January 23, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 1439

such provisions as fall within the jurisdic- members and former members of the Armed Mr. DAVIS of Alabama, Mr. SCOTT of tion of the committee concerned. Forces, to review and expand telehealth and Virginia, Ms. CLARKE, Mr. PAYNE, Mr. By Mr. SALAZAR (for himself, Mr. telemental health programs of the Depart- CUMMINGS, Mr. CARSON of Indiana, PATRICK J. MURPHY of Pennsylvania, ment of Defense and the Department of Vet- Mrs. CHRISTENSEN, Mr. BISHOP of Mr. MOORE of Kansas, Mr. HALL of erans Affairs, and for other purposes; to the Georgia, Ms. WATERS, and Ms. LEE of New York, Ms. BORDALLO, Mrs. Committee on Veterans’ Affairs, and in addi- California): MALONEY, Mr. RODRIGUEZ, Mr. BRADY tion to the Committee on Armed Services, H. Res. 83. A resolution recognizing the sig- of Pennsylvania, Mr. MORAN of Vir- for a period to be subsequently determined nificance of Black History Month; to the ginia, Mr. MURTHA, Ms. EDDIE BER- by the Speaker, in each case for consider- Committee on Oversight and Government NICE JOHNSON of Texas, Ms. SHEA- ation of such provisions as fall within the ju- Reform. PORTER, Mr. BOYD, Mr. HARE, Mr. risdiction of the committee concerned. WOLF, Mr. LINDER, Ms. MARKEY of By Mr. WALDEN (for himself and Mr. f Colorado, Mr. SESTAK, Mr. CARDOZA, KIND): H.R. 668. A bill to amend title XVIII of the Mr. MCNERNEY, Mr. BOSWELL, Mr. ADDITIONAL SPONSORS ROSS, Mr. COSTA, Mr. BURTON of Indi- Social Security Act to provide flexibility in ana, Mr. ROGERS of Kentucky, Mr. the manner in which beds are counted for Under clause 7 of rule XII, sponsors purposes of determining whether a hospital PERLMUTTER, and Mr. KLINE of Min- were added to public bills and resolu- may be designated as a critical access hos- nesota): tions as follows: H.R. 666. A bill to amend title 10, United pital under the Medicare Program and to ex- States Code, to require the establishment of empt from the critical access hospital inpa- H.R. 25: Mr. CRENSHAW. a searchable database containing the names tient bed limitation the number of beds pro- H.R. 154: Mr. FRANK of Massachusetts. and citations of members of the Armed vided for certain veterans; to the Committee H.R. 156: Ms. SHEA-PORTER. Forces, members of the United States mer- on Ways and Means. H.R. 173: Mr. BOSWELL. chant marine, and civilians affiliated with By Mr. AL GREEN of Texas (for him- H.R. 174: Mr. PERLMUTTER. the Armed Forces who have been awarded self, Mr. JOHNSON of Georgia, Mr. H.R. 205: Mrs. MYRICK, Mr. JORDAN of Ohio, the medal of honor or any other medal au- CLAY, Mr. TOWNS, Mr. BUTTERFIELD, and Mr. MANZULLO. thorized by Congress for the Armed Forces, Mr. WATT, Mr. MEEKS of New York, H.R. 226: Mr. WITTMAN and Mr. GARY G. the United States merchant marine, or affili- Ms. MOORE of Wisconsin, Mrs. MILLER of California. ated civilians; to the Committee on Armed NAPOLITANO, Mr. ELLISON, Mr. DAVIS H.R. 293: Mr. MILLER of Florida. Services. of Illinois, Mr. GENE GREEN of Texas, H.R. 294: Mr. MILLER of Florida. By Mr. SALAZAR (for himself, Mr. Mr. DOGGETT, Mr. OLVER, Ms. KIL- H.R. 295: Mr. MILLER of Florida. PASCRELL, Ms. SUTTON, Mr. HALL of PATRICK of Michigan, Ms. KAPTUR, H.R. 296: Mr. MILLER of Florida. New York, Mr. HOLT, Mr. SESTAK, Ms. EDWARDS of Maryland, Mr. H.R. 297: Mr. MILLER of Florida. Mr. CAPUANO, Mr. MCDERMOTT, Mr. HINOJOSA, Mr. LANGEVIN, Mr. MCGOV- H.R. 495: Mr. CUELLAR. FRANK of Massachusetts, Mr. MORAN ERN, Ms. EDDIE BERNICE JOHNSON of H.R. 578: Mr. HINCHEY and Mr. FILNER. of Virginia, Mr. HINCHEY, Mr. HARE, Texas, Ms. ZOE LOFGREN of Cali- H.R. 607: Mr. JONES. Ms. MARKEY of Colorado, Mr. fornia, Mr. RUSH, Mr. RANGEL, Mr. H. Res. 19: Mr. PLATTS. PERLMUTTER, and Mr. PLATTS): CLYBURN, Mr. CONYERS, Mr. CLEAVER, H. Res. 49: Mr. DREIER, Mr. ISSA, Mr. H.R. 667. A bill to improve the diagnosis Mr. LEWIS of Georgia, Mr. THOMPSON ROYCE, Mr. BILIRAKIS, Mr. GARY G. MILLER of and treatment of traumatic brain injury in of Mississippi, Mr. SCOTT of Georgia, California, and Mr. LEWIS of California.

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PERSONAL EXPLANATION reflected my commitment to maintaining a solid record of representation for my Congres- HON. KURT SCHRADER sional District, unclouded by political games- OF OREGON manship. This Motion stood in the way of passing a necessary accountability measure. I IN THE HOUSE OF REPRESENTATIVES took this vote with the full knowledge that I Friday, January 23, 2009 would have the opportunity the next day to Mr. SCHRADER. Madam Speaker, my vote vote against releasing the second half of the against the Republican Motion to Recommit bailout money for the financial industry.

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

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The Senate met at 2 p.m. and was period for the transaction of morning their children with the medical care called to order by the Honorable JIM business until 4 p.m. today. Senators they need to grow up strong and WEBB, a Senator from the Common- will be permitted to speak for up to 10 healthy. wealth of Virginia. minutes each. Our legislation give States the re- At 4 p.m., the Senate will turn to ex- sources and ability to insure an addi- PRAYER ecutive session to consider the nomina- tional 4 million children. Our legisla- The Chaplain, Dr. Barry C. Black, of- tion of Timothy Geithner to be Sec- tion covers the lowest income children fered the following prayer: retary of the Treasury, with the time first by giving States new tools to en- Let us pray. until 6 p.m. equally divided and con- roll uninsured children who qualify for Almighty God, by whose Providence trolled between the chair and ranking Medicaid and rewarding States for suc- our forebears brought forth a nation, member of the Finance Committee, cessful enrollments in the Children’s conceived in liberty and dedicated to Senators BAUCUS and GRASSLEY, or Health Insurance Program. Our legislation doesn’t just provide equal justice for all, give the Members their designees. At 6 p.m., the Senate more children with health care but also of this body that same spirit as they will proceed to vote on the confirma- improves the quality of care they re- seek to make a better world. May this tion of the Geithner nomination. Following executive session, the Sen- ceive. quest for justice motivate them to In Nevada and across America, the eliminate those things that obstruct ate will proceed to the consideration of H.R. 2, the Children’s Health Insurance number of uninsured children is rising. the coming of Your kingdom. Lord, The Kaiser Family Foundation esti- each day may they give primacy to Program Reauthorization Act of 2009. At approximately 12:30 p.m. tomor- mates that for every 1-point rise in our prayer, seeking Your guidance as they national unemployment rate, 700,000 strive to make decisions that honor row, KIRSTEN GILLIBRAND will take the oath of office and become a Senator more children join the ranks of the un- You. Guide them by Your higher wis- insured. In Nevada and across America, from the State of New York. dom so that they will not give in to the number of uninsured is rising every disappointment, doubt or despair. f day. The number of uninsured children We pray in Your great Name. Amen. CHILDREN’S HEALTH INSURANCE is rising every day, which makes it f Mr. REID. Mr. President, in the last seem so unbearable for America to have so many uninsured children. The PLEDGE OF ALLEGIANCE Congress, the Senate passed an exten- sion of the Children’s Health Insurance number of children who are not getting The Honorable JIM WEBB led the Program with an overwhelming major- checkups, medicine, and emergency Pledge of Allegiance, as follows: ity of 69 votes. In a Congress too often care is rising every day. I pledge allegiance to the Flag of the marred by partisan divide, this strong This week, the Senate will engage in United States of America, and to the Repub- vote last session in favor of healthy an open, fair, and lively debate on this lic for which it stands, one nation under God, critical legislation. There will surely indivisible, with liberty and justice for all. children briefly stood as a bright exam- ple of the good that comes from Gov- be points where Republicans and Demo- f ernment—putting people ahead of poli- crats disagree on specifics. Democrats would have written this legislation to APPOINTMENT OF ACTING tics. cover more children, but we com- PRESIDENT PRO TEMPORE Regrettably, President Bush chose to promised to create a bill Republicans The PRESIDING OFFICER. The veto our bipartisan children’s health legislation and because of a few too would support. clerk will please read a communication Republicans may raise points of con- many loyal House Republicans in a to the Senate from the President pro cern during the debate, and Democrats narrowly divided House, that veto was tempore (Mr. BYRD). will consider their differing views. But upheld. The assistant legislative clerk read during this debate, we should remem- In Nevada, low-income families have the following letter: ber that the overwhelming majority of been forced to put their children on Democrats and Republicans agree on U.S. SENATE, waiting lists for future health cov- PRESIDENT PRO TEMPORE, the fundamentals of this legislation. Washington, DC, January 26, 2009. erage. In the year and a half since the I look forward to a productive de- To the Senate: veto, millions of children have been bate, and I look forward to President Under the provisions of rule I, paragraph 3, shut out of regular checkups, medicine, Obama signing into law an extension of of the Standing Rules of the Senate, I hereby and hospital trips. the Children’s Health Insurance Pro- appoint the Honorable JIM WEBB, a Senator From coast to coast, more than 4 gram that will allow children of Ne- from the Commonwealth of Virginia, to per- million children who would have been form the duties of the Chair. vada and all 50 States to get the care covered if our legislation had passed they need and deserve. ROBERT C. BYRD, are not getting regular checkups or the President pro tempore. care they need when they get sick. f Mr. WEBB thereupon assumed the Jeopardizing the health of American RESERVATION OF LEADER TIME chair as Acting President pro tempore. children is not a political victory for The ACTING PRESIDENT pro tem- f anyone. It is a loss for everyone, and it pore. Under the previous order, the is long past time we corrected it. RECOGNITION OF THE MAJORITY leadership time is reserved. This week, we have the chance, be- LEADER f ginning tonight, to keep our promise to The ACTING PRESIDENT pro tem- America’s children by passing a new MORNING BUSINESS pore. The majority leader. Children’s Health Insurance Program. The ACTING PRESIDENT pro tem- f With the support of Democrats and Re- pore. Under the previous order, the publicans in Congress and a new Presi- Senate will now proceed to a period for SCHEDULE dent in the White House poised to sign the transaction of morning business Mr. REID. Mr. President, following this bill into law, we can ensure that until 4 p.m., with Senators permitted leader remarks, the Senate will be in a more low-income families can provide to speak for up to 10 minutes each.

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

VerDate Mar 15 2010 10:38 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR09\S26JA9.000 S26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 1442 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 26, 2009 The Senator from Tennessee. degree on foreign intelligence issues. bills, and we Republicans, with 41 or 42 f Earlier, it happened on education and votes in the Senate, can block some some other issues. But when President things and slow down almost anything. BIPARTISAN COOPERATION Bush, for example, made reforming So- But most of us Republicans agree with Mr. ALEXANDER. Mr. President, on cial Security the major thrust of his Senator MCCONNELL: That is not what Friday, at the National Press Club, second term, Democrats said no. Nei- we are here to do. And what President Senate Republican leader MITCH ther side moved off their position, and Obama said in his inaugural address is MCCONNELL delivered an important ad- so deficit spending and our national that is not the kind of Presidency he dress that everyone concerned about debt kept going up. wishes to have. the future of our country ought to If any subject over the last few years The new President is off to a good read. deserved cooperation, it was the war in start in his relationships with Repub- Mr. President, I ask unanimous con- Iraq. Senator Salazar and I assembled lican Members of the Senate. Even the sent to have printed in the RECORD at 17 Senators, 9 Democrats, and 8 Repub- Senate Democratic majority is showing the conclusion of my remarks Senator licans, and there were 63 Members of some encouraging signs of letting the MCCONNELL’s speech. the House almost evenly divided be- Senate function as it is supposed to The ACTING PRESIDENT pro tem- tween the parties who sponsored a res- function, as a guardian against the tyr- pore. Without objection, it is so or- olution to set as a goal for the country anny of the majority, warned of by de dered. to end the war on the principles rec- Tocqueville, by allowing debates, by al- (See exhibit 1.) ommended by the Iraq Study Group. lowing amendments and rollcalls on Mr. ALEXANDER. Mr. President, President Bush would not support major pieces of legislation. That is Senator MCCONNELL congratulated the our legislation. The Democratic lead- what we are here for; we are here to President for reminding many in Wash- ers refused to bring it to a vote. I re- represent the men and women who live ington, including many Republicans, member telling both President Bush in our States on those issues. that the American people want their and Senator REID I believed we were Tomorrow morning, there is a bipar- leaders to work together to solve prob- the only ones who actually united tisan breakfast, the first one of this lems, not to set traps. He suggested them on Iraq. They were both against year. We had them during the last 2 that among the issues on which we what we were trying to do. But if ei- years. At that breakfast, we will be dis- could cooperate are reducing the na- ther President Bush had supported our cussing the resolution of Senator tional debt, energy independence, and resolution or if Senator REID had al- CONRAD and Senator GREGG to create a lowering taxes. Specifically, Senator lowed it to come to a vote, I believe the Bipartisan Task Force for Responsible MCCONNELL urged the President to fol- resolution would have been enacted, Fiscal Action. In other words, to get low up on his pledge to put the power sending a message to our troops, to our serious about dealing with runaway en- of the Democratic majorities to work country, and to our enemy that we titlement spending. Already we have, I on entitlement spending, the auto- were united in bringing an honorable believe, 26 Members of the Senate, al- matic spending that threatens within and successful end to that conflict. most evenly split among Democrats just 9 years to consume nearly 70 per- Ironically, we are now headed in Iraq and Republicans, who have accepted to cent of the Federal budget and to cre- toward a conclusion that now seems to come to that breakfast tomorrow ate a national debt that equals our Na- have the general support of both Presi- morning. That is an unusual number of tion’s annual gross domestic product. dent Bush and President Obama, pre- Senators for such an event. Already, each American’s share of the sided over by the same Secretary of De- Republicans and Democrats will not national debt is $35,000. fense, who has served them both. That always agree. We emphasize different In order to do that, Senator MCCON- is approximately the same result that principles. We have different solutions. NELL said the President will have to re- was recommended by the Iraq Study We are here because we were nomi- ject the hyperpartisanship that exists Group. nated in partisan conventions or par- in some quarters of Congress and en- That is not just my opinion. Toward tisan elections. We are here to contend, gage Republicans on the merits of our the end of last year I asked both Sec- we are here to debate, we are here to ideas. retary Gates and Secretary Rice offer our ideas. But to get here, almost Senator MCCONNELL said that as Re- whether the path toward conclusion of all of us had to earn Independent votes publican leader of the Senate, he would the Iraq war that was agreed upon by and some votes from the other party. make this a firm principle of his deal- the Iraqis and the United States and is When we got here, we all took an ings with the new administration, and now basically being recommended by oath to represent all our constituents. he said that if the new President fol- President Obama, whether that was the What will make this Presidency and lows up on his promise to address enti- path recommended by the Iraq Study this Congress different is if after we tlement spending, Democrats can ex- Group, and each of them said yes. conclude delivering our sermons to one pect more consideration from the Re- There is a lesson here for the new ad- another, we put aside the 20 percent on publicans than the last President re- ministration. Technically, President which we disagree, and see if we can ceived from them. Bush did not need Congress’s approval come to some result on the 80 percent This is a major statement by an ex- to wage the war in Iraq. He is the Com- on which we agree, as Senator ENZI of perienced Senate leader who has prov- mander in Chief. But if he had won Wyoming likes to say. en he knows how to stop bad legisla- that congressional approval for the last This will not happen if the majority tion but is offering to go to work with 2 years of the war, that would have takes the position: We won the elec- the new President to shape and im- made the war easier, perhaps more suc- tion, we will write the bill; or if the prove good and needed legislation, if cessful, and certainly the Bush Presi- Democratic leader seeks to muzzle our the new majorities will meet Repub- dency more successful. constituents by not allowing amend- licans on the merits of our ideas. Technically, President Obama, with ments and debates and votes on the Some time ago, Senator MCCONNELL large Democratic majorities in Con- Senate floor. It can happen, as the Re- invited President Obama to come to gress, does not need Republicans to publican leader, Senator MCCONNELL, the Senate and meet with Senate Re- pass most legislation. ‘‘We won the said in his address on Friday, if we in publicans. And we all hope that soon he election; we will write the bill,’’ said the Senate act like grownups and have may do that. Speaker PELOSI. That is the way to the courage to put aside The kind of cooperation Senator pass many bills, but as President Bush hyperpartisanship and reject the advice MCCONNELL talked about in his speech found out, it is not the way to have a of groups that protect narrow interests on Friday did not happen often in the successful Presidency. and find ways to work together to last few years. It did on energy, it did The President and the Democratic solve the real problems that are facing on American competitiveness, to some majorities on their own can pass many our country today.

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EXHIBIT 1 that ordinary Americans would have a seat ‘‘At some point later in the day, Moynihan [From the Office of Senator Mitch at the table in his administration. And approached Dole on the Senate floor. If Dole McConnell, Jan. 23, 2009] broadening the old constituencies is, as he really thought Social Security could be MEETING CHALLENGES: A WAY FORWARD FOR has suggested, one sure way to uphold that saved, he said, why not try to do it together? Well, 13 days later, an agreement was CONGRESS pledge. ‘‘Once we do this, there are many issues on reached, and the Social Security crisis had Remarks of U.S. Senate Republican Leader which we can cooperate. President Obama passed. Mitch McConnell (as prepared for delivery) mentioned several of them on the campaign ‘‘Twenty years later, Bob Dole could say National Press Club, January 23, 2009. trail: reducing the national debt, increasing that he had been the longest serving Repub- ‘‘Thank you, Donna. I also want to thank energy independence, and lowering taxes. lican Leader in history and the Republican John Donnelly of Congressional Quarterly There are others. nominee for president of the United States. for inviting me here today. I’m delighted to But achieving any one of them will be im- But when a reporter asked him what he con- be here, and I’m honored to be joined by such possible without cooperation between both sidered his proudest accomplishments in a a distinguished group of reporters. parties in Congress and between Congress lifetime of public service, the first thing that ‘‘For more than a century, the National and the White House. came to mind was the Social Security fix of Press Club has served a vital national pur- ‘‘Now, I realize that if you told most peo- 1983. Dole explained it this way: ’Those pose as a forum for newsmakers and those ple Mitch McConnell was down at the Na- things that are lasting are bipartisan. If you who cover them. A free press is essential to tional Press Club hoping for bipartisanship, don’t have a consensus, it’s not going to our Democracy. And today I thought I’d they’d tell you that’s like an insurance last.’ come over here to look for some free press. agent hoping for an earthquake. Most people ‘‘This kind of bipartisan consensus has ‘‘This past Tuesday, millions of Americans don’t exactly view me as the Mr. Rogers of been increasingly rare in recent years, and who are old enough to remember past inau- the Senate. But, respectfully, I think report- the nation has suffered as a result. We saw gurations were reminded of one of the great ers too often confuse being conservative with this four years ago, when President Bush, hallmarks of our republic, and millions of being partisan. And while my voting record newly reelected and with expanded Repub- young people experienced for the first time clearly reflects my core values, it also re- lican majorities in Congress, had the courage the rejuvenating effect of the peaceful trans- flects a long commitment to working with to put Social Security reform on the agenda. fer of power. Of all our civic rituals, few elic- others. When he asked for bipartisan help, not one it the same feelings of national pride at ‘‘Senator Feinstein has been my closest Democrat in Congress stepped forward. home or more admiration abroad. collaborator in fighting human rights abuses Every single one of them turned his or her ‘‘But the inauguration of President Obama in Burma. For years, I worked alongside Sen- back, reflexively choosing politics over gov- was somehow different, and not only because ator Dodd on the Senate Rules Committee, erning—and the nation lost out on an oppor- we were moved at seeing an African Amer- where we teamed up to pass the Help Amer- tunity to fix a crucial program in desperate ican take the oath of office from the steps of ica Vote Act. And more recently, I took a need of reform. a building built by slaves. This year’s inau- lead role in brokering a bipartisan financial ‘‘Today, Democrats have substantial ma- guration was different because this year’s rescue plan just a few weeks before my own jorities in the Senate and the House. They election was different. control the White House. And now Demo- ‘‘For the first time in awhile, America has reelection bid in November. ‘‘I fought for the rescue package because I crats assume responsibility for a number of a president who isn’t viewed by most people thought the country needed it, even though pressing problems—including the one they as an overly polarizing figure. Americans are my party could have done without it—and I refused to face in 2005. The problem with en- intrigued by President Obama’s promise of ended up paying for my efforts. Soon after titlement spending has not gone away. post-partisanship. And this afternoon I’d like the deal was struck, one of the very people ‘‘On Social Security in particular, the situ- to share some of my thoughts on the possi- who had sat at the negotiating table with me ation is increasingly dire: in 1950, 16 workers bility of a new era of cooperation. paid for every one person who received So- ‘‘As others have noted, the President does ended up running ads against me on that very issue. He saw that it made me vulner- cial Security benefits. Today, it’s about 3 not govern alone. workers per beneficiary. And within 10 years able back home, and tried to capitalize on it He can’t sign a bill Congress hasn’t already times, more money will be coming out of the politically, which I certainly didn’t expect. passed. He can’t spend money Congress Social Security fund than going in. hasn’t appropriated. If President Obama’s But these are the risks that politicians have ‘‘Looking at entitlements in general, So- promise of post-partisanship is to be real- to take from time to time in order to achieve cial Security, Medicare, Medicaid, and other ized, he’ll first need some cooperation from something worthwhile. And it’s a risk I was programs will soon consume about twice the Congress. willing to take. percentage of the federal budget they did ‘‘There was, of course, a time when work- ‘‘And so, in the spirit of overcoming divi- four decades ago. If we don’t rein this spend- ing on a bipartisan basis to achieve big sions, let me start out by saying that I agree ing in, soon we’ll have only have a fraction things for the nation didn’t mean exposing with President Obama’s assertion on Tues- left for things like defense, roads, bridges, oneself to attack ads by one’s own col- day that many of today’s problems are sim- and special ed. And this is not a problem ply too great for us to pass over in the inter- leagues. For years, the Senate was a place that raising taxes will solve. In order to est of protecting narrow interests. The nor- where real friendships across party lines meet all our current entitlement promises, mal constituencies must be widened. were common. One thinks of the breakfast we’d have to extract $495,000 from every ‘‘On issue after issue, members of both par- meetings between Mike Mansfield and American household. ties have too often fallen into the habit of George Aiken; or Jim Eastland and Gaylord ‘‘The expansion of entitlement spending is asking narrow interest groups what they Nelson—men as far apart ideologically as a looming crisis that has been overlooked for think should be done about something before you could find—spending time together after too long. And with control of the White thinking about what the average American a long day’s work. My Senate mentor, John House and big majorities in Congress, Demo- thinks should be done. Sherman Cooper, had a close relationship crats now owe it to the American people to ‘‘This is how a group like CodePink could with President Kennedy. put their power to work on this vital issue. end up having so much influence in a na- ‘‘These friendships were always good for And here’s my pledge: If they do so, they can tional debate about the conduct of a war. the Senate, and occasionally they paid major expect more cooperation from Republicans This is why a prominent labor leader thinks dividends for the whole country. One of the than the last President received from them. he can tell a reporter that he expects ‘pay- great examples of this in the modern era is ‘‘President Obama has said he wants to back’ from Democrats for the support he the Social Security fix of 1983, brokered by tackle the entitlements crisis. But in order gave them during last year’s elections. And Pat Moynihan and Bob Dole. And it’s an ex- to succeed, he’ll have to continue to reject this is how vulgar insults hurled from ample we could learn a lot from today. the hyper partisanship that exists in some overcaffeinated activists can suddenly pass ‘‘As Moynihan later recalled it, the genesis quarters of Congress. And he will have to en- for legitimate political discourse. of that particular achievement came on the gage Republicans on the merits of our ideas. ‘‘When these things happen, it’s easy to see morning of January 3, 1983. Dole had pub- ‘‘The good news is that most people think why cynicism about government persists. lished an op-ed piece in that day’s edition of ideas should be assessed on their merits, not ‘‘And it’s easy to see why something needs the ‘New York Times’ in which he said that on the senator or the president who proposes to change. Republicans were eager to accomplish big them. Our new President seems to think the ‘‘Both sides are guilty. Republicans need to things in the coming year. same thing. And as Senate Republican Lead- reevaluate the way decisions are made in ‘‘He cited Social Security as a case in er, I also pledge to make this is a firm prin- Washington, and so do Democrats. But one point, arguing that the looming insolvency ciple in my dealings with the Obama Admin- thing is clear: every decision cannot be made of Social Security should overwhelm every istration. based on a political calculation—because the other domestic priority. By accelerating al- ‘‘President Obama’s campaign reminded usual interest groups so seldom agree. ready-scheduled taxes and reducing future many in Washington, including many Repub- ‘‘President Obama seems to understand benefit increases, Dole said, Social Security licans, of the aspirations that the Americans this. His campaign was based on the notion could be made solvent for decades. people have about their government.

VerDate Mar 15 2010 10:38 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR09\S26JA9.000 S26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 1444 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 26, 2009 People want their leaders to work together Even before the disclosure of Mr. he repeatedly acknowledged his tax ob- to solve problems, not to set traps. The chal- Geithner’s tax problems, I had serious ligation and then ignored clear instruc- lenge now is for both parties to cooperate, reservations about his nomination. Mr. tions to pay. I find Mr. Geithner’s ex- not just in word but in deed. ‘‘In all this, politics will have its place. Geithner has been involved in about planation that this was a careless mis- But at this moment, achieving big things for every flawed bailout action of the pre- take unconvincing and unsupported by the country is where my ambitions lie. Vot- vious administration. He was the front- the facts. ers from both parties think Washington is line regulator in New York when all His failure to pay what he owed cost broken. And that’s a shame. But if both par- the so-called financial innovations that Social Security and Medicare more ties have helped create this cynical view of have recently brought our markets to than $34,000, part of which would never government, then both parties will have to their knees became widespread. He have been repaid if Mr. Geithner was work to correct it. And we can start, once the current debate over the Stimulus is went along with all the flawed mone- not nominated to be Secretary of the through, by working to reform Social Secu- tary policy decisions of Alan Green- Treasury, a position which oversees tax rity and Medicare. span and Ben Bernanke, and he enforcement. And he was able to con- ‘‘In this and in other efforts, there will be stretched the law beyond recognition vince the IRS to refund the penalties disagreements. But they can be principled to bail out Bear Stearns and later AIG. they initially charged. I hope Mr. disagreements, and the result of principled All those actions, or failures to act, Geithner will remember this experi- disagreement is often principled cooperation. raise questions about the nominee’s ence when considering the tax issues of The result won’t satisfy everyone. As Bob Dole said of the 1983 Social Security fix, ‘No judgment, but his failure to pay his ordinary Americans. one got everything, and everyone got some- own Social Security and Medicare This is all the more unfortunate be- thing.’ taxes, despite clear evidence he knew cause America needs a strong and cred- ‘‘But many of the domestic problems we he owed the taxes, reflects negligence ible Secretary of the Treasury now face are simply too great to kick the can or worse toward the law he will be re- more than ever. The most recent Sec- down the road any longer. We need to sum- sponsible for enforcing. retary treated Congress with border- mon the courage to act on issues that are of The financial crisis we are in the line contempt and hostility. He was grave concern to our nation’s future. And the middle of today did not happen over- not forthcoming with information or long-term sustainability of entitlements is one of them. night and it could have been prevented. explanations, only marching orders. I ‘‘As Republicans look for common ground Easy monetary policy under former do believe Mr. Geithner understands in this and other areas where legislative Federal Reserve Chairman Alan Green- the important role Congress has to progress can be made, some will no doubt ac- span provided the fuel for a speculative play in our economic policies, and until cuse us of compromise. But those who do so asset bubble that burst. Finally, it his evasive and unsatisfactory answers will be confusing compromise with coopera- popped. Mr. Geithner helped Chairman about his tax problems, I thought he tion. And anyone who belittles cooperation Greenspan keep pouring that fuel on would at least do a better job than Sec- resigns him or herself to a state of perma- nent legislative gridlock. And that is simply the fire from the day he got to the New retary Paulson at working with Con- no longer acceptable to the American people. York Fed. gress. When Mr. Geithner is indeed con- ‘‘President Obama has shown himself to be More careful regulation by Mr. firmed—and I know he will be by this a man of legislative ambition. He reaffirmed Greenspan, his successor Ben body—I hope he will follow through on this on Tuesday when he called on the coun- Bernanke, and other regulators could his promises to be a responsive and re- try to recognize collective failures, and when have better contained the damage from spectful Secretary of Treasury to Con- he called on politicians to step up to the un- the bubble. Mr. Geithner sat at their gress. pleasant tasks and seek first the interests of side from 2003 until now. Yet he raised the whole. Mr. President, for all these reasons I ‘‘Make no mistake: Some of our new Presi- not one objection to their flawed regu- have discussed, I cannot, in good con- dent’s proposals will be met with strong, lations. science, support this nomination. principled resistance from me and from oth- Even worse than supporting the I yield the floor, and I suggest the ab- ers. But many of his ambitions show real po- flawed Greenspan and Bernanke poli- sence of a quorum. tential for bipartisan cooperation. And if we cies, Mr. Geithner failed himself as a The ACTING PRESIDENT pro tem- see sensible, bipartisan proposals, Repub- regulator. One of Mr. Geithner’s most pore. The clerk will call the roll. licans will choose bipartisan solutions over important jobs was to prevent the col- The assistant legislative clerk pro- partisan failures every time. ‘‘Thank you very much.’’ lapse of the largest and most impor- ceeded to call the roll. Mr. ENZI. Mr. President, I ask unani- Mr. ALEXANDER. Mr. President, I tant banks. One look at Citigroup mous consent the order for the quorum suggest the absence of a quorum. today shows how he failed in that job. The ACTING PRESIDENT pro tem- Although he talked about the great call be rescinded. pore. The clerk will call the roll. threat or the systemic risk, Mr. The ACTING PRESIDENT pro tem- The assistant legislative clerk pro- Geithner sat idly by as risk became pore. Without objection, it is so or- ceeded to call the roll. more and more concentrated in the dered. The Senator from Wyoming is Mr. BUNNING. Mr. President, I ask hands of a few large financial institu- recognized. unanimous consent that the order for tions and the pricing of risk became de- Mr. ENZI. Mr. President, I rise today the quorum call be rescinded. tached from reality. Trillions of dollars to comment on Mr. Geithner’s nomina- The ACTING PRESIDENT pro tem- in savings held by Americans are being tion to be the Secretary of the U.S. De- pore. Without objection, it is so or- destroyed as a result. partment of the Treasury. Although I dered. When the crisis worsened last fall, became a member of the Senate Fi- f Mr. Geithner helped craft the $700 bil- nance Committee only Thursday, I lion bailout presented to Congress. The have spent considerable time reviewing GEITHNER NOMINATION Geithner-Paulson-Bernanke plan, as the nomination documents and testi- Mr. BUNNING. Mr. President, I rise sold to Congress, was to buy toxic as- mony of Mr. Geithner. I also brought to speak in opposition to the nomina- sets to bail out their Wall Street bud- to bear my expertise as an accountant tion of Timothy Geithner to be Sec- dies—no strings attached. But soon, and long-time member of the Senate retary of the Treasury. Of the many Treasury changed course, choosing to Banking Committee to make a deter- positions in the Federal Government take equity in banks—an option explic- mination on Mr. Geithner’s qualifica- about to be filled, the Treasury Sec- itly rejected before Congress. Sadly, tions. After thoughtful deliberation, I retary is among the most critical Mr. Geithner went along with all these voted against his nomination in the today. We are confronted by several fi- decisions. Senate Finance Committee. I continue nancial panics and disasters, and one Finally, we have learned that Mr. to oppose his nomination today, and false move by the Secretary of the Geithner is comfortable with giving urge my colleagues to do the same. Treasury could result in years of stag- tax dollars away, but not so much with The position of Secretary of the nation and high unemployment. paying them himself. Documents show Treasury is one of the most important

VerDate Mar 15 2010 10:38 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR09\S26JA9.000 S26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 26, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 1445 nominations this chamber considers. Treasury Secretary is in charge of the based on understanding and knowledge. The Treasury executes the domestic Internal Revenue Service and the en- We are not doing so today. and international economic policy of forcement of our Nation’s tax code. As Mr. President, I intend to vote the United States; our trade policy, the one of my colleagues already noted, against the nomination of Mr. Timothy purchase and sale of public debt, regu- ‘‘How do I explain to my constituents Geithner as Secretary to the U.S. De- lation of national banks, and of course that I voted to confirm someone who partment of the Treasury. The Senate our tax policy. All revenues of the Fed- will make them pay taxes, but some- needs more time to fully address the eral Government pass through the times does not pay his own taxes?’’ problems I have identified and debate doors of the Treasury. This negligent behavior deserves more Mr. Geithner’s qualifications. I respect- This position is even more meaning- than a simple slap on the wrist or half- fully urge my colleagues to vote no. ful when we consider the economic con- hearted apology before a Senate com- I yield the floor and suggest the ab- dition of the United States today. We mittee. sence of a quorum. are in the middle of a global financial In previous years, nominees for posi- The ACTING PRESIDENT pro tem- crisis. The U.S. economy is slowing and tions that do not oversee tax reporting pore. The clerk will call the roll. Americans are losing their jobs, homes, and collection have been forced to The assistant legislative clerk called and retirement savings at an alarming withdraw their nomination for more the roll. Mr. KYL. I ask unanimous consent rate. The Secretary of the Treasury minor offenses. They have been ridden that the order for the quorum call be will be immediately tasked with turn- out of town on a verbal rail. They have rescinded. ing our economy around. This chal- been forced to withdraw. The fact that The PRESIDING OFFICER (Mrs. lenge can only be met by the most ca- we are in a global economic crisis is HAGAN). Without objection, it is so or- pable and qualified candidate. Unfortu- not a reason to overlook these errors. dered. nately, I do not believe that candidate It should be a reason to more closely is Mr. Geithner. scrutinize Mr. Geithner’s record and f As chairman of the New York Fed- his judgment. SCHIP REAUTHORIZATION eral Reserve, Mr. Geithner helped to The Treasury Secretary makes policy Mr. KYL. Madam President, this orchestrate major bailouts for Bear decisions every day that impact the week the Senate is considering the so- Stearns, AIG, Citigroup, and others. global financial markets and put called SCHIP bill, the State Children’s These bailouts have cost American tax- America on a new economic path. Health Insurance Program, which is payers billions of dollars. The AIG bail- These decisions are often made without what SCHIP stands for. It is a program out alone cost $85 billion in September, the explicit consent, or even knowl- that has been worthwhile to take care 2008. Many of the actions taken by the edge, of those outside the administra- of kids who are from families of lower New York Federal Reserve, under tion. While the Senate cannot scruti- income and need help with their health Geithner’s leadership, were beyond the nize and debate every decision the Sec- insurance. Last year, we attempted to purview of the Emergency Economic retary makes, it is our duty to ensure work in a bipartisan way to get a reau- Stabilization Act and taken without the President’s nominee has the char- thorization of the so-called SCHIP bill. the explicit consent of Congress. acter and judgment necessary to per- This year, however, the Democratic The money used in these bailouts was form these duties successfully. Mr. majority has decided to work it alone, spent without transparency or ac- Geithner’s past negligence casts doubt to write a partisan bill without Repub- countability. They were also spent on on his qualifications in this regard. lican input. In fact, every single one of corporate retreats and executive com- Some of my colleagues in the Senate the Republican amendments offered pensation instead of loans to thaw our have argued that, despite these con- during the Finance Committee markup frozen credit markets. Mr. Geithner’s cerns, President Obama should have his of this bill last week was defeated. career at the New York Fed should be choice of economic counsel confirmed There was one small amendment that described more as a financier of Wall because he is the President. I respect- was accepted; otherwise, they were all Street than as a steward of American fully disagree. We are charged with the defeated. monetary policy. I am apprehensive advice and consent of nominees under It is my judgment that this is not the about supporting the nomination of the Constitution. Are we saying there best way to start off the year—working someone who puts shareholder inter- is only one person in the whole world together, bridging the partisan gap, all ests above the needs of hardworking qualified to handle the situation as it of the things President Obama talked taxpayers. is today? With the broad authority about, trying to put the old politics be- Mr. Geithner has also failed to pro- granted to the Treasury Secretary and hind us—if we are simply going to ap- vide specifics about his plans to use the the enormous challenge facing the new proach something this important on a remaining $350 billion in TARP fund- Secretary to right our country’s eco- partisan basis. ing. His testimony before the Senate nomic ship, President Obama’s choice I rise to talk about four specific ways Finance Committee last week dis- impacts every American in a very per- in which I hope we can come together played the same urgency and strong sonal way. The Senate would not be and work in a more bipartisan way to language as former Secretary doing its duty if we simply confirmed improve the bill. It doesn’t put low-in- Paulson’s testimony before the Senate this nominee without addressing these come children first, and that should be Banking Committee in September. issues. the whole point of the SCHIP bill. Soon after, however, we saw that Many of my constituents are asking, First, it expands SCHIP to higher in- money spent in ways unaccountable to ‘‘Are you seriously considering putting come families—in fact, for two States and unintended by the U.S. Senate and someone who failed to pay their taxes and only two States, for families mak- the American taxpayer. Measurable in charge of the department which con- ing $88,200 a year. That is not for the goals and clear direction are absolutely trols the IRS? You couldn’t find any- State of the Presiding Officer or for my required if American taxpayers are to one better?’’ Yet that is exactly what State. That is only for New York fully understand how and why their we are doing. Many of your constitu- State. People in New York State would money is being spent to assist failing ents are asking the same thing, but my be able to make $88,000 per year—actu- banks and companies. So far, Mr. voice seems to be one of the few of dis- ally, about $40,000 even above that— Geithner has provided neither. I have sent. But that is not why we have a and qualify. So it is not about helping not and will not support massive Gov- Senate. The Senate is not supposed to low-income children. ernment intervention to rescue private be a group of ‘‘yes men’’ rubber stamp- Second, it removes about 2.5 million industry. ing everything the executive branch people who are already in private in- Finally, I believe Mr. Geithner’s fail- sends us. We are supposed to stand out, surance programs with their employer. ure to pay $34,000 in Social Security stand up and reason during the rush. It will result in their leaving the em- and Medicare taxes is inexcusable. The We are supposed to think and then act ployer’s health care coverage to come

VerDate Mar 15 2010 10:38 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR09\S26JA9.000 S26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 1446 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 26, 2009 to a Government-sponsored program, Let me put this in perspective. In Ari- This would be for the first time since something called the ‘‘crowd out’’ ef- zona, the Arizona KIDS Program cov- actually 1882—our Federal law dates fect. ers families earning $44,100 per year or back that far—with regard to immigra- Third, it is actually not even paid for 200 percent of poverty. That is low-in- tion. in the sense that we normally treat come families. But under this bill, Ari- We are a nation of immigrants. We these authorization bills. We try to zona’s hard-earned taxpayer funds will invite immigrants to come here. My make sure that whatever new spending be sent to cover families who earn grandparents are immigrants. We want we provide is offset by some other twice that much in New York State. to make sure that when they come spending. But there is a budget gim- That is not fair. It is not right. here, they don’t immediately become a mick that is used to account for the To make matters worse, the com- public charge or go on welfare. That is spending in this bill. mittee acknowledged that States may why, starting as far back as 1882, we Finally, for the first time it signifi- intentionally disregard tens of thou- said: You need to take care of yourself cantly expands the program to include sands of dollars worth of income in when you come here and not ask the not only citizens but legal immigrants, order to make a child eligible. They Government to do it or at least have primarily green card holders. It elimi- could disregard, for example, $20,000 a your sponsor affirm that he or she will nates most of the requirement for dem- year in housing expenses, $10,000 a year take care of you. That was affirmed in onstrating eligibility for citizens, in transportation expenses, $10,000 a 1996 when we updated the legislation. which would result in a lot of illegal year for clothing expenses. The net re- This mark would eliminate that re- immigrants getting coverage. sult is that if Congress sets this level quirement, so that from now on legal In these four important areas, we of $88,200 for New York and then allows immigrants, primarily green card hold- ought to work together and find a way $40,000 worth of income disregards, ers, would be able to avail terms of this to amend the bill before we end up vot- children could actually come from fam- coverage. It is about 300,000 individuals estimated at a 5-year cost of $1.3 bil- ing on it, perhaps at the end of the ilies earning nearly $130,000 and still be lion. I don’t have the CBO number for week. eligible for SCHIP. That does not com- the 10-year cost. That number doesn’t Let me first turn to the question of port with what either Senator Obama even begin to take into account people the budget gimmick. Sometimes you said he wanted or what most of us who are here illegally but who might say how much something costs. In the think would be fair. Senate, our scoring always requires Third, I talked about the crowd-out actually make legal under some kind of immigration reform, if that were to that we show a 5-year cost and a 10- effect, especially by extending this to happen. It is also estimated that about year cost. That is a good thing to do. higher income families. We are going 100,000 of these 300,000 individuals What they do in this bill is make it to replace a lot of private insurance would be crowded out from either pri- work, in effect, for about 4.5 years, with Government insurance. In fact, vate insurance or State insurance cov- then they slow the spending way down according to the Congressional Budget erage. So we continue to have the so that it doesn’t look as if it is going Office, about 2.5 million individuals to cost any more. The result would be crowd-out effect here. will lose their private coverage under The problematic section is section that we would have to disenroll mil- this bill. 211. This will likely increase the num- lions of children. Think about it. Are It is interesting that last year we ber of illegal immigrants and other in- we being honest when we have a level raised this problem. It was considered eligible individuals because it elimi- of spending for 4.5 years and then it to be a serious problem. But my nates the current document drops off a cliff to virtually nothing? amendment to try to deal with that verification to demonstrate that you Are we honest to say that is the 10-year failed. Nevertheless, when the Demo- are entitled to accept the benefits of cost of the bill when we know we would cratic House leaders and Democratic the program. What this does is to say have to disenroll kids in order to make Senate committee members got to- that all you have to do is provide a So- it work that way? No. The reality is, gether, they wrote a provision to deal cial Security number. In my State, all we are going to continue to keep the with the crowd-out, recognizing that it of the illegal immigrants—virtually all level of spending for the entire 10 was a serious problem. They passed the of the illegal immigrants have Social years, and the bill, therefore, will cost bill. This was written in part by the Security numbers. In fact, they have a about twice as much as we say it is chairman of the Finance Committee. lot of Social Security numbers some- going to cost. In fact, the Congres- That crowd-out provision, however, times, most of which are probably not sional Budget Office, which pays atten- was dropped from this year’s version of valid, some of which, however, are tion to these things, says the cost of the bill. There is no crowd-out provi- valid. So even if they are checked the bill is going to be about $115.2 bil- sion. So in the committee, I offered an through the system, which this bill lion over 10 years, of which only $73.3 amendment to insert their crowd-out does not require, you would catch billion is offset. So the net result is a language, the language drafted by the them. All you have to do is to say: $41.6 billion deficit spending bill for fis- chairman of the committee, passed by Here is a Social Security number. Now cal years 2009 through 2019. That is the the House and Senate last year. That let me avail myself of the benefits. first problem. amendment failed. That is the whole point of the immi- The second problem is that the bill is Well, maybe it is premature to deal gration reform legislation. That Social not limited to low-income families. In with the problem of crowd-out. We Security number proves nothing with fact, it is extended to quite high-in- know there is going to be crowd-out. regard to eligibility. That would be come families. It permits States to The Congressional Budget Office says substituted for the requirements al- cover children from families earning as there will be, and the time to deal with ready in the bill. much as $66,150 per year. That is 300 it is before we adopt the legislation, Are the requirements already in the percent of poverty. That is well above not after. bill onerous? I think not. There are SCHIP’s original intent of 200 percent Finally, let me close with the immi- four different levels of documentation of poverty. Of course, the more you in- gration-related section, section 214. you can provide. The last document, crease the income level, the more like- This eliminates the current 5-year bar tier 4, is when you can’t do any of the ly it is that you are going to crowd out allowing Federal coverage of Medicaid other things, you can simply have two people who already have insurance. or SCHIP coverage for legal immi- individuals affirm your citizenship. As I mentioned, there is even an ex- grants. These are primarily green card You can do this by mail. You don’t ception for New Jersey and New York holders. Not even the House bill goes even have to show up in person. So it is which would allow families in New Jer- this far. The Senate bill actually elimi- not as if we have onerous requirements sey earning approximately $77,175 per nates the requirement that sponsors of today to participate in the program. year to qualify, and in New York, immigrants reimburse the Federal Even with the very generous provi- $88,200 a year or 400 percent of poverty. Government for immigrants’ coverage. sions we have, it is my understanding

VerDate Mar 15 2010 10:38 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR09\S26JA9.000 S26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 26, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 1447 from a GAO study in 2007 that we think Take, for example, what we have seen I have spoken personally to the most of the people who are eligible are recently on the Wall Street greed, nominee, and he has said—and I want signing up and we are not getting a lot when you have a former Merrill Lynch to quote him—‘‘I completely get it.’’ of ineligible people signing up. In other executive spending almost a million So I am assuming he is going to be con- words, people are not gaming the sys- and a half dollars on his office renova- firmed today. I will vote for him. I ex- tem, and that is a good thing. But why tions while his company was forcing pect swift action to back up these make it easier to game the system, es- layoffs as well as having huge losses words. The American people expect pecially to play into the hands of those and while the company that was ac- swift action by all of us to bring Wall who are here illegally, who use a Social quired—his company—was asking for Street and this economy back in line. Security number for work purposes and billions of dollars, and receiving it, We do not have any time to waste. now could use it for this purpose, sign- from the public moneys. Well, there is There is simply too much at stake. ing up for SCHIP. obviously a problem. Madam President, I suggest the ab- We will have amendments that deal A number of us have filed legislation sence of a quorum. with each of these subjects. The bot- that is going to try to get at this issue. The PRESIDING OFFICER. The tom line is, we should get back to deal- Even with this being put in the law, a clerk will call the roll. ing with this subject in a way in which new law saying none of this bailout The legislative clerk proceeded to both Democrats and Republicans can money can be used for office renova- call the roll. have input into the bill and actually tions and political contributions or to Mr. DURBIN. Madam President, I ask solve some of the problems. I know go off on all these extravagant con- unanimous consent that the order for some of my Democratic colleagues ferences or for corporate aircraft or for the quorum call be rescinded were interested in this eligibility issue entertainment and holiday parties or The PRESIDING OFFICER. Without because they don’t want a lot of people for executive bonuses—all of these objection, it is so ordered. getting benefits who aren’t entitled. It things that have come forth when the Mr. DURBIN. Madam President, I ask will only hurt those who are entitled. light of day is shone on them, having unanimous consent to speak as in We need to have strong eligibility re- so enraged our people and our constitu- morning business. quirements. ents—well, even if we get this into the The PRESIDING OFFICER. Without We don’t want to begin to expand law—and I hope we will be able to pass objection, it is so ordered. this program to people who are not this legislation a number of us have f filed—it is still going to take the ad- citizens of the United States and who ISSUES FACING AMERICA have a contract with the United States ministration riding herd on this issue when they come here as our guests, ei- every day, and that means primarily Mr. DURBIN. Madam President, this ther on a temporary basis or on a green the Secretary of the Treasury. is the first full week of our new admin- card. They understand their obliga- We are going to be voting on the con- istration, and many of us sense things tions when they come here. One of firmation of the Secretary of the have changed for the better, and we are their responsibilities is not to begin to Treasury at 6 o’clock today. It is this hopeful. We can’t assume anything be- receive benefits of this kind from the Senator’s intention to vote for Tim- cause there is a lot of hard work ahead, taxpaying American citizen. othy Geithner. But what is it going to and we are going to have to try every- For these four reasons, I hope that take to get Wall Street’s attention and thing we can to resolve some of the when this legislation comes before us, to restore the American family’s qual- major issues that face our country that we are able to not only amend the bill, ity of life? It is going to take real ac- we can address in the Senate. work to amend the bill, but will actu- countability. That means the next Sec- We were successful last week, in ally have amendments adopted and retary of the Treasury is going to have passing with 61 votes—bipartisan roll- that we can improve the legislation so to ride herd and, when he appoints an call—the Lilly Ledbetter legislation. that we can all be proud to support it accountability board, to make sure This was a bill which tried to cure a at the end of the day. If not, an awful that board is meeting—like the last problem created by a Supreme Court lot of Republicans, including myself, Secretary of the Treasury did not. decision that was questioned about will not be able to support the legisla- They did not meet once to see how that whether women should be entitled to tion. first tranche of $350 billion of the bail- equal pay for equal work. Lilly The PRESIDING OFFICER. The Sen- out money was being spent—not once. Ledbetter, after 15 or 16 years working ator from Florida is recognized. So I come from the sunshine State. at a tire company in Alabama, discov- f We believe in letting the sun shine in. ered that within her job classification This means not getting ahead of our- men were being paid more than she as GEITHNER NOMINATION selves when Wall Street comes crying a woman. She did not discover this Mr. NELSON of Florida. Madam that one of their unregulated financial until she was about to retire. So she President, we all know because of what schemes threatens to destroy our way filed a lawsuit and the Supreme Court we have seen in our various States that of life, and then turns around and across the street reached a conclusion our people are hurting; they are losing throws some party on some Caribbean which no other court had reached and their homes; they are losing their jobs; island. It means putting in place regu- said Ms. Ledbetter could not recover they are falling behind in their mort- lations with the right carrots and because she didn’t report the first dis- gages; They are losing their businesses; sticks so we are not gambling with our criminatory paycheck paid to her in— and they are losing their life savings. country’s future. I think it was 180 days. Her answer, Now, we clearly have the mandate So as we are about to confirm the which most people who work in the pri- that, if it is humanly possible, we need next Secretary of the Treasury, there vate sector would say, is, How am I to turn this economy around. So the is not a more important mandate than supposed to know what the fellow next people of this country are expecting to for him to crack the whip and make to me is getting in his paycheck? They see us take some real action—real ac- sure this Federal money, this public don’t publish these things. So when she tion—on trying to turn this economy money, this taxpayer money, is being did discover it and filed it, they said around. We, in this position, rep- spent as it was intended, and holding she was too late. resenting our States, are very privi- people accountable, and reporting the So we changed the law so, if there is leged to have the public’s trust and the results. If we do not get the account- discrimination, a person will have their responsibility that comes with that ability and the transparency, if we do day in court. They will have a fair trust. Part of that responsibility not get what we expect from the banks hearing. The reasonable attempts to means when there is a problem, we that willingly accept this money, then discover the information are enough. have to shine light on the problem and we should demand the public’s money The Supreme Court standard was un- find out what it is. back. reasonable. So that is the first thing

VerDate Mar 15 2010 10:38 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR09\S26JA9.000 S26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 1448 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 26, 2009 we will pass, sending that to our new eral tax was going to be used to provide Some of the Republicans and col- President, President Obama. It is a bill health insurance for kids. umnist George Will have argued we are which we considered before under I think it is a fair tradeoff. I will vote being too generous, that we are pro- President Bush but did not have the for that proposal. I have voted for it. viding health insurance to families who votes to pass before. So now a bipar- We passed the bill twice and sent it to ought to be able to pay for it them- tisan group is sending it to the Presi- President Bush. He vetoed it both selves. I disagree, and I think some dent. times. So now it is coming back. people making this argument are out This week we are on a new issue, and We are going to consider this bill in of touch with what these families face. the new issue is another matter that this week’s debate. I have had reports Imagine if you are a family making has come before us in previous Con- about my Republican colleagues who $42,000 a year, and by way of specula- gresses and is returning. It is the Chil- have come to the floor critical of this tion, most people pay about 40 percent dren’s Health Insurance Program. This bill. It is their right to oppose it. I of their gross pay in FICA and taxes. was a program that was started back in have opposed bills they supported in So you are likely to see about $26,000 a 1997 under President Clinton and a Re- the past. That is what the Senate is all year in take-home pay out of $42,000— publican Congress. The object was a about. But I would like to address each maybe a little bit more but $26,000. good one. of the arguments they are making. That comes out to a little more than First, there is no doubt in my mind We know across America there are $2,000 a month to live on for every- this is important. How important is it some 15 million children who are unin- thing—for your mortgage or rent, your for a parent to know their kids have sured, and we need to find a way to utilities, putting gas in the car, auto- access to a doctor? I think it is one of bring them insurance. If these children mobile insurance, food, clothing—the the most important things. If you have are in the poorest families in America, list goes on. A little more than $2,000 a we take care of them. The Medicaid ever had a sick child, particularly one who needed care, it breaks your heart month. Program for the poorest kids in Amer- I have a niece who is a part-time ica provides for these children. How- to know you cannot take them to the best doctor or hospital, maybe not to worker. She works here and there ever, if they are not among the poorest where she can. She is a mother whose and their parents are not lucky enough any doctor or hospital. We all know that if you can reach a child is now an adult. I asked her re- to have health insurance, they fall child with a problem such as asthma at cently: Paula, what do you pay? What right in the middle. an early age and start treating the would you pay for health insurance? Here are kids whose parents get up child, it is less likely that child will She said: It is $400 a month. That is and go to work every day where the have serious problems later on. what they quote me. She said: I can’t work does not provide health insur- Most of us understand intuitively pay that. And I understand why she ance. So we said to the States: We will that providing health insurance for cannot pay it. give you a special deal because we kids is not only compassionate, it is If we use that as a hypothetical fig- think it is important for America to the smart thing to do. Those kids are ure, $400 a month, out of a take-home provide health insurance for as many more likely to be healthy. They are pay of $2,000 or $2,200 a month, that is kids as possible. What we will do is more likely to go to school and not be a big piece of the paycheck. So to help give you more Federal funds than usual absentees. They are more likely to these people with children’s health in- as an incentive to bring these kids in, grow up to be healthy adults. That is a surance, at least to cover their kids, is get them insured. pretty good outcome for this country. not unreasonable. It is not like we are The States got involved, and it has The opposite is true as well. Without been a success. More and more kids giving a subsidy to rich people. health care, these kids may have little Elizabeth Warren is a Harvard pro- have been brought into the program. In problems that grow into big problems. my State of Illinois, about 65 percent fessor of law whom I respect. She may They will start missing school, and be one of the best speakers for con- of the cost is paid by the Federal Gov- they may become chronically ill at a ernment, 35 percent by the State. So sumers, particularly middle-income point where they become extremely ex- consumers, across America. She took a whenever a Governor comes up with an pensive, not to mention compromising idea to bring more kids in, that Gov- look at people making about $49,000 a their quality of life. year, smack dab in the middle of the ernor knows he has to put the money So here we are trying to expand the middle class, and what happened to on the table, at least 35 percent of the Children’s Health Insurance Program, them over the last 8 years. What she cost, to bring in more kids. and the argument on the other side is found was their income did not keep Unfortunately, the program was ex- we should not do it, at least not the pace with the cost of inflation. We piring and many of the kids had not way we have proposed. been reached. Currently, we have 9 mil- I think it is priority. I am glad Presi- know that is true. People were not get- lion children under the age of 18 who dent Obama has asked us to send him ting paycheck increases to keep up are uninsured and 6 million of them are this bill as quickly as we can. I want to with the cost of living. eligible for CHIP and a combination get these kids covered. The sooner we She calculated that between 2000 and with Medicaid. We wanted to try to do, the better for them and their fami- 2007, these people lost about $1,100 be- bring up this number. It costs money lies and the better for our country. cause the cost of living went up and because we are putting Federal money We know when this policy was insti- their paychecks did not go up. Food into it. So we said: What is a reason- tuted 10 years ago, more and more kids costs were up $205; telephone bills $142; able way to pay for it? It happens to be received the basic care that people appliance costs, gas bills—the list goes a way I voted for consistently and that want them to receive. on and on, including mortgage pay- is raising the tax on tobacco products. There are some other considerations ments, gasoline, and childcare costs. Some people may see this a little dif- too. Here is how we define ‘‘eligi- It turned out those people smack dab ferently, but, by and large, I know, and bility.’’ We say that if you are no high- in the middle of the middle class, mak- our life experience proves, that when er than 200 percent of what we call the ing what middle-income families made the cost of tobacco products goes up, poverty income, then your kids are eli- at $49,000 a year, had actually fallen be- fewer kids will buy them. If we can gible. What does that mean? It is about hind over 7 years by $5,000. stop a kid from starting to smoke be- $42,000 a year in income. Then we say The point I am getting to is this: I fore the age of 18, there is a better than to the States: If you want to expand think it is hard for us as Members of 50–50 chance they never will smoke. Ex- that to a higher level, up to 300 per- the Senate who get paid pretty nicely, pensive products with the taxes that cent, a family income of $63,000—each I might add, and have some benefits to are imposed discourage kids from buy- State has that option, but if you ex- go with it, to stand here and say, if you ing them and provide the revenue for pand it, you have to put State money have $42,000 coming in, even if you have this program. So the 61-cent new Fed- on the table. You do not get this free. $63,000 gross pay coming in, you don’t

VerDate Mar 15 2010 10:38 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR09\S26JA9.000 S26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 26, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 1449 need any help in paying for health in- lies. How can we continue to support a CONCLUSION OF MORNING surance. That is not true. I don’t think policy that says to our future Amer- BUSINESS it is accurate. ican citizens: You have to wait 5 years The PRESIDING OFFICER. Morning This program should be in a position to see a doctor, to get your immuniza- business is closed. where it can look at families and say: tions, to feel better. No child should f We will give you a helping hand to have to wait 5 years for health care. make sure your kids are covered. That Five years can be a lifetime to a little EXECUTIVE SESSION is reasonable. boy or girl. So as to needing the program, we cer- In the 5-year waiting period, we may NOMINATION OF TIMOTHY F. tainly need it with 9 million uninsured miss an opportunity to diagnose and kids under the age of 18. Whom it GEITHNER TO BE SECRETARY OF treat asthma, autism, hearing impair- TREASURY should reach: Certainly people making ments, or vision problems. These are $42,000 a year gross income are not conditions that may have lifelong con- The PRESIDING OFFICER. Under wealthy or not well off, even up to sequences for a child’s health, edu- the previous order, the Senate shall $63,000, 300 percent of poverty. It is cational attainment, and well-being. proceed to executive session to con- hard to imagine they have so much sider the following nomination, which Our country is better than that. We money that they couldn’t use a helping the clerk will report. will debate these amendments, as we hand with health insurance. The bill clerk read as follows: should. That is what the Senate is The final point that is made is a Department of Treasury, Timothy F. about: deliberation, votes, and resolu- tougher one, and it is one we are going Geithner, of New York, to be Secretary of tion of issues. Then I believe we will to be debating this week. Here is what the Treasury. send this Children’s Health Insurance it comes down to: Should we cover the The PRESIDING OFFICER. The Sen- Program to President Obama. Despite children of people who are in the ator from Utah is recognized. the two vetoes by President Bush, we United States legally but not citizens Mr. HATCH. Madam President, I rise are going to extend this program be- for the first 5 years they are here? We today to express my support for the cause our vision of America was articu- have had this debate back and forth for confirmation of Timothy Geithner as lated by President Obama at the begin- 10 or 12 years. We have decided from President Obama’s choice as Secretary ning of his campaign. He used to talk— time to time to extend food stamps to of the Treasury. I am aware this nomi- in fact, he spoke this way when he was these people legally here but not citi- nee is not free of controversy. My of- a Senator from Illinois and even a can- zens. The question is: Should their fice has received many calls from didate for the senate in Illinois—that children receive health insurance cov- Utahns who are concerned about Mr. the misfortune of a child in East St. erage if they are legally in the United Geithner’s admitted errors in initially Louis had an impact on his life in Chi- States? failing to report and pay his own self- cago; the misfortune and lack of edu- There will be some who will argue: employment tax. Many of them cation of a child on the south side of No, don’t do it. I am not one of those brought up the valid point that the Chicago affects people living in better- people. I honestly believe America is Secretary of the Treasury, the person off suburbs. not better off with sick children. I do who is ultimately in charge of col- not believe we should be naive enough Bottom line, in a few words, we are lecting taxes from all Americans and to think a sick child, who happens to in this together. If we improve the who oversees the Internal Revenue be an American citizen sitting in the quality of life for our children, give Service, should be beyond reproach in classroom with your own child, is not them a fighting chance to be healthy his own tax filings. Many of our col- going to spread the germs, is not going and well educated, to become partici- leagues on both sides of the aisle are to have problems that could reach pants in America, we will be a better also uneasy about this problem. I un- other kids. I guess this betrays my own nation. To turn our back on them, to derstand and I share this concern. personal values. I would much rather shun and push aside millions of kids, The Senate has a solemn responsi- see these kids healthy and given a for whatever reason, is not good for our bility in confirming key officials in the chance. Yes, it is going to add some country in the long run. It is not the executive branch, and the Treasury costs, but they are legally here. We are value system we are all about. Secretary is among the very most im- not talking about undocumented peo- We provide foreign aid, and I support portant roles in the administration, ple. They are legally here, and they are that, to countries around the world to both historically and particularly at in the status of on the way to citizen- help kids who may never set foot in the this critical time. My guiding principle ship or at least temporarily legal in United States. We do it because we are for approving the President’s nominees the United States. caring people. Shouldn’t our care be ex- has always been that the President, as That is an issue we will debate. This tended first to our own children to chief executive of the Nation, should be law does not require them to be cov- make sure they have basic health in- entitled to the person he or she choos- ered. Each Governor has to decide. It is surance? es, and that the Senate has an obliga- the State’s decision. If the States don’t I am looking forward to this debate. tion to confirm those choices except in want to cover them, that is their deci- I hope it is the beginning of a good de- cases where it is obvious the nominee sion. bate and a good outcome and that this is either incompetent, corrupt, or un- These folks are likely to become to- bill will be sent to President Obama, ethical. While not all my colleagues morrow’s citizens. Census data shows who will have a chance to sign it into share this view, I believe it is the cor- most immigrants who enter the United law to give these kids a fighting chance rect one, and that it helps us stay States when they are children become for decent health care. above the petty partisanship that U.S. citizens. These are the children I yield the floor, and I suggest the ab- sometimes enters into these nomina- who will grow up to be the adults we sence of a quorum. tion processes and harms the effective- need to be in our workforce and to be ness of our Government. The PRESIDING OFFICER. The productive citizens, people who will Upon careful examination of this clerk will call the roll. make contributions to the U.S. econ- nominee, it is obvious that Timothy omy, pay their taxes, start businesses, The bill clerk proceeded to call the Geithner is neither incompetent nor serve in the military, and participate roll. corrupt, and certainly not unethical, in America’s civic life. Mr. HATCH. Madam President, I ask and that he should be confirmed as There are 18,000 legal immigrant chil- unanimous consent that the order for Secretary of the Treasury. I have dren in my home State of Illinois. the quorum call be rescinded. reached this decision after weighing These are future adults who will go to The PRESIDING OFFICER. Without the facts of his tax situation with his school, make a career, and create fami- objection, it is so ordered. impressive education, experience, and

VerDate Mar 15 2010 10:38 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR09\S26JA9.000 S26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 1450 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 26, 2009 intelligence, and keeping in mind the is intimately familiar with all arms of unprecedented and dangerous time desperate financial crisis currently fac- U.S. policymaking. makes it all the more imperative that ing this country. For instance, he is no stranger to the we vote quickly on this nomination. I In announcing this conclusion, I be- Treasury Department, where he served do not believe we have the luxury of lieve I owe it to the people of Utah to in significant positions for 8 years. leaving this position unfilled even an- explain that I view Timothy Geithner’s That means he knows the agency, the other day. Rejecting this nominee tax issue as a very serious matter. He personnel, and the tasks that will face would lead to a delay of weeks in get- is the top tax officer in the United him when he is confirmed. It means he ting our new executive branch eco- States of America and, I might add, can hit the ground running on day one nomic team focused on the problems at next to the President himself, is the and has the know-how to get the econ- hand. Such a delay could be hazardous person who bears the ultimate respon- omy moving again, although that is to a timely turnaround to the financial sibility for collecting the revenue this going to be a monumental job even for and economic crisis. Moreover, rejec- Nation needs in order to operate. As Mr. Geithner. tion of Mr. Geithner brings about the such, the Treasury Secretary must be Moreover, Mr. Geithner has already very real risk that the next person the an example to all Americans in tax and been a major player in addressing the President might nominate could be less financial issues, and any shortcomings Nation’s response to the economic situ- effective for the job, even if he or she in this area can be an impediment to ation. As head of the New York Federal had a spotless tax compliance record. effective tax compliance. The fact Mr. Reserve—actually president of the New I might add for my fellow conserv- Geithner has had this issue arise, and York Federal Reserve—he has worked atives out there, who are very upset that he admitted committing serious closely with Secretary Paulson and about this—some up in arms about it— oversights on several of his tax re- Federal Reserve Chairman Ben you are not going to get a better per- turns, is indeed regrettable. It has Bernanke in crafting the Government’s son for this job than Mr. Geithner, and marred an otherwise singularly out- response to the financial crisis. He you better be darned happy that the standing nominee’s record and has knows firsthand what has worked and President has been willing to go to given pause to some in the Senate what has not, and is therefore best somebody who is a lot less ideological about his fitness to serve. equipped to apply the remedies that than any of us ever expected in this At the same time, it is important to will be most successful. He knows the very important position. It is one thing note that people make mistakes and issues and he knows the landscape and to raise the issues. It is one thing to commit oversights. Even the most in- the tools available to address these decide to vote against him. It is an- telligent and gifted—two adjectives problems. other thing to not acknowledge that that certainly apply to Mr. Geithner— Have our actions to date in respond- this is a man who could really help this make errors in their financial dealings. ing to this economic calamity been country at this time. For his part, Mr. Geithner has cor- perfect? Almost certainly not. Have Moreover, Mr. Geithner will not ap- rected the problems by filing amended mistakes been made? Yes, they un- proach the job of Treasury Secretary returns and paying the taxes due, with doubtedly have. Unfortunately, it is from an ideological or partisan per- interest. I recognize he did not come too early to assess with complete accu- spective. At least that is what he has forward and pay the taxes for the ear- racy the effectiveness of our response told me, and I believe he is a man of lier 2 years which were not covered by to this complex and unprecedented sit- honor. A less experienced and perhaps the audit until shortly before his nomi- uation. However, the fact that Mr. more partisan and ideological nominee nation was announced. This is true Geithner recognizes mistakes have oc- could prove divisive here in the Senate, even though he was credited for those curred makes him more valuable, in thus leading to even more delay, and, if taxes by the International Monetary my view, in the continuing effort to confirmed, that person could find him- Fund, and I wish this were otherwise. right our economic ship. I would rather self or herself engulfed in a maelstrom But the nominee has stated that he have at the helm a battle-hardened vet- without the experience from which to wishes he had acted differently as well. eran who knows the shoals and whirl- navigate. Timothy Geithner, I am con- Mr. Geithner has admitted his errors pools than a neophyte who has to wade vinced, will steer clear of partisanship. and expressed regret for them. I believe into these churning waters for the first I believe he will chart a course for bi- he is sincere. I have had a number of time. It is imperative to the Nation to partisan cooperation rather than em- meetings with him and I am convinced have a Treasury Secretary who won’t bark on leftwing solutions that would he is sincere, and that he was when he sink or merely tread water but will divide the Congress and endanger our testified that these omissions were swim. In my estimation, Mr. Geithner beautiful and wonderful country. mistakes and were not intentional. I is that man. As I conclude my remarks, I feel con- think anyone who would talk to him Because of his experience at the strained to point out what I see is a personally and go through this with Treasury and the Federal Reserve, and double standard, illustrated in this him would come to the same conclu- the fact that he has been working arm nomination. Having lived through the sion. While these mistakes have, to in arm with Secretary Paulson and last 8 years with President Bush, I do some degree, cast a shadow on Mr. Chairman Bernanke, Timothy Geithner not think there is any question that if Geithner’s selection, it is important is more aware of the complexities of this had been a Republican nominee that they not be allowed to overshadow the issues facing us than probably any- with these same problems, many in the his impressive credentials and the very one else the President might have cho- media and some on the left of this body real expertise he will bring to this sen. Moreover, he knows the financial would have reacted with such an out- job—an expertise that is sorely needed markets and the counterpart officials cry to the tax compliance issue that at the present time. And that is ac- to the Treasury Secretary around the the President would have had no choice knowledging that Mr. Paulson, our cur- world. That is evident from his experi- other than to withdraw the nomina- rent Secretary of the Treasury, has ence in the Clinton administration as tion. A Republican nominee in Mr. tried to do a very good job, and has Under Secretary for International Af- Geithner’s position would not have done a very good job under the very fairs and the critical role he played in even gotten a committee vote. We all pressing conditions he has faced. devising the successful United States have seen that. Time after time, some Let there be no mistake, Mr. response to the Asian financial crisis— of the most qualified people were re- Geithner is not merely acceptable for not an easy thing to handle, and he did jected, were not even given a chance. I the job, he is highly qualified. Indeed, it amazingly well. do not believe that was the right thing his portfolio, knowledge, and skills I am comfortable that despite the done then, and I do not think it is the make him uniquely qualified to serve blemishes of his tax problem, Mr. right thing now. I do think people in a and are sorely needed by this Nation as Geithner should be confirmed to this principled fashion can vote one way or we face the current economic crisis. He vital position. The fact that this is an the other on Mr. Geithner, but I hope

VerDate Mar 15 2010 10:38 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR09\S26JA9.000 S26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 26, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 1451 for the sake of our country they will Treasury. Furthermore, while facing and does act exactly the way they have vote to support him. these challenges, something our econ- to act. I believe that if Timothy Geithner is omy needs now is confidence in our Needless to say, it is troubling to me confirmed, it will largely be due to the leaders and in Government. that only after Mr. Geithner was nomi- fact that many on my side were willing With the critical nature of the job, nated to this post did he realize his to put partisanship to the side for the with the authority over the Internal failure to pay his taxes while employed sake of what is best for the country at Revenue Service, payment of necessary at the International Monetary Fund. this time. taxes in the required time parameters I, therefore, am standing here today Looking forward, I see a real need for is essential. to say that I am going to vote against continued cooperation on a bipartisan I have listened to some of my col- this confirmation. Whether he is con- basis. The current financial downturn leagues who have indicated that but for firmed or not, I hope the President affects all of us—everybody in Amer- these extraordinary economic times, looks very closely at future nominees ica. I hope all Americans and their they would find Mr. Geithner’s mis- whom he sends to the Senate and in- elected representatives can continue to takes disqualifying of his nomination. I sists that all of the individuals who are put politics aside in our pursuit to find believe extraordinary times call for ex- nominated comply with appropriate the best policies to help us out of this traordinary leaders, leaders who in- laws that they know exist. quagmire. spire and hold the confidence of the Madam President, I yield the floor. I expect we will be working closely American people, a Secretary who The PRESIDING OFFICER. The Sen- with Timothy Geithner if he is con- must set the highest standard for the ator from Oklahoma is recognized. Mr. INHOFE. Madam President, let firmed today, as I expect he will be. employees of the Department of Treas- me join my colleague from Georgia for Our expectations of him are very high. ury and the Internal Revenue Service. some of the same reasons and for some A less qualified or talented person For example, taken to its logical con- reasons he did not mention. I declared clusion, taxpayers must know that the might not have expected to survive some time ago that I would oppose the Internal Revenue agent with whom this confirmation process. Even an confirmation of Timothy Geithner for equally gifted veteran might not have they are meeting has paid his or her the position of Secretary of the Treas- made it through a less turbulent and appropriate taxes and that the agent’s, ury. risky time. ultimately, departmental superior, the First, I do not believe Mr. Geithner Mr. Geithner, I just have to tell you, Secretary, has paid his taxes fully and has been remotely candid about his tax as you resume work on solving our on time. issues. I think he has been less than thorniest financial problems, we send A week ago today, last Monday, I was forthcoming about all of the facts. For with you our best wishes even as we re- coming through the Atlanta airport, example, Mr. Geithner accepted com- call your pledge to give it your all be- and a gentleman walked up to me and pensation from his employer to offset cause we are going to need everything introduced himself. taxes when he had never paid those you have. He said: I am a retired Internal Rev- taxes to begin with. And, having been Madam President, I reserve the re- enue Service employee who was going informed about his oversight from the mainder of my time. to send you an e-mail today, and you tax years 2003 and 2004, he never both- I ask unanimous consent that a saved me from having to send you that ered to check for 2001 or 2002. quorum call be entered and that all e-mail. During my tenure at the Inter- Now, I can tell you I am sure he did quorum calls during this debate on Mr. nal Revenue Service, I was called upon check, but he is denying he did. I can Geithner be equally charged to both to fire three separate people who com- tell you for the people in Oklahoma sides. mitted exactly the same offense as Mr. and across the country, very much like The PRESIDING OFFICER. Without Geithner committed. the people in Atlanta who were re- objection, it is so ordered. This is not a criminal offense, but ferred to by the Senator from Georgia, Mr. HATCH. I suggest the absence of there are certain standards that must that small businesses or an individual a quorum. be adhered to. I know Mr. Geithner is who made an honest mistake on their The PRESIDING OFFICER. The extremely qualified. He is bright. I taxes have found their Government’s clerk will call the roll. don’t know what kind of replacement treatment of them slightly more ag- The bill clerk proceeded to call the the President may come up with in lieu gressive than they have seen in their roll. of Mr. Geithner. But at this point in treatment of Mr. Geithner, a man Mr. CHAMBLISS. Madam President, our history, at this point as we change about to lead the IRS. I ask unanimous consent that the order administrations and the people are It is one of those things that makes for the quorum call be rescinded. looking to Washington for some clear people so angry about their Govern- The PRESIDING OFFICER. Without and distinct evidence that things are ment. The man who wants to be in objection, it is so ordered. going to be different, here we are mak- charge of the IRS messed up with his Mr. CHAMBLISS. Madam President, ing an exception to the rule. I simply taxes and got a pass from the Senate. I rise today to speak on President think it is not the time to make that Now, for as much as we talk about lev- Obama’s nomination of Timothy exception. eling the playing field, it sure looks as Geithner to serve in his Cabinet as Sec- Last, I would say that this weekend I if we do not walk the walk. retary of the Treasury. Over the weeks spent part of my time filling out IRS I was very proud of one of our Sen- since Mr. Geithner has been nomi- documents relative to an employee on ators in the hearing; that is, JOHN KYL. nated, I followed closely the informa- whom I have paid taxes for years and He spent a long time—he tried; I count- tion regarding his background reviewed years. Every year at this time, I fill ed about 20 different ways. He was try- and discussed by members of the Sen- out a schedule H, and I also fill out a ing to ask the same question to get an ate Finance Committee. Additionally, I W–2 form for that employee. I pay the answer. He never got an answer. But he have been hearing from Georgians who taxes on that employee. I am getting did everything he could. are seriously concerned with the fail- ready to pay them as soon as I file my I emphasize my objection to Timothy ure of Mr. Geithner to properly pay his tax return, exactly as I have done for Geithner’s nomination to head the taxes. decades. That is the law. That is what Treasury Department is not just about In this time—a time of such eco- we are required to do. what we have been talking about—his nomic volatility and severe fiscal chal- When we ask the people in this coun- tax problems and the tax issues. The lenges the likes of which we, as a na- try to write that check on April 15 matter which compels my coming to tion, have not seen in decades—there is every year, a lot of them do not like to the floor is far more serious in my no more important official or role in do it, but they do it. We need for them mind. our Government other than the Presi- to know that the leadership at the De- I want Senators to realize what a dent himself and the Secretary of the partment of Treasury is called upon vote for Mr. Geithner really is. It is

VerDate Mar 15 2010 10:38 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR09\S26JA9.000 S26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 1452 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 26, 2009 ratifying aggressive Federal Govern- Paulson or Chairman Bernanke, would start by saying our country is ment intervention in the economy. It though, of course, they signed off on it. going through some very hard eco- is the flippant use of billions of U.S. It was Timothy Geithner. nomic times. When you are going taxpayer dollars to prop up favored in- After the deal was announced, Robert through hard economic times, you need stitutions and to pick winners and los- Novak reported in his column that an several things to get through. You need ers in the marketplace. unnamed Federal official confided in the resolve and the resilience of the This has created a great uncertainty him at the time that ‘‘we may have American people. You need the skill, in the market, which is precisely what crossed a line’’ in bailing out Bear the talents, and the creativity of we do not want right now. I do not Stearns. Mr. Novak wrote that it was America’s best and brightest thinkers criticize anyone who voted in favor of an understatement, and that we would when it comes to solutions. You need the $700 billion bailout. I looked at it. not know the ramifications of this de- wisdom from your political leaders. I saw we were giving the largest cision for a long time. Well, now we un- You also need one other thing from amount of money ever—you could use derstand. your political leaders: you need the the word ‘‘authorized’’—to one person, We are now trillions of dollars past presence of character. You need leaders and that person being an unelected bu- that line, and we are beginning to com- who will lead by example. reaucrat. There was no oversight re- prehend the course on which that deci- Unfortunately, the hard times in sponsibility from the Senate. sion has set us. I personally believe we which we find ourselves were borne of We were all criticizing Paulson. I are trillions of dollars past that line, excess. We spent too much, we bor- criticized Paulson, the Secretary of the and we are not much better off. I would rowed too much, and we saved too lit- Treasury. But Geithner was there put- say enough; the Government has gone tle. ting this thing together at the same too far, and under Mr. Geithner all in- Corporate CEOs saw fit to pay them- time. Let me say not all Federal inter- dications are that we are not going to selves huge bonuses while running vention during a financial crisis is cre- slow down anytime soon. their companies into the ground. Some ated equal. The FDIC did a good job We need a change of course, and we very clever people found ways to create managing the biggest bank failure in need to finally, trillions of dollars new financial instruments, such as U.S. history while we in Congress were later, find the strength to let those credit default swaps, making enormous all debating TARP. who made poor decisions bear some of amounts of money for themselves on What I object to is the midnight res- the consequences, instead of the tax- every transaction while exposing their cue packages, the ad hoc approach. I payers. Timothy Geithner may take companies and their shareholders to object to the ‘‘say one thing and do an- the helm of the Treasury Department trillions of dollars in liabilities. other thing’’ type of programs. I object at a time, if he is confirmed, when the At the same time, Fannie Mae and to the complete lack of any policy Government has entangled itself into Freddie Mac were running amok, mak- framework, explanation of principles the economy to an unprecedented ex- ing risky home loans that helped cause or coherent approach. I object to the tent. this economic crisis in which we now absolute lack of any transparency Given his strong support, stronger find ourselves. It is because of the ex- whatsoever. I object to the indifference than by many accounts Secretary cesses of the few that all of the Amer- to the taxpayers’ interests. Put very Paulson himself, for ad hoc bailouts of ican people are left holding the bag and simply, I object to the bailout mania big firms, I cannot support this nomi- are being called upon to clean up the we have all witnessed. nation. I think those people, and I mess. I can remember when we did this know the people I talked to in Okla- Today we vote on whether to confirm matter, the $700 billion bailout. When I homa because I am back every week- a very smart, able, and skilled business was opposed to it, I made some state- end—I call this going back and talking leader to help lead America out of the ments. I said: We start bailing people to real people, and they all look at this mess we are in. No one questions Tim out, if that is the new policy of Govern- and say: Only in Washington could Geithner’s intellect, his knowledge of ment, who is going to be next in line? something like this happen, could we financial markets, or his skill in man- I think the airline industry; they have start with the $700 billion bailout. aging complex business problems. He problems. I mentioned even the auto I would say this: Anyone who sup- has, as many have said, the type of ex- industry. Of course, we saw what hap- ported that at the time, if they want perience that is necessary to navigate pened. People got all ecstatic, even redemption, this is the time to get it the turbulent waters that lie ahead. I those who voted for the $700 billion because you can be redeemed by oppos- believe he is smart. I believe he is tal- bailout. They were all upset about the ing Geithner in his confirmation. So, ented. I believe he is experienced. But, fact that we were bailing out the auto anyway, there are several reasons I as I said earlier, that is not enough. industry. hold for opposing his nomination, and I There are lots of smart, talented, and That amounted to 2 percent of the will act accordingly. experienced people who got us into this $700 billion. People lose sight when I yield the floor, and I suggest the ab- economic mess. It will take more than they hear big numbers. What I do when sence of a quorum smarts, talent, and experience to get us I am explaining it, so that I understand The PRESIDING OFFICER. The out. It will take leaders who have the it and my 20 kids and grandkids will clerk will call the roll. trust of the American people because understand it and the people of Okla- The assistant legislative clerk pro- they are willing to lead by example. homa will understand it, I try to put it ceeded to call the roll. I don’t know Mr. Geithner’s state of in some kind of perspective to see how The PRESIDING OFFICER. The Sen- mind when he made the mistake of not it affects us personally. ator from South Dakota is recognized. paying his payroll taxes between 2001 If you take the total number of fami- Mr. THUNE. Madam President, I ask and 2004. He said it was ‘‘careless mis- lies in America who file tax returns unanimous consent that the order for takes, avoidable mistakes.’’ Perhaps and divide that into $700 billion, do the quorum call be rescinded. so. But the one thing I do know is he your own math. It comes out to $5,000 The PRESIDING OFFICER. Without should have known better, not just be- a family. That is huge. We have to un- objection, it is so ordered. cause he is a highly educated business- derstand we are not talking about their Mr. THUNE. I thank my colleague man who had prior service as a top- money when we talk about Govern- from Oklahoma for yielding. What is ranking official at the Treasury De- ment bailouts, we are talking about the present business before the Senate? partment but because he was notified our money; and Geithner is all a part The PRESIDING OFFICER. The several times of his tax liability by his of this. nomination of the Secretary of the employer at the time and even signed It all started with Bear Stearns a Treasury. documents acknowledging that he year ago. The initiator of the Bear Mr. THUNE. Thank you. That is the owed the taxes. Again, he should have Stearns deal was not Secretary subject on which I wish to speak. I known better. I don’t judge Mr.

