear Glen Cove Requesting Member: Rep. PETER KING fuel site in Hicksville, NY. I certify that neither Address of Requesting Entity: 9 Glen Street, Bill Number: H.R. 1105 I nor my spouse has any financial interest in Glen Cove, NY 11542 Account: Commerce, Justice & Science— this project. Description of Request: $950,000 for engi- Office of Justice Programs (Byrne Discre- Requesting Member: Rep. PETER KING neering and construction of the Glen Cove tionary Grants) Bill Number: H.R. 1105 Legal Name of Requesting Entity: Nassau Ferry Terminal. I certify that neither I nor my Account: Health and Human Services—Sub- County Coalition Against Domestic Violence spouse has any financial interest in this stance Abuse and Mental Health Administra- Address of Requesting Entity: 250 Fulton project. tion Avenue, Suite 300, Hempstead, NY 11550 Requesting Member: Rep. PETER KING Description of Request: $350,000 to create Legal Name of Requesting Entity: Tuesday’s Bill Number: H.R. 1105 a legal resource network of pro-bono attorneys Children Account: Commerce, Justice, & Science— to provide critical legal services for low-income Address of Requesting Entity: 390 COPS Law Enforcement Technology and indigent victims of domestic violence, Plandome Road, Suite 217, Manhasset, NY Legal Name of Requesting Entity: City of rape/sexual assault, and elder abuse. I certify 11030 Glen Cove that neither I nor my spouse has any financial Description of Request: $190,000 for the pri- Address of Requesting Entity: 9 Glen Street interest in this project. mary focus of the First Responder Institute will Glen Cove, NY 11542 Requesting Member: Rep. PETER KING be to provide counseling for 9/11 First Re- Description of Request: $120,000 for the Bill Number: H.R. 1105 sponders and other public safety workers in- Glen Cove Police Department for equipment Account: Commerce, Justice & Science— volved in protecting our homeland security. I and technology upgrades, surveillance equip- Office of Justice Programs (Byrne Discre- certify that neither I nor my spouse has any fi- ment, and public safety improvements to re- tionary Grants) nancial interest in this project. spond more effectively to emerging threats Legal Name of Requesting Entity: Nassau Requesting Member: Rep. PETER KING such as MS–13 and other gang activity. I cer- County Police Department Bill Number: H.R. 1105 tify that neither I nor my spouse has any finan- Address of Requesting Entity: 1490 Franklin Account: Health and Human Services—Sub- cial interest in this project. Avenue Mineola, NY 11501 stance Abuse and Mental Health Administra- Requesting Member: Rep. PETER KING Description of Request: $380,000 for an ini- tion Bill Number: H.R. 1105 tiative to reduce gun and gang violence Account: Transportation & HUD—Economic through increased surveillance, debriefings, in- Legal Name of Requesting Entity: North Development Initiatives vestigations, and undercover work. I certify Shore Child and Family Guidance Center’s Legal Name of Requesting Entity: City of that neither I nor my spouse has any financial Postpartum Depression Treatment Program Glen Cove interest in this project. Address of Requesting Entity: 480 Old Address of Requesting Entity: 9 Glen Street, Requesting Member: Rep. PETER KING Westbury Road, Roslyn Heights, NY 11577 Glen Cove, NY 11542 Bill Number: H.R. 1105 Description of Request: $147,000 to in- Description of Request: $142,500 for ren- Account: Interior & Environment—EPA crease services available to mothers and chil- ovations and streetscape improvements to the (STAG Water and Wastewater Infrastructure dren through the Maternal Depression Out- city of Glen Cove. I certify that neither I nor Project) reach Program. I certify that neither I nor my my spouse has any financial interest in this Legal Name of Requesting Entity: Suffolk spouse has any financial interest in this project. County Department of Works project.

