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

Vol. 156 WASHINGTON, THURSDAY, JANUARY 21, 2010 No. 7 House of Representatives The House met at 10 a.m. and was PLEDGE OF ALLEGIANCE their own health insurance policies— called to order by the Speaker. The SPEAKER. Will the gentle- and that’s real portability. woman from Ohio (Ms. KAPTUR) come If anybody loses or leaves their jobs, f forward and lead the House in the they don’t lose their insurance. People Pledge of Allegiance. should not be cancelled for having pre- PRAYER Ms. KAPTUR led the Pledge of Alle- existing conditions, and we should fig- The Chaplain, the Reverend Daniel P. giance as follows: ure out a way to provide for cata- strophic illness, catastrophic injury Coughlin, offered the following prayer: I pledge allegiance to the Flag of the Almighty God, true humility will not United States of America, and to the Repub- and affordability. automatically come to us when we lic for which it stands, one nation under God, These are things that most Members choose to bow our heads in prayer or indivisible, with liberty and justice for all. agree on. These things don’t cost bil- when we acknowledge our sins or f lions of dollars. These things help keep government out of the doctor’s office. shortcomings. More often, we are most MESSAGE FROM THE SENATE humbled when overwhelming cir- We should fix what the American peo- cumstances far exceed our control or A message from the Senate by Ms. ple want us to fix and keep the govern- natural disasters or human events sur- Curtis, one of its clerks, announced ment from destroying America’s prise us. that the Senate has agreed to without health. And that’s just the way it is. Lord, the horrific tragedy of biblical amendment a concurrent resolution of proportions in Haiti has deeply touched the House of the following title: f us all. At the same time, this island H. Con. Res. 228. Concurrent resolution BOBBY SALCEDO community has called forth from the providing for a joint session of Congress to receive a message from the President. (Ms. CHU asked and was given per- contemporary world a flood of compas- f mission to address the House for 1 sionate prayer and created a mighty minute.) force of coordinating resources, per- ANNOUNCEMENT BY THE SPEAKER Ms. CHU. Mr. Speaker, today I am in- sonal generosity and heroic action. The SPEAKER. The Chair will enter- troducing a resolution decrying the Grant wisdom, prudence, and for- tain up to 10 requests for 1-minute shocking violence of the Mexican drug titude to rescue workers, medical speeches on each side of the aisle. cartels, and I am urging the Mexican teams and caretakers who deliver aid f Government to bring to justice those and supplies. responsible for the killing of Bobby Your mighty presence is known, KEEP THE GOVERNMENT OUT OF Salcedo and of countless innocent by- Lord, when true poverty casts a fresh THE DOCTOR’S OFFICE standers. light on another’s wealth, when the (Mr. POE of Texas asked and was This past New Year’s Eve, Bobby weakness of some brings forth greater given permission to address the House Salcedo, a young elected official and strength from the rest. Sickness leans for 1 minute.) rising star from my district in El on the healthy. The dead are lifted up Mr. POE of Texas. Mr. Speaker, most Monte, California, was brutally exe- and buried to protect the living. of the American people oppose the gov- cuted in Gomez Palacio, Durango, Mex- How noble is this great sacrifice of ernment plan to take over health care. ico. Despite having no connection to the living and the dead. The human It costs too much; it borrows too much; the Mexican drug trade, Mr. Salcedo’s proportions of such love cannot be it taxes too much; it’s inefficient; and death is part of a recent and pervasive measured. We watch and say, ‘‘Amen.’’ it gives government bureaucrats the surge in violence against innocent by- control of our personal medical deci- standers. Bobby’s death reminds us f sions. We should just fix what’s broken. that the violence of the Mexican drug People should be able to buy health cartels is not in some faraway land but THE JOURNAL insurance across State lines to get that it affects us here in the United The SPEAKER. The Chair has exam- competitive rates. Small businesses States as well. ined the Journal of the last day’s pro- should be able to pool together to get This violence must be stopped. Bob- ceedings and announces to the House better rates through larger risk pools. by’s killers must be brought to justice. her approval thereof. Businesses that help take care of their That is why I encourage my colleagues Pursuant to clause 1, rule I, the Jour- employees should get tax breaks rather to support this resolution in urging the nal stands approved. than tax increases. People should own United States and Mexico to bring an

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

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VerDate Nov 24 2008 01:20 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A21JA7.000 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE H270 CONGRESSIONAL RECORD — HOUSE January 21, 2010 end to the gruesome violence of the nation and in every community. I urge then 18-month-old daughter, Bianca Mexican drug cartels. my colleagues and the House to join Lozano, on April 7, 1995. Bianca’s fa- f me in calling for religious freedom and ther, Juan Lozano, took her for a basic rights for all people. scheduled child custody visit and then b 1015 f abducted her to Mexico. That was al- HONORING THE LIFE OF TECH- most 15 years ago. NICAL SERGEANT ANTHONY C. MILITARY TRIBUNALS FOR I was shocked to learn that there are CAMPBELL TERRORISTS ACT over 950 open reports of U.S. citizen children being taken into Mexico by a (Mr. DAVIS of Kentucky asked and (Mr. BUCHANAN asked and was parent. No parent should ever go was given permission to address the given permission to address the House through Deana’s nightmare. That is House for 1 minute and to revise and for 1 minute.) why I have been working with all levels extend his remarks.) Mr. BUCHANAN. Mr. Speaker, this of government to urge cooperation Mr. DAVIS of Kentucky. Mr. Speak- week, I introduced legislation that re- with Mexico and allow this mother to er, I rise to honor the life of Technical quires terrorists to be tried in military see her child again. Sergeant Anthony C. Campbell, an Air courts. The American people are out- Congress should pass H.R. 3240, the Force Reservist and Cincinnati police raged that foreign terrorists that are International Child Abduction Preven- officer from Florence, Kentucky. Ser- waging war against the United States tion Act of 2009, which would establish geant Campbell made the ultimate sac- are being treated as common crimi- an Office on International Child Abduc- rifice in service to our Nation on De- nals. The al Qaeda-trained Nigerian tions within the State Department. I cember 15, 2009, in Afghanistan while terrorist accused of trying to blow up am a proud cosponsor of this legisla- serving with the 932nd Civil Engineer Flight 253 on Christmas Day—I was in tion, which would strengthen the tools Squadron. Detroit that day—is only the latest ex- we have available to ensure that chil- Tony Campbell was a model citizen ample of this misguided policy. dren like Bianca Lozano know they and patriot. His dream was to serve in The mastermind behind the 9/11 at- have a mother who loves them and the military and in law enforcement. tacks is going on trial in New York come home. After graduating from Boone County City, just blocks from Ground Zero. High School in 1992, he joined the U.S. Even the New York Democratic Gov- f Air Force. After active duty, he spent ernor disagrees with this approach. THE LONG VIEW ON JOB 10 years working as a pipefitter and Air Putting terrorists on trial before CREATION military tribunals has many benefits, Force Reservist before fulfilling his (Mrs. MALONEY asked and was given dream to become a Cincinnati police including the fact that sensitive U.S. intelligence sources and methods will permission to address the House for 1 officer. Tony was recalled to active minute.) duty and deployed to Afghanistan in be protected. I urge all my colleagues on both sides of the aisle to support Mrs. MALONEY. Mr. Speaker, as we October of 2009. consider new job initiatives to create Today, as we honor the service of and cosponsor the Military Tribunal for Terrorists Act. more jobs for unemployed Americans, this exceptional Kentuckian, my heart- the Joint Economic Committee will be felt prayers are with Tony’s wife, f producing a series of charts over the Emily, their children, Jordan, Ryker EXPRESSING THANKS TO THE next few weeks to help us better under- and Devin, and his loving parents. We VOLUNTEERS IN IOWA stand the economic missteps that led are all indebted to Tony for his brav- and contributed to this great recession. ery, dedication, and willingness to an- (Mr. LOEBSACK asked and was given This chart goes back to 1992, the year swer the Nation’s call to defend free- permission to address the House for 1 that President Clinton was elected. It dom. minute.) shows that during his time there was Mr. LOEBSACK. Mr. Speaker, I want f very robust job creation in the private to express my sincere appreciation and sector, and then during the Bush years HUMAN RIGHTS ABUSES IN EGYPT thanks to the volunteers who have it fell dramatically. This dark line is (Mr. SIRES asked and was given per- worked and continue to work in the the job creation, going up during the mission to address the House for 1 flood-ravaged community of Cedar Clinton years, falling dramatically minute.) Rapids and all throughout Iowa. under the Bush administration. It also Mr. SIRES. Mr. Speaker, I rise today On Monday, Martin Luther King Day, shows that Democrats have been con- to share my concerns and outrage over we observed a national day of service siderably more effective at creating human rights abuses in Egypt. and volunteerism. I had the honor of private-sector jobs. The Egyptian Government must up- working alongside a number of volun- Economic reality was actually even hold the rights of all religious commu- teers in Cedar Rapids, Iowa. It is the worse than this chart shows. As Nobel nities by ending discrimination and efforts, dedication, and a sense of Prize-winning economist Joseph harassment of these groups and pros- shared community like I experienced Stiglitz has pointed out, job creation ecuting those that do harm to these on Monday that is the heart and soul of during the Bush administration was groups. Iowa, and indeed our great Nation. fueled by a bubble that inflated hous- An attack that happened 2 weeks ago While I have been able to work with ing prices and spurred consumption starkly illustrates the need for change Congress to provide supplemental dis- and hiring, and when that bubble burst, in Egypt. On January 6, the night be- aster assistance toward flood recovery, the bottom fell out. fore Coptic Christmas, a drive-by it is the volunteers from not only Iowa, We owe it to the millions of unem- shooting killed six Coptic Christians. but all over the country who have of- ployed who fell victim to the failed While the United States and the human fered their hearts and time and made a economic policies of the past to invest rights community have been vocal in truly monumental impact in our State. in Democratic job creation policies condemning this attack and other Thank you again, volunteers, for all that have actually put people back to human rights abuses, the Egyptian you do. work in the private sector. Government has yet to recognize the f f full significance of the violent act or the overreaching issue of intolerance in INTERNATIONAL CHILD THE LONG VIEW ON JOB the country. ABDUCTION PREVENTION ACT CREATION Violence in the name of religion is (Mr. OLSON asked and was given per- (Mr. REHBERG asked and was given unacceptable, but when governments mission to address the House for 1 permission to address the House for 1 do not sufficiently address such behav- minute and to revise and extend his re- minute.) ior, the violence is far more troubling. marks.) Mr. REHBERG. Mr. Speaker, while Religion is a fundamental freedom that Mr. OLSON. Mr. Speaker, my con- efforts to tax energy production have must be upheld and respected in every stituent, Deana Hebert, last saw her failed because of overwhelming public

VerDate Nov 24 2008 01:20 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K21JA7.004 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE January 21, 2010 CONGRESSIONAL RECORD — HOUSE H271 opposition, the Environmental Protec- rorists. In fact, the al Qaeda handbook ture of our children and their children tion Agency quietly perpetrated one of specifically directs any operative who was in danger of being imperiled. He the largest power grabs ever. is detained to immediately claim he is stood at the Brandenburg Gate in Ger- A little-noticed decision last year ex- tortured and mistreated. We cannot many, shook his fist at Russia and panded the definition of ‘‘air pollut- stand by and allow our warfighters to said, ‘‘Mr. Gorbachev, tear down this ant’’ in the Clean Air Act to include be manipulated by the enemy. wall.’’ greenhouse gases. This means the Fed- When these charges are brought, We honor in a few days in my Fourth eral Government now has the author- many of our servicemembers elect to Congressional District and all across ity to regulate everything from carbon have civilian defense counsel, based on the land the man who said, Tear down dioxide to water vapor. As a result, their level of experience and expertise, this wall. Today I say to the leader of every living person is now a source of at their own expense. Even when ac- another country, our country, Mr. pollution from exhaling CO2 and water quitted or the charges are dropped, Obama, your health bill and your 34 vapor. Every breath you take, every these servicemembers are left with sig- czars: Tear down that wall that sepa- word you utter is now subject to EPA nificant debt. This is also unaccept- rates you from the American people. regulations. able. Pull down your health bill and start The American people need room to The people who so willingly defend over. The people have spoken. We need breathe; so I have sponsored H.R. 391 to this country deserve the very best de- jobs, not bribes and broken promises. do just that. I hope my colleagues will fense and should be acquitted or the Pull down that bill. Pull down that join me because the hot air that comes charges dropped. It is the responsi- bill. Pull down that bill. Pull down out of this Chamber would qualify us bility of our government to pay these that broken health bill. as a Superfund site. costs. Today I am introducing a resolu- f f tion to address this inequity. I will continue to fight for our soldiers, sail- HONORING NGUOI-VIET DAILY HONORING CATHOLIC SCHOOLS ors, airmen, and marines, and I urge all NEWS FOR ITS 31 YEARS OF (Mr. PERLMUTTER asked and was Members of Congress to do the same. SERVICE IN LITTLE SAIGON given permission to address the House f (Ms. LORETTA SANCHEZ of Cali- for 1 minute.) fornia asked and was given permission AMERICA IS TOO BIG TO FAIL Mr. PERLMUTTER. Mr. Speaker, I to address the House for 1 minute and (Ms. SPEIER asked and was given rise today to honor Catholic schools in to revise and extend her remarks.) permission to address the House for 1 my district and across the country for Ms. LORETTA SANCHEZ of Cali- minute and to revise and extend her re- their contributions to their students fornia. Mr. Speaker, I rise today to marks.) and communities. honor Nguoi-Viet Daily News for its 31 Ms. SPEIER. Mr. Speaker, Ameri- January 31 through February 6, 2010, years of media service in Orange Coun- cans’ thirst for real change did not end has been designated as Catholic ty, California. Nguoi-Viet Daily News with the election in 2008. Across this Schools Week by the National Catholic was the first and the largest daily country, people are mad, mad that the Education Association and the United newspaper published in Vietnamese in rampant speculation in our financial States Conference of Catholic Bishops. the United States, and it was founded markets which led to the current eco- I have a number of Catholic schools by Mr. Do Ngoc Yen in 1978. nomic meltdown and the double-digit in my district, including St. Therese, While its first 4-page issue, dated unemployment have not yet been ad- Our Lady of Fatima—where a number back on December 15, 1978, was printed dressed. of our neighborhood kids go—Saint in Mr. Do’s garage, today he has more I want to thank President Obama for Anne’s, Saint Bernadette, Saint Joan than 60 employees and a daily circula- his announcement this morning ac- of Arc, Saint Pius X, and Saints Peter tion of 18,000, and Nguoi-Viet online knowledging what former Fed Chair- and Paul. Each of these schools is ad- edition is among the most widely read man Paul Volcker has been saying for vancing strong academic goals in the services with 1.5 million hits a month. months: It’s time to reinstate the in- classroom, and each is developing well- Nguoi-Viet News has provided the Vi- stitutional protections that safe- rounded young adults in our commu- etnamese community with appealing guarded our country for more than half nities. editorials and local and international a century, the Glass-Steagall Act, iron- I congratulate these Catholic schools news stories that highlight community ically repealed in 1999 at the behest of in the Seventh Congressional District, service and activism while bringing the the financial services industry. as well as the students, parents, and community together. I applaud Nguoi- The only thing in America that can teachers for their ongoing dedication Viet News for those important achieve- ever be deemed too big to fail is Amer- to a quality education. Receiving a ments for 31 years, and I look forward ica itself. It is time for those of us in quality education is key to our chil- to its contribution in the next 31 years. Congress to grow a backbone, to have dren’s success, and as a parent of three, I am well aware of this. f the courage of our convictions and stand up to the big banks. No longer In closing, I extend my best wishes to IN DEFENSE OF OUR can we allow the greed of a few to put the students who attend the Catholic WARFIGHTERS the entire Nation at risk. schools in the Seventh Congressional (Ms. GRANGER asked and was given Just as we are united in our effort to District and wish every student in Col- permission to address the House for 1 combat threats from abroad, we must orado the best of luck in this school minute.) be vigilant to those very real threats year. Ms. GRANGER. Mr. Speaker, soon from within. We were sent here by the f courts-martial of the three Navy voters to take care of them, the tax- SEALS accused of beating a suspected payers and the consumers. The banks b 1030 terrorist will begin. These trials and can take care of themselves. PRESIDENT’S DEFICIT-CUTTING the outcomes are being followed close- f ly by our servicemembers. There is COMMISSION broad concern that political correct- MR. OBAMA, PULL DOWN THAT (Mr. PENCE asked and was given per- ness may be impacting the decision to HEALTH CARE BILL mission to address the House for 1 accuse servicemembers of crimes stem- (Mr. HALL of Texas asked and was minute and to revise and extend his re- ming from the treatment of terrorists given permission to address the House marks.) and accused terrorists. This is not ac- for 1 minute.) Mr. PENCE. If you are concerned ceptable. Our soldiers must be able to Mr. HALL of Texas. Mr. Speaker, as about runaway Federal spending and a carry out their missions without con- we approach President Ronald Rea- rising national debt, you won’t find a sidering the sensitivities of the ACLU. gan’s birthday, I remember very well 22 lot of comfort in today’s headlines. There is another group that is also years ago when he thought our country After passing a government takeover following these courts-martial, the ter- was threatened by Russia and the fu- of health care costing over $1 trillion

VerDate Nov 24 2008 01:20 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K21JA7.006 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE H272 CONGRESSIONAL RECORD — HOUSE January 21, 2010 and a budget that will triple the na- minute and to revise and extend his re- bill (H.R. 3254) to approve the Taos tional debt in the next 10 years, Demo- marks.) Pueblo Indian Water Rights Settle- crat leaders are now talking about ac- Mr. ARCURI. Mr. Speaker, I want to ment Agreement, and for other pur- tually bringing legislation that will take this opportunity to talk about an poses, and ask for its immediate con- raise our debt limit by $1.9 trillion. But issue that has taken root in my dis- sideration in the House. we are told by the same Democratic trict and across Upstate New York, and The Clerk read the title of the bill. leadership that they are going to get that is the concern over natural gas The SPEAKER pro tempore (Mr. serious in 2010 about fiscal discipline. drilling prospects in a procedure called CUELLAR). Pursuant to House Resolu- I guess, along those lines, President ‘‘hydraulic fracturing.’’ tion 1017, the bill is considered read. Obama is expected to announce a bipar- Natural gas is a great natural re- The amendment in the nature of a tisan commission that will look for source for this country to cultivate to substitute printed in the bill is adopt- ways to reduce deficits in the future. use for heat and energy. However, in ed. Sounds like an appealing idea, but the Upstate New York we have another The text of the bill, as amended, is as devil is always in the details in Wash- natural resource that is critical to our follows: survival and prosperity, and that is our ington, D.C. H.R. 3254 The President’s commission on close water. Our water supply is precious, and we Be it enacted by the Senate and House of Rep- examination actually looks like a resentatives of the United States of America in are so fortunate in Upstate New York Congress assembled, guard dog with no bite. It looks like to have an abundance of water re- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. fiscal discipline, but it could be easily sources that I never want to take for ignored by Congress. (a) SHORT TITLE.—This Act may be cited as granted and will always fight to pro- the ‘‘Taos Pueblo Indian Water Rights Settle- Remarkably, the President’s pro- tect. posal, as I have heard about it, is pro- ment Act’’. Now, I don’t want to oppose natural (b) TABLE OF CONTENTS.—The table of con- hibited from recommending cuts in any gas drilling in Upstate New York be- tents of this Act is as follows: discretionary spending. That will be cause there is a definite opportunity Sec. 1. Short title; table of contents. about $1.4 trillion. And the bridge to for gas drilling that has a positive im- Sec. 2. Purpose. nowhere, that is completely off-limits. pact, and I think that that’s an impor- Sec. 3. Definitions. And, as many of us know, with the par- tant thing if we are going to address Sec. 4. Pueblo rights. tisan bias and the structure of it, as re- energy costs and local jobs in the re- Sec. 5. Pueblo water infrastructure and water- ported, it is likely this commission gion. But I don’t want to sacrifice the shed enhancement. will just be an excuse to raise taxes. Sec. 6. Taos Pueblo Water Development Fund. purity of our water resources by rush- Sec. 7. Marketing. The American people don’t want ing to drill before the infrastructure is Sec. 8. Mutual-Benefit Projects. more government, more taxes, and in place in New York to regulate it in Sec. 9. San Juan-Chama Project contracts. more political posturing about spend- the way that it needs to be regulated. Sec. 10. Authorizations, ratifications, confirma- ing. They want this Congress to show I will stand with the people in my tions, and conditions precedent. the character and the strength to make district who could be affected by nat- Sec. 11. Waivers and releases. the hard choices to put our fiscal house ural gas drilling to ensure that their Sec. 12. Interpretation and enforcement. in order. water is protected. Sec. 13. Disclaimer. SEC. 2. PURPOSE. f f The purposes of this Act are— SUPPORT H.R. 2829 and H.R. 3053 HEALTH CARE (1) to approve, ratify, and confirm the Taos (Mr. BURTON of Indiana asked and Pueblo Indian Water Rights Settlement Agree- (Mr. CARSON of Indiana asked and ment; was given permission to address the was given permission to address the (2) to authorize and direct the Secretary to House for 1 minute.) House for 1 minute and to revise and execute the Settlement Agreement and to per- Mr. CARSON of Indiana. Mr. Speak- extend his remarks.) form all obligations of the Secretary under the er, each year tens of thousands of ex- Mr. BURTON of Indiana. Mr. Speak- Settlement Agreement and this Act; and offenders are released from prison back er, some people just don’t get it. (3) to authorize all actions and appropriations into our communities. Many of them I was reading the Wall Street Journal necessary for the United States to meet its obli- this morning. And when the Democrat gations under the Settlement Agreement and return to our neighborhoods with few this Act. prospects and no way to provide for Senators met, one of the aides was asked by a reporter what was going on; SEC. 3. DEFINITIONS. themselves and their families. and the aide to one of the Democrat In this Act: Unfortunately, months of waiting for Senators said this: ‘‘People are (1) ELIGIBLE NON-PUEBLO ENTITIES.—The term benefits often push these ex-offenders hysterical right now.’’ ‘‘Eligible Non-Pueblo Entities’’ means the Town back into criminal activity. Without Hysterical? Because the American of Taos, El Prado Water and Sanitation District (‘‘EPWSD’’), and the New Mexico Department an income to purchase health care and people realize that this health care bill food, many see it as the only way to of Finance and Administration Local Govern- is an absolute disgrace and a tragedy, ment Division on behalf of the Acequia Madre survive. and they didn’t want it and they over- Today, I believe this Congress has del Rio Lucero y del Arroyo Seco, the Acequia whelmingly voted against it in Massa- Madre del Prado, the Acequia del Monte, the the responsibility to address this clear chusetts, they are hysterical? Acequia Madre del Rio Chiquito, the Upper danger to the public. That is why I in- I would just like to say to that young Ranchitos Mutual Domestic Water Consumers troduced two bills last year, H.R. 2829 man and any of my colleagues who Association, the Upper Arroyo Hondo Mutual and H.R. 3053, which will ensure that really haven’t gotten the message from Domestic Water Consumers Association, and the former inmates have access to TANF, Massachusetts and Virginia and New Llano Quemado Mutual Domestic Water Con- Medicaid, Social Security disability, Jersey: the American people don’t like sumers Association. (2) ENFORCEMENT DATE.—The term ‘‘Enforce- and other benefits upon their release the direction this country is heading from prison. ment Date’’ means the date upon which the Sec- in. They don’t like the big spending. retary publishes the notice required by section By removing months of waiting, we They don’t like all these new socialis- 10(f)(1). can help these individuals successfully tic programs. And they don’t want the (3) MUTUAL-BENEFIT PROJECTS.—The term reenter society and avoid returning to government coming between them and ‘‘Mutual-Benefit Projects’’ means the projects a life of crime. I hope that all of my their doctor. And I hope my colleagues described and identified in articles 6 and 10.1 of colleagues will consider cosponsoring will get that message so we can work the Settlement Agreement. these important bills, both for the fu- together to solve these problems facing (4) PARTIAL FINAL DECREE.—The term ‘‘Partial ture of ex-offenders and for the safety the Nation regarding health care. Final Decree’’ means the Decree entered in New of our communities. Mexico v. Abeyta and New Mexico v. Arellano, f Civil Nos. 7896–BB (U.S.6 D.N.M.) and 7939–BB f TAOS PUEBLO INDIAN WATER (U.S. D.N.M) (consolidated), for the resolution NATURAL GAS DRILLING RIGHTS SETTLEMENT ACT of the Pueblo’s water right claims and which is substantially in the form agreed to by the Par- (Mr. ARCURI asked and was given Mr. RAHALL. Mr. Speaker, pursuant ties and attached to the Settlement Agreement permission to address the House for 1 to House Resolution 1017, I call up the as Attachment 5.

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(5) PARTIES.—The term ‘‘Parties’’ means the (2) shall be distributed by the Secretary to the for which, amounts remaining in the Fund will Parties to the Settlement Agreement, as identi- Pueblo on receipt by the Secretary from the be used. fied in article 1 of the Settlement Agreement. Pueblo of a written notice, a Tribal Council res- (C) APPROVAL.—On receipt of an expenditure (6) PUEBLO.—The term ‘‘Pueblo’’ means the olution that describes the purposes under sub- plan under subparagraph (A), the Secretary Taos Pueblo, a sovereign Indian tribe duly rec- section (a) for which the monies will be used, shall approve the plan if the Secretary deter- ognized by the United States of America. and a plan under subsection (c) for this portion mines that the plan is reasonable and consistent (7) PUEBLO LANDS.—The term ‘‘Pueblo lands’’ of the funding. with this Act. means those lands located within the Taos Val- SEC. 6. TAOS PUEBLO WATER DEVELOPMENT (5) ANNUAL REPORT.—The Pueblo shall submit ley to which the Pueblo, or the United States in FUND. to the Secretary an annual report that describes its capacity as trustee for the Pueblo, holds title (a) ESTABLISHMENT.—There is established in all expenditures from the Fund during the year subject to Federal law limitations on alienation. the Treasury of the United States a fund to be covered by the report. Such lands include Tracts A, B, and C, the known as the ‘‘Taos Pueblo Water Development (f) FUNDS AVAILABLE UPON APPROPRIATION.— Pueblo’s land grant, the Blue Lake Wilderness Fund’’ (hereinafter, ‘‘Fund’’) to be used to pay Notwithstanding subsection (d), $15,000,000 of Area, and the Tenorio and Karavas Tracts and or reimburse costs incurred by the Pueblo for— the monies authorized to be appropriated pursu- are generally depicted in Attachment 2 to the (1) acquiring water rights; ant to section 10(c)(2)— Settlement Agreement. (2) planning, permitting, designing, engineer- (1) shall be available upon appropriation or (8) SAN JUAN-CHAMA PROJECT.—The term ‘‘San ing, constructing, reconstructing, replacing, re- made available from other authorized sources Juan-Chama Project’’ means the Project author- habilitating, operating, or repairing water pro- for the Pueblo’s acquisition of water rights pur- ized by section 8 of the Act of June 13, 1962 (76 duction, treatment or delivery infrastructure, suant to Article 5.1.1.2.3 of the Settlement Stat. 96, 97), and the Act of April 11, 1956 (70 on-farm improvements, or wastewater infra- Agreement, the Buffalo Pasture Recharge Stat. 105). structure; Project, implementation of the Pueblo’s water (9) SECRETARY.—The term ‘‘Secretary’’ means (3) restoring, preserving and protecting the rights acquisition program and water manage- the Secretary of the Interior. Buffalo Pasture, including planning, permit- ment and administration system, the design, (10) SETTLEMENT AGREEMENT.—The term ‘‘Set- ting, designing, engineering, constructing, oper- planning, and permitting of water or waste- tlement Agreement’’ means the contract dated ating, managing and replacing the Buffalo Pas- water infrastructure eligible for funding under March 31, 2006, between and among— ture Recharge Project; sections 5 or 6, or costs related to the negotia- (A) the United States, acting solely in its ca- (4) administering the Pueblo’s water rights ac- tion, authorization, and implementation of the pacity as trustee for Taos Pueblo; quisition program and water management and Settlement Agreement; and (B) the Taos Pueblo, on its own behalf; administration system; and (2) shall be distributed by the Secretary to the (C) the State of New Mexico; (5) for watershed protection and enhance- Pueblo on receipt by the Secretary from the (D) the Taos Valley Acequia Association and ment, support of agriculture, water-related Pueblo of a written notice and a Tribal Council its 55 member ditches (‘‘TVAA’’); Pueblo community welfare and economic devel- resolution that describes the purposes under (E) the Town of Taos; opment, and costs related to the negotiation, au- paragraph (1) for which the monies will be used. (F) EPWSD; and thorization, and implementation of the Settle- (g) NO PER CAPITA DISTRIBUTIONS.—No part (G) the 12 Taos area Mutual Domestic Water ment Agreement. of the Fund shall be distributed on a per capita (b) MANAGEMENT OF THE FUND.—The Sec- Consumers Associations (‘‘MDWCAs’’), as basis to members of the Pueblo. retary shall manage the Fund, invest amounts amended to conform with this Act. SEC. 7. MARKETING. in the Fund, and make monies available from (11) STATE ENGINEER.—The term ‘‘State Engi- (a) PUEBLO WATER RIGHTS.—Subject to the the Fund for distribution to the Pueblo con- neer’’ means the New Mexico State Engineer. approval of the Secretary in accordance with sistent with the American Indian Trust Fund (12) TAOS VALLEY.—The term ‘‘Taos Valley’’ subsection (e), the Pueblo may market water Management Reform Act of 1994 (25 U.S.C. 4001, means the geographic area depicted in Attach- rights secured to it under the Settlement Agree- et seq.) (hereinafter, ‘‘Trust Fund Reform Act’’), ment 4 of the Settlement Agreement. ment and Partial Final Decree, provided that this Act, and the Settlement Agreement. SEC. 4. PUEBLO RIGHTS. such marketing is in accordance with this sec- (c) INVESTMENT OF THE FUND.—Upon the En- tion. (a) IN GENERAL.—Those rights to which the forcement Date, the Secretary shall invest Pueblo is entitled under the Partial Final De- (b) PUEBLO CONTRACT RIGHTS TO SAN JUAN- amounts in the Fund in accordance with— CHAMA PROJECT WATER.—Subject to the ap- cree shall be held in trust by the United States (1) the Act of April 1, 1880 (21 Stat. 70, ch. 41, proval of the Secretary in accordance with sub- on behalf of the Pueblo and shall not be subject 25 U.S.C. 161); section (e), the Pueblo may subcontract water to forfeiture, abandonment, or permanent alien- (2) the first section of the Act of June 24, 1938 made available to the Pueblo under the contract ation. (52 Stat. 1037, ch. 648, 25 U.S.C. 162a); and authorized under section 9(b)(1)(A) to third par- (b) SUBSEQUENT ACT OF CONGRESS.—The (3) the American Indian Trust Fund Manage- Pueblo shall not be denied all or any part of its ment Reform Act of 1994 (25 U.S.C. 4001 et seq.). ties to supply water for use within or without rights held in trust absent its consent unless (d) AVAILABILITY OF AMOUNTS FROM THE the Taos Valley, provided that the delivery obli- such rights are explicitly abrogated by an Act of FUND.—Upon the Enforcement Date, all monies gations under such subcontract are not incon- Congress hereafter enacted. deposited in the Fund pursuant to section sistent with the Secretary’s existing San Juan- 10(c)(2) or made available from other authorized Chama Project obligations and such subcontract SEC. 5. PUEBLO WATER INFRASTRUCTURE AND is in accordance with this section. WATERSHED ENHANCEMENT. sources shall be available to the Pueblo for ex- (c) LIMITATION.— (a) IN GENERAL.—The Secretary, acting penditure or withdrawal after the requirements of subsection (e) have been met. (1) IN GENERAL.—Diversion or use of water off through the Commissioner of Reclamation, shall Pueblo lands pursuant to Pueblo water rights or provide grants and technical assistance to the (e) EXPENDITURES AND WITHDRAWAL.— (1) TRIBAL MANAGEMENT PLAN.— Pueblo contract rights to San Juan-Chama Pueblo on a nonreimbursable basis to— (A) IN GENERAL.—The Pueblo may withdraw Project water shall be subject to and not incon- (1) plan, permit, design, engineer, construct, all or part of the Fund on approval by the Sec- sistent with the same requirements and condi- reconstruct, replace, or rehabilitate water pro- retary of a tribal management plan as described tions of State law, any applicable Federal law, duction, treatment, and delivery infrastructure; in the Trust Fund Reform Act. and any applicable interstate compact as apply (2) restore, preserve, and protect the environ- (B) REQUIREMENTS.—In addition to the re- to the exercise of water rights or contract rights ment associated with the Buffalo Pasture area; quirements under the Trust Fund Reform Act, to San Juan-Chama Project water held by non- and the tribal management plan shall require that Federal, non-Indian entities, including all ap- (3) protect and enhance watershed conditions. the Pueblo spend any funds in accordance with plicable State Engineer permitting and reporting (b) AVAILABILITY OF GRANTS.—Upon the En- the purposes described in subsection (a). requirements. forcement Date, all amounts appropriated pur- (2) ENFORCEMENT.—The Secretary may take (2) EFFECT ON WATER RIGHTS.—Such diversion suant to section 10(c)(1) or made available from judicial or administrative action to enforce the or use off Pueblo lands under paragraph (1) other authorized sources, shall be available in requirement that monies withdrawn from the shall not impair water rights or increase surface grants to the Pueblo after the requirements of Fund are used for the purposes specified in sub- water depletions within the Taos Valley. subsection (c) have been met. section (a). (d) MAXIMUM TERM.— (c) PLAN.—The Secretary shall provide finan- (3) LIABILITY.—If the Pueblo exercises the (1) IN GENERAL.—The maximum term of any cial assistance pursuant to subsection (a) upon right to withdraw monies from the Fund, nei- water use lease or subcontract, including all re- the Pueblo’s submittal of a plan that identifies ther the Secretary nor the Secretary of the newals, shall not exceed 99 years in duration. the projects to be implemented consistent with Treasury shall retain any liability for the ex- (2) ALIENATION OF RIGHTS.—The Pueblo shall the purposes of this section and describes how penditure or investment of the monies with- not permanently alienate any rights it has such projects are consistent with the Settlement drawn. under the Settlement Agreement, the Partial Agreement. (4) EXPENDITURE PLAN.— Final Decree, and this Act. (d) EARLY FUNDS.—Notwithstanding sub- (A) IN GENERAL.—The Pueblo shall submit to (e) APPROVAL OF SECRETARY.—The Secretary section (b), $10,000,000 of the monies authorized the Secretary for approval an expenditure plan shall approve or disapprove any lease or sub- to be appropriated pursuant to section 10(c)(1)— for any portions of the funds made available contract submitted by the Pueblo for approval (1) shall be made available in grants to the under this Act that the Pueblo does not with- not later than— Pueblo by the Secretary upon appropriation or draw under paragraph (1)(A). (1) 180 days after submission; or availability of the funds from other authorized (B) DESCRIPTION.—The expenditure plan shall (2) 60 days after compliance, if required, with sources; and describe the manner in which, and the purposes section 102(2)(C) of the National Environmental

VerDate Nov 24 2008 01:20 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 4634 Sfmt 6333 E:\CR\FM\A21JA7.013 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE H274 CONGRESSIONAL RECORD — HOUSE January 21, 2010 Policy Act of 1969 (42 U.S.C. 4332(2)(C)), or any under paragraph (1) and no preference shall be ments and to take such measures as the Sec- other requirement of Federal law, whichever is applied as a result of section 4(a) with regard to retary may deem necessary or appropriate to later, provided that no Secretarial approval the delivery or distribution of San Juan-Chama fulfill the intent of the Settlement Agreement shall be required for any water use lease with a Project water or the management or operation of and this Act. term of less than 7 years. the San Juan-Chama Project. (e) ENVIRONMENTAL COMPLIANCE.— (f) NO FORFEITURE OR ABANDONMENT.—The (c) WAIVER.—With respect to the contract au- (1) EFFECT OF EXECUTION OF SETTLEMENT nonuse by a lessee or subcontractor of the Pueb- thorized and required by subsection (b)(1)(A) AGREEMENT.—The Secretary’s execution of the lo of any right to which the Pueblo is entitled and notwithstanding the provisions of Public Settlement Agreement shall not constitute a under the Partial Final Decree shall in no event Law 87–483 (76 Stat. 96) or any other provision major Federal action under the National Envi- result in a forfeiture, abandonment, relinquish- of law— ronmental Policy Act of 1969 (42 U.S.C. 4321 et ment, or other loss of all or any part of those (1) the Secretary shall waive the entirety of seq.). rights. the Pueblo’s share of the construction costs, (2) COMPLIANCE WITH ENVIRONMENTAL LAWS.— (g) NO PREEMPTION.— both principal and the interest, for the San In carrying out this Act, the Secretary shall (1) IN GENERAL.—The approval authority of Juan-Chama Project and pursuant to that waiv- comply with each law of the Federal Govern- the Secretary provided under subsection (e) er, the Pueblo’s share of all construction costs ment relating to the protection of the environ- shall not amend, construe, supersede, or pre- for the San Juan-Chama Project, inclusive of ment, including— empt any State or Federal law, interstate com- both principal and interest shall be nonreim- (A) the National Environmental Policy Act of pact, or international treaty that pertains to the bursable; and 1969 (42 U.S.C. 4321 et seq.); and Colorado River, the Rio Grande, or any of their (2) the Secretary’s waiver of the Pueblo’s (B) the Endangered Species Act of 1973 (16 tributaries, including the appropriation, use, de- share of the construction costs for the San U.S.C. 1531 et seq.). velopment, storage, regulation, allocation, con- Juan-Chama Project will not result in an in- (f) CONDITIONS PRECEDENT AND SECRETARIAL servation, exportation, or quantity of those wa- crease in the pro rata shares of other San Juan- FINDING.— ters. Chama Project water contractors, but such costs (1) IN GENERAL.—Upon the fulfillment of the (2) APPLICABLE LAW.—The provisions of sec- shall be absorbed by the United States Treasury conditions precedent described in paragraph (2), tion 2116 of the Revised Statutes (25 U.S.C. 177) or otherwise appropriated to the Department of the Secretary shall publish in the Federal Reg- shall not apply to any water made available the Interior. ister a statement of finding that the conditions under the Settlement Agreement. SEC. 10. AUTHORIZATIONS, RATIFICATIONS, CON- have been fulfilled. (h) NO PREJUDICE.—Nothing in this Act shall FIRMATIONS, AND CONDITIONS (2) CONDITIONS.—The conditions precedent re- be construed to establish, address, prejudice, or PRECEDENT. ferred to in paragraph (1) are the following: prevent any party from litigating whether or to (a) RATIFICATION.— (A) The President has signed into law the what extent any applicable State law, Federal (1) IN GENERAL.—Except to the extent that Taos Pueblo Indian Water Rights Settlement law, or interstate compact does or does not per- any provision of the Settlement Agreement con- Act. mit, govern, or apply to the use of the Pueblo’s flicts with any provision of this Act, the Settle- (B) To the extent that the Settlement Agree- water outside of New Mexico. ment Agreement is authorized, ratified, and con- ment conflicts with this Act, the Settlement SEC. 8. MUTUAL-BENEFIT PROJECTS. firmed. Agreement has been revised to conform with this (a) IN GENERAL.—Upon the Enforcement Date, (2) AMENDMENTS.—To the extent amendments Act. the Secretary, acting through the Commissioner are executed to make the Settlement Agreement (C) The Settlement Agreement, so revised, in- of Reclamation, shall provide financial assist- consistent with this Act, such amendments are cluding waivers and releases pursuant to section ance in the form of grants on a nonreimbursable also authorized, ratified, and confirmed. 11, has been executed by the Parties and the basis to Eligible Non-Pueblo Entities to plan, (b) EXECUTION OF SETTLEMENT AGREEMENT.— Secretary prior to the Parties’ motion for entry permit, design, engineer, and construct the Mu- To the extent that the Settlement Agreement of the Partial Final Decree. tual-Benefit Projects in accordance with the does not conflict with this Act, the Secretary (D) Congress has fully appropriated or the Settlement Agreement— shall execute the Settlement Agreement, includ- Secretary has provided from other authorized (1) to minimize adverse impacts on the Pueb- ing all exhibits to the Settlement Agreement re- sources all funds authorized by paragraphs (1) lo’s water resources by moving future non-In- quiring the signature of the Secretary and any through (3) of subsection (c) so that the entire dian ground water pumping away from the amendments necessary to make the Settlement amounts so authorized have been previously Pueblo’s Buffalo Pasture; and Agreement consistent with this Act, after the provided to the Pueblo pursuant to sections 5 (2) to implement the resolution of a dispute Pueblo has executed the Settlement Agreement and 6, or placed in the Taos Pueblo Water De- over the allocation of certain surface water and any such amendments. velopment Fund or the Taos Settlement Fund as flows between the Pueblo and non-Indian irri- (c) AUTHORIZATION OF APPROPRIATIONS.— directed in subsection (c). gation water right owners in the community of (1) TAOS PUEBLO INFRASTRUCTURE AND WATER- (E) The Legislature of the State of New Mex- Arroyo Seco Arriba. SHED FUND.—There is authorized to be appro- ico has fully appropriated the funds for the (b) COST-SHARING.— priated to the Secretary to provide grants pursu- State contributions as specified in the Settle- (1) FEDERAL SHARE.—The Federal share of the ant to section 5, $30,000,000, as adjusted under ment Agreement, and those funds have been de- total cost of planning, designing, and con- paragraph (4), for the period of fiscal years 2010 posited in appropriate accounts. structing the Mutual-Benefit Projects author- through 2016. (F) The State of New Mexico has enacted leg- ized in subsection (a) shall be 75 percent and (2) TAOS PUEBLO WATER DEVELOPMENT islation that amends NMSA 1978, section 72–6–3 shall be nonreimbursable. FUND.—There is authorized to be appropriated to state that a water use due under a water (2) NON-FEDERAL SHARE.—The non-Federal to the Taos Pueblo Water Development Fund, right secured to the Pueblo under the Settlement share of the total cost of planning, designing, established at section 6(a), $58,000,000, as ad- Agreement or the Partial Final Decree may be and constructing the Mutual-Benefit Projects justed under paragraph (4), for the period of fis- leased for a term, including all renewals, not to shall be 25 percent and may be in the form of in- cal years 2010 through 2016. exceed 99 years, provided that this condition kind contributions, including the contribution (3) MUTUAL-BENEFIT PROJECTS FUNDING.— shall not be construed to require that said of any valuable asset or service that the Sec- There is further authorized to be appropriated amendment state that any State law based retary determines would substantially con- to the Secretary to provide grants pursuant to water rights acquired by the Pueblo or by the tribute to completing the Mutual-Benefit section 8, a total of $33,000,000, as adjusted United States on behalf of the Pueblo may be Projects. under paragraph (4), for the period of fiscal leased for said term. SEC. 9. SAN JUAN-CHAMA PROJECT CONTRACTS. years 2010 through 2016. (G) A Partial Final Decree that sets forth the (a) IN GENERAL.—Contracts issued under this (4) ADJUSTMENTS TO AMOUNTS AUTHORIZED.— water rights and contract rights to water to section shall be in accordance with this Act and The amounts authorized to be appropriated which the Pueblo is entitled under the Settle- the Settlement Agreement. under paragraphs (1) through (3) shall be ad- ment Agreement and this Act and that substan- (b) CONTRACTS FOR SAN JUAN-CHAMA PROJECT justed by such amounts as may be required by tially conforms to the Settlement Agreement and WATER.— reason of changes since April 1, 2007, in con- Attachment 5 thereto has been approved by the (1) IN GENERAL.—The Secretary shall enter struction costs, as indicated by engineering cost Court and has become final and nonappealable. into 3 repayment contracts by not later than 180 indices applicable to the types of construction or (g) ENFORCEMENT DATE.—The Settlement days after the date of enactment of this Act, for rehabilitation involved. Agreement shall become enforceable, and the the delivery of San Juan-Chama Project water (5) DEPOSIT IN FUND.—Except for the funds to waivers and releases executed pursuant to sec- in the following amounts: be provided to the Pueblo pursuant to section tion 11 and the limited waiver of sovereign im- (A) 2,215 acre-feet/annum to the Pueblo. 5(d), the Secretary shall deposit the funds made munity set forth in section 12(a) shall become ef- (B) 366 acre-feet/annum to the Town of Taos. available pursuant to paragraphs (1) and (3) fective, as of the date that the Secretary pub- (C) 40 acre-feet/annum to EPWSD. into a Taos Settlement Fund to be established lishes the notice required by subsection (f)(1). (2) REQUIREMENTS.—Each such contract shall within the Treasury of the United States so that (h) EXPIRATION DATE.— provide that if the conditions precedent set forth such funds may be made available to the Pueblo (1) IN GENERAL.—If all of the conditions prece- in section 10(f)(2) have not been fulfilled by De- and the Eligible Non-Pueblo Entities upon the dent described in section (f)(2) have not been cember 31, 2016, the contract shall expire on that Enforcement Date as set forth in sections 5(b) fulfilled by December 31, 2016, the Settlement date. and 8(a). Agreement shall be null and void, the waivers (3) APPLICABLE LAW.—Public Law 87–483 (76 (d) AUTHORITY OF THE SECRETARY.—The Sec- and releases executed pursuant to section 11 Stat. 97) applies to the contracts entered into retary is authorized to enter into such agree- and the sovereign immunity waivers in section

VerDate Nov 24 2008 01:20 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4634 Sfmt 6333 E:\CR\FM\A21JA7.013 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE January 21, 2010 CONGRESSIONAL RECORD — HOUSE H275 12(a) shall not become effective, and any unex- ited to in New Mexico v. Abeyta and New Mex- (7) all rights, remedies, privileges, immunities, pended Federal funds, together with any income ico v. Arellano, Civil Nos. 7896–BB (U.S.6 powers, and claims not specifically waived and earned thereon, and title to any property ac- D.N.M.) and 7939–BB (U.S. D.N.M.) (consoli- released pursuant to this Act and the Settlement quired or constructed with expended Federal dated); Agreement. funds, shall be returned to the Federal Govern- (2) all claims against the United States, its (d) EFFECT OF SECTION.—Nothing in the Set- ment, unless otherwise agreed to by the Parties agencies, or employees relating to damages, tlement Agreement or this Act— in writing and approved by Congress. losses, or injuries to water, water rights, land, (1) affects the ability of the United States act- (2) EXCEPTION.—Notwithstanding subsection or natural resources due to loss of water or ing in its sovereign capacity to take actions au- (h)(1) or any other provision of law, any unex- water rights (including but not limited to dam- thorized by law, including but not limited to pended Federal funds, together with any income ages, losses or injuries to hunting, fishing, gath- any laws relating to health, safety, or the envi- earned thereon, made available under sections ering, or cultural rights due to loss of water or ronment, including but not limited to the Fed- 5(d) and 6(f) and title to any property acquired water rights, claims relating to interference eral Water Pollution Control Act (33 U.S.C. 1251 or constructed with expended Federal funds with, diversion or taking of water or water et seq.), the Safe Drinking Water Act (42 U.S.C. made available under sections 5(d) and 6(f) shall rights, or claims relating to failure to protect, 300f et seq.), the Comprehensive Environmental be retained by the Pueblo. acquire, replace, or develop water, water rights Response, Compensation, and Liability Act of (3) RIGHT TO SET-OFF.—In the event the con- or water infrastructure) in the Rio Grande 1980 (42 U.S.C. 9601 et seq.), the Solid Waste Dis- ditions precedent set forth in subsection (f)(2) mainstream or its tributaries or within the Taos posal Act (42 U.S.C. 6901 et seq.), and the regu- have not been fulfilled by December 31, 2016, the Valley that first accrued at any time up to and lations implementing such Acts; United States shall be entitled to set off any including the Enforcement Date; (2) affects the ability of the United States to funds expended or withdrawn from the amount (3) all claims against the United States, its take actions acting in its capacity as trustee for appropriated pursuant to paragraphs (1) and (2) agencies, or employees for an accounting of any other Indian tribe or allottee; of subsection (c) or made available from other funds appropriated by the Act of March 4, 1929 (3) confers jurisdiction on any State court to— (45 Stat. 1562), the Act of March 4, 1931 (46 Stat. authorized sources, together with any interest (A) interpret Federal law regarding health, 1552), the Act of June 22, 1936 (49 Stat. 1757), the accrued, against any claims asserted by the safety, or the environment or determine the du- Act of August 9, 1937 (50 Stat. 564), and the Act Pueblo against the United States relating to ties of the United States or other parties pursu- of May 9, 1938 (52 Stat. 291), as authorized by water rights in the Taos Valley. ant to such Federal law; or the Pueblo Lands Act of June 7, 1924 (43 Stat. SEC. 11. WAIVERS AND RELEASES. (B) conduct judicial review of Federal agency 636), and the Pueblo Lands Act of May 31, 1933 action; or (a) CLAIMS BY THE PUEBLO AND THE UNITED (48 Stat. 108), and for breach of trust relating to (4) waives any claim of a member of the Pueb- STATES.—In return for recognition of the Pueb- funds for water replacement appropriated by lo in an individual capacity that does not derive lo’s water rights and other benefits, including said Acts that first accrued before the date of from a right of the Pueblo. but not limited to the commitments by non- enactment of this Act; (e) TOLLING OF CLAIMS.— Pueblo parties, as set forth in the Settlement (4) all claims against the United States, its (1) IN GENERAL.—Each applicable period of Agreement and this Act, the Pueblo, on behalf agencies, or employees relating to the pending limitation and time-based equitable defense re- of itself and its members, and the United States litigation of claims relating to the Pueblo’s lating to a claim described in this section shall acting in its capacity as trustee for the Pueblo water rights in New Mexico v. Abeyta and New be tolled for the period beginning on the date of are authorized to execute a waiver and release Mexico v. Arellano, Civil Nos. 7896–BB (U.S.6 enactment of this Act and ending on the earlier of claims against the parties to New Mexico v. D.N.M.) and 7939–BB (U.S. D.N.M.) (consoli- of— Abeyta and New Mexico v. Arellano, Civil Nos. dated); and (A) December 31, 2016; or 7896–BB (U.S.6 D.N.M.) and 7939–BB (U.S. (5) all claims against the United States, its (B) the Enforcement Date. agencies, or employees relating to the negotia- D.N.M.) (consolidated) from— (2) EFFECT OF SUBSECTION.—Nothing in this (1) all claims for water rights in the Taos Val- tion, Execution or the adoption of the Settle- subsection revives any claim or tolls any period ley that the Pueblo, or the United States acting ment Agreement, exhibits thereto, the Final De- of limitation or time-based equitable defense in its capacity as trustee for the Pueblo, as- cree, or this Act. that expired before the date of enactment of this (c) RESERVATION OF RIGHTS AND RETENTION serted, or could have asserted, in any pro- Act. OF CLAIMS.—Notwithstanding the waivers and ceeding, including but not limited to in New (3) LIMITATION.—Nothing in this subsection releases authorized in this Act, the Pueblo on Mexico v. Abeyta and New Mexico v. Arellano, precludes the tolling of any period of limitations behalf of itself and its members and the United Civil Nos. 7896–BB (U.S.6 D.N.M.) and 7939–BB or any time-based equitable defense under any (U.S. D.N.M.) (consolidated), up to and includ- States acting in its capacity as trustee for the Pueblo retain— other applicable law. ing the Enforcement Date, except to the extent SEC. 12. INTERPRETATION AND ENFORCEMENT. that such rights are recognized in the Settlement (1) all claims for enforcement of the Settlement (a) LIMITED WAIVER OF SOVEREIGN IMMU- Agreement or this Act; Agreement, the Final Decree, including the Par- NITY.—Upon and after the Enforcement Date, if (2) all claims for water rights, whether for tial Final Decree, the San Juan-Chama Project contract between the Pueblo and the United any Party to the Settlement Agreement brings consumptive or nonconsumptive use, in the Rio States, or this Act; an action in any court of competent jurisdiction Grande mainstream or its tributaries that the (2) all claims against persons other than the over the subject matter relating only and di- Pueblo, or the United States acting in its capac- Parties to the Settlement Agreement for dam- rectly to the interpretation or enforcement of the ity as trustee for the Pueblo, asserted or could ages, losses or injuries to water rights or claims Settlement Agreement or this Act, and names the assert in any water rights adjudication pro- of interference with, diversion or taking of United States or the Pueblo as a party, then the ceedings except those claims based on Pueblo or water rights (including but not limited to claims United States, the Pueblo, or both may be added United States ownership of lands or water rights for injury to lands resulting from such damages, as a party to any such action, and any claim by acquired after the Enforcement Date, provided losses, injuries, interference with, diversion, or the United States or the Pueblo to sovereign im- that nothing in this paragraph shall prevent the taking of water rights) within the Taos Valley munity from the action is waived, but only for Pueblo or the United States from fully partici- arising out of activities occurring outside the the limited and sole purpose of such interpreta- pating in the inter se phase of any such water Taos Valley or the Taos Valley Stream System; tion or enforcement, and no waiver of sovereign rights adjudication proceedings; (3) all rights to use and protect water rights immunity is made for any action against the (3) all claims for damages, losses or injuries to acquired after the date of enactment of this Act; United States or the Pueblo that seeks money water rights or claims of interference with, di- (4) all rights to use and protect water rights damages. version or taking of water (including but not acquired pursuant to State law, to the extent (b) SUBJECT MATTER JURISDICTION NOT AF- limited to claims for injury to lands resulting not inconsistent with the Partial Final Decree FECTED.—Nothing in this Act shall be deemed as from such damages, losses, injuries, interference and the Settlement Agreement (including water conferring, restricting, enlarging, or determining with, diversion, or taking) in the Rio Grande rights for the land the Pueblo owns in Questa, the subject matter jurisdiction of any court, in- mainstream or its tributaries or for lands within New Mexico); cluding the jurisdiction of the court that enters the Taos Valley that accrued at any time up to (5) all claims relating to activities affecting the Partial Final Decree adjudicating the Pueb- and including the Enforcement Date; and the quality of water including but not limited to lo’s water rights. (4) all claims against the State of New Mexico, any claims the Pueblo might have under the (c) REGULATORY AUTHORITY NOT AFFECTED.— its agencies, or employees relating to the nego- Comprehensive Environmental Response, Com- Nothing in this Act shall be deemed to determine tiation or the adoption of the Settlement Agree- pensation, and Liability Act of 1980 (42 U.S.C. or limit any authority of the State or the Pueblo ment. 9601 et seq.) (including but not limited to claims to regulate or administer waters or water rights (b) CLAIMS BY THE PUEBLO AGAINST THE for damages to natural resources), the Safe now or in the future. UNITED STATES.—The Pueblo, on behalf of itself Drinking Water Act (42 U.S.C. 300f et seq.), the SEC. 13. DISCLAIMER. and its members, is authorized to execute a Federal Water Pollution Control Act (33 U.S.C. Nothing in the Settlement Agreement or this waiver and release of— 1251 et seq.), and the regulations implementing Act shall be construed in any way to quantify (1) all claims against the United States, its those Acts; or otherwise adversely affect the land and water agencies, or employees relating to claims for (6) all claims relating to damages, losses, or rights, claims, or entitlements to water of any water rights in or water of the Taos Valley that injuries to land or natural resources not due to other Indian tribe. the United States acting in its capacity as trust- loss of water or water rights (including but not ee for the Pueblo asserted, or could have as- limited to hunting, fishing, gathering, or cul- The SPEAKER pro tempore. After 1 serted, in any proceeding, including but not lim- tural rights); and hour of debate on the bill, as amended,

VerDate Nov 24 2008 01:20 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\A21JA7.013 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE H276 CONGRESSIONAL RECORD — HOUSE January 21, 2010 it shall be in order to consider the May of 2006 by the Pueblo of Taos, the States. Let us today end this long fight amendment printed in part A of House State of New Mexico, 55 community and provide certainty to all the water Report 111–399 if offered by the gen- ditch associations, the town of Taos, El users in the Taos Valley. tleman from California (Mr. MCCLIN- Prado Water and Sanitation District, I reserve the balance of my time. TOCK) or his designee, which shall be and the 12 Taos-area Mutual Domestic Mr. HASTINGS of Washington. Mr. considered read, and shall be debatable Water Consumer Associations. Collec- Speaker, I yield myself such time as I for 10 minutes equally divided and con- tively, the parties to the agreement may consume. trolled by the proponent and an oppo- represent the majority of water users Mr. Speaker, I rise today to reluc- nent. in the Taos Valley. tantly oppose this and the two other The gentleman from West Virginia Let me emphasize that point. This claimed settlement bills that are being (Mr. RAHALL) and the gentleman from settlement provides water certainty to considered on the House floor today. As a Member from the western part Washington (Mr. HASTINGS) each will both tribal and non-tribal commu- control 30 minutes. nities. of the United States, I am well aware The Chair recognizes the gentleman Under this settlement agreement, of how important these settlements from West Virginia. funds would be authorized for the Taos can be to tribal and non-tribal commu- nities. In general, Indian water rights GENERAL LEAVE Settlement Fund, the Taos Infrastruc- settlements are instruments to reduce Mr. RAHALL. Mr. Speaker, I ask ture and Watershed Fund, and for var- litigation and bring water supply cer- unanimous consent that all Members ious projects that are mutually bene- ficial to the pueblo and non-pueblo par- tainty to communities in the western may have 5 legislative days in which to part of the United States. When done revise and extend their remarks and in- ties. I would note that the Taos Pueblo right, they provide not only certainty sert extraneous material on H.R. 3254. to all parties, but they also benefit the The SPEAKER pro tempore. Is there has settled for a water right that is far less than what the claims asserted in American taxpayer, who could end up objection to the request of the gen- paying much more if the litigation tleman from West Virginia? litigation by the United States and the pueblo. This potential value is much went forward. There was no objection. It is indeed Congress’ statutory role more than the amount that is author- Mr. RAHALL. Mr. Speaker, I yield to consider and approve these settle- ized to be appropriated in H.R. 3254, a myself such time as I may consume. ments when these settlements are com- clear financial benefit to all taxpayers. Today, the Committee on Natural plete. The Congress should have all the Yet we will hear from some on the Resources is bringing before this body information it needs to conduct a prop- other side of the aisle that they are for consideration three bills which er review and pass judgment on the just not sure whether or not this set- would provide for the settlement of the merits of approving these settlements. tlement agreement is a good deal. They legitimate water claims of several In- Yet we do not have all such informa- just do not know, they will say. dian tribes. tion on these three bills today. The Well, all the parties which finally Many Americans rarely give a most critical missing element is a came together to settle 40 years of liti- thought to having clean, potable water clear, direct answer from the Depart- gation, I remind you, believe that this in their homes. We turn on the taps in ment of Justice, through the Attorney is a good settlement. The gentleman our kitchens, and we take it for grant- General, on whether these settlements from New Mexico who represents these ed that water will flow forth. But that, represent a fair resolution to the tax- people in this body believes it is a good unfortunately, is not the case in all payer. places. deal. The gentlewoman from Cali- As I mentioned during committee There is no scarcity of water in my fornia, GRACE NAPOLITANO, who held consideration of these bills, it is appro- home State of West Virginia. We are hearings on this bill and worked with priate that these agreements are large- rich in water. It flows freely. all the concerned parties, believes it is ly worked out by the people at the Yet, today we continue to work to a good settlement. And the Committee local level, but taxpayers from across ensure that all of our citizens have ac- on Natural Resources, which approved the country have to pay for such agree- cess to clean, potable water, as well as a pending measure, thought it was a ments. to be served by sanitary wastewater good enough settlement to send to the So, Mr. Speaker, in that context, systems; and I have and will continue full House. while I applaud the idea that local to fight this fight every day of my ten- Let me be clear: Both the Depart- groups are working it out in their best ure in this body. So it is with under- ments of the Interior and Justice were interests, which I think is a positive standing and with compassion that I involved in this settlement agreement. statement, these do have to be paid for bring these three measures to the floor Rather than engage in protracted liti- by the American taxpayers. So we today. gation, both Republican and Democrat must be able to answer this question: The pending measure, and I give him administrations for over the last 20 Is this the best deal that can be full credit for his leadership and bring- years believe that negotiated Indian reached and is it in the interest of the ing it to our attention, sponsored by water rights settlements are the pre- parties to the settlement, as well as to the gentleman from New Mexico, BEN ferred course of action. the taxpayers of this country? RAY LUJA´ N, would adjudicate the water In testimony before the Water and The three bills that the House will rights of the Pueblo of Taos and end 40 Power Subcommittee, the Commis- consider today total over $500 million years of active litigation by ratifying a sioner of the Bureau of Reclamation in potential Federal expenditure. Be- settlement agreement. stated: ‘‘Settlements improve water fore Congress spends over one-half bil- Forty years, my colleagues, 40 years management by providing certainty lion dollars, we certainly should know of litigation: that is what the pending not just as to the quantification of a whether the taxpayers are getting fair legislation would end. And I cannot tribe’s water rights but also as to the treatment. commend enough Mr. LUJA´ N and Mr. rights of all water users.’’ HEINRICH, the other gentleman from He added further: ‘‘Indian water b 1045 New Mexico and member of our Com- rights settlements are consistent with The American people are highly con- mittee on Natural Resources, for their the Federal trust responsibility to Na- cerned about the spending that’s gone efforts in this matter. tive Americans and with a policy of on in this Congress. Whether it’s the Similarly, I commend the chair- promoting Indian self-determination stimulus spending that has failed to woman on the Subcommittee on Water and economic self-sufficiency.’’ create the promised jobs or the govern- and Power, the gentlewoman from Cali- We do indeed have a trust responsi- ment takeover of health care with a fornia, GRACE NAPOLITANO, for the bility to Indian country, and fulfilling price tag of well over a trillion dollars, hearings and all of her hard work on that responsibility is at the heart of the spending in this Congress is out of the measures that we are considering what we are doing today. The Taos control. Congress needs to get serious today. Pueblo has had to fight for its water about the record debt being run up dur- This legislation implements a settle- rights against Spanish settlers, with ing President Obama’s first year in of- ment agreement that was signed in Mexico, and then as part of the United fice. This means not only stopping the

VerDate Nov 24 2008 01:20 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K21JA7.010 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE January 21, 2010 CONGRESSIONAL RECORD — HOUSE H277 megaspending bills, but also taking a settlements are the fulfillment of a sources of the people of the Third Con- hard look at the smaller bills, such as promise made by the United States. gressional District. the $500 million bills that are rep- Let me repeat that, Mr. Speaker. These Mr. HASTINGS of Washington. Mr. resented under these three bills. We settlements are the fulfillment of a Speaker, I am pleased to yield such need the Attorney General to provide promise made by the United States to time as he may consume to the gen- us with a clear, direct answer. its people, tribal and nontribal alike, tleman from California (Mr. MCCLIN- The ranking Republican of the Water that their water needs would be met. TOCK). and Power Subcommittee, Mr. MCCLIN- The preservation of the ancient culture Mr. MCCLINTOCK. I thank the gen- TOCK of California, has been working to of the Taos Pueblo as well as the future tleman for yielding. elicit such answers. Months ago, in of the modern Taos community depend As has been pointed out, this and the upon the passage of this legislation. September and October of last year, he two bills that follow ratify out-of-court Let me give you a little history wrote to the Attorney General asking settlements that arise from decades- direct questions. No response was re- about this settlement and why it’s so important to pass this legislation old litigation filed by various Indian ceived until 2 days ago, just as these tribes against the United States Gov- bills were headed to the floor of this today. The legal proceedings that led to the Taos Pueblo Indian Water ernment. They apportion water rights, House for a vote. Regrettably, this bill among the three of them, to over does not provide the direct answer to Rights Settlement, also known by my constituents as the Abeyta settlement, 110,000 acre feet of water, and they the questions asked. They finally re- draw more than half a billion dollars plied at the 11th hour with ambiguity began in 1969 by the New Mexico State Engineer. The State Engineer’s office from the taxpayers of the United and generalities, but not with a clear States, mainly for the development of answer that this Congress and the in New Mexico is charged with the dis- tribution and management of water re- those water resources. American taxpayers deserve. From the outset, I believe that the So, Mr. Speaker, let me repeat again, sources in our State. The litigation controlling issue in approving any of while I support the concept of the set- continued until 1989, when the negotia- these claims is simply this: Is it cheap- tlement bills because, by definition, tions of the Abeyta settlement began. er to settle out of court or to go to these are people, local people on the It has taken until today for these nego- trial? To answer that question, we ground making decisions in their best tiations to reach a point where it could must turn to the Attorney General. interest, and the possibility that these be possible to enact this settlement into law to resolve the water allocation The Attorney General is presumably three bills merit passage by the House, between tribal and nontribal commu- involved in these negotiations. He com- without a clear answer, as I talked nity members in the Taos area. mands the legal expertise to judge the about earlier, from the Department of This legislation will bring to a close soundness or weakness of the govern- Justice on whether taxpayers are get- decades of litigation and uncertainty ment’s case, and he is the official of ting a fair deal, I cannot support this with regard to water resources for the our government directly responsible legislation. So, therefore, I urge my people of my district. The passage of for representing the people of the colleagues to oppose all three of these this legislation will bring security to United States in this litigation. Yet, bills. water users in Taos by making water With that, Mr. Speaker, I reserve the when these bills were brought to us available for future generations and en- last fall, the Attorney General’s office balance of my time. sure that this valuable resource is pro- Mr. RAHALL. Mr. Speaker, I yield was completely silent on that question. tected. H.R. 3254 quantifies and pro- such time as he may consume to the In fact, the administration expressed tects Taos Pueblo’s water and provides lead sponsor of this bill, whom I ref- many reservations about the technical further security for water users of the erenced in my opening remarks, the aspects of these bills, which leads me town of Taos and many other non-In- gentleman from New Mexico (Mr. to believe that these are not settle- ´ dian water users, including existing in- ments negotiated by the Attorney Gen- LUJAN). dividual domestic wells. They are all Mr. LUJA´ N. I rise today in support of eral with the tribes and then presented provided safeguards for their use of H.R. 3254, the Taos Pueblo Water to Congress, but rather they’re settle- water under this agreement. ments written by Congress itself, Rights Settlement Act. Before I begin, The work that has been done between I would like to thank Chairman RA- which Congress is neither designed nor all the settlement parties and the Fed- is competent to do. HALL and Chairwoman NAPOLITANO for eral Government is truly a testament Most importantly, we were abso- the stewardship of all three settlement to the necessity of passing this legisla- lutely unable to get a straight answer bills we are considering on the House tion and the willingness of people to to the most important question at floor today, which are such an impor- come together to protect the water re- issue, and that is: Do these settlements tant part in meeting the water needs of sources that are so valuable to this exceed the likely liability of the gov- the people in my district. community. Without this settlement, ernment if these claims went to trial? Mr. Speaker, it’s taken nearly three the future water availability for the If we were a corporate board of direc- decades of work by so many New Mexi- people of Taos and Taos Pueblo will be tors making a decision on an out-of- cans for me to be able to stand here uncertain and possibly disastrous. today and address this body about the Mr. Speaker, as we come today and court settlement and we agreed to that critical issue of water management and we hear some of the concerns about settlement without consulting with water security in my State. I’d like to moving this legislation forward, the our legal counsel, we’d be guilty of thank all the tribal leaders and com- uncertainty that will exist with Fed- breaching our fiduciary responsibility munity members who have repeatedly eral litigation and the possible costs to our stockholders. How can we do any traveled from Taos to Washington, and problems that could be passed on less as the Congress of the United across New Mexico, to work on this to taxpayers is something that this States? legislation throughout the years. Gen- litigation will not only add to, but that I’m new around here, but I spent 22 eration after generation, Mr. Speaker, this settlement will help resolve. I cer- years in the California Legislature, people have been coming together to tainly hope that my colleagues from many of them on the relevant commit- try to find resolution to benefit the both sides of the aisle, that Members of tees that heard settlement bills. The community, to save taxpayers money, this Chamber truly see the importance central testimony in all of these settle- to prevent costly litigation from mov- of us working together and making ments was from the attorney general’s ing forward through the Federal court sure that we support people coming to- office as the State’s legal counsel. system. gether to prevent costly and expensive They’d appear before us and they’d tes- As we consider these water settle- litigation from moving forward, to do tify that in their professional legal ments today, we should remember that what is right, especially when it comes judgment the settlements were justi- behind this legislative language, the to the basic necessity and the valuable fied under current law and that the procedural necessities, and the com- resource of water. State’s liability and legal costs would mittee reports, these bills are about I urge you to support this bill, and I likely exceed the settlement if the the basic human need and water. These ask that we help protect the water re- matter went to trial.