VerDate Mar 15 2010 10:38 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR09\S26JA9.000 S26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 26, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 1453 Geithner as a person. None of us is per- an additional $16,732 in taxes and inter- country back on its feet again. While fect; we all make mistakes. We all need est. At the time of the 2006 audit, Mr. there are certainly issues raised, in- redemption. But as a Senator, I have a Geithner chose not to pay the Social cluding the one raised a moment ago responsibility to vote. I have to vote on Security taxes he owed for 2001 and about back taxes—and I don’t minimize whether I believe Tim Geithner should 2002, apparently because he had been that—it is also extremely important serve as our next Treasury Secretary. advised that the statute of limitations that we keep this nomination in per- As a Senator, I am concerned about the had expired requiring the payment of spective and that we understand the message Mr. Geithner’s confirmation those taxes. issues at hand. While I have served will send to the people. As Treasury I believe Mr. Geithner when he ex- here for the last quarter of a century, Secretary, he will oversee the IRS and, presses regret for his failure to pay I can only count on less than one hand therefore, be tasked with enforcing our these taxes, but that doesn’t explain the number of nominations I voted Nation’s tax laws. Yet for 4 years he why the failure happened. This embar- against in Democratic and Republican failed to pay his lawful taxes after rassing ‘‘mistake’’ occurred despite Mr. administrations. Not because I have being informed of his obligation to do Geithner receiving annual and quar- agreed with all of them but because I so. If I were to support this nomina- terly documents from the IMF and happen to believe that administrations tion, I don’t know how I would explain signing annual tax allowance requests that are elected deserve to have the of- such a vote to my fellow South Dako- that were supposed to serve as remind- ficial family they choose, barring dis- tans who work hard and pay their taxes ers about his tax obligations. He also qualifying concerns about a nominee’s every year, on time and in full. failed to pay these taxes despite having ability to serve. To be sure, a nomina- As many of my colleagues have accountants review his tax filings, and tion to the President’s Cabinet is wor- pointed out, these are extraordinary despite using software to prepare his thy of congratulations, and I congratu- times, and they call for extraordinary tax returns. He only paid these taxes in late Mr. Geithner. But with our eco- leadership. I couldn’t agree more. But full after being selected to be Treasury nomic trouble so severe and our future leadership is about more than smarts; Secretary. so uncertain, this nomination deserves it is about more than skill. By all ac- Had he been nominated to head al- less our congratulations than our very counts, Mr. Geithner is a good man. I most any other position, perhaps this best wishes and commitment to work respect his willingness to serve. I ex- might not seem so egregious. But this in partnership. pect he will be confirmed. And when he matter seriously undermines Mr. Mr. Geithner’s arrival at Treasury is, he faces a daunting challenge in sta- Geithner’s credibility to be the Na- could not come at a more critical mo- bilizing our financial markets and tion’s top tax enforcement officer. It ment for our Nation. It comes on the strengthening our economy. Once he is suggests serious negligence on his part heels of excessive unchecked financial confirmed, I look forward to working and creates the impression of someone practices that have brought our econ- with him to meet this challenge. I hope trying to game the system. Mr. omy and the world’s economy to its he is successful and we as a country are Geithner showed poor judgement in knees. Next to the President himself, successful. But for the reasons I have waiting so long to pay these taxes, and no single individual will bear more of a stated, I cannot add my support to his then doing so only because it became a responsibility to steer our Nation out nomination. political necessity. Certainly most of this crisis than the new Treasury Mr. BYRD. Mr. President, the Senate American taxpayers do not have that Secretary. Charting a course of recov- has traditionally given the President, luxury. ery requires understanding the causes especially a new President, great lee- Whatever his qualifications and tal- of the crisis in the very first instance. way in choosing his Cabinet. I like to ents for addressing the banking prob- As chairman of the Banking Com- follow this practice when I can, as a lems that are plaguing our economy, I mittee, I have convened more than 80 matter of grace and in the spirit of co- cannot in good conscience vote to con- hearings and markups in the last 24 operation, believing that a President firm this nomination. months to help diagnose and remedy has an understandable desire to want I yield the floor. our Nation’s economic troubles. It is trusted advisors in his Cabinet who are The PRESIDING OFFICER (Mrs. not a responsibility I sought, nor one sympathetic to his programs. But I SHAHEEN). The Senator from Con- which I relish. Certainly, I would much also take very seriously the oath I necticut. rather be talking about how to grow swore to support the U.S. Constitution Mr. DODD. Madam President, I rise our economy than how to save our and to faithfully discharge the respon- to speak in support of the nomination economy, but that is where we are sibility entrusted to each Senator in of Timothy Geithner to serve as our today. advising and consenting to the appoint- Nation’s Treasury Secretary. I believe ment of all officers of the United most Americans, regardless of political We have an obligation, all of us, re- States. persuasion or how they voted in No- gardless of party or ideology, not only Some very serious questions have vember, would agree that we are living to determine how we got into this situ- been raised about the President’s nomi- in probably the worst economic crisis ation, but also—and more importantly, nee to be Secretary of the Treasury, of their lifetime. You would have to in many ways—what is needed to get us Timothy Geithner, and his failure to have been alive in the 1920s to remem- out of it. pay Social Security taxes on income he ber days that even resemble the ones It is by now beyond dispute that the earned at the International Monetary we are in today. So this afternoon, in current crisis threatening our economy Fund—IMF—between 2001 and 2004. Ac- the moments before we are about to started several years ago in a rel- cording to documents released by the vote on this nomination, I rise to ex- atively discrete corner of the credit Senate Finance Committee, Mr. press my views. market known as subprime mortgage Geithner recently filed amended tax re- I know Tim Geithner. I wouldn’t ask lending. Federal Reserve Chairman turns for the years 2001–2002, 2004–2005, my colleagues to support his nomina- Bernanke, previous Treasury Secretary and 2006, reporting additional taxes and tion because I know this person, re- Hank Paulson, and many other individ- interest totaling $31,536. In addition to spect and admire him and think he is uals have all agreed on that fact. There adjusting his claims for certain ex- qualified to serve as Treasury Sec- is no dispute about it. Mortgage mar- penses and credits, Mr. Geithner paid retary. I am asking my colleagues to ket participants from brokers to lend- Social Security taxes on income he support him because he is one of the ers to investment banks to credit rat- earned at the IMF from 2001 through most talented people I have met in the ing agencies exploited millions of 2002. This follows an audit by the IRS area of financial services and in under- unsuspecting, hard-working Americans in 2006, when Mr. Geithner was required standing the regulatory architecture seeking to own or refinance a home. It to pay Social Security taxes for in- that not only exists today but the one is clear that greed and avarice over- come earned in 2003 and 2004, totaling that we must create in order to get our came sound judgment and prudent

VerDate Mar 15 2010 10:38 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR09\S26JA9.000 S26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 1454 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 26, 2009 lending. But what makes this crisis dif- from across the political spectrum to senior executives and handsome ferent from others was the abject fail- have also sounded the alarm, including dividends to shareholders. In order to ure of regulators to adequately police such distinguished individuals as provide meaningful taxpayer protec- the markets. Regulators resisted the former Carter and Reagan Fed Chair- tion, I believe at least the following call to regulate new markets and finan- man Paul Volcker, Nobel Prize winners conditions are necessary: stricter lim- cial instruments, even when they had Joseph Stiglitz and Paul Krugman, its on executive compensation, addi- the tools to do so. former Reagan chief economic adviser tional limits on executive compensa- The Federal Reserve, for example, ig- Martin Feldstein, and American Enter- tion, including restricting the payment nored a power granted by Congress prise Institute Resident Fellow Alex of bonuses to executives; strictly limit over 14 years ago to regulate mortgage Pollack. These and other experts dividends, prohibit the payment of markets, State-chartered and federally agreed that the key to our Nation’s dividends to shareholders beyond de chartered lending institutions. Not a economic recovery is recovery of the minimis amounts; establish appro- single regulation was ever promulgated housing market and that the key to re- priate lending targets for recipients of under the Bush administration until covery of the housing market is, of TARP funding and the means of moni- the problem was well out of hand. This course, reducing foreclosures, of which toring them; limit acquisitions, pro- wasn’t a matter of there not being nearly 9,000 occur every day. hibit the use of TARP funds to pur- enough laws on the books—quite the Without addressing the cause of this chase healthy institutions; increase contrary—but, rather, a matter of reg- crisis as swiftly, aggressively, and deci- transparency and accountability, re- ulators failing to enforce the ones they sively as we have tackled the symp- quire that TARP recipients submit reg- had been given. What resulted was a toms of the crisis, home prices will ular reports no less than quarterly regulatory failure of historic propor- continue to fall. The value of assets specifying how they are using TARP tions. based on mortgages—trillions of dol- funds or otherwise furthering the pur- Of the many lessons learned from lars of which are on the books of our poses of the emergency economic sta- this crisis, the most revealing is that major financial institutions—will con- bilization law and how they are com- the failure to enforce consumer protec- tinue to be virtually unknowable. The plying with these TARP conditions. tions can lead to the failure of the en- longer we allow foreclosures to erode These reports should include informa- tire financial system. For decades, ide- family wealth, tear apart neighbor- tion about consumer and commercial ology prevented regulators from ac- hoods and freeze our markets, the loans, details about acquisitions, and knowledging this fact. It takes a crisis, longer our economy will take to re- the number and type of loan modifica- unfortunately, of global scale to under- cover from this crisis. However hard tions. We must implement measures to stand the dangers of failing to protect our regulators work, the result will be prevent foreclosures, which I should consumers. It is now painfully clear a continuation of volatility and paral- have listed at the top of the list, re- that when American households are ysis in our economy. If ever there was quire recipients of TARP funds that preyed upon in such systemic and abu- a time that called for new thinking, service or own mortgages to take sive ways, our entire financial system this is that moment. As Tim Geithner measures to mitigate preventable fore- is threatened. Never again should we takes the helm of the Treasury, he will closures and use TARP funds to estab- allow financial regulators to treat con- be responsible for leading administra- lish or support foreclosure prevention sumer protection as a nuisance or of tion efforts to revitalize the credit programs. secondary importance to safety and markets and restore confidence and in- The Obama administration is already soundness regulation. Never again tegrity in our financial system. It is a committed to making these changes should we permit the kind of systemic tall order, to be sure. No one could as- and is working on a more detailed regulatory failures that allowed reck- sume that one individual is going to strategy. I look forward to reviewing less lending practices to mushroom solve all of this. But in my view, we that plan and to continuing the com- into a global credit crisis. can achieve these results for the Amer- mittee’s close and detailed oversight of The safety and soundness of our fi- ican people through four key steps. the implementation of this program. nancial system depends upon the well- First, Mr. Geithner and the rest of That is why I intend to hold hearings being of the customers and investors the administration’s economic team on the TARP in the coming weeks and who use that system every day. Unfor- must develop and clearly communicate to ask the very questions I am raising tunately, most of the Government ac- a long-term, comprehensive plan, a this afternoon. tions taken in recent months have framework for using TARP funds to Third in this list is to apply the same largely ignored this fact and have ad- support the financial system and com- sharp and urgent focus to help indi- dressed the symptoms of the credit cri- municate effectively to the American vidual homeowners whose plight is the sis rather than its root causes. For people so they understand exactly root cause of this crisis. Stopping fore- nearly 2 years now, I have urged, along where we are, how we got here, and closures must be our top priority, put- with others, forceful and definitive ac- what the intended steps are to move us ting a tourniquet on this hemorrhaging tion to reverse the rising tide of fore- out of it. The previous administration’s that is occurring across the country. closures that began to chip away at piecemeal lurching intervention from Failing to do so will have devastating American households in 2007. In fact, it one side to the next in the financial consequences for the economy. was exactly 2 years ago next week, I system contributed to the confusion Finally, to fix the failures in the reg- had chaired the Banking Committee and the volatility that has dragged ulatory system that led to this crisis, for only one month, when we held the down consumer and investor con- if we are going to regain the confidence very first hearings on the mortgage fidence. Outlining a clear direction as of investors, consumers, and businesses credit crisis, in February of 2007. For 2 to how the Government will use tax- at home and around the world, we must long years, we had hearings and meet- payer money going forward would pro- have assurances that our financial in- ings and countless efforts to try and vide families and businesses with the stitutions are properly capitalized, reg- convince the administration of the se- clarity and assurance they need to ulated, and supervised. riousness of what was happening in the make important economic decisions. The Senate Banking Committee has residential mortgage market. Not until Second, we must safeguard the use of already begun an ambitious schedule of last summer did we finally get some taxpayer money through increased meetings and hearings to understand recognition, but it was far too late at transparency and strengthened tax- the strengths of our regulatory system that point. payer protections. Instead of lending and to address forcefully its weak- All of my colleagues can recount in money to consumers and small busi- nesses. Senator SHELBY and I welcome great detail the events that cascaded nesses, TARP recipients have effec- diverse parties and points of view. I am since July through the fall of this past tively been given a free pass to hoard guided by several core principles: Reg- year. Noted economists and analysts taxpayer funds and pay lavish bonuses ulators must be strong cops on the beat

VerDate Mar 15 2010 10:38 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR09\S26JA9.000 S26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 26, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 1455 rather than turn a blind eye to reckless tion, and consultation are not only retary Paulson and Chairman lending practices; regulators must stop preferable as we steer our country Bernanke. He has seen the crisis un- competing against each other for bank through these tough times, they are fold, as well as the initial Bush and thrift ‘‘clients’’ by weakening reg- absolutely essential. administrations’s response. I think he ulations; regulators must be able to I look forward to Tim Geithner’s con- is uniquely suited to know the dif- identify and, if necessary, take action firmation and to working with him, as ference between what has worked and against risks at the institutions they I do my colleagues, Democrats and Re- what has failed. Some has worked and supervise; regulators and market par- publicans, along with our new Presi- a lot has failed. ticipants need more transparency so dent. This is a defining moment in our During his confirmation hearings and they understand the risks present in history, and restoring our economy is in meetings with Members in recent the financial system and to prevent our defining challenge. I believe Tim weeks, Tim Geithner has shown a calm trillion-dollar markets from operating Geithner is the right person to begin temperament and an eagerness to lis- in the dark. this effort. ten and cooperate with Congress. He Each one of these steps—commu- Madam President, I urge the con- clearly recognizes that Congress is an nicating a long-term plan for Govern- firmation of Tim Geithner, and I yield equal partner and that it will take a ment assistance, strengthening trans- the floor. unified effort to right our economy. parency and taxpayer protections, pre- The PRESIDING OFFICER. The ma- Just as important, he understands that venting avoidable foreclosures, and fix- jority leader is recognized. part of what we face is a crisis of con- ing regulatory failures—will help not Mr. REID. Madam President, my fidence and that the public’s con- only our economic recovery but also good friend, the senior Senator from fidence cannot be restored without help restore, most importantly, the Iowa, has allowed me to go before him, transparency, oversight, and taxpayer confidence of the American people. You and I appreciate it. He has been wait- protections. cannot enumerate confidence, but it is ing here patiently on the floor. I have There are few who envy the road critical. I can not tell you exactly the a few remarks I wish to make regard- ahead for the next Treasury Secretary. mathematical formula that will get ing Mr. Geithner. There will be no easy fixes or cheap an- you there, but in the absence of these In this time of economic crisis, I swers, but no one is better prepared steps, I do not believe confidence will want to add my strong support for today than Tim Geithner to fill this be restored, and that is the intangible President Barack Obama’s nominee for critical role. Secretary of Treasury, Timothy quality more than any other that we This nominee has my support, and need to regain for investors and for the Geithner. In the past month, some of our coun- once he is confirmed, I expect him to American people, who have been the have the support of Congress in the dif- driving force for our Nation’s innova- try’s largest corporations have an- nounced major layoffs numbering in ficult months and years ahead. I hope tion and productivity. the support and I am confident the sup- I commend Tim Geithner for taking the hundreds of thousands. On the news this morning, major layoffs have been port will come from my colleagues on on this extraordinary responsibility. In the other side of the aisle. There are many ways, you wonder why he is will- announced throughout America. Today, it is hard to comprehend, but some who may choose not to vote for ing to do it, considering the incredible him, but I would hope that after this problems we face. But we are fortunate the Nevada Department of Employ- ment reported unemployment in the confirmation takes place, we will all to have a talented individual who is join to help this good man try to bring willing to step up and assume this re- State has jumped to 9.1 percent. The foreclosure crisis has not eased. The our country back to financial security sponsibility. Rather than decrying it once again. and lambasting him, we ought to be credit crunch persists. Uncertainty The PRESIDING OFFICER. The Sen- thanking him. None of us are perfect. continues to reign on Wall Street, ator from Iowa. Every one of us has made mistakes draining pension funds and individual along the way, and to suggest that Tim investors of their savings and blocking Mr. GRASSLEY. Madam President, Geithner is unqualified for this job or the flow of credit for families and busi- thank you. For at least as long as should not be confirmed because of his nesses that need it so badly. Chairman BAUCUS and I have served as tax issue is to fail to understand the This powerful economic storm that the leaders of the Finance Committee, value his nomination is to our country. we have never seen before demands and certainly during those times I was My hope is my colleagues will do strong, decisive, and wise leadership. chairman, all individuals nominated by what I have done over the years. I have No one, in my opinion, is more quali- the President who were subject to the been highly criticized by people in my fied or prepared for the task than Tim jurisdiction of the Finance Committee party. When I voted for John Ashcroft Geithner. He has spent his entire ca- have been subject to a thorough and to be the Attorney General, I was high- reer as a public servant. He has worked nonpartisan vetting process. In addi- ly criticized. When I voted for John at the Treasury Department, the Inter- tion to filling out a detailed committee Tower to be the Secretary of Defense, I national Monetary Fund, and the Fed- questionnaire, all nominees submit tax was highly criticized. But I happen to eral Reserve Bank of New York. With returns and the committee is provided believe Presidents deserve their teams his experience and expertise, Tim with financial disclosures. The review to be in place to do their job. Geithner could have written his own fi- of these documents has nothing to do Tim Geithner is the kind of indi- nancial ticket to the private sector with the nominee’s political affiliation vidual we need. He will listen to people. anytime of his choosing and made huge or policy goals. He will pay attention to different amounts of money. But in an age that The Finance Committee’s nomina- points of view. And he can make a dif- has been tarnished by corporate greed, tion process is there to ensure basic ference for our country. In an hour I think it is refreshing—and we should compliance with the law and to con- such as this, we ought not to be divided all feel that way—to see a man of obvi- firm that these individuals can be in this Chamber, but to stand united, ous gifts choose to lead a life of public trusted with the incredible responsibil- to give this young man a chance to get service. Has he made mistakes? He ac- ities that come with public service. a job done for our Nation at one of the knowledged that. Were there mistakes My vote on this nominee will be a most critical periods in our history. he made that any one of us could have vote of confidence in the Finance Com- We have a lot of work to do, and we made? Of course. mittee’s vetting process; it is a vote for ought to get about the business of He was part of the core team that de- the importance of character and integ- doing it, not as Democrats or Repub- signed the Government’s response to rity in those who serve; and, specifi- licans but as Americans. I urge my col- the Asian financial crisis in the late cally, it is a vote for treating Presi- leagues to support this nomination. At 1990s, as well as the current crisis. At dential nominees, and all people, in a this moment, communication, coopera- the New York Fed, he worked with Sec- consistent manner.

VerDate Mar 15 2010 10:38 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR09\S26JA9.000 S26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 1456 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 26, 2009 This nominee is not the first nominee Madam President, I ask unanimous the little guy. But it appears they fight for to run aground on the Finance Com- consent that an article discussing this the big guys. mittee’s vetting process. There are inconsistency by Jonah Goldberg ap- You would think this is a perfect moment for Republicans to stand on principle, par- other individuals who, after lengthy pearing in National Review Online be ticularly since their votes aren’t needed to discussions with Senator BAUCUS, me, printed in the RECORD. confirm Geithner. What they will tell you is and committee staff, decided to with- There being no objection, the mate- that Geithner is the indispensable man and, draw from consideration. rial was ordered to be printed in the in the words of South Carolina Sen. Lindsey In these situations, the Finance Com- RECORD, as follows: Graham, ‘‘These are not the times to think mittee keeps details learned during the [From the National Review Online, Jan. 23, in small political terms.’’ vetting process private. In cases where 2009] Never mind that there’s nothing small about the belief that paying taxes in an hon- the nominee decides to go forward, A FREE PASS FOR THE INDISPENSABLE MAN est fashion is a minimal requirement for the such as that of this nominee, the com- (By Jonah Goldberg) job of treasury secretary. What’s absurd is mittee makes details public in the in- During the hothouse days of the presi- that Geithner, who helped regulate Wall terest of transparency and good gov- dential campaign, Joe Wurzelbacher became Street as head of the New York Fed, is the ernment. I believe the public’s business famous because he got Barack Obama to con- indispensable man now. He may indeed be ought to be public. Sometimes when fess that he likes to spread the wealth qualified to be treasury secretary, but is he details are disclosed the nominee is around. Better known as Joe the Plumber, really the only man who can do the job? the Toledo, Ohio, laborer became the target Really? Everyone said the same thing about confirmed and sometimes the nominee of bottomless venom and scorn because he is not confirmed. In these situations, Hank Paulson not long ago. How’d that work seemed like an obstacle to Obama’s corona- out? Members have to judge the seriousness tion. I thought the Democrats believed the fi- of the issues at hand, and the nominees One of the main talking points, particu- nancial implosion was caused by arrogant have to judge how far they are willing larly among left-wing bloggers, was that and greedy men who thought the rules didn’t to go. Consequently, if the nominee de- Wurzelbacher was a tax cheat because, it was apply to them because they were so impor- cides to move ahead, the information revealed by ABC News, he had a tax lien of tant. I guess they didn’t mean it. $1,182 for back Ohio state taxes. This fueled will be released. the argument that he was a fraud, his opin- Mr. GRASSLEY. I don’t make this However, in the past, nominees who ion didn’t matter. Nothing to see here, folks. decision lightly, but, as I have said, I had tax issues as serious as this nomi- Move along. must uphold the Finance Committee’s nee’s, and some who have had less seri- Fast-forward to today. Timothy Geithner, vetting process; I must vote for the im- ous issues, have not attained Senate President Obama’s choice to be the next portance of character and integrity in confirmation. treasury secretary, quite clearly tried to de- those who serve in government; and I I feel it is improper to judge this fraud the government of tens of thousands in must vote for treating Presidential nominee by a different standard. I real- payroll taxes while working at the Inter- national Monetary Fund. The IMF does not nominees, and all people, in a con- ize that economic times are tough withhold such taxes but does compensate sistent manner. Therefore, I must vote right now, but, if anything, that should American employees who must pay them out against this nominee, Mr. Geithner. be an incentive for us to raise our of pocket. Geithner took the compensation— Madam President, I yield the floor standards and not lower them. which involves considerable paperwork—but and suggest the absence of a quorum. Finally, I believe we also need to then simply pocketed the money. The PRESIDING OFFICER. The treat all people in a consistent manner. His explanations for his alleged oversight clerk will call the roll. The same Internal Revenue Code ap- don’t pass the smell test. When the IRS bust- The legislative clerk proceeded to plies to everyone regardless of whether ed him for his mistakes in 2003 and 2004, he decided to take advantage of the statute of call the roll. someone is a well-known Wall Streeter limitations and not pay the thousands of dol- Mr. SESSIONS. Madam President, I or a student earning minimum wage. lars he also failed to pay in 2001 and 2002. ask unanimous consent that the order Many people around the country who That is, until he was nominated to become for the quorum call be rescinded. have not satisfied their tax obligations treasury secretary. The PRESIDING OFFICER. Without have been caught by the IRS, as this Obama defends Geithner, saying that his objection, it is so ordered. nominee was for tax years 2003 and was a ‘‘common mistake,’’ that it is embar- Mr. SESSIONS. Madam President, I 2004. Many people end up having their rassing but happens all the time. My Na- ask to be notified after 5 minutes. houses seized, bank accounts frozen, tional Review colleague Byron York reports The PRESIDING OFFICER. The that, at least according to the IMF, and other assets taken by the Govern- Geithner’s ‘‘mistakes’’ are actually quite Chair will so notify you. ment to pay their tax debts. Some peo- rare. Indeed, it’s almost impossible to be- Mr. SESSIONS. Madam President, I ple even go to jail. lieve that the man didn’t know exactly what don’t look forward to criticizing the There are many people who settle he was doing given that he would have had to nominee, Mr. Geithner, for the Sec- their liabilities without going to jail or sign documents, disregard warnings, and all retary of the Treasury. It is not some- having assets seized, but can this sys- in all turn his brain off to make the same thing I take any pleasure in. I will vote tem operate with integrity if all parts ‘‘mistake’’ year after year. And keep in for 98 percent of the nominees of Presi- of it report to someone who was unable mind, Geithner is supposed to run the IRS. dent Obama. I believe he is entitled to So maybe sloppiness isn’t that great a de- for a long period of time to meet his fense anyway. select good nominees to serve, and he own tax obligations and only did so as The bulk of Senate Republicans seem will- gets to basically choose whomever he a condition of his nomination? ing to green-light his appointment because, wants. Finally, I want to mention dif- in the words of many, ‘‘he’s too big to fail.’’ I would say the American people are ferences of perception of different peo- Wall Street likes this guy and so does unhappy. They are unhappy about Wall ple who have been found to have unset- Obama. So, who cares if he breaks and bends Street. They are unhappy about the tled tax liabilities. During last year’s the rules? Who cares that he took a child- way this financial system has been Presidential campaign, we read a lot care tax credit to send his kids to summer conducted, and one of the individuals camp? He’s the right man for the job, no one about a man named Joe the Plumber else can do it, he’s the financial industry’s at the very center of it is Mr. Geithner, who hailed from Ohio. When this man man of the moment. the nominee to be the Secretary of the was found to have a tax lien for State This strikes me as both offensively hypo- Treasury, a position that now has in- taxes, some portrayed it as evidence critical and absurd. Obama has made much credible authority and the power to that his opinions on national tax pol- of Wall Street greed. He and his vice presi- distribute $350 billion virtually any icy were irrelevant. However, this dent talk about paying taxes like it is a holy way that individual citizen wants to nominee’s tax problems have been re- sacrament. They both belittled Wurzelbacher spend it. It was a mistake for Congress for daring to suggest that the Democratic vealed to be much larger than Joe’s, Party isn’t much concerned with how the lit- ever to give that kind of power to Mr. and this nominee’s defenders still in- tle guy can get ahead. Paulson or to Mr. Geithner or whom- sist he is the only man for the job of Heck, Obama and pretty much the entire ever the Secretary of the Treasury Treasury Secretary. Democratic party insist that they speak for would be.

VerDate Mar 15 2010 10:38 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR09\S26JA9.000 S26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 26, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 1457 Let me say quickly, as a former Fed- knowledge, an economically trained ments that detail their U.S. tax liabil- eral prosecutor, I am not taken in by person with financial experience and ities. The IMF pays its U.S. citizen em- the idea that this tax problem is a impeccable integrity. I am sad to say, ployees an amount equal to the em- minor matter. The Secretary of the I don’t believe Mr. Geithner meets that ployer’s half of the payroll taxes with Treasury supervises every Internal standard. the expectation that the individual will Revenue agent in America. The Treas- I thank the Chair and I yield the use that money to pay the IRS. ury Department has the IRS inside it. floor. So a serious question is raised as to The International Monetary Fund, The PRESIDING OFFICER. The Sen- how a person of Mr. Geithner’s finan- for which he worked starting in 2001, ator from Arizona is recognized. cial sophistication could run the sent out this brochure about the tax al- Mr. KYL. Madam President, I thank gauntlet of these many warnings and lowance system that says: The Fund the Senator from Iowa for allowing me quarterly reminders and still somehow pays the difference between your U.S. to speak very briefly. I had intended to innocently overlook his obligation to self-employment tax, which is the So- support Mr. Geithner’s nomination. He pay these payroll taxes. cial Security tax that self-employed is not the only person who can do this I am also troubled by the fact that citizens pay. You pay the employee’s job, but he is the President’s choice when the IRS audited Mr. Geithner in share of the Social Security taxes as and is entitled to some deference and I 2006 and discovered that he had not you would be required to do if you actually believe he will give the Presi- paid his payroll taxes from 2001 to 2004, worked for any U.S. employer. dent some good advice. he, Mr. Geithner, repaid the taxes only Then it says down here: And a tax al- However, there must be an element for 2003 and 2004. After that audit, he lowance is added to help cover the in- of trust between us, based on candor chose not to repay the taxes for 2001 come taxes you owe. and forthrightness. Secretary Paulson and 2002, years for which the statute of You get a special tax allowance. How and I trusted each other and it bene- limitations had expired. do you get this tax allowance if you fited both of us for the benefit of the Surely, if the failure to pay the pay- work for the International Monetary American people, I believe. Unfortu- roll tax was an innocent mistake and Fund? You make an application. The nately, Mr. Geithner, in his appearance oversight, then Mr. Geithner would form says: Tax allowance application. before the Finance Committee, I be- have been eager to make amends by You apply for it. You sign at the bot- lieve did not demonstrate the requisite willingly paying the payroll taxes for tom that says you want the money. candor in answer to our questions. As a 2001 and 2002, regardless of the statute What does it say that you certify above result, I therefore regret I cannot sup- of limitations. But he chose not to do your signature? You certify that I will port his confirmation. so until he learned he was going to be pay taxes on my Fund income. I au- The PRESIDING OFFICER. Who nominated for Treasury Secretary. Given this record of failing to pay thorize the Fund of individual staff yields time? taxes, if confirmed as Treasury Sec- members designated by it for the pur- The Senator from Iowa is recognized. retary, how could Mr. Geithner speak pose to ascertain from the appropriate Mr. HARKIN. Madam President, I re- with any credibility or authority as tax authorities whether tax returns gret to say I will be voting against the the Nation’s chief tax enforcer? Would nomination of Timothy F. Geithner to were received. I hereby certify that all his admonition be: Do as I say, not as serve as Treasury Secretary in the new the information contained herein is I do? That is not acceptable. true to the best of my knowledge and Obama administration. I say ‘‘regret’’ Unfortunately, on another point, Mr. belief and that I will pay the taxes for because I believe strongly that, save Geithner has been equally unwilling to which I have received tax allowance extraordinary circumstances, any accept responsibility with regard to his payments from the Fund. President should have the right to se- role in the current financial meltdown. So he seeks a tax allowance applica- lect his own team and because I believe As president of the Federal Reserve tion. He certified that any money he Mr. Geithner is a person of obvious tal- Bank of New York, Mr. Geithner was a gets for this he understands is for tax ent and experience. I certainly bear no key regulator of the large, mostly New purposes, and he will pay it. That is ill will toward him on a personal basis York-based financial institutions that the certification form. I have blown it whatsoever. Moreover, I know Presi- have been at the center of this melt- up on this chart. It says, again, I cer- dent Obama believes Mr. Geithner is down. Their reckless practices—reck- tify I will pay the taxes for which I the best person for the job, and it pains less practices—have brought America’s have received the tax allowance. me to go against the President’s wishes financial system to its knees, pitching Now, that was done four times. He on this matter. However, after careful our economy into what could be the personally signed it. That is his signa- deliberation, I simply have not been longest, deepest recession since the ture at the bottom, with his room able to overcome my very serious res- Great Depression. number, in his hand, and his phone ervations about this nominee. I am specifically concerned about Mr. number, in his hand—4 different years. As Treasury Secretary, Mr. Geithner Geithner’s history vis-a-vis Citigroup, I see Senator KYL, and I will yield to would oversee the Internal Revenue which has now received $52 billion in him because I am sorry we don’t have Service and would be responsible for taxpayer money. As a regulator of much time. In his examination, Mr. ensuring that Americans pay their Citigroup, Mr. Geithner made a number Geithner left me with a feeling that he taxes as required by law. Yet it has of troubling decisions that relaxed was not candid. come to light that while he was serving oversight of Citigroup, including, one, Finally, let me say this. I believe the as a senior official at the International lifting a prohibition against American people want a Secretary of Monetary Fund, Mr. Geithner failed to Citigroup’s acquiring new firms; sec- the Treasury who was not in the mid- pay Social Security and Medicare ond, ending the requirement that dle of the problem in New York as head taxes. He has stated this was an inno- Citigroup file quarterly risk manage- of the Federal Reserve Bank when it cent mistake and that there was no in- ment reports; and third, allowing occurred and who gave no warning to tent to deliberately avoid paying the Citigroup to use ‘‘hybrid capital,’’ the American people whatsoever that required taxes. which, I might parenthetically say, this was about to happen. The Wall However, the IMF informs us that in was a product of the Greenspan Fed Street Journal recently had six invest- order to avoid exactly this kind of situ- back in 1996—using hybrid capital to ment experts on the front page who ation, its U.S. citizen employees are prop up its capital base. These deci- predicted this would occur. Where was fully informed of their obligation to sions allowed Citigroup to increase its Mr. Geithner? The same place as Mr. pay Social Security and Medicare taxes already sizable risks and allow Paulson: asleep at the switch. Based on and must sign a form acknowledging Citigroup to claim that it had a merit, I don’t believe this is what the that they understand this obligation. healthier capital ratio. American people want. The American Moreover, the IMF gives its U.S. cit- I am troubled that instead of taking people desire to have a professional of izen employees quarterly wage state- enforcement actions in the face of a

VerDate Mar 15 2010 10:38 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR09\S26JA9.000 S26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 1458 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 26, 2009 weakened capital ratio, Mr. Geithner you have had a free ride for many vote in the Senate. As I said, I bear chose only to write a letter to years. We have deregulated you. We de- him no ill will personally or anything Citigroup criticizing its risk manage- regulated all these financial institu- else. I wish him every success as Treas- ment practices. I bet they shuddered tions. We have allowed you to engage ury Secretary. To repeat what I said, when they got that letter. in what I call—this is my own term— nothing would make me happier than Given this action, it is clear that Mr. ‘‘casino capitalism.’’ But it is over. It for Mr. Geithner to prove me wrong by Geithner was aware that Citigroup’s is over. You are now going to be regu- serving with distinction as Treasury capital base was not sufficient. Yet he lated, and I am going to lead the Secretary and cracking down on some did not take the appropriate steps to charge in imposing stiff new regula- of this casino capitalism that is going correct this glaring problem; he wrote tions. We are going to be looking over on in this country. I will be joining a letter. your shoulder, and we are going to those rooting for his success. While I would be much more sup- make sure you are accountable to the Mr. COLLINS. Madam President, I portive of the nominee if he had taken taxpayers of this country. rise today to state my opposition to responsibility for these failed deci- The issues of responsibility and judg- the confirmation of Timothy Geithner sions, he has not done so. For example, ment are extremely important as we go to be Treasury Secretary. in a written response to questions from forward. Two weeks ago, I voted in Our current economic crisis is, in Senate Finance Committee Chairman favor of releasing the second install- part, a crisis of confidence. If we are to BAUCUS, Mr. Geithner wrote: ment of the TARP funding, but it was return to prosperity, the American Citigroup’s supervisors, including the Fed- after several phone calls with now-Vice people must have confidence in those eral Reserve, failed to identify a number of President BIDEN when he assured me— who would chart our course. Mr. their risk management shortcomings and to and I spoke about this on the floor; he Geithner’s professional background and induce appropriate changes in behavior. said I could say it publicly—that Presi- experience should inspire that con- He says Citigroup’s supervisors, in- dent Obama will sign off personally on fidence. They are overshadowed, how- cluding the Federal Reserve, failed. any significant future disbursement of ever, by the personal issues regarding Why didn’t he say ‘‘I’’? Why didn’t he TARP money and Vice President BIDEN his own tax returns. say Citigroup’s supervisors, including will be consulted and be a part of it. When these issues first arose, they me as the head of the New York Fed- So now at least we know where the were cited as examples of the baffling eral Reserve Bank, I did, I failed to buck stops with President Obama. I am complexity of our Tax Code and of the identify those risk shortcomings, and I glad he is willing to say the buck does need for reform. They were described failed to induce a change in their be- stop there. Yet here is what bothers by the nominee himself as ‘‘careless havior? He says it is the Fed. He was me. If Mr. Geithner is confirmed, he mistakes.’’ As more details have the head, he was the person making will be the principal person making emerged, it has become clear to me those decisions. And yet he kind of recommendations to President Obama that this is not merely a matter of brushed his hands and said: That was regarding TARP expenditures. In short, complexity leading to mistakes, but of the Fed. No, Mr. Geithner, it was you. President Obama will sign off on future inexcusable negligence. We need to know what specific fail- disbursements, but he would do so on Mr. Geithner failed to pay self-em- ures occurred under his supervision, the recommendation and judgment of ployment taxes while working for the what he has learned from those fail- Mr. Geithner. International Monetary Fund. He I wonder, I really wonder what that ures, and how the nominee believes he failed to make these tax payments de- means for some of these big city banks can correct them in the future. After spite the fact that the IMF repeatedly in New York and what is going to hap- all, again, Mr. Geithner was the key reminded him of this obligation. He pen with Wall Street and what is going decisionmaker in the Federal Reserve signed paperwork acknowledging this to happen to my small banks in Iowa on these points. obligation. He received extra com- or independent banks all over this Without the answers to these ques- pensation that he acknowledged at the country. What is going to happen to tions, I am not convinced that Mr. time was for the purpose of paying this our farmers who need an adequate sup- Geithner is the right person to lead the obligation. Yet when he filed tax re- ply of low-cost capital coming up this Treasury Department at a time when turns for the years he was employed at spring. And they are having a hard we need a strong regulator in charge, time finding it, by the way. They are in the IMF, he did not pay self-employ- one who will act with transparency and a terrible cost-price squeeze right now. ment taxes. accountability and forcefulness. Is all that TARP money going to be After working for the IMF for 3 I am sure these big bankers and these focused on the big banks or are we years, Mr. Geithner was audited by the Wall Street people are nice people, but going to start thinking about the little Internal Revenue Service in 2006, which they are tough and they are going to guy out there? discovered that he had failed to pay his protect their turf. Yet what they don’t Mr. Geithner made serious errors of self-employment taxes. Mr. Geithner need is a Treasury Secretary who is judgment in failing to pay his taxes. He was ordered to correct his tax returns going to write them a letter. We need a made serious errors in his job as chief for 2003 and 2004, and he paid the Treasury Secretary who will start regulator of the financial institutions amount that he owed for those years. banging some heads around and will at the heart of our current crisis. So at But Mr. Geithner had made the same stick up for our small bankers, our this point, I cannot vote to promote omission in 2001 and 2002, years that independent bankers, the people in Mr. Geithner to the all-important post were outside the scope of the audit. your State, Madam President, and of Treasury Secretary. I cannot do so Yet, having been informed by the IRS mine who are out there loaning the at this time. of his omission for 2003 and 2004, Mr. money for small businesses and small As I told Mr. Geithner on the phone, Geithner took no action to correct the business expansion, who are getting I bear him no ill will. I do not know deficiency from 2001 and 2002—years for mortgages on houses that have 30-year him personally. I have friends who say which the statute of limitations had al- fixed rates, they are conservative he is a very nice person, and I am sure ready run. In fact, Mr. Geithner chose about it. We don’t need to focus all of he is. But I wonder, again, about his not to make the payments until he was our efforts and money on the big city approach. As I told Mr. Geithner on the being considered for this position at banks and then allowing the big city phone, I hope I can come back to the the end of 2008. banks to get bigger by buying up other floor a year from now, 2 years from A similar failure to correct omissions banks with taxpayer money. now and say my vote against him was when informed of them occurred when I want a Treasury Secretary, as I say, wrong. I hope I can do that, but I will the accountant who prepared Mr. who is going to start banging some have to be shown. Geithner’s tax returns in 2006 informed heads, who is going to call in these big There is no question Mr. Geithner him that certain deductions Mr. city bankers and say: You know what, will be confirmed by an overwhelming Geithner had taken for 3 earlier years

VerDate Mar 15 2010 10:38 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR09\S26JA9.000 S26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 26, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 1459 were not allowed. These deductions in- my support for him with an affirmative by ‘‘a comprehensive restructuring’’ of volved writing off overnight camps as vote.’’ Another member of the com- the auto industry. Again—he offered no childcare expenses. Mr. Geithner did mittee stated that, ‘‘Mr. Geithner has specifics. not attempt to claim the deduction for been involved in just about every Madam President, the American peo- 2006 but did not correct his returns for flawed bailout action of the previous ple can no longer afford ambiguous as- the previous years. And again, this de- administration. He was the front-line surances of transparency, account- ficiency was not addressed until late regulator in New York when all the in- ability, and reform. They need and last year, when Mr. Geithner was being novations that recently have brought want specifics and particulars—and the considered for this Cabinet position. our markets to their knees became person leading the U.S. Treasury Madam President, throughout the widespread. . . . All those actions, or should be able to provide the American State of Maine and indeed throughout failures to act, raise questions about taxpayer with the details they seek. the Nation, millions of hard-working the nominee’s judgment.’’ I fully agree Mr. FEINGOLD. Madam President, I Americans pay their taxes on time and with my colleagues’ sentiments. will vote against the nomination of in full. Our taxation system is essen- I am deeply troubled by Mr. Timothy Geithner to be the next Sec- tially an honor system that depends on Geithner’s role in the mismanagement retary of the Treasury. I do so with self-assessment and honesty. When tax- of the TARP. He has enthusiastically some reluctance. President Obama, payers make mistakes, they are ex- supported failed policies that have cost like any other President, is entitled to pected to correct them promptly and the taxpayer hundreds of billions of have the Cabinet he wants, barring a completely. How can we tell the tax- dollars. Earlier this month, I voted serious disqualifying issue. And Mr. payers that they are expected to com- with 41 of my colleagues in opposition Geithner is a very able nominee in ply fully with our tax laws when these to releasing the remaining $350 billion many ways. Mr. Geithner is clearly a laws have been treated so cavalierly by TARP funds because I had seen no evi- smart, capable individual, with the the person who would lead the Treas- dence that the additional and substan- qualifications to be Treasury Sec- ury Department and, ultimately, the tial taxpayers’ money would be used retary, and he has a host of distin- Internal Revenue Service, when he was for its intended purpose. TARP was guished individuals attesting to those applying them to himself? created to allow the Treasury Depart- facts. Therefore, Madam President, I must ment to purchase up to $700 billion in While I am troubled by Mr. oppose this nomination. ‘‘toxic assets’’ from financial institu- Geithner’s track record on the issues Mr. MCCAIN. Madam President, I re- tions in order to help homeowners fac- that have contributed to the credit gret that I must oppose the nomination ing foreclosure and to stimulate the market crisis, I do not base my vote on of Timothy Geithner to be the next economy. The misuse of the first $350 what is, to a certain extent, a matter Secretary of the Treasury. I assure my billion of TARP funds combined with of policy disagreement. During the last colleagues, I did not reach this decision the lack of transparency promised by year of the Clinton administration, Mr. lightly but, rather after much thought- the Treasury Department were reasons Geithner reportedly participated in the ful consideration. Next to the con- enough to oppose releasing additional Treasury Department’s support for the firmation of Supreme Court Justices, funds. It is my strong opinion that no elimination of the Glass-Steagall Act the Senate has no more important duty further TARP funds should be released protections which had served to keep than the confirmation of members of until we are able to impose strict our banking system stable since the the President’s Cabinet. Throughout standards of accountability and ensure Great Depression, as well as the De- my time in this body I have held the that the money is spent only as in- partment’s opposition to the regula- view that elections have consequences tended by Congress—to purchase mort- tion of derivatives, the explosive finan- and that—barring any extraordinary gage-backed securities and other trou- cial instruments that helped trigger circumstance—the President should be bled assets. the financial market contagion. It free to pick his team and surround Unfortunately, I have seen no evi- those reports are accurate, Mr. himself with those he feels can best as- dence that Mr. Geithner shares that Geithner’s actions were not singular by sist him in attaining his goals. view. He has stated that more over- any means. Indeed, while I opposed Mr. Geithner’s involvement in the sight and transparency are necessary both moves, they each had broad bipar- failed policies behind the misuse of but to date he has offered no specifics tisan support in the House and Senate. hundreds of billions of taxpayer dollars about how the remaining $350 billion in His more recent work as President of in the Troubled Asset Relief Fund, TARP money would be spent and has the New York Federal Reserve Bank TARP, has led me to conclude that an laid out no criteria for serious over- also raises serious questions. At a min- extraordinary circumstance exists in sight and accountability of such sub- imum, he was one of the primary regu- this situation. Mr. Geithner played a stantial sums of taxpayer dollars. lators of some of the largest financial critical role in the creation of the With no regard for congressional in- institutions in the country at a time TARP and should be held accountable tent, and with the support of Mr. when their activities greatly contrib- for the fact that it has been terribly Geithner, the Treasury Department uted to the eventual meltdown of the mismanaged and has not achieved its has used TARP funds to prop up the credit markets. intended results. Unfortunately, I have banking industry and to guarantee se- As I have noted in the past, I give come to believe that Mr. Geithner curities backed by student loans and any President great deference with re- lacks the critical judgment necessary credit card debt. But most troubling to spect to his executive branch nomi- to be an effective Treasury Secretary me has been the use of TARP funds to nees, and the greatest deference re- and careful steward of taxpayer dol- help bail out the domestic auto indus- garding Cabinet appointments, even lars. try—in direct defiance of Congress. when I may have significant policy dif- To properly weigh a potential Cabi- Last month, after extensive discussion ferences with the nominee. The mat- net member’s qualifications, it is im- and debate, the Senate rejected a plan ters surrounding the credit crisis large- portant to pay close attention to the to pump billions of Federal dollars into ly fall into this category. committee hearings held to consider the domestic auto industry because we Mr. Geithner’s tax liability is a dif- the nomination and the views ex- saw no evidence of serious concessions ferent matter, however. I am deeply pressed by both the nominee and mem- from the industry and no assurance of troubled by his failure to pay the pay- bers of the committee. After Mr. the domestic auto manufacturers’ long- roll taxes he owed, despite repeated Geithner’s testimony before the Senate term viability. When asked about the alerts from his employer at the time, Finance Committee, a very well-re- use of TARP funds to further assist the the International Monetary Fund, that spected member of the committee stat- domestic auto industry, Mr. Geithner he was responsible for paying those ed that ‘‘I don’t believe that the req- indicated he would support further taxes. It is especially troubling because uisite candor exists for me to indicate funding as long as it was accompanied Mr. Geithner signed documents at the

VerDate Mar 15 2010 10:38 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR09\S26JA9.000 S26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 1460 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 26, 2009 IMF promising to pay taxes, including through this difficult period. In my markets have fallen precipitously and the payroll taxes, in exchange for a opinion, Mr. Geithner’s background as are threatening the retirement secu- special ‘‘gross-up’’ of his income in- President and chief executive officer of rity of millions of Americans, credit tended to offset the cost of those taxes. the Federal Reserve Bank of New York markets are still failing to function Moreover, his earlier interactions with and his previous experience at the normally, and the budget deficit re- the Internal Revenue Service over his Treasury Department has prepared him grettably is poised to reach record failure to pay sufficient payroll taxes for this important position. heights. And so, as Mr. Geithner well for his household employees make Mr. I have many problems with the ways understands, this nomination could not Geithner’s explanations of his failure in which the Treasury Department arrive at a more consequential moment to pay his own payroll taxes even less under the previous administration used in our Nation’s history. satisfactory. the TARP funding. After a series of fits The Department of the Treasury The failure to comply with our Na- and starts, it shifted the intended focus states its role as ‘‘the steward of U.S. tion’s tax laws would be problematic of the program from homeowner relief economic and financial systems.’’ And for any Cabinet nominee, but it is espe- to financial stabilization. In addition, undeniably, today, we face a simulta- cially disturbing when it involves the there have been widespread reports of neous crisis in both of these systems on individual who will be charged with companies receiving funds and con- a scale most appropriately described as overseeing the enforcement of our tax tinuing to pay executive bonuses and monumental—as this recession ap- laws. Mr. President, surely that indi- dividends. Clearly, the Treasury De- proaches the longest and deepest since vidual must meet a higher standard partment has not been as transparent World War II. The cascading effect of than a failure to establish they delib- as it should be in detailing how these our collapsing housing markets com- erately evaded their tax liability. funds have been spent. bined with irresponsible, unregulated With the condition the economy is in I have reviewed Mr. Geithner’s testi- and unchecked instruments and invest- today, and the state of our country’s fi- mony before the Finance Committee ments in our financial markets has re- nancial institutions, the stakes could carefully, and I was pleased to see that sulted in an onrush of disastrous eco- not be greater for the next Treasury he intends to reform the TARP to be nomic repercussions—most especially Secretary. And despite his failure to more accountable and transparent— for hardworking Americans, 2.6 million comply with the tax laws, the serious- and to be more in line with the original of whom lost their jobs last year, with ness of our economic challenges may intent of alleviating the housing crisis. millions more looking forward to this be the reason Mr. Geithner is con- Proper administration and accounting year with a sense of profound dread. firmed. Indeed, that seems to be likely. of the TARP funds is essential for help- This is the morass out of which a If he is confirmed, Mr. Geithner will ing facilitate an economic recovery. I course must be charted—and this is the be asked to oversee not only a faltering expect Mr. Geithner to follow through challenge to which the next Secretary economy but also the rehabilitation of on these important policy changes on of the Treasury must be equal—bring- our financial markets. No Treasury how the TARP funding is distributed in ing a breadth of experience combined Secretary has faced bigger challenges. the future. with aggressive management, over- I hope that if he becomes our next Sec- Thus, after weighing all of the var- sight, and leadership. retary of the Treasury Mr. Geithner ious factors, I intend to vote in favor of Given Mr. Geithner’s record of will be a bit humbled by his missteps, Mr. Geithner’s nomination today. And achievement and reservoir of experi- policy, and otherwise, and will revisit I wish him well as he undertakes this ence, which includes more than 5 years the positions he took when he was in significant endeavor. as president of the New York Federal the Clinton Treasury Department in Mr. CONRAD. Madam President, I Reserve Bank and service to five Secre- light of the subsequent damage they will vote to confirm Timothy Geithner taries of the Treasury, spanning three did to our financial markets, as well as as Secretary of the Treasury. I do so administrations, it is clear Mr. his actions or lack of action as Presi- with reluctance because of his tax his- Geithner brings to this crucial post a dent of the Federal Reserve. tory. For me, this vote is a very close high-caliber, comprehensive, and Given the enormous challenges he call. nuanced understanding of finance, pol- will face and the great talent he ap- Quite simply, I find his failure to pay icy, and process that will also prove in- pears to have Timothy Geithner has self-employment taxes completely un- valuable at this pivotal moment. At the ability to be a truly great public acceptable. I am a former tax commis- the same time, Mr. Geithner must pro- servant. I hope he will live up to that sioner. I have dealt with hundreds of vide leadership along with the pre- potential. cases like this one. And in normal disposition to turn vision into action Mr. LEAHY. Madam President, I rise times, that alone would lead me to op- and to execute solutions. He must also today to speak on the nomination of pose his confirmation. simultaneously concern himself with Timothy Geithner to be Secretary of But these are not normal times. Our the financial security challenges pre- the Treasury. country faces the greatest economic sented by this perilous period. The next Treasury Secretary will and financial crisis since the Great De- Which brings me to the Troubled face unprecedented challenges as the pression. I personally don’t think we Asset Relief Program or the so-called United States continues to deal with can afford a further delay in filling this TARP. The Bush administration com- the greatest economic and financial critically important position. I think mitted the first $350 billion of the $700 crises since the Great Depression. Not we are not anywhere near out of the billion Congress authorized last Octo- only must the new Secretary oversee woods, that very serious days lie ahead ber to create TARP, and, now, the sec- an economic recovery at a time when of us, and that it is absolutely impera- ond half of the money will be released. enormous Federal deficits threaten our tive that we get a Treasury Secretary I understand people’s frustrations and country’s long-term economic outlook, in place. And Mr. Geithner does have concerns with the TARP program thus he will have responsibility over the the background to contribute to solv- far—because I share those concerns. In- $700 billion Troubled Assets Rescue ing this crisis. For these reasons, I will disputably, a lack of transparency and Program, TARP, to assist struggling support his confirmation. accountability in the first half of the homeowners and revitalize our capital Ms. SNOWE. Madam President, I rise TARP funding fostered an environment markets. with respect to the nomination of Tim- in which taxpayer dollars were in- While I was extremely disappointed othy Geithner for Secretary of the vested in banks and other financial in- in Mr. Geithner’s failure to pay his Treasury. stitutions that have refused to reveal taxes in a timely manner, I believe This nomination comes at a tumul- how the money was used—and this is that first and foremost we need a tuous and precarious time, as our Na- unacceptable. Treasury Secretary who is eminently tion’s economy remains in the throes At the same time, given the informa- qualified to help steer the country of an accelerating downturn—financial tion I have as a member of the Senate

VerDate Mar 15 2010 10:38 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR09\S26JA9.000 S26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 26, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 1461 Finance Committee on the state of the Moreover, I am deeply concerned 2008, but regrettably that measure did economy and the undeniable serious- about the Government Accountability not pass Congress. That is why I am ness of our circumstances, I believe ex- Office’s—GAO’s—December report that joining with Senator MCCASKILL in re- ceptional measures can and must still concluded that more oversight over the introducing this measure, which must be taken. President Obama conveyed to Troubled Asset Relief Program— be considered in short order and be one me personally that releasing the re- TARP—is necessary. While Treasury of the first measures approved by the maining TARP funds is essential for and banking regulators have publicly 111th Congress. shoring up an economy that continues stated that they expect institutions re- In taking up the gauntlet of pro- to plunge further into recession—and ceiving capital injections as part of the viding both economic and financial the President has also assured me that TARP’s $250 billion to promote the stewardship, Mr. Geithner must, in the his administration would implement flow of credit and modify the terms of process, work hand in glove with Con- critical safeguards while addressing residential mortgages to strengthen gress to see to it that we are never the foreclosure crisis that is plaguing the housing market, Treasury has not again forced to vote on a financial res- our economy along with so many hard- yet established policies to ensure the cue package. We must renew account- working Americans. funds are being used as intended. In- ability and transparency from all of Indisputably, it is time for TARP to deed, the Associated Press reported on our financial products that have con- cease operating in an ad hoc manner December 22, that when it contacted 21 tributed to the meltdown to which we that allowed the Treasury Secretary to banks that received at least $1 billion are now responding. And we must have tell Congress funds would be used to in Government money, not one could more effective mechanisms to under- purchase illiquid securities, before— provide specific answers on how the stand whether firms are creating sys- with no congressional review—they money is being used. temic risks that could undermine the were reprogrammed to inject capital Equally disturbing, GAO found that foundations of our financial system. To into banks, other financial institu- while institutions receiving capital in- that end, last September, I introduced tions, and automakers. Therefore, fol- jections are subject to specific restric- the Federal Board Certification Act of lowing the commitments articulated tions on dividend payments and repur- 2008, legislation that would better as- by the Obama administration in letters chasing shares, the Department of the sess the risk characteristics of the from Mr. Larry Summers delivered to Treasury has no procedures in place to mortgage-backed securities that led to Congress on January 12 and 15, I will, ensure adherence to these strictures. the financial crisis. This bill would es- in the coming days be looking for Mr. And while I am pleased that the Treas- tablish a voluntary Federal Board of Geithner to announce programs to as- ury Department on January 16 issued Certification to certify the risk charac- sist credit-starved small businesses and rules requiring the chief executive offi- teristics of mortgage-backed securi- consumers in obtaining the loans nec- cer of a financial institution receiving ties. I hope Mr. Geithner will work essary to create jobs and purchase funds to certify compliance with execu- with me to make it law. products and services. The bottom line tive compensation rules, Treasury Not only should Mr. Geithner help is that Mr. Geithner must restore pub- must review all such disclosures to as- Congress draft a proposal to ensure our lic confidence in TARP by explaining sure their accuracy. system of regulation is viable, but he in detail how funds will be used and Indeed, if confirmed, Mr. Geithner must also ensure that we do not find then delivering on those pledges—be- must, as the Obama administration has ourselves in the situation that oc- cause what is at stake is the public’s pledged, take steps on day one to ad- curred with the fall of Lehman Broth- money and the public trust. dress this egregious lack of oversight, ers, which was allowed to fail sending Additionally, increasing our Nation’s making the protection of taxpayer the financial system into a downward financial security will require the infu- funds a top priority and holding spiral—followed by disparate expla- sion of TARP dollars to help forestall healthy banks accountable for lend- nations of why exactly that failure was our foreclosure crisis that is at the ing—not holding—the public funds they permitted. root of our economic troubles. That is have received. Moreover, these rules Indeed, according to a December 14, why I will be vigilant in making cer- should apply not only to banks receiv- 2008, New York Times editorial, Ques- tain the Obama administration acts ing injections in the future, but also to tions for Mr. Geithner, there are con- quickly on its pledge to use between those who have already obtained tax- flicting accounts as to how Lehman— $50 billion and $100 billion of TARP payer dollars. an institution in existence before the funds to help keep imperiled families Because of the reasons just cited—in Civil War—was allowed to collapse. In in their homes. Already, we have re- addition to deficiencies I learned about testimony before Congress on Sep- grettably witnessed 2.3 million fore- at the confirmation hearing last No- tember 24, 2008, Federal Reserve Chair closure filings in 2008 or an astounding vember of TARP inspector general Neil Ben Bernanke said that the Federal 81 percent increase from 2007, according Barofsky—I introduced legislation on Reserve and Treasury declined to com- to a January 15 report by RealtyTrac, November 20, 2008, to strengthen the in- mit public funds to support Lehman. an online real estate marketplace that spector general’s authority to vouch- Bernanke testified that the failure of publishes the Nation’s largest and most safe taxpayer dollars. Among other Lehman posed risks but that the firm’s comprehensive foreclosure database. provisions, my bill would waive appli- troubles had been well known for some Therefore, we must redouble our ef- cable hiring standards in order to en- time and investors recognized bank- forts to prevent further erosion of our able the IG to swiftly acquire staff, ruptcy was a possibility. Thus, financial security in the housing mar- allow the investigation of any program Bernanke concluded, ‘‘We judged that ket. Yet indicators tell us that this receiving TARP funding, and require a investors and counterparties had time slide may only worsen. In fact, the pro- study of whether banks are indeed to take precautionary measures.’’ portion of consumers with mortgages lending the taxpayer dollars they have But the same New York Times edi- that are 60 days or more past due will been given. This measure represents torial then said that Chair Bernanke hit 7.17 percent in the fourth quarter of the right course to demanding disclo- changed his story and on December 1, 2009, compared to an expected delin- sure, and yet, frankly, it is patently 2008, said that ‘‘legal constraints’’ had quency rate of 4.67 percent at the end absurd that we even have to divine prevented the Fed from rescuing Leh- of 2008, as stated by TransUnion LLC— such a course. man. Additionally, the paper reports a national credit reporting company. All of the provisions in my IG bill that a spokesman for the New York Mr. Geithner must not waste any time were incorporated into the Special In- Fed, which Mr. Geithner led, also said in establishing a program that will spector General for the Troubled Asset that the Fed had no legal authority to offer financial incentives to companies Relief Program Act of which I am an intervene. that agree to reduce monthly pay- original cosponsor and that the Senate Regardless of which explanation is ments on mortgage loans. unanimously passed on December 10, true, Federal Reserve Chair Bernanke,

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But ultimately he succeeded. ticularly as they saw the effects of anti-money laundering efforts; and im- Again today, our Nation finds itself such a downfall coming. As Treasury posing a 1-year cooling off period be- on the brink of a precipice. Again Secretary, Mr. Geithner cannot afford fore financial regulators can take a job today, the way out of our financial to allow such a mistake to occur once with a company they regulated. He mess falls substantially on one man. again. We are counting on him to go to also recognizes the need to overhaul Again, his task will not be easy. And President Obama and Congress when our financial regulatory structure, in- again, he may not be popular with all conditions warrant and not to stand on cluding by strengthening regulation of of my colleagues. But again, he must the sidelines. hedge funds, derivative traders, and the succeed. Regarding Mr. Geithner’s tax return over-the-counter derivatives markets; Today, we are considering the nomi- mistakes, they are deeply troubling. and strengthening capital and liquidity nation of Timothy Geithner to be After intense scrutiny by the Senate requirements for financial institutions. America’s Treasury Secretary, in a Finance Committee, of which I am a Despite these positive indicators, I do time of unprecedented crisis. Credit member, Mr. Geithner acknowledged have some reservations. Mr. Geithner markets are broken. Nearly 3 million that his errors were ‘‘careless’’ and is a strong nominee because of his ex- Americans have lost their jobs in the ‘‘avoidable,’’ and, frankly, should not tensive experience, but while he now past year. Homeowners face fore- have occurred—a sentiment I strongly indicates support for some regulation closure. And home values continue to share. I am confident this experience of swaps, he has been reluctant to ac- fall. will make Mr. Geithner more sensitive knowledge that prohibiting regulation Financial alchemy, carelessness, ex- to the struggles that average Ameri- of those instruments was a mistake in cessive leverage, and greed have crip- cans face in dealing with the tax code, 2000, and has offered only tepid support pled Wall Street and America’s finan- and that he will aggressively utilize his for some of the strong regulatory con- cial institutions. leadership position to advocate and ad- trols needed. Mr. Geithner has also Today, America does not face immi- vance tax simplification. been a key decisionmaker in the flawed nent bankruptcy, as it did in Alexander Looking at the totality of the financial rescue effort which has failed Hamilton’s time. Our Nation’s credit- record—Mr. Geithner’s achievements to track the use of TARP funds and worthiness remains solid. And our cur- and broad experience—and considering failed to mandate lending of those rency and Treasury bonds anchor the all of these factors within the context funds to creditworthy businesses and world economy. Today’s Treasury and of the gravest economic times since to addressing the foreclosure flood. He Federal Reserve pack financial fire- the Great Depression, I believe that has been reluctant to support requiring power and resources unmatched by any Mr. Geithner is well suited to serve as TARP fund recipients to track and re- other economy. our next Secretary of the Treasury, port on their use of taxpayer dollars But in many ways, it will be far more and that President Obama should have and requiring those who receive more daunting to solve today’s challenges his nominee confirmed. Indeed, a re- than $1 billion in taxpayer assistance than it was in Hamilton’s day. The ex- cent USA Today editorial echoes this to provide written viability plans on otic financial innovations that set off sentiment, stating that ‘‘Mr. Geithner how they intend to regain financial today’s crisis are unprecedented. And deserves rebuke on taxes, then fast stability and repay the funds. Still, Mr. their consequences are therefore not confirmation.’’ Our Nation deserves the Geithner’s apparent willingness to lis- fully known. Today’s unconventional best qualified individual to take the ten to and work with Congress and his crisis will not be solved with conven- helm of the Treasury Department dur- openness to compromise is promising tional solutions. ing these unprecedented times and to for future progress in these and other We face this crisis integrated in a tackle these Herculean challenges to areas. our modern economic system. The job that awaits Mr. Geithner world economy through international And so, for the reasons I have out- pending his confirmation is an ex- trade, foreign direct investment, and lined, I will today vote to confirm Mr. tremely tough one. I hope that he is global financial markets. We face this Geithner as the 75th Secretary of the confirmed, and that he lives up to the crisis relying on foreign nations to fi- Treasury. I stand ready to work with promise of the Obama administration, nance our current account deficit. And Mr. Geithner and President Obama not including implementing the trans- we face this crisis at a time when near- only to help reverse this economic parent, pragmatic, and thoughtful pol- ly every economy in the world appears downturn, but at the same time to en- icymaking that is a hallmark of Presi- headed for simultaneous—and in some sure vigilant and vital congressional dent Obama’s approach to government. cases rapid—recession. oversight in the process—and that Our Nation’s economic recovery re- President Obama has asked the Sen- American taxpayer dollars are being quires nothing less. ate to confirm Timothy Geithner with- spent wisely, effectively, and as in- Mr. BAUCUS. Madam President, a out delay. Our economic crisis demands tended by Congress and the American Congressman from Pennsylvania said: it. people. I do believe we are now on the brink of a The Senate Finance Committee vet- Mr. LEVIN. Madam President, there precipice, that will be dangerous for us to ted Mr. Geithner thoroughly. We ques- is no question that our Nation’s next step too fast upon. tioned him for 3 hours last week in a Treasury Secretary will have a heavy The Pennsylvania Congressman public hearing. And we examined him burden: deregulation run rampant has spoke not today, but more than 200 behind closed doors a week before. shaken the foundation of our financial years ago, in the early days of our Na- My colleagues and I strongly support system and reverberated through our tion. his nomination. And I believe that Mr. economy with devastating impact. I We often forget that our young Na- Geithner is uniquely qualified for this will support Timothy Geithner because tion was born not just in the glory of job, at this time. I believe he has the expertise to meet independence and democracy, but with Tim Geithner is a dedicated, lifelong the enormous challenges posed by this the throes of a financial crisis. At its public servant. He has not relied on financial crisis and years of regulatory founding, America was so encumbered money and political influence to rise to neglect. by debt that the annual interest on its positions of responsibility. He did it Last week, Mr. Geithner provided re- debts alone was three times its foresee- the old fashioned way—with hard work, sponses to detailed questions that I able annual income. dedication, and competence.

VerDate Mar 15 2010 10:38 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR09\S26JA9.000 S26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 26, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 1463 Mr. Geithner began his career at the Mr. DORGAN. Madam President, how the gospel of deregulation—getting rid U.S. Treasury Department. He rose to much time remains on each side? of those old-fashioned things put in become Under Secretary of the Treas- The PRESIDING OFFICER. The ma- place after the Great Depression—to ury for International Affairs. There, he jority has 13 minutes remaining. The get what they called one-stop financial dealt effectively with financial crises minority has 1 minute remaining. service centers. You would have one- of the past decade. There, he earned Mr. DORGAN. Madam President, I stop financial shopping. Now you would the respect and trust of policymakers came to the Chamber and heard my be going to one place to do your real around the world. colleague from Iowa speak about the estate and your securities and your As president of the Federal Reserve nomination before us and speak about banking. That is what they wanted. Bank of New York, Mr. Geithner the culture of greed and other events Well, they got it. Only eight of us oversaw the execution of America’s that have resulted in the collapse of voted no, so they got it. Now the Amer- monetary policy, monitored financial our financial system. I want to make a ican people bear the brunt of this co- institutions, and advised our economic point that the Senator from Iowa is lossal, unbelievable failure. partners around the world. not alone. There are a number of us I have to say—and I have told the More recently, Mr. Geithner worked who feel very strongly about what has President this—that I worry some folks with Treasury Secretary Paulson and happened on Wall Street, what has hap- coming into this town now were part of Federal Reserve Chairman Ben pened since the financial collapse, and the chorus supporting all of that de- Bernanke on the series of initiatives what is happening every single day. regulation in what was called mod- aimed at thawing frozen credit mar- You wake up in the morning and you ernization—the Financial Moderniza- kets and stabilizing our financial sec- hear of thousands and thousands of tion Act and a couple of other pieces of tor. people being laid off, with 2.6 million legislation that occurred thereafter. So History will judge the wisdom of how people losing their jobs last year and I am going to watch like a hawk the this past administration handled our an estimated 2.5 million people ex- folks who show up around here who crisis. But I take comfort in knowing pected to lose their jobs in the first 6 were part of the supporters back in 1999 that Mr. Geithner will enter his new months of this year alone. who have taken apart the protections This is a very serious problem for our job knowing the scope, motivation, and that had existed since the Great De- economy, which is perched on the edge effect of what was done. He will enter pression. I am going to watch this like of a cliff. The question is, Who is going his new job knowing what worked, a hawk. what did not, and what more needs to to steer us out of this mess? My notion We have to fix this, but you can’t fix be done. is that the same people who steered us it by tightening a few bolts here and Mr. Geithner will surely make mis- into the ditch are not likely to show up there. We need financial reform. We with an ambulance to get us out. And takes. We all do. But Mr. Geithner’s ex- need to ask basic questions: Was it ever my great concern is that there needs to perience will help him to avoid repeat- in the public interest to begin be a culture change. I must say I am ing the same mistakes that this past securitizing everything and passing concerned as well that we have some administration made. risk up the line and allowing the most people coming to Washington who were Mr. Geithner also knows what we ex- unbelievable mortgages to be written— part of the culture that got us into this pect of him. He knows that we expect no documentation of income, you don’t mess. him to be a good steward of taxpayers’ have to pay any principal at first or money. He knows that we expect vig- It was 10 years ago when the Finan- cial Modernization Act was on the floor you don’t have to pay interest for 12 orous oversight of all financial recov- months. All this sort of thing. And by ery actions. He knows that we expect of this Senate. My colleague from Iowa voted against it, and so did I. There the way, if you have a bankruptcy in Congress to be consulted and informed your background, come to us, we want on all initiatives. And he knows that were eight of us who voted against it in the Senate. That is what caused these to give you a loan. If you are slow in the well-being of America’s small busi- paying, have bad credit, or a bank- nesses must be part of every decision big holding companies. Citigroup, or Citicorp at that point, wanted to buy ruptcy, come to us, we will give you a he makes. loan. That is the way it was advertised. When Alexander Hamilton became Travelers Insurance but the law Unbelievable. Treasury Secretary in the face of ex- wouldn’t let them. So they got busy This was a carnival of greed that has traordinary crisis, he said: and changed the law. They got Glass- Steagall repealed—the protections put now toppled the financial structure of I conceived myself to be under an obliga- this country. And every single day tion to lend my aid towards putting the ma- in place after the Great Depression—so chine in some regular motion. that banks could get engaged in riskier American families around this country are bearing the burden and paying the With this vote, Mr. Geithner is under enterprises, such as securities and real price. Somebody is coming home and an obligation to lend his aid—every estate and merged it all together into a saying to their spouse, their loved last ounce of it—to putting our eco- big holding company and said it would ones, their friends, I lost my job today. nomic machine in regular motion. be fine. It is not because I am a bad worker. It America is counting on it. I stood here on the floor of the Sen- Once again, we are on the brink of a ate 10 years ago and said: Mark my is because there were layoffs at the precipice. Once again, our President words, within a decade, we are going to plant or the office. The price for this calls upon one brilliant man to help to see massive taxpayer bailouts if we greed is unbelievable. Now it has stopped because it has bring the Nation back. pass that bill. I have no pride in being Let us give him the person whom he right. But I said at the same time, if collapsed. But now we have to rebuild has requested. And let us confirm our you want to gamble, go to Las Vegas. it. And the question is, who will be the new President’s choice for Secretary of Why on Earth should we have done in architects who will give us confidence the Treasury. 1999 what we did to fuse banking with to rebuild a financial system in which Madam President, I yield the floor, inherently risky enterprises? It created underwriting is really underwriting; in and I suggest the absence of a quorum. an unbelievable carnival of greed. Peo- which we soak out some of the greed The PRESIDING OFFICER. The ple at the top were making money and get back to basic values; you sepa- clerk will call the roll. hand over fist, taking it home, and put- rate banking from risk; you begin to The legislative clerk proceeded to ting it in their big banks. Not everyone regulate, and you get rid of the folks call the roll. was making money, only folks at the around here who boasted about being Mr. DORGAN. Madam President, I top. The highest income in 2007 was $3.6 willfully blind in terms of their respon- ask unanimous consent that the order billion for one person. Think of that. sibility to regulate behavior that long for the quorum call be rescinded. Incomes from outerspace. ago should have been regulated? The PRESIDING OFFICER. Without So what do we have? Well, the fact is So I wanted to say that the Senator objection, it is so ordered. some of the same folks in 1999 preached from Iowa speaks for a number of us—

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certainly myself—in being very con- jority leader, Senator REID, has said we is very serious because we are facing cerned and determined to watch like a will finish it this week—then we need economic circumstances we have not hawk what happens from this day for- to move into the recovery and reinvest- seen in this country in over 75 years. I ward with respect to those who are ment plan which President Obama is want to make sure we do this and do it charged with and asked to help us re- going to offer to Congress. Tomorrow, quickly; that we act boldly and swiftly, construct this system—a financial sys- in historic meeting, President Obama and at the end of the day we create the tem, a system of employment, a sys- is coming to Capitol Hill to meet with jobs that are needed in this country, tem of production in this country Republican Congressmen to talk about we cut taxes for working families so where we put America back on track the plan. He is doing everything in his they will have more resources to cope and give it the opportunity to expand, power to work together with Demo- with the expenses they face, and we in- to grow, and to allow the American crats and Republicans to put together vest in long-term investments that pay people to have confidence in the future the right investment for our Nation’s off and stabilize our economy. We are once again. future. talking about roads and bridges and Madam President, I yield the floor, We know what is at stake. It isn’t airports and schools, and we need and I suggest the absence of a quorum. just the immediate job losses, it isn’t transparency and accountability when The PRESIDING OFFICER. The just the unemployment rate we face, it comes to this recovery program. clerk will call the roll. which is at a record high level for the Madam President, I yield the floor. The legislative clerk proceeded to last 16 years, but it also is a question of Madam President, I suggest the ab- call the roll. investment in this country. There are sence of a quorum. Mr. DURBIN. Madam President, I ask some who want this to be a temporary The PRESIDING OFFICER. The unanimous consent that the order for program. I hear that from Senator clerk will call the roll. the quorum call be rescinded. MCCONNELL—he wants this to be tem- The PRESIDING OFFICER. Without porary. But we have to acknowledge The legislative clerk proceeded to objection, it is so ordered. some of the investments we want to call the roll. The majority whip is recognized. make are long-term investments to Mr. LEAHY. Mr. President, I ask Mr. DURBIN. Madam President, it is stabilize the economy. When we decide unanimous consent the order for the my understanding a vote is scheduled to build classrooms, laboratories, and quorum call be rescinded. at 6 o’clock. libraries for the 21st century, it creates The PRESIDING OFFICER (Mr. WAR- The PRESIDING OFFICER. That is jobs today and over the next several NER). Without objection, it is so or- correct. years, but it also creates an asset that dered. Mr. DURBIN. Madam President, I will pay back over long periods of time. Mr. LEAHY. Mr. President, I ask for have a statement I wish to make, but if When we invest in information tech- the yeas and nays on the nomination. Senator BAUCUS should come to the nology when it comes to health care, it The PRESIDING OFFICER. Is there a floor, or his designee, I will yield the is an investment that will pay off in sufficient second? There is a sufficient floor at that point if they want to close bringing down the cost of health care second. the debate. But I want to make a state- and reducing the medical errors that The question is, Will the Senate ad- ment in reference to the nomination of result when we don’t have accurate in- vise and consent to the nomination of Mr. Geithner to be the Secretary of the formation. When we make investments Timothy F. Geithner, of New York, to Treasury. in providing energy incentives for new be Secretary of the Treasury? Today’s press reports were stag- green businesses to lessen the depend- gering. The largest manufacturer in ence of America on imported oil, it cre- The clerk will call the roll. my State, Caterpillar, is cutting 20,000 ates a job today, but it may be some- The assistant legislative clerk called jobs—18 percent of their workforce; thing that pays back over the long the roll. Pfizer is laying off 8,300 workers; term. Mr. DURBIN. I announce that the Sprint Nextel, 8,000; Home Depot, 7,000; I don’t think the American people ex- Senator from Ohio (Mr. BROWN), the Corus, 3,500 workers. That is a short- pect us to do something which will dis- Senator from Massachusetts (Mr. KEN- ened list of announced job losses—over appear in 18 months and have to be re- NEDY), and the Senator from Oregon 47,000 in total—in just today’s news- peated. They want us to invest this (Mr. WYDEN) are necessarily absent. paper. Last week, Harley-Davidson, money as best we can in those projects Mr. KYL. The following Senator is 1,000 jobs; Microsoft, 5,000; Intel, up to that have long-term value. necessarily absent: the Senator from 6,000; United Airlines, 1,000; Bose, 1,000; Mr. Geithner, the Secretary of the Missouri (Mr. BOND). Clear Channel, 1,850 workers. Treasury, will have important respon- The PRESIDING OFFICER. Are there It is abundantly clear that our econ- sibilities when it comes to other as- any other Senators in the Chamber de- omy is in a tailspin, and it is clear to pects of this—financial institutions siring to vote? me as well that we will need leadership that will be brought into this equation The result was announced—yeas 60, in the Department of the Treasury. Mr. to find ways to stabilize our economy nays 34, as follows: Geithner, who is the nominee of this and move us forward—but the key administration as Secretary of Treas- issue, over and over again, is the cre- [Rollcall Vote No. 15 Ex.] ury, has been the subject of hearings. ation of jobs—jobs. We lost over 500,000 YEAS—60 There have been disclosures concerning American jobs in the month of Decem- Akaka Feinstein Mikulski taxes that he has paid in the past. He ber, we are anticipating losing 600,000 Baucus Graham Murray has acknowledged his own short- this month, with no end in sight—17,000 Bayh Gregg Nelson (FL) Begich Hagan Nelson (NE) comings when it comes to some of Americans a day losing their jobs. We Bennet Hatch Pryor these issues. I would say at this point, have to act quickly—not with haste Bingaman Inouye Reed now more than ever, we need a person and not without due consideration, but Boxer Johnson Reid with his background and his skills to we have to act quickly to respond to Burris Kaufman Rockefeller Cantwell Kerry Schumer lead us in the Treasury Department. this economic crisis. Cardin Klobuchar Shaheen When you take a look at the state of I think the approval of Mr. Geithner Carper Kohl Shelby the economy, I hope the Senate will re- as Secretary of the Treasury is a first Casey Landrieu Snowe Conrad Lautenberg Stabenow spond as quickly as possible—this step, and then the recovery plan which Corker Leahy Tester evening—in appointing him to this po- will follow. The House will take it up Cornyn Levin Udall (CO) sition. this week, and we will take it up in Crapo Lieberman Udall (NM) Then we should move quickly. Once committee. We are going to finish it Dodd Lincoln Voinovich Dorgan McCaskill Warner we have finished the Children’s Health before we leave on February 14. It is a Durbin Menendez Webb Insurance Program this week—the ma- target date which all of us understand Ensign Merkley Whitehouse

VerDate Mar 15 2010 10:38 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR09\S26JA9.000 S26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 26, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 1465 NAYS—34 fits, and the individual market offered President Obama is looking forward to Alexander Enzi McConnell only low-quality insurance options at signing the Children’s Health Insur- Barrasso Feingold Murkowski unaffordable prices. Without health in- ance Program bill, and Congress is pre- Bennett Grassley Risch Brownback Harkin surance, kids could not see the doctor pared to act. Roberts Americans overwhelmingly support Bunning Hutchison Sanders for a checkup, they could not get a pre- Burr Inhofe Sessions scription for an earache, and they covering kids. The bill before us today Byrd Isakson Specter could not get treatment for common will keep coverage for all children cur- Chambliss Johanns Thune rently in the program, and we will Coburn Kyl chronic conditions such as asthma. Vitter Cochran Lugar Unhealthy kids cannot run and play, start to reach more than 4 million ad- Wicker Collins Martinez they cannot do well in school, and they ditional uninsured, low-income kids. In DeMint McCain cannot grow into healthy and produc- drafting this legislation, we relied NOT VOTING—4 tive adults. heavily on the two vetoed bills. We Bond Kennedy In 1997, Congress took action to ad- keep CHIP focused on kids. That is the Brown Wyden dress this problem. We established the focus. Childless adults whom CHIP cov- The nomination was confirmed. Children’s Health Insurance Program. ers today will transition out of the pro- The PRESIDING OFFICER. Under Today, we finally move forward to keep gram. This is focused on kids. This bill the previous order, the motion to re- the program going. The Children’s will not allow new waivers for CHIP consider is considered made and laid on Health Insurance Program has bipar- coverage of childless adults. Low-in- the table. tisan roots, and it has achieved what come parents whom CHIP covers today The President shall be immediately we created it to do; namely, it covers will ultimately transition out of CHIP notified of the Senate’s action. low-income, uninsured kids. to Medicaid, with its lower match rate. Congress enacted the Children’s This bill precludes new waivers for cov- f Health Insurance Program as a bipar- erage of parents in CHIP. We cover low- LEGISLATIVE SESSION tisan compromise. Members of Con- income kids first. We agree that low- income kids are our first priority, but The PRESIDING OFFICER. The Sen- gress wanted to address the rising we do not limit State flexibility in de- ate will resume legislative session. number of children without health in- surance, and Senator ROCKEFELLER, signing CHIP programs. States choos- f Senator HATCH, Senator KENNEDY, and ing to cover kids above 300 percent of CHILDREN’S HEALTH INSURANCE the late Senator John Chafee led the poverty will receive the lower Medicaid PROGRAM REAUTHORIZATION way. I am proud to have helped write match for those kids. If they want to ACT OF 2009 and pass the Children’s Health Insur- do so, they can, but they will get the ance Program 12 years ago. It has been lower match rate. We also included bo- The PRESIDING OFFICER. The Sen- a tremendous success. nuses for States that meet enrollment ate will now proceed to the consider- The Finance Committee reached a targets for kids in Medicaid. Nearly ation of H.R. 2, which the clerk will re- compromise that allowed States to set three-quarters of uninsured kids are el- port. up children’s health insurance pro- igible for either Medicaid or CHIP but The legislative clerk read as follows: grams that would meet their unique have not enrolled. We encourage States A bill (H.R. 2) to amend title XXI of the needs. States can choose whether they to improve their outreach practices to Social Security Act to extend and improve want to participate in the program. streamline enrollment procedures to the Children’s Health Insurance Program, Within 2 years of CHIP’s creation, keep them enrolled. We maintain State and for other purposes. every State decided to participate. It flexibility. We have given States the Mr. REID. Mr. President, I suggest was a no-brainer. Every State wanted option to cover legal immigrant chil- the absence of a quorum. to address the health care needs of our dren and pregnant women during their The PRESIDING OFFICER. The most vulnerable children. first 5 years in the United States. clerk will call the roll. In its first decade, CHIP cut the num- States can decide whether they want to The legislative clerk proceeded to ber of uninsured children by more than cover those children. Currently, Fed- call the roll. one-third. Today, because of CHIP, eral law prevents States from covering Mr. REID. I ask unanimous consent nearly 7 million children get the doc- legal immigrants on Medicaid or CHIP that the order for the quorum call be tors visits and medicines they need. until they have been in the country for rescinded. Those healthier childhoods will enable 5 years. But some States have found The PRESIDING OFFICER. Without those 7 million kids to become healthy, this provision to be too restrictive. objection, it is so ordered. productive adults. Those States have chosen to use their Mr. REID. Mr. President, I ask unan- Health insurance is important. It is own money to meet the needs of their imous consent that the consideration more than important; it is critical. residents. of H.R. 2 be for debate only during to- Children with health coverage are more In 2008, for example, 18 States chose day’s session. There will be no amend- likely to get the health care they need, to cover legal immigrant children, and ments in order tonight. when they need it. Because of CHIP, 7 23 States chose to cover legal immi- The PRESIDING OFFICER. Without million kids have regular checkups, see grant pregnant women, rather than objection, it is so ordered. doctors when they get sick, and get the deny them the health care they need Mr. BAUCUS. The author Lois prescription medications they need. for 5 years. The Federal Government McMaster Bujold wrote: The task before us is to reauthorize should not penalize States for trying to Children might or might not be a blessing, this important program. Many will re- help needy populations who are here le- but to create them and then fail them was call that we started this process back gally. This bill would allow States the surely damnation. in the year 2007. option to cover legal immigrant chil- Before 1997, we largely failed the chil- Congress worked hard, very hard to dren and pregnant women in Medicaid dren of the working poor. The Chil- pass a bipartisan reauthorization pack- or CHIP and receive the appropriate dren’s Health Insurance Program age. I can tell my colleagues, Senators Federal match. changed that. For millions of working HATCH, ROCKEFELLER and myself and More broadly, we have also created a families, the Children’s Health Insur- Senator GRASSLEY worked hours on State option that allows States to des- ance Program has truly been a bless- end. I cannot tell you the number of ignate CHIP funds to offer premium as- ing. hours we met and how hard it was, but sistance. Premium assistance can help Before 1997, kids of the working poor we worked together and got that com- families to afford private coverage of- had nowhere to go to get health insur- promise. We got it passed on the floor, fered by employers or other sources. ance—nowhere. Their parents’ employ- passed the House. But President Bush We improve the quality of children’s ers did not offer health insurance bene- vetoed it twice. Times have changed. health insurance. Discussions about

VerDate Mar 15 2010 10:38 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR09\S26JA9.000 S26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 1466 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 26, 2009 health insurance often get bogged down No one was more disappointed or, myself. This legislation gives States in talk about cost and coverage but we frankly, angry than I was when our bi- the option to eliminate the 5-year ignore quality. Discussions about qual- partisan legislation was twice vetoed waiting period for legal immigrants. It ity often ignore the unique needs of by President Bush. I could not under- is not, therefore, a requirement. It also children. Our CHIP bill launches a sub- stand it. I didn’t know what the reason does not provide health care for illegal stantially new initiative to improve was. But my anger toward that pales in immigrants or their children. Anyone children’s health quality. This initia- comparison to the heartache and the who says differently is incorrect. tive will invest $45 million a year for 5 anguish felt by the millions of children Thence rises the argument that this is years to develop national core meas- and families who would have directly playing politics, as if God had some ures for children’s health quality, im- benefited from this legislation had it kind of a different view about children prove data collection in CHIP and Med- passed in either of its forms. But it did who are here and have been here for a icaid, and promote the use of elec- not. number of years and are trying to live tronic records. These efforts will help So today we are here once again to out their life as best they can but they to improve the quality of care avail- debate providing health coverage to 4 have no health insurance. What is it? able in CHIP and Medicaid. million uninsured children. But this Where is it written that these are not We pay for what we do. Like the ve- time there is a big difference. Presi- children to the equal of yours or mine? toed bills, this legislation will increase dent Bush no longer stands in the way It is not written, because it is not so. the Federal tax on a pack of cigarettes of providing health care to children. All of us are equal. by 61 cents. We also make proportional President Obama decided, very early in In fact, our legislation has language increases for other tobacco products. his campaign, this is something he specifically prohibiting Medicaid and Increasing the cigarette tax will dis- cared about. This time victory for chil- CHIP coverage for illegal immigrants. I courage smoking, particularly among dren is guaranteed. All we have to do is could take it out of the bill and read it teens, and that will be good for kids as pass it. We should all be extremely ex- to you, but that would be unnecessary. well. cited that this bill will finally be There is no acceptable reason for this The bill we are considering today is a signed into law, and more than 11 mil- 5-year waiting period to remain in good bill. In putting together the Fi- lion children will be enrolled in CHIP place. All lawfully present children nance Committee’s bill, we worked to each year. cover as many low-income, uninsured Unfortunately, some of my col- should have timely access to health kids as possible. We respected our leagues are less than thrilled about the care in the United States. We are doing budgetary limits, and we made com- bill before us. I want to put the 11 mil- our best to achieve that and will promises in good faith with our Repub- lion children in context. People say achieve that through this bill. Five lican colleagues. In committee, we there are anywhere from 42 to 48 mil- years later, if we kept on that require- made further compromises which I lion uninsured Americans. If we do our ment, is a lifetime for young children hope have strengthened this bill even job, about a quarter of our uninsured who may have bad teeth or early cases more. I prefer to be standing here will disappear and will be insured. So of cancer or any other life-threatening today with all my colleagues beside this is a monumental task on which we illness or disability, to make them me, especially my good friends, Sen- are, in fact, proceeding. Some of my wait 5 years because we don’t think ators GRASSLEY and HATCH. But we colleagues have tried to raise suspicion maybe they measure up. They measure could not agree on everything. I hope and doubt about our intentions on this up. They are kids. They are children. the remaining disagreements do not most recent CHIP bill. I regret that. I That is what we are fighting for. prevent Senators from doing the right want my colleagues to know there is Those who oppose removing this arbi- thing. Let us not fail the children of no reason for suspicion or doubt on any trary waiting period will come to the the working poor. Let us get these kids account. It was called by some ‘‘polit- floor and offer all sorts of unrelated ar- to doctors visits and medications they ical.’’ I will explain that in a moment guments about immigration. This is need, and let us continue the blessing and why it is a fallacious argument and not about immigration. It is about that is the Children’s Health Insurance should be understood by my colleagues health care for kids who need it, some- Program. thing that a lot of us have been fight- I yield the floor and suggest the ab- as that. Our intentions are exactly the same as they were in 2007—to make ing for since the mid-1990s. These argu- sence of a quorum. ments are nothing more than a smoke- The PRESIDING OFFICER. The sure that children in America have the health care they need and deserve. screen. The bottom line is that both clerk will call the roll. U.S. citizen children and children in The assistant legislative clerk pro- I remember this very well, as the this country legally should have timely ceeded to call the roll. Presiding Officer knows, from my early Mr. ROCKEFELLER. Mr. President, I days in West Virginia when I was work- access to health care, period. This leg- ask unanimous consent that the order ing in coalfields of southern West Vir- islation covers both those objectives. for the quorum call be rescinded. ginia where no children had any health In closing, I hope we will have the The PRESIDING OFFICER. Without care insurance. The legislation we are same bipartisan commitment in pass- objection, it is so ordered. considering this week is virtually iden- ing this legislation as we did in 2007. Mr. ROCKEFELLER. Mr. President, tical to the second and to the more Those who look upon one amendment, following along on the lines of the dis- conservative CHIP bill that we passed which is highly moral, highly deserved tinguished chairman of the Finance in the fall of 2007. However, this legis- and entirely right, will pass it with the Committee, it has been a very long lation also reflects the fact that our same margins we did in 2007. Four mil- journey to reach this day. A year and a country is not in the same economic lion children are waiting for us to fin- half ago both Houses of Congress situation as was the case at that time. ish the task at hand. passed two CHIP reauthorization bills Working families at all income levels I yield the floor and suggest the ab- with overwhelmingly bipartisan sup- are hurting because of the economy. sence of a quorum. port. As I recall, the numbers were This bill gives the States additional The PRESIDING OFFICER. The somewhere around 69 in the Senate on Federal funding and the flexibility to clerk will call the roll. each bill. These two bills would have cover children in need. given 4 million more uninsured chil- One important and necessary change The assistant legislative clerk pro- dren a healthy start in life. For those in the legislation before us gives the ceeded to call the roll. of us in Appalachia and for those who States the option to eliminate the 5- Mr. ROCKEFELLER. Mr. President, I live almost anywhere in the country, year waiting period that prevents legal ask unanimous consent that the order there are parts of their inner cities and immigrant children and legal immi- for the quorum call be rescinded. rural areas where this is absolutely grant pregnant women from getting The PRESIDING OFFICER. Without crucial. timely health care. Allow me to repeat objection, it is so ordered.