VerDate Nov 24 2008 04:02 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MR8.038 E03MRPT1 rfrederick on PROD1PC67 with REMARKS Tuesday, March 3, 2009 Daily Digest Senate Coburn Modified Amendment No. 623, to pro- Chamber Action hibit taxpayer dollars from being earmarked to 14 Routine Proceedings, pages S2649–S2722 clients of a lobbying firm under Federal investiga- Measures Introduced: Twelve bills and two resolu- tion for making campaign donations in exchange for tions were introduced, as follows: S. 510–521, S.J. political favors for the group’s clients. Res. 13, and S. Res. 62. Page S2691 Pages S2669, S2670–73 Coburn Amendment No. 610, to prohibit funding Measures Reported: for congressional earmarks for wasteful and parochial Special Report entitled ‘‘Report on the Activities pork projects. Pages S2669–70 of the Committee on Armed Services, 110th Con- Wicker Amendment No. 607, to require that gress, First and Second Sessions’’. (S. Rept. No. amounts appropriated for the United Nations Popu- 111–5) Page S2691 lation Fund are not used by organizations which Measures Passed: support coercive abortion or involuntary sterilization. Stanley J. Roszkowski United States Courthouse: Pages S2674–76, S2678 Senate passed S. 520, to designate the United States Thune Amendment No. 635, to provide funding Courthouse under construction at 327 South Church for the Emergency Fund for Indian Safety and Street, Rockford, Illinois, as the ‘‘Stanley J. Health, with an offset. Pages S2676–77 Roszkowski United States Courthouse’’. Page S2721 Murkowski Amendment No. 599, to modify a provision relating to the repromulgation of final Measures Considered: rules by the Secretary of the Interior and the Sec- Omnibus Appropriations Act: Senate continued retary of Commerce. Pages S2677–78 consideration of H.R. 1105, making omnibus appro- A unanimous-consent agreement was reached pro- priations for the fiscal year ending September 30, viding for further consideration of the bill at 9:30 2009, taking action on the following amendments a.m., on Wednesday, March 4, 2009. Page S2721 proposed thereto: Pages S2652–58, S2659–78 Nominations Received: Senate received the fol- Rejected: lowing nominations: By 32 yeas to 63 nays (Vote No. 74), McCain Seth David Harris, of New Jersey, to be Deputy Amendment No. 592, in the nature of a substitute. Secretary of Labor. Pages S2652–58 21 Air Force nominations in the rank of general. By 33 yeas to 61 nays (Vote No. 75), Ensign 10 Marine Corps nominations in the rank of gen- Modified motion to commit the bill to the Com- eral. Pages S2721–22 mittee on Appropriations, with instructions. Page S2691 Pages S2659–63 Messages from the House: By 40 yeas to 55 nays (Vote No. 76), Hutchison Measures Referred: Page S2691 motion to commit the bill to the Committee on Ap- Additional Cosponsors: Pages S2691–92 propriations, with instructions. Pages S2663–64, S2673–74 Statements on Introduced Bills/Resolutions: Pending: Pages S2692–S2718 Coburn Amendment No. 596, to require the use Amendments Submitted: Pages S2718–21 of competitive procedures to award contracts, grants, Authorities for Committees to Meet: Page S2721 and cooperative agreements funded under this Act. Pages S2667–68 Record Votes: Three record votes were taken today. Coburn Amendment No. 608, to provide for the (Total—76) Pages S2657, S2663, S2674 Emmett Till Unsolved Civil Rights Crime Act from Adjournment: Senate convened at 10 a.m. and ad- funds already provided for the Weed and Seed Pro- journed at 7:24 p.m., until 9:30 a.m. on Wednes- gram. Pages S2668–69 day, March 4, 2009. (For Senate’s program, see the D198