VerDate Nov 24 2008 01:20 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K21JA7.012 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE H278 CONGRESSIONAL RECORD — HOUSE January 21, 2010 I’m told that’s the way it used to the dark and without an informed legal Mr. HEINRICH. I thank the chairman work around here. The Attorney Gen- opinion from our Attorney General at for yielding. eral would negotiate the best possible the outset. These matters should not Mr. Speaker, the Taos Pueblo Indian settlement on behalf of the United have to wait until the eve of a congres- Water Rights Settlement Act is criti- States and then submit that settle- sional vote. cally important to the Taos Pueblo and ment to Congress. Congress would then Mr. Speaker, since the administra- all of northern New Mexico. I want to approve or reject it. Now it seems to be tion has responded to the question thank my colleague BEN RAY LUJA´ N for working in precisely the opposite man- raised by the amendments that I’m his leadership on this important issue. ner. Congress now does the negotiating prepared to offer, I’m not going to in- I also want to thank Chairman RAHALL and then presents the bill to the Attor- troduce them to these bills today. But and Chairwoman NAPOLITANO for their ney General. Mr. Speaker, that is not it is hard to square their assurances of support of this bill during the com- going to end well. this week with the Department of the mittee process. I wrote to the Attorney General’s of- Interior’s letter to the subcommittee This bill is the result of many, many fice in September and again in October chairman of November 10 with respect long years of negotiation among the asking for their legal assessment of the to the White Mountain Apache settle- parties to find a fair and equitable res- cases involved. This is hardly unprece- ment, that says: ‘‘Given the benefits olution to this conflict. Like the other dented. For example, in 1994, the De- being obtained by the tribe under this longstanding water rights cases, this partment of Justice testified before settlement, the administration would case has been in Federal court for 40 Congress on a similar water settlement consider the approximately $109 mil- years. More than a decade ago, commu- in the Colville case. There, Peter lion of additional funding for a devel- nity leaders realized that litigation Steenland, a Clinton Justice Depart- opment fund authorized under this bill would not solve this problem but nego- ment official, testified, ‘‘The Federal to be excessive if it were viewed as set- tiation might. I want to commend the Government is not that well postured tlement consideration.’’ hard work and cooperation of all the for a victory on this claim which has I’d also point to concerns raised by stakeholders. This outcome dem- been pending for over 40 years. Absent the administration—again, this is onstrates a real compromise by all the the settlement, we could well litigate unique to the White Mountain Apache parties involved. Taos Pueblo is the only living Native it for another 10 years and the outcome settlement upcoming in the same let- American community registered as a could easily be a significant cost to the ter—objecting to language ‘‘which National Historic Landmark, and it taxpayers and the public.’’ Well, if the waives the sovereign immunity of the has been continuously inhabited for Clinton administration could give Con- United States.’’ They warn, ‘‘This pro- over 1,000 years. Under New Mexico gress a straight answer on an Indian vision will engender additional litiga- State law, that long history gives Taos water settlement bill, then I felt there tion—and likely in competing State Pueblo senior water rights and rein- was no reason why the current one and Federal forums—rather than re- forces our duty to help protect their shouldn’t also be straight with the solving the water rights disputes un- Congress. water resources while providing cer- derlying adjudication.’’ tainty to both Indian and non-Indian There’s a simple word for this. It’s Obviously, this administration has a water users in the Taos Valley. This called ‘‘transparency.’’ We’ve been as- lot of work to do before future water settlement also protects one of the sured that’s a guiding principle of this settlements are considered. I believe administration. We truly need some pueblo’s most sacred sites, the buffalo Congress needs to demand that the ad- pasture. The pueblo has agreed to give transparency in these cases if we’re to ministration be candid and forth- do our job competently and to do jus- up some of its water rights in exchange coming in all future water settlements for protecting the groundwater that tice to both sides in these claims, yet and that Congress insist that before it the administration remained com- feeds the buffalo pasture. begins deliberating on a settlement, A settlement agreement was signed pletely untransparent on this issue. that the Attorney General has con- in May of 2006 by Taos Pueblo, the That’s why I submitted a simple ducted and completed the negotiations, State of New Mexico, and many af- amendment to all three bills. The has determined all of the details, has fected non-Indian water users and amendment would require that before certified that the settlement is within acequia associations in the Taos Val- the settlements take effect, the De- the legal liability of the government, ley. But this settlement still needs partment of Justice has to certify that and only then submit that settlement ratification and approval by the United settling out of court would be pref- for consideration and approval by the States Government, and that’s what erable to going to court. Congress. this bill will do. This settlement will I’d like to thank the members of the bring much-needed certainty to the Rules Committee who granted the rule b 1100 Taos Valley and New Mexico water We need to make this happen in com- allowing these amendments to be pre- users. sented today. But as the gentleman mittee, not the night before a bill is As anyone from a Western State from Washington has said, a funny sent to the House floor. And I believe knows, water is the lifeblood of our thing happened after the Rules Com- that a growing number of us will have communities. Whether you live in mittee voted that rule out on Tuesday a problem agreeing to the advancement downtown Albuquerque, on a ranch, or night. Two hours after the Rules Com- of future water settlements without at a pueblo, every New Mexican de- mittee, 7:45 in the evening, our office these reforms. Anything less is breach- pends on their community’s right to received a letter from the administra- ing the fiduciary responsibility that we clean, reliable water. This settlement tion responding to my requests made hold to the people of the United States. is a historic step in ensuring that New way back in September and October of And I want to dwell on that term for Mexico communities have clear and re- last year, and in it the Departments of just a moment. Congress’ fiduciary re- liable water rights to the water that Justice and Interior finally are pre- sponsibility, that sounds laughable they need. pared to state, although somewhat am- today, but to the Framers of our Con- I would urge my colleagues to vote biguously and circuitously, that ‘‘set- stitution, the term ‘‘Congress’ fidu- ‘‘yes’’ on this bill. tlement would be preferable to litiga- ciary responsibility’’ wasn’t a punch Mr. HASTINGS of Washington. Mr. tion of these claims.’’ line. It was a bedrock principle. It’s Speaker, can I inquire of my friend, the I certainly hope this is not going to high time we restored and respected distinguished chairman, if he has any be their pattern. We have many more that principle. more speakers on this bill? Indian water settlements pending for Mr. RAHALL. Mr. Speaker, it’s my Mr. RAHALL. I am prepared to close, substantial amounts of money, and the honor to now yield such time as he Mr. Speaker. Congress should not have to wait for may consume to the gentleman from Mr. HASTINGS of Washington. If months to get a straight answer out of New Mexico, MARTIN HEINRICH, another that’s the case then, Mr. Speaker, I the administration for each settle- cosponsor of this legislation and a val- know that Mr. MCCLINTOCK is not going ment. The Congress should not be ued member of our Committee on Nat- to offer his amendment. So with that, forced to choose a funding amount in ural Resources. I yield myself the balance of my time.

VerDate Nov 24 2008 01:20 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K21JA7.013 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE January 21, 2010 CONGRESSIONAL RECORD — HOUSE H279 Mr. Speaker, hopefully we’ve made it not an individual known around here TITLE II—POJOAQUE BASIN INDIAN very clear in this debate that the for his prolific spending habits. So I do WATER RIGHTS SETTLEMENT agreement and the settlement of the that, again, with the trepidation of Sec. 201. Settlement Agreement and contract claims is preferable to litigation when scaring off support from my side of the approval. fair resolutions are met. I think most aisle for the pending measure. I will Sec. 202. Environmental compliance. people would agree with that. We cer- conclude, Mr. Speaker, by asking all Sec. 203. Conditions precedent and enforcement date. tainly do on this side of the aisle. That Members to support this measure. Sec. 204. Waivers and releases. it is better for those to be worked out I yield back the balance of my time. Sec. 205. Effect. at the local level, rather than resorting The SPEAKER pro tempore. All time SEC. 2. DEFINITIONS. to expensive lawyer fees and years of for debate on the bill has expired. In this Act: fighting. And these bills have had a The Chair understands that the (1) AAMODT CASE.—The term ‘‘Aamodt Case’’ long time of years of fighting, we know amendment will not be offered. means the civil action entitled State of New that. Pursuant to House Resolution 1017, Mexico, ex rel. State Engineer and United States Yet we, as Representatives, owe it to the previous question is ordered on the of America, Pueblo de Nambe, Pueblo de our constituents to make certain that bill, as amended. Pojoaque, Pueblo de San Ildefonso, and Pueblo settlements are not being made that The question is on the engrossment de Tesuque v. R. Lee Aamodt, et al., No. 66 CV 6639 MV/LCS (D.N.M.). overly compensate or benefit one com- and third reading of the bill. (2) ACRE-FEET.—The term ‘‘acre-feet’’ means munity or locality while ultimately The bill was ordered to be engrossed acre-feet of water per year. being paid out of the pockets of the and read a third time, and was read the (3) AUTHORITY.—The term ‘‘Authority’’ means taxpayers. Settlements must be fair to third time. the Pojoaque Basin Regional Water Authority claimants, the effected community and The SPEAKER pro tempore. The described in section 9.5 of the Settlement Agree- to taxpayers. Despite several months of question is on the passage of the bill. ment or an alternate entity acceptable to the efforts to get a clear, direct answer The question was taken; and the Pueblos and the County to operate and main- Speaker pro tempore announced that tain the diversion and treatment facilities, cer- from the Attorney General on the ques- tain transmission pipelines, and other facilities tion of whether these settlements are the ayes appeared to have it. of the Regional Water System. in the interest of taxpayers, they re- Mr. RAHALL. Mr. Speaker, on that I (4) CITY.—The term ‘‘City’’ means the city of sponded, unfortunately, at the very demand the yeas and nays. Santa Fe, New Mexico. last minute with a short and vague let- The yeas and nays were ordered. (5) COST-SHARING AND SYSTEM INTEGRATION ter that leaves the question largely un- The SPEAKER pro tempore. Pursu- AGREEMENT.—The term ‘‘Cost-Sharing and Sys- answered. ant to clause 8 of rule XX, further pro- tem Integration Agreement’’ means the agree- These three bills, as I mentioned, Mr. ceedings on this question will be post- ment to be executed by the United States, the Speaker, spend over $500 million. Tax- State, the Pueblos, the County, and the City poned. that— payers deserve a transparent and f (A) describes the location, capacity, and man- straightforward reply. Because that agement (including the distribution of water to has not been forthcoming, as I men- AAMODT LITIGATION SETTLEMENT ACT customers) of the Regional Water System; and tioned, I must oppose all three bills. (B) allocates the costs of the Regional Water But, Mr. Speaker, in the future, I Mr. RAHALL. Mr. Speaker, pursuant System with respect to— would hope that the Democrat major- to House Resolution 1017, I call up the (i) the construction, operation, maintenance, ity would be put on notice that we ex- bill (H.R. 3342) to authorize the Sec- and repair of the Regional Water System; retary of the Interior, acting through (ii) rights-of-way for the Regional Water Sys- pect to hear directly from the Justice tem; and Department on the merits of the pro- the Commissioner of Reclamation, to (iii) the acquisition of water rights. posed settlements while this is being develop water infrastructure in the Rio (6) COUNTY.—The term ‘‘County’’ means considered in the Natural Resources Grande Basin, and to approve the set- Santa Fe County, New Mexico. Committee. With hundreds of millions tlement of the water rights claims of (7) COUNTY DISTRIBUTION SYSTEM.—The term of dollars being spent, these settle- the Pueblos of Nambe, Pojoaque, San ‘‘County Distribution System’’ means the por- ments need to be fully vetted and ex- Ildefonso, and Tesuque, and ask for its tion of the Regional Water System that serves plained in a fully transparent manner immediate consideration in the House. water customers on non-Pueblo land in the Pojoaque Basin. with clear answers from the Justice The Clerk read the title of the bill. (8) COUNTY WATER UTILITY.—The term ‘‘Coun- Department. Until that happens, these The SPEAKER pro tempore. Pursu- ty Water Utility’’ means the water utility orga- types of bills should not be advanced to ant to House Resolution 1017, the bill is nized by the County to— the House floor, as these three bills considered read. (A) receive water distributed by the Authority; were advanced to the House floor. The amendment in the nature of a and So with that, Mr. Speaker, I urge a substitute printed in the bill is adopt- (B) provide the water received under subpara- ‘‘no’’ vote on this bill. ed. graph (A) to customers on non-Pueblo land in I yield back the balance of my time. The text of the bill, as amended, is as the Pojoaque Basin. Mr. RAHALL. Mr. Speaker, I yield follows: (9) ENGINEERING REPORT.—The term ‘‘Engi- myself the balance of my time. neering Report’’ means the report entitled H.R. 3342 ‘‘Pojoaque Regional Water System Engineering Let me conclude by noting that in a Be it enacted by the Senate and House of Rep- Report’’ dated September 2008 and any amend- letter dated January 19 from the De- resentatives of the United States of America in ments thereto, including any modifications partment of the Interior and the De- Congress assembled, which may be required by section 101(d)(2). partment of Justice, they noted, ‘‘Both SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (10) FUND.—The term ‘‘Fund’’ means the rancor and uncertainty can have sub- (a) SHORT TITLE.—This Act may be cited as Aamodt Settlement Pueblos’ Fund established by stantial economic consequences. The the ‘‘Aamodt Litigation Settlement Act’’. section 105(a). existence of unquantified water rights (b) TABLE OF CONTENTS.—The table of con- (11) OPERATING AGREEMENT.—The term ‘‘Op- claims casts a shadow over all water tents of this Act is as follows: erating Agreement’’ means the agreement be- tween the Pueblos and the County executed Sec. 1. Short title; table of contents. users in a water basin, as no other under section 102(a). Sec. 2. Definitions. water user in the basin can ever be cer- (12) OPERATIONS, MAINTENANCE, AND REPLACE- tain when these rights may be used and TITLE I—POJOAQUE BASIN REGIONAL MENT COSTS.— how this will impact other users.’’ The WATER SYSTEM (A) IN GENERAL.—The term ‘‘operations, main- pending bill solves this problem. It pro- Sec. 101. Authorization of Regional Water Sys- tenance, and replacement costs’’ means all costs vides badly needed certainty. tem. for the operation of the Regional Water System And before finally concluding, I Sec. 102. Operating Agreement. that are necessary for the safe, efficient, and would note to my colleagues, and I did Sec. 103. Acquisition of Pueblo water supply for continued functioning of the Regional Water not really want to do this for fear of the Regional Water System. System to produce the benefits described in the Sec. 104. Delivery and allocation of Regional Settlement Agreement. scaring off support from my side of the Water System capacity and water. (B) EXCLUSION.—The term ‘‘operations, main- aisle, but I will note that a third of Sec. 105. Aamodt Settlement Pueblos’ Fund. tenance, and replacement costs’’ does not in- these bills have a cosponsorship of the Sec. 106. Environmental compliance. clude construction costs or costs related to con- gentleman from Arizona (Mr. FLAKE), Sec. 107. Authorization of appropriations. struction design and planning.

VerDate Nov 24 2008 01:20 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4634 Sfmt 6333 E:\CR\FM\K21JA7.014 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE H280 CONGRESSIONAL RECORD — HOUSE January 21, 2010

(13) POJOAQUE BASIN.— (20) SAN JUAN-CHAMA PROJECT ACT.—The term tion System as set forth in the Cost-Sharing and (A) IN GENERAL.—The term ‘‘Pojoaque Basin’’ ‘‘San Juan-Chama Project Act’’ means sections System Integration Agreement. means the geographic area limited by a surface 8 through 18 of the Act of June 13, 1962 (76 Stat. (B) EFFECT.—A modification under subpara- water divide (which can be drawn on a topo- 96, 97). graph (A)— graphic map), within which area rainfall and (21) SECRETARY.—The term ‘‘Secretary’’ means (i) shall not affect implementation of the Set- runoff flow into arroyos, drainages, and named the Secretary of the Interior. tlement Agreement so long as the provisions in tributaries that eventually drain to— (22) SETTLEMENT AGREEMENT.—The term ‘‘Set- section 203 are satisfied; and (i) the Rio Pojoaque; or tlement Agreement’’ means the stipulated and (ii) may result in an adjustment of the State (ii) the 2 unnamed arroyos immediately south; binding agreement among the State, the Pueb- and County cost-share allocation as set forth in and los, the United States, the County, and the City the Cost-Sharing and System Integration Agree- (iii) 2 arroyos (including the Arroyo Alamo) dated January 19, 2006, and signed by all of the ment. that are north of the confluence of the Rio government parties to the Settlement Agreement (e) APPLICABLE LAW.—The Indian Self-Deter- Pojoaque and the Rio Grande. (other than the United States) on May 3, 2006, mination and Education Assistance Act (25 (B) INCLUSION.—The term ‘‘Pojoaque Basin’’ and as amended in conformity with this Act. U.S.C. 450 et seq.) shall not apply to the design includes the San Ildefonso Eastern Reservation (23) STATE.—The term ‘‘State’’ means the and construction of the Regional Water System. recognized by section 8 of Public Law 87–231 (75 State of New Mexico. (f) CONSTRUCTION COSTS.— Stat. 505). (1) PUEBLO WATER FACILITIES.— TITLE I—POJOAQUE BASIN REGIONAL (A) IN GENERAL.—Except as provided in sub- (14) PUEBLO.—The term ‘‘Pueblo’’ means each WATER SYSTEM of the pueblos of Nambe, Pojoaque, San paragraph (B), the expenditures of the Sec- Ildefonso, or Tesuque. SEC. 101. AUTHORIZATION OF REGIONAL WATER retary to construct the Pueblo Water Facilities SYSTEM. under this section shall not exceed $106,400,000. (15) PUEBLOS.—The term ‘‘Pueblos’’ means (B) EXCEPTION.—The amount described in collectively the Pueblos of Nambe, Pojoaque, (a) IN GENERAL.—The Secretary, acting subparagraph (A) shall be increased or de- San Ildefonso, and Tesuque. through the Commissioner of Reclamation, shall creased, as appropriate, based on ordinary fluc- (16) PUEBLO LAND.—The term ‘‘Pueblo land’’ plan, design, and construct a regional water tuations in construction costs since October 1, means any real property that is— system in accordance with the Settlement Agree- (A) held by the United States in trust for a ment, to be known as the ‘‘Regional Water Sys- 2006, as determined using applicable engineering Pueblo within the Pojoaque Basin; tem’’— cost indices. (2) COSTS TO PUEBLO.—The costs incurred by (B)(i) owned by a Pueblo within the Pojoaque (1) to divert and distribute water to the Pueb- the Secretary in carrying out activities to con- Basin before the date on which a court approves los and to the County Water Utility, in accord- struct the Pueblo Water Facilities under this the Settlement Agreement; or ance with the Engineering Report; and section shall not be reimbursable to the United (ii) acquired by a Pueblo on or after the date (2) that consists of— States. on which a court approves the Settlement Agree- (A) surface water diversion facilities at San (3) COUNTY DISTRIBUTION SYSTEM.—The costs ment, if the real property is located— Ildefonso Pueblo on the Rio Grande; and of constructing the County Distribution System (I) within the exterior boundaries of the Pueb- (B) any treatment, transmission, storage and shall be at State and local expense. lo, as recognized and conformed by a patent distribution facilities and wellfields for the (g) STATE AND LOCAL CAPITAL OBLIGATIONS.— issued under the Act of December 22, 1858 (11 County Distribution System and Pueblo Water Facilities that are necessary to supply 4,000 The State and local capital obligations for the Stat. 374, chapter V); or Regional Water System described in the Cost- (II) within the exterior boundaries of any ter- acre-feet of water within the Pojoaque Basin, Sharing and System Integration Agreement ritory set aside for the Pueblo by law, executive unless modified in accordance with subsection shall be satisfied on the payment of the State order, or court decree; (d)(2). and local capital obligations described in the (C) owned by a Pueblo or held by the United (b) FINAL PROJECT DESIGN.—The Secretary Cost-Sharing and System Integration Agree- States in trust for the benefit of a Pueblo out- shall issue a final project design within 90 days ment. side the Pojoaque Basin that is located within of completion of the environmental compliance (h) CONVEYANCE OF REGIONAL WATER SYSTEM the exterior boundaries of the Pueblo as recog- described in section 106 for the Regional Water System that— FACILITIES.— nized and confirmed by a patent issued under (1) IN GENERAL.—Subject to paragraph (2), on the Act of December 22, 1858 (11 Stat. 374, chap- (1) is consistent with the Engineering Report; and completion of the construction of the Regional ter V); or Water System, the Secretary, in accordance with (D) within the exterior boundaries of any real (2) includes a description of any Pueblo Water Facilities. the Operating Agreement, shall convey to— property located outside the Pojoaque Basin set (A) each Pueblo the portion of any Pueblo (c) ACQUISITION OF LAND; WATER RIGHTS.— aside for a Pueblo by law, executive order, or Water Facility that is located within the bound- (1) ACQUISITION OF LAND.—Upon request, and court decree, if the land is within or contiguous aries of the Pueblo, including any land or inter- in exchange for the funding which shall be pro- to land held by the United States in trust for the est in land located within the boundaries of the vided in section 107(c), the Pueblos shall consent Pueblo as of January 1, 2005. Pueblo that is acquired by the United States for to the grant of such easements and rights-of- (17) PUEBLO WATER FACILITY.— the construction of the Pueblo Water Facility; way as may be necessary for the construction of (A) IN GENERAL.—The term ‘‘Pueblo Water Fa- (B) the County the County Distribution Sys- the Regional Water System at no cost to the Sec- cility’’ means— tem, including any land or interest in land ac- retary. To the extent that the State or County (i) a portion of the Regional Water System quired by the United States for the construction own easements or rights-of-way that may be that serves only water customers on Pueblo of the County Distribution System; and land; and used for construction of the Regional Water Sys- (C) the Authority any portions of the Re- (ii) portions of a Pueblo water system in exist- tem, the State or County shall provide that land gional Water System that remain after making ence on the date of enactment of this Act that or interest in land as necessary for construction the conveyances under subparagraphs (A) and serve water customers on non-Pueblo land, also at no cost to the Secretary. The Secretary shall (B), including any land or interest in land ac- in existence on the date of enactment of this acquire any other land or interest in land that quired by the United States for the construction Act, or their successors, that are— is necessary for the construction of the Regional of the portions of the Regional Water System. (I) depicted in the final project design, as Water System. (2) CONDITIONS FOR CONVEYANCE.—The Sec- modified by the drawings reflecting the com- (2) WATER RIGHTS.—The Secretary shall not retary shall not convey any portion of the Re- pleted Regional Water System; and condemn water rights for purposes of the Re- gional Water System facilities under paragraph (II) described in the Operating Agreement. gional Water System. (1) until the date on which— (B) INCLUSIONS.—The term ‘‘Pueblo Water Fa- (d) CONDITIONS FOR CONSTRUCTION.— (A) construction of the Regional Water System cility’’ includes— (1) IN GENERAL.—The Secretary shall not is complete; and (i) the barrier dam and infiltration project on begin construction of the Regional Water System (B) the Operating Agreement is executed in the Rio Pojoaque described in the Engineering facilities until the date on which— accordance with section 102. Report; and (A) the Secretary executes— (3) SUBSEQUENT CONVEYANCE.—On convey- (ii) the Tesuque Pueblo infiltration pond de- (i) the Settlement Agreement; and ance by the Secretary under paragraph (1), the scribed in the Engineering Report. (ii) the Cost-Sharing and System Integration Pueblos, the County, and the Authority shall (18) REGIONAL WATER SYSTEM.— Agreement; and not reconvey any portion of the Regional Water (A) IN GENERAL.—The term ‘‘Regional Water (B) the State and the County have entered System conveyed to the Pueblos, the County, System’’ means the Regional Water System de- into an agreement with the Secretary to con- and the Authority, respectively, unless the re- scribed in section 101(a). tribute the non-Federal share of the costs of the conveyance is authorized by an Act of Congress (B) EXCLUSIONS.—The term ‘‘Regional Water construction in accordance with the Cost-Shar- enacted after the date of enactment of this Act. System’’ does not include the County or Pueblo ing and System Integration Agreement. (4) INTEREST OF THE UNITED STATES.—On con- water supply delivered through the Regional (2) MODIFICATIONS TO REGIONAL WATER SYS- veyance of a portion of the Regional Water Sys- Water System. TEM.— tem under paragraph (1), the United States (19) SAN JUAN-CHAMA PROJECT.—The term (A) IN GENERAL.—The State and the County, shall have no further right, title, or interest in ‘‘San Juan-Chama Project’’ means the Project in agreement with the Pueblos, the City, and and to the portion of the Regional Water System authorized by section 8 of the Act of June 13, other signatories to the Cost-Sharing and Sys- conveyed. 1962 (76 Stat. 96, 97), and the Act of April 11, tem Integration Agreement, may modify the ex- (5) ADDITIONAL CONSTRUCTION.—On convey- 1956 (70 Stat. 105). tent, size, and capacity of the County Distribu- ance of a portion of the Regional Water System

VerDate Nov 24 2008 01:20 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4634 Sfmt 6333 E:\CR\FM\A21JA7.012 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE January 21, 2010 CONGRESSIONAL RECORD — HOUSE H281 under paragraph (1), the Pueblos, County, or tions of the Regional Water System that are delivery or distribution of San Juan-Chama the Authority, as applicable, may, at the ex- used to treat, transmit, and distribute water to Project water or the management or operation of pense of the Pueblos, County, or the Authority, both the Pueblo Water Facilities and the County the San Juan-Chama Project. construct any additional infrastructure that is Water Utility; (e) CONTRACT FOR SAN JUAN-CHAMA PROJECT necessary to fully use the water delivered by the (F) the operation of wellfields located on WATER SUPPLY.—With respect to the contract Regional Water System. Pueblo land; for the water supply required by subsection (6) LIABILITY.— (G) the transfer of any water rights necessary (a)(2), such San Juan-Chama Project contract (A) IN GENERAL.—Effective on the date of con- to provide the Pueblo water supply described in shall be pursuant to the following terms: veyance of any land or facility under this sec- section 103(a); (1) WAIVERS.—Notwithstanding the provisions tion, the United States shall not be held liable (H) the operation of the Regional Water Sys- of the San Juan-Chama Project Act, or any by any court for damages of any kind arising tem with respect to the water supply, including other provision of law— out of any act, omission, or occurrence relating the allocation of the water supply in accordance (A) the Secretary shall waive the entirety of to the land and facilities conveyed, other than with section 3.1.8.4.2 of the Settlement Agree- the Pueblos’ share of the construction costs for damages caused by acts of negligence by the ment so that, in the event of a shortage of sup- the San Juan-Chama Project, and pursuant to United States, or by employees or agents of the ply to the Regional Water System, the supply to that waiver, the Pueblos’ share of all construc- United States, prior to the date of conveyance. each of the Pueblos’ and to the County’s dis- tion costs for the San Juan-Chama Project, in- (B) TORT CLAIMS.—Nothing in this section in- tribution system shall be reduced on a prorata clusive of both principal and interest, due from creases the liability of the United States beyond basis, in proportion to each distribution system’s 1972 to the execution of the contract required by the liability provided in chapter 171 of title 28, most current annual use; and subsection (a)(2), shall be nonreimbursable; United States Code (commonly known as the (I) dispute resolution; and (B) the Secretary’s waiver of each Pueblo’s ‘‘Federal Tort Claims Act’’). (3) provisions for operating and maintaining share of the construction costs for the San (7) EFFECT.—Nothing in any transfer of own- the Regional Water System facilities before and Juan-Chama Project will not result in an in- ership provided or any conveyance thereto as after conveyance under section 101(h), including crease in the pro rata shares of other San Juan- provided in this section shall extinguish the provisions to— Chama Project water contractors, but such costs right of any Pueblo, the County, or the Re- (A) ensure that— shall be absorbed by the United States Treasury gional Water Authority to the continuous use (i) the operation of, and the diversion and or otherwise appropriated to the Department of and benefit of each easement or right of way for conveyance of water by, the Regional Water the Interior; and (C) the costs associated with any water made the use, operation, maintenance, repair, and re- System is in accordance with the Settlement available from the San Juan-Chama Project placement of Pueblo Water Facilities, the Coun- Agreement; which were determined nonreimbursable and ty Distribution System or the Regional Water (ii) the wells in the Regional Water System are nonreturnable pursuant to Public Law No. 88– System or for wastewater purposes as provided used in conjunction with the surface water sup- 293, 78 Stat. 171 (March 26, 1964), shall remain in the Cost-Sharing and System Integration ply of the Regional Water System to ensure a re- nonreimbursable and nonreturnable. Agreement. liable firm supply of water to all users of the Re- gional Water System, consistent with the intent (2) TERMINATION.—The contract shall provide SEC. 102. OPERATING AGREEMENT. of the Settlement Agreement that surface sup- that it shall terminate only upon the following (a) IN GENERAL.—The Pueblos and the County plies will be used to the maximum extent fea- conditions— shall submit to the Secretary an executed Oper- sible; (A) failure of the United States District Court ating Agreement for the Regional Water System (iii) the respective obligations regarding deliv- for the District of New Mexico to enter a final that is consistent with this Act, the Settlement ery, payment, operation, and management are decree for the Aamodt Case by December 15, Agreement, and the Cost-Sharing and System enforceable; and 2012, or within the time period of any extension Integration Agreement not later than 180 days (iv) the County has the right to serve any new of that deadline granted by the court; or after the later of— water users located on non-Pueblo land in the (B) entry of an order by the United States (1) the date of completion of environmental Pojoaque Basin; and District Court for the District of New Mexico compliance and permitting; or (B) allow for any aquifer storage and recovery voiding the final decree and Settlement Agree- (2) the date of issuance of a final project de- projects that are approved by the Office of the ment for the Aamodt Case pursuant to section sign for the Regional Water System under sec- New Mexico State Engineer. 10.3 of the Settlement Agreement. tion 101(b). (d) EFFECT.—Nothing in this Act precludes (f) LIMITATION.—The Secretary shall use the (b) APPROVAL.—Not later than 180 days after the Operating Agreement from authorizing water supply secured under subsection (a) only receipt of the operating agreement described in phased or interim operations if the Regional for the purposes described in the Settlement subsection (a), the Secretary shall approve the Water System is constructed in phases. Agreement. Operating Agreement upon determination that (g) FULFILLMENT OF WATER SUPPLY ACQUISI- SEC. 103. ACQUISITION OF PUEBLO WATER SUP- TION OBLIGATIONS.—Compliance with sub- the Operating Agreement is consistent with this PLY FOR THE REGIONAL WATER SYS- Act, the Settlement Agreement, and the Cost- TEM. sections (a) through (f) shall satisfy any and all Sharing and System Integration Agreement. (a) IN GENERAL.—For the purpose of providing obligations of the Secretary to acquire or secure (c) CONTENTS.—The Operating Agreement a reliable firm supply of water from the Re- a water supply for the Pueblos pursuant to the shall include— gional Water System for the Pueblos in accord- Settlement Agreement. (1) provisions consistent with the Settlement ance with the Settlement Agreement, the Sec- (h) RIGHTS OF PUEBLOS IN SETTLEMENT Agreement and the Cost-Sharing and System In- retary, on behalf of the Pueblos, shall— AGREEMENT UNAFFECTED.—Notwithstanding the tegration Agreement and necessary to implement (1) acquire water rights to— provisions of subsections (a) through (g), the the intended benefits of the Regional Water Sys- (A) 302 acre-feet of Nambe reserved water de- Pueblos, the County or the Regional Water Au- tem described in those documents; scribed in section 2.6.2 of the Settlement Agree- thority may acquire any additional water rights (2) provisions for— ment pursuant to section 107(c)(1)(C); and to ensure all parties to the Settlement Agreement (A) the distribution of water conveyed (B) 1141 acre-feet from water acquired by the receive the full allocation of water provided by through the Regional Water System, including a County for water rights commonly referred to as the Settlement Agreement and nothing in this delineation of— ‘‘Top of the World’’ rights in the Aamodt Case; Act amends or modifies the quantities of water (i) distribution lines for the County Distribu- (2) enter into a contract with the Pueblos for allocated to the Pueblos thereunder. tion System; 1,079 acre-feet in accordance with section 11 of SEC. 104. DELIVERY AND ALLOCATION OF RE- (ii) distribution lines for the Pueblo Water Fa- the San Juan-Chama Project Act; and GIONAL WATER SYSTEM CAPACITY cilities; and (3) by application to the State Engineer, seek AND WATER. (iii) distribution lines that serve both— approval to divert the water acquired and made (a) ALLOCATION OF REGIONAL WATER SYSTEM (I) the County Distribution System; and available under paragraphs (1) and (2) at the CAPACITY.— (1) IN GENERAL.—The Regional Water System (II) the Pueblo Water Facilities; points of diversion for the Regional Water Sys- shall have the capacity to divert from the Rio (B) the allocation of the Regional Water Sys- tem, consistent with the Settlement Agreement Grande a quantity of water sufficient to pro- tem capacity; and the Cost-Sharing and System Integration vide— (C) the terms of use of unused water capacity Agreement. (A) up to 4,000 acre-feet of consumptive use of in the Regional Water System; (b) FORFEITURE.—The nonuse of the water water; and (D) the construction of additional infrastruc- supply secured by the Secretary for the Pueblos (B) the requisite peaking capacity described ture and the acquisition of associated rights-of- under subsection (a) shall in no event result in in— way or easements necessary to enable any of the forfeiture, abandonment, relinquishment, or (i) the Engineering Report; and Pueblos or the County to fully use water allo- other loss thereof. (ii) the final project design. cated to the Pueblos or the County from the Re- (c) TRUST.—The Pueblo water supply secured (2) ALLOCATION TO THE PUEBLOS AND COUNTY gional Water System, including provisions ad- under subsection (a) shall be held by the United WATER UTILITY.—Of the capacity described in dressing when the construction of such addi- States in trust for the Pueblos. paragraph (1)— tional infrastructure requires approval by the (d) APPLICABLE LAW.—The water supply made (A) there shall be allocated to the Pueblos— Authority; available pursuant to subsection (a)(2) shall be (i) sufficient capacity for the conveyance of (E) the allocation and payment of annual op- subject to the San Juan-Chama Project Act, and 2,500 acre-feet consumptive use; and eration, maintenance, and replacement costs for no preference shall be provided to the Pueblos (ii) the requisite peaking capacity for the the Regional Water System, including the por- as a result of subsection (c) with regard to the quantity of water described in clause (i); and

VerDate Nov 24 2008 01:20 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4634 Sfmt 6333 E:\CR\FM\A21JA7.012 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE H282 CONGRESSIONAL RECORD — HOUSE January 21, 2010 (B) there shall be allocated to the County (3) the American Indian Trust Fund Manage- (2) the Endangered Species Act of 1973 (16 Water Utility— ment Reform Act of 1994 (25 U.S.C. 4001 et seq.). U.S.C. 1531 et seq.). (i) sufficient capacity for the conveyance of (d) TRIBAL MANAGEMENT PLAN.— (b) NATIONAL ENVIRONMENTAL POLICY ACT.— up to 1,500 acre-feet consumptive use; and (1) IN GENERAL.—A Pueblo may withdraw all Nothing in this Act affects the outcome of any (ii) the requisite peaking capacity for the or part of the Pueblo’s portion of the Fund on analysis conducted by the Secretary or any quantity of water described in clause (i). approval by the Secretary of a tribal manage- other Federal official under the National Envi- (3) APPLICABLE LAW.—Water shall be allo- ment plan as described in the American Indian ronmental Policy Act of 1969 (42 U.S.C. 4321 et cated to the Pueblos and the County Water Util- Trust Fund Management Reform Act of 1994 (25 seq.). ity under this subsection in accordance with— U.S.C. 4001 et seq.). SEC. 107. AUTHORIZATION OF APPROPRIATIONS. (A) this title; (2) REQUIREMENTS.—In addition to the re- (a) REGIONAL WATER SYSTEM.— (B) the Settlement Agreement; and quirements under the American Indian Trust (1) IN GENERAL.—Subject to paragraph (4), (C) the Operating Agreement. Fund Management Reform Act of 1994 (25 there is authorized to be appropriated to the (b) DELIVERY OF REGIONAL WATER SYSTEM U.S.C. 4001 et seq.), the tribal management plan Secretary for the planning, design, and con- WATER.—The Authority shall deliver water from shall require that a Pueblo spend any amounts struction of the Regional Water System and the the Regional Water System— withdrawn from the Fund in accordance with conduct of environmental compliance activities (1) to the Pueblos water in a quantity suffi- the purposes described in section 107(c). under section 106 an amount not to exceed cient to allow full consumptive use of up to 2,500 (3) ENFORCEMENT.—The Secretary may take $106,400,000, as adjusted under paragraph (3), acre-feet per year of water rights by the Pueblos judicial or administrative action to enforce the for the period of fiscal years 2010 through 2022, in accordance with— provisions of any tribal management plan to en- to remain available until expended. (A) the Settlement Agreement; sure that any amounts withdrawn from the (2) PRIORITY OF FUNDING.—Of the amounts (B) the Operating Agreement; and Fund under an approved tribal management authorized under paragraph (1), the Secretary (C) this title; and plan are used in accordance with this title. shall give priority to funding— (2) to the County water in a quantity suffi- (4) LIABILITY.—If a Pueblo or the Pueblos ex- (A) the construction of the San Ildefonso por- cient to allow full consumptive use of up to 1,500 ercise the right to withdraw amounts from the tion of the Regional Water System, consisting acre-feet per year of water rights by the County Fund, neither the Secretary nor the Secretary of of— Water Utility in accordance with— the Treasury shall retain any liability for the (i) the surface water diversion, treatment, and (A) the Settlement Agreement; expenditure or investment of the amounts with- transmission facilities at San Ildefonso Pueblo; (B) the Operating Agreement; and drawn. and (C) this title. (5) EXPENDITURE PLAN.— (ii) the San Ildefonso Pueblo portion of the (c) ADDITIONAL USE OF ALLOCATION QUANTITY (A) IN GENERAL.—The Pueblos shall submit to Pueblo Water Facilities; and AND UNUSED CAPACITY.—The Regional Water the Secretary for approval an expenditure plan (B) that part of the Regional Water System System may be used to— for any portion of the amounts in the Fund that providing 475 acre-feet to Pojoaque Pueblo pur- (1) provide for use of return flow credits to the Pueblos do not withdraw under this sub- suant to section 2.2 of the Settlement Agreement. allow for full consumptive use of the water allo- section. (3) ADJUSTMENT.—The amount authorized cated in the Settlement Agreement to each of the (B) DESCRIPTION.—The expenditure plan shall under paragraph (1) shall be adjusted annually Pueblos and to the County; and describe the manner in which, and the purposes to account for increases in construction costs (2) convey water allocated to one of the Pueb- for which, amounts remaining in the Fund will since October 1, 2006, as determined using appli- los or the County Water Utility for the benefit be used. cable engineering cost indices. of another Pueblo or the County Water Utility (C) APPROVAL.—On receipt of an expenditure (4) LIMITATIONS.— or allow use of unused capacity by each other plan under subparagraph (A), the Secretary (A) IN GENERAL.—No amounts shall be made through the Regional Water System in accord- shall approve the plan if the Secretary deter- available under paragraph (1) for the construc- ance with an intergovernmental agreement be- mines that the plan is reasonable and consistent tion of the Regional Water System until the date tween the Pueblos, or between a Pueblo and with this Act, the Settlement Agreement, and on which the United States District Court for County Water Utility, as applicable, if— the Cost-Sharing and System Integration Agree- the District of New Mexico issues an order ap- (A) such intergovernmental agreements are ment. proving the Settlement Agreement. consistent with the Operating Agreement, the (D) ANNUAL REPORT.—The Pueblos shall sub- (B) RECORD OF DECISION.—No amounts made Settlement Agreement, and this Act; mit to the Secretary an annual report that de- available under paragraph (1) shall be expended (B) capacity is available without reducing scribes all expenditures from the Fund during unless the record of decision issued by the Sec- water delivery to any Pueblo or the County the year covered by the report. retary after completion of an environmental im- Water Utility in accordance with the Settlement (6) NO PER CAPITA PAYMENTS.—No part of the pact statement provides for a preferred alter- Agreement, unless the County Water Utility or principal of the Fund, or the interest or income native that is in substantial compliance with the Pueblo contracts for a reduction in water deliv- accruing on the principal shall be distributed to proposed Regional Water System, as defined in ery or Regional Water System capacity; any member of a Pueblo on a per capita basis. the Engineering Report. (C) the Pueblo or County Water Utility con- (7) AVAILABILITY OF AMOUNTS FROM THE (b) ACQUISITION OF WATER RIGHTS.—There is tracting for use of the unused capacity or water FUND.— authorized to be appropriated to the Secretary has the right to use the water under applicable (A) APPROVAL OF SETTLEMENT AGREEMENT.— funds for the acquisition of the water rights law; and Amounts made available under subparagraphs under section 103(a)(1)(B)— (D) any agreement for the use of unused ca- (A) and (C) of section 107(c)(1) or from other au- (1) in the amount of $5,400,000.00 if such ac- pacity or water provides for payment of the op- thorized sources shall be available for expendi- quisition is completed by December 31, 2010; and eration, maintenance, and replacement costs as- ture or withdrawal only after the date on which (2) the amount authorized under paragraph sociated with the use of capacity or water. the United States District Court for the District (b)(1) shall be adjusted according to the CPI SEC. 105. AAMODT SETTLEMENT PUEBLOS’ FUND. of New Mexico issues an order approving the Urban Index commencing January 1, 2011. (a) ESTABLISHMENT OF THE AAMODT SETTLE- Settlement Agreement. (c) AAMODT SETTLEMENT PUEBLOS’ FUND.— MENT PUEBLOS’ FUND.—There is established in (B) COMPLETION OF CERTAIN PORTIONS OF RE- (1) IN GENERAL.—There is authorized to be ap- the Treasury of the United States a fund, to be GIONAL WATER SYSTEM.—Amounts made avail- propriated to the Fund the following amounts known as the ‘‘Aamodt Settlement Pueblos’ able under section 107(c)(1)(B) or from other au- for the period of fiscal years 2010 through 2022: Fund,’’ consisting of— thorized sources shall be available for expendi- (A) $15,000,000, which shall be allocated to the (1) such amounts as are made available to the ture or withdrawal only after those portions of Pueblos, in accordance with section 2.7.1 of the Fund under section 107(c) or other authorized the Regional Water System described in section Settlement Agreement, for the rehabilitation, im- sources; and 1.5.24 of the Settlement Agreement have been de- provement, operation, maintenance, and re- (2) any interest earned from investment of clared substantially complete by the Secretary. placement of the agricultural delivery facilities, amounts in the Fund under subsection (b). (C) FAILURE TO FULFILL CONDITIONS PRECE- waste water systems, and other water-related (b) MANAGEMENT OF THE FUND.—The Sec- DENT.—If the conditions precedent in section 203 infrastructure of the applicable Pueblo. The retary shall manage the Fund, invest amounts have not been fulfilled by September 15, 2017, amount authorized herein shall be adjusted ac- in the Fund, and make amounts available from the United States shall be entitled to set off any cording to the CPI Urban Index commencing the Fund for distribution to the Pueblos in ac- funds expended or withdrawn from the amounts October 1, 2006. cordance with— appropriated pursuant to section 107(c), to- (B) $37,500,000, which shall be allocated to an (1) the American Indian Trust Fund Manage- gether with any interest accrued, against any account, to be established not later than Janu- ment Reform Act of 1994 (25 U.S.C. 4001 et seq.); claims asserted by the Pueblos against the ary 1, 2016, to assist the Pueblos in paying the and United States relating to the water rights in the Pueblos’ share of the cost of operating, main- (2) this Act. Pojoaque Basin. taining, and replacing the Pueblo Water Facili- (c) INVESTMENT OF THE FUND.—On the date SEC. 106. ENVIRONMENTAL COMPLIANCE. ties and the Regional Water System. set forth in section 203(a)(1), the Secretary shall (a) IN GENERAL.—In carrying out this title, (C) $5,000,000 and any interest thereon, which invest amounts in the Fund in accordance the Secretary shall comply with each law of the shall be allocated to the Pueblo of Nambe for the with— Federal Government relating to the protection of acquisition of the Nambe reserved water rights (1) the Act of April 1, 1880 (25 U.S.C. 161); the environment, including— in accordance with section 103(a)(1)(A). The (2) the first section of the Act of June 24, 1938 (1) the National Environmental Policy Act of amount authorized herein shall be adjusted ac- (25 U.S.C. 162a); and 1969 (42 U.S.C. 4321 et seq.); and cording to the CPI Urban Index commencing

VerDate Nov 24 2008 01:20 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4634 Sfmt 6333 E:\CR\FM\A21JA7.012 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE January 21, 2010 CONGRESSIONAL RECORD — HOUSE H283 January 1, 2011. The funds provided under this Falls Dam and Reservoir in accordance with the (2) any funds that have been appropriated section may be used by the Pueblo of Nambe Settlement Agreement. under this Act but not expended shall imme- only for the acquisition of land, other real prop- SEC. 202. ENVIRONMENTAL COMPLIANCE. diately revert to the general fund of the United erty interests, or economic development. (a) EFFECT OF EXECUTION OF SETTLEMENT States Treasury. (2) OPERATION, MAINTENANCE, AND REPLACE- AGREEMENT.—The execution of the Settlement (c) ENFORCEMENT DATE.—The Settlement MENT COSTS.— Agreement under section 201(b) shall not con- Agreement shall become enforceable as of the (A) IN GENERAL.—Prior to conveyance of the stitute a major Federal action under the Na- date that the United States District Court for Regional Water System pursuant to section 101, tional Environmental Policy Act of 1969 (42 the District of New Mexico enters a partial final the Secretary is authorized to and shall pay any U.S.C. 4321 et seq.). decree pursuant to subsection (a)(2)(E) and an operation, maintenance or replacement costs as- (b) COMPLIANCE WITH ENVIRONMENTAL Interim Administrative Order consistent with sociated with the Pueblo Water Facilities or the LAWS.—In carrying out this Act, the Secretary the Settlement Agreement. Regional Water System up to an amount that shall comply with each law of the Federal Gov- (d) EFFECTIVENESS OF WAIVERS.—The waivers does not exceed $5,000,000, which is authorized ernment relating to the protection of the envi- and releases executed pursuant to section 204 to be appropriated to the Secretary. ronment, including— shall become effective as of the date that the (B) OBLIGATION OF FEDERAL GOVERNMENT (1) the National Environmental Policy Act of Secretary publishes the notice required by sub- AFTER COMPLETION.—The amount authorized 1969 (42 U.S.C. 4321 et seq.); and section (a)(1). under subparagraph (A) shall expire after the (2) the Endangered Species Act of 1973 (16 (e) REQUIREMENTS FOR DETERMINATION OF date on which construction of the Regional U.S.C. 1531 et seq.). SUBSTANTIAL COMPLETION OF THE REGIONAL Water System is completed and the amounts re- SEC. 203. CONDITIONS PRECEDENT AND EN- WATER SYSTEM.— quired to be deposited in the account have been FORCEMENT DATE. (1) CRITERIA FOR SUBSTANTIAL COMPLETION OF deposited under this section by the Federal Gov- (a) CONDITIONS PRECEDENT.— REGIONAL WATER SYSTEM.—Subject to the provi- ernment. (1) IN GENERAL.—Upon the fulfillment of the sions in section 101(d) concerning the extent, conditions precedent described in paragraph (2), size, and capacity of the County Distribution TITLE II—POJOAQUE BASIN INDIAN the Secretary shall publish in the Federal Reg- WATER RIGHTS SETTLEMENT System, the Regional Water System shall be de- ister by September 15, 2017, a statement of find- termined to be substantially completed if the in- SEC. 201. SETTLEMENT AGREEMENT AND CON- ing that the conditions have been fulfilled. frastructure has been constructed capable of— TRACT APPROVAL. (2) REQUIREMENTS.—The conditions precedent (A) diverting, treating, transmitting, and dis- (a) APPROVAL.—To the extent the Settlement referred to in paragraph (1) are the conditions tributing a supply of 2,500 acre-feet of water to Agreement and the Cost-Sharing and System In- that— the Pueblos; and tegration Agreement do not conflict with this (A) to the extent that the Settlement Agree- (B) diverting, treating, and transmitting the Act, the Settlement Agreement and the Cost- ment conflicts with this title, the Settlement quantity of water specified in the Engineering Sharing and System Integration Agreement (in- Agreement has been revised to conform with this Report to the County Distribution System. title; cluding any amendments to the Settlement (2) CONSULTATION.—On or after June 30, 2021, (B) the Settlement Agreement, so revised, in- Agreement and the Cost-Sharing and System In- at the request of 1 or more of the Pueblos, the cluding waivers and releases pursuant to section tegration Agreement that are executed to make Secretary shall consult with the Pueblos and 204, has been executed by the appropriate par- the Settlement Agreement or the Cost-Sharing confer with the County and the State on wheth- and System Integration Agreement consistent ties and the Secretary; (C) Congress has fully appropriated, or the er the criteria in paragraph (1) for substantial with this Act) are authorized, ratified, and con- completion of the Regional Water System have firmed. Secretary has provided from other authorized sources, all funds authorized by section 107, been met or will be met by June 30, 2024. (b) EXECUTION.—To the extent the Settlement (3) WRITTEN DETERMINATION BY SECRETARY.— with the exception of subsection (a)(1) of that Agreement and the Cost-Sharing and System In- Not earlier than June 30, 2021, at the request of tegration Agreement do not conflict with this section, by December 15, 2016; (D) the Secretary has acquired and entered 1 or more of the Pueblos and after the consulta- Act, the Secretary shall execute the Settlement tion required by paragraph (2), the Secretary Agreement and the Cost-Sharing and System In- into appropriate contracts for the water rights described in section 103(a); shall— tegration Agreement (including any amend- (A) determine whether the Regional Water ments that are necessary to make the Settlement (E) for purposes of section 103(a), permits have been issued by the New Mexico State Engi- System has been substantially completed based Agreement or the Cost-Sharing and System Inte- on the criteria described in paragraph (1); and gration Agreement consistent with this Act). neer to the Regional Water Authority to change the points of diversion to the mainstem of the (B) submit a written notice of the determina- (c) AUTHORITIES OF THE PUEBLOS.— Rio Grande for the diversion and consumptive tion under subparagraph (A) to— (1) IN GENERAL.—Each of the Pueblos may (i) the Pueblos; enter into contracts to lease or exchange water use of at least 2,381 acre-feet by the Pueblos as part of the water supply for the Regional Water (ii) the County; and rights or to forbear undertaking new or ex- (iii) the State. panded water uses for water rights recognized System, subject to the conditions that— (i) the permits shall be free of any condition (4) RIGHT TO REVIEW.— in section 2.1 of the Settlement Agreement for that materially adversely affects the ability of (A) IN GENERAL.—A determination by the Sec- use within the Pojoaque Basin in accordance the Pueblos or the Regional Water Authority to retary under paragraph (3)(A) shall be consid- with the other limitations of section 2.1.5 of the divert or use the Pueblo water supply described ered to be a final agency action subject to judi- Settlement Agreement provided that section 2.1.5 in section 103(a), including water rights ac- cial review by the Decree Court under sections is amended accordingly. quired in addition to those described in section 701 through 706 of title 5, United States Code. (2) EXECUTION.—The Secretary shall not exe- 103(a), in accordance with section 103(g); and (B) FAILURE TO MAKE TIMELY DETERMINA- cute the Settlement Agreement until such (ii) the Settlement Agreement shall establish TION.— amendment is accomplished under paragraph the means to address any permit conditions to (i) IN GENERAL.—If a Pueblo requests a writ- (1). ensure the ability of the Pueblos to fully divert ten determination under paragraph (3) and the (3) APPROVAL BY SECRETARY.—Consistent with and consume at least 2,381 acre-feet as part of Secretary fails to make such a written deter- the Settlement Agreement as amended under the water supply for the Regional Water System, mination by the date described in clause (ii), paragraph (1), the Secretary shall approve or including defining the conditions that will not there shall be a rebuttable presumption that the disapprove a lease entered into under paragraph constitute a material adverse affect; failure constitutes agency action unlawfully (1). (F) the State has enacted any necessary legis- withheld or unreasonably delayed under section (4) PROHIBITION ON PERMANENT ALIENATION.— lation and provided any funding that may be 706 of title 5, United States Code. No lease or contract under paragraph (1) shall required under the Settlement Agreement; (ii) DATE.—The date referred to in clause (i) is be for a term exceeding 99 years, nor shall any (G) a partial final decree that sets forth the the date that is the later of— such lease or contract provide for permanent water rights and other rights to water to which (I) the date that is 180 days after the date of alienation of any portion of the water rights the Pueblos are entitled under the Settlement receipt by the Secretary of the request by the made available to the Pueblos under the Settle- Agreement and this title and that substantially Pueblo; and ment Agreement. conforms to the Settlement Agreement has been (II) June 30, 2023. (5) APPLICABLE LAW.—Section 2116 of the Re- approved by the United States District Court for (C) EFFECT OF ACT.—Nothing in this Act gives vised Statutes (25 U.S.C. 177) shall not apply to the District of New Mexico; and any Pueblo or Settlement Party the right to ju- any lease or contract entered into under para- (H) a final decree that sets forth the water dicial review of a determination of the Secretary graph (1). rights for all parties to the Aamodt Case and regarding whether the Regional Water System (6) LEASING OR MARKETING OF WATER SUP- that substantially conforms to the Settlement has been substantially completed except under PLY.—The water supply provided on behalf of Agreement has been approved by the United subchapter II of chapter 5, and chapter 7, of the Pueblos pursuant to section 103(a)(1) may States District Court for the District of New title 5, United States Code (commonly known as only be leased or marketed by any of the Pueb- Mexico by June 15, 2017. the ‘‘Administrative Procedure Act’’). los pursuant to the intergovernmental agree- (b) EXPIRATION DATE.—If all the conditions (5) RIGHT TO VOID FINAL DECREE.— ments described in section 104(c)(2). precedent described in subsection (a)(2) have not (A) IN GENERAL.—Not later than June 30, 2024, (d) AMENDMENTS TO CONTRACTS.—The Sec- been fulfilled by September 15, 2017— on a determination by the Secretary, after con- retary shall amend the contracts relating to the (1) the Settlement Agreement and this Act in- sultation with the Pueblos, that the Regional Nambe Falls Dam and Reservoir that are nec- cluding waivers described in those documents Water System is not substantially complete, 1 or essary to use water supplied from the Nambe shall no longer be effective; and more of the Pueblos, or the United States acting

VerDate Nov 24 2008 01:20 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4634 Sfmt 6333 E:\CR\FM\A21JA7.012 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE H284 CONGRESSIONAL RECORD — HOUSE January 21, 2010 on behalf of a Pueblo, shall have the right to taking of water) attributable to County of Santa cluding claims for damages to natural re- notify the Decree Court of the determination. Fe pumping of groundwater that has effects on sources), the Safe Drinking Water Act (42 U.S.C. (B) EFFECT.—The Final Decree shall have no the ground and surface water supplies of the 300f et seq.), the Federal Water Pollution Con- force or effect on a finding by the Decree Court Pojoaque Basin. trol Act (33 U.S.C. 1251 et seq.), and the regula- that a Pueblo, or the United States acting on be- (b) CLAIMS BY THE PUEBLOS AGAINST THE tions implementing those laws; half of a Pueblo, has submitted proper notifica- UNITED STATES.—The Pueblos, on behalf of (6) all claims against the United States relat- tion under subparagraph (A). themselves and their members, are authorized to ing to damages, losses, or injuries to land or (f) VOIDING OF WAIVERS.—If the Final Decree execute a waiver and release of— natural resources not due to loss of water or is void under subsection (e)(5)— (1) all claims against the United States, its water rights (including hunting, fishing, gath- (1) the Settlement Agreement shall no longer agencies, or employees, relating to claims for ering or cultural rights); be effective; water rights in or water of the Pojoaque Basin (7) all claims for water rights from water (2) the waivers and releases executed pursu- or for rights to use water in the Pojoaque Basin sources outside the Pojoaque Basin for land out- ant to section 204 shall no longer be effective; that the United States acting in its capacity as side the Pojoaque Basin owned by a Pueblo or and trustee for the Pueblos asserted, or could have held by the United States for the benefit of any (3) any unexpended Federal funds, together asserted, in any proceeding, including the of the Pueblos; and with any interest earned on those funds, and Aamodt Case; (8) all rights, remedies, privileges, immunities, title to any property acquired or constructed (2) all claims against the United States, its powers and claims not specifically waived and with expended Federal funds shall be returned agencies, or employees relating to damages, released pursuant to this Act or the Settlement to the Federal Government, unless otherwise losses, or injuries to water, water rights, land, Agreement. agreed to by the Pueblos and the United States or natural resources due to loss of water or (d) EFFECT OF SECTION.—Nothing in the Set- and approved by Congress. water rights (including damages, losses or inju- tlement Agreement or this Act— SEC. 204. WAIVERS AND RELEASES. ries to hunting, fishing, gathering or cultural (1) affects the ability of the United States act- rights due to loss of water or water rights; (a) CLAIMS BY THE PUEBLOS AND THE UNITED ing in its sovereign capacity to take actions au- claims relating to interference with, diversion or STATES.—In return for recognition of the Pueb- thorized by law, including any laws relating to taking of water or water rights; or claims relat- los’ water rights and other benefits, including health, safety, or the environment, including ing to failure to protect, acquire, replace, or de- waivers and releases by non-Pueblo parties, as the Comprehensive Environmental Response, velop water, water rights or water infrastruc- set forth in the Settlement Agreement and this Compensation, and Liability Act of 1980 (42 ture) within the Pojoaque Basin that first ac- Act, the Pueblos, on behalf of themselves and U.S.C. 9601 et seq.), the Safe Drinking Water crued at any time up to and including the waiv- their members, and the United States acting in Act (42 U.S.C. 300f et seq.), the Federal Water er effectiveness date identified in section 203(d); its capacity as trustee for the Pueblos are au- Pollution Control Act (33 U.S.C. 1251 et seq.), (3) all claims against the United States, its thorized to execute a waiver and release of— the Solid Waste Disposal Act (42 U.S.C. 6901 et agencies, or employees for an accounting of (1) all claims for water rights in the Pojoaque seq.), and the regulations implementing those funds appropriated by Acts, including the Act of Basin that the Pueblos, or the United States laws; December 22, 1927 (45 Stat. 2), the Act of March acting in its capacity as trustee for the Pueblos, (2) affects the ability of the United States to 4, 1929 (45 Stat. 1562), the Act of March 26, 1930 asserted, or could have asserted, in any pro- take actions acting in its capacity as trustee for (46 Stat. 90), the Act of February 14, 1931 (46 ceeding, including the Aamodt Case, up to and any other Indian tribe or allottee; or Stat. 1115), the Act of March 4, 1931 (46 Stat. including the waiver effectiveness date identi- (3) confers jurisdiction on any State court to— 1552), the Act of July 1, 1932 (47 Stat. 525), the fied in section 203(d), except to the extent that (A) interpret Federal law regarding health, Act of June 22, 1936 (49 Stat. 1757), the Act of such rights are recognized in the Settlement safety, or the environment or determine the du- August 9, 1937 (50 Stat. 564), and the Act of May Agreement or this Act; ties of the United States or other parties pursu- 9, 1938 (52 Stat. 291), as authorized by the Pueb- (2) all claims for water rights for lands in the ant to such Federal law; or lo Lands Act of June 7, 1924 (43 Stat. 636), and Pojoaque Basin and for rights to use water in (B) conduct judicial review of Federal agency the Pueblo Lands Act of May 31, 1933 (48 Stat. the Pojoaque Basin that the Pueblos, or the action; 108), and for breach of Trust relating to funds United States acting in its capacity as trustee (e) TOLLING OF CLAIMS.— for water replacement appropriated by said Acts for the Pueblos, might be able to otherwise as- (1) IN GENERAL.—Each applicable period of that first accrued before the date of enactment sert in any proceeding not initiated on or before limitation and time-based equitable defense re- of this Act; the date of enactment of this title, except to the lating to a claim described in this section shall (4) all claims against the United States, its be tolled for the period beginning on the date of extent that such rights are recognized in the agencies, or employees relating to the pending Settlement Agreement or this Act; enactment of this Act and ending on June 30, litigation of claims relating to the Pueblos’ 2021. (3) all claims for damages, losses or injuries to water rights in the Aamodt Case; and water rights or claims of interference with, di- (2) EFFECT OF SUBPARAGRAPH.—Nothing in (5) all claims against the United States, its this subsection revives any claim or tolls any pe- version or taking of water (including claims for agencies, or employees relating to the negotia- injury to land resulting from such damages, riod of limitation or time-based equitable defense tion, Execution or the adoption of the Settle- that expired before the date of enactment of this losses, injuries, interference with, diversion, or ment Agreement, exhibits thereto, the Partial taking) for land within the Pojoaque Basin that Act. Final Decree, the Final Decree, or this Act. (3) LIMITATION.—Nothing in this section pre- accrued at any time up to and including the ESERVATION OF RIGHTS AND RETENTION (c) R cludes the tolling of any period of limitations or waiver effectiveness date identified in section OF CLAIMS.—Notwithstanding the waivers and any time-based equitable defense under any 203(d); releases authorized in this Act, the Pueblos on other applicable law. (4) their defenses in the Aamodt Case to the behalf of themselves and their members and the claims previously asserted therein by other par- United States acting in its capacity as trustee SEC. 205. EFFECT. ties to the Settlement Agreement; for the Pueblos retain.— Nothing in this Act or the Settlement Agree- (5) all pending and future inter se challenges (1) all claims for enforcement of the Settlement ment affects the land and water rights, claims, to the quantification and priority of water Agreement, the Cost-Sharing and System Inte- or entitlements to water of any Indian tribe, rights of non-Pueblo wells in the Pojoaque gration Agreement, the Final Decree, including pueblo, or community other than the Pueblos. Basin, except as provided by section 2.8 of the the Partial Final Decree, the San Juan-Chama The SPEAKER pro tempore. After 1 Settlement Agreement; Project contract between the Pueblos and the hour of debate on the bill, as amended, (6) all pending and future inter se challenges United States or this Act; it shall be in order to consider the against other parties to the Settlement Agree- (2) all rights to use and protect water rights ment; acquired after the date of enactment of this Act; amendment printed in part B of House (7) all claims for damages, losses, or injuries to (3) all rights to use and protect water rights Report 111–399 if offered by the gen- water rights or claims of interference with, di- acquired pursuant to state law to the extent not tleman from California (Mr. MCCLIN- version or taking of water (including claims for inconsistent with the Partial Final Decree, TOCK) or his designee, which shall be injury to land resulting from such damages, Final Decree, and the Settlement Agreement; considered read, and shall be debatable losses, injuries, interference with, diversion, or (4) all claims against persons other than Par- for 10 minutes equally divided and con- taking of water) attributable to City of Santa Fe ties to the Settlement Agreement for damages, trolled by the proponent and an oppo- pumping of groundwater that has effects on the losses or injuries to water rights or claims of in- ground and surface water supplies of the terference with, diversion or taking of water (in- nent. Pojoaque Basin, provided that this waiver shall cluding claims for injury to lands resulting from The gentleman from West Virginia not be effective by the Pueblo of Tesuque unless such damages, losses, injuries, interference with, (Mr. RAHALL) and the gentleman from there is a water resources agreement executed diversion, or taking of water) within the Washington (Mr. HASTINGS) each will between the Pueblo of Tesuque and the City of Pojoaque Basin arising out of activities occur- control 30 minutes. Santa Fe; and ring outside the Pojoaque Basin; The Chair recognizes the gentleman (8) all claims for damages, losses, or injuries to (5) all claims relating to activities affecting from West Virginia. water rights or claims of interference with, di- the quality of water including any claims the version or taking of water (including claims for Pueblos may have under the Comprehensive En- GENERAL LEAVE injury to land resulting from such damages, vironmental Response, Compensation, and Li- Mr. RAHALL. Mr. Speaker, I ask losses, injuries, interference with, diversion, or ability Act of 1980 (42 U.S.C. 9601 et seq.) (in- unanimous consent that all Members