VerDate Mar 15 2010 10:38 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR09\S26JA9.000 S26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 26, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 1467 MORNING BUSINESS is over, you have something. You have ment at the Congressional Research bridges that are rebuilt. You have Service, CRS. His service and devotion roads that are rebuilt. to the U.S. Congress will be greatly SPADE-READY PROJECTS So what I would encourage the Sen- missed. Mr. INHOFE. Mr. President, we have ate to try to do is get as much as we President Thomas Jefferson once ob- some things that are going to happen can out of the stimulus package that served that ‘‘information is the cur- this year that are very significant. In actually does provide jobs and provides rency of democracy.’’ He also noted the committee I chaired when the Re- things that otherwise we would have to that ‘‘whenever the people are well-in- publicans were in the majority—it is do in the reauthorization bill. formed, they can be trusted with their now chaired by Senator BOXER—we There is no way in the world we are own government.’’ Thanks to the fine have two major pieces of legislation going to take care of the real need we work of Dr. Relyea and his colleagues coming up. have with infrastructure in America at the Congressional Research Service, We have the Transportation reau- unless we get a very large amount in the people’s representatives in Con- thorization bill and we have the Water the front end of the stimulus bill. gress are well-informed—and, thus, Resources Development Act reauthor- f well-armed—to preserve and defend the ization bill. In the case of the Trans- ideals, structure, and balance of our portation reauthorization bill, we had CELEBRATING THE LUNAR NEW government as envisioned by our a good reauthorization in 2005. It is YEAR Founding Fathers. scheduled to be reauthorized again, and Mr. REID. Mr. President, I rise today As Senators and staff come and go, I would suggest we use that as some- to join with the millions of Asian the best CRS specialists become reposi- what of a pattern of what we are going Americans around the country in cele- tories of institutional knowledge, deep to plan to go in this coming year, in bration of Lunar New Year. Last year, wells of experience who offer perspec- 2009. I was pleased to introduce a resolution tive and thoughtful analysis. Such spe- In spite of all of the things you are honoring the historical and cultural cialists tend to take a long view on hearing about the inauguration and significance of this holiday, and today, issues, having seen issues and trends about the various confirmations, busi- I am equally delighted to recognize all emerge and reemerge in varying forms. ness is going to continue. The WRDA those welcoming in the Year of the Ox. These public servants enlighten and bill, the Water Resources Development The festivities surrounding the educate Members, and sometimes tes- Act, is something that should be done Lunar New Year are steeped in rich tify before congressional committees. on an annual basis or every other year. cultural tradition. The 15-day-long These men and women are steeped in Yet the last time we passed it was 7 celebrations marks one of the most im- their field of expertise, and though whole years ago. We had a lot of mak- portant times for Chinese Americans some come to be recognized for their ing up to do. There is not one State and Asian Americans from many back- published work and analysis, most represented on this floor that is not grounds and ethnicities to gather to- labor in anonymity, satisfied by the way behind in some of the programs gether with family and friends. Mouth- pure reward of helping to inform and that are dealt with in the Water Re- watering aromas will fill their homes shape the public debate. sources Development Act. as families sit down to New Year’s Eve Dr. Relyea is, and has been, reliable, The reason I mention this at this meals, and children will eagerly await authoritative, and humble—a genuine time is we will be dealing with some receiving lucky red money envelopes. example of the true public servant over type of a stimulus bill. When they talk Many will watch or participate in vi- the long years of his career. A native of about $800 or so billion, I already, in brantly colored dragon dances, a sym- Oneida, NY, Dr. Relyea earned his doc- my previous remarks, talked about bol of prosperity and good fortune. torate in government in 1971 from how big $700 or $800 billion is to indi- In our State of Nevada, the festivi- American University—my own alma vidual families in America. ties held in Las Vegas, in particular, mater. He joined the Congressional Re- We will be dealing with this, and I re- draw thousands of visitors, where search Service that same year, shortly gret that of the $800 billion, only $30 many of the city’s hotels feature spec- after the enactment of the Legislative billion has to do with highway con- tacular decorations, dragon dances, Reorganization Act of 1970 that pro- struction. We have a great need in this and restaurants serving traditional vided the charter for the modern Con- country for bridge construction, high- dishes. And all across our great State, gressional Research Service. Dr. way construction, and, hopefully—Sen- families will flock to community fes- Relyea was promoted to head of the ator BOXER and I both cosigned a letter tivals featuring dances, crafts, food, Executive Organization and Adminis- to try to get a much larger percentage and fireworks—the sights, sounds, and tration Section at CRS in 1976. Twenty of whatever amount we end up author- smells that make Chinese New Year years later, he became the head of the izing in a stimulus bill. such a jubilant celebration. executive and judiciary section of the So I would hope—and I would ask This year marks the 4706th year in government and finance division. As a each Member to look at their own the Chinese calendar, based on the Specialist in American National Gov- States, as I have done in my State of lunar cycles. As it unfolds, I hope those ernment, Dr. Relyea garnered national Oklahoma—Senators look at State observing Lunar New Year will enjoy recognition for his research and projects that are out there that we call this special time to honor traditions, writings on the Presidency, and execu- spade-ready: they have had their envi- spend time with their families, and ea- tive branch powers and organization. ronmental impact statement, they gerly anticipate what blessings the I came to know Dr. Relyea in 2002, as have had their AS statements, and Year of the Ox may bring. To the thou- the Bush administration attempted to they are ready to go. They would em- sands of Chinese American Nevadans expand its use of emergency and war- ploy people immediately. For those and many others celebrating today, I time powers, and I increasingly sought like me who are conservative, who do send my best wishes for a joyous cele- to defend and assert the rights and not believe the ingredients in this bration and a prosperous New Year. privileges of the Congress as a co-equal stimulus package, or at least do not be- f branch of government under the U.S. lieve what they are looking at in the Constitution. I recall sitting across the House is going to really stimulate very TRIBUTE TO DR. HAROLD C. table from Dr. Relyea in the Appropria- much, one thing we do know is that RELYEA tions Committee hearing room, where I there is nothing that puts people back Mr. BYRD. Mr. President, on Janu- had asked several CRS specialists to to work faster than to get something ary 30, 2009, after more than 37 years of brief me on the creation of a new De- that has already passed all of the envi- service at the Library of Congress, Dr. partment of Homeland Security. I re- ronmental prerequisites and is ready Harold C. Relyea will retire as a spe- member being impressed by Dr. for construction to start. Then, after it cialist in American National Govern- Relyea’s depth of knowledge, and his

VerDate Mar 15 2010 10:38 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR09\S26JA9.000 S26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 1468 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 26, 2009 timely and thorough responses to my championships and 4 ACC Tournament net result is that I now drink water instead requests for information. Dr. Relyea titles. of milk, I no longer can afford my vitamins, and others sacrificed their August re- Off the court, Coach Yow was a we cannot afford the better whole wheat cess that year, in order to help prepare friend, a mentor, and a leader. She was bread but buy wonder bread because it’s cheaper. (I quit eating bread so I guess that’s for a long debate when the Senate re- very active in the Kay Yow/Women’s not all bad.), cut back on eggs, buy 75 per- turned in September. Basketball Coaches Association Cancer cent fat free hamburger rather than the 90 I welcome this opportunity to thank Fund, in partnership with the V Foun- percent stuff at Winco. I had to cancel a Doc- Dr. Relyea, and to thank everyone at dation, committed to finding cures for tor’s appointment for my blood pressure the Congressional Research Service for cancer. check because I have no insurance and ran their hard work and dedication. As a She also was heavily involved in the out of money. Should I go on? source of necessary expertise for Mem- creation of the ‘‘Hoops 4 Hope,’’ a bas- In short this gas thing is making life dif- bers of Congress, CRS helps to provide ketball game played to raise awareness ficult. I cannot figure out why the Demo- crats are so obtuse. We cannot drill here be- a vital counterweight to a mighty and and help find a cure for breast cancer. cause of some patch of slippery grass or powerful Executive branch. The North Carolina State University there because we might melt the polar ice In a career that has spanned four dec- student body embraced Coach Yow, and cap out from under some bear. Who cares ades and eight administrations, Dr. her colleagues recognized her instru- about that stuff in this critical time any- Harold C. Relyea has set a standard of mental contributions to the sport in how? This is all really easy to figure out: superior service for the entire Congres- which she became and remains an icon. Drill here, Drill now, and to blazes with the sional Research Service. It’s clear that Coach Yow will be deeply missed, but frog lickkers and tree huggers. It is because Dr. Relyea has earned the respect and the inspiration and the memories that of them and their ilk that we have not built she created will live forever. any new refineries or opened any new drill- appreciation of his colleagues. He is a ing fields in the past 30 plus years. Gee, I patient and generous mentor and has Again, I send my sincerest condo- wonder how much we would be paying for our assisted a full generation of CRS ana- lences to Coach Yow’s family, her ath- own gasoline drilled from our own wells and lysts in developing their skills. In 2008, letes, her fans, and her friends. refined in our own refineries? I am not an his colleagues showered praise on Dr. f educated man but I think I have got a handle Relyea as they nominated him for the on this. What is the matter with all your IDAHOANS SPEAK OUT ON HIGH prestigious Director’s Award. I think buddies in Congress? ENERGY PRICES their greatest tribute to him, however, Why is it that everybody else on God’s Green Earth is drilling wherever they need would be to continue his outstanding Mr. CRAPO. Mr. President, in mid- June, I asked Idahoans to share with (and want to) and we continue to buy oil legacy of scholarship. from people who’d just as soon kill us as I thank Dr. Relyea for his extraor- me how high energy prices are affect- look at us. You know what? We have some of dinary dedication to the work and tra- ing their lives, and they responded by the largest oil reserves on Earth and we let ditions of the U.S. Congress and to the the hundreds. The stories, numbering some team of morons who think the bears country and the Constitution which we well over 1,200, are heartbreaking and and the slippery grass are more important all revere. touching. While energy prices have than me, stop us from drilling in our own back yard?—I don’t think so. I haven’t f dropped in recent weeks, the concerns expressed remain very relevant. To re- slipped on any endangered grass or seen a REMEMBERING KAY YOW spect the efforts of those who took the polar bear face to face except in the zoo—and I do not expect I will in what remains in my Mr. BURR. Mr. President, I rise opportunity to share their thoughts, I life time. But I do have grandkids who don’t today to honor the life of Kay Yow, am submitting every e-mail sent to me live close by. What is more important than Head Coach of the North Carolina through an address set up specifically me seeing my grandkids down in Poky or State University Women’s Basketball for this purpose to the CONGRESSIONAL Ogden? Bears or grass? No siree. I would sure Team. RECORD. This is not an issue that will like to be able to afford to go see my I join North Carolina State Univer- be easily resolved, but it is one that de- grandkids when they say ‘‘Gramp will you sity and the entire women’s basketball serves immediate and serious atten- come and play with me?’’—and I now can- community in mourning her passing. tion, and Idahoans deserve to be heard. not—because nobody with the horsepower will face down that bunch of friends of earth My heartfelt thoughts and prayers go Their stories not only detail their and the Audobon Society and stop this in- out to Kay’s family—her sisters, Susan struggles to meet everyday expenses, sanity. and Deborah and her brother Ronnie— but also have suggestions and rec- I have a sweet little 3 year old grand- and to the North Carolina State Uni- ommendations as to what Congress can daughter who cries because her Grandma versity community that adored her. do now to tackle this problem and find tells her she cannot afford to come see her. Coach Yow had countless accomplish- solutions that last beyond today. I ask Now that darn near tears my heart out. ments on and off the basketball court unanimous consent to have today’s let- CURTIS MAUGHAN. that I can’t even begin to do justice to ters printed in the RECORD. We have owned and operated an electrical as I stand here today. There being no objection, the mate- contracting business for 21 years and pres- After 38 years of coaching, she had rial was ordered to be printed in the ently employ 18 people in the Treasure Val- amounted many achievements that ev- RECORD, as follows: ley. Like many, we feel our economy is in eryone in the women’s basketball fam- Hi Mr. CRAPO, crisis, mostly fueled by the price of energy. ily will admire for generations to Thanks for inviting me to drop you a line The prices of steel, copper, plastics and come. on the gasoline farce. fuel all drive the cost of our end product up A native of Gibsonville, NC, Coach In 2005 I was forced from my job with Alas- to the consumer. We believe we are reaching Yow started the North Carolina State ka Airlines at age 60 with no explanation the tipping point where the consumer will University Women’s basketball team in other than ‘‘we can do what we want without simply have to make the choice between explaining to you why.’’ That stopped my in- food/fuel or services such as we provide and 1975 and was the school’s only head come—cold. Since then Donna and I have that means the loss of jobs and income to coach in its women’s basketball team’s moved in with Donna’s aging and widowed families supported by businesses such as ours 34 year history. mother and have been able to care for her, (for example—our employees, suppliers, Compiling over 700 victories during while at the same time not having to make other subcontractors, and other small busi- the course of her career with a record a house payment. Nobody but Walmart will nesses that support us). Two years ago our of 737 wins and only 344 losses over 38 hire a guy my age with my particular quali- monthly fuel bill was $1,200.00. Today our years, she led her teams to 20 NCAA fications. So I still have no job. Fortunately monthly fuel bill is over $2,500.00. We can tournaments, 11 of which made it to we have no bills. We were making it OK only absorb so many increases before we can drawing my Social Security early and mak- no longer afford to do business. the ‘‘Sweet 16,’’ and in 1998 she led the ing ends meet . . . until this gas thing— Our society was built on free enterprise Lady Wolfpack to ‘‘Final Four.’’ that was then—this is now. and the inaction of our government to ad- Coach Yow also captured 5 Atlantic Just this Monday, I filled my tank with 81 dress the energy needs of the country crush- Coast Conference, ACC, regular season octane rating and 16 gallons cost me $65. The es our ability to produce and contribute to

VerDate Mar 15 2010 10:38 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR09\S26JA9.000 S26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 26, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 1469 the economy. The government has too long a $1.00 too. Everything that I consider a not much different from many others across tried to appease special interests. For our must-have item has gone up and up. Know our state or America. government to shackle us to dependency on what? My pay has gone down in the same I own a small cleanup business that serv- foreign energy when we have everything we time frame. A slow economy means less ices new construction job sites. I started the need right here is a disservice to the people. hours of work and that means less money in business just over six years ago. I drive any- We can pursue our own resources with neg- my paycheck. I would not presume to com- where between 100 to 150 miles a day—most ligible impact on our environment. We must plain to you over the cost of steak and lob- of which is miles driving to and from the Ada go forward with the pursuit of energy inde- ster or stuff like that. I cannot remember County landfill (2 to 3 trips a day). I am eas- pendence, both green and fossil fuels. Free up what a steak taste like and what color is lob- ily putting $50+ a day of fuel into my truck. Anwar, the Atlantic shelf, the Gulf and our ster again? I am talking about the things I drive a Chevrolet Silverado 2500 HD pulling natural gas. The government should aggres- you cannot skimp on here: Milk for my four a dump bed trailer. Basically, I am going sively subsidize solar, wind and other alter- kids. through a lot of fuel. The prices are up con- native energy options for the consumer. These higher energy costs are affecting ev- siderably from a year ago. With the contin- The statement was made by Senator erything that we buy. Because of that, we ued rise of fuel, I am given two choices. 1) Obama that there is no immediate solution are having to make choices about what we Ask my builders for more money to pay for for high gas prices but when do we start? If spend our money on. You can use any infla- the fuel, or 2) Quit my business. Both choices tion score you want, I believe they were set we had started eight years ago we would be will have a chain reaction in how it affects up to have numbers say whatever you want closer. We must begin now. If this does not my life (well-being). My builders will com- them to say. Like the four out of five doctors change our lives in this country will be irre- plain. Some will understand and be willing line. The proof is in the pudding. The infla- versibly damaged. As Americans we are to pay more, others will not want my busi- tion where the metal meets the meat is dou- being forced to sell pieces of our country to ble digit. We are making choices that people ness because my prices are too high. If I quit foreign interests in order to survive. This is who make six figures a year would never be- my business, I will then have to find other not the American way. The actions of our lieve. We went from middle class to no class. means of income for my family. Six plus government are giving our country away. If Every penny at the pump means another years of building a business is a hard thing this continues, who will we be in ten years? though choice at the dinner table. We have to give up on. The housing industry in Idaho What will be left of our distinct way of life? to drive to go to work to keep the lights on. is not very good right now and with the low We Americans are unique in how we live. We There is no choice. We have no buses, no sub- amount of work, it affects my income. I cur- choose to pursue happiness and independence way, and I don’t own a horse. So I get up and rently am making just enough to meet costs. and that pursuit has been good for the world, get in my American Made truck and drive to With the addition of high fuel costs it hits and yet the world criticizes us for having the a pump where a company who posts record me twice as hard. freedom to do this and would like nothing profits but says they are not making any I do not know what the right answer is to more than to chain us to their ideals. If our money, gouges me. They should just stand make things better. Off shore drilling for the quest for the American dream is smothered there with a gun and rob me, at least I would United States will not have an effect for by the demands of the world then Democracy feel like I was treated like a man. They many years. The people of Idaho and else- dies here and all the sacrifices of the genera- would be up front and in my face. No, instead where need help now. I do not know much tions before us are lost. they hide behind Congressmen and a presi- about law or the principles of supply and de- Please do all you can at the federal level to dent they have bought with campaign cash. mand—but it would sure be nice if the gov- persuade the rest of Congress to secure our The more and more I think about this as I ernment could somehow make a drastic cut energy and our economy. write it, the more and more I think the sys- in fuel prices. I too would like to take vaca- ALAN and CATHLEEN LUSK. tem is broke. We cry out to our elected peo- tions around the state or to Utah to see fam- ple in Washington for help. There is a lot of ily. This past weekend it cost $110.00 for my I wish I could just limit my story to just good talk about how they are going to help family to make a round trip to Salt Lake one. I could go on for days about the way the us, but nothing ever happens. We spend too City from Nampa. We have a Honda Accord. high energy prices are affecting me and my much money on nothing getting done. If we It will most likely be the only trip we take family here in Idaho. I will cite a few for were running Washington DC like a business for the rest of the year. your information. we would be bankrupt. Sorry for all the mistakes in my writing. I Heating costs—Just last week, Jan. 14th, Mike, I am not attacking you, I support have so much on my mind when it comes to we had yet another snow storm—That makes you. You won me over when you came to my my family’s well-being, my business, and 8 months of snow here in Idaho. But with town when Boise Cascade left. But I feel you fuel prices. that it means my home was being heated by are a working man in a land of people that I’d be happy to share more information. Off-Road Diesel again. When I bought this believe we are here so they can serve in Con- JONATHAN PLUMMER, Nampa. house I was paying $0.95 a gallon for fuel to gress. I believe you know you are there be- heat my home for my wife, four kids, and po- cause we put you there. I hope and pray you Hello Mike, if you want the answer, here it lice K-9. Through the last few years I have can find a solution to this madness. The fix is. I have traveled this nation throughout seen a very large increase in the cost to keep has to come now not next year. Smaller my life. I know that from Alaska to Cali- it very cold to just get by. I have had my countries set the fuel price and they pick up fornia there are thousands of oil wells that the difference. This is how the economy in home insulated and weatherized. I am the sit idle, not pumping at all, at current use those countries is not failing. When Ma Bell low income American. I worked hard to get over a 150 years of oil in the ground, already got too big you all regulated them. When the off of state programs and CHIP. Now it drilled no exploration needed, no problems cable company got too big you regulated seems that was done for no reason. I still with environmentalists, that is not to men- them. When the electric company got too big make too much money for aid programs, but tion the millions of gallons of oil that is you regulated them. Where is the regulation now I will have to give up these items I pumped from the Alaska pipeline directly on on the oil companies? They have shown time worked hard to get and get off of state pro- to tankers only to leave our country (USA) and time again that they cannot police their grams. I got the American dream just to be to be sold to BP or some other company. The own activities. They will root around in your priced back out of it. I now spend $1400+ to Alaska pipeline in the 70’s was promised to pockets while you are filling up your car just fill my heating oil tank. As you know nat- to take the last bit of cash you have. Ameri- the American people (one-third of the oil ural gas is not up here in Cascade. It is cans have more debt now than ever. I know pumped out of the ground in Alaska is cheaper than oil, but we cannot get it. So I I was debt free three years ago. Now, I am pumped back into the ground because the had to make a choice, health insurance or strapped. On the edge of losing it all. I don’t line can’t handle it). Now to talk about re- heating my home. I chose to keep my family have a flat screen TV, no gold silverware. fineries, the American people have been told warm. So now I pray no one gets sick or Nothing big and new. Just trying to get by. we do not have any refineries, we have them hurt. When I say warm I mean 64 degrees. I Putting milk on a credit card. What are we in Utah, Arizona, New Mexico, Texas, Cali- am not sure if you know what that feels like, to do? People say we are going to pull out of fornia . . . four of the major oil companies in but it is very cold during the winter. In the this soon. I say we will only pull out of this the USA are held by one holding company, summer you would say that your AC was when the energy prices go down. How can the last I heard, what they are doing is great. anyone but big oil make any more money to called price fixing (which is against the law, Grocery Costs—Here is another area that pay its employees more money? They can- remember the breakup of Microsoft?). Our has seen large price hikes to deal with the not, so if I cannot get paid more, then the government chooses to buy our oil from ter- cost of transporting food. We live in Cascade costs have to go down for me to have more. rorists, only to support further war, help to and well it costs more to get food to us up Just my thoughts. build indoor ski resorts (in the desert) and here than in Boise. It is nothing new to JASON SPEER, Cascade. manmade islands some of the largest con- spend a few more $ on something that is struction projects ever attempted, at the ex- cheaper in Boise. In the last two years milk This may be late, however, I still think pense of the American people and our econ- has gone up over $1.50 a gallon. Eggs almost you should know my story. I am sure it is omy. When will we stand up for ourselves?

VerDate Mar 15 2010 10:38 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR09\S26JA9.000 S26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 1470 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 26, 2009 ‘‘Even China has.’’ We need to use our own knows that when Operation Homefront congratulations on the dedication of oil (reserves) say no more to the oil compa- Georgia calls, there is a dire situation the Phillip L. Roberts, M.D. Cancer Pa- nies (break them up like in the 1900s) take on the line and we do all we can to vilion.∑ control for our country and not let big busi- help. They don’t take no for an answer, ness run it. ‘‘Regardless of greed’’ this is our f and their insistence pays off. country and our economy. If the economy MESSAGES FROM THE PRESIDENT fails, what good is money (we are on reserve Our men and women who are going note not gold standard)? Is not our govern- off to fight should be able to know Messages from the President of the ment supposed to be by the people for the their loved ones at home are safe and United States were communicated to people? I can show a direct correlation be- sound. With Operation Homefront the Senate by Mrs. Neiman, one of his tween the down turn in the economy and fuel Georgia, they don’t have to worry. This secretaries. prices. Our soldiers are in the Middle East fine organization makes sure our sol- f fighting a war we cannot win, and the Ter- diers return with dignity to a well rorists are winning the 911 war by destroying EXECUTIVE MESSAGES REFERRED taken care of family. our core (economy) by controlling the cost of As in executive session the Presiding our energy (fuel) and we just sit idle. Our On behalf of a grateful Nation, I government says, in part, it is because we thank them for all they do.∑ Officer laid before the Senate messages need to go green, but autos are less than 10 f from the President of the United percent of the problem. States submitting sundry nominations Here it is: TRIBUTE TO DR. PHILLIP LEE which were referred to the appropriate Use our reserves (oil in our ground). ROBERTS committees. Give the Alaska pipe line back to the peo- ∑ Mr. ISAKSON. Mr. President, I wish (The nominations received today are ple. to join with my colleague Senator printed at the end of the Senate pro- Take our pocket book out of it (political investors). CHAMBLISS to honor in the RECORD of ceedings.) Tell OPEC what we will pay (not what they the Senate Dr. Phillip Lee Roberts, f oncologist and medical director of the will have us pay). MESSAGE FROM THE HOUSE Break up the oil companies (price fixing is Phoebe Cancer Center at Phoebe against the law). Putney Memorial Hospital in Albany, At 2:03 p.m., a message from the Let the Middle East take care of them- GA. House of Representatives, delivered by selves. The only value they have is the value For decades, Dr. Roberts has diag- Mr. Zapata, one of its reading clerks, the world puts on them. If they are worth nosed and treated patients in south- announced that the House has passed nothing then they are nothing. the following joint resolution, in which Brazil is 100 percent self sufficient and fuel west Georgia with a record of care and is less than $1.50 a gallon. devotion that is above and beyond the it requests the concurrence of the Sen- We need to stand up and say no, we will use call of duty in his profession. In rec- ate: our own oil, you would be amazed how fast ognition of his remarkable work in the H.J. Res. 3. Joint resolution relating to the the prices would drop, but we would still field of cancer treatment, Phoebe disapproval of obligations under the Emer- need to say no, so we can control it and keep Putney Health System is dedicating its gency Economic Stabilization Act of 2008. control of it (in our country anyway). new cancer pavilion as the Phillip L. f Of the people by the people we are the Roberts, M.D. Cancer Pavilion. U.S.A. MEASURES REFERRED When Dr. Roberts began his practice RICHARD STEPHENS, Caldwell. in Albany in 1980, there were few The following joint resolution was f oncologists south of Macon, GA. At read the first and the second times by ADDITIONAL STATEMENTS that time, a diagnosis of cancer was unanimous consent, and referred as in- often a death sentence. Dr. Roberts has dicated: seen the progression of cancer treat- H.J. Res. 3. Joint resolution relating to the TRIBUTE TO OPERATION ment from the earliest drugs and radi- disapproval of obligations under the Emer- HOMEFRONT ation treatment to the modern meth- gency Economic Stabilization Act of 2008; to ∑ Mr. ISAKSON. Mr. President, I wish the Committee on Banking, Housing, and ods now used to fight the disease. Urban Affairs. today to honor in the RECORD of the Today, the progression of medicine and Senate an organization that is doing technology allows this remarkable doc- f phenomenal work on behalf of military tor to deliver a message of hope rather INTRODUCTION OF BILLS AND families across Georgia. than despair to his patients. JOINT RESOLUTIONS Operation Homefront Georgia is lo- Through the years, as technology and The following bills and joint resolu- cated in Marietta, GA, and is a charter cancer treatments have advanced, his tions were introduced, read the first member of the Operation Homefront steadfast dedication to his patients and and second times by unanimous con- national organization that was founded his profession has remained strong. sent, and referred as indicated: after the horrific attacks on 9/11. The Well into his golden years, Dr. Roberts By Mr. KYL: organization provides emergency as- is still at the helm of one of the busiest S. 313. A bill to resolve water rights claims sistance and morale to our troops, to cancer centers in the southeastern of the White Mountain Apache Tribe in the the families they leave behind and to United States. He has yet to slow his State of Arizona, and for other purposes; to wounded warriors when they return pace or his professional battle against the Committee on Indian Affairs. home. For example, if a military vet- the disease he fights daily on behalf of By Mr. HATCH: eran is unable to pay his or her mort- his patients. Not only does he continue S. 314. A bill to amend title XIX of the So- gage due to injury or stress from war, a full schedule with patients at Phoebe, cial Security Act to establish programs to Operation Homefront Georgia finds the he travels weekly to treat patients at improve the quality, performance, and deliv- ery of pediatric care; to the Committee on money needed for the mortgage. If a clinics in outlying rural areas, where Finance. soldier needs a wheelchair lift in his or access to health care is still limited By Mr. FEINGOLD (for himself and Mr. her home, Operation Homefront Geor- and unattainable for many due to eco- SANDERS): gia finds a company that will install it nomic and social roadblocks. S. 315. A bill to amend title 38, United for free. The individuals who are a part I am pleased to join Senator States Code, to improve the outreach activi- of this organization are truly miracle CHAMBLISS in acknowledging the great ties of the Department of Veterans Affairs, workers. work that is done each day at the and for other purposes; to the Committee on Operation Homefront Georgia is Phoebe Cancer Center and the efforts Veterans’ Affairs. By Mrs. LINCOLN (for herself, Mr. made up mostly of women, some men, of Dr. Roberts over the past 36 years to CRAPO, Mr. ALEXANDER, Mr. PRYOR, but mostly ladies that leave work provide high quality cancer care. Dr. Mr. CORNYN, Ms. CANTWELL, Ms. every day knowing that they made a Roberts certainly deserves this rec- LANDRIEU, Mrs. MURRAY, and Mr. difference in somebody’s life. My office ognition, and we offer our sincerest VITTER):

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S. 316. A bill to amend the Internal Rev- Crime Control and Safe Streets Act of 1968 to NELSON) was added as a cosponsor of S. enue Code of 1986 to make permanent the re- improve assistance to domestic and sexual 197, a bill to assist in the conservation duction in the rate of tax on qualified timber violence victims and provide for technical of cranes by supporting and providing, gain of corporations, and for other purposes; corrections; to the Committee on the Judici- through projects of persons and organi- to the Committee on Finance. ary. By Mr. FEINGOLD: By Mr. ROCKEFELLER (for himself, zations with expertise in crane con- S. 317. A bill to repeal the provision of law Mr. KERRY, Ms. KLOBUCHAR, and Mr. servation, financial resources for the that provides automatic pay adjustments for SCHUMER): conservation programs of countries the Members of Congress; to the Committee on S. 328. A bill to postpone the DTV transi- activities of which directly or indi- Homeland Security and Governmental Af- tion date; read twice. rectly affect cranes and the ecosystem fairs. By Mr. LEAHY: of cranes. By Mr. GRASSLEY: S. 329. A bill to amend the Internal Rev- S. 244 S. 318. A bill to amend title XVIII of the enue Code of 1986 to extend the nonbusiness Social Security Act to improve access to energy property credit for property placed in At the request of Mr. BOND, the name health care under the Medicare program for service during 2008; to the Committee on Fi- of the Senator from Pennsylvania (Mr. beneficiaries residing in rural areas; to the nance. CASEY) was added as a cosponsor of S. Committee on Finance. By Mr. BINGAMAN (for himself and f 244, a bill to expand programs of early childhood home visitation that in- Mr. DURBIN): SUBMISSION OF CONCURRENT AND crease school readiness, child abuse S. 319. A bill to amend the Public Health SENATE RESOLUTIONS Service Act to provide grants to promote and neglect prevention, and early iden- positive health behaviors in women and chil- The following concurrent resolutions tification of developmental and health dren; to the Committee on Health, Edu- and Senate resolutions were read, and delays, including potential mental cation, Labor, and Pensions. referred (or acted upon), as indicated: By Ms. CANTWELL: health concerns, and for other pur- S. 320. A bill to ensure that short- and By Mr. VOINOVICH (for himself and poses. long-term investment decisions critical to Mr. CASEY): S. 249 economic stimulus and job creation in clean S. Res. 20. A resolution celebrating the 60th anniversary of the North Atlantic Trea- At the request of Ms. STABENOW, the energy are supported by Federal programs name of the Senator from Minnesota and reliable tax incentives; to the Com- ty Organization; to the Committee on For- mittee on Finance. eign Relations. (Ms. KLOBUCHAR) was added as a co- By Mr. VOINOVICH (for himself, Mr. By Mr. REID (for himself and Mr. sponsor of S. 249, a bill to amend the TESTER, and Ms. KLOBUCHAR): MCCONNELL): Internal Revenue Code of 1986 to qual- S. 321. A bill to require the Secretary of S. Res. 21. A resolution to authorize testi- ify formerly homeless youth who are Homeland Security and the Secretary of mony in United States of America v. Vincent students for purposes of low income tax State to accept passport cards at air ports of J. Fumo, et al; considered and agreed to. credit. entry and for other purposes; to the Com- f mittee on the Judiciary. S. 250 By Mr. SCHUMER (for himself, Mr. ADDITIONAL COSPONSORS At the request of Mr. SCHUMER, the SPECTER, Mr. CARPER, Mr. MENENDEZ, S. 85 name of the Senator from South Da- Mr. KENNEDY, Mr. DODD, Mr. WYDEN, At the request of Mr. VITTER, the kota (Mr. JOHNSON) was added as a co- Mr. KERRY, Mrs. BOXER, Mr. name of the Senator from Oklahoma sponsor of S. 250, a bill to amend the LIEBERMAN, Mr. BINGAMAN, Mr. Internal Revenue Code of 1986 to pro- CARDIN, and Mr. LAUTENBERG): (Mr. INHOFE) was added as a cosponsor S. 322. A bill to amend the Internal Rev- of S. 85, a bill to amend title X of the vide a higher education opportunity enue Code of 1986 to equalize the exclusion Public Health Service Act to prohibit credit in place of existing education from gross income of parking and transpor- family planning grants from being tax incentives. tation fringe benefits and to provide for a awarded to any entity that performs S. 292 common cost-of-living adjustment, and for At the request of Mr. SPECTER, the other purposes; to the Committee on Fi- abortions. nance. S. 102 name of the Senator from Utah (Mr. By Mr. CONRAD (for himself, Mrs. LIN- At the request of Mr. VITTER, the BENNETT) was added as a cosponsor of COLN, and Mr. NELSON of Nebraska): name of the Senator from Nevada (Mr. S. 292, a bill to repeal the imposition of S. 323. A bill to provide infrastructure, nu- ENSIGN) was added as a cosponsor of S. withholding on certain payments made trition, and housing assistance to rural areas 102, a bill to repeal the provision of law to vendors by government entities. of the United States; to the Committee on f Finance. that provides automatic pay adjust- By Mr. MENENDEZ (for himself, Mr. ments for Members of Congress. STATEMENTS ON INTRODUCED DURBIN, Ms. SNOWE, Mr. LAUTENBERG, S. 154 BILLS AND JOINT RESOLUTIONS Mr. WHITEHOUSE, and Mr. BROWN): At the request of Mr. ENSIGN, the By Mr. KYL: S. 324. A bill to provide for research on, and name of the Senator from Utah (Mr. services for individuals with, postpartum de- S. 313. A bill to resolve water rights pression and psychosis; to the Committee on BENNETT) was added as a cosponsor of claims of the White Mountain Apache Health, Education, Labor, and Pensions. S. 154, a bill to require the Congres- Tribe in the State of Arizona, and for By Mr. COCHRAN: sional Budget Office and the Joint other purposes; to the Committee on S. 325. A bill to amend section 845 of title Committee on Taxation to use dynamic Indian Affairs. 18, United States Code, relating to explo- economic modeling in addition to stat- sives, to grant the Attorney General exemp- Mr. KYL. Mr. President, today I am ic economic modeling in the prepara- pleased to introduce the White Moun- tion authority; to the Committee on the Ju- tion of budgetary estimates of proposed diciary. tain Apache Tribe Water Rights Quan- By Mr. McCONNELL (for himself, Mr. changes in Federal revenue law. tification Act of 2009. The legislation KYL, Mr. VITTER, Mr. CHAMBLISS, Mr. S. 167 would authorize and confirm the tribe’s BUNNING, Mr. GREGG, Mr. COBURN, At the request of Mr. KOHL, the water settlement and authorize fund- Mr. BURR, Mr. ISAKSON, Mr. GRAHAM, names of the Senator from Indiana ing for a key drinking water project on Mr. INHOFE, Mr. CORNYN, Mr. (Mr. BAYH) and the Senator from Min- BROWNBACK, Mr. COCHRAN, Mr. EN- the tribe’s reservation in northern Ari- nesota (Ms. KLOBUCHAR) were added as SIGN, Mr. THUNE, Mr. DEMINT, Mr. zona—the Miner Flat Dam and Res- BENNETT, and Mr. BARRASSO): cosponsors of S. 167, a bill to amend the ervoir. The legislation is the product of S. 326. A bill to amend title XXI of the So- Omnibus Crime Control and Safe nearly 3 years of negotiation and the cial Security Act to reauthorize the State Streets Act of 1968 to enhance the tremendous work of the settlement Children’s Health Insurance Program COPS ON THE BEAT grant program, parties. through fiscal year 2013, and for other pur- and for other purposes. On behalf of the tribe, the United poses; to the Committee on Finance. S. 197 By Mr. LEAHY: States filed substantial claims to water S. 327. A bill to amend the Violence At the request of Mr. FEINGOLD, the in the Gila River and Little Colorado Against Women Act of 1994 and the Omnibus name of the Senator from Florida (Mr. River General Stream adjudications in

VerDate Mar 15 2010 10:38 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR09\S26JA9.001 S26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 1472 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 26, 2009 Arizona. The settlement of these the $250 million will be used to con- self-sufficiency, it is appropriate that the claims would, among other things, re- struct the Miner Flat Project. While a United States participate in and contribute solve the tribe’s claims to water by al- potential scoring issue exists relating funds for the implementation of the Agree- locating to it a total annual water to the use of these funds, I am con- ment. (b) PURPOSES.—The purposes of this Act right of 52,000 acre-feet per year fident that these issues will be resolved are— through a combination of surface water as the legislation progresses. (1) to authorize, ratify, and confirm the and Central Arizona Project water In sum, not only would the legisla- Agreement; sources. Without a settlement, resolu- tion I have introduced today provide (2) to authorize and direct the Secretary to tion of the tribe’s claims would take certainty to water users in the State of execute the Agreement and carry out all ob- many years, entail great expense, pro- Arizona regarding their future water ligations of the Secretary under the Agree- long uncertainty concerning the avail- supplies, it would provide the tribe ment; with a long-term reliable source of (3) to authorize the actions and appropria- ability of water supplies, and seriously tions necessary for the United States to impair the long-term economic well- drinking water. Therefore, I urge my meet the obligations of the United States being of all of the parties to the settle- colleagues to support this legislation. under the Agreement and this Act; and ment. Mr. President, I ask unanimous con- (4) to permanently resolve certain damage Late last year, the representatives of sent that the text of the bill and let- claims and all water rights claims among— the non-federal water settlement par- ters of support be printed int he (A) the Tribe and its members; ties indicated that a settlement was RECORD. (B) the United States in its capacity as nearly finalized. The parties’ represent- There being no objection, the mate- trustee for the Tribe and its members; atives expressed their written support rial was ordered to be placed in the (C) the parties to the Agreement; and (D) all other claimants in the proceedings RECORD, as follows: for the settlement and indicated that referred to in subsection (a)(1). S. 313 they will be submitting the settlement SEC. 3. DEFINITIONS. to their respective governing bodies for Be it enacted by the Senate and House of Rep- In this Act: review and action. A number of the resentatives of the United States of America in (1) AGREEMENT.—The ‘‘Agreement’’ parties, including the White Mountain Congress assembled, means— Apache Tribe, have already formally SECTION 1. SHORT TITLE. (A) the WMAT Water Rights Quantifica- approved the settlement. This Act may be cited as the ‘‘White Moun- tion Agreement dated January 13, 2009; and A major factor driving the settle- tain Apache Tribe Water Rights Quantifica- (B) any amendment or exhibit (including tion Act of 2009’’. ment is the drinking water needs of the exhibit amendments) to that agreement that SEC. 2. FINDINGS AND PURPOSES. are— White Mountain Apache Tribe. Cur- (a) FINDINGS.—Congress finds that— (i) made in accordance with this Act; or rently, a relatively small well field (1) proceedings to determine the nature (ii) otherwise approved by the Secretary. serves the drinking water needs of the and extent of the water rights of the White (2) BUREAU.—The term ‘‘Bureau’’ means majority of the residents on the tribe’s Mountain Apache Tribe, members of the the Bureau of Reclamation. reservation, but production from the Tribe, the United States, and other claim- (3) CAP.—The term ‘‘CAP’’ means the rec- wells has declined significantly over ants are pending in— lamation project authorized and constructed the last few years. As a result, the (A) the consolidated civil action in the Su- by the United States in accordance with title tribe has experienced summer drinking perior Court of the State of Arizona for the III of the Colorado River Basin Project Act County of Maricopa styled In re the General (43 U.S.C. 1521 et seq.). water shortages. The tribe is planning Adjudication of All Rights To Use Water In (4) CAP CONTRACTOR.—The term ‘‘CAP con- to construct a relatively small diver- The Gila River System and Source, W–1 tractor’’ means an individual or entity that sion project on the North Fork of the (Salt), W–2 (Verde), W–3 (Upper Gila), W–4 has entered into a long-term contract (as White River on its reservation this (San Pedro); and that term is used in the repayment stipula- year. It indicates that when the project (B) the civil action pending in the Superior tion) with the United States for delivery of is completed it will replace most of the Court of the State of Arizona for the County water through the CAP system. lost production from the existing well of Apache styled In re the General Adjudica- (5) CAP FIXED OM&R CHARGE.—The term field, but will not produce enough tion of All Rights to Use Water in the Little ‘‘CAP fixed OM&R charge’’ has the meaning Colorado River System and Source and num- given the term in the repayment stipulation. water to meet the demand of the bered CIV–6417; (6) CAP M&I PRIORITY WATER.—The term tribe’s growing population. The Miner (2) a final resolution of those proceedings ‘‘CAP M&I priority water’’ means the CAP Flat Project would provide a longterm might— water having a municipal and industrial de- solution for the tribe’s drinking water (A) take many years; livery priority under the repayment con- shortages. (B) entail great expense; tract. A significant percentage of the water (C) prolong uncertainty concerning the (7) CAP SUBCONTRACTOR.—The term ‘‘CAP and funding for the White Mountain availability of water supplies; and subcontractor’’ means an individual or enti- Apache settlement has already been set (D) seriously impair the long-term eco- ty that has entered into a long-term sub- aside in legislation I sponsored, the Ar- nomic well-being of all parties to the pro- contract (as that term is used in the repay- ceedings; ment stipulation) with the United States and izona Water Settlements Act. The Ari- (3) the Tribe, non-Indian communities lo- the District for the delivery of water zona Water Settlements Act, which be- cated near the reservation of the Tribe, and through the CAP system. came law in 2004, settled expensive and other Arizona water users have agreed— (8) CAP SYSTEM.—The term ‘‘CAP system’’ lengthy litigation concerning the Gila (A) to permanently quantify the water means— River Indian Community’s rights to rights of the Tribe, members of the Tribe, (A) the Mark Wilmer Pumping Plant; Gila River water and other water sup- and the United States in its capacity as (B) the Hayden-Rhodes Aqueduct; plies, and the claims of the Tohono trustee for the Tribe and members in accord- (C) the Fannin-McFarland Aqueduct; O’odham Nation for damages from ance with the Agreement; and (D) the Tucson Aqueduct; (B) to seek funding, in accordance with ap- (E) any pumping plant or appurtenant groundwater pumping in southern Ari- plicable law, for the implementation of the works of a feature described in any of sub- zona. It also set aside 67,300 acre-feet of Agreement; paragraphs (A) through (D); and Central Arizona Project, CAP, water (4) it is the policy of the United States to (F) any extension of, addition to, or re- per year to resolve Indian water claims quantify, to the maximum extent prac- placement for a feature described in any of in Arizona and established a $250 mil- ticable, water rights claims of Indian tribes subparagraphs (A) through (E). lion fund for future Arizona Indian without lengthy and costly litigation; (9) CAP WATER.—The term ‘‘CAP water’’ water settlements. (5) as of the date of enactment of this Act, means ‘‘Project Water’’ (as that term is de- Under the White Mountain Apache the tribal water rights are unquantified vest- fined in the repayment stipulation). Tribe’s settlement legislation, a por- ed property rights held in trust by the (10) CONTRACT.—The term ‘‘Contract’’ United States for the benefit of the Tribe; means— tion of the CAP water set aside in the and (A) the contract between the Tribe and the Arizona Water Settlements Act will be (6) in keeping with the trust responsibility United States attached as exhibit 7.1 to the used to settle the White Mountain of the United States to Indian tribes, and to Agreement and numbered 08–XX–30–W0529 Apache Tribe’s claims and a portion of promote tribal sovereignty and economic and dated øllll¿; and

VerDate Mar 15 2010 10:38 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR09\S26JA9.001 S26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 26, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 1473 (B) any amendments to that contract. the Tribe is entitled pursuant to the Con- fined in the Contract) in accordance with (11) DISTRICT.—The term ‘‘District’’ means tract. section 104(a)(1)(A)(iii) of the Arizona Water the Central Arizona Water Conservation Dis- (22) TRIBAL WATER RIGHTS.—The term Settlements Act (Public Law 108–451; 118 trict, a political subdivision of the State ‘‘tribal water rights’’ means the water rights Stat. 3488), of which— that is the contractor under the repayment of the Tribe described in paragraph 4.0 of the (i) 3,750 acre-feet per year shall be firmed contract. Agreement. by the United States for the benefit of the (12) ENFORCEABILITY DATE.—The term ‘‘en- (23) TRIBE.—The term ‘‘Tribe’’ means the Tribe for the 100-year period beginning on forceability date’’ means the date described White Mountain Apache Tribe organized January 1, 2008, with priority equivalent to in section 12(c)(1). under section 16 of the Act of June 18, 1934 CAP M&I priority water, in accordance with (13) INJURY TO WATER RIGHTS.— (commonly known as the ‘‘Indian Reorga- section 105(b)(1)(B) of that Act (118 Stat. (A) IN GENERAL.—The term ‘‘injury to nization Act’’) (25 U.S.C. 476). 3492); and water rights’’ means an interference with, (24) WATER RIGHT.—The term ‘‘water right’’ (ii) 3,750 acre-feet per year shall be firmed diminution of, or deprivation of, a water means any right in or to groundwater, sur- by the State for the benefit of the Tribe for right under Federal, State, or other law. face water, or effluent under Federal, State, the 100-year period beginning on January 1, (B) INCLUSIONS.—The term ‘‘injury to or other law. 2008, with priority equivalent to CAP M&I water rights’’ includes— (25) WMAT RURAL WATER SYSTEM.—The priority water, in accordance with section (i) a change in the groundwater table; and term ‘‘WMAT rural water system’’ means 105(b)(2)(B) of that Act (118 Stat. 3492); and (ii) any effect of such a change. the municipal, rural, and industrial water di- (B) an annual entitlement to 1,218 acre-feet (C) EXCLUSION.—The term ‘‘injury to water version, storage, and delivery system de- per year of the water— rights’’ does not include any injury to water scribed in section 7. (i) acquired by the Secretary through the quality. (26) YEAR.—The term ‘‘year’’ means a cal- permanent relinquishment of the Harquahala (14) OFF-RESERVATION TRUST LAND.—The endar year. Valley Irrigation District CAP subcontract term ‘‘off-reservation trust land’’ means SEC. 4. APPROVAL OF AGREEMENT. entitlement in accordance with the contract numbered 3–07–30–W0290 among the District, land— (a) APPROVAL.— Harquahala Valley Irrigation District, and (A) located outside the exterior boundaries (1) IN GENERAL.—Except to the extent that of the reservation that is held in trust by the any provision of the Agreement conflicts the United States; and United States for the benefit of the Tribe as with a provision of this Act, the Agreement (ii) converted to CAP Indian Priority water of the enforceability date; and is authorized, ratified, and confirmed. (as defined in the Contract) pursuant to the Fort McDowell Indian Community Water (B) depicted on the map attached to the (2) AMENDMENTS.—Any amendment to the Agreement as exhibit 2.57. Agreement is authorized, ratified, and con- Rights Settlement Act of 1990 (Public Law 101–628; 104 Stat. 4480). (15) OPERATING AGENCY.—The term ‘‘Oper- firmed, to the extent that such an amend- ating Agency’’ means the 1 or more entities ment is executed to make the Agreement (2) AUTHORITY OF TRIBE.—Subject to ap- authorized to assume responsibility for the consistent with this Act. proval by the Secretary under section 6(a)(1), care, operation, maintenance, and replace- (b) EXECUTION OF AGREEMENT.—To the ex- the Tribe shall have the sole authority to ment of the CAP system. tent that the Agreement does not conflict lease, distribute, exchange, or allocate the (16) REPAYMENT CONTRACT.—The term ‘‘re- with this Act, the Secretary shall— tribal CAP water described in paragraph (1). (c) WATER SERVICE CAPITAL CHARGES.—The payment contract’’ means— (1) execute the Agreement (including sign- Tribe shall not be responsible for any water (A) the contract between the United States ing any exhibit to the Agreement requiring service capital charge for tribal CAP water. and the District for delivery of water and re- the signature of the Secretary); and (d) ALLOCATION AND REPAYMENT.—For the payment of the costs of the CAP, numbered (2) execute any amendment to the Agree- purpose of determining the allocation and 14–06–W–245 (Amendment No. 1), and dated ment necessary to make the Agreement con- repayment of costs of any stages of the CAP December 1, 1988; and sistent with this Act. constructed after November 21, 2007, the (B) any amendment to, or revision of, that (c) NATIONAL ENVIRONMENTAL POLICY costs associated with the delivery of water contract. ACT.— described in subsection (b), regardless of (17) REPAYMENT STIPULATION.—The term (1) ENVIRONMENTAL COMPLIANCE.—In imple- whether the water is delivered for use by the ‘‘repayment stipulation’’ means the stipu- menting the Agreement, the Secretary shall Tribe or in accordance with any assignment, lated judgment and the stipulation for judg- promptly comply with all applicable require- exchange, lease, option to lease, or other ment (including any exhibits to those docu- ments of— agreement for the temporary disposition of ments) entered on November 21, 2007, in the (A) the National Environmental Policy Act water entered into by Tribe, shall be— United States District Court for the District of 1969 (42 U.S.C. 4321 et seq.); (1) nonreimbursable; and of Arizona in the consolidated civil action (B) the Endangered Species Act of 1973 (16 (2) excluded from the repayment obligation styled Central Arizona Water Conservation U.S.C. 1531 et seq.); of the District. District v. United States, et al., and num- (C) all other applicable Federal environ- (e) WATER CODE.—Not later than 18 months bered CIV 95–625–TUC–WDB (EHC) and CIV mental laws; and after the enforceability date, the Tribe shall 95–1720–PHX–EHC. (D) all regulations promulgated under the enact a water code that— (18) RESERVATION.— laws described in subparagraphs (A) through (1) governs the tribal water rights; and (A) IN GENERAL.—The term ‘‘reservation’’ (C). (2) includes, at a minimum— means the land within the exterior boundary (2) EXECUTION OF AGREEMENT.— (A) provisions requiring the measurement, of the White Mountain Indian Reservation (A) IN GENERAL.—Execution of the Agree- calculation, and recording of all diversions established by the Executive order dated No- ment by the Secretary under this section and depletions of water on the reservation vember 9, 1871, as modified by subsequent Ex- shall not constitute a major Federal action and on off-reservation trust land; ecutive orders and Acts of Congress— under the National Environmental Policy (B) terms of a water conservation plan, in- (i) known on the date of enactment of this Act of 1969 (42 U.S.C. 4321 et seq.). cluding objectives, conservation measures, Act as the ‘‘Fort Apache Reservation’’ pursu- (B) ENVIRONMENTAL COMPLIANCE.—The Sec- and an implementation timeline; ant to the Act of June 7, 1897 (30 Stat. 62, retary shall carry out all necessary environ- (C) provisions requiring the approval of the chapter 3); and mental compliance required by Federal law Tribe for the severance and transfer of rights (ii) generally depicted on the map attached in implementing the Agreement. to the use of water from historically irri- to the Agreement as exhibit 2.81. (3) LEAD AGENCY.—The Bureau shall serve gated land identified in paragraph 11.3.2.1 of (B) NO EFFECT ON DISPUTE OR AS ADMIS- as the lead agency with respect to ensuring the Agreement to diversions and depletions SION.—The depiction of the reservation de- environmental compliance associated with on other non-historically irrigated land not scribed in subparagraph (A)(ii) shall not— the WMAT rural water system. located on the watershed of the same water (i) be used to affect any dispute between SEC. 5. WATER RIGHTS. source; and the Tribe and the United States concerning (a) RIGHTS HELD IN TRUST.—The tribal (D) provisions requiring the authorization the legal boundary of the reservation; and water rights shall be held in trust by the of the Tribe for all diversions of water on the (ii) constitute an admission by the Tribe United States on behalf of Tribe. reservation and on off-reservation trust land with regard to any dispute between the Tribe (b) REALLOCATION.— by any individual or entity other than the and the United States concerning the legal (1) IN GENERAL.—In accordance with this Tribe. boundary of the reservation. Act and the Agreement, the Secretary shall SEC. 6. CONTRACT. (19) SECRETARY.—The term ‘‘Secretary’’ reallocate to the Tribe, and offer to enter (a) IN GENERAL.—The Secretary shall enter means the Secretary of the Interior. into a contract with the Tribe for the deliv- into the Contract, in accordance with the (20) STATE.—The term ‘‘State’’ means the ery in accordance with this section of— Agreement, to provide, among other things, State of Arizona. (A) an annual entitlement to 23,782 acre- that— (21) TRIBAL CAP WATER.—The term ‘‘tribal feet per year of CAP water that has a non-In- (1) the Tribe, on approval of the Secretary, CAP water’’ means the CAP water to which dian agricultural delivery priority (as de- may—

VerDate Mar 15 2010 10:38 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR09\S26JA9.001 S26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 1474 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 26, 2009 (A) enter into contracts or options to firmed, to the extent that such an amend- health, and environmental needs of the por- lease, contracts to exchange, or options to ment is executed to make the Contract con- tions of the reservation served by the WMAT exchange tribal CAP water in Maricopa, sistent with this Act. rural water system, including water storage Pinal, Pima, and Yavapai Counties in the (d) EXECUTION OF CONTRACT.—To the extent tanks, water lines, and other facilities for State providing for the temporary delivery that the Contract does not conflict with this the Tribe and the villages and towns on the to any individual or entity of any portion of Act, the Secretary shall execute the Con- reservation. the tribal CAP water, subject to the condi- tract. (c) SERVICE AREA.—The service area of the tion that— (e) PAYMENT OF CHARGES.—The Tribe, and WMAT rural water system shall be as de- (i) the term of the contract or option to any recipient of tribal CAP water through a scribed in the Project Extension report dated lease shall not be longer than 100 years; contract or option to lease or exchange, shall February 2007. (ii) the contracts or options to exchange not be obligated to pay a water service cap- (d) CONSTRUCTION REQUIREMENTS.—The shall be for the term provided in the con- ital charge or any other charge, payment, or components of the WMAT rural water sys- tract or option; and fee for CAP water, except as provided in an tem shall be planned and constructed to a (iii) a lease or option to lease providing for applicable lease or exchange agreement. size that is sufficient to meet the municipal, the temporary delivery of tribal CAP water (f) PROHIBITIONS.— rural, and industrial water supply require- shall require the lessee to pay to the Oper- (1) USE OUTSIDE STATE.—No tribal CAP ments of the WMAT rural water system serv- ating Agency all CAP fixed OM&R charges water may be leased, exchanged, forborne, or ice area during the period beginning on the and all CAP pumping energy charges (as de- otherwise transferred by the Tribe in any date of enactment of this Act and ending not fined in the repayment stipulation) associ- way for use directly or indirectly outside the earlier than December 31, 2040. ated with the leased water; and State. (e) TITLE.—Title to the WMAT rural water (B) renegotiate any lease at any time dur- (2) USE OFF RESERVATION.—Except as au- system shall be held in trust by the United ing the term of the lease, subject to the con- thorized by this section and paragraph 4.7 of States in its capacity as trustee for the dition that the term of the renegotiated the Agreement, no tribal water rights under Tribe. lease shall not exceed 100 years; this Act may be sold, leased, transferred, or (f) TECHNICAL ASSISTANCE.—The Secretary (2) no portion of the tribal CAP water may used outside the boundaries of the reserva- shall provide such technical assistance as is be permanently alienated; tion or off-reservation trust land other than necessary to enable the Tribe to plan, design, (3)(A) the Tribe (and not the United States pursuant to an exchange. construct, operate, maintain, and replace the in any capacity) shall be entitled to all con- (3) AGREEMENTS WITH ARIZONA WATER BANK- WMAT rural water system, including oper- sideration due to the Tribe under any con- ING AUTHORITY.—Nothing in this Act or the ation and management training. tract or option to lease or exchange tribal Agreement limits the right of the Tribe to (g) APPLICABILITY OF ISDEAA.—Planning, CAP water entered into by the Tribe; and enter into an agreement with the Arizona design, construction, operation, mainte- (B) the United States (in any capacity) has Water Banking Authority established by sec- nance, rehabilitation, and replacement of no trust or other obligation to monitor, ad- tion 45–2421 of the Arizona Revised Statutes the WMAT rural water system on the res- minister, or account for, in any manner— (or any successor entity), in accordance with ervation shall be subject to the provisions (i) any funds received by the Tribe as con- State law. (including regulations) of the Indian Self-De- sideration under a contract or option to (g) LEASES.— termination and Education Assistance Act lease or exchange tribal CAP water; or (1) IN GENERAL.—To the extent the leases of (25 U.S.C. 450 et seq.). (ii) the expenditure of those funds; tribal CAP Water by the Tribe to the Dis- (h) CONDITION.—As a condition of construc- (4)(A) all tribal CAP water shall be deliv- trict and to any of the cities, attached as ex- tion of the facilities authorized by this sec- ered through the CAP system; and hibits to the Agreement, are not in conflict tion, the Tribe shall provide, at no cost to (B) if the delivery capacity of the CAP sys- with the provisions of this Act— the Secretary, all land or interests in land, tem is significantly reduced or anticipated (A) those leases are authorized, ratified, as appropriate, that the Secretary identifies to be significantly reduced for an extended and confirmed; and as being necessary for those facilities. period of time, the Tribe shall have the same (B) the Secretary shall execute the leases. SEC. 8. OUTDOOR RECREATION FACILITIES, NA- CAP delivery rights as a CAP contractor or (2) AMENDMENTS.—To the extent that TIONAL FISH HATCHERIES, AND EX- CAP subcontractor that is allowed to take amendments are executed to make the leases ISTING IRRIGATION SYSTEMS. delivery of water other than through the described in paragraph (1) consistent with (a) IN GENERAL.—Subject to the avail- CAP system; this Act, those amendments are authorized, ability of appropriations, on request of the (5) the Tribe may use tribal CAP water on ratified, and confirmed. Tribe, the Secretary shall provide financial or off the reservation for any purpose; SEC. 7. AUTHORIZATION OF THE RURAL WATER and technical assistance to complete the (6) as authorized by subsection (f)(2)(A) of SYSTEM. Hawley Lake, Horseshoe Lake, Reservation section 403 of the Colorado River Basin (a) IN GENERAL.—Subject to the avail- Lake, Sunrise Lake, and Big and Little Bear Project Act (43 U.S.C. 1543) and to the extent ability of appropriations, the Secretary, act- Lake reconstruction projects and facilities that funds are available in the Lower Colo- ing through the Bureau, shall plan, design, improvements, as generally described in the rado River Basin Development Fund estab- construct, operate, maintain, replace, and Bureau report entitled ‘‘White Mountain lished by subsection (a) of that section, the rehabilitate the WMAT rural water system Apache Tribe Recreation Planning Study— United States shall pay to the Operating as generally described in the project exten- April 2003’’. Agency the CAP fixed OM&R charges associ- sion report dated February 2007. (b) ALCHESAY WILLIAMS CREEK NATIONAL ated with the delivery of tribal CAP water (b) COMPONENTS.—The WMAT rural water FISH HATCHERY COMPLEX.— (except in the case of tribal CAP water system under subsection (a) shall consist (1) IN GENERAL.—Subject to the avail- leased by any individual or entity); of— ability of appropriations, the Secretary shall (7) the Secretary shall waive the right of (1) a dam and storage reservoir, pumping operate, maintain, rehabilitate, and upgrade the Secretary to capture all return flow from plant, and treatment facilities located along the Alchesay-Williams Creek National Fish project exchange water flowing from the ex- the North Fork White River near the com- Hatchery Complex on the reservation for the terior boundary of the reservation; and munity of Whiteriver; continued general and primary benefit of the (8) no CAP water service capital charge (2) pipelines extending from the water Tribe and the White Mountain region. shall be due or payable for the tribal CAP treatment plants to existing water distribu- (2) COMPLEX REHABILITATION.—The reha- water, regardless of whether the water is de- tion systems serving the Whiteriver, Carrizo, bilitation of, and upgrades to, the complex livered for use by the Tribe or pursuant to a and Cibecue areas, together with other com- described in paragraph (1) shall include— contract or option to lease or exchange trib- munities along the pipeline; (A) raceway construction and rehabilita- al CAP water entered into by the Tribe. (3) connections to existing distribution fa- tion, water quality improvements, a water (b) REQUIREMENTS.—The Contract shall cilities, including public and private water recirculation system, supplemental water be— systems in existence on the date of enact- treatment capability, equipment acquisition, (1) for permanent service (within the ment of this Act; and building rehabilitation; and meaning of section 5 of the Boulder Canyon (4) appurtenant buildings and access roads; (B) capital improvement and deferred Project Act (43 U.S.C. 617d)); and (5) electrical power transmission and dis- maintenance facility needs identified in the (2) without limit as to term. tribution facilities necessary for services to reports of the United States Fish and Wild- (c) RATIFICATION.— rural water system facilities; life Service entitled ‘‘Facilities Needs As- (1) IN GENERAL.—Except to the extent that (6) all property and property rights nec- sessment’’ and ‘‘Merrick Report’’ and dated any provision of the Contract conflicts with essary for the facilities described in this sub- September 2000, as updated through 2008. a provision of this Act, the Contract is au- section; and (c) TRIBE FISHERY CENTER.—Subject to the thorized, ratified, and confirmed. (7) such other project components as the availability of appropriations, the Secretary (2) AMENDMENTS.—Any amendment to the Secretary determines to be appropriate to shall plan, design, construct, operate, main- Contract is authorized, ratified, and con- meet the water supply, economic, public tain, rehabilitate, and replace a fish grow-

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SATISFACTION OF CLAIMS. reservation trust land arising from time im- Fishery Center’’, on the west side of the res- (a) IN GENERAL.—The benefits realized by memorial through the enforceability date; ervation for the benefit of the Tribe, con- the Tribe and its members under this Act (B) claims for injury to water rights aris- sisting of— shall be in full satisfaction of all claims of ing after the enforceability date resulting (1) a 10,000-square foot indoor facility; the Tribe and its members for water rights from the diversion or use of water on the res- (2) circular fiberglass tanks; and injury to water rights, except as set ervation and on off-reservation trust land in (3) plumbing and required equipment; forth in the Agreement, under Federal, a manner not in violation of the Agreement; (4) collection and conveyance water sys- State, or other law with respect to the res- and tems; and ervation and off-reservation trust land. (C) past, present, and future claims arising (5) raceways and ponds. (b) USES OF WATER.—All uses of water on out of or related in any manner to the nego- (d) SUNRISE SKI PARK SNOW-MAKING INFRA- lands outside of the reservation, if and when tiation or execution of the Agreement or the STRUCTURE.—Subject to the availability of such lands are subsequently and finally de- negotiation or enactment of this Act. appropriations, the Secretary shall plan, de- termined to be part of the reservation (3) CLAIMS AGAINST THE UNITED STATES.— sign, and construct snow-making capacity through resolution of any dispute between Except as provided in subparagraph 12.7 of and infrastructure for Sunrise Ski Park, con- the Tribe and the United States over the lo- the Agreement, the Tribe, on behalf of itself sisting of— cation of the reservation boundary, and any and its members, as part of the performance (1) enlargement of Ono Lake; fee lands within the reservation put into of its obligations under the Agreement, is (2) replacement of snow-making infrastruc- trust and made part of the reservation, shall authorized to execute a waiver and release of ture, as necessary; and be subject to the maximum annual diversion any claim against the United States, includ- (3) expansion of snow-making infrastruc- amounts and the maximum annual depletion ing agencies, officials, or employees thereof ture and capacity to all ski runs on Sunrise amounts specified in the Agreement. (except in the United States capacity as Peak, Apache Peak, and Cyclone Peak. (c) NO RECOGNITION OF WATER RIGHTS.— trustee for other tribes), under Federal, (e) EXISTING IRRIGATION SYSTEM REHABILI- Notwithstanding subsection (a), nothing in State, or other law for any and all— TATION.—Subject to the availability of appro- this Act has the effect of recognizing or es- (A)(i) past, present, and future claims for priations, the Secretary shall operate, main- tablishing any right of a member of the water rights for the reservation and off-res- tain, rehabilitate, and upgrade the Canyon Tribe to water on the reservation. ervation trust land arising from time imme- Day and other historic irrigation systems on morial and, thereafter, forever; and the reservation for the continued general SEC. 12. WAIVER AND RELEASE OF CLAIMS. (a) IN GENERAL.—– (ii) past, present, and future claims for and primary benefit of the Tribe. water rights arising from time immemorial (f) APPLICABILITY OF ISDEAA.—Planning, (1) CLAIMS AGAINST THE STATE AND OTH- and, thereafter, forever, that are based on design, construction, operation, mainte- ERS.—–Except as provided in subparagraph aboriginal occupancy of land by the Tribe nance, rehabilitation, replacement, and up- 12.6 of the Agreement, the Tribe, on behalf of and its members, or their predecessors; grade of the projects identified in this sec- itself and its members, and the United (B)(i) past and present claims relating in tion shall be subject to the provisions (in- States, acting in its capacity of trustee for any manner to damages, losses, or injuries to cluding regulations) of the Indian Self-Deter- the Tribe and its members as part of the per- water, water rights, land, or other resources mination and Education Assistance Act (25 formance of their obligations under the due to loss of water or water rights (includ- U.S.C. 450 et seq.). Agreement, are authorized to execute a ing but not limited to damages, losses or in- waiver and release of any claims against the SEC. 9. FEASIBILITY STUDY OF NEEDED FOREST juries to hunting, fishing, gathering, or cul- PRODUCTS IMPROVEMENTS. State (or any agency or political subdivision tural rights due to loss of water or water (a) FEASIBILITY STUDY.—Subject to the of the State), or any other person, entity, rights; claims relating to interference with, availability of appropriations and pursuant corporation, or municipal corporation under diversion or taking of water; or claims relat- to the provisions (including regulations) of Federal, State, or other law for all— ing to failure to protect, acquire, or develop the Indian Self-Determination and Edu- (A)(i) past, present, and future claims for water, water rights or water infrastructure) cation Assistance Act (25 U.S.C. 450 et seq.), water rights for the reservation and off-res- within the reservation and off-reservation on receipt of a request by the Tribe, the Sec- ervation trust land arising from time imme- trust land that first accrued at any time retary shall conduct a feasibility study of morial and, thereafter, forever; and prior to the enforceability date; options for— (ii) past, present, and future claims for (1) improving the manufacture and use of (ii) past, present, and future claims for in- water rights arising from time immemorial jury to water rights arising from time imme- timber products derived from commercial and, thereafter, forever, that are based upon forests on the reservation; and morial and, thereafter, forever, that are aboriginal occupancy of land by the Tribe, based on aboriginal occupancy of land by the (2) improving forest management prac- its members, or their predecessors; tices, consistent with sustained yield prin- Tribe and its members, or their predecessors; (B)(i) past and present claims for injury to and ciples for multipurpose forest uses, healthy water rights for the reservation and off-res- forest initiatives, and other applicable law to (iii) claims for injury to water rights aris- ervation trust land arising from time imme- ing after the enforceability date for the res- supply raw materials for future manufacture morial through the enforceability date; and use. ervation and off-reservation trust land re- (ii) past, present, and future claims for in- sulting from the off-reservation diversion or (b) REPORT.—Not later than 2 years after jury to water rights arising from time imme- the date of enactment of this Act, the Sec- use of water in a manner not in violation of morial and, thereafter, forever, that are retary, with concurrence of the tribal coun- the Agreement or applicable law; based upon aboriginal occupancy of land by cil of the Tribe, shall submit to Congress a (C) past, present, and future claims arising the Tribe and its members, or their prede- report describing the results of the feasi- out of or relating in any manner to the nego- cessors; and bility study under subsection (a), including tiation, execution, or adoption of the Agree- recommendations of the Secretary, if any, (iii) claims for injury to water rights aris- ment, an applicable settlement judgment or for the improvements described in that sub- ing after the enforceability date for the res- decree, or this Act; section. ervation and off-reservation trust land re- (D) past and present claims relating in any (c) IMPLEMENTATION.—Subject to the avail- sulting from off-reservation diversion or use manner to pending litigation of claims relat- ability of appropriations, the Secretary shall of water in a manner not in violation of the ing to the Tribe’s water rights for the res- plan, design, and construct the improve- Agreement or State law; and ervation and off-reservation trust land; ments recommended under subsection (b). (C) past, present, and future claims arising (E) past and present claims relating to the SEC. 10. RECREATION IMPOUNDMENTS AND RE- out of or relating in any manner to the nego- operation, maintenance, and replacement of LATED FACILITIES. tiation or execution of the Agreement or the existing irrigation systems on the reserva- Subject to the availability of appropria- negotiation or enactment of this Act. tion constructed prior to the enforceability tions, on receipt of a request by the Tribe (2) CLAIMS AGAINST TRIBE.—Except as pro- date that first accrued at any time prior to and pursuant to the provisions (including vided in subparagraph 12.8 of the Agreement, the enforceability date, which waiver shall regulations) of the Indian Self-Determina- the United States, in all its capacities (ex- only become effective upon the full appro- tion and Education Assistance Act (25 U.S.C. cept as trustee for an Indian tribe other than priation and payment of such funds author- 450 et seq.), the Secretary shall— the Tribe), as part of the performance of its ized by section 16(c)(4) to the Tribe; (1) conduct a feasibility study of recreation obligations under the Agreement, is author- (F) future claims relating to operation, impoundments throughout the reservation; ized to execute a waiver and release of any maintenance, and replacement of the WMAT (2) develop recommendations for the imple- and all claims against the Tribe, its mem- rural water system, which waiver shall only mentation, by not later than 1 year after the bers, or any agency, official, or employee of become effective upon the full appropriation date of enactment of this Act, of feasible the Tribe, under Federal, State, or any other of funds authorized by section 16(b) and their recreation impoundments; and law for all— deposit into the Rural Water System OM&R (3) plan, design, and construct any rec- (A) past and present claims for injury to Fund; and ommended recreation impoundments and re- water rights resulting from the diversion or (G) past, present, and future breach of lated recreation facilities. use of water on the reservation and on off- trust and negligence claims for damage to

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the natural resources of the Tribe caused by (1) IN GENERAL.—Subject to paragraph (2), a tribal management plan under the Amer- riparian and other vegetative manipulation, up to $100,000,000 of amounts in the Lower ican Indian Trust Fund Management Reform including over-cutting of forest resources by Colorado River Basin Development Fund Act of 1994 (25 U.S.C. 4001 et seq.). the United States for the purpose of increas- made available under section 403(f)(2)(D)(vi) (B) REQUIREMENTS.—In addition to the re- ing water runoff from the reservation. of the Colorado River Basin Project Act (43 quirements under that Act (25 U.S.C. 4001 et (4) NO WAIVER OF CLAIMS.—Nothing in this U.S.C. 1543(f)(2)(D)(vi)) may be used, without seq.), the tribal management plan shall re- subsection waives any claim of the Tribe further appropriation, for the planning, engi- quire that the Tribe shall— against the United States for future takings neering, design, and construction of the (i) use amounts in the Rural Water System by the United States of reservation land or WMAT rural water system. Construction Fund only for the planning, de- off-reservation trust land or property rights (2) REQUIREMENT.—If a loan is made to the sign, and construction of the rural water sys- appurtenant to those lands, including any Tribe pursuant to the White Mountain tem, including such sums as are necessary— water rights set forth in paragraph 4.0 of the Apache Tribe Rural Water System Loan Au- (I) for the Bureau to carry out oversight of Agreement. thorization Act (Public Law 110–390; 122 Stat. the planning, design, and construction of the (b) EFFECTIVENESS OF WAIVER AND RE- 4191), the Tribe shall use such amounts made rural water system; and LEASES.—Except where otherwise specifically available under paragraph (1) as are nec- (II) to carry out all required environmental provided in subparagraphs (E) and (F) of sub- essary to repay that loan. compliance activities associated with the section (a)(3), the waivers and releases under (b) OFFSET.—To the extent necessary, the planning, design, and construction of the subsection (a) shall become effective on the Secretary shall offset amounts expended pur- rural water system; and enforceability date. suant to subsection (a) using such additional (ii) use amounts in the Rural Water Sys- (c) ENFORCEABILITY DATE.— amounts as may be made available to the tem OM&R Fund only for the operation, (1) IN GENERAL.—This section takes effect Secretary for the applicable fiscal year. maintenance, and replacement costs associ- on the date on which the Secretary publishes SEC. 14. TRUST FUNDS. ated with the delivery of water through the in the Federal Register a statement of find- (a) ESTABLISHMENT.—There is established rural water system. ings that— in the Treasury of the United States— (2) ENFORCEMENT.—The Secretary may pur- (A) to the extent the Agreement conflicts (1) a fund to be known as the ‘‘Rural Water sue such judicial remedies and carry out with this Act, the Agreement has been re- System Construction Fund’’, consisting of— such administrative actions as are necessary vised through an amendment to eliminate (A) the funds made available under section to enforce the tribal management plan to en- the conflict and the Agreement, so revised, 13; sure that amounts in the Rural Water Sys- has been executed by the Secretary, the (B) the amounts appropriated to the fund tem Construction Fund and the Rural Water Tribe and the Governor of the State; pursuant to subsections (a) and (i) of section System OM&R Fund are used in accordance (B) the Secretary has fulfilled the require- 16, as applicable; and with this section. ments of sections 5 and 6; (C) the funds provided in subparagraph 13.3 (3) LIABILITY.—On withdrawal by the Tribe (C)(i) the funds authorized in sections 13 of the Agreement; and of amounts in the Rural Water System Con- and 16(a), have been appropriated and depos- (2) a fund to be known as the ‘‘Rural Water struction Fund or the Rural Water System ited in the Rural Water System Construction System OM&R Fund’’, consisting of amounts OM&R Fund, the Secretary and the Sec- Fund; and appropriated to the fund pursuant to section retary of the Treasury shall not retain liabil- (ii) if applicable, the funds described in sec- 16(b). ity for the expenditure or investment of tion 16(i) have been deposited in the Rural (b) MANAGEMENT.—The Secretary shall those amounts. Water System Construction Fund; manage the Rural Water System Construc- (4) EXPENDITURE PLAN.— (D) the State funds described in subpara- tion Fund and the Rural Water System (A) IN GENERAL.—The Tribe shall submit to graph 13.3 of the Agreement have been depos- OM&R Fund, including by— the Secretary for approval an expenditure ited in the Rural Water System Construction (1) making investments from the funds; plan for any portion of the amounts in the Fund; and funds under this section that the Tribe does (E) the Secretary has issued a record of de- (2) distributing amounts from the funds to not withdraw pursuant to this subsection. cision approving the construction of the the Tribe, in accordance with the American (B) DESCRIPTION.—The expenditure plan WMAT rural water system in a configuration Indian Trust Fund Management Reform Act shall describe the manner in which, and the substantially similar to that described in of 1994 (25 U.S.C. 4001 et seq.). purposes for which, the amounts remaining section 7; and (c) INVESTMENT OF FUNDS.—The Secretary in the funds will be used. (F) the judgments and decrees substan- shall invest amounts in the funds in accord- (C) APPROVAL.—The Secretary shall ap- tially in the form of those attached to the ance with— prove an expenditure plan under this para- Agreement as exhibits 12.9.6.1 and 12.9.6.2 (1) the Act of April 1, 1880 (25 U.S.C. 161); graph if the Secretary determines that the have been approved by the respective trial (2) the first section of the Act of June 24, plan is— courts. 1938 (25 U.S.C. 162a); (i) reasonable; and (2) FAILURE OF ENFORCEABILITY DATE TO (3) subsection (b); (ii) consistent with this Act. OCCUR.—If, because of the failure of the en- (4) the obligations of Federal corporations (5) ANNUAL REPORTS.—The Tribe shall sub- forceability date to occur by October 31, 2013, and Federal Government-sponsored entities mit to the Secretary an annual report that this section does not become effective, the the charter documents of which provide that describes each expenditure from the Rural Tribe and its members, and the United the obligations of the entities are lawful in- Water System Construction Fund and the States, acting in the capacity of trustee for vestments for federally managed funds, in- Rural Water System OM&R Fund during the the Tribe and its members, shall retain the cluding— year covered by the report. right to assert past, present, and future (A) the obligations of the United States (e) PROHIBITION ON PER CAPITA DISTRIBU- water rights claims and claims for injury to Postal Service described in section 2005 of TIONS.—No amount of the principal, or the water rights for the reservation and off-res- title 39, United States Code; interest or income accruing on the principal, ervation trust land. (B) bonds and other obligations of the Ten- of the Rural Water System Construction (3) NO RIGHTS TO WATER.—Upon the occur- nessee Valley Authority described in section Fund or the Rural Water System OM&R rence of the enforceability date, all land held 15d of the Tennessee Valley Authority Act of Fund shall be distributed to any member of by the United States in trust for the Tribe 1933 (16 U.S.C. 831n–4); the Tribe on a per capita basis. and its members shall have no rights to (C) mortgages, obligations, and other secu- water other than those specifically quan- rities of the Federal Home Loan Mortgage (f) FUNDS NOT AVAILABLE UNTIL ENFORCE- tified for the Tribe and the United States, Corporation described in section 303 of the ABILITY DATE.—Amounts in the Rural Water acting in the capacity of trustee for the Federal Home Loan Mortgage Corporation System Construction Fund and the Rural Tribe and its members for the reservation Act (12 U.S.C. 1452); and Water System OM&R Fund shall not be and off-reservation trust land pursuant to (D) bonds, notes, and debentures of the available for expenditure or withdrawal by paragraph 4.0 of the Agreement. Commodity Credit Corporation described in the Tribe until the enforceability date. (d) UNITED STATES ENFORCEMENT AUTHOR- section 4 of the Act of March 8, 1938 (15 SEC. 15. MISCELLANEOUS PROVISIONS. ITY.—Nothing in this Act or the Agreement U.S.C. 713a–4); and affects any right of the United States to (5) the obligations referred to in section 201 (a) LIMITED WAIVER OF SOVEREIGN IMMU- take any action, including environmental of the Social Security Act (42 U.S.C. 401). NITY.— actions, under any laws (including regula- (d) EXPENDITURES AND WITHDRAWALS.— (1) IN GENERAL.—In the case of a civil ac- tions and the common law) relating to (1) TRIBAL MANAGEMENT PLANS.— tion described in paragraph (2)— human health, safety, or the environment. (A) IN GENERAL.—The Tribe may withdraw (A) the United States or the Tribe, or both, SEC. 13. USE OF LOWER COLORADO RIVER BASIN any portion of the Rural Water System Con- may be joined in the civil action; and DEVELOPMENT FUND. struction Fund or the Rural Water System (B) any claim by the United States or the (a) USE OF AMOUNTS.— OM&R Fund on approval by the Secretary of Tribe to sovereign immunity from the civil

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action is waived for the sole purpose of re- (1) REQUIREMENT OF ACT OF CONGRESS.— the operation, maintenance, and replace- solving any issue regarding the interpreta- (A) LEGAL TITLE.—After the enforceability ment costs of the rural water system. tion or enforcement of this Act or the Agree- date, if the Tribe seeks to have legal title to (c) REHABILITATION OF RECREATION FACILI- ment. additional land in the State of Arizona lo- TIES, NATIONAL FISH HATCHERIES, AND EXIST- (2) DESCRIPTION OF CIVIL ACTION.—A civil cated outside the exterior boundaries of the ING IRRIGATION SYSTEMS.—There are author- action referred to in paragraph (1) is a civil reservation taken into trust by the United ized to be appropriated, for use in accordance action filed— States for its benefit, the Tribe may do so with section 8— (A) by any party to the Agreement or sig- only pursuant to an Act of Congress specifi- (1) $23,675,000 to complete the Hawley natory to an exhibit to the Agreement in a cally authorizing the transfer for the benefit Lake, Horseshoe Lake, Reservation Lake, United States or State court that— of the Tribe. Sunrise Lake, and Big and Little Bear Lake (i) relates solely and directly to the inter- (B) EXCEPTIONS.—Subparagraph (A) shall reconstruction projects and facilities im- pretation or enforcement of this Act or the not apply to— provements; Agreement; and (i) restoration of land to the reservation (2) $7,472,000 to the United States Fish and (ii) names as a party the United States or subsequently and finally determined to be Wildlife Service for the rehabilitation and the Tribe; or part of the reservation through resolution of improvement of the Alchesay-Williams (B) by a landowner or water user in the any dispute between the Tribe and the Creek National Fish Hatchery Complex; Gila River basin or Little Colorado River United States over the location of the res- (3) $5,000,000 to the Bureau of Indian Affairs basin in the State that— ervation boundary unless required by Fed- for the planning, design, and construction of (i) relates solely and directly to the inter- eral law; or the WMAT Fishery Center; and pretation or enforcement of paragraph 12.0 of (ii) off-reservation trust land acquired (4) for the rehabilitation of existing irriga- the Agreement; and prior to January 1, 2008. tion systems— (ii) names as a party the United States or (2) WATER RIGHTS.— (A) $950,000 for the Canyon Day irrigation the Tribe. (A) IN GENERAL.—Under this section, after- system; and (b) EFFECT OF ACT.—Nothing in this Act acquired trust land outside the reservation (B) $4,000,000 for the Historic irrigation quantifies or otherwise affects any water shall not include federally reserved rights to system. right or claim or entitlement to water of any surface water or groundwater. (d) FEASIBILITY STUDY OF NEEDED FOREST Indian tribe, band, or community other than (B) RESTORED LAND.—Land restored to the PRODUCTS IMPROVEMENTS.—There are author- the Tribe. reservation as the result of resolution of any ized to be appropriated— (c) LIMITATION ON LIABILITY OF UNITED reservation boundary dispute between the (1) to the Bureau of Indian Affairs $1,000,000 STATES.— Tribe and the United States, or any fee sim- to conduct a feasibility study of the rehabili- ple land within the reservation that are (1) IN GENERAL.—The United States shall tation and improvement of forest products have no trust or other obligation— placed into trust, shall have water rights manufacturing and forest management on (A) to monitor, administer, or account for, pursuant to section 11(b). the reservation in accordance with section 9; in any manner, any amount paid to the Tribe (3) ACCEPTANCE OF LAND IN TRUST STATUS.— and by any party to the Agreement other than (A) IN GENERAL.—If the Tribe acquires (2) $24,000,000 to implement the rec- legal fee title to land that is located within the United States; or ommendations developed under the study. the exterior boundaries of the reservation, (B) to review or approve the expenditure of (e) SUNRISE SKI PARK SNOW-MAKING INFRA- the Secretary shall accept the land in trust those funds. STRUCTURE.—There is authorized to be appro- status for the benefit of the Tribe in accord- (2) INDEMNIFICATION.—The Tribe shall in- priated $25,000,000 for the planning, design, ance with applicable Federal law (including demnify the United States, and hold the and construction of snow-making infrastruc- regulations) for such real estate acquisi- United States harmless, with respect to any ture, repairs, and expansion at Sunrise Ski tions. claim (including claims for takings or breach Park in accordance with section 8. (B) RESERVATION STATUS.—Land taken or of trust) arising out of the receipt or expend- (f) RECREATION IMPOUNDMENTS AND RE- held in trust by the Secretary under para- iture of funds described in paragraph (1)(A). LATED FACILITIES.—There is authorized to be graph (3), or restored to the reservation as a (d) APPLICABILITY OF RECLAMATION REFORM appropriated $25,000,000 to carry out section result of resolution of a boundary dispute be- 10. ACT.—The Reclamation Reform Act of 1982 tween the Tribe and the United States, shall (g) ENVIRONMENTAL COMPLIANCE.—There (43 U.S.C. 390aa et seq.) and any other acre- be deemed to be part of the reservation. age limitation or full-cost pricing provision are authorized to be appropriated to the Sec- SEC. 16. AUTHORIZATION OF APPROPRIATIONS. under Federal law shall not apply to any in- retary such sums as are necessary to carry (a) RURAL WATER SYSTEM.— dividual, entity, or land solely on the basis out all required environmental compliance (1) PLANNING, ENGINEERING, DESIGN, AND of— activities associated with the Agreement and CONSTRUCTION.— (1) receipt of any benefit under this Act; this Act. (A) IN GENERAL.—There is authorized to be (h) COST INDEXING.—The amounts author- (2) the execution of this Act; or appropriated for the planning, engineering, (3) the use, storage, delivery, lease, or ex- ized to be appropriated under this section design, and construction of the WMAT rural shall be adjusted as appropriate, based on or- change of CAP water. water system $126,193,000, as adjusted in ac- dinary fluctuations in engineering cost indi- (e) TREATMENT OF TRIBAL WATER RIGHTS.— cordance with subparagraph (B), less— ces applicable for the relevant types of con- The tribal water rights— (i) the amount of funding applied toward struction, if any, during the period beginning (1) shall be held in trust by the United the planning, engineering, design, and con- on October 1, 2007, and ending on the date on States in perpetuity; and struction of the WMAT rural water system which the amounts are made available. (2) shall not be subject to forfeiture or under section 13; and (i) EMERGENCY FUND FOR INDIAN SAFETY abandonment. (ii) the funds to be provided under subpara- AND HEALTH.—Effective beginning on Janu- (f) SECRETARIAL POWER SITES.—The por- graph 13.3 of the Agreement. ary 1, 2010, if the Secretary determines that, tions of the following named secretarial (B) ADJUSTMENTS AND INCLUSIONS.—The on an annual basis, the deadline described in power site reserves that are located on the amount authorized to be appropriated under section 12(c)(2) is not likely to be met be- reservation shall be transferred and restored subparagraph (A) shall— cause the funds authorized in sections 13 and into the name of the Tribe: (i) be adjusted as may be required due to (1) Lower Black River (T. 3 N., R. 26 E.; T. changes in construction costs of the rural 16(a) have not been appropriated and depos- 3 N., R. 27 E.). water system, as indicated by engineering ited in the Rural Water System Construction (2) Black River Pumps (T. 2 N., R. 25 E.; T. cost indices applicable to the types of plan- Fund, not more than $100,000,000 of the 2 N., R. 26 E.; T. 3 N., R. 26 E.). ning, engineering, design, and construction amounts in the Emergency Fund for Indian (3) Carrizo (T. 4 N., R. 20 E.; T. 4 N., R. 21 occurring after October 1, 2007; and Safety and Health established by section E.; T. 41⁄2 N., R. 19 E.; T. 41⁄2 N., R. 20 E.; T. (ii) include such sums as are necessary for 601(a) of the Tom Lantos and Henry J. Hyde 41⁄2 N., R. 21 E.; T. 5 N., R. 19 E.). the Bureau to carry out oversight of activi- United States Global Leadership Against (4) Knob (T. 5 N., R. 18 E.; T. 5 N., R. 19 E.). ties for planning, design, and construction of HIV/AIDS, Tuberculosis, and Malaria Reau- (5) Walnut Canyon (T. 5 N., R. 17 E.; T. 5 N., the rural water system. thorization Act of 2008 (22 U.S.C. 7601 et seq.) R. 18 E.). (2) ENVIRONMENTAL COMPLIANCE.—There are shall be transferred to the Rural Water Sys- (6) Gleason Flat (T. 41⁄2 N., R. 16 E.; T. 5 N., authorized to be appropriated to the Sec- tem Construction Fund, as necessary to com- R. 16 E.). retary such sums as are necessary to carry plete the WMAT rural water system project. (g) NO EFFECT ON FUTURE ALLOCATIONS.— out all required Federal environmental com- SEC. 17. ANTIDEFICIENCY. Water received under a lease or exchange of pliance activities associated with the plan- The United States shall not be liable for tribal CAP water under this Act shall not af- ning, engineering, design, and construction failure to carry out any obligation or activ- fect any future allocation or reallocation of of the rural water system. ity authorized to be carried out, subject to CAP water by the Secretary. (b) RURAL WATER SYSTEM OM&R.—There is appropriations, under this Act (including (h) AFTER-ACQUIRED TRUST LANDS.— authorized to be appropriated $50,000,000 for any such obligation or activity under the