VerDate Nov 24 2008 04:09 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D03MR9.REC D03MRPT1 rfrederick on PROD1PC67 with DIGEST March 3, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D199 remarks of the Majority Leader in today’s Record on SMART GRID TECHNOLOGIES AND page S2721.) INITIATIVES Committee on Energy and Natural Resources: Committee Committee Meetings concluded an oversight hearing to examine the progress on smart grid initiatives authorized in the (Committees not listed did not meet) Energy Independence and Security Act of 2007, and funded in the stimulus bill, and opportunities and DEFENSE ACQUISITIONS impediments in installation of smart grid tech- Committee on Armed Services: Committee concluded a nologies, after receiving testimony from Suedeen G. hearing to examine acquisition of major weapons sys- Kelly, Commissioner, Federal Energy Regulatory tems by the Department of Defense, and S. 454, to Commission; Patrick D. Gallagher, Deputy Director, improve the organization and procedures of the De- National Institute of Standards and Technology, De- partment of Defense for the acquisition of major partment of Commerce; Patricia Hoffman, Acting weapon systems, after receiving testimony from Mi- Assistant Secretary of Energy for Electricity Delivery chael J. Sullivan, Director, Acquisition and Sourcing and Energy Reliability; Frederick F. Butler, New Management, Government Accountability Office; Jersey Board of Public Utilities, Newark, on behalf Jacques S. Gansler, former Under Secretary of De- of the National Association of Regulatory Utility fense for Acquisition, Technology, and Logistics, De- Commissioners; Edward Lu, Google, Inc., Mountain fense Science Board Task Force on Industrial Struc- View, California; Katherine Hamilton, The ture for Transportation, College Park, Maryland; GridWise Alliance, Washington, D.C.; and Evan R. Paul G. Kaminski, National Research Council, Fair- Gaddis, National Electrical Manufacturers Associa- fax Station, Virginia; and Charles Adolph, Defense tion, Rosslyn, Virginia. Science Board Task Force on Developmental Test and Evaluation, Albuquerque, New Mexico. IRANIAN POLITICAL AND NUCLEAR REALITIES CONSUMER PROTECTIONS IN FINANCIAL Committee on Foreign Relations: Committee concluded SERVICES a hearing to examine Iranian political and nuclear re- Committee on Banking, Housing, and Urban Affairs: alities and United States policy options, after receiv- Committee concluded a hearing to examine con- ing testimony from Frank G. Wisner, former United sumer protections in financial services, after receiving States Ambassador to Zambia, Egypt, the Phil- testimony from Steve Bartlett, Financial Services ippines, and India, and Richard N. Haass, Council Roundtable, and Ellen Seidman, New America Foun- on Foreign Relations, both of New York, New York; dation, both of Washington, D.C.; and Patricia A. Mark Fitzpatrick, International Institute for Strategic McCoy, University of Connecticut School of Law, Studies, London, United Kingdom; and Karim Hartford. Sadjadpour, Carnegie Endowment for International Peace, Washington, D.C. ECONOMIC AND BUDGET CHALLENGES Committee on the Budget: Committee concluded a hear- INTELLIGENCE ing to examine economic and budget challenges for Select Committee on Intelligence: Committee met in the short and long term, after receiving testimony closed session to receive a briefing on certain intel- from Ben S. Bernanke, Chairman, Board of Gov- ligence matters from officials of the intelligence ernors of the Federal Reserve System. community.

VerDate Nov 24 2008 04:09 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D03MR9.REC D03MRPT1 rfrederick on PROD1PC67 with DIGEST D200 CONGRESSIONAL RECORD — DAILY DIGEST March 3, 2009 House of Representatives cant battlefields and associated sites of the Revolu- Chamber Action tionary War and the War of 1812, and for other Public Bills and Resolutions Introduced: 37 pub- purposes.’’