VerDate Nov 24 2008 01:20 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A21JA7.012 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE January 21, 2010 CONGRESSIONAL RECORD — HOUSE H285 may have 5 legislative days in which to Mr. HASTINGS of Washington. Mr. tions came without legal restrictions revise and extend their remarks and in- Speaker, I yield myself such time as I but instead were part of their home- sert extraneous material on H.R. 3342. may consume. land. The SPEAKER pro tempore. Is there The arguments that I made on the For many years these tribes have objection to the request of the gen- previous bill are exactly applicable to been treated as second-class citizens of tleman from West Virginia? this bill. So let me simply summarize. our great country, America. We have There was no objection. To summarize, I believe, and we believe taken their lands. We have taken their Mr. RAHALL. Mr. Speaker, I yield on this side, that settlement agree- resources, and we have even taken myself such time as I may consume. ments are in the best interests for all their water. But instead of com- We are now proceeding with the sec- parties involved. But there is an ele- plaining, these pueblos and tribes have ond of three bills to implement Indian ment that needs to be highlighted be- worked with the Federal Government water rights settlement agreements cause settlement agreements generally and the local governments to legally, being considered by this body today. at the end cost money, and the missing and I might add very costly, attempt The pending measure, like the previous part of these agreements on these three to acquire access to something that al- bill, is sponsored by our colleague BEN bills that we are considering today is, ways has been part of their lives, RAY LUJA´ N of New Mexico and cospon- What is the cost to the taxpayer? water. sored by MARTIN HEINRICH of that We need to have transparency when Members of these tribes across the State. we make that decision, and that deci- country today continue to work to sup- This legislation would settle the port their sovereign nations. They water rights of four pueblos in New sion, unfortunately, was not afforded work with the States and work with Mexico under an agreement with the to us in committee, and at the last the local partners who see the benefit State of New Mexico, Santa Fe County, minute, it was afforded to us in a very of the settlement not just for the tribal the city of Santa Fe, and individual ambiguous way. So it’s for that reason, communities but for the entire region. water users. It would end 44 years of while I support the claims settlements Mr. Speaker, I would like to say that active litigation involving over 2,500 as a general principle, not having all I have Colorado River Water Users As- defendants by ratifying the settlement the information, I must oppose this sociation’s 2010 resolutions, the West- agreement and funding a regional bill, as I did the last bill. And with the ern States Water Council, and the Na- water system for all water users in the next bill coming up, I will say essen- tional Congress of American Indians valley. tially the same thing. The previous bill we considered So with that, Mr. Speaker, I reserve here in support of this legislation, peo- would end 40 years of litigation. The the balance of my time. ple looking for local and regional solu- tions, just as we have been directing one we are currently considering would b 1115 end 44 years of litigation. I would say them to do. Mr. RAHALL. Mr. Speaker, I am to my colleagues that today we are Mr. Speaker, I have brought with me happy to yield such time as she may making history. The American people these resolutions so we can understand consume to the distinguished gentle- want certainty. During these tough that they have wide support, not only woman from California (Mrs. economic times, we all want to have from the Native American areas but NAPOLITANO), the chairlady of our certainty in our lives. But for many, a also from their neighbors and their Water and Power Subcommittee. long-year certainty with respect to friends within the area. Each of these Mrs. NAPOLITANO. Thank you, water has not been the case in the Rio organizations supports the settlement Chairman RAHALL and Ranking Mem- Grande watershed. Today we can pro- of Indian reserved water rights by ne- ber HASTINGS. vide that certainty. gotiation or agreement. They realize in The pending measure would secure You have heard about the three bills. order to plan for the future and for water to meet the current and future We are here today on these three pieces their economy, we need to provide cer- needs of the pueblos involved, protect of legislation that would settle the tainty to a basic human right, water. water users that make the region water rights of six Native American These resolutions are consistent with unique, preserve irrigation in the area, nations in New Mexico and Arizona. the administration’s views of sup- and provide water for all the region’s The people on these reservations in- porting collaborative negotiations as residents. As in the case of H.R. 3342, habit the same sacred lands as their fa- an inherent responsibility to Federal water rights settlements improve thers, their grandfathers, and many trustees to Indian tribes and their water management by providing cer- generations before. These three bills members. Most importantly, we can tainty not just to the quantification of would provide them with the water not, we must not forget that we are a tribe’s water rights but also to the that their ancestors were entitled to talking about Americans, Native water rights of all users. Certainty pro- but never received. Americans, human beings. These tribes vides opportunities for economic devel- We often take for granted the most and pueblos have done everything that opment, for Indian and non-Indians basic of our resources, water. The peo- we have asked of them and have taken alike. Where Indian water rights are ple of the pueblos and the high country the long walk to walk with the Federal unquantified, there is often tension and of Arizona never have. They under- Government’s legal restraints and now conflict between tribes and their neigh- stand the value of water and its impor- are in sight of securing for their people bors. The best settlements, like the tance in their cultures and well-being. a basic human right, water. ones before us today, replace tension Water is the lifeblood of these individ- After decades, these people have with collaboration, mutual inter- uals, and when they were assigned res- made huge efforts to play by the gov- dependence, and trust. ervations of land, their assumption was ernment rules to acquire rightful ac- I commend the team of LUJA´ N and that they would also have access to the cess to water that traditionally came HEINRICH for their hard work on this water they needed to survive. They with the land that they lived on. The matter. I again would acknowledge the were not, and hence for the last 140- price for these people has been high, long hours of work that have been put plus years, these individual Americans the walk long and filled with many dis- into this measure by the distinguished have been fighting for the right to this appointments and many empty prom- gentlewoman from California, GRACE most basic of resources, water. It is ises. NAPOLITANO, in her position as chair- time today for us to do something I ask that you support this legisla- woman for our Subcommittee on Water about this for these six native nations. tion today. Support it because these and Power. She has gone through Mr. Chairman, you mentioned Char- Native Americans have followed all of countless hours of hearings and discus- lie Dorame in your statement as an ex- the rules, procedures, and hurdles that sions and meetings on these bills. I ample of the type of dedication that our government has laid out. Support thank the four pueblos and their settle- has been made for these water rights the legislation because it is the right ment partners for their hard work and settlements and the subsequent legisla- thing to do and because it is supported dedication. tion. Leaders in each tribe and pueblo by all local community and regional With that, Mr. Speaker, I reserve the have invested many decades in trying water managers; and, most impor- balance of my time. to acquire water rights that for genera- tantly, because it is time to provide

VerDate Nov 24 2008 01:20 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K21JA7.016 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE H286 CONGRESSIONAL RECORD — HOUSE January 21, 2010 certainty to the tribes and the pueblos take advantage of existing funding author- proved by the President, will be funded with- and the people of New Mexico and Ari- izations, such as Title VI, Emergency Fund out a corresponding offset to some other zona that we can do right by them. At for Indian Safety and Health, of P.L. 110–293, tribe or essential Interior Department pro- the end of the day for this one precious by complying in a timely manner with Con- gram. gressional mandates and budgeting funds, resource, water, we can sit down and while continuing to explore and develop new THE NATIONAL CONGRESS OF AMERICAN INDI- appreciate doing the right thing for creative solutions to fund Indian water ANS RESOLUTION NO. DEN–07–069—USE OF them. rights settlements. THE RECLAMATION FUND FOR INDIAN WATER Water, Mr. Speaker, which you are RIGHTS SETTLEMENTS drinking, is running short in the U.S. RESOLUTION OF THE WESTERN STATES WATER WHEREAS, we, the members of the Na- We need to preserve it and take care of COUNCIL IN SUPPORT OF INDIAN WATER tional Congress of American Indians of the it, and none other more than our Na- RIGHTS SETTLEMENTS, OCTOBER 17, 2008 United States, invoking the divine blessing tive Americans love the Earth and WHEREAS, the Western States Water of the Creator upon our efforts and purposes, Council, an organization of eighteen western in order to preserve for ourselves and our de- what Mother Nature gives us. Help us scendants the inherent sovereign rights of pass this bill. states, and adjunct to the Western Gov- ernors’ Association has consistently sup- our Indian nations, rights secured under In- 2010 RESOLUTIONS ADOPTED BY THE RESOLU- ported negotiated settlement of Indian water dian treaties and agreements with the TIONS COMMITTEE OF THE COLORADO RIVER rights disputes; and United States, and all other rights and bene- WATER USERS ASSOCIATION, DECEMBER 9, WHEREAS, the public interest and sound fits to which we are entitled under the laws 2009 public policy require the resolution of Indian and Constitution of the United States, to en- * * * * * water rights claims in a manner that is least lighten the public toward a better under- * * * production. The federal government disruptive to existing uses of water; and standing of the Indian people, to preserve In- should pay for replacement power due to WHEREAS, negotiated quantification of dian cultural values, and otherwise promote operational changes for recreation, fishery Indian water rights claims is a highly desir- the health, safety and welfare of the Indian or the environment. able process which can achieve quantifica- people, do hereby establish and submit the 5. Reclamation-constructed and main- tions fairly, efficiently, and with the least following resolution; and tained water storage and conveyance sys- cost; and WHEREAS, the National Congress of tems situated throughout the Colorado River WHEREAS, the advantages of negotiated American Indians (NCAI) was established in Basin are critically important to the econo- settlements include: (i) the ability to be 1944 and is the oldest and largest national or- mies, the quality of life and the survival of flexible and to tailor solutions to the unique ganization of American Indian and Alaska the people who depend upon waters from the circumstances of each situation; (ii) the abil- Native tribal governments; and WHEREAS, the settlement of Indian water Basin. In order to avoid huge financial im- ity to promote conservation and sound water rights claims is one of the most important pacts associated with performing mainte- management practices; and (iii) the ability aspects of the United States’ trust obliga- nance that was deferred or making future re- to establish the basis for cooperative part- tions to Native Americans and is of vital im- pairs on an emergency basis, Congress should nerships between Indian and non-Indian com- munities; and portance to the country as a whole; and recognize and appropriate requisite funding WHEREAS, despite the Department of the WHEREAS, the successful resolution of to maintain aging, critically important Interior’s (DOI’s) long-standing policy favor- certain claims may require ‘‘physical solu- water project infrastructure in the Colorado ing the settlement of Indian water rights tions,’’ such as development of federal water River Basin and across the West. claims, the Administration has taken an in- projects and improved water delivery and ap- 6. Reclamation should immediately com- creasingly narrow and restrictive view of its plication techniques; and mence and fully implement the measures responsibility to fund Indian water rights WHEREAS, the United States has devel- identified in its Managing for Excellence ac- settlements; and oped many major water projects that com- tion plan, issued in response to the National WHEREAS, under current budgetary pol- pete for use of waters claimed by Indians and Research Council’s Managing Construction icy of the Administration, funding of Indian non-Indians, and has a responsibility to both and Infrastructure in the 21st Century Bu- water rights settlements must be offset by a to assist in resolving such conflicts; and reau of Reclamation report, including trans- corresponding reduction in some other dis- WHEREAS, the settlement of Native fer of operation and maintenance responsi- cretionary component of the DOI’s budget, American water claims, and land claims, is bility to project sponsors when they are ca- putting Indian tribes in the untenable posi- one of the most important aspects of the pable and willing to take over such responsi- tion of having to seek funding of these set- United States’ trust obligation to Native bility. tlements at the expense of some other tribe Americans and is of vital importance to the RESOLUTION NO. 2010–4—COLORADO RIVER or essential DOI program; and SALINITY CONTROL country as a whole; and WHEREAS, there are currently three In- WHEREAS, current budgetary policy dian water rights settlements affecting six The CRWUA urges continued funding and makes it difficult for the Administration, implementation of measures to control the tribes already signed and completed in New the states and the tribes to negotiate settle- Mexico for which federal funding is nec- salinity of the Colorado River. The Adminis- ments knowing that the settlements may tration should request and Congress should essary, including the Aamodt settlement, to not be funded because funding must be offset which the Pueblo of Tesuque is a signatory; provide sufficient funding for the Colorado by a corresponding reduction in some other River Basin Salinity Control Program. and tribe or essential Interior Department pro- WHEREAS, nationwide many other tribes RESOLUTION NO. 2010–5—SETTLEMENT OF INDIAN gram. are working on water settlements for which RESERVED RIGHTS NOW, THEREFORE, BE IT RESOLVED, federal funding is necessary; and The CRWUA supports the settlement of In- that the Western States Water Council reit- WHEREAS, under the Reclamation Act of dian reserved water rights by negotiation or erates its support for the policy of encour- June 17, 1902, the Reclamation Fund was en- agreement, recognizing that: aging negotiated settlements of Indian water visioned as the principal source of funds to 1. Settlements should result in the least rights disputes as the best solution to a crit- finance water development in the seventeen possible disruption of existing water uses ical problem that affects almost all of the western states, with revenues accruing from and the economies based on those uses, while Western States; and project water and power sales, project repay- at the same time providing the affected BE IT FURTHER RESOLVED, that the ments and receipts from public land sales, tribes with the firm water supplies required Western States Water Council urges the Ad- federal oil and mineral-related royalties, and to meet the long-term needs of the reserva- ministration to support its stated policy in other related sources; and tion inhabitants and to establish lasting favor of Indian land and water settlements WHEREAS, the unobligated balance in the tribal economies. with a strong fiscal commitment for mean- Reclamation Fund has grown annually in re- 2. The achievement of these objectives re- ingful federal contributions to these settle- cent years and should serve as a source of quires federally funded water projects de- ments that recognizes the trust obligations funding for Indian water rights settlements. signed to ensure that all of the tribal water of the United States government; and NOW THEREFORE BE IT RESOLVED, needs in the subject basin or watershed are BE IT FURTHER RESOLVED, that Con- that the NCAI does hereby support the pol- met. gress should explore opportunities to provide icy of encouraging negotiated settlements of 3. Appropriate participation of the Federal, funding for the Bureau of Reclamation to un- Indian water rights disputes as the best solu- State, local governmental and Tribal enti- dertake project construction related to set- tion to a critical problem that affects almost ties, and non-Indian water users in the set- tlements from revenues accruing to the Rec- all of the western states of the United tlement process is required for the success of lamation Fund, recognizing the existence of States; and any negotiated settlement. other legitimate needs that may be financed BE IT FURTHER RESOLVED, that the 4. Any water rights settlements that have by these reserves. NCAI urges the Administration to support been approved by the respective parties BE IT FURTHER RESOLVED, that steps its stated policy in favor of Indian water should be immediately and fully funded to be taken to change current budgetary policy rights settlements with a strong fiscal com- implement their terms within the specified to ensure that any land or water settlement, mitment for meaningful federal contribu- timeframes. The Federal Government must once authorized by the Congress and ap- tions to these settlements that recognizes

VerDate Nov 24 2008 01:20 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K21JA7.017 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE January 21, 2010 CONGRESSIONAL RECORD — HOUSE H287 the trust obligations of the United States residents encompassed by the settle- have the honor of representing con- government; and ment. That is what makes H.R. 3342, stituencies that include Native Ameri- BE IT FURTHER RESOLVED, that the the Aamodt Litigation Settlement Act cans and tribal communities. In New NCAI supports changing the current budg- etary policy to ensure that any Indian water of 2009, so important. Mexico there was a school project. rights settlement, once authorized by the I would like to submit for the They asked the kids to draw pictures Congress and approved by the President, will RECORD letters I have received from where they get their water from. Most be funded without a corresponding offset to the State of New Mexico, the County of kids in school districts across New some other tribe or essential DOI program; Santa Fe, the Rio Pojoaque Acequia Mexico drew pictures of water faucets and and Well Water Association, the going into water bottles, things of that BE IT FURTHER RESOLVED, that the Tesuque Acequia Association and oth- nature. There were children from Na- NCAI supports allocation of sources of rev- ers who have asked Congress to take a tive American communities who drew enue for the Reclamation Fund to be used to serious look at the importance of ap- fund Indian water rights settlements and re- pictures of their mother and fathers, spectfully requests that Congress and the proving these settlements because this brothers and sisters carrying water Administration support allocation of monies piece of legislation is so vital to the jugs to get water into their homes. from the Reclamation Fund or sources paid prolonged existence of culture and ag- They drew pictures of their fathers into it to fund Indian water rights settle- riculture in my district. driving pickup trucks with large water ments; and It has taken over 40 years, countless containers like you would to provide BE IT FURTHER RESOLVED, that the court proceedings, congressional hear- water to animals out on the range. NCAI commits to advocate to the Adminis- ings and mediations before this bill ar- I hope we don’t lose sight, Mr. Speak- tration, including the Office of Management rived at this point. The people of the and Budget, and Congress that the Reclama- er, of the fact that water is a very pre- Pojoaque Valley and surrounding com- tion Fund be used to fund Indian water cious resource and there are still many munities have debated and negotiated rights settlements; and people across this great Nation of ours this water settlement since the 1960s. BE IT FURTHER RESOLVED, that within who don’t have access to it. four months the NCAI will convene a special Parties have informed me, Mr. Speak- water rights meeting with affected tribes er, if legislative action does not move COUNTY OF SANTA FE, STATE OF NEW MEXICO, and invite key federal agencies to partici- forward, the Federal Court is prepared pate. After the initial meeting, NCAI will Santa Fe, NM, January 14, 2010. to resume legal proceedings on the un- Re Support for Aamodt Litigation Settle- convene a special water rights meeting at derlying Aamodt lawsuit. This litiga- least annually, and report progress to tribal ment Legislation. leaders on this resolution at every regular tion would have dire effects upon all Hon. BEN RAY LUJA´ N, meeting; and non-water rights holders in the basin Andrew Jones, Legislative Director, Cannon BE IT FINALLY RESOLVED, that this and incur tremendous court costs and House Office Bldg., House of Representa- resolution shall be the policy of NCAI until legal fees on American taxpayers. The tives, Washington, DC. it is withdrawn or modified by subsequent cost to the government of continued DEAR CONGRESSMAN LUJA´ N: On behalf of resolution. litigation would, and probably will, ex- Santa Fe County, I want to affirm the Coun- Mr. HASTINGS of Washington. Mr. ceed the cost of the settlement itself. ty’s strong support for the Aamodt Litiga- Speaker, I reserve the balance of my We heard today, Mr. Speaker, that tion Settlement Act (H.R. 3342). Santa Fe time. we did hear from the Attorney Gen- County expresses its great appreciation to Mr. RAHALL. Mr. Speaker, it is my eral’s office saying that they did prefer you for your continued support of the settle- pleasure to yield to the lead sponsor of this course of action to litigation. Sen- ment and urges your help in securing pas- sage of this very important legislation. this legislation, Mr. BEN RAY LUJA´ N. ators BINGAMAN and UDALL of New Mr. LUJA´ N. Mr. Speaker, I rise Mexico introduced legislation in the As I testified this past session before the today in support of H.R. 3342, the 110th Congress to enshrine this settle- House Subcommittee on Water and Power, Aamodt Litigation Settlement Act. Be- the settlement will achieve a fair and equi- ment and conducted hearings before table resolution of the difficult and en- fore I begin, I would like to thank the House Resources Committee and trenched water disputes that have plagued my colleagues on the Resource Com- the Senate Committee on Indian Af- the Pojoaque Valley for so many years. mittee: Chairman RAHALL; Chair- fairs. In the 111th Congress, New Mexi- Rather than defining winners and losers, the woman Napolitano; my colleague from co’s Senators and I reintroduced this settlement protects existing uses and allows New Mexico, Mr. HEINRICH; and Rank- bill with my colleague, MARTIN for future growth by careful management of ing Member HASTINGS. HEINRICH from New Mexico, with im- available water resources. At the same time, I also want to thank the Tesuque proved revisions that took the consid- it recognizes and safeguards time immemo- Acequia Association; David Ortiz and rial and senior use priorities of Pueblos and erations of the settlement parties into early Spanish acequias. The settlement also the Rio Pojoaque Acequia and Well account; and in doing so, we improved creates a reliable supply to more recent do- Water Association; D.L. Sanders and the settlement. mestic and commercial uses, and is flexible the office of the New Mexico State En- In September, additional hearings enough to account for changing uses in the gineer; Santa Fe County, the city of were held on this bill, and H.R. 3254 was future. Without settlement, I am certain val- Santa Fe; and the tribal leaders from supported at markup in the Natural ley residents will be subjected to intractable Nambe, Pojoaque, Tesuque and San Resources Committee by unanimous and divisive litigation for many years, fos- Ildefonso. Thank you for your hard and bipartisan support. This settle- tering regional conflict and leaving junior work over the past decade to reach ment is about people and the quality of water users at great risk of curtailment. these settlements. life in small rural communities. The Also, as I have previously testified, I recog- The testimony of the settlement par- future of this community depends on nize that some of my non-Pueblo constitu- ties and tough negotiations and debate the availability and dependability of a ents continue to be dissatisfied with the set- has made the consideration of these tlement. Consequently, the County will be water supply. This settlement ensures conducting a series of community outreach bills possible today. The parties to this just that. and settlement focus meetings in the coming settlement have worked for a very long Rather than continuing a course of months. We will do this even if the legisla- time to come up with solutions that costly litigation that could tear a com- tion is first enacted into law. The County are equitable and fair to all water users munity apart, I ask my colleagues to has contracted with the adjudication om- in the Pojoaque Valley, including trib- join me in voting to enact these settle- budsman program at the University of New al and non-tribal residents alike. ments. Thank you again for the leader- Mexico to facilitate the community outreach Our water resources are precious in ship to the members of the Sub- program. The purpose of the meetings will be New Mexico. Without a reliable water to hear public concerns and to provide infor- committee on Water and Power and the mation about the settlement. Ultimately, supply, we cannot improve human members of the Natural Resources the settlement must be accepted by the com- health, protect our cultures and tradi- Committee for their support. munity to succeed. tions, or grow our economies. This set- You know, Mr. Speaker, as we talk On behalf of Santa Fe County, I greatly ap- tlement will protect water resources, about water settlements going forward, preciate your help with this matter. advance the implementation of effec- I know that Democrats and Repub- Sincerely, tive water management, and ensure fu- licans from this side of the aisle and HARRY B. MONTOYA, ture access to water resources for all from the other side of the aisle, we all Santa Fe County Commissioner.

VerDate Nov 24 2008 02:50 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A21JA7.007 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE H288 CONGRESSIONAL RECORD — HOUSE January 21, 2010 RIO DE TESUQUE ACEQUIA ASSOCIATION, it resumes legislative business during the Mr. Speaker, the issue that we are Santa Fe, NM, January 18, 2010. week of January 18, 2010. As you know well, debating here is not the settlement ´ DEAR CONGRESSMEN LUJAN, TEAGUE AND this legislation would ratify the settlement claims per se. I think we all in this HEINRICH: As president of the board of direc- of a Federal lawsuit that was filed in 1966. House agree that if you can get agree- tors of the Rio De Tesuque Acequia Associa- The settlement itself subject to years of in- tion, I have been asked to reiterate our sup- tense negotiations by the State of New Mex- ment with parties involved in litiga- port for the proposed settlement agreement ico, the City and County of Santa Fe, the tion and come to agreement amongst of the long standing Aamodt water rights Pueblos of Nambe, Pojoaque, San Ildefonso, them, that is good policy. That has litigation, as per H.R. 3342. and Tesuque and others and was signed by very well been explained by my friends We represent 5 acequias and over 150 irriga- these parties in 2006. on the other side of the aisle. But what tion users (parciantes). We have worked with In addition to resolving the water claims is at issue here is the third part, and our neighbors at the Tesuque Pueblo for sev- of the Four Pueblos and providing certainty that is: Is this claim going to be bene- eral decades now and we all feel that the set- in terms of long-term water supplies in the tlement represents a good solution for both ficial to the taxpayers by not costing region, the centerpiece of H.R. 3342 is the the taxpayers more than if they went parties. construction of a regional water system that The settlement assures all parties a good will provide water for residential, municipal, through litigation? That is what the and reliable water supply for both the agricultural, and business uses and will serve issue is. It is very clear. acequias and the domestic users. As the Pueblo and non-Pueblo residents in the Now, the gentleman from New Mex- irrigators, we know the importance of this Pojoaque Basin. I feel compelled to remind ico just a moment ago said something and know that we cannot be serious about you that in the absence of congressional ac- to the effect that this would save the agriculture unless we know we have a reli- tion on H.R. 3342, the parties would return to taxpayers money by not going through able source of water. court and, given the priority of the Pueblos’ litigation. I would like to ask the gen- We appreciate your support and look for- water rights, the resulting ruling would like- ward to your vote in support of legislation tleman, and I will yield to the gen- ly be far more detrimental to the other tleman if he can provide me documents that will enable the settlement. water users in the Basin. Sincerely, Thank you for your commitment to set- as to that fact. I would be more than MARGO CUTLER, tling the Aamodt litigation and your strong happy to yield to the gentleman if he President. support for the citizens of the Pojoaque can provide that to me. Basin. Mr. LUJA´ N. I appreciate the ranking Santa Fe, NM, January 18, 2010. Sincerely, member from the Natural Resources Re H.R. 3342, The Aamodt Litigation Settle- MEADE P. MARTIN, Committee yielding to me. ment Act. Vice President, Rio Pojoaque Acequia Mr. Speaker, what we have here is Hon. BEN RAY LUJA´ N, and Water Well Users Association. clear language on the dockets of the Cannon House Office Building, State of New Mexico that has been ex- Washington, DC. POJOAQUE VALLEY pressed by many of the parties which DEAR REPRESENTATIVE LUJA´ N: I write in IRRIGATION DISTRICT, strong support of H.R. 3342, The Aamodt Santa Fe, NM, January 14, 2010. encouraged them to go to litigation, Litigation Settlement Act. As you know, my Hon. BEN RAY LUJA´ N, that very much do hold—that senior Administration has been instrumental in Attention Andrew Jones, Legislative Director, water rights holders in the State of bringing the interested parties together to House of Representatives, Washington, DC. New Mexico, which these tribal com- reach a settlement and potential closure to DEAR REPRESENTATIVE LUJA´ N: On behalf of munities are, do hold senior water this matter. I have witnessed the extraor- the 18 acequia associations and over 700 rights. dinary effort that all of the parties have ex- water users that comprise the Pojoaque Val- Mr. HASTINGS of Washington. Re- erted to successfully resolve some of the ley Irrigation District, I am writing to you claiming my time, Mr. Speaker, the most contentious issues related to the to reiterate our strong support for the question I asked the gentleman was Aamodt litigation. The parties’ commitment Aamodt Litigation Settlement Act (H.R. to resolution is commendable and should be 3342), legislation you introduced in July 2009 about a statement that he made that it recognized. Should Congress not pass this and favorably reported by the Committee on would be more costly to go through Act, it will not only be disappointing to all Natural Resources on January 12, 2010. litigation than to settlement. I asked involved but could also open all of the par- I understand the House of Representatives the gentleman very specifically if he ties up to more litigation and costly delay. will consider this important legislation when has documentation to that effect. And For its part, New Mexico stands ready to it resumes legislative business during the so I hope that the gentleman would re- meet its obligations under any settlement. week of January 18, 2010. As you know well, spond to me on that point because that Through legislation that I supported and ul- this legislation would ratify the settlement is the difference in this debate on this timately signed into law, the State has al- of a Federal lawsuit that was filed in 1966. ready committed in statute $1.0 million in bill and the last bill. The settlement itself subject to years of in- I would be more than happy to yield bonding authority as part of the State’s tense negotiations by the State of New Mex- share of any settlement. As such, the State ico, the City and County of Santa Fe, the to the gentleman if he has that docu- is ready to assist in the implementation of mentation. Pueblos of Nambe, Pojoaque, San Ildefonso, ´ any settlement achieved through the passage and Tesuque and others and was signed by Mr. LUJAN. Mr. Speaker, as we are of H.R. 3342. these parties in 2006. talking about the importance of how Passage of this bill would not only end In addition to resolving the water claims we can achieve cost savings to tax- more than forty years of contentious litiga- of the Four Pueblos and providing certainty payers across the country, it is impor- tion, but would render a conclusion that is in terms of long-term water supplies in the tant that we understand the laws and amendable to many. I urge you and your col- region, the centerpiece of H.R.3342 is the con- leagues to pass H.R. 332 and I offer any sup- the protections that are held to those struction of a regional water system that individuals that are senior water rights port that you may need to achieve this wor- will provide water for residential, municipal, thy goal. agricultural, and business uses and will serve users, which clearly is the reason why Sincerely, the Pueblo and non-Pueblo residents in the so many people could be impacted. And BILL RICHARDSON, Pojoaque Basin. I feel compelled to remind as litigation continues, the cost of liti- Governor. you that in the absence of congressional ac- gation adds additional cost to the tax- tion on H.R. 3342, the parties would return to payers of the country. RIO POJOAQUE ACEQUIA court and, given the priority of the Pueblos’ Mr. HASTINGS of Washington. Mr. AND WATER WELL USERS ASSOCIATION, water rights, the resulting ruling would like- Speaker, I want to interrupt. January 14, 2010. ly be far more detrimental to the other Do you have documentation to that Hon. BEN RAY LUJA´ N, water users in the Basin. point? We asked the Department of Attention Andrew Jones, Legislative Director, Thank you for your commitment to set- House of Representatives, Washington, DC. tling the Aamodt litigation and your strong Justice specifically on that point, and DEAR REPRESENTATIVE LUJAN: On behalf of support for the citizens of the Pojoaque they have not responded. Do you have the Rio Pojoaque Acequia and Water Well Basin. documentation on that point? Listen, Users Association, I am writing to you to re- Sincerely, if this saves the taxpayer money, I am iterate our strong support for the Aamodt DAVID ORTIZ, totally in favor of it. All we are asking Litigation Settlement Act (H.R. 3342), legis- Chairman, is for that documentation. If the gen- lation you introduced in July 2009 and favor- Pojoaque Valley Irrigation. ably reported by the Committee on. Natural tleman has it, please provide it. Does Resources on January 12, 2010. Mr. HASTINGS of Washington. Mr. the gentleman have it? I understand the House of Representatives Speaker, I yield myself such time as I I yield to the gentleman from New will consider this important legislation when may consume. Mexico.

VerDate Nov 24 2008 02:50 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A21JA7.014 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE January 21, 2010 CONGRESSIONAL RECORD — HOUSE H289 Mr. LUJA´ N. Mr. Speaker, it is clear system. That system will be jointly op- holding a law that restricts political that I don’t have the response that my erated by Santa Fe County, along with speech in certain media or by certain ranking member colleague may be the four northern New Mexico Pueblos, speakers.’’ This is a great day, Mr. looking for. But his counsel may in- and provide a great deal of certainty to Speaker. This is a great day. The Court form him as well as our counsel has in- all Rio Grande water users. Sixty per- said, ‘‘Differential treatment of media formed us that some of that docu- cent of its capacity will deliver water corporations and other corporations mentation is not public record at this to the Pueblos, 40 percent will go to cannot be squared with the first time. With that, I tried to answer the the county water utility. amendment, and there is no support for question, but I apologize to the rank- This legislation has been a genera- the view that the amendment’s origi- ing member that we are not able to tion or more in the making, and I look nal meaning would permit suppressing provide the answer that the ranking forward to its long-awaited contribu- media corporations’ political speech.’’ member may be looking for. tion to the well-being of the Pueblos The SPEAKER pro tempore. The Mr. HASTINGS of Washington. Re- and the future of the entire State of time of the gentleman has expired. claiming my time, Mr. Speaker, I just New Mexico. Mr. HASTINGS of Washington. I want to emphasize, this is the core I would urge my colleagues’ support. yield the gentleman an additional 30 point. The gentleman just said he Mr. HASTINGS of Washington. Mr. seconds. doesn’t have it, and yet we are being Speaker, I am pleased to yield 3 min- Mr. DANIEL E. LUNGREN of Cali- asked here, Members of the U.S. House, utes to the gentleman from California fornia. It is said that their previous de- representing everybody in this coun- (Mr. DANIEL E. LUNGREN). cision in Austin allows ‘‘censorship try, taxpayers who may not be in- Mr. DANIEL E. LUNGREN of Cali- that is vast in its reach, suppressing volved with this, to pass judgment and fornia. Mr. Speaker, I rise in support of the speech of both for-profit and non- support this settlement agreement the idea of transparency in this and in profit, both small and large, corpora- when we don’t know if the cost is bene- all things. I think that some observers tions.’’ ficial or not. That’s the issue. may not appreciate the issues that are Earlier this week the people of Mas- I would hope, as I said in my closing before us when we are dealing with In- sachusetts reminded us that here the remarks on the first bill, when we have dian rights, whether it is settlement or people prevail, that the Constitution future settlements coming forward we something else, because of the unique starts with the words, ‘‘We, the peo- can have this information, full trans- situation of Native Americans in the ple.’’ That despite what the pundits parency, Mr. Speaker, in committee so United States and how the relationship say, despite what special interests say, we don’t have to go through this drill that we have with the Indian Nations is the people prevail. Today the Supreme on the floor and go back and forth and as a result directly of the Constitution Court said the people can speak. It is a then unfortunately have somebody say of the United States. great day. we don’t have this documentation. Often it is good for us to remind our- Mr. RAHALL. Mr. Speaker, I have no Mr. Speaker, that’s the issue here. selves of the first principles involved further requests for time, and I am pre- We are not arguing about the benefits when we are dealing with these issues. pared to yield back the balance of my of the claims. I am sure that they are And therefore, Mr. Speaker, I would time. very good. There have been long nego- like to also mention that today, in a Mr. HASTINGS of Washington. Mr. tiations. blow for freedom, in a tremendous ac- Speaker, if I understand, the gen- Mr. Speaker, I reserve the balance of tion of a return to first principles tleman will be the last speaker. I know my time. under the Constitution, the United my friend Mr. MCCLINTOCK is not going Mr. RAHALL. Mr. Speaker, I am States Supreme Court finally got it to offer his amendment. So I will close happy once again to yield such time as right. The United States Supreme and I will yield myself the balance of he may consume to the cosponsor of Court, in the case of Citizens United v. the time by simply saying, Mr. Speak- this litigation, the gentleman from Federal Election Commission, finally er, that the issue here is not the bene- New Mexico (Mr. HEINRICH). focused on the first amendment and fits of these settlements. We think Mr. HEINRICH. Mr. Speaker, I am talked about the essence of the first those settlements are good. The one very pleased to stand in solidarity with amendment being political speech. element that we have a question on is my colleague, Representative BEN RAY We have been distracted so often in what is the cost to the taxpayer? I LUJA´ N, in bringing this very chal- other decisions by the Court that they think that is a very, very legitimate lenging chapter in New Mexico history have lost in many times their focus on issue for us in the U.S. House to con- to a close. I also want to thank Chair- the fact that the first amendment is in sider. man RAHALL and Chairwoman essence a protection of our political So with that reason, as I mentioned Napolitano for their support of this speech. And today they overruled a earlier, I have to reluctantly oppose all settlement. previous case where they had wandered three of these bills. And I would hope The Aamodt water rights litigation from that. They said to us that Con- in the future at the committee level we is literally the oldest active case in our gress cannot in fact make choices be- can have this full transparency on fu- Nation’s Federal Court, literally older tween preferred speakers and nonpre- ture settlements that we will inevi- than myself and my colleague. Since ferred speakers, preferred organiza- tably have in this Congress. 1966, these communities have waited tions and nonpreferred organizations. With that, Mr. Speaker, I urge my for a resolution to this case. The bill And here is one of the kernels of colleagues to vote ‘‘no’’ on this bill, here before us represents the culmina- truth contained in today’s majority and I yield back the balance of my tion of decades of hard work and dif- opinion. ‘‘Political speech is so in- time. ficult compromise by the effective grained in this country’s culture that Mr. RAHALL. Mr. Speaker, just to stakeholders to negotiate an agree- speakers find ways around campaign fi- conclude and reiterate what I have al- ment that meets each community’s nance laws.’’ That oftentimes in this ready said, that 44 years of litigation is long-term needs. body we, in the effort to try and far too long, 40 years of litigation is far cleanse the political system from the too long. We all know the tremendous b 1130 possibility of people who might take costs involved in litigation to the Fed- During the committee hearings we undue advantage of it, render political eral taxpayer, the amount of salaries heard from representatives of local, speech to the sidelines. And the Court paid to judges, lawyers. We could go on State, and Pueblo governments. And I has said the people are smarter than and on about the costs that the tax- want to commend each of them for that. They can get around that, and payer ends up bearing over some 44 their enduring efforts to achieve this therefore we ought to attempt to allow years of litigation, longer time period settlement. the full flowering of political speech. than Moses spent in the desert. So with The Aamodt water settlement will The Court also said this. ‘‘Rapid that, I would say that this bill is cer- enable the Secretary of Interior, changes to technology—and the cre- tainly economical to the American through the Bureau of Reclamation, to ative dynamic inherent in the concept taxpayers, and I would urge its pas- create a long-awaited regional water of free expression—counsel against up- sage.

VerDate Nov 24 2008 01:20 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K21JA7.019 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE H290 CONGRESSIONAL RECORD — HOUSE January 21, 2010 I yield back the balance of my time. (3) the Tribe, non-Indian communities located (E) any pumping plant or appurtenant works The SPEAKER pro tempore. All time near the reservation of the Tribe, and other Ari- of a feature described in any of subparagraphs for debate on the bill has expired. zona water users have entered into the WMAT (A) through (D); and The Chair understands that the Water Rights Quantification Agreement— (F) any extension of, addition to, or replace- (A) to permanently quantify the water rights ment for a feature described in any of subpara- amendment will not be offered. of the Tribe, members of the Tribe, and the graphs (A) through (E). Pursuant to House Resolution 1017, United States in its capacity as trustee for the (9) CAP WATER.—The term ‘‘CAP water’’ the previous question is ordered on the Tribe and members in accordance with the means ‘‘Project Water’’ (as that term is defined bill, as amended. Agreement; and in the repayment stipulation). The question is on the engrossment (B) to seek funding, in accordance with appli- (10) CONTRACT.—The term ‘‘Contract’’ and third reading of the bill. cable law, for the implementation of the Agree- means— (A) the proposed contract between the Tribe The bill was ordered to be engrossed ment; (4) it is the policy of the United States to and the United States attached as exhibit 7.1 to and read a third time, and was read the the Agreement and numbered 08–XX–30–W0529; third time. quantify and settle Indian water rights claims, and to promote Indian self-determination and and The SPEAKER pro tempore. The economic self-sufficiency, without lengthy and (B) any amendments to that contract. (11) DISTRICT.—The term ‘‘District’’ means the question is on the passage of the bill. costly litigation, if practicable; Central Arizona Water Conservation District, a The question was taken; and the (5) certainty concerning the extent of the political subdivision of the State that is the con- Speaker pro tempore announced that water rights of the Tribe will— tractor under the repayment contract. the ayes appeared to have it. (A) provide opportunities for economic devel- (12) ENFORCEABILITY DATE.—The term ‘‘en- opment of all parties to the proceeding; and Mr. RAHALL. Mr. Speaker, on that I forceability date’’ means the date described in (B) assist the Tribe to achieve self-determina- demand the yeas and nays. section 9(d)(1). tion and self-sufficiency; and The yeas and nays were ordered. (13) INDIAN TRIBE.—The term ‘‘Indian tribe’’ The SPEAKER pro tempore. Pursu- (6) in keeping with the trust responsibility of has the meaning given the term in section 4 of the United States to Indian tribes, and to pro- ant to clause 8 of rule XX, further pro- the Indian Self-Determination and Education mote tribal sovereignty and economic self-suffi- Assistance Act (25 U.S.C. 450b). ceedings on this question will be post- ciency, it is appropriate that the United States poned. (14) INJURY TO WATER RIGHTS.— implement the Agreement. (A) IN GENERAL.—The term ‘‘injury to water f (b) PURPOSES.—The purposes of this Act are— rights’’ means an interference with, diminution (1) to authorize, ratify, and confirm the of, or deprivation of, a water right under Fed- WHITE MOUNTAIN APACHE TRIBE Agreement; WATER RIGHTS QUANTIFICATION eral, State, or other law. (2) to authorize and direct the Secretary to (B) INCLUSIONS.—The term ‘‘injury to water ACT OF 2009 execute the Agreement and carry out all obliga- rights’’ includes— Mr. RAHALL. Mr. Speaker, pursuant tions of the Secretary under the Agreement; (i) a change in the groundwater table; and (3) to authorize the actions and appropria- to House Resolution 1017, I call up the (ii) any effect of such a change. tions necessary for the United States to meet the (C) EXCLUSION.—The term ‘‘injury to water bill (H.R. 1065) to resolve water rights obligations of the United States under the rights’’ does not include any injury to water claims of the White Mountain Apache Agreement and this Act; and quality. Tribe in the State of Arizona, and for (4) to permanently resolve certain damage (15) LOWER COLORADO RIVER BASIN DEVELOP- other purposes, and ask for its imme- claims and all water rights claims among— MENT FUND.—The term ‘‘Lower Colorado River diate consideration in the House. (A) the Tribe and its members; Basin Development Fund’’ means the fund es- The Clerk read the title of the bill. (B) the United States in its capacity as trustee tablished by section 403 of the Colorado River The SPEAKER pro tempore. Pursu- for the Tribe and its members; Basin Project Act (43 U.S.C. 1543). (C) the parties to the Agreement; and (16) OFF-RESERVATION TRUST LAND.—The term ant to House Resolution 1017, the bill is (D) all other claimants in the proceedings re- ‘‘off-reservation trust land’’ means land— considered read. ferred to in subsection (a)(1). (A) located outside the exterior boundaries of The amendment in the nature of a SEC. 3. DEFINITIONS. the reservation that is held in trust by the substitute printed in the bill, modified In this Act: United States for the benefit of the Tribe as of by the amendment printed in part C of (1) AGREEMENT.—The ‘‘Agreement’’ means— the enforceability date; and House Report 111–399, is adopted. (A) the WMAT Water Rights Quantification (B) depicted on the map attached to the The text of the bill, as amended, is as Agreement dated January 13, 2009; and Agreement as exhibit 2.57. (17) OPERATING AGENCY.—The term ‘‘Oper- (B) any amendment or exhibit (including ex- follows: ating Agency’’ means the 1 or more entities au- hibit amendments) to that agreement that are— H.R. 1065 thorized to assume responsibility for the care, (i) made in accordance with this Act; or operation, maintenance, and replacement of the Be it enacted by the Senate and House of Rep- (ii) otherwise approved by the Secretary. CAP system. resentatives of the United States of America in (2) BUREAU.—The term ‘‘Bureau’’ means the (18) REPAYMENT CONTRACT.—The term ‘‘re- Congress assembled, Bureau of Reclamation. SECTION 1. SHORT TITLE. payment contract’’ means— (3) CAP.—The term ‘‘CAP’’ means the rec- (A) the contract between the United States This Act may be cited as the ‘‘White Moun- lamation project authorized and constructed by and the District for delivery of water and repay- tain Apache Tribe Water Rights Quantification the United States in accordance with title III of ment of the costs of the CAP, numbered 14–06– Act of 2009’’. the Colorado River Basin Project Act (43 U.S.C. W–245 (Amendment No. 1), and dated December SEC. 2. FINDINGS AND PURPOSES. 1521 et seq.). 1, 1988; and (a) FINDINGS.—Congress finds that— (4) CAP CONTRACTOR.—The term ‘‘CAP con- (B) any amendment to, or revision of, that (1) proceedings to determine the nature and tractor’’ means an individual or entity that has contract. extent of the water rights of the White Moun- entered into a long-term contract (as that term (19) REPAYMENT STIPULATION.—The term ‘‘re- tain Apache Tribe, members of the Tribe, the is used in the repayment stipulation) with the payment stipulation’’ means the stipulated United States, and other claimants are pending United States for delivery of water through the judgment and the stipulation for judgment (in- in— CAP system. cluding any exhibits to those documents) en- (A) the consolidated civil action in the Supe- (5) CAP FIXED OM&R CHARGE.—The term tered on November 21, 2007, in the United States rior Court of the State of Arizona for the Coun- ‘‘CAP fixed OM&R charge’’ has the meaning District Court for the District of Arizona in the ty of Maricopa styled In re the General Adju- given the term in the repayment stipulation. consolidated civil action styled Central Arizona dication of All Rights To Use Water In The Gila (6) CAP M&I PRIORITY WATER.—The term Water Conservation District v. United States, et River System and Source, W–1 (Salt), W–2 ‘‘CAP M&I priority water’’ means the CAP al., and numbered CIV 95–625–TUC–WDB (EHC) (Verde), W–3 (Upper Gila), W–4 (San Pedro); water having a municipal and industrial deliv- and CIV 95–1720–PHX–EHC. and ery priority under the repayment contract. (20) RESERVATION.— (B) the civil action pending in the Superior (7) CAP SUBCONTRACTOR.—The term ‘‘CAP (A) IN GENERAL.—The term ‘‘reservation’’ Court of the State of Arizona for the County of subcontractor’’ means an individual or entity means the land within the exterior boundary of Apache styled In re the General Adjudication of that has entered into a long-term subcontract the White Mountain Indian Reservation estab- All Rights to Use Water in the Little Colorado (as that term is used in the repayment stipula- lished by the Executive order dated November 9, River System and Source and numbered CIV– tion) with the United States and the District for 1871, as modified by subsequent Executive orders 6417; the delivery of water through the CAP system. and Acts of Congress— (2) a final resolution of those proceedings (8) CAP SYSTEM.—The term ‘‘CAP system’’ (i) known on the date of enactment of this Act might— means— as the ‘‘Fort Apache Reservation’’ pursuant to (A) take many years; (A) the Mark Wilmer Pumping Plant; the Act of June 7, 1897 (30 Stat. 62, chapter 3); (B) entail great expense; and (B) the Hayden-Rhodes Aqueduct; and (C) prolong uncertainty concerning the avail- (C) the Fannin-McFarland Aqueduct; (ii) generally depicted on the map attached to ability of water supplies; (D) the Tucson Aqueduct; the Agreement as exhibit 2.81.

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(B) NO EFFECT ON DISPUTE OR AS ADMISSION.— (1) shall be held in trust by the United States SEC. 6. CONTRACT. The depiction of the reservation described in in perpetuity; and (a) IN GENERAL.—The Secretary shall enter subparagraph (A)(ii) shall not— (2) shall not be subject to forfeiture or aban- into the Contract, in accordance with the Agree- (i) be used to affect any dispute between the donment. ment, to provide, among other things, that— Tribe and the United States concerning the legal (b) REALLOCATION.— (1) the Tribe, on approval of the Secretary, boundary of the reservation; and (1) IN GENERAL.—In accordance with this Act may— (ii) constitute an admission by the Tribe with and the Agreement, the Secretary shall reallo- (A) enter into contracts or options to lease, regard to any dispute between the Tribe and the cate to the Tribe, and offer to enter into a con- contracts to exchange, or options to exchange United States concerning the legal boundary of tract with the Tribe for the delivery in accord- tribal CAP water in Maricopa, Pinal, Pima, and the reservation. ance with this section of— Yavapai Counties in the State providing for the (21) SECRETARY.—The term ‘‘Secretary’’ means (A) an annual entitlement to 23,782 acre-feet temporary delivery to any individual or entity the Secretary of the Interior. per year of CAP water that has a non-Indian of any portion of the tribal CAP water, subject (22) STATE.—The term ‘‘State’’ means the agricultural delivery priority (as defined in the to the condition that— State of Arizona. Contract) in accordance with section (i) the term of the contract or option to lease (23) TRIBAL CAP WATER.—The term ‘‘tribal 104(a)(1)(A)(iii) of the Arizona Water Settle- shall not be longer than 100 years; CAP water’’ means the CAP water to which the ments Act (Public Law 108–451; 118 Stat. 3488), (ii) the contracts or options to exchange shall Tribe is entitled pursuant to the Contract. of which— be for the term provided in the contract or op- (24) TRIBAL WATER RIGHTS.—The term ‘‘tribal (i) 3,750 acre-feet per year shall be firmed by tion; and water rights’’ means the water rights of the the United States for the benefit of the Tribe for (iii) a lease or option to lease providing for the Tribe described in paragraph 4.0 of the Agree- the 100-year period beginning on January 1, temporary delivery of tribal CAP water shall re- ment. 2008, with priority equivalent to CAP M&I pri- quire the lessee to pay to the Operating Agency (25) TRIBE.—The term ‘‘Tribe’’ means the ority water, in accordance with section all CAP fixed OM&R charges and all CAP White Mountain Apache Tribe organized under 105(b)(1)(B) of that Act (118 Stat. 3492); and pumping energy charges (as defined in the re- section 16 of the Act of June 18, 1934 (commonly (ii) 3,750 acre-feet per year shall be firmed by payment stipulation) associated with the leased known as the ‘‘Indian Reorganization Act’’) (25 the State for the benefit of the Tribe for the 100- water; and U.S.C. 476). year period beginning on January 1, 2008, with (B) renegotiate any lease at any time during the term of the lease, subject to the condition (26) WATER RIGHT.—The term ‘‘water right’’ priority equivalent to CAP M&I priority water, means any right in or to groundwater, surface in accordance with section 105(b)(2)(B) of that that the term of the renegotiated lease shall not water, or effluent under Federal, State, or other Act (118 Stat. 3492); and exceed 100 years; (2) no portion of the tribal CAP water may be law. (B) an annual entitlement to 1,218 acre-feet permanently alienated; (27) WMAT RURAL WATER SYSTEM.—The term per year of the water— (3)(A) the Tribe (and not the United States in ‘‘WMAT rural water system’’ means the munic- (i) acquired by the Secretary through the per- any capacity) shall be entitled to all consider- ipal, rural, and industrial water diversion, stor- manent relinquishment of the Harquahala Val- ation due to the Tribe under any contract or op- age, and delivery system described in section 7. ley Irrigation District CAP subcontract entitle- tion to lease or exchange tribal CAP water en- (28) YEAR.—The term ‘‘year’’ means a cal- ment in accordance with the contract numbered 3–07–30–W0290 among the District, Harquahala tered into by the Tribe; and endar year. (B) the United States (in any capacity) has no Valley Irrigation District, and the United SEC. 4. APPROVAL OF AGREEMENT. trust or other obligation to monitor, administer, States; and (a) APPROVAL.— (ii) converted to CAP Indian Priority water or account for, in any manner— (1) IN GENERAL.—Except to the extent that (i) any funds received by the Tribe as consid- (as defined in the Contract) pursuant to the any provision of the Agreement conflicts with a eration under a contract or option to lease or Fort McDowell Indian Community Water Rights provision of this Act, the Agreement is author- exchange tribal CAP water; or ized, ratified, and confirmed. Settlement Act of 1990 (Public Law 101–628; 104 (ii) the expenditure of those funds; Stat. 4480). (2) AMENDMENTS.—Any amendment to the (4)(A) all tribal CAP water shall be delivered (2) AUTHORITY OF TRIBE.—Subject to approval Agreement is authorized, ratified, and con- through the CAP system; and by the Secretary under section 6(a)(1), the Tribe firmed, to the extent that such an amendment is (B) if the delivery capacity of the CAP system shall have the sole authority to lease, distribute, executed to make the Agreement consistent with is significantly reduced or anticipated to be sig- exchange, or allocate the tribal CAP water de- this Act. nificantly reduced for an extended period of scribed in paragraph (1). (b) EXECUTION OF AGREEMENT.—To the extent time, the Tribe shall have the same CAP delivery (c) WATER SERVICE CAPITAL CHARGES.—The that the Agreement does not conflict with this rights as a CAP contractor or CAP subcon- Tribe shall not be responsible for any water Act, the Secretary shall— tractor that is allowed to take delivery of water service capital charge for tribal CAP water. (1) execute the Agreement (including signing other than through the CAP system; (d) ALLOCATION AND REPAYMENT.—For the any exhibit to the Agreement requiring the sig- (5) the Tribe may use tribal CAP water on or purpose of determining the allocation and re- nature of the Secretary); and off the reservation for any purpose; payment of costs of any stages of the CAP con- (2) execute any amendment to the Agreement (6) as authorized by subsection (f)(2)(A) of structed after November 21, 2007, the costs asso- necessary to make the Agreement consistent section 403 of the Colorado River Basin Project ciated with the delivery of water described in with this Act. Act (43 U.S.C. 1543) and to the extent that funds subsection (b), regardless of whether the water (c) NATIONAL ENVIRONMENTAL POLICY ACT.— are available in the Lower Colorado River Basin is delivered for use by the Tribe or in accord- (1) ENVIRONMENTAL COMPLIANCE.—In imple- Development Fund established by subsection (a) ance with any assignment, exchange, lease, op- menting the Agreement, the Secretary shall of that section, the United States shall pay to tion to lease, or other agreement for the tem- promptly comply with all applicable require- the Operating Agency the CAP fixed OM&R porary disposition of water entered into by ments of— charges associated with the delivery of tribal Tribe, shall be— (A) the National Environmental Policy Act of CAP water (except in the case of tribal CAP (1) nonreimbursable; and 1969 (42 U.S.C. 4321 et seq.); water leased by any individual or entity); (2) excluded from the repayment obligation of (B) the Endangered Species Act of 1973 (16 (7) the Secretary shall waive the right of the the District. U.S.C. 1531 et seq.); Secretary to capture all return flow from project (e) WATER CODE.—Not later than 18 months (C) all other applicable Federal environmental exchange water flowing from the exterior after the enforceability date, the Tribe shall boundary of the reservation; and laws; and enact a water code that— (D) all regulations promulgated under the (8) no CAP water service capital charge shall (1) governs the tribal water rights; and be due or payable for the tribal CAP water, re- laws described in subparagraphs (A) through (2) includes, at a minimum— (C). gardless of whether the water is delivered for (A) provisions requiring the measurement, cal- use by the Tribe or pursuant to a contract or op- (2) EXECUTION OF AGREEMENT.— culation, and recording of all diversions and de- (A) IN GENERAL.—Execution of the Agreement tion to lease or exchange tribal CAP water en- pletions of water on the reservation and on off- tered into by the Tribe. by the Secretary under this section shall not reservation trust land; constitute a major Federal action under the Na- (b) REQUIREMENTS.—The Contract shall be— (B) terms of a water conservation plan, in- (1) for permanent service (within the meaning tional Environmental Policy Act of 1969 (42 cluding objectives, conservation measures, and of section 5 of the Boulder Canyon Project Act U.S.C. 4321 et seq.). an implementation timeline; (43 U.S.C. 617d)); and NVIRONMENTAL COMPLIANCE.—The Sec- (B) E (C) provisions requiring the approval of the (2) without limit as to term. retary shall carry out all necessary environ- Tribe for the severance and transfer of rights to (c) RATIFICATION.— mental compliance required by Federal law in the use of water from historically irrigated land (1) IN GENERAL.—Except to the extent that implementing the Agreement. identified in paragraph 11.3.2.1 of the Agree- any provision of the Contract conflicts with a (3) LEAD AGENCY.—The Bureau shall serve as ment to diversions and depletions on other non- provision of this Act, the Contract is authorized, the lead agency with respect to ensuring envi- historically irrigated land not located on the ratified, and confirmed. ronmental compliance associated with the watershed of the same water source; and (2) AMENDMENTS.—Any amendment to the WMAT rural water system. (D) provisions requiring the authorization of Contract is authorized, ratified, and confirmed, SEC. 5. WATER RIGHTS. the Tribe for all diversions of water on the res- to the extent that such an amendment is exe- (a) TREATMENT OF TRIBAL WATER RIGHTS.— ervation and on off-reservation trust land by cuted to make the Contract consistent with this The tribal water rights— any individual or entity other than the Tribe. Act.

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(d) EXECUTION OF CONTRACT.—To the extent be planned and constructed to a size that is suf- lution of any dispute between the Tribe and the that the Contract does not conflict with this ficient to meet the municipal, rural, and indus- United States over the location of the reserva- Act, the Secretary shall execute the Contract. trial water supply requirements of the WMAT tion boundary, and any fee land within the res- (e) PAYMENT OF CHARGES.—The Tribe, and rural water system service area during the pe- ervation put into trust and made part of the res- any recipient of tribal CAP water through a riod beginning on the date of enactment of this ervation, shall be subject to the maximum an- contract or option to lease or exchange, shall Act and ending not earlier than December 31, nual diversion amounts and the maximum an- not be obligated to pay a water service capital 2040. nual depletion amounts specified in the Agree- charge or any other charge, payment, or fee for (e) TITLE.— ment. CAP water, except as provided in an applicable (1) IN GENERAL.—Title to the WMAT rural (c) NO RECOGNITION OF WATER RIGHTS.—Not- lease or exchange agreement. water system shall be held in trust by the United withstanding subsection (a), nothing in this Act (f) PROHIBITIONS.— States in its capacity as trustee for the Tribe. has the effect of recognizing or establishing any (1) USE OUTSIDE STATE.—No tribal CAP water (2) CONVEYANCE TO TRIBE.—The Secretary right of a member of the Tribe to water on the may be leased, exchanged, forborne, or other- may convey to the Tribe title to the WMAT reservation. wise transferred by the Tribe in any way for use rural water system after publication by the Sec- SEC. 9. WAIVER AND RELEASE OF CLAIMS. directly or indirectly outside the State. retary in the Federal Register of a statement of (a) IN GENERAL.—– (2) USE OFF RESERVATION.—Except as author- findings that— (1) CLAIMS AGAINST THE STATE AND OTHERS.— ized by this section and paragraph 4.7 of the (A) the designers’ operating criteria, standing Except as provided in subsection (b)(1), the Agreement, no tribal water rights under this Act operating procedures, emergency action plan, Tribe, on behalf of itself and its members, and may be sold, leased, transferred, or used outside and first filling and monitoring criteria are es- the United States, acting in its capacity of trust- the boundaries of the reservation or off-reserva- tablished and in place, and the WMAT rural ee for the Tribe and its members, as part of the tion trust land other than pursuant to an ex- water system has been declared substantially performance of their obligations under the change. complete; Agreement, are authorized to execute a waiver (3) AGREEMENTS WITH ARIZONA WATER BANK- (B) the funds authorized to be appropriated and release of any claims against the State (or ING AUTHORITY.—Nothing in this Act or the under section 12(b)(3)(B) have been appro- any agency or political subdivision of the State), Agreement limits the right of the Tribe to enter priated and deposited in the WMAT Mainte- or any other person, entity, corporation, or mu- into an agreement with the Arizona Water nance Fund; and nicipal corporation under Federal, State, or Banking Authority established by section 45– (C) the Tribe has been operating successfully other law for all— 2421 of the Arizona Revised Statutes (or any under the established standing operating proce- (A)(i) past, present, and future claims for successor entity), in accordance with State law. dures for a period of 5 calendar years. water rights for the reservation and off-reserva- (g) LEASES.— (3) ALIENATION AND TAXATION.—Conveyance tion trust land arising from time immemorial (1) IN GENERAL.—To the extent the leases of of title to the Tribe pursuant to paragraph (2) tribal CAP Water by the Tribe to the District and, thereafter, forever; and does not waive or alter any applicable Federal (ii) past, present, and future claims for water and to any of the cities, attached as exhibits to law prohibiting alienation or taxation of the the Agreement, are not in conflict with the pro- rights arising from time immemorial and, there- WMAT rural water system or the underlying after, forever, that are based on aboriginal occu- visions of this Act— reservation land. (A) those leases are authorized, ratified, and pancy of land by the Tribe, its members, or their (f) TECHNICAL ASSISTANCE.—The Secretary predecessors; confirmed; and shall provide such technical assistance as is nec- (B) the Secretary shall execute the leases. (B)(i) past and present claims for injury to essary to enable the Tribe to plan, design, con- water rights for the reservation and off-reserva- (2) AMENDMENTS.—To the extent that amend- struct, operate, maintain, and replace the ments are executed to make the leases described tion trust land arising from time immemorial WMAT rural water system, including operation through the enforceability date; in paragraph (1) consistent with this Act, those and management training. amendments are authorized, ratified, and con- (ii) past, present, and future claims for injury (g) APPLICABILITY OF ISDEAA.— firmed. to water rights arising from time immemorial (1) AGREEMENT FOR SPECIFIC ACTIVITIES.—On and, thereafter, forever, that are based on ab- SEC. 7. AUTHORIZATION OF RURAL WATER SYS- receipt of a request of the Tribe, and in accord- TEM. original occupancy of land by the Tribe and its ance with the Indian Self-Determination and members, or their predecessors; and (a) IN GENERAL.—Subject to the availability of Education Assistance Act (25 U.S.C. 450 et seq.), appropriations, the Secretary, acting through (iii) claims for injury to water rights arising the Secretary shall enter into an agreement with after the enforceability date for the reservation the Bureau, shall plan, design, construct, oper- the Tribe to carry out the activities authorized ate, maintain, replace, and rehabilitate the and off-reservation trust land resulting from by this section. off-reservation diversion or use of water in a WMAT rural water system as generally de- (2) CONTRACTS.—Any contract entered into scribed in the project extension report dated manner not in violation of the Agreement or pursuant to the Indian Self-Determination and State law; and February 2007. Education Assistance Act (25 U.S.C. 450 et seq.) (b) COMPONENTS.—The WMAT rural water (C) past, present, and future claims arising for the purpose of carrying out any provision of out of or relating in any manner to the negotia- system under subsection (a) shall consist of— this Act shall incorporate such provisions re- (1) a dam and storage reservoir, pumping tion, execution, or adoption of the Agreement, garding periodic payment of funds, timing for plant, and treatment facilities located along the an applicable settlement judgement or decree, or use of funds, transparency, oversight, reporting, North Fork White River near the community of this Act. and accountability as the Secretary determines Whiteriver; (2) CLAIMS AGAINST TRIBE.—Except as pro- to be necessary (at the sole discretion of the Sec- (2) pipelines extending from the water treat- vided in subsection (b)(3), the United States, in retary) to ensure appropriate stewardship of ment plants to existing water distribution sys- all its capacities (except as trustee for an Indian Federal funds. tems serving the Whiteriver, Carrizo, and tribe other than the Tribe), as part of the per- (h) CONDITION.—As a condition of construc- Cibecue areas, together with other communities formance of its obligations under the Agreement, tion of the facilities authorized by this section, along the pipeline; is authorized to execute a waiver and release of the Tribe shall provide, at no cost to the Sec- (3) connections to existing distribution facili- any and all claims against the Tribe, its mem- retary, all land or interests in land, as appro- ties, including public and private water systems bers, or any agency, official, or employee of the priate, that the Secretary identifies as being in existence on the date of enactment of this Tribe, under Federal, State, or any other law necessary for those facilities. Act; for all— (i) OPERATION AND MAINTENANCE.—Subject to (4) appurtenant buildings and access roads; (A) past and present claims for injury to (5) electrical power transmission and distribu- the availability of appropriations as provided water rights resulting from the diversion or use tion facilities necessary for services to rural for in section 12(e), the Secretary, acting of water on the reservation and on off-reserva- water system facilities; through the Bureau, shall operate and maintain tion trust land arising from time immemorial (6) all property and property rights necessary the WMAT rural water system until the date on through the enforceability date; for the facilities described in this subsection; which title to the WMAT rural water system is (B) claims for injury to water rights arising and conveyed to the Tribe pursuant to subsection after the enforceability date resulting from the (7) such other project components as the Sec- (e)(2). diversion or use of water on the reservation and retary determines to be appropriate to meet the SEC. 8. SATISFACTION OF CLAIMS. on off-reservation trust land in a manner not in water supply, economic, public health, and en- (a) IN GENERAL.—The benefits realized by the violation of the Agreement; and vironmental needs of the portions of the reserva- Tribe and its members under this Act shall be in (C) past, present, and future claims arising tion served by the WMAT rural water system, full satisfaction of all claims of the Tribe and its out of or related in any manner to the negotia- including water storage tanks, water lines, and members for water rights and injury to water tion, execution, or adoption of the Agreement, other facilities for the Tribe and the villages and rights, except as set forth in the Agreement, an applicable settlement judgement or decree, or towns on the reservation. under Federal, State, or other law with respect this Act. (c) SERVICE AREA.—The service area of the to the reservation and off-reservation trust (3) CLAIMS AGAINST UNITED STATES.—Except as WMAT rural water system shall be as described land. provided in subsection (b)(2), the Tribe, on be- in the Project Extension report dated February (b) USES OF WATER.—All uses of water on half of itself and its members, as part of the per- 2007. land outside of the reservation, if and when formance of the obligations of the Tribe under (d) CONSTRUCTION REQUIREMENTS.—The com- such land is subsequently and finally deter- the Agreement, is authorized to execute a waiver ponents of the WMAT rural water system shall mined to be part of the reservation through reso- and release of any claim against the United

VerDate Nov 24 2008 01:20 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 4634 Sfmt 6333 E:\CR\FM\A21JA7.008 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE January 21, 2010 CONGRESSIONAL RECORD — HOUSE H293 States, including agencies, officials, or employ- bers of the Tribe under the Agreement or this (ii) water from that land is transported off the ees of the United States (except in the capacity Act in any Federal or State court of competent land for municipal or industrial use; of the United States as trustee for other Indian jurisdiction; (G) to assert any claims arising after the en- tribes), under Federal, State, or other law for (ii) to assert claims for injuries to, and seek forceability date for injury to water rights not any and all— enforcement of, the rights of the Tribe under the specifically waived under this section; (A)(i) past, present, and future claims for judgment and decree entered by the court in the (H) to assert any other claims not specifically water rights for the reservation and off-reserva- Gila River adjudication proceedings; waived under this section; and tion trust land arising from time immemorial (iii) to assert claims for injuries to, and seek (I) to assert any claim arising after the en- and, thereafter, forever; and enforcement of, the rights of the Tribe under the forceability date for a future taking by the (ii) past, present, and future claims for water judgment and decree entered by the court in the United States of reservation land, off-reserva- rights arising from time immemorial and, there- Little Colorado River adjudication proceedings; tion trust land, or any property rights appur- after, forever that are based on aboriginal occu- (iv) to object to any claims by or for any other tenant to that land, including any water rights pancy of land by the Tribe, its members, or their Indian tribe, Indian community or nation, or set forth in paragraph 4.0 of the Agreement. predecessors; dependent Indian community, or the United (3) RESERVATION OF RIGHTS AND RETENTION OF (B)(i) past and present claims relating in any States on behalf of such a tribe, community, or CLAIMS BY UNITED STATES.—Notwithstanding manner to damages, losses, or injuries to water, nation; the waiver and release of claims authorized water rights, land, or other resources due to loss (v) to participate in the Gila River adjudica- under subsection (a)(2), the United States shall of water or water rights (including damages, tion proceedings and the Little Colorado River retain any right to assert any claim not specifi- losses, or injuries to hunting, fishing, gathering, adjudication proceedings to the extent provided cally waived in that subsection. or cultural rights due to loss of water or water in subparagraph 14.1 of the Agreement; (c) EFFECTIVENESS OF WAIVER AND RE- (vi) to assert any claims arising after the en- rights, claims relating to interference with, di- LEASES.—Except as otherwise specifically pro- forceability date for injury to water rights not version, or taking of water, or claims relating to vided in subparagraphs (E) and (F) of sub- specifically waived under this section; section (a)(3), the waivers and releases under failure to protect, acquire, or develop water, (vii) to assert any past, present, or future subsection (a) shall become effective on the en- water rights, or water infrastructure) within the claim for injury to water rights against any forceability date. reservation and off-reservation trust land that other Indian tribe, Indian community or nation, (d) ENFORCEABILITY DATE.— first accrued at any time prior to the enforce- dependent Indian community, allottee, or the (1) IN GENERAL.—This section takes effect on ability date; United States on behalf of such a tribe, commu- (ii) past, present, and future claims for injury the date on which the Secretary publishes in the nity, nation, or allottee; and Federal Register a statement of findings that— to water rights arising from time immemorial (viii) to assert any past, present, or future (A)(i) to the extent the Agreement conflicts and, thereafter, forever that are based on ab- claim for trespass, use, and occupancy of the with this Act, the Agreement has been revised original occupancy of land by the Tribe, its reservation in, on, or along the Black River through an amendment to eliminate the conflict; members, or their predecessors; and against Freeport-McMoRan Copper & Gold, and (iii) claims for injury to water rights arising Inc., Phelps Dodge Corporation, or Phelps after the enforceability date for the reservation (ii) the Agreement, as so revised, has been exe- Dodge Morenci, Inc. (or a predecessor or suc- cuted by the Secretary, the Tribe, and the Gov- and off-reservation trust land resulting from the cessor of those entities), including all subsidi- off-reservation diversion or use of water in a ernor of the State; aries and affiliates of those entities. (B) the Secretary has fulfilled the require- manner not in violation of the Agreement or ap- (B) AGREEMENT.—On terms acceptable to the ments of sections 5 and 6; plicable law; Tribe and the United States, the Tribe and the (C) the amount authorized by section 12(a) (C) past, present, and future claims arising United States are authorized to enter into an has been deposited in the White Mountain out of or relating in any manner to the negotia- agreement with Freeport-McMoRan Copper & Apache Tribe Water Rights Settlement Sub- tion, execution, or adoption of the Agreement, Gold, Inc., Phelps Dodge Corporation, or Phelps account; an applicable settlement judgment or decree, or Dodge Morenci, Inc. (or a predecessor or suc- this Act; (D) the State funds described in subparagraph cessor of those entities), including all subsidi- 13.3 of the Agreement have been deposited in the (D) past and present claims relating in any aries and affiliates of those entities, to resolve manner to pending litigation of claims relating White Mountain Apache Tribe Water Rights the claims of the Tribe relating to the trespass, Settlement Subaccount; to the water rights of the Tribe for the reserva- use, and occupancy of the reservation in, on, tion and off-reservation trust land; (E) the Secretary has issued a record of deci- and along the Black River. sion approving the construction of the WMAT (E) past and present claims relating to the op- (2) RESERVATION OF RIGHTS AND RETENTION OF rural water system in a configuration substan- eration, maintenance, and replacement of exist- CLAIMS BY TRIBE AGAINST UNITED STATES.—Not- tially similar to that described in section 7; and ing irrigation systems on the reservation con- withstanding the waiver and release of claims (F) the judgments and decrees substantially in structed prior to the enforceability date that authorized under subsection (a)(3), the Tribe, on the form of those attached to the Agreement as first accrued at any time prior to the enforce- behalf of itself and the members of the Tribe, exhibits 12.9.6.1 and 12.9.6.2 have been approved ability date, which waiver shall only become ef- shall retain any right— by the respective trial courts. fective on the full appropriation and payment to (A) subject to subparagraph 16.9 of the Agree- (2) FAILURE OF ENFORCEABILITY DATE TO the Tribe of $4,950,000 authorized by section ment, to assert claims for injuries to, and seek OCCUR.—If, because of the failure of the en- 12(b)(2)(B); enforcement of, the rights of the Tribe and mem- forceability date to occur by April 30, 2020, this (F) future claims relating to operation, main- bers under the Agreement or this Act, in any section does not become effective, the Tribe and tenance, and replacement of the WMAT rural Federal or State court of competent jurisdiction; water system, which waiver shall only become (B) to assert claims for injuries to, and seek its members, and the United States, acting in the effective on the full appropriation of funds au- enforcement of, the rights of the Tribe and mem- capacity of trustee for the Tribe and its mem- thorized by section 12(b)(3)(B) and the deposit bers under the judgment and decree entered by bers, shall retain the right to assert past, of those funds in the WMAT Maintenance the court in the Gila River adjudication pro- present, and future water rights claims and Fund; ceedings; claims for injury to water rights for the reserva- (G) past and present breach of trust and neg- (C) to assert claims for injuries to, and seek tion and off-reservation trust land. ligence claims for damage to the land and nat- enforcement of, the rights of the Tribe and mem- (3) NO RIGHTS TO WATER.—On the occurrence ural resources of the Tribe caused by riparian bers under the judgment and decree entered by of the enforceability date, all land held by the and other vegetative manipulation by the the court in the Little Colorado River adjudica- United States in trust for the Tribe and its mem- United States for the purpose of increasing tion proceedings; bers shall have no rights to water other than water runoff from the reservation that first ac- (D) to object to any claims by or for any other those specifically quantified for the Tribe and crued at any time prior to the enforceability Indian tribe, Indian community or nation, de- the United States, acting in the capacity of date; and pendent Indian community, or the United States trustee for the Tribe and its members, for the (H) past and present claims for trespass, use, on behalf of such a tribe, community, or nation; reservation and off-reservation trust land pur- and occupancy of the reservation in, on, and (E) to assert past, present, or future claims for suant to paragraph 4.0 of the Agreement. along the Black River that first accrued at any injury to water rights or any other claims other (e) UNITED STATES ENFORCEMENT AUTHOR- time prior to the enforceability date. than a claim to water rights, against any other ITY.—Nothing in this Act or the Agreement af- (b) RESERVATION OF RIGHTS AND RETENTION Indian tribe, Indian community or nation, de- fects any right of the United States to take any OF CLAIMS.— pendent Indian community, or the United States action, including environmental actions, under (1) RESERVATION OF RIGHTS AND RETENTION OF on behalf of such a tribe, community, or nation; any laws (including regulations and the com- CLAIMS BY TRIBE AND UNITED STATES.— (F) to assert claims arising after the enforce- mon law) relating to human health, safety, or (A) IN GENERAL.—Notwithstanding the waiver ability date for injury to water rights resulting the environment. and release of claims authorized under sub- from the drilling of wells or pumping of water (f) NO EFFECT ON WATER RIGHTS.—Except as section (a)(1), the Tribe, on behalf of itself and from land located within national forest land as provided in paragraphs (1)(A)(ii), (1)(B)(ii), the members of the Tribe, and the United States, of the effective date of the Agreement in the (3)(A)(ii), and (3)(B)(ii) of subsection (a), noth- acting as trustee for the Tribe and members of south 1⁄2 of T. 9 N., R. 24 E.; south 1⁄2 of T. 9 N., ing in this Act affects any rights to water of the the Tribe, shall retain any right— R. 25 E.; north 1⁄2 of T. 8 N., R. 24 E.; north 1⁄2 Tribe, its members, or the United States acting (i) subject to subparagraph 16.9 of the Agree- of T. 8 N., R. 25 E., if— as trustee for the Tribe and members, for land ment, to assert claims for injuries to, and seek (i) title to that land is no longer retained by outside the boundaries of the reservation or the enforcement of, the rights of the Tribe and mem- the United States; or off-reservation trust land.