VerDate Mar 15 2010 10:38 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR09\S26JA9.001 S26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 1478 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 26, 2009 Agreement) if adequate appropriations for CENTRAL ARIZONA PROJECT, He has informed me of the special need that purpose are not provided by Congress. Phoenix, AZ, September 4, 2008. to increase outreach to veterans in SEC. 18. REPEAL ON FAILURE OF ENFORCE- Hon. JON KYL, rural areas. I have modified my out- ABILITY DATE. U.S. Senate, reach bill to reflect this important If the Secretary fails to publish in the Fed- Washington, DC. need. eral Register a statement of findings as re- DEAR SENATOR KYL: I am writing as coun- sel for the Central Arizona Water Conserva- I was extremely troubled by revela- quired under section 12(c) by not later than tion District regarding legislation to author- tions of gaps in care as servicemembers October 31, 2013— ize a settlement of the water rights claims of transition to the VA that emerged as a (1) effective beginning on November 1, the White Mountain Apache Tribe. As you result of investigations of the Walter 2013— know, my staff and I have been personally (A) this Act is repealed; and Reed Army Medical Center. I appre- involved in the negotiations to settle the (B) any action carried out by the Sec- ciate the Department of Defense and water rights claims of the Tribe. My staff retary, and any contract entered into, pursu- Department of Veterans Affairs’ at- and I have had the opportunity to review the ant to this Act shall be void; tempts to remedy these gaps, but more most recent drafts of the authorizing legisla- (2) any amounts appropriated under sec- tion and the settlement agreement and we work remains to be done. It can be ex- tions 13 and subsections (a) and (b) of section intend to recommend approval of the settle- tremely difficult for veterans to navi- 16, together with any interest accrued on ment to our governing Board. In our judg- gate the VA’s health care and benefits those amounts, shall immediately revert to ment, the proposed settlement is consistent systems. This bill will increase con- the general fund of the Treasury; and with the Arizona Water Settlements Act and gressional oversight of the VA’s out- (3) any amounts paid by the State in ac- represents an important step forward in Ari- reach activities and authorize the Sec- cordance with the Agreement, together with zona’s efforts to resolve outstanding Indian any interest accrued on those amounts, shall retary of Veterans Affairs to work with water rights claims. We look forward to con- State, local and community-based or- immediately be returned to the State. tinuing to work with you and the other SEC. 19. COMPLIANCE WITH ENVIRONMENTAL members of the Arizona congressional dele- ganizations to perform outreach. LAWS. gation in bringing this important settlement Several years ago, the Wisconsin De- In carrying out this Act, the Secretary to fruition. partment of Veterans Affairs, WDVA, shall promptly comply with all applicable re- Sincerely, launched a statewide program called ‘‘I quirements of— DOUGLAS K. MILLER, Owe You.’’ The program encourages (1) the National Environmental Policy Act General Counsel, CAWCD. veterans to apply, or to re-apply, for of 1969 (42 U.S.C. 4321 et seq.); benefits that they earned from their (2) the Endangered Species Act of 1973 (16 By Mr. FEINGOLD (for himself service in the U.S. military. U.S.C. 1531 et seq.); and Mr. SANDERS): As part of this program, WDVA has (3) all other applicable Federal environ- S. 315. A bill to amend title 38, sponsored several events around Wis- mental laws; and United States Code, to improve the consin called ‘‘Supermarkets of Vet- (4) all regulations promulgated under the outreach activities of the Department laws described in paragraphs (1) through (3). erans Benefits’’ at which veterans can of Veterans Affairs, and for other pur- begin the process of learning whether poses; to the Committee on Veterans’ AUGUST 29, 2008. they qualify for Federal benefits from Affairs. the Department of Veterans Affairs, Senator JON KYL, Mr. FEINGOLD. Mr. President, Sen- Phoenix, AZ. VA. These events, which are based on a ator SANDERS and I are introducing the DEAR SENATOR KYL: We the undersigned similar program in Georgia, supple- representatives of parties to the White Veterans Outreach Improvement Act ment the work of Wisconsin’s County Mountain Apache Tribe Quantification which will help to ensure that all of Veterans Service Officers and veterans Agreement have reviewed the attached our veterans know about Federal bene- service organizations by helping our Quantification Agreement, Exhibits, and ac- fits to which they may be entitled by veterans to reconnect with the VA and companying draft legislation (‘‘Settlement improving outreach programs. I intro- Documents’’). Based upon our participation to learn more about services and bene- duced similar legislation in the 108, 109, fits for which they may be eligible. in the negotiations and/or our review of the and 110 Congresses. I am also pleased to attached Settlement Documents, we, at this More than 11,000 veterans and their time, intend to express our support for the note that there is a companion bill in families have attended the super- Settlement Documents and plan to submit the House, H.R. 32, sponsored by Rep- markets, which include information them for our governing bodies’ review and resentative MCINTYRE. Last year, the booths with representatives from action. As of the date of this letter, we are House Veterans’ Affairs Subcommittee WDVA, VA, and veterans service orga- not aware of any reason why our governing on Disability Assistance and Memorial nizations, as well as a variety of Fed- bodies would not support the Settlement Affairs approved the bill by a voice eral, State, and local agencies. I was Documents. The governing bodies, however, vote. proud to have members of my staff must conduct a final review of the Settle- I would like to thank the junior Sen- ment Documents and make a decision. speak with veterans and their families ator from Hawaii for working with me at a number of these events. These The Settlement Documents may be revised to improve outreach to veterans. This as agreed upon by the parties. We understand events have helped veterans and their that authorizations for appropriations in- year, he has introduced an omnibus families to learn about numerous top- cluded within the draft legislation are still veterans health care bill, S. 252, which ics, including health care, how to file a subject to agreement between you and the includes a provision creating a grant disability claim, and preregistration White Mountain Apache Tribe. program for organizations that, among for internment in veterans cemeteries. Robert Brauchli, White Mountain Apache other things, perform outreach to vet- The Institute for Government Inno- Tribe; John Weldon, Salt River erans. At my request, this grant pro- vation at Harvard University’s Ken- Project; Frederic Beeson, Salt River gram was extended to include State nedy School of Government recognized Project; Lauren Caster, Arizona Water and local agencies that conduct out- Company; David Brown, City of Show the ‘‘I Owe You’’ program by naming it Low; Michael J. Pearce, Buckeye Irri- reach to veterans, consistent with pro- a semi-finalist for the 2002 Innovations gation Company/Buckeye Water Con- visions of my outreach bill. I greatly in American Government Award. The servation and Drainage District; Wil- appreciate the Chairman’s willingness program was also featured in the liam Staudenmaier, Roosevelt Water to consider the key role these agencies March/April 2003 issue of Disabled Conservation District; Eric Kamienski, play in ensuring that veterans receive American Veterans Magazine. City of Tempe; Stephen Burg, City of the benefits they have more than In order to help to facilitate con- Peoria; Elizabeth Miller, City of earned. I would also like to thank Sen- sistent implementation of VA’s out- Scottsdale; Doug Toy, City of Chan- ator SANDERS for working with me to reach responsibilities around the coun- dler; Kathy Rall, Town Gilbert; Kath- ryn Sorensen, City of Mesa; Robin expand the scope of this grant pro- try, my bill would help to improve out- Stinnett, City of Avondale; Tom gram. reach activities performed by the VA Buschatzke, City of Phoenix; Stephen Based on Senator AKAKA’s rec- in three ways. First, it would create Rot, City of Glendale; Gregg Houtz, Ar- ommendations, I have made a few separate funding line items for out- izona Department of Water Resources. changes to my outreach bill this year. reach activities within the budgets of

VerDate Mar 15 2010 10:38 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR09\S26JA9.001 S26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 26, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 1479 the VA and its agencies, the Veterans However, these jobs and this industry itself the raise, and the traditional ve- Health Administration, the Veterans continue to face many challenges. Dur- hicle for the pay raise vote is the Benefits Administration, and the Na- ing this economic crisis, the forest Treasury or more recently the Finan- tional Cemetery Administration to en- products industry has suffered greater cial Services Appropriations bill. But sure oversight of the VA’s outreach ac- dislocation than many others, and as I have noted before, that vehicle is tivities. Secondly, the bill would create since 2006 has lost more than 181,000 not always made available to those an intra-agency structure to require jobs or roughly 14 percent of our work- who want a public debate and vote on the Office of the Secretary, the Office force. The wood products industry has the matter. Last year, for example, of Public Affairs, the VBA, the VHA, been particularly hard hit with 20 per- Congress enacted a consolidated appro- and the NCA to coordinate outreach cent drops in employment. In Arkansas priations bill in which all but three ap- activities. By working more closely to- the impact is even greater, with a pre- propriations bills were included. The gether, the VA components would be dicted 24 percent job loss in the wood traditional vehicle for the pay raise able to consolidate their efforts, share products industry. vote, the Financial Services Appropria- proven outreach mechanisms, and The TREE Act II helps address these tions bill, was included in the massive avoid duplication of effort that could challenges. Just as it is important to consolidated appropriations bill, along waste scarce funding. Finally, the bill have diversity in our forests, it is also with funding for eight other appropria- would give the VA grantmaking au- important to maintain diversity in our tions bills. Amendments to that con- thority to award funds to State, local forestry industry, and we must ensure solidated appropriations bill were ef- and community-based organizations to that all business forms have the nec- fectively shut off, thus, in particular, conduct outreach activities such as the essary tools so they can be successful preventing any amendment that would WDVA’s ‘‘I Owe You Program.’’ in the global marketplace. Timber have stopped the automatic pay raise I look forward to working with companies that are organized as cor- from going into effect three months Chairman AKAKA and the members of porations continue to be under inten- later in January of 2009. I voted against the Senate Veteran Affairs Committee sifying pressure to reorganize. In that the consolidated appropriations bill in to make the veteran outreach grant case, a corporation that owns substan- part because it did not permit an up or program a success. As we continue to tial manufacturing facilities would be down vote on the Member pay raise. deploy members of the Armed Services forced to sell some of those facilities Sadly this is not an uncommon situa- overseas at a staggering pace, it is es- and to make other structural changes tion. As I have noted in the past, get- sential that we ensure a smooth transi- in order to comply with the relevant ting a vote on the annual congressional tion into the VA for all veterans in tax rules that it would newly become pay raise is a haphazard affair at best, need of care. It is the least we can do. subject to. This would likely cause dis- and it should not be that way. The bur- By Mrs. LINCOLN (for herself, ruptions in many of these communities den should not be on those who seek a public debate and recorded vote on the Mr. CRAPO, Mr. ALEXANDER, Mr. and would also make it harder for U.S. Member pay raise. On the contrary, PRYOR, Mr. CORNYN, Ms. CANT- companies to compete internationally. Congress should have to act if it de- WELL, Ms. LANDRIEU, Mrs. MUR- In Arkansas, like so many other cides to award itself a hike in pay. This RAY, and Mr. VITTER): States across our Nation, a strong for- S. 316. A bill to amend the Internal est product industry is essential to process of pay raises without account- Revenue Code of 1986 to make perma- having a strong economy. A permanent ability must end. nent the reduction in the rate of tax on solution to the TREE Act II is impera- This issue is not a new question. It qualified timber gain of corporations, tive for this industry and supporting was something that our Founders con- and for other purposes; to the Com- the jobs it provides. I look forward to sidered from the beginning of our Na- mittee on Finance. working with my colleagues on the tion. In August of 1789, as part of the Mrs. LINCOLN. Mr. President, I am Senate Finance Committee to ensure package of 12 amendments advocated very pleased to rise today to introduce this important tax policy is made per- by James Madison that included what the Timber Revitalization and Eco- manent. has become our Bill of Rights, the nomic Enhancement Act II of 2009 with House of Representatives passed an my good friend, Senator CRAPO of By Mr. FEINGOLD. amendment to the Constitution pro- Idaho. I also want to say a special S. 317. A bill to repeal the provision viding that Congress could not raise its thanks to our cosponsors, Senators AL- of law that provides automatic pay ad- pay without an intervening election. EXANDER, PRYOR, CORNYN, CANTWELL, justments for Members of Congress; to On September 9, 1789, the Senate LANDRIEU, MURRAY, and VITTER. the Committee on Homeland Security passed that amendment. In late Sep- This legislation has commonly been and Governmental Affairs. tember of 1789, Congress submitted the referred to as the TREE Act. I appre- Mr. FEINGOLD. Mr. President, I am amendments to the States. ciate that Congress understood the im- pleased to reintroduce legislation that Although the amendment on pay portance of the TREE Act with its in- would put an end to automatic pay raises languished for 2 centuries, in the clusion and enactment in the Farm Bill raises for Members of Congress. 1980s, a campaign began to ratify it. last year. But, unfortunately, this tax As I have noted when I raised this While I was a member of the Wisconsin policy is already set to expire in May. issue in past years, because Congress State Senate, I was proud to help rat- So today, my colleagues and I intro- has the authority to raise its own pay, ify the amendment. Its approval by the duce the TREE Act II to make this im- something that most of our constitu- Michigan legislature on May 7, 1992, portant forest policy permanent. ents cannot do, it ought to exercise gave it the needed approval by 3⁄4 of the In my home State of Arkansas, the that authority openly, and subject to States. forest products industry is a founda- regular procedures including debate, The 27th Amendment to the Con- tion of our economy and culture. More amendment, and a vote on the record. stitution now states: ‘‘No law, varying than 50 percent of Arkansas land is for- Regrettably, current law allows Con- the compensation for the services of ested. Much of this is sustainably man- gress to avoid that open debate and the senators and representatives, shall aged to create products we use every public vote. All that is necessary for take effect, until an election of rep- day. In addition, there are jobs associ- Congress to get a pay raise is that resentatives shall have intervened.’’ ated with the growing of these forests nothing be done to stop it. The annual I honor that limitation. Throughout and manufacture of these great prod- pay raise takes effect unless Congress my 6-year term, I accept only the rate ucts. More than 32,000 Arkansas men acts to prevent it. of pay that Senators receive on the and women work in our woods, at our This stealth system of pay raises date on which I was sworn in as a Sen- sawmills and in our paper mills. These began with a change Congress enacted ator. And I return to the Treasury any are good jobs located in our small rural in the Ethics Reform Act of 1989. On additional income Senators get, wheth- towns. occasion, Congress has voted to deny er from a cost-of-living adjustment or

VerDate Mar 15 2010 10:38 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR09\S26JA9.001 S26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 1480 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 26, 2009 a pay raise we vote for ourselves. I In Iowa, as in many rural areas many rural hospitals to receive only a don’t take a raise until my bosses, the across the country, hospitals are often limited amount of Medicare Dispropor- people of Wisconsin, give me one at the not only the sole provider of health tionate Share Hospital, or DSH, pay- ballot box. That is the spirit of the 27th care in rural areas, but also employers ments while many urban hospitals are Amendment. At the very least, the and purchasers in the community. not subject to such a cap. This bill stealth pay raises like the one that Moreover, the presence of a hospital is would eliminate the cap for DSH pay- Congress allowed for 2009 certainly vio- essential for purposes of economic de- ments for those rural hospitals for a late the spirit of that amendment. velopment because businesses check to two-year period. This practice must end and this bill see if a hospital is in the community in There are also other provisions that will end it. Senators and Congressmen which they might set up shop. As you would continue to help rural hospitals. should have to vote up-or-down to raise can see, it is vital that these institu- The rural flexibility program would be their pay, and my bill would require tions are able to keep their doors open. extended for an additional year. This just that. We owe our constituents In previous legislation, Congress has essential program provides valuable re- nothing less. been able to improve the financial via- sources for rural hospitals. Mr. President, I ask unanimous con- bility of rural hospitals. For instance, This legislation also seeks to im- sent that the text of the bill be printed the creation and subsequent improve- prove incentives for physicians located in the RECORD. ments to the Critical Access Hospital in rural areas and increase bene- There being no objection, the text of designation have greatly improved the ficiaries’ access to rural health care the bill was ordered to be printed in financial health of certain small rural providers. It includes provisions de- the Record, as follows: hospitals and ensured that community signed to reduce inequitable disparities S. 317 residents have access to health care. in physician payment resulting from Be it enacted by the Senate and House of Rep- However, there are still a group of the Geographic Practice Cost Indices, resentatives of the United States of America in rural hospitals that need help. I am re- or adjusters, known as GPCIs. Medi- Congress assembled, ferring to what are known as care payment for physician services SECTION 1. ELIMINATION OF AUTOMATIC PAY ‘‘tweener’’ hospitals, which are too varies from one area to another based ADJUSTMENTS FOR MEMBERS OF large to be Critical Access Hospitals, CONGRESS. on the geographic adjustments for a but too small to be financially viable particular area. Geographic adjust- (a) IN GENERAL.—Paragraph (2) of section under the Medicare hospital prospec- 601(a) of the Legislative Reorganization Act ments are intended to reflect cost dif- of 1946 (2 U.S.C. 31) is repealed. tive payment systems. These facilities ferences in a given area compared to a (b) TECHNICAL AND CONFORMING AMEND- are struggling to stay afloat despite national average of 1.0 so that an area MENTS.—Section 601(a)(1) of such Act is their tireless efforts. Like in many with costs above the national average amended— communities in across the country, the would have an index greater than 1.0, (1) by striking ‘‘(a)(1)’’ and inserting ‘‘(a)’’; staff of tweener hospitals and their and an area below the national average (2) by redesignating subparagraphs (A), (B), community residents take great pride and (C) as paragraphs (1), (2), and (3), respec- would have an index less than 1.0. in the quality of care at these facili- There are currently three geographic tively; and ties. I have heard countless stories of (3) by striking ‘‘as adjusted by paragraph adjustments: for physician work, prac- (2) of this subsection’’ and inserting ‘‘ad- the exemplary work tweener hospitals tice expense, and malpractice expense. in Iowa perform not only as providers justed as provided by law’’. Unfortunately, the existing geo- of essential health care, but also as re- (c) EFFECTIVE DATE.—This section shall graphic adjusters result in significant take effect on February 1, 2011. sponsible members of their commu- disparities in physician reimbursement nities. It is for this reason that many which penalize, rather than equalize, By Mr. GRASSLEY: provisions in this bill are intended to physician payment in Iowa and other S. 318. A bill to amend title XVIII of improve the financial health of rural States. These geographic dispari- the Social Security Act to improve ac- tweener hospitals and ensure that peo- ties in payment lead to rural states ex- cess to health care under the Medicare ple have access to health care. program for beneficiaries residing in Most tweener hospitals are currently periencing significant difficulties in re- rural areas; to the Committee on Fi- designated as Medicare Dependent Hos- cruiting and retaining physicians and nance. pitals and Sole Community Hospitals other health care professionals due to Mr. GRASSLEY. Mr. President, I am under the Medicare program. There are their significantly lower reimburse- pleased to introduce the Medicare provisions, both temporary and perma- ment rates. Rural Health Access Improvement Act nent, included in this bill that would These disparities have perverse ef- of 2009. improve Medicare payments for both fects when it comes to realigning Medi- The purpose of this legislation is to types of hospitals. This includes im- care payment to reward quality of continue ongoing efforts to ensure that provements to the payment methodolo- care. Let me put that into context. Americans in rural areas have access gies so that inpatient payments to Iowa is widely recognized as providing to health care services. Much has been Medicare Dependent Hospitals would some of the highest quality health care done in the past to improve access to better reflect the costs they incur in in the country yet Iowa physicians re- rural providers such as hospitals and providing care. Improvements are also ceive some of the lowest Medicare re- doctors. Much more still needs to be proposed in this bill to Medicare hos- imbursement due to these inequitable done. And it is even more important in pital outpatient payments for both geographic adjustments. Medicare re- light of the economic challenges we Medicare Dependent Hospitals and Sole imbursement for some procedures is at face. Community Hospitals so they would least 30 percent lower in Iowa than I hold town meetings in each of the both share the benefit of hold harmless payment for those very procedures in 99 counties in the great state of Iowa payments and add-on payments. other parts of the country. That is a every year. As many know, Iowa is Also, a major driver of the financial significant disincentive for Iowa physi- largely a rural state, and a significant difficulties that tweener hospitals face cians who are providing some of the concern that I consistently hear during is the fact that many have relatively best quality care in the country, and it these meetings is the difficulty my low volumes of inpatient admissions. is fundamentally unfair. Congress constituents experience in accessing This bill would improve the existing needs to reduce these disparities in health care services. As the former low-volume add-on payment for hos- payment and focus on rewarding physi- Chairman and currently the Ranking pitals so that more rural facilities with cians who provide high quality care. Member of the Finance Committee, it low volumes would receive the assist- The inequitable geographic payment has therefore been a priority for me to ance they desperately need. formulas have also exacerbated the improve the availability of health care Over the years, many have com- problems that rural areas face in terms in rural areas. mented that it is simply unfair for of access to health care. Rural America

VerDate Mar 15 2010 10:38 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR09\S26JA9.001 S26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 26, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 1481 today has far fewer physicians per cap- promote positive health behaviors in The positive benefits of the commu- ita than urban areas. The GPCI for- women and children; to the Committee nity health worker model also have mulas are a dismal failure in pro- on Health, Education, Labor, and Pen- been documented in research studies. moting an adequate supply of physi- sions. Research has shown that community cians in states like Iowa, and more se- Mr. BINGAMAN. Mr. President, the health workers have been effective in vere physician shortages in rural areas legislation I am introducing today, en- increasing the utilization of health pre- are predicted in the future. titled the Community Health Workers ventive services such as cancer The legislation I am introducing Act of 2009, will help improve access to screenings and medical follow up for today makes changes in the GPCI for- health education and outreach services elevated blood pressure and improving mulas for work and practice expense to to women and children in medically enrollment in publicly funded health reverse this trend. It recognizes the underserved areas, including the U.S. insurance programs. In the case of un- equality of physician work in all geo- border region along New Mexico. insured children, a study by Dr. Glenn graphic areas and establishes a na- Lack of access to adequate health Flores, ‘‘Community-Based Case Man- tional value of 1.0 for the physician care and health education is a signifi- agement in Insuring Uninsured Latino work adjustment. It establishes a prac- cant problem on the southern New Children,’’ published in the December tice expense floor of 1.0 floor and re- Mexico border. While the problem of 2005 issue of Pediatrics found that un- vises the calculation of the practice ex- access is in part due to a lack of insur- insured children who received commu- pense formula to reduce payment dif- ance, it is also attributable to non-fi- nity-based case management were ferences and more accurately com- nancial barriers such as a shortage of eight times more likely to obtain pensate physicians in rural areas for physicians, hospitals, and other health health insurance coverage than other their true practice costs. These professionals; inadequate transpor- children involved in the study because changes are needed to help rural states tation; a lack of bilingual health infor- case workers were employed to address recruit and retain more physicians so mation and health providers; and a cul- typical barriers to access, including in- that beneficiaries will continue to have turally insensitive system of care. sufficient knowledge about application access to needed health care. This legislation would help overcome processes and eligibility criteria, lan- Last year Congress enacted a number these impediments by providing $15 guage barriers and family mobility of other provisions to improve Medi- million in grants annually for a 3 year issues, among others. This study con- care payment for health care profes- period to State, local, and tribal orga- firms that community health workers sionals and providers in rural areas nizations, including community health could be highly effective in reducing that will expire at the end of 2009. This centers and public health departments, the numbers of uninsured children, es- bill extends the existing payment ar- for the purpose of hiring community pecially those who are at greatest risk rangements which allow independent health workers to provide health edu- for being uninsured. Preliminary inves- laboratories to bill Medicare directly cation, outreach, and referrals to tigation of a community health work- for certain physician pathology serv- women and families who otherwise ers project in New Mexico similarly ices through 2010. It extends and im- would have little or no contact with suggests that community health work- proves the rural ambulance payments health care services. ers could be useful in improving enroll- enacted in the Medicare Improvements Factors such as poverty, language, ment in Medicaid and the State Chil- for Providers and Patients Act of 2008 and cultural differences impede access dren’s Health Insurance Program. by increasing payments from three to to health care in medically under- According to a 2003 Institute of Medi- five percent and extending them an ad- served populations; hence, community cine, IOM, report entitled, ‘‘Unequal ditional year, through 2010. The bill health workers are in a unique position Treatment: Confronting Racial and also includes several new provisions to to improve health outcomes and qual- Ethnic Disparities in Healthcare,’’ improve beneficiary access to health ity of care for groups that have tradi- community health workers offer prom- care services. It permanently increases tionally lacked access to adequate ise as a community-based resource to the payment limits for rural health services. They often serve as ‘‘commu- increase racial and ethnic minorities’ clinics. It also allows physician assist- nity specialists’’ and are members of access to health care and to serve as a ants to order post-hospital extended the communities in which they work. liaison between healthcare providers care services and to serve hospice pa- As such they can effectively serve and the communities they serve. tients. hard-to-reach populations. In a shining example of how commu- Although the community health Finally, the bill would protect rural worker model is valued in the New areas from being adversely affected by nity health workers serve their com- munities, a group of so-called Mexico border region as well as other the new Medicare competitive bidding parts of the country that encounter program for durable medical equip- ‘‘Promotoras’’, community health workers, in Dona Ana County were challenges of meeting the health care ment. It would ensure that home med- needs of medically underserved popu- ical equipment suppliers who provide quickly mobilized during a recent flood emergency in rural New Mexico. These lations, these programs often have dif- equipment and services in rural areas ficulty securing adequate financial re- and small metropolitan statistical community health workers assisted in the disaster recovery efforts by sources to maintain and expand upon areas, MSAs, with a population of their services. As a result, many of 600,000 or less can continue to serve the partnering with the Federal Emer- gency Management Agency, FEMA, to these programs are significantly lim- Medicare program by exempting these ited in their ability to meet the ongo- areas from competitive bidding. We find, inform and register flood victims for Federal disaster assistance. Their ing and emerging health demands of must ensure that rural areas continue their communities. to have medical equipment suppliers personal networks and knowledge of available to serve beneficiaries in these the local culture, language, needs, as- The IOM report also noted that ‘‘pro- areas. sets, and barriers greatly enhanced grams to support the use of community As you can see, we still have much to FEMA’s community outreach efforts. health workers . . . especially among do when it comes to ensuring access to The Promotoras of Dona Ana County medically underserved and racial and health care in rural America. I look demonstrate the important role com- ethnic minority populations, should be forward to working with my colleagues munity health workers could play in expanded, evaluated, and replicated.’’ on this important matter. communities across the Nation, includ- I am introducing this legislation to ing increasing the effectiveness of new increase resources for a model that has By Mr. BINGAMAN (for himself initiatives in homeland security and shown significant promise for increas- and Mr. DURBIN): emergency preparedness, and in imple- ing access to quality health care and S. 319. A bill to amend the Public menting risk communication strate- health education for families in medi- Health Service Act to provide grants to gies. cally underserved communities.

VerDate Mar 15 2010 10:38 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR09\S26JA9.001 S26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 1482 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 26, 2009 Mr. President, I ask unanimous con- total Hispanic population and 23 percent of ed, such program provides training and su- sent that the text of the bill be printed the total population below 200 percent pov- pervision to community health workers to in the RECORD. erty in the United States. enable such workers to provide authorized There being no objection, the text of SEC. 3. GRANTS TO PROMOTE POSITIVE HEALTH program services; the bill was ordered to be printed in BEHAVIORS IN WOMEN. ‘‘(C) contain an assurance that the appli- Part P of title III of the Public Health cant will evaluate the effectiveness of com- the RECORD, as follows: Service Act (42 U.S.C. 280g et seq.) is amend- munity health worker programs receiving S. 319 ed— funds under the grant; Be it enacted by the Senate and House of Rep- (1) by redesignating the second section ‘‘(D) contain an assurance that each com- resentatives of the United States of America in 399R (relating to the amyotrophic lateral munity health worker program receiving Congress assembled, sclerosis registry (42 U.S.C. 280g-7)) and the funds under the grant will provide services in SECTION 1. SHORT TITLE. third section 399R (relating to support for the cultural context most appropriate for This Act may be cited as the ‘‘Community patients receiving a positive diagnosis of the individuals served by the program; Health Workers Act of 2009’’. down syndrome or other prenatally or ‘‘(E) contain a plan to document and dis- SEC. 2. FINDINGS. postnatally diagnosed conditions (42 U.S.C. seminate project description and results to Congress makes the following findings: 280g-8)) as sections 399S and 399T respec- other States and organizations as identified (1) Chronic diseases, defined as any condi- tively; and by the Secretary; and tion that requires regular medical attention (2) by adding at the end the following: ‘‘(F) describe plans to enhance the capacity or medication, are the leading cause of death ‘‘SEC. 399U. GRANTS TO PROMOTE POSITIVE of individuals to utilize health services and and disability for women in the United HEALTH BEHAVIORS IN WOMEN. health-related social services under Federal, States across racial and ethnic groups. ‘‘(a) GRANTS AUTHORIZED.—The Secretary, State, and local programs by— (2) According to the National Vital Statis- in collaboration with the Director of the ‘‘(i) assisting individuals in establishing tics Report of 2001, the 5 leading causes of Centers for Disease Control and Prevention eligibility under the programs and in receiv- death among Hispanic, American Indian, and and other Federal officials determined ap- ing the services or other benefits of the pro- African-American women are heart disease, propriate by the Secretary, is authorized to grams; and cancer, diabetes, cerebrovascular disease, award grants to States or local or tribal ‘‘(ii) providing other services as the Sec- and unintentional injuries. units, to promote positive health behaviors retary determines to be appropriate, that (3) Unhealthy behaviors alone lead to more for women and children in target popu- may include transportation and translation than 50 percent of premature deaths in the lations, especially racial and ethnic minor- services. United States. ity women and children in medically under- ‘‘(d) PRIORITY.—In awarding grants under (4) Poor diet, physical inactivity, tobacco served communities. subsection (a), the Secretary shall give pri- use, and alcohol and drug abuse are the ‘‘(b) USE OF FUNDS.—Grants awarded pur- ority to those applicants— health risk behaviors that most often lead to suant to subsection (a) may be used to sup- ‘‘(1) who propose to target geographic disease, premature death, and disability, and port community health workers— areas— are particularly prevalent among many ‘‘(1) to educate, guide, and provide out- ‘‘(A) with a high percentage of residents groups of minority women. reach in a community setting regarding who are eligible for health insurance but are (5) Over 60 percent of Hispanic and African- health problems prevalent among women and uninsured or underinsured; American women are classified as over- children and especially among racial and ‘‘(B) with a high percentage of families for weight and over 30 percent are classified as ethnic minority women and children; whom English is not their primary language; obese. Over 60 percent of American Indian ‘‘(2) to educate, guide, and provide experi- and women are classified as obese. ential learning opportunities that target be- ‘‘(C) that encompass the United States- (6) American Indian women have the high- havioral risk factors including— Mexico border region; est mortality rates related to alcohol and ‘‘(A) poor nutrition; ‘‘(2) with experience in providing health or drug use of all women in the United States. ‘‘(B) physical inactivity; health-related social services to individuals (7) High poverty rates coupled with bar- ‘‘(C) being overweight or obese; who are underserved with respect to such riers to health preventive services and med- ‘‘(D) tobacco use; services; and ical care contribute to racial and ethnic dis- ‘‘(E) alcohol and substance use; ‘‘(3) with documented community activity parities in health factors, including pre- ‘‘(F) injury and violence; and experience with community health mature death, life expectancy, risk factors ‘‘(G) risky sexual behavior; and workers. associated with major diseases, and the ex- ‘‘(H) mental health problems; ‘‘(e) COLLABORATION WITH ACADEMIC INSTI- tent and severity of illnesses. ‘‘(3) to educate and guide regarding effec- TUTIONS.—The Secretary shall encourage (8) There is increasing evidence that early tive strategies to promote positive health community health worker programs receiv- life experiences are associated with adult behaviors within the family; ing funds under this section to collaborate chronic disease and that prevention and ‘‘(4) to educate and provide outreach re- with academic institutions. Nothing in this intervention services provided within the garding enrollment in health insurance in- section shall be construed to require such collaboration. community and the home may lessen the im- cluding the State Children’s Health Insur- ‘‘(f) QUALITY ASSURANCE AND COST-EFFEC- pact of chronic outcomes, while strength- ance Program under title XXI of the Social TIVENESS.—The Secretary shall establish ening families and communities. Security Act, Medicare under title XVIII of guidelines for assuring the quality of the (9) Community health workers, who are such Act and Medicaid under title XIX of training and supervision of community primarily women, can be a critical compo- such Act; health workers under the programs funded nent in conducting health promotion and ‘‘(5) to promote community wellness and under this section and for assuring the cost- disease prevention efforts in medically un- awareness; and effectiveness of such programs. derserved populations. ‘‘(6) to educate and refer target popu- ‘‘(g) MONITORING.—The Secretary shall (10) Recognizing the difficult barriers con- lations to appropriate health care agencies monitor community health worker programs fronting medically underserved communities and community-based programs and organi- identified in approved applications and shall (poverty, geographic isolation, language and zations in order to increase access to quality determine whether such programs are in cultural differences, lack of transportation, health care services, including preventive compliance with the guidelines established low literacy, and lack of access to services), health services. under subsection (f). community health workers are in a unique ‘‘(c) APPLICATION.— ‘‘(h) TECHNICAL ASSISTANCE.—The Sec- position to reduce preventable morbidity and ‘‘(1) IN GENERAL.—Each State or local or retary may provide technical assistance to mortality, improve the quality of life, and tribal unit (including federally recognized community health worker programs identi- increase the utilization of available preven- tribes and Alaska native villages) that de- fied in approved applications with respect to tive health services for community mem- sires to receive a grant under subsection (a) planning, developing, and operating pro- bers. shall submit an application to the Secretary, grams under the grant. (11) Research has shown that community at such time, in such manner, and accom- ‘‘(i) REPORT TO CONGRESS.— health workers have been effective in signifi- panied by such additional information as the ‘‘(1) IN GENERAL.—Not later than 4 years cantly increasing health insurance coverage, Secretary may require. after the date on which the Secretary first screening and medical follow-up visits ‘‘(2) CONTENTS.—Each application sub- awards grants under subsection (a), the Sec- among residents with limited access or un- mitted pursuant to paragraph (1) shall— retary shall submit to Congress a report re- derutilization of health care services. ‘‘(A) describe the activities for which as- garding the grant project. (12) States on the United States-Mexico sistance under this section is sought; ‘‘(2) CONTENTS.—The report required under border have high percentages of impover- ‘‘(B) contain an assurance that with re- paragraph (1) shall include the following: ished and ethnic minority populations: bor- spect to each community health worker pro- ‘‘(A) A description of the programs for der States accommodate 60 percent of the gram receiving funds under the grant award- which grant funds were used.

VerDate Mar 15 2010 10:38 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR09\S26JA9.001 S26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 26, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 1483 ‘‘(B) The number of individuals served. to implement the Western Hemisphere Mr. President, I ask unanimous con- ‘‘(C) An evaluation of— Travel Initiative, WHTI, as rec- sent that the text of the bill be printed ‘‘(i) the effectiveness of these programs; ommended by the National Commis- in the RECORD. ‘‘(ii) the cost of these programs; and sion on Terrorist Attacks Upon the There being no objection, the text of ‘‘(iii) the impact of the project on the health outcomes of the community resi- United States. As part of those efforts, the bill was ordered to be printed in dents. State has developed the United States the RECORD, as follows: ‘‘(D) Recommendations for sustaining the passport card as a cheaper, more port- S. 321 community health worker programs devel- able alternative to a United States Be it enacted by the Senate and House of Rep- oped or assisted under this section. passport book. The passport card is ad- resentatives of the United States of America in ‘‘(E) Recommendations regarding training judicated to the exact same standards Congress assembled, to enhance career opportunities for commu- as the passport book and allows United SECTION 1. SHORT TITLE. nity health workers. States citizens to enter United States This Act may be cited as the ‘‘Passport ‘‘(j) DEFINITIONS.—In this section: Card Travel Enhancement Act of 2009’’. ‘‘(1) COMMUNITY HEALTH WORKER.—The land and sea ports-of-entry from Can- ada, Mexico, the Caribbean and Ber- SEC. 2. PASSPORT CARD DEFINED. term ‘community health worker’ means an In this Act, the term ‘‘passport card’’ individual who promotes health or nutrition muda, but the card does not allow for means the document— within the community in which the indi- any air travel. In my mind, this dis- (1) known as a passport card that is issued vidual resides— crepancy makes no sense, and the pass- to a national of the United States on the ‘‘(A) by serving as a liaison between com- port card should allow for air travel be- same basis as a regular passport; and munities and health care agencies; tween the United States and Canada, (2) that the Secretary of State began ‘‘(B) by providing guidance and social as- Mexico, Bermuda and the Caribbean for issuing during 2008. sistance to community residents; SEC. 3. PASSPORT CARDS FOR AIR TRAVEL. ‘‘(C) by enhancing community residents’ several reasons. (a) REQUIREMENT TO ACCEPT PASSPORT ability to effectively communicate with First, prior to 2007, United States CARDS FOR AIR TRAVEL.—Notwithstanding health care providers; citizens rarely needed a passport to enter the United States by air from any regulation issued by the Secretary of ‘‘(D) by providing culturally and linguis- Homeland Security or the Secretary of tically appropriate health or nutrition edu- Canada, Mexico, Bermuda or the Carib- State, the Secretary of Homeland Security cation; bean. Rather, United States citizens and the Secretary of State shall permit a ‘‘(E) by advocating for individual and com- were only required to satisfy inspect- passport card issued to a citizen of the munity health or nutrition needs; and ing officers of their identities and citi- United States to serve as proof of identify ‘‘(F) by providing referral and followup zenship. This practice changed in 2007, and citizenship of such citizen if such citizen services. when WHTI went into effect for air is departing from or entering the United ‘‘(2) COMMUNITY SETTING.—The term ‘com- States through an air port of entry for travel munity setting’ means a home or a commu- travel. I think we all recall the events that occurred following WHTI air im- that terminates or originates in— nity organization located in the neighbor- (1) Bermuda; hood in which a participant resides. plementation, when State was deluged (2) Canada; ‘‘(3) MEDICALLY UNDERSERVED COMMU- with passport applications, the time (3) a foreign country located in the Carib- NITY.—The term ‘medically underserved necessary to get a passport expanded bean; or community’ means a community identified from the typical four to six weeks to (4) Mexico. by a State— several months, and some Americans (b) FEES FOR PASSPORT CARDS.—Neither ‘‘(A) that has a substantial number of indi- the Secretary of State or the Secretary of viduals who are members of a medically un- were forced to cancel trips. We need to avoid problems like that in the future Homeland Security may increase, or propose derserved population, as defined by section an increase to, the fee for issuance of a pass- 330(b)(3); and by providing United States citizens port card as a result of the requirements of ‘‘(B) a significant portion of which is a with more documents that comply with subsection (a). health professional shortage area as des- WHTI. (c) REGULATIONS.—Not later than 180 days ignated under section 332. Further, State’s ‘‘Card Format Pass- after the date of the enactment of this Act, ‘‘(4) SUPPORT.—The term ‘support’ means port; Changes to Passport Fee Sched- the Secretary of State and the Secretary of the provision of training, supervision, and ule’’ final rule states that the passport Homeland shall issue final regulations to im- materials needed to effectively deliver the plement this Act. services described in subsection (b), reim- card ‘‘is not intended to be a globally interoperable travel document,’’ and bursement for services, and other benefits. By Mr. MCCONNELL (for himself, ‘‘will not be designed to meet the ‘‘(5) TARGET POPULATION.—The term ‘target Mr. KYL, Mr. VITTER, Mr. population’ means women of reproductive International Civil Aviation Organiza- CHAMBLISS, Mr. BUNNING, Mr. age, regardless of their current childbearing tion, ICAO, standards and rec- GREGG, Mr. COBURN, Mr. BURR, status and children under 21 years of age. ommendations for globally interoper- Mr. ISAKSON, Mr. GRAHAM, Mr. ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— able passports,’’ but I do not believe INHOFE, Mr. CORNYN, Mr. There are authorized to be appropriated to that these facts mean that the passport carry out this section $15,000,000 for each of BROWNBACK, Mr. COCHRAN, Mr. card cannot be used for limited, west- fiscal years 2010, 2011, and 2012.’’. ENSIGN, Mr. THUNE, Mr. ern hemisphere air travel. In fact, I DEMINT, Mr. BENNETT, and Mr. By Mr. VOINOVICH (for himself question whether globally interoper- BARRASSO): and Mr. TESTER, and Ms. able passport standards and rec- S. 326. A bill to amend title XXI of KLOBUCHAR): ommendations need be met in order to the Social Security Act to reauthorize S. 321. A bill to require the Secretary use passport cards for the limited the State Children’s Health Insurance of Homeland Security and the Sec- flights allowed by the Passport Card Program through fiscal year 2013, and retary of State to accept passport Travel Enhancement Act of 2009 be- for other purposes; to the Committee cards at air ports of entry and for other cause DHS’s NEXUS card, which does on Finance. purposes; to the Committee on the Ju- not meet ICAO standards, is currently Mr. MCCONNELL. Mr. President, I diciary. accepted as an alternative to a pass- ask unanimous consent that the text of Mr. VOINOVICH. Mr. President, I port for some air travel between the the bill be printed in the RECORD. rise today with Senators TESTER and United States and Canada. There being no objection, the text of KLOBUCHAR to introduce the Passport Lastly, in today’s current economic the bill was ordered to be placed in the climate, I believe we must foster se- Card Travel Enhancement Act of 2009 RECORD, as follows: cure, legitimate trade and tourism be- in order to allow United States citizens S. 326 to use passport cards for air travel be- tween the United States and our allies. Be it enacted by the Senate and House of Rep- tween the United States and Canada, Providing additional, less expensive resentatives of the United States of America in Mexico, Bermuda and the Caribbean. ways for our constituents to comply Congress assembled, Over the past several years, the De- with WHTI is good government and SECTION 1. SHORT TITLE; TABLE OF CONTENTS. partments of State, State, and Home- makes sense for our Nation’s security (a) SHORT TITLE.—This Act may be cited as land Security, DHS, have worked hard and economic prosperity. the ‘‘Kids First Act’’.

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(b) TABLE OF CONTENTS.—The table of con- adding at the end the following new sub- and (iii) of such subparagraph with respect tents for this Act is as follows: section: to a fiscal year shall be determined on the Sec. 1. Short title; table of contents. ‘‘(m) DETERMINATION OF ALLOTMENTS FOR basis of amounts reported by States to the Sec. 2. Reauthorization through fiscal year THE 50 STATES AND THE DISTRICT OF COLUMBIA Secretary on the May 15th submission of 2013. FOR FISCAL YEARS 2009 THROUGH 2013.— Form CMS–37 and Form CMS–21B submitted Sec. 3. Allotments for the 50 States and the ‘‘(1) IN GENERAL.—Notwithstanding the pre- not later than June 30th of the fiscal year District of Columbia based on ceding provisions of this subsection and sub- preceding such year. expenditures and numbers of ject to paragraph (3), the Secretary shall ‘‘(ii) ACTUAL EXPENDITURES.—The actual low-income children. allot to each subsection (b) State for each of expenditures described in clause (iv) of such Sec. 4. Limitations on matching rates for fiscal years 2009 through 2013, the amount de- subparagraph with respect to a second pre- populations other than low-in- termined for the fiscal year that is equal to ceding fiscal year shall be determined on the come children or pregnant the product of— basis of amounts reported by States to the women covered through a sec- ‘‘(A) the amount available for allotment Secretary on Form CMS–64 and Form CMS– tion 1115 waiver. under subsection (a) for the fiscal year, re- 21 submitted not later than November 30 of Sec. 5. Prohibition on new section 1115 waiv- duced by the amount of allotments made the preceding fiscal year.’’. ers for coverage of adults other under subsection (c) (determined without re- (b) 2-YEAR AVAILABILITY OF ALLOTMENTS; than pregnant women. gard to paragraph (4) thereof) for the fiscal EXPENDITURES COUNTED AGAINST OLDEST AL- Sec. 6. Standardization of determination of year; and LOTMENTS.—Section 2104(e) of the Social Se- family income for targeted low- ‘‘(B) the sum of the State allotment fac- curity Act (42 U.S.C. 1397dd(e)) is amended to income children under title XXI tors determined under paragraph (2) with re- read as follows: and optional targeted low-in- spect to the State and weighted in accord- ‘‘(e) AVAILABILITY OF AMOUNTS ALLOT- come children under title XIX. ance with subparagraph (B) of that para- TED.— Sec. 7. Grants for outreach and enrollment. graph for the fiscal year. ‘‘(1) IN GENERAL.—Except as provided in the Sec. 8. Improved State option for offering ‘‘(2) STATE ALLOTMENT FACTORS.— succeeding paragraphs of this subsection, premium assistance for cov- ‘‘(A) IN GENERAL.—For purposes of para- amounts allotted to a State pursuant to this erage of children through pri- graph (1)(B), the State allotment factors are section— vate plans under SCHIP and the following: ‘‘(A) for each of fiscal years 1998 through Medicaid. ‘‘(i) The ratio of the projected expenditures 2008, shall remain available for expenditure Sec. 9. Treatment of unborn children. for targeted low-income children under the by the State through the end of the second Sec. 10. 50 percent matching rate for all State child health plan and pregnant women succeeding fiscal year; and Medicaid administrative costs. under a waiver of such plan for the fiscal ‘‘(B) for each of fiscal years 2009 through Sec. 11. Reduction in payments for Medicaid year to the sum of such projected expendi- 2013, shall remain available for expenditure administrative costs to prevent tures for all States for the fiscal year, multi- by the State only through the end of the fis- duplication of such payments plied by the applicable percentage weight as- cal year succeeding the fiscal year for which under TANF. signed under subparagraph (B). such amounts are allotted. Sec. 12. Elimination of waiver of certain ‘‘(ii) The ratio of the number of low-income Medicaid provider tax provi- ‘‘(2) ELIMINATION OF REDISTRIBUTION OF AL- children who have not attained age 19 with LOTMENTS NOT EXPENDED WITHIN 3 YEARS.— sions. no health insurance coverage in the State, as Sec. 13. Elimination of special payments for Notwithstanding subsection (f), amounts al- determined by the Secretary on the basis of certain public hospitals. lotted to a State under this section for fiscal the arithmetic average of the number of such Sec. 14. Effective date; coordination of fund- years beginning with fiscal year 2009 that re- children for the 3 most recent Annual Social ing for fiscal year 2009. main unexpended as of the end of the fiscal and Economic Supplements to the Current year succeeding the fiscal year for which the SEC. 2. REAUTHORIZATION THROUGH FISCAL Population Survey of the Bureau of the Cen- YEAR 2013. amounts are allotted shall not be redistrib- sus available before the beginning of the cal- (a) INCREASE IN NATIONAL ALLOTMENT.— uted to other States and shall revert to the Section 2104 of the Social Security Act (42 endar year before such fiscal year begins, to Treasury on October 1 of the third suc- U.S.C. 1397dd(a)) is amended— the sum of the number of such children de- ceeding fiscal year. (1) in subsection (a)— termined for all States for such fiscal year, ‘‘(3) RULE FOR COUNTING EXPENDITURES (A) by striking ‘‘and’’ at the end of para- multiplied by the applicable percentage AGAINST FISCAL YEAR ALLOTMENTS.—Expendi- graph (10); weight assigned under subparagraph (B). tures under the State child health plan made (B) in paragraph (11)— ‘‘(iii) The ratio of the projected expendi- on or after April 1, 2009, shall be counted (i) by striking ‘‘each of fiscal years 2008 tures for targeted low-income children under against allotments for the earliest fiscal and 2009’’ and inserting ‘‘fiscal year 2008’’; the State child health plan and pregnant year for which funds are available for ex- and women under a waiver of such plan for the penditure under this subsection.’’. (ii) by striking the period at the end and preceding fiscal year to the sum of such pro- (c) CONFORMING AMENDMENTS.— inserting a semicolon; and jected expenditures for all States for such (1) Section 2104(b)(1) of the Social Security (C) by adding at the end the following new preceding fiscal year, multiplied by the ap- Act (42 U.S.C. 1397dd(b)(1)) is amended by paragraphs: plicable percentage weight assigned under striking ‘‘subsection (d)’’ and inserting ‘‘the ‘‘(12) for fiscal year 2009, $7,780,000,000; subparagraph (B). succeeding subsections of this section’’. ‘‘(13) for fiscal year 2010, $8,044,000,000; ‘‘(iv) The ratio of the actual expenditures (2) Section 2104(f) of such Act (42 U.S.C. ‘‘(14) for fiscal year 2011, $8,568,000,000; for targeted low-income children under the 1397dd(f)) is amended by striking ‘‘The’’ and ‘‘(15) for fiscal year 2012, $9,032,000,000; and State child health plan and pregnant women inserting ‘‘Subject to subsection (e)(2), the’’. under a waiver of such plan for the second ‘‘(16) for fiscal year 2013, $9,505,000,000.’’; SEC. 4. LIMITATIONS ON MATCHING RATES FOR preceding fiscal year to the sum of such ac- and POPULATIONS OTHER THAN LOW-IN- tual expenditures for all States for such sec- (2) in subsection (c)(4)(B), by striking COME CHILDREN OR PREGNANT ond preceding fiscal year, multiplied by the ‘‘2009’’ and inserting ‘‘2008, $62,000,000 for fis- WOMEN COVERED THROUGH A SEC- applicable percentage weight assigned under cal year 2009, $64,000,000 for fiscal year 2010, TION 1115 WAIVER. subparagraph (B). (a) LIMITATION ON PAYMENTS.—Section $68,000,000 for fiscal year 2011, $72,000,000 for ‘‘(B) ASSIGNMENT OF WEIGHTS.—For each of 2105(c) of the Social Security Act (42 U.S.C. fiscal year 2012, and $75,000,000 for fiscal year fiscal years 2009 through 2013, the following 1397ee(c)) is amended by adding at the end 2013’’. percentage weights shall be applied to the the following new paragraph: (b) REPEAL OF LIMITATION ON AVAILABILITY ratios determined under subparagraph (A) ‘‘(8) LIMITATIONS ON MATCHING RATE FOR OF FUNDING FOR FISCAL YEARS 2008 AND 2009.—Section 201 of the Medicare, Medicaid, for each such fiscal year: POPULATIONS OTHER THAN TARGETED LOW-IN- and SCHIP Extension Act of 2007 (Public Law ‘‘(i) 40 percent for the ratio determined COME CHILDREN OR PREGNANT WOMEN COVERED 110–173) is amended— under subparagraph (A)(i). THROUGH A SECTION 1115 WAIVER.—For child (1) in subsection (a), by striking paragraph ‘‘(ii) 5 percent for the ratio determined health assistance or health benefits coverage (2) and redesignating paragraphs (3) and (4), under subparagraph (A)(ii). furnished in any fiscal year beginning with as paragraphs (2) and (3) respectively; and ‘‘(iii) 50 percent for the ratio determined fiscal year 2010: (2) in subsection (b), by striking paragraph under subparagraph (A)(iii). ‘‘(A) FMAP APPLIED TO PAYMENTS FOR COV- (2). ‘‘(iv) 5 percent for the ratio determined ERAGE OF CHILDREN OR PREGNANT WOMEN COV- under subparagraph (A)(iv). ERED THROUGH A SECTION 1115 WAIVER EN- SEC. 3. ALLOTMENTS FOR THE 50 STATES AND THE DISTRICT OF COLUMBIA BASED ‘‘(C) DETERMINATION OF PROJECTED AND AC- ROLLED IN THE STATE CHILD HEALTH PLAN ON ON EXPENDITURES AND NUMBERS TUAL EXPENDITURES.—For purposes of sub- THE DATE OF ENACTMENT OF THE KIDS FIRST OF LOW-INCOME CHILDREN. paragraph (A): ACT AND WHOSE GROSS FAMILY INCOME IS DE- (a) IN GENERAL.—Section 2104 of the Social ‘‘(i) PROJECTED EXPENDITURES.—The pro- TERMINED TO EXCEED THE INCOME ELIGIBILITY Security Act (42 U.S.C. 1397dd) is amended by jected expenditures described in clauses (i) LEVEL SPECIFIED FOR A TARGETED LOW-INCOME

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CHILD.—Notwithstanding subsections taker relative of a targeted low-income child ‘‘(1) by virtue of a waiver under section (b)(1)(B) and (d) of section 2110, in the case of whose family income exceeds the income eli- 1115; or any individual described in subsection (c) of gibility level referred to in subparagraph ‘‘(2) through the application of sections section 105 of the Kids First Act who the (B)(i), and any nonpregnant childless adult 457.10, 457.350(b)(2), 457.622(c)(5), and State elects to continue to provide child whose family income exceeds the income eli- 457.626(a)(3) of title 42, Code of Federal Regu- health assistance for under the State child gibility level referred to in subparagraph lations (as in effect on the date of enactment health plan in accordance with the require- (B)(ii). of the Kids First Act).’’. ments of such subsection, the Federal med- ‘‘(iii) NONPREGNANT CHILDLESS ADULTS, (c) ASSURANCE OF NOTICE TO AFFECTED EN- ical assistance percentage (as determined PARENTS, OR CARETAKER RELATIVES NOT EN- ROLLEES.—The Secretary of Health and under section 1905(b) without regard to ROLLED UNDER A SECTION 1115 WAIVER ON THE Human Services shall establish procedures to clause (4) of such section) shall be sub- DATE OF ENACTMENT OF THE KIDS FIRST ACT.— ensure that States provide adequate public stituted for the enhanced FMAP under sub- Any nonpregnant parent or a nonpregnant notice for parents, caretaker relatives, and section (a)(1) with respect to such assistance. caretaker relative of a targeted low-income nonpregnant childless adults whose eligi- ‘‘(B) FMAP APPLIED TO PAYMENTS ONLY FOR child who is not enrolled in the State child bility for child health assistance or health NONPREGNANT CHILDLESS ADULTS AND PAR- health plan under a section 1115 waiver, ex- benefits coverage under a waiver under sec- ENTS AND CARETAKER RELATIVES ENROLLED perimental, pilot, or demonstration project tion 1115 of the Social Security Act will be UNDER A SECTION 1115 WAIVER ON THE DATE OF referred to in subparagraph (B)(i) on the date terminated as a result of the amendments ENACTMENT OF THE KIDS FIRST ACT.—The Fed- of enactment of the Kids First Act, and any made by subsection (a), and that States oth- eral medical assistance percentage (as deter- nonpregnant childless adult who is not en- erwise adhere to regulations of the Secretary mined under section 1905(b) without regard rolled in the State child health plan under a relating to procedures for terminating waiv- to clause (4) of such section) shall be sub- section 1115 waiver, experimental, pilot, or ers under section 1115 of the Social Security Act. stituted for the enhanced FMAP under sub- demonstration project referred to in sub- section (a)(1) with respect to payments for paragraph (B)(ii)(I) on such date. SEC. 6. STANDARDIZATION OF DETERMINATION OF FAMILY INCOME FOR TARGETED child health assistance or health benefits ‘‘(D) DEFINITION OF CARETAKER RELATIVE.— LOW-INCOME CHILDREN UNDER coverage provided under the State child In this subparagraph, the term ‘caretaker TITLE XXI AND OPTIONAL TAR- health plan for any of the following: relative’ has the meaning given that term GETED LOW-INCOME CHILDREN ‘‘(i) PARENTS OR CARETAKER RELATIVES EN- for purposes of carrying out section 1931. UNDER TITLE XIX. ROLLED UNDER A WAIVER ON THE DATE OF EN- ‘‘(E) RULE OF CONSTRUCTION.—Nothing in (a) ELIGIBILITY BASED ON GROSS INCOME.— ACTMENT OF THE KIDS FIRST ACT.—A nonpreg- this paragraph shall be construed as imply- (1) IN GENERAL.—Section 2110 of the Social nant parent or a nonpregnant caretaker rel- ing that payments for coverage of popu- Security Act (42 U.S.C. 1397jj) is amended— ative of a targeted low-income child who is lations for which the Federal medical assist- (A) in subsection (b)(1)(A), by inserting ‘‘in enrolled in the State child health plan under ance percentage (as so determined) is to be accordance with subsection (d)’’ after ‘‘State a waiver, experimental, pilot, or demonstra- substituted for the enhanced FMAP under plan’’; and tion project on the date of enactment of the subsection (a)(1) in accordance with this (B) by adding at the end the following new Kids First Act and whose family income does paragraph are to be made from funds other subsection: not exceed the income eligibility applied than the allotments determined for a State ‘‘(d) STANDARDIZATION OF DETERMINATION under such waiver with respect to that popu- under section 2104.’’. OF FAMILY INCOME.—A State shall determine lation on such date. (b) CONFORMING AMENDMENT.—Section family income for purposes of determining ‘‘(ii) NONPREGNANT CHILDLESS ADULTS EN- 2105(a)(1) of the Social Security Act (42 income eligibility for child health assistance ROLLED UNDER A WAIVER ON SUCH DATE.—A U.S.C. 1397dd(a)(1)) is amended, in the matter or other health benefits coverage under the nonpregnant childless adult enrolled in the preceding subparagraph (A), by inserting ‘‘or State child health plan (or under a waiver of State child health plan under a waiver, ex- subsection (c)(8)’’ after ‘‘subparagraph (B)’’. such plan under section 1115) solely on the perimental, pilot, or demonstration project basis of the gross income (as defined by the SEC. 5. PROHIBITION ON NEW SECTION 1115 Secretary) of the family.’’. described in section 6102(c)(3) of the Deficit WAIVERS FOR COVERAGE OF Reduction Act of 2005 (42 U.S.C. 1397gg note) ADULTS OTHER THAN PREGNANT (2) PROHIBITION ON WAIVER OF REQUIRE- on the date of enactment of the Kids First WOMEN. MENTS.—Section 2107(f) (42 U.S.C. 1397gg(f)), Act and whose family income does not ex- (a) IN GENERAL.—Section 2107(f) of the So- as amended by section 5(a), is amended by ceed the income eligibility applied under cial Security Act (42 U.S.C. 1397gg(f)) is adding at the end the following new para- such waiver with respect to that population amended— graph: on such date. (1) by striking ‘‘, the Secretary’’ and in- ‘‘(4) The Secretary may not approve a ‘‘(iii) NO REPLACEMENT ENROLLEES.—Noth- serting ‘‘: waiver, experimental, pilot, or demonstra- ing in clauses (i) or (ii) shall be construed as ‘‘(1) The Secretary’’; and tion project with respect to a State after the authorizing a State to provide child health (2) by adding at the end the following new date of enactment of the Kids First Act that assistance or health benefits coverage under paragraphs: would waive or modify the requirements of a waiver described in either such clause to a ‘‘(2) The Secretary may not approve, ex- section 2110(d) (relating to determining in- nonpregnant parent or a nonpregnant care- tend, renew, or amend a waiver, experi- come eligibility on the basis of gross income) taker relative of a targeted low-income mental, pilot, or demonstration project with and regulations promulgated to carry out child, or a nonpregnant childless adult, who respect to a State after the date of enact- such requirements.’’. is not enrolled under the waiver on the date ment of the Kids First Act that would allow (b) REGULATIONS.—Not later than 90 days after the date of enactment of this Act, the of enactment of the Kids First Act. funds made available under this title to be Secretary of Health and Human Services ‘‘(C) NO FEDERAL PAYMENT FOR ANY NEW used to provide child health assistance or shall promulgate interim final regulations NONPREGNANT ADULT ENROLLEES OR FOR SUCH other health benefits coverage for any other defining gross income for purposes of section ENROLLEES WHO NO LONGER SATISFY INCOME adult other than a pregnant woman whose 2110(d) of the Social Security Act, as added family income does not exceed the income ELIGIBILITY REQUIREMENTS.—Payment shall by subsection (a). eligibility level specified for a targeted low- not be made under this section for child (c) APPLICATION TO CURRENT ENROLLEES.— health assistance or other health benefits income child in that State under a waiver or The interim final regulations promulgated coverage provided under the State child project approved as of such date. under subsection (b) shall not be used to de- health plan or under a waiver under section ‘‘(3) The Secretary may not approve, ex- termine the income eligibility of any indi- 1115 for any of the following: tend, renew, or amend a waiver, experi- vidual enrolled in a State child health plan ‘‘(i) PARENTS OR CARETAKER RELATIVES mental, pilot, or demonstration project with under title XXI of the Social Security Act on UNDER A SECTION 1115 WAIVER APPROVED AFTER respect to a State after the date of enact- the date of enactment of this Act before the THE DATE OF ENACTMENT OF THE KIDS FIRST ment of the Kids First Act that would waive date on which such eligibility of the indi- ACT.—A nonpregnant parent or a nonpreg- or modify the requirements of section vidual is required to be redetermined under nant caretaker relative of a targeted low-in- 2105(c)(8).’’. the plan as in effect on such date. In the case come child under a waiver, experimental, (b) CLARIFICATION OF AUTHORITY FOR COV- of any individual enrolled in such plan on pilot, or demonstration project that is ap- ERAGE OF PREGNANT WOMEN.—Section 2106 of such date who, solely as a result of the appli- proved on or after the date of enactment of the Social Security Act (42 U.S.C. 1397ff) is cation of subsection (d) of section 2110 of the the Kids First Act. amended by adding at the end the following Social Security Act (as added by subsection ‘‘(ii) PARENTS, CARETAKER RELATIVES, AND new subsection: (a)) and the regulations promulgated under NONPREGNANT CHILDLESS ADULTS WHOSE FAM- ‘‘(f) NO AUTHORITY TO COVER PREGNANT subsection (b), is determined to be ineligible ILY INCOME EXCEEDS THE INCOME ELIGIBILITY WOMEN THROUGH STATE PLAN.—For purposes for child health assistance under the State LEVEL SPECIFIED UNDER A SECTION 1115 WAIVER of this title, a State may provide assistance child health plan, a State may elect, subject APPROVED PRIOR TO THE KIDS FIRST ACT.—Any to a pregnant woman under the State child to substitution of the Federal medical assist- nonpregnant parent or a nonpregnant care- health plan only— ance percentage for the enhanced FMAP

VerDate Mar 15 2010 10:38 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR09\S26JA9.001 S26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 1486 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 26, 2009 under section 2105(c)(8)(A) of the Social Se- cultural barriers to applying for and receiv- of the Indian Health Care Improvement Act curity Act (as added by section 4(a)), to con- ing child health assistance or medical assist- (25 U.S.C. 1603). tinue to provide the individual with such as- ance; ‘‘(4) COMMUNITY HEALTH WORKER.—The sistance for so long as the individual other- ‘‘(3) specific quality or outcomes perform- term ‘community health worker’ means an wise would be eligible for such assistance ance measures to evaluate the effectiveness individual who promotes health or nutrition and the individual’s family income, if deter- of activities funded by a grant awarded within the community in which the indi- mined under the income and resource stand- under this section; and vidual resides— ards and methodologies applicable under the ‘‘(4) an assurance that the eligible entity ‘‘(A) by serving as a liaison between com- State child health plan on September 30, shall— munities and health care agencies; 2008, would not exceed the income eligibility ‘‘(A) conduct an assessment of the effec- ‘‘(B) by providing guidance and social as- level applicable to the individual under the tiveness of such activities against the per- sistance to community residents; State child health plan. formance measures; ‘‘(C) by enhancing community residents’ SEC. 7. GRANTS FOR OUTREACH AND ENROLL- ‘‘(B) cooperate with the collection and re- ability to effectively communicate with MENT. porting of enrollment data and other infor- health care providers; (a) GRANTS.—Title XXI of the Social Secu- mation in order for the Secretary to conduct ‘‘(D) by providing culturally and linguis- rity Act (42 U.S.C. 1397aa et seq.) is amended such assessments; tically appropriate health or nutrition edu- by adding at the end the following: ‘‘(C) in the case of an eligible entity that is cation; ‘‘SEC. 2111. GRANTS TO IMPROVE OUTREACH AND not the State, provide the State with enroll- ‘‘(E) by advocating for individual and com- ENROLLMENT. ment data and other information as nec- munity health or nutrition needs; and ‘‘(a) OUTREACH AND ENROLLMENT GRANTS; essary for the State to make necessary pro- ‘‘(F) by providing referral and followup NATIONAL CAMPAIGN.— jections of eligible children and pregnant services. ‘‘(1) IN GENERAL.—From the amounts ap- women. ‘‘(f) APPROPRIATION.— propriated for a fiscal year under subsection ‘‘(d) SUPPLEMENT, NOT SUPPLANT.—Federal ‘‘(1) IN GENERAL.—There is appropriated, (f), subject to paragraph (2), the Secretary funds awarded under this section shall be out of any money in the Treasury not other- shall award grants to eligible entities to con- used to supplement, not supplant, non-Fed- wise appropriated, for the purpose of award- duct outreach and enrollment efforts that eral funds that are otherwise available for ing grants under this section— are designed to increase the enrollment and activities funded under this section. ‘‘(A) $100,000,000 for each of fiscal years 2009 participation of eligible children under this ‘‘(e) DEFINITIONS.—In this section: and 2010; title and title XIX. ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible ‘‘(B) $75,000,000 for each of fiscal years 2011 ‘‘(2) 10 PERCENT SET ASIDE FOR NATIONAL EN- entity’ means any of the following: and 2012; and ROLLMENT CAMPAIGN.—An amount equal to 10 ‘‘(A) A State with an approved child health ‘‘(C) $50,000,000 for fiscal year 2013. percent of such amounts for the fiscal year plan under this title. ‘‘(2) GRANTS IN ADDITION TO OTHER AMOUNTS shall be used by the Secretary for expendi- ‘‘(B) A local government. PAID.—Amounts appropriated and paid under tures during the fiscal year to carry out a ‘‘(C) An Indian tribe or tribal consortium, the authority of this section shall be in addi- national enrollment campaign in accordance a tribal organization, an urban Indian orga- tion to amounts appropriated under section with subsection (g). nization receiving funds under title V of the 2104 and paid to States in accordance with ‘‘(b) AWARD OF GRANTS.— Indian Health Care Improvement Act (25 section 2105, including with respect to ex- ‘‘(1) PRIORITY FOR AWARDING.— U.S.C. 1651 et seq.), or an Indian Health Serv- penditures for outreach activities in accord- ‘‘(A) IN GENERAL.—In awarding grants ice provider. ance with subsections (a)(1)(D)(iii) and under subsection (a), the Secretary shall give ‘‘(D) A Federal health safety net organiza- (c)(2)(C) of that section. priority to eligible entities that— tion. ‘‘(i) propose to target geographic areas ‘‘(E) A State, national, local, or commu- ‘‘(g) NATIONAL ENROLLMENT CAMPAIGN.— with high rates of— nity-based public or nonprofit private orga- From the amounts made available under sub- ‘‘(I) eligible but unenrolled children, in- nization. section (a)(2) for a fiscal year, the Secretary cluding such children who reside in rural ‘‘(F) A faith-based organization or con- shall develop and implement a national en- areas; or sortia, to the extent that a grant awarded to rollment campaign to improve the enroll- ‘‘(II) racial and ethnic minorities and such an entity is consistent with the require- ment of underserved child populations in the health disparity populations, including those ments of section 1955 of the Public Health programs established under this title and proposals that address cultural and lin- Service Act (42 U.S.C. 300x–65) relating to a title XIX. Such campaign may include— guistic barriers to enrollment; and grant award to non-governmental entities. ‘‘(1) the establishment of partnerships with ‘‘(ii) submit the most demonstrable evi- ‘‘(G) An elementary or secondary school. the Secretary of Education and the Sec- dence required under paragraphs (1) and (2) ‘‘(H) A national, local, or community-based retary of Agriculture to develop national of subsection (c). public or nonprofit private organization, in- campaigns to link the eligibility and enroll- ‘‘(B) 10 PERCENT SET ASIDE FOR OUTREACH TO cluding organizations that use community ment systems for the assistance programs INDIAN CHILDREN.—An amount equal to 10 health workers or community-based doula each Secretary administers that often serve percent of the funds appropriated under sub- programs. the same children; section (f) for a fiscal year shall be used by ‘‘(2) FEDERAL HEALTH SAFETY NET ORGANI- ‘‘(2) the integration of information about the Secretary to award grants to Indian ZATION.—The term ‘Federal health safety net the programs established under this title and Health Service providers and urban Indian organization’ means— title XIX in public health awareness cam- organizations receiving funds under title V ‘‘(A) a federally-qualified health center (as paigns administered by the Secretary; of the Indian Health Care Improvement Act defined in section 1905(l)(2)(B)); ‘‘(3) increased financial and technical sup- (25 U.S.C. 1651 et seq.) for outreach to, and ‘‘(B) a hospital defined as a dispropor- port for enrollment hotlines maintained by enrollment of, children who are Indians. tionate share hospital for purposes of section the Secretary to ensure that all States par- ‘‘(2) 2-YEAR AVAILABILITY.—A grant award- 1923; ticipate in such hotlines; ed under this section for a fiscal year shall ‘‘(C) a covered entity described in section ‘‘(4) the establishment of joint public remain available for expenditure through the 340B(a)(4) of the Public Health Service Act awareness outreach initiatives with the Sec- end of the succeeding fiscal year. (42 U.S.C. 256b(a)(4)); and retary of Education and the Secretary of ‘‘(c) APPLICATION.—An eligible entity that ‘‘(D) any other entity or consortium that Labor regarding the importance of health in- desires to receive a grant under subsection serves children under a federally-funded pro- surance to building strong communities and (a) shall submit an application to the Sec- gram, including the special supplemental nu- the economy; retary in such form and manner, and con- trition program for women, infants, and chil- ‘‘(5) the development of special outreach taining such information, as the Secretary dren (WIC) established under section 17 of materials for Native Americans or for indi- may decide. Such application shall include— the Child Nutrition Act of 1966 (42 U.S.C. viduals with limited English proficiency; and ‘‘(1) evidence demonstrating that the enti- 1786), the head start and early head start pro- ‘‘(6) such other outreach initiatives as the ty includes members who have access to, and grams under the Head Start Act (42 U.S.C. Secretary determines would increase public credibility with, ethnic or low-income popu- 9801 et seq.), the school lunch program estab- awareness of the programs under this title lations in the communities in which activi- lished under the Richard B. Russell National and title XIX.’’. ties funded under the grant are to be con- School Lunch Act, and an elementary or sec- (b) NONAPPLICATION OF ADMINISTRATIVE EX- ducted; ondary school. PENDITURES CAP.—Section 2105(c)(2) of the ‘‘(2) evidence demonstrating that the enti- ‘‘(3) INDIANS; INDIAN TRIBE; TRIBAL ORGANI- Social Security Act (42 U.S.C. 1397ee(c)(2)) is ty has the ability to address barriers to en- ZATION; URBAN INDIAN ORGANIZATION.—The amended by adding at the end the following: rollment, such as lack of awareness of eligi- terms ‘Indian’, ‘Indian tribe’, ‘tribal organi- ‘‘(C) NONAPPLICATION TO EXPENDITURES FOR bility, stigma concerns and punitive fears as- zation’, and ‘urban Indian organization’ have OUTREACH AND ENROLLMENT.—The limitation sociated with receipt of benefits, and other the meanings given such terms in section 4 under subparagraph (A) shall not apply with

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respect to expenditures for outreach activi- ‘‘(i) IN GENERAL.—In this paragraph, the imposed under section 2103(e)(3)(B) has been ties under section 2102(c)(1), or for enroll- term ‘premium assistance subsidy’ means, reached for a year from the effective date of ment activities, for children eligible for with respect to a targeted low-income child, enrollment for such year. child health assistance under the State child the amount equal to the difference between ‘‘(iv) STATE OPTION FOR REIMBURSEMENT.—A health plan or medical assistance under the the employee contribution required for en- State may retroactively reimburse a parent State plan under title XIX.’’. rollment only of the employee under quali- of a targeted low-income child for out-of- SEC. 8. IMPROVED STATE OPTION FOR OFFERING fied employer sponsored coverage and the pocket expenditures incurred after reaching PREMIUM ASSISTANCE FOR COV- employee contribution required for enroll- the 5 percent cost-sharing limitation im- ERAGE OF CHILDREN THROUGH PRI- ment of the employee and the child in such posed under section 2103(e)(3)(B) for a year. VATE PLANS UNDER SCHIP AND coverage, less any applicable premium cost- ‘‘(E) 6-MONTH WAITING PERIOD REQUIRED.—A MEDICAID. sharing applied under the State child health State shall impose at least a 6-month wait- (a) IN GENERAL.—Section 2105(c) of the So- plan, subject to the annual aggregate cost- ing period from the time an individual is en- cial Security Act (42 U.S.C. 1397ee(c)), as sharing limit applied under section rolled in private health insurance prior to amended by section 4(a) is amended by add- 2103(e)(3)(B). the provision of a premium assistance sub- ing at the end the following: ‘‘(ii) STATE PAYMENT OPTION.—Subject to sidy for a targeted low-income child in ac- ‘‘(9) ADDITIONAL STATE OPTION FOR OFFER- clause (iii), a State may provide a premium cordance with this paragraph. ING PREMIUM ASSISTANCE.— assistance subsidy directly to an employer or ‘‘(F) NON-APPLICATION OF WAITING PERIOD ‘‘(A) IN GENERAL.—Subject to the suc- as reimbursement to an employee for out-of- FOR ENROLLMENT IN THE STATE MEDICAID PLAN ceeding provisions of this paragraph, a State pocket expenditures. OR THE STATE CHILD HEALTH PLAN.—A tar- may elect to offer a premium assistance sub- ‘‘(iii) REQUIREMENT FOR DIRECT PAYMENT TO geted low-income child provided a premium sidy (as defined in subparagraph (C)) for EMPLOYEE.—A State shall not pay a premium assistance subsidy in accordance with this qualified coverage (as defined in subpara- assistance subsidy directly to the employee, paragraph who loses eligibility for such sub- graph (B)) to all targeted low-income chil- unless the State has established procedures sidy shall not be treated as having been en- dren who are eligible for child health assist- to ensure that the targeted low-income child rolled in private health insurance coverage ance under the plan and have access to such on whose behalf such payments are made are for purposes of applying any waiting period coverage in accordance with the require- actually enrolled in the qualified employer imposed under the State child health plan or ments of this paragraph. sponsored coverage. the State plan under title XIX for the enroll- ‘‘(B) QUALIFIED COVERAGE.—In this para- ‘‘(iv) TREATMENT AS CHILD HEALTH ASSIST- ment of the child under such plan. graph, the term ‘qualified coverage’ means ANCE.—Expenditures for the provision of pre- ‘‘(G) ASSURANCE OF SPECIAL ENROLLMENT the following: mium assistance subsidies shall be consid- PERIOD UNDER GROUP HEALTH PLANS IN CASE ‘‘(i) QUALIFIED EMPLOYER SPONSORED COV- ered child health assistance described in OF ELIGIBILITY FOR PREMIUM SUBSIDY ASSIST- ERAGE.— paragraph (1)(C) of subsection (a) for pur- ANCE.—No payment shall be made under sub- ‘‘(I) IN GENERAL.—A group health plan or poses of making payments under that sub- section (a) for amounts expended for the pro- health insurance coverage offered through an section. vision of premium assistance subsidies under employer that is— ‘‘(v) STATE OPTION TO REQUIRE ACCEPTANCE this paragraph unless a State provides assur- ‘‘(aa) substantially equivalent to the bene- OF SUBSIDY.—A State may condition the pro- ances to the Secretary that the State has in fits coverage in a benchmark benefit pack- vision of child health assistance under the effect laws requiring a group health plan, a age described in section 2103(b) or bench- State child health plan for a targeted low-in- health insurance issuer offering group health mark-equivalent coverage that meets the re- come child on the receipt of a premium as- insurance coverage in connection with a quirements of section 2103(a)(2); sistance subsidy for enrollment in qualified group health plan, and a self-funded health ‘‘(bb) made similarly available to all of the employer sponsored coverage if the State de- plan, to permit an employee who is eligible, employer’s employees and for which the em- termines the provision of such a subsidy to but not enrolled, for coverage under the ployer makes a contribution to the premium be more cost-effective in accordance with terms of the plan (or a child of such an em- that is not less for employees receiving a subparagraph (B)(ii). ployee if the child is eligible, but not en- premium assistance subsidy under any op- ‘‘(vi) NOT TREATED AS INCOME.—Notwith- rolled, for coverage under such terms) to en- tion available under the State child health standing any other provision of law, a pre- roll for coverage under the terms of the plan plan under this title or the State plan under mium assistance subsidy provided in accord- if the employee’s child becomes eligible for a title XIX to provide such assistance than the ance with this paragraph shall not be treated premium assistance subsidy under this para- employer contribution provided for all other as income to the child or the parent of the graph. employees; and child for whom such subsidy is provided. ‘‘(H) NO EFFECT ON PREVIOUSLY APPROVED ‘‘(cc) cost-effective, as determined under ‘‘(D) NO REQUIREMENT TO PROVIDE SUPPLE- PREMIUM ASSISTANCE PROGRAMS.—Nothing in subclause (II). MENTAL COVERAGE FOR BENEFITS AND ADDI- this paragraph shall be construed as limiting ‘‘(II) COST-EFFECTIVENESS.—A group health TIONAL COST-SHARING PROTECTION PROVIDED the authority of a State to offer premium as- plan or health insurance coverage offered UNDER THE STATE CHILD HEALTH PLAN.— sistance under section 1906, a waiver de- through an employer shall be considered to ‘‘(i) IN GENERAL.—A State that elects the scribed in paragraph (2)(B) or (3), a waiver be cost-effective if— option to provide a premium assistance sub- approved under section 1115, or other author- ‘‘(aa) the marginal premium cost to pur- sidy under this paragraph shall not be re- ity in effect on February 1, 2009. chase family coverage through the employer quired to provide a targeted low-income ‘‘(I) NOTICE OF AVAILABILITY.—A State is less than the State cost of providing child child enrolled in qualified employer spon- shall— health assistance through the State child sored coverage with supplemental coverage ‘‘(i) include on any application or enroll- health plan for all the children in the family for items or services that are not covered, or ment form for child health assistance a no- who are targeted low-income children; or are only partially covered, under the quali- tice of the availability of premium assist- ‘‘(bb) the marginal premium cost between fied employer sponsored coverage or cost- ance subsidies for the enrollment of targeted individual coverage and purchasing family sharing protection other than the protection low-income children in qualified employer coverage through the employer is not great- required under section 2103(e)(3)(B). sponsored coverage; er than 175 percent of the cost to the State ‘‘(ii) NOTICE OF COST-SHARING REQUIRE- ‘‘(ii) provide, as part of the application and to provide child health assistance through MENTS.—A State shall provide a targeted enrollment process under the State child the State child health plan for a targeted low-income child or the parent of such a health plan, information describing the low-income child. child (as appropriate) who is provided with a availability of such subsidies and how to ‘‘(ii) QUALIFIED NON-GROUP COVERAGE.— premium assistance subsidy in accordance elect to obtain such a subsidy; and Health insurance coverage offered to individ- with this paragraph with notice of the cost- ‘‘(iii) establish such other procedures as uals in the non-group health insurance mar- sharing requirements and limitations im- the State determines necessary to ensure ket that is substantially equivalent to the posed under the qualified employer spon- that parents are informed of the availability benefits coverage in a benchmark benefit sored coverage in which the child is enrolled of such subsidies under the State child package described in section 2103(b) or upon the enrollment of the child in such cov- health plan.’’. benchmark-equivalent coverage that meets erage and annually thereafter. (b) APPLICATION TO MEDICAID.—Section 1906 the requirements of section 2103(a)(2). ‘‘(iii) RECORD KEEPING REQUIREMENTS.—A of the Social Security Act (42 U.S.C. 1396e) is ‘‘(iii) HIGH DEDUCTIBLE HEALTH PLAN.—A State may require a parent of a targeted amended by inserting after subsection (c) the high deductible health plan (as defined in low-income child that is enrolled in qualified following: section 223(c)(2) of the Internal Revenue Code employer-sponsored coverage to bear the re- ‘‘(d) The provisions of section 2105(c)(9) of 1986) purchased through a health savings sponsibility for keeping track of out-of-pock- shall apply to a child who is eligible for med- account (as defined under section 223(d) of et expenditures incurred for cost-sharing im- ical assistance under the State plan in the such Code). posed under such coverage and to notify the same manner as such provisions apply to a ‘‘(C) PREMIUM ASSISTANCE SUBSIDY.— State when the limit on such expenditures targeted low-income child under a State

VerDate Mar 15 2010 10:38 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR09\S26JA9.001 S26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 1488 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 26, 2009 child health plan under title XXI. Section SEC. 12. ELIMINATION OF WAIVER OF CERTAIN has helped so many, can continue to 1902(a)(34) shall not apply to a child who is MEDICAID PROVIDER TAX PROVI- serve as a powerful tool to combat do- provided a premium assistance subsidy under SIONS. Effective October 1, 2009, subsection (c) of mestic violence and other crimes per- the State plan in accordance with the pre- petrated against women and families. ceding sentence.’’. section 4722 of the Balanced Budget Act of 1997 (Public Law 105–33; 111 Stat. 515) is re- In introducing this measure, I recog- SEC. 9. TREATMENT OF UNBORN CHILDREN. pealed. nize the leadership shown on these (a) CODIFICATION OF CURRENT REGULA- SEC. 13. ELIMINATION OF SPECIAL PAYMENTS issues by Senator JOE BIDEN who now TIONS.—Section 2110(c)(1) of the Social Secu- FOR CERTAIN PUBLIC HOSPITALS. serves as our Vice President. Since rity Act (42 U.S.C. 1397jj(c)(1)) is amended by Effective October 1, 2009, subsection (d) of 1994, the Violence Against Women Act striking the period at the end and inserting section 701 of the Medicare, Medicaid, and the following: ‘‘, and includes, at the option has been the centerpiece of the Federal SCHIP Benefits Improvement and Protection government’s commitment to com- of a State, an unborn child. For purposes of Act of 2000, as enacted into law by section the previous sentence, the term ‘unborn 1(a)(6) of Public Law 106–554 (42 U.S.C. 1396r– bating domestic violence and other vio- child’ means a member of the species Homo 4 note), is repealed. lent crimes against women. Its passage sapiens, at any stage of development, who is and reauthorization made a strong carried in the womb.’’. SEC. 14. EFFECTIVE DATE; COORDINATION OF FUNDING FOR FISCAL YEAR 2009. statement in support of the rights of (b) CLARIFICATIONS REGARDING COVERAGE (a) IN GENERAL.—Unless otherwise speci- women in America. This landmark law OF MOTHERS.—Section 2103 (42 U.S.C. 1397cc) fied, subject to subsection (b), the amend- filled a void in Federal law that had is amended by adding at the end the fol- ments made by this Act shall take effect on lowing new subsection: left too many victims of domestic vio- the date of enactment of this Act. lence and sexual assault without the ‘‘(g) CLARIFICATIONS REGARDING AUTHORITY (b) DELAY IF STATE LEGISLATION RE- TO PROVIDE POSTPARTUM SERVICES AND MA- help they needed. QUIRED.—In the case of a State child health Since the bill’s passage, there has TERNAL HEALTH CARE.—Any State that pro- plan under title XXI of the Social Security vides child health assistance to an unborn Act or a waiver of such plan under section been a 27 to 51 percent increase in do- child under the option described in section 1115 of such Act which the Secretary of mestic violence reporting rates by 2110(c)(1) may— Health and Human Services determines re- women and a 37 percent increase in re- ‘‘(1) continue to provide such assistance to quires State legislation (other than legisla- porting rates by men. The number of the mother, as well as postpartum services, tion appropriating funds) in order for the individuals killed by an intimate part- through the end of the month in which the plan or waiver to meet the additional re- ner has decreased by 24 percent for 60-day period (beginning on the last day of quirements imposed by the amendments pregnancy) ends; and women and 48 percent for men. I have made by this Act, the State child health plan been proud to work with then-Senator ‘‘(2) in the interest of the child to be born, or waiver shall not be regarded as failing to have flexibility in defining and providing comply with the requirements of such title BIDEN on these matters for the more services to benefit either the mother or un- XXI solely on the basis of its failure to meet than 15 years. I look forward to work- born child consistent with the health of such additional requirements before the first ing with the Obama-Biden administra- both.’’. day of the first calendar quarter beginning tion to ensure that this law remains a SEC. 10. 50 PERCENT MATCHING RATE FOR ALL after the close of the first regular session of vital resource for prosecutors, social MEDICAID ADMINISTRATIVE COSTS. the State legislature that begins after the workers, and all of those committed to Section 1903(a) of the Social Security Act date of the enactment of this Act. For pur- ending crimes against women and alle- (42 U.S.C. 1396b(a)) is amended— poses of the previous sentence, in the case of viating the terrible harms that result (1) by striking paragraph (2); a State that has a 2-year legislative session, (2) by redesignating paragraph (3)(E) as each year of such session shall be deemed to from these crimes. paragraph (2) and re-locating and indenting be a separate regular session of the State I crafted the legislation I introduce it appropriately; legislature. today with the assistance of advocates (3) in paragraph (2), as so redesignated, by (c) COORDINATION OF FUNDING FOR FISCAL and those in the field who work with redesignating clauses (i) and (ii) as subpara- YEAR 2009.—Notwithstanding any other pro- the Violence Against Women Act every graphs (A) and (B), and indenting them ap- vision of law, insofar as funds have been ap- day. It contains changes to VAWA that propriately; propriated under section 2104(a)(11) of the So- will improve the law’s operation and (4) by striking paragraphs (3) and (4); cial Security Act, as amended by section implementation. I want to thank the (5) in paragraph (5), by striking ‘‘which are 201(a) of Public Law 110–173 and in effect on National Network to End Domestic Vi- attributable to the offering, arranging, and January 1, 2009, to provide allotments to furnishing’’ and inserting ‘‘which are for the States under title XXI of the Social Security olence, Legal Momentum, and the Na- medical assistance costs of furnishing’’; Act for fiscal year 2009— tional Center for Victims of Crime for (6) by striking paragraph (6); (1) any amounts that are so appropriated their assistance with and support for (7) in paragraph (7), by striking ‘‘subject to that are not so allotted and obligated before this legislation, and for their tireless section 1919(g)(3)(B),’’; and the date of the enactment of this Act are re- work on behalf of women and families (8) by redesignating paragraphs (5) and (7) scinded; and in the United States. These groups and as paragraphs (3) and (4), respectively. (2) any amount provided for allotments others across the country play a cru- SEC. 11. REDUCTION IN PAYMENTS FOR MED- under title XXI of such Act to a State under cial role in fulfilling the promise that ICAID ADMINISTRATIVE COSTS TO the amendments made by this Act for such PREVENT DUPLICATION OF SUCH fiscal year shall be reduced by the amount of Congress made with the enactment of PAYMENTS UNDER TANF. such appropriations so allotted and obligated the Violence Against Women Act. Section 1903 of the Social Security Act (42 before such date. Among several other fixes, the bill U.S.C. 1396b) is amended— strengthens privacy protections for (1) in subsection (a)(7), by striking ‘‘section By Mr. LEAHY: victims of domestic violence. It con- 1919(g)(3)(B)’’ and inserting ‘‘subsection (h)’’; S. 327. A bill to amend the Violence tains provisions to ease the burden on (2) in subsection (a)(2)(D) by inserting ‘‘, Against Women Act of 1994 and the victims of domestic violence to obtain subject to subsection (g)(3)(C) of such sec- Omnibus Crime Control and Safe public housing benefits. It eliminates tion’’ after ‘‘as are attributable to State ac- tivities under section 1919(g)’’; and Streets Act of 1968 to improve assist- an existing loophole that often results (3) by adding after subsection (g) the fol- ance to domestic and sexual violence in the inappropriate administration of lowing new subsection: victims and provide for technical cor- polygraph examinations to victims of ‘‘(h) REDUCTION IN PAYMENTS FOR ADMINIS- rections; to the Committee on the Ju- terrible crimes. The legislation also TRATIVE COSTS TO PREVENT DUPLICATION OF diciary. contains provisions to strengthen pro- PAYMENTS UNDER TITLE IV.—Beginning with Mr. LEAHY. Mr. President, I am tections in existing law for battered the calendar quarter commencing April 1, pleased to introduce the Improving As- immigrant women. With these impor- 2009, the Secretary shall reduce the amount sistance to Domestic and Sexual Vio- tant changes to the Violence Against paid to each State under subsection (a)(7) for lence Victims Act of 2009 to make ur- Women Act, Congress will ensure that each quarter by an amount equal to 1⁄4 of the annualized amount determined for the Med- gently needed improvements to the Vi- the law is as effective and strong as it icaid program under section 16(k)(2)(B) of the olence Against Women Act, VAWA. was intended to be and that it can Food Stamp Act of 1977 (7 U.S.C. The bill makes corrections and im- meet the needs of those it seeks to pro- 2025(k)(2)(B)).’’. provements so that this law, a law that tect as we move forward. I hope all

VerDate Mar 15 2010 10:38 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR09\S26JA9.001 S26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 26, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 1489 Senators will join in support of this ef- (4) by designating subparagraph (E) as sub- ernment, or unit of local government cer- fort. paragraph (H) and inserting after subpara- tifies that it does not make available pub- Mr. President, I ask unanimous con- graph (D) the following: licly on the Internet any information regard- sent that the text of the bill be placed ‘‘(E) STATUTORILY PERMITTED REPORTS OF ing the filing for or issuance, modification, ABUSE OR NEGLECT.—Nothing in this para- registration, extension, or enforcement of a in the RECORD. There being no objection, the text of graph shall prohibit a grantee or subgrantee protection order, restraining order, or in- from reporting abuse and neglect, as those junction in either the issuing or enforcing the bill was ordered to be printed in terms are defined by law, and where man- State, tribal, or territorial jurisdiction, if the RECORD, as follows: dated or expressly permitted by the State, such publication would be likely to publicly S. 327 tribe, or territory involved. reveal the identity or location of the party Be it enacted by the Senate and House of Rep- ‘‘(F) PREEMPTION.—The provisions of this protected under such order. resentatives of the United States of America in paragraph shall not supersede any other pro- ‘‘(b) EXCEPTION.—A State, Indian tribe, or Congress assembled, vision of Federal, State, tribal, territorial, territory may share court-generated and law SECTION 1. SHORT TITLE. or local law relating to the privacy or con- enforcement-generated information about an This Act may be cited as the ‘‘Improving fidentiality of information to the extent to order or injunction described in subsection Assistance to Domestic and Sexual Violence which such other provision provides greater (a) if such information is contained in se- Victims Act of 2009’’. privacy or confidentiality protection than cure, governmental registries for purposes of SEC. 2. DEFINITIONS AND UNIVERSAL GRANT this paragraph for victims of domestic vio- enforcing orders and injunctions described in CONDITIONS UNDER VAWA. lence, dating violence, sexual assault, or subsection (a). (a) YOUTH DEFINITION.—Section 40002(a)(37) stalking. ‘‘(c) EFFECTIVE DATE.—A State, Indian tribal government, or unit of local govern- of the Violence Against Women Act of 1994 ‘‘(G) CERTAIN MINORS AND PERSONS WITH ment must meet the requirements of sub- (42 U.S.C. 13925(a)(37)) is amended to read as GUARDIANS.—If a minor or a person with a section (a) and (b) by the later of— follows: court-appointed guardian is permitted by ‘‘(1) 2 years from the date of enactment of ‘‘(37) YOUTH.—The term ‘youth’ means in- law to receive services without the parent’s the Improving Assistance to Domestic and dividuals who are between the ages of 12 and or guardian’s consent or authorization, the Sexual Violence Victims Act of 2009; or 24.’’. minor or person with a court-appointed ‘‘(2) the period ending on the date on which (b) EXPERTISE REQUIREMENT.—Section guardian may consent to a disclosure, rev- the next session of the State legislature 40002(b)(11) of the Violence Against Women elation, or release of information. In no case ends.’’. Act of 1994 (42 U.S.C. 13925(b)(11)) is amended may consent or authorization for release of by adding at the end the following: ‘‘The Di- (e) HEALTH CARE PROFESSIONALS.—Section information be given by the abuser of the rector of the Office on Violence Against 2010(c) of the Omnibus Crime Control and minor, or person with a court-appointed Women shall ensure that training or tech- Safe Streets Act of 1968 (42 U.S.C. 3796gg–4) is guardian, or the abuser of the other parent nical assistance will be developed and pro- amended by striking ‘‘trained examiners for’’ of the minor.’’. vided by entities having demonstrated exper- and inserting ‘‘health care professionals for (e) EFFECTIVE DATE.—The amendments tise in the purposes, uses of funds, and other adult and youth’’. made by this section shall apply to grants aspects of the grant program for which such (f) RURAL STATE.—Section 40002 (a)(22) of training or technical assistance is pro- awarded for periods beginning on or after Oc- the Violence Against Women Act of 1994 (42 vided.’’. tober 1, 2009. U.S.C. 13925 (a)(22)) is amended by striking (c) MATCHING REQUIREMENT.—Section SEC. 3. CRIMINAL JUSTICE. ‘‘150,000 people, based on the most recent de- 40002(b)(1) of the Violence Against Women (a) APPLICATION REQUIREMENTS.— cennial census’’ and inserting ‘‘200,000 peo- Act of 1994 (42 U.S.C. 13925(b)(1)) is amended (1) IN GENERAL.—Section 2007(d) of the Om- ple, based on the decennial census of 2000’’. to read as follows: nibus Crime Control and Safe Streets Act of (g) COSTS FOR CRIMINAL CHARGES AND PRO- ‘‘(1) MATCH.—No matching funds shall be 1968 (42 U.S.C. 3796gg–1(d)) is amended— TECTION ORDERS.—Section 2011(a)(1) of the required for a grant or subgrant made under (A) in paragraph (3) by striking ‘‘and’’ Omnibus Crime Control and Safe Streets Act this title for— after the semicolon; of 1968 (42 U.S.C. 3796gg–5 (a)(1)) is amended ‘‘(A) any tribe, territory, or victim service (B) in paragraph (4), by striking the period by inserting ‘‘dating violence,’’ before provider; or and inserting ‘‘and’’; and ‘‘stalking’’. ‘‘(B) any other entity, including a State, (C) by inserting at the end the following: (h) GRANTS TO ENCOURAGE ARREST POLI- that the Attorney General determines has ‘‘(5) proof of compliance with the require- CIES AND ENFORCEMENT OF PROTECTION OR- adequately demonstrated financial need.’’. ments prohibiting the publication of protec- DERS.—Section 2101(c)(4) of the Omnibus (d) TREATMENT OF CONFIDENTIAL INFORMA- tion order information on the Internet pro- Crime Control and Safe Streets Act of 1968 TION.—Section 40002(b)(2) of the Violence vided in section 2013A.’’. (42 U.S.C. 3796hh(c)(4)) is amended by insert- Against Women Act of 1994 (42 U.S.C. (2) EFFECTIVE DATE.—The amendments ing ‘‘dating violence,’’ before ‘‘stalking’’. 13925(b)(2)) is amended— made by paragraph (1) shall apply to grants SEC. 4. FAMILIES. (1) in subparagraph (A), by inserting ‘‘pri- awarded for periods beginning on or after Oc- (a) IN GENERAL.—Section 41304 of the Vio- vacy and’’ before ‘‘safety’’; tober 1, 2009. lence Against Women Act of 1994 (42 U.S.C. (2) in subparagraph (B)— (b) STATE AND FEDERAL OBLIGATIONS.—Sec- 14043d–3) is amended— (A) by striking ‘‘and (D)’’ and inserting ‘‘, tion 2007(f) of the Omnibus Crime Control (1) in subsection (a)— (D), (E), (F), (G), and (H)’’; and Safe Streets Act of 1968 (42 U.S.C. 3796gg– (A) in paragraph (1), by striking ‘‘Attorney (B) in clause (i)— 1(f)) is amended to read as follows: General, acting through the Director of the (i) by inserting ‘‘, reveal, or release’’ after ‘‘(f) FEDERAL SHARE.— Office on Violence Against Women, and in ‘‘disclose’’; and ‘‘(1) IN GENERAL.—Except as provided under collaboration with the Department of Health (ii) by inserting ‘‘, regardless of whether paragraph (2), the Federal share of a grant and Human Services’’ and inserting ‘‘Sec- the information is encoded, encrypted, made under this subtitle may not exceed 75 retary of Health and Human Services (in this hashed, or otherwise protected,’’ after ‘‘indi- percent of the total costs of the projects de- section referred to as the ‘Secretary’), vidual information’’; and scribed in the application submitted. through the Administration for Children, (C) in clause (ii)— ‘‘(2) EXEMPTION FROM MATCHING FUNDS.—No Youth and Families’’; (i) by striking ‘‘reveal’’ and inserting ‘‘dis- matching funds shall be required for that (B) in paragraph (2), by striking ‘‘Director’’ close, reveal, or release’’; portion of a grant that is subgranted to any and inserting ‘‘Secretary’’; and (ii) by striking each place it appears ‘‘con- tribe or for victims services.’’. (C) in paragraph (3), by striking ‘‘Director’’ sent’’ and inserting ‘‘consent or authoriza- (c) LIMITS ON INTERNET PUBLICATION OF and inserting ‘‘Secretary’’; and tion’’; PROTECTION ORDER INFORMATION.—Section (2) in subsection (d)(1), by striking both (iii) by striking ‘‘persons with disabilities’’ 2265(d) of title 18, United States Code, is places it appears ‘‘Director’’ and inserting and inserting ‘‘a person with a court-ap- amended by striking paragraph (3). ‘‘Secretary’’. pointed guardian’’; and (d) STATE CERTIFICATION.—Part T of the (b) EFFECTIVE DATE.—The amendments (iv) by striking ‘‘person with disabilities’’ Omnibus Crime Control and Safe Streets Act made by subsection (a) shall apply to grants and inserting ‘‘person with a court-appointed of 1968 (42 U.S.C. 3796gg et seq.) is amended issued on or after October 1, 2009. guardian’’; by inserting after section 2013 the following: SEC. 5. HOUSING. (3) in subparagraph (C)— ‘‘SEC. 2013A. LIMITS ON INTERNET PUBLICATION (a) SECTION 6.—Section 6(u)(1)(A) of the (A) by inserting ‘‘disclosure, revelation, OF PROTECTION ORDER INFORMA- United States Housing Act of 1937 (42 U.S.C. or’’ after ‘‘If’’; TION. 1437d) is amended by inserting ‘‘, as described (B) in clause (i), by inserting ‘‘, revelation, ‘‘(a) IN GENERAL.—A State, Indian tribal in subparagraph (C),’’ after ‘‘HUD approved or release’’ after ‘‘disclosure’’; and government, or unit of local government certification form’’. (C) in clause (ii), by inserting ‘‘disclosure, shall not be eligible to receive funds under (b) SECTION 8.—Section 8(ee)(1)(A) of the revelation, or’’ after ‘‘affected by the’’; and this part unless the State, Indian tribal gov- United States Housing Act of 1937 (42 U.S.C.