. Page H2899 lic bills, H.R. 1253–1289; 2 private bills, H.R. Civil War Battlefield Preservation Act of 2009: 1290–1291; and 12 resolutions, H.J. Res. 27–36; H.R. 548, amended, to assist citizens, public and and H. Res. 203–204 were introduced. private institutions, and governments at all levels in Pages H2923–25 planning, interpreting, and protecting sites where Additional Cosponsors: Pages H2925–26 historic battles were fought on American soil during Reports Filed: There were no reports filed today. the armed conflicts that shaped the growth and de- Recess: The House recessed at 10:55 a.m. and re- velopment of the United States, by a 2/3 yea-and- nay vote of 402 yeas to 13 nays, Roll No. 92. convened at 12 noon. Page H2889 Pages H2899–H2900 Chaplain: The prayer was offered by the guest Chaplain, Rev. Lawrence L. Vollink, National Chap- Suspensions—Proceedings Postponed: The House lain, American Legion, Ypsilanti, Michigan. debated the following measures under suspension of Pages H2889–90 the rules. Further proceedings were postponed: Suspensions: The House agreed to suspend the rules Designating March 2, 2009, as ‘‘Read Across and agree to the following measures: America Day’’: H. Res. 146, to designate March 2, 2009, as ‘‘Read Across America Day’’ and Honoring the life and service of Dr. William Pages H2895–97 Spoelhof, president emeritus of Calvin College in Grand Rapids, Michigan: H. Res. 91, amended, to Commending the University of Southern Cali- honor the life and service of Dr. William Spoelhof, fornia Trojan football team for its victory in the president emeritus of Calvin College in Grand Rap- 2009 Rose Bowl: H. Res. 153, to commend the ids, Michigan and Pages H2893–94 University of Southern California Trojan football team for its victory in the 2009 Rose Bowl. Congratulating the University of Mary Wash- ington in Fredericksburg, Virginia, for more than Pages H2897–98 100 years of service and leadership to the United Privileged Resolution—Intent to Offer: Rep- States: H. Res. 77, to congratulate the University of resentative Flake announced his intent to offer a Mary Washington in Fredericksburg, Virginia, for privileged resolution. Page H2901 more than 100 years of service and leadership to the Investigative Subcommittees of the Committee United States, by a 2/3 yea-and-nay vote of 414 yeas on Standards of Official Conduct: The Chair an- with none voting ‘‘nay’’, Roll No. 93. nounced that the Speaker named the following Pages H2894–95, H2900–01 Members of the House of Representatives to be Recess: The House recessed at 1:05 p.m. and recon- available to serve on investigative subcommittees of vened at 3:31 p.m. Page H2899 the Committee on Standards of Official Conduct for Suspensions—Proceedings Resumed: The House the 111th Congress: Representatives Baldwin, agreed to suspend the rules and pass the following Carnahan, Cleaver, Davis (CA), Ellison, Gonzalez, measures which were debated on Monday, March Hirono, and Miller (NC). Page H2901 2nd: Investigative Subcommittees of the Committee Revolutionary War and War of 1812 Battlefield on Standards of Official Conduct: Read a letter Protection Act: H.R. 146, amended, to amend the from Representative Boehner, Minority Leader, in American Battlefield Protection Act of 1996 to es- which he designated the following Members of the tablish a battlefield acquisition grant program for House of Representatives to be available for service the acquisition and protection of nationally signifi- on the investigative subcommittees of the Com- cant battlefields and associated sites of the Revolu- mittee on Standards of Official Conduct during the tionary War and the War of 1812, by a 2/3 yea-and- 111th Congress: Representatives Bishop (UT), nay vote of 394 yeas to 13 nays, Roll No. 91 and Blackburn, Crenshaw, Lincoln Diaz-Balart (FL), Page H2899 Latham, Lucas, Myrick, Simpson, and Walden. Agreed to amend the title so as to read: ‘‘To es- Pages H2901–02 tablish a battlefield acquisition grant program for Senate Message: Message received from the Senate the acquisition and protection of nationally signifi- today appears on page H2890.