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(g) ENTITLEMENTS.—Any entitlement to water (i) reasonable; and (c) LIMITATION ON LIABILITY OF UNITED of the Tribe, its members, or the United States (ii) consistent with this Act. STATES.— acting as trustee for the Tribe and members, re- (5) ANNUAL REPORTS.—The Tribe shall submit (1) IN GENERAL.—The United States shall have lating to the reservation or off-reservation trust to the Secretary an annual report that describes no trust or other obligation— land shall be satisfied from the water resources each expenditure from the White Mountain (A) to monitor, administer, or account for, in granted, quantified, confirmed, or recognized Apache Tribe Water Rights Settlement Sub- any manner, any amount paid to the Tribe by with respect to the Tribe, members, and the account during the year covered by the report. any party to the Agreement other than the United States by the Agreement and this Act. (c) PROHIBITION ON PER CAPITA DISTRIBU- United States; or (h) OBJECTION PROHIBITED.—Except as pro- TIONS.—No amount of the principal, or the in- (B) to review or approve the expenditure of vided in subsection (b)(2)(F), the Tribe and the terest or income accruing on the principal, of those funds. United States acting as trustee for the Tribe the White Mountain Apache Tribe Water Rights (2) INDEMNIFICATION.—The Tribe shall indem- shall not— Settlement Subaccount shall be distributed to nify the United States, and hold the United (1) object to the usage of any well located out- any member of the Tribe on a per capita basis. States harmless, with respect to any claim (in- side the boundaries of the reservation or the off- (d) AVAILABILITY OF FUNDS.— cluding claims for takings or breach of trust) reservation trust land, as in existence on the en- (1) IN GENERAL.—Amounts in the White arising out of the receipt or expenditure of forceability date; or Mountain Apache Tribe Water Rights Settle- funds described in paragraph (1)(A). (2) object to, dispute, or challenge after the ment Subaccount shall not be available for ex- (d) APPLICABILITY OF RECLAMATION REFORM enforceability date the drilling of any well or penditure or withdrawal by the Tribe until the ACT.—The Reclamation Reform Act of 1982 (43 the withdrawal and use of water from any well enforceability date. U.S.C. 390aa et seq.) and any other acreage limi- in the Little Colorado River adjudication pro- (2) INVESTMENT.—The Secretary shall invest tation or full-cost pricing provision under Fed- ceedings, the Gila River adjudication pro- the amounts in the White Mountain Apache eral law shall not apply to any individual, enti- ceedings, or any other judicial or administrative Tribe Water Rights Settlement Subaccount in ty, or land solely on the basis of— proceeding. accordance with section 403(f)(4) of the Colo- (1) receipt of any benefit under this Act; (2) the execution or performance of the Agree- SEC. 10. WHITE MOUNTAIN APACHE TRIBE WATER rado River Basin Project Act (43 U.S.C. RIGHTS SETTLEMENT SUBACCOUNT. ment; or 1543(f)(4)). (a) ESTABLISHMENT.—There is established in (3) the use, storage, delivery, lease, or ex- SE OF INTEREST.—The interest accrued on the Lower Colorado River Basin Development (3) U change of CAP water. Fund a subaccount to be known as the ‘‘White amounts invested under paragraph (2) shall not (e) SECRETARIAL POWER SITES.—The portions Mountain Apache Tribe Water Rights Settle- be available for expenditure or withdrawal until of the following named secretarial power site re- ment Subaccount’’, consisting of— the later of— serves that are located on the Fort Apache In- (1) the amounts made available under sub- (A) November 1, 2019; and dian Reservation or the San Carlos Apache Res- section (e); (B) the enforceability date. ervation, as applicable, shall be transferred and (2) the amounts appropriated to the sub- (e) LOWER COLORADO RIVER BASIN DEVELOP- restored into the name of the Tribe or the San account pursuant to subsections (a) and (d) of MENT FUND.— Carlos Apache Tribe, respectively: section 12, as applicable; and (1) IN GENERAL.—Of amounts in the Lower (1) Lower Black River (T. 3 N., R. 26 E.; T. 3 (3) such other amounts as are available in- Colorado River Basin Development Fund made N., R. 27 E.). cluding the funds provided in subparagraph 13.3 available under section 403(f)(2)(D)(vi) of the (2) Black River Pumps (T. 2 N., R. 25 E.; T. 2 of the Agreement. Colorado River Basin Project Act (43 U.S.C. N., R. 26 E.; T. 3 N., R. 26 E.). (b) EXPENDITURES AND WITHDRAWALS.— 1543(f)(D)(vi)), an amount equal to the dif- (3) Carrizo (T. 4 N., R. 20 E.; T. 4 N., R. 21 E.; (1) CONTRACTS.— ference between the balance of the White Moun- T. 41⁄2 N., R. 19 E.; T. 41⁄2 N., R. 20 E.; T. 41⁄2 N., (A) IN GENERAL.—The Tribe may withdraw tain Apache Tribe Settlement Subaccount (as of R. 21 E.; T. 5 N., R. 19 E.). any portion of the White Mountain Apache November 1, 2019), and the amount authorized (4) Knob (T. 5 N., R. 18 E.; T. 5 N., R. 19 E.). Tribe Water Rights Settlement Subaccount on to be appropriated under section 12(a)(1), but (5) Walnut Canyon (T. 5 N., R. 17 E.; T. 5 N., approval by the Secretary pursuant to the terms not to exceed $100,000,000, shall be deposited, R. 18 E.). of an agreement entered into under section 7(g). without further appropriation, in the White (6) Gleason Flat (T. 41⁄2 N., R. 16 E.; T. 5 N., (B) REQUIREMENTS.—An agreement entered Mountain Apache Tribe Settlement Subaccount. R. 16 E.). into under section 7(g) shall require that the (2) AVAILABILITY OF FUNDS.—The funds au- (f) NO EFFECT ON FUTURE ALLOCATIONS.— Tribe shall use the amounts in the White Moun- thorized to be deposited in the White Mountain Water received under a lease or exchange of tain Apache Tribe Water Rights Settlement Sub- Apache Tribe Settlement Subaccount pursuant tribal CAP water under this Act shall not affect account only for the planning, design, and con- to paragraph (1) shall not be available for ex- any future allocation or reallocation of CAP struction of the rural water system, including penditure or withdrawal until the later of— water by the Secretary. such sums as are necessary— (g) AFTER-ACQUIRED TRUST LAND.— (i) for the Bureau to carry out oversight of the (A) November 1, 2019; and (1) REQUIREMENT OF ACT OF CONGRESS.— planning, design, and construction of the rural (B) the enforceability date. (A) LEGAL TITLE.—After the enforceability SEC. 11. MISCELLANEOUS PROVISIONS. water system; date, if the Tribe seeks to have legal title to ad- (ii) to repay any outstanding balance on the (a) LIMITED WAIVER OF SOVEREIGN IMMU- ditional land in the State of Arizona located loan authorized by the White Mountain Apache NITY.— outside the exterior boundaries of the reserva- Tribe Rural Water System Loan Authorization (1) IN GENERAL.—In the case of a civil action tion taken into trust by the United States for its Act (Public Law 110-390; 122 Stat. 4191); and described in paragraph (2)— benefit, the Tribe may do so only pursuant to an (iii) to carry out all required environmental (A) the United States or the Tribe, or both, Act of Congress specifically authorizing the compliance activities associated with the plan- may be joined in the civil action; and transfer for the benefit of the Tribe. ning, design, and construction of the rural (B) any claim by the United States or the (B) EXCEPTIONS.—Subparagraph (A) shall not water system. Tribe to sovereign immunity from the civil ac- (2) ENFORCEMENT.—The Secretary may pursue apply to— tion is waived for the sole purpose of resolving (i) restoration of land to the reservation sub- such judicial remedies and carry out such ad- any issue regarding the interpretation or en- ministrative actions as are necessary to enforce sequently and finally determined to be part of forcement of this Act or the Agreement. the reservation through resolution of any dis- an agreement described in paragraph (1) to en- (2) DESCRIPTION OF CIVIL ACTION.—A civil ac- sure that amounts in the White Mountain pute between the Tribe and the United States tion referred to in paragraph (1) is a civil action over the location of the reservation boundary Apache Tribe Water Rights Settlement Sub- filed— account are used in accordance with this sec- unless required by Federal law; or (A) by any party to the Agreement or signa- (ii) off-reservation trust land acquired prior to tion. tory to an exhibit to the Agreement in a United (3) LIABILITY.—On withdrawal by the Tribe of January 1, 2008. States or State court that— amounts in the White Mountain Apache Tribe (2) WATER RIGHTS.— (i) relates solely and directly to the interpreta- Water Rights Settlement Subaccount, the Sec- (A) IN GENERAL.—Under this section, after-ac- tion or enforcement of this Act or the Agree- retary and the Secretary of the Treasury shall quired trust land outside the reservation shall ment; and not retain liability for the expenditure or invest- not include federally reserved rights to surface ment of those amounts. (ii) names as a party the United States or the water or groundwater. (4) EXPENDITURE PLAN.— Tribe; or (B) RESTORED LAND.—Land restored to the (A) IN GENERAL.—The Tribe shall submit to (B) by a landowner or water user in the Gila reservation as the result of resolution of any the Secretary for approval an expenditure plan River basin or Little Colorado River basin in the reservation boundary dispute between the Tribe for any portion of the amounts in the sub- State that— and the United States, or any fee simple land account under this section that the Tribe does (i) relates solely and directly to the interpreta- within the reservation that are placed into not withdraw pursuant to this subsection. tion or enforcement of section 9 of this Act and trust, shall have water rights pursuant to sec- (B) DESCRIPTION.—The expenditure plan shall paragraph 12.0 of the Agreement; and tion 8(b). describe the manner in which, and the purposes (ii) names as a party the United States or the (3) ACCEPTANCE OF LAND IN TRUST STATUS.— for which, the amounts remaining in the sub- Tribe. (A) IN GENERAL.—If the Tribe acquires legal account will be used. (b) EFFECT OF ACT.—Nothing in this Act fee title to land that is located within the exte- (C) APPROVAL.—The Secretary shall approve quantifies or otherwise affects any water right rior boundaries of the reservation, the Secretary an expenditure plan under this paragraph if the or claim or entitlement to water of any Indian shall accept the land in trust status for the ben- Secretary determines that the plan is— tribe, band, or community other than the Tribe. efit of the Tribe in accordance with applicable

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Federal law (including regulations) for such (A) the Act of April 1, 1880 (25 U.S.C. 161); (3) SUBSEQUENT TRANSFER.—Effective begin- real estate acquisitions. and ning on January 1, 2012, if the Secretary deter- (B) RESERVATION STATUS.—Land taken or (B) the first section of the Act of June 24, 1938 mines that, on an annual basis, the amount au- held in trust by the Secretary under paragraph (25 U.S.C. 162a). thorized to be appropriated under subsection (a) (3), or restored to the reservation as a result of (5) AVAILABILITY OF AMOUNTS FROM FUNDS.— will not be appropriated and deposited in the resolution of a boundary dispute between the Amounts in the Funds shall be available for ex- White Mountain Apache Tribe Water Rights Tribe and the United States, shall be deemed to penditure or withdrawal only after the enforce- Settlement Subaccount by October 31, 2012, not be part of the reservation. ability date in accordance with subsection (g). more than $50,000,000 of the amounts in the (h) CONFORMING AMENDMENT.—Section 3(b)(2) (6) EXPENDITURE AND WITHDRAWAL.— Emergency Fund for Indian Safety and Health of the White Mountain Apache Tribe Rural (A) TRIBAL MANAGEMENT PLAN.— shall be transferred to the White Mountain Water System Loan Authorization Act (Public (i) IN GENERAL.—The Tribe may withdraw all Apache Tribe Water Rights Settlement Sub- Law 110–390; 122 Stat. 4191) is amended by strik- or part of amounts in the Funds on approval by account, as necessary to complete the WMAT ing ‘‘January 1, 2013’’ and inserting ‘‘May 1, the Secretary of a tribal management plan as rural water system project. 2020’’. described in the American Indian Trust Fund (4) LIMITATION.—The total amount trans- Management Reform Act of 1994 (25 U.S.C. 4001 SEC. 12. AUTHORIZATION OF APPROPRIATIONS. ferred from the Emergency Fund for Indian et seq.). (a) RURAL WATER SYSTEM.— Safety and Health to the White Mountain (ii) REQUIREMENTS.—In addition to the re- (1) IN GENERAL.—There is authorized to be ap- Apache Tribe Water Rights Settlement Sub- quirements under the American Indian Trust propriated for the planning, engineering, de- account under paragraphs (2) and (3) shall not Fund Management Reform Act of 1994 (25 sign, environmental compliance, and construc- exceed $100,000,000. U.S.C. 4001 et seq.), a tribal management plan tion of the WMAT rural water system (e) OPERATION, MAINTENANCE, AND REPLACE- under this subparagraph shall require that the $126,193,000. MENT.— Tribe shall spend any amounts withdrawn from (1) IN GENERAL.—There is authorized to be ap- (2) INCLUSIONS.—The amount authorized to be the Funds in accordance with the purposes de- propriated to the Secretary $2,500,000 for the op- appropriated under paragraph (1) shall include scribed in paragraph (2)(C) or (3)(C). eration, maintenance, and replacement costs of such sums as are necessary, but not to exceed 4 (iii) ENFORCEMENT.—The Secretary may take the WMAT rural water system, to remain avail- percent of construction contract costs, for the judicial or administrative action to enforce the able until the conditions described in subsection Bureau to carry out oversight of activities for provisions of a tribal management plan under (g) have been met. planning, design, environmental compliance, this subparagraph to ensure that any amounts (2) SUBSEQUENT FUNDING.—Beginning on No- and construction of the rural water system. withdrawn from the Funds under the plan are vember 1, 2019, or the enforceability date, (b) WMAT SETTLEMENT AND MAINTENANCE used in accordance with this Act and the Agree- whichever is later, the Tribe or the Secretary, as FUNDS.— ment. applicable, may use amounts deposited in the (1) DEFINITION OF FUNDS.—In this subsection, (iv) LIABILITY.—If the Tribe exercises the WMAT Maintenance Fund under subsection the term ‘‘Funds’’ means— right to withdraw amounts from the Funds, nei- (b)(3)(B) for operation, maintenance, and re- (A) the WMAT Settlement Fund established ther the Secretary nor the Secretary of the placement costs of the WMAT rural water sys- by paragraph (2)(A); and Treasury shall retain any liability for the ex- tem. (B) the WMAT Maintenance Fund established penditure or investment of the amounts. (f) COST OVERRUNS.—On a determination by by paragraph (3)(A). (B) EXPENDITURE PLAN.— the Secretary that the amount authorized to be (2) WMAT SETTLEMENT FUND.— (i) IN GENERAL.—The Tribe shall submit to the appropriated under subsection (a) is not suffi- (A) ESTABLISHMENT.—There is established in Secretary for approval an expenditure plan for cient for the completion of the WMAT rural the Treasury of the United States a fund to be any portion of the amounts in the Funds that water system, there are authorized to be appro- known as the ‘‘WMAT Settlement Fund’’, con- the Tribe does not withdraw under the tribal priated such sums as are necessary, but not to sisting of such amounts as are deposited in the management plan. exceed an additional $25,000,000, to complete the fund under subparagraph (B), together with (ii) DESCRIPTION.—The expenditure plan shall WMAT rural water system, to be derived by any interest accrued on those amounts, for use describe the manner in which, and the purposes transfer from the amounts authorized to be ap- by the Tribe in accordance with subparagraph for which, amounts of the Tribe remaining in propriated to the Secretary for deposit in the (C). the Funds will be used. WMAT Settlement Fund under subsection (B) TRANSFERS TO FUND.—There is authorized (iii) APPROVAL.—On receipt of an expenditure (b)(2)(B) in such amounts as the Secretary, in to be appropriated to the Secretary $113,500,000 plan under clause (i), the Secretary shall ap- concurrence with the Tribe, determines to be ap- for deposit in the WMAT Settlement Fund, of prove the plan if the Secretary determines that propriate. which not less than $4,950,000 shall be used for the plan is reasonable and consistent with this (g) CONDITIONS.—The amounts authorized to the rehabilitation of existing irrigation systems. Act and the Agreement. be appropriated to the Secretary for deposit in (C) USE OF FUNDS.—The Tribe shall use (iv) ANNUAL REPORT.—For each of the Funds, the WMAT Maintenance Fund, together with amounts in the WMAT Settlement Fund for any the Tribe shall submit to the Secretary an an- any interest accrued thereon, under subsection of the following purposes: nual report that describes all expenditures from (b)(3), and any interest accruing on the WMAT (i) Fish production, including hatcheries. the Fund during the year covered by the report. Settlement Fund under subsection (b)(2), shall (ii) Rehabilitation of recreational lakes and (C) CERTAIN PER CAPITA DISTRIBUTIONS PRO- not be available for expenditure or withdrawal existing irrigation systems. HIBITED.—No amount in the Funds shall be dis- until the later of— (iii) Water-related economic development tributed to any member of the Tribe on a per (1) November 1, 2019; and projects. capita basis. (2) the date on which the Secretary determines (iv) Protection, restoration, and economic de- (c) COST INDEXING.—All amounts authorized that the conditions described in section 9(d) velopment of forest and watershed health. to be appropriated under subsections (a) and (b) have been met. (v) Any cost overruns for the completion of shall be adjusted as may be required to reflect SEC. 13. ANTIDEFICIENCY. the WMAT rural water system, as provided in the changes since October 1, 2007, in the con- The United States shall not be liable for fail- subsection (f). struction cost indices applicable to the types of ure to carry out any obligation or activity au- (3) WMAT MAINTENANCE FUND.— construction involved in the construction of the thorized to be carried out, subject to appropria- (A) ESTABLISHMENT.—There is established in WMAT rural water supply system, the mainte- tions, under this Act (including any such obli- the Treasury of the United States a fund to be nance of the rural water supply system, and the gation or activity under the Agreement) if ade- known as the ‘‘WMAT Maintenance Fund’’, construction or rehabilitation of the other devel- quate appropriations for that purpose are not consisting of such amounts as are deposited in opment projects authorized under subsection provided by Congress. the fund under subparagraph (B), together with (b)(2)(C). SEC. 14. REPEAL ON FAILURE OF ENFORCE- any interest accrued on those amounts, for use (d) EMERGENCY FUND FOR INDIAN SAFETY AND ABILITY DATE. by the Tribe in accordance with subparagraph HEALTH.— If the Secretary fails to publish in the Federal (C). (1) DEFINITION OF EMERGENCY FUND FOR IN- Register a statement of findings as required (B) TRANSFERS TO FUND.—There is authorized DIAN SAFETY AND HEALTH.—In this subsection, under section 9(d) by not later than April 30, to be appropriated to the Secretary $50,000,000 the term ‘‘Emergency Fund for Indian Safety 2020— for deposit in the WMAT Maintenance Fund. and Health’’ means the Emergency Fund for In- (1) effective beginning on May 1, 2020— (C) USE OF FUNDS.—The Tribe or the Sec- dian Safety and Health established by section (A) this Act is repealed; and retary, as applicable, shall use amounts in the 601(a) of the Tom Lantos and Henry J. Hyde (B) any action carried out by the Secretary, WMAT Maintenance Fund only for the oper- United States Global Leadership Against HIV/ and any contract entered into, pursuant to this ation, maintenance, and replacement costs asso- AIDS, Tuberculosis, and Malaria Reauthoriza- Act shall be void; ciated with the delivery of water through the tion Act of 2008 (22 U.S.C. 7601 et seq.). (2) any amounts appropriated under sub- rural water system. (2) INITIAL TRANSFER.—Not later than 90 days sections (a), (b), (d), and (e) of section 12, to- (4) ADMINISTRATION.—The Secretary shall after the date of enactment of this Act, such gether with any interest accrued on those manage the Funds in accordance with the amounts as are available, but not to exceed amounts, shall immediately revert to the general American Indian Trust Fund Management Re- $50,000,000, in the Emergency Fund for Indian fund of the Treasury; and form Act of 1994 (25 U.S.C. 4001 et seq.), includ- Safety and Health shall be transferred to the (3) any other amounts deposited in the White ing by investing amounts in the Funds in ac- White Mountain Apache Tribe Water Rights Mountain Apache Tribe Water Settlement Sub- cordance with— Settlement Subaccount. account (including any amounts paid by the

VerDate Nov 24 2008 02:50 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 4634 Sfmt 6333 E:\CR\FM\A21JA7.008 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE H296 CONGRESSIONAL RECORD — HOUSE January 21, 2010 State in accordance with the Agreement), to- Mountain Apache, the State of Ari- need to make each drop count. That is gether with any interest accrued on those zona, the cities of Phoenix, Scottsdale, why I am proud to have worked with amounts, shall immediately be returned to the Tempe, and others, and various water the White Mountain Apache and other respective sources of those funds. user organizations and entities. As stakeholders to introduce this bill. SEC. 15. COMPLIANCE WITH ENVIRONMENTAL with the two bills we just considered, I The White Mountain Apache Water LAWS. Rights Quantification Act finalizes a In carrying out this Act, the Secretary shall want to again acknowledge the admin- promptly comply with all applicable require- istration’s position that for over 20 settling agreement that will end a ments of— years the Federal Government has long-running water rights dispute in (1) the National Environmental Policy Act of stated that negotiated Indian water greater Arizona and provides a path to- 1969 (42 U.S.C. 4321 et seq.); rights settlements are preferable to ward a reliable long-term water supply (2) the Endangered Species Act of 1973 (16 protracted and divisive litigation. The for the White Mountain Apache tribe U.S.C. 1531 et seq.); pending measure does just this, with a and areas across the State. (3) all other applicable Federal environmental The agreement under consideration laws; and negotiated settlement and an end to decades of litigation. continues a long history of settlements (4) all regulations promulgated under the laws of Indian water rights disputes in our described in paragraphs (1) through (3). I thank the gentlelady from Arizona, State. We have found time and again The SPEAKER pro tempore. After 1 ANN KIRKPATRICK, and her colleagues in the Arizona delegation for their hard that these settlements, as opposed to hour of debate on the bill, as amended, litigation, help the tribes and their it shall in order be to consider the work in bringing this measure forward. I also again would recognize the tire- neighbors achieve real certainty in amendment printed in part D of House their water supply. They are able to Report 111–399 if offered by the gen- less efforts of our subcommittee chair- woman, the gentlelady from California, better plan for the years to come. The tleman from California (Mr. MCCLIN- negotiating process also builds working GRACE NAPOLITANO, for her countless TOCK), or his designee, which shall be hours of hearings and staff meetings relationships between the parties in- considered read, and shall be debatable volved, allowing them to cooperate and for 10 minutes equally divided and con- and other meetings with the affected parties on this issue. And I would more effectively manage their water- trolled by the proponent and an oppo- sheds for the future. With this legisla- thank the White Mountain Apache peo- nent. tion, folks here will finally begin to see ple for their continued dedication to The gentleman from West Virginia these benefits. this settlement and legislation. (Mr. RAHALL) and the gentleman from Along with approving the agreement, Access to water should not be a privi- Washington (Mr. HASTINGS) each will this bill authorizes construction of the control 30 minutes. lege in this country, but is a basic, fun- Miner Flat dam and pipeline, which The Chair recognizes the gentleman damental right. These people have will provide a 100-year municipal from West Virginia. clearly earned our respect and support drinking water supply to towns on the for this legislation. I urge the passage GENERAL LEAVE White Mountain Apache tribal lands. thereof. That is critically important because Mr. RAHALL. Mr. Speaker, I ask I reserve the balance of my time. unanimous consent that all Members our need for drinking water is both im- Mr. HASTINGS of Washington. I mediate and serious. People in the area may have 5 legislative days to revise yield myself such time as I may con- and extend their remarks and insert are being threatened with water short- sume. ages even now, in the winter of what extraneous material on H.R. 1065. Mr. Speaker, once again this is the The SPEAKER pro tempore. Is there was a great water year in the rest of third of three settlement bills. The ar- the State. objection to the request of the gen- guments that I had made on the first tleman from West Virginia? Nearly 15,000 tribal members will be two bills are applicable to this one. I served by the project, and it cannot There was no objection. will just add one other point. And that Mr. RAHALL. I yield myself such come a moment too soon for them. is that these three bills have a cost to Furthermore, it lets us move forward time as I may consume. the taxpayer of a half a billion dollars, Mr. Speaker, I am pleased to bring with a number of projects that are cru- $500 million. And there certainly is an cial economic drivers for the region: before the House legislation that would unrest in this country as to what this adjudicate the water rights of the fish hatcheries, irrigation projects, and Congress has done in a fiscal manner. infrastructure improvements to a local White Mountain Apache Tribe, and end This is small. We are talking about years of active litigation by ratifying ski park. We will be able to create jobs millions, when other programs we are and get folks back to work. the settlement agreement. This is a bi- talking about in this Congress unfortu- I was born and raised on White Moun- partisan measure, sponsored by the nately total trillions. But if we need to tain Apache tribal lands, and my home- gentlelady from Arizona, ANN KIRK- get our house in order, this is simply town is one of those that would gain PATRICK, for whom I extend tremendous something that we need to have more from this project. I have seen firsthand applause for the manner in which she information on before we pass judg- the challenges that these communities has led the House on this issue, ment on it. face, and I am confident that this legis- brought it before our attention, and se- With that, Mr. Speaker, I will reserve lation will make a real difference in cured the cosponsorship of the entire the balance of my time. addressing them. Arizona House delegation. Mr. RAHALL. Mr. Speaker, I am At this point, I would like to address The waters of the White Mountain happy to yield such time as she may the cost issue that has been raised by Apache Reservation feed to the Salt consume to the lead cosponsor of this my esteemed colleague from Wash- River of Arizona. The Salt River is a legislation who has worked so hard on ington. When I was a kid, we had to primary water source for the metro- this issue, the gentlewoman from Ari- boil our water, and if we didn’t, we got politan area of Phoenix, Arizona, along zona (Mrs. KIRKPATRICK). sick. We got real sick. That was over 50 with thousands of acres of agricultural years ago. We didn’t have the conven- b 1145 land. Coming to closure on water ience of purified water that comes de- rights is imperative to protect the Mrs. KIRKPATRICK of Arizona. Mr. livered in big jugs that I’ve seen in water supply for thousands of people in Speaker, I rise today in support of H.R. most congressional offices here in Arizona. Equally important is the ful- 1065, the White Mountain Apache Washington. That situation, where fillment of commitments made to the Water Rights Quantification Act. folks living in the United States today White Mountain Apache people to pro- Water is a precious resource to all of do not have access to running water vide them a clean reliable water sup- us in the Southwest. In my district, that they can drink, is not acceptable. ply, and to repair their irrigation sys- farmers have to fight to keep their My confidence that this legislation tem, which has fallen into disrepair. crops growing, firefighters are con- will make a real difference in address- In this settlement all parties came stantly challenged by raging wildfires, ing those critical needs is shared by together with a mutual desire for suc- and local officials consider the drink- many in Arizona where the bill has cess. Indeed, the parties to this settle- ing water supply in every discussion of earned widespread support. Every sin- ment agreement include the White the community’s future. We know we gle member of our State’s delegation in

VerDate Nov 24 2008 01:20 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\A21JA7.008 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE January 21, 2010 CONGRESSIONAL RECORD — HOUSE H297 the House is cosponsoring H.R. 1065, I would also point out that under the she is joined in her cosponsorship of and I want to point out that that in- terms of this measure—that again are this legislation by the gentleman con- cludes my esteemed colleague Con- questioned by the administration—the sidered the watchdog of fiscal spending gressman JEFF FLAKE, who I think is Federal Government is responsible for in this body, Mr. JEFF FLAKE, in co- the watchdog of the House on spending handing over that money, and then the sponsoring this bill. in Congress. tribe, in the provisions of the bill, has At this point, I yield the balance of I have worked closely with Senator the authority to withdraw those funds my time to the co-Chair of our Native KYL to move forward on this critical for purposes unrelated to water devel- American Caucus in the Congress and a project in both Chambers. Folks on opment. That’s why those of us in the valued member of our Committee on both sides of the aisle recognize the im- minority, although we are very sympa- Natural Resources, the gentleman from portance of securing our water supply. thetic to the history that has brought Michigan, Mr. DALE KILDEE. They also recognize the effort and care us to this point and seek an equitable Mr. KILDEE. I thank the gentleman it has taken to get to this point. The settlement for all sides in this dispute, for yielding. settlement has taken 21 different seriously question why a settlement Mr. Speaker, I support strongly the stakeholder groups years of negotia- between the United States Government passage of H.R. 1065 and the other two tion and compromise to reach. It is and the stakeholders involved was not bills, H.R. 3342 and H.R. 3254. carefully crafted to best fit the needs fully negotiated by the United States In the 33 years that I’ve been in Con- and demands of all those involved. It is Government and why this measure gress, I’ve worked hard with Mr. RA- time for folks in my district to get the written by Congress is being submitted HALL—he and I came to Congress to- infrastructure and water supply they to the administration when it is the gether—trying to work out these water have been working toward for so long. administration’s responsibility to be rights. I have always tried to make I urge my colleagues to pass this bill. involved in the negotiations of all of sure that we were fair to everybody, Mr. HASTINGS of Washington. Mr. the details of the ultimate settlement. particularly fair to the Native Ameri- Speaker, I am pleased to yield such Mr. RAHALL. Mr. Speaker, I reserve cans who have been deprived of their time as he may consume to the gen- the balance of my time. water rights in too many instances, tleman from California (Mr. MCCLIN- Mr. HASTINGS of Washington. Mr. and Mr. RAHALL has made this a pri- TOCK). Speaker, I yield myself the balance of ority to make sure that we get equity Mr. MCCLINTOCK. I thank the gen- my time. and justice here. tleman for yielding. Mr. Speaker, I will just simply repeat Water is extremely important all Mr. Speaker, we are told over and what I said at the outset. I must reluc- over the world. It’s extremely impor- over that this is an agreement that has tantly rise to oppose all three of these tant, of course, in the Southwest. I just been painstakingly and meticulously settlement bills based on the simple feel that the hard work that went into worked out. That’s the sort of agree- fact that we don’t have all the informa- this bill and the sense of equity and the ment that we would have if I were to tion we need. sense of justice and fairness to all sue the Federal Government for $10 While we applaud people on the local those involved has produced three very million, go to my next-door neighbor level settling tough disputes, espe- good bills, and I strongly urge support and say, can’t you agree that the Fed- cially water issues, and I am especially of them. eral Government should send us at sensitive to that, Mr. Speaker, because Mr. RAHALL. Mr. Speaker, I yield least $5 million? We reach an agree- I am from the western part of the back the balance of my time. ment, and then present it to Congress United States, it is in the best inter- The SPEAKER pro tempore. All time as a settlement of an outstanding ests of all of the people in this country for debate on the bill has expired. claim. That’s essentially what’s going to know what the cost to them would The Chair understands that the on here. be because they’re all taxpayers. I amendment will not be offered. Let me read to you the testimony of think that’s self-evident. Pursuant to House Resolution 1017, Michael Connor, the Commissioner of So this debate, at least from our side the previous question is ordered on the the Bureau of Reclamation, to the Sub- of the aisle, didn’t question the merits bill, as amended. committee on Water and Power regard- of those settlement agreements mainly The question is on the engrossment ing this bill in July of last year. He because, at least from this Member’s and third reading of the bill. said: While we’re aware that the set- perspective, I know how difficult that The bill was ordered to be engrossed tling parties worked closely with the is when you have these types of dis- and read a third time, and was read the Federal negotiating team in developing putes. Our issue is simply the trans- third time. the parameters of this settlement, we parency of what the cost will be to the The SPEAKER pro tempore. The have also been informed by the team taxpayers of this country. We deserve question is on the passage of the bill. that issues involving the cost of this to have that before these settlement The question was taken; and the settlement were not considered. We be- issues come to the floor of the House. Speaker pro tempore announced that lieve that these costs need to be dis- We deserve to have this information so the ayes appeared to have it. cussed and negotiated and that the we can do due diligence in committee Mr. RAHALL. Mr. Speaker, on that I benefits of the settlement must justify and then make a judgment if the set- demand the yeas and nays. the costs. tlement is in fact in the best interests The yeas and nays were ordered. Those negotiations never took place of the taxpayers. That is really all this The SPEAKER pro tempore. Pursu- between the Federal Government and debate has been about on these three ant to clause 8 of rule XX, further pro- the stakeholders. Those negotiations bills. ceedings on this question will be post- took place among the stakeholders So with that, Mr. Speaker, I would poned. themselves, and they all agreed that just simply say that we don’t have f the Federal Government should send transparency on this potential half-a- them lots and lots of money. billion-dollar assessment that’s going ANNOUNCEMENT BY THE SPEAKER The same Commissioner of the Bu- to go to the taxpayer. We should have PRO TEMPORE reau of Reclamation then sent a letter that and we don’t. So it is for that rea- The SPEAKER pro tempore. Pursu- on November 10, 2009, to the chair- son, Mr. Speaker, that I rise in opposi- ant to clause 8 of rule XX, proceedings woman of the Subcommittee on Water tion to this bill and urge my colleagues will resume on questions previously and Power and warned about these to vote ‘‘no.’’ postponed. things again. He said: Other than the Mr. Speaker, I yield back the balance Votes will be taken in the following $4.95 million provided for rehabilita- of my time. order: tion of irrigation systems on the res- Mr. RAHALL. Mr. Speaker, before passage of H.R. 3254, ervation, the administration does not yielding to the gentleman from Michi- passage of H.R. 3342, believe the money authorized for the gan to close on our side, I would just passage of H.R. 1065, and development fund is consideration for reiterate what has already been said by motions to suspend the rules with re- this settlement. the gentlewoman from Arizona, that gard to H. Res. 1021, and the Senate

VerDate Nov 24 2008 01:20 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K21JA7.023 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE H298 CONGRESSIONAL RECORD — HOUSE January 21, 2010 amendment to H.R. 730, in each case by Schauer Space Van Hollen AAMODT LITIGATION Schiff Speier Vela´ zquez the yeas and nays. Schrader Spratt Visclosky SETTLEMENT ACT The first electronic vote will be con- Schwartz Stark Walz The SPEAKER pro tempore (Ms. ED- Scott (GA) Stupak Wasserman ducted as a 15-minute vote. Remaining WARDS of Maryland). The unfinished electronic votes will be conducted as 5- Scott (VA) Sutton Schultz Serrano Tanner Waters business is the vote on passage of H.R. minute votes. Sestak Taylor Watson 3342, on which the yeas and nays were Shea-Porter Teague Watt ordered. f Sherman Thompson (CA) Waxman Shuler Thompson (MS) Weiner The Clerk read the title of the bill. TAOS PUEBLO INDIAN WATER Simpson Tierney Welch The SPEAKER pro tempore. The RIGHTS SETTLEMENT ACT Sires Titus Wilson (OH) question is on the passage of the bill. Slaughter Tonko Woolsey The SPEAKER pro tempore. The un- Smith (WA) Towns Wu This is a 5-minute vote. finished business is the vote on passage Snyder Tsongas Yarmuth The vote was taken by electronic de- of H.R. 3254, on which the yeas and NAYS—158 vice, and there were—yeas 249, nays 153, not voting 31, as follows: nays were ordered. Aderholt Garrett (NJ) Nunes The Clerk read the title of the bill. Akin Gerlach Olson [Roll No. 13] The SPEAKER pro tempore. The Alexander Gingrey (GA) Paul YEAS—249 Altmire Gohmert Paulsen question is on the passage of the bill. Abercrombie Gordon (TN) Miller (NC) Austria Goodlatte Pence Ackerman Grayson Minnick The vote was taken by electronic de- Bachmann Granger Petri vice, and there were—yeas 254, nays Bachus Graves Adler (NJ) Green, Al Mitchell Pitts Andrews Green, Gene Mollohan 158, not voting 21, as follows: Bartlett Griffith Platts Barton (TX) Guthrie Arcuri Hall (NY) Moore (KS) [Roll No. 12] Poe (TX) Baca Hare Moore (WI) Bean Hall (TX) Posey Biggert Harper Baird Harman Moran (VA) YEAS—254 Price (GA) Bilbray Hastings (WA) Baldwin Hastings (FL) Murphy (CT) Putnam Abercrombie Farr Markey (CO) Bilirakis Heller Barrow Heinrich Murphy (NY) Rehberg Ackerman Fattah Markey (MA) Bishop (UT) Hensarling Becerra Herseth Sandlin Murphy, Patrick Reichert Adler (NJ) Filner Marshall Blackburn Herger Berkley Higgins Murphy, Tim Andrews Flake Massa Blunt Hoekstra Roe (TN) Berman Hill Murtha Arcuri Fortenberry Matheson Boehner Hunter Rogers (AL) Berry Himes Nadler (NY) Baca Foster Matsui Boozman Inglis Rogers (KY) Bishop (NY) Hinchey Neal (MA) Baird Fudge McCarthy (NY) Brady (TX) Issa Rogers (MI) Blumenauer Hirono Nye Baldwin Garamendi McCollum Bright Jenkins Rohrabacher Boccieri Hodes Oberstar Barrow Giffords McCotter Broun (GA) Johnson (IL) Rooney Bono Mack Holden Obey Becerra Gonzalez McDermott Brown (SC) Johnson, Sam Roskam Boren Holt Olver Berkley Gordon (TN) McGovern Brown-Waite, Jones Royce Boswell Honda Ortiz Berman Grayson McIntyre Ginny Jordan (OH) Ryan (WI) Boucher Hoyer Owens Berry Green, Al McKeon Buchanan King (IA) Scalise Boyd Inslee Pallone Bishop (NY) Green, Gene McMahon Burgess King (NY) Schmidt Braley (IA) Israel Pascrell Blumenauer Grijalva Brown, Corrine Issa McNerney Burton (IN) Kingston Schock Pastor (AZ) Boccieri Gutierrez Meek (FL) Calvert Jackson (IL) Payne Buyer Kirk Sensenbrenner Bono Mack Hall (NY) Meeks (NY) Capps Jackson Lee Perlmutter Camp Lamborn Sessions Boren Halvorson Melancon Capuano (TX) Perriello Campbell Lance Shadegg Boswell Hare Michaud Cardoza Johnson (GA) Peters Cantor Latham Shimkus Boucher Harman Miller (NC) Cao Latta Carnahan Kagen Peterson Boyd Hastings (FL) Minnick Shuster Carson (IN) Kanjorski Pingree (ME) Capito Lee (NY) Skelton Braley (IA) Heinrich Mitchell Carney Linder Castor (FL) Kaptur Polis (CO) Brown, Corrine Herseth Sandlin Mollohan Smith (NE) Chandler Kennedy Pomeroy Carter LoBiondo Smith (NJ) Calvert Higgins Moore (KS) Cassidy Lucas Childers Kildee Price (NC) Smith (TX) Capps Hill Moore (WI) Castle Luetkemeyer Chu Kilpatrick (MI) Quigley Souder Capuano Himes Moran (VA) Chaffetz Lummis Clarke Kilroy Rahall Stearns Cardoza Hinchey Murphy (CT) Coble Mack Clay Kind Rangel Carnahan Hirono Murphy (NY) Coffman (CO) Manzullo Sullivan Clyburn Kirkpatrick (AZ) Reyes Carson (IN) Hodes Murphy, Patrick Conaway Marchant Terry Cohen Kissell Richardson Castor (FL) Holden Murphy, Tim Davis (KY) McCarthy (CA) Thompson (PA) Cole Klein (FL) Rodriguez Chandler Holt Murtha Dent McCaul Thornberry Connolly (VA) Kline (MN) Ross Childers Honda Nadler (NY) Diaz-Balart, M. McClintock Tiahrt Conyers Kosmas Rothman (NJ) Chu Hoyer Napolitano Dreier McHenry Tiberi Cooper Kratovil Roybal-Allard Clarke Inslee Neal (MA) Duncan McMorris Turner Costa Kucinich Ruppersberger Clay Israel Nye Emerson Rodgers Upton Costello Langevin Rush Clyburn Jackson (IL) Oberstar Fallin Mica Walden Courtney Larsen (WA) Ryan (OH) Cohen Jackson Lee Obey Fleming Miller (FL) Westmoreland Crowley Larson (CT) Salazar ´ Cole (TX) Olver Forbes Miller (MI) Whitfield Cuellar LaTourette Sanchez, Linda Connolly (VA) Kagen Ortiz Foxx Miller, Gary Wilson (SC) Cummings Lee (CA) T. Conyers Kanjorski Owens Franks (AZ) Moran (KS) Wittman Dahlkemper Levin Sanchez, Loretta Cooper Kaptur Pallone Frelinghuysen Myrick Wolf Davis (CA) Lewis (GA) Sarbanes Costa Kennedy Pascrell Gallegly Neugebauer Young (FL) Davis (IL) Lipinski Schakowsky Costello Kildee Pastor (AZ) Davis (TN) Loebsack Schauer Courtney Kilpatrick (MI) Payne NOT VOTING—21 DeFazio Lofgren, Zoe Schiff Crowley Kilroy Perlmutter Barrett (SC) Crenshaw Johnson, E. B. DeGette Lowey Schrader ´ Cuellar Kind Perriello Bishop (GA) Culberson Lewis (CA) Delahunt Lujan Schwartz Cummings Kirkpatrick (AZ) Peters Bonner Davis (AL) Miller, George DeLauro Lungren, Daniel Scott (GA) Dahlkemper Kissell Peterson Boustany Deal (GA) Radanovich Diaz-Balart, L. E. Scott (VA) Davis (CA) Klein (FL) Pingree (ME) Brady (PA) Frank (MA) Ros-Lehtinen Dicks Lynch Serrano Davis (IL) Kline (MN) Polis (CO) Butterfield Hinojosa Wamp Dingell Maffei Sestak Davis (TN) Kosmas Pomeroy Cleaver Johnson (GA) Young (AK) Doggett Maloney Shea-Porter DeFazio Kratovil Price (NC) Donnelly (IN) Markey (CO) Sherman DeGette Kucinich Quigley b 1228 Doyle Markey (MA) Shuler Delahunt Langevin Rahall Driehaus Marshall Simpson DeLauro Larsen (WA) Rangel Messrs. WITTMAN and POE of Texas Edwards (MD) Massa Sires Diaz-Balart, L. Larson (CT) Reyes changed their vote from ‘‘yea’’ to Edwards (TX) Matheson Slaughter Dicks LaTourette Richardson ‘‘nay.’’ Ehlers Matsui Smith (WA) Dingell Lee (CA) Rodriguez Ellsworth McCarthy (NY) Snyder Doggett Levin Ross Messrs. CALVERT, DEFAZIO, Eshoo McCollum Space Donnelly (IN) Lewis (GA) Rothman (NJ) MCKEON, CROWLEY, KLEIN of Flor- Etheridge McCotter Speier Doyle Lipinski Roybal-Allard ida, and TIM MURPHY of Pennsyl- Farr McDermott Spratt Driehaus Loebsack Ruppersberger vania changed their vote from ‘‘nay’’ Fattah McGovern Stark Edwards (MD) Lofgren, Zoe Rush Filner McIntyre Stupak Edwards (TX) Lowey Ryan (OH) to ‘‘yea.’’ Flake McKeon Sutton Ehlers Luja´ n Salazar So the bill was passed. Fortenberry McMahon Tanner Ellison Lungren, Daniel Sa´ nchez, Linda The result of the vote was announced Foster McNerney Taylor Ellsworth E. T. as above recorded. Fudge Meek (FL) Teague Engel Lynch Sanchez, Loretta Garamendi Meeks (NY) Thompson (CA) Eshoo Maffei Sarbanes A motion to reconsider was laid on Giffords Melancon Thompson (MS) Etheridge Maloney Schakowsky the table. Gonzalez Michaud Tierney

VerDate Nov 24 2008 01:20 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K21JA7.025 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE January 21, 2010 CONGRESSIONAL RECORD — HOUSE H299 Titus Walz Welch WHITE MOUNTAIN APACHE TRIBE Space Tierney Waters Tonko Wasserman Wilson (OH) WATER RIGHTS QUANTIFICATION Speier Titus Watson Towns Schultz Woolsey Spratt Tonko Watt Tsongas Waters Wu ACT OF 2009 Stark Towns Waxman Van Hollen Watt Yarmuth The SPEAKER pro tempore. The un- Stupak Tsongas Weiner Vela´ zquez Waxman Sutton Van Hollen Welch finished business is the vote on passage ´ Visclosky Weiner Tanner Velazquez Wilson (OH) of H.R. 1065, on which the yeas and Taylor Visclosky Woolsey NAYS—153 Teague Walz nays were ordered. Wu Aderholt Gallegly Neugebauer Thompson (CA) Wasserman Yarmuth Akin Garrett (NJ) Nunes The Clerk read the title of the bill. Thompson (MS) Schultz Alexander Gerlach Olson The SPEAKER pro tempore. The NAYS—147 Altmire Gingrey (GA) Paul question is on the passage of the bill. Austria Gohmert Paulsen This is a 5-minute vote. Aderholt Gohmert Paul Bachmann Goodlatte Pence Akin Goodlatte Paulsen Bachus Granger Petri The vote was taken by electronic de- Alexander Granger Pence Bartlett Graves Pitts vice, and there were—yeas 262, nays Altmire Graves Petri Barton (TX) Griffith Platts 147, not voting 24, as follows: Austria Griffith Pitts Bean Guthrie Bachmann Guthrie Platts Poe (TX) [Roll No. 14] Biggert Hall (TX) Posey Bachus Hall (TX) Poe (TX) Bilbray Harper Price (GA) YEAS—262 Bartlett Harper Posey Bilirakis Hastings (WA) Barton (TX) Hastings (WA) Putnam Abercrombie Price (GA) Bishop (UT) Heller Franks (AZ) McGovern Bean Heller Rehberg Ackerman Putnam Blackburn Hensarling Fudge McIntyre Biggert Herger Reichert Adler (NJ) Rehberg Blunt Herger Garamendi McKeon Bilirakis Hoekstra Roe (TN) Andrews Reichert Boehner Hoekstra Giffords McMahon Bishop (UT) Hunter Rogers (AL) Arcuri Roe (TN) Boozman Hunter Gonzalez McNerney Blackburn Inglis Rogers (KY) Baca Rogers (AL) Brady (TX) Inglis Gordon (TN) Meek (FL) Blunt Jenkins Rogers (MI) Baird Rogers (KY) Bright Jenkins Grayson Meeks (NY) Boehner Johnson (IL) Rohrabacher Baldwin Rogers (MI) Broun (GA) Johnson (IL) Green, Al Melancon Boozman Johnson, Sam Rooney Barrow Rohrabacher Brown (SC) Johnson, Sam Green, Gene Michaud Broun (GA) Jordan (OH) Roskam Becerra Rooney Brown-Waite, Jones Grijalva Miller (NC) Brown (SC) King (IA) Ryan (WI) Berkley Roskam Ginny Jordan (OH) Gutierrez Miller, George Brown-Waite, King (NY) Scalise Berman Royce Buchanan King (IA) Hall (NY) Minnick Ginny Kingston Berry Burgess King (NY) Schmidt Halvorson Mitchell Buchanan Kirk Ryan (WI) Bishop (NY) Burton (IN) Kirk Schock Hare Mollohan Burgess Lamborn Scalise Blumenauer Buyer Lamborn Sensenbrenner Harman Moore (KS) Burton (IN) Lance Schmidt Boccieri Camp Lance Sessions Hastings (FL) Moore (WI) Buyer Latham Schock Bono Mack Campbell Latham Shadegg Heinrich Moran (VA) Camp Latta Sensenbrenner Boren Cantor Latta Shimkus Herseth Sandlin Murphy (CT) Campbell Lee (NY) Sessions Boswell Cao Lee (NY) Shuster Higgins Murphy (NY) Cantor Linder Shimkus Boucher Capito Linder Smith (NE) Hill Murphy, Patrick Capito LoBiondo Shuster Boyd Carney LoBiondo Smith (NJ) Himes Murphy, Tim Carney Lucas Skelton Braley (IA) Carter Lucas Smith (TX) Hinchey Murtha Carter Luetkemeyer Smith (NE) Brown, Corrine Cassidy Luetkemeyer Souder Hirono Nadler (NY) Cassidy Lummis Smith (NJ) Calvert Castle Lummis Stearns Hodes Napolitano Castle Mack Smith (TX) Cao Chaffetz Mack Sullivan Holden Neal (MA) Chaffetz Manzullo Souder Capps Coble Manzullo Terry Holt Nye Coble Marchant Stearns Capuano Coffman (CO) Marchant Thompson (PA) Honda Oberstar Coffman (CO) McCarthy (CA) Sullivan Cardoza Conaway McCarthy (CA) Thornberry Hoyer Obey Conaway McCaul Terry Carnahan Davis (KY) McCaul Tiahrt Inslee Olver Dent McClintock Thompson (PA) Carson (IN) Dent McClintock Tiberi Israel Ortiz Diaz-Balart, M. McHenry Thornberry Castor (FL) Diaz-Balart, M. McHenry Turner Issa Owens Dreier McMorris Tiahrt Chandler Dreier McMorris Upton Jackson (IL) Pallone Emerson Rodgers Tiberi Childers Duncan Rodgers Walden Jackson Lee Pascrell Fallin Mica Turner Chu Emerson Mica Westmoreland (TX) Pastor (AZ) Fleming Miller (FL) Upton Clarke Fleming Miller (FL) Whitfield Johnson (GA) Payne Forbes Miller (MI) Walden Clay Forbes Miller (MI) Wilson (SC) Jones Perlmutter Foxx Miller, Gary Westmoreland Clyburn Foxx Miller, Gary Wittman Kagen Perriello Frelinghuysen Moran (KS) Whitfield Cohen Franks (AZ) Moran (KS) Wolf Kanjorski Peters Gallegly Myrick Wilson (SC) Cole Frelinghuysen Myrick Young (FL) Kaptur Peterson Garrett (NJ) Neugebauer Wittman Connolly (VA) Kennedy Pingree (ME) Gerlach Nunes Wolf Conyers NOT VOTING—31 Kildee Polis (CO) Gingrey (GA) Olson Young (FL) Cooper Kilpatrick (MI) Pomeroy Barrett (SC) Ellison Miller, George Costa Kilroy Price (NC) Bishop (GA) Engel Napolitano NOT VOTING—24 Costello Kind Quigley Bonner Fallin Barrett (SC) Butterfield Hensarling Radanovich Courtney Kirkpatrick (AZ) Rahall Boustany Frank (MA) Bilbray Cleaver Hinojosa Ros-Lehtinen Crowley Kissell Rangel Brady (PA) Grijalva Bishop (GA) Crenshaw Johnson, E. B. Royce Cuellar Klein (FL) Reyes Butterfield Gutierrez Bonner Culberson Lewis (CA) Skelton Cummings Kline (MN) Richardson Cleaver Halvorson Boustany Davis (AL) Radanovich Wamp Dahlkemper Kosmas Rodriguez Crenshaw Hinojosa Brady (PA) Davis (KY) Ros-Lehtinen Watson Davis (CA) Kratovil Ross Culberson Johnson, E. B. Brady (TX) Deal (GA) Wamp Young (AK) Davis (IL) Kucinich Rothman (NJ) Davis (AL) Kingston Bright Duncan Young (AK) Davis (TN) Langevin Roybal-Allard Deal (GA) Lewis (CA) DeFazio Larsen (WA) Ruppersberger ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE DeGette Larson (CT) Rush ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE The SPEAKER pro tempore (during The SPEAKER pro tempore (during Delahunt LaTourette Ryan (OH) DeLauro Lee (CA) Salazar the vote). There are 2 minutes remain- the vote). There are 2 minutes remain- Diaz-Balart, L. Levin Sa´ nchez, Linda ing in this vote. ing in this vote. Dicks Lewis (GA) T. Dingell Lipinski Sanchez, Loretta b 1243 b 1235 Doggett Loebsack Sarbanes So the bill was passed. Donnelly (IN) Lofgren, Zoe Schakowsky So the bill was passed. Doyle Lowey Schauer The result of the vote was announced The result of the vote was announced ´ Driehaus Lujan Schiff as above recorded. as above recorded. Edwards (MD) Lungren, Daniel Schrader A motion to reconsider was laid on Edwards (TX) E. Schwartz A motion to reconsider was laid on Ehlers Lynch Scott (GA) the table. the table. Ellison Maffei Scott (VA) Stated for: Ellsworth Maloney Serrano f Mrs. HALVORSON. Madam Speaker, on Engel Markey (CO) Sestak EXPRESSING CONDOLENCES TO rollcall 13, I was in the Chamber but unable to Eshoo Markey (MA) Shadegg Etheridge Marshall Shea-Porter HAITI record my vote. I intended to vote ‘‘yea’’ on Farr Massa Sherman that question. Fattah Matheson Shuler The SPEAKER pro tempore. The un- Stated against: Filner Matsui Simpson finished business is the vote on the mo- Ms. FALLIN. Madam Speaker, on rollcall Flake McCarthy (NY) Sires tion to suspend the rules and agree to Fortenberry McCollum Slaughter No. 13, I was unavoidably detained. Had I Foster McCotter Smith (WA) the resolution, H. Res. 1021, on which been present, I would have voted ‘‘nay.’’ Frank (MA) McDermott Snyder the yeas and nays were ordered.