VerDate Mar 15 2010 10:38 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR09\S26JA9.001 S26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 1490 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 26, 2009 1437f) is amended by inserting ‘‘, as described volved for purposes of enabling the grantee tively, to provide at the request of a victim in subparagraph (C),’’ after ‘‘HUD approved to complete the activities agreed to under or the parent or guardian of a victim— certification form’’. the terms of the grant provided that no addi- ‘‘(A) anonymous and confidential free test- SEC. 6. ECONOMIC SECURITY. tional funds may be provided under this sec- ing for the victim for the human immuno- (a) AUTHORITY.—Section 41501(a) of the Vi- tion pursuant to such extension. deficiency virus (HIV), Hepatitis B, Hepatitis olence Against Women Act of 1994 (42 U.S.C. ‘‘(e) TECHNICAL ASSISTANCE.— C, and other sexually transmitted infections 14043f(a)) is amended— ‘‘(1) IN GENERAL.—Not later than 6 months as medically appropriate; (1) by striking ‘‘The Attorney General’’ after the date of receipt of funding for this ‘‘(B) as soon as practicable, notification to and inserting the following: program, the Director of the Office on Vio- the victim, or parent or guardian of a victim, ‘‘(1) IN GENERAL.—The Attorney General’’; lence Against Women shall set aside and dis- of the testing results; and perse not less than 6 percent of the total ‘‘(C) anonymous and confidential free fol- (2) by striking the last sentence and insert- amount of the funds made available under low-up testing for the victim as medically ing the following: this section for the purpose of entering into appropriate; ‘‘(2) INFORMATION AND ASSISTANCE.—The re- cooperative agreements with qualified tribal ‘‘(D) free prophylaxis and treatment as source center shall provide information and organizations to provide technical assistance necessary for the victim; assistance to— and training to Indian tribes to address vio- ‘‘(E) free counseling and support to the vic- ‘‘(A) employers and labor organizations to lence against Indian women. Such training tim regarding any health care concerns of aid in their efforts to develop and implement and technical experience shall be specifically the victim with respect to the human im- responses to such violence; and designed to address the unique legal status munodeficiency virus (HIV), Hepatitis B, ‘‘(B) victim service providers, including and geographic circumstances of the Indian Hepatitis C, and other sexually transmitted community-based organizations, State do- tribes receiving funds under this section. infections; and mestic violence coalitions, State sexual as- ‘‘(2) QUALIFIED TRIBAL ORGANIZATION.—For ‘‘(F) assurances that the test results of the sault coalitions, and tribal coalitions, to en- purposes of paragraph (1), a qualified tribal victim shall remain confidential unless oth- able to them to provide resource materials organization is a tribal organization with erwise provided by law; and or other assistance to employers, labor orga- demonstrated experience in providing train- ‘‘(3) provides assurances to the satisfaction nizations, or employees.’’. ing and technical experience to Indian tribes of the Attorney General that its laws will be (b) ENTITIES PROVIDING ASSISTANCE.—Sec- in addressing violence against Indian in compliance with the requirements of para- tion 41501 (c)(1) of the Violence Against women.’’. graph (1) or (2) by a date that is not later Women Act of 1994 (42 U.S.C. 14043f(c)(1)) is (2) EFFECTIVE DATE.—The amendment than the latter of the following dates: amended by striking ‘‘and labor organiza- made by paragraph (1) shall apply to grants ‘‘(A) The date that is 2 years after the date tions’’ and inserting ‘‘, labor organizations, made on or after October 1, 2009. of the enactment of the Improving Assist- victim service providers, community-based SEC. 8. POLYGRAPH PROCEDURES. ance to Domestic and Sexual Violence Vic- organizations, State domestic violence coali- (a) STOP GRANTS.—Section 2013(a) of the tims Act of 2009. tions, State sexual assault coalitions, and Omnibus Crime Control and Safe Streets Act ‘‘(B) The date on which the next session of tribal coalitions’’. of 1968 (42 U.S.C. 3796gg–8(a)) is amended by the State legislature ends.’’. SEC. 7. TRIBAL ISSUES. striking ‘‘as a condition for proceeding with SEC. 11. CLARIFICATION OF THE TERM CUL- (a) CONSULTATION.—Section 903 of the Vio- the investigation of such an offense’’. TURALLY AND LINGUISTICALLY SPE- lence Against Women and Department of (b) GRANTS TO ENCOURAGE ARREST.—Sec- CIFIC. Justice Reauthorization Act of 2005 is tion 2101(c)(5)(A) of the Omnibus Crime Con- (a) DEFINITIONS.—Section 40002(a) of the Vi- amended by inserting at the end the fol- trol and Safe Streets Act of 1968 (42 U.S.C. olence Against Women Act of 1994 (42 U.S.C. 13925(a)) is amended— lowing: 3796hh(c)(5)(A)) is amended by striking ‘‘as a (1) by striking paragraph (17) and redesig- ‘‘(c) REPORTS TO CONGRESS.—Not later than condition for proceeding with the investiga- 3 months after the date of each of the annual tion of such an offense’’. nating the subsequent paragraphs accord- consultations, beginning with the first con- (c) EFFECTIVE DATE.—The amendments ingly; and sultation following the date of the enact- made by subsections (a) and (b) shall apply (2) by inserting after paragraph (5) the fol- ment of this subsection, the Attorney Gen- to grants made on or after the latter of the lowing new paragraphs and redesignating the eral shall submit to the Committee on In- following dates: subsequent paragraphs (as redesignated by dian Affairs and the Committee on the Judi- (1) The date that is 2 years after the date paragraph (1)) accordingly: ciary of the Senate and the Committee on of the enactment of this Act. ‘‘(6) CULTURALLY SPECIFIC.—The terms ‘cul- the Judiciary and the Committee on Natural (2) The date on which the next session of turally specific’ and ‘culturally and linguis- Resources of the House of Representatives a the State legislature of the State involved tically specific’ mean specific to racial and report summarizing the annual consulta- ends. ethnic minority groups (as defined in section tions involved, any request of Indian tribes SEC. 9. SEXUAL ASSAULT NURSE EXAMINERS. 1707(g) of the Public Health Service Act (42 made pursuant to such consultations for en- Section 2101(b) of the Omnibus Crime Con- U.S.C. 300u–6(g))). hancing the safety of Indian women, and the trol and Safe Streets Act of 1968 (42 U.S.C. ‘‘(7) CULTURALLY AND LINGUISTICALLY SPE- investigative efforts of the Federal Bureau of 3796hh(b)) is amended by adding at the end CIFIC SERVICES.—The terms ‘culturally and Investigation and prosecutorial efforts of the the following new paragraph: linguistically specific services’ and ‘cul- United States Attorneys on cases of domes- ‘‘(14) To provide for sexual assault forensic turally specific services’ mean community- tic violence, sexual assault, dating violence, medical personnel examiners in the collec- based services that offer full linguistic ac- and stalking, involving adult Indian women. tion and preservation of evidence, expert tes- cess and culturally specific services and re- The first of such reports shall include the timony, and treatment of trauma related to sources, including outreach, collaboration, total number of investigations, indictments, sexual assault.’’. and support mechanisms primarily directed declinations, and convictions of cases de- SEC. 10. SEXUALLY TRANSMITTED INFECTION toward culturally specific communities.’’. (b) COLLABORATIVE GRANTS TO INCREASE scribed in the previous sentence for the 3 TESTING AND TREATMENT. THE LONG-TERM STABILITY OF VICTIMS.—Sec- years preceding the annual consultation in- Section 2101 of the Omnibus Crime Control tion 41404 of the Violence Against Women volved and each subsequent report shall in- and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is amended— Act of 1994 (42 U.S.C. 13701 et seq.) is amend- clude the total number of investigations, in- ed in subsection (f)(1) by striking ‘‘linguis- (1) in subsection (b), as amended by section dictments, declination, and convictions of tically and culturally’’ and inserting ‘‘cul- 9, by adding at the end the following new such cases for the year preceding the annual turally and linguistically’’. paragraph: consultation involved.’’. (c) GRANTS TO COMBAT VIOLENCE AGAINST ‘‘(15) To develop human immunodeficiency (b) GRANTS TO INDIAN TRIBAL GOVERN- WOMEN IN PUBLIC AND ASSISTED HOUSING.— MENTS.— virus (HIV), Hepatitis B, Hepatitis C, and Section 41405 of the Violence Against Women (1) IN GENERAL.—Section 2015 of the Omni- sexually transmitted infection testing and Act of 1994 (42 U.S.C. 13701 et seq.) is amend- bus Crime Control and Safe Streets Act of treatment programs for sexual assault vic- ed in subsection (c)(2)(D) by striking ‘‘lin- 1968 (42 U.S.C. 3796gg–10) is amended by add- tims that include notification, treatment, guistically and culturally’’ and inserting ing at the end the following: counseling, and confidentiality protocols.’’; ‘‘culturally and linguistically’’. ‘‘(c) AVAILABILITY.—Funds appropriated and (d) STATE GRANTS.—Section 2007(e)(2)(D) of under this section shall remain available (2) in subsection (d)— the Omnibus Crime Control and Safe Streets until expended and may only be used for the (A) by inserting ‘‘OR TREATMENT’’ after Act of 1968 (42 U.S.C. 3796gg–1(e)(2)(D)) is activities described in this section. ‘‘NOTICE’’; and amended by striking ‘‘linguistically and cul- ‘‘(d) DURATION.—Grants made under this (B) by striking paragraph (2) and inserting turally’’ and inserting ‘‘culturally and lin- section shall be for a period of 24 months. the following: guistically’’. Upon request of a grantee, the tribal deputy ‘‘(2) certifies it has a law that requires the (e) SEXUAL ASSAULT SERVICES.—Section director may extend the grant period in- State or unit of local government, respec- 2014 of the Omnibus Crime Control and Safe

VerDate Mar 15 2010 10:38 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR09\S26JA9.001 S26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 26, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 1491 Streets Act of 1968 (42 U.S.C. 14043g) is fect on the date of the enactment of this Act Act confidentiality-protected victims and amended— and shall apply to applications filed before, their derivative family members.’’. (1) in subsection (b)— on, or after such date. (b) EFFECTIVE DATE.—The amendments (A) in paragraph (1), by striking ‘‘and other SEC. 16. T AND U NONIMMIGRANT PROTECTIONS. made by subsection (a) shall take effect on programs and projects’’; (a) IN GENERAL.—Section the date of the enactment of this Act and (B) in paragraph (2)(B)— 107(b)(1)(E)(i)(II)(aa) of the Trafficking Vic- shall apply to applications filed before, on, (i) by striking ‘‘and other nonprofit, non- tims Protection Act of 2000 (22 U.S.C. or after such date. governmental organizations for programs 7105(b)(1)(E)(i)(II)(aa)) is amended by strik- and activities’’; and ing ‘‘bona fide’’ and inserting ‘‘prima facie’’. By Mr. LEAHY. (ii) by inserting ‘‘to sexual assault vic- (b) CONFORMING AMENDMENT.—Section S. 329. A bill to amend the Internal tims’’ after ‘‘that provide direct intervention 214(p)(6) of the Immigration and Nationality Revenue Code of 1986 to extend the and related assistance’’; and Act (8 U.S.C. 1184(p)(6)) is amended by strik- nonbusiness energy property credit for (C) in paragraph (2)(C)(v), by striking ‘‘lin- ing ‘‘bona fide’’ and inserting ‘‘prima facie’’. property placed in service during 2008; guistically and culturally’’ and inserting (c) EFFECTIVE DATE.—The amendments to the Committee on Finance. ‘‘culturally and linguistically’’; made by this section shall take effect on the Mr. LEAHY. Mr. President, I ask (2) in subsection (c)(2)(A) by striking ‘‘that date of the enactment of this Act and shall unanimous consent that the text of the focuses primarily on’’ and inserting ‘‘whose apply to applications filed before, on, or bill be printed in the RECORD,. primary mission is to address one or more’’; after such date. There being no objection, the text of (3) in subsection (c)(2)(C) by striking ‘‘lin- SEC. 17. U NONIMMIGRANT ADJUSTMENT OF STA- guistically and culturally’’ and inserting TUS. the bill was ordered to be placed in the ‘‘culturally and linguistically’’; and (a) IN GENERAL.—Section 245(m)(3) of the RECORD, as follows: (4) in subsection (c)(4)(B) by deleting ‘‘un- Immigration and Nationality Act (8 U.S.C. S. 329 derserved’’. 1255(m)(3)) is amended by inserting ‘‘or an Be it enacted by the Senate and House of Rep- (f) ENHANCING CULTURALLY AND LINGUIS- unmarried sibling under 18 years of age on resentatives of the United States of America in TICALLY SPECIFIC SERVICES FOR VICTIMS OF the date of such application for adjustment Congress assembled, DOMESTIC VIOLENCE, DATING VIOLENCE, SEX- of status under paragraph (1),’’ after ‘‘a par- SECTION 1. EXTENSION OF NONBUSINESS EN- UAL ASSAULT, AND STALKING.—Section 121 of ent’’. ERGY PROPERTY CREDIT FOR PROP- the Violence Against Women and Depart- (b) EFFECTIVE DATE.—The amendment ERTY PLACED IN SERVICE DURING ment of Justice Reauthorization Act of 2005 made by this section shall take effect on the 2008. (42 U.S.C. 14045a) is amended— date of the enactment of this Act and shall (a) IN GENERAL.—Subsection (g) of section (1) in subsection (b)(1)(A) by inserting ‘‘for apply to applications filed before, on, or 25C of the Internal Revenue Code of 1986 is culturally and linguistically specific popu- after such date. amended to read as follows: ‘‘(g) TERMINATION.—This section shall not lations’’ after ‘‘resources’’; SEC. 18. CONFORMING AMENDMENT CON- (2) in subsection (b)(1)(B) by inserting ‘‘cul- FIRMING HOUSING ASSISTANCE FOR apply with respect to any property placed in turally and linguistically specific’’ before QUALIFIED ALIENS. service after December 31, 2009.’’. ‘‘resources for’’; and (a) IN GENERAL.—Section 214 of the Hous- (b) EFFECTIVE DATE.—The amendment (3) in subsection (g) by striking ‘‘linguistic ing and Community Development Act of 1980 made by this section shall apply to property and culturally’’ and inserting ‘‘culturally (42 U.S.C. 1436a) is amended— placed in service after December 31, 2007. and linguistically’’. (1) in subsection (a)— f SEC. 12. NATIONAL RESOURCE CENTER GRANTS (A) in paragraph (6), by striking ‘‘or’’ at TECHNICAL AMENDMENT. the end; SUBMITTED RESOLUTIONS Section 41501(b)(3) of the Violence Against (B) by redesignating paragraph (7) as para- Women Act of 1994 (42 U.S.C. 14043f(b)(3)) is graph (8); and amended by striking ‘‘for materials’’. (C) by inserting after paragraph (6) the fol- SENATE RESOLUTION 20—CELE- SEC. 13. ANALYSIS AND RESEARCH ON VIOLENCE lowing: BRATING THE 60TH ANNIVER- AGAINST INDIAN WOMEN. ‘‘(7) a qualified alien described in section SARY OF THE NORTH ATLANTIC Section 904(a)(1) of the Violence Against 431 of the Personal Responsibility and Work TREATY ORGANIZATION Women and Department of Justice Reauthor- Opportunity Reconciliation Act of 1996 (8 Mr. VOINOVICH (for himself and Mr. ization Act of 2005 (42 U.S.C. 3796gg–10(a)(1) U.S.C. 1641); or’’; and CASEY) submitted the following resolu- note) is amended by striking ‘‘in Indian (2) in subsection (c)— country’’ and inserting ‘‘on land owned or (A) in paragraph (1)(A), by striking ‘‘(6)’’ tion; which was referred to the Com- held in trust for the benefit of an Indian and inserting ‘‘(7)’’; and mittee on Foreign Relations: tribe included on the list published under (B) in paragraph (2)(A), in the matter pre- S. RES. 20 section 104 of the Federally Recognized In- ceding clause (i), by inserting ‘‘(other than a Whereas the North Atlantic Treaty Organi- dian Tribe List Act of 1994 (25 U.S.C. 479a– qualified alien described in section 431 of the zation (NATO) will celebrate its 60th anni- 1)’’. Personal Responsibility and Work Oppor- versary at a summit to be held on April 4, SEC. 14. MOTIONS TO REOPEN. tunity Reconciliation Act of 1996 (8 U.S.C. 2009, in Kehl, Germany, and Strasbourg, (a) IN GENERAL.—Section 240(c)(7)(C)(iv)(I) 1641)’’ after ‘‘any alien’’. France; of the Immigration and Nationality Act (8 (b) EFFECTIVE DATE.—The amendments Whereas this summit will be held along the U.S.C. 1229a(c)(7)(C)(iv)(I)) is amended to made by subsection (a) shall apply to appli- border of France and Germany to commemo- read as follows: cations for public benefits and public bene- rate the historic post-war reconciliation in ‘‘(I) if the basis for the motion is to apply fits provided on or after the date of the en- Europe that NATO has done so much to fa- for relief under subparagraph (T) or (U) of actment of this Act without regard to cilitate; section 101(a)(15), clause (iii) or (iv) of sec- whether regulations to carry out such Whereas for 60 years, NATO has served as tion 204(a)(1)(A), clause (ii) or (iii) of section amendments have been implemented. the preeminent organization to defend the 204(a)(1)(B), section 240A(b)(2), section SEC. 19. PROCESSING OF CERTAIN VISAS. territory of its member states against all ex- 244(a)(3) (as in effect on March 31, 1997), or (a) IN GENERAL.—Section 238(b)(5) of the ternal security threats; subsection (l) or (m) of section 245;’’. William Wilberforce Trafficking Victims Whereas the security of the United States (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on Protection Reauthorization Act of 2008 (Pub- is inseparably linked to the peace and sta- the date of the enactment of this Act and lic Law 110–457; 122 Stat 5085) is amended to bility of the European continent by the par- shall apply to applications filed before, on, read as follows: ticipation of the United States in NATO; or after such date. ‘‘(5) Measures taken to ensure that— Whereas the security of the United States ‘‘(A) the Office of Policy and Strategy at has been significantly enhanced by the inte- SEC. 15. EXTENSION OF T NONIMMIGRANT STA- TUS. United States Citizenship and Immigration gration of security and military structures (a) IN GENERAL.—Section 214(o)(7) of the Services leads policy and program develop- in the United States and Europe achieved by Immigration and Nationality Act (8 U.S.C. ment with regard to Violence Against NATO; 1184(o)(7)) is amended by adding at the end Women Act confidentiality-protected vic- Whereas NATO continues to promote a Eu- the following: tims and their derivative family members; rope that is whole, undivided, free, and at ‘‘(D) An alien may apply for extension of and peace; status under subparagraph (B) retroactively ‘‘(B) there is routine consultation with the Whereas NATO continues to support an after the expiration of nonimmigrant status Office on Policy and Strategy during the de- open–door policy of admitting states that under subparagraph 101(a)(15)(T).’’. velopment of any other Department of can contribute to the promotion and protec- (b) EFFECTIVE DATE.—The amendments Homeland Security regulation or operational tion of freedom, democracy, stability, and made by under subsection (a) shall take ef- policy that impacts Violence Against Women peace throughout Europe;

VerDate Mar 15 2010 10:38 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR09\S26JA9.001 S26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 1492 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 26, 2009 Whereas, since the end of the Cold War, Senate may promote the administration of U.S.C. 309 note) is amended by adding at the NATO has continued to redefine and trans- justice, the Senate will take such action as end the following: form itself and to take on new missions, in will promote the ends of justice consistent ‘‘(D) EXPIRED COUPONS.—The Assistant Sec- order to ensure that each NATO member with the privileges of the Senate: Now, retary may issue to a household, upon re- state can defend itself against emerging therefore, be it Resolved that David Urban is quest by the household, one replacement threats such as terrorism, the spread of authorized to testify in United States of coupon for each coupon that was issued to weapons of mass destruction, instability America v. Vincent J. Fumo, et al., except such household and that expired without caused by failed states, cyber attacks, pi- concerning matters for which a privilege being redeemed.’’. racy, and threats to global energy security; should be asserted. (b) CONFORMING AMENDMENT.—Section Whereas NATO continues to help stabilize f 3005(c)(1)(A) of the Digital Television Transi- the Balkans through the deployment of tion and Public Safety Act of 2005 (47 U.S.C. troops to Kosovo; AMENDMENTS SUBMITTED AND 309 note) is amended by striking ‘‘receives, Whereas NATO has deployed naval assets PROPOSED via the United States Postal Service,’’ and to the Gulf of Aden to address the growing inserting ‘‘redeems’’. SA 38. Mr. ROCKEFELLER (for himself, threat of piracy in the region and to help SEC. 4. IMPLEMENTATION. protect the delivery of United Nations food Mrs. HUTCHISON, Mr. KERRY, Ms. KLOBUCHAR, (a) PERMISSIVE EARLY TERMINATION UNDER assistance to Somalia; Mr. PRYOR, Mr. SCHUMER, Mr. HARKIN, Mr. EXISTING REQUIREMENTS.—Nothing in this Whereas after the 2001 terrorist attacks on KOHL, Mr. CASEY, and Mr. SANDERS) sub- Act is intended to prevent a licensee of a tel- the United States, Article 5 of the North At- mitted an amendment intended to be pro- evision broadcast station from terminating lantic Treaty, signed at Washington April 4, posed by him to the bill S. 328, to postpone the broadcasting of such station’s analog tel- 1949 (TIAS 1964), was invoked for the first the DTV transition date. evision signal (and continuing to broadcast time in the history of the organization, and f exclusively in the digital television service) NATO deployed 50,000 troops from all 26 prior to the date established by law under NATO member states to Afghanistan to re- TEXT OF AMENDMENTS section 3002(b) of the Digital Television spond to a dangerous insurgency and ter- SA 38. Mr. ROCKEFELLER (for him- Transition and Public Safety Act of 2005 for rorist threat and to help re-build a shattered self, Mrs. HUTCHISON, Mr. KERRY, Ms. termination of all licenses for full-power tel- country; evision stations in the analog television Whereas the challenges that continue to be KLOBUCHAR, Mr. PRYOR, Mr. SCHUMER, service (as amended by section 2 of this Act) posed by the resurgence of the Taliban and Mr. HARKIN, Mr. KOHL, Mr. CASEY, and so long as such prior termination is con- the illicit drug trade in Afghanistan high- Mr. SANDERS) submitted an amend- ducted in accordance with the Federal Com- light the need for a sustained and strength- ment intended to be proposed by him munications Commission’s requirements in ened NATO presence in Afghanistan; to the bill S. 328, to postpone the DTV effect on the date of enactment of this Act, Whereas NATO continues to enhance the transition date; as follows: including the flexible procedures established security of Europe and the world by Strike out all after the enacting clause and in the Matter of Third Periodic Review of strengthening partnerships with countries insert the following: the Commission’s Rules and Policies Affect- around the world; and ing the Conversion to Digital Television Whereas Congress continues to support SECTION 1. SHORT TITLE. (FCC 07–228, MB Docket No. 07–91, released NATO, the leadership role of the United This Act may be cited as the ‘‘DTV Delay December 31, 2007). States Government in European security af- Act’’. fairs, and the continued enlargement of SEC. 2. POSTPONEMENT OF DTV TRANSITION (b) PUBLIC SAFETY RADIO SERVICES.— NATO: Now, therefore, be it DATE. (1) USE ON CLEARED SPECTRUM.—Notwith- Resolved, That the Senate— (a) IN GENERAL.—Section 3002(b) of the Dig- standing the amendments made by section 2, (1) celebrates the 60th anniversary of the ital Television Transition and Public Safety if— North Atlantic Treaty Organization; Act of 2005 (47 U.S.C. 309 note) is amended— (A) a television broadcast station ceases (2) reaffirms that the North Atlantic Trea- (1) by striking ‘‘February 18, 2009;’’ in para- the broadcasting of such station’s analog tel- ty Organization is strong, enduring, and ori- graph (1) and inserting ‘‘June 13, 2009;’’; and evision service under subsection (a) of this ented for the challenges of the future; and (2) by striking ‘‘February 18, 2009,’’ in para- section prior to June 12, 2009, and (3) expresses appreciation for— graph (2) and inserting ‘‘that date’’. (B) as a consequence of such cessation, (A) the steadfast partnership between the (b) EXTENSION OF COUPON PROGRAM.—Sec- spectrum between frequencies 768 and 776 North Atlantic Treaty Organization and the tion 3005(c)(1)(A) of that Act (47 U.S.C. 309 megahertz, inclusive, and 798 and 806 mega- United States Government; and note) is amended by striking ‘‘March 31, hertz, inclusive, becomes available for non- (B) the work of the North Atlantic Treaty 2009,’’ and inserting ‘‘July 31, 2009,’’. television broadcast use prior to June 12, Organization to ensure peace, security, and (c) CONFORMING AMENDMENTS.— 2009, stability in Europe and throughout the (1) Section 3008(a)(1) of that Act (47 U.S.C. the Federal Communications Commission world. 309 note) is amended by striking ‘‘February shall permit the use of such spectrum for au- 17, 2009.’’ and inserting ‘‘June 12, 2009.’’. thorized public safety radio services if the f (2) Section 309(j)(14)(A) of the Communica- Commission determines that such use is in SENATE RESOLUTION 21—TO AU- tions Act of 1934 (47 U.S.C. 309(j)(14)(A)) is the public interest and does not cause harm- THORIZE TESTIMONY IN UNITED amended by striking ‘‘February 17, 2009.’’ and ful interference to full-power television sta- inserting ‘‘June 12, 2009.’’. tions in the analog or digital television serv- STATES OF AMERICA v. VINCENT (3) Section 337(e)(1) of the Communications ice. J. FUMO, ET AL. Act of 1934 (47 U.S.C. 337(e)(1)) is amended by (2) EXPEDITED PROCEDURES.—The Federal Mr. RElD (for himself and Mr. striking ‘‘February 17, 2009,’’ and inserting Communications Commission may use expe- MCCONNELL) submitted the following ‘‘June 12, 2009,’’. dited procedures, and may waive such rules resolution; which was considered and (d) LICENSE TERMS.— as may be necessary, to make a determina- (1) EXTENSION.—The Federal Communica- tion on an application made under paragraph agreed to: tions Commission shall extend the terms of (1) to begin such use of such spectrum by a S. RES. 21 the licenses for the recovered spectrum, in- public safety agency (as such term is defined Whereas, in the case of United States of cluding the license period and construction in section 3006(d)(1) of the Digital Television America v. Vincent J. Fumo, et al, Cr. No. requirements associated with those licenses, Transition and Public Safety Act of 2005) in 06–319, pending in the United States District for a 116-day period. not less than 2 weeks after the date of sub- Court for the Eastern District of Pennsyl- (2) DEFINITION.—In this subsection, the mission of such application. vania, testimony has been subpoenaed from term ‘‘recovered spectrum’’ means— (c) EXPEDITED RULEMAKING.—Notwith- David Urban, a former employee of the office (A) the recovered analog spectrum, as such standing any other provision of law, the Fed- of Senator Arlen Specter; term is defined in section 309(j)(15)(C)(vi) of eral Communications Commission and the Whereas, by the privileges of the Senate of the Communications Act of 1934; and National Telecommunications Information the United States and Rule XI of the Stand- (B) the spectrum excluded from the defini- Administration shall, not later than 30 days ing Rules of the Senate, no evidence under tion of recovered analog spectrum by sub- after the date of enactment of this Act, each the control or in the possession of the Senate clauses (I) and (II) of such section. adopt or revise its rules, regulations, or or- may, by the judicial or administrative proc- SEC. 3. MODIFICATION OF DIGITAL-TO-ANALOG ders or take such other actions as may be ess, be taken from such control or possession CONVERTER BOX PROGRAM. necessary or appropriate to implement the but by permission of the Senate; (a) TREATMENT OF EXPIRED COUPONS.—Sec- provisions, and carry out the purposes, of Whereas, when it appears that evidence tion 3005(c)(1) of the Digital Television Tran- this Act and the amendments made by this under the control or in the possession of the sition and Public Safety Act of 2005 (47 Act.

VerDate Mar 15 2010 10:38 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR09\S26JA9.001 S26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 26, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 1493 SEC. 5. EXTENSION OF COMMISSION AUCTION dreadfully wrong—and leaving con- plan for minimizing consumer disrup- AUTHORITY. sumers with the consequences. It is no tion. I voted against this bill because it Section 309(j)(11) of the Communications secret that the outgoing administra- failed to spend any resources building a Act of 1934 (47 U.S.C. 309(j)(11)) is amended by striking ‘‘2011.’’ and inserting ‘‘2012.’’. tion grossly mismanaged the digital national interoperable public safety television transition. The coupon pro- communications network in the spec- SEC. 6. EMERGENCY DESIGNATION. trum vacated by analog broadcasting. Each amount made available under section gram that was designed to help con- 3005 of the Digital Television Transition and sumers defray the cost of converter Voting no was by no means a popular Public Safety Act of 2005 (47 U.S.C. 309 note) boxes to ensure the continued func- thing to do. In fact, I was one of only as a result of the amendments made by this tioning of their analog television sets three ‘‘no’’ votes in the Commerce Act is designated as an emergency require- has a waiting list of over 2 million. Committee. ment and necessary to meet emergency This number will multiply to millions Last year, I introduced and the Con- needs pursuant to section 204(a) of S. Con. more in the weeks ahead. Making a dif- gress passed the SAFER Act. This leg- Res. 21 (110th Congress) and section 301(b)(2) ficult situation even worse, we also islation provided the Federal Commu- of S. Con. Res. 70 (110th Congress), the con- face the frightful specter of converter nications Commission with authority current resolutions on the budget for fiscal to extend analog television broad- years 2008 and 2009. box shortages. On top of this, consumers are aware casting so that essential public safety f of the transition, but confused about announcements and DTV transition PRIVILEGES OF THE FLOOR its consequences. One study suggests could be viewed in the days following the February 17 transition. I now be- The PRESIDING OFFICER. The Sen- that while recognition of the transition is widespread, an alarming 63 percent lieve that this is not enough. It is a ator from Montana is recognized. meaningful bandage, but the situation Mr. BAUCUS. Mr. President, I ask have major misconceptions about just what steps they need to take to pre- we face requires more intensive care. unanimous consent that the following The DTV Delay Act will not fix all of pare. Calling centers at the Depart- Finance Committee detailees, fellows, the problems associated with the tran- ment of Commerce and Federal Com- and interns be allowed floor privileges sition. More work needs to be done to munications Commission are ill- during the consideration of H.R. 2: ensure that consumers are aware of the equipped to deal with the avalanche of Mary Baker, Lauren Bishop, Pete Har- transition and get the help they need. calls that are expected on February 17 vey, Laura Hoffmeister, Matt Kazan, But it gives us all the time to do the and in the days and weeks after. Con- Bridget Mallon, Toni Miles, Kelcy transition right. Time to develop a new sumers will be on their own, forced to Poulson, Aris Prasetiyo, Daniel Stein, plan, time to implement a new set of navigate through the messy rubble of a and Kelley Whitener. ideas to manage the transition, and botched transition. The PRESIDING OFFICER. Without time to make sure that in the switch I believe we can and should do better. objection, it is so ordered. to digital signals no American is left Doing better means more than cobbling behind. Senator HUTCHISON and I are f together the failed efforts of the last committed to making sure every administration. Doing better requires DTV DELAY ACT American is able to manage the DTV more attention and more resources. Mr. ROCKEFELLER. Mr. President, I transition without undue hardship. We But above all, it will require more ask unanimous consent that the Sen- are working on initiatives to be in- time—to get the DTV transition right. cluded in the economic recovery pack- ate proceed to the immediate consider- This is why last week I introduced age. If we are able to make substantial ation of S. 328, introduced earlier today the DTV Delay Act. I asked the Senate progress on the administration of the by Senator ROCKEFELLER. to delay the date of the transition from The PRESIDING OFFICER. The transition this should be the last delay February 17 to June 12, 2009. This will we have to seek. Barring unforeseen clerk will report the bill by title. give us the time we need to develop an The legislative clerk read as follows: emergencies, we should not have an- approach that puts consumers first and other delay. I know the Obama admin- A bill (S. 328) to postpone the DTV transi- provides them with the assistance they tion date. istration shares our commitment to need. getting this right so that we can avoid There being no objection, the Senate In the interim, I have been working any further delays. proceeded to consider the bill. with the distinguished ranking member So we have a choice, we can proceed Mr. ROCKEFELLER. Mr. President, of the Senate Commerce, Science and with the DTV Delay Act or weeks from on February 17, 2009—less than 1 month Transportation Committee, Senator today we can survey the wreckage of a from today—our Nation is scheduled to HUTCHISON, to modify and improve the failed effort to transition to digital make the transition to digital tele- language of my earlier bill in an effort broadcasting, complete with angry con- vision, or DTV. On this day, full-power to broaden support and speed its pas- sumers, converter box troubles, and television stations across the country sage. calling centers overwhelmed with con- will stop broadcasting in analog and I rise again today to introduce, now sumer complaints. Worse, should a switch to digital signals. with my good friend Senator tragedy strike, we face the prospect of The way I see it, right now we have HUTCHISON, an amended version of the millions of consumers without access a choice. We can do the DTV transition DTV Delay Act. This version incor- to television, without a lifeline for right or we can do it wrong. Doing it porates adjustments to help manage news and information that may be nec- right would mean that as many as 21 the transition in affected communities, essary to protect them from harm. million households across this country including a provision that makes clear Again, we have a choice. And I know do not lose access to news, information that despite this date change the tran- what I choose. I choose that we delay and emergency alerts. Doing it right sition needs of broadcasters and public this transition because I believe we would mean that every consumer who safety officials will be respected. owe the American people a successful relies on over the-air television is Let me be clear. This legislation is migration to digital television. Today aware of the steps they need to take to not perfect. But it represents a turning will be the second time that the major- ensure continued reception and receive point—a start. The record will reflect ity leader has sought consent on the the assistance they need to prepare for that I have spent years advocating a DTV Delay Act. We simply can’t keep the transition in their home. And doing different course. I voted against the coming back again and again to delay it right means that no one across this Deficit Reduction Act of 2005, which set as time is running out. We must act land wakes up on February 18 to find this hard date for the transition deep now because we will not have the abil- that their television set has gone dark. in the winter. I voted against this bill ity to address consumer needs if we But the shameful truth is that we are in both the Commerce Committee and wait much longer. not poised to do this transition right. during its consideration by the full I ask my colleagues to do the same. We are only weeks away from doing it Senate because it fell short of a real I warn those who would stand in the

VerDate Mar 15 2010 10:38 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\BR09\S26JA9.001 S26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 1494 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 26, 2009 way, who dismiss my sense of urgency, broadcasters and cable operators have (2) Section 309(j)(14)(A) of the Communica- that should they force us to keep to made considerable efforts to educate tions Act of 1934 (47 U.S.C. 309(j)(14)(A)) is our current course, it is the American the public as to the current date, and amended by striking ‘‘February 17, 2009.’’ and public who will bear the brunt of their these efforts should be commended. A inserting ‘‘June 12, 2009.’’. delayed transition date will undoubt- (3) Section 337(e)(1) of the Communications opposition. We owe our citizens so Act of 1934 (47 U.S.C. 337(e)(1)) is amended by much more than this. So I ask my col- edly result in some increased cost to striking ‘‘February 17, 2009,’’ and inserting leagues to join me and support the those responsible for facilitating the ‘‘June 12, 2009,’’. DTV Delay Act. transition. I am also aware that li- (d) LICENSE TERMS.— Mr. KERRY. Mr. President, I support censes have been granted to operate in (1) EXTENSION.—The Federal Communica- the incoming chairman of the Com- this spectrum after the transition date. tions Commission shall extend the terms of merce Committee as well as the Presi- These licenses were issued to the win- the licenses for the recovered spectrum, in- dent in the effort to delay the digital ning bidders in last year’s 700 MHz cluding the license period and construction requirements associated with those licenses, television transition date because I be- spectrum auction, which resulted in nearly $20 billion in Federal revenues. for a 116-day period. lieve that the Federal Government’s (2) DEFINITION.—In this subsection, the first responsibility in administering Additionally, public safety organiza- term ‘‘recovered spectrum’’ means— this transition is to the consumers who tions across the country have been (A) the recovered analog spectrum, as such stand to lose television reception in issued licenses to operate in portions of term is defined in section 309(j)(15)(C)(vi) of just 22 days. On January 4, the Na- the spectrum following the February 17 the Communications Act of 1934; and tional Telecommunications and Infor- statutory transition date. Congress, (B) the spectrum excluded from the defini- mation Administration, NTIA, an- NTIA, and the Federal Communica- tion of recovered analog spectrum by sub- clauses (I) and (II) of such section. nounced that the program designated tions Commission, FCC, should work to mitigate economic injury wherever SEC. 3. MODIFICATION OF DIGITAL-TO-ANALOG to distribute coupons to consumers in CONVERTER BOX PROGRAM. need of digital converter boxes did not possible for all parties involved in the ongoing effort to execute a smooth (a) TREATMENT OF EXPIRED COUPONS.—Sec- have sufficient resources to meet pro- tion 3005(c)(1) of the Digital Television Tran- transition. gram demand. Just over 2 weeks later, sition and Public Safety Act of 2005 (47 I also agree with Ranking Member more than 2.6 million requests for cou- U.S.C. 309 note) is amended by adding at the HUTCHISON’s proposed changes to the end the following: pons, representing nearly 1.5 million chairman’s legislation, which would American households, have been placed ‘‘(D) EXPIRED COUPONS.—The Assistant Sec- permit the NTIA to reissue expired retary may issue to a household, upon re- on a waiting list. Without an infusion coupons that go unused, extend the quest by the household, one replacement of additional funds for this program, term of auctioned licenses by 116 days, coupon for each coupon that was issued to these coupons will not be delivered. and clarify broadcasters’ ability to such household and that expired without Senator ROCKEFELLER is advocating transition to digital-only transmission being redeemed.’’. legislation to postpone the upcoming early, as well as the ability for public (b) CONFORMING AMENDMENT.—Section DTV transition date from February 17, 3005(c)(1)(A) of the Digital Television Transi- safety entities to have access to tion and Public Safety Act of 2005 (47 U.S.C. 2009, until June 12, 2009. I am a cospon- narrowband channels prior to the new sor of the Rockefeller bill. The legisla- 309 note) is amended by striking ‘‘receives, deadline. These are important changes via the United States Postal Service,’’ and tion is a response to a January 8 letter that will help to make the transition inserting ‘‘redeems’’. sent by President Obama’s transition go smoothly. SEC. 4. IMPLEMENTATION. team co-chairman, John Podesta, I urge all of my colleagues to support (a) PERMISSIVE EARLY TERMINATION UNDER which clearly stated the President’s be- the DTV Delay Act. EXISTING REQUIREMENTS.—Nothing in this lief that the DTV transition should be Mr. ROCKEFELLER. Mr. President, I Act is intended to prevent a licensee of a tel- delayed. ask unanimous consent that a Rocke- evision broadcast station from terminating A high percentage of Americans who feller-Hutchison substitute amend- the broadcasting of such station’s analog tel- rely on over the air broadcast tele- ment, which is at the desk, be agreed evision signal (and continuing to broadcast vision are low-income or elderly and do to; the bill, as amended, be read a third exclusively in the digital television service) not have the financial means to pur- time and passed; the motions to recon- prior to the date established by law under section 3002(b) of the Digital Television chase a converter box without a cou- sider be laid upon the table, with no in- Transition and Public Safety Act of 2005 for pon. If these households do not have a tervening action or debate; and that termination of all licenses for full-power tel- converter box when the statutorily any statements related to the bill be evision stations in the analog television mandated switch to digital television printed in the RECORD. service (as amended by section 2 of this Act) takes place, they will be left without The PRESIDING OFFICER. Without so long as such prior termination is con- access to critical news, information objection, it is so ordered. ducted in accordance with the Federal Com- and emergency broadcasts. The amendment (No. 38) was agreed munications Commission’s requirements in To ensure that every request for a to, as follows: effect on the date of enactment of this Act, coupon is met, Congress will need to (Purpose: To postpone the DTV transition including the flexible procedures established date) in the Matter of Third Periodic Review of appropriate additional funds for the the Commission’s Rules and Policies Affect- coupon program. I support efforts to Strike out all after the enacting clause and insert the following: ing the Conversion to Digital Television provide additional funding necessary to (FCC 07–228, MB Docket No. 07–91, released SECTION 1. SHORT TITLE. cover each and every coupon request. I This Act may be cited as the ‘‘DTV Delay December 31, 2007). UBLIC SAFETY RADIO SERVICES.— also support making additional funds Act’’. (b) P (1) USE ON CLEARED SPECTRUM.—Notwith- available for the outreach and edu- SEC. 2. POSTPONEMENT OF DTV TRANSITION standing the amendments made by section 2, cation efforts that will be necessary to DATE. if— ensure as smooth a transition as pos- (a) IN GENERAL.—Section 3002(b) of the Dig- ital Television Transition and Public Safety (A) a television broadcast station ceases sible. In the coming weeks, the Senate the broadcasting of such station’s analog tel- will consider economic stimulus legis- Act of 2005 (47 U.S.C. 309 note) is amended— (1) by striking ‘‘February 18, 2009;’’ in para- evision service under subsection (a) of this lation, and I hope this additional fund- graph (1) and inserting ‘‘June 13, 2009;’’; and section prior to June 12, 2009, and ing will be included in this bill. Before (2) by striking ‘‘February 18, 2009,’’ in para- (B) as a consequence of such cessation, we reach that point however, it is im- graph (2) and inserting ‘‘that date’’. spectrum between frequencies 768 and 776 perative that Congress delays the tran- (b) EXTENSION OF COUPON PROGRAM.—Sec- megahertz, inclusive, and 798 and 806 mega- sition date so consumers currently on tion 3005(c)(1)(A) of that Act (47 U.S.C. 309 hertz, inclusive, becomes available for non- television broadcast use prior to June 12, the waiting list have sufficient time to note) is amended by striking ‘‘March 31, 2009,’’ and inserting ‘‘July 31, 2009,’’. 2009, the Federal Communications Commis- receive and redeem their coupons. (c) CONFORMING AMENDMENTS.— sion shall permit the use of such spectrum There is no question that delaying (1) Section 3008(a)(1) of that Act (47 U.S.C. for authorized public safety radio services if the date will come with considerable 309 note) is amended by striking ‘‘February the Commission determines that such use is cost to some parties. The Nation’s 17, 2009.’’ and inserting ‘‘June 12, 2009.’’. in the public interest and does not cause

VerDate Mar 15 2010 10:38 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR09\S26JA9.001 S26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 26, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 1495 harmful interference to full-power television and the Senate return to legislative lution be agreed to, the preamble be stations in the analog or digital television session. agreed to, the motions to reconsider be service. The PRESIDING OFFICER. Without laid upon the table with no intervening (2) EXPEDITED PROCEDURES.—The Federal objection, it is so ordered. action or debate, and any statements Communications Commission may use expe- The nomination considered and con- dited procedures, and may waive such rules related to the resolution be printed in as may be necessary, to make a determina- firmed is as follows: the RECORD. tion on an application made under paragraph SECURITIES AND EXCHANGE COMMISSION The PRESIDING OFFICER. Without (1) to begin such use of such spectrum by a Mary L. Schapiro, of the District of Colum- objection, it is so ordered. public safety agency (as such term is defined bia, to be a Member of the Securities and Ex- The resolution (S. Res. 21) was agreed in section 3006(d)(1) of the Digital Television change Commission for the remainder of the to. Transition and Public Safety Act of 2005) in term expiring June 5, 2009. The preamble was agreed to. not less than 2 weeks after the date of sub- f The resolution, with its preamble, mission of such application. reads as follows: (c) EXPEDITED RULEMAKING.—Notwith- LEGISLATIVE SESSION standing any other provision of law, the Fed- The PRESIDING OFFICER. The Sen- S. RES. 21 eral Communications Commission and the ate will now return to legislative ses- Whereas, in the case of United States of National Telecommunications Information sion. America v. Vincent J. Fumo, et al, Cr. No. Administration shall, not later than 30 days 06–319, pending in the United States District after the date of enactment of this Act, each f Court for the Eastern District of Pennsyl- adopt or revise its rules, regulations, or or- AUTHORIZATION OF TESTIMONY vania, testimony has been subpoenaed from ders or take such other actions as may be David Urban, a former employee of the office necessary or appropriate to implement the Mr. ROCKEFELLER. Mr. President, I of Senator Arlen Specter; provisions, and carry out the purposes, of ask unanimous consent that the Sen- Whereas, by the privileges of the Senate of this Act and the amendments made by this ate proceed to the immediate consider- the United States and Rule XI of the Stand- Act. ation of S. Res. 21 submitted earlier ing Rules of the Senate, no evidence under SEC. 5. EXTENSION OF COMMISSION AUCTION today. the control or in the possession of the Senate AUTHORITY. The PRESIDING OFFICER. The may, by the judicial or administrative proc- Section 309(j)(11) of the Communications clerk will report the resolution by ess, be taken from such control or possession but by permission of the Senate; Act of 1934 (47 U.S.C. 309(j)(11)) is amended by title. striking ‘‘2011.’’ and inserting ‘‘2012.’’. Whereas, when it appears that evidence The assistant legislative clerk read under the control or in the possession of the SEC. 6. EMERGENCY DESIGNATION. as follows: Senate may promote the administration of Each amount made available under section A resolution (S. Res. 21) to authorize testi- justice, the Senate will take such action as 3005 of the Digital Television Transition and mony in United States of America v. Vincent will promote the ends of justice consistent Public Safety Act of 2005 (47 U.S.C. 309 note) J. Fumo, et al. with the privileges of the Senate: Now, as a result of the amendments made by this There being no objection, the Senate therefore, be it Resolved that David Urban is Act is designated as an emergency require- authorized to testify in United States of ment and necessary to meet emergency proceeded to consider the resolution. Mr. REID. Mr. President, this resolu- America v. Vincent J. Fumo, et al., except needs pursuant to section 204(a) of S. Con. concerning matters for which a privilege Res. 21 (110th Congress) and section 301(b)(2) tion concerns a subpoena for testimony should be asserted. of S. Con. Res. 70 (110th Congress), the con- in a criminal case against former current resolutions on the budget for fiscal Pennsylvania State Senator Vincent J. f years 2008 and 2009. Fumo in the United States District APPOINTMENT The bill (S. 328), as amended, was or- Court for the Eastern District of Penn- The PRESIDING OFFICER. The dered to be engrossed for a third read- sylvania. In this case, Mr. Fumo and Chair, on behalf of the Majority Lead- ing, was read the third time, and two others are charged with multiple er, pursuant to Public Law 96–114, as passed. counts of conspiracy, fraud, obstruc- amended, appoints the following indi- Mr. ROCKEFELLER. I suggest the tion of justice, and filing false tax re- vidual to the Congressional Award absence of a quorum. turns. Among the charges is that Mr. Board: Rodney Slater of the District of The PRESIDING OFFICER. The Fumo, as chairman of the Senate Columbia. clerk will call the roll. Democratic Appropriations Com- f The assistant legislative clerk pro- mittee, arranged for a friend, referred ceeded to call the roll. to as ‘‘Senate Contractor No. 5’’ in the ORDERS FOR TUESDAY, JANUARY Mr. ROCKEFELLER. Mr. President, I indictment, to obtain a contract under 27, 2009 ask unanimous consent that the order which he was paid $150,000 over 5 years, Mr. ROCKEFELLER. Mr. President, I for the quorum call be rescinded. but performed little or no work. To ask unanimous consent that when the The PRESIDING OFFICER. Without rebut the allegation that no work was Senate completes its business today, it objection, it is so ordered. performed under the contract, the de- stand in adjournment until 10 a.m. to- f fense has subpoenaed Senator SPEC- morrow, Tuesday, January 27; that fol- TER’s former chief of staff, David lowing the prayer and the pledge, the EXECUTIVE SESSION Urban, to testify as a fact witness at Journal of proceedings be approved to trial as to contracts about and a meet- date, the morning hour be deemed ex- ing he had with Senate Contractor No. pired, the time for the two leaders be NOMINATION OF MARY L. 5 during that 5-year contract. During reserved for their use later in the day, SCHAPIRO that meeting, which was a typical and the Senate resume consideration of Mr. ROCKEFELLER. Mr. President, I meeting for a United States Senate of- H.R. 2, the Children’s Health Insurance ask unanimous consent that the Sen- fice, Senate Contractor No. 5 explored Program Reauthorization; further, ate proceed to executive session to con- possible federal funding for a low-in- that the Senate recess following the sider the nomination of Mary L. come housing project in South Phila- swearing in of Senate appointee- Schapiro to fill an unexpired term, re- delphia. Neither the meeting nor the GILLIBRAND until 2:15 p.m. to allow for ceived today; that the Senate then pro- project itself are the subject of the the weekly caucus luncheons to meet. ceed to the consideration of the nomi- criminal complaint. Senator SPECTER The PRESIDING OFFICER. Without nation; that the nomination be con- has no objection to allowing the testi- objection, it is so ordered. firmed, and the motion to reconsider be mony. f laid upon the table; that any state- The enclosed resolution would au- ments relating thereto be printed in thorize Mr. Urban to testify in this ADJOURNMENT UNTIL 10 A.M. the RECORD; that no further motions be matter. TOMORROW in order; that the President be imme- Mr. ROCKEFELLER. Mr. President, I Mr. ROCKEFELLER. Mr. President, diately notified of the Senate’s action; ask unanimous consent that the reso- if there is no further business to come

VerDate Mar 15 2010 10:38 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR09\S26JA9.001 S26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 1496 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 26, 2009 before the Senate, I ask unanimous COMMISSION FOR THE REMAINDER OF THE TERM EXPIR- DEPARTMENT OF THE TREASURY ING JUNE 5, 2009, VICE CHRISTOPHER COX, RESIGNED. consent that it stand adjourned under TIMOTHY F. GEITHNER, OF NEW YORK, TO BE SEC- the previous order. DEPARTMENT OF JUSTICE RETARY OF THE TREASURY. There being no objection, the Senate, ELENA KAGAN, OF MASSACHUSETTS, TO BE SOLICITOR THE ABOVE NOMINATION WAS APPROVED SUBJECT TO GENERAL OF THE UNITED STATES, VICE GREGORY G. THE NOMINEE’S COMMITMENT TO RESPOND TO RE- at 6:57 p.m, adjourned until Tuesday, GARRE, RESIGNED. QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY January 27, 2009, at 10 a.m. DAVID W. OGDEN, OF VIRGINIA, TO BE DEPUTY ATTOR- CONSTITUTED COMMITTEE OF THE SENATE. NEY GENERAL, VICE MARK R. FILIP. f SECURITIES AND EXCHANGE COMMISSION NOMINATIONS f MARY L. SCHAPIRO, OF THE DISTRICT OF COLUMBIA, TO BE A MEMBER OF THE SECURITIES AND EXCHANGE Executive nominations received by COMMISSION FOR THE REMAINDER OF THE TERM EXPIR- the Senate: CONFIRMATIONS ING JUNE 5, 2009. SECURITIES AND EXCHANGE COMMISSION Executive nominations confirmed by MARY L. SCHAPIRO, OF THE DISTRICT OF COLUMBIA, TO BE A MEMBER OF THE SECURITIES AND EXCHANGE the Senate Monday, January 26, 2009:

VerDate Mar 15 2010 10:38 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00056 Fmt 0686 Sfmt 9801 E:\BR09\S26JA9.002 S26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 26, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 1497 HOUSE OF REPRESENTATIVES—Monday, January 26, 2009

The House met at 12:30 p.m. and was right painful one when you apply your Committee on Tuesday to ask that the called to order by the Speaker pro tem- calculator to the long-term fiscal chal- amendment be made in order so that it pore (Ms. EDWARDS of Maryland). lenge posed by entitlement programs.’’ can be voted on by the full House dur- f Federal Reserve Chairman Bernanke ing the stimulus debate. has said, ‘‘The quality of the future we If we look the other way now, Con- DESIGNATION OF SPEAKER PRO will endow to our children and our gress will have fundamentally failed TEMPORE grandchildren will depend in important the American people. Congress will The SPEAKER pro tempore laid be- measure on how well we rise to that oc- have to explain to the American people fore the House the following commu- casion.’’ that when it had the chance to act in nication from the Speaker: I could stand here all day quoting dif- the best interests of future genera- WASHINGTON, DC, ferent experts about our Nation’s grave tions, meaning children and grand- January 26, 2009. long-term outlook. I believe that most children and existing generations, it I hereby appoint the Honorable DONNA F. Americans know that our country is chose to do nothing. EDWARDS to act as Speaker pro tempore on facing dire economic conditions that Make no mistake. This could well be this day. will continue to deteriorate unless we the toughest economic issue our Na- NANCY PELOSI, change our current course. The fact is tion will be faced with, but we can’t af- Speaker of the House of Representatives. the American people are ahead of the ford to wait. The future of the children f Congress. and grandchildren hang in the balance. As elected officials and Members of I will end with President Obama’s MORNING-HOUR DEBATE the 111th Congress, we have an obliga- words from his inaugural address. He The SPEAKER pro tempore. Pursu- tion, a moral obligation, to find solu- said that the current state of affairs is ant to the order of the House of Janu- tions to the long-term nightmare that the result of ‘‘our collective failure to ary 6, 2009, the Chair will now recog- our children and grandchildren will make hard choices and prepare the Na- nize Members from lists submitted by wake up to should we choose to do tion for a new age.’’ He went on to say the majority and minority leaders for nothing. We are talking about over $56 that ‘‘our time of standing pat, of pro- morning-hour debate. trillion in unfunded obligations tecting narrow interests and putting The Chair will alternate recognition through Social Security, Medicare and off unpleasant decisions, that time has between the parties, with each party Medicaid, the national debt nearing $12 surely passed.’’ I could not agree more. limited to 30 minutes and each Mem- trillion, and China now holding the For years I encouraged the Bush ad- ber, other than the majority and mi- paper on 1 out of every 10 American ministration to adopt this process. nority leaders and the minority whip, dollars. America is now being sold to They did not. We have also reached out limited to 5 minutes. China. Does that make this Congress to the new administration and his eco- f feel very good? nomic team. By letting the stimulus legislation This is an economic, moral, and THE STIMULUS PROPOSAL AND pass the House without addressing the generational issue, and I am astounded LONG-TERM BUDGET CONTROLS underlying problem of out-of-control as we prepare to debate the stimulus The SPEAKER pro tempore. The spending, we are evading our responsi- on the floor that we are doing so with- Chair recognizes the gentleman from bility as Members of Congress. David out having bipartisan entitlement re- Virginia (Mr. WOLF) for 5 minutes. Brooks said this package has no ‘‘stra- form as part of the underlying package. Mr. WOLF. Madam Speaker, I know tegic vision.’’ He said it has a rel- f that each Member of this body, Demo- atively modest short-term impact, and crat and Republican, understands that then he said ‘‘there is no sunset.’’ PRESIDENT NOT WELL-SERVED BY our country is in trouble. The CBO re- Is it right for us to ignore the fact SOME ECONOMIC ADVISERS cently projected that the Federal budg- that we are mortgaging our children’s The SPEAKER pro tempore. The et deficit for the fiscal year, which and grandchildren’s future? We must Chair recognizes the gentleman from started last October, will balloon to set up a difficult bipartisan mechanism Oregon (Mr. DEFAZIO) for 5 minutes. $1.2 trillion. This number, which Sen- to deal with the underlying problem of Mr. DEFAZIO. Madam Speaker, to- ate Budget Chairman KENT CONRAD autopilot spending and show the Amer- day’s headlines are pretty grim about called ‘‘jaw-dropping,’’ does not include ican people that we can make the dif- job losses across America. The Bush the $825 billion stimulus plan we are ficult choices. legacy lives on. scheduled to consider in the House this There is a bipartisan plan already on George Bush has made a horrible week. the table to review Federal spending in hash out of this economy with his David Walker, former U.S. Comp- every area, entitlements and tax poli- trickle-down economics favoring those troller General, has said, ‘‘We should cies. It garnered the support of 110 at the top, with his deregulatory poli- not just engage in timely and targeted Members in the last Congress, Repub- cies, dismantling those things which stimulus. We need to put a process in lican and Democrat. You have heard protect consumers, people’s 401(k)s and place that will enable elected officials me talk about it many times. It is the their investments from fraud and to make a range of tough decisions,’’ Cooper-Wolf SAFE Commission plan, abuse, and with his unnecessary war. and this institution does not make similar to a Senate effort led by Budg- President Obama sees and realizes tough decision, ‘‘that have been de- et Chairman KENT CONRAD and Rank- the pain across America and wants to layed for too long.’’ ing Member JUDD GREGG. take positive steps to put people back Richard Fisher, president of the Fed- We offered the bipartisan SAFE Com- to work and get this economy back on eral Reserve Bank of Dallas, has called mission as an amendment when the Ap- course. That is the good news. our situation ‘‘catastrophic,’’ noting propriations Committee marked up the The bad news is that I don’t believe that ‘‘doing deficit math is always a stimulus last week. It failed on a most- the President is well-served by a num- sobering exercise. It becomes an out- ly partisan vote. I will go to the Rules ber of his economic advisers. Some of

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

VerDate Mar 15 2010 10:39 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR09\H26JA9.000 H26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 1498 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 January 26, 2009 them do not now, nor have they ever I know the President’s heart is in the Mr. KUCINICH. At a time when mil- believed, that rebuilding the founda- right place. I am hoping we can do a lions of Americans are losing jobs, tions of our economy with investment better bill. homes, pensions, our government is in infrastructure, putting millions to f prepared to give another trillion dol- work, increasing the wealth of the lars to the banks, ready to compound country, making us more efficient and RECESS the moral hazard by nationalizing competitive in the international econ- The SPEAKER pro tempore. Pursu- banks, which are allegedly profit-mak- omy, delivering our goods more fuel ef- ant to clause 12(a) of rule I, the Chair ing entities. This is anti-democratic. fectively, getting people out of conges- declares the House in recess until 2 Instead of nationalizing banks, we tion in their cars and getting them to p.m. today. should nationalize the money system work more efficiently, they don’t think Accordingly (at 12 o’clock and 40 by placing the Federal Reserve under those are good investments. They say minutes p.m.), the House stood in re- the U.S. Treasury, end the fractional that is not what we want. They want cess until 2 p.m. reserve and stop banks from lending tax cuts. They want other spending credit into circulation. Then, instead that is more immediate. We do not f of borrowing money from the banks need another consumer-driven, bor- b 1400 and creating debt, government can rowed-money—because all this money spend the money into circulation to re- is borrowed—bubble for this economy. AFTER RECESS build and restore America with money We need to get back to basics. We need The recess having expired, the House for jobs, housing, health care, and edu- to rebuild our foundations. was called to order by the Speaker pro cation. I will soon be introducing legis- Unfortunately, this bill dedicates tempore (Mr. DEFAZIO) at 2 p.m. lation to accomplish this. about 6 percent, 6 percent of $825 bil- Banking is not a proper function of f lion, to our transportation infrastruc- the government, but oversight is. The ture. In contrast, the Chinese are PRAYER Treasury Department should not be outsourcing to the Fed its oversight re- spending, over the next 2 years, $600 The Chaplain, the Reverend Daniel P. billion on their transportation infra- sponsibilities. The Fed, which failed Coughlin, offered the following prayer: miserably to oversee banks, should be structure to make their country more Lord, our God, Source of life and fuel efficient, to make their country put under Treasury instead. love, hear the prayer of Congress, both It’s time for our government to oper- more competitive. And we in the for the good of this Nation and the ate in the public interest, not in the in- United States can only come up with good of humanity around the world. terest of private banks. It’s time for us $40 billion for transportation infra- Help this Congress and the President to to stop bailing out banks and begin structure? discern Your will in our day. By draw- building up America. They say that it can’t be spent ing upon the truth taken from a diver- f quickly enough. That is not true. The sity of opinions, may a solid founda- list of deferred maintenance in projects tion be formed upon which a stable fu- THIS IS NOT A STIMULUS is long. The known need far exceeds ture may be built. (Mr. WILSON of South Carolina that short-term outlook, just for this May short-term gains or self-interest asked and was given permission to ad- year’s deficiency in investment. We never prove to be an obstacle to true dress the House for 1 minute and to re- could spend much more, we could spend vision. Rather, Lord, grant depth per- vise and extend his remarks.) it more productively, and we could put ception, clear analysis, and creative re- Mr. WILSON of South Carolina. Mr. millions of Americans back to work. sponse to the needs of our time for so- Speaker, I have significant concerns For every $1 billion we spend on lidifying the common good. For we about the spending bill before us this transportation infrastructure, by the freely choose to be Your people, and week. How will billions spent on school most conservative of estimates, you act accordingly, now and forever. snack programs and repairs to the get a six times multiplier effect in the Amen. Smithsonian Institution stimulate the economy and you put 28,000 to 30,000 economy? How will $3 billion being f people to work. For a dollar in tax spent for a prevention and wellness cuts, you get back, depending on THE JOURNAL fund stimulate the economy? whether or not people spend them or It is clear that this spending package use it to replenish their depleted sav- The SPEAKER pro tempore. The Chair has examined the Journal of the has become a one-stop shop for every ings, very, very little stimulative ef- item on a spending agenda—a massive, fect. last day’s proceedings and announces to the House his approval thereof. unprecedented spending bill aimed to The Bush tax cuts, $160 billion bor- bypass the normal appropriations proc- rowed last spring, gave us a whole one- Pursuant to clause 1, rule I, the Jour- nal stands approved. ess and subsidize a broad range of ex- quarter of one percent bounce in one isting and new government programs. quarter for the economy. $160 billion f We must do better, and together we borrowed, an obligation for the next 30 PLEDGE OF ALLEGIANCE can do better to create jobs. years for our kids and grandkids, and A targeted stimulus package of tax that is what we got? No, we need more The SPEAKER pro tempore. Will the relief and assistance for small busi- substantial investment. gentleman from New Mexico (Mr. nesses would fuel this Nation’s entre- There a lot of talk about ‘‘shovel- LUJA´ N) come forward and lead the preneurial spirit and help private in- ready.’’ There is a lot of talk about in- House in the Pledge of Allegiance. dustry and individuals create jobs. Our frastructure. We need to deliver on Mr. LUJA´ N led the Pledge of Alle- focus should be on growing the Amer- those promises, and thus far this legis- giance as follows: ican economy and not on growing an lation that is being proposed falls I pledge allegiance to the Flag of the already massive government. short. United States of America, and to the Repub- In conclusion, God bless our troops, I don’t fault my colleagues here. It is lic for which it stands, one nation under God, and we will never forget September the coming from the Senate. It is coming indivisible, with liberty and justice for all. 11th. from downtown. But we can do better. f f We are the people’s House, the House of Representatives. We don’t need to have TIME TO BUILD UP AMERICA LAND OF ENCHANTMENT $275 billion in tax cuts and we don’t (Mr. KUCINICH asked and was given (Mr. LUJA´ N asked and was given per- need to take those dictates from some- permission to address the House for 1 mission to address the House for 1 where else, and particularly the Presi- minute and to revise and extend his re- minute and to revise and extend his re- dent’s advisers when they are wrong. marks.) marks.)

VerDate Mar 15 2010 10:39 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR09\H26JA9.000 H26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 26, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 1499 Mr. LUJA´ N. Mr. Speaker, New Mex- States Congress in order to assume my du- protection of personal information on the ico is known as the Land of Enchant- ties as United States Senator. Internet; ment because of our people, beautiful Very truly yours, Whereas government officials from the landscapes, clear skies, and fresh air. KIRSTEN GILLIBRAND. United States and Europe, privacy profes- sionals, academics, legal scholars, represent- f My district is home to millions of acres atives of international businesses, and others of Federal lands and countless natural ANNOUNCEMENT BY THE SPEAKER with an interest in data privacy issues are resources—resources that create oppor- PRO TEMPORE working together on this date to further the tunities and challenges. discussion about data privacy and protec- One challenge my district faces is The SPEAKER pro tempore. Under tion; water availability and allocation. clause 5(d) of rule XX, the Chair an- Whereas privacy professionals and edu- Water projects on either side of the nounces to the House that, in light of cators are being encouraged to take the time State have been long planned, and now the resignation of the gentlewoman to discuss data privacy and protection issues with teens in high schools across the coun- may come to fruition. As someone who from New York (Mrs. GILLIBRAND), the whole number of the House is 433. try; tends to the acequia, the ditch on our Whereas the recognition of ‘‘National Data small family farm, I know the impor- f Privacy Day’’ will encourage more people na- tance of water to rural economies tionwide to be aware of data privacy con- across America. RECESS cerns and to take steps to protect their per- Land, water, and sustainability are The SPEAKER pro tempore. Pursu- sonal information online; and not only fundamental to life in my ant to clause 12(a) of rule I, the Chair Whereas January 28, 2009, would be an ap- State, they are fundamental to rich declares the House in recess subject to propriate day to designate as ‘‘National Data Privacy Day’’: Now, therefore, be it cultures and traditions that make New the call of the Chair. Resolved, That the House of Representa- Mexico great, like acequias and land Accordingly (at 2 o’clock and 7 min- tives— grants, which are an essential part of utes p.m.), the House stood in recess (1) supports the designation of a ‘‘National the rural economies of my district. subject to the call of the Chair. Data Privacy Day’’; (2) encourages State and local governments Let us work together in protecting f New Mexico’s rich culture and tradi- to observe the day with appropriate activi- tions. b 1730 ties that promote awareness of data privacy; (3) encourages privacy professionals and AFTER RECESS educators to discuss data privacy and protec- f The recess having expired, the House tion issues with teens in high schools across the United States; and RESIGNATION FROM THE HOUSE was called to order by the Speaker pro (4) encourages individuals across the Na- OF REPRESENTATIVES tempore (Ms. LORETTA SANCHEZ of Cali- tion to be aware of data privacy concerns fornia) at 5 o’clock and 30 minutes p.m. The SPEAKER pro tempore laid be- and to take steps to protect their personal information online. fore the House the following resigna- f The SPEAKER pro tempore. Pursu- tion from the House of Representa- ANNOUNCEMENT BY THE SPEAKER tives: ant to the rule, the gentleman from PRO TEMPORE Vermont (Mr. WELCH) and the gen- HOUSE OF REPRESENTATIVES, tleman from Florida (Mr. STEARNS) CANNON HOUSE OFFICE BUILDING, The SPEAKER pro tempore. Pursu- Washington, DC, January 26, 2009. ant to clause 8 of rule XX, the Chair each will control 20 minutes. Hon. NANCY PELOSI, will postpone further proceedings The Chair recognizes the gentleman Speaker of the House, House of Representatives, today on motions to suspend the rules from Vermont. Washington, DC. on which a recorded vote or the yeas GENERAL LEAVE DEAR MADAM SPEAKER, I am writing to re- and nays are ordered, or on which the Mr. WELCH. I ask unanimous con- sign my position as the United States Rep- vote is objected to under clause 6 of sent that all Members may have 5 leg- resentative for the 20th District of New York rule XX. islative days in which to revise and ex- effective Monday, January 26, 2009. Governor David Paterson of New York has selected me Record votes on postponed questions tend their remarks. to fill the vacancy left in the U.S. Senate by will be taken after 6:30 p.m. today. The SPEAKER pro tempore. Is there objection to the request of the gen- Hillary Rodham Clinton’s resignation to be- f come our Secretary of State. My letter of tleman from Vermont? resignation addressed to the New York Sec- NATIONAL DATA PRIVACY DAY There was no objection. retary of State is attached. Mr. WELCH. Madam Speaker, I move Mr. WELCH. Madam Speaker, I rise It has been a great privilege for me to to suspend the rules and agree to the in strong support today of House Reso- serve the constituents of New York’s 20th lution 31, introduced by Representative District in the House of Representatives for resolution (H. Res. 31) expressing sup- PRICE of North Carolina. This resolu- the past two years. I hope to build on the port for designation of January 28, 2009, work I began in this district, to help all of as ‘‘National Data Privacy Day’’. tion correctly identifies the impor- the people of New York. The Clerk read the title of the resolu- tance of data security in all of our I also want to thank you, Madam Speaker, tion. lives. Particularly, as we continue to my colleagues in the House, and in par- The text of the resolution is as fol- incorporate Internet use into our daily ticular the New York Congressional delega- lows: lives and routines, it’s vital that we tion. I am so grateful for my time in the focus on the need to protect the sen- H. RES. 31 House, for and the honor working with so sitive information that is transmitted many outstanding Members. I look forward Whereas the Internet and the capabilities over the Internet. to continuing our work and collaboration to of modern technology cause data privacy Over the past few years, as we all build a better New York and a better Amer- issues to figure prominently in the lives of ica. many people in the United States at work, in know, we have seen numerous and Thank you and God bless, their interaction with government and pub- troubling incidences involving data KIRSTEN E. GILLIBRAND. lic authorities, in the health field, in e-com- breach that compromise private infor- Attachment: merce transactions, and online generally; mation. That includes credit card num- HOUSE OF REPRESENTATIVES, Whereas many individuals are unaware of bers, bank statements, Social Security CANNON HOUSE OFFICE BUILDING, data protection and privacy laws generally numbers, and health records. Accord- Washington, DC, January 23, 2009. and of specific steps that can be taken to ing to the Privacy Rights Clearing- Hon. LORRAINE CORTES-VASQUEZ, help protect the privacy of personal informa- house, over 250 million records con- Secretary of State, Department of State, Wash- tion online; ington Avenue, Albany, NY. Whereas ‘‘National Data Privacy Day’’ taining sensitive personal information DEAR SECRETARY CORTES-VASQUEZ: This constitutes an international collaboration has been subject to security breaches letter is to inform you that effective imme- and a nationwide and statewide effort to since 2005. We know we have got to pro- diately, I resign my seat in the United raise awareness about data privacy and the tect security if we are going to have

VerDate Mar 15 2010 10:39 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR09\H26JA9.000 H26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 1500 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 January 26, 2009 the advantages of electronic trans- all know that—many are too often ne- nology, and Internet Subcommittee, I mission of records. glectful of their personal safety online. am especially concerned about the Just last week, it was reported that Young people who are participating in challenges that all of us face today pro- another data breach involving credit online social networking should be tecting the privacy of personal sen- and debit card information potentially made aware of the dangers of failing to sitive information. exposed tens of millions of consumers protect their personal data. They need Most of our work product and per- to the risk of fraud. These incidents to know that not everyone on sonal records are now, obviously, underscore the need for vigilance in Facebook or MySpace is a friend. digitally stored, as well as transferred. protecting the privacy of sensitive in- On Wednesday, educators and privacy The timesaving convenience of instan- formation. professionals across the country will taneous communications means we all At this time, Madam Speaker, I yield lead discussions with young people to rely heavily on the Internet and the such time as he may consume to the raise awareness about online privacy to latest state-of-the-art technology in author of the resolution, the gen- promote safe use of the Internet and to our simple daily interactions. And, tleman from North Carolina (Mr. help them learn about how to protect more often than not, all of our elec- PRICE). the privacy of their personal data. tronic communications leave behind a Mr. PRICE of North Carolina. I want I am especially proud of events in digital fingerprint that opens the po- to thank the gentleman from Vermont North Carolina surrounding Data Pri- tential for abuse if the information is for yielding, and for his good work in vacy Day. This week, the Carolina Pri- in the wrong hands. bringing this resolution to the floor. vacy Officials Network will host panels That is why it is pertinent that we, I am here as the lead sponsor, among on consent policy options in health as representatives of the American peo- many sponsors, of House Resolution 31, care, information security breaches, ple here in Congress, take the simple supporting the designation of January and off-shoring of data. At the Sanford initiative to draw awareness to the im- 28 as National Data Privacy Day. In Institute of Public Policy at Duke Uni- portance to protecting sensitive per- the last 10 years, the Internet has be- versity, representatives from Intel, the sonal information, including financial come the preferred carrier of commu- Institute for Homeland Security Solu- and health records, from misuse and nication in our society. Electronic tions, the Triangle Center on Ter- theft. communications dominate workplaces, rorism and Homeland Security, the Consumers must be vigilant in pro- and are increasingly prevalent in com- Provost’s Office at Duke University, tecting their data. They have a per- merce, in interactions between the the Duke Center for European Studies, sonal responsibility, and they must be public and government at every level, the Center for International Studies, cautious with whom they do business and through social networking sites on and the Triangle Institute for Security with. Likewise, we must continue to the Internet. Studies, will gather with officials from ensure that legitimate businesses While we have realized incredible ef- the United States Departments of which collect and store U.S. consumer ficiencies and other benefits from new State, Justice and Homeland Security, personal data will respect the privacy electronic technologies, those tech- as well as the European Commission, of those consumers at all times and nologies have also raised challenges for to discuss issues surrounding the pro- employ the necessary protections to protecting the privacy of personal and tection of national security and pri- safeguard that data. proprietary information. If we are vacy. Data security is not a new issue. We going to fully realize the potential of Madam Speaker, H. Res. 31 under- examined this problem related to data electronic communications, we must scores the importance of data privacy breaches in the Energy and Commerce address these challenges, and that is protection and expresses support for Committee as far back as the 109th what H. Res. 31 is all about. the designation of January 28, 2009, as Congress that were spurred by breaches Fortunately, we are off to a good National Data Privacy Day. I want to at data brokers affecting millions of start. On Wednesday, privacy profes- thank the Members who cosponsored our citizens. We learned that State sionals, corporations, government this important resolution, and mem- laws created numerous notice require- agencies, nonprofit organizations, aca- bers of the Energy and Commerce Com- ments that were to inform the cus- demic institutions, and students across mittee, Chairman WAXMAN, for moving tomer of these breaches, but it is un- the Nation are already planning to H. Res. 31 to the floor today. It’s a res- clear, Madam Speaker, how many data come together to raise awareness and olution that has good bipartisan sup- breaches occurred before those laws underscore the importance of data pri- port. I appreciate that support, and I took place. vacy protection as part of National urge my colleagues to support the Data Privacy Day. measure. The problem continues to affect Academic institutions such as the Mr. WELCH. I reserve the balance of countless Americans every year. In Wharton Business School, Arizona my time. fact, there are estimates of data State University, Santa Clara Law Mr. STEARNS. Madam Speaker, I breaches since 2005 that indicate that School, and Ohio State University, yield myself such time as I may con- as many as 251 million records have have planned events and panel discus- sume. been exposed or compromised. That is sions on a broad range of data privacy Madam Speaker, I am also pleased due to these breaches. issues ranging from information secu- that our data privacy resolution could The result is often credit card fraud rity best practices to data privacy be considered on the floor today, and I or, worse, identity theft, which can re- issues at public and private institu- would like to thank, obviously, Mr. quire time, money, and energy from tions of higher education. PRICE of North Carolina, for intro- consumers to repair their good name One of the major focuses of Data Pri- ducing this important resolution, as and, obviously, restore their credit his- vacy Day will be to educate teenagers the lead cosponsor on the Republican tory. about the importance of online pri- side. I am glad to be able to support it. Furthermore, universities all across vacy. An estimated 55 percent of Amer- As well as Chairman BARTON from the this Nation have had names, photos, ican teenagers with access to the Inter- Energy and Commerce Committee; Mr. phone numbers, and addresses of their net use social networking Web sites, MARKEY, the former chairman of the students and staff compromised or sto- and an even greater engage in real- Telecommunications Committee; and, len. Sensitive technology companies time information sharing through in- Mr. RADANOVICH, who will speak later, such as Science Applications Inter- stant messaging, cell phone text mes- for their support as well. national Corporation and Boeing have saging, and chat rooms. My colleagues, this resolution sup- also had data security breaches. While pre-teens, teenagers, and ports the designation of January 28 as Breaches have also occurred in large fi- young adults are often the most sophis- National Data Privacy Day. As ranking nancial institutions such as Bank of ticated and skilled Internet users—we member of the Communications, Tech- America and Wachovia Bank.

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I want to commend Mr. PRICE and count; a Social Security number, tax identifica- Breaches are pervasive in govern- Mr. STEARNS for bringing this resolu- tion number, driver’s license number, passport ment agencies such as the IRS, the tion before us today, and I want to number, or other government-issued identifica- Federal Trade Commission, the FDIC, thank Mr. BARTON, Mr. WAXMAN, and tion number; or any information if the informa- the State Department, the Department Mr. DINGELL for their continued efforts tion alone or in combination with other infor- of Veterans’ Affairs, the Department of to address this issue. I want to lend my mation personally identifies the individual. Justice and Energy, and the U.S. Navy. support to their efforts to educate the DATA PRIVACY Of course, the list goes on. American public about ways to protect According to the Privacy Rights Clearing Clearly, the resolution we are consid- their personal information. House, since February 2005, more than 100 ering tonight is timely. Just last week I look forward to continuing to work million records containing personal information we were reminded again of how perva- in this Congress to ensure the proper have been subject to some sort of security sive this problem is with the announce- security of data and appropriate notice breach. ment of Heartland Payment Systems, a to consumers when their information is credit card processor, that over 100 mil- lost or revealed and there is significant Data privacy concerns exist wherever per- lion personal records were com- risk of damage, financial or otherwise. sonally identifiable information is collected and promised. This could be, to date, one of I fully support the goals and ideals of stored—in digital form or otherwise. Improper the largest known security breaches in the National Data Privacy Day on Jan- or non-existent disclosure control can be the our Nation. uary 28, and I urge all my colleagues to root cause for privacy issues. Data privacy Thus, Madam Speaker, highlighting join in this effort. issues can arise in response to information problems such as this to Americans from a wide range of sources, such as: will increase their awareness and en- b 1745 healthcare records, criminal justice investiga- courage them to exercise more dili- Mr. STEARNS. I yield back the bal- tions and proceedings, financial institutions gence and care in protecting their per- ance of my time. and transactions, biological traits, such as ge- sonal information today. So I thank Mr. WELCH. Madam Speaker, I want netic material, residence and geographic my colleagues for their support and to thank Chairman PRICE and Ranking records. recognition of the importance of data Member STEARNS for this excellent res- The greatest challenge that we face in data privacy and the benefits of designating olution. It draws attention to the im- privacy is to share data while maintaining a January 28, 2009, as National Data Pri- portance of privacy protections by sup- high level of protection amongst personally vacy Day, and I look forward to gener- porting the designation of January 28, identifiable information. The ability to control ating support in my home State of 2009 as the National Data Privacy Day. what information one reveals about oneself Florida for this important initiative. It seeks to inform the public of data over the Internet, and who can access that in- I reserve the balance of my time. privacy concerns and urge them to formation, has become a growing concern Mr. WELCH. I am the last speaker on take steps to ensure that their own pri- over the ability for emails to be stored or read my side, and I will continue to reserve. vate data is secure and accounted for. by third parties without consent, as well as the Mr. STEARNS. Madam Speaker, I In that vein, State and local govern- possibility of web sites which are visited col- yield such time as he may consume to ments, as well as schools, are encour- lecting, storing, and possibly sharing person- the gentleman from California (Mr. aged to educate citizens about data pri- ally identifiable information about users. For RADANOVICH). Mr. RADANOVICH. The capabilities vacy. I thank the Representative from many reasons, individuals may not wish for and, in some cases, the failures of mod- North Carolina for authoring this reso- the revelation of personal information such as ern technology, have brought the lution. their religion, sexual orientation, political affili- issues of data privacy and data secu- Ms. JACKSON-LEE of Texas. Madam ations, or private activities. rity into the lives of all Americans. Speaker, H. Res. 31 seeks to protect the per- The economic crisis that our country is Whether it be at work, in health, in fi- sonal interests and information of men and faced with today calls for an elevated guard of nance, or online generally, we all must women across the country who exchange per- our financial information, as identity theft and be concerned about the unauthorized sonally identifiable information across the a multitude of cyber-crimes are on the rise. In- access to personal information, access Internet. I salute my colleague, Representative formation about a person’s financial trans- which could put our livelihoods and, in PRICE from North Carolina, in his efforts to actions, including the amount of assets, posi- extreme cases, our lives even at stake. designate January 28, 2009, as ‘‘National tions held in stocks or funds, outstanding The Subcommittee on Commerce, Data Privacy Day.’’ debts, and purchases can be sensitive. If Trade, and Consumer Protection has It is our duty and obligation to protect those criminals gain access to information such as a received testimony over the years victims of the exploitation of their personally person’s accounts or credit card numbers, that about corporate data breaches that identifiable information who often face a dif- person could become the victim of fraud or have damaged people financially as ficult and arduous process of cleaning up their identity theft. Information about a person’s pur- well as heard heartbreaking stories of credit records. These innocent victims, who chases can reveal a great deal about that per- stalkers stealing or buying personal in- may be an aging grandmother attempting to son’s history, such as places visited, persons formation. As the new ranking member retire from over 30 years of labor as a house- contacted, products used, as well as activities of the subcommittee, I am particularly keeper, or a young man who balances three and habits. concerned about these issues. jobs and is seeking a college loan, will be left National Data Privacy Day provides for an Just last week, we got reports about to face lengthy investigations by credit card international collaboration, and a nationwide the hacking of the New Jersey-based companies, financial institutions, and law en- and statewide effort to raise awareness about credit card processor, Heartland Pay- forcement agencies, while these cyber-crimi- data privacy and the protection of personal in- ment Systems. This company processes nals take minutes or less to destroy a name- formation on the Internet and will call for gov- more than 5 billion transactions a sake that has taken years to build. ernment officials from the United States and year, involving tens of millions of cred- TEXAS PRIVACY EFFORTS Europe, privacy professionals, academics, it card numbers, and someone was able Texas seeks to perform its part through the legal scholars, representatives of international to break into their system and monitor Texas Business and Commerce Code, which businesses, and others with an interest in data these transactions. bolsters the security of personally identifiable privacy issues to work together on this date to This is just another example of how information, with respect to an individual who further the discussion about data privacy and all of us must be aware of the security is the owner or operator of a computer, includ- protection.