VerDate Nov 24 2008 04:09 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D03MR9.REC D03MRPT1 rfrederick on PROD1PC67 with DIGEST March 3, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D201 Senate Referrals: S. Con. Res. 9 was referred to the was heard from the following officials of the GAO: Committee on Energy and Commerce and S.J. Res. Robin Nazzaro, Director, for Natural Resources and 12 was referred to the Committee on the Judiciary. Environment and Frank Russo, Director for Natural Page H2922 Resources and Environment; and Mary Kendall, Act- Quorum Calls—Votes: Three yea-and-nay votes de- ing Inspector General, Department of the Interior. veloped during the proceedings of today and appear on pages H2899, H2900, H2900–01. There were no RECRUITING, RETENTION AND END quorum calls. STRENGTH OVERVIEW Adjournment: The House met at 10:30 a.m. and Committee on Armed Services: Subcommittee on Mili- adjourned at 6:21 p.m. tary Personnel held a hearing on recruiting, retention and end strength overview. Testimony was heard Committee Meetings from the following officials of the Department of Defense: Curtis Gilroy, Director, Accessions Policy, COMMERCE JUSTICE, SCIENCE, AND Office of the Under Secretary for Personnel and RELATED AGENCIES APPROPRIATIONS Readiness; LTG Michael D. Rochelle, USA, Deputy Committee on Appropriations: Subcommittee on Com- Chief Of Staff, Headquarters, U.S. Army; VADM merce, Justice, Science, and Related Agencies held a Mark E. Ferguson III, USN, Chief of Navy Oper- hearing on Science Overview. Testimony was heard ations, Total Force; LTG Richard S. Coleman, from Ralph Cicerone, President, National Academy USMC, Deputy Commandant, Manpower and Re- of Sciences. serve Affairs, Headquarters, U.S. Marine Corps; LTG The Subcommittee also held a hearing The Place Richard Y. Newton, III, USAF, Deputy Chief of of NASA Science in the Overall Science Enterprise. Staff, Manpower and Personnel, Headquarters, U.S. Testimony was heard Leonard Fish, former Associate Air Force; LTG Clyde A. Vaughn, ARNG, Director, Administrator, Space Science and Applications; and Army National Guard; LTG Jack C. Stultz, USAR, a public witness. Chief U.S. Army Reserve and Commanding General; DEFENSE APPROPRIATIONS U.S. Army Reserve Command; VADM Dirk J. Debbink, USN, Chief, Navy Reserve; LTG John W. Committee on Appropriations: Subcommittee on Defense Bergman, USMCR, Commander, Marine Forces Re- held a hearing on Psychological Health and Trau- serve; LTG Harry M. Wyatt, III, ANG Director, Air matic Brain Injury Programs. Testimony was heard National Guard; Charles E. Stenner, Jr., AFR, Chief, from Ellen Embry, Deputy Assistant Secretary, Force Air Force Reserve; and RADM, Daniel R. May, Heath Protection; GEN Loree Sutton, Special Assist- USCG, Chief, Coast Guard Reserve Forces. ant to the Assistant Secretary of Defense (Health Af- fairs) for Psychological Health and Traumatic Brain DOD FUEL DEMAND MANAGEMENT Injury. Committee on Armed Services: Subcommittee on Readi- HOMELAND SECURITY ness held a hearing on Department of Defense fuel Committee on Appropriations: Subcommittee on Home- demand management at forward management at for- land Security held a hearing on Health Services for ward-deployed locations and operational initiatives. Detainees in U.S. Immigration and Customs En- Testimony was heard from Alan R. Shaffer, Acting forcement (ICE) Custody. Testimony was heard from Director, Defense Research and Engineering, Depart- the following officials of the Department of Home- ment of Defense; and William M. Solis, Director, land Security: Dora Schirio, Special Advisor to the Defense Capabilities and Management, GAO. Secretary of Homeland Security; and the following officials of the U.S. Immigration and Customs En- SPECIAL OPERATIONS FORCES forcement (ICE): Jim Hayes, Director, Office of De- Committee on Armed Services: Subcommittee on Ter- tention and Removal Operation; CAPT Jose rorism, Unconventional Threats and Capabilities Rodreguez, Director, Division of Immigrant Health held a hearing on Special Operations Forces: Chal- Services; and Alicia Puente Cackley, Director, Health lenges and Opportunities. Testimony was heard from Care, GAO. public witnesses. INTERIOR, ENVIRONMENT AND RELATED AGENCIES APPROPRIATIONS PRESIDENT’S FY 2010 BUDGET Commttee on Appropriations: Subcommittee on Interior, Committee on the Budget, Held a hearing on the Presi- Environment and Related Agencies held a hearing dent’s Fiscal Year 2010 Budget. Testimony was on Department of the Interior Oversight. Testimony heard from Peter Orszag, Director, OMB.