VerDate Nov 24 2008 01:20 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\A21JA7.009 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE H300 CONGRESSIONAL RECORD — HOUSE January 21, 2010 The Clerk read the title of the resolu- McClintock Pingree (ME) Simpson 730, on which the yeas and nays were McCollum Pitts Sires tion. McCotter Platts Skelton ordered. The SPEAKER pro tempore. The McDermott Poe (TX) Slaughter The Clerk read the title of the bill. question is on the motion offered by McGovern Polis (CO) Smith (NE) The SPEAKER pro tempore. The the gentlewoman from California (Ms. McHenry Pomeroy Smith (NJ) McIntyre Posey Smith (TX) question is on the motion offered by LEE) that the House suspend the rules McKeon Price (GA) Smith (WA) the gentlewoman from New York (Ms. and agree to the resolution, H. Res. McMahon Price (NC) Snyder CLARKE) that the House suspend the 1021. McMorris Putnam Souder Rodgers Quigley Space rules and concur in the Senate amend- This will be a 5-minute vote. McNerney Rahall Speier ment to the bill, H.R. 730. The vote was taken by electronic de- Meek (FL) Rangel Spratt This is a 5-minute vote. vice, and there were—yeas 411, nays 1, Meeks (NY) Rehberg Stark The vote was taken by electronic de- not voting 21, as follows: Melancon Reichert Stearns Mica Reyes Stupak vice, and there were—yeas 397, nays 10, [Roll No. 15] Michaud Richardson Sullivan not voting 26, as follows: YEAS—411 Miller (FL) Rodriguez Sutton Miller (MI) Roe (TN) Tanner [Roll No. 16] Ackerman Costello Himes Miller (NC) Rogers (AL) Taylor YEAS—397 Aderholt Courtney Hinchey Miller, Gary Rogers (KY) Teague Adler (NJ) Crowley Hirono Miller, George Rogers (MI) Terry Ackerman Costello Hinchey Akin Cuellar Hodes Minnick Rohrabacher Thompson (CA) Aderholt Courtney Hirono Alexander Dahlkemper Hoekstra Mitchell Rooney Thompson (MS) Adler (NJ) Crowley Hodes Altmire Davis (CA) Holden Mollohan Roskam Thompson (PA) Akin Cuellar Hoekstra Andrews Davis (IL) Holt Moore (KS) Ross Thornberry Alexander Cummings Holden Arcuri Davis (KY) Honda Moore (WI) Rothman (NJ) Tiahrt Altmire Dahlkemper Holt Austria Davis (TN) Hoyer Moran (KS) Roybal-Allard Tiberi Andrews Davis (CA) Honda Baca DeFazio Hunter Moran (VA) Royce Tierney Arcuri Davis (IL) Hoyer Bachmann DeGette Inglis Murphy (CT) Ruppersberger Titus Austria Davis (KY) Hunter Bachus Delahunt Inslee Murphy (NY) Rush Tonko Baca Davis (TN) Inglis Baird DeLauro Israel Murphy, Patrick Ryan (OH) Towns Bachmann DeFazio Inslee Baldwin Dent Issa Murphy, Tim Ryan (WI) Tsongas Bachus DeGette Israel Barrow Diaz-Balart, L. Jackson (IL) Murtha Salazar Turner Baird Delahunt Issa Bartlett Diaz-Balart, M. Jackson Lee Myrick Sa´ nchez, Linda Upton Baldwin DeLauro Jackson (IL) Barton (TX) Dicks (TX) Nadler (NY) T. Van Hollen Barrow Dent Jackson Lee Bean Dingell Jenkins Napolitano Sanchez, Loretta Vela´ zquez Bartlett Diaz-Balart, L. (TX) Becerra Doggett Johnson (GA) Neal (MA) Sarbanes Visclosky Barton (TX) Diaz-Balart, M. Jenkins Berkley Donnelly (IN) Johnson (IL) Neugebauer Scalise Walden Bean Dicks Johnson (GA) Berman Doyle Johnson, Sam Nunes Schakowsky Walz Becerra Dingell Johnson (IL) Berry Dreier Jones Nye Schauer Wasserman Berkley Doggett Johnson, Sam Biggert Driehaus Jordan (OH) Oberstar Schiff Schultz Berman Donnelly (IN) Jones Bilbray Duncan Kagen Obey Schmidt Waters Berry Doyle Jordan (OH) Bilirakis Edwards (MD) Kanjorski Olson Schock Watson Biggert Dreier Kagen Bishop (NY) Edwards (TX) Kaptur Olver Schrader Watt Bilbray Driehaus Kanjorski Bishop (UT) Ehlers Kennedy Ortiz Schwartz Waxman Bilirakis Edwards (MD) Kaptur Blackburn Ellison Kildee Owens Scott (GA) Weiner Bishop (NY) Edwards (TX) Kennedy Blumenauer Ellsworth Kilpatrick (MI) Pallone Scott (VA) Welch Bishop (UT) Ehlers Kildee Blunt Emerson Kilroy Pascrell Sensenbrenner Westmoreland Blackburn Ellison Kilpatrick (MI) Boccieri Engel Kind Pastor (AZ) Serrano Whitfield Blumenauer Ellsworth Kilroy Boehner Eshoo King (IA) Paulsen Sessions Wilson (OH) Blunt Emerson Kind Bono Mack Etheridge King (NY) Payne Sestak Wilson (SC) Boccieri Engel King (IA) Boozman Fallin Kingston Pence Shadegg Wittman Boehner Eshoo King (NY) Boren Farr Kirk Perlmutter Shea-Porter Wolf Bono Mack Etheridge Kingston Boswell Fattah Kirkpatrick (AZ) Perriello Sherman Woolsey Boozman Fallin Kirk Boucher Filner Kissell Peters Shimkus Wu Boren Farr Kirkpatrick (AZ) Boyd Flake Klein (FL) Peterson Shuler Yarmuth Boswell Fattah Kissell Brady (TX) Fleming Kline (MN) Petri Shuster Young (FL) Boucher Filner Klein (FL) Braley (IA) Forbes Kosmas Boyd Fleming Kline (MN) Bright Fortenberry Kratovil NAYS—1 Brady (TX) Forbes Kosmas Broun (GA) Foster Kucinich Paul Bright Fortenberry Kratovil Brown (SC) Foxx Lamborn Brown (SC) Foster Kucinich Brown, Corrine Frank (MA) Lance NOT VOTING—21 Brown, Corrine Foxx Lamborn Brown-Waite, Franks (AZ) Langevin Brown-Waite, Frank (MA) Lance Abercrombie Carter Hinojosa Ginny Frelinghuysen Larsen (WA) Ginny Franks (AZ) Langevin Barrett (SC) Cleaver Johnson, E. B. Buchanan Fudge Larson (CT) Buchanan Frelinghuysen Larsen (WA) Bishop (GA) Crenshaw Lewis (CA) Burgess Gallegly Latham Burgess Fudge Larson (CT) Bonner Culberson Radanovich Burton (IN) Garamendi LaTourette Burton (IN) Gallegly Latham Boustany Cummings Ros-Lehtinen Buyer Garrett (NJ) Latta Buyer Garamendi LaTourette Brady (PA) Davis (AL) Wamp Calvert Gerlach Lee (CA) Calvert Garrett (NJ) Latta Butterfield Deal (GA) Young (AK) Camp Giffords Lee (NY) Camp Gerlach Lee (CA) Campbell Gingrey (GA) Levin ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Campbell Giffords Lee (NY) Cantor Gohmert Lewis (GA) Cantor Gingrey (GA) Levin Cao Gonzalez Linder The SPEAKER pro tempore (during Cao Gonzalez Lewis (GA) Capito Goodlatte Lipinski the vote). There is 1 minute remaining Capito Goodlatte Linder Capps Gordon (TN) LoBiondo in this vote. Capps Gordon (TN) Lipinski Capuano Granger Loebsack Capuano Granger LoBiondo Cardoza Graves Lofgren, Zoe b 1252 Cardoza Graves Loebsack Carnahan Grayson Lowey Carnahan Grayson Lofgren, Zoe Carney Green, Al Lucas Mr. BRIGHT changed his vote from Carney Green, Al Lowey Carson (IN) Green, Gene Luetkemeyer ‘‘nay’’ to ‘‘yea.’’ Carson (IN) Green, Gene Lucas Cassidy Griffith Luja´ n So (two-thirds being in the affirma- Carter Griffith Luetkemeyer Castle Grijalva Lummis tive) the rules were suspended and the Cassidy Grijalva Luja´ n Castor (FL) Guthrie Lungren, Daniel Castle Guthrie Lungren, Daniel Chaffetz Gutierrez E. resolution was agreed to. Castor (FL) Gutierrez E. Chandler Hall (NY) Lynch The result of the vote was announced Chaffetz Hall (NY) Lynch Childers Hall (TX) Mack as above recorded. Chandler Hall (TX) Mack Chu Halvorson Maffei Childers Halvorson Maffei Clarke Hare Maloney A motion to reconsider was laid on Chu Hare Maloney Clay Harman Manzullo the table. Clarke Harman Manzullo Clyburn Harper Marchant f Clay Harper Marchant Coble Hastings (FL) Markey (CO) Clyburn Hastings (FL) Markey (CO) Coffman (CO) Hastings (WA) Markey (MA) NUCLEAR FORENSICS AND Coffman (CO) Hastings (WA) Markey (MA) Cohen Heinrich Marshall ATTRIBUTION ACT Cohen Heinrich Marshall Cole Heller Massa Cole Heller Massa Conaway Hensarling Matheson The SPEAKER pro tempore. The un- Conaway Herger Matheson Connolly (VA) Herger Matsui finished business is the vote on the mo- Connolly (VA) Herseth Sandlin Matsui Conyers Herseth Sandlin McCarthy (CA) Conyers Higgins McCarthy (CA) Cooper Higgins McCarthy (NY) tion to suspend the rules and concur in Cooper Hill McCarthy (NY) Costa Hill McCaul the Senate amendment to the bill, H.R. Costa Himes McClintock

VerDate Nov 24 2008 01:20 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K21JA7.031 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE January 21, 2010 CONGRESSIONAL RECORD — HOUSE H301 McCollum Pingree (ME) Sires suspending the rules and passing the Wilderness Water Resources Protection McCotter Pitts Skelton McDermott Platts Slaughter bill, H.R. 3250. Act, introduced by Mr. MINNICK and McGovern Poe (TX) Smith (NE) The Clerk read the title of the bill. Mr. SIMPSON. McHenry Polis (CO) Smith (NJ) The SPEAKER pro tempore. The Mr. CANTOR. I thank the gentleman. McIntyre Pomeroy Smith (TX) question is on the motion offered by Madam Speaker, I would ask the gen- McKeon Posey Smith (WA) McMorris Price (GA) Snyder the gentleman from Massachusetts tleman if he can comment on some of Rodgers Price (NC) Souder (Mr. LYNCH) that the House suspend the press reports that we have seen this McNerney Putnam Space the rules and pass the bill, H.R. 3250. morning about the Speaker’s state- Meek (FL) Quigley Speier The question was taken; and (two- ment that this House and you will not Meeks (NY) Rahall Spratt Melancon Rangel Stark thirds being in the affirmative) the be bringing to this House the Senate Mica Rehberg Stearns rules were suspended and the bill was health care bill for consideration. Michaud Reichert Stupak passed. I yield to the gentleman. Miller (FL) Reyes Sullivan Mr. HOYER. Well, I didn’t see the Miller (MI) Richardson Sutton A motion to reconsider was laid on Miller (NC) Rodriguez Tanner the table. Speaker’s statement; so I can’t com- Miller, Gary Roe (TN) Taylor f ment specifically on it, but I can say Miller, George Rogers (AL) Teague this to the gentleman: As the gen- Minnick Rogers (KY) Thompson (CA) EARLY DETECTION MONTH FOR tleman knows, there are significant, Mitchell Rogers (MI) Thompson (MS) BREAST CANCER Mollohan Rohrabacher Thompson (PA) critical differences between the House Moore (KS) Rooney Thornberry The SPEAKER pro tempore. The un- and Senate bills and we have been Moore (WI) Roskam Tiahrt finished business is the question on working on trying to bridge the dif- Moran (KS) Ross Tiberi Moran (VA) Rothman (NJ) Tierney suspending the rules and agreeing to ferences that exist. We are still in that Murphy (CT) Roybal-Allard Titus the concurrent resolution, H. Con. Res. process. Murphy (NY) Royce Tonko 158, as amended. Mr. CANTOR. I thank the gentleman. Murphy, Patrick Ruppersberger Towns Murphy, Tim Rush Tsongas The Clerk read the title of the con- I would ask, Madam Speaker, and I Murtha Ryan (OH) Turner current resolution. would first preface the question by say- Myrick Ryan (WI) Upton The SPEAKER pro tempore. The ing that this country saw a pretty ex- Nadler (NY) Salazar Van Hollen question is on the motion offered by traordinary election in Massachusetts Napolitano Sanchez, Loretta Vela´ zquez Neal (MA) Sarbanes Visclosky the gentleman from Massachusetts a few nights ago. From all reports, it Neugebauer Scalise Walden (Mr. LYNCH) that the House suspend seems that part of the outcome of that Nunes Schakowsky Walz the rules and agree to the concurrent election was due to the health care bill Nye Schauer Wasserman Oberstar Schiff Schultz resolution, H. Con. Res. 158, as amend- and the difficulties which the gentle- Obey Schmidt Watson ed. man’s side has had in passing the bill. Olson Schock Watt The question was taken; and (two- We on this side, Madam Speaker, would Olver Schrader Waxman thirds being in the affirmative) the say there has been no bipartisan effort Ortiz Schwartz Weiner Owens Scott (GA) Welch rules were suspended and the concur- to pass a health care bill. And so if we Pallone Scott (VA) Westmoreland rent resolution, as amended, was are going to see a resolution of the dif- Pascrell Sessions Whitfield agreed to. ferences that the gentleman refers to, Pastor (AZ) Sestak Wilson (OH) Paulsen Shadegg Wilson (SC) A motion to reconsider was laid on those differences are clearly being on Payne Shea-Porter Wittman the table. his side of the aisle because, Madam Pence Sherman Wolf f Speaker, we feel that we continue to be Perlmutter Shimkus Woolsey left out of the process. Perriello Shuler Wu LEGISLATIVE PROGRAM Peters Shuster Yarmuth So I would ask the gentleman if he Peterson Simpson Young (FL) (Mr. CANTOR asked and was given has not decided whether he is bringing permission to address the House for 1 NAYS—10 up the Senate bill or the House bill minute.) again, will we see the process start Broun (GA) Gohmert Sa´ nchez, Linda Coble Lummis T. Mr. CANTOR. Madam Speaker, I over? Will we see his side take the mes- Duncan Paul Sensenbrenner yield to the gentleman from Maryland, sage from the Massachusetts election Flake Petri the majority leader, for the purpose of to involve Republicans in discussion NOT VOTING—26 announcing next week’s schedule. over the health care bill and have a Abercrombie Crenshaw McMahon Mr. HOYER. I thank my friend, the transparent process the way we believe Barrett (SC) Culberson Radanovich Republican whip, for yielding. ought to happen as well as I believe the Bishop (GA) Davis (AL) Ros-Lehtinen On Monday the House is not in ses- American people think should happen? Bonner Deal (GA) Serrano Boustany Hensarling sion. I yield. Terry On Tuesday the House will meet at Brady (PA) Hinojosa Wamp Mr. HOYER. Well, I thank the gen- Braley (IA) Johnson, E. B. Waters 12:30 p.m. for morning-hour debate and tleman for his question and all of the Butterfield Lewis (CA) Young (AK) 2 p.m. for legislative business. premises he adopts in prefacing his Cleaver McCaul On Wednesday the House will meet at question. I don’t want my silence to be ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE 10 a.m. for legislative business and re- presumed as agreeing to his premises, The SPEAKER pro tempore (during cess at approximately 5 p.m. to allow a which I think are inaccurate. the vote). Members are advised 1 security sweep of the House Chamber Having said that, first of all, of minute is remaining. prior to the President’s State of the course, there has been extraordinary b 1306 Union address. The House will meet exposure of the health care bills, both Mrs. BLACKBURN changed her vote again at approximately 8:35 p.m. in a in the House and Senate, to public dis- from ‘‘nay’’ to ‘‘yea.’’ joint session with the Senate for the cussion, public debate, public informa- So (two-thirds being in the affirma- purpose of receiving an address from tion. It has been online for over 4 tive) the rules were suspended and the the President of the United States. months, 5 months now, and an extraor- Senate amendment was concurred in. On Thursday and Friday the House is dinary number of hearings held on it The result of the vote was announced not in session to give time for the Re- over the last 2 years. As the gentleman as above recorded. publican Issues Conference to occur in well knows, his party’s candidate for A motion to reconsider was laid on Baltimore, Maryland. President and my party’s candidate for the table. We will consider several bills under President, who is now President of the f suspension of the rules. A complete list United States, both indicated that they of suspension bills will be announced thought health reform was necessary. PRIVATE FIRST CLASS GARFIELD by close of business tomorrow. So it received extensive debate by M. LANGHORN POST OFFICE In addition, Madam Speaker, we will many other candidates as well during BUILDING consider H.R. 3726, the Castle Nugent the course of the election. The SPEAKER pro tempore. The un- National Historic Site Establishment The gentleman is well aware because finished business is the question on Act of 2009; and H.R. 4474, the Idaho Members on his side have talked about

VerDate Nov 24 2008 01:20 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\A21JA7.004 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE H302 CONGRESSIONAL RECORD — HOUSE January 21, 2010 it and Members on my side have talked are able to stop Obama on this,’’ refer- we have before us, the question that about it, about the number of Ameri- ring to health care, ‘‘it will be his Wa- the voters of Massachusetts had before cans who don’t have insurance and the terloo. It will break him.’’ them, just like the voters in Virginia number of Americans who are being Very frankly, I tell my friend that I and New Jersey, had a lot to do with forced out because of cost and the num- have discussed with him and with Mr. the health care bill that this House de- ber of small businesses that are being BLUNT, my good friend, who was his liberated upon and passed, and the confronted with 10, 15, 25 percent pre- predecessor, and with whom he worked health care bill that the Senate delib- mium increases. in the whip organization, and asked erated upon and passed. him to participate with us. I did that And, Madam Speaker, I would say to b 1315 early this year. I did it a little later in the gentleman there is very little dis- So the gentleman is well aware of the the year. Sometime before I met with agreement among the pollsters that fact that health funding and health you as well in trying to discuss was have tested where the American people coverage is a challenge for our country there a way forward to work in a bipar- are on these health care bills. They are and for our citizens. tisan fashion? Unfortunately, that did opposed to these health care bills. And The gentleman mentions the elec- not result in a bipartisan fashion. you may insinuate that some of the tion. The election, obviously, that oc- I will tell my friend on a smaller, comments that have been made by in- curred in Massachusetts, like every more defined matter, the Children’s dividuals in this body or the other on election, dealt with many issues. My Health Insurance Program, I spent our side of the aisle were meant to ob- own view is that Americans are most about a hundred hours trying to work struct. focused, as we need to be, on the cre- with many on your side of the aisle to But I can tell the gentleman, Madam ation of jobs, making sure that Ameri- try to get—in the last Congress—to try Speaker, that the American people cans get back to work, have a liveli- to get bipartisan agreement on moving right now want this health care bill de- hood that they can support themselves children’s health insurance. And as I feated. They want health care reform, and their families. I think they are am sure you recall, because you but not in the way that has been con- very concerned about that. weren’t with us on that issue, we structed under either one of these bills. They are also concerned about the couldn’t get bipartisan agreement. And if I recall, and I appreciate the fact that we pass a health care bill. I So the answer to your question is I gentleman’s willingness to meet with have just read a poll, an exit poll that would like to have bipartisan discus- me several months ago, and I don’t indicates that the majority of voters sions moving forward on this issue, but want to take his comments as being who had voted for Obama but voted for I have concluded from my experience dismissive of our proposal, because I the new United States Senator-elect over the last year, and not just these— handed him a summary, but I can tell from Massachusetts believed that we I quote three, but there have been the gentleman right here is the House ought to pass a health care bill. So, ob- many other statements as well—that Republican bill. And there are ele- viously, their vote for the new Senator indicate that opposition for opposi- ments in this bill we can both agree was based upon something other than tion’s sake has been adopted at least upon. The plan is still before us. And if that particular issue. by some on your side as a strategy and we take into consideration that, we So obviously, there were a number of as a tactic. have got a plan. The public doesn’t like issues that impacted on this election. I think the losers are not so much the gentleman’s plan. But let me say again that almost all Democrats in that context. I think the And fast forward to a discussion the the candidates running for President losers are the American people. They gentleman and I had on the floor, I be- last time, when they articulated a expect us and want us to work together lieve, Madam Speaker, that the gen- focus on national issues, focused on towards resolving the issues that con- tleman told me it was not worth his health care and the need to make sure front them, one of which is health care. while to engage in conversation with that health care was available to all of They know it is an issue. I read the re- Republicans because we would not em- our citizens. sults in Massachusetts. But I will tell brace the public option. I would tell Now, as relates to the gentleman’s you I have also read the polls which, the Speaker—— bipartisanship, the gentleman was when asked, not so much about a bill, Mr. HOYER. Would the gentleman quoted apparently just a few days ago but whether or not health care reform yield on that point? about referring to our meeting. Our is needed in this country, a very sig- Mr. CANTOR. I would tell the gen- meeting of course dealt with a one- nificant majority of Americans respond tleman we still don’t embrace the pub- page recitation of three or four pro- they think it is. lic option. We don’t embrace it because posals, many of which are in the health They think that when they are de- it is a path to single payer. So I would care bill that we passed in this House nied coverage for preexisting condi- ask the gentleman again, the Speaker in one fashion or another. Notwith- tions, that is a problem. They think earlier today said, quote, ‘‘I don’t standing that, of course, as you know, when their child becomes 26 years of think it is possible to pass the Senate no Republicans voted for the bill. age, or now 23 years of age and out of bill in the House. I don’t see the votes I was not surprised at that, frankly, college and doesn’t have insurance, for it at this time.’’ I would ask the because in February, apparently not they think that is a problem. They gentleman, Madam Speaker, if that is based upon the specifics of a proposal, think that when they have a very seri- an accurate statement that we can because the specifics of a proposal were ous illness costing them thousands and then count on. not on the table until the summer, thousands of dollars, that an insurance Mr. HOYER. I don’t know about your campaign chairman, PETE SES- company telling them, sorry, you cost counting on. I don’t know what you SIONS said, ‘‘I told Republicans that too much, we can no longer insure you, mean by ‘‘counting on.’’ I think the they need to get over the idea that we they think that is a problem. When Speaker’s comments this morning, you are participating in legislation and they go deeply into debt for health care asked me if it was an accurate state- ought to start thinking of themselves costs that aren’t covered by their in- ment. I think she believes that is an as an insurgency instead.’’ He was surance company and have to declare accurate statement in terms of where quoted in the Politico, House GOP bankruptcy and put their home at risk, the votes are today. I responded, as I Bullish at Virginia Retreat, February they think that is a problem. told the gentleman, there is substan- 2, 2009, as saying that. So, yes, I tell my friend that these tial differences. We are discussing Furthermore, Senator JIM INHOFE on are issues that we would like to work those differences, as we have been for the Hugh Hewitt Show, 7/23/09, said, together on, and we hope that can hap- some period of time. ‘‘We can stall it. And that is going to pen. Let me make another comment. The be a huge gain for those of us who want Mr. CANTOR. I thank the gentleman, gentleman is very animated and very to turn this thing over in the 2010 elec- and I take the gentleman’s comments happy, as I would be in his position, tion.’’ Senator JIM INHOFE, as I said, to heart that he wants to do what is about the results of Massachusetts, as said that. And then Senator JIM right by his constituents and the peo- we were very happy about the results DEMINT said, also in July of ’09, ‘‘If we ple of this country. But the question in New York 23, where the health care

VerDate Nov 24 2008 01:20 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K21JA7.035 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE January 21, 2010 CONGRESSIONAL RECORD — HOUSE H303 bill was also at issue, as the gentleman Senate now. We believe that that progress on this, those figures, in my knows, in a district that we hadn’t won would substantially move forward on view, belie that assertion. In fact, we for 150 years just a couple months ago. creating jobs. It is not the answer, but made progress. Not only that, the And as the gentleman knows, we won it is one of the answers we think. It fo- stock market is up 60 percent. It’s had that district in a district, as I said, un- cuses, as the gentleman knows, on in- a couple of bad days. It’s up 60 percent like Massachusetts, that we had not frastructure, which we think is a very since we adopted the Recovery and Re- won in 150 years. important initiative that gets people investment Act. It had a minus growth But let me say something. Your can- working immediately, jobs here in under your economic policies during didate who did win supported the Mas- America. We think that is very impor- the 8 years of the Bush administration, sachusetts plan, which has great simi- tant. It also tries to help States so minus to the extent it decreased in larity to the plan that he now opposes. they are not laying off teachers and po- value so that the investment I had in So it is somewhat ironic that we would licemen and firemen. We think that is 2001 was about 26 percent less valuable take that as a bellwether, because he, very important as well. in December of 2008. Contrast that to as a member of the State senate, actu- But let me say something. I get a lit- the Clinton administration in its 8 ally voted on a plan that, much like tle confused, and perhaps these facts years. The value of your stock port- our plan, tried to reach the objective of are not well known to you, but I folio or investments went up 226 per- covering all people. So he has already thought I would remind you of these cent. That’s a 250 percent difference. voted for a plan like that. He has indi- facts. We pursued an economic program So I tell my friend that we have cated he is not going to vote for this that your party put forward from 2001, taken very substantial action. We’re plan. I understand that. But it is not 2003 on for 8 years. Now, while the peo- going to take more action because like he hasn’t got a record of wanting ple gave us the majority in the House until we get Americans back on the to achieve the objectives that the bills and the Senate in 2006, obviously Presi- job, until we get America growing so that are under discussion are trying to dent Bush threatened to or did in fact that it creates the kind of jobs our peo- achieve. veto any changes that we made in eco- ple need and must have to support Mr. CANTOR. I thank the gentleman. nomic policy. themselves and their family, we’re not I would respond simply by saying b 1330 going to be satisfied. most indicators are the voters of that That economic policy, which you So, yes, we passed a bill last month Commonwealth voted for Mr. BROWN were a very strong supporter of and which you and your party voted because of his stances, and one of those your party was a very strong supporter against. We think that’s unfortunate. stances was that he would vote against of, you continue to mention jobs; so I If you have ideas, I would love to sit the Senate or the House health care want to make sure you know these sta- down with you again and discuss your bill as they were constructed. And I tistics. ideas. Very frankly, however, some of agree with the gentleman we need to In the last 3 months of the Bush ad- the ideas we’ve discussed to date are do something about health care. ministration under the economic poli- some of the same ideas that, in my I would remind him that it is the cies that not only did you pursue then opinion, led to not such a robust job- CBO who has pointed out that our Re- but you still want to pursue, because, creating economy; in fact, as I said, the publican plan is the plan that actually in fact, the proposals that you have worst economy we’ve seen in 75 years. does reduce health care premiums. made essentially mirror the proposals I yield back. That is where we started this whole that were made in 2001 and 2003, those Mr. CANTOR. I thank the gentleman, discussion, was to reduce health care proposals were touted by you and oth- Madam Speaker. costs for the American people, and con- ers—I’m not going to go through all First of all, I know that it is tempt- tinue to reform the system so we can these quotes—as going to grow the ing for the gentleman to delve into the maintain the quality we have. economy, create jobs, and have a ro- past, comparing the Bush policies to And, Madam Speaker, I just say that bust growth in our economy. In No- the Clinton policies, but I know the it is time, I think, for this body to fi- vember and December and January, gentleman realizes we are in the year nally listen to the American people and that policy which you pursued lost 2010. We have new challenges before us. what they are asking us to do, run this 2,019,000 jobs in 3 months, and we con- And I would say that the piece of infor- body in an open and transparent way, fronted the worst recession, the ‘‘great mation left out by the gentleman is the stop the back room deals, the recession,’’ if you will, worse than at fact that it was his party that con- Cornhusker Kickbacks, the Louisiana any time in three quarters of a cen- trolled Congress during some of the pe- Purchases, and make it so that this is tury. And it somewhat confounds me riod in which he cites the job losses. In once again the people’s body. And we that you still—your party, not nec- fact, there have been 3.6 million jobs can all then deliberate out in the open, essarily you personally—presents an lost just since January of 2009. agree where we can agree to produce economic policy which was the poorest I would then say to the gentleman, as the positive reforms that the people ex- job-creating administration, 8 years, far as the stimulus bill that you speak pect. since Herbert Hoover, an average of ap- of—— With that, Madam Speaker, I would proximately 4,000 jobs per month. You Mr. HOYER. Will the gentleman ask the gentleman what his intentions needed 100,000 just to stay even. yield just on your assertion that we are or what he thinks we can see in Now, I would tell the gentleman, were in control? this House as far as an attempt to ad- since the Recovery Act, which you nor Mr. CANTOR. I will yield at the end dress the issue that the majority leader your party voted for, since the Recov- of my statement. said was the number one issue on the ery Act, let me tell you what the last My point is that the stimulus bill minds of voters in Massachusetts, as quarter was. Perhaps you know. We that passed almost 1 year ago, there is well as the country, and that is the still have not succeeded in growing growing consensus here that it was not economy. Before we left for the winter jobs, so we haven’t had success, but sufficiently targeted toward job break, we had a bill that came up that we’ve had great progress. Let me tell growth. In fact, even the portion of in- was dubbed a jobs bill. There was a lot you how much progress. Remember I frastructure spending that the gen- of difficulty I know on his side in mus- told you that you lost, in the last 3 tleman and his party and this White tering the needed votes to get it months under your economic program, House decided upon, the design of that passed. And I was wondering is there 2.019 million jobs. The last quarter we spending, the Associated Press has legislation he has in mind that would lost 208,000 jobs, a quarter, 3 months. come out with a study indicating it did be offered to address the situation that That’s way too many jobs. We want to not grow employment at the local level Americans confront, which is double be creating, as the Clinton administra- in the communities which we rep- digit unemployment? And I yield. tion did, on average 220,000-plus jobs resent. Mr. HOYER. I thank the gentleman per month; 22 million in total over 8 So if we understand and know that for the question. In answer to his ques- years. that is not the way to grow jobs, that tion, we passed a jobs bill through this So I tell my friend that when the is, the design of the stimulus bill, why House in December. It is pending in the gentleman says we haven’t had would we vote for Stimulus II? In fact,

VerDate Nov 24 2008 01:20 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K21JA7.037 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE H304 CONGRESSIONAL RECORD — HOUSE January 21, 2010 I would remind the gentleman, as I had the veto pen and the votes to sus- I yield back. know he remembers, the bipartisanship tain a veto, even when we tried to give Mr. CANTOR. I thank the gentleman. around the Stimulus II vote in Decem- 4 million children health insurance in I would simply respond that the Re- ber was against the bill, as well over 30 America, that veto was sustained. publican no-cost jobs plan is a plan Members on his side of the aisle voted They were not given that insurance that was fashioned around the prin- against the bill because, again, I be- until President Obama signed the bill, ciple that we’ve got to remove the un- lieve it is trying to get it right this which was one of our first bills. certainty gripping the small businesses time. So I say to my friend, looking back is and job creators in this country. So And so instead of the gentleman’s useful only to the extent that you en- contrary to the suggestion that the continuing to refer to years ago, I sure that you do not repeat the mis- gentleman made about the fact that we would remind him that we have pre- takes of the past. The Clinton eco- just want to get rid of regulation, what sented to him as well as to the Presi- nomic program worked and the Bush the plan actually said, Madam Speak- dent a Republican no-cost jobs plan. program did not. er, was to halt any proposed regulation The gentleman has dismissed that doc- I want to tell my friend on his points expected to have an economic cost or ument and that plan saying there is for recovery, this so-called free recov- result in job loss or have a disparate nothing for free, that we shouldn’t be ery, supply-side recovery, if you will, impact on small business. In the same way, we call for lowering talking about things that we could do one of the first things you want to do the deficit now without raising taxes together that don’t cost anything. is stop the deluge of rules and regula- because, as we all know, people don’t I would say to the gentleman, the tions. Very frankly, I tell my friend know where Washington’s next move is President himself has said that within one of the reasons we faced such a cri- going. And so we say let’s just freeze the passage of three trade bills sitting sis was the last administration took the referee off the field. As a result of domestic discretionary spending at last in this body, we could see the creation year’s level. My goodness, every small of 250,000 jobs. We have had discussion the referee’s being off the field, the players on the field went wild and did business owner, every family in this on this floor about whether those trade country is having to go through that bills are coming forward; 250,000 jobs at irresponsible things and, unfortu- nately, the taxpayers of this country, exercise and, frankly, is having to cut, no cost. It seems to me we really not just freeze. should go about doing that as well as in order to prevent a great depression as opposed to a great recession, had to In the same way, the suggestion that the other items that we listed in our respond. The good news, hopefully, is perhaps Republicans wouldn’t support no-cost jobs plan that the House Re- that we are going to get paid back. The transparency and an even playing field publicans have put forward. President has made efforts to make and regulations that will control the And I yield to the gentleman. amount of leverage on Wall Street, Mr. HOYER. I thank the gentleman. sure that happens. I hope, and you hope, I’m sure, that we do get paid that’s silly. Of course we support ef- First, let me observe that the gen- forts like that. But what we do know is tleman—I don’t blame you at all for back. You want to block tax increases and this administration, and, frankly, the not wanting to look back at history. I cutting taxes. We cut taxes for 95 per- majority in Congress, has been very wouldn’t want to stand on that record cent of Americans, as I’m sure you slow at getting the message out to either, but it’s important to look at know, in the Recovery and Reinvest- auditors and regulators in the field history so that we don’t repeat the ment Act. You want to freeze invest- that they should be reflecting the sen- same mistakes. ment in items like job training, infra- timents that the Secretary of the The assertions that were made for structure, and education to rein in Treasury and the Chairman of the Fed- the policies that you pursued of great deficits and debt. You want to freeze eral Reserve have said, which is, we growth and economic expansion—which investments in giving people new skills need to return back to some sense of did not occur. That’s why I point it so they can get the jobs that are being normalcy in the assessment of risk, be- out, because, frankly, your proposals created. We don’t think that’s good cause we all know this country has mirror those that have been made in policy. Your program says you want to been built on entrepreneurialism, on the past, and the premises that you reform the unemployment system by opportunity. It is not that we have seen our prosperity come from this have pursued are the same that you are requiring people to participate in job government. That’s where, really, pursuing now. training. We agree with that, but you It is instructive, I think, for the Madam Speaker, the differences lie be- have to make sure that the job train- American people and for us who rep- cause we don’t believe that the way ing is available to them. resent them to look at what worked Approving the free trade agreements, back to economic revival is through and what didn’t work. Your party as the gentleman knows, I am a sup- more Keynesian economic policy. unanimously opposed the Clinton eco- porter of the free trade agreements. I b 1345 nomic policies. Mr. Armey, an econo- don’t think it would create those The gentleman can go ahead and sug- mist who was your majority leader, 250,000 jobs tomorrow or the next gest that the Bush policies failed. Obvi- said that they would fail miserably. In month or the month after, but I agree ously, I disagree. He would probably fact, they succeeded mightily. They with the gentleman that that’s a good defend the Carter policies. I would cer- created those 22 million jobs that I policy. It’s controversial policy, I say tainly disagree with that and would said. In fact, in the last year when to my friend, as he well knows, on both say that they were an utter failure. He there was a slowdown, they created 1.8 sides of the aisle. would probably say that the policies of million jobs as opposed to losing 3.8 You want to reduce tax barriers that Ronald Reagan were a failure. I would million jobs under the last year of the inhibit domestic job creation. The Re- say we disagree on that. Bush administration. I think it is in- covery Act, as you know, had tax cuts At the end of the day, what’s really structive to see what worked and what for small businesses to do exactly that. the problem here is this government, didn’t. Your side didn’t support that. under the majority’s rule and the So that is why I refer to it, not be- You say address the housing crisis by President’s, has continued to expand. cause I think that will solve our prob- giving regulators incentives to deal re- We haven’t put an end to the bailout lems going forward. I agree with the sponsibly with banks and their bor- culture. Every time we expect to see gentleman. What is important is: What rowers; however, as I pointed out ear- the TARP program end, there is an- are we going to do now? But we would lier, in fact, and history shows that, other use that has come up for that be fools, as the writer said, to continue regulation and oversight and the ref- money, which is an emergency pro- to do the same thing and expect a dif- eree’s being on the field was a policy gram. Every time we expect to say to ferent result. that the previous administration business owners and their working So I say to my friend, when he as- thought got in the way. Well, I think families, let’s stop sending signals that serts that we were in charge in 2007 and that referees that get in the way of the we’re going to impose costs on you. 2008, he and I both know that economic game are not useful, but referees that So, if it’s a cap-and-trade bill, if it’s policy was not changed. Why? Because make sure that people play by the a card check bill, or if it’s a tax in- the President of the United States, who rules are essential. crease, why can’t we just say, ‘‘stop’’?

VerDate Nov 24 2008 01:20 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K21JA7.038 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE January 21, 2010 CONGRESSIONAL RECORD — HOUSE H305 Let the American people regain their So what? you say. people of this country, no card check sense of economic security and let the Let’s not repeat those mistakes. bill this session, no cap-and-trade this ingenuity in the private sector take Let’s invest in our future, which is session, no death tax this session, and hold again. what we did in the Recovery and Rein- no hiking taxes in the time of unem- I yield. vestment Act. Mark Zandi says that we ployment that we are in? Those are the Mr. HOYER. I thank the gentleman saved over 1 million jobs—1.6 million, I things from which we could send a mes- for yielding. believe is what Mark Zandi says— sage to the entrepreneurs and small I’ve heard that rhetoric for 24 years which we would have lost had we not businesses to lift this veil of uncer- here, and I’ve certainly heard it for the passed that bill. So did it work per- tainty. last 8 years. The gentleman likes to fectly? It worked better than the poli- I yield. put words in my mouth about previous cies we were pursuing, frankly, that we Mr. HOYER. Mr. CANTOR, this is a administrations of what I might say or inherited. That was my point. I think scheduling colloquy. It has gone on for did say. it is a valid point. If the gentleman dis- a long time, and it is a very political We’re talking about policies that you agrees with my figures, I’d be glad to colloquy, more political than I was in- want to replicate which have been pur- be corrected. I think they’re accurate. volved in with Mr. DeLay, I think. sued. That was my point. It remains Mr. CANTOR. I thank the gentleman. That’s good rhetoric. None of those are my point. I think it’s a valid point. Mr. HOYER. Oh, let me say one addi- scheduled. The gentleman knows none Did your policies work? You can tional thing because you talked about of them are scheduled. argue all you want and say the Bush certainty. The gentleman doesn’t like the fig- administration policies worked. You Mr. CANTOR. I didn’t yield, Madam ures, and he harks back to the, you have not in any way said that the fig- Speaker. know, we were in charge in 2007 and ures I have said on this floor, and not Mr. HOYER. Well, you took back the 2008. He knows well what we are not only today, but you’ve had many op- time. I really didn’t yield back, but if talking about is blame; we are talking portunities to look to see whether I’m you don’t want me to continue, I won’t. about what policies were in force. The accurate on those figures, are wrong. Mr. CANTOR. I yield. gentleman says we changed the eco- In point of fact, they did not produce Mr. HOYER. Thank you. I just want- nomic policies in 2007 and 2008. I’m glad what you said they were going to ed to say something about certainty. to hear what policies we were able to produce. We need to adopt policies that I agree with you. We need certainty. change and that President Bush signed do produce. We tried to give certainty in the estate on to. That’s the issue. The gentleman The reason I compared the Clinton tax. Your side voted against that. We wants to avoid that issue. The question administration and the Bush adminis- tried to give certainty in tax extend- is not blame; the question is what poli- tration is that, under the Clinton ad- ers. We tried to extend the tax extend- cies worked and which policies did not. ministration, you said the policies ers, and your side didn’t vote for that. I suggest to the gentleman that of all wouldn’t work. I don’t mean you per- I don’t think you did either, but I agree of the issues to which you referred in sonally. Your party said the policies with your premise and wanted to make your question about the so-called wouldn’t work. In fact, it’s the only ad- that clear. That’s one of the reasons we ‘‘death tax,’’ the estate tax, which af- ministration—not the Reagan adminis- tried to pass making sure that doctors fects approximately half of a percent of tration, not the first Bush administra- treating Medicare patients knew what the American estates, as the gen- tion, certainly not the second Bush ad- they would be getting years out so that tleman knows, and which we wanted ministration—that produced surpluses. Medicare would have the stability that to, frankly, increase by $2.5 million After 8 years, they had a net surplus. it needs. permanently from what it will be under No administration in your lifetime has I yield back. your policies of 1 million and 55 per- had a net surplus after 8 years other Mr. CANTOR. I thank the gentleman, cent January 11—it’s now at zero, as than the Clinton administration under Madam Speaker. you know. That was not intended to be the economic policies we pursued then. I would say again, somehow, in the the permanent policy, and you simply not one. So from that perspective, it’s gentleman’s memory of these past said you’d revert under the bill that not a question of failure. years, there is something that has been you passed, not you personally. So we I will tell you here—and again, these left out, which is this body and Con- want to make that certainty. statistics you don’t like. You’d prefer gress, because, during the Clinton So the answer is, yes, we want to that I simply look at the problems that years, the Clinton years that saw pros- make that certain. We think that $3.5 we’re confronting now. Why are we perity, there was a Republican-con- million per person is a reasonable confronting these problems? Because trolled Congress. The Republican-con- amount and will cover all but one- your economic program did not work trolled Congress yielded tax policies tenth of 1 percent of the estates in and plunged us into the deepest reces- that we believe could once again get us America or thereabouts. sion we’ve had in 75 years. Now, I raise back on track. The other items to which you refer, my voice only because you simply ig- In the same way, referring to all the which animate your party and some in nore that. You say that’s just carping. job losses that the gentleman con- my party as well, are not scheduled, as You say, Oh, we don’t want to look at tinues to recite and point fingers at the gentleman knows. I’m not going to what happened. We don’t want to look and blame the prior administration for, make assertions on what we will or at what our policies produced for 8 if we’re going to play that game, I will not schedule at this point in time, years. We want to look into the future. would say since his party has taken but I can tell you we don’t have them We do, too. What we want to do and control of this body, we’ve lost in this scheduled. what we have been doing, as I pointed country 6.1 million jobs. As he says, Mr. CANTOR. I thank the gentleman. out to you, is trying to bring this econ- none of the job losses are acceptable. I thank him for his indulgence in this omy out of the ditch in which we found I would say to the gentleman that lengthy colloquy. it, in which the American people feel there are many ways to look at these If the scheduling piece of this col- very stressed, properly so. figures and who was responsible for loquy has now yielded, the fact that So we’ve got to get them back the what and who could claim credit for there is an uncertainty as to whether jobs. The first thing we had to do was such, but at the end of the day, what we’ll see card check or whether we’ll to stop losing so many jobs. Again, I we are facing right now is a situation see cap-and-trade or whether we’re would point out, in the last 3 months of where the American people and the going to see tax hikes, then that’s the the Bush administration, we lost 2 mil- small businesses and the working fami- message, I think, that is going to be lion jobs. In the last quarter, in the lies of this country need to regain some delivered to the small businesses that last 3 months, we’ve lost 200,000. It’s confidence. we are going to count on to create jobs. way too many, but it’s one-tenth of So I would ask the gentleman di- In closing, Madam Speaker, I would what your policies produced or did not rectly: If we’re about removing uncer- note that, from Virginia to New Jersey produce in the last 3 months of the tainty, is he willing to say to the small to Massachusetts, the people of those Bush administration. business owners out there and to the States, and I believe the people of

VerDate Nov 24 2008 01:20 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K21JA7.040 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE H306 CONGRESSIONAL RECORD — HOUSE January 21, 2010 America, have spoken. What the people WATCH YOUR HEART AND WHAT He is survived by his wife, Jamie want is a Congress that will work in a IS RIGHT FOR AMERICA Lynn Wengerter; mother, Cheryl bipartisan fashion to get the American (Ms. JACKSON LEE of Texas asked Hodges; stepfather, James Hodges; fa- people back to work. Republicans, on and was given permission to address ther, Richard Hrbek; stepmother, Gail our part, will continue to offer solu- the House for 1 minute.) Hrbek; two sisters, Amy Dellentash tions just as we have done for the last Ms. JACKSON LEE of Texas. Mr. and Lori Hrbek; and two stepbrothers, year, and we hope that—— Speaker, I am reminded of some of the Jim and Beau Hodges. Mr. HOYER. Will the gentleman tougher times in this Nation. Maybe it His dedication to his country and to yield on that issue? was the Vietnam War, when Members his fellow soldiers represents his tre- Mr. CANTOR. I yield. had to vote their consciences. I was not mendous sense of loyalty and selfless- Mr. HOYER. Does the gentleman be- in Congress at that time. It might have ness. Christopher Hrbek is a true lieve that America spoke in November been even further back when LBJ, Lyn- American hero. Chris will never be for- of 2008? Not just a State, not just Vir- don Baines Johnson, had to lead on gotten by his friends, by his family or ginia, not just New Jersey, not just making a body of people in this Nation by the country he fought for. Massachusetts. Does the gentleman be- equal with the 1964 Civil Rights Act f lieve that America spoke in 2008 in vot- and with the 1965 Voting Rights Act. I ECONOMIC INJUSTICE IN AMERICA ing overwhelmingly for the policies imagine it was difficult, and I imagine (Ms. KAPTUR asked and was given that this President put before to re- there were people who said, This is the permission to address the House for 1 spond to the crisis that confronted our wrong way to go. minute.) country? Frankly, none of us even at We’ve often said on this floor, Don’t Ms. KAPTUR. Madam Speaker, here that point in time perceived how deep watch polling in politics. Watch your is something that will grab you. It was the crisis was. heart and what is right for America. I reported this month that Goldman We understand about votes. All of believe the issues dealing with job cre- Sachs, the favored Wall Street firm America voted handily for this Presi- ation and good health care for America that has way too much special access dent, who has put policies before this are good, and the latest polls and elec- in this city and that got bailed out by Congress to try to address the issues of tions don’t daunt our spirits. the American people to the tune of bil- bringing our economy back, giving We are working with those on the lions and is now handing those over in Americans health care they could other side of the aisle. We are working bonuses to their executives, has paid a count on, making sure that we were en- with the American people. We do want net effective tax rate of 1 percent. You ergy independent. transparency, but I, for one, am not heard me right—1 percent, Goldman You know, you talk about votes. This going to step away from helping people President was elected just approxi- Sachs. get the best health care they can. We When most small businesses and cor- mately a little over a year ago to carry don’t know the timing of it. Maybe to- porations in this country are paying at out the policies that he has been pre- morrow. a 35 percent tax rate, Wall Street’s senting, and notwithstanding that elec- Yet the idea to feel crushed or crum- elites still don’t carry their fair share. tion, as I recall, your party has not bled because of some actions that deal Imagine that secretaries, nurses, fire- supported his policies at all. in politics is not the way to exercise fighters, cleaning crews—the middle Mr. CANTOR. I thank the gentleman your conscience and to do what is right class of this country—pay at a higher for that. for America. That’s what we will do in rate than Goldman Sachs. I would say, Madam Speaker, in clos- this country and in this Congress, and Meanwhile, the chief executive offi- ing, yes, America voted in 2008 for I will stand on that side. cer of Goldman Sachs, Mr. Lloyd Barack Obama to become President of f Blankfein, harvested over $140 million the United States. It was this Novem- HONORING THE LIFE AND SERVICE in salary as head of that firm. When he ber that the people had the oppor- OF AN AMERICAN HERO, SER- was asked, Well, isn’t this a bit too tunity in the two States with the gu- GEANT CHRISTOPHER RICHARD much? His answer was that he’s doing bernatorial election and then just this HRBEK God’s work. I call that blasphemy. week the people of Massachusetts had This is fundamental economic injus- (Mr. GARRETT of New Jersey asked an opportunity to vote for their Sen- tice in America, and the American peo- and was given permission to address ator based on the policies that have ple know it. They’re voting their frus- come out of this new administration the House for 1 minute.) Mr. GARRETT of New Jersey. Mr. tration. They expect Congress to listen and the majority in Congress. to them, not to continue to reward It is those policies that were voted on Speaker, I rise today in honor of a re- cently fallen Marine, Sergeant Chris- Wall Street’s overprivileged scions at this time, and it is those policies that their expense. I believe do not reflect the mainstream topher Richard Hrbek. BILL MOYERS JOURNAL of America and where the Republicans He was a field artillery cannoneer with the 3rd Battalion, 10th Marines, (By Bill Moyers) stand, ready to work with the gen- The ancient Romans had a proverb: ‘‘Mon- tleman and his party in trying to bring out of Camp Lejeune. He was stationed in Afghanistan. Sergeant Hrbek was an day is like sea water. The more you drink, the debate and these policy solutions the thirstier you become.’’ That adage finds back towards where most Americans active member of his community back particular meaning today on Wall Street, feel we ought to be heading in terms of in Westwood, New Jersey. He was a vol- which began this New Year riding a tidal direction for this country. unteer fireman for 9 years. In 2003, in wave of bonuses in a surging ocean of greed. I do thank the gentleman. response to the attacks on September Thanks to taxpayers like you who gener- 11, 2001, he enlisted with the United ously bailed banking from the financial ship- f States Marines. He heard the call of wreck it created for itself and for us, by the duty and he answered it. end of 2009 the industry’s compensation pool HOUR OF MEETING ON TOMORROW As a Marine, he served multiple tours reached nearly $200 billion. And despite Mr. HOYER. Madam Speaker, I ask windfall profits, the banks will claim almost of duty, which included combat in Iraq $80 billion in tax deductions. And nearly $20 unanimous consent that when the and Afghanistan. On December 23, 2009, billion of those deductions will go to just House adjourns today, it adjourn to under enemy fire, he saved the life of three institutions—Morgan Stanley, JP Mor- meet at 10 a.m. tomorrow, and further, his sergeant major, who had stepped on gan Chase, and Goldman Sachs. that when the House adjourns on that an IED. For this, he was to be awarded Ah, yes—Goldman Sachs, that paragon of day, it adjourn to meet at 12:30 p.m. on a Bronze Star with a combat ‘‘V.’’ He profit and probity—which bet big on the Tuesday, January 26, 2010, for morning- then set the highest example of some- housing bubble and when it popped—pres- hour debate. to!—converted itself from an investment one who was willing to risk his life to firm into a bank so it could get your bailout The SPEAKER pro tempore. Is there save the lives of others. money. Now consider this: In 2008, Goldman objection to the request of the gen- Sadly, on January 14, 2010, he, him- Sachs paid an effective tax rate of just one tleman from Maryland? self, stepped on an IED, and died in the percent. I’m not making that up—one per- There was no objection. service of his country. cent!—while their CEO Lloyd Blankfein

VerDate Nov 24 2008 01:20 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K21JA7.041 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE January 21, 2010 CONGRESSIONAL RECORD — HOUSE H307 pulled down over $40 million. That’s God’s task, but we were sent here to Wash- These are lessons we should all take work, if you can get it. And, believe me, Wall ington by the people to be their voice away from what the people, our con- Street bankers know how to get it. and tackle these immense challenges. stituents, are saying. I hope the leader- f There is plenty of blame to go around ship and the White House are listening for our current condition. Democrats b 1400 today. It is not too late to change need to recognize that ambitious plans course, but we can’t continue down our SPECIAL ORDERS to address longstanding priorities such current path. The people are saying, The SPEAKER pro tempore (Mr. as health care, energy, and other Listen to us. And I certainly hope our LUJA´ N). Under the Speaker’s an- spending initiatives must be postponed leadership will heed that call before it nounced policy of January 6, 2009, and if the will of the people disagrees with is too late. this agenda. And Republicans must re- under a previous order of the House, f member that they were in charge when the following Members will be recog- The SPEAKER pro tempore. Under a nized for 5 minutes each. hundreds of billions of dollars in defi- cits were common even when our econ- previous order of the House, the gen- f omy experienced brighter days. History tleman from Texas (Mr. PAUL) is recog- The SPEAKER pro tempore. Under a can’t simply be swept under the rug. nized for 5 minutes. previous order of the House, the gentle- Without further blame on the part of (Mr. PAUL addressed the House. His woman from California (Ms. WOOLSEY) either side, there are some simple solu- remarks will appear hereafter in the is recognized for 5 minutes. tions that will help solve some of these Extensions of Remarks.) (Ms. WOOLSEY addressed the House. problems. f Her remarks will appear hereafter in First, we must reinstate statutory the Extensions of Remarks.) PAYGO. Statutory PAYGO budgeting ISRAEL’S RIGHT TO EXIST f rules were in place when we experi- The SPEAKER pro tempore. Under a enced record budget surpluses in the previous order of the House, the gen- LISTEN TO US late 1990s. PAYGO rules are the only tleman from Texas (Mr. POE) is recog- The SPEAKER pro tempore. Under a proven way for Congress to keep spend- nized for 5 minutes. previous order of the House, the gen- ing in check. Mr. POE of Texas. Mr. Speaker, since tleman from Alabama (Mr. BRIGHT) is Second, we should pass a fiscal budg- the rebirth of the nation of Israel over recognized for 5 minutes. et commission, and pass it cleanly. 60 years ago, radical jihadists have re- Mr. BRIGHT. Mr. Speaker, on Tues- This commission will force Congress to lentlessly tried to destroy this nation. day night the people in Massachusetts act on legislation to reduce excessive Funded by Iran, Hezbollah attacks reiterated a message too often forgot- long-term government spending and from the north and thousands of ten in Washington, that message being support for some kind of a fiscal spread unguided rockets have rained down on ‘‘listen to us.’’ I have heard this mes- across party lines. But, too often, lead- Israeli villages. That is right: unguided sage for quite some time now as I go ership of both parties ignore these missiles. That means they deliberately and travel throughout and across my commonsense solutions. Let’s come to- go anywhere and hit anybody where district. gether, not as Republicans or Demo- the missile is fired. That includes men, People are fed up and angry, and they crats, but as Americans, to do the work women, children. It doesn’t matter to think that Congress and the White of the people. Hezbollah. They want to kill in the House are not listening to them. They In the coming months, leadership name of terror. think that Washington is moving in needs to heed the call of their own con- Hamas does the same thing in the the wrong direction and is ignoring stituents and people around the coun- south. Over 12,000 missiles have been them altogether. As we say in Ala- try. They need to listen to the good launched into Israel from the Gaza bama, the Massachusetts election was ideas of people in both parties, and es- Strip alone. I have been to Israel, and a bell ringer, and leadership needs to pecially from the moderates who are it is a small country. It is the size or willing to listen to and to work with listen to that bell ringing. smaller than the size of New Jersey. the other side. The current state of health care re- But yet from the north they get mis- Let’s put our heads together and fix siles, from the south they get missiles. form epitomizes their disgust. We can the economy while not breaking the all agree that health care is a concern bank. Let’s find smart and innovative But they still exist, and they have the and needs to be reformed. But what solutions, such as the America Works right to exist. Israeli citizens fight good is health care reform if people Act and the Small Business Start-Up these radicals rather than give up and don’t have jobs, if they can’t feed their Savings Account Act, that will help get surrender. After all, victory never children, they can’t pay their mort- our economy back on track. Let’s help comes by taking the path of least re- gage, they can’t pay their bills? I have small businesses and focus on improv- sistance. heard this message from my constitu- ing Main Street and not just Wall These are unprovoked attacks into ents, and I know our primary focus Street. Let’s extend the 2001 and 2003 this nation. Israel is assured by us, the must be on the economy and jobs. tax cuts to give families continued as- United States, that she has the right to I am not alone in my opinions. Elect- surance that the Federal Government defend herself, but sometimes we try to ed officials from across the country won’t be asking any more from them in interfere with her own national de- and across the political spectrum are these troubled times. fense. Israel is our strongest ally in the hearing the same comments: Congress And while we are addressing these Middle East, and we need to treat her needs to focus on the economy; the problems, let’s get rid of some of the as such. health care bill is too massive; I don’t things that have divided us in the past. The whole situation is made even like the process, are common refrains Let’s stop using harsh partisan lan- more complicated by Iran’s pursuit of as I travel across my district. guage and rhetoric that serves little nuclear weapons. The Tiny Tyrant in Closely rivaling Americans’ concerns purpose other than to undermine the the Desert, Ahmadinejad, has the about the economy is their wariness of faith that the American people have in means to hit Israel with missiles. And Federal spending. Too often in the both parties. not only Israel, but our troops in Iraq past, Congress was not held account- Let’s sit down and thoroughly debate and Afghanistan. able by the people, but trillion-dollar issues and not rush to pass a bill sim- Iran is the largest state sponsor of deficits as far as the eye can see have ply for the sake of doing something. terrorism in the world, and to allow awoken them, and rightfully so. For Let’s open the doors to the public so Ahmadinejad to have nuclear weapons our children’s and grandchildren’s the public can see the legislative proc- is not a nuclear option. The Tiny Ty- sake, we must get our fiscal house in ess. rant Ahmadinejad uses murder and order. And, finally, let’s stay focused on the brutality to try to silence protests in To be sure, these challenges are not issues for which we have a real man- his own country of Iran. Imagine what easy to solve. Improving the economy date: improving the economy and cre- he will do to the world if he has nu- in the middle of a budget crisis is a tall ating jobs. clear weapons.

VerDate Nov 24 2008 01:20 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\A21JA7.019 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE H308 CONGRESSIONAL RECORD — HOUSE January 21, 2010 The best great hope for the world is Make no mistake about it, Israel will come to Washington to publicly speak that the people of Iran change their re- not surrender or retreat in the wake of out on this issue of life and the sanc- gime, and we should encourage and this violence. Israel shall never give in tity of life. I just want to say to those support the students, the academics, and never give up the right to exist, who are coming, I want to thank them, and others not to give in to their op- whether jihadists like it or not. And the people from all across the country pressive dictator. the United States should make it clear who come, for their dedication to a Israel has been fighting radical to terrorists that we will stand shoul- cause that matters so much, the cause jihadists for decades, and they have der to shoulder with our friends and al- of life. been on the front lines. Terrorist at- lies. Every year on this day, people across tack after terrorist attack, they have And that’s just the way it is. the country pause to remember the endured. We all remember the mas- f millions of lives that have been lost sacre of Israeli Olympic athletes in since Roe v. Wade was decided on that The SPEAKER pro tempore. Under a Munich in 1972. And then there was the fateful day in 1973. In just 37 years, previous order of the House, the gen- slaughter of Israeli teenagers in a pizza nearly 52 million unborn children have tleman from Oregon (Mr. DEFAZIO) is parlor in Jerusalem in 2002. been lost to abortion. Sadly, we can recognized for 5 minutes. Radical Islam kills people they hate. never know what those lives may have (Mr. DEFAZIO addressed the House. They kill them in the name of religion, been—doctors, teachers, athletes, per- His remarks will appear hereafter in people of different religions, like Jews, haps even Congressmen and Congress- the Extensions of Remarks.) Christians, and even moderate Mus- women. We mourn the loss of those un- lims. f born children. The modern State of Israel was The SPEAKER pro tempore. Under a But I also want to take a moment to founded in the wake of the Holocaust, previous order of the House, the gen- rejoice in the millions of lives that after 6 million Jewish people were mur- tleman from North Carolina (Mr. have been saved because women have dered by the Nazis. The reestablish- JONES) is recognized for 5 minutes. chosen life. Because of the caring peo- ment of Israel reflects the best con- (Mr. JONES addressed the House. His ple like those who will come and march science of a civilized world. And Israel remarks will appear hereafter in the this week in Washington, because of has the absolute right to exist, just as Extensions of Remarks.) the pregnancy care centers, so many other nations do; and it has the abso- f women have opted not to have abor- lute moral right to defend itself tions but instead carry their babies to against those who want to eliminate The SPEAKER pro tempore. Under a previous order of the House, the gentle- term. her. Many of us may have heard that this woman from Ohio (Ms. KAPTUR) is rec- Israel is our partner and ally in this year’s Super Bowl will feature a com- fight against terrorists, terrorists who ognized for 5 minutes. (Ms. KAPTUR addressed the House. mercial that tells a story of a well- deliberately target civilians. Innocent known quarterback, Tim Tebow. Tim’s women and children are considered Her remarks will appear hereafter in story is a powerful one. His mother, military combatants to terrorists. the Extensions of Remarks.) Pam, became pregnant while she was Jihadists use women as hostages and f working with her husband in the Phil- hide behind their skirts for their cow- The SPEAKER pro tempore. Under a ippines as a missionary. While preg- ardly cover. previous order of the House, the gen- Some history is in store here, Mr. nant, Pam contracted amoebic dys- tleman from Indiana (Mr. BURTON) is Speaker. Back in 1967, Israel was forced entery through contaminated drinking recognized for 5 minutes. water. She was told that the medica- into a war by Arab nations. President (Mr. BURTON of Indiana addressed Nasser of Egypt threatened to ‘‘drive tions required to treat her illness the House. His remarks will appear Israel into the sea,’’ and the conflict is would cause irreparable damage to her hereafter in the Extensions of Re- now called the Six Day War. The ar- unborn child, and so Pam was encour- marks.) mies of Egypt, Syria, Jordan and Leb- aged to have an abortion. Thankfully, anon amassed on the Israeli borders, f she refused, and her son, Tim, went on and President Nasser of Egypt ordered The SPEAKER pro tempore. Under a to play starting quarterback for the the United Nations emergency troops previous order of the House, the gentle- Florida Gators and in 2007 was awarded to withdraw from the Sinai Peninsula. woman from Michigan (Mrs. MILLER) is the Heisman Trophy. So the whole world watched and waited recognized for 5 minutes. Let me share one other brief story. for the destruction of Israel. The (Mrs. MILLER of Michigan addressed As a baby, Patrick Henry Hughes was United Nations stood by and did noth- the House. Her remarks will appear born with diseases that caused him to ing. hereafter in the Extensions of Re- be both blind and crippled from birth. But to the shock of the world, Israel marks.) By some accounts, his life may have been considered less valuable. But Pat- turned back all of the aggressors in f just 6 days and headed to the enemy rick has a unique gift. He has become The SPEAKER pro tempore. Under a capitals. an amazing multi-instrumental musi- Israel won a defensive war on the previous order of the House, the gen- cian who inspires people across the West Bank, Gaza, the Sinai Peninsula, tleman from Washington (Mr. country with his music. In 2006, he was and the Golan Heights. A cease-fire was REICHERT) is recognized for 5 minutes. recruited to join the marching band at then negotiated. (Mr. REICHERT addressed the House. the University of Louisville. He joined International law says that countries His remarks will appear hereafter in the band, playing the trumpet while must return land gained from a defen- the Extensions of Remarks.) his father pushed his wheelchair sive war only under a negotiated peace. f through the marching routines. Pat- So Israel and Egypt have since signed a rick is an inspiration to so many MARCH FOR LIFE peace treaty. Israel gave back the around him. And when asked about the Sinai. Time and again Israel has traded The SPEAKER pro tempore. Under challenges they have faced, Patrick’s land for peace, but it still has no peace. the Speaker’s announced policy of Jan- father said he now asks: What did we All of the nations of the Middle East uary 6, 2009, the gentleman from Penn- do to deserve a special young man must condemn terror as a policy for sylvania (Mr. PITTS) is recognized for who’s brought us so, so much? change. The Palestinians and Israelis 60 minutes as the designee of the mi- For both of these stories, there are must settle their disputes now, some 60 nority leader. hundreds of others that remain untold; years later, through mutual respect, Mr. PITTS. I rise today on the occa- hundreds of lives that may never have cooperation, honesty, and under- sion of the 37th anniversary of the infa- been were it not for those who continue standing. But intimidation, terror, mous court decision Roe v. Wade. I rise to stand on behalf of the unborn. murder is not an acceptable foreign or on the occasion of the annual March First, I want to thank those who are domestic policy and should be publicly for Life that will occur tomorrow with coming tomorrow to visit and march and jointly rejected by all sides. tens of thousands of citizens who will for life.

VerDate Nov 24 2008 01:20 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K21JA7.048 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE January 21, 2010 CONGRESSIONAL RECORD — HOUSE H309 Now, at this time, I would like to about the lives that are lost. Think But we also have to fight for our yield to my colleague from Ohio, JEAN about the potential doctors, lawyers, medical establishment. We have to SCHMIDT, who’s chairperson of the Pro- football players, race car drivers, poli- fight to make sure that the conscience Life Women’s Caucus. ticians, Presidents, Air Force Generals protections for our country’s faith- Mrs. SCHMIDT. Thank you to my that have been lost; moms, dads, sis- based medical providers are in place. good friend. ters, brothers, aunts, uncles. By 1985, These individuals should not have to Mr. Speaker, I rise to talk about this the number has grown to an aston- choose between their morals or their issue. I’d like to take a few minutes to ishing 1.6 million abortions performed livelihood. They should not have to not only say that this is the 37th anni- in a year, and the United States soon face discrimination or retribution for versary of one of the most dark days in became the country with the highest refusing to perform procedures that of- the U.S. history, but to talk about the number of abortions. I could go on. fend their deeply held beliefs. They ramifications of what that act did. The reasons for abortions were easy should not be forced to participate in To give you a little history, the pro- to understand. Women thought that it procedures like abortions that cannot life movement actually began in Cin- was a way to get out of an unwanted be described as health care. Yet, there cinnati, Ohio, and it began before 1974 pregnancy. They didn’t understand are those in Washington who want to in a little place called College Hill by that the consequences of that decision abolish these conscience protection folks by the name of Barbara and Jack would be more lasting and more far clauses for these people and force them reaching than it would be to have had Willke. Jack’s a doctor. His wife, I be- to do just that. the child alone. As reasoning for these lieve, is a nurse, but I could be wrong. We need to work together to ensure abortions, one national survey found But they, along with some other folks, that their faith-based belief is held in that a quarter of the women thought were involved in another crusade in tact, because when we make the choice that the timing of their pregnancy was Cincinnati, and they became aware to protect our country’s medical pro- that this whole issue of abortion was wrong. Another 19 percent thought that they could not afford to keep the viders and when we make the choice to suddenly creeping up in the State legis- preserve our country’s laws prohibiting latures and they wanted to make sure child at the time, and almost 10 per- cent thought that they were just too the Federal funding of abortion, we that Ohio did not allow abortions. So continue to reshape the lasting legacy Barbara and Jack formed this little young. Simply put, these answers indi- cate that the short-term legacy of the of Roe v. Wade. This is the best way group to fight it in Ohio. Supreme Court’s decision in Roe was that we can honor the anniversary of It was Barbara that said to Jack Roe and the millions and millions of Willke, You know, Jack, under the the enabling of the American woman to terminate the life of a child when it lives that have been lost. Constitution, everybody deserves the happened to be inconvenient or fitting I yield back. right to life, including that of the un- for their lifestyle. You know, I could go Mr. PITTS. I want to thank the gen- born. And he looked at Barbara and he on. tlelady for her eloquent words. said, That’s the name of our move- But the tide is changing. Maybe it’s At this time, I yield to the gen- ment. changing because of the miracles of tleman from Louisiana, JOSEPH CAO. And look at how far that movement modern technology. Maybe it’s chang- Mr. CAO. Thank you very much for has grown. It is a national and an ing because a woman can find out im- yielding. international movement. I’m proud to mediately she’s pregnant and imme- Mr. Speaker, as America embarks on lay claim that Cincinnati is part of my diately pay attention to those signs in its 37th anniversary of Roe v. Wade to- district, and while College Hill is not her body. Go to the doctor, get that morrow, thousands will participate in technically in my district, it is part of ultrasound and realize that baby is the March for Life in our Nation’s Cap- Cincinnati. And I’m very proud of the alive, well, and kicking. Those moms itol. But, fundamentally, this year’s work that Barbara and Jack have done, know that’s a real live human being. anniversary of Roe v. Wade should have but also proud of the work that my In 2005, the number of abortions per- deeper meaning than previous years. parents did. I’m proud of the fact that formed were actually down to 1.2 mil- Amid the current debate on health care they educated me on this issue when I lion, a modest but welcomed decrease. reform, the abortion issue has once was old enough to understand it, be- And these abortions were performed by again risen to paramount importance. cause the impact of abortions really only 2 percent of this country’s OB/ Unfortunately, the current bill has hurts all of us. But I truly believe that GYNs. The reality is abortion is no made an unsuccessful attempt to ad- it hurts women the most. longer a part of the mainstream medi- dress affordable health care by ignor- I want to talk a little bit about the cine, and the vast majority of the hos- ing the controversial issue of abortion. privilege that it is for a woman to be pitals in the United States, religious or Abortion is an inhumane perversion able to have a child. If we didn’t have secular, now choose not to perform in our society. As I have stated pre- the opportunity to create, none of us elective abortions. viously, it is a distorted emphasis on would be here. But it is the woman’s Yes, the tide is turning, but much rights, to the disregard of individual privilege to carry that baby inside of has to be done. For example, the last 12 responsibilities. When President her until it is full term. And women, if months have tested the pro-life move- Obama addressed a joint session of they pay attention to themselves, ment here in this House—its initia- Congress last September, he said, know that, yes, they’re carrying that tives, its resolves—more than ever. ‘‘under our plan, no Federal dollars baby right from the beginning, because During this time, pro-life advocates will be used to fund abortions, and Fed- we see some things changing inside of like me have been forced vigorously to eral conscience laws will remain in us. But back in 1974, they didn’t have preserve this country’s longstanding place.’’ all the fancy equipment that they have ban on the Federal funding of abor- 1430 today. They didn’t have all the tions, and it was a major success when b ultrasounds and the three-dimensional the bipartisan majority of the House of Why then is the current health re- ultrasounds, and so in 1974 maybe it Representatives voted in favor of in- form under the Senate plan being tout- was a little easier to think that baby cluding language equivalent to the ed as the right plan for America? The wasn’t a life. But we know that it’s a Hyde amendment in the infamous health care legislation passed by our life today, and we know that it’s a life health care bill. The Stupak amend- friends in the Senate does not reflect immediately. ment prohibited the funding of abor- the longstanding Federal policies that It’s interesting, because the impact tions. But we need to continue that ban abortion funding, and I will abso- of the Supreme Court’s decision has fight on this issue in the upcoming lutely not support it as it is written. been immediate and devastating in the months to ensure that similar lan- The fundamental right to life in this United States. The number of abor- guage is included in any final bill that country was reinforced and more suc- tions in this country skyrocketed after may come forth before this Congress, cinctly elaborated in the first 10 that horrible, horrible decision. It sky- for the vast majority of Americans do amendments to the U.S. Constitution. rocketed from about 750,000 in 1973, to not want their Federal tax dollars to These 10 amendments, more commonly more than 1.3 million in 1977. Think pay for elective abortions. known as the Bill of Rights, have

VerDate Nov 24 2008 01:20 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K21JA7.055 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE H310 CONGRESSIONAL RECORD — HOUSE January 21, 2010 served as the heart and soul of our and would slam innocent little children recognized a great American who hap- legal tradition and the foundation upon on the trees. The Pol Pot regime killed pened to be sitting right up in the gal- which we have built the most powerful approximately 1.6 million of its people lery. In the middle of his speech, he democracy in the history of the world. between 1976 and, if I remember cor- pointed to this guy, Wesley Autrey, the Yet the balance between rights and re- rectly, 1980, and the world screamed in subway guy. Not Jared, the one we see sponsibilities have served as a basis for outrage at the deaths of 1.6 million on TV, but the subway guy, the guy an ethical context, but now it is people. The Holocaust killed 6 million, who risked his life, jumped in front of skewed. and we continue to scream in outrage a subway train to save a fellow human Our society has distorted this view of at the 6 million Jews who were killed being who was having a seizure on the individual rights versus responsibility during World War II by the Nazi regime track. He put his life on the line simply so that good somehow gets distorted in the Holocaust. because a fellow human being’s life was with evil. We have misrepresented the From 1973 to the present, in the at risk. That is how precious life is. rights to individual freedom, and now United States alone we have murdered That captures the sentiment that the we basically have no regard for human over 40 million children. Just imagine vast majority of Americans have in life. The result is a social policy devoid that: If we scream in outrage at the in- this country. They understand how pre- of moral coherency. To protect indi- nocent children that were slammed and cious life is and that it should be pro- vidual rights, we have distorted the hung on the tree in the killing fields, tected through all stages. continuity of human development to yet, after 40 million children killed in As is so often the case, the American portray the human fetus as something this country, we still hold a policy that people get it long before the politicians less than human and, therefore, can be allows for the legal killing of innocent get it. Wesley Autrey was a great ex- disposed of. And there are those who children. If that is not a skewed sense ample of that understanding. The vast majority of people who will be here diminish the words of pro-life advo- of ethics, I don’t know what is. this week, the vast majority of people cates and aim to demean their passion I agree that America needs respon- who make up this great country under- for life by citing a woman’s right to sible health care reform, and I agree stand what our Founders understood, choose or a woman’s right to protect that we all have the right to exercise understand what Wesley Autrey under- her health. But I say that this is a dis- the freedom of individual liberties but stood. And that is, just like they said not at the expense of our children and torted view of protecting a woman that in the document that started it all, the future of our families. The major- is actually endangering the woman. that started this grand experiment in An abortion causes mayhem to the ity of the American people, including liberty and freedom we call the United psychology of the mother and the fu- those in my home State of Louisiana, States of America, where the Founders ture life of the entire family. Her emo- stand firmly on the side of life, and and the Framers wrote these words, tional health is never the same, and they will not support any measure that which I say next to Scripture are the though anesthesia may provide some seeks to fund abortion with their hard- greatest words ever put on paper: ‘‘We physical relief, there is no anesthesia earned income. hold these truths to be self-evident, for her mental and spiritual health. Again, as we arrive at the 37th anni- that all men are created equal, that A study in New Zealand, where abor- versary of Roe v. Wade, I ask America they are endowed by their Creator with tion is legal, showed negative effects in to reflect deeply on the value of all certain unalienable Rights, that among women who had abortions. Researchers life, born and unborn, and that we not these are Life, Liberty and the pursuit for the Christchurch Health and Devel- consider any piece of health care legis- of Happiness.’’ opment Study conducted a 25-year lation unless it includes sufficient lan- What great principles are contained study on the long-term effects of abor- guage to prohibit this inhumane act. in the statement that started it all. tion on the mental health of young Mr. PITTS. I thank the gentleman First, they understood a basic fact— women between the ages of 15 and 25. from Louisiana for that very inform- there is a Creator. We are made in These scientists reported to the Jour- ative and important statement. He is a God’s image. We got our rights not nal of Child Psychology and Psychiatry great leader here in Congress. At this from government; we get them from that those having an abortion have ele- time I want to turn to another leader God. And government’s fundamental vated rates of mental health problems, in Congress. I yield to the gentleman job should be to protect those rights including depression, anxiety, suicidal from Ohio, Mr. JIM JORDAN. that the Creator gave his creation. An behaviors and drug-use disorders. Mr. JORDAN of Ohio. I thank the amazing, amazing principle. No other Another study conducted by re- gentleman for yielding. I also thank country ever started on that premise. searchers at the University of Oslo in the gentleman for his years of standing And then the second thing that just Norway compared 40 women who had up and defending life and for his work jumps right out at you from that state- had miscarriages with women who in the Pro-Life Caucus, along with Con- ment is the order in which the Found- chose to have an abortion. Although gressman SMITH and our newest Mem- ers placed the rights they chose to miscarriage was associated with more ber, Mr. CAO, who just spoke, and JEAN- mention. Life, Liberty, pursuit of Hap- mental distress in the 6 months after NIE SCHMIDT and also PARKER GRIFFITH, piness. Can you pursue happiness? Can the loss of the baby, abortion had much who is here on the floor with us as well. you go after your goals, your dreams? longer lasting negative effects. The There are a countless number of Mem- Can you go after those things that have proportion of women having had a mis- bers who over the years have said, Life meaning and significance if you first carriage who were suffering distress de- is sacred, life is precious and should be don’t have liberty, if you first don’t creased during the study period to 22.5 protected. have freedom? And do you ever experi- percent at 6 months and to just 2.6 per- You know, although this is the week ence true liberty, true freedom if gov- cent at 2 years and 5 years respec- when we mark that terrible decision of ernment doesn’t protect your most fun- tively. But among the abortion group, 1973, I love this week. Thousands and damental liberty, your most funda- 25.7 percent were still experiencing dis- thousands of Americans are going to mental right, your right to life. tress after 6 months and 20 percent come to the Nation’s Capital, and That’s what thousands of Americans after 5 years. The researchers also said they’re going to celebrate life. They are coming to town for this week. That that women who had an abortion had know that life is precious. And that in is what they want to celebrate. They to make an effort to avoid thinking this great country, the greatest nation understand exactly what the Founders about the event. in history, we should celebrate life. We understood. They understand what this Mr. Speaker, I just came back from should understand that life is precious, country is really all about. And some- Southeast Asia on a CODEL to Viet- life is sacred and that it should be pro- day, as previous speakers have pointed nam, Cambodia, Laos, and Japan. tected. out, someday Roe v. Wade will no While I was in Cambodia, I had the op- I am reminded—I have been in Con- longer be the law in this country, and portunity to visit the killing fields in gress now 3 years. Three years ago this we will protect every single human Cambodia. And while visiting the kill- month is the anniversary of the first being because that is what the Found- ing fields, they showed us a tree where State of the Union that I had the privi- ers intended, and that is what Ameri- the followers of Pol Pot would hang lege of being at. Then President Bush cans understand.