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CONCLUSION the gentleman from Vermont (Mr. The SPEAKER pro tempore. Pursu- Madam Speaker, I urge my colleagues to WELCH) that the House suspend the ant to the rule, the gentleman from Il- join me in supporting the promotion of the pro- rules and agree to the resolution, H. linois (Mr. COSTELLO) and the gen- tection of personal information and data by Res. 31. tleman from Wisconsin (Mr. PETRI) designating January 28, 2009, as ‘‘National The question was taken. each will control 20 minutes. Data Privacy Day,’’ which will endorse the The SPEAKER pro tempore. In the The Chair recognizes the gentleman safeguard of personal information online and opinion of the Chair, two-thirds being from Illinois. affects all of us. in the affirmative, the ayes have it. GENERAL LEAVE Ms. KILROY. Madam Speaker, I rise in Mr. WELCH. Madam Speaker, on Mr. COSTELLO. Madam Speaker, I strong support of H. Res. 31. In this digital that I demand the yeas and nays. ask unanimous consent that all Mem- age, people from all walks of life are affected The yeas and nays were ordered. The SPEAKER pro tempore. Pursu- bers may have 5 legislative days within by data privacy issues, from teenagers who ant to clause 8 of rule XX and the which to revise and extend their re- maintain profiles on social networking Chair’s prior announcement, further marks and to include extraneous mate- websites to business professionals who proceedings on this motion will be rial on H. Res. 84. schedule meetings and place orders online. postponed. The SPEAKER pro tempore. Is there Instant electronic communications have objection to the request of the gen- brought us closer together and made us pros- f tleman from Illinois? perous in many ways, but they have also cre- HONORING THE HEROIC ACTIONS There was no objection. ated threats to the privacy of our personal in- OF THE PILOT, CREW, AND RES- Mr. COSTELLO. I yield myself such formation. CUERS OF US AIRWAYS FLIGHT time as I may consume. As personal information becomes readily ac- 1549 Madam Speaker, I rise today in cessible online, those who endeavor to use Mr. COSTELLO. Madam Speaker, I strong support of H. Res. 84, a resolu- our personal data to their own advantage are move to suspend the rules and agree to tion honoring the heroic actions of the becoming increasingly sophisticated in their at- the resolution (H. Res. 84) honoring the pilot, crew, and rescuers of US Airways tempts to obtain it: the harvesting of personal heroic actions of the pilot, crew, and Flight 1549. information from public profiles of social net- rescuers of US Airways Flight 1549. I want to thank my colleague, Mr. working websites, phishing and scamming e- The Clerk read the title of the resolu- CROWLEY, for introducing this resolu- mails, and passive monitoring of unsecured tion. tion. LaGuardia Airport is in the con- wireless networks all provide very real dan- The text of the resolution is as fol- gressional district represented by Con- gers to our personal information. The threat of lows: gressman CROWLEY, and he has rep- identity theft, which can have devastating con- H. RES. 84 resented that district for some time. I sequences that can take years to undo, re- Whereas US Airways Flight 1549 took off know that he is very proud of all of the mains very real to many people across the from LaGuardia Airport in Queens, New men and women whose actions resulted country as they use the Internet and go about York, on January 15, 2009, bound for Char- in a safe outcome for everyone. It is their everyday lives. lotte, North Carolina, and lost engine power truly remarkable and a testament to These threats can be mitigated if individuals shortly after takeoff; all involved in the emergency landing are vigilant in protecting their privacy, but few Whereas Captain Chesley B. Sullenberger and rescue that all passengers and crew people are fully aware of all of the sources of III and First Officer Jeffrey B. Skiles recog- got out safely, without serious injuries nized the need to land the plane quickly and potential danger to their personal information. sought out the Hudson River as the best op- or death. Online security and computer security are tion to avoid populated areas; On January 15, 2009, US Airways broad subjects that encompass simple security Whereas Sullenberger and Skiles displayed Flight 1549 was departing LaGuardia measures such as using strong passwords as quick thinking and skillful control of the Airport for Charlotte, North Carolina well as more complicated subjects such as the aircraft, setting the plane down in a con- and, within minutes, lost engine power. dangers of unsecured wireless networks. In- trolled landing in the water; Captain Chesley Sullenberger III and creasing the awareness of these threats would Whereas flight attendants Sheila Dail, Do- First Officer Jeffrey Skiles realized the greatly benefit individuals whose personal in- reen Welsh, and Donna Dent of Flight 1549 seriousness of the situation, and imme- reacted swiftly to prepare passengers for im- formation is at risk online. pact in a minimal amount of time; diately sought a safe place to land. H. Res. 31 marks January 28, 2009, as Whereas local ferry boats, official police The Hudson River was their only op- ‘‘National Data Privacy Day’’. Our effort to es- boats, and U.S. Coast Guard crafts were able tion, and these two pilots, as well as tablish this date as National Data Privacy Day to reach the airliner quickly and rescue the flight attendants Sheila Dail, Doreen would be in conjunction with numerous other passengers and crew from the near-freezing Welsh, and Donna Dent, worked to- organizations and institutions that are acting to water; gether to prepare the 150 passengers for encourage awareness of data privacy issues Whereas Dail, Welsh, and Dent evacuated the emergency landing. The crew did on this day. The Ohio State University in my all 150 passengers onto the awaiting U.S. an excellent job on the controlled land- Coast Guard, ferry boats, and official police ing in the Hudson River. The flight district, for example, is strongly concerned boats within minutes; with data privacy and will be printing articles, Whereas even as the plane began sinking in crew and flight attendants did exactly offering daily tips, distributing posters, and ac- the Hudson River, Sullenberger remained in what they were trained to do, and they tively working with students, faculty and staff the plane surveying the aisle twice to make did it superbly. to raise awareness of personal information pri- sure all passengers had gotten out safely be- This incident demonstrates the im- vacy issues. fore he exited the aircraft; and portance of training and preparation, Commendable efforts such as these encour- Whereas due to the heroic efforts of the showcases the skill of our aviation and age the discussion of data privacy in class- flight crew of Flight 1549, and the rescue first responder workforce, and rein- rooms and living rooms across our country boats, all 155 passengers and crew survived, forces the importance of consistent without serious injury: Now, therefore, be it and will help individuals better protect them- Resolved, That the House of Representa- vigilance and oversight of our aviation selves against the misuse of their personal in- tives— safety. formation online and help them develop good (1) applauds the skill, quick thinking, and I also want to commend the emer- security habits overall. I’m proud to be a co- bravery of Captain Chesley B. Sullenberger gency crews in New York City who sponsor of this resolution and will work with III and First Officer Jeffrey B. Skiles; reached the crew and passengers in my colleagues to continue to raise awareness (2) commends the quick response by the record time and immediately began of digital privacy, and safeguard ourselves in flight attendants Doreen Welsh, Donna Dent, rescue operations. and Sheila Dail of Flight 1549 to prepare pas- Again, we honor the crew, pas- the digital area. sengers for impact and rapid evacuation; and Mr. WELCH. I yield back the balance (3) praises the quick response from the sengers, and emergency responders in- of my time. boats, first responders, and private citizens volved in US Airways Flight 1549, and I The SPEAKER pro tempore. The that arrived at the scene to aid and rescue urge my colleagues to strongly support question is on the motion offered by passengers. H. Res. 84.

VerDate Mar 15 2010 10:39 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR09\H26JA9.000 H26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 26, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 1503 Madam Speaker, I reserve the bal- safety efforts of so many within the in- once, but twice, to make sure everyone ance of my time. dustry, we will remember that day dif- was safely off the plane before Mr. PETRI. Madam Speaker, I yield ferently. The outcome of Flight 1549 af- deplaning himself. myself such time as I might consume. firms the value of the hard work of the Due to the skill and coordinated ef- I would like to just begin by com- aviation safety professionals, but also forts by the pilots, crew, and first re- mending and thanking the chairman of renews the call for continual improve- sponders on the scene, everyone on the our Aviation Subcommittee for giving ments in aviation safety. plane is alive and well today. all of the members of the sub- I salute those safety professionals Madam Speaker, we owe a debt of committee an opportunity to meet and crew who played a role in that gratitude to the crew of Flight 1549 and some of the people who were involved day’s events, support House Resolution all the first responders who helped in this, what could have been tragic, 84, and look forward to the opportunity evacuate passengers. and turned out to be a heroic day, on on February 24 for us to meet some of Madam Speaker, some people call February 24 when we have tentatively the heroes of that day and to learn this event ‘‘the miracle on the Hud- scheduled a subcommittee hearing to from their testimony. son.’’ I say this was no miracle. This meet and find out what worked, what I reserve the balance of my time. was the skillful flying of two veteran didn’t work, and what could be done Mr. COSTELLO. Madam Speaker, I pilots, the quick reaction of highly even better in the future. yield 4 minutes to the gentleman from trained flight attendants, and the re- But I certainly on this day rise in New York, the sponsor of the resolu- sponsiveness of Coast Guard ships, fer- support of the resolution before us, tion, Congressman CROWLEY. ries, and private citizens. These people House Resolution 84, honoring the he- Mr. CROWLEY. I thank my friend showed to the world the best of our roic actions of the pilot, crew, and the from Illinois for yielding me this time. aviation and first responder system. I rescuers of US Airways Flight 1549. Madam Speaker, the successful land- am proud of the heroic actions of ev- Like so many flights leaving New ing of US Airways Flight 1549 on eryone involved. York’s LaGuardia Airport on January Thursday, January 15, 2009, was noth- I hope you will join me in honoring 15, 2009, US Airways Flight 1549 pushed ing short of a miracle, and I rise to Captain Sullenberger, First Officer back late from the terminal with pas- honor and thank all those who were in- Skiles, Flight Attendants Dail, Welsh, sengers ready to get to their destina- volved in this rescue and recovery ef- and Dent, and all the men and women tion in Charlotte, North Carolina. fort. who came to the aid of the passengers, What happened next was anything but Shortly after takeoff on Thursday, and the passengers themselves, the co- normal. January 15, US Airways Flight 1549 de- operation they demonstrated that day, Shortly after takeoff, the airplane, parted LaGuardia Airport in my dis- those passengers stuck on the wing of a carrying some 155 passengers and crew, trict in Queens, was struck by a flock sinking plane in the middle of a freez- unexpectedly struck a flock of large of birds, and lost power in both en- ing Hudson River. I urge my colleagues birds, causing both engines to fail. gines. After the collision, the pilot and to vote ‘‘yes’’ on this resolution. Captain Chesley B. Sullenberger III, copilot literally had seconds to deter- Madam Speaker, I would just add, as a veteran pilot with decades of experi- mine how to get that plane back to the the congressional representative of ence in both the commercial airline in- ground. Captain Chesley B. ‘‘Sully’’ LaGuardia Airport where Flight 1549 dustry and the United States Air Sullenberger III and First Officer Jef- took off, I often have to answer com- Force, was forced to ditch his aircraft frey B. Skiles thought about trying to plaints, particularly from my constitu- in the icy cold waters of the Hudson land back at LaGuardia or even getting ents, about the airport and those who River. over to Teterboro Airport, New Jersey, fly through or live by the airport. It is That every person onboard the flight but realized that there was not enough not often we get to say good things survived the dual engine failure and power to get that far. Instead, they de- about LaGuardia Airport. the aircraft’s controlled ditch into the cided to attempt an emergency landing Like any airport, LaGuardia pro- frigid waters of the Hudson River is an in the least populated area of New duces noise, but on January 15, the extraordinary testimony to the hard York City, the Hudson River. crew of Flight 1549 made all of us and work of all aviation safety personnel. I Water landings, also referred to as LaGuardia Airport proud. applaud the quick actions of pilot and ditching, are incredibly difficult, and b 1800 crew alike, and commend their actions any minor error could cause the land- The SPEAKER pro tempore. The as critical to the survival of all 150 pas- ing to end in tragedy. But the tremen- time of the gentleman has expired. sengers. dous skills of the captain and the first Mr. COSTELLO. I yield the gen- Also to be commended are those who officer were on display that day, and tleman 1 additional minute. so quickly responded to rescue those they successfully glided the plane down Mr. CROWLEY. Congressmen NAD- precariously balanced on the wings of and safely landed it on the river. In the LER, MCMAHON, and MCNERNEY and I the sinking plane. Indeed, even after meantime, the flight attendants, introduced this legislation because we surviving impact of a skillfully exe- Donna Dent, Doreen Welsh, and Sheila wanted to pause and recognize the he- cuted ditch effort, survivors of this ac- Dail, prepared passengers for impact. roic efforts of the first officer, the cap- cident still face the perils of hypo- When the plane came to a complete tain, the flight attendants, as well as thermia in the cold waters of the Hud- stop, Ms. Dent, Ms. Walsh, and Ms. Dail all the first responders. They deserve son River. The quick action of police, quickly opened the doors of the plane our thanks and applause. We have Coast Guard, ferry operators, and other and started to evacuate passengers heard it said in the past, boy, that was first responders ensured the survival of safely and efficiently. Within minutes, a close call. I think in the future all involved in the accident, and their all the passengers were evacuated onto you’re going to hear it said, boy, that efforts are to be commended. the wings of the plane, where boats, was a 1549. At least I like to think that The robust training programs within ferries, and others on the scene ap- that will be catchy. the airline industry, Federal Aviation proached the sinking jet and began I urge all of my colleagues to please Administration safety oversight ef- helping the passengers and crew off the support this resolution. forts, as well as the equipment im- wings and safely away from the near Mr. PETRI. Madam Speaker, I have provements by aircraft manufacturers, freezing Hudson River waters. They no further requests for time and yield all contributed to the survival of those were not just New Yorkers; there were back the balance of my time. aboard Flight 1549. folks from New Jersey as well helping Mr. COSTELLO. Madam Speaker, I January 15 could have been a day in this rescue effort. yield 2 minutes to the gentleman from stained by tragedy, but thanks to indi- Still, as the plane continued to sink New York, Congressman HALL. vidual actions of Captain Sullenberger, into the freezing waters, Captain Mr. HALL of New York. Thank you, the crew onboard, and the ongoing Sullenberger walked the cabin not Mr. Chairman.

VerDate Mar 15 2010 10:39 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR09\H26JA9.000 H26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 1504 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 January 26, 2009 Madam Speaker, I rise today also to flight crew whose heroism and guid- Academy and spent years as an Air pay tribute to a heroic achievement. ance helped everyone survive the water Force pilot before going to US Air- It’s nearly unimaginable that a com- landing. Secondly, the quick reactions ways. He was always a proponent of mercial airliner would be forced to from New York Waterways ferry opera- safety and training. Captain land in a busy river. And as a sailor tors and the area’s first responders Sullenberger wasn’t one who looked for who has sailed through New York Har- should be recognized and commended. trouble, but he was one who was ready bor on the Hudson River on all dif- Their quick response allowed all pas- when trouble came. And on January 15, ferent sizes and shapes of power and sengers to exit the plane before it was trouble found Captain Sullenberger and sailboats, I can only imagine what it’s fully submerged and to be quickly re- Flight 1549. like to try to land a 55-ton glider, trieved from the frigid waters. New Captain Sullenberger and the crew of which is in effect what Captain York Waterways, a ferry company Flight 1549 were ready with less than 2 Sullenberger had. And fortunately he based in Weehawken, New Jersey, that minutes, the time that I’m speaking was not only trained in flying gliders, usually shuttles commuters back and here right now, made critical decisions but he was an instructor in flying glid- forth across the Hudson River, played a and safely set down the plane on the ers and had that experience to call on critical role in the rescue efforts. Boats Hudson River. Because of the heroic ac- and was able to land softly without were able to reach the crash site within tion of Captain Sullenberger and the catching a wing tip. We’ve all seen minutes of impact and deliver pas- crew of Flight 1549, 155 American citi- those terrible water landings, which of sengers safely to the shores of New zens are home safe with their families course George Carlin used to call ‘‘a York and New Jersey where they could tonight. There wasn’t one fatality and crash,’’ but the water landings where receive medical attention if necessary. not one critical injury. one wing tip catches and the plane Fortunately, major injuries were few. This Saturday, in Captain winds up somersaulting and coming And I am extremely thankful for the Sullenberger’s hometown of Danville, apart, it really is miraculous, but it’s response of New Jersey hospitals, in- California, in my congressional dis- also the most amazing demonstration cluding Christ Hospital, Palisades Med- trict, more than 5,000 people came out of aviation skill, one of them, that I ical Center, Hoboken Medical Center on a dark, windy, cool day, a damp day have ever seen. and Jersey City Medical Center, that to give praise and to give honor to Cap- And because of the actions of Captain tain Sullenberger. And Captain treated the injured and those suffering Sullenberger, First Officer Skiles and Sullenberger is a true American hero. from exposure to extremely cold tem- their uncommon bravery, despite the He is not an action figure from a peratures. loss of both engines, they were able to I am inspired by the heroic efforts of movie. He is a true American hero. land where they would not cause cas- I commend Captain Sullenberger and all involved that led to the rescue of all ualties on the ground in the Hudson the crew of 1549 and urge my colleagues 155 passengers. And I am impressed by River. And the fact that he checked the to join me by passing House Resolution the teamwork that contributed to this plane twice behind every seat, looking 84. successful rescue mission. up and down the aisles twice to make Mr. COSTELLO. Madam Speaker, at I would also like to recognize the fol- sure that no one was left before he left this time, I yield 2 minutes to the gen- lowing New Jersey-based organizations his aircraft is another sign of his pro- tleman from New York (Mr. NADLER). that came to the aid of Flight 1549: fessionalism and bravery, as was the Mr. NADLER of New York. I thank Weehawken and all Regional Emer- demonstration of coolness and profes- the gentleman for yielding. gency Management Services, Office of sionalism by Sheila Dail, Doreen Welsh Madam Speaker, I rise in support of Emergency Management and Hudson and Donna Dent, the flight attendants the resolution honoring the heroic ac- and the 150 passengers who remained County, North Hudson Regional Fire tions of the pilot, crew and rescue on board and held hands and bonded and Rescue, Police Departments of teams with respect to US Airways with each other, including my con- Weehawken, Union City, Guttenberg, Flight 1549. When that flight suffered stituent, Diane Higgins of Goshen, New West New York, Port Authority of New catastrophic engine damage shortly York, and her 85-year old mother who York New Jersey, and New Jersey after takeoff, Captain Chesley B. were led to safety. They were all heroes Transit, Hudson County Sheriff’s De- ‘‘Sully’’ Sullenberger, III, took prompt on that plane, but there were also the partment. action. Faced with the very real pros- first responders, the ferry boat cap- The SPEAKER pro tempore. The pect of losing the lives of all the pas- tains, the police and Coast Guard who time of the gentleman has expired. sengers and crew, he maintained his brought the passengers and crew safely Mr. COSTELLO. I yield the gen- calm and executed a textbook water to land from that near freezing water. tleman 1 additional minute. landing. His flawless technique and Mr. SIRES. Hudson County Sheriff’s This is what our first responders are quick judgment allowed him to bring trained to do. And like the crew on Department, Weehawken Parks and the plane down in one piece and to board Flight 1549, they did so perfectly Recreation and Senior Center Staff, avoid collisions with any of the count- and without incident. Arthur’s Landing Restaurant of less vessels sailing the river. There is Madam Speaker, the quick thinking Weehawken, Sheraton Hotels of no doubt that his years of service as a and the heroic actions of the flight Weehawken, Modell’s Sporting Goods decorated pilot in the U.S. Air Force crew and first responders are some- Store of West New York, and the Office helped prepare him for the difficult thing we are all proud of. I urge sup- of Mayor Richard Turner of task that he confronted that day. port of this resolution. Weehawken and Mayor Brian Stack of His efforts were aided by the heroic Mr. COSTELLO. Madam Speaker, at Union City. actions of his crew, who quickly com- this time I yield 2 minutes to my friend Mr. COSTELLO. Madam Speaker, at pleted an orderly evacuation of the from New Jersey, Congressman ALBIO this time, I yield 2 minutes to the gen- frightened passengers, and of the very SIRES. tleman from California and a member many people from the local organiza- Mr. SIRES. Madam Speaker, I rise of the Aviation Subcommittee, Mr. tions, such as New York Waterways, today to recognize the outstanding MCNERNEY. the fire department, the police depart- work by rescue and nonrescue workers Mr. MCNERNEY. I thank the gen- ment, the Coast Guard and others who in the New York and New Jersey region tleman from Illinois. all rallied to the rescue. in responding to January 15’s emer- And I rise this evening to add my The bravery and the selflessness on gency water landing of US Airways voice to the chorus of praise for Cap- the part of Captain Sullenberger and Flight 1549. I commend them for their tain Sullenberger, who on January 15 his crew were matched by the swift re- amazing efforts to safely rescue the safely set down a US Airways Flight sponse from local police and fire de- flight’s 155 passengers. 1549 on the icy waters of the Hudson partments. The first responders were I would like to publicly thank Cap- River. Captain Sullenberger is a grad- able to reach the plane within 2 min- tain Chesley Sullenberger and the uate of the United States Air Force utes and begin to rescue the stranded

VerDate Mar 15 2010 10:39 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR09\H26JA9.000 H26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 26, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 1505 passengers. This rapid response was under investigation. But what is clear courage and kindness that saved so crucial to the survival of the pas- is that the 155 people aboard Flight many lives and brought a happy ending sengers and the crew as the plane had 1549 owe their lives to the quick ma- to a story that could have turned out landed in the middle of a busy water- neuvering and skill of the pilot, so much differently. way with air temperatures well below Chesley B. Sullenberger, III, commonly Mr. COSTELLO. Madam Speaker, I freezing. known as ‘‘Sully,’’ and the flight crew yield the remaining 2 minutes on our I would point out that since World that allowed every person on board to side to the Congresswoman from New War II, there are a number of cases of survive the impact. York (Mrs. MALONEY). aircraft that had to land in the water, When both engines failed, Mr. b 1815 commercial aircraft, major commer- Sullenberger’s critical decision to land cial airlines that had landed in the in the river and avoid densely popu- Mrs. MALONEY. Madam Speaker, I water, and in every case except this lated areas on land not only allowed rise in strong and enthusiastic support one, at least half the passengers died. the people on board the plane to sur- for this resolution which was led by my In this case, not one single passenger, vive, but also saved countless lives of Queens colleague, Congressman CROW- not one single crew member died. people on the ground. In addition, the LEY. There was not even a really serious in- crew of Flight 1549 showed the utmost On January 15, we all stood in awe as jury because of the flawless perform- professionalism and training by quick- we watched as events transpired on the ance of the pilot in bringing the plane ly getting the passengers off the plane Hudson River. Today, we honor the down in one piece, even so it didn’t tip and into waiting rescue watercraft. crew of US Air Flight 1549. Their pres- over, making sure it missed the George In addition to the heroes on the ence of mind and the extraordinary cir- Washington Bridge and still landed plane, the passengers and crew owe cumstances on that day led to a mirac- right next to the ferry terminals where their lives to the quick actions of ferry ulous outcome. The more we learn there were ferry boats waiting. boat operators and the first responders about the details of the flight, the The SPEAKER pro tempore. The in New York and New Jersey who evac- more we can admire what New Yorkers time of the gentleman has expired. uated everyone from the downed plane are now calling the miracle on the Mr. COSTELLO. I yield the gen- and rescued those people who had fall- Hudson River. tleman 30 additional seconds. en into the frigid water. Today we We must praise the captains and crew Mr. NADLER of New York. There honor and commend the crews of the of each of the New York Waterway fer- could have been no better expertise and New York Waterways ferry boats, ryboats which were on the scene next display of heroism and skill than that other commuter lines and the numer- to the plane within minutes of it hit- shown by the pilot and his crew and by ting the water. It reminded us of the passengers, too. ous boats from the New York City Fire Department, the New York City Police rapid response of 9/11, selflessly giving And finally the staff of the many hos- of your time, your effort, and your pos- pitals that cared for the injured pas- Department, the Coast Guard, prac- tically every city, State and Federal sessions to help those in need. sengers deserve our praise as well. We Captain Sullenberger, First Officer thank the staff at St. Vincent’s Hos- agency that patrols the waters around Skiles, and flight attendants Dail, pital, New York Downtown Hospital, New York for springing into action so Dent, and Welsh all reacted with their St. Luke’s Hospital, Jersey City Med- fast, and of course all the heroic men brains and heart, using their training ical Center and Meadowlands Hospital. and women who work so hard every day So, Madam Speaker, I’m proud that in our hospitals. and vast experience. They average over we have convened here today to honor The SPEAKER pro tempore. The 54 years of flight experience, and they all those involved in the safe return of time of the gentleman has expired. swiftly and safely prepared the pas- 155 people. Acting with no small meas- Mr. COSTELLO. I would ask how sengers for impact and evacuated them ure of heroism, these ordinary citizens much time we have left on our side. safely into waiting vessels, saving 150 lived up to the highest ideals of their The SPEAKER pro tempore. The gen- lives. professions and deserve the most sin- tleman from Illinois has 21⁄2 minutes The outcome here could not be bet- cere admiration and respect of this remaining. ter, and that is a testimony to the crew Congress. Mr. COSTELLO. I yield 30 seconds to and the rescuers. We learned again this Mr. COSTELLO. Madam Speaker, I my friend. month, as we learned on 9/11, that ordi- yield 2 minutes to the gentleman from Mr. MCMAHON. It is nothing short of nary people doing their jobs are the New York (Mr. MCMAHON). a miracle that everyone on US Airways true American heroes and heroines. Mr. MCMAHON. To the chairman and Flight 1549 survived. The families of Mr. OBERSTAR. Madam Speaker, I strongly to my colleagues from New York led by the passengers and crew and all of us support H. Res. 84, which praises the pilots JOE CROWLEY, Congressman NADLER, owe an enormous debt of gratitude to and flight crew of US Airways Flight 1549, and Congresswoman MALONEY and Con- the extraordinary work and heroism of the first responders who assisted on the gressman HALL and our colleague people that helped save lives, from the scene. Captain Chesley B. Sullenberger III across the water, Congressman SIRES, skill of the flight crew and air traffic and First Officer Jeffrey B. Skiles reacted as well as Congressman MCNERNEY, controllers who performed a near per- quickly to engine failure following takeoff, and who hosts this great pilot in his dis- fect landing, to the crew, who evacu- masterfully glided the plane to an emergency trict, I’m honored to cosponsor House ated the cabin and cared for the pas- water landing. Flight attendants Sheila Dail, Resolution 84 honoring the heroic ac- sengers, even giving their own clothes Doreen Welsh, and Donna Dent quickly pre- tions of the pilot, crew and rescuers of off their own backs to keep passengers pared passengers for landing and assisted in US Airways Flight 1549. from developing hypothermia, to the a speedy evacuation. When Flight 1549 landed in the cold, first responders and good Samaritans Captain Sullenberger expertly utilized his icy waters of the Hudson River on the on the commuter ferries who helped training and experience to land the plane in afternoon of Thursday, January 15, bring people to safety, and to the pilot the Hudson River, so as to avoid an emer- 2009, many of us in New York feared who did not even leave the plane until gency landing in a densely populated area. the worst. What started out as a rou- he walked the aisles of the cabin twice This resolution commends the bravery of Cap- tine flight from LaGuardia to Char- to be sure everyone had been evacu- tain Sullenberger, who walked up and down lotte, North Carolina, quickly turned ated. The rescue demonstrated to the the aisles of the aircraft twice to ensure that into a nightmare. Passengers heard a world once again the bravery and good- all passengers left the aircraft safely. He was loud bang just after takeoff and were ness of our people, the best of New the last to exit the plane. told to brace for impact as the plane York and the best of America. After landing on water, the flight attendants ditched into the Hudson. I urge my colleagues to enthusiasti- and passengers removed the emergency What forced the plane to make an cally support this resolution and offer doors, and exited onto the wings of the plane. emergency water landing remains my personal thanks for the hard work, Minutes after, ferry boats, the U.S. Coast

VerDate Mar 15 2010 10:39 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00009 Fmt 0688 Sfmt 9920 E:\BR09\H26JA9.000 H26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 1506 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 January 26, 2009 Guard, and police boats rushed to rescue ev- Flight 1549 is now known as the Miracle on What will be remembered in New York as eryone. the Hudson. A miracle it may be, but what are the ‘‘Miracle on the Hudson’’ owes less to di- All 155 people on Flight 1549 survived not surprising or any less miraculous are the vine intervention than it does to the training, unharmed due to the swift action of the pilots, coordinated efforts by the pilot, crew and res- experience and quick thinking of Captain flight attendants, and rescuers. The pas- cuers, who under immense pressure proved Sullenberger, his crew, and the first respond- sengers, families of those onboard, and all that even a battered and bruised American ers who bravely rescued every passenger Americans—and those around the world who spirit has the strength to overcome indescrib- aboard Flight 1549. witnessed this remarkable event unfold, are able odds. All too often we hear about delays, break- extremely grateful. Captain Chesley Sullenberger ‘‘Sully’’ pilot downs, and disappointment in air travel. We This event underscores the importance of of the U.S. Airways flight, is no stranger to frequently overlook how hours upon hours of vigilance in aviation safety, including flight heroism. A former Air Force officer, he has flight training and simulation keep air crews crew training. In this case, the pilots and flight served the United States proudly for many sharp and prepared. And rarely do we stop crew did what they were trained to do to keep years. Through his calm and confident ways and praise them for making the kind of good everyone safe. he successfully maneuvered an enormous air- decisions every day that are surely respon- I thank the gentleman from New York, Mr. craft onto the still and icy Hudson River, sav- sible for saving lives and keeping us feeling CROWLEY, for bringing H. Res. 84 to the floor, ing the lives of over 155 passengers. confident when we fly, but that otherwise go and I urge my colleagues to support it. Just like every hero there is a team of peo- unnoticed. Mr. ACKERMAN. Madam Speaker, I rise ple working with them ensure that no task is On behalf of the pilots, flight attendants and today in strong support of H. Res. 84, hon- left undone and that all measures are taken, first responders I represent, I thank the gen- oring the heroic actions of the pilot, crew, and even in the most terrible situations. His honor- tleman from New York, Mr. CROWLEY, for of- rescuers of US Airways Flight 1549. able crew, First Officer Jeffrey B. Skiles, Flight fering this resolution to make sure we recog- Madam Speaker, a jetliner, floating in the Attendant Sheila Dail, Flight Attendant Doreen nize those heroic acts on and above the Hud- Hudson River in New York City, on a cold, Welsh and Flight Attendant Donna Dent, along son. This measure, Madam Speaker, like the January afternoon, was an incredible image. with Captain Sullenberger worked tirelessly crew of Flight 1549 and the first responders More incredible was that no lives were lost upon the aircraft’s landing to insure that all who answered the call that day, goes a long when Flight 1549 was forced to land on the 155 passengers aboard the aircraft were evac- way to preserve our faith and confidence in air river after running into a flock of birds. uated and ready to be boarded onto one of travel. Through the steady skill and quick thinking of the various boats sent to the landing site to Mr. ROTHMAN. Madam Speaker, I rise Captain Chesley B. Sullenberger III, First Offi- assist in the rescue. The strength and sheer today in support of House Resolution 84, leg- cer Jeffrey B. Skiles, and the entire flight crew will of the entire crew aboard Flight 1549 is islation to honor the heroic efforts of Flight of Flight 1549, serious injuries and fatalities what caused this miraculous landing to occur. 1549’s Captain Chesley B. Sullenberger III, his were averted. Their professionalism and As subcommittee chair of Transportation flight crew, the First Responders and private unflappability enabled them to overcome the Security and Infrastructure Protection I have citizens that prevented a catastrophic engine direst of circumstances on January 15, 2009. been an advocate for both the TSA and the failure on a commercial aircraft from resulting Pilots Sullenberger and Skiles adeptly landed FAA for many years. I am particularly proud of in a single loss of life. Just five minutes after lifting off on January their crippled aircraft on a busy and churning the ability of these organizations to prepare 15, 2009, Captain Sullenberger’s aircraft was river. Flight crew members Sheila Dail, Doreen those affiliated with them in the best way pos- sible. Crew members are highly trained. struck by a flock of birds, resulting in the loss Welsh, and Donna Dent calmly and efficiently Once the passengers exited the cabin of the of two of his engines. The instant those en- made it possible for all of the 150 passengers plane they were met instantly by the Coast gines failed, Captain Sullenberger, his crew, to exit the plane without major incident. Guard, Harbor Patrol, water taxis, and other the passengers entrusted to his care, and resi- Unfortunately, Madam Speaker, New York- various watercrafts. Passengers were trans- dents of the 9th Congressional District of New ers are no strangers to tragedy. I commend ported to a fleet of ambulances and emer- Jersey who were in the plane’s potential flight the flotilla of commercial and civil watercraft gency personnel waiting by the shores of the path were at grave risk. And yet, rather than that so swiftly reacted to assist the pas- river to assist in anyway possible. Once again give in to panic, Captain Sullenberger wrestled sengers and crew. Once again, New Yorkers New Yorkers demonstrate in the face of dev- his damaged aircraft into a controlled water went, without hesitation, to the scene of an astating circumstances they will respond in landing—an act described in the Wall Street emergency without thought for their own safe- ways that almost seem impossible to the aver- Journal as ‘‘one of the rarest and most tech- ty. In addition, the first responders of the New age human being. New Yorkers, just as peo- nically challenging feats in commercial avia- York Police Department, Fire Department of ple of my district have done in the wake of tion.’’ New York, and of course, the U.S. Coast Hurricanes Katrina and Ike, with that helpful When his plane hit the water Captain Guard, skillfully and quickly were able to come nature and American courage to take on any Sullenberger and his flight crew—including to the aid of Flight 1549. Their actions made task all things are doable. First Officer Jeffrey Sikes and Flight Attend- it possible for the crew and passengers to es- Most importantly the common variable in ants Doreen Welsh, Donna Dent, and Sheila cape any harm after leaving the plane. this impressive act of heroism is the strength Dail—worked quickly and calmly to evacuate Madam Speaker, I ask that we all extend of a united American spirit. This spirit, that their passengers, not stopping until every our deepest gratitude to the crew of Flight when directed toward a problem no matter man, woman and child was out of harm’s way. 1549, the first responders and those individ- how immediate or great in scale, can be han- Outside, they were aided by a growing flotilla uals who rushed to the scene. I strongly sup- dled through a combined effort by a unified not just of Coast Guard and police boats, but port H. Res. 84 and I urge all of my col- American people behind one common goal. civilian ferries as well. leagues to also support this resolution. This spirit is exactly what the United States Once Flight 1549 was emptied of pas- Ms. JACKSON-LEE of Texas. Madam needs right now. sengers, Captain Sullenberger walked up and Speaker, today I speak in strong support of H. Madam Speaker, I urge my colleagues to down the aisles of the sinking aircraft twice, Res. 84, and thank my colleague Congress- join me in recognizing the heroic actions of only exiting when he was absolutely certain man JOSEPH CROWLEY, for authoring this im- pilot Chesley Sullenberger, crew members that he had discharged his duty to completely portant resolution. Donna Dent, Doreen Welsh, Sheila Dail, Jef- evacuate the plane. His grace under pressure, Madam Speaker, the first week of January frey B. Skiles, as well as all of the rescuers as well as that of the rescue workers and flight Americans witnessed no shortage in heroic standing by for U.S. Airways Flight 1549 on crew, ensured that an emergency in the air did activity, from the dramatic rescue of an elderly the shores of the Hudson. These heroes on not become a disaster on the ground. woman by Houston Metro officer Eliot the Hudson are examples of the common hu- Madam Speaker, I urge my colleagues to Swainson, to what we recognize here today. manity that flows through the veins of this Na- join me in supporting House Resolution 84. The heroic efforts by everyone involved in the tion. The courage, level-headed professionalism emergency landing of flight 1549. This was Mr. BISHOP of New York. Madam Speaker, and sheer heroism of the Captain and crew of one of many events this year alone where the I rise in strong support of the resolution hon- Flight 1549 are an inspiration to all Americans. world once again recognized the U.S. as a oring the heroic actions of the pilot, crew, and Mr. COSTELLO. Madam Speaker, I country of doers. rescuers of U.S. Airways Flight 1549. urge my colleagues to support H. Res.

VerDate Mar 15 2010 10:39 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR09\H26JA9.000 H26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 26, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 1507 84, and I yield back the balance of my [Roll No. 30] Nye Roybal-Allard Sullivan Oberstar Royce Sutton time. YEAS—402 Obey Rush Tanner The SPEAKER pro tempore. The Abercrombie Davis (KY) Kanjorski Olson Ryan (OH) Tauscher question is on the motion offered by Ackerman Davis (TN) Kaptur Olver Ryan (WI) Taylor the gentleman from Illinois (Mr. Aderholt Deal (GA) Kennedy Ortiz Salazar Teague Adler (NJ) DeFazio Kildee Pallone Sa´ nchez, Linda Terry COSTELLO) that the House suspend the Akin DeGette Kilpatrick (MI) Pascrell T. Thompson (CA) rules and agree to the resolution, H. Alexander Delahunt Kilroy Pastor (AZ) Sanchez, Loretta Thompson (MS) Res. 84. Altmire DeLauro Kind Paul Sarbanes Thompson (PA) Andrews Dent King (IA) Paulsen Scalise Thornberry The question was taken. Arcuri Diaz-Balart, L. King (NY) Pence Schakowsky Tiahrt The SPEAKER pro tempore. In the Austria Diaz-Balart, M. Kingston Perlmutter Schauer Tierney opinion of the Chair, two-thirds being Baca Dicks Kirk Perriello Schiff Titus in the affirmative, the ayes have it. Bachmann Dingell Kirkpatrick (AZ) Peters Schmidt Tonko Bachus Doggett Kissell Peterson Schock Towns Mr. COSTELLO. Madam Speaker, on Baird Donnelly (IN) Klein (FL) Petri Schrader Tsongas that I demand the yeas and nays. Baldwin Dreier Kline (MN) Pingree (ME) Schwartz Turner The yeas and nays were ordered. Barrett (SC) Driehaus Kosmas Pitts Scott (GA) Upton Barrow Duncan Kratovil Platts Scott (VA) Van Hollen The SPEAKER pro tempore. Pursu- Bartlett Edwards (MD) Kucinich Poe (TX) Sensenbrenner Vela´ zquez ant to clause 8 of rule XX and the Barton (TX) Ehlers Lamborn Polis (CO) Serrano Visclosky Chair’s prior announcement, further Bean Ellison Lance Pomeroy Sessions Walden proceedings on this motion will be Becerra Ellsworth Langevin Posey Sestak Walz Berkley Engel Larsen (WA) Price (GA) Shadegg Wamp postponed. Berman Eshoo Larson (CT) Price (NC) Shea-Porter Wasserman f Berry Etheridge Latham Putnam Sherman Schultz Biggert Fallin LaTourette Radanovich Shimkus Waters RECESS Bilbray Farr Latta Rahall Shuler Watson Bilirakis Fattah Lee (CA) Rangel Shuster Watt The SPEAKER pro tempore. Pursu- Bishop (GA) Filner Lee (NY) Rehberg Sires Waxman ant to clause 12(a) of rule I, the Chair Bishop (NY) Flake Levin Reichert Skelton Weiner Blackburn Fleming Lewis (CA) Reyes Slaughter Welch declares the House in recess until ap- Blunt Forbes Lewis (GA) Richardson Smith (NE) Westmoreland proximately 6:30 p.m. today. Boccieri Fortenberry Linder Roe (TN) Smith (NJ) Wexler Accordingly (at 6 o’clock and 17 min- Boehner Foster Lipinski Rogers (AL) Smith (TX) Whitfield Bonner Foxx LoBiondo Rogers (KY) Smith (WA) Wilson (OH) utes p.m.), the House stood in recess Bono Mack Frank (MA) Loebsack Rogers (MI) Snyder Wilson (SC) until approximately 6:30 p.m. Boozman Franks (AZ) Lofgren, Zoe Rooney Space Wittman Boren Frelinghuysen Lowey Ros-Lehtinen Speier Wolf f Boswell Fudge Lucas Roskam Spratt Woolsey Boucher Gallegly Luja´ n Ross Stearns Wu b 1832 Boustany Garrett (NJ) Lummis Rothman (NJ) Stupak Yarmuth Boyd Gerlach Lungren, Daniel AFTER RECESS Brady (PA) Giffords E. NOT VOTING—30 The recess having expired, the House Brady (TX) Gingrey (GA) Lynch Bishop (UT) Graves Rodriguez Braley (IA) Gohmert Mack Blumenauer Green, Gene Rohrabacher was called to order by the Speaker pro Bright Gonzalez Maffei Cantor Grijalva Ruppersberger tempore (Mr. ADLER of New Jersey) at Broun (GA) Goodlatte Maloney Cao Gutierrez Simpson 6 o’clock and 32 minutes p.m. Brown (SC) Gordon (TN) Manzullo Cardoza Luetkemeyer Solis (CA) Brown, Corrine Granger Markey (CO) Carnahan Marchant Souder f Brown-Waite, Grayson Markey (MA) Clay Miller (FL) Stark Ginny Green, Al Marshall Doyle Murphy (CT) Tiberi ANNOUNCEMENT BY THE SPEAKER Buchanan Griffith Massa Edwards (TX) Neal (MA) Young (AK) PRO TEMPORE Burgess Guthrie Matheson Emerson Payne Young (FL) Burton (IN) Hall (NY) Matsui The SPEAKER pro tempore. Pursu- Butterfield Hall (TX) McCarthy (CA) b 1858 ant to clause 8 of rule XX, proceedings Buyer Halvorson McCarthy (NY) Calvert Hare McCaul So (two-thirds being in the affirma- will resume on motions to suspend the Camp Harman McClintock tive) the rules were suspended and the rules previously postponed. Campbell Harper McCollum resolution was agreed to. Votes will be taken in the following Capito Hastings (FL) McCotter The result of the vote was announced order: Capps Hastings (WA) McDermott Capuano Heinrich McGovern as above recorded. H. Res. 31, by the yeas and nays; Carney Heller McHenry A motion to reconsider was laid on H. Res. 84, by the yeas and nays. Carson (IN) Hensarling McHugh the table. The first electronic vote will be con- Carter Herger McIntyre Cassidy Herseth Sandlin McKeon f ducted as a 15-minute vote. The second Castle Higgins McMahon electronic vote will be conducted as a Castor (FL) Hill McMorris HONORING THE HEROIC ACTIONS 5-minute vote. Chaffetz Himes Rodgers OF THE PILOT, CREW, AND RES- Chandler Hinchey McNerney CUERS OF US AIRWAYS FLIGHT f Childers Hinojosa Meek (FL) Clarke Hirono Meeks (NY) 1549 NATIONAL DATA PRIVACY DAY Cleaver Hodes Melancon The SPEAKER pro tempore. The un- Clyburn Hoekstra Mica The SPEAKER pro tempore. The un- Coble Holden Michaud finished business is the vote on the mo- finished business is the vote on the mo- Coffman (CO) Holt Miller (MI) tion to suspend the rules and agree to tion to suspend the rules and agree to Cohen Honda Miller (NC) the resolution, H. Res. 84, on which the Cole Hoyer Miller, Gary the resolution, H. Res. 31, on which the Conaway Hunter Miller, George yeas and nays were ordered. yeas and nays were ordered. Connolly (VA) Inglis Minnick The Clerk read the title of the resolu- The Clerk read the title of the resolu- Conyers Inslee Mitchell tion. tion. Cooper Israel Mollohan The SPEAKER pro tempore. The Costa Issa Moore (KS) The SPEAKER pro tempore. The Costello Jackson (IL) Moore (WI) question is on the motion offered by question is on the motion offered by Courtney Jackson-Lee Moran (KS) the gentleman from Illinois (Mr. the gentleman from Vermont (Mr. Crenshaw (TX) Moran (VA) COSTELLO) that the House suspend the Crowley Jenkins Murphy, Patrick WELCH) that the House suspend the Cuellar Johnson (GA) Murphy, Tim rules and agree to the resolution, H. rules and agree to the resolution, H. Culberson Johnson (IL) Murtha Res. 84. Res. 31. Cummings Johnson, E. B. Myrick This will be a 5-minute vote. The vote was taken by electronic de- Dahlkemper Johnson, Sam Nadler (NY) The vote was taken by electronic de- Davis (AL) Jones Napolitano vice, and there were—yeas 402, nays 0, Davis (CA) Jordan (OH) Neugebauer vice, and there were—yeas 402, nays 0, not voting 30, as follows: Davis (IL) Kagen Nunes not voting 30, as follows:

VerDate Mar 15 2010 10:39 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR09\H26JA9.000 H26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 1508 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 January 26, 2009 [Roll No. 31] Nye Roybal-Allard Sullivan ergy efficiency and science, assistance Oberstar Royce Sutton YEAS—402 Obey Rush Tanner to the unemployed, and State and local Abercrombie Davis (KY) Kanjorski Olson Ryan (OH) Tauscher fiscal stabilization, for the fiscal year Ackerman Davis (TN) Kaptur Olver Ryan (WI) Taylor ending September 30, 2009, and for Aderholt Deal (GA) Kennedy Ortiz Salazar Teague other purposes, which was referred to Adler (NJ) DeFazio Kildee Pallone Sa´ nchez, Linda Terry Akin DeGette Kilpatrick (MI) Pascrell T. Thompson (CA) the Union Calendar and ordered to be Alexander Delahunt Kilroy Pastor (AZ) Sanchez, Loretta Thompson (MS) printed. Altmire DeLauro Kind Paul Sarbanes Thompson (PA) The SPEAKER pro tempore. Pursu- Andrews Dent King (IA) Paulsen Scalise Thornberry Arcuri Diaz-Balart, L. King (NY) Pence Schakowsky Tiahrt ant to clause 1, rule XXI, all points of Austria Diaz-Balart, M. Kingston Perlmutter Schauer Tierney order are reserved on the bill. Baca Dicks Kirk Perriello Schiff Titus f Bachmann Dingell Kirkpatrick (AZ) Peters Schmidt Tonko Bachus Doggett Kissell Peterson Schock Towns HONORING TARAVELLA HIGH Baird Donnelly (IN) Klein (FL) Petri Schrader Tsongas SCHOOL Baldwin Dreier Kline (MN) Pingree (ME) Schwartz Turner Barrett (SC) Driehaus Kosmas Pitts Scott (GA) Upton (Mr. KLEIN of Florida asked and was Barrow Duncan Kratovil Platts Scott (VA) Van Hollen given permission to address the House Bartlett Edwards (MD) Kucinich Poe (TX) Sensenbrenner Vela´ zquez Barton (TX) Ehlers Lamborn Polis (CO) Serrano Visclosky for 1 minute.) Bean Ellison Lance Pomeroy Sessions Walden Mr. KLEIN of Florida. Mr. Speaker, I Becerra Ellsworth Langevin Posey Sestak Walz rise today to congratulate the mem- Berkley Engel Larsen (WA) Price (GA) Shadegg Wamp bers of the J.P. Taravella High School Berman Eshoo Larson (CT) Price (NC) Shea-Porter Wasserman Berry Etheridge Latham Putnam Sherman Schultz Marching Band and their director, Neil Biggert Fallin LaTourette Radanovich Shimkus Waters Jenkins. Bilbray Farr Latta Rahall Shuler Watson Taravella was selected by the Presi- Bilirakis Fattah Lee (CA) Rangel Shuster Watt Bishop (GA) Filner Lee (NY) Rehberg Sires Waxman dential Inaugural Committee as the Bishop (NY) Flake Levin Reichert Skelton Weiner only high school marching band from Blackburn Fleming Lewis (CA) Reyes Slaughter Welch the State of Florida to participate in Blunt Forbes Lewis (GA) Richardson Smith (NE) Westmoreland the 2009 Inaugural Parade, and these Boccieri Fortenberry Linder Roe (TN) Smith (NJ) Wexler Boehner Foster Lipinski Rogers (AL) Smith (TX) Whitfield students from Coral Springs made us Bonner Foxx LoBiondo Rogers (KY) Smith (WA) Wilson (OH) all proud. Their journey was possible Bono Mack Frank (MA) Loebsack Rogers (MI) Snyder Wilson (SC) because business owners and citizens Boozman Franks (AZ) Lofgren, Zoe Rooney Space Wittman Boren Frelinghuysen Lowey Ros-Lehtinen Speier Wolf from across our community came to- Boswell Fudge Lucas Roskam Spratt Woolsey gether and they raised $150,000 to make Boucher Gallegly Luja´ n Ross Stearns Wu the trip. Boustany Garrett (NJ) Lummis Rothman (NJ) Stupak Yarmuth I hope that being in Washington, DC Boyd Gerlach Lungren, Daniel Brady (PA) Giffords E. NOT VOTING—30 for this historic inauguration was as Brady (TX) Gingrey (GA) Lynch Bishop (UT) Graves Rodriguez meaningful to these young musicians Braley (IA) Gohmert Mack Blumenauer Green, Gene Rohrabacher as it was for me. I know they will carry Bright Gonzalez Maffei Cantor Grijalva Ruppersberger memories of this extraordinary event Broun (GA) Goodlatte Maloney Cao Gutierrez Simpson Brown (SC) Gordon (TN) Manzullo Cardoza Luetkemeyer Solis (CA) with them for the rest of their lives. Brown, Corrine Granger Markey (CO) Carnahan Marchant Souder Mr. Speaker, I would like to offer my Brown-Waite, Grayson Markey (MA) Clay Miller (FL) Stark congratulations to these fine students, Ginny Green, Al Marshall Doyle Murphy (CT) Tiberi Buchanan Griffith Massa Edwards (TX) Neal (MA) Young (AK) their parents, teachers and chaperones Burgess Guthrie Matheson Emerson Payne Young (FL) for being part of the 2009 Presidential Burton (IN) Hall (NY) Matsui Inaugural Parade. Butterfield Hall (TX) McCarthy (CA) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Buyer Halvorson McCarthy (NY) The SPEAKER pro tempore (during f Calvert Hare McCaul Camp Harman McClintock the vote). Members have 2 minutes re- MOUNT AIRY GRANITE BEARS Campbell Harper McCollum maining to vote. FOOTBALL TAKE STATEWIDE Capito Hastings (FL) McCotter TITLE Capps Hastings (WA) McDermott b 1908 (Ms. FOXX asked and was given per- Capuano Heinrich McGovern So (two-thirds being in the affirma- Carney Heller McHenry mission to address the House for 1 tive) the rules were suspended and the Carson (IN) Hensarling McHugh minute.) Carter Herger McIntyre resolution was agreed to. Ms. FOXX. Mr. Speaker, last month Cassidy Herseth Sandlin McKeon The result of the vote was announced Castle Higgins McMahon the Granite Bears of Mount Airy, as above recorded. Castor (FL) Hill McMorris North Carolina, notched one final win Chaffetz Himes Rodgers A motion to reconsider was laid on in their perfect 2008 season. The Bears Chandler Hinchey McNerney the table. Childers Hinojosa Meek (FL) won a decisive victory over Clarke Hirono Meeks (NY) f Williamston in a North Carolina 1–A Cleaver Hodes Melancon State high school football champion- Clyburn Hoekstra Mica PERSONAL EXPLANATION Coble Holden Michaud ship game on December 13. Coffman (CO) Holt Miller (MI) Mr. GUTIERREZ. Mr. Speaker, I was un- The Bears 37–14 championship victory Cohen Honda Miller (NC) avoidably absent from this Chamber today. was reminiscent of their triumphant Cole Hoyer Miller, Gary Had I been present, I would have voted ‘‘yea’’ Conaway Hunter Miller, George 2008 season, in which they allowed only Connolly (VA) Inglis Minnick on rollcall votes 30 and 31. 80 points in their first 15 games. In the Conyers Inslee Mitchell f playoffs Mount Airy dominated every Cooper Israel Mollohan opponent they faced, scoring 261 points Costa Issa Moore (KS) REPORT ON H.R. 679, AMERICAN Costello Jackson (IL) Moore (WI) to their opponents’ meager 26 points. Courtney Jackson-Lee Moran (KS) RECOVERY AND REINVESTMENT Coach Kelly Holder and the whole Crenshaw (TX) Moran (VA) ACT OF 2009 Mount Airy team, led by quarterback Crowley Jenkins Murphy, Patrick Cuellar Johnson (GA) Murphy, Tim Mr. OBEY, from the Committee on Aaron Wheeler, made the Mount Airy Culberson Johnson (IL) Murtha Appropriations, submitted a privileged community glow with pride when they Cummings Johnson, E. B. Myrick report (Rept. No. 111–4) on the bill capped their perfect season with the Dahlkemper Johnson, Sam Nadler (NY) (H.R. 679) making supplemental appro- State title. And with 16 seniors filling Davis (AL) Jones Napolitano Davis (CA) Jordan (OH) Neugebauer priations for job preservation and cre- the team’s roster, the State champion- Davis (IL) Kagen Nunes ation, infrastructure investment, en- ship is a crowning achievement for a

VerDate Mar 15 2010 10:39 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR09\H26JA9.000 H26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 26, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 1509 team of young men who have played lion over the past 12 months. Iron- Mr. Speaker, if anything should be together for so many years. ically, the Governor’s also asking the made in America, it ought to be the I congratulate the players, coaches, President to bail out California’s grow- most important military aircraft we parents, teachers and fans for a perfect ing budget deficit at the same time. have. The Pentagon wants to let the season and State championship. The So I would respectfully suggest to French, the French-based Airbus, to Mount Airy Bears deserve to be cele- the President that California’s eco- have a crack it at it. But, au contraire, brated for making this community nomic folly is not something that he mon fre`re. proud in their 2008 season. should be copying. I have filed the Air Force One Built f f in America Act to ensure that Air Force One is made in America by KNOXVILLE UTILITIES BOARD, BURGESS QUESTIONS SENATE CONFIRMATION OF GEITHNER Americans. Outsourcing Air Force One BRIGHT LIGHT OF CORPORATE is not an option. It’s un-American. If RESPONSIBILITY (Mr. BURGESS asked and was given the Pentagon has their way, au revoir, permission to address the House for 1 (Mr. DUNCAN asked and was given American jobs and national security. minute and to revise and extend his re- permission to address the House for 1 What’s next? Are we going to replace marks.) the American apple pie with crepes? minute and to revise and extend his re- Mr. BURGESS. Mr. Speaker, we And that’s just the way it is. marks.) heard this evening the unwelcome news Mr. DUNCAN. Mr. Speaker, with that the Senate, the other body, had f news reports that 68,000 jobs were shed confirmed the nominee for Secretary of SPECIAL ORDERS just today, a bright light of corporate the Treasury. I cannot tell you how The SPEAKER pro tempore. Under responsibility is emerging from my dis- disappointed I am that the Senate saw trict in Tennessee, which should be ap- the Speaker’s announced policy of Jan- fit to do that. This is going to be a dis- uary 6, 2009, and under a previous order plauded and hopefully be an example traction at a time when our Nation’s that is followed around the Nation. of the House, the following Members financial state deserves close atten- will be recognized for 5 minutes each. The Knoxville Utilities Board an- tion. How can we ask our citizens to nounced that it will not follow through pay their taxes if we appoint tax evad- f with previously planned electric and ers to head the Department of Treas- NEW STIMULUS MATH water rate increases due to the current ury? economic situation. Oftentimes, the The SPEAKER pro tempore. Under a I think it would have been appro- previous order of the House, the gen- national news reports only stories priate to resist the temptation to be tleman from Texas (Mr. POE) is recog- about businesses behaving badly. But impulsive and instead take the time to business is not the enemy. KUB em- nized for 5 minutes. make sure that the candidate we put to Mr. POE of Texas. Mr. Speaker, they ploys many people in my district and this high office is someone with more supplies vital public services. KUB an- say we have to spend more money that than just a solid resume. Make sure it we don’t have to stimulate more spend- nounced that it will hold off on all util- is someone who will make a personal ity rate increases as long as possible, ing by the American people. This is commitment to upholding the law. supposed to save us all from economic and they will instead follow through Tax evasion, be it by design or inat- chaos. I think I’m missing something with new cost management measures tention, trivializes other citizens’ duty here. How does borrowing money just in order to help out its customers dur- to pay their taxes, and it makes the to spend it help out the citizens who ing this hard time. True success in the tax burden of proof even that much not only have to come up with the business world comes when you not greater for those who do bother to fol- money in the first place but also have just not watch out for your bottom low the law. line, but for your employees and cus- We have called this a time of change to pay the interest on the govern- tomers. in our Nation, but this decision is an- ment’s shopping spree? Mr. Speaker, in closing I want to other illustration of the perception This stimulus package, which filters commend the staff at KUB and its that Washington is a place where the money to special interest groups, will board of commissioners for acting in well-connected are given special privi- cost $825 billion. But if we add up last the best interests of the people they leges. At a time where Americans are year’s so-called stimulus package that serve and the Nation. I encourage other losing faith in Congress, it is impera- didn’t work, and all the bailouts to the businesses to follow their lead as we tive that we convey it’s not okay to ap- special interest groups, like the big navigate through this economic down- point leaders who break the law. It’s bank robber barons, the Congressional turn. time to bring credibility and integrity Budget Office says we will have to bor- back to this government. row all the money to pay for it. That f means a total of an additional $2 tril- f b 1915 lion in deficit. AIR FORCE ONE—MADE IN FRANCE So, Mr. Speaker, how does borrowing SPEECH IN OPPOSITION TO (Mr. POE of Texas asked and was money just to spend $825 billion make FEDERAL WAIVER ON EMISSIONS given permission to address the House sense? Why don’t we just not spend the (Mr. MCCLINTOCK asked and was for 1 minute.) money in the first place. Let all Ameri- given permission to address the House Mr. POE of Texas. Mr. Speaker, the cans have an across-the-board tax cut, for 1 minute.) name Air Force One really says it all, those Americans that do pay taxes, and Mr. MCCLINTOCK. Mr. Speaker, I doesn’t it? It’s the number one plane— let them decide how to spend their rise to urge the President not to waive the most sophisticated and advanced money. Cut the corporate income tax, the Federal law on emission standards piece of aviation technology, designed then businesses can stimulate the that is currently protecting Califor- specifically for our Commander in economy by hiring more workers. nians from Governor Schwarzenegger’s Chief, the President of the United But, Mr. Speaker, that is not going crusade to save our planet by destroy- States. It’s a national symbol. to happen because the mindset in the ing our economy. Putting aside the Since the inception of Air Force One, United States now is that the govern- highly questionable junk science be- it has been made in, of all places, ment is smarter than the people. So hind the Governor’s proposal, the net America. Now it seems that the Pen- government saves us all from our- effect would add up to $5,000 to the tagon thinks it would be better for a selves. price of a new car. foreign company to build the next fly- Thomas Jefferson knew better. He Automobile sales normally account ing White House—a French company at said a long time ago, ‘‘I predict future for one-fifth of California’s sales taxes, that. Well, excusez moi, but that just happiness for Americans if they can which have already fallen by $11⁄2 bil- ought not to be. prevent the government from wasting

VerDate Mar 15 2010 10:39 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR09\H26JA9.000 H26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 1510 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 January 26, 2009 the money and labors of the people a minute on the education spending Second Congressional District of east- under the pretense of taking care of which is included in this legislation. ern Connecticut to talk about the di- them.’’ Oh, I wish we’d have listened to Under this measure, under this recov- lemma with which these school super- Thomas Jefferson. If this prediction is ery act that President Obama and the intendents and boards of education find true, then there are going to be a lot congressional leadership have voted on themselves in. Again, all of them are in more unhappy Americans because wise last week, over $145 billion will flow the process of coming up with contin- ole Uncle Sam is planning to spend our out directly to school districts across gency plans to lay off staff and teach- money in the name of stimulating the this country. For example, there will ers across their district. economy. be $13 billion to pay for Title I, a Fed- When I walked through with them Here are a few examples in the $825 erally-mandated program which has the provisions of President Obama’s re- billion stimulus package. I like this been underfunded as part of the dis- covery act in terms of the funds that one. The National Mall is going to get graceful unwillingness of the Federal they will get this year if we get this to some new grass that will cost $200 mil- Government to pay for the No Child the President’s desk by President’s lion. That is about $1.5 million per Left Behind Act over the last 6 years. Day, signed into law, the funds will acre. Mr. Speaker, what kind of grass And $13 billion of additional funds will flow by July 1 for this fiscal year, there is that? Gold-plated AstroTurf? I’m go out to pay for special education. was skepticism, and I don’t blame sure that spending this money will help Again, a disgraceful nonfunding by the them. The Federal Government has not the economy way down there in Dime Federal Government since 1975 when funded Special Ed, has not funded No Box, Texas. Gerald Ford signed the Special Edu- Child Left Behind. Here’s another one: $726 million for cation Act into law, mandating that all But when I explain to them that this after-school snack programs for school these local officials, again, who are measure has passed the Appropriations children. I’m sure our school kids need trapped tonight, have to come up with Committee, the Ways and Means Com- more snacks at taxpayer expense, but the resources to pay for the special mittee, the Energy and Commerce does anyone really think that will help education needs of children all across Committee as of last week, and we are the economy? Probably not. the country. voting on it this coming Wednesday, What is $825 billion anyway? Well, And $14 billion to pay for school con- after the stunned silence, the room struction. Again, directly to local com- since Uncle Sam doesn’t have the burst into applause because these folks munities so that they will have the money left in his bank, that means are feeling the pressure of this eco- funds to modernize and retrofit schools every man, woman, child, and illegal in nomic downturn just like people in the all across the country and immediately the United States will have to eventu- private sector are. ally come up with $2,700 apiece to pay putting to work the construction b 1930 for Uncle Sam’s spending appetite. trades, which is the hardest hit sector All this stimulus package does is put in the American economy. But what we need to do as a Nation A $79 billion economic stabilization us more in debt to China, which weak- is, again, to make sure that in terms of fund, which will flow directly into ens our dollar and our national secu- trying to deal with this short-term cri- States through your education cost rity. The government needs to put the sis that we are in, that we are not sharing formulas all across America to money back where it belongs, in the going to do long-term damage to the make up for the inevitable shortfall hands of the people who earned it. Let young people of this country who had which Governors and State legislators Americans decide how to spend their no responsibility for the fiscal and eco- are going to be forced to cut back on as nomic idiocy of the last 8 years. And money. After all, it doesn’t belong to they deal with, again, this historic eco- Uncle Sam. that is why it is so important, as a nomic downturn. Congress, we must step forward and And that’s just the way it is. President Obama understands that support the American Recovery and f we must act with this American Recov- Reinvestment Act and make sure that ery and Reinvestment Act with funding FOCUS ON EDUCATION SPENDING America’s public education will en- for education; number one, to make The SPEAKER pro tempore. Under a sure that hundreds of thousands of dure. previous order of the House, the gen- teachers are not going to be laid off, f tleman from Connecticut (Mr. along with staff, who, again, we entrust OBAMA ADMINISTRATION COURTNEY) is recognized for 5 minutes. with making sure are children are STATEMENTS Mr. COURTNEY. Mr. Speaker, to- going to be educated every single day The SPEAKER pro tempore. Under a night, as we sit here in this Chamber, across this country. all across America there are school su- He also understands long term that previous order of the House, the gen- perintendents, there are boards of edu- the failure to step in and avoid larger tleman from Indiana (Mr. BURTON) is cation, there are boards of finance that class sizes, which will result in teacher recognized for 5 minutes. are grappling with the greatest eco- layoffs, is going to ensure that our Mr. BURTON of Indiana. Mr. Speak- nomic downturn since the Great De- economy will grow not just in the er, I would like to ask my colleagues a pression. And as we know from press short term, not just as we get through question: Who said this: ‘‘The problem reports all over the country, hundreds this economic crisis, but also to make with socialism is you eventually run of thousands of school teachers have sure that long term that America’s out of someone else’s money’’ that is been given layoff notices. Forty-four competitiveness will be maintained. the problem with big spending in gov- States are now in deficit; $95 billion for We know what is happening across ernment when you don’t have it? 2009 fiscal year, $145 billion for the 2010 the world today. That there are coun- My good friend, Mr. POE, just talked fiscal year, as all these local officials, tries which are beating us in science, in about a lot of the waste that is in the who have the responsibility of making engineering, in math. And if we allow so-called stimulus package. But you sure that we have school programs that as a Congress to step back and leave know, in addition to that there are a our children can have an opportunity local communities on their own, with lot of other things that worry me, like to thrive and grow, are bracing them- declining property tax revenues and de- the things that the President just said selves for Governors who inevitably are clining State support for public edu- and some of his cabinet members just going to be reducing State support for cation across this country, we will said, and what the vice president just education. damage not only this country in the said. It is in that context, Mr. Speaker, short term, but we will damage it in Let me just read to you a quote from that as we proceed as a Congress to terms of our long-term ability to com- President Obama which was on Friday, take up the American Recovery and pete and thrive and grow as a Nation. January 16. He said, talking about the Reinvestment Act on this Wednesday, This past Saturday, I sat down with $835 billion stimulus package, ‘‘This that I think it’s important to focus for school superintendents all across the plan is a significant down payment on

VerDate Mar 15 2010 10:39 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR09\H26JA9.000 H26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 26, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 1511 our most urgent challenges.’’ Down We are putting this country into an This loan pooling process, some payment? That is almost $1 trillion, economic black hole that we shouldn’t would say a Ponzi scheme, for plus the $700 billion that we put in the be doing right now. What we should be securitization of loans make one’s head bailout bill for the banks and Wall doing is stimulating the economy the spin. But at its core is one thing: Lots Street. So that is $1.5 trillion, and he right way, by giving the American peo- of profit on the upside, and now lots of says this is a down payment on our ple part of their hard-earned money loss on the downside. most urgent challenges. back and creating an incentive for I do not know if my constituent can We are spending so much money that business to invest in this country, like rescind his loan, avoid foreclosure, save we are going to have hyperinflation cutting the capital gains tax at least his credit rating and, therefore, his fi- down the road. And it won’t be just us for 1 or 2 years. If we did that, we nancial future, because he cannot prop- that will be paying for it; it will be our would have true economic recovery erly notify the holder of the mortgage. kids and our grandkids, and the quality that will last, and not something that No one knows who it is. of life for everyone is going to suffer. is just going to last until we print My constituent’s situation is not And then, of course this Sunday, ap- more money. unique, and in fact the story reverber- pearing on CBS face the Nation, Vice f ates from sea to shining sea. We bailed President BIDEN said that, ‘‘Obama’s out the banks because of these very choice for Treasury Secretary, Tim- OUR ECONOMY practices which created certain toxic othy Geithner, will soon recommend to The SPEAKER pro tempore. Under a assets; yet, the practices continue: President Obama whether more money previous order of the House, the gentle- People lose their homes, the economy is needed beyond the $700 billion al- woman from Ohio (Ms. KAPTUR) is rec- is tanking, and the bailed out banks ready allocated to American banks.’’ ognized for 5 minutes. are filling their coffers, paying divi- So the $700 billion, $350 billion of Ms. KAPTUR. Mr. Speaker, our econ- dends, making acquisitions, giving bo- which we don’t know anything about, omy is far from healing. Economists nuses, holding auctions of these prop- it may have been wasted, at least a believe that the proximate cause of our erties. large part, and there is another $350 economic crisis is the housing fore- Furthermore, I would like to call billion in the tank that President closure crisis. I agree. Thus, I want to your attention and include in the Obama is going to use; and now Vice help explain how the very banks the RECORD today’s Wall Street Journal ar- President BIDEN is saying that they Executive Branch is bailing out have ticle titled, ‘‘Lending Drops At Big may need more than the $700 billion. and continue to make money off our U.S. Banks.’’ According to the article, So here, we hear the President talk- constituents through deceptive prac- 10 of the 13 biggest beneficiaries of ing about a down payment on the tices in the housing industry, specifi- bailout monies who received $148 bil- money that is going to be spent, $835 cally through the sale of those mort- lion of our taxpayer money saw their billion, and Lord only knows how much gages. outstanding loan balances decline by a is going to be added to that. And then, I have a constituent in Sandusky, total of $46 billion between the third Vice President BIDEN says that Mr. Ohio, who refinanced his home due to a and fourth quarters of 2008. That means Geithner might want more than the divorce to an adjustable rate mortgage they weren’t making loans with the $700 billion that has been used for bail- through an Ohio bank. But then, J.P. money they got. The intent of bailing ing out the banks and Wall Street. And Morgan Chase Bank in New York out Wall Street by those who voted for then of course, on Meet the Press Sun- bought the bank and closed the deal on it was to free up credit. They didn’t do day, Lawrence Summers, a top eco- the refinancing of the mortgage. Chase it. And, Federal regulators are aiding nomic adviser to President Obama, did not properly disclose to this gen- and abetting them. said, ‘‘The government can’t afford to tleman that the rates were higher than Rather than using the Federal De- spend more than $1 trillion to boost the what was in the original loan docu- posit Insurance Corporation and the economy and save financial institu- ments, which violates the Real Estate Securities and Exchange Commission tions.’’ Settlement Procedures Act and the as the proper agency for mortgage res- I would just like to say to my friends Truth in Lending Act. olution, what we continue to see is who might be paying attention, it is My constituent has paid and, to the Treasury in charge, which is a revolv- not the government that is spending best of my knowledge, is making reg- ing door between Wall Street and the that money; it is the taxpayers that ular payments on his mortgage to an highest levels of our government. are spending that money. And we are escrow account; however, around last Paul Volcker put out a report last spending this country right down into October, with the help of a lawyer, he week on behalf of the Group of 13, call- a dark black hole from which we may served J.P. Morgan Chase a notice of ing for nations to reform their pro-cy- never get out. I mean, it is tragic that rescission on his loan due to the afore- clical regulatory and accounting rules. we are just throwing money at this, mentioned violations. His lawyer re- Unless this is done, why would our gov- when we should be cutting taxes across quested that Chase inform him of any ernment allocate one more penny of the board to give Americans and busi- interested parties and holders of his taxpayer funds to cleaning up the mess ness more disposable income so they mortgage to properly notify them of that Wall Street and Washington lead- can get this economy moving again in his rescission. Chase has not properly ers have gotten us into? answered his query, so the case is going the right direction through the free en- [From the Wall Street Journal, Jan. 26, 2009] terprise system. to court. LENDING DROPS AT BIG U.S. BANKS—TOP President Barack Obama signed his It is the belief of my constituent’s BENEFICIARIES OF FEDERAL CASH SAW OUT- first two Presidential memoranda lawyer that Chase cannot name the STANDING LOANS DECLINE 1.4% LAST QUAR- aimed at getting us on the path to en- holder of the mortgage. His loan was TER ergy independence; and what he said sold to a bank which placed his mort- (By David Enrich) when he signed those just today or yes- gage in a loan serving pool. Then his Lending at many of the nation’s largest terday, he said, ‘‘That is a down pay- loan was chopped up into parts, bun- banks fell in recent months, even after they ment on a broader and sustained effort dled, and sold as mortgage-backed se- received $148 billion in taxpayer capital that to reduce our dependence on foreign curities to hundreds of large institu- was intended to help the economy by making oil.’’ tional investors. Involved are trust loans more readily available. Everything is a down payment, which oversight managers, depositors, under- Ten of the 13 big beneficiaries of the Treas- means they are going to spend trillions writers, trust administrators, inves- ury Department’s Troubled Asset Relief Pro- more, billions and trillions more of gram, or TARP, saw their outstanding loan tors, trust fund issuing entities, trust- balances decline by a total of about $46 bil- money that they don’t have that is ees. But who really knows who all are lion, or 1.4%, between the third and fourth going to have to be printed or we are involved? But we know this: They all quarters of 2008, according to a Wall Street going to have to borrow from some- got a piece of the pie on the trans- Journal analysis of banks that recently an- place like China. action. nounced their quarterly results.

VerDate Mar 15 2010 10:39 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\BR09\H26JA9.000 H26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 1512 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 January 26, 2009 Those 13 banks have collected the lion’s gling to prop up the financial system. Politi- down their balance sheets to reflect the new share of the roughly $200 billion the govern- cians in the U.S. and overseas are ratcheting risk-averse environment. ment has doled out since TARP was up their rhetoric about banks needing to do At BB&T, a Winston-Salem, N.C., bank launched last October to stabilize financial their part. On Sunday, Franz Mu¨ ntefering, that got $3.13 billion from TARP, fourth- institutions. Banks reporting declines in chairman of Germany’s Social Democrats, quarter lending volume rose about 2%, or $2 outstanding loans range from giants Bank of said in an interview with a German news- billion. While BB&T is making new loans, America Corp. and Citigroup Inc., each of paper that ‘‘most of the bankers are com- Chief Executive Kelly King said the bank in- which got $45 billion from the government; petent and responsible, but there are also vested much of its taxpayer capital as a way to smaller, regional institutions. Just three some beatniks, pyromaniacs and gangsters.’’ to earn a decent return while shunning risk. of the banks reported growth in their loan NEW STUDENT LOANS ‘‘We parked it there, and will redeploy it as quickly as we can, not in a panic,’’ Mr. King portfolios: U.S. Bancorp, SunTrust Banks In a sign that banks are feeling political said last week on a conference call with ana- Inc. and BB&T Corp. heat, Citigroup is expected to announce lysts. ‘‘We’re not going to make a bunch of The loan figures analyzed by the Journal Tuesday a plan to use some of its TARP exclude some big TARP recipients that bad loans.’’ money to finance tens of billions of dollars The overall loan decline likely understates haven’t reported fourth-quarter results yet, in new loans this year, according to people such as Wells Fargo & Co. the magnitude of the industry’s retrench- familiar with the situation. The push will in- ment. The overall decline in loans on the 13 clude credit cards, student loans and mort- banks’ books—from about $3.36 trillion as of In normal times, banks would make loans gages aimed at specific segments of the pop- and then sell many off to investors or finan- Sept. 30 to $3.31 trillion at year’s end—raises ulation, one person said. fresh questions about TARP’s effectiveness cial institutions. But that practice has Of the $45 billion it got from the govern- ground to a halt, so more loans today are at coaxing banks to reopen their lending ment, Citigroup last fall invested $10 billion spigots. staying on banks’ books. As a result, some in Fannie Mae’s short-term commercial banks’ loan portfolios could appear larger ‘‘It has failed,’’ said Campbell Harvey, a fi- paper, which the company views as rel- nance professor at Duke University’s busi- than they would have in the past, even atively low risk, according to the person fa- though they aren’t actually making more ness school. ‘‘Basically we have dropped a miliar with the matter. The remaining $35 huge amount of money . . . and we have loans. billion hasn’t been put to use yet. Bank balance sheets also have been in- nothing to show for what we actually wanted Even critics of TARP’s capital injections to happen.’’ flated as more companies draw on credit say that they steadied financial institutions lines that banks committed to before the fi- CREDIT CONSTRAINTS and soothed investors, averting possible ca- nancial crisis erupted. Last fall, an increas- In a survey last month of 569 U.S. compa- tastrophe. The first capital infusions were ing number of borrowers started tapping nies, Mr. Harvey and researchers at Duke announced about a month after Lehman those lines, banks say, either because other and the University of Illinois found that 59% Brothers Holdings Inc. filed for bankruptcy types of credit were evaporating or out of an felt constrained by a lack of credit. Many of protection, igniting fears that other shaky abundance of caution. those firms are shelving expansion plans and financial companies could collapse. For example, KeyCorp, where total loan cutting jobs as a result of funding shortages, The fourth-quarter decline in overall loan balances declined by about $200 million in according to the survey, which is expected to volume at the 13 banks coincides with an in- the fourth quarter, saw a $1.3 billion leap in be released this week. dustry-wide retreat from broad swaths of its commercial, financial and agricultural Bankers say it is unfair to expect them to consumer lending. Banks have scaled back loans. Chief Financial Officer Jeffrey Weeden funnel a large portion of their government on mortgage lending, canceled or substan- said that was primarily the result of clients capital into loans so soon after receiving it. tially reduced many home-equity and credit- dipping into their revolving lines. They say it takes time to make prudent card lines and, in some cases, simply stopped KeyCorp, which is based in Cleveland and loans and to attract new deposits that will making certain types of loans unless they’re received $2.5 billion in federal capital, made allow them to lend out their new capital effi- guaranteed by the U.S. government. or renewed $5.7 billion of loans in the fourth ciently. RECESSION WOES quarter. But KeyCorp has stopped making Demand for low-risk loans is also ebbing as Despite dismal economic conditions, many student loans unless they’re backed by the consumers and businesses rein in their bankers insist they are making every good U.S. government. spending and try to conserve cash, according loan that they can. Bank of America and f to bank executives. Even though mortgage J.P. Morgan Chase & Co., which got a com- rates are down, for example, applications in bined $70 billion in government capital, said ECONOMIC STIMULUS the week ended Jan. 16 declined about 10% they originated a total of $215 billion in The SPEAKER pro tempore. Under a from the previous week, according to the lat- loans in the fourth quarter. Their combined previous order of the House, the gentle- est data from the Mortgage Bankers Associa- loan portfolios shrank by about $28 billion in woman from New York (Mrs. MALONEY) tion. the same period. Meanwhile, federal regulators have been Scott Silvestri, a Bank of America spokes- is recognized for 5 minutes. pushing many banks to set aside extra cap- man, said the Charlotte, N.C., bank’s loan Mrs. MALONEY. Mr. Speaker, the ital to cushion against losses. Bankers say balances declined in part because more bor- current economic crisis requires bold that is at odds with the government’s en- rowers have been paying off their debts. In solutions that address the magnitude couragement to make more loans. addition, ‘‘there were fewer opportunities to of our economic woes, and the Amer- The fact that loan portfolios are shrinking make high-quality loans because of the re- ican Recovery and Reinvestment Plan at many of the largest TARP recipients un- cession,’’ he said. A spokesman for J.P. Mor- will do just that. The $825 billion recov- derscores how few strings Treasury Depart- gan declined to comment. ery package that we will vote on this ment officials attached to the infusions. The loan volumes that banks disclose pub- That has made it hard to prevent banks from licly only reflect outstanding loans on their week will create or save an estimated 4 using the money to pay dividends, make ac- books, many originated years ago, not the million jobs and will make key invest- quisitions and fund bonuses for top execu- actual amount of new loans made in a given ments in our future. tives. quarter. While several banks reported the First and foremost, the economic re- Federal officials argue that the downturn amount of new loans they made in the fourth covery package focuses on blunting the in lending would have been much more acute quarter, they didn’t disclose comparable fig- effects of the recession and helping without the TARP funding, and that attach- ures from prior periods. families in need by increasing food ing additional strings to the money could ‘‘What you can’t tell is how low they would stamps for some 30 million Americans, have led banks to make risky loans or to have sunk in the recession we’re in were it refuse to accept the government capital. not for the TARP money,’’ said Walter expanding unemployment benefits, and Obama administration officials acknowl- Moeling, a partner in the banking practice at preserving health care benefits. edge that TARP hasn’t managed to jump law firm Bryan Cave LLP. Our plan protects health care cov- start lending as intended, and say they plan The overall decline in loan balances during erage for nearly 20 million Americans to overhaul the program to address the the fourth quarter reflects the huge hurdles during this recession by increasing the shortcomings. TARP recipients must submit and conflicting agendas that need to be over- Federal Medicaid Assistance Percent- lending data to the Treasury Department by come before credit can start flowing smooth- age, FMAP, so that no State has to cut the end of January, though industry officials ly again. eligibility for Medicaid and SCHIP, the don’t expect the disclosures to divulge much For instance, many banks have said they more than what banks already include in are using TARP funds to cover current or an- Children’s Health Insurance Program, routine regulatory filings. ticipated defaults on a wide variety of loans. because of budget shortfalls. Around the world, bankers are under pres- At the same time, shareholders at many I am encouraged that in my home sure from regulators and lawmakers strug- institutions have demanded that they slim State of New York, where we have an

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This is critical tors. stead to enable banks to be in a posi- funding for our State which is seeing As President Obama recently said, tion of making direct investments in an increase in caseloads as a result of ‘‘This is not just a short-term program individual banks if they want to, but the recession. to boost employment. It’s one that will more specifically, banks have taken a We will also provide health care cov- invest in our most important prior- no-strings-attached approach to the erage for nearly 8.5 million Americans ities, like energy and education, health bailout which has enabled them to pos- through a tax credit that would allow care, and a new infrastructure, that are sibly pay down their debt, acquire newly uninsured and unemployed necessary to keep us strong and com- other businesses, or make investments Americans to keep their health insur- petitive in the 21st century.’’ for their future. ance through COBRA, as well as a new Federal Reserve Chairman Ben So the taxpayers of the United option in Medicaid for low income peo- Bernanke voiced optimism for the re- States, when we look around this coun- ple who lack access to COBRA. covery plan, stating that, if enacted, it try, they are suffering in so many The recovery plan also invests in im- would ‘‘provide a significant boost to ways, their jobs are at risk, their portant needs that have been neglected economic activity.’’ It is time to get homes are at risk, their pensions are at over the past 8 years. America’s our economy back on track. I urge my risk, are financing a windfall for bank- schools, roads, bridges, and water sys- colleagues to support this important ers. The Treasury Secretary said some tems are in disrepair, and this is cre- measure. time ago that the banks should use the ating a drag on economic growth. We money to help struggling homeowners f will embark on the most ambitious stay in their homes and avoid fore- public investment agenda since the b 1945 closure. But that isn’t what has happened. Be- 1950s, when we created the Interstate THE BANK BAILOUT DEBACLE Highway System, which provided an cause whenever the banks went to important engine of economic growth. The SPEAKER pro tempore. Under Treasury, they were essentially told, We have an historic opportunity to the Speaker’s announced policy of Jan- look there are no strings attached and make the investments necessary to uary 6, 2009, the gentleman from Ohio no conditions attached. We know that modernize our public infrastructure, (Mr. KUCINICH) is recognized for 60 min- in the Cleveland area, one bank took transition to a clean energy economy, utes as the designee of the majority $7.7 billion from the Treasury and used and make us more competitive in the leader. it to acquire National City Bank which future. Mr. KUCINICH. Mr. Speaker, this will cost our Cleveland area thousands Our plan will modernize our trans- evening I would like to have a discus- of jobs. National City was sold at fire portation infrastructure, and repair sion about what is going on in the sale prices. Their stock was driven thousands of miles of roadways; en- American economy, how it is affecting down. The kind of financial double hance security at 90 major ports; ren- the American people, the decisions dealing and misconduct that went on ovate 10,000 public schools, and im- that Congress made to make it possible that made it possible for one corpora- prove the learning environment for for financial instruments to become so tion to take over another corporation’s about 5 million children; launch thou- complicated that it furthered specula- asset, effectively reducing the value of sands of clean drinking water and tion in the marketplace, the decision the stock and the holdings of stock- wastewater initiatives; computerize that Congress made to bail out the holders and driving a bank out of busi- every American’s health record in 5 banks and the impact on our economy, ness that had been in business 162 years years, reducing medical errors and sav- some solutions that may help us dig and should still be in business today, ing billions of dollars in health care our way out of this financial mess, and underscores what has been wrong from costs; undertake the largest weather- some suggestions for restructuring the beginning with this approach of the ization program in history, modern- some of the institutions of our govern- so-called Troubled Asset Relief Pro- izing 75 percent of Federal buildings ment that would enable it to more ef- gram. and 2 million homes; and, double our fectively serve the public interest. At the beginning, it was supposed to renewable energy generating capacity Mr. Speaker, I would like to begin be about, and it should have been over the next 3 years, creating enough with a discussion of a news item which about, helping people avoid bank- energy to power 6 million American was published today in the New York ruptcy. That is what Congress had an- homes. Times with the headline ‘‘Pfizer to buy ticipated. But instead, what has hap- Our plan also supports working fami- Wyeth in $68 billion deal.’’ This deal, pened is the banks have seen it as a lies by providing a $1,000 Making Work according to the Times, would create a windfall. The government should have Pay tax cut for 95 percent of workers pharmaceutical behemoth, the $68 bil- looked at the mortgage-backed securi- and their families. In addition, we will lion deal. One of the most noteworthy ties, taken a controlling interest and expand the child care tax credit, pro- parts of the report indicated that helped millions of people stay in their viding a new tax cut for parents of Pfizer’s bid is being financed by four home by loan modification and by writ- more than 6 million children, and in- banks that received Federal bailout ing down the principal, perhaps low- creasing the benefit of the existing money, Goldman Sachs, JPMorgan ering the interest and extending the credit for more than 10 million young Chase, Citigroup, and the Bank of terms of payment, the time of payment people. America. because after all, it was the meltdown By including major fast-spending It goes to say that such banks have in the subprime mortgage industry provisions like tax cuts for middle- been criticized for not doing more lend- that resulted in banks being in so class families, measures to avoid State ing since they received government much trouble. So wouldn’t it make health care cuts, and temporary expan- aid. Needless to say, most consumers sense that if you enabled people to pay sions of unemployment insurance, food will understand that if you see a con- their mortgages and stay in their stamps, and health care for unem- glomeration in the pharmaceutical in- homes that it would have a beneficial ployed Americans, the package will dustry, it can only mean higher costs effect on the banks? But no. What has spend out at least 75 percent of its for pharmaceuticals for the American happened is that homeowners are still total commitment within the first 18 people. But what is interesting is this struggling to survive all around this months after passage. The plan will is being facilitated with money from country from east coast to west coast spread job creation out over the next the American people, money that went and looking at mortgage resets that

VerDate Mar 15 2010 10:39 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\BR09\H26JA9.000 H26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 1514 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 January 26, 2009 are coming up in 2009 with Alt-A and cans save their homes. There could be grew 151 percent in 1959 to an astro- jumbo mortgages. People are in over 10 million homes in jeopardy, and peo- nomical 373 percent in 2007. their head on their mortgages because ple will say, well, look, if somebody This is a discussion that comes from of misconduct in the industry and be- didn’t do the right job in financing an article written by John Bellamy cause of changes in the economy. And their homes and didn’t pay enough at- Foster and Fred Magdoff in the Decem- instead of getting help from their gov- tention to what they needed to do to ber ‘‘Monthly Review’’ called the ‘‘Fi- ernment, the government is helping protect themselves financially, they’re nancial Implosion and Stagnation: the banks with a $700 billion bailout. on their own. Well, wait a minute. This Back to the Real Economy.’’ Now it would be nice if this would be is affecting all Americans. There are So we are in a debt-based economy. the end of it. In an article in the Times neighborhoods in Cleveland where the We are creating more and more debt. called ‘‘The End of Banking As We values of property have dropped 25, 30 The world of financial socialism, in Know It,’’ we have this, ‘‘it’s too soon percent because of foreclosures in the which corporations join with the gov- to say how much taxpayers’ money will neighborhood. Don’t think for a mo- ernment to strip the remaining assets be spent trying to rebuild banks ment that just because you haven’t of the middle class, is upon us. Stark hollowed by out by bank’s lending been foreclosed that you aren’t paying economic and political decisions offer a practices.’’ Paul Miller, an analyst at a price with this foreclosure crisis be- truly explosive political scenario over Friedman Billings Ramsey thinks that cause the value of your property is the next several years. The redistribu- the Nation’s financial system needs an going down. All over America this is tion of wealth upwards has surged over additional $1 trillion in common equity happening. And what does this mean? the last 28 years and will not be readily to restore confidence and to get lend- It means that there is a massive shift accepted by those at the bottom forced ing. It goes on to say that trillion dol- of wealth in this country going on. It’s to accept structural adjustments to lars could come on top of the funds dis- going on for the American taxpayers. their lives while the plutocrats bursed already through the Troubled It’s going on for the American home- luxuriate. Asset Relief Program, which has owners. And it’s going right to the top, In the United States, the top 1 per- tapped $700 billion and on top of Presi- right to the top. The banks are cashing cent of wealth holders in 2001 together dent Obama’s stimulus plan clocking in in. Forget moral hazard. It doesn’t own more than twice as much as the at $825 billion. So, hold on to your hat, matter any more if someone doesn’t do bottom 80 percent of the population. I Mr. and Mrs. America, because the business in the right way. We’re bailing want to repeat that. The top 1 percent banks are not done with this Congress them out. Today we see stories about of wealth holders in 2001 together own yet. They are going to be looking for nationalizing banks. That is not a more than twice as much as the bot- even more money. And they are not proper function of the government, to tom 80 percent of the population. What talking about saving homes. They are run banks. And yet, we’ve already does that say about a democracy? If not talking about saving jobs. They are moved down that path. It’s anti-demo- this were measured simply in terms of using this opportunity to game the sys- cratic. It could lead to fascism. We financial wealth, that is, excluding eq- tem. have to think about the implications of uity and owner occupied housing, the Tom Friedman, in another article in what is happening in our economy. top 1 percent own more than four times the Times headlined, ‘‘Time for Shock We’ve seen the speculation driving the bottom 80 percent. And this, again, Therapy,’’ it’s all about the banks, this economy. An economy built on is in the Foster and Magdoff article. folks, quotes David Smick, author of gambling and not real production is From my own research based on the ‘‘The World is Curved,’’ who says that not sustainable. That, of course, means Congressional Research Service, the the bankers are sitting on mountains that moving to the financial sector as following exponential growth of wealth of cash, including our bailout money, a source of profits is an unsustainable at the top is illustrative of the problem because they know their true balance Ponzi scheme. It is based on the arro- of our faltering consumer economy. sheets are a disaster, far worse than gant belief of those who know the math The income from wealth, and that is publicly stated. No one trusts the of the so-called Black-Scholes model, interest, dividends, rent and capital banks. And even the bankers don’t which is a mathematical model for gains, between 1979 and 2003 for the top trust each other. Smick goes on to say pricing options and now nearly every 1 percent of the population grew from that bringing clarity to bank balance income stream can never be wrong. But 37.8 percent of the total pie to 57.5 per- sheets is the first step to fixing Amer- they were. And the result is not nice to cent in that 24-year time period. The ica’s bank lending problem. Friedman see: Massive gambling debts that their wealth of America is accelerating to writes that only after we bring full formula said were nearly impossible the top. We are in a cycle of debt defla- transparency to bank balance sheets and are truly impossible to pay with- tion in which financial institutions and will we see private capital buying into out taking from those at the bottom of individuals see they must unwind, banks again at scale. the economic pyramid. Remember, this deleverage, their 20 to 41 bets, the bail- He quotes Stephen Eisman, a port- time in our national experience is all out money was doomed to fail, because folio manager and banking manager at about taking wealth from the great as Keynes said, it would be hoarded. FrontPoint Partners ‘‘the loss of con- mass of the American people, from The vicious cycle is that as banks and fidence is just a symptom of bad credit your paychecks, your wallets, your others sell their assets to reduce their and overleverage. The banks are not purses and pocketbooks and just mov- exposure to the bursting asset bubble, lending because they know their bal- ing it right to the top. the value of those assets drop. The re- ance sheets are loaded with future The reason for the breakdown in the sult is the falling price of a defla- losses and they don’t have enough cap- financial system is not complex. Be- tionary cycle. ital.’’ Friedman concludes by saying cause we no longer make stuff for a Now, the pros who put us in this situ- that a stimulus package that does not profit, we have to leverage up financial ation don’t have any idea, or they also unclog the arteries of our banking instruments, sometimes 30 to 40 times refuse to examine the evidence, that system will never stimulate suffi- to one to get good returns. It is a game massive debt imposed on families and ciently. for the truly arrogant. It is another ex- society is the problem. Debt is the So there is a synergistic relationship ample of the ‘‘smartest guys in the problem here. As wages were stagnant, between the way we are handling this room’’ like Enron. No one, unfortu- the Fed intentionally created the hous- situation on Wall Street and the way nately, is that smart or that perfect. ing bubble to lure people on to debt that we hope to get the American econ- And the bite of leverage, when the in- treadmills to keep the economy afloat. omy moving again with a fiscal stim- vestment, homes, in this case, goes Americans own less and less of their ulus. But we cannot keep giving away south, is terrible to behold. When all homes. And the belief that asset infla- money to the banks and ignore the un- sectors are included, the total debt as a tion separate from wages is real wealth derlying crisis of failure to help Ameri- percentage of gross domestic product is ludicrous.