VerDate Nov 24 2008 04:09 Mar 04, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D03MR9.REC D03MRPT1 rfrederick on PROD1PC67 with DIGEST D202 CONGRESSIONAL RECORD — DAILY DIGEST March 3, 2009 ENCOURAGING FAMILY-FRIENDLY sources and Planning, Bureau of Land Management, WORKFORCE POLICIES Department of the Interior; and public witnesses. Committee on Education and Labor: Subcommittee on VA HEALTH LEGISLATION Workforce Protections held a hearing on Encour- aging Family-Friendly Workplace Policies. Testi- Committee on Veterans’ Affairs: Subcommittee on mony was heard from public witnesses. Health held a hearing on the following bills: H.R. 784, To amend title 38, United States Code, to di- U.S.-BOLIVIA RELATIONS rect the Secretary of Veterans Affairs to submit to Committee on Foreign Affairs: Subcommittee on the Congress quarterly reports on vacancies in mental Western Hemisphere held a hearing on U.S.-Bolivia health professional positions in Department of Vet- Relations: Looking Ahead. Testimony was heard erans Affairs medical facilities; H.R. 785, To direct from public witnesses. the Secretary of Veterans Affairs to carry out a pilot program to provide outreach and training to certain FEMA’s GULF COAST REBUILDING college and university mental health centers relating Committee on Homeland Security: Subcommittee on to the mental health of veterans of Operation Iraqi Emergency Communications, Preparedness and Re- Freedom and Operation Enduring Freedom; and sponse held a hearing entitled ‘‘FEMA’s Gulf Coast other draft legislation. Testimony was heard from Rebuilding Efforts: The Path Forward.’’ Testimony Representatives Tsongas, Filner, and Herseth was heard from the following officials of the Depart- Sandlin; Gerald M. Cross, MD, Principal Deputy ment of Homeland Security: David Garratt, Acting Under Secretary, Health, Department of Veterans Deputy Administrator, and James Walke, Acting Affairs, and public witnesses. Assistant Administrator, both with FEMA’s Disaster VA DOCUMENT TAMPERING/ Assistance Directorate; Stanley J. Czerwinski, Direc- MISHANDLING tor, Strategic Issues, GAO; and public witnesses. Committee on Veterans’ Affairs: Subcommittee on Dis- MANAGING OUR OCEAN AND WILDLIFE ability Assistance and Memorial Affairs and the Sub- RESOURCES committee on Oversight and Investigation held a Committee on Natural Resources: Subcommittee on In- joint hearing on Document Tampering and Mis- sular Affairs, Oceans and Wildlife held an oversight handling at the Veterans Benefits Administration. hearing entitled ‘‘Managing Our Ocean and Wildlife Testimony was heard from the following officials of Resources in a Dynamic Environment: Priorities for the Department of Veterans Affairs: Belinda Finn, the New Administration and the 111th Congress.’’ Assistant Inspector General, Auditing, Office of In- Testimony was heard from public witnesses. spector General; and Michael Walcoff, Deputy Under Secretary, Benefits; Veterans Benefits Admin- ROLE OF FEDERAL LANDS IN COMBATING istration; and public witnesses. CLIMATE CHANGE PRESIDENT’S FISCAL YEAR 2010 BUDGET Committee on Natural Resources: Subcommittee on Na- OVERVIEW tional Parks, Forests and Public Lands held an over- sight hearing entitled ‘‘The Role of Federal Lands in Committee on Ways and Means: Held a hearing on the Combating Climate Change.’’ Testimony was heard President’s Fiscal Year 2010 Budget Overview. Tes- from Gail Kimbell, Chief, Forest Service, USDA; timony was heard from Timothy F. Geithner, Sec- Thomas R. Armstrong, Senior Advisory, Global retary of the Treasury. Change Program, U.S. Geological Survey, Depart- Hearings continue tomorrow. ment of the Interior; and public witnesses. MISCELLANEOUS MEASURES Joint Meetings No joint committee meetings were held. Committee on Natural Resources: Subcommittee on Na- tional Parks, Forests and Public Lands held a hearing f on the following bills: H.R. 1018, To amend the COMMITTEE MEETINGS FOR WEDNESDAY, Wild Free-Roaming Horses and Burros Act to im- MARCH 4, 2009 prove the management and long-term health of wild (Committee meetings are open unless otherwise indicated) free-roaming horses and burros; and H.R. 409, To provide for the conveyance of certain Bureau of Land Senate Management land in the state of Nevada to the Las Committee on Agriculture, Nutrition, and Forestry: to hold Vegas Motor Speedway. Testimony was heard from hearings to examine improving nutrition for America’s Ed Roberson, Assistant Director, Renewable Re- children in difficult economic times, 9:30 a.m., SH–216.