VerDate Nov 24 2008 02:50 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K21JA7.057 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE January 21, 2010 CONGRESSIONAL RECORD — HOUSE H311 With that, I will yield back to my brethren, you do likewise to me. His move away. In a startling moment of friends and colleagues who have done Beatitude Jonah lives that, as does his truth and clarity, she said, I just so much—Representative PITTS, Con- church and as do, God willing, all of us. thought, What am I doing? Never gressman SMITH and others who have But they do it in such a superlative again. And she walked out the door of done so much to protect life. I appre- way, and I thank them for their exam- that abortion mill. ciate them taking the time to have ple. It is awe inspiring. I will never forget, my wife, Marie, this Special Order hour on the pre- Mr. Speaker, I have been in the pro- and I, right outside the Supreme Court, ciousness of human life. life movement for 38 years, in the met a group of women called the Silent Mr. PITTS. I thank the gentleman. I greatest human rights struggle on No More Awareness Campaign. These yield to the gentleman from Alabama, Earth, the right-to-life movement. women were telling their stories, very, PARKER GRIFFITH, another pro-life sup- What I still don’t get is this: How can very powerful stories about how they porter. so many seemingly smart, sane, com- had been hurt emotionally and phys- Mr. GRIFFITH. Thank you very passionate, and accomplished people, ically by abortion. much for this opportunity. This is a especially in politics, support, promote One woman told the story how as she very, very important day for us, and and—if President Obama has his way in was actually on the gurney, in the certainly it will be an even more im- the pending health care legislation— process of getting an abortion, and the portant day for us tomorrow. lavishly fund with public dollars the doctor, the abortionist said: It is try- As a lawmaker and a physician for violent death of unborn children and ing to get away. Being only partially over 40 years, I recognize the impor- the wounding of their moms by abor- sedated, she heard all of that. She shot tance of continuing to protect the tion? up quick and she said: Get me out of sanctity of life. The 37th anniversary of Is it really so hard to understand here. And they said: It is too late; the Roe v. Wade tomorrow reminds us all that abortion is violence against chil- abortion has already started. But the that life is precious and should not be dren, a pernicious form of child abuse, child instinctively was trying to get taken for granted. Fortunately, we can falsely and aggressively marketed as away. be thankful that a majority of the Con- choice, a human right or as health We also know from people like Dr. gress can see that taxpayer-funded care? How long will we permit the pro- Alveda King, one of the founders and abortions is morally abhorrent to most choice cover-up and the bogus safety leaders of a group called the Silent No Americans. claims to misinform, especially in light More Awareness Campaign, a coura- So with the current health care legis- of the reams of evidence documenting geous woman, who has had two abor- lation before us, I commend my col- serious injury to women who abort? tions. Dr. King is the niece of Dr. Mar- leagues for supporting the Stupak tin Luther King and she now says, How b 1445 amendment, which passed the House can my uncle’s dream survive if we with an overwhelming majority of 240– Abortion, safe? What unmitigated murder the children? Dr. Martin Lu- 196, with one voting present. I fully nonsense. ther King talked about inclusion, the support protecting the unborn in any Women have been profoundly ill- politics of inclusion, not and all future bills. The Stupak amend- served by the all-too-familiar pattern disenfranchising someone by reason of ment is clearly a high-water mark for of denial and deception so skillfully their age or condition of dependency or opposition to government funding of employed by the abortion industry. race or by reason of their sex. She now abortion and a critical firewall to keep Women deserve better. They, at the heads up a group that reaches out to abortion from being mainstreamed as a very least, deserve the truth. women who have had abortions and routine medical procedure. Mr. Speaker, years ago a friend of have suffered and offers the path As the 111th Congress presses forward mine, Dr. Jean Garton, wrote a book through faith, through God, and on the eve of the 37th anniversary of which included how her young child through friendship to come to a sense Roe v. Wade, I would like to remind unexpectedly walked in the room as of reconciliation and restoration as a Members on both sides of the aisle of she was preparing a lecture on abor- result of the trauma of abortion. the importance of continuing to pro- tion. Her 3-year-old child took one look As Abby Johnson, the abortion clinic tect the sanctity of life in all policy. at the badly bruised and battered body director at Planned Parenthood, said Mr. PITTS. I thank the gentleman of the aborted baby on the screen and as she walked out, ‘‘never again,’’ but for that statement and his leadership shouted: Mommy, who broke the baby? never again comes too late for the ap- on this issue. That young child saw the brutality of proximately 52 million babies who have Mr. Chairman, I would like to yield abortion with unclouded comprehen- been slaughtered in Planned Parent- the balance of my time to the gen- sion. That child was unencumbered and hood clinics and abortion mills tleman from New Jersey, CHRIS SMITH, unaffected by the deceptively clever throughout America since the infa- our Pro-Life Caucus Chair, a wonderful and preposterously misleading propa- mous holding of the United States Su- eloquent voice for life. ganda dished out by the multi-billion- preme Court in 1973; 52 million babies The SPEAKER pro tempore. Under dollar pro-choice industry. That child lost. It is staggering, stunning, and be- the Speaker’s announced policy of Jan- saw, and knew immediately, that ba- yond tragic. uary 6, 2009, the gentleman from New bies are smashed and broken to bits by But it doesn’t have to come too late Jersey (Mr. SMITH) is recognized for the abortion. And with alarm, that 3-year- for the millions of other children who remainder of the hour. old boy wanted to know who did it. face extermination today, tomorrow, Mr. SMITH of New Jersey. I want to Last fall, like that young child, Abby next week, next month, next year, if thank my good friend and colleague Johnson, a Planned Parenthood abor- we awake from our slumber, from our Mr. PITTS for his leadership, and for tion clinic director in Texas, with 8 indifference, from our callous attitude that of all of those who have spoken. years at that facility, watched an and start to truly combat the cruelty DOC, thank you for your eloquent ultrasound image of an abortion in and injustice of abortion. words. Mr. FORTENBERRY, Mr. CAO and progress on a 3-month-old unborn The longer I am in the pro-life move- JEAN SCHMIDT. child. Like the victimized baby on the ment, just like the example of Dr. I do want to welcome His Beatitude, ultrasound monitor being dismembered Alveda King, who is like so many other Metropolitan Jonah of the Orthodox right before her eyes, Ms. Johnson was silent-no-more women, speaking out Church of America, here, and his broth- crushed by what she saw. Self-de- and doing so courageously, there is er bishops. They are most welcome, scribed as ‘‘extremely pro-choice,’’ but even more to the pro-choice cover-up and I thank them for their incredible now pro-life, she said she watched an than just dead kids. stance in favor of the sanctity and sa- unborn child crumple before her very Abortion hurts women, physically, credness of all human life, from womb eyes as the infant was dismembered psychologically, and the data strongly to tomb, and that we all need to act as and vacuumed to death by a hideous suggests that it even mal-affects chil- our brothers’ and sisters’ keepers. suction device 20–30 times more power- dren subsequently born to women who Matthew 25, where our Lord said, ful than a household vacuum cleaner. abort. Last year the Times of London Whatsoever you do to the least of my She said: I could see the baby try to reported: ‘‘Senior obstetricians and

VerDate Nov 24 2008 01:20 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K21JA7.058 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE H312 CONGRESSIONAL RECORD — HOUSE January 21, 2010 psychiatrists say new evidence has un- birth weight increases by 36 percent that says if you have been abandoned, covered a clear link between abortion after one and 72 percent after two or your only option is to abandon the life and mental illness in women with no more abortions. Prematurity and low within you as well. We cannot let this previous history of psychological prob- birth weight, as we all know, are lead- hopelessness breed hopelessness, nor lems.’’ They found that women who ing causes of disabilities in children. despair breed more despair. have had abortions have twice the Abortion not only affects the child who However, many of our leaders here in level, twice the level, of psychological is aborted; it affects in a very negative Washington, Mr. Speaker, send a much problems and three times the level of way children born, brothers and sisters different, less-affirming message to depression as women who have given born to that same mother in subse- those most in need of encouragement birth or who have never been pregnant. quent pregnancies. and assistance. Last year, Secretary of In 2006, a comprehensive New Zealand All of this begs a very serious ques- State Clinton appeared before the study found that 78.6 percent, almost 79 tion, Mr. Speaker: Why then is the House Foreign Affairs Committee and percent, of the 15- to 18-year-olds who Obama administration expanding this confirmed that it is this administra- had abortions displayed symptoms of vicious assault on women and children tion’s goal of including abortion as an major depression compared to 31 per- often by massively subsidizing pro- integral element of reproductive health cent of their peers. And it also found abortion nongovernmental organiza- care provided by the United States. that 27 percent of the 21- to 25-year-old tions around the world and in the President Obama has rescinded the women who had abortions had suicidal United States to do the dirty work, to Mexico City Policy, making millions of ideations compared to 8 percent of do that in the U.S., Africa, Latin dollars available to foreign entities those who did not have an abortion. America, everywhere? that promote and perform abortion. I say to my colleagues: there are at You know, I said at the opening, How b 1500 least 102 studies that comport with could so many seemingly sane, smart, those findings of psychological harm to compassionate politicians buy into the We now export abortion and project, women who abort. big lie? Well, maybe some politicians in turn, our own woundedness in this Serious questions also remain con- aren’t so smart or compassionate after country upon others. The National In- cerning the link of abortion to breast all. stitute of Health has created the larg- cancer. Despite the fact that more than Mr. Speaker, I yield to a stalwart in est Federal incentive to date to destroy 28 studies from around the world, in- the pro-life movement, the gentleman human embryos for research, dis- cluding the United States, have shown from Nebraska (Mr. FORTENBERRY). tracting scientific attention away from that procuring an abortion signifi- Mr. FORTENBERRY. I thank Mr. adult stem cell research, research that cantly increases the risk of breast can- SMITH from New Jersey for the recogni- is achieving real results and does not cer by some 30 to 40 percent, the abor- tion and for his passionate under- cause ethical divides. tion industry cover-up has largely suc- standing and belief of this most funda- Secretary of Health and Human Serv- ceeded in the unconscionable suppres- mental aspect of human rights and the ices Sebelius may soon rescind a regu- sion of those facts. need for justice in our world today lation protecting from discrimination Nevertheless, according to the Breast around this essential issue, the protec- our health care providers who choose Cancer Prevention Institute, 2009 was a tion of our most vulnerable. Thank not to participate in the act of abor- pivotal year in the debate about the you, sir, for your leadership. tion. All four of these, and other ac- abortion-breast cancer link. Three Mr. Speaker, I would like to add that tions taken by the administration, are studies were published from Turkey, tomorrow thousands of people from a direct and pernicious assault on the China and the United States which across the Nation will gather just steps sanctity of human life. matter of factly demonstrate the abor- away from this very Capitol along the And today, when twice as many tion-breast cancer link as one of many National Mall. They will be huddled black children in this country are breast cancer factors. against the cold, but nonetheless they eliminated through abortion than are For example, the recent U.S. study have come out to speak out against the born, we also hear repugnant assaults by Jessice Dolle of the Fred Hutch- 37 years of human rights abuses and af- on the dignity of minority populations inson Cancer Research Center dem- fronts to our fundamental rights and from our leaders. Supreme Court Jus- onstrated that an abortion raises liberties. tice Ruth Bader Ginsburg last year breast cancer risk by 40 percent. Why We especially welcome the youth who commented in the New York Times, isn’t that emblazoned across the front will come out tomorrow who will take and this is a direct quote, ‘‘Frankly, I page of the New York Times or the time away from their studies to stand had thought at the time Roe was de- Washington Post? Forty percent. at the feet of our Nation’s seat of cided there was concern about popu- Study co-authors included Janet power and give voice to the voiceless. lation growth, and particularly growth Daling and Louise Brinton. Amazingly, They faithfully make the trip to D.C. in populations that we don’t want to Brinton was a chief organizer of a 2003 each year to regret the anniversary of have too many of. So that Roe was National Cancer Institute (NCI) work- the Supreme Court’s passage of Roe v. going to be then set up for Medicaid shop denying the link. Now a study Wade legalizing abortion in this coun- funding for abortion,’’ close quote. that she co-authored reiterates the try. Tomorrow these thousands, young Mr. Speaker, let’s reflect on that for link and reports it as consistent with and old, will lift their voices in one re- a moment. Quote, ‘‘populations that we earlier studies that found induced abor- sounding cry for one fundamental don’t want too many of,’’ from a Su- tion to be a risk factor for breast can- cause of justice, the idea that women preme Court Justice. These statements cer. deserve better than abortion; the idea deserve the strongest public rebuke. And now even Time magazine, among that life gives hope and that we are big Abortion is not health care, no matter many others, has finally reported on enough and we should be loving enough how much some leaders in Congress another suppressed fact, suppressed by as a Nation to care for the lives of would like it to be. Abortion hurts the pro-abortion industry, that abor- every mother and the child nestled women. Abortion is decimating urban tion adversely affects the health of within her. America. And this cannot stand. But subsequent children born to women This idea is essential to the well- together, we can stand for life. We can who abort. being of our entire country. A truly win this fight for good. A total of 113 studies demonstrated good society must stand for the protec- And Mr. Speaker, those who share an association between abortion and tion of all persons’ rights, above all the this deep concern for the sanctity of preterm birth in subsequent preg- right to live. To stand for goodness and life, I would say they are the new aboli- nancies. Studies have indicated that justice, we must protect all life, par- tionists. They are the inheritors of the the risk of preterm birth goes up 36 ticularly that which is most vulner- great American tradition of seeking percent after just one abortion, and a able. Wherever it takes place, abortion justice and uplifting the most vulner- staggering 93 percent after two or more is so often a decision that is brought on able. abortions. Similarly, the risk of subse- by either physical or emotional aban- On the eve of the 37th anniversary of quent children being born with low donment. We must not accept a culture Roe v. Wade, countless Americans have

VerDate Nov 24 2008 01:20 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K21JA7.060 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE January 21, 2010 CONGRESSIONAL RECORD — HOUSE H313 awoken to this reality. And the civic throwaway human beings. And I have dramatic shift among our young people engagement of thousands who will asked the Secretary of State to give in favor of life. gather here tomorrow, and the millions that award back. Every one of the young people that more who remain at home, will hope- I yield to my friend from Ohio. you and I, JEAN, and others might see fully hasten the day when the Nation Mrs. SCHMIDT. I just want to say a in our schools, one out of every three fully recognizes the unborn as persons couple of things about the Planned of those children had been killed by worthy of protection under the 14th Parenthood organization in my dis- abortions. One out of every three. Next amendment to the United States Con- trict. As of record, there have been two time you are in a classroom count stitution. cases of underage children that have desks, one, two, missing child killed by Mr. SMITH of New Jersey. If I could received abortions without parental— abortion. And for every child that is with my friend and colleague, and I well, in one case it was a father who killed by abortion there is a wounded thank him for his eloquent statement, raped his daughter under age. That has mother in great need of reconciliation you mentioned the statements made by been prosecuted in Warren County. And and embrace and love. Justice Ginsburg. Not only did you not in another case it was a teacher that And that is the part of the pro-life take them out of context, because they brought a 15-year-old girl—13-, or 14-, movement that I have always found so were very troubling to me and I think or 15-year-old underage girl into absolutely appealing. It is a many people—who are ‘‘those peo- Planned Parenthood. That case is now nonjudgmental movement. It loves ple’’?—but it also follows a line of under review in court. even the abortionists who are killing thought that predates her. But right now I really want to have the children so maliciously each and Margaret Sanger, as you know, the my good friend from Missouri, TODD every day. We have embraced so many founder of Planned Parenthood, was a AKIN, address you, Mr. Speaker. former abortionists, former clinic eugenist. In the twenties and the thir- Mr. AKIN. Thank you, lady, and workers, like Abby Johnson, who left ties she wrote extensively against mi- thank you for your leadership here on Planned Parenthood last year, walking nority populations, against Africans, the floor. Thank you, Congressman out the door when she finally saw an against Catholics, against people who SMITH, for your great leadership. abortion on a screen. She watched it didn’t look just like her. And I have I came here really in a way to say and said, ‘‘Never again. I can’t be a read her books. One of her books is thank you. Also to deliberate a little part of this any more.’’ known as The Pivot of Civilization. bit on the unique history of great lead- Probably the biggest change of heart And in that book, chapter five is called ers. Every great leader in history has in the entire pro-life, of the last 40 The Cruelty of Charity. The Cruelty of had this in common: that at some years, was a man by the name of Dr. Charity. And she makes a case that is point, by faith, hope, and love, they Bernard Nathanson. Dr. Nathanson pathetic and sickening that somehow have hung tenaciously to some great founded NARAL. He, Betty Friedan, we ought to not provide maternal enterprise in spite of the apparent and Lawrence Lader founded NARAL, health care to indigent women, to poor hopelessness of that cause. The pil- one of the biggest pro-abortion groups. women who happen to be of color or of grims on the beach. Washington at Val- We all hear them in our mail and as some other minority status that she ley Forge. And yet these great leaders they lobby Capitol Hill. He founded it. deems to be unacceptable. The Cruelty found that God providentially provided He was a primary abortionist in New of Charity. relief and help in their time of need, York City, ran the largest abortion That organization, Planned Parent- sometimes from very unique quarters. clinic in all of New York City. In the hood, kills 305,000 unborn babies in I think of the great threat to lives in 1970s, he wrote in the New England their clinics every year. And I would America that the socialized medicine Journal of Medicine, ‘‘I have come to hope my colleagues, and I really be- bill that we were looking at a day or the agonizing conclusion that I have lieve it is time to take a second look at two ago posed to the cause of life, and presided over 60,000 deaths.’’ He quit Planned Parenthood, Child Abuse, In- of the unique quarter through which and then he became a pro-life leader. I corporated. They like to say that the God provided relief, the State of Massa- have met him many times. He is smart, abortion part is only 3 percent of what chusetts. Not something that you he is articulate, but he was so terribly they do. Of course killing a baby versus would expect politically. misguided, somehow believing he was handing out a condom hardly are And so today I would like to say doing right when he was doing so egre- equivalent in terms of actions. And thank you to the great leaders in giously wrong. they count just about everything else America who have had the persever- You know what helped bring him to to get that number low. Three hundred ance to stay with the pro-life cause the pro-life side? He began doing five thousand abortions. year in and year out, when times look microsurgeries. He began working at Some people have gone undercover good and when they looked bad. And so St. Luke’s Hospital in New York. In and discovered, to their shock and— to you I say thank you and God bless one room they would be doing every- maybe not shock, but certainly to you. thing humanly possible, taking heroic their dismay—that there is a racist at- Mr. SMITH of New Jersey. Thank methods and actions to mitigate dis- titude in those clinics where these un- you very much. ease and disability in unborn children, dercover individuals have gone. And it And these really are growing num- including blood transfusions. And in is very disturbing. But it is all reminis- bers of people. The polls certainly re- the other room they were putting in cent of its founder, who had such a flect it. By over a two-thirds margin high concentrated salt solutions and jaundiced and prejudicial view towards the American public have said, in vir- other chemicals, poisons, or dis- minorities. And that was Margaret tually every poll, they don’t want abor- membering the child piece by piece. Sanger. tion in health care, in ObamaCare. And he said it is schizophrenic. That I would also add that our distin- They absolutely do not want it in child is either a patient, a human guished Secretary of State got the there. It is one of the reasons why being, or he or she is not. And he came Margaret Sanger Award last year. I did ObamaCare is on such thin ice, if you down on the side of life. a floor speech on this and said how can will. Add to that the enormous deleterious it be that the Secretary of State of the I would want to say to my colleagues damage being done to women, which I United States of America is in awe of a something else. There is a reappraisal said earlier in my comments has been eugenicist? Because in her speech, and going on in America. I remember when documented over and over. Mental I read it on the State Department Web I got elected in 1980, I would go out to health consequences, consequences to site, she went on and on about how the the high schools and schools through- subsequent children that are profound work of Margaret Sanger remains un- out my district, and whenever the issue and lifelong. The problem of breast done. Margaret Sanger was a self-pro- of abortion came up, it was very hot cancer. And believe me, the abortion claimed eugenicist, who felt that cer- and it was very often very antagonistic lobby will continue to say it is not tain individuals, and that would in- to my pro-life position. I began to see true. They will pull out some two or clude the disabled, their lives are not changes in that in the nineties and three studies that suggest that it is not worth living or protecting. They are after the year 2000. There has been a true against the huge evidence that

VerDate Nov 24 2008 01:20 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K21JA7.062 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE H314 CONGRESSIONAL RECORD — HOUSE January 21, 2010 suggests otherwise. And if you want to sion, a decision overturning the laws of the But we must ensure that a move forward for believe that, then believe what the To- various States and setting the stage for the healthcare does not result in a step backward bacco Institute used to say in the six- termination of tens of millions of unborn chil- for choice—a step backward for Roe v. Wade. ties and seventies, that there was no dren. Mr. ROE of Tennessee. Mr. Speaker, as an linkage of tobacco to lung cancer. They Mr. Speaker, I came to Washington to de- obstetrician and gynecologist, I’ve delivered got away with that for decades. The fend all human life. And in my nearly 20 years close to 5,000 babies and I strongly support abortion lobby and the industry that serving the House, the Congress and Execu- the sanctity of life. Using technology like the makes billions of dollars is getting tive branches have made tremendous 3–D ultrasound has given us windows to the away with that right now. And we won- progress in protecting the life of the unborn. womb that show unborn children as living, der why the sad fact that some of those We have made certain that federal funds breathing, feeling human beings. I have women who are now marching, some of could not be used to pay for elective abortions looked through that window with my own eyes. the survivors, thank God of breast can- both domestically and abroad. We passed the I have seen human development occur from cer, thank God, but some of those have Partial Birth Abortion Ban. We gave our the earliest stages of human development all been precipitated and caused by that schools the choice to offer abstinence edu- the way through birth, which strengthens my abortion. And again, that is 28 studies cation and we limited federal funding for em- conviction in the right to life. and counting that have clearly posited bryo destructive stem cell research. Life is a precious miracle from God that be- that as a very significant negative out- But within the first 100 days of his adminis- gins at conception. It’s our responsibility and come. tration, President Obama overturned the Mex- privilege as legislators to protect those who do But Dr. Nathanson, he should be the ico City Policy permitting federal funds to inter- not have a voice. I will always fight for the model for politicians. If he can get it, if national family planning organizations that also right to life because it is my conviction that we he who was right there, the one who perform elective abortions. President Obama are all unique creations of a God who knows said, who came up with the idea that also insisted that federal taxpayer funds be di- us and loves us before we are even con- women were dying from illegal abor- rected to UNFPA—the family planning agency ceived. tions in America at the rate of 5,000 to at the U.N. that has supported China’s one Tomorrow, we will mark one of the most 10,000 per year. And you know what he child policy. The President also overhauled the tragic, misguided Supreme Court cases in our told us in his book when he wrote it? country’s embryonic stem cell policy, creating nation’s history, Roe versus Wade. Since 1973, more than 50 million babies have been He said, ‘‘I made it up.’’ Dr. Nathanson more incentives to destroy human embryos in denied the right to life. We must make our made up that figure, and was shocked the name of research. The current Congress has also taken steps laws consistent with our science and restore and surprised how easily and how gul- to unravel long-standing pro-life policies. Last full legal protections to all who are waiting to lible the media was and politicians to December, Democrats eliminated long-stand- be born. If government has any legitimate just take that bogus number and regur- ing policy—first established in 1989—that has function at all, it is to protect the most inno- gitate it over and over again as if it prohibited the District of Columbia from using cent among us. had a foundation in fact. its Medicaid funds to provide elective abor- Congress has prevented taxpayer funded The real number, according to the tions. According to the Guttmacher Institute, abortions for over 30 years, and the Center for Disease Control, in 1972, the abortion rate of women who are enrolled healthcare reform bill has reopened the door prior to the legalization of abortion on in Medicaid more than doubles if they live in to change this effort. As we debate the pro- demand, was under 40 women. Forty a state where Medicaid is able to pay for elec- posed healthcare legislation, we must fight to too many. But women are dying today tive abortions. prevent it from becoming the largest expan- from legal abortions. And let’s not for- Over the last year, Democrats have at- sion since the pivotal Roe versus Wade deci- get that. Maternal mortality, we want tempted to overhaul the current health care sion, and work to ensure that the door to tax- to cut that and help women with dif- system. Their proposals have included policies payer funded abortions remains closed. ficult and crisis pregnancies here and that would permit public funding of abortion— I am glad to be fighting for the rights of the around the world. But you do it with through federal subsidies and plans that would unborn. essential obstetrical services, you do it be managed by the federal government. More GENERAL LEAVE with good birthing practices, especially than 65 percent of the American people op- Mr. SMITH of New Jersey. Mr. in the developing world, where mater- pose public funding of abortion. Speaker, I ask unanimous consent that nal mortality is a problem. You don’t Mr. Speaker, we need to pause and recon- all Members may have 5 legislative do it by killing babies and wounding sider the direction the majority and President days in which to revise and extend their mothers. Obama are headed with regard to protecting their remarks and include extraneous I would like to yield to my friend, human life. All human life has value and it is material on the subject of my Special Mrs. SCHMIDT, for any final comments. the role of the branches of the federal govern- Order. b 1515 ment to protect it. I call on my colleagues to The SPEAKER pro tempore. Is there objection to the request of the gen- Mrs. SCHMIDT. Thank you to my put an end to passing destructive legislation and instead fight to defend life. tleman from New Jersey? good friend from New Jersey. There was no objection. One of my family member’s favorite Mr. QUIGLEY. Mr. Speaker, thirty-seven movies is ‘‘It’s a Wonderful Life.’’ It is years ago this week, the Supreme Court f a story about George Bailey, who issued its opinion in Roe v. Wade, making COMMENDING CBS 60 MINUTES thinks he’s losing the family bank, abortion legal in the United States. SPECIAL FEATURE, ‘‘AMERICAN The Court’s decision recognized a funda- played by Jimmy Stewart, and Clar- SAMOA—FOOTBALL ISLAND’’ mental, constitutional right to privacy that pro- ence Oddbody, played by Henry tects a woman’s personal decisions from gov- The SPEAKER pro tempore. Under a Travers, the angel who points out to ernmental interference. previous order of the House, the gen- him how important his life is. And in This landmark decision greatly advanced tleman from American Samoa (Mr. the end, he realizes it, and, yes, Clar- women’s rights, but we must never take those FALEOMAVAEGA) is recognized for 5 ence gets his wings. rights for granted. minutes. I think about that because I think of Because as I speak, there are groups bent (Mr. FALEOMAVAEGA asked and the family member and the fact that if on taking away those rights. was given permission to revise and ex- his mother had had the opportunity in Opponents of women’s rights are attempting tend his remarks.) 1964 to have had an abortion, she may to hijack the healthcare reform bill, and use it Mr. FALEOMAVAEGA. Mr. Speaker, have made the fatal decision not to as a vehicle to curtail access to reproductive I rise today to share with you and our have had that person. That person is a healthcare. colleagues and to commend the CBS wonderful human being. He is a father. We cannot and will not allow women’s re- ‘‘60 Minutes’’ program that was aired He is a husband. He has two children. productive rights to be sacrificed for last week on Sunday, January 17 of He has a wonderful life. healthcare reform. this year. I yield back. Thirty-seven years ago we took a historic As it was narrated by CBS reporter Mr. BOEHNER. Mr. Speaker, tomorrow— step forward for women’s reproductive rights. Scott Pelley, the television program January 22, 2010—marks the 37th anniver- Now we are on the brink of another historic was called, ‘‘American Samoa—Foot- sary of the Roe v. Wade Supreme Court deci- step. ball Island.’’ It highlighted the fact

VerDate Nov 24 2008 01:20 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K21JA7.063 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE January 21, 2010 CONGRESSIONAL RECORD — HOUSE H315 that from an island of less than 70,000 I want to take this opportunity to ready serving the people of Haiti and people, there are more than 30 players recognize the Polynesian players who caring for people who are less fortunate of Samoan ancestry currently playing were fortunate enough to make it into than they are. professional football in the National this year’s NFL Conference Champion- Thirty-one-year-old Ann Varghese, a Football League and estimated more ships and will be playing in New Orle- graduate of Southeast High School in than 200 playing currently in Division I ans this weekend. They are Aaron Wichita and the University of Kansas, college football. Francisco of the Indianapolis Colts; was trapped under the rubble of a hotel Indeed, it is estimated that a boy Fili Moala, the Indianapolis Colts; for 55 hours. In a tiny dark space just born to Samoan parents is 56 times Ropati Pitoitua, the New York Jets; 3 feet high and 5 feet long, Ann spent more likely to get into the NFL than Sione Pouha of the New York Jets; over 2 days with five other people with- any other kid in the United States, pe- Naufahu Tahi of the Minnesota Vi- out water and sharing only gum and a riod. This is an exceptional bit of infor- kings. I want to personally congratu- lone Tootsie Pop. Though nothing mation considering that the six little late them and their families for their short of a miracle, Ann made it out high schools that we have there in the success. alive, but sadly for two of her col- program do not have locker rooms, no Also, I want to offer special recogni- leagues who were trapped, they did not. weight rooms for training, no proper tion for our first Samoan Polynesian of Kim Bentrott of Belleville, Kansas, equipment or other needed facilities Tongan ancestry, Mr. Haloti Ngata of and her husband, Patrick, remain in and resources. This is also considering the Baltimore Ravens, who is not only Haiti. They made it out of their third- that most of these athletes do not start headed to his first Pro Bowl in Florida floor apartment just before the build- playing organized football until they’re after the Super Bowl, but today is also ing collapsed. Employed through Glob- in high school. his 26th birthday. Haloti Ngata is in his al Ministries, they have lost their For the first time this year, we have fourth year in the NFL, was drafted by headquarters, school, offices, and med- organized a Pop Warner football pro- the Ravens in the first round of the ical clinic, but must stay to complete gram. What is interesting about this, 2006 NFL draft, and is a graduate of the the process of adopting a son, Solomon. Mr. Speaker, is that a good number of University of Oregon. At 6 feet, 5 Now 14 months old, Kim and Patrick these young Pop Warner players would inches and almost 350 pounds, Haloti rescued Solomon from a Haitian or- be disqualified if they were playing in finished the year with more than 30 phanage as a newborn, and their dedi- the U.S. for the simple reason that tackles, two sacks, and a forced fum- cation to providing a loving family for they were too big. I know this is true ble. Solomon is an inspiration. Six residents of the Dodge City, Kan- in the State of Hawaii where, in the The success of this new generation of sas, area, including John Maples and Pop Warner program, many of these football players, Mr. Speaker, is a re- Greg Love of Montezuma, Terry and young Samoan football players had to sult of the pathway paved by pioneers Martha Major and Doug McGraw of organize their own ‘‘Big Boys’’ football like Samoan football player Al Lolotai, Pierceville, and Clayton Stolzfus of program because they would be dis- who played for the Washington Red- Meade, all survived the catastrophic qualified to play Pop Warner. I know skins in 1945, Charlie Ane of the De- earthquake. Unfortunately, this team this is true in the little town of Hauula troit Lions, Jack ‘‘The Throwin’ Sa- from Independent Christian Alliance in Laie in the State of Hawaii. moan’’ Thompson, Manu and his son Ministries is still awaiting word when Now, I don’t want to give the impres- Marques Tuiasosopo, Dan Saleaumua, a possible return to the United States sion to my colleagues that Samoans Wilson Faumuina, Frank and his son are a lot of muscle and brawn but no can be accomplished. Brandon Manumaleuna, Jesse Sapolu, On a brighter note, Naomi Streck, a brains; no, this is not true. I know from Junior Seau, Troy Polamalu, Lofa Norton native and Wichita State grad- my own given experience when I played Tatupu, Domata Peko, Rey Maualuga, uate, is part of a 21-member team from high school football in my alma mater, Jonathan Fanene, Joe Salave‘a, Pita Center for Children International Life- Kahuku High School in Hawaii, it was Elisara, Esera Tuaolo, Falaniko and line that escaped unhurt and has re- like a tradition that all Samoans his brother Al Noga, Junior Ah You, turned to Kansas. would play the line, the quarterback and many others. Then there is Scott and Wanda Miller would be the Japanese, the Filipinos I am often asked why Samoan men of Hesston, who are now safely home would be the halfbacks, but the full- have so much success on the football with their newly adopted Haitian son, back would be a Samoan. Now all that field. Well, there are many factors. I 16-year-old Junior Oranvil Miller. has changed, we also play quarterback am reminded of the late Coach Vince Many others, such as Jake and Amy these days. Lombardi of the Green Bay Packers Glover of Hays, Kansas, are among the In American Samoa, there were no when he said that ‘‘Football is like life. families currently in the process of youth or development programs until It requires perseverance, self-denial, adopting children and awaiting news this year when they started the Amer- hard work, sacrifice, dedication, and from Haiti. Even today, we put pres- ican Youth Football Samoa program, respect for authority.’’ This is very sure on the Department of State to see but still coaches and recruiters crowd much part of the heart and soul of the that this adoption is completed and our little territory for raw talent. Mr. Samoan culture which centers on the that their child can be returned to Speaker, it was important for the importance of families sharing each them in the United States. whole world to see some of the chal- other’s needs and respect for others. I am proud to recognize these great lenges that the kids of American f individuals and many other Kansans Samoa have to go through to make it who have devoted their lives to the bet- to the collegiate level so that they can HAITI terment of Haiti through many years afford an education and for most to The SPEAKER pro tempore. Under a before the crisis and will do so into the play in the highest level of professional previous order of the House, the gen- future. It gives me hope to see so many football. tleman from Kansas (Mr. MORAN) is Americans and people around the world The fact that a Samoan boy is 56 recognized for 5 minutes. putting aside cultural, racial, and po- times more likely to get into the NFL Mr. MORAN of Kansas. Mr. Speaker, litical differences to band together in is most interesting and can be attrib- since the earthquake hit Haiti on Jan- our effort to rebuild the damaged na- uted not only to the size of the people uary 12, we have all watched with sad- tion. but to the values of the Samoan cul- ness as the death toll rose, prayed for All who have donated money and sup- ture. From respect to discipline and those affected, and rejoiced when sur- plies, served on search and rescue making sure that there is respect in vivors were found. It is an event that teams and have prayed for those af- the process, one can appreciate that has directly touched the lives of people fected deserve our gratitude. Today it the young men and women of Samoan around the world, including many at was announced that the Kansas Na- descent hold true these values of hu- home in Kansas. tional Guard will be sending soldiers to mility. I know that these athletes with I have heard some incredibly touch- Haiti from their current assignment at these values would be welcomed by any ing stories about Kansans affected by Guantanamo Bay. We express our ap- coach in any sport. the earthquake. Many were in Haiti al- preciation, and we express our support

VerDate Nov 24 2008 02:50 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K21JA7.065 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE H316 CONGRESSIONAL RECORD — HOUSE January 21, 2010 and concern for them and their fami- and apparently a good number of the gram so that when this rather large re- lies. American people’s opinion—what’s the structuring of one-sixth of the Nation’s As for those of us in Congress, we are matter with this discussion. economy is passed that we’re going to committed to doing everything in our b 1530 have our best talent on the ground, power to ensure a swift and safe con- whether you agree with it or not. We clusion to this crisis. The people of I want to start with the head up are now 1 year and 1 day into the Haiti and those affected by this trag- there in the Operation game. It’s called Obama administration, and we have edy are in my thoughts and our fam- a ‘‘brain freeze.’’ I’ve politely taken yet to have a nominee put forward for ily’s prayers. out ‘‘brain freeze.’’ Instead, we’ve put that position. Certainly, we have not in ‘‘CMS administrator.’’ CMS is basi- f had anyone confirmed for that posi- cally the organization that runs the tion. HEALTH CARE Medicare program in the United States Mr. MCCOTTER. The SPEAKER pro tempore. Under of America. It has a budget of about Mr. MCCOTTER. Would the gen- the Speaker’s announced policy of Jan- $700 billion a year. It’s bigger than the tleman yield for a question? uary 6, 2009, the gentleman from Ohio Pentagon, and it will be tasked over Mr. LATOURETTE. I’d be happy to. (Mr. LATOURETTE) is recognized for 60 the next little bit with implementing Mr. MCCOTTER. Obviously, the minutes. the rules and procedures of this health President has had a very eventful first Mr. LATOURETTE. Mr. Speaker, I care legislation, either bill or some year since his inauguration. am going to be joined during the course modification of the bill, and putting Would it not be fair to say that the of this hour by Representative THAD this thing into place. rush of events and the focus on getting MCCOTTER of Michigan and perhaps So you would think, if you’re a sup- things done has precluded this position others who may chime in during the porter of this health care reform that from being filled? course of the hour. is barreling through the Congress, well, Mr. LATOURETTE. Well, I think Mr. Speaker, the big news on Capitol I hope we’ve got a topnotch guy or gal there is some of that, but it’s inter- Hill this week and the big news around in charge at CMS. esting that you should bring that up. the country was the Senate race in Sadly, the reason that there is a Just yesterday—and this isn’t unique Massachusetts where, for the first time question mark up there is that there is to the Obama administration. Every since the 1970s, a Republican, Senator- no administrator at CMS. As a matter administration has a lot of jobs to fill. elect BROWN, has been elected in the of fact, the last time there was a con- Just yesterday, the President of the State of Massachusetts. You know, firmed administrator at the Medicare United States sent up 40 nominations there are a lot of maps around this oversight administration was in 2006, to the Senate to consider for confirma- place, blue States, red States, and Mas- October 2006. Of course, people who tion under the Constitution so that sachusetts is one of those States that watch the calendar know that that they could begin to serve. There were they really should come up with their wasn’t all on President Obama’s watch. some judges; there were some U.S. at- own color of blue. I mean, it is the It was in the last couple of years of torneys; there were some United States deepest of blue States. President George W. Bush’s adminis- marshals. Interestingly enough, I found And so it was certainly a surprising tration. He nominated a fellow by the that he even had time to name two event, and a lot of pundits and a lot of name of Kerry Weems, who was acting people to fill vacancies on the Marine people are scratching their head and administrator, but the Democrat-con- Mammal Commission, but not one of saying, Well, what caused this? Is it trolled Senate refused to confirm Mr. those 40 is the new director of CMS. voter anger? Are they mad at Repub- Weems. Quite frankly—and we’re not going licans? Are they mad at Democrats? The interesting thing about it as you to talk about national security today— Are they mad at everybody? Or how know—because people get accused of you know, his nominee for the TSA, about this health care discussion? And playing politics all the time. So you who are the folks who frisk you at the some of the exit polling that went on say, What was Mr. Weems? Was Mr. airport, just withdrew. We don’t have up in Massachusetts indicated that, Weems like Rush Limbaugh? Was he any nominee in the pipeline for that ei- yeah, people were concerned. People like Glenn Beck? Was he some dyed-in- ther. were concerned about the way that the-wool partisan? Actually, Mr. Mr. MCCOTTER. Will the gentleman both the House and the Senate health Weems—and this was written about yield again? care bill were being fashioned, the him by one of the analysts: The nomi- Mr. LATOURETTE. I’d be happy to. process that was being used, and then nation of Mr. Weems will be a depar- Mr. MCCOTTER. I just want to be some of the provisions that were in it ture from tradition. Historically, CMS clear that, despite the fact that there as well. administrators have either been aca- has been no name forwarded—let alone And so I thought during the course of demics or lobbyists. The academics confirmed—for the position at CMS, we this hour we would spend some time often lack leadership and executive do have two appointees of the Marine talking about at least what in my opin- skills. The lobbyists often come across Mammal Commission. ion are some of the difficulties with the as too Machiavellian. Mr. LATOURETTE. We do. way things are going with the health Since CMS was formed in 1978—it Mr. MCCOTTER. In fairness, as a De- care discussion, and as well as Mr. used to be called HCFA—there have troiter, it sounds like a Matt Millen MCCOTTER’s observations as well. been 30 administrators. Mr. Weems draft. Before coming to the Congress, I was would have been the first adminis- I yield back. a prosecuting attorney and I tried trator, if the Senate had chosen to con- Mr. LATOURETTE. I thank the gen- cases in front of juries, and I always firm him in 2006, who actually was a tleman very much. learned that people pay attention a lit- career person who had worked his way So, if you begin at the head, clearly tle bit more and they learn a little bit up within the CMS structure. He was we have a problem in that we don’t better, Mr. Speaker, with their eyes not a political hack; he wasn’t a polit- have anybody in charge should this than they do with their ears. So I ical appointee, but for reasons known health care legislation pass and be- brought with me a visual aid to help us only to them, the Democratic majority come law. during the course of this discussion. in the Senate didn’t want to confirm We next go down to the Adam’s With apologies to Hasbro, when I was him. Apple. I left the Adam’s apple on the a young person growing up, one of our Now fast-forward to a year ago al- chart because the way this thing has favorite things to do, if the size D bat- most exactly, and President Obama is gone—and it really epitomizes the en- tery was working, was to play the inaugurated. You would think that, if tire last year. We were told we had to game of Operation. We have modified one of the big national priorities that have an $800 billion stimulus bill by the Hasbro game a little bit so we can we’re going to talk about is health President’s Day. Nobody knows why. talk about, from head to toe, some of care, one of the first nominations or It’s not because we’re going to spend it the difficulties with—again, in my maybe the second nomination would be on Presidential stuff, but we needed to opinion and Mr. MCCOTTER’s opinion to get somebody in charge of this pro- have the stimulus bill, so we got it

VerDate Nov 24 2008 01:20 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K21JA7.066 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE January 21, 2010 CONGRESSIONAL RECORD — HOUSE H317 done. Now, people were embarrassed. It as we all know, did, in fact, protect in the gentleman’s district are on was 1,200-pages long. It was finally AIG bonuses, and was signed into law. Medicare Advantage. I have about written in its final form at midnight on What is also in the stimulus bill is a 14,000 people. The satisfaction rating is Thursday, and then we voted on it on provision to set up the comparative ef- high, but there will be no more Medi- Friday. I didn’t read the 1,200 pages be- fectiveness research advisory board— care Advantage. So, you know, it’s tween midnight and about 11 o’clock in the positions of which have been filled, hard to figure out how that statement the morning when we voted on it, and by the way. ‘‘if you like it, you get to keep it’’ fits I don’t think a lot of people did. But Now, the point of the comparative ef- with the fact that, well, you get to when you legislate like that—people fectiveness ideology is to have govern- keep it, but there isn’t going to be any woke up, and they found out that that ment determine through this board more of it. legislation specifically authorized Wall what is most cost-effective in terms of On top of that, health savings ac- Street bonuses to a company called your health care treatment by a con- counts will also be eliminated. We’ve AIG that the President is now com- cept known as ‘‘life years.’’ Is the cost got a lot of people in this country who, plaining about. He says this executive worth it to add X number of years to in order to sort of take care of their compensation has to stop. your life or to improve the quality? own and to be good consumers of Well, because we had to get the stim- Many of us consider that inherently in- health care, set up health savings ac- ulus bill done by President’s Day, no- humane and not the proper function of counts as a result of legislation we body really read that, and as a result, a limited government. Yet that was ap- passed here in 2005, Medicare part D. anybody who voted for that—and the proved in the stimulus bill. No more health savings accounts. No President signed it—authorized these So, like the health care bill which more flexible spending accounts. tremendously large bonuses that has followed it and that the public is So the rhetoric—I mean, I think, as a they’re now complaining about. having, as you say, shoved down its principle, if you like what you’ve got, You then fast-forward, and we were throat, I think that, as America con- you should be able to keep it. Don’t told that we needed to have cap-and- tinues to find out about the compara- mess with me. Let’s fix what needs to trade legislation, the national carbon tive effectiveness research council, be fixed, but that’s not true, sadly, and tax, in place by the Fourth of July they are going to find that equally that’s where the wishbone comes in. weekend. Again, I don’t know why. The hard to swallow. I next want to get to the funny bone Senate has still not acted on that legis- I yield back. because this is one of my favorites. lation, and that legislation wasn’t Mr. LATOURETTE. I thank the gen- Again, during that speech and during completed by midnight. Again, we tleman for his throaty humor. other presentations that the President voted on it on a Friday. The last 300 I would just say, you know, the set- has made during the course of this dis- pages of that were not submitted to the ting up of that panel led to some of cussion, he has—and I think cor- Rules Committee, which meets up- this discussion. People are talking rectly—indicated that the drafting of stairs in this building, until 3 o’clock about death panels and so forth and so this legislation should not be done be- in the morning on Friday, and we still on. I was never a big subscriber to that hind closed doors. It should not be done then voted on it later in the day on rhetoric, but it was strange that, short- in private. It should not be done by a Friday. ly after that, the Department of Health small group of people. It should be Just like the AIG bonuses, the Wall and Human Services appointed a blue done, you know, certainly with the Street bonuses that the majority party ribbon panel, which is what we do participation of the 435 Members of sanctioned and voted for in those 300 around here when we can’t figure out Congress and with the 100 Senators and pages, when you legislate like that, what to do, and they came out with a others. I think he even suggested and funny things happen. In that particular recommendation that women under 45 others suggested that it should be on bill, people found out that things were didn’t need to have mammograms as C–SPAN. So this is funny: It’s not on C–SPAN. Funny. Not only regulated that they didn’t know. If you often as had been recommended in the isn’t it on C–SPAN, until this thing got have a water cooler in your home or in past. Now, some would argue that one derailed by the Massachusetts Senate your office, it’s regulated in these 300 way that you could control health care election, this set of decisions was being pages. If you have a hot tub or a spa, costs is by rationing care or by not made by—I know that our team here in it’s regulated in this cap-and-trade leg- providing mammograms, for instance, islation. Probably the most shocking the House was five people. Most of even though mammograms have proven to my constituents was the Christmas them were from California, strangely to really enhance the early detection of lights. If you have Christmas lights, enough, and there wasn’t a Republican cancer and save lives in this country. in the bunch. I don’t know who the they are regulated under this cap-and- So it’s that kind of stuff that gives Senate team was, but they met in pri- trade legislation, which, thankfully, fuel to these theories that there are vate, behind closed doors. There were isn’t going anywhere. death panels and all this other busi- You know, I always tell my folks in no C–SPAN cameras, and there was ness; but if they wouldn’t do this stuff, Ohio not to worry. Christmas lights are certainly no public knowledge of what you wouldn’t have some of these theo- only regulated if your display is 48 was going on in those negotiations. So inches or above. So, if you are a fan of ries getting legs, if you will. the funny bone is funny. It’s not on C– We went down to the wishbone be- a short Christmas tree, you’re okay. SPAN. cause, you know, the President is going The government is not going to regu- I yield to the gentleman. to come to this Chamber next week and late your Christmas lights. If you get Mr. MCCOTTER. I thank the gen- that wreath for the door, make sure give his first State of the Union Ad- tleman for yielding. you get the small one. Don’t get the dress, but it actually will be his third It’s certainly not funny, humorous, big one. speech to a joint session of Congress. when we understand that, recently, Well, again, there are people in this The last one was on the matter of we’ve just heard that the election of Chamber who think we should regulate health care. I remember that I actually Senator BROWN from Massachusetts hot tubs, spas, water coolers, and applauded the President because he in- was due to, in many ways, according to Christmas lights—I don’t happen to be dicated that—and you know, again, the administration, the public’s lack of one of them—but again, the American there’s a lot of misinformation out having adequate information about public certainly and at least their rep- there about this health care proposal— what was in the bill. resentatives here in the Congress if you have health care and if you like We have heard that this administra- should have a chance to read what it is your health care, you get to keep it. tion and this Congress have been too we’re passing. Well, the wishbone is we have about busy acting to do enough talking so That then brings us to this health 8 million people in this country who that we can do enough understanding care legislation. wish they could keep their health care as the American people. It would seem I yield to the gentleman. under either the House or the Senate to me that, if one wants to make the Mr. MCCOTTER. Yes. proposal. Sadly, one group that cannot argument that the American people To the Chair, the gentleman from is the group of people on Medicare Ad- haven’t had sufficient information re- Ohio referenced a stimulus bill, which, vantage. I don’t know how many folks garding what’s in the bill and why it’s

VerDate Nov 24 2008 01:20 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K21JA7.067 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE H318 CONGRESSIONAL RECORD — HOUSE January 21, 2010 in their best interest, the last place boomers hit at 3 million to 3.5 million cover another 10 million to 12 million you would wish to hold your meetings people per year. Which means in the people. regarding that bill would be behind next 10 years when you take half a tril- You get to almost two-thirds of what closed doors, out of public sight. lion dollars out, you are going to add 30 the Senate bill wants to do in one page, It strikes me that—to use a medical million to 35 million people. Three not 2,500 pages of incomprehensible gib- term, actually, a criminal term—do things happen when that occurs. berish. So I would suggest that we do not blame the victim. Do not claim the Number one, you decrease access. that now. American people do not understand Seniors get it. Number two, if you We have a great opportunity to get what’s in this bill or that they have can’t get in to see your doctor, the this right. As I have said as a physician not had adequate information when it quality of your care goes down. And, for years, first of all, patients and their is you who are, in fact, keeping that in- number three, to get the care you need, families and their doctors ought to be formation from them, especially be- you are going to have to pay more making the health care decisions, not cause you realize that, when the Amer- money. You are going to have to pay a insurance companies, not the govern- ican people have seen what’s in this higher supplemental to get in. ment. And after looking at this bill— bill and what you intend to do to have So those three things are absolutely and I have read, as probably you have, government run their health care and guaranteed. Our seniors understand it this entire 2,032-page bill. And some of to make some of their most intimate very well. it is almost incomprehensible. It takes life decisions for them, they’ve rejected Back to the point that you were two or three other manuals, the HHS it. making a moment ago and I think is manual and the IRS manual and so on, I yield back to the gentleman. very important for comparative effec- to even read it to fully understand Mr. LATOURETTE. I thank the gen- tiveness research: I practiced medicine what you are getting. tleman. for over 30 years, and there is nothing So we need to go back and do some- The gentleman may remember—and I wrong with finding out what the best thing that is simple and fixable so that didn’t have this experience—that, dur- treatment for something is. We do that the American people can understand ing the month of August, there were a and we do research on that. and a doctor can understand. My physi- lot of town hall meetings on YouTube The problem comes when you make cian friends are asking me, Phil, what where people were standing up. Basi- the next move and say: okay, this per- does all this stuff mean? That is basi- cally, they had done some research on- son is 80 years old. Their life expect- cally what we are dealing with. If the line, and they had looked at—I think ancy is three, four years. Am I going to doctors don’t understand it, I doubt if the bill was called H.R. 3200 at that do an expensive knee replacement? the general public does. time, or maybe it was 3400. They’d ac- People will say that won’t happen. It is Mr. LATOURETTE. I thank the gen- tually read it. I did 18 town hall meet- already happening. tleman for his observations and hope ings during that time, and I didn’t have In England right now, they have an he can stay with us for the rest of the any angry mobs or anything like that. acronym called NICE, which is really hour. What I did have, on more than one oc- an ugly word for that. I have a good I was just reminded, Mr. MCCOTTER casion, are some senior citizens in the friend, a physician in my hometown, and I are both lawyers; the gentleman front row with a computer printout. whose sister-in-law is English. She was is a doctor. Back home, when people They asked, Well, why is this provision recently treated for chronic say, I practiced law for 30 years, they on page 196 in the bill? Why are you lymphocytic anemia and her treatment say, When are you going to stop prac- doing this? in England was a blood transfusion. ticing and really do it? But it is an- People in this country don’t die of that other subject. b 1545 disease. Whatever your age is, you are All right. I want to move down a lit- The greatest concern and what peo- offered treatment and you are treated. tle lower on our buddy here, and we ple get, and it is both the House and So this is being used already around have pork ribs. In the original game, it the Senate bill: when the President was in England. Many medications are not is just ribs. I call them pork ribs be- here he said, We agree on 80 percent of allowed because it ‘‘costs too much.’’ cause, interestingly enough, in the this stuff. We do. In America, if you You will get to take the red pill or the Senate bill—I am going to talk about have a preexisting condition, you blue pill, and it may not be the best the Senate bill for a minute—they have should have insurance, and you should pill. trouble. Go figure, they have trouble have the opportunity to be insured. I So what you said is absolutely true. even though they had 60 Members, now think if you can’t get insurance, we If people don’t think it will happen in soon only 59. But 60 Members who were need to find a way to get you covered. this country, it will. And I could not members of the Democratic Party, I think that you shouldn’t have to stay agree more. I agree with the President. which is filibuster-proof and every- in a bad job just because you are afraid I think the President would have thing else, but they were having trou- of losing your health care. So the served himself and the country well to ble getting it across the finish line. So President was right, 80 percent of that. sit down with both sides and find the there were some pretty highly pub- But if that is the case, why then, to common denominator on the 80 percent licized slabs of pork that were and are take care of these identifiable prob- of the things that we agree on and then in the Senate bill. lems that people say, yeah, that is not fix them. It is not that hard to do. The reason it is relevant is that after fair, we should fix that—why then do An example I will give you: the Sen- the Massachusetts Senate race, there you have to do the other monkeying ate bill is going to cover 30 million peo- was some discussion—and I see today around? And the other monkeying ple, I think, at a cost of $1 trillion. You that the Speaker has rejected it—but around truly, as far as the seniors are can do two things, one of which is in there was some discussion that, be- concerned, both bills take about $500 this bill which I like. Two things: cause they have lost their super- billion out of Medicare. Now, why do One is if your adult-age children majority in the United States Senate, you have to short the people that are graduate from high school or college that they just bring the Senate bill receiving Medicare by $500 billion to and don’t have insurance, which three over here for an up-or-down vote in the take care of these other problems? And of mine didn’t when they got their first House of Representatives. So it be- people understand that, and that came job, you simply allow them to stay on comes relevant what is in the Senate through loud and clear during the their parents’ health care plan. You bill, as well as what is in the House month of August. can cover 7 million young people by bill. I yield to the gentleman. doing that. There was a column in the Wash- Mr. ROE of Tennessee. I thank the Number two, we already have a State ington Post. Now, I have been here for gentleman for yielding. Children’s Health Insurance Plan and 15 years. The Washington Post is not a I will point out also, just to continue Medicaid. It is already out there, and real right-wing, right-leaning news- your point, when you take this $500 bil- so that doesn’t require another bu- paper. And it was a column written by lion out, what is going to happen in reaucracy. If you sign the people up a guy named Dana Milbank. Aside from 2011 is the first wave of our baby who currently are eligible, you will reading his column every once in a

VerDate Nov 24 2008 01:20 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K21JA7.068 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE January 21, 2010 CONGRESSIONAL RECORD — HOUSE H319 while, I see him on that show with The gentleman has talked about the back of the eye degenerates and even- Keith Olbermann, ‘‘The Countdown.’’ disparate treatment amongst the tually can lead to blindness. It is tied He doesn’t strike me as a Rush States, which helps to explain why the in many cases to people who are dia- Limbaugh, Glenn Beck type, either. bill is being handled behind closed betic. There are a number of drugs that But he was apparently moved to put doors so the public cannot see what Mr. can help slow or even move towards a pen to paper, and he talked about the Milbank, thankfully, is able to write cure for macular degeneration. slabs of pork in the bill. under the Constitution. The NICE program, the NICE board And you can begin with the Lou- One of the two heartless deals is the which we are now modeling this board isiana Purchase. Apparently, in order taxpayer funding of abortion which is that Mr. MCCOTTER talked about in the to get the Senator from Louisiana, in the Senate bill. And at this point, I United States, apparently will not ap- Senator LANDRIEU, on board, she re- would like to thank our Democratic prove the best drug, the drug that has ceived $100 million in 2011 in extra Med- colleague BART STUPAK for his efforts the greatest results. And I get that. I icaid money for Louisiana. here to ensure that the House bill car- mean, there is a big fight between the Now, why is that important? Be- ried his provision to prevent the tax- boutique drugs and generic. But they cause, as both gentlemen have cor- payer funding of abortion. It was a rare will only cover one eye. They won’t rectly pointed out, the centerpiece of moment of bipartisanship and a very this bill—how do you take, whatever cover both eyes. So it sets up sort of difficult issue. He has been a man of this strange situation. the number is. Some people say it is $47 strong courage and conviction and held I haven’t been to England lately; but million, some say it is $30 million, his ground, and hopefully we could still if you go, it is sort of everybody is some people say it is $15 million. How see that provision remain if something going to have an eye patch. It is going do you cover more people without it is passed. costing money? Everybody gets that. We have also seen the heartless deal to be okay on International Pirate And so clearly, when you say that some of, as has been mentioned, cutting a Day, but it is probably not going to of that is going to be taken up by the half trillion dollars from Medicare. work out the rest of the year. But Medicaid systems within the States, it That doesn’t sound like a very good those are the choices that you wind up is going to cost those Medicaid systems deal for the senior citizens. getting in. more money. And in the end, there is also a hidden Mr. ROE of Tennessee. I will just So Senator LANDRIEU said, Well, in deal that the American people don’t, I continue with that thought for a mo- order to get my vote, okay, it can cost think, quite realize the extent to which ment. When I began my practice—and, more money in Tennessee or Michigan it is going to hurt them. The deal is yes, we practiced like it takes us a or Ohio in Medicare expenses, and you this: within these bills is the concept, while to get it all right, and I am still all can pay more taxes, but not the the quality and continuation of your working on it after 30 years trying to folks down at the Mardi Gras. We are life and the health care you require to get it right—but when I began my prac- not going to pay that. perpetuate it and improve it is tied to tice in medicine, the survival rate of Probably the most famous one, Mr. the cost to the government. breast cancer in this Nation was about Milbank wrote about it; I call it the I want to be clear on this. We discuss 50 percent for 5 years. If a patient came Corn Husker Kickback. Senator BEN this in our Republican House policy to me and said, Dr. ROE, I have breast NELSON was much publicized, and Sen- pamphlet, ‘‘We, the People,’’ which you cancer. What are my chances of living? ator NELSON got an additional $100 mil- can see on line at About 50 percent had 5 years. lion in Medicaid money, and he then RepublicanHouse.com. became the 60th vote that was nec- Fast forward to now. We get a stage The fundamental tenets of the health essary to clear the Senate. I breast cancer now, which we are find- You have got Gatorade. There is an- care bill before us set forward a heart- ing almost all of them at early detec- other Senator down in Florida, and he less deal whereby your life and health tion because of early mammograms; it got an exemption. I talked before care will be determinate upon its cost is over 95 percent. It is one of the great about, I wish I could keep my health to the government. And that is because stories. You can tell a patient, no mat- care. Well, there are a lot of seniors in the underlying theory is that govern- ter how ill you get, no matter how sick Florida, and about 800,000 of them are ment can control health care costs by you are, you are going to make it. You in Medicare Advantage, which is elimi- controlling the supply of health care are going to be fine. nated under both bills. In order to get and your decisions. It is absolutely In England what they did was they Senator BILL NELSON’s vote down in backwards. were doing mammograms, and they Florida, he got to keep all of his Medi- A better deal for the American people discovered and there will be a false care Advantage people in Medicare Ad- would be to realize you have an inher- positive where the test says you have vantage. But in our States, if this were ent sanctity and dignity and liberty something and you don’t. Well, let me to become law, they are out. that allows you to pursue your health tell you, one of the best days you will I want to go to Montana. The head of and wellness and happiness, absent its ever have is calling a patient up and the Finance Committee over in the cost to the government, as long as you tell them, You don’t have cancer. I Senate, Senator MAX BAUCUS, of course don’t hurt other people; and to make have never had a problem with that. is from Montana. He secured Medicare sure that we go towards a patient-cen- But what they found out was that the coverage for anybody that has been ex- tered wellness that empowers individ- biopsies, it is a fairly sophisticated bi- posed to asbestos. Now, I think that is uals as consumers of health care to be opsy. It requires a radiologist and an okay with me; but you have got to read able to make their own decisions, and X-ray and so forth. That was costing the fine print in all of this business. allow the free market that is born of more than providing the mammo- And it only applies to people who were that to increase the supply of health grams. So what they have done is now exposed to asbestos who worked in a care to reduce costs. A far better deal they don’t do routine screening mam- mine in Libby, Montana. So again, for the American people from their mograms. They just wait until you get Ohio, Tennessee, all the other 49 servant government. a cancer, until you can feel a lump, and I yield back. States, if you were exposed to asbestos, then biopsy it. you are not covered; but if you are Mr. LATOURETTE. I thank the gen- from Montana, you are. tleman for that observation. And just The highest survival rate I have been I yield to Mr. MCCOTTER. cueing up on the doctor’s comment ear- able to find in English literature is 78 Mr. MCCOTTER. I thank the gen- lier about NICE and Great Britain, percent. I can promise you, if you fol- tleman. This segues into another point there are a lot of stories. You hear sto- low that pathway, it is going to go on the chart, the sweetheart deals that ries of people in Great Britain love right back down to 50 because you will were made with big pharmaceutical in- their coverage, some people hate their find them too late after the disease has dustries and others to try to get this coverage. already spread. bill passed. But the converse is the One of the stories that I have seen is So this stuff is occurring. This is not heartless deals that were also made to there is a condition that you probably fairytale stuff. It is occurring right get this bill passed. know, macular degeneration, where the now.