VerDate Mar 15 2010 10:39 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\BR09\H26JA9.000 H26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 26, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 1515 Our economy has hit a massive debt Approximately 2.6 million jobs were The Federal Government must spend. iceberg. And what is the solution of the lost in 2008. The government cannot, as in reces- navigators who took us there? Steer Let’s get beneath the statistics here. sions past, rely on the American con- north into greater ice floes. Using cap- Think of what happens when a mother sumer to spend the money out of a ital for casino games and not to in- or father comes home and says, I’m out downturn. Americans have no cash to crease production is a totally mis- of work. Think of the impact that has spend and no credit to access. The gov- guided policy. I’m calling for a manu- on a family, especially, as most Ameri- ernment must be the employer of last facturing and industrial policy, an cans, they are living paycheck to pay- resort and the spender of last resort, American manufacturing policy, which check. What does it mean? It means a and the government must spend says that the maintenance of steel, whole way of life changes. Suddenly enough to create demand for the goods automotive, aerospace and shipping is the home is in jeopardy because the and services of a full employment econ- vital to our national economic security mortgage can’t be paid. Suddenly a omy. and it is vital to our ability to defend child’s college education is in jeopardy. America has come a distance since our Nation. Health care benefits suddenly become the era of Ronald Reagan who saw gov- If you look at Iceland, whose govern- threatened. Pensions end up in trouble. ernment as the problem. Today in 2009, ment is falling right now, and you look Credit card debt cannot be paid. Ten- government is not part of the problem, at Russia and the Baltic States, you sions begin to build inside homes. We government is the only solution. And if get some idea of what these neo liberal have to remember how this is affecting you don’t believe me, ask those banks economic policies would do to this American families, the instability that who are getting $700 billion and want country. The total asset of Iceland’s comes about as a result of unemploy- another trillion; from whom, the gov- banks grew from 96 percent of its gross ment. We have to be in touch with the ernment. domestic product at the end of 2000 to American family and how it is suf- Businesses will respond by spending nine times its gross domestic product fering right now, not only from the on investments to meet the demand, in 2006. And as Magdoff, et al., states, real loss of jobs, but from the insta- and consumers will be earning money now Icelandic taxpayers, who are not bility of the potential of losing a job as workers, making the goods and serv- responsible for these actions, are being from cuts in wages and cuts in benefits. ices the government is paying for. Now we need a broad-based response asked to carry the burden of overseas And of course there are 8 million peo- to the unemployment situation. speculative debts of their banks result- ple who are working part-time when Former Secretary of Labor Robert Rice ing in a drastic decline in a standard of they want to be working full-time. advocates at least temporarily lifting living. And it’s exactly what we’re This is about 13.5 percent of the Amer- the 60-month limit on welfare benefits. looking at in this country, unless we ican workforce. More than one in eight As the nature of work changes, we change directions, unless we stop bail- workers in the United States, over 21 must modernize the safety nets that ing out the banks, and unless we take million people, now are either unem- assist individuals and families in time a new direction in how we manage our ployed or underemployed. In December, of distress. economy. over 40 percent of unemployed workers had been out of a job for at least 3 This should include expanding fund- We know that the private sector is in ing and access to Food Stamps, women, a downward spiral that feeds on itself. months. And 23 percent had been out of a job for at least 6 months. infants and children’s benefits, as well Consumers and businesses are spending as food banks and emergency food pro- a lot less on goods and services. As a b 2000 viders. There is no reason for us to go result, workers at businesses are pro- This job situation cuts across all sec- back to those images of the Depression ducing fewer goods and services. That tors. Manufacturing lost 791,000 jobs. where people were waiting in bread and means that fewer workers are actually Construction job losses reached 899,000. food lines trying to survive. working and fewer businesses are work- Job losses in professional and business The stimulus bill increases social ing at their potential. Consumers are services totaled 490,000. And there were safety net spending, $43 billion for in- spending less because they have lower 522,000 job losses in retail trade. creased unemployment benefits and job incomes. Businesses are not spending You only need to think about the training. But you can’t train people for money on investments and expansion past holiday season. There weren’t as jobs that don’t exist. There is $20 bil- because no short-term profits can be many employees in those retail estab- lion to increase Food Stamp benefits, seen. lishments, and people weren’t buying $200 million for senior nutrition serv- There is one unique feature of this as much. They were just looking. ices, $726 million for after-school recession that we need to keep in mind. We need a comprehensive and an am- meals, $150 million for food bank as- Consumers are not just out of work and bitious response that addresses every sistance, and $1 billion for community with a lower income but they are also sector of the economy and cuts to the services block grants, but it is just the highly indebted thanks to the subprime epicenter of the financial crisis that beginning. mortgage lending, the proliferation of brought us to this point. We must also modernize the way we credit cards, and payday lending. That In my own State of Ohio, the unem- provide unemployment benefits and is important to keep in mind because it ployment rate hit a 22-year high last measure the ranks of the unemploy- will affect consumers’ behavior when month, 7.8 percent. And 2 weeks ago, so ment because, as we know, many peo- they receive money, either from the many Ohioans attempted to file unem- ple are not even measured in the unem- government as a rebate or at work. ployment claims that the Website ployment statistics. Most States have They use a lot of whatever they get to crashed. The phone lines were also requirements that preclude many peo- pay down the debt. down because they couldn’t handle the ple who are losing their jobs from re- I would like to ask the Speaker how call volume, over 10 times the normal ceiving benefits. For example, a person much time I have remaining. call volume. working two part time jobs who loses The SPEAKER pro tempore. The gen- Later this week we are going to con- both those jobs would be ineligible for tleman has 40 minutes remaining. sider the American Recovery and Rein- benefits in a State that requires dis- Mr. KUCINICH. Let’s look at the cur- vestment Act. And that, of course, is location from full-time work. rent unemployment situation because only a beginning. All levels of government should tem- we should not have any discussions in I want to applaud President Obama, porarily relax the rules for providing this Congress without talking about Speaker PELOSI, Chairman OBEY, and unemployment benefits. We must make what is essential to the American peo- everyone who has worked to craft a sure that all dislocated workers, full ple, and that is jobs. Unemployment in package that essentially is going to be time, part-time, contract workers, December rose to 7.2 percent. 524,000 a downpayment on economic recovery. Congress needs to make sure that such full-time jobs were lost. December was But we have to remember it is only workers are not falling through the the 12th straight month of job losses. that. cracks.

VerDate Mar 15 2010 10:39 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\BR09\H26JA9.000 H26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 1516 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 January 26, 2009 Let’s speak about housing. An $8 bil- a bill that I helped to write with John ance. But it would also eliminate about lion housing bubble has burst. That is Conyers, is one of the best ways we can half of all bankruptcies in the United home equity. That will never return in help boost our economy. It eliminates States by addressing the enormous the lifetimes of American homeowners. billions of dollars in bureaucratic problem of the underinsured. Let me In some areas in Cleveland, my com- waste that are being funded by every- explain. munity, housing prices have deflated one who receives health care and al- About half of all bankruptcies, Mr. by as much as 75 percent. Some neigh- lows money to be channeled into the Speaker, in the United States are re- borhoods in my community in Cleve- economy. In fact, it saves so much lated to medical bills. Of those who are land still average two foreclosures a money that it will be able to cover ev- bankrupted by medical bills, three- day. Foreclosure filings increased eryone in the U.S. for all medically quarters had some kind of insurance 303,000 in December, a 17 percent in- necessary services. before they got sick. I cannot stress crease from November. Foreclosures We pay almost twice as much for enough the importance of this sta- have increased a staggering 41 percent health per person than the average of tistic; half of all bankruptcies in the in the last year. Almost every econo- other industrialized nations, yet the U.S. related to medical bills. Of those mist and policymaker acknowledges World Health Organization ranks our who were bankrupted, three-quarters that subprime mortgages initiated a health care system 37 in the world. The had some kind of insurance before they foreclosure epidemic that is the epi- situation is worsening as costs con- got sick. Three-quarters of all medical center of our current financial crisis. tinue to increase, employers continue bankruptcies happened to people who The American economy will not begin to scale back coverage, and the number already had insurance. It tells us in to recover unless we address this core of uninsured—now 46 million—con- very stark terms that too many Ameri- problem of foreclosure. We must begin tinues to rise. cans think they’re getting full health with a massive campaign of mortgage Four out of five, 82 percent, of the insurance when in reality they’re get- principal modifications to make loans uninsured are in working families. ting only partial health insurance. Health insurance is full of holes. In- available to homeowners. This would Think about it. You are working and surance companies make money by de- solve the problem of the borrower as you still can’t afford health insurance. nying care. In this case, that means well as the investor. The homeowner What’s happened in America? How selling plans that have limited cov- can afford to stay in his or her home, many people are not getting the care they need because they can’t afford to erage, and you don’t find that out until and the investment stabilizes and re- you actually need it. In other words, pay their hospital bills, in this, a coun- gains its potential to return a profit, you have great health care unless you try where by the end of this year I pre- albeit at a smaller margin. get sick. But under H.R. 676, there are dict we will have given $1.7 trillion to Mr. Speaker, when I grew up in no more out-of-pocket costs and every- the banks. Cleveland, my parents didn’t own a one is covered for all medically nec- home. We were renters. And as our The inefficiency of privately admin- istered health care is especially stark. essary services. That means that at family grew from one to seven chil- least half of all bankruptcies are his- Between 1970 and 1998, total health care dren, we kept moving. Some people tory. Imagine what families could do employment in the United States grew will remember that in the 1950s, there with the money when they don’t have 149 percent while the number of man- were ads in newspapers that said one to worry about climbing out of bank- agers in health care grew 2,348 percent. child only, two children, and if you had ruptcy. more, you were out of luck if you were Managed care has failed to control Families would save money in a host a renter. costs and reduce the number of unin- of other ways as well; for example, car sured and underinsured. Employer- b 2015 insurance rates would go down because based insurance is failing and dragging there are no more disputes over who By the time I was 17, we lived in 21 down American businesses. Insurance pays for health care. Everyone would different places, including a couple companies make record profits. How? already have health care. The same cars. I can understand what it’s like for They make money by not providing goes for medical malpractice. Under Americans who are worried about health care. What a business. H.R. 676, not only will doctors dras- where they’re going to live, about par- We need to control costs by address- tically reduce the amount of defensive ents who are worried about having a ing the real inefficiencies, not by con- medicine they practice in order to shelter over their children’s head. I can tinuing to subsidize the financially avoid lawsuit exposure, but they will understand that. I can tell you that unsustainable insurance industry. And also pay so much less for medical mal- when I bought my first home, a home we know exactly how to do it. Tradi- practice insurance. Why? Because ev- that I still live in, I bought it in 1971, tional Medicare enjoys consistently eryone’s covered and there is no need it was one of the proudest days of my higher satisfaction ratings than pri- to go to court over who will pay doctor life. Think of how many Americans had vate insurance. Its overhead costs are bills. that same feeling, and now we see that about 3 percent compared to overhead H.R. 676 would provide immediate there’s no hope for them. We have to costs of private health plans, which av- and substantial relief for American change that. erage about 31 percent. Medicare’s businesses large and small. American It’s said that the stimulus package rates of cost increase have been signifi- businesses currently bear the burden of could include anywhere from $50 to $100 cantly lower than private insurance the vast inefficiencies in our health billion. But unless we direct loan modi- plans. We need such a time-tested, care system because they provide fication in the language of the legisla- rock-solid model like Medicare to ad- health care to most Americans lucky tion, there’s no guarantee that when dress our health care crisis. In fact, by enough to have it. But all other indus- Treasury hands that money over to the addressing the inefficiencies, we would trialized countries have universal banks there’s going to be any relief at bring everyone in the U.S. under Medi- health care that costs less. The result all for the American people. care and they would pay no premium, is that our businesses are losing com- Now, in the last 30 minutes I’ve no deductible and no copayments. petitive advantage. Ontario now makes talked about the banks and the bail- So, how would H.R. 676 boost our more cars than Detroit. Canadian GM, out, I’ve talked about the plight of the economy, since that is the question of Ford and Daimler Chrysler signed a American people, unemployment, hous- the moment? First, it would lower out- letter in support of their single-payer ing foreclosures. I want to speak about of-pocket costs for a vast majority of health care system specifically because health care as a stimulus. Americans by well over $1,000, enabling of the competitive advantage it gives Today, this day, H.R. 676, the Ex- them to spend that money. And of them. panded and Improved Medicare for All course it would provide insurance for These are only some of the reasons Act was reintroduced. Medicare for All, the 47 million Americans who cur- that H.R. 676 now has a national move- H.R. 676, a bill that is the Conyers bill, rently are completely without insur- ment behind it. It’s been endorsed by

VerDate Mar 15 2010 10:39 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR09\H26JA9.000 H26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 26, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 1517 479 union organizations in 49 States, in- private and public debt from $10.5 to us again, but someone has to stand up cluding 118 Central Labor Councils and $43 trillion during Alan Greenspan’s for the American taxpayers and say Area Labor Federations, 39 State AFL– tenure from 1987 to 2006 gives us some stop it. Stop these bailouts. CIOs, 14,000 physicians and thousands sense of the real magnitude of the Federal regulation was lax, and the of nurses. The deans of Harvard and problem. But there is a danger in act- Federal Government has to stand up Stanford medical schools, the former ing rationally with recognizing what for the American people as regulators. editor of the New England Journal of we’re doing. And I will say that I think Taxpayer money must end up helping Medicine, two former Surgeons General that Congress acted rationally in help- to facilitate credit flowing, but that’s now support national health insurance. ing to facilitate a $700 billion bailout going to be up to the Treasury to take Nobel Prize winning economist sup- without putting any restraint on the that responsibility. American pensions ports a single-payer system like H.R. banks, enabling banks to have, as the must be saved. The best way to do that 676. Public surveys consistently place New York Times reported a Sunday is to buy the companies at a deep dis- support for Medicare for All approach ago, ‘‘a blank check,’’ use the money count and then prop up the Pension to health care at about 50 percent. any way they want. Taxpayer money Benefit Guaranty Corporation. Wasting The legislature in the State of Cali- should not be expended to line the hundreds of billions by propping up fi- fornia has twice passed a single-payer pockets of those who drove the econ- nancial assets of well-to-do Americans health care plan. States, counties and omy into a ditch nor provide them with might be acceptable in less trouble- municipalities all over the country new wheels to drive off the road in an- some times; however, at the present have endorsed the bill. In the last Con- other month or two. Money must not time, precious money can’t be frittered gress, the bill had 93 cosponsors. be frittered away to guarantee the away bailing out those with plenty of We have to regard health care as an shareholders of financial institutions discretionary income. As David Cay opportunity for creating not just a when the American family and pen- Johnston points out in ‘‘Perfectly stimulus, but part of a long-term re- sions may well need direct hope in the Legal,’’ the top 13,400 families in our structuring of the American economy immediate future. country have more yearly income than since about 16 percent of our gross do- I believe in capitalism and market the bottom 96 million Americans. mestic product deals with health care. discipline. And I think that we need to The financial sector has built an eco- It’s a great opportunity for us. look at the direction that we take in nomic system that rewards gamblers It’s a great opportunity to look at a this country. We have to have regu- with lower tax rates and insurance universal prekindergarten program, latory and supervisory reform. If you while subjecting the American family which would, in the long term, pay for look at the Fed, the Fed knew what to growing job insecurity, deterio- itself because it would be an invest- was happening with these banks and rating wages, evaporating savings, van- ment in our youngest citizens—chil- the subprime meltdown that was com- ishing pensions, disappearing health dren ages three, four and five—that ing, but yet we saw Alan Greenspan care. would enable them to be able to have pretend that he didn’t have a clue. This isn’t a matter of blaming an- access to full-time day care, would en- What’s happened is that the Fed didn’t other political party, by the way. This able their parents, who are now paying do its job. Now, under those cir- has been a bipartisan debacle. The ob- a premium if they’re able to afford cumstances, would you want the Fed to scenity of hedge fund managers paying childcare, would enable them to be able have greater power? Remember, the a tax rate of about 15 percent for most to have solid childcare for their child Fed is not run by the Federal Govern- of a billion plus in income while some and not have to pay the premium that ment; it’s no more Federal than Fed- who clean our bedpans pay a higher tax in many cases is choking family budg- eral Express. It is a collection of pri- rate must be recognized for what it is: ets. vate bankers that was established in greed and a repudiation of the merit of Last week, I introduced legislation to 1913 by the Federal Reserve Act. hard work. accomplish that. It has broad-based We have to get control of this Fed- But the middle class has one thing support among children’s advocates. eral Reserve. And we have to make that is growing, and that’s debt. More The number of the bill is easy to re- sure that the government and the and more Americans have been maneu- member, it’s H.R. 555—picture three Treasury Department and the Securi- vered onto debt treadmills by the children’s hands with their stamp on ties Exchange Commission, with the ‘‘banksters,’’ as President Franklin the legislation. This is a bill which also Treasury Department, develops the Roosevelt called them. Greed evolved can contribute to changing the pyr- regulatory and supervisory reform that into a civic virtue and not a cardinal amid which is causing wealth to accel- will match the changes that were cre- sin until the market collapsed. erate to the top and enabling more ated in the Financial Modernization But we could take a new direction, middle class taxpayers to have some Act of 1999 that took down the Glass- and that direction, Mr. Speaker, must benefits in this economy, and enabling Steagall protections of 1933. include monetary reform. As Stephen stabilization of family income. Zarlenga writes, the bulk of our money The Congress is going to have to take b 2030 supply is not created by our govern- quick action to protect the savings and Under Franklin Roosevelt we know ment but by private banks when they pensions of Americans from the cas- that Glass-Steagall prohibited inter- make loans. Through the Fed’s frac- cading failure of the entire financial mingling of commercial banks with in- tional reserve process, the system cre- system. It’s good that we increase the vestment banks, but those protections ates purchasing media when banks kind of protection that people needed were eroded. Some at the time, and I make loans into checking accounts. So in their deposits, that’s a good step in was one of those, who argued against most of our money is issued as inter- the right direction. But even with the the Financial Services Modernization est-bearing debt. action that we’ve taken, there is no Act by saying we’d end up with lack of Under the Constitution, Article 1, guarantee that our country is not transparency, conflicts of interest, Section 8, our government has the sov- headed into the worst economic slow- mega-banks, every one of us who voted ereign power to issue money and spend down since 1933. The bailout is having against it, we know we were right, but it into circulation to promote the gen- little or no impact on the looming mu- it’s little comfort to the American tax- eral welfare through the creation and nicipal bond meltdown and a host of payers who are being stuck with this repair of infrastructure, including other financial crises coming from the $700 billion and maybe another trillion human infrastructure: health and edu- slowdown in tax receipts and consumer dollar debt as a result of the Ponzi cation. spending. scheme that was enabled by the Finan- It’s no secret that our Nation’s infra- The hemorrhaging brought about by cial Services Modernization Act. The structure is an unprecedented need of our addiction to debt is far too great same people that took us into that sit- upkeep, repair, and replacement. It for simple solutions. The growth of our uation may be in a position to do it to would take more than $1.6 trillion to

VerDate Mar 15 2010 10:39 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR09\H26JA9.000 H26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 1518 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 January 26, 2009 bring our country’s roadways up to First, instead of giving the Federal will lose even more control if we per- speed. The Department of Education Reserve even greater power, private mit the Fed to have total control over found that we need $127 billion to bring bankers, giving them greater power, we supervising corporate conduct in the schools nationwide into adequate con- should incorporate the Federal Reserve United States. ditions. A study by the Water Infra- into the U.S. Treasury where all new But if we take a new direction, if we structure Network found that it would money could be created by government see government having the capability take $1.3 trillion over 20 years to build, as money, not interest-bearing debt, to prime the pump of the economy; if operate, and maintain needed drinking and spent into circulation to promote we see government having the capa- water and wastewater facilities. the general welfare. The monetary sys- bility to create jobs where the private It’s rapidly becoming cliche that cri- tem would be monitored to be neither sector isn’t creating jobs; if we see gov- sis and opportunity are synonymous. inflationary nor deflationary. ernment having the capability of cre- We can turn these difficult times into Second, halt the banks’ privilege to ating health care, which will be a tre- an opportunity by creating millions of create money by ending the fractional mendous help to the private sector, new jobs in infrastructure projects. reserve system. I mean banks essen- which is laboring right now under tre- The U.S. Conference of Mayors released tially create money out of nothing. We mendous costs for health care; if we see a report last month that found a $73 take out a loan, they take that money, government creating possibilities to billion investment in infrastructure and then they leverage it perhaps nine invest in technology at NASA and in would yield about 850,000 jobs in the times or more through a system of other areas of our Nation where we can next 2 years, would go a long way to fractional reserve. Past monetized pri- help to serve as the incubators for in- meeting our infrastructure needs. vate credit would be converted into vestment in the private sector, we A good start would be to invest in the U.S. Government money. Banks act as don’t even know the kind of growth maintenance and repair of roads, intermediaries accepting savings de- that we are capable of, by moving to- bridges, tunnels that are in greatest posits and lending them out to bor- wards a works green administration, need. In particular, we should invest in rowers. They would continue to do towards wind and solar and micro tech- a section in the TEA–LU called MEGA what people think they do now under nologies that would enable us to move Projects. It was designed to fund this new approach. And what would the in a new era of energy and a new era of projects that cost $500 million or more government do? Well, we wouldn’t have cleaning up our environment. There is and have some national significance. to borrow money from the banks and a role to work together with the pri- These projects are not necessarily then own the banks money to continue vate sector, but we’re at a moment ready to go today. States could com- to finance the needs of this country. where the government has to take the pete to build special projects. States We could instead spend money into cir- could even team up together on high- initiative. culation on infrastructure, including And it’s very clear. I don’t want the speed rail or build new bridges. A per- the crucial human infrastructure of government running the banks. I would fect example is the need for a new like to see the government take con- inner belt bridge in Cleveland. education and health care needed for a Now, infrastructure has to be part of growing society. trol of the monetary supply and sys- and it is part of our stimulus package, Now, as Zarlenga points out, the tem. I don’t want the government bail- but we have to go far beyond what we false specter of inflation is usually ing out the banks. I want capitalism to have in this first stimulus package. We raised against suggestions that our have a fair chance to succeed or not. have short-term fixes, which a stim- government fulfill its responsibility to We have a moment where we could ulus is, but we have to look at long- furnish the money supply for the Na- come together, Democrats and Repub- term restructuring in order to get to tion. He says that’s a knee-jerk reac- licans alike. So as we get ready to ad- where we want to go, which is financial tion, the result of decades, even cen- dress, as we will, this American Recov- stability for all Americans. And so long turies, of propaganda against govern- ery Act, we need to look at how we term, we’re looking at monetary re- ment because when one actually exam- cannot just recover as a Nation but form. Monetary reform is achieved in ines the monetary record, it becomes how we can begin anew to restore our three parts which must be enacted to- clear that government has a better country to fiscal integrity, restore the gether for it to work. record of issuing and controlling American family to health, restore the We are at a time in our country’s his- money than the private issuers have. American family to prosperity, and tory where the immediate response has We are at a moment of change in this once again restore people’s faith in been to pour money into the banks who country. It’s a change that millions of their government. are hoarding it, who are not lending it, Americans celebrated last week. I had Mr. Speaker, I thank all those who who are using it for other acquisitions the opportunity to join Members of have listened for this past hour. or helping to fuel other purchases, and Congress and watch that incredible mo- f we have an economy that is stag- ment of the inauguration. We saw mil- lions of people coming together in cele- REPORT ON RESOLUTION PRO- nating. But it’s time that we asked VIDING FOR CONSIDERATION OF about some deeper structural ques- bration of this great Nation. And whether we are Democrats, Repub- S. 181, LILLY LEDBETTER FAIR tions, about the nature of our mone- PAY ACT OF 2009 tary system, and now is the perfect licans, or independents, we could not time to begin that discussion. help but be moved by that moment, not Ms. SLAUGHTER, from the Com- So once again I want to bring this be- just the transfer of power but a reaffir- mittee on Rules, submitted a privi- fore the Congress because if we’re look- mation of who we are as a Nation. A leged report (Rept. No. 111–5) on the ing at economic stimulus alone, down government of the people, by the peo- resolution (H. Res. 87) providing for the road we may ask why that didn’t ple, and for the people, as Lincoln stat- consideration of the Senate bill (S. 181) work because if we have a monetary ed at Gettysburg. A government which to amend title VII of the Civil Rights system that still exists to accelerate has the dream to keep unfolding to Act of 1964 and the Age Discrimination the wealth to the top, God forbid under adapt to an undreamed of future. We in Employment Act of 1967, and to the nationalization of banks, we are all are at a moment of crisis, but that cri- modify the operation of the Americans going to wonder what happened to the sis has created new opportunities. It’s with Disabilities Act of 1990 and the money. You achieve monetary reform an opportunity for us to reset the Rehabilitation Act of 1973, to clarify in three parts. Any one of them or two pointer of where we go as a Nation and that a discriminatory compensation alone won’t do it and could actually try to get control of our Nation again. decision or other practice that is un- harm the monetary system. Because of We have lost a lot of control with the lawful under such Acts occurs each this monetary crisis, we have an oppor- $700 billion bailout to the banks. We time compensation is paid pursuant to tunity here, and I want to make these will lose even more control if we give the discriminatory compensation deci- suggestions: the banks another trillion dollars. We sion or other practice, and for other

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That’s why there is turnover in AND REINVESTMENT ACT OF 2009 lican Congress, it was authorized for 10 this Congress, because new Americans years. Everyone who was sworn in the sign up to offer themselves in service of Ms. SLAUGHTER, from the Com- last Congress knew that prior to Sep- their country. They go through the rig- mittee on Rules, submitted a privi- tember 30 of 2007 we would have to re- ors of an election, they are elected. leged report (Rept. No. 111–6) on the authorize the bill. They come to this Congress, they are resolution (H. Res. 88) providing for What did we do? We waited till the full of good ideas, why turn them out? consideration of the bill (H.R. 1) mak- last minute, had a big fight, had to ex- Why say ‘‘no,’’ what you are bringing ing supplemental appropriations for job tend it. The President vetoed it, it to this Congress is unimportant be- preservation and creation, infrastruc- came back, the veto was sustained, cause we talked about it last year. We ture investment, energy efficiency and fought some more. Sent it back down talked about it the year before. You science, assistance to the unemployed, to the President, he vetoed it, sent it couldn’t possibly have anything to add and State and local fiscal stabilization, back, the veto was again sustained. to this near-perfect bill that was ve- for the fiscal year ending September 30, And then we reauthorized the continu- toed twice by the previous President. 2009, and for other purposes, which was ation of the State Children’s Health In- Well, lack of input into the bill has referred to the House Calendar and or- surance Program for 18 months, bring- led to a number of problems in the cur- dered to be printed. ing us to the end of March of this year. rent bill. The bill was passed by the f So, to their credit, the majority lead- House. It has gone over to the Senate. ership, the Democratic leadership of The Senate is taking it under consider- HEALTH CARE the House did not wait till the last ation at some point. We will likely get The SPEAKER pro tempore. Under minute as they did 2 years ago, but it back, whether it’s an identical bill to the Speaker’s announced policy of Jan- they tackled it the first week of the what we sent over there, or whether it uary 6, 2009, the gentleman from Texas session but, again, tackled it in an odd will have to come back to a conference (Mr. BURGESS) is recognized for 60 min- way. We didn’t have a single hearing. committee remains to be seen. But, utes as the designee of the minority We didn’t have what’s called a mark- nevertheless, the bill has gone from the leader. up in either subcommittee or full com- House over to the Senate and awaits Mr. BURGESS. Mr. Speaker, I mittee on the Committee of Energy its fate over in the Senate. thought I would come to the House and Commerce or the Committee on One of the things that was most dis- floor and talk a little bit about health Ways and Means. A markup is where appointing about this legislation, re- care, because for better or for worse, you go through a draft of the bill and member that this is the State Chil- this Congress is likely to be remem- see if there are any improvements that dren’s Health Insurance Program to en- bered for some time as the Congress either side can make. We went through roll children of families who earn at or that did tackle health care. And the a 121⁄2 hour markup last Thursday night below 200 percent of the Federal pov- question that’s on everyone’s mind is on this so-called stimulus bill. erty level. In round numbers, that’s will we help or will we make things I am not sure we got a great amount about families of four who earn around worse? of work done in that 121⁄2 hours but, $41,000 to $42,000 a year. So those are Now, 2 weeks ago Congress was sworn nevertheless, the minority and the ma- the families, the children of those fam- in for the 111th Congress, we took to jority, members on the committee who ilies are the ones that would be eligible the floor of the House and we passed, sit way down on the front who lack se- for coverage. under what is called suspension of the niority were able to have their voices But there are a number of children in rules, we passed an expansion of the heard as this legislation worked its those families that are eligible for cov- State Children’s Health Insurance Pro- way through the committee, but not so erage that are not covered, about gram. Now, passing under a suspension with the State Children’s Health Insur- 800,000. And wouldn’t it be reasonable of the rules is a special case—usually ance Program. So I guess the question to take the steps to cover those chil- that’s reserved for noncontroversial I would have, and this is my fourth dren first before we expand coverage to items—but anyone who followed the term, perhaps I should be getting used children in higher income brackets. activities of the 110th Congress knows to such things at this point, but I still Many of us thought so 2 years ago, a that this bill was far from non- find them odd. year ago. Many of us still feel that way controversial. In fact, it had several If the Members on the Democratic today, but this was a concept that was provisions that created a good deal of side are so confident in their ability to not allowed to be debated on the floor controversy in the fall of 2007 and on legislate and so confident on the merits of the House. into the spring of 2008. of their legislation, why seek to stifle Oddly, and I don’t know that I have But we passed the bill under suspen- the opposition? What are you afraid of? ever seen legislation quite crafted in sion of the rules because the Demo- Bring the bill to committee. Let’s have this way, we picked the ending num- cratic leadership told us we didn’t need a hearing or two, let’s have a markup. bers, and then we weren’t going to to debate the bill any more because we Let’s bring it to the Rules Committee, build the legislation around it. This had worked on it in the Congress be- let’s bring it to the floor like we do bill had to cover 10 million children, we fore. But a lot of things were different with bills all the time. heard it several times from the Speak- in this bill, things we hadn’t talked What is the reason to hide behind a er of the House on the various Sunday about in previous Congresses. suspension of the rules of this very, shows, she wanted 10 million children And, in fact, there are 54 new Mem- very important legislation. And, again, covered under this bill, and she wanted bers of Congress, that means that I would stress, 54 Members of Congress to spend $35 billion. greater than 12 percent of the Congress here in the 111th Congress were not Regardless, instead of the policy in- is new this year. That means that be- present in the last Congress. So it’s all forming the numbers, the numbers dic- tween 30 and 40 million Americans did well and good to say, oh, it’s old stuff, tated the policy in this case. The prob- not have representation in Congress we have debated it before, we have lem is, under their own Congressional when that bill was discussed in the worked it out before, it’s just a rehash Budget Office estimate, the only way

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But I or are we going to foul things up in just as good as the next. don’t know that that information has this Congress, particularly when it But talk to your pediatrician in prac- actually made it out into middle Amer- comes to health care. tice in your town. I don’t mean your ica. I rather suspect that some people Now, I already alluded to the so- academic pediatrician at the medical will be upset with that information called stimulus bill that came through center, at the big medical school in the when they find that out. But the bot- the House Energy and Commerce Com- big metropolitan area, I mean your pe- tom line is, as the bill stands, as it left mittee last Thursday. We debated the diatrician on the street corner, your the House of Representatives, the gov- bill. We marked up the bill for a 121⁄2 pediatrician who works in your com- ernment will end up covering children hour session. It wasn’t just health care. munity. Find out if the State Chil- that may or may not be United States We had a lot of stuff thrown in that dren’s Health Insurance Program reim- citizens. day. We had energy, we had all kinds of burses at the same rate as, oh, I don’t Another problem with the bill, as things that were heaped into that bill, know, Mr. Speaker, Cigna, Aetna, written, is the funding is not provided but we did debate health care. United, regardless of the private insur- by any sort of stable funding source. Oddly enough, the health care part of ance company, may differ some from Regardless of how you feel about taxes that debate, you heard Mr. KUCINICH community to community. on cigarettes, or so-called sin taxes, ex- talk for an hour earlier, he thought But I know in my home State of cise taxes, regardless of how you feel that was a pretty important part of the Texas numbers are vastly different. about that, what happens as a practical stimulus bill. So, oddly a very impor- The State Children’s Health Insurance matter when you fund a bill like this tant part of the stimulus bill was left Program reimburses at about a 50 cents with a sin tax, with a tax on tobacco. right until the very end, and then our on the dollar rate compared to private If you are successful, you drive down time was severely curtailed. We were health insurance. smoking rates, which arguably is a allowed to talk for 2 minutes instead of That’s a significant change for the good thing, but if you are successful, the normal 5 on any amendment that practicing pediatrician, because pedia- you reduce the funding available to we had to this bill. One of the amendments was proposed tricians, after all, function very close fund the program, and that would be a by Mr. WHITFIELD of Kentucky. You to the margin every month. They don’t bad thing. And this discrepancy is not know, we have a problem in Medicare. have a lot of excess in their cash flow reconciled within the bill that we Every year we come in and we say, every month. passed in the House and sent to the well, you haven’t got quite enough So the effect of displacing 2 million Senate. You have a real problem with money, so we are going to cut doctor children and essentially cutting the re- the stable funding source, because this reimbursement rates just a little bit imbursement rates for 2 million chil- funding source, in this bill that we this year and a little bit next year, and dren is, in fact, one big significance, to passed out of the floor of the House, over time you begin to talk about real say nothing of the fact that now the 1 funds the bill for 4 ⁄2 years on a 5-year money. child is on a different insurance than authorization. the parent, and that creates some dif- So that means after 41⁄2 years every- b 2100 ficulties with just getting care when body falls off a cliff because there is no So we are facing a reduction in physi- the time comes to get care. more money. What happens then is cian reimbursement rates in December Now, the other thing this bill did, anyone’s guess. I suspect, as Congress of 2009, 11 months from now, and that which I am really questioning whether always does, it will find someplace else reduction of reimbursement is going to it was a good idea, it weakened the re- to gather the money, but that means be 20 percent. Well, what is the prac- quirements to verify citizenship. There we do take it from some other source. tical effect of that? It makes it harder is a concept known as ‘‘at a station,’’ A twist that actually borders on the for people to find a doctor who takes that is simply a test for citizenship bizarre, you wonder what it was even Medicare. Mr. WHITFIELD’s district is in rather than having to show proof of doing in the bill. The State Children’s Kentucky. This has been a particular citizenship, like some type of identi- Health Insurance Program bill, as problem for him. And he had an in- fication card. So if someone comes into passed the House of Representatives 2 sightful amendment to try to correct the office where you would enroll in weeks ago, prohibits building physi- this problem. this program and simply say, ‘‘I am a cian-owned hospitals or expanding ex- Now, you look at the stimulus bill as U.S. citizen,’’ that is going to be, under isting physician-owned facilities. Let drawn. We don’t have to justify paying the new Democratic bill, that is going me just say that again, because it is so for anything in the stimulus bill. It’s to be proof positive that that person is, incredibly, incredibly bizarre, the bill all money that just comes from some- indeed, eligible to sign up for the insur- prohibits building physician-owned where. One of the headlines in one of ance. hospitals or expanding existing physi- the magazines up here a few weeks ago Now, many Americans, tax-paying cian-owned facilities. was, ‘‘It’s raining money.’’ Well, if it’s Americans—and I know the Secretary Now, where else, where else, what raining money and we perennially have of the Treasury doesn’t pay taxes—but other government in the world would a hard time finding the funds to do many Americans do pay taxes, and it’s prohibit someone from a lawful busi- away with this physician reimburse- of concern to them. The tax-paying ness practice simply because of the ment nick that we put in every year, Americans are now going to be paying type of professional degree that they why not just repeal that part of the the freight for people where we are not have? You go to medical school, you Medicare law? Why not repeal the so- even sure if they are in this country le- can’t build a hospital. What an odd bi- called sustainable growth rate formula gally. If that’s what we want to do, we zarre twist, and what an odd thing to just outright. Since cost is no object, it at least need to be honest with the put this in a bill for funding State chil- doesn’t matter how much money we American people and tell them that, dren’s health insurance. spend, there is no upper limit. Truth be say we are not really even going to So, State children’s health insurance, told, this isn’t really money anyway. check as to whether or not these indi- a good cause. I supported the original It’s already been reimbursed to the viduals are citizens as they sign up. concept of SCHIP, I supported the doctors. And it may be for the best of inten- original reauthorization, the 18-month But, because of a funny budget gim- tions, we want to be kind to their chil- extension we did in December of 2007. I mick in the Medicare law, we have got

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to go back for well over a decade, well Mr. BARTON, the ranking member of help people. They had six protected back to the early nineties, every year, the committee, also offered one more classes of drugs. There had to be at and capture all the savings we should chance to allow doctors to own hos- least two options in each protected have gotten had we enforced this every pitals and surgery centers. Again, that class of drugs. Now I have been so far year, and tack that on to the end. amendment was turned down. Every, removed, I don’t remember them off So they are not real dollars. They every Democrat voted ‘‘no’’ on that the top of my head. But it was a bril- have already been dispensed. In fact, if bill. liant strategy. we were a private company and did Now there are a lot of things we can As a consequence, as a consequence, this, we’d look just like—well, I won’t talk about in health care, and I see I the signup for Medicare Part D, the go into it. But we’d probably have an have been joined by some of my percentage of seniors who now have ankle bracelet if we did this in the real friends. Just three quick things I want some type of credible coverage for pre- world. to mention when we talk about going scription drugs is in excess of 90 per- But, nevertheless, we had an oppor- forward and what perhaps we’d like to cent and, more importantly, the satis- tunity in amending this bill to repeal see in any sort of health care legisla- faction rate is in excess of 90 percent, the sustainable growth rate formula tion that is crafted. and perhaps most importantly is it outright, since money is no object, There’s no question that the way the didn’t cost nearly what the projections we’ve got all kinds of money to spend, current tax code is drawn, it does dis- said it would cost initially. and the amendment was defeated. criminate against individuals who The initial premiums for part D were Every Democrat in committee that want to own their own insurance. It set by the Center for Medicare and evening voted against repealing the does load the system to those who earn Medicaid Services at nearly $39 per sustainable growth rate formula. No at the upper end of the income scale. member per month. The actual cost hesitation; no, Can I ask you one more So at some point someone is going to has come in somewhere between $22 question about that? It was simply a have to look at that inequity and see if and $24. It’s gone down a little bit in straight ‘‘no’’ to the amendment. there’s not a better way to approach it. subsequent years, but a significant de- Well, suffice it to say, I was pretty But, in the meantime, just keeping it crease over what was projected by both disappointed by that, but undaunted. I very, very simple, why not allow some- the Congressional Budget Office, CMS, thought, Well, maybe, maybe we could one who purchases their own health in- and even the Office of Management and offer an amendment—and, in fact, this surance, why not allow that to be de- the Budget down at the White House. was an amendment offered by Mr. DIN- ductible from their income tax? If they So a much more reasonable way to GELL during the Deficit Reduction Act are working and they want to purchase approach things rather than telling a few years ago. This would have their own insurance policy but they people what they must do, and that is stopped the cuts in the sustainable don’t really make enough money to always hard in a free society. Always growth rate formula for 2 years. Not a pay much income tax, provide them a hard. My home State of Texas has an great heavy lift. Again, we’ve got plen- tax credit. Give them a little help. individual mandate for automobile in- ty of money in this bill. It seems like That is the people that Mr. KUCINICH surance. But not everybody signs up money is no object because we can buy was talking about. The working poor. for it. In fact, the city of Dallas just grass for the Mall. All kinds of things Sure enough, let’s give them a little bit started a program where if you’re are in this bill. Why not pay for a 2- of help. If we wanted to go one step fur- stopped for whatever, taillight busted year moratorium and at least give our ther and help those who were without or ran a red light, and you don’t have physician community a little bit of health insurance, why not provide— car insurance, your car is towed. See stability in planning their businesses? Again, turned down. Every Democrat call it a voucher, call it a tax credit, a you later. You’re on the street. Find in committee voted against that prefundable credit, advanceable tax another way to get home. amendment. Oddly enough, every Dem- credit, call it what you will—but why Well, we really can’t do that in ocrat had voted for that amendment not perhaps incorporate that into the health insurance, but that just under- scores the difficulty that you have when their ranking member, Mr. DIN- tax code. GELL—when they were in the minority These are three relatively simple with enforcing a mandate. But, cre- when that amendment was proposed by things we could do tomorrow and vast- ating programs that people want—re- Mr. DINGELL. ly have a significant effect on the abil- member, over 90 percent of seniors now Well, we also had some information ity of individuals to have health insur- have credible prescription drug cov- technology contained within that stim- ance in this country. erage because someone took the pains ulus bill. Again, you heard Mr. We are going to hear a lot of discus- to find out what people wanted. Find a KUCINICH talk about it. Information sion over, I suspect, over the next way to make it cost effective and find technology is going to deliver untold months and even years on the whole a way to make it available to them. promise to the practice of medicine. issue of are we going to have to man- I would stress for both sides of the There will be no problem with money date coverage or do we have some other aisle, when we talk about health care in future because of the benefit way to get people the coverage they in this Congress, do remember, it’s brought by information technology. In need without requiring a mandate? more about cost than coverage. This is fact, we are going to give our doctors a Now some people may recall we faced about caring for people. Medicine, and bonus for implementing information that same dilemma in the Medicare I can say this because I spent a lifetime technology. It’s not a big bonus, but Part D. In Medicare Part D, many peo- practicing medicine, it is both an art it’s a bonus nevertheless. This bonus is ple wanted a mandate you’re going to and a science. It’s constantly evolving going to go into effect in 2011. have to buy this prescription drug cov- and transforming. We are on the cusp Wait a minute. It’s a stimulus bill. erage on Medicare. Dr. Mark McClel- of one of the most transformational It’s 2009. So I offered an amendment to lan, who was the head of CMS at the times that has been seen in medicine, accelerate those bonus payments. Let’s time, and Secretary Mike Levitt over ever. The human genome has been start paying them in June of this year, at Health and Human Services decided sequenced. We can know more about rather than waiting until 2011. Almost they were going to take a different people before it happens to them than everyone in this body hopes that the track, and I am so grateful that they at any time for any group of healers recession will be done by 2011. So that did. They said, We are going to create that never had that kind of power in bonus will have no positive effect on programs that people actually want their hand in the past. the recession. Let’s go ahead and pro- rather than forcing them into a pro- Dr. Elias Zerhouni recently left as vide that money to the physicians now. gram that may be of limited utility for the Director of the National Institute Again, that amendment was defeated. them. So they did. Of Health. And he used to talk about Every Democrat in the committee They spent a great deal of time medicine. Because of the discoveries of room voted ‘‘no.’’ crafting programs that would actually the human genome, medicine is going

VerDate Mar 15 2010 10:39 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\BR09\H26JA9.000 H26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 1522 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 January 26, 2009 to become a great deal more personal- and then not change our minds every 3 income is a strain, is a struggle, and of ized. Well, that’s a good thing, person- months, maybe they could get this course many of those youngsters were alized medicine. We’d all like to see done. But there is a transformational not insured. that. change taking place. And you can see So the program was good; and of Medicine more personalized, it’s it in the insurance companies, the phy- course it expired. It was time for reau- going to become more predictive. Be- sician practices, hospitals and clinics, thorization. Former President Bush re- cause it’s more predictive, that leads Federally-qualified health centers alized that more money needed to be to more prediction. But part of the key across the land. And the only thing appropriated for this program. There is going to have to be a lot more that can stop this evolution in health were a significant number of children, participatory. You cannot be a passive care is the United States Congress. So maybe as many as 2 million or 3 mil- actor in tomorrow’s health care envi- that is kind of a daunting possibility. lion, that were not being covered who ronment and expect to get the rewards When we hear people talk from the were in that income category, their that it is capable of delivering. floor of this body about all the wonder- family income, between 100 and 200 per- But how ironic. As we stand upon in ful and great things that they want to cent of the Federal poverty level. And this transformational time in medi- do with health care, we do always need I certainly was in favor of a 25 percent, cine, what is the one thing, what is the to remember that we have it within 30 percent, maybe even a 40 percent ex- one thing that could divert from this our power to allow that transformation pansion of the program to make sure path? It’s the United States House of to blossom or stop it dead in its tracks. that we reached as close as possible to a 100 percent saturation level, Mr. Representatives. Now I have been joined by some of Speaker, and my colleagues, for those We are inherently transactional, not my colleagues, and I think we still children. I think everyone on both transformational. We take from one have about half the time left, so I will group and we give to the next. And we sides of the aisle would agree that that yield as much time as he may consume have the power within our hands to de- clearly needs to be done. But, unfortu- to the gentleman from Georgia, Dr. rail the transformation that is, even nately, for some reason the Democratic GINGREY, the other Dr. PHIL. today, taking place in medicine. majority wanted to expand this pro- Mr. GINGREY of Georgia. I might For all of the faults of American gram. When you extrapolate from the say the real Dr. PHIL, as a matter of medicine, for all of the faults of private 41⁄2 year amount of expenditure to a 10- fact. I am certainly pleased tonight to insurers—and Mr. KUCINICH detailed year program, it would be a 100 percent join my colleague, my colleague that I them in laborious detail—for all of increase in the amount of funding. those faults, things are beginning to have just joined on the Energy and The thing about it is that there are move in a positive direction. Commerce Committee in this 111th things in the bill that allowed the Information technology, health in- Congress, and I am proud to have the abuses that existed to continue and surance technology. Do we really need opportunity to do that, to really have a even worsening that situation. And I the government to write the code for seat at the table of one of the two main want, Mr. Speaker, to mention a couple medical information technology? committees of the House that deal with of those, because I think it is very im- Wouldn’t we be better to just simply health care, deal with all of Medicare portant for people to understand why a set some parameters and get out of the and Medicaid and SCHIP, many of the physician member of this body, indeed way and let the people who know what things that the gentleman from Texas, two right here on the floor this they are doing actually do that? Dr. BURGESS, Mr. Speaker, had been evening, who delivered babies as a pro- No. We are going to try to write speaking about during the initial part fession, brought little children into the every jot and piddle of the code so that of this hour. world, would vote against this pro- we control it from start to finish. But These are very important things, as gram. And here are some of the rea- the reality is across the country, and I he talked about the recent passage of sons: know this because I have spent the last the expanded reauthorization of the One of the changes in the reauthor- 6 months going across the country, SCHIP program, the State Children’s ization said that no longer would an people are incorporating electronic Health Insurance Program, what I am immigrant have to have a 5-year wait- medical records into their individual referencing, and brought out the fact ing period before they would become physician practices, into their larger that there were so many things in that eligible. Well, indeed, our immigration hospitals, into their health mainte- reauthorization and expansion over the laws have been on the books for a long nance organizations, into their insur- next 41⁄2 years that caused Dr. BURGESS time. They get changed periodically. ance regimes. It’s happening already. and myself and many of my colleagues But in the last significant change of Part of the challenge for us is to on this side of the aisle to vote ‘‘no’’ on immigration law, it basically said: We make sure that all those part inter- something that, quite honestly, we don’t want to have a magnet here in connect properly and there is proper really had hoped to be able to vote this country and to say to everybody communication, proper transparency, ‘‘yes’’ because this idea that was origi- across the world, come one, come all, so the patient who goes to one large nated back in 1997 for this legislation to come to this country and get on the multispecialty clinic in the Midwest to help families who are not poor government dole, the freebies. No, that and transfers to another large multi- enough to be eligible for Medicaid. is not the reason we want immigrants specialty clinic in the gentleman from b 2115 to come to the country. We want them Ohio’s hometown, that those two clin- to come, to assimilate into our society, ics, the record from those two clinics And that is at 100 percent of the Fed- to contribute to our society, to, yes, can talk to each other. eral poverty level, about $22,000, $23,000 enjoy the American dream. But that But that is just a technical problem. a year for a family of four. They are provision says that as a legal person That can be solved. And it doesn’t re- not below that level of income, but yet comes into this country, they have to quire the United States Congress writ- not making enough money to really be have a sponsor. They have to have ing the computer code in order to make able to afford to provide health insur- someone who is willing to say that that happen. In fact, if we’d relax a lit- ance for their children. that won’t happen, that they will not tle bit on our regulatory laws, the so- So that is what the original SCHIP become a ward of the state, certainly called Stark laws that were written bill was all about it. It was authorized not within 5 years. So this reauthoriza- back in 1981. It’s the 21st century, for for 10 years; it was a $40 billion bill, as tion says: Oh, no, we are going to do crying out loud. That’s nearly 30 years I recall, and it would cover those chil- away with that. States don’t have to ago. And we are still putting the same dren whose family income was above abide by that anymore. They can spend constraints on medical practices today 100,000 but under 200,000. So you are SCHIP money on someone that has that they were back in 1981. talking about $44,000, $45,000 a year for been here 6 months. If we define privacy once and for all, a family of four. And, clearly, pro- Even worse than that, Mr. Speaker, tell people what we mean by privacy, viding health insurance on that kind of is the provision in regard to illegals. It

VerDate Mar 15 2010 10:39 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\BR09\H26JA9.000 H26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 26, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 1523 says specifically in the language of the cuss that further, as I know that my onstration Project. It is looking at bill that no illegal immigrant is eligi- colleagues will, also. some things like medical homes care ble; but yet, then it goes on to say that Mr. BURGESS. I thank the gen- coordination, and they have come up the verification system for an immi- tleman. We will probably go for about with some interesting data. grant, whether or not they are here le- another 7 or 8 minutes on health care, For example, a patient who is admit- gally, is so watered down that it is al- and then I am going to yield the bal- ted into the hospital with congestive most like a wink and a nod to say, ance of the time to Judge LOUIE heart failure, if that patient is given a ‘‘Come on, it is okay. All you have to GOHMERT from Texas, who wants to slip with an appointment within 5 days do is give a nine-digit number for your talk about some other things related to back to their primary care doctor, Social Security number. You don’t the economy and perhaps some issues their risk of readmission is very low. If have to show a Social Security card, related to the confirmation of the Sec- they do not have such an arrangement but you have to give a number. Yeah, retary of the Treasury today. made, their risk of readmission goes up that is nine digits; you are eligible.’’ One of the things that when we talk significantly. What do you think the These kind of things were bad about health care in the broad perspec- cost of that readmission looks like? It enough, but I want to point out some- tive, and it comes up periodically, is is pretty steep, much more than the thing else, Mr. Speaker, and that is a some of the difficulties encountered in original admission. So a very simple, little game that some States I think 13 our system because of the onerous bur- simple task to undertake to ensure or 14, and my colleagues are aware of den placed by our medical justice sys- that everyone who leaves the hospital this, a little game that some States tem, cost of medical liability insur- after this diagnosis for uncompensated have been using to disregard, to actu- ance. I just bring that up to point out congestive heart failure has a 5-day fol- ally disregard blocks of income, to say, how, in my home State of Texas re- low-up in their family physician or pri- ‘‘Oh, you are making 350 percent of the cently was passed a bill that placed mary internal medicine doctor’s office Federal poverty level. So you wouldn’t limits on noneconomic damages, and to ensure that they are complying with normally be eligible, but we are just we have seen a dramatic reduction in their medications, that they are indeed going to simply not count that money premiums for liability insurance. Last on the path to recovery that everyone that your parents have earned above Congress, I offered a bill that would in- thought they were on when they left 200 percent. We are not going to count corporate the Texas plan countrywide, the hospital. that. We are just going to simply dis- to coin a phrase. That bill did attract Other things, like during that ‘‘wel- regard it.’’ And they are getting away significant cosponsors, and I will be in- come to Medicare’’ physical, even just with that. And so in some States there troducing that bill again. a brief episode of patient education are indeed, and it will continue, that We hear other proposals for light- about things like advanced directives, children of families making up to 350 ening the load of medical liability. Cer- not to require the patient to sign up percent of the Federal poverty level, I tainly some people like medical courts. for an advanced directive, but just to think we are talking now about $80,000 Certainly that should be worth some make them available so that when a year for a family of four, where they scrutiny and study by our committee. I heart decisions come up later on in life, can indeed afford to pay for private hear other people talk about early that they have at least already been health insurance for their children, and offer, and in fact several years ago we approached; because, as we all know, they are insured in many instances. So heard testimony in our committee how some of the most expensive care is that naturally, if they get an opportunity a concept like early offer and arbitra- care that we pay for in the last 2 weeks like this, a once-in-a-lifetime oppor- tion might work and might lighten the of life, and oftentimes that is care that tunity to drop that private coverage load. really has no hope of delivering a good and get on the freebie government But here is a different concept that I result and may in fact even be delete- trough, who wouldn’t? Well, I wouldn’t. would like my colleagues to consider rious. So worthwhile to have these dis- But a lot of people would and a lot of that maybe is a little bit of out-of-the- cussions at the front end. And, they people did and do. box thinking; and let me give credit to might save some money, but more im- So I had an amendment, a very the ranking member on our health sub- portantly, it might be a better way of straightforward amendment that said committee, NATHAN DEAL, because this taking care of people. Remember, I al- we are going to end the shenanigans of idea largely originated with him. But luded to it is not all about cost and income disregard both for the Medicaid we have a very large Medicare system coverage, it is about taking care of program and for the SCHIP program. in this country paying $300 million, people in the right way. Why would I want to do that, Mr. $400 million a year in health care for If we set out these parameters, and if Speaker? I would want to do it so that the Nation’s seniors. Now, this is not a a physician group or an individual phy- those children who truly have the need, State program, it is a Federal program, sician or individual practice agreed to for whom the program was designed, so it is administered equally across the abide by these restrictions, then cover for who we are willing to spend tax- land. them under the Federal Tort Claims payer money, that they get coverage, Since it is a broad Federal program, Act. Can you imagine the relief from and it doesn’t go to the upper middle what if we had some requirements to having to carry that on the individual income who clearly don’t need it. be met, to be sure. But if a physician physician’s balance sheets. That is like So there are a lot of little things that fulfilled those requirements as set out, $100,000 a year in real money in that I could go on, on that, but I know that that we would allow that individual to physician’s office. I suspect, rather we have got others who want to speak have their liability coverage under the than having doctors leave the Medicare tonight on health care and I want to Federal Tort Claims Act as we would in system, we would have doctors who make sure there is plenty of time for a federally qualified health center. would say, ‘‘You know what? I’ll just others. And hopefully during the hour, Now, some of the parameters that we take care of Medicare patients if we time permitting, I would like to come might ask for in return would be cer- are going to be under those kinds of back to some of the other issues that tainly full deployment of health infor- rules, because it is a lot easier than Dr. BURGESS was talking about, Mr. mation technology, electronic medical having to put up with that grief in the Speaker, in regard to this economic records in that physician’s or hos- other parts of my practice.’’ Something stimulus package that we are about to pital’s practice record. That seems we should think about, some out-of- vote on tomorrow and why I think that pretty straightforward. There was a the-box thinking to provide a little bit it is not going to work. I wish it would demonstration project done at the Cen- of relief, a modicum of relief in the work. I hope and pray that it does ter for Medicare and Medicaid Services arena of liability reform. work. But I have grave misgivings that is now 2 years into the study look- Medicaid, we haven’t really talked about it, and I would like to have an ing at some of the things that is called about that much. There is going to be opportunity later on in the hour to dis- the Physician Group Practice Dem- a push for a vast expansion of Medicaid

VerDate Mar 15 2010 10:39 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR09\H26JA9.000 H26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 1524 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 January 26, 2009 in this Congress; indeed, it is already ply freezing the reimbursement rate for has been building. And I think it is one upon us in the stimulus bill, because physicians at 2009 levels for 2010? No of the things that actually turned vot- we don’t have to worry about how we update, no upgrade whatsoever, just ers off about the Republican adminis- are going to pay for it, we don’t have simply freeze it. And Mr. Speaker, un- tration. I think the world of George W. to worry about what tomorrow looks fortunately, the chairman’s response Bush. I like that man. He is a good like. But shouldn’t we at least ask that was, we want to do that, but not in this man. But he got some bad advice from there be a little bit of transparency in bill. It’s not time. And I think I said, some arrogant people. And look at the system so that someone can look well, if not us, who? And if not now, what was done and the advice that was and see how many MRIs are done on a when? And so we went back and forth. given. Heck, back in September, the particular diagnostic group of patients, And unfortunately, along party lines, advice was, well, we may have a depres- to have some idea as to whether or not my simple amendment failed as well. sion, but if you will give me starting these services are being utilized in a And I was very, very disappointed. off $350 billion but maybe get to $700 wise fashion? But I want to thank the gentleman, billion, start with $350 billion, I can fix Similarly, should we not have some- again, from Texas, Dr. BURGESS, for it. That is arrogance. The people in one who is responsible for coordination giving me an opportunity to join with America are not smart enough to fix of benefits? Medicaid, if it exists in him tonight and give me some time. this. Give me the money, and I will fix conjunction with a private insurance, And I yield back to him so that we can it. always is supposed to be secondary; hear from LOUIE GOHMERT, Judge It permeates this town. It permeates that is, the private insurance should be GOHMERT, from Texas. this capital. It’s an arrogance that the insurer of first resort, Medicare Mr. BURGESS. I thank the gen- says, ‘‘the American people are just should be the insurer of last resort. But tleman for yielding. not smart enough. They wouldn’t be in about 13 to 15 percent of Medicaid May I ask the Speaker, may I inquire able to go back to the doctor-patient cases across the country, there is in as to the remaining time. relationship the way it used to be. fact a primary insurer who just has not The SPEAKER pro tempore. The gen- They wouldn’t be able to help the econ- paid. Medicaid then goes from sec- tleman has 14 minutes remaining. omy by spending their own money ondary to primary, and that bill is put Mr. BURGESS. I yield to the gen- properly. Let’s make them give it to us on to the American citizens when in tleman from Texas. through taxes. And then we will spend fact that bill actually was the responsi- Mr. GOHMERT. I thank my friend it. Because they’re just not smart bility of a private insurance company. from Texas, as well, Dr. BURGESS and enough to know how to spend it in a Dr. GINGREY. And I thank you, Mr. way that is best for them.’’ b 2130 Speaker. And why does that happen? It is be- But this all ties in together, when And that is what we’ve got. So you cause of the lack of reciprocity. And we we’re talking about health care, I had have the Bush administration that get into this in a lot of different areas. my staff pull the last numbers they took $350 billion, and Secretary But it is that inability of insurance could get. And for the year 2006, if you Paulson, King Henry, was going to companies to function across State add together all of the Federal tax dol- spend that in such a way that it would lines. Some of that State reciprocity lars that are spent on health care, and encourage lending and get the credit could actually go a long way. Again, you add that to the State tax dollars flowing and so people who had fallen when you are talking about a program that are spent on health care in the behind on their mortgage could come that spends upwards of almost $600 bil- year 2006 per household, it was right forward and refinance and borrow more lion a year, a 15 percent savings starts around $8,400. money to catch up. This was going to to look like real money. So I just offer Well, $8,400 per household in Amer- help fix that. Well, they gave all that those as a couple of things that we ica? You know, we have talked about money to the banks. And now it’s even might consider as we go through this health savings accounts and how that harder to get a loan than it was before process, Mr. Speaker. could restore power into the hands of they squandered all that $350 billion. I do know that Judge GOHMERT from the American public. That could re- So what have we gotten? Well, now, Texas, LOUIE GOHMERT from Texas, did store the good old doctor-patient rela- frankly I have had, and I’m still hold- want to talk to us a little bit about the tionship. Because what we have right ing out, hope for the Obama adminis- financial bailout package and the res- now is not a doctor-patient relation- tration. They come right in. They say, cue package. Let me see if the gen- ship. What we have is a doctor either Bush, before you leave, why don’t you tleman from Georgia, Dr. GINGREY, had insurance company or government pa- go ahead and request that other $350 some final thoughts on the health care tient relationship, because either the billion? Because we are going to want aspect before we leave that and go to insurance companies or governments to spend that. And then on top of that, the economy. are between the doctor and the patient. we’re going to ask for another $800 bil- Mr. GINGREY of Georgia. Dr. BUR- Well, man, some people, I have had lion or so. And you know what? We GESS, thank you. And I also want to retired folks say, well, I can’t ever may need $1.2 trillion before it’s all hear, Mr. Speaker, from Judge have a health savings account. I can over. GOHMERT on this very important sub- never accumulate that money because Now that is interesting. Of course, as ject. I just want to mention one other I’m too old and I’m too sick to ever ac- my friends here from Georgia and thing, Mr. Speaker, in regard to this cumulate that money. But if you look Texas know, I filed a 2-month tax holi- so-called rescue, or economic stimulus at it, and you go, wow, $8,400, that was day bill that just says, we don’t need package, that we marked up in the En- in 2006. Now it is even more than that. the arrogant bureaucrats in Wash- ergy and Commerce Committee last But you could give every household in ington to spend our money because we Thursday in a 12-hour markup. Dr. America a $3,000 health savings ac- are too stupid to spend it ourselves. BURGESS initially was talking about a count. And if you establish this rela- What we need is to give the American couple of amendments that he and Mr. tionship with you and your doctor, and people the strength of this country, the WHITFIELD from Kentucky had in re- then here is another $2,000 or $3,000 on American people, let them have their gard to a sustainable growth rate. And top of that to buy your catastrophic own tax dollars for 2 months. If you let this was a golden opportunity to fix care insurance, then you get back to a them keep every dime of withholding that. Unfortunately, along party lines, doctor-patient relationship. for Federal income tax and every dime Mr. Speaker, both of those very good But why would we not want to do for FICA withholding, if you let the amendments were voted down. And that? Well, I would submit to you it’s American people keep their own money then finally, yours truly, Dr. GINGREY, because there is a culture of arrogance for 2 months, then it comes up to had an amendment that said, okay, if in Washington, D.C., and it has been around $334 billion. That would jump- you won’t do that, how about just sim- here for a while. It’s not a new thing. It start this economy.

VerDate Mar 15 2010 10:39 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR09\H26JA9.000 H26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 26, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 1525 Now, we’ve been saying that for a their own money? They don’t need forth is terribly intriguing, and I sus- couple of months. And here, lo and be- some arrogant bureaucrat in Wash- pect we will get a lot of interest. I hold, within the last 10 days, Moody’s ington saying, give me $1.2 trillion, and know we have to direct our comments Economy came out with a study that I will try to spend it the right way to to the Chair and not to the cameras, showed of all the tax proposals—and get the economy going. but I would be curious if the gentleman that included tax proposals that I If you let the American people have has a bill to that effect. know my friends here agree with, like $1.2 trillion with no individual income Mr. GOHMERT. The bill is H.R. 143. cutting capital gains and cutting cor- tax for a year, this economy would ex- It is a two-month tax holiday that lets porate taxes. I get sick and tired of plode. It would be going so good, people people keep all of their own with- hearing people say that we will never would want to rush back into America holding and all of their FICA for two get manufacturing jobs back in Amer- with these jobs, because this is where months. And all it takes is passage and ica. Because some of us went and it’s all happening. the next paycheck, it is not six months talked to CEOs in China and asked, So, I’m still holding out great hope, down the road, it is all of their with- why did you move over here? I figured because one of the things, and Mr. holding in the check as soon as we pass they would say because labor is cheap. Speaker, I know, I feel sure that Presi- the bill. That is what H.R. 143 is about. They said, you know, we had a lot bet- dent Obama inspires you as he does me, I hope people call the White House and ter quality control in the United I sat there listening to that inaugural say President Obama, you have in- States with our products. But the cor- address. And I was inspired. And I spired me so please, let us have our porate tax is less than half here, and know there are critics out there who own money. H.R. 143 is the way to do it they cut us deals on corporate tax. say, well, I was expecting a better and the way that the President can So we agree. We need to drop the cor- speech from him. I really was. That keep his promise. porate tax and drop capital gains. That was a great speech. Mr. BURGESS. I thank the gen- will get jobs flooding back in here. But b 2145 tleman for that insight. Am I recorded when it comes down to the American as a cosponsor on H.R. 143? money, the thing that will get the The problem that President Obama Mr. GOHMERT. The gentleman is. economy going the quickest and that has is he is so good at speech making, The gentleman has been a confidante will increase the gross domestic prod- people have come to set the bar so high and adviser and has been here longer uct faster in 1 year than any of these that he can give a great speech and than I have. I have greatly appreciated tax proposals, it is the tax holiday pro- people are not impressed. Well, I was the advice and wisdom of Dr. BURGESS. posal giving the American people their impressed. Of course he talked about Mr. GINGREY of Georgia. I also own money. Washington, and that struck a chord would like to inquire if I too am a co- Now, it’s interesting to me that with me. When he said: ‘‘With hope and sponsor of that excellent piece of legis- President Obama is now saying, do you virtue, let us brave the icy currents,’’ lation. know what? We may need $1.2 trillion well, I agree with him. With hope, we Mr. GOHMERT. Dr. GINGREY is a co- to really get the American economy have got that. Virtue, well, we just ap- sponsor and trusted confidante and ad- going. Do you know why that triggered proved a new Treasury Secretary that viser. wasn’t virtuous enough to pay his in- something special in me? It is because, f I know, I asked for the numbers, the come tax, but apparently we are going amount of money that the American to overlook that kind of virtue require- LEAVE OF ABSENCE individual taxpayers paid per year this ment. Yes, we have some conflict of in- By unanimous consent, leave of ab- last year is right at $1.2 trillion in indi- terest problems with some other ap- sence was granted to: vidual income tax. Wow. Can you imag- pointments. Maybe we will just go for- Mr. RODRIGUEZ (at the request of Mr. ine? Can you get your mind, Mr. ward with hope because we are losing HOYER) for today on account of travel Speaker, around the thought of not the virtue issue here with some of the delays. paying income tax for a whole year? recent appointments. f Can you imagine if the American pub- But I am hopeful that this President lic were told, do you know what? We will understand some of the things that SPECIAL ORDERS GRANTED had wanted a $1.2 trillion stimulus some of the people around President By unanimous consent, permission to package to try the best we can to get Bush did not, and that is the American address the House, following the legis- the economy going. But then it hit us. people are not as stupid as this town lative program and any special orders Do you know the American people are has cast them. They are smart enough heretofore entered, was granted to: not as stupid as we have characterized to know how to spend their own (The following Members (at the re- them as being? So let’s let the Amer- money, smart enough to get the econ- quest of Mr. COURTNEY) to revise and ican public have that $1.2 trillion for omy going if we let them have their extend their remarks and include ex- this year. They won’t pay any income own money to do it. I am still holding traneous material:) tax for the whole year. It would be the out hope. As the poet says, there is the Ms. NORTON, for 5 minutes, today. same thing. No individual income tax hope that springs eternal in the human Ms. WOOLSEY, for 5 minutes, today. or giving Washington $1.2 trillion and breast. I have got it and I know you Mr. DEFAZIO, for 5 minutes, today. let them try to spend their way into guys have it too, Mr. Speaker. We have Ms. KAPTUR, for 5 minutes, today. helping the American public. Well, the that hope that springs eternal, but we Mr. SHERMAN, for 5 minutes, today. American public is not as stupid as this need to recognize that the arrogance in Mr. COURTNEY, for 5 minutes, today. town has cast them as being. They can this town, the arrogance of this capital Mrs. MALONEY, for 5 minutes, today. figure out good ways to spend the is much too pervasive and that the (The following Members (at the re- money that they earned and getting hope for this country does not arrive quest of Mr. BURTON of Indiana) to re- this economy going. on Air Force One, but we need to take vise and extend their remarks and in- Because what are they trying to do? responsibility. We need to let the clude extraneous material:) Well, we want to help Detroit. We want American public get the economy Mr. CALVERT, for 5 minutes, January to help with jobs. Can you imagine if going with their own money, cut the 27 and 28. everybody in America had their own arrogance and recognize the American Mr. BURTON of Indiana, for 5 minutes, withholding and FICA withholding for people for the backbones of this coun- today, January 27 and 28. a year, the cars that would be bought, try that they are. I appreciate the op- Mr. OLSON, for 5 minutes, January 28. the stock that would be bought, the portunity to vent a little bit from my Ms. FOXX, for 5 minutes, today. homes that would be bought, the friend, Dr. BURGESS. (The following Member (at his re- homes that would be built and the Mr. BURGESS. I thank the gen- quest) to revise and extend his remarks businesses that would be built with tleman. This proposal that you’ve put and include extraneous material:)

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Mr. POE of Texas, for 5 minutes, ADJOURNMENT p.m.), under its previous order, the today. Mr. GOHMERT. Mr. Speaker, I move House adjourned until tomorrow, Tues- that the House do now adjourn. day, January 27, 2009, at 10:30 a.m., for The motion was agreed to; accord- morning-hour debate. hingly (at 9 o’clock and 45 minutes EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for speaker-authorized official travel during the fourth quarter of 2008 pursuant to Public Law 95–384 are as follows:

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, MARIAH SIXKILLER, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN DEC. 17 AND DEC. 19, 2008

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

Mariah Sixkiller ...... 12 /17 12/19 Pakistan ...... 75.00 ...... 13,900.00 ...... 13,975.00 Committee total ...... 13,975.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. MARIAH SIXKILLER, Jan. 14, 2009.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO POLAND, GEORGIA, AND ICELAND, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN DEC. 15 AND DEC. 20, 2008

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

Hon. Allyson Schwartz ...... 12/16 12 /20 Poland, Georgia, Iceland ...... 1,495.00 ...... 1,495.00 Hon. David Dreier ...... 12/16 12/20 Poland, Georgia, Iceland ...... 1,495.00 ...... 1,495.00 Hon. Donald Payne ...... 12 /16 12/20 Poland, Georgia, Iceland ...... 1,495.00 ...... 1,495.00 Hon. Adam Schiff ...... 12 /16 12/20 Poland, Georgia, Iceland ...... 1,495.00 ...... 1,495.00 Hon. Bill Shuster ...... 12/16 12/20 Poland, Georgia, Iceland ...... 1,495.00 ...... 1,495.00 John Lis ...... 12/16 12/20 Poland, Georgia, Iceland ...... 1,495.00 ...... 1,495.00 Kay King ...... 12/16 12/20 Poland, Georgia, Iceland ...... 1,495.00 ...... 1,495.00 Brad Smith ...... 12 /16 12/20 Poland, Georgia, Iceland ...... 1,495.00 ...... 1,495.00 Margarita Seminario ...... 12/16 12/20 Poland, Georgia, Iceland ...... 1,495.00 ...... 1,495.00 Rachael Leman ...... 12/16 12/20 Poland, Georgia, Iceland ...... 1,495.00 ...... 1,495.00 Tommy Ross ...... 12/16 12/20 Poland, Georgia, Iceland ...... 1,495.00 ...... 1,495.00 John Sherry ...... 12 /16 12/20 Poland, Georgia, Iceland ...... 1,495.00 ...... 1,495.00 Committee total ...... 17,490.00 ...... 17,490.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. ALLYSON Y. SCHWARTZ, Chairman, Jan. 12, 2009.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON NATURAL RESOURCES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2008

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

Hon. Grace Napolitano ...... 11/9 11/11 Spain ...... 713.00 ...... (3) ...... 713.00 Hon. Henry Brown ...... 11/9 11/11 Spain ...... 734.40 ...... (3) ...... 734.40 Hon. Grace Napolitano ...... 11/11 11 /12 United Arab Emirates ...... 517.00 ...... (3) ...... 517.00 Hon. Henry Brown ...... 11/11 11/12 United Arab Emirates ...... 517.00 ...... (3) ...... 517.00 Hon. Grace Napolitano ...... 11/12 11 /14 Qatar ...... 731.00 ...... (3) ...... 731.00 Hon. Henry Brown ...... 11/12 11/14 Qatar ...... 772.71 ...... (3) ...... 772.71 Hon. Grace Napolitano ...... 11/14 11 /16 Italy ...... 995.00 ...... (3) ...... 995.00 Hon. Henry Brown ...... 11/14 11/16 Italy ...... 995.00 ...... (3) ...... 995.00 Julia Hathaway ...... 11/17 11 /25 Morocco ...... 2,307.00 ...... 3,137.00 ...... 5,444.00 Committee total ...... 8,282.11 ...... 3,137.00 ...... 11,419.11 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. NICK RAHALL, Chairman, Jan. 8, 2009.

(AMENDED) REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON RULES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2008

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

Muftiah McCartin ...... 10 /26 10 /31 China ...... 14,746.67 2,155.00 ...... 11,880.48 ...... 14,035.48 Hon. James P. McGovern ...... 11 /8 11 /13 Ecuador ...... 1,223.00 ...... 2,333.23 ...... 3,556.23 Cindy M. Buhl ...... 11/8 11/13 Ecuador ...... 1,223.00 ...... 2,333.23 ...... 3,556.23 Committee total ...... 14,746.67 4,601.00 ...... 16,546.94 ...... 21,147.94 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. LOUISE M. SLAUGHTER, Chairman, Jan. 9, 2009.

VerDate Mar 15 2010 10:39 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00030 Fmt 0688 Sfmt 8634 E:\BR09\H26JA9.000 H26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 26, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 1527 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, JOINT COMMITTEE ON TAXATION, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. AND DEC. 31, 2008.

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

HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return. ◊ 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. h HON. CHARLES B. RANGEL, Chairman, Jan. 12, 2009. EXECUTIVE COMMUNICATIONS, Energy, Department of Energy, transmitting final rule — Operating Permit Programs; ETC. the Department’s report outlining the status Flexible Air Permitting Rule [EPA-HQ-OAR- of the Exxon and Stripper Well oil over- 2004-0087; FRL-8764-1] (RIN: 2060-AM45) re- Under clause 8 of rule XII, executive charge funds as of September 30, 2007, pursu- ceived January 15, 2009, pursuant to 5 U.S.C. communications were taken from the ant to Senate Report 108-341 and the Depart- 801(a)(1)(A); to the Committee on Energy and Speaker’s table and referred as follows: ment of the Interior and Related Agencies Commerce. 254. A letter from the Director, Regulatory 239. A letter from the Director, Regulatory Appropriations Act of 2005; to the Committee Management Division, Environmental Pro- Review Group, Department of Agriculture, on Energy and Commerce. tection Agency, transmitting the Agency’s transmitting the Department’s ‘‘Major’’ 247. A letter from the Director, Regulatory final rule — Approval and Promulgation of final rule — Direct and Counter-Cyclical Management Division, Environmental Pro- Air Quality Implementation Plans; West Vir- Program and Average Crop Revenue Election tection Agency, transmitting the Agency’s final rule — Finding of Failure to Submit a ginia; Update to Materials Incorporated by Program (RIN: 0560-AH84) received January Reference [WV102-6039; FRL-8750-1] received 21, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to Required State Implementation Plan Revi- sion for 1-Hour Ozone Standard, California— January 7, 2009, pursuant to 5 U.S.C. the Committee on Agriculture. 801(a)(1)(A); to the Committee on Energy and 240. A letter from the Director, Regulatory San Joaquin Valley—Reasonably Available Control Technology [EPA-R09-OAR-2008-0862; Commerce. Management Division, Environmental Pro- 255. A letter from the Director, Regulatory tection Agency, transmitting the Agency’s FRL-8763-5] received January 15, 2009, pursu- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Management Division, Environmental Pro- final rule — Emamectin; Pesticide Toler- tection Agency, transmitting the Agency’s ances [EPA-HQ-OPP-2008-0261; FRL-8397-9] on Energy and Commerce. 248. A letter from the Director, Regulatory final rule — Finding of Failure to Submit received January 13, 2009, pursuant to 5 Management Division, Environmental Pro- State Implementation Plans Required by the U.S.C. 801(a)(1)(A); to the Committee on Ag- tection Agency, transmitting the Agency’s 1999 Regional Haze Rule [FRL-8762-7] re- riculture. final rule — Approval and Promulgation of ceived January 13, 2009, pursuant to 5 U.S.C. 241. A letter from the Director, Regulatory 801(a)(1)(A); to the Committee on Energy and Implementation Plans; Nevada; Vehicle In- Management Division, Environmental Pro- Commerce. spection and Maintenance Program [EPA- tection Agency, transmitting the Agency’s 256. A letter from the Director, Regulatory R09-OAR-2008-0705; FRL-8748-7] received Jan- final rule — Extract of Chenopodium Management Division, Environmental Pro- uary 15, 2009, pursuant to 5 U.S.C. ambrosioides near ambrosioides; Exemption tection Agency, transmitting the Agency’s 801(a)(1)(A); to the Committee on Energy and from the Requirement of a Tolerance [EPA- final rule — Approval and Promulgation of Commerce. Air Quality Implementation Plans; Utah’s HQ-OPP-2008-0528; FRL-8396-2] received Janu- 249. A letter from the Director, Regulatory Emission Inventory Reporting Requirements ary 7, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); Management Division, Environmental Pro- to the Committee on Agriculture. [EPA-R08-OAR-2007-1031; FRL-8754-7] re- tection Agency, transmitting the Agency’s ceived January 13, 2009, pursuant to 5 U.S.C. 242. A letter from the Secretary, Securities final rule — Air Quality: Revision to Defini- and Exchange Commission, transmitting the 801(a)(1)(A); to the Committee on Energy and tion of Volatile Organic Compounds — Ex- Commerce. Commission’s ‘‘Major’’ final rule — EN- clusion of Propylene Carbonate and Di- HANCED DISCLOSURE AND NEW PRO- 257. A letter from the Director, Regulatory methyl Carbonate [EPA-HQ-OAR-2006-0948; Management Division, Environmental Pro- SPECTUS DELIVERY OPTION FOR REG- FRL-8763-7] (RIN: 2060-AN75) received Janu- ISTERED OPEN-END MANAGEMENT IN- tection Agency, transmitting the Agency’s ary 15, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); final rule — Approval and Promulgation of VESTMENT COMPANIES [Release Nos. 33- to the Committee on Energy and Commerce. 8998; IC-28584; File No. S7-28-07] (RIN: 3235- Air Quality Implementation Plans; Arkan- 250. A letter from the Director, Regulatory sas; Emissions Inventory for the Crittenden AJ44) received January 21, 2009, pursuant to Management Division, Environmental Pro- 5 U.S.C. 801(a)(1)(A); to the Committee on Fi- County Non-attainment Area; Emissions tection Agency, transmitting the Agency’s Statements [EPA-R06-OAR-2007-1153 FRL- nancial Services. final rule — Finding Failure to Submit State 243. A letter from the Secretary, Depart- 8762-4] received January 13, 2009, pursuant to Implementation Plans Required for the 1997 5 U.S.C. 801(a)(1)(A); to the Committee on ment of Health and Human Services, trans- 8-Hour Ozone National Ambient Air Quality mitting the Department’s report for fiscal Energy and Commerce. Standard; North Carolina and South Caro- 258. A letter from the Director, Regulatory years 2005 to 2006 on the Family Violence lina [EPA-R04-OAR-2009-0043; FRL-8764-8] re- Management Division, Environmental Pro- Prevention and Services Program, pursuant ceived January 15, 2009, pursuant to 5 U.S.C. tection Agency, transmitting the Agency’s to 42 U.S.C. 10405, section 306; to the Com- 801(a)(1)(A); to the Committee on Energy and final rule — Approval and Promulgation of mittee on Education and Labor. Commerce. Air Quality Implementation Plans; Texas; 244. A letter from the Assistant Secretary 251. A letter from the Director, Regulatory Approval of the Section 110(a)(1) Mainte- Employee Benefits Security Administration, Management Division, Environmental Pro- nance Plan for the 1997 8-Hour Ozone Stand- Department of Labor, transmitting the De- tection Agency, transmitting the Agency’s ard for El Paso County [EPA-R06-OAR-2006- partment’s ‘‘Major’’ final rule — Investment final rule — Oil Pollution Prevention; Non- 0357; FRL-8761-4] received January 13, 2009, Advice — Participants and Beneficiaries Transportation Related Onshore Facilities pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- (RIN: 1210-AB13) received January 21, 2009, [EPA-HQ-OPA-2008-0546; FRL-8764-9] (RIN: mittee on Energy and Commerce. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 2050-AG49) received January 15, 2009, pursu- 259. A letter from the Director, Regulatory mittee on Education and Labor. ant to 5 U.S.C. 801(a)(1)(A); to the Committee Management Division, Environmental Pro- 245. A letter from the Acting Assistant on Energy and Commerce. tection Agency, transmitting the Agency’s Secretary Energy Efficiency and Renewable 252. A letter from the Director, Regulatory final rule — Approval and Promulgation of Energy, Department of Energy, transmitting Management Division, Environmental Pro- Implementation Plans; Washington; Inter- the Department’s report entitled, ‘‘Concen- tection Agency, transmitting the Agency’s state Transport of Pollution [EPA-R10-OAR- trating Solar Power Commercial Application final rule — Spiromesifen; Pesticide Toler- 2007-0110; FRL-8760-7] received January 7, Study: Reducing Water Consumption of Con- ances [EPA-HQ-OPP-2008-0262; FRL-8398-8] 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the centrating Solar Power Electricity Genera- received January 15, 2009, pursuant to 5 Committee on Energy and Commerce. tion,’’ pursuant to Public Law 110-140, sec- U.S.C. 801(a)(1)(A); to the Committee on En- 260. A letter from the Director, Regulatory tion 603(b); to the Committee on Energy and ergy and Commerce. Management Division, Environmental Pro- Commerce. 253. A letter from the Director, Regulatory tection Agency, transmitting the Agency’s 246. A letter from the Acting Assistant Management Division, Environmental Pro- final rule — Prevention of Significant Dete- Secretary Energy Efficiency and Renewable tection Agency, transmitting the Agency’s rioration (PSD) and Nonattainment New

VerDate Mar 15 2010 10:39 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\BR09\H26JA9.001 H26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 1528 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 January 26, 2009 Source Review (NSR): Aggregation and the fiscal year ending September 30, 2009, and who died after their service in the Vietnam Project Netting [EPA-HQ-OAR-2003-0064, for other purposes (Rept. 111–4). Referred to War as a direct result of that service; to the FRL-8762-8] (RIN: 2060-AL75) received Janu- the Committee of the Whole House on the Committee on Armed Services. ary 13, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); State of the Union. By Mr. FILNER: to the Committee on Energy and Commerce. Ms. PINGREE of Maine: Committee on H.R. 672. A bill to amend title 10, United 261. A letter from the Assistant Legal Ad- Rules. House Resolution 87. Resolution pro- States Code, to require the Department of viser for Treaty Affairs, Department of viding for consideration of the bill (S. 181) to Defense and all other defense-related agen- State, transmitting copies of international amend title VII of the Civil Rights Act of cies of the United States to fully comply agreements, other than treaties, entered into 1964 and the Age Discrimination in Employ- with Federal and State environmental laws, by the United States, pursuant to 1 U.S.C. ment Act of 1967, and to modify the oper- including certain laws relating to public 112b; to the Committee on Foreign Affairs. ation of the Americans with Disabilities Act health and worker safety, that are designed 262. A letter from the Secretary, Depart- of 1990 and the Rehabilitation Act of 1973, to to protect the environment and the health ment of Agriculture, transmitting the De- clarify that a discriminatory compensation and safety of the public, particularly those partment’s Performance and Accountability decision or other practice that is unlawful persons most vulnerable to the hazards inci- report for fiscal year 2008; to the Committee under such Acts occurs each time compensa- dent to military operations and installa- on Oversight and Government Reform. tion is paid pursuant to the discriminatory tions, such as children, members of the 263. A letter from the Acting Director, De- compensation decision or other practice, and Armed Forces, civilian employees, and per- partment of Defense, transmitting the De- for other purposes (Rept. 111–5). Referred to sons living in the vicinity of military oper- ations and installations; to the Committee partment’s ‘‘Major’’ final rule — National the House Calendar. on Armed Services, and in addition to the Security Personnel System (RIN: 3206-AL75) Ms. SLAUGHTER: Committee on Rules. Committees on Energy and Commerce, received January 21, 2009, pursuant to 5 House Resolution 88. Resolution providing Transportation and Infrastructure, Natural U.S.C. 801(a)(1)(A); to the Committee on for consideration of the bill (H.R. 1) making Resources, and Education and Labor, for a Oversight and Government Reform. supplemental appropriations for job preser- vation and creation, infrastructure invest- period to be subsequently determined by the 264. A letter from the Senior Procurement Speaker, in each case for consideration of Executive, GSA, Department of Defense, ment, energy efficiency and science, assist- ance to the unemployed, and State and local such provisions as fall within the jurisdic- transmitting the Department’s ‘‘Major’’ tion of the committee concerned. final rule — Federal Acquisition Regulation; fiscal stabilization, for the fiscal year ending September 30, 2009, and for other purposes By Mr. FILNER (for himself and Mr. FAR Case 2007-013, Employment Eligibility MCHUGH): Verification [FAC 2005-29, Amendment-1; (Rept. 111–6). Referred to the House Cal- endar. H.R. 673. A bill to amend the definition of FAR Case 2007-013; Docket 2008-0001; Se- a law enforcement officer under subchapter quence 2] (RIN: 9000-AK91) received January Mr. WAXMAN: Committee on Energy and Commerce. H.R. 629. A bill to provide energy III of chapter 83 and chapter 84 of title 5, 21, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to United States Code, respectively, to ensure the Committee on Oversight and Govern- and commerce provisions of the American Recovery and Reinvestment Act of 2009; with the inclusion of certain positions; to the ment Reform. Committee on Oversight and Government an amendment (Rept. 111–7, Pt. 1). Ordered to 265. A letter from the Deputy Assistant Reform. be printed. Secretary — Human Capital, Performance, By Mr. FILNER: and Partnerships, Department of the Inte- f H.R. 674. A bill to amend the Internal Rev- rior, transmitting the Department’s report PUBLIC BILLS AND RESOLUTIONS enue Code of 1986 to provide a one-time in- on their competitive sourcing efforts for fis- crease in the amount excludable from the cal year 2008, pursuant to Public Law 108-199, Under clause 2 of rule XII, public sale of a principal residence by taxpayers section 647(b); to the Committee on Over- bills and resolutions of the following who have attained age 50; to the Committee sight and Government Reform. titles were introduced and severally re- on Ways and Means. 266. A letter from the General Counsel, ferred, as follows: By Mr. FILNER: Federal Mediation and Conciliation Service, H.R. 675. A bill to amend title 10, United By Mr. OBEY (for himself, Mr. RANGEL, transmitting notification that the Service States Code, to provide police officers, crimi- Mr. WAXMAN, Mr. GEORGE MILLER of intends to follow the advisory guidelines set nal investigators, and game law enforcement California, Mr. OBERSTAR, Mr. GOR- forth in the No Fear Act; to the Committee officers of the Department of Defense with DON of Tennessee, Mr. FRANK of Mas- on Oversight and Government Reform. authority to execute warrants, make arrests, sachusetts, Ms. VELA´ ZQUEZ, Mr. 267. A letter from the Deputy Director, Na- and carry firearms; to the Committee on SPRATT, and Mr. TOWNS): Armed Services, and in addition to the Com- tional Science Foundation, transmitting no- H.R. 1. A bill making supplemental appro- tification that the Foundation intends to fol- mittee on the Judiciary, for a period to be priations for job preservation and creation, subsequently determined by the Speaker, in low the guidelines set forth by the No Fear infrastructure investment, energy efficiency Act; to the Committee on Oversight and each case for consideration of such provi- and science, assistance to the unemployed, sions as fall within the jurisdiction of the Government Reform. and State and local fiscal stabilization, for committee concerned. 268. A letter from the Secretary, Depart- fiscal year ending September 30, 2009, and for By Mr. CONYERS (for himself, Mr. ment of Health and Human Services, trans- other purposes; to the Committee on Appro- KUCINICH, Ms. WATSON, Mr. ELLISON, mitting the Department’s annual report on priations, and in addition to the Committee Mr. HINCHEY, Mr. DAVIS of Illinois, the Refugee Resettlement Program, pursu- on the Budget, for a period to be subse- Ms. BALDWIN, Ms. LEE of California, ant to Section 413(a) of the Immigration and quently determined by the Speaker, in each Mr. MASSA, Mr. NADLER of New York, Nationality Act; to the Committee on the case for consideration of such provisions as Mr. MCDERMOTT, Mr. DOYLE, Mr. Judiciary. fall within the jurisdiction of the committee GUTIERREZ, Mr. OLVER, Ms. KAPTUR, 269. A letter from the Director, Regulatory concerned. Ms. JACKSON-LEE of Texas, Mr. Management Division, Environmental Pro- By Ms. BORDALLO (for herself, Mr. ENGEL, Mr. MEEKS of New York, Ms. tection Agency, transmitting the Agency’s GEORGE MILLER of California, Mr. CLARKE, Mr. FARR, Mrs. NAPOLITANO, final rule — Civil Monetary Penalty Infla- ABERCROMBIE, Mr. HASTINGS of Flor- Ms. PINGREE of Maine, Mr. TONKO, tion Adjustment Rule [FRL-8760-4] (RIN: ida, Mr. KIND, Mr. MCGOVERN, Mrs. Ms. EDWARDS of Maryland, Mr. 2020-AA46) received January 7, 2009, pursuant NAPOLITANO, Mr. GRIJALVA, Mr. GRIJALVA, Mr. BERMAN, Mr. to 5 U.S.C. 801(a)(1)(A); to the Committee on KLEIN of Florida, and Mr. KILDEE): DELAHUNT, Mr. CLAY, Ms. KILPATRICK the Judiciary. H.R. 669. A bill to prevent the introduction of Michigan, Ms. WOOLSEY, and Mr. f and establishment of nonnative wildlife spe- COHEN): cies that negatively impact the economy, en- REPORTS OF COMMITTEES ON H.R. 676. A bill to provide for comprehen- vironment, or other animal species’ or sive health insurance coverage for all United PUBLIC BILLS AND RESOLUTIONS human health, and for other purposes; to the States residents, improved health care deliv- Under clause 2 of rule XIII, reports of Committee on Natural Resources. ery, and for other purposes; to the Com- committees were delivered to the Clerk By Mr. FILNER: mittee on Energy and Commerce, and in ad- for printing and reference to the proper H.R. 670. A bill to authorize Federal pay- dition to the Committees on Ways and ment to first responders for costs associated Means, and Natural Resources, for a period calendar, as follows: with providing emergency services at the to be subsequently determined by the Speak- Mr. OBEY: Committee on Appropriations. international borders of the United States, er, in each case for consideration of such pro- H.R. 679. A bill making supplemental appro- and for other purposes; to the Committee on visions as fall within the jurisdiction of the priations for job preservation and creation, Transportation and Infrastructure. committee concerned. infrastructure investment, energy efficiency By Mr. FILNER: By Mr. FILNER: and science, assistance to the unemployed, H.R. 671. A bill to direct the Secretary of H.R. 677. A bill to amend the Clean Air Act and State and local fiscal stabilization, for Defense to issue a medal to certain veterans to delay the effect of reclassifying certain

VerDate Mar 15 2010 10:39 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\BR09\H26JA9.001 H26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 26, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 1529 nonattainment areas adjacent to an inter- H.R. 686. A bill to amend title XIX of the the sense of Congress that the amount of national border, and for other purposes; to Social Security Act to permit local public military assistance that would have been the Committee on Energy and Commerce. agencies to act as Medicaid enrollment bro- provided for Egypt for a fiscal year should be By Mr. FILNER: kers; to the Committee on Energy and Com- provided in the form of economic support H.R. 678. A bill to require the Commis- merce. fund assistance; to the Committee on For- sioner of Social Security to revise the med- By Ms. FOXX (for herself, Mr. SES- eign Affairs. ical criteria for evaluating disability in a SIONS, Mr. MCHENRY, Mr. PITTS, and By Mr. WEINER (for himself, Ms. person diagnosed with Huntington’s Disease Mr. HENSARLING): WASSERMAN SCHULTZ, Mrs. LOWEY, and to waive the 24-month waiting period for H.R. 687. A bill to amend titles 23 and 49, Mr. NADLER of New York, Mr. Medicare eligibility for individuals disabled United States Code, to repeal wage require- GRIJALVA, Ms. SCHWARTZ, Ms. LEE of by Huntington’s Disease; to the Committee ments applicable to laborers and mechanics California, and Mr. COHEN): on Ways and Means. employed on Federal-aid highway and public H.R. 697. A bill to amend the Public Health By Mr. POE of Texas: transportation construction projects; to the Service Act, the Employee Retirement In- H.R. 680. A bill to require that the aircraft Committee on Transportation and Infra- come Security Act of 1974, and chapter 89 of used as Air Force One by the President be an structure, and in addition to the Committee title 5, United States Code, to require cov- aircraft that is made in America by an on Education and Labor, for a period to be erage for the treatment of infertility; to the American-owned company; to the Committee subsequently determined by the Speaker, in Committee on Energy and Commerce, and in on Armed Services. each case for consideration of such provi- addition to the Committees on Education By Mr. WAXMAN (for himself, Ms. sions as fall within the jurisdiction of the and Labor, and Oversight and Government BALDWIN, Mr. BUTTERFIELD, Mrs. committee concerned. Reform, for a period to be subsequently de- CAPPS, Mrs. CHRISTENSEN, Mr. DOYLE, By Ms. GRANGER: termined by the Speaker, in each case for Ms. ESHOO, Mr. GONZALEZ, Mr. GOR- H.R. 688. A bill to amend title XXI of the consideration of such provisions as fall with- DON of Tennessee, Mr. GENE GREEN of Social Security Act to reauthorize the State in the jurisdiction of the committee con- Texas, Mr. HILL, Mr. MARKEY of Mas- Children’s Health Insurance Program cerned. sachusetts, Mr. RUSH, Ms. through fiscal year 2013, and for other pur- By Mr. CROWLEY (for himself, Mr. SCHAKOWSKY, Mr. MCNERNEY, Ms. poses; to the Committee on Energy and Com- NADLER of New York, Mr. MCMAHON, CASTOR of Florida, Mr. PALLONE, Mr. merce. Mr. MCNERNEY, Mr. ACKERMAN, Mr. SARBANES, Mr. MATHESON, Mr. GRAY- By Mr. HERGER: HIGGINS, Mr. MCHUGH, Mr. HINCHEY, SON, Mr. RANGEL, and Mr. PIERLUISI): H.R. 689. A bill to interchange the adminis- H.R. 681. A bill to amend the Digital Tele- trative jurisdiction of certain Federal lands Mr. HALL of New York, Mr. ISRAEL, vision Transition and Public Safety Act of between the Forest Service and the Bureau Mr. TONKO, Mr. ARCURI, Mr. RANGEL, 2005 and the Communications Act of 1934 to of Land Management, and for other purposes; Mrs. MCCARTHY of New York, Mr. establish a new digital television transition to the Committee on Natural Resources. ENGEL, Mr. LEE of New York, Mr. date, to improve the digital-to-analog con- By Mr. SAM JOHNSON of Texas (for WEINER, Mrs. MALONEY, Mr. BISHOP of verter box program, and for other purposes; himself, Mr. POMEROY, Mr. HERGER, New York, Ms. CLARKE, Mr. TOWNS, to the Committee on Energy and Commerce. Mr. CANTOR, Ms. SCHWARTZ, Mrs. Mr. SERRANO, Mr. KING of New York, By Mr. BAIRD (for himself, Ms. BONO MACK, and Ms. ZOE LOFGREN of Mr. ROTHMAN of New Jersey, Mr. SLAUGHTER, and Mr. WALZ): California): SIRES, Ms. BORDALLO, Mr. PETRI, Mr. H.R. 682. A bill to prohibit securities and H.R. 690. A bill to amend the Internal Rev- BRADY of Pennsylvania, and Mr. commodities trading based on nonpublic in- enue Code of 1986 to remove cell phones from COSTELLO): formation relating to Congress, and to re- listed property under section 280F; to the H. Res. 84. A resolution honoring the he- quire additional reporting by Members and Committee on Ways and Means. roic actions of the pilot, crew, and rescuers employees of Congress of securities trans- By Mr. MEEK of Florida: of US Airways Flight 1549; to the Committee action, and for other purposes; to the Com- H.R. 691. A bill to amend the Internal Rev- on Transportation and Infrastructure; con- mittee on Financial Services, and in addi- enue Code of 1986 to provide a credit against sidered and agreed to. tion to the Committees on House Adminis- income tax for businesses furnishing By Mr. FLAKE: tration, the Judiciary, Agriculture, and broadband services to underserved and rural H. Res. 85. A resolution amending the Code Standards of Official Conduct, for a period to areas; to the Committee on Ways and Means. of Official Conduct in the Rules of the House be subsequently determined by the Speaker, By Mr. ROHRABACHER (for himself, of Representatives to strengthen the report- in each case for consideration of such provi- Mr. JONES, and Mr. PAUL): ing requirements for Members who request sions as fall within the jurisdiction of the H.R. 692. A bill to amend the Internal Rev- earmarks; to the Committee on Standards of committee concerned. enue Code of 1986 to exclude from gross in- Official Conduct. By Ms. BERKLEY: come compensation received by employees By Mr. FILNER: H.R. 683. A bill to amend the Internal Rev- consisting of qualified distributions of em- H. Res. 86. A resolution expressing support enue Code of 1986 with respect to the proper ployer stock; to the Committee on Ways and for the designation of Four Immortal Chap- tax treatment of certain indebtedness dis- Means. lains Day in remembrance of the 4 men who charged in 2009 or 2010, and for other pur- By Mr. ROSKAM (for himself, Mr. paid the ultimate sacrifice in the name of poses; to the Committee on Ways and Means. MANZULLO, Mrs. BIGGERT, Mr. FOS- compassion for those of different races and By Mr. BERRY (for himself, Ms. TER, Mrs. HALVORSON, and Ms. BEAN): faiths; to the Committee on Armed Services. SCHAKOWSKY, Mr. ABERCROMBIE, Mr. H.R. 693. A bill to designate a rail right-of- By Mr. BACA (for himself, Mr. FILNER, FRANK of Massachusetts, Ms. LEE of way as a corridor for inter-suburban com- Mr. ADLER of New Jersey, Mr. California, Mr. KENNEDY, Mr. muter rail, and for other purposes; to the CHILDERS, Mr. DELAHUNT, Mr. MAR- TIERNEY, Mr. HINCHEY, Ms. MCCOL- Committee on Transportation and Infra- KEY of Massachusetts, Mr. WALZ, Ms. LUM, Mr. VAN HOLLEN, Mr. FILNER, structure. BORDALLO, Ms. BERKLEY, Mr. MEEKS Mr. BISHOP of New York, Mrs. By Mr. SESTAK: of New York, Mr. HINOJOSA, Mr. BOS- MALONEY, and Ms. PINGREE of Maine): H.R. 694. A bill to extend temporarily the WELL, Mr. WEXLER, Mr. HALL of New H.R. 684. A bill to amend title XVIII of the 18-month period of continuation coverage York, Mr. ROSS, and Mr. KAGEN): Social Security Act to deliver a meaningful under group health plans required under H. Res. 89. A resolution supporting and en- benefit and lower prescription drug prices COBRA continuation coverage provisions so couraging greater support for Veterans Day under the Medicare Program; to the Com- as to provide for a total period of continu- each year; to the Committee on Veterans’ mittee on Energy and Commerce, and in ad- ation coverage of up to 24 months; to the Affairs. dition to the Committee on Ways and Means, Committee on Education and Labor, and in By Mr. SESTAK (for himself, Mr. for a period to be subsequently determined addition to the Committees on Energy and CHANDLER, Mr. DUNCAN, Mr. FOSTER, by the Speaker, in each case for consider- Commerce, and Ways and Means, for a period Mr. HINCHEY, Mr. HOLT, Mr. KIRK, ation of such provisions as fall within the ju- to be subsequently determined by the Speak- Mrs. MALONEY, Mrs. MCCARTHY of risdiction of the committee concerned. er, in each case for consideration of such pro- New York, and Mr. POE of Texas): By Mr. CLAY (for himself and Mr. visions as fall within the jurisdiction of the H. Res. 90. A resolution supporting the WAMP): committee concerned. goals and ideals of National Campus Safety H.R. 685. A bill to require a study of the By Mr. WEINER: Awareness Month; to the Committee on Edu- feasibility of establishing the United States H.R. 695. A bill to provide for a green build- cation and Labor. Civil Rights Trail System, and for other pur- ing certification program as part of the En- poses; to the Committee on Natural Re- ergy Star program; to the Committee on En- f sources. ergy and Commerce. PRIVATE BILLS AND By Mrs. DAVIS of California (for her- By Mr. WEINER: RESOLUTIONS self, Mr. BILBRAY, Mr. FILNER, and H.R. 696. A bill to prohibit United States Mr. ISSA): military assistance for Egypt and to express Under clause 3 of rule XII,

VerDate Mar 15 2010 10:39 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\BR09\H26JA9.001 H26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 1530 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 January 26, 2009 Mr. FILNER introduced a bill (H.R. 698) for H.R. 510: Mr. SPACE, Mr. HERGER, and Mr. limited tax benefits, or limited tariff the relief of Shigeru Yamada; which was re- SMITH of Nebraska. benefits were submitted as follows: ferred to the Committee on the Judiciary. H.R. 521: Mr. COHEN. H.R. 527: Mr. CARDOZA, Mr. RYAN of Ohio, OFFERED BY MR. OBEY f and Mr. SIRES. The provisions that warranted a referral to ADDITIONAL SPONSORS H.R. 548: Mr. MARKEY of Massachusetts, the Committee on Appropriations, in H.R. 1, Mr. CULBERSON, Mr. RUPPERSBERGER, Mr. the American Recovery and Reinvestment Under clause 7 of rule XII, sponsors KIND, Mr. DOYLE, and Mr. CAMPBELL. Act of 2009, do not contain any congressional were added to public bills and resolu- H.R. 578: Mr. LEWIS of Georgia and Mr. earmarks, limited tax benefits, or limited tions as follows: BISHOP of New York. tariff benefits as defined in clause 9(d), 9(e), H.R. 579: Ms. SCHAKOWSKY. or 9(f) of rule XXI. H.R. 13: Ms. SCHAKOWSKY. H.R. 590: Mr. PLATTS and Mr. CAMPBELL. OFFERED BY MR. SPRATT H.R. 16: Mr. BARTON of Texas. H.R. 591: Mr. FILNER, Mr. PASTOR of Ari- H.R. 23: Mr. ACKERMAN and Ms. KOSMAS. zona, and Mr. FARR. The provisions that warranted a referral to H.R. 25: Mr. OLSON. H.R. 605: Mr. LAMBORN, Mr. MURTHA, Mr. the Committee on the Budget in H.R. 1, the H.R. 31: Mr. REYES and Mr. RANGEL. KING of New York, and Mr. OBERSTAR. American Recovery and Reinvestment Act of H.R. 74: Mr. SOUDER, Ms. GINNY BROWN- H.R. 607: Mr. BURTON of Indiana and Mrs. 2009, do not contain any congressional ear- WAITE of Florida, Mr. BURGESS, and Mrs. BLACKBURN. marks, limited tax benefits, or limited tariff BACHMANN. H.R. 615: Ms. WOOLSEY, Mr. WOLF, and Mr. benefits as defined in clause 9(d), 9(e), or 9(f) H.R. 81: Ms. WOOLSEY. WEXLER. of rule XXI. H.R. 618: Mr. SERRANO, Mr. ELLISON, and H.R. 111: Mr. HODES and Mr. ORTIZ. f H.R. 137: Mr. GARY G. MILLER of California Ms. SCHAKOWSKY. and Mr. MCCOTTER. H.R. 622: Mr. SHULER and Mr. SIMPSON. AMENDMENTS H.R. 624: Ms. LEE of California, Mr. CHAN- H.R. 155: Mr. SOUDER, Mrs. BLACKBURN, and DLER, Mr. SHULER, and Mr. DINGELL. Under clause 8 of rule XVIII, pro- Mr. MICHAUD. H.R. 625: Mr. TERRY and Mrs. MYRICK. posed amendments were submitted as H.R. 156: Mr. Heinrich, Mr. PETRI, Mr. H.R. 640: Mr. WU and Mr. MACK. follows: ARCURI, Ms. TITUS, Ms. BERKLEY, Ms. MAR- H.R. 655: Mr. HOLT. H.R. 1 KEY of Colorado, and Mr. PETERS. H.R. 661: Mr. SCALISE and Mr. LEE of New H.R. 200: Mr. WATT, Mr. KENNEDY, Ms. York. OFFERED BY: MR. MANZULLO JACKSON-LEE of Texas, Mr. WU, and Mr. BER- H.J. Res. 11: Mrs. MYRICK. AMENDMENT NO. 1: In part 1 of subtitle G of MAN. H. Con. Res. 14: Ms. NORTON, Mr. COHEN, title I, add the following new section: H.R. 205: Mr. OLSON, Mr. SOUDER, Mr. and Mr. KENNEDY. SEC. 1605. TEMPORARY CREDIT FOR PURCHASE PITTS, Mr. GOODLATTE, and Mr. COBLE. H. Res. 19: Mrs. BACHMANN and Mr. WOLF. OF PASSENGER VEHICLES. OGGETT ALLONE H.R. 226: Mr. WHITFIELD. H. Res. 22: Mr. D , Mr. P , Ms. (a) IN GENERAL.—Subpart B of part IV of H.R. 227: Mr. OLSON. KAPTUR, Mr. OLVER, Ms. WATSON, Ms. subchapter A of chapter 1 is amended by in- H.R. 272: Mr. WESTMORELAND and Mr. CORRINE BROWN of Florida, and Mr. RANGEL. serting after section 30D the following new H. Res. 31: Mr. DOGGETT, Ms. FOXX, Ms. BRADY of Texas. section: MATSUI, Mr. WATT, Mr. RADANOVICH, Mrs. H.R. 275: Mr. MCHUGH. ‘‘SEC. 30E. TEMPORARY CREDIT FOR PURCHASE BONO MACK, Mr. BLUMENAUER, Mr. WU, and H.R. 294: Mr. BROWN of South Carolina. OF PASSENGER VEHICLES. Mr. CLAY. H.R. 305: Mr. GONZALEZ and Mr. REICHERT. ‘‘(a) ALLOWANCE OF CREDIT.—There shall be H. Res. 36: Mrs. LOWEY, Mr. HINOJOSA, Mr. H.R. 336: Mr. PETRI, Mr. RUSH, Mr. MORAN CUMMINGS, Ms. KOSMAS, Mr. BLUMENAUER, allowed as a credit against the tax imposed of Virginia, Mr. FILNER, and Mr. HOLT. Ms. FUDGE, Mr. ELLISON, Mr. AL GREEN of by this chapter for the taxable year an H.R. 345: Mr. PETRI. Texas, Mr. DAVIS of Illinois, Mr. DOYLE, Mr. amount equal to the purchase price of any H.R. 361: Mr. MINNICK. PASCRELL, and Mr. SCHIFF. qualified passenger vehicle placed in service H.R. 365: Ms. PINGREE of Maine. H. Res. 45: Mr. CHANDLER. by the taxpayer during the taxable year. H.R. 367: Ms. PINGREE of Maine. H. Res. 47: Mrs. MYRICK. ‘‘(b) MAXIMUM CREDIT.— H.R. 368: Ms. PINGREE of Maine. H. Res. 49: Mr. THOMPSON of California, Mr. ‘‘(1) NEW VEHICLES.—In the case of each H.R. 374: Mr. THOMPSON of California. MCNERNEY, Ms. HARMAN, Mr. ROHRABACHER, qualified passenger vehicle the original use H.R. 385: Mr. LATOURETTE, Mr. BARTLETT, Ms. CORRINE BROWN of Florida, Ms. KIL- of which begins with the taxpayer, the credit and Mrs. MYRICK. PATRICK of Michigan, Mr. MEEK of Florida, allowed by subsection (a) shall not exceed— H.R. 398: Mr. KLEIN of Florida, Mr. FATTAH, and Mr. JOHNSON of Georgia. ‘‘(A) $5,000 in the case of a vehicle placed in Ms. SCHWARTZ, Mr. ARCURI, Mr. HINCHEY, Ms. H. Res. 54: Mr. DENT, Mr. HERGER, Mr. service before January 1, 2010, and SCHAKOWSKY, Mrs. CAPPS, Mr. WALZ, Ms. THOMPSON of Pennsylvania, Mr. JORDAN of ‘‘(B) $2,500 in the case of a vehicle placed in NORTON, Ms. MOORE of Wisconsin, Ms. GIF- Ohio, Mr. SHIMKUS, Mr. FLEMING, Mr. service during 2010. FORDS, Mr. GRIJALVA, Mr. PATRICK J. MUR- SCALISE, Mr. COFFMAN of Colorado, Mrs. ‘‘(2) USED VEHICLES.—In the case of each PHY of Pennsylvania, Mr. OLVER, Mr. MOORE LUMMIS, Mr. OLSON, Mr. RYAN of Wisconsin, qualified passenger vehicle the original use of Kansas, Ms. LEE of California, Mrs. DAVIS Mr. INGLIS, Mrs. MCMORRIS RODGERS, Mr. of which does not begin with the taxpayer, of California, Mr. SIRES, Mr. SARBANES, Mr. BACHUS, Mr. BONNER, Mr. CULBERSON, Mr. the credit allowed by subsection (a) shall not MITCHELL, Ms. MCCOLLUM, Mr. BERMAN, Ms. LUCAS, Ms. FALLIN, Mr. LUETKEMEYER, Mr. exceed— SUTTON, Ms. HARMAN, Ms. BALDWIN, Mr. HARPER, Mr. PENCE, Mrs. SCHMIDT, Mr. ‘‘(A) $2,000 in the case of a vehicle placed in THOMPSON of California, and Mr. FILNER. PITTS, Mr. MARCHANT, Mr. BARTLETT, Mr. service before January 1, 2010, and H.R. 417: Ms. KILPATRICK of Michigan. LAMBORN, Mr. WILSON of South Carolina, Mr. ‘‘(B) $1,000 in the case of a vehicle placed in H.R. 422: Mr. BRADY of Texas. KLINE of Minnesota, Mr. MCHENRY, Mr. service during 2010. H.R. 430: Mr. OLSON. GINGREY of Georgia, Mr. COLE, Mr. ‘‘(c) LIMITATION BASED ON ADJUSTED GROSS H.R. 433: Mr. OLSON and Mr. SOUDER. NEUGEBAUER, Mr. HOEKSTRA, Mr. PRICE of INCOME.— H.R. 445: Mr. PETERS. Georgia, Mr. GARRETT of New Jersey, Mrs. ‘‘(1) IN GENERAL.—In the case of a natural H.R. 450: Mr. LAMBORN. BACHMANN, Mr. BROWN of South Carolina, person, the amount allowable as credit under H.R. 460: Mr. MCINTYRE, Ms. MCCOLLUM, Mr. CONAWAY, Mr. BROUN of Georgia, and Mr. this section (without regard to this sub- Ms. NORTON, Mr. WEXLER, Mr. TIERNEY, Mr. WESTMORELAND. section) for any taxable year shall be re- BURTON of Indiana, Mr. BISHOP of Georgia, H. Res. 70: Mrs. LUMMIS, Mr. VISCLOSKY, duced (but not below zero) by the amount Ms. SCHWARTZ, Mr. GUTIERREZ, Mr. and Mr. SHULER. which bears the same ratio to the amount so H. Res. 76: Mr. HONDA, Mr. MCGOVERN, Mr. CUMMINGS, Mr. FILNER, Ms. KILPATRICK of allowable as— FILNER, Mr. FARR, Mr. LEWIS of Georgia, Mr. Michigan, and Mr. ELLISON. ‘‘(A) the excess (if any) of— SERRANO, Mr. SHERMAN, Ms. SCHAKOWSKY, H.R. 470: Mr. MILLER of Florida, Mr. LIN- ‘‘(i) the taxpayer’s modified adjusted gross and Mr. MCCOTTER. DER, Mr. CULBERSON, Mr. SMITH of Texas, Mr. income for such taxable year, over H. Res. 77: Mr. SCOTT of Georgia. FRANKS of Arizona, Mr. CONAWAY, Mr. ‘‘(ii) $125,000 ($250,000 in the case of a joint H. Res. 81: Mr. MICHAUD, Mr. GUTHRIE, and GALLEGLY, and Mr. BILBRAY. return), bears to Mr. JONES. H.R. 483: Mr. SPACE, Mr. ALTMIRE, and Mr. ‘‘(B) $10,000. SMITH of New Jersey. f ‘‘(2) MODIFIED ADJUSTED GROSS INCOME.— H.R. 489: Mrs. MYRICK. CONGRESSIONAL EARMARKS, LIM- For purposes of paragraph (1), the term H.R. 502: Ms. FOXX. ITED TAX BENEFITS, OR LIM- ‘modified adjusted gross income’ means the H.R. 503: Mr. COURTNEY, Mr. LEVIN, Mr. LI- ITED TARIFF BENEFITS adjusted gross income of the taxpayer for the PINSKI, Mr. ISRAEL, Mr. MURTHA, Mr. WEINER, taxable year increased by any amount ex- Mr. BISHOP of New York, Mrs. MYRICK, Mr. Under clause 9 of rule XXI, lists or cluded from gross income under section 911, BARTLETT, and Mr. LANCE. statements on congressional earmarks, 931, or 933.

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‘‘(d) QUALIFIED PASSENGER VEHICLE.—For ‘‘(2) PERSONAL CREDIT.— with respect to the portion of the cost of any purposes of this section— ‘‘(A) IN GENERAL.—For purposes of this property taken into account under section ‘‘(1) IN GENERAL.—The term ‘qualified pas- title, the credit allowed under subsection (a) 179. senger vehicle’ means any motor vehicle (as for any taxable year (determined after appli- ‘‘(g) APPLICATION OF SECTION.—This section defined by section 30(c)(2)) if— cation of paragraph (1)) shall be treated as a shall apply to vehicles placed in service after ‘‘(A) the model year of such vehicle is (at credit allowable under subpart A for such the date of the enactment of this section and the time such vehicle is placed in service by taxable year. before January 1, 2011.’’. the taxpayer) not more than 3 years earlier ‘‘(B) LIMITATION BASED ON AMOUNT OF (b) CONFORMING AMENDMENTS.— than the most recent model year of such ve- TAX.—In the case of a taxable year to which (1) Paragraph (1) of section 26(a) is amend- hicle which is available for purchase, section 26(a)(2) does not apply, the credit al- ed by striking ‘‘and 30D’’ and inserting ‘‘30D, ‘‘(B) such vehicle is acquired for use by the lowed under subsection (a) for any taxable and 30E’’. taxpayer and not for resale, year (determined after application of para- (2) Subsection (a) of section 1016 is amend- ‘‘(C) the amount paid by the taxpayer for graph (1)) shall not exceed the excess of— ed by striking ‘‘and’’ at the end of paragraph such vehicle does not exceed $50,000, and ‘‘(i) the sum of the regular tax liability (as (36), by striking the period at the end of ‘‘(D) such vehicle has a gross vehicle defined in section 26(b)) plus the tax imposed paragraph (37) and inserting ‘‘, and’’, and by weight rating of not more than 8,500 pounds. by section 55, over adding at the end the following new para- ‘‘(2) DETERMINATION OF PRICE.—Rules simi- ‘‘(ii) the sum of the credits allowable under graph: lar to the rules of sections 4002(d) and 4003(c) subpart A (other than this section and sec- ‘‘(38) to the extent provided by section shall apply. tions 23, 25D, and 30D) and section 27 for the 30E(f)(1).’’. ‘‘(e) APPLICATION WITH OTHER CREDITS.— taxable year. (3) The table of sections for subpart B of ‘‘(1) BUSINESS CREDIT TREATED AS PART OF ‘‘(f) SPECIAL RULES.—For purposes of this part IV of subchapter A of chapter 1 is GENERAL BUSINESS CREDIT.—So much of the section— amended by inserting after the item relating credit which would be allowed under sub- ‘‘(1) BASIS REDUCTION.—The basis of any to section 30D the following new item: section (a) for any taxable year (determined property for which is credit is allowed under without regard to this subsection) that is at- this section shall be reduced by the amount ‘‘Sec. 30E. Temporary credit for purchase of tributable to property of a character subject of such credit. passenger vehicles.’’. to an allowance for depreciation shall be ‘‘(2) PROPERTY USED OUTSIDE UNITED (c) EFFECTIVE DATE.—The amendments treated as a credit listed in section 38(b) for STATES, ETC., NOT QUALIFIED.—No credit shall made by this section shall apply to taxable such taxable year (and not allowed under be allowed under subsection (a) with respect years ending after the date of the enactment subsection (a)). to any property referred to in section 50(b) or of this Act.

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RECOGNIZING PATRICIA GARCIA generously served the families of the area for RECOGNIZING SMITHA RAMA- DUARTE ON HER APPOINTMENT generations. But perhaps the most valuable KRISHNA FOR HER ACHIEVE- TO THE FEDERAL RESERVE resource of that community is the people MENTS IN THE 2009 INTEL BOARD’S CONSUMER ADVISORY themselves, as represented by the women of SCIENCE TALENT SEARCH COUNCIL the Gabilan Chapter of Kinship Center. For fifty-three years, this group of philanthropically- HON. HARRY E. MITCHELL HON. HARRY E. MITCHELL minded women has raised critically needed OF ARIZONA IN THE HOUSE OF REPRESENTATIVES OF ARIZONA funds to help the most needy and at-risk chil- IN THE HOUSE OF REPRESENTATIVES dren in the county—the neglected, abused Monday, January 26, 2009 Monday, January 26, 2009 and abandoned children who need a safe, Mr. MITCHELL. Madam Speaker, I rise Mr. MITCHELL. Madam Speaker, I rise permanent home through foster care and today to congratulate Ms. Smitha today in recognition of Patricia Garcia Duarte, adoption. Ramakrishna, who has been selected as a Semifinalist in the Intel Science Talent Search who was recently appointed to serve on the In 1989, the Gabilan Chapter partnered with Federal Reserve Board’s Consumer Advocacy 2009 competition. The Intel STS is one of the the Monterey County based Kinship Center Council. Patricia was one of only 10 new Nation’s most prestigious science competitions members selected to the board out of 167 which shared their mission to create perma- for high school seniors, and has been held an- nominees. This select group of advisors di- nent homes for the area’s most vulnerable nually for the past 68 years. Smitha is one of rects the Board on the implementation of its children. Through this twenty-year partnership, 300 Semifinalists selected out of 1,600 stu- responsibilities under the consumer credit pro- the Gabilan Chapter women have continued to dents who entered the competition. All of the Semifinalists for this competition tection laws, as well as on many other con- dedicate themselves to their mission as the are now eligible to become one of the 40 Fi- sumer-related issues. Gabilan Chapter of Kinship Center. Each year, nalists who then move on to compete in Ms. Garcia Duarte is currently the President funds raised by the Gabilan Chapter support Washington, DC, for top awards, including a and CEO of Neighborhood Housing Services, vital services to children in transition and new grand prize of $100,000. As you can see from one of the leading nonprofit affordable housing families struggling to meet the needs of chil- Smitha’s project title ‘‘Analysis of the Chemical organizations in Arizona. As President, she dren in their care. Kinship Center celebrates and Biological Degradation of Sucralose in oversees her company’s programs in financial its twenty-fifth anniversary this year—success Synthetic Wastewater’’, she is a serious stu- literacy education, individual credit counseling, dent with a bright future in the sciences. mortgage lending, affordable housing finance, due in no small way to the steadfast support As a former high school teacher, I am al- and real estate developments. In addition, Pa- of the Gabilan Chapter. ways especially glad to know when students tricia is the Chair of the Arizona Foreclosure Each year the dedicated Gabilan Chapter are awarded for their academic successes. Prevention Task Force, which organizes out- volunteers organize one of the oldest wine Smitha should be very proud of this achieve- reach and educational efforts to reduce the tasting festivals in California, as well as a his- ment. negative impact of foreclosures. In this posi- toric home tour. They sell cookbooks, aprons Madam Speaker, please join me in recog- tion, she has promoted these initiatives, and and hand crocheted quilts. They award an an- nizing Smitha Ramakrishna for her fine aca- has played an instrumental role in bring stake- nual post-secondary scholarship to a local stu- demic accomplishments. holder groups together, during these difficult dent from a foster, adoptive or group home. f economic times. I commend the Federal Reserve Board for Their efforts are a year-round operation run TRIBUTE TO CHARLOTTE PREECE selecting such a deserving candidate for their with professional effectiveness by women who Consumer Advisory Council. I am sure that also have full-time careers managing busi- HON. HOWARD L. BERMAN Patricia will provide valuable service and lead- nesses, ranches, farms, vineyards and house- OF CALIFORNIA ership during her time there. holds. IN THE HOUSE OF REPRESENTATIVES Madam Speaker, please join me in recog- The women of Gabilan are more than a Monday, January 26, 2009 nizing Patricia Garcia Duarte’s contributions to group of hardworking volunteers. They rep- our country and community. Mr. BERMAN. Madam Speaker, I want to resent the best of our Nation. They are an take this opportunity today to salute a distin- f icon of the American spirit of caring and hard guished servant of the U.S. Congress in the IN HONOR OF THE GABILAN work forged by the pioneers who settled this field of foreign affairs. At the beginning of Feb- CHAPTER OF KINSHIP CENTER land. After three generations, they have cre- ruary 2009, Charlotte Preece will retire from ated a tradition of active philanthropy that is the Congressional Research Service after 32 HON. SAM FARR an institution in their community. productive years of service to the legislative OF CALIFORNIA branch. Ms. Preece has spent her entire pro- Madam Speaker, in closing, I want to hold IN THE HOUSE OF REPRESENTATIVES fessional career at CRS serving the U.S. Con- up the Gabilan Chapter of Kinship Center as gress in multiple capacities. She joined CRS Monday, January 26, 2009 a model of public service, an expression of in July 1976 as an analyst in European Affairs. Mr. FARR. Madam Speaker, I rise today to what makes our Nation a worldwide leader in In that capacity, she authored dozens of re- honor the Gabilan Chapter of Kinship Center strong and compassionate philanthropy. May ports for the Congress on issues in U.S. Euro- for their fifty-three years of service dedicated their continued success inspire many more pean relations. She was promoted to specialist to children in need of foster and adoptive fami- generations to become involved in their com- in European Affairs in 1982, and later headed lies. On behalf of the whole House, I am hon- munities here at home and throughout the the Defense Manpower, Budget, and Policy ored to extend to the Gabilan Chapter of Kin- world. Analysis section for 3 years before becoming ship Center the gratitude of the Congress and assistant chief of the Foreign Affairs and Na- the American people for their past and future tional Defense Division. service. She served the last 17 years of her CRS San Benito County, in Central California, is career as the Chief of the Foreign Affairs Divi- a region of rich farm and ranch land that has sion, a position to which she was named in

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

VerDate Mar 15 2010 12:01 Jun 09, 2011 Jkt 079102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR09\E26JA9.000 E26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 26, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 1 1533 1991. After a reorganization of CRS in 2000, In her distinguished career with CRS, Char- RECOGNIZING THE FOUNTAIN the Foreign Affairs Division was expanded to lotte Preece has always understood and re- HILLS CHAPTER OF FCCLA FOR incorporate international trade and finance spected the power and special needs of Con- THEIR GENEROUS EFFORTS TO specialists and was renamed the Foreign Af- gress, including its legislative and oversight re- AID THE CHILDREN OF UGANDA fairs, Defense, and Trade Division. Ms. Preece sponsibilities as well as its obligation to rep- became the Congressional Research Service’s resent the interests of constituents. She has HON. HARRY E. MITCHELL assistant director for Foreign Affairs, Defense, always found time to serve as a mentor, coun- OF ARIZONA and Trade. In that capacity, she has super- selor, and friend to others, whether it be to IN THE HOUSE OF REPRESENTATIVES vised a staff that has grown to about 90 policy those she supervised, new congressional staff, analysts and is responsible for directing the Monday, January 26, 2009 research agenda to support the work of the or newly elected Members of Congress. Her exceptional skills at framing policy issues, her Mr. MITCHELL. Madam Speaker, I rise U.S. Congress in foreign affairs, defense, and today to recognize the Fountain Hills chapter abilities in research management, and her in- trade. of Family Career and Community Leaders of stinctive grasp of the needs and aspirations of In honoring Charlotte Preece for her service America (FCCLA) for its service project ‘‘To those she has supervised have earned her the at this time of great challenge for our country, Uganda, Love Fountain Hills.’’ This town-wide both economically and in foreign affairs, it is respect and loyalty of her team. Charlotte drive to collect backpack and school supplies worth pausing for a moment to consider the Preece will be greatly missed, as will the loss will culminate with members of the FCCLA strengths and contributions consistently made of her exceptional leadership of the Foreign traveling to Uganda to distribute the donations to the U.S. Congress by the Congressional Affairs, Defense, and Trade Division of CRS. to local school children. Research Service, where Ms. Preece has We offer her our deepest gratitude for her The fundraiser began in December of 2008 spent her professional career. We are so well many years of contributions to the work of the and is expected to last until the group travels served by this institution, and Ms. Preece epit- Congress, and we wish her well. to Uganda in the summer. So far, it has col- omizes one of the greatest strengths that CRS offers to the congressional clients it serves: its lected more than $11,000 from friends, par- f long-serving analysts are a reservoir of ‘‘insti- ents, teachers, and generous community tutional memory’’ that continually builds on members. In addition to delivering the school TRIBUTE TO REVEREND DAVID supplies while in Uganda, the FCCLA plans to past knowledge and informs future decisions. CHARLES CHEEK The importance of CRS’ ‘‘institutional mem- serve in construction and well digging crews, ory’’ is evident when considering even a brief schools, food banks, and health clinics. list of the critical issues that have come before I am particularly proud, Madam Speaker, to Congress during Ms. Preece’s tenure at CRS: HON. GEOFF DAVIS recognize Claire McWilliams, a Fountain Hills the signing of the Camp David Accord by OF KENTUCKY High School teacher and FCCLA sponsor. Anwar Sadat and Menachem Begin in 1978; Claire coordinated the entire project and con- IN THE HOUSE OF REPRESENTATIVES the Iran Hostage Crisis in 1979; the normaliza- tinues to serve as an inspiration to her com- tion of relations with the People’s Republic of Monday, January 26, 2009 munity. China in 1979; the fall of the Berlin Wall and Madam Speaker, I urge my colleagues to the Tiananmen Square Crackdown in China in Mr. DAVIS of Kentucky. Madam Speaker, I join me in recognizing the Fountain Hills chap- 1989; the end of the Cold War and demise of rise today to recognize Reverend David ter of FCCLA and its sponsor, Claire the Soviet Union beginning in 1989; the Gulf Charles Cheek, an outstanding community McWilliams, for their selfless work to raise War in 1991; the end of South African apart- leader in Kentucky’s Fourth District. On Janu- money and collect supplies for the children of heid by 1993; the devastating terrorist attacks ary 8, 2009, the May’s Lick Baptist Church Uganda. against the United States on September 11, held a celebration in honor of Reverend f 2001; the invasion of Afghanistan in 2001; and Cheek’s 20 years of service to the Baptist IN REMEMBERANCE OF the toppling of Saddam Hussein at the begin- Conference. TRAMMELL CROW, SR. ning of the Iraq War in 2003. All of these crit- ical events and more unfolded on Ms. In 1989, Reverend Cheek was called to Preece’s watch at CRS, giving her unique in- serve as pastor of May’s Lick Baptist Church. HON. PETE SESSIONS sight and invaluable expertise to a Congress He is the church’s forty-third pastor. OF TEXAS that saw much turnover during the same pe- Reverend Cheek has helped May’s Lick IN THE HOUSE OF REPRESENTATIVES riod. Of the 535 Members who served in the Baptist Church expand its services to the com- Monday, January 26, 2009 94th Congress in 1976, when Ms. Preece munity. Not only has the Church built a mod- began her CRS service, only 21 are still serv- Mr. SESSIONS. Madam Speaker, I rise ern nursery and a Family Life Center during today in memory of my dear friend, Trammell ing in 2008: 14 in the House, and 7 in the Reverend Cheek’s tenure, they have also ex- Senate. Newly elected Members are well Crow, Sr. He was a legendary real estate de- panded the Sanctuary, purchased additional veloper, a lover of the arts, and a generous served by having access to CRS experts that property and a new bus, developed an Edu- have not just read about but have worked philanthropist. cational Facility and settled all the Church closely on the policy issues of recent decades. Born in East Dallas, Mr. Crow came from I also want to reflect for a few minutes on debts. humble beginnings working various odd jobs the attributes and talents of Ms. Preece her- Over the last 20 years, Reverend Cheek in high school from cleaning bricks to deliv- self. Before coming to CRS in 1976, she has ordained seven Deacons and has worked ering new cars. After graduating from Wood- earned her bachelor’s of arts degree in inter- with four youth ministers. He has also row Wilson High School, Mr. Crow took a job national relations and Soviet area studies at mentored four individuals who eventually be- with Mercantile National Bank while taking the Pennsylvania State University, where she came ministers, three of whom were ordained night classes. At age of 24, he became the graduated summa cum laude. She went on to at May’s Lick Baptist Church. Reverend Cheek youngest certified public accountant in Texas earn a master’s degree in international secu- has served as Vacation Bible School Director and joined Ernst & Ernst as an entry-level rity studies at the Fletcher School of Law and for Bracken Association of Baptists for 20 auditor. Wanting to serve his country, he en- Diplomacy. At CRS, she had the distinction of years. He has also served on the Executive listed in the U.S. Navy and reached the rank being the youngest person the Service has Board of the Bracken Association of Baptists of Commander before returning to Dallas in 1942. ever named to attend the U.S. National War and is a member of the Bracken Association Upon his return, Mr. Crow partnered with College, graduating with the class of 1983. As Council. head of the CRS Terrorism Task Force, Char- John Stemmons and assisted with the devel- lotte Preece personally directed the massive Madam Speaker, please join me in com- opment of the Trinity Industrial District. His and extraordinarily helpful CRS effort to pro- mending Reverend Cheek for 20 years of ex- work ethic and dedication propelled him to vide Congress with timely and crucial policy traordinary work. We are all blessed to have great success and led to the establishment of analysis and information in the tragic days and such a dedicated servant in May’s Lick, Ken- an internationally recognized company. Mr. weeks after 9/11. tucky. Crow’s mark on Dallas can be easily seen in

VerDate Mar 15 2010 12:01 Jun 09, 2011 Jkt 079102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR09\E26JA9.000 E26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 1534 EXTENSIONS OF REMARKS, Vol. 155, Pt. 1 January 26, 2009 the Dallas skyline. The Dallas Design District, IN HONOR OF MARY GREEN IN REMEMBERANCE OF SENIOR the Hartford Insurance Company Building, Dal- CORPORAL NORMAN SMITH, DAL- las Market Hall, Stemmons Towers, Bryan LAS POLICE DEPARTMENT, Tower, San Jacinto Tower, and the Dallas HON. SAM FARR GANG UNIT Infomart are only a few examples of his many OF CALIFORNIA development projects. In addition to his suc- HON. PETE SESSIONS IN THE HOUSE OF REPRESENTATIVES cessful career, Mr. Crow deeply believed in OF TEXAS giving back to his community. His generosity Monday, January 26, 2009 IN THE HOUSE OF REPRESENTATIVES extended to numerous nonprofits and causes Monday, January 26, 2009 including Southern Methodist University, Mr. FARR. Madam Speaker, I rise today to where the Crow building in the Cox School of honor the memory of a great woman and Mr. SESSIONS. Madam Speaker, I rise Business educates the next generation of model citizen. Mary Reese Green, of Mon- today in memory of Senior Corporal Norman Smith of the Dallas Police Department. He leaders and entrepreneurs. terey, California, lived her life to make the was shot and killed on January 6, 2009 while Mr. Crow was one of America’s greatest de- world a better place. She was many things: trying to serve a felony warrant in South Dal- velopers. His life story is one that dem- civil rights activist, mother, wife, political cam- las. onstrates the American Dream is achievable paigner, and friend. On January 9, 2009, Mary Senior Corporal Smith had over seventeen with hard work and dedication. Throughout his passed away at the age of 81. Mary was a years of service with the Dallas Police Depart- professional career, he overcame the odds, fearless fighter during the civil rights move- ment; fourteen of those years with the elite conquered obstacles and achieved tremen- ment and an active advocate for art through- Gang Unit, facing some of the toughest crimi- dous success. He cared deeply for his family, out her life. She held a passion for politics and nals in Dallas. Although he had many years of friends, and community and it is evident to all service, Norm approached the job with the fire who knew him. I am honored to have known played instrumental roles in numerous political campaigns over the years. She was a real and drive of a rookie, never giving less than him and called him my friend. He will be great- one hundred and ten percent. He was deeply spark plug whose personal motto was ‘‘Yes, ly missed. May the peace of God be with committed to fighting crime and his passion we can!’’ those he loved and sustain them through this and dedication were evident to all who knew hour of sorrow. Mary was born and raised in Trenton, New him. His fair treatment made him one of the Jersey, where she developed a lifelong love of most respected officers in the City of Dallas as f art. She went on to study at the Pennsylvania well as among former gang members. Under- neath his tough demeanor, he also offered LEGISLATION TO INTERCHANGE Academy of Fine Arts in Philadelphia and to hope to those seeking a new life outside of THE ADMINISTRATIVE JURISDIC- teach art at George School in Bucks County, gangs. Different parts of the city affectionately TION OF CERTAIN FEDERAL Pennsylvania. There she met her husband, referred to him as the General, Soprano, Big LANDS BETWEEN THE FOREST Ross Green, a fellow teacher. Her first brush Swede, Normando, and the White Russian. SERVICE AND BUREAU OF LAND with politics came when she and Ross moved Norm is considered irreplaceable by his fellow MANAGEMENT, AND FOR OTHER to Berkeley. Mary campaigned for the right of officers in the Gang Unit. He was by definition PURPOSES students to post political flyers on university a true warrior. bulletin boards. When she and her husband Prior to his tenure with the Dallas Police De- moved to Atlanta, she fought for civil rights partment, Norm proudly served his country as HON. WALLY HERGER alongside her friends, Dr. Martin Luther King, a U.S. Marine and worked with Kaufman and OF CALIFORNIA Jr., Coretta Scott King, and Vernon Jordan. A Dallas Counties Sheriffs Departments. He is survived by his wife of eighteen and a half IN THE HOUSE OF REPRESENTATIVES notable story from Mary’s life centers on a public meeting held in Atlanta to discuss vot- years, Lieutenant Regina Smith; a daughter, Monday, January 26, 2009 ers’ rights after the enactment of the 1964 Clenique L. Williams; and a son, Karlis Smith. Civil Rights Act. Despite death threats and the Norm loved Regina deeply and treated her like Mr. HERGER. Madam Speaker, today I in- a queen. He was her best friend and did ev- hostile presence of the Ku Klux Klan at the troduce a bill to facilitate a land exchange be- erything with her. It was evident to all that the tween the Bureau of Land Management and meeting, Mary bravely spoke as scheduled, love they shared was special. the Forest Service to allow for consolidation while many others backed out and retreated. The Dallas Police Department and the Dal- and more streamlined administration of the Mary continued to play an active role in poli- las community have suffered the loss of a re- Chappie-Shasta Off-Highway Vehicle Area in tics throughout her life. She served as the markable officer, dedicated crime fighter, and the northern California district I represent. The central California chair for Robert Kennedy’s an outstanding American that committed his Chappie-Shasta Off-Highway Vehicle Area is presidential campaign, the northern California life to public service. May the peace of God be managed by the Bureau of Land Management co-chair for George McGovern in 1972, and with those he loved and sustain them through but also encompasses a parcel of land under this hour of sorrow. worked on the presidential campaigns of Gary the jurisdiction of the Forest Service. Hart in 1984 and 1988. Back in Monterey f This legislation is a simple and straight- County, she promoted the arts. She helped TWO ST. PETERSBURG, FLORIDA forward land exchange that would allow the raise funds to revitalize the Monterey Penin- GEOLOGISTS HONORED WITH Bureau of Land Management to consolidate sula Museum of Art’s La Mirada wing and took PRESTIGIOUS NATIONAL the management of the OHV area to achieve AWARDS more efficient management and a better expe- the lead in founding the Pacific Street branch’s rience for the area’s users. In addition to con- sculpture garden. Mary also helped produce solidating the OHV area this bill will also place two award-winning documentary films: Time HON. C.W. BILL YOUNG an equal amount of scattered wilderness par- Captured in Paintings: The Monterey Legacy OF FLORIDA cels and other Bureau of Land Management and The Roots of California Photography: The IN THE HOUSE OF REPRESENTATIVES lands under the jurisdiction of the Forest Serv- Monterey Legacy. Monday, January 26, 2009 ice, allowing for improved management of Madam Speaker, I know that I speak for the Mr. YOUNG of Florida. Madam Speaker, it those lands as well. Passage of this non- whole House in extending our deepest sym- is with great pride that in St. Petersburg, Flor- controversial legislation will result in a win-win pathies and condolences to Mary Green’s ida, I represent one of the world’s foremost for the taxpayers and the Federal Govern- centers of marine and geological research. We ment. daughter, Alice Green, son Mitchell Green, her three grandchildren, and many friends. have created a thriving hub of academic, gov- I look forward to working with my colleagues ernment and private sector facilities whose in order to move this legislation through Con- professional staffs work together on a daily gress. basis to study and help to solve some of our

VerDate Mar 15 2010 12:01 Jun 09, 2011 Jkt 079102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR09\E26JA9.000 E26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 26, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 1 1535 State’s, our Nation’s and our world’s most ogy at the 2009 Society for Sedimentary Ge- tersburg, made the announcement in August. challenging environmental, marine and geo- ology (SEPM) annual meeting in Denver. Shinn received an honorary Ph.D. from USF logical problems. Hine is currently Associate Dean in the Col- in 1998 and was a commencement speaker. The University of South Florida College of lege of Marine Science at the University of Since retiring in 2006 from the USGS Florida South Florida (USF) in St. Petersburg, Integrated Science Center office in St. Pe- Marine Science on the University’s St. Peters- where he began his career in 1979. He has tersburg, Shinn has been seated as a Cour- burg campus has been the linchpin of our ef- worked extensively with USGS personnel for tesy Professor at the USF College of Marine forts to bring together the best and brightest many years, including Gene Shinn (who will Science next door. scientific minds. With the addition of the U.S. receive SEPM’s Twenhofel Medal at the 2009 Nominees for the Twenhofel Medal are cho- Geological Survey 10 years ago and the Na- meeting; see article, this issue), Bob Halley, sen for their outstanding contributions in tional Marine Fisheries Service, the Florida Barbara Lidz, David Twichell, Kevin paleontology, sedimentology, stratigraphy, Fish and Wildlife Research Institute and the Cunningham, Jack Kindinger, Lisa Robbins, and (or) allied scientific disciplines. The con- Florida Institute of Oceanography, and in the Terry Edgar, and Kim Yates. tributions normally entail extensive per- Hine received his B.S. degree from Dart- sonal research but may involve some com- private sector SRI International, we have at mouth, his M.S. from the University of Mas- bination of research, teaching, administra- Bayboro Harbor a thriving research commu- sachusetts, Amherst, and his Ph.D. from the tion, or other activities that have notably nity. University of South Carolina. For his dis- advanced scientific knowledge in the field of Recently two of those researchers have sertation he investigated modern carbonate- sedimentary geology. Shinn has devoted his been honored for their work in the field of ge- bank-margin sediment on the Bahama Banks career to each of these areas and more, and ology. The first is Dr. Albert C. Hine, the Asso- with high-resolution seismic profiling. He has excelled in all. As a researcher dedicated ciate Dean of the USF College of Marine studies coastlines, continental shelves, car- to working in the field, he is recognized as a bonate platforms, and coral reefs, using an Science, who received the Francis P. Shepard pioneer in studies of carbonate sediment, array of geophysical tools. Hine has been tidal flats, diagenesis, coral-reef ecosystems, Medal for Sedimentary Geology at the annual heavily involved in the Ocean Drilling Pro- and, in recent years, the effects of trans- Society for Sedimentary Geology meeting in gram (ODP) and served on the program’s atlantic African dust on corals and human Denver, Colorado. The award is given to those Ocean History Panel, Site Survey Panel, and health. Shinn has an innate ability often to who have a sustained record of outstanding U.S. Science Advisory Committee; he was perceive truths before others do, and he en- research contributions in marine geology. also selected to be a Joint Oceanographic In- courages discussion and innovative thinking. In addition to being recognized for his pro- stitutions/U.S. Science Advisory Committee He is not afraid to speak his mind or to get lific research and his 140 peer-reviewed publi- Distinguished Lecturer for 2005–2006 (URL on the hot seat amidst controversy; he also http://www.oceanleadership.org/usssp/dls/ cations in the field of coastline studies, car- knows when to avoid controversy. Shinn has hine). Hine has had extensive seagoing expe- led numerous modern-carbonate field trips bonate platforms and coral reefs using an rience on many research vessels, including as to the Florida Keys and the Bahamas for array of geophysical tools, Dr. Hine was also co–Chief Scientist on ODP Leg 182 to the SEPM, the American Association of Petro- recognized for his commitment to teaching. He Great Australian Bight and as a member of leum Geologists (AAPG), the Geological So- is a major advisor to 11 Ph.D. and 22 M.S. the scientific crew on Leg 194 to the Marion ciety of America (GSA), and many univer- candidates. Plateau of northeastern Australia. He cur- sities and local societies. He has published He is a perfect example of the type of col- rently serves on the University–National more than 150 scientific papers, produced laborative research that goes on every day at Oceanographic Laboratory System (UNOLS) training films, won several ‘‘best paper’’ USF’s Bayboro campus, where he has worked Fleet Improvement Committee. awards, and received the USGS Meritorious Hine has written approximately 140 peer– Service Award, as well as the USGS Gene and taught since 1979. That includes his work reviewed journal articles and book chapters. Shoemaker Award for Excellence in Commu- with the U.S. Geological Survey where the He is major advisor to 11 Ph.D. and 22 M.S. nications. Shinn joins the ranks of other second award recipient Dr. Eugene A. Shinn candidates, including 2 from the USGS. His very distinguished geologists who have worked for more than 31 years. Dr. Shinn was former graduate students are spread far, shaped major concepts in understanding recently awarded the Society for Sedimentary wide, and deep. In recent years, he has fo- Earth processes and history in the realm of Geology’s William H. Twenhofel Medal for his cused on deep-water coral reefs and drowned carbonate geology. The honor is long over- outstanding contributions in the areas of pale- barrier islands; with Bob Halley and others, due. Shinn will receive the award at the So- he mapped the deepest coral reef in the ontology, sedimentology and stratigraphy. ciety’s annual meeting in Denver in June United States, off the southwest coast of 2009. Congratulations, Gene, for a meri- Now retired from USGS, Dr. Hine is a Cour- Florida (see related Sound Waves articles, torious job well done! tesy Professor at the USF College of Marine ‘‘USGS Scientists Use the SeaBOSS to Ex- William H. Twenhofel (1875–1957), Ph.D. Science where he continues his research and plore What Could Be the Deepest Coral Reef Yale (1912), is regarded as the patriarch of teaching. in the Continental United States’’ and sedimentary geology. Twenhofel, who was a Madam Speaker, following my remarks, I ‘‘Coral Reef Off Florida Determined to be member of the National Research Council, will include from the USGS publication Sound Deepest Known on U.S. Continental Shelf’’). retired in 1945 from an illustrious academic Waves two articles about both of these emi- The Shepard Medal is given to persons who career at the University of Wisconsin, Madi- have a sustained record of outstanding re- nent researchers, which includes much more son, where the Department of Geology and search contributions in marine geology. Geophysics has offered one of the top Earth– detail about their lifetimes of work in the field Francis Parker Shepard (1897–1985), known as science programs in the United States for and about the special collaborative relation- ‘‘The Father of Marine Geology,’’ is one of decades. Twenhofel cofounded the Journal of ships among these outstanding St. Petersburg the field’s true heroes. Shepard began his ca- Sedimentary Petrology, now the Journal of organizations. reer studying structural geology but is best Sedimentary Research, one of the premier Dr. Al Hine and Dr. Gene Shinn are two known for his work on, and understanding of, journals in the field of sedimentary geology. submarine canyons. A short story of his life shining examples of the energy and enthu- f siasm we have captured in St. Petersburg that is available as a PDF file (76.4 KB) at URL http://gsahist.org/gsat/gt01dec20_21.pdf. makes our city the center of international work HONORING BARBARA E. HERRING in marine science and geology. Please join me GENE SHINN WINS PREEMINENT SEPM in congratulating them on these great honors TWENHOFEL MEDAL, SOUND WAVES, DECEM- HON. MARCY KAPTUR and in thanking them for their continuing ef- BER 2008 OF OHIO– forts to impart their knowledge and enthu- Barbara Lidz IN THE HOUSE OF REPRESENTATIVES siasm to future generations of their students Eugene A. Shinn, carbonate geologist with Monday, January 26, 2009 and colleagues. Shell Oil in the 1960s and then with the U.S. Geological Survey (USGS) for 31 years, will Ms. KAPTUR. Madam Speaker, I rise today USGS COLLABORATOR WINS PRESTIGIOUS receive the 2009 William H. Twenhofel Medal SEPM SHEPARD MEDAL, SOUND WAVES, DE- to recognize the passing from this life of Bar- from the Society for Sedimentary Geology CEMBER 2008 bara E. Herring, who served as the first fe- (SEPM). The highest recognition given by male law director for the city of Toledo. Mayor Barbara Lidz the SEPM, the Twenhofel Medal is awarded Albert C. Hine, a close collaborator with annually to a person for his or her out- Carleton Finkbeiner appointed Mrs. Herring scientists at the U.S. Geological Survey standing contributions in sedimentary geol- law director in August 1999, after 4 months as (USGS) office in St. Petersburg, Florida, ogy. Albert C. Hine, Associate Dean of Re- acting law director. She retired as law director from its inception in 1988, will receive the search at the University of South Florida in December 2005, as the administration of Francis P. Shepard Medal for Marine Geol- (USF) College of Marine Science in St. Pe- Mayor Jack Ford was drawing to a close. As

VerDate Mar 15 2010 12:01 Jun 09, 2011 Jkt 079102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR09\E26JA9.000 E26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 1536 EXTENSIONS OF REMARKS, Vol. 155, Pt. 1 January 26, 2009 Mayor Finkbeiner said to the Blade, ‘‘If you’re 1966; sons, David and Nathan; brother, John HONORING THE NATIONAL ASSO- going to be a first-rate city in this country, you White; sister, Carole Gildemeister, and five CIATION MANAGEMENT GROUP have to have leaders that come from every grandchildren. sector of the community.’’ Mr. Finkbeiner said It is with the deepest admiration that I pay at her appointment, ‘‘Barb is going to be a tribute to the exemplary life of a pioneering HON. PHIL GINGREY very strong law director and a strong compo- woman. She dedicated her life in service to OF GEORGIA nent to the leadership of the city.’’ her family, friends, her students and the city of IN THE HOUSE OF REPRESENTATIVES Most of her tenure was in the succeeding Toledo. May her family be comforted by the Monday, January 26, 2009 administration, and ‘‘I was honored to serve memories they hold and may Barbara Herring with her,’’ Mayor Ford said to the Blade. ‘‘She be blessed with a loving peace. Mr. GINGREY of Georgia. Madam Speaker, was the best director I had. [She] helped draft in this troubled economy with fluctuating mar- the ethics statement we all lived under during f kets and fiscal uncertainty, it is the small busi- the 4 years I was mayor. She helped set the ness owner that keeps our economy func- IN HONOR OF THE ALBANY CHAM- tone.’’ tioning and keeps the American dream alive. BER OF COMMERCE AND ITS One issue in which she played a big part I am honored to represent thousands of was the city’s smoking ban, which preceded COMMUNITY SERVICE AWARD- EES small business owners whose associations, the statewide ban by several years. On other the National Franchisee Association (NFA) issues as well, ‘‘in those days, Toledo was and the National Association Management setting the tone for the State as far as home- HON. MICHELE BACHMANN Group (NAMG), are headquartered in my dis- rule rights,’’ Mayor Ford said. ‘‘She wrestled OF MINNESOTA trict in Kennesaw, Georgia. through a big case in the [Ohio] Court of Ap- peals with respect to [off-campus] student IN THE HOUSE OF REPRESENTATIVES These associations would like to recognize housing. I had full confidence in her. She was Monday, January 26, 2009 three distinct leaders; NFA Chairman Joseph ethically driven. Early on, we had an under- Anghelone, NAMG Chairman William Patter- Mrs. BACHMANN. Madam Speaker, I rise standing that we would do things by the book son and NFA Government Relations Com- today to honor 34 men and women and one and do it right and not try to be politically mittee Chairman Benjamin Jarratt. whole family from Albany, MN who have put cute.’’ Mr. Joseph Anghelone began his tenure as their heart and soul into making that commu- While she was honored to be chosen as the the NFA Chairman in February of 2006, and nity such a wonderful place to live, work, and first woman to serve as law director, her hus- since then he has established a record of raise a family. band, David, said, ‘‘she was more concerned dedication to the National Franchisee Associa- about being considered the best law director. This weekend, the Albany Chamber of Com- tion and its membership. During his years of She built that department up and was so ag- merce honored these people for putting their selfless service, Mr. Anghelone has been gressively fighting for them and trying to do ‘‘hand and heart into everything they do’’ to committed to advancing the Burger King things to get new talent in there,’’ he said to serve their colleagues and their fellow citizens. Brand through vigorous advocacy on all levels. the Blade. She had a calming effect, even in From keeping us safe to teaching our children In addition to his role as NFA Chairman, Mr. demanding circumstances, said Kelly Bejaige, to caring for our elderly, these men and Anghelone has served as the Franchise Rela- who was her secretary. ‘‘She was very dig- women are the rock on which we stand. The tions Committee Chairman and Diversity Af- nified and caring, and that carried her chamber, which itself is such an integral part fairs Committee Chairman during his term. through,’’ Ms. Bejaige said. ‘‘She had great re- of this community, has taken this opportunity While his duties have been heavy, Mr. spect from many people. She saw the best in to draw attention to the selfless and kind acts Anghelone has put the association and its everybody, and she tried to bring that out in of these individuals and their nominating orga- membership ahead of himself, to the better- people. She was no nonsense. She expected nizations: ment of the franchisee community. Richard ‘‘Hunk’’ Wolf, Albany Fire Depart- a lot, but nothing less than she was willing to Mr. William Patterson has served as the ment; Richard Schiller, Albany Senior Dining; give herself.’’ Chairman of the National Association Manage- Bertha Schiller, Albany Senior Dining; Rosie Mrs. Herring was a partner in the law firm ment Group since April of 2006. Previously Finken, Albany Senior Dining; Bob Pauly, Al- of Cooper, Straub, Walinski & Cramer in 1991 Mr. Patterson held the post of NAMG Board bany Senior Dining; Bob Thielman, Albany when then-law director for the city of Toledo Director, a position he began in February of Senior Dining; Ralph Vos, Albany Senior Din- Keith Wilkowski hired her as a staff attorney. 2005. She later became the city’s general counsel. ing; Norbert Vos, Albany Senior Dining; Rosie Krebs, Albany Senior Dining; Howard Krebs, Mr. Patterson has displayed diligent service She joined the law firm after graduating cum to NAMG and its Board of Directors. This laude in 1984 from the University of Toledo Albany Senior Dining; Robert St. Marie, Al- bany Senior Dining; Richard Carlson, Albany service has been marked by a dedication to law school. the growth and continued development of the Mrs. Herring taught English and psychology Senior Dining; Grace Carlson, Albany Senior Dining; LuAnn Jopp, Albany Home Bakery; organization while providing steadfast leader- about 8 years at Springfield High School near ship and direction. Toledo, Ohio. Before that, she taught about 6 Pam Kraker, Albany Lions; Sarah Kittelson, Al- years at Springfield Junior High. ‘‘She was bany Police Department; Tammy Jurek, Al- Mr. Benjamin Jarratt was selected to serve really the consummate teacher, and education bany Police Department; Darren Trousil, Al- as the NFA Secretary in February 2006, and lost what a real teacher should do,’’ her hus- bany Police Department. since then he has assumed the role of NFA band said. ‘‘She cared not just for the mental Paul Nelson, Wells Concrete Products; Government Relations Committee Chairman. and scholastic side of the students, but she Steve Stromme, Albany Area Schools; Ron In that position. Mr. Jarratt has played a sig- cared about their personal welfare.’’ Paulsen, Albany Area Schools; Herb Binsfeld, nificant role in the development of the NFA’s Born in Denver, Colorado, Mrs. Herring was Albany Food Shelf; Mary Binsfeld, Albany Government Relations advocacy efforts. a teenager when she moved with her family to Food Shelf; Kathy Pung, AAH & Medical Cen- In addition, Mr. Jarratt served as the Chair- Sylvania Township, near Toledo, Ohio. She ter; Judy Zenzen, AAH & Medical Center; man of the NFA’s Government Relations Sum- was a 1963 graduate of Sylvania High School Janet Christen, Holy Family School; Ryan mit in 2007 and again in 2008. Mr. Jarratt has and received a bachelor’s degree from Ohio Scherping, Holy Family School; Patty Leyk, developed a reputation as a staunch advocate State University. She was a trustee of the To- Our Savior’s Lutheran Church; Val Oehrlein, for the interests of franchisees and their busi- ledo Legal Aid Society and was a former Mother of Mercy Auxiliary; The Sand Family, nesses. president of Ohio Municipal Attorneys. In re- Albany Chamber; Al Amdahl, Albany Jaycees; The National Franchisee Association and tirement, she was on the board of St. Paul’s Brennan Shay, Albany Pioneer Club; Bev National Association Management Group con- Community Center. She took part in the Lucas Lieser, Albany Women of Today; Nathan tinue to grow and prosper in the face of nu- County Juvenile Court’s Court Appointed Spe- Meer, Albany Boy Scouts; Justin Overman, Al- merous challenges, which is a testament to cial Advocate program. She was a lector at bany Boy Scouts. the efforts of these three outstanding individ- Blessed Sacrament Church. Surviving are her I share in the chamber’s recognition of their uals. The NFA and NAMG will be eternally husband, David, whom she married May 21, great public service. grateful for the leadership they have provided.

VerDate Mar 15 2010 12:01 Jun 09, 2011 Jkt 079102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR09\E26JA9.000 E26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 26, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 1 1537 HONORING WILLIAM J. SYRING Syring and Mary Drumm; sons, Patrick, Jo- to families and individuals, she regularly seph, John, and Paul Syring, and seven reaches out to the homeless in Delaware—not HON. MARCY KAPTUR grandchildren. only to meet practical needs for food, clothing OF OHIO It is with the deepest appreciation that I pay and shelter, but by motivating, instructing and IN THE HOUSE OF REPRESENTATIVES tribute, on behalf of our entire community, to enriching their lives. Apostle Cofield lives by the long life of a good, patient, kind and dedi- several creeds including, ‘‘the most important Monday, January 26, 2009 cated barrister, William J. Syring who passed thing is to know God and for God to know Ms. KAPTUR. Madam Speaker, I rise today from this life on July 4, 2008. He lived his you’’, as well as ‘‘attitudes are contagious, is to pay tribute to William J. Syring of Toledo, years in service to his family, friends, Toledo yours worth catching?’’ The members of Ohio who practiced law in Toledo for a half community and the cause of justice. I valued Anointed Word admire and respect Apostle century, eventually running for City Council him for decades as a friend and advisor. May Cofield for her selfless acts, strong leadership and the Ohio Court of Appeals. Mr. Syring had God welcome William home and bring peace and passion for community outreach. a general law practice, handling small busi- to his dear wife and family. I thank Apostle Joyce Cofield for her many ness, probate, real estate, and personal injury f years of service to the members of her con- cases. His son, Paul, first practiced law with gregation at Anointed Word Evangelistic Fel- his father, and state it left ‘‘an indelible mark HAPPY NEW YEAR TO THE ORGA- lowship, the greater community, and the State on my career. It was a wonderful experience. NIZATION OF CHINESE-AMERI- of Delaware. I am confident that as she cele- He was calm, a constant student of the law’’, CANS brates this significant milestone in her ministry, as he reported to the Toledo Blade. William she will remain committed to many more years retired about 10 years ago from his practice, HON. JASON ALTMIRE of demonstrating her faith in both word and which he began in 1948 after serving two OF PENNSYLVANIA deed. years as counsel for the Federal Power Com- IN THE HOUSE OF REPRESENTATIVES f mission in Washington. ‘‘He was always a Monday, January 26, 2009 RECOGNIZING THE HERKIMER great one for wanting to help others, espe- COUNTY COMMUNITY COLLEGE Mr. ALTMIRE. Madam Speaker, I would like cially those who couldn’t afford it or didn’t (HCCC) WOMEN’S TRACK AND to wish the Pittsburgh Chapter of the Organi- know the right channels to go through,’’ his FIELD TEAM wife Pat observed. zation of Chinese-Americans a happy and Mr. Syring believed that to build a case, a healthy New Year for the year 4707, the year lawyer must get out and talk to people and in- of the ox. HON. MICHAEL A. ARCURI vestigate, much as a detective would do. ‘‘He I hope this New Year brings the Chinese- OF NEW YORK taught me you don’t practice law sitting behind American community of Pittsburgh much joy IN THE HOUSE OF REPRESENTATIVES your desk and answering the phone,’’ said his and thanksgiving. I am thankful for the positive Monday, January 26, 2009 son, a senior attorney with the City of Toledo impact this organization has had on the lives Mr. ARCURI. Madam Speaker, I rise today Law Department, where he has been since of Chinese-Americans and Pittsburgh as a in recognition of the Herkimer County Commu- 1999. ‘‘I learned more from him probably than whole. Chinese-Americans have greatly con- nity College (HCCC) Women’s Track and Field I did in law school. ‘‘He was a representative tributed to the progress of Pittsburgh as well Team in my congressional district in Upstate of the golden age of the practice of law in To- as the entire nation. I am very honored for this New York. In 2008, the team won its fourth re- ledo. He showed me it’s priceless to prepare, opportunity to wish them a very happy 4707. gional championship and its first ever national and he was always prepared.’’ I ask my colleagues in the United States championship. Altogether, HCCC’s athletic Mr. Syring ran in 1982 for the Ohio Sixth House of Representatives to join me in wish- programs have won 72 regional champion- District Court of Appeals, and he campaigned ing the members of the Organization of Chi- ships and 31 national championships. at diners and fairs through the eight counties nese-Americans a very happy and prosperous The National Junior College Athletic Asso- of the district. ‘‘He was a great communicator, New Year. ciation (NJCAA) Division III Region III Wom- a great trial lawyer, [and] thrived in the court- f en’s Track and Field Championships were room,’’ his son said. Mr. Syring was defeated held at the State University of New York by Judge Peter Handwork, who remains on IN HONOR OF APOSTLE JOYCE (SUNY) College of Technology at Alfred from the bench. COFIELD May 2–3. The Lady Generals came in first Early in his career, he ran unsuccessfully for with an impressive 163.5 points. Chantal City Council twice, in 1953 and 1956. He was HON. MICHAEL N. CASTLE Salamone, from Little Falls, placed first in the long active in civic causes. Mr. Syring was a OF DELAWARE triple jump and 100 meter hurdles, and was member of the Board of Community Relations IN THE HOUSE OF REPRESENTATIVES named the Women’s Field Athlete of the Meet. in the 1950s and he was a trustee of the Monday, January 26, 2009 Amanda Davey, of Amsterdam, won in the Model Cities Agency in the 1960s. He was a 400 meter hurdles. Betheny Jennings, of Syl- member of the Interfaith Conference on Reli- Mr. CASTLE. Madam Speaker, it is with van Beach, was first in the shot put, while gion and Race and of the NAACP. great pleasure that I rise today to recognize Sarah Lazarus of South New Berlin was first He was a past president of the Toledo Trial Apostle Joyce Cofield. On January 31, 2009, in the 3000 meter steeplechase. Lawyers Association and was a member of Apostle Cofield will be honored at a banquet The NJCAA Division III National Women’s the Toledo Legal Aid Society. He formerly was celebrating her 14th pastoral anniversary at Track and Field Championships were hosted on the executive committee of the Lucas Anointed Word Evangelistic Fellowship. by SUNY Delhi from May 8–10. HCCC won County Democratic Party. Mr. Syring was on Apostle Cofield is the founder of Anointed the meet with 135 points. Chantal and Aman- the Ohio Board of Bar Examiners for two Word Evangelistic Fellowship in Wilmington, da again won the 100 and 400 meter hurdles, terms. He was also a member of Gesu Delaware. Apostle Cofield entered full-time respectively. As a result of their wins, Chantal Church. ministry in 2000 and has over 30 years of ex- and Amanda were named First Team All- Mr. Syring was a graduate of St. John’s perience in ministerial leadership. During her Americans. They were also named Second High School when it was in North Toledo. He time as senior pastor of Anointed Word, Apos- Team All-Americans for their second place fin- received bachelor’s and law degrees from the tle Cofield has emerged as an accomplished ishes in the triple jump (Chantal), heptathlon University of Notre Dame. He later received a leader: in 2008 she was profiled in the Na- (Amanda), and 3200 meter relay (both). master of laws degree from Catholic University tional Registry of Who’s Who, and she re- Joining Chantal and Amanda as Second of America in Washington and attended Uni- cently published a prophetic book of poetry Team All-Americans were Sarah and Theresa versity of Toledo and Ohio State University entitled, From the Father’s Heart to My Heart Lazarus from South New Berlin and Krysta law schools. An Army veteran of World War II, to Your Heart. Estey from Little Falls. Sarah was second in he was an agent in the Counter Intelligence Apostle Cofield is a graduate of a local bible the high jump and was also a part of the 3200 Corps in Europe. college and has continued her education at meter relay team, while Theresa was second Surviving are his wife, Patricia Syring, whom various secular institutions in the Wilmington in the 400 meter hurdles. Krysta was a mem- he married Oct. 6, 1956; daughters, Julia area. As part of her vision to bring restoration ber of the relay team.

VerDate Mar 15 2010 12:01 Jun 09, 2011 Jkt 079102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR09\E26JA9.000 E26JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 1538 EXTENSIONS OF REMARKS, Vol. 155, Pt. 1 January 26, 2009 Amanda Link from North Patchogue, and example, threaten the biodiversity and the If EPA is allowed to implement this rule, al- Grace Hall from Herkimer also helped HCCC ecology of the Florida Everglades, the Chesa- most every small agricultural operation, includ- to achieve victory in the regional and national peake Bay Watershed, and the Great Lakes, ing family farms, will meet the 100-tons-per championships. among other national environmental treasures. year threshold. The cost of this rule will be a The Lady Generals were led by Head On Guam, the brown tree snake has caused ‘‘tax’’ of $175 per cow, $88 per head of beef Coach Sharon Howell and Assistant Coach the extirpation of many endemic forest birds cattle, and $20 per hog. In addition, any new Julie DelMedico. Howell was named Coach of and lizards. The coqui tree frog and the coco- farms or existing farm expansion will be bur- the Meet for both the regional and national nut rhinoceros beetle are the latest species to dened with the ‘‘New Source Review’’ permit- championships. have entered Guam. Although these species ting requirements. These permits, which are Madam Speaker, please join me in con- were 1 accidentally introduced, intentional in- extremely costly and time intensive, must be gratulating the Herkimer County Community troduction of invasive species is something acquired before any new changes take place. College Women’s Track and Field Team on that can and should be controlled. The bill re- While members of Congress may disagree their victories. I am proud to represent such introduced today would protect citizens, the on regulation of GHG emissions, the final de- talented athletes, and I wish them the best of economy, and the environment from imported cision should be made by Congress and not luck with their future athletic and scholarly pur- wildlife species that have the known potential mandated by the EPA. H.R. 391 asserts Con- suits. to and that would likely harm our interests in gress’ authority over this issue by pre-empting f the United States. EPA from regulating GHGs under the Clean Absent a comprehensive federal law ad- Air Act. INTRODUCTION OF THE NON- dressing the importation of nonnative species, Please join me and support our farmers by NATIVE WILDLIFE INVASION the only protection is provided by the Lacey cosponsoring H.R. 391. Congress must not PREVENTION ACT Act Amendments of 1981. This law authorizes allow EPA to establish regulations that place the Secretary of the Interior to designate wild- new costs on farmers and consumers. HON. MADELEINE Z. BORDALLO life species considered ‘‘injurious’’ to humans Please contact me directly or have your OF GUAM and prohibits importation of such species into staff contact Rodney Bacigalupo at 5–2811, IN THE HOUSE OF REPRESENTATIVES the country. The process, however, to des- [email protected], to add your name as a cosponsor of H.R. 391 or to Monday, January 26, 2009 ignate a species as injurious can take up to four years, at which point harm has already request further information on this issue. Ms. BORDALLO. Madam Speaker, today I been done. f have reintroduced a bill to protect the United The Nonnative Wildlife Invasion Prevention States from harm caused by invasive species. TRIBUTE TO MARGARET BUSH Act authorizes the establishment by regulation WILSON In the 110th Congress, I introduced H.R. of a risk assessment process to control the 6311, the Nonnative Wildlife Invasion Preven- importation of wildlife species. The bill adopts HON. WM. LACY CLAY tion Act, in response to the increasing eco- a preventative approach by requiring the Sec- OF MISSOURI nomic, environmental, and human health retary of the Interior to develop with public no- IN THE HOUSE OF REPRESENTATIVES threats posed by invasive wildlife species. I tice and public input a ‘‘green list’’ of species am reintroducing this legislation as a proactive allowed to be imported and a ‘‘black list’’ pre- Monday, January 26, 2009 approach to combating invasive wildlife spe- venting invasive species from entering the Mr. CLAY. Madam Speaker, I rise today to cies by prohibiting their importation. country. Prior to approving a species to be im- pay tribute to a great American—a feminist, Nonnative plants and animals are known by ported, the Secretary must evaluate its poten- social activist, and accomplished attorney, scientists to have been introduced into eco- tial risk to human, other animal species, and Margaret Bush Wilson was born before systems in all 50 States, the District of Colum- environmental health. Any imports of species, women had the right to vote. A pioneer and bia, and the territories. Invasive, nonnative which are not on the ‘‘green list,’’ will be sub- champion of woman’s rights, she was the first species can harm the economy, environment, ject to penalties under the Lacey Act Amend- woman to be president of both the St. Louis other animal species’ health and human ments of 1981. The Secretary, however, may chapter and Missouri chapter of the NAACP health. Such harm ranges, for example, from permit importation of an animal of such other and the second woman admitted to practice depreciating farmland property values and loss prohibited species for educational, scientific law in the state of Missouri. I am privileged to of irrigation water to increasing spread of dis- research, or accredited zoological or aquarium recognize this outstanding member of the St. ease. Additionally, collapse of buildings, com- display purposes. Finally, import fees will be Louis community as her friends and family petition with native animals, sport, game, and collected to cover the costs of the risk assess- honor her on the occasion of her 90th birth- endangered species losses, habitat alteration, ment process. day. and other ecosystem disturbances, have all I look forward to working with my colleagues Margaret Bush was born on January 30, resulted from the introduction of certain on both sides of the aisle to advance this leg- 1919 in St. Louis, Missouri. Her father James invasive species. islation and to strengthen the abilities of the Thomas Bush was a railway postal clerk and Scientists and economists generally esti- federal government to more effectively man- her mother Margaret Bernice Casey Bush was mate the cost of damages caused by invasive age and prevent the introduction and estab- an outstanding educator. Both of her parents species in the United States to amount to over lishment of nonnative wildlife species. were very active in the local NAACP. As a $123 billion annually. The risks associated f young woman, she attended Talladega Col- with the introduction and establishment of lege where she was awarded a Julia Prescott invasive species, and the costs of mitigation, THE AMERICAN FARM BUREAU Fellowship to study at Visva Bharati College in will continue to rise concomitantly with the ex- AND THE U.S. CHAMBER OF COM- India. pansion of trade and increased speed and fre- MERCE AGREE: REPEAL THE $175 After graduating from college with a B.S. de- quency of travel around the world and within COW TAX: COSPONSOR H.R. 391 gree in Economics, Mrs. Wilson benefitted the United States. The volume of cargo from the Supreme Court ruling in the case of shipped and exchanged worldwide continues HON. MARSHA BLACKBURN Gains v. Canada. That decision required the to increase and many communities across the OF TENNESSEE state of Missouri to admit African Americans to United States are experiencing growth in tour- IN THE HOUSE OF REPRESENTATIVES the University of Missouri School of Law, or to ism. These factors are reason alone to de- establish separate but equal law school facili- Monday, January 26, 2009 velop protocols and a system for assessing ties. Missouri chose to create Lincoln Univer- the risk of all nonnative wildlife species that Mrs. BLACKBURN. Madam Speaker, last sity law school, rather than to integrate. Mar- could be imported or introduced into the year, the EPA published an Advance Notice of garet Bush Wilson graduated from that law United States. Proposed Rulemaking for a rule to give EPA’s school and passed the Missouri bar in 1943. Preventing the introduction of invasive spe- bureaucracy regulatory oversight of green- A dedicated public servant, Margaret Bush cies is a significant challenge and priority for house gas, GHG, emissions under the Clean Wilson served as U.S. Attorney for the Depart- many communities across the country, includ- Air Act. This rule would affect both mobile and ment of Agriculture’s Rural Electrification Ad- ing my district, Guam. Invasive species, for stationary sources. ministration and as the Assistant Attorney

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