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Committee on Finance: to hold hearings to examine the Committee on Natural Resources, hearing on H. J. Res. President’s proposed budget for fiscal year 2010, 10 a.m., 18, Providing for congressional disapproval of the rule SD–215. submitted by the Department of the Interior and the De- Committee on Foreign Relations: to hold closed briefing to partment of Commerce under chapter 8 of title 5, United examine Iran status report, focusing on nuclear and polit- States Code, relating to interagency cooperation under the ical issues, 2:30 p.m., SVC–217. Endangered Species Act of 1973 (ESA), 10 a.m., 1324 Committee on Homeland Security and Governmental Affairs: Longworth. to hold hearings to examine systemic risk and breakdown Committee on Oversight and Government Reform, Sub- of financial governance, 9 a.m., SD–342. committee on National Security and Foreign Affairs, Permanent Subcommittee on Investigations, to hold hearing on Afghanistan and Pakistan: Understanding a hearings to examine tax haven banks and United States Complex Threat Environment, 10 a.m., 2154 Rayburn. tax compliance, focusing on obtaining names of United States clients with Swiss Accounts, 2:30 p.m., SH–216. Committee on Science and Technology, hearing on 21st Committee on the Judiciary: to hold hearings to examine Century Water Planning: the Importance of a Coordi- getting to the truth through a nonpartisan commission of nated Federal Approach, 10 a.m., 2318 Rayburn. inquiry, 10 a.m., SD–106. Committee on Small Business, hearing entitled ‘‘The State Special Committee on Aging: to hold hearings to examine of the Renewable Fuels Industry in the Current Econ- health reform in an aging America, 10 a.m., SD–562. omy,’’ 1 p.m., 2360 Rayburn. Committee on Transportation and Infrastructure, to mark House up the following measure: ‘‘Water Quality Investment Committee on Appropriations, Subcommittee on Com- Act of 2009’’, 10 a.m., 2167 Rayburn. merce, Justice, Science, and Related Agencies, on the Committee on Veterans’ Affairs,, Subcommittee on Eco- Place of NOAA Science in the Overall Science Enterprise, nomic Opportunity, hearing on the following bills: H.R. 10 a.m., H–309 Capitol. 147, To amend the Internal Revenue Code of 1986 to Subcommittee on Energy and Water Development and allow taxpayers to designate a portion of their income tax Related Agencies, on Department of Energy: Project payment to provide assistance to homeless veterans; H.R. Management Oversight, 2 p.m., 2362B Rayburn. 228, To direct the Secretary of Veterans Affairs to estab- Subcommittee on Interior, Environment and Related lish a scholarship program for students seeking a degree Agencies, on EPA Oversight, 2 p.m., B–308 Rayburn. or certificate in the areas of visual impairment and ori- Committee on Energy and Commerce, to mark up the fol- entation and mobility; H.R. 297, Veterans Vocational lowing measures: Family Smoking Prevention and To- Rehabilitation and Employment Subsistence Allowance bacco Control Act; Dextromethorphan Distribution Act; Improvement Act of 2009; H.R. 466, Wounded Veteran Early Hearing Detection and Intervention Act; Health In- Job Security Act; H.R. 929, To amend title 38, United surance Restrictions and Limitations Clarification Act; States Code, to require the Secretary of Veterans Affairs H.R. 20, Melanie Blocker Stokes Mom’s Opportunity to to carry out a program of training to provide eligible vet- Access Health Education, Research, and Support for erans with skills relevant to the job market; H.R. 942, Postpartum Depression Act; H.R. 479, Wakefield Act; H.R. 577, Vision Care for Kids Act of 2009; H.R. 756, Veterans Self-Employment Act of 2009; H.R. 950, To National Pain Care Policy Act of 2009; H.R. 914, Physi- amend chapter 33 of title 38, United States Code, to in- cian Workforce Enhancement Act of 2009; H.R. 1210, crease educational assistance for certain veterans pursuing Arthritis Prevention, Control, and Cure Act, and H.R. a program of education offered through distance learning; 307, Christopher and Dana Reeve Paralysis Act, 10 a.m., H.R. 1088, Mandatory Veterans Specialist Training Act 2123 Rayburn. of 2009; H.R. 1089, Veterans Employment Rights Re- Committee on Financial Services, Subcommittee on Finan- alignment Act of 2009; and other draft legislation, 1 cial Institutions and Consumer Credit, hearing entitled p.m., 340 Cannon. ‘‘TARP Oversight: Is TARP Working for Main Street?’’ Committee on Ways and Means, To continue hearings on 2:30 p.m., 2128 Rayburn. the overview of the President’s Budget proposals for fiscal Committee on Homeland Security, hearing entitled ‘‘Exam- year 2010, 2 p.m., 1100 Longworth. ining 287(g): The Role of State and Local Law Enforce- Select Committee on Energy Independence and Global Warm- ment in Immigration Law,’’ 2 p.m., 311 Cannon. ing, hearing entitled ‘‘Preparing for Copenhagen: How Committee on the Judiciary, hearing on H.R. 848, Per- Developing Countries Are Fighting Climate Change’’, formance Rights Act, 10 a.m., 2141 Rayburn. 9:30 a.m., 210 Cannon.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, March 4 10 a.m., Wednesday, March 4

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Joint Meeting with the Senate ation of H.R. 1105, Omnibus Appropriations Act. to receive an Address from the Right Honorable Gordon (Senate will recess from 10:40 a.m. until 12 p.m. for Brown, Prime Minister of the United Kingdom of Great a Joint Meeting of Congress to receive an address from Britain and Northern Ireland. British Prime Minister Gordon Brown. Senators will meet in the Senate Chamber at 10:30 a.m. to proceed as a body to the House of Representatives at 10:40 a.m.)

Extensions of Remarks, as inserted in this issue

HOUSE Giffords, Gabrielle, Ariz., E532 Mack, Connie, Fla., E526 Granger, Kay, Tex., E526 Maloney, Carolyn B., N.Y., E529, E532, E533 Abercrombie, Neil, Hawaii, E525 Graves, Sam, Mo., E534 Mitchell, Harry E., Ariz., E535 Arcuri, Michael A., N.Y., E530 Halvorson, Deborah L., Ill., E534 Moran, Jerry, Kans., E531 Baca, Joe, Calif., E524 Hastings, Alcee L., Fla., E527 Nadler, Jerrold, N.Y., E530 Barrett, J. Gresham, S.C., E535 Hirono, Mazie K., Hawaii, E532 Platts, Todd Russell, Pa., E528 Braley, Bruce L., Iowa, E534 Kanjorski, Paul E., Pa., E525, E527, E531, E533 Roybal-Allard, Lucille, Calif., E529 Brown, Henry E., Jr., S.C., E519 Kildee, Dale E., Mich., E532 Ryan, Tim, Ohio, E533 Buchanan, Vern, Fla., E529 King, Peter T., N.Y., E532, E537 Sensenbrenner, F. James, Jr., Wisc., E526 Capuano, Michael E., Mass., E534 King, Steve, Iowa, E533 Sestak, Joe, Pa., E524, E534 Conyers, John, Jr., Mich., E536 Kirk, Mark Steven, Ill., E530 Spratt, John M., Jr., S.C., E537 Crenshaw, Ander, Fla., E520 Kucinich, Dennis J., Ohio, E536 Tauscher, Ellen O., Calif., E528 Diaz-Balart, Lincoln, Fla., E528 Lance, Leonard, N.J., E526 Terry, Lee, Nebr., E525 Etheridge, Bob, N.C., E524 Lungren, Daniel E., Calif., E528 Thompson, Bennie G., Miss., E528

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