VerDate Nov 24 2008 02:59 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K21JA7.069 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE H320 CONGRESSIONAL RECORD — HOUSE January 21, 2010 b 1600 applies equally to all individuals. As a that either. They’re fair people. I want I will give—and back to your first free Republic composed of 50 sovereign to point that out. It’s not the people of point a moment ago, I will give Sen- States, it is critical that all States be those States. They’re very fair people. ator NELSON from Nebraska kudos. I treated equally under the law, under I yield back. have to say, because in our State, in the Constitution. In their haste to pass Mr. LATOURETTE. Well, thank you. Tennessee, we have a budget shortfall. this bill, they are endangering one of The gentleman makes a great point, As a matter of fact, we can’t even the fundamental foundations of a con- because you would think that the Gov- fund—we have no capital projects at stitutionally based free Republic. That ernor of Nebraska, who doesn’t have to the university this year. We’re not is a very grave mistake to make, no go find $100 million to put into the building a library, a dormitory, noth- matter how much you attempt to re- Medicaid program and a budget that’s ing. We have 50 less highway patrolmen form anything, especially when dealing strapped, would be doing cartwheels than we had 30 years ago and we’ve got with the body politic. over this deal. He was quoted just like 2 million more people. That’s how dire I yield back. Senator REID was, and he said, Nebras- our budget is. Mr. LATOURETTE. It’s interesting kans did not ask for a special deal, So what happens with this new bill the gentleman should make that point. only a fair deal. Under no cir- we’re talking about, adding Medicaid, Senator REID of Nevada, of course, is cumstances did I have anything to do is that you’re going to add almost a the majority leader on the other side of with the compromise. I, along with billion dollars to Tennessee’s budget the Capitol in the Senate, and he was Governors all across America, have ex- that we don’t have, and it’s a tax on asked about these special deals. The pressed concern about the unfunded States. In other words, what you’re gentleman’s correct; it takes a bill Medicaid mandate. I have said all doing when you add all these people, as that I think is flawed and now makes it along that this bill is bad news for Ne- you pointed out, is somebody’s got to not fair. It’s not fair to Ohio, Ten- braska and bad news for America. Ad- pay for it. And there’s a State match. nessee, Michigan, and other States ditionally, I’ve criticized Senator REID Senator NELSON understood that and that we’re going to pay higher taxes to when he got a special deal for Nevada he just exempted his State from that take in the people that can’t get insur- that didn’t apply uniformly to all match. ance into our Medicaid program, and States. Our Senator negotiated this So that’s why it’s important for the the people in Louisiana and Nebraska deal rather than a fair deal for both viewers to understand that you at and Florida aren’t going to have to do Nebraska and America. home will get not only a tax, an indi- that. But Senator REID was asked Again, if you’re the chief executive of vidual mandate tax, you’re also going about that and his quote was: There Nebraska, you think you’d be happy to get a tax. And what the government are 100 Senators here, and I don’t know about this because part of your budget has done is an unfunded mandate. We that there’s a Senator that doesn’t problems have just gone away as a re- see that all the time around here, have something in this bill that isn’t sult of this deal. But they recognize where bills are passed and local mu- important to them. the gentleman’s point exactly. As nicipalities or States are left to pay I think I agree with that. If they Americans, they want everybody to be the bills. So I think it’s important that don’t have, then it doesn’t speak well treated fairly, even if it’s at the cost of the folks understand that. of them. they could have gotten something I yield back. Now, I’ve got to tell you, our Sen- extra. Mr. LATOURETTE. Before yielding ators back in Ohio, nobody likes this Mr. ROE of Tennessee. Will the gen- to the gentleman from Michigan, I just stuff. But I’ve been in places where tleman yield? want to finish the pork rib so we can they asked, How come you didn’t get? Mr. LATOURETTE. Sure. Happy to. move on to sweetheart deals and the BEN NELSON got. This guy got. Why Mr. ROE of Tennessee. We have a rest of our patient here. We may have didn’t you get anything? So the gen- Democratic Governor in the State of to come back and do this again to get tleman is absolutely right. It’s a flawed Tennessee, and he and the legislature through all of the time. bill, but now in the Senate it’s been are right now in session beginning on But the last pork rib I want to talk made worse because now it’s not fair this very difficult process of balancing about is two Democratic Senators from because people in Nebraska and Iowa the budget. Our Governor in the State the State of North Dakota, Senators and North Dakota and Florida and of Tennessee said this was the mother DORGAN and CONRAD. They, through Louisiana are going to be treated bet- of all unfunded mandates. He wants no their skill, were able to get a provision ter than the constituents in our State. part of it. He feels like it’s bad, just as bringing higher Medicare patients to That’s not fair. That’s not fair. the Governor of Nebraska and other hospitals and doctors in frontier coun- Mr. ROE of Tennessee. I thank the Governors are realizing; that it’s just ties. Now, they weren’t as blatant as gentleman for yielding. another huge government entitlement some of the other ones that say it’s The point was made twice that the that’s going to cost the States and coming to Florida, it’s coming to Ne- American people are the fairest people local taxpayers. braska, but frontier counties. on this Earth, and we live in a place Like I said a minute ago, what are we I guess I’d yield to the gentleman where we have fought a Revolutionary supposed to do? Do away with our high- from Michigan for his thoughts. First, War, established a Constitution that way patrol if the Federal Government I want to just ask him to answer, Do stated that everyone had that right— passes this? Are we supposed to not do you have any frontier counties in has a right to be treated equally and anything for education in the State of Michigan, because we don’t in Ohio. under the U.S. Constitution. This does Tennessee? I don’t know what the Fed- Mr. MCCOTTER. If we did, they’re not do that. It absolutely voids those eral Government expects us to do, but not in my district. rights for people in certain States and I guess they expect us not to build col- Mr. LATOURETTE. Does the gen- gives more rights to people in other leges, not to add to our schools. I don’t tleman have an observation he’d like States. know. Right now, the legislature is to make? I can tell you, the American people working very hard not to cut money I’d yield to him. will do a lot of hard things if you’re from education. Mr. MCCOTTER. I thank the gen- honest with them and you’re fair and We hear and I’ve heard all the time tleman for yielding. they feel like the people in California about how our side, the Republican On the point about the sweetheart and the people in Ohio and Tennessee side, doesn’t have any ideas about deals and the disparate treatment and Michigan and Nebraska are all health care. Well, it would have been amongst the States, we have to remem- being treated the same. I might add nice to share that with somebody. We ber that in the haste to pass this bill that the people in Nebraska feel the have 10 physicians in our caucus on the and in the haste of the backroom deal- same way. I have seen them and I’ve Republican side. Not one of us was ing and the haste of trying to seen the people in Florida speak and asked about this 2,000-page health care ‘‘incentivize’’ their own Democratic I’ve seen the people in other States bill. I found that astonishing when I’ve colleagues’ votes in the Senate, you who got these sweetheart deals. And spent my career in health care and not have to remember that the rule of law Louisiana, they’re not happy about one person asked my opinion about

VerDate Nov 24 2008 01:20 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K21JA7.071 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE January 21, 2010 CONGRESSIONAL RECORD — HOUSE H321 what I thought of this bill. I found that But the amazing thing to me is that b 1615 amazing to me. And so when I go home people around here were bragging that My second statement, before I yield and tell people in Tennessee—as a mat- it only costs a trillion dollars, but the to the gentleman, is that there is a ter of fact, all over the State of Ten- taxes—the taxes and the fees would provision in the bill that somehow—I nessee—when I go, they can’t believe start now. If this bill had been passed think some of the drafters of this legis- it. It is sort of hard to believe. and signed into law by the President, lation think the people who we rep- I yield back. they would begin taxing all the things resent are stupid. So it’s their proposal Mr. LATOURETTE. I thank the gen- we’ll talk about another day today, but tleman. that they are going to require—and I’m the benefits that they are proposing to sure it’s not going to be at no cost— Perhaps it’s still because you’re still give to people don’t come in until 2013. practicing after 30 years they didn’t every vending machine in America to Now, the three of us I don’t think have a label that tells you whether or feel that they wanted to solicit your would be in the Congress if we had in- opinion. I would say that I actually in- not what you’re about to buy is good vented a business that we could come for you and what’s in it, what’s not in troduced a bill, and it wasn’t 2,500 to people and say, You know what? I pages long. It was 85 pages long. It was it, and so on and so forth. would like you to pay me a hundred written by the American Academy of Now, I have got to tell you, if you thousand today and for the next 4 Physicians. I didn’t write it because look at me, I’m not such a healthy years, and in 2013 I’ll get around to I’m not smart enough to figure that eater. But I will tell you that I know building you a house or getting you a out. They wrote it. It didn’t cost what when I put 80 cents in the vending ma- car, whatever the case may be. this cost. It covered everybody, took chine in the Rayburn House Office So it’s not just a trillion dollars. It’s care of preexisting conditions. Around Building, and I’m going to get one of not just a trillion-and-a-half dollars or here, when you want an amendment to those Hostess Cupcakes with the deli- whatever the figure is. It is a trillion a bill, you’ve got to take 50 copies up cious cream filling, it’s not good for dollars once you start the benefits to the Rules Committee, and so I got a me. I know that. We don’t need to after you’ve been collecting taxes for 4 mule and took 50 copies of this 85-page make that Ho Ho $1.50 because the years. bill up to the Rules Committee. They Hostess people have to put a label on The gentleman from Michigan. didn’t even think about it. there telling me, you know, that if you Mr. MCCOTTER. I appreciate that Now, what’s the danger? Here, back eat this, you’re probably going to gain from the gentleman. to process, you talk about process and weight. I just want to be clear on this. As we people’s eyes sort of glaze over. But the Mr. McCOTTER. Will the gentleman put forward in the Republican House stark reality is on this side of the aisle yield for a point of order? Policy pamphlet, We the People, which there are only 178 Republicans. Over Mr. LATOURETTE. I would be happy you can view at here there are 257 Democrats, and the to. Republicanhousepolicy.com, the gov- magic number here is 218. You get the Mr. McCOTTER. I will ask the Chair, ernment doesn’t spend what it makes. simple majority, you’re able to pass is there a House rule against product It spends what it takes. When the gen- legislation, unlike in the Senate. So endorsement or placement in speeches what are they afraid of? If they had tleman talked about how, if you start- that are delivered here in the Cham- made in order for 5 minutes the oppor- ed a business, you would have startup ber? tunity for me or you, as a physician, or costs. You would not be able to go out Mr. LATOURETTE. The gentleman is to people and simply take their money Representative MCCOTTER, as a rep- being facetious. resentative of about 700,000 people in and promise them a product later and Mr. McCOTTER. I withdraw the re- Michigan, say, ‘‘You know what? We talk about what a wonderful profit quest. don’t like your thing but we have an that you have. What we’re seeing here Mr. LATOURETTE. So those are two idea to improve it, maybe make it a is some of the worst of government ac- things that jumped out at me. I don’t little bit more bipartisan,’’ what is the counting, where the government goes know if either gentleman would like to danger in letting us talk for 5 or 10 out and takes your money on the add to that before we move on. minutes, vote on it, and then move on? promise of something later and then it Mr. ROE of Tennessee. I would like They can squish you like a bug. I’ve tells you that it isn’t as expensive as to add to that. I agree with you 100 per- said back home, at 178–257, we can’t it’s going to be. cent. If you haven’t figured out that stop a one-car parade. And so this talk I yield back. eating out of a vending machine is not out there that somehow Republicans Mr. LATOURETTE. I thank you. healthy for you, you are not smart are stymieing this effort—we can’t. We I want to get to my favorite one. enough to be here in the U.S. Congress. just don’t have the ability based upon This is ‘‘you’ve got to be kidney.’’ We Mr. LATOURETTE. I do take um- the makeup of this Chamber. talked at the top of the hour about brage with that, Doctor. Their problem has been that some some of the things that were in the Mr. ROE of Tennessee. The other lit- Democrats are fighting with other stimulus bill, some of the things that tle thing that I thought was fas- Democrats. And if you look at how this were in the cap-and-trade legislation, cinating about this health care bill was thing is falling apart, some people but when you rush through a 2,000-page a mention for carbon credits for black think it’s gone too far. Some people bill, it’s got a lot of stuff in it. And I liquor. And most people don’t know think it’s gone not far enough. Not have ‘‘you got to be kidney,’’ and what black liquor is, but I happen to many people think it’s just right or maybe the two gentlemen have an ob- have a paper factory in my district. It’s else we’d have the legislation on the servation about it. I thought a couple a paper byproduct. Why in the world floor. of things came to my mind about was that in there? Why was a sewer I want to just skip past the next two, ‘‘you’ve got to be kidney.’’ system on Indian reservations? Why and I would invite the gentlemen to This is a bill about health care, about was the calorie content of a dough- come back and maybe we’ll spend a taking care of people who are sick, nut—I don’t even eat doughnuts. I whole hour on the next two, but one is making sure that people get health started eating a dozen of them because an arm and a leg. We could talk all day coverage. There is a provision in the it’s not government’s business to be about what it costs. The one thing I do bill that gives veterinary students— telling you that. I want to mention want to mention about the cost is, you people training to be doctors to take something about—you talked about look at CBO. CBO scored the first bill, care of horses, dogs, and cats—they’re how they took the money and then pro- I think it was $1.6 trillion over the life able to tap into a $350 million fund to vided the service 3 years later. Well, of the bill. It was going to be an addi- pay off their student loans. Now, I like typically you see those furniture store tional cost. The Senate bill is about a veterinarians. I don’t want to get in ads on Saturday morning, what they trillion, and they pay for it. And that’s trouble with veterinarians. I think typically give you is zero interest; you where the ‘‘hard to stomach’’ comes they do a great job. But what in the don’t pay anything, and you get the from, the new taxes and fees that are devil does a veterinarian have to do product. This is just the opposite. I going to be hard to stomach to pay for with a health care bill to provide bet- find it fascinating. Let someone try to this thing. ter health care for people in America? sell you a couch doing that.

VerDate Nov 24 2008 01:20 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K21JA7.072 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE H322 CONGRESSIONAL RECORD — HOUSE January 21, 2010 The cost is another thing I wanted to And if I may very quickly in one mo- kets, if I’m going out to try to buy it, bring up, the government estimates of ment, I wish to answer your question or small businesses, like I ran. But if cost—I think this, to me, was the most about vending machines. It goes back you are spreading those risks among amazing thing in the world. Medicare to our earlier point. The government is hundreds of thousands or millions of came online in 1965. It was a $3 billion tying your health to the cost to the people, it’s not a problem. Number program. The estimate from the gov- government. They want to control three is tort reform. We haven’t ernment was that 25 years later, that what you eat because if you eat im- touched on that. Certainly malpractice program would be a $15 billion pro- properly, it costs them ‘‘money.’’ Now reform is a major cost bender in this. gram. In 1990, 25 years later, it was a I will just remind people, if you don’t Mr. LATOURETTE. Well, just taking $90 billion program. Today it’s over want the government in your bedroom, back my time for a minute. They say $400 billion. In Tennessee, we started in you sure don’t want them in your we have 5 minutes left. So we are going 1993 a program called TennCare to save kitchen either. to be okay, and we’ll get to Mr. money, to manage care and save Mr. LATOURETTE. I thank the gen- MCCOTTER for a closing thought. money. It was a $2.6 billion program. tleman. Just to get to the last two, and But there was a focus group in Mas- Ten budget years later, it had tripled then we will come back for another sachusetts the night of the election, to an $8 billion program. It took up hour another day. This painful business run by a pollster named Frank Luntz, every new—almost every new dollar down here on the foot, that’s called a and there was a physician in the focus the State took in. So when you see corn. And of course during the last group. He mentioned that exact point. these cost estimates of $1 trillion or election, a lot of people became famil- He said, Why don’t you have mal- $1.2 trillion, it’s a fairy tale. I mean, iar with an organization by the name practice reform? Why don’t you stop every single government program that of ACORN. Again, when you talk about this needless double testing to make I have ever heard of, with the exception what was handed out in the Senate, the sure that you don’t get sued? Actually, of Medicare Part D, went over budget. Senator from Illinois who was the re- when our proposal was put forward, the Mr. LATOURETTE. We have about 10 placement for Senator Obama when he bean counters indicated that that minutes left, and I know the gentleman came President Obama, Senator would save to the system $56 billion a from Michigan is sort of an expert on BURRIS, is claiming a provision in Sen- year. this. This goes, again—if you like your Now to the gentleman’s point about ator REID’s manager’s amendment that plan, you can keep it. We have called it the high-quality plans: Why wouldn’t could funnel money to ACORN through thigh-quality plans, which of course is you take that $56 billion a year out of the health care bill. Specifically, for high-quality plans. And in the Senate frivolous lawsuits so that these folks those that care, it’s on page 150, and it bill, in order to pay for some of this that have negotiated for good-quality says that ‘‘community and consumer- business, the gentleman maybe could health care for their families don’t focused nonprofit groups’’ may receive enlighten us on what it is they do to have to pay a 40 percent income sur- grants to ‘‘conduct public education people that have—either provided by charge on income that they’re not re- activities.’’ So we have ACORN. And their employer, their labor union or by ceiving? whatever—a plan that really takes care again, I’m not going to talk about all Mr. ROE of Tennessee. I could not of them and their family, a little the other ACORN stuff. But what does agree more. And I certainly agree with pricey, but it takes care of them. I ACORN have to do with lowering the my colleague from Michigan, Congress- would like the gentleman to share his cost of health care and making sure man MCCOTTER, about the high plans, thoughts. that people are provided? the so-called wealthy plans. We don’t Mr. MCCOTTER. I thank the gen- To wrap up, the last one that we have need to be increasing taxes on—Ameri- tleman for yielding. The sky-thigh, 40 is a kind of tricky medical, the Achil- cans can’t stand another tax right now. percent surcharge on health plans, in les’ heel. And I put the Achilles’ heel The other thing you can do in the an attempt to capture, ‘‘Cadillac’’ on this chart because the Achilles’ heel State is subsidize at a nominal amount plans, which we from Detroit prefer to of this entire plan, in my opinion, is of money high-risk pools so that people call Lexus plans. The government in the will of the American people. The who do have preexisting conditions— the Senate passed a bill that would tax American people have spoken up. They that’s another way you can deal with these plans. What they did was, they have spoken up in Virginia and New that very simply. And those four or caught up a whole lot of working peo- Jersey and Massachusetts. They’re five things we talked about we could ple who have collective bargaining speaking up on the streets. They spoke all agree on. We could get this done agreements from employer-provided up in August at town hall meetings, this 90 days or less, right here in the benefits. You can imagine that coming and it’s a strange thing. I have seen a House in a bipartisan fashion. If the from a district like mine, an auto- couple of articles that say that the President is ready to work with us, I based district of people who still make Senate has a really tough job after know our side is. I am. I yield back. things for a living such as cars, this they passed their bill around Christmas Mr. LATOURETTE. Thank you. And I was a very unfair tax to them. It went because they have to go home and try yield to the gentleman from Michigan against the express position of many to convince people that a bill they for his closing thoughts. people in the Democratic Party who, don’t want is good for them. I have Mr. MCCOTTER. I thank the gen- like myself—and I believe the gen- been in public life for about 20 years. tleman. One of the fundamental con- tleman from Ohio—oppose putting a That’s a strange paradigm. cepts behind this great Nation is that tax on employer-provided health care So closing thoughts from the gen- all power is vested in the sovereign benefits. tleman from Tennessee. people. It is simply delegated to us, as We’ve recently seen where the unions Mr. ROE of Tennessee. Well, I think their servants, to do the work of gov- had to go to the White House to try to it brings the point. It is getting harder ernance on their behalf. You cannot stop this unfair tax from affecting peo- and harder to pass legislation that peo- defy the people who sent you here. You ple that they represent. I, for one Re- ple don’t want, for sure. And I think, cannot tell your employer who is giv- publican, am glad that the administra- just very quickly, to let people know of ing a 2-year, 6-year or a 4-year contract tion has shown a willingness to back a few basic ideas that we have that will that they don’t know what they are off this tax because I wish everybody help solve this problem. I mentioned to talking about, that you know better would not have to pay this tax. I wish you a moment ago cost and afford- than they do, and you will take their they would go back to the drawing ability are what people worry about, money to convince them of it over a board and get it right. But it goes back and preexisting conditions. How do you period in time. to the fact that in the rush to pass deal with those things? I think that what we have to remem- this, in a haste behind closed doors to One of the things you can do is allow ber here, the true Achilles’ heel is not do this, they actually hurt the very health insurance companies to go the American public’s lack of under- working people that so many of us on across State lines like any other insur- standing about this. It is the Congress’ both sides of the aisle have promised ance companies. Form association arrogant defiance of the wishes of the should never have their employer-pro- health plans. Preexisting conditions American people that have common- vided health care benefits taxed. are only a problem for individual mar- sense solutions to problems that affect

VerDate Nov 24 2008 02:59 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K21JA7.073 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE January 21, 2010 CONGRESSIONAL RECORD — HOUSE H323 their daily lives, especially in a very credit is a serious issue facing most ADJOURNMENT difficult time of economic recession, small businesses in this country. The Ms. MARKEY of Colorado. Mr. with high unemployment, such as in lack of credit has caused a cash-flow Speaker, I move that the House do now States like mine, Michigan. crunch on many businesses, impacting adjourn. When we think about this, it is a their ability to grow, purchase new The motion was agreed to; accord- very fundamental proposition. Lincoln equipment or hire a worker. Approxi- ingly (at 4 o’clock and 29 minutes laid it out a long time ago. Whatever mately $2.5 billion in commercial loans p.m.), under its previous order, the happened in Massachusetts and will come due in the next year, and House adjourned until tomorrow, Fri- throughout this country, it’s not many banks will not be willing or able day, January 22, 2010, at 10 a.m. anger. It’s not just frustration. It’s not to renew them. . vexation. It’s the fact that the Amer- On May 20, 2009, I introduced the f ican people understand what’s hap- Small Business AID Act, H.R. 2527. The pening. They have the information, and Small Business AID Act will allow OATH FOR ACCESS TO CLASSIFIED they do not give their consent to this small businesses to utilize the SBA’s INFORMATION radical government-run health care 504 loan program to refinance existing Under clause 13 of rule XXIII, the fol- bill that was passed by this House or by debt. Low interest rates in conjunction lowing Members executed the oath for the Senate or is threatened to be with this bill allow small businesses to access to classified information: passed again, because Lincoln was reduce their debt while raising their Neil Abercrombie, Gary L. Ackerman, Rob- right: Why should there not be patient cash flow. This bill is temporary in na- ert B. Aderholt, John H. Adler, W. Todd confidence in the ultimate justice of ture, limiting debt restructuring for 2 Akin, Rodney Alexander, Jason Altmire, the people? Is there any better or equal years. The bill is also deficit-neutral. Robert E. Andrews, Michael A. Arcuri, Steve hope in this world? The answer remains Over 94 percent of my colleagues have Austria, Joe Baca, Michele Bachmann, Spen- no, and I would encourage my Demo- cer Bachus, Brian Baird, Tammy Baldwin, J. certified development companies in Gresham Barrett, John Barrow, Roscoe G. cratic colleagues to heed their wisdom. their districts which provide loans to I yield back. Bartlett, Joe Barton, Melissa L. Bean, Xa- small businesses. These loans amount vier Becerra, Shelley Berkley, Howard L. Mr. LATOURETTE. I thank both the to an average of $1.6 million invest- Berman, Marion Berry, Judy Biggert, Brian gentlemen for participating. I will just ment in small businesses in each of our P. Bilbray, Gus M. Bilirakis, Rob Bishop, say that in light of this election in districts, and the average number of Sanford D. Bishop Jr., Timothy H. Bishop, Massachusetts, I have hoped that the Marsha Blackburn, Earl Blumenauer, Roy administration will push the reset but- loans per year per district is three. That means almost $5 million invested Blunt, John A. Boccieri, John A. Boehner, Jo ton, and we would take the President Bonner, Mary Bono Mack, John Boozman, at his word when he came here to this in businesses, purchases, employees. Madeleine Z. Bordallo, Dan Boren, Leonard House. Let’s get a bill. Let’s get some- Senator LANDRIEU introduced S. 2869 on L. Boswell, Rick Boucher, Charles W. thing done on the 80 percent that we December 10th, which includes provisions Boustany Jr., Allen Boyd, Bruce L. Braley, can agree about. We can fight for the which are similar to The Small Business AID Kevin Brady, Robert A. Brady, Bobby Bright, Act. The Senate Committee on Small Busi- Paul C. Broun, Corrine Brown, Ginny Brown- rest of the couple years on the 20 per- Waite, Henry E. Brown Jr., Vern Buchanan, cent we don’t. But let’s get something ness and Entrepreneurship conducted hear- ings and has reported the bill favorably. Michael C. Burgess, Dan Burton, G. K. done for the American people. Butterfield, Steve Buyer, Ken Calvert, Dave And not to use percentages, but as Our economy needs a shot in the arm. The Camp, John Campbell, Eric Cantor, Anh ‘‘Jo- our friend here in the Operation game, Small Business AID Act is a simple cost-free seph’’ Cao, Shelley Moore Capito, Lois my folks back home are saying, We fix to infuse more cash into our economy. I Capps, Michael E. Capuano, Dennis A. need to take care of the things that, urge all members to support H.R. 2527. Cardoza, Russ Carnahan, Christopher P. Car- ney, Andre´ Carson, John R. Carter, Bill Doc, you’ve talked about. Why though, f in order to take care of the 15 percent Cassidy, Michael N. Castle, Kathy Castor, Jason Chaffetz, Ben Chandler, Travis W. of the people we have to deal with— SPECIAL ORDERS GRANTED Childers, Judy Chu, Donna M. Christensen, that’s the estimate—do we have to By unanimous consent, permission to Yvette D. Clarke, Wm. Lacy Clay, Emanuel mess with the other 85 percent? We Cleaver, James E. Clyburn, Howard Coble, have to mess with the people who have address the House, following the legis- Mike Coffman, Steve Cohen, Tom Cole, K. good quality health care? We have to lative program and any special orders Michael Conaway, Gerald E. Connolly, John take $500 billion out of Medicare? Peo- heretofore entered, was granted to: Conyers Jr., Jim Cooper, Jim Costa, Jerry F. ple don’t understand it. And I don’t (The following Members (at the re- Costello, Joe Courtney, Ander Crenshaw, Jo- blame them for not understanding be- quest of Mr. BRIGHT) to revise and ex- seph Crowley, Henry Cuellar, John Abney Culberson, Elijah E. Cummings, Kathleen A. cause I don’t understand it either. And tend their remarks and include extra- neous material:) Dahlkemper, Artur Davis, Danny K. Davis, I just have to say again, you’ve got to Geoff Davis, Lincoln Davis, Susan A. Davis, Ms. WOOLSEY, for 5 minutes, today. be kidding. Nathan Deal, Peter A. DeFazio, Diana I thank you both for participating, Mr. DEFAZIO, for 5 minutes, today. DeGette, William D. Delahunt, Rosa L. Mr. Speaker. I thank you and yield Mr. BRIGHT, for 5 minutes, today. DeLauro, Charles W. Dent, Lincoln Diaz- back. Ms. KAPTUR, for 5 minutes, today. Balart, Mario Diaz-Balart, Norman D. Dicks, Mr. FALEOMAVAEGA, for 5 minutes, John D. Dingell, Lloyd Doggett, Joe Don- f today. nelly, Michael F. Doyle, David Dreier, Steve REMOVAL OF NAME OF MEMBER (The following Members (at the re- Driehaus, John J. Duncan Jr. Chet Edwards, AS COSPONSOR OF H.R. 874 quest of Mr. POE of Texas) to revise and Donna F. Edwards, Vernon J. Ehlers, Keith extend their remarks and include ex- Ellison, Brad Ellsworth, Jo Ann Emerson, Ms. MARKEY of Colorado. Mr. Eliot L. Engel, Anna G. Eshoo, Bob Speaker, I ask for unanimous consent traneous material:) Etheridge, Eni F. H. Faleomavaega, Mary to be removed as a cosponsor from H.R. Mrs. MILLER of Michigan, for 5 min- Fallin, Sam Farr, Chaka Fattah, Bob Filner, 874. utes, today. Jeff Flake, John Fleming, J. Randy Forbes, The SPEAKER pro tempore (Mr. Mr. REICHERT, for 5 minutes, today. Jeff Fortenberry, Bill Foster, Virginia Foxx, TEAGUE). Is there objection to the re- Barney Frank, Trent Franks, Rodney P. quest of the gentlewoman from Colo- f Frelinghuysen, Marcia L. Fudge, Elton rado? Gallegly, John Garamendi, Scott Garrett, There was no objection. SENATE ENROLLED BILL SIGNED Jim Gerlach, Gabrielle Giffords, Kirsten E. The Speaker announced her signa- Gillibrand*, Phil Gingrey, Louie Gohmert, f Bob Goodlatte, Charles A. Gonzalez, Bart ture to an enrolled bill of the Senate of THE SMALL BUSINESS AID ACT Gordon, Kay Granger, Sam Graves, Alan the following title: Grayson, Al Green, Gene Green, Parker Grif- (Ms. MARKEY of Colorado asked and S. 692. An act to provide that claims of the fith, Rau´ l M. Grijalva, Brett Guthrie, Luis V. was given permission to address the United States to certain documents relating Gutierrez, John J. Hall, Ralph M. Hall, Debo- House for 1 minute.) to Franklin Delano Roosevelt shall be treat- rah L. Halvorson, Phil Hare, Jane Harman, Ms. MARKEY of Colorado. Mr. ed as waived and relinquished in certain cir- Gregg Harper, Alcee L. Hastings, Doc Speaker, obtaining and maintaining cumstances. Hastings, Martin Heinrich, Dean Heller, Jeb

VerDate Nov 24 2008 01:31 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K21JA7.074 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE H324 CONGRESSIONAL RECORD — HOUSE January 21, 2010 Hensarling, Wally Herger, Stephanie Herseth Mark E. Souder, Zachary T. Space, Jackie ting the Department’s final rule — Safety Sandlin, Brian Higgins, Baron P. Hill, James Speier, John M. Spratt Jr., Cliff Stearns, Zone; Lower Mississippi River, Mile Marker A. Himes, Maurice D. Hinchey, Rube´n Bart Stupak, John Sullivan, Betty Sutton, 482.2 to Mile Marker 491, Lake Providence, Hinojosa, Mazie K. Hirono, Paul W. Hodes, John S. Tanner, Ellen O. Tauscher*, Gene LA [COTP New Orleans-05-089] (RIN: 1625- Peter Hoekstra, Tim Holden, Rush D. Holt, Taylor, Harry Teague, Lee Terry, Bennie G. AA00) received January 7, 2010, pursuant to 5 Michael M. Honda, Steny H. Hoyer, Duncan Thompson, Glenn Thompson, Mike Thomp- U.S.C. 801(a)(1)(A); to the Committee on Hunter, Bob Inglis, Jay Inslee, Steve Israel, son, Mac Thornberry, Todd Tiahrt, Patrick Transportation and Infrastructure. Darrell E. Issa, Jesse L. Jackson Jr., Sheila J. Tiberi, John F. Tierney, Dina Titus, Paul 5659. A letter from the Attorney Advisor, Jackson Lee, Lynn Jenkins, Eddie Bernice Tonko, Edolphus Towns, Niki Tsongas, Mi- Department of Homeland Security, transmit- Johnson, Henry C. ‘‘Hank’’ Johnson Jr., Sam chael R. Turner, Fred Upton, Chris Van ting the Department’s final rule — Safety Johnson, Timothy V. Johnson, Walter B. Hollen, Nydia M. Vela´ zquez, Peter J. Vis- Zone; Lower Mississippi River, Mile Marker Jones, Jim Jordan, Steve Kagen, Paul E. closky, Greg Walden, Timothy J. Walz, Zach 297 to Mile Marker 298, Angola, LA [COTP Kanjorski, Marcy Kaptur, Patrick J. Ken- Wamp, Debbie Wasserman Schultz, Maxine New Orleans-05-090] (RIN: 1625-AA00) received nedy, Dale E. Kildee, Carolyn C. Kilpatrick, Waters, Diane E. Watson, Melvin L. Watt, January 7, 2010, pursuant to 5 U.S.C. Mary Jo Kilroy, Ron Kind, Peter T. King, Henry A. Waxman, Anthony D. Weiner, Peter 801(a)(1)(A); to the Committee on Transpor- Steve King, Jack Kingston, Mark Steven Welch, Lynn A. Westmoreland, Robert tation and Infrastructure. Kirk, Ann Kirkpatrick, Larry Kissell, Ron Wexler*, Ed Whitfield, Charles A. Wilson, 5660. A letter from the Attorney Advisor, Klein, John Kline, Suzanne M. Kosmas, Joe Wilson, Robert J. Wittman, Frank R. Department of Homeland Security, transmit- Frank Kratovil Jr., Doug Lamborn, Leonard Wolf, Lynn C. Woolsey, David Wu, John A. ting the Department’s final rule — Safety Lance, James R. Langevin, Rick Larsen, Yarmuth, C. W. Bill Young, Don Young. Zone; Lower Mississippi River, Mile Marker John B. Larson, Tom Latham, Steven C. 96 to Mile Marker 97, New Orleans, LA f LaTourette, Robert E. Latta, Barbara Lee, [COTP New Orleans-05-091] (RIN: 1625-AA00) Christopher John Lee, Sander M. Levin, EXECUTIVE COMMUNICATIONS, received January 7, 2010, pursuant to 5 U.S.C. Jerry Lewis, John Lewis, John Linder, Dan- ETC. 801(a)(1)(A); to the Committee on Transpor- iel Lipinski, Frank A. LoBiondo, David tation and Infrastructure. Loebsack, Zoe Lofgren, Nita M. Lowey, Under clause 2 of Rule XXIV, execu- 5661. A letter from the Attorney Advisor, Frank D. Lucas, Blaine Luetkemeyer, Ben tive communications were taken from Department of Homeland Security, transmit- Ray Luja´ n, Cynthia M. Lummis, Daniel E. the Speaker’s table and referred as fol- ting the Department’s final rule — Safety Lungren, Stephen F. Lynch, Carolyn McCar- lows: Zone; Gulf Intracoastal Waterway MM58.5 to thy, Kevin McCarthy, Michael T. McCaul, 5652. A letter from the Attorney Advisor, MM59.5 WHL, bank to bank [COTP Morgan Tom McClintock, Betty McCollum, Thaddeus Deparment of Homeland Security, transmit- City-07-011] (RIN: 1625-AA00) received Janu- G. McCotter, Jim McDermott, James P. ting the Department’s final rule — Safety ary 7, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); McGovern, Patrick T. McHenry, John M. Zone; Gulf Intracoastal Waterway, Inner to the Committee on Transportation and In- McHugh*, Mike McIntyre, Howard P. ‘‘Buck’’ Harbor navigation Canal, 500 yards North frastructure. McKeon, Michael E. McMahon, Cathy and South of the Florida Avenue Bridge, New 5662. A letter from the Attorney Advisor, McMorris Rodgers, Jerry McNerney, Connie Orleans, LA [COTP New Orleans-05-092] (RIN: Department of Homeland Security, transmit- Mack, Daniel B. Maffei, Carolyn B. Maloney, 1625-AA00) received January 7, 2010, pursuant ting the Department’s final rule — Safety Donald A. Manzullo, Kenny Marchant, Betsy to 5 U.S.C. 801(a)(1)(A); to the Committee on Zone; Gulf Intracoastal Waterway MM58.5 to Markey, Edward J. Markey, Jim Marshall, Transportation and Infrastructure. MM59.5 WHL, bank to bank [COTP Morgan Eric J. J. Massa, Jim Matheson, Doris O. 5653. A letter from the Attorney Advisor, City-07-016] (RIN: 1625-AA00) received Janu- Matsui, Kendrick B. Meek, Gregory W. Department of Homeland Security, transmit- ary 7, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); Meeks, Charlie Melancon, John L. Mica, Mi- ting the Department’s final rule — Safety to the Committee on Transportation and In- chael H. Michaud, Brad Miller, Candice S. Zone; Gulf of Mexico, Posit 29°26.8N 093°25.8W frastructure. Miller, Gary G. Miller, George Miller, Jeff [COTP Port Arthur-06-024] (RIN: 1625-AA00) 5663. A letter from the Attorney Advisor, Miller, Walt Minnick, Harry E. Mitchell, received January 7, 2010, pursuant to 5 U.S.C. Department of Homeland Security, transmit- Alan B. Mollohan, Dennis Moore, Gwen 801(a)(1)(A); to the Committee on Transpor- ting the Department’s final rule — Safety Moore, James P. Moran, Jerry Moran, Chris- tation and Infrastructure. Zone; 200 feet east to 200 feet west of the topher S. Murphy, Patrick J. Murphy, Scott 5654. A letter from the Attorney Advisor, Lewis Street Swing Bridge at MM52.5 Bayou Murphy, Tim Murphy, John P. Murtha, Sue Department of Homeland Security, transmit- Teche, New Iberia, Louisiana, bank to bank Wilkins Myrick, Jerrold Nadler, Grace F. ting the Department’s final rule — Safety [COTP Morgan City-08-003] (RIN: 1625-AA00) Napolitano, Richard E. Neal, Randy Zone; Lower Mississippi River, Mile Marker received January 7, 2010, pursuant to 5 U.S.C. Neugebauer, Eleanor Holmes Norton, Devin 87.0 to Mile Marker 89.0, in the vicinity of 801(a)(1)(A); to the Committee on Transpor- Nunes, Glenn C. Nye, James L. Oberstar, the Algiers Canal, New Orleans, LA [COTP tation and Infrastructure. David R. Obey, John W. Olver, Pete Olson, New Orleans-05-084] (RIN: 1625-AA00) received 5664. A letter from the Attorney Advisor, Solomon P. Ortiz, William L. Owens, Frank January 7, 2010, pursuant to 5 U.S.C. Department of Homeland Security, transmit- Pallone Jr., Bill Pascrell Jr., Ed Pastor, Ron 801(a)(1)(A); to the Committee on Transpor- ting the Department’s final rule — Safety Paul, Erik Paulsen, Donald M. Payne, Nancy tation and Infrastructure. Zone; Lower Mississippi River, Above Head Pelosi, Mike Pence, Ed Perlmutter, Thomas 5655. A letter from the Attorney Advisor, of Passes, Mile Marker 293 to Mile Marker S. P. Perriello, Gary C. Peters, Collin C. Pe- Department of Homeland Security, transmit- 300, Angola, LA [COTP New Orleans-05-055] terson, Thomas E. Petri, Pedro R. Pierluisi, ting the Department’s final rule — Safety (RIN: 1625-AA00) received January 7, 2010, Chellie Pingree, Joseph R. Pitts, Todd Rus- Zone; Lower Mississippi River, Mile Marker pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- sell Platts, Ted Poe, Jared Polis, Earl Pom- 87.5 to Mile Marker 88.5, in the vicinity of mittee on Transportation and Infrastruc- eroy, Bill Posey, David E. Price, Tom Price, the Algiers Canal, New Orleans, LA [COTP ture. Adam H. Putnam, Mike Quigley, George New Orleans-05-086] (RIN: 1625-AA00) received 5665. A letter from the Attorney Advisor, Radanovich, Nick J. Rahall II, Charles B. January 7, 2010, pursuant to 5 U.S.C. Department of Homeland Security, transmit- Rangel, Denny Rehberg, David G. Reichert, 801(a)(1)(A); to the Committee on Transpor- ting the Department’s final rule — Safety Silvestre Reyes, Laura Richardson, Ciro D. tation and Infrastructure. Zone; Oachita River, Mile Marker 31 to Mile Rodriguez, David P. Roe, Harold Rogers, 5656. A letter from the Attorney Advisor, Marker 33, Jonesville, LA [COTP New Orle- Mike Rogers (AL-03), Mike Rogers (MI-08), Department of Homeland Security, transmit- ans-05-057] (RIN: 1625-AA00) received January Dana Rohrabacher, Thomas J. Rooney, Peter ting the Department’s final rule — Safety 7, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to J. Roskam, Ileana Ros-Lehtinen, Mike Ross, Zone; Lower Mississippi River, Mile Marker the Committee on Transportation and Infra- Steven R. Rothman, Lucille Roybal-Allard, Minus 20 to Mile Marker 1.5, Pilottown, LA structure. Edward R. Royce, C.A. Dutch Ruppersberger, [COTP New Orleans-05-087] (RIN: 1625-AA00) 5666. A letter from the Attorney Advisor, Bobby L. Rush, Paul Ryan, Tim Ryan, received January 7, 2010, pursuant to 5 U.S.C. Department of Homeland Security, transmit- Gregorio Sablan, John T. Salazar, Linda T. 801(a)(1)(A); to the Committee on Transpor- ting the Department’s final rule — Safety Sa´ nchez, Loretta Sanchez, John P. Sarbanes, tation and Infrastructure. Zone; Lower Mississippi River, Mile Marker Steve Scalise, Janice D. Schakowsky, Mark 5657. A letter from the Attorney Advisor, 406.0 to Mile Marker 363.0, Claiborne County Schauer, Adam B. Schiff, Jean Schmidt, Department of Homeland Security, transmit- Port, MS to the Natchez Front, Natchez, MS Aaron Schock, Kurt Schrader, Allyson Y. ting the Department’s final rule — Safety [COTP New Orleans-05-080] (RIN: 1625-AA00) Schwartz, David Scott, Robert C. ‘‘Bobby’’ Zone; Lower Mississippi River, Above Head received January 7, 2010, pursuant to 5 U.S.C. Scott, F. James Sensenbrenner Jr., Jose E. of Passes, Mile Marker 229 to Mile Marker 801(a)(1)(A); to the Committee on Transpor- Serrano, Pete Sessions, Joe Sestak, John B. 229.8, in the vicinity of U.S.S. KIDD, Baton tation and Infrastructure. Shadegg, Carol Shea-Porter, Brad Sherman, Rouge, LA [COTP New Orleans-05-088] (RIN: 5667. A letter from the Attorney Advisor, John Shimkus, Heath Shuler, Bill Shuster, 1625-AA00) received January 7, 2010, pursuant Department of Homeland Security, transmit- Michael K. Simpson, Albio Sires, Ike Skel- to 5 U.S.C. 801(a)(1)(A); to the Committee on ting the Department’s final rule — Safety ton, Louise McIntosh Slaughter, Adam Transportation and Infrastructure. Zone; Lower Mississippi River, Mile Marker Smith, Adrian Smith, Christopher H. Smith, 5658. A letter from the Attorney Advisor, 367.0 to Mile Marker 363.5, in the vicinity of Lamar Smith, Vic Snyder, Hilda L. Solis*, Department of Homeland Security, transmit- the Natchez Front, Natchez, MS [COTP New

VerDate Nov 24 2008 02:50 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\A21JA7.020 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE January 21, 2010 CONGRESSIONAL RECORD — HOUSE H325 Orleans-05-081] (RIN: 1625-AA00) received January 7, 2010, pursuant to 5 U.S.C. ting the Department’s final rule — Safety January 7, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- Zone; Morgan City Port Allen Route Intra- 801(a)(1)(A); to the Committee on Transpor- tation and Infrastructure. coastal Waterway Canal, Mile Marker 49 to tation and Infrastructure. 5678. A letter from the Attorney Advisor, Mile Marker 51, in the vicinity of Bayou 5668. A letter from the Attorney Advisor, Department of Homeland Security, transmit- Grosse Tete, Plaqueine, LA [COTP New Orle- Department of Homeland Security, transmit- ting the Department’s final rule — Safety ans-05-056] (RIN: 1625-AA00) received January ting the Department’s final rule — Safety Zone; West Cote Blanche Bay, 1 mile radius 7, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to Zone; Lower Mississippi River, Mile Marker from a point North 29 degrees, 37 minutes, 8 the Committee on Transportation and Infra- 363.0 to Mile Marker 365.0, in the vicinity of seconds by West 91 degrees, 47 minutes, 12 structure. the Vidalia Bridge, Highway 84, Natchez, MS seconds [COTP Morgan City-06-007] (RIN: 5687. A letter from the Chief, Publications [COTP New Orleans-05-082] (RIN: 1625-AA00) 1625-AA00) received January 7, 2010, pursuant and Regulations, Internal Revenue Service, received January 7, 2010, pursuant to 5 U.S.C. to 5 U.S.C. 801(a)(1)(A); to the Committee on transmitting the Service’s final rule — 2009 801(a)(1)(A); to the Committee on Transpor- Transportation and Infrastructure. base period T-bill rate (Rev. Rul. 2009-36) re- tation and Infrastructure. 5679. A letter from the Attorney Advisor, ceived December 14, 2009, pursuant to 5 5669. A letter from the Attorney Advisor, Department of Homeland Security, transmit- U.S.C. 801(a)(1)(A); to the Committee on Department of Homeland Security, transmit- ting the Department’s final rule — Safety Ways and Means. ting the Department’s final rule — Safety Zone; 200 yards east to 200 yards west of the f Zone; Lower Mississippi River, Mile Marker Lewis Street Swing Brige at MM52.5 Bayou 363.0 to Mile Marker 365.0, in the vicinity of Teche, New Iberia, Louisiana, bank to bank PUBLIC BILLS AND RESOLUTIONS the Vidalia Bridge, Highway 84, Natchez, MS [COTP Morgan City-07-007] (RIN: 1625-AA00) Under clause 2 of rule XII, public [COTP New Orleans-05-083] (RIN: 1625-AA00) received January 7, 2010, pursuant to 5 U.S.C. bills and resolutions of the following received January 7, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- titles were introduced and severally re- 801(a)(1)(A); to the Committee on Transpor- tation and Infrastructure. ferred, as follows: tation and Infrastructure. 5680. A letter from the Attorney Advisor, 5670. A letter from the Attorney Advisor, Department of Homeland Securtiy, transmit- By Mr. CHAFFETZ: H.R. 4484. A bill to preclude individuals Department of Homeland Security, transmit- ting the Department’s final rule — Safety who have a pending charge or have been con- ting the Department’s final rule — Safety Zone; Lower Mississippi River, Mile Marker victed of a crime from serving as enumera- Zone; Pensacola Bay FL. Fort Pickens, ICW 87.5 to Mile Marker 88.5, in the vicinity of tors for the collection of census data; to the the Algiers Canal, New Orleans, LA [COTP Mile 180 to Mile 182 [COTP Mobile-07-010] Committee on Oversight and Government New Orleans-05-085] (RIN: 1625-AA00) received (RIN: 1625-AA00) received January 7, 2010, Reform. January 7, 2010, pursuant to 5 U.S.C. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- By Mr. HALL of Texas: mittee on Transportation and Infrastruc- 801(a)(1)(A); to the Committee on Transpor- H.R. 4485. A bill to require transfer of the ture. tation and Infrastructure. 1002 Area of Alaska to the State of Alaska, 5671. A letter from the Attorney Advisor, 5681. A letter from the Program Analyst, and for other purposes; to the Committee on Department of Homeland Security, transmit- Department of Transportation, transmitting Natural Resources, and in addition to the ting the Department’s final rule — Safety the Department’s final rule — Revocation of Committee on Foreign Affairs, for a period Zone; Pensacola Bay FL. Bayou Chico [COTP Class E Airspace; Hinesville, GA [Docket to be subsequently determined by the Speak- Mobile-07-011] (RIN: 1625-AA00) received Jan- No.: FAA-2009-0960; Airspace Docket No. 09- er, in each case for consideration of such pro- uary 7, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); ASO-29] received December 14, 2009, pursuant visions as fall within the jurisdiction of the to the Committee on Transportation and In- to 5 U.S.C. 801(a)(1)(A); to the Committee on committee concerned. frastructure. Transportation and Infrastructure. By Mr. HODES (for himself, Ms. 5672. A letter from the Attorney Advisor, 5682. A letter from the Program Analyst, SLAUGHTER, Ms. SHEA-PORTER, Mr. Department of Homeland Security, transmit- Department of Transportation, transmitting MOLLOHAN, Mr. RAHALL, Mr. TIERNEY, ting the Department’s final rule — Safety the Department’s final rule — Airworthiness Mr. WELCH, Mr. VAN HOLLEN, Mr. Zone; Bayou Casotte Harbor, Pascagoula, MS Directives; AVOX Systems and B/E Aero- ELLISON, Ms. PINGREE of Maine, Mr. [COTP Mobile-07-015] (RIN: 1625-AA00) re- space Oxygen Cylinder Assemblies, as In- MICHAUD, Ms. SUTTON, Mr. OBERSTAR, ceived January 7, 2010, pursuant to 5 U.S.C. stalled on Various Transport Airplanes Mr. WALZ, Ms. SCHAKOWSKY, Ms. KAP- 801(a)(1)(A); to the Committee on Transpor- [Docket No.: FAA-2009-0915; Directorate TUR, Mr. MASSA, Mr. PETERSON, Ms. tation and Infrastructure. Identifier 2009-NM-224-AD; Amendment 39- MCCOLLUM, Mr. DEFAZIO, Mr. KAGEN, 5673. A letter from the Attorney Advisor, 16049; AD 2009-21-10] (RIN: 2120-AA64) received and Mr. COSTELLO): Department of Homeland Security, transmit- December 14, 2009, pursuant to 5 U.S.C. H.R. 4486. A bill to amend the Internal Rev- ting the Department’s final rule — Safety 801(a)(1)(A); to the Committee on Transpor- enue Code of 1986 to treat distributions of Zone; Gulf of Mexico, Santa Rosa Island, FL tation and Infrastructure. debt securities in a tax free spin-off trans- [COTP Mobile-07-016] (RIN: 1625-AA00) re- 5683. A letter from the Program Analyst, action in the same manner as distributions ceived January 7, 2010, pursuant to 5 U.S.C. Department of Transportation, transmitting of cash or other property; to the Committee 801(a)(1)(A); to the Committee on Transpor- the Department’s final rule — Airworthiness on Ways and Means. tation and Infrastructure. Directives; Vulcanair S.p.A. Modles P 68, P By Mr. GRAYSON: 5674. A letter from the Attorney Advisor, 68B, P68C, P 68C-TC, and P 68 ‘‘OBSERVER’’ H.R. 4487. A bill to require the approval of Department of Homeland Security, transmit- Airplanes [Docket No.: FAA-2009-0869; Direc- a majority of a public company’s share- ting the Department’s final rule — Safety torate Identifier 2009-CE-043-AD; Amendment holders for any expenditure by that company Zone; Santa Rosa Sound, Pensacola Beach, 39-16090; AD 2009-24-03] (RIN: 2120-AA64) re- to influence public opinion on matters not FL [COTP Mobile-07-017] (RIN: 1625-AA00) re- ceived December 14, 2009, pursuant to 5 related to the company’s products or serv- ceived January 7, 2010, pursuant to 5 U.S.C. U.S.C. 801(a)(1)(A); to the Committee on ices; to the Committee on Financial Serv- 801(a)(1)(A); to the Committee on Transpor- Transportation and Infrastructure. ices. tation and Infrastructure. 5684. A letter from the Program Analyst, By Mr. FILNER (for himself, Mr. FARR, 5675. A letter from the Attorney Advisor, Department of Transportation, transmitting and Mr. GALLEGLY): Department of Homeland Security, transmit- the Department’s final rule — Airworthiness H.R. 4488. A bill to implement updated pay ting the Department’s final rule — Safety Directives; Thielert Aircrafter Engines and personnel policies in order to improve Zone; HWY 90 Bridge, Biloxi/Ocean Springs, GmbH (TAE) Model TAE 125-01 Recipro- the recruitment and retention of qualified MS [COTP Mobile-07-020] (RIN: 1625-AA00) re- cating Engines [Docket No.: FAA-2009-0753; Federal wildland firefighters and to reduce ceived January 7, 2010, pursuant to 5 U.S.C. Directorate Identifer 2009-NE-31-AD; Amend- the Government’s reliance on the more cost- 801(a)(1)(A); to the Committee on Transpor- ment 39-16102; AD 2009-24-10] (RIN: 2120-AA64) ly services of non-Federal wildfire resources; tation and Infrastructure. received December 14, 2009, pursuant to 5 to the Committee on Oversight and Govern- 5676. A letter from the Attorney Advisor, U.S.C. 801(a)(1)(A); to the Committee on ment Reform, and in addition to the Com- Department of Homeland Security, transmit- Transportation and Infrastructure. mittees on Natural Resources, Agriculture, ting the Department’s final rule — Safety 5685. A letter from the Program Analyst, and Armed Services, for a period to be subse- Zone; Gulf Intracoastal Waterway from Department of Transportation, transmitting quently determined by the Speaker, in each MM170.5 to MM171.5 bank to bank [COTP the Department’s final rule — Airworthiness case for consideration of such provisions as Morgan City-06-001] (RIN: 1625-AA00) received Directives; Empresa Brasileira De fall within the jurisdiction of the committee January 7, 2010, pursuant to 5 U.S.C. Aeronautica S.A. (EMBRAER) Model EMB- concerned. 801(a)(1)(A); to the Committee on Transpor- 500 Airplanes [Docket No.: FAA-2009-0870; Di- By Mr. LYNCH (for himself, Mr. tation and Infrastructure. rectorate Identifier 2009-CE-049-AD; Amend- CONNOLLY of Virginia, and Mr. 5677. A letter from the Attorney Advisor, ment 39-16108; AD 2009-24-14] (RIN: 2120-AA64) CUMMINGS): Department of Homeland Security, transmit- received December 14, 2009, pursuant to 5 H.R. 4489. A bill to amend chapter 89 of ting the Department’s final rule — Safety U.S.C. 801(a)(1)(A); to the Committee on title 5, United States Code, to ensure pro- Zone; Gulf Intracoastal Waterway from Transportation and Infrastructure. gram integrity, transparency, and cost sav- MM65.0 to MM67.0, bank to bank [COTP Mor- 5686. A letter from the Attorney Advisor, ings in the pricing and contracting of pre- gan City-06-006] (RIN: 1625-AA00) received Department of Homeland Security, transmit- scription drug benefits under the Federal

VerDate Nov 24 2008 01:31 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\L21JA7.000 H21JAPT1 jbell on DSKDVH8Z91PROD with HOUSE H326 CONGRESSIONAL RECORD — HOUSE January 21, 2010 Employees Health Benefits Program; to the By Ms. GIFFORDS (for herself, Mrs. By Mr. BOSWELL: Committee on Oversight and Government KIRKPATRICK of Arizona, Mr. PASTOR H.J. Res. 68. A joint resolution proposing Reform. of Arizona, Mr. GRIJALVA, Mr. MITCH- an amendment to the Constitution of the By Mr. MCKEON (for himself, Mr. WIL- ELL, Mr. FRANKS of Arizona, Mr. United States prohibiting corporations and SON of South Carolina, Mr. WITTMAN, FLAKE, and Mr. SHADEGG): labor organizations from using operating Mr. AKIN, Mr. FRANKS of Arizona, Mr. H.R. 4495. A bill to designate the facility of funds for advertisements in connection with FORBES, Mr. ROGERS of Alabama, the United States Postal Service located at any campaign for election for Federal office; Mrs. MCMORRIS RODGERS, Mr. SHU- 100 North Taylor Lane in Patagonia, Ari- to the Committee on the Judiciary. STER, Mr. PLATTS, Mr. LOBIONDO, Mr. zona, as the ‘‘Jim Kolbe Post Office’’; to the By Mr. HOEKSTRA: KLINE of Minnesota, Mr. BISHOP of Committee on Oversight and Government H.J. Res. 69. A joint resolution proposing Utah, Mr. TURNER, Mr. CONAWAY, Mr. Reform. an amendment to the Constitution of the ROONEY, Mr. HUNTER, Ms. FALLIN, By Mr. GRAVES (for himself, Mr. United States to give citizens of the United Mr. LAMBORN, Mr. THORNBERRY, Mr. BARTLETT, Mr. LUETKEMEYER, Mr. States the right to enact and repeal laws by JONES, Mr. MILLER of Florida, Mr. BUCHANAN, Mr. AKIN, and Mr. voting on legislation in a national election; FLEMING, Mr. COFFMAN of Colorado, SCHOCK): to the Committee on the Judiciary. Mr. BOEHNER, Mr. CARTER, Mr. SMITH H.R. 4496. A bill to ensure that small busi- By Mr. HOEKSTRA: of Texas, Mr. HOEKSTRA, Mr. GINGREY nesses have their fair share of Federal pro- H.J. Res. 70. A joint resolution proposing of Georgia, Ms. ROS-LEHTINEN, Mr. curement opportunities, and for other pur- an amendment to the Constitution of the KING of New York, Mr. CANTOR, Mrs. poses; to the Committee on Small Business, United States to give citizens of the United MILLER of Michigan, and Mr. MCCAR- and in addition to the Committees on Over- States the right to propose amendments to THY of California): sight and Government Reform, and the Judi- the Constitution by an initiative process; to H.R. 4490. A bill to require the President to ciary, for a period to be subsequently deter- the Committee on the Judiciary. submit certain certifications to Congress be- mined by the Speaker, in each case for con- By Mr. HOEKSTRA: fore transferring or releasing an individual sideration of such provisions as fall within H.J. Res. 71. A joint resolution proposing detained at Naval Station, Guantanamo Bay, the jurisdiction of the committee concerned. an amendment to the Constitution of the Cuba, to the custody of another country; to By Mr. HASTINGS of Florida (for him- United States to give citizens of the United the Committee on Armed Services. self, Mrs. CHRISTENSEN, Mr. States the right to recall elected officials; to By Ms. SPEIER (for herself, Mr. CLAY, GRIJALVA, Ms. BORDALLO, and Mr. the Committee on the Judiciary. Ms. LEE of California, Ms. JACKSON BROWN of South Carolina): By Ms. GRANGER (for herself, Mrs. LEE of Texas, Mr. ABERCROMBIE, Mr. H.R. 4497. A bill to expand the workforce of BLACKBURN, Mr. CARTER, Mrs. BACA, Ms. BERKLEY, Mr. BISHOP of veterinarians specialized in the care and con- MYRICK, Mr. BURTON of Indiana, Mr. Georgia, Ms. BORDALLO, Ms. CORRINE servation of wild animals and their eco- BROUN of Georgia, Mr. MARCHANT, BROWN of Florida, Mr. BUTTERFIELD, systems, and to develop educational pro- Mr. WOLF, and Mr. MCCAUL): Mrs. CHRISTENSEN, Ms. CLARKE, Mr. grams focused on wildlife and zoological vet- H. Res. 1025. A resolution expressing the CLYBURN, Mr. COHEN, Mr. CONYERS, erinary medicine; to the Committee on Agri- support of the House of Representatives for Mr. COSTA, Mr. CUMMINGS, Mr. DAVIS culture, and in addition to the Committees members of the Armed Forces who fight ter- of Alabama, Mr. DAVIS of Illinois, Ms. on Natural Resources, and Ways and Means, rorism and the sense of the House of Rep- EDWARDS of Maryland, Mr. ELLISON, for a period to be subsequently determined resentatives that the United States Govern- Mr. FARR, Mr. FATTAH, Mr. FILNER, by the Speaker, in each case for consider- ment should pay for the legal expenses of Ms. FUDGE, Mr. AL GREEN of Texas, ation of such provisions as fall within the ju- members of the Armed Forces who are ac- Mr. GRIJALVA, Mr. HASTINGS of Flor- risdiction of the committee concerned. cused of committing crimes related to the ida, Mr. HONDA, Mr. LEWIS of Geor- By Mr. HOEKSTRA: treatment of a suspected terrorist, if the gia, Ms. MATSUI, Mr. MCGOVERN, Mr. H.R. 4498. A bill to permit voters to vote member is acquitted or the charges are MEEK of Florida, Mr. MEEKS of New for ‘‘None of the Above’’ in elections for Fed- dropped; to the Committee on Armed Serv- York, Mr. GEORGE MILLER of Cali- eral office and to require an additional elec- ices. fornia, Ms. MOORE of Wisconsin, Mrs. tion if ‘‘None of the Above’’ receives the By Mr. CHAFFETZ (for himself, Mr. NAPOLITANO, Ms. NORTON, Mr. PAYNE, most votes; to the Committee on House Ad- HUNTER, Mr. KRATOVIL, Mr. NYE, Mr. Mr. RANGEL, Ms. RICHARDSON, Mr. ministration. FLEMING, Mrs. LUMMIS, Mr. COFFMAN RODRIGUEZ, Ms. ROYBAL-ALLARD, Mr. By Mr. HOEKSTRA: of Colorado, Mr. MCCLINTOCK, Mr. RUSH, Mr. SCOTT of Virginia, Mr. H.R. 4499. A bill to provide that the voters POSEY, Mr. ROE of Tennessee, Mr. SESTAK, Mr. SNYDER, Mr. THOMPSON of the United States be given the right, HARPER, Ms. JENKINS, Mr. BARROW, of Mississippi, Mr. THOMPSON of Cali- through advisory voter initiative, to propose Mr. BRIGHT, Mr. LUETKEMEYER, Mr. fornia, Mr. TOWNS, Ms. WATSON, and the enactment and repeal of Federal laws in OLSON, Mr. TAYLOR, Mr. PATRICK J. Ms. ZOE LOFGREN of California): a national election; to the Committee on MURPHY of Pennsylvania, Mr. MCIN- H.R. 4491. A bill to authorize the Secretary House Administration, and in addition to the TYRE, Mr. KAGEN, Mr. SHULER, and of the Interior to conduct a study of alter- Committee on Rules, for a period to be sub- Mr. CHILDERS): natives for commemorating and interpreting sequently determined by the Speaker, in H. Res. 1026. A resolution expressing the the role of the Buffalo Soldiers in the early each case for consideration of such provi- sense of the House of Representatives that years of the National Parks, and for other sions as fall within the jurisdiction of the purposes; to the Committee on Natural Re- the continued peace, prosperity, liberty, and committee concerned. sources. national security of the United States and By Mr. MCCOTTER: By Mr. BILIRAKIS: its people depend upon the rule of law and H.R. 4492. A bill to amend the Homeland H.R. 4500. A bill to rescind unobligated ap- credible and effective immigration enforce- Security Act of 2002 to ensure continuation propriations and repeal certain health care- ment policies which both welcome lawful im- of the Metropolitan Medical Response Sys- related provisions in the American Recovery migrants and non-immigrants and also pre- tem Program, and for other purposes; to the and Reinvestment Act of 2009 for purposes of vent the unlawful entry or unlawful con- Committee on Energy and Commerce, and in reducing the national debt; to the Com- tinuing presence of foreign persons; to the addition to the Committee on Homeland Se- mittee on Appropriations, and in addition to Committee on the Judiciary, and in addition curity, for a period to be subsequently deter- the Committees on Energy and Commerce, to the Committees on Education and Labor, mined by the Speaker, in each case for con- and Science and Technology, for a period to and Homeland Security, for a period to be sideration of such provisions as fall within be subsequently determined by the Speaker, subsequently determined by the Speaker, in the jurisdiction of the committee concerned. in each case for consideration of such provi- each case for consideration of such provi- By Ms. BORDALLO (for herself, Mr. sions as fall within the jurisdiction of the sions as fall within the jurisdiction of the ABERCROMBIE, Mr. FALEOMAVAEGA, committee concerned. committee concerned. Mr. FARR, Mrs. CHRISTENSEN, Mrs. By Mr. WEINER: By Mr. SABLAN (for himself, Mr. CAPPS, and Mr. HONDA): H.R. 4501. A bill to require certain return FARR, and Ms. BORDALLO): H.R. 4493. A bill to provide for the enhance- policies from businesses that purchase pre- H. Res. 1027. A resolution recognizing the ment of visitor services, fish and wildlife re- cious metals from consumers and solicit 50th anniversary of the historic dive to the search, and marine and coastal resource such transactions through an Internet Challenger Deep in the Mariana Trench, the management on Guam related to the Mari- website; to the Committee on Energy and deepest point in the world’s oceans, on Janu- anas Trench Marine National Monument, Commerce. ary 23, 1960, and its importance to marine re- and for other purposes; to the Committee on By Mr. HALL of Texas: search, ocean science, a better understanding Natural Resources. H.J. Res. 67. A joint resolution proposing of the planet, and the future of human explo- By Mr. DAVIS of Illinois: an amendment to the Constitution of the ration; to the Committee on Science and H.R. 4494. A bill to amend the Internal Rev- United States to limit the number of con- Technology. enue Code of 1986 to allow a credit for light- secutive terms that a Member of Congress By Mr. SULLIVAN (for himself, Mr. weight coal freight cars; to the Committee may serve; to the Committee on the Judici- BOREN, Mr. LUCAS, Ms. FALLIN, and on Ways and Means. ary. Mr. COLE):

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H. Res. 1028. A resolution honoring the life By Mr. SESTAK (for himself, Mr. H.R. 3662: Mr. DOGGETT. and achievements of Oral Roberts and recog- BRADY of Pennsylvania, Mr. FATTAH, H.R. 3695: Mr. CONYERS and Ms. WATERS. nizing his contributions as a minister to the Mr. GERLACH, Mr. PATRICK J. MURPHY H.R. 3701: Mr. WEINER. Christian community; to the Committee on of Pennsylvania, Ms. SCHWARTZ, and H.R. 3721: Mr. FRANK of Massachusetts. Oversight and Government Reform. Mr. PITTS): H.R. 3734: Ms. BORDALLO, Ms. ZOE LOFGREN By Ms. LINDA T. SA´ NCHEZ of Cali- H. Res. 1035. A resolution honoring of California, and Mr. PRICE of North Caro- fornia (for herself, Mr. EHLERS, Mr. Villanova University for winning the 2009 lina. BARTLETT, Mr. BERMAN, Mrs. National Collegiate Athletic Association H.R. 3764: Ms. ZOE LOFGREN of California. BIGGERT, Mr. BLUMENAUER, Ms. championships in Division I women’s cross H.R. 3790: Mr. ROONEY and Mr. BOEHNER. BORDALLO, Mr. BRADY of Pennsyl- country and Football Championship Subdivi- H.R. 3943: Mr. LOBIONDO, Mr. ROONEY, Mr. vania, Mr. BRALEY of Iowa, Mr. CAS- sion (formerly I-AA) and for other accom- WAMP, Mr. KENNEDY, Mr. GUTIERREZ, and Mr. TLE, Mr. COURTNEY, Mr. DOYLE, Mrs. plishments; to the Committee on Education TEAGUE. EMERSON, Mr. FARR, Mr. GONZALEZ, and Labor. H.R. 3995: Mr. FILNER. Mr. GRIJALVA, Mr. HOLT, Mr. ISRAEL, H.R. 4051: Mr. PLATTS, Ms. PINGREE of f Mr. LANCE, Mr. LANGEVIN, Mr. Maine, Mr. BRADY of Pennsylvania, Mr. TIM LARSON of Connecticut, Ms. LEE of ADDITIONAL SPONSORS MURPHY of Pennsylvania, Mr. GERLACH, Mr. California, Mr. LOEBSACK, Mr. MAN- Under clause 7 of rule XII, sponsors ROSS, Mr. ALTMIRE, and Mr. WITTMAN. ZULLO, Mrs. MILLER of Michigan, Mr. H.R. 4088: Mr. LIPINSKI, Mr. SESTAK, Mr. MOORE of Kansas, Mr. PASCRELL, Mr. were added to public bills and resolu- SMITH of Washington, and Mr. MANZULLO. PETRI, Mr. RODRIGUEZ, Mr. RYAN of tions as follows: H.R. 4115: Mr. WATT, Mr. BACA, Mr. Ohio, Ms. LORETTA SANCHEZ of Cali- H.R. 227: Mrs. MYRICK, Mr. DAVIS of Ken- SCHAUER, and Ms. BALDWIN. fornia, Ms. SCHWARTZ, Mr. SIRES, Mr. tucky, Mr. CHAFFETZ, and Ms. FOXX. H.R. 4116: Ms. TITUS, Mr. CARNAHAN, Ms. SKELTON, Ms. SUTTON, Mr. TOWNS, H.R. 272: Mr. GARY G. MILLER of California. BALDWIN, Mr. COHEN, Mrs. MALONEY, Mrs. Mr. UPTON, and Mr. YARMUTH): H.R. 413: Ms. DELAURO, Mr. YARMUTH, Mr. CAPITO, Mrs. EMERSON, Ms. FALLIN, Ms. H. Res. 1029. A resolution expressing sup- SIRES, and Mr. GONZALEZ. GINNY BROWN-WAITE of Florida, Ms. ROS- port for designation of the week of February H.R. 417: Ms. JACKSON LEE of Texas and Mr. LEHTINEN, and Mr. WELCH. 1 through February 5, 2010, as ‘‘National SERRANO. H.R. 4126: Ms. DELAURO. School Counseling Week’’; to the Committee H.R. 450: Mr. BACHUS. H.R. 4138: Mr. YOUNG of Alaska. on Education and Labor. H.R. 460: Mr. CONNOLLY of Virginia. H.R. 4144: Mr. ISRAEL. By Mr. PLATTS: H.R. 571: Mr. ORTIZ. H.R. 4153: Mr. CAO. H. Res. 1030. A resolution congratulating H.R. 706: Mr. CALVERT. H.R. 4190: Ms. NORTON. Messiah College men’s and women’s soccer H.R. 775: Mr. SCHAUER, Mr. YARMUTH, Mr. H.R. 4236: Mr. PERRIELLO. teams on winning the 2009 NCAA Division III CHANDLER, Mr. HOEKSTRA, and Mr. OWENS. H.R. 4255: Mr. EDWARDS of Texas, Mr. national championships; to the Committee H.R. 847: Mr. DAVIS of Illinois. SCHAUER, and Mr. MARSHALL. on Education and Labor. H.R. 881: Mr. BOEHNER. H.R. 4260: Mr. KENNEDY. By Mr. CONYERS (for himself, Mr. H.R. 893: Mr. ELLISON. H.R. 4262: Mr. FORBES. SMITH of Texas, Mr. SCHIFF, Mr. H.R. 1067: Ms. BORDALLO. H.R. 4268: Ms. VELA´ ZQUEZ, Mr. OLVER, and GOODLATTE, Ms. JACKSON LEE of H.R. 1136: Mrs. LUMMIS. Mr. SERRANO. Texas, Mr. SENSENBRENNER, Mr. H.R. 1158: Mr. LARSEN of Washington. H.R. 4287: Mr. SIRES. DELAHUNT, Mr. DANIEL E. LUNGREN of H.R. 1165: Mr. CONYERS. H.R. 4309: Mrs. DAHLKEMPER. California, Mr. COHEN, Mr. FORBES, H.R. 1378: Mr. ISRAEL. H.R. 4324: Ms. GINNY BROWN-WAITE of Flor- Mr. JOHNSON of Georgia, Mr. H.R. 1413: Mr. FILNER. ida. GOHMERT, Mr. PIERLUISI, and Mr. H.R. 1526: Mr. CLEAVER, Mr. CARTER, and H.R. 4333: Mr. MCGOVERN, Mr. CARNAHAN, GONZALEZ): Mrs. CAPPS. Mr. JACKSON of Illinois, Ms. FUDGE, Ms. H. Res. 1031. A resolution impeaching G. H.R. 1549: Mr. WU, Mr. CONYERS, Mr. SIRES, DEGETTE, Mr. FILNER, Ms. ROS-LEHTINEN, Thomas Porteous, Jr., judge of the United and Mr. REYES. Ms. KILPATRICK of Michigan, Mr. BRALEY of States District Court for the Eastern Dis- H.R. 1552: Mr. COURTNEY. Iowa, Mr. PLATTS, Mr. KILDEE, and Mr. trict of Louisiana, for high crimes and mis- H.R. 1557: Ms. SHEA-PORTER. SESTAK. demeanors; to the Committee on the Judici- H.R. 1585: Mr. GERLACH and Mr. TIM MUR- H.R. 4348: Mr. WOLF. ary. PHY of Pennsylvania. H.R. 4353: Mrs. MALONEY, Mr. JACKSON of By Ms. CHU: H.R. 1619: Ms. TITUS. Illinois, Ms. BERKLEY, Ms. JACKSON-LEE of ERRIELLO H. Res. 1032. A resolution expressing the H.R. 1646: Mr. P . Texas, and Mr. BRADY of Texas. sense of the House of Representatives that H.R. 1677: Mr. COSTA and Mr. KAGEN. H.R. 4354: Ms. BORDALLO. the United States should continue to assist H.R. 1702: Ms. WOOLSEY and Mr. BRALEY of H.R. 4371: Mr. RAHALL, Mr. ACKERMAN, Mr. the Mexican Government in fighting the Iowa. REYES, Mr. FORBES, Mr. YOUNG of Florida, drug cartels and curbing violence against H.R. 1806: Mr. GUTIERREZ. Mr. GOODLATTE, and Mr. DELAHUNT. Mexican and United States citizens, both in H.R. 2054: Ms. ESHOO and Ms. SUTTON. H.R. 4393: Mr. LUJA´ N and Mr. MICHAUD. the United States and abroad; to the Com- H.R. 2118: Mr. MANZULLO. H.R. 4400: Mr. BUTTERFIELD, Mr. EDWARDS mittee on Foreign Affairs. H.R. 2138: Mr. LUJA´ N and Mr. LATHAM. of Texas, and Mr. MCINTYRE. By Mr. REICHERT (for himself, Mr. H.R. 2324: Mr. CAPUANO and Ms. RICHARD- H.R. 4413: Mr. PATRICK J. MURPHY of Penn- GERLACH, and Mr. BACHUS): SON. sylvania. H. Res. 1033. A resolution expressing sup- H.R. 2397: Mr. ROONEY. H.R. 4415: Mr. KINGSTON, Mr. BROUN of port for designation of April 2010 as ‘‘Na- H.R. 2429: Mr. CUMMINGS. Georgia, Mr. GERLACH, Mr. LATTA, and Mr. tional Autism Awareness Month’’ and sup- H.R. 2478: Mr. HEINRICH, Mr. PERRIELLO, COLE. porting efforts to devote new resources to re- and Mr. QUIGLEY. H.R. 4426: Mr. GRIJALVA, Mr. OBEY, Mr. search into the causes and treatment of au- H.R. 2492: Ms. TITUS. CAPUANO, Mr. BOSWELL, Mr. LOEBSACK, Mr. tism and to improve training and support for H.R. 2520: Mr. ROHRABACHER. ELLISON, Mr. MORAN of Virginia, Ms. LEE of individuals with autism and those who care H.R. 2546: Ms. BORDALLO. California, Ms. WOOLSEY, Mr. LIPINSKI, Ms. for individuals with autism; to the Com- H.R. 2567: Ms. CLARKE and Mr. MICHAUD. mittee on Energy and Commerce, and in ad- H.R. 2584: Mr. GONZALEZ. RICHARDSON, Ms. CASTOR of Florida, Mr. dition to the Committee on Education and H.R. 2608: Mr. WOLF. HALL of New York, Ms. SHEA-PORTER, Ms. Labor, for a period to be subsequently deter- H.R. 2672: Ms. BORDALLO. ZOE LOFGREN of California, Ms. KAPTUR, Mrs. mined by the Speaker, in each case for con- H.R. 2676: Mr. MANZULLO. DAVIS of California, Mr. CONYERS, Mr. sideration of such provisions as fall within H.R. 2698: Mr. SARBANES. GUTIERREZ, Ms. JACKSON-LEE of Texas, Mr. the jurisdiction of the committee concerned. H.R. 2699: Mr. SARBANES. INSLEE, Mr. FALEOMAVAEGA, Mr. DINGELL, By Mr. SARBANES (for himself, Mr. H.R. 2849: Mr. COURTNEY. Mr. JOHNSON of Georgia, Mr. CONNOLLY of ALEXANDER, Mr. LEWIS of Georgia, H.R. 2850: Mrs. MALONEY. Virginia, Mr. OLVER, Ms. EDWARDS of Mary- Mr. SESSIONS, Mr. HARE, Ms. H.R. 2927: Ms. LINDA T. SA´ NCHEZ of Cali- land, and Mr. LARSON of Connecticut. WASSERMAN SCHULTZ, Mr. ROTHMAN fornia. H.R. 4427: Mr. WITTMAN, Mr. MILLER of of New Jersey, Mr. BISHOP of Georgia, H.R. 2964: Mr. KISSELL. Florida, and Mr. MICHAUD. Mr. PLATTS, Mr. RYAN of Ohio, Mr. H.R. 3024: Mr. BOUCHER. H.R. 4428: Mr. WEINER, Ms. LEE of Cali- GRIJALVA, Mr. JACKSON of Illinois, H.R. 3077: Mr. FATTAH. fornia, and Mr. GRIJALVA. Mr. FILNER, Mr. RAHALL, Ms. ROS- H.R. 3190: Ms. JACKSON LEE of Texas. H.R. 4459: Mr. SENSENBRENNER. LEHTINEN, Mr. BOUSTANY, and Mr. H.R. 3202: Mr. DELAHUNT. H.R. 4463: Mr. POSEY, Mr. MARIO DIAZ- KINGSTON): H.R. 3420: Mr. LUJA´ N. BALART of Florida, Mr. STEARNS, Mr. COBLE, H. Res. 1034. A resolution expressing sup- H.R. 3613: Mr. SCALISE. Mr. MILLER of Florida, Mr. ROGERS of Michi- port for designation of July 2010 as ‘‘Braille H.R. 3655: Ms. SCHAKOWSKY, Mr. JACKSON of gan, Mr. LEE of New York, Mr. GUTHRIE, Mr. Literacy Month’’; to the Committee on Edu- Illinois, Mr. PETERS, Mr. DAVIS of Illinois, HUNTER, Mr. MCHENRY, Mr. GINGREY of Geor- cation and Labor. and Mr. COHEN. gia, Mrs. MCMORRIS RODGERS, Mr. EHLERS,

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Mr. DENT, Mr. REICHERT, Mr. WILSON of H. Res. 902: Mr. WHITFIELD, Mr. WATT, Mrs. H. Res. 997: Mr. FARR. South Carolina, Mr. LAMBORN, Mr. BOOZMAN, BLACKBURN, Mr. MCCAUL, Mr. MCCOTTER, Mr. H. Res. 1003: Ms. JACKSON LEE of Texas, Mr. FORBES, Ms. GINNY BROWN-WAITE of Flor- BUCHANAN, Mr. LAMBORN, Mr. MANZULLO, Mr. Mrs. LOWEY, Mr. BISHOP of Georgia, Mr. ida, Mr. DREIER, Mr. BACHUS, and Mr. PENCE. GINGREY of Georgia, Mr. HUNTER, Mr. BOREN, Ms. LORETTA SANCHEZ of California, H.R. 4464: Mr. WESTMORELAND and Mr. CHAFFETZ, Mrs. MYRICK, Mr. LUCAS, Mr. Mr. COURTNEY, Mr. LOEBSACK, Mr. CAPUANO, PAULSEN. DOYLE, Ms. SUTTON, Mr. RUSH, Mr. GON- and Mr. MURTHA. H.R. 4466: Mr. PASCRELL, Ms. HERSETH ZALEZ, Mr. POLIS, Mr. HONDA, Mr. DINGELL, H. Res. 1021: Mr. BURTON of Indiana, Ms. SANDLIN, Mr. THOMPSON of Pennsylvania, Mr. and Mr. MARIO DIAZ-BALART of Florida. DEGETTE, Mr. DELAHUNT, and Mr. WEINER. POE of Texas, and Mr. SULLIVAN. H. Res. 936: Mr. WILSON of South Carolina, H. Res. 1022: Mr. CONAWAY, Mr. RYAN of H.R. 4472: Mrs. MILLER of Michigan, Mr. Mr. CONAWAY, and Mr. LANGEVIN. Ohio, Mr. CARNAHAN, and Mr. GRIJALVA. ROGERS of Michigan, and Mr. UPTON. H. Res. 943: Mr. KAGEN. H.R. 4475: Mr. ELLISON. H. Res. 959: Ms. GINNY BROWN-WAITE of f H. Res. 704: Mr. COBLE, Mr. CRENSHAW, and Florida. Mr. KLEIN of Florida. H. Res. 977: Mr. KINGSTON. DELETIONS OF SPONSORS FROM H. Res. 747: Ms. TSONGAS, Mr. ANDREWS, H. Res. 990: Mr. HONDA, Mr. HINCHEY, Ms. PUBLIC BILLS AND RESOLUTIONS Mr. LANGEVIN, Mr. MILLER of Florida, Mr. SUTTON, Mr. NEAL of Massachusetts, Mr. TONKO, Mr. JOHNSON of Georgia, and Mr. HOEKSTRA, Mr. SHERMAN, Mr. LANGEVIN, Mr. Under clause 7 of rule XII, sponsors were LOBIONDO. LATHAM, Mr. SULLIVAN, Mrs. MILLER of deleted from public bills and resolutions as H. Res. 771: Mr. ABERCROMBIE. Michigan, Mr. CAMP, Mr. ELLISON, and Mr. follows: H. Res. 847: Mr. PRICE of Georgia. UPTON. H.R. 874: Ms. MARKEY of Colorado.

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Vol. 156 WASHINGTON, THURSDAY, JANUARY 21, 2010 No. 7 Senate The Senate met at 9:30 a.m. and was a Senator from the State of New York, to by the Nigerian terrorist, Umar Fa- called to order by the Honorable perform the duties of the Chair. rouk Abdulmutallab. This testimony KIRSTEN GILLIBRAND, a Senator from ROBERT C. BYRD, was troubling indeed and left some the State of New York. President pro tempore. wondering why the administration is Mrs. GILLIBRAND thereupon as- subjecting this terrorist to criminal PRAYER sumed the chair as Acting President prosecution instead of gaining the val- The PRESIDING OFFICER. Today’s pro tempore. uable intelligence that is needed in our prayer will be offered by Alan Keiran, f war on al-Qaida. Admiral Dennis Blair, the Director of the Chaplain’s chief of staff. RECOGNITION OF THE MINORITY National Intelligence, stated quite The guest Chaplain offered the fol- LEADER lowing prayer: frankly that the Christmas Day bomb- Let us pray. The ACTING PRESIDENT pro tem- er should have been questioned by the Most gracious God, the source of all pore. The minority leader is recog- High Value Detainee Interrogation light and wisdom, give to our law- nized. Group. Blair went on to say that nei- makers renewed powers to honor You Mr. MCCONNELL. Madam President, ther he nor other important intel- in this national Chamber of delibera- I thank the majority leader for giving ligence officials were even consulted on tion. Help them to find a clear path me a chance to make my very brief the matter. This raises several trou- through the tangled maze of these opening remarks, as I must leave the bling questions: First, why were Mi- challenging times. Give them a con- building shortly. randa rights given to the obvious ter- suming passion not for their own way f rorist after only a brief session of ques- tioning, which predictably ended his but for Your holy will. Lord, empower SENATOR-ELECT SCOTT BROWN our Senators to meet the stupendous cooperation? dimensions of these epic days with Mr. MCCONNELL. Mr. President, the Second, at what level of authority courage and faith. Give them receptive Senate’s newest Member is coming was this decision taken to treat him as minds to follow Your guidance each down from Massachusetts today. We a criminal defendant instead of an un- step of the way. We pray in Your sa- will have a chance to welcome Senator- lawful enemy combatant? Who made cred Name. Amen. elect BROWN to the Capitol. Obviously, that decision? we are delighted to have him. I asked this question last night of f Senator-elect BROWN has captured John Brennan, the President’s senior PLEDGE OF ALLEGIANCE the attention of the entire country, but counterterrorism adviser, three times, he has captured the attention of Mas- and he refused to answer. I think the The Honorable KIRSTEN GILLIBRAND sachusetts voters first. The people of led the Pledge of Allegiance, as follows: Senate is entitled to know precisely Massachusetts sent a very strong mes- who authorized this. I pledge allegiance to the Flag of the sage. They were looking for someone A year ago, the President decided to United States of America, and to the Repub- who would help change the direction in lic for which it stands, one nation under God, revise the Nation’s interrogation poli- indivisible, with liberty and justice for all. Washington. They put their hope in the cies and to restrict the CIA’s ability to candidate whose views reflected the question terrorists. The administration f kind of change they were looking for. created a High Value Detainee Interro- APPOINTMENT OF ACTING So we welcome Senator-elect BROWN gation Group precisely for the purpose PRESIDENT PRO TEMPORE to the Senate, and we look forward to of questioning terrorists. Why wasn’t working with him to bring about the The PRESIDING OFFICER. The this group brought in once this ter- change that Americans are telling us rorist was taken into custody? clerk will please read a communication they want. We need to show them we to the Senate from the President pro Americans are going to need to know are listening. the answers to those questions. tempore (Mr. BYRD). The bill clerk read as follows: f I yield the floor. f U.S. SENATE, NATIONAL SECURITY PRESIDENT PRO TEMPORE, Mr. MCCONNELL. Madam President, RECOGNITION OF THE MAJORITY Washington, DC, January 21, 2010. LEADER To the Senate: yesterday, several members of the ad- Under the provisions of rule I, paragraph 3, ministration’s national security team The ACTING PRESIDENT pro tem- of the Standing Rules of the Senate, I hereby testified before the Senate concerning pore. The majority leader is recog- appoint the Honorable KIRSTEN GILLIBRAND, the attempted Christmas Day attack nized.

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

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VerDate Nov 24 2008 23:34 Jan 21, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JA6.000 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S62 CONGRESSIONAL RECORD — SENATE January 21, 2010 SENATOR-ELECT SCOTT BROWN up to 10 minutes each. That time will that on health care, as well as on clean Mr. REID. Madam President, I had a be equally divided and controlled be- energy, debt reduction, and immigra- good conversation with Senator-elect tween the two leaders or their des- tion, for example, Republicans have SCOTT BROWN yesterday. He is coming ignees. The Republicans will control been offering the following alternative to Washington today. I look forward to the first half; the majority will control to 1,000-page bills: going step by step in visiting with him. We have a time set the final half. Following morning busi- the right direction to solve problems in for him to come by my office. ness, the Senate will resume consider- a way that re-earns the trust of the In my conversation with him, he ation of H.J. Res. 45, a joint resolution American people. Comprehensive immigration, com- seemed very pleasant and excited about increasing the statutory limit on the prehensive climate change, and com- coming to Washington, which I am sure public debt. Currently, we have three prehensive health care bills have been he is. We talked about his daughter amendments pending. We hope we can well intended, but the first two fell of going to Syracuse and the fact that reach short time agreements so we can schedule votes on these amendments. their own weight, and health care, if JOE BIDEN graduated from Syracuse, enacted, would be a historic mistake and he knew that. I look forward to our f for our country and a political kami- meeting with him. MEASURE PLACED ON kaze mission for Democrats. f CALENDAR—S. 2939 What has united most Republicans against these three bills has not only THE NIGERIAN TERRORIST Mr. REID. Madam President, I under- been ideology but also that they were stand that S. 2939, which was intro- Mr. REID. Madam President, I will comprehensive. As George Will might duced by Senator DEMINT, is at the speak briefly on the statement of my write: ‘‘The Congress. Does. Not. Do. desk and is due for a second reading. friend, the senior Senator from Ken- Comprehensive. Well.’’ tucky, about the Nigerian terrorist. The ACTING PRESIDENT pro tem- Two recent articles help explain the The one thing we need not do is po- pore. The clerk will read the title of difference between the Democratic liticize the fight against terrorism. the bill for a second time. comprehensive approach and the Re- John Brennan did testify yesterday in The bill clerk read as follows: publican step-by-step approach. our classified briefing. It was classi- A bill (S. 2939) to amend title 31, United The first, which appeared in the new fied. The things that took place there States Code to require an audit of the Board journal, National Affairs, and was writ- should be classified. People should not of Governors of the Federal Reserve System ten by William Schambra of the Hud- and the Federal Reserve banks, and for other son Institute, explains the ‘‘sheer am- be talking about it. The reason that is purposes. the case is that we want people who bition’’ of President Obama’s legisla- come to classified briefings to be able Mr. REID. Madam President, I object tive agenda as the approach of what to speak freely. to any further proceedings on this bill Mr. Schambra calls a ‘‘policy Presi- We have had a long history in our at this time. dent.’’ country of people who commit crimes The ACTING PRESIDENT pro tem- Mr. Schambra says the President and on our territory in the United States pore. Objection is heard, and the bill most of his advisers have been trained being tried in the United States, in- will be placed on the calendar under at elite universities to govern by cluding Richard Reid, the shoe bomber. rule XIV. launching ‘‘a host of enormous initia- It isn’t as if this is the first time some- f tives all at once . . . formulating com- prehensive policies aimed at giving thing like this happened. Even though RESERVATION OF LEADER TIME they are proceeding under civil courts, large social systems—and indeed soci- they can always drop back and fall into The ACTING PRESIDENT pro tem- ety itself—more rational and coherent the category of war criminals if, in pore. Under the previous order, leader- forms of functions.’’ fact, that choice is made. Just because ship time is reserved. This is governing by taking big bites of several big apples and trying to they are going forward in this manner f today doesn’t mean they cannot drop swallow them all at once. In addition, back in some other manner at a subse- MORNING BUSINESS according to Mr. Schambra, the most quent time. The ACTING PRESIDENT pro tem- prominent organizational feature of the Obama administration is its reli- Even though I don’t like to discuss pore. Under the previous order, there ance on ‘‘czars’’—more than the Roma- what went on in a closed briefing, in a will now be a period of morning busi- novs, said one blogger—to manage classified setting, I was there from the ness for 1 hour, with the time equally broad areas of policy. In this view, sys- very beginning to the very end of Mr. divided and controlled between the two temic problems of health care, of en- Brennan’s presentation. I never heard leaders or their designees, with Sen- ergy, of education, and of the environ- him refuse to answer. In fact, he an- ators permitted to speak for up to 10 ment simply can’t be solved in pieces. swered the question that was asked in minutes each, with the Republicans Analyzing the article, David Broder a number of different ways by my controlling the first half and the ma- of the Washington Post wrote this: friend, the Republican leader, and an- jority controlling the final half. The Senator from Tennessee is recog- Historically, that approach has not other Republican Senator. So if there worked. The progressives failed to gain more are any questions about anything that nized. than a brief ascendency and the Carter and Mr. Brennan had to say, I hope that f Clinton presidencies were marked by strik- those questions will be asked directly ing policy failures. to him. We have had some open hear- HEALTH CARE The reason for these failures, as ings. Mr. ALEXANDER. Madam President, Broder paraphrased Schambra, is that My point is that there is a war on during our recent health care debate I ‘‘this highly rational comprehensive terror taking place now. I tried to be as heard a number of times from our approach fits uncomfortably with the supportive of President Bush during his friends on the other side of the aisle Constitution, which apportions power years as President when this was going this question: What are Republicans among so many different players.’’ on after 9/11. I hope my Republican col- for? Broder then adds this: leagues will be supportive of President Well, they will wait a long time if Democracy and representative government Obama. This is not a partisan issue. they are waiting for the Republican are a lot messier than the progressives and f leader, Senator MCCONNELL, to roll their heirs, including Obama, want to admit. into the Senate a wheelbarrow filled James Q. Wilson, a scholar, writing SCHEDULE with a 2,700-page Republican com- in a memorial essay honoring Irving Mr. REID. Madam President, this prehensive health care bill or, for that Kristol in the Wall Street Journal a morning, following leader remarks, the matter, a 1,200-page climate change bill few months ago, says the law of unin- Senate will proceed to a period of or a 900-page immigration bill. tended consequences is what causes the morning business for an hour, with If you have been listening carefully failure of such comprehensive legisla- Senators allowed to speak therein for to the Senate debate, you will know tive schemes. Explains Wilson:

VerDate Nov 24 2008 23:34 Jan 21, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.001 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S63 Launch a big project and you will almost to pool their resources to purchase Human experience has always taught surely discover that you have created many health plans; No. 2, reducing junk law- that enough small steps in the right di- things you did not intend to create. suits against doctors; No. 3, allowing rection is one good way to get you Wilson also writes that the purchase of insurance across State where you want to go and also a good neoconservatism, as Kristol originally lines; No. 4, expanding health savings way along the way to avoid many un- conceived of it in the 1960s, was not an accounts; No. 5, promoting wellness expected and unpleasant consequences. organized ideology or even necessarily and prevention; and No. 6, taking steps Tuesday’s election in Massachusetts conservative, but ‘‘a way of thinking to reduce waste, fraud, and abuse. We is the latest reminder that the Amer- about politics rather than a set of prin- offered these six proposals in complete ican people are tired of risky, com- ciples and rules. . . . It would have legislative text. It totaled 182 pages, all prehensive schemes featuring taxes, been better if we had been called policy 6. The Democratic majority rejected debt, and Washington takeovers, as skeptics.’’ all six of our proposals and ridiculed well as lots of hidden and unexpected The skepticism of Schambra, Wilson, the approach, in part because our ap- surprises. It is time to declare that the and Kristol toward grand legislative proach was not comprehensive. era of the 1,000-page bill is over or the policy schemes helps to explain how Take another example. In July, all 40 era of the 2,000-page bill is over or the the law of unintended consequences has Republican Senators announced agree- era of the 2,700-page bill is over. A wise made being a member of the so-called ment on 4 steps to produce low-cost, approach would be to set a clear goal, ‘‘party of no’’ a more responsible clean energy and create jobs: No. 1, cre- such as reducing health care costs, ate 100 new nuclear powerplants or at choice than being a member of the so- take a few steps in that direction and least the environment in which they called party of ‘‘yes, we can’’—if these then a few more so that we can start could be built; No. 2, electrify half our three recent comprehensive bills on solving the country’s problems in a cars and trucks; No. 3, explore offshore health care, climate change, and immi- way that reearns the trust of the for natural gas and oil; and No. 4, dou- gration are the only choices. American people. Madam President, it is arrogant to ble energy research and development for new forms of energy. This step-by- Madam President, I ask unanimous imagine that 100 Senators are wise consent to have printed in the RECORD enough to reform comprehensively a step Republican clean energy plan is an alternative to the Kerry-Boxer na- an article from the Wall Street Journal health care system that constitutes 17 of Monday, September 21, written by percent of the world’s largest economy tional energy tax which would impose an economy-wide cap-and-trade James Q. Wilson, an article by David and affects 300 million Americans of Broder from the Washington Post of disparate backgrounds and cir- scheme, driving jobs overseas looking for cheap energy and collecting hun- September 24, and an article from the cumstances. magazine National Affairs written by How can we be sure, for example, dreds of billions of dollars each year for a slush fund with which Congress can William Schambra. that one unintended consequence of There being no objection, the mate- spending $2.5 trillion more for health play. Here is another example. In 2005, a bi- rial was ordered to be printed in the care over 10 years will not be higher partisan group of us in Congress asked RECORD, as follows: costs and more debt? Won’t new taxes the National Academies to identify the [From the Wall Street Journal, Sept. 21, be passed along to consumers, raising first 10 steps Congress should take to 2009] health insurance premiums and dis- preserve America’s competitive advan- A LIFEINTHEPUBLIC INTEREST couraging job growth? Won’t charging tage in the world so we could keep (By James Q. Wilson) insolvent States $25 billion over 3 years growing jobs. The academies appointed for a Medicaid expansion raise State Irving Kristol not only helped change the a distinguished panel, including now- country, he changed lives. He certainly taxes and college tuitions? Ask any Secretary Chu, that recommended 20 changed mine. Governor. And how can a Senator be so such steps. Congress enacted two- When I was a young faculty member at sure that some provision stuck in a thirds of them. The America COM- Harvard, I learned that he, along with Daniel 2,700-page partisan bill in secret meet- PETES Act of 2007, as we call it, was Bell, had just created The Public Interest. I wrote him to say how enthused I was to find ings and voted on during a snowstorm far-reaching legislation, but it was at 1 a.m. will not come back around a magazine that published serious but jar- fashioned step by step. gon-free essays in which scholars analyzed and slap him or her in the face, such as Another example. When I was Gov- trying to explain why Nebraska got a public policy. Irving called back to invite me ernor of Tennessee in the 1980s, my to join him and his wife, Gertrude cornhusker kickback to pay for its goal was to raise family incomes for Himmelfarb, for dinner when I was next in Medicaid expansion and my State did what was then the third poorest State. New York City. not? As I went along, I found that the best I was overwhelmed. The founding editor of James Q. Wilson also wrote in his way to move toward that goal was step an important magazine was inviting an un- essay that respect for the law of unin- by step—some steps smaller, some known young writer to have dinner with tended consequences ‘‘is not an argu- steps larger—such as changing banking him. I went as soon as I could. It was a nice meal, and Irving asked me to ‘‘write some- ment for doing nothing, but it is one, laws, defending right-to-work policies, in my view, for doing things experi- thing’’ for the journal. ‘‘Write what?’’ I re- keeping debt and taxes low, recruiting plied. ‘‘I will send you a government report mentally. Try your idea out in one Japanese industry, and then the auto you should discuss,’’ he suggested. He did, place and see what happens before you industry, building four-lane highways and I wrote about it for the magazine’s sec- inflict it on the whole country,’’ he so suppliers could get to the auto ond issue. My piece was, at best, pedestrian, suggests. plants, and then a 10-step better but I was hooked. If you will examine the CONGRES- schools program, 1 step of which made Reading the magazine became the center SIONAL RECORD, you will find that Re- Tennessee the first State to pay teach- of my nonteaching life. I learned what Pat publican Senators have been following ers more for teaching well. I did not Moynihan, Robert Nisbet, Jacques Barzun, Mr. Wilson’s advice, proposing a step- Martin Diamond, Daniel Bell, Nathan Glazer, try to turn our whole State upside James Coleman, Peter Drucker and count- by-step approach to confronting our down all at once, but working with less others thought about public policy. It Nation’s challenges 173 different times leaders in both parties, I did help it was a new world: Thoughtful people with during 2009. May I say that again? Dur- change and grow step by step. Within a real knowledge were discussing public policy ing 2009, Republican Senators, 173 dif- few years, we were the fastest growing at a time, the mid-1960s, when the federal ferent times on the floor of the Senate, State in family incomes. government was acting as if anything were have proposed a step-by-step approach According to a recent survey by On possible. toward health care and other of our Message Inc., 61 percent of Independ- These writers were discussants, not pun- Nation’s challenges. ents, 60 percent of ticket splitters, and dits. They wrote long essays (happily, free of On health care, for example, we first footnotes) analyzing which policies might 77 percent of Republicans answered yes work and which would not. They did not suggested setting a clear goal; that is, to the following question: I would rath- utter slogans, they assumed there were intel- reducing costs. Then we proposed the er see Congress take a more thoughtful ligent readers out there, and for the most first six steps toward achieving that step-by-step approach focusing on com- part did not embrace a party line. A maga- goal: No. 1, allowing small businesses monsense reforms. zine that later was said to be the founding

VerDate Nov 24 2008 23:34 Jan 21, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.002 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S64 CONGRESSIONAL RECORD — SENATE January 21, 2010 document of the neoconservative movement In time I think The Public Interest began on rational analysis, rather than narrow de- published work by Robert Solow, James to speak more in one voice and the number cisions, on everything from missile defense Tobin, Christopher Jencks, Charles Reich, of liberals who wrote for it declined. Every to Afghanistan—and all the big issues at Charles Lindblom and many other con- magazine acquires a character just as every home. spicuous nonconservatives. human has a personality. That character was ‘‘In one policy area after another,’’ It was the right moment. President Lyn- sharpened and reinforced by the cultural rev- Schambra writes, ‘‘from transportation to don Johnson was trying to create a new po- olution of the late 1960s, which required of science, urban policy to auto policy, Obama’s litical era by asking the government to do liberal skeptics that they become not merely formulation is virtually identical: Selfish- things that not even Franklin Roosevelt had critics of ill-advised policies but defenders of ness or ideological rigidity has led us to look endorsed, and to do it in a period of pros- the nation to which those policies might at the problem in isolated pieces . . . we perity. The large majorities his party had in apply. must put aside parochialism to take the long Congress as a result of Johnson’s decisive de- Irving Kristol’s talents were remarkable: systemic view; and when we finally formu- feat of Barry Goldwater in 1964 made it pos- He did for The Public Interest what he had late a uniform national policy supported by sible to create Medicare and Medicaid and to earlier done for Commentary, the Reporter empirical and objective data rather than adopt major federal funding for local school and Encounter—find good people and induce shallow, insular opinion, we will arrive at so- systems. He created the Department of them to say important things even when it lutions that are not only more effective but Transportation and the Department of Hous- did not improve the revenues of the maga- less costly as well. This is the mantra of the ing and Urban Development. Johnson him- zine. The Public Interest always relied on fi- policy presidency.’’ self called what he was doing the creation of nancial support from a few friends and rarely a ‘‘Great Society.’’ sold more than 12,000 copies. That didn’t [From National Affairs] I was a small part of that world. I chaired bother Irving at all: What counts is who OBAMA AND THE POLICY APPROACH a White House task force on crime for the reads it, not how many read it. And for 40 (By William Schambra) president. It was a distinguished panel but years a lot of important people did read it. after much effort we made very few useful Nine months into his tenure, the patterns I was upset when the magazine ceased recommendations. It slowly dawned on me of President Barack Obama’s style of gov- being published in the spring of 2005. With that, important as the rising crime rate was, erning are becoming clear. Obama had no ex- others I struggled to find a new home. There nobody knew how to make it a lot smaller. ecutive experience when he took the presi- were some good possibilities for a new ven- We assumed, of course, that the right policy dential oath last winter—but he did come in ture, but in time Irving said no, ‘‘Forty was to eliminate the ‘‘root causes’’ of crime, with a particular idea of what politics and years is enough.’’ And now for Irving, 89 but scholars disagreed about what many of government are for, and how they ought to those causes were and where they did agree years is enough—he died Friday of lung can- work. It is a view grounded in Progressive they pointed to things, such as abusive fami- cer. Losing him is like losing your favorite politics, and shared by a number of Demo- lies, about which a democratic government uncle: A wise and cheerful man who knew so cratic chief executives in recent decades. But can do very little. much about so many things and would al- Obama has articulated it, and his adminis- The view that we know less than we ways help you out. tration has embodied it, more fully than thought we knew about how to change the most. human condition came, in time, to be called [From the Washington Post, Sept. 24, 2009] Perhaps the most distinctive political neoconservatism. Many of the writers, my- MR. POLICY HITS A WALL characteristic of the Obama administration thus far is the sheer ambition of its early self included, disliked the term because we (By David S. Broder) legislative agenda, which seeks to move a did not think we were conservative, neo or A new publication came across my desk paleo. (I voted for John Kennedy, Lyndon host of enormous initiatives all at once. The this week containing an essay that offers as administration’s most prominent organiza- Johnson and Hubert Humphrey and worked good an insight into President Obama’s ap- in the latter’s presidential campaign.) It tional feature, meanwhile, is its reliance on proach to government as anything I have issue ‘‘czars’’ to manage broad areas of pol- would have been better if we had been called read—and is particularly useful in under- policy skeptics; that is, people who thought icy. By the end of his first summer in office, standing the struggle over health-care re- Obama had named some 35 such policy super- it was hard, though not impossible, to make form. useful and important changes in public pol- intendents—‘‘more czars than the Roma- The publication is called National Affairs, novs,’’ as one blogger quipped—overseeing icy. and its advisory board is made up of noted Whatever the authors were called, their matters ranging from health-care reform, conservative academics from James W. best essays reflected one general view: Let us energy, and regulation to stimulus account- Ceaser to James Q. Wilson. The article that use social science to analyze an existing pol- ability, corporate executive compensation, caught my eye, ‘‘Obama and the Policy Ap- icy to see if it works at a reasonable cost. cyber security, and the Great Lakes. proach,’’ was written by William Schambra, This meant that these writings were back- Both his ambition and his unique style of director of the Hudson Institute’s Bradley ward looking in a world when liberals were issue management show that Obama is em- Center for Philanthropy and Civic Renewal. relentlessly forward looking. If you look phatically a ‘‘policy approach’’ president. Schambra, like many others, was struck carefully at what has been done rather than For him, governing means not just address- by the ‘‘sheer ambition’’ of Obama’s legisla- announce boldly what ought to be done, you ing discrete challenges as they arise, but for- tive agenda and by his penchant for central- will be called, I suppose, a conservative. We mulating comprehensive policies aimed at izing authority under a strong White House were lucky, I imagine, not to be called giving large social systems—and indeed soci- staff replete with many issue ‘‘czars.’’ reactionaries. ety itself—more rational and coherent forms Irving Kristol smiled through all of this. Schambra sees this as evidence that and functions. In this view, the long-term, He did not care what we were called and he ‘‘Obama is emphatically a ‘policy approach’ systemic problems of health care, education, gave to one of his published collections of es- president. For him, governing means not just and the environment cannot be solved in says the title, ‘‘Neoconservativism: the addressing discrete challenges as they arise, small pieces. They must be taken on in Autobiography of an Idea.’’ He explained but formulating comprehensive policies whole, lest the unattended elements react why that tendency differs from traditional aimed at giving large social systems—and in- against and undo the carefully orchestrated conservatism: Neoconservatism is not an ide- deed society itself—more rational and coher- policy measures. ology, but a ‘‘persuasion.’’ That is, it is a ent forms and functions. In this view, the The ‘‘policy approach’’ Obama seems to be way of thinking about politics rather than a long-term, systemic problems of health care, embracing was best articulated by Daniel set of principles and rules. If education, and the environment cannot be Patrick Moynihan in his classic essay ‘‘Pol- neoconservatism does have any principle, it solved in small pieces. They must be taken icy vs. Program in the 1970s,’’ published in is this one: the law of unintended con- on in whole.’’ the Summer 1970 issue of The Public Inter- sequences. Launch a big project and you will He traces the roots of this approach to the est. ‘‘A policy approach to government,’’ almost surely discover that you have created progressive movement of the late 19th and Moynihan wrote, begins ‘‘by seeking to en- many things you did not intend to create. early 20th centuries, when rapid social and compass the largest possible range of phe- This is not an argument for doing nothing, economic change created a politics domi- nomena and concerns.’’ This means, to begin but it is one, in my view, for doing things ex- nated by interest-group struggles. The pro- with, that ‘‘everything relates to every- perimentally. Try your idea out in one place gressives believed that the cure lay in apply- thing,’’ and therefore that ‘‘there are no so- and see what happens before you inflict it on ing the new wisdom of the social sciences to cial interests about which the national gov- the whole country. the art of government, an approach in which ernment does not have some policy or I recall when Nathan Glazer and I spoke at facts would heal the clash of ideologies and other.’’ But these policies cannot simply a conference on neoconservatism organized narrow constituencies. consist of discrete interventions meant to by The Partisan Review. Nat and I made all Obama—a highly intelligent product of address particular concerns. Public prob- of these points about caution, experimen- elite universities—is far from the first lems, arising in intricate social systems, are tation and unintended consequences only to Democratic president to subscribe to this ap- just too complex for that. Instead, policy be told by one of the Review’s editors that proach. Jimmy Carter, and especially Bill should aim to give the system as a whole the this was not enough: To be serious about pol- Clinton, attempted to govern this way. But proper shape, and then the elaborate array of itics, one had to have an organized ideology. Obama has made it even more explicit, regu- programs, rules, incentives, pressures, and Well, the Review certainly did. larly proclaiming his determination to rely intentions will better fall into place.

VerDate Nov 24 2008 01:43 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JA6.004 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S65 Writ large, this approach suggests that nomenon is indissolubly linked to every accreted to the point that we now had rea- government exists not to attend to the var- other.’’ sonable assurance of bending society and ious problems in the life of a society, but to The professional social scientist—the econ- economy to our will, he argued. And the take up society itself as a problem—and im- omist, sociologist, psychologist, and polit- project of reform was attracting larger seg- prove it. The consequent expansion of the ical scientist—now had a critical role to play ments of the middle class—who, benefiting reach of government, proponents of this view in society because, as Haskell points out, ‘‘it from expanding higher education, were intro- contend, is not driven by anything as crude was largely through his explanatory prowess duced to the allure of the ‘‘independence of as presidential ambition or ‘‘socialist’’ ide- that men might learn to understand their judgment, esoteric knowledge, and immu- ology. It is simply a realistic and pragmatic complex situation, and largely through his nity to outside criticism that characterize response to the inexorable demands of the predictive ability that men might coopera- professionals.’’ Public policy now tended to web of social reality. tively control society’s future.’’ As the respond not to social movements, but rather To address social problems this way, the prominent Progressive (and founder of the to the concerns of the professionals—not policymaker must put himself outside the New Republic) Herbert Croly put it, ‘‘in the only because of their superior expertise, but circle of those whom he governs, and, in- more complex, the more fluid, and the more also because they were reaching a critical formed especially by social science, see be- highly energized, equipped, and differen- mass within the institutions of government yond their narrow clashing interests. This tiated society of today,’’ the ‘‘cohesive ele- and the economy. presents a problem in the politics of a de- ment’’ would be ‘‘the completest social Political scientist Samuel Beer summa- mocracy, of course, since most citizens (and record,’’ which could be assembled only by rized the increasingly autonomous role the self-interested politicians they elect) ei- social-science experts ‘‘using social knowl- played by experts in the Great Society and ther are baffled by or deliberately ignore so- edge in the interest of valid social purposes.’’ subsequent administrations as ‘‘the techno- cial complexity and interrelatedness. The re- This conviction became the basis for the cratic takeover.’’ As he put it, with all major sulting truncated policies, reflecting Progressive political movement in early contemporary policy problems, ‘‘it has been, unenlightened popular prejudices or arbi- 20th-century America. The politics of that in very great measure, people in government trary ideologies, tend to make a hash of the era seemed dangerously corrupt and tumul- service, or closely associated with it, acting underlying network of causes and effects. tuous, with politicians either despoiling the on the basis of their specialized and tech- The practitioner of the policy approach must public for personal and constituent enrich- nical knowledge, who first perceived the gently chide these citizens and politicians ment or roiling public opinion with radically problem, conceived the program, initially for their short-sightedness. He must insist divisive new ideologies like socialism. In urged it on the president and Congress, went that they put away their childish things, and tones resembling Obama’s rhetoric today, on to help lobby it through to enactment, get down to the hard and serious work of at- the Progressives condemned such behavior as and then saw to its administration.’’ tending to the complicated causes of soci- short-sighted, parochial, and irresponsible. The professionalization of reform and tech- ety’s problems. And he must recruit to his These reckless political practices, they ar- nocratic takeover went beyond government administration a cadre of experts who can gued, ignored growing social interdepend- boundaries, however. As Hugh Heclo, Lester detect those causes—experts professionally encies that demanded empirically grounded, Salamon, and other scholars have observed, trained in the natural or social sciences, objective, far-sighted decisions focused on much of the expansion of federal programs in which alone enable us to fully grasp social the larger national interest. the Great Society and beyond involved not complexity and to design appropriate inter- Progressivism’s solution was to shift the adding more federal bureaucrats, but rather ventions. administration of public affairs out of the subsidizing third-party providers at lower Hence policy czars, mandated to follow the hands of citizens and politicians still in the levels of government and throughout the causal threads wherever they may lead, pass- thrall of fragmented (and therefore dysfunc- non-profit sector. These institutions, too, ing freely across the anachronistic and arbi- tional) views of social reality, and into the took on a professional cast, as they recruited trary boundaries of executive departments hands of a new professional class steeped in experts to design, execute, evaluate, and re- without undue concern for political turf. the social sciences. They alone could formu- port on the federal programs for which they Hence Obama’s ill-concealed frustration with late coherent intellectual maps of an inter- were responsible. They also inevitably be- what he so often calls the ‘‘tired old argu- related world, and interventions sophisti- came advocates for sustained government ments’’ that compose our day-to-day poli- cated enough to bend the causal chains in support for their services. Private charitable tics. Hence also the immense ambition of his the desired direction. In Croly’s words, Pro- foundations, which had previously been first-year agenda—and the immense obsta- gressivism believed that a ‘‘better future mainstays of support for non-profit service cles and complications he will no doubt face would derive from the beneficent activities providers, now chose instead to join them in as he moves forward. of expert social engineers who would bring to pushing for increased government funding of the service of social ideals all the technical services. Philanthropy was then left free to THE SCIENCE OF GOVERNMENT resources which research could discover and fund experimental projects that would blaze The ideal of the policy presidency is deeply ingenuity could devise.’’ trails for yet more government programs. rooted in the enduring American Progressive Progressive doctrine—particularly as ex- Over time, ‘‘issue networks’’ (to use movement, and particularly in its under- tended and elaborated in President Franklin Heclo’s term) began to develop, linking gov- standing of the social sciences. In the late Roosevelt’s New Deal and President Lyndon ernment bureaucrats, congressional staff, 19th and early 20th centuries, new economic Johnson’s Great Society—thus demanded the non-profit administrators, foundation pro- and technological developments—factory centralization of political power in the gram officers, and policy advocates around a production, mass markets, railroads, the American presidency and its bureaucratic shared interest in specific policy areas. telegraph and telephone—shattered the old apparatus, organized according to the ration- Though they didn’t always agree on policy boundaries of what historian Robert Wiebe al and orderly doctrines of scientific man- particulars, Heclo maintains, they shared a aptly called our ‘‘island communities.’’ In- agement and public administration. Progres- ‘‘common language for discussing the issues, stead, we seemed to be increasingly inter- sive reformers throughout the 20th century a shared grammar for identifying the major twined, our existence affected by distant de- came to denigrate the wisdom and relevance points of contention, a mutually familiar velopments whose ramifications arrived un- of the American Constitution, which frus- rhetoric of argumentation.’’ These networks bidden in our lives through steel rail and trated centralization and coordination by would provide quiet but self-sustaining mo- copper wire. dispersing governing power across the states mentum for federal programs, even in the That growing interdependence, writes and over the branches of government. Once face of hostile presidents. Thomas Haskell in The Emergence of Profes- thought essential to American freedom, Frank Baumgartner and Christine sional Social Science, meant that the ‘‘effec- these institutions now came to be seen as Mahoney have argued that as new govern- tive cause of any event or condition . . . be- impediments to coherent national govern- ment initiatives were established, ‘‘the pro- came more contingent and more difficult to ance. grams and spending associated with them trace.’’ Everyday common sense now failed The apogee of social science’s influence in generated new interests themselves, as af- to explain the world, which seemed to be American public life came with Johnson’s fected constituencies, service providers, and shaped instead by ‘‘long chains of causation Great Society and its vast proliferation of others entered into long-term relations with that stretched off into a murky distance.’’ professionally designed programs to address the government officials responsible for Human behavior was no longer directed by housing, poverty, education, urban affairs, these new programs.’’ As Michael Greve ex- autonomous moral choice, but rather by ‘‘a and other public problems. ‘‘There was a pre- plains, even the Reagan administration even- host of determinants external to the con- vailing faith that social science could diag- tually gave up trying to make a dent in fed- scious mind.’’ For the early Progressives, nose the causes of human problems and de- eral support for liberal advocacy groups, con- this brought into question the ideal of the velop sound and effective public policy cluding that ‘‘defending was a fight it could free, self-governing, and personally respon- cures,’’ note Calvin Mackenzie and Robert not win without mounting an extraordinary sible human being and citizen. And it led to Weisbrot in their history of the 1960s. effort,’’ and that ‘‘government funding of ad- the elevation of those equipped with sciences This brought on what Moynihan (in the vocacy groups had become too deeply of society that promised to trace the chains first issue of The Public Interest, in 1965) engrained in the structure of American gov- of causation into the murk—those who ap- called ‘‘the professionalization of reform.’’ ernment.’’ preciated, as sociologist Lester Frank Ward The expert class had become persuaded that Thus, the policy approach to governing, put it, that ‘‘every fact and every phe- our supply of social-science knowledge had and especially to the executive branch, came

VerDate Nov 24 2008 23:34 Jan 21, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JA6.007 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S66 CONGRESSIONAL RECORD — SENATE January 21, 2010 to take hold on the left and in Washington the Chicago Annenberg Challenge—a massive suggests that tackling only isolated pieces of policy circles. It has played a role in the local school-reform project (co-founded by the problem, or trying to solve only one work of every recent administration—wheth- the former Weather Underground radical problem at a time, will merely introduce fur- er as implicit modus operandi or as exas- William Ayers) that Obama chaired. The re- ther distortions into what should be treated perating foil—but not until President Obama port suggests that the effort fell well short as a unified and coordinated system. A com- has it had a genuine, life-long true believer of expectations precisely because it left too prehensive policy approach will enable us to in the Oval Office. much discretion to the untutored leaders of take maximum advantage of natural- and so- THE POLICY PRESIDENT local schools. It would have been better to cial-science expertise, displacing expensive Obama’s early life primed him for this way ‘‘provide guidance for local initiatives in the or ineffective local practices by spreading of thinking about politics. The cir- form of well-researched and well-thought-out system-wide those programs that have prov- cumstances of his family and his globally maps for change,’’ the report maintained, en to be more effective and less expensive, as peripatetic youth acquainted him with a va- which would ‘‘present sound theories and documented by thorough research and ex- riety of strong traditional cultures—Kenyan, principles that might enhance the effective- perimentation. Kansan, Indonesian—that had not yet been ness of local thinking and action.’’ It was too Approaching the problems of the health- entirely pulverized by modern cosmopoli- much to expect everyday citizens to under- care system individually and incrementally, tanism. Obama’s first book, Dreams from My stand the complex forces affecting their Obama insisted in a speech in July, ‘‘is pre- Father, is in part his account of trying on schools without substantial, theoretically cisely [the] kind of small thinking that has several of the tightly woven cultural gar- informed intervention by the professionals. led us into the current predicament.’’ The in- ments that his background made accessible Obama’s chief complaint as a new U.S. sen- efficiencies and shortcomings of health-care to him. As he often puts it himself, this ex- ator was that Washington’s discourse seemed financing will be done away with only if an perience endowed him with a remarkable ca- to be dominated by the bitter, tired, ideo- extensive system is built that assigns and pacity to appreciate the most diverse moral logically driven politics that had character- regulates roles for all the players, including and cultural beliefs, coolly and objectively ized the pre-Progressive era. Most Ameri- federal and state health programs, medical assessing their strengths and weaknesses. cans, he insisted in his second book, The Au- personnel, hospitals, insurance companies, Because he was in but never entirely of sev- dacity of Hope, exhibited a ‘‘pragmatic, non- and all American citizens. Once this new uni- eral cultures, he was left with a wistful sense ideological attitude’’ and were ‘‘weary of the versal network of relationships is estab- that he would always somehow be on the dead zone that politics has become, in which lished, science and technology—comparative outside looking in. narrow interests vie for advantage and ideo- effectiveness research, electronic medical But his cosmopolitan childhood ensured logical minorities seek to impose their own records—can make their contributions. And that Obama would not be burdened by a crip- versions of absolute truth.’’ once all Americans receive the treatments pling illusion so common in the traditional Obama preferred an approach to public pol- judged most effective according to rigor- community: that its way is the right way, icy that would make greater use of objective ously empirical measurement, the nation’s and that it can autonomously shape its com- evidence, scientific facts, and expert counsel. health care will be delivered everywhere as mon life accordingly, free of the sprawling For example, he suggests in the book, we it is today at the Mayo Clinic. Likewise, Obama and his allies insist that chains of social causality. From his earliest could take on the health-care problem by our national approach to energy and the en- days—helped by the guidance and example of ‘‘having a nonpartisan group like the Na- vironment must be based on the recognition his mother, who held a Ph.D. in anthro- tional Academy of Science’s Institute of Medicine determine what a basic, high-qual- that we are embedded in an intricate system pology—Obama understood and easily glided of ecological linkages. In Obama’s view, we ity health-care plan should look like and through the network of interdependency have recklessly spewed carbon into the at- how much it should cost,’’ examining ‘‘which that, as the Progressives had predicted, was mosphere because of poor decisions about existing health-care programs deliver the eroding traditional communities and pulling housing, transportation, and electricity best care in the most cost-effective manner.’’ us all together in vast systems of relation- use—ignoring the web that ties them all to- ship. In other words, the beginning of reform lies gether. Here, too, the answer is a system of When a Chicago non-profit accepted his ap- in the formulations of professional expertise. energy supply that brings to bear the latest plication for a job as a community organizer, During Obama’s presidential campaign, scientific research: A proposed ‘‘cap-and- Obama put on the garment of a Chicagoan. journalists were clearly impressed by his trade’’ program will establish standards for That he was not born and reared in one of willingness to consult and rely on the policy measuring and regulating the emission of the strong and often insular ethnic neighbor- professionals. But the candidate’s adamancy carbon; and a nationally interlinked web for hoods of the city of broad shoulders was not about seeking out proven experts came as no energy transmission will carry renewable en- particularly relevant. He was not there to surprise to Obama advisor Cass Sunstein, ergy from wherever it is produced to wher- help a local neighborhood rebuild a coherent who observed that ‘‘in his empiricism, his ever it is needed, no matter the distance. sense of community that would enable it to curiosity, his insistence on nuance, and his Our education system, too, is chaotic and solve its own problems according to its own lack of dogmatism, Obama is indeed a sort of disorganized, according to Obama. Too many values. Rather, he was there to help local anti-Bush’’ from whom we will see ‘‘a rigor- states and localities are going in too many residents understand the larger networks of ously evidence-based government.’’ different directions, and Washington ‘‘has power and influence that determined their In January, the Boston Globe reported been trapped in the same stale debates that lives, and which alone could provide the re- with hometown pride that the newly elected have paralyzed progress and perpetuated our sources and knowledge to alleviate their president had turned particularly to Harvard educational decline,’’ as he put it to the His- poverty. What the South Side of Chicago University for key administration officials. panic Chamber of Commerce. Again, the needed was not an illusory sense of commu- It seemed only natural, since Obama was ‘‘a president argues, the solution is a more uni- nity efficacy, but rather the clout to force preternaturally self-confident product of the form application of expert guidance and di- the importation of professional expertise—in meritocracy’’ and had a ‘‘reputation as a rection. ‘‘It’s time to give all Americans a the form of city-paid employment specialists seeker of the expertise and intellect that complete and competitive education from at a new job center, and hazardous waste-re- Harvard prides itself on attracting.’’ the cradle up through a career,’’ he said in moval workers to clean up asbestos at the Small wonder, then, that as president, March. And that trajectory should be en- Altgeld Gardens housing complex. Obama’s explanation for today’s economic abled by one overarching system, because After his legal education, Obama found his crisis reflects a distinctively Progressive ‘‘it’s time to move beyond the idea that we way into the ‘‘issue networks’’ that had tone, with a call to renounce short-term and need several different programs to address come to dominate Chicago politics—the non- selfish private indulgence in the name of em- several different problems—we need one profits, advocacy coalitions, and foundations pirically based, objective analysis of the comprehensive policy that addresses our committed to ever more extensive and so- long-term, system-wide view. There has comprehensive challenges.’’ phisticated interventions by trained profes- ‘‘been a tendency to score political points in- In one policy area after another—from sionals into the lives of Chicago’s distressed stead of rolling up sleeves to solve real prob- transportation to science, urban policy to neighborhoods. In all major American cities lems,’’ he suggested in his ‘‘New Founda- auto policy—Obama’s formulation is vir- today, as the Manhattan Institute’s Steven tion’’ speech at Georgetown University in tually identical: selfishness or ideological ri- Malanga observes, this constellation of April. The problems we face, he continued, gidity has led us to look at the problem in forces—along with the municipal and edu- ‘‘are all working off each other to feed a vi- isolated pieces rather than as an all-encom- cational unions—has replaced the traditional cious economic downturn,’’ so ‘‘we’ve had no passing system; we must put aside paro- urban political machine; it is the new engine choice but to attack on all fronts of our eco- chialism to take the long systemic view; and driving the perpetual expansion of municipal nomic crisis at once.’’ when we finally formulate a uniform na- services and budgets. In addition to ongoing To address these challenges, Obama in- tional policy supported by empirical and ob- work with local advocacy groups, Obama sists, we must come up with comprehensive jective data rather than shallow, insular served on the boards of two major founda- policies that account for the entire sweep of opinion, we will arrive at solutions that are tions that are leading national proponents interconnected social and economic factors not only more effective but less costly as for the development and expansion of gov- contributing to the problem, and whose co- well. This is the mantra of the policy presi- ernment services. ordination will contribute to its solution. dency. The mode of thought inculcated by this Echoing Moynihan’s understanding of the And overseeing each of these policy areas sort of work is reflected in the final report of implications of the policy approach, Obama will be a ‘‘czar,’’ attuned to the big picture.

VerDate Nov 24 2008 23:34 Jan 21, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JA6.008 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S67 This key presidential aide—almost invari- and 38 strategies for implementation. Carter they were convinced that all the pieces had ably a policy expert rather than a political promised to ‘‘work with, encourage, support to fit together in order for the policy to suc- figure—will coordinate the activities of the and stimulate every other level of govern- ceed. Yet as the New York Times’s Matt Bai various departments through which the in- ment plus the private sector and neighbor- has observed, ‘‘Ever jealous of its preroga- tricate policy web is woven, and focus the hood groups—all at the same time with equal tive, Congress took a long look, yawned and latest expert advice and counsel on his par- fervor.’’ This is precisely the sort of expan- kicked the whole plan to the gutter, where it ticular segment of the problem of the whole. sive and encompassing programming de- soon washed away for good—along with POLITICS AND POLICY manded by a genuinely comprehensive policy much of Clinton’s ambition for his presi- How will the Obama policy-approach presi- approach. dency.’’ The administration’s ‘‘complex and ambi- On the surface, Obama seems to have ab- dency fare? We can find a clue in the unrest tious program seemed to confuse the public sorbed the moral of that failure. He has stirred by his growing list of ‘‘czars.’’ Sen- and ultimately to paralyze the operation of begun the process of revamping health care ator Robert Byrd of West Virginia, Obama’s government,’’ Ceaser notes, leaving it little and environmental policy by proclaiming fellow Democrat, objects to this new struc- to show for all its technocratic bustle. By general principles that any plan must fea- ture, complaining that the czars ‘‘rarely tes- contrast, Carter’s successor Ronald Reagan ture, while leaving the specifics of the pro- tify before congressional committees and deliberately limited his proposals to Con- grams to Congress. But it remains to be seen often shield the information and decision- gress to one or two top priority items at a whether a Congress reflecting a vast array of making process behind the assertion of exec- time, having learned precisely this lesson contending geographic and economic inter- utive privilege.’’ Indeed, he argues, ‘‘the from Carter’s failures. ests can produce the sort of internally con- rapid and easy accumulation of power by the Obama has taken his stand with the com- sistent and comprehensive proposal that the White House staff can threaten the constitu- prehensive approach, noting repeatedly that policy approach considers essential for suc- tional system of checks and balances.’’ Lib- while there are ‘‘some who believe we can cess. Obama has articulated criteria for eral law professor Bruce Ackerman suggests only handle one challenge at a time,’’ in fact measuring the value of a plan that are out of that ‘‘we need to seriously consider requiring ‘‘we don’t have the luxury of choosing be- line with his decision to leave the plan’s con- Senate approval of senior White House staff tween getting our economy moving now and struction to Congress. positions.’’ rebuilding it over the long term.’’ Outdoing In reality, the Clinton and Obama models These cavils are unlikely to prompt serious Carter, Obama doesn’t just view each sepa- are not all that different. Sooner or later, action, but they do remind us of the persist- rate area of public concern as a realm for the one way or another, the exquisite workings ence of our constitutional system of checks development of a comprehensive policy. He of policy experts must be subjected to the and balances and of a Senate jealous of its insists that, following the intractable inter- brute judgment of elected officials, who have prerogatives. And that points to a central connectedness of the pieces of his recovery not lost their quaint (if inefficient) attach- vulnerability of the policy-approach presi- plan, all the areas of concern must be cov- ments to the varied desires, needs, and inter- dency. To be successful by its own definition, ered immediately, simultaneously, and in a ests of their constituents. The sheer intellec- each of its policies must necessarily be ra- coordinated fashion. The comprehensive tual coherence of a plan does not protect it tional, coherent, and all-encompassing, policies themselves must all fit into a larger from the need to justify itself to the Amer- whether the issue is health care, energy, or comprehensive policy. Only thereby will ican constitutional system. The policy ap- education. And yet, as the early Progressives they cohere into a uniform and truly com- proach has not overcome democratic poli- knew all too well, critical elements of the prehensive ‘‘new foundation’’ for the revival tics, and so remains a profoundly problem- constitutional system—the executive cabi- of the economy. atic way to try to govern our democracy. net, federal decentralization, the separation But as Obama’s proposals begin their jour- of powers, and the extended commercial re- neys through the requisite institutional THE PERSISTENCE OF THE POLITICAL public—serve to shred and fragment policy hoops, they will inevitably begin to lose Progressivism was initially attracted to proposals as they make their way from the their coherence and uniformity. A policy social science precisely because it would per- minds of their expert designers through de- czar may entertain a single, overarching vi- mit us to avoid or transcend political con- partmental bureaucracy and legislative com- sion, but the various and often conflicting flict grounded in irresolvable economic and mittees (not to mention their hearings in the cabinet secretaries under his supervision, moral differences. Meticulous empirical re- court of public opinion). Once enacted, the along with their vast attendant bureauc- search that assembled all available data execution of policy is similarly trammeled racies, may have very different interpreta- about a given problem would, Progressives by our political system’s fragmented dis- tions of that vision and of how it is to be im- believed, provide a solid, indisputable, persal of administrative authority. The re- plemented. And congressional bargaining is shared ground for subsequent deliberation. sult is often policy that is irrational, inco- never kind to fragile policy gems containing Indeed, social-science data would be so com- herent, and partial. Policies not designed to numerous carefully interconnected parts pelling that the solution to the problem take account of that reality usually turn to that must all be preserved intact in order to would likely emerge from its own scientif- mush in practice. work. ically rigorous description. It’s not just that This failure to heed the realities of our pol- The Obama agenda is particularly vulner- facts would be more important than values: itics often first presents itself in the form of able to congressional distortions of execu- Facts would suggest the most plausible val- an overly ambitious agenda that ignores the tive intentions, owing to what might be an ues. Or, as the American pragmatists be- nature of the legislative process. Pressed to over-corrective reaction to the lessons of lieved, what works best to help us grasp and take on too much at once in pursuit of holis- President Bill Clinton’s health-care reform shape reality becomes the moral good. tic reform, the system overheats quickly and proposal—which died without a congres- We find traces of this thinking in The Au- easily. President Jimmy Carter discovered sional vote in 1994. The Clinton administra- dacity of Hope. ‘‘I understand that facts the risks of this approach when, as political tion, too, embraced a version of the policy alone can’t always settle our political dis- scientist James Ceaser reminds us, he pur- approach, believing that health-care reform putes,’’ Obama concedes, but ‘‘the absence of sued his own version of a policy presidency. could be accomplished only by addressing all even rough agreement on the facts puts ‘‘Imbued with a technocratic perspective to- the pieces within a coherent and unified sys- every opinion on equal footing and therefore ward problem solving,’’ Ceaser writes, tem. Clinton, too, argued that the nation’s eliminates the basis for thoughtful com- ‘‘Carter seemed to view the task of gov- economic recovery from the recession of the promise.’’ He insists, however, that ‘‘some- erning in terms of the management of com- early 1990s depended on it. His Task Force on times there are more accurate and less accu- plex and interrelated policies.’’ Or, as Carter Health Care Reform brought together more rate answers; sometimes there are facts that speechwriter James Fallows noted toward than 500 experts from all relevant federal de- cannot be spun, just as an argument about the end of Carter’s administration, he partments, legislative staffs, governors’ of- whether it’s raining can usually be settled ‘‘thinks he ‘leads’ by choosing the correct fices, and universities to produce a massive, by stepping outside.’’ Clearly, Obama’s policy,’’ and so he came to hold ‘‘explicit, 1,000-page proposal. It covered every conceiv- heavy reliance on policy expertise is de- thorough positions on every issue under the able aspect of health care—down to estab- signed not just to produce more accurate an- sun.’’ lishing limits on the number of specialists swers, though that is surely a critical goal. The Carter administration therefore gen- that medical schools could produce. It also aims to quell the shrill exchange of erated a flood of elaborate and complex pro- In Boomerang, her account of the Clinton equal (because equally baseless) opinions posals covering energy, housing, welfare re- reform plan, Harvard sociologist Theda that, in his view, has come to characterize form, income policy, families, neighbor- Skocpol suggests that since the task force American politics. Where available—and hoods, and urban affairs, among other issues. ‘‘made such a gargantuan effort to come up Obama intends to multiply the situations To take urban affairs as an example, Carter’s with a truly comprehensive plan for reform— where they are available—pure non-political call for ‘‘A New Partnership’’ insisted that a plan thought at the time to be both tech- facts will provide the grounds for the resolu- we ‘‘must carefully plan the total range of nically and politically workable—there was tion of policy questions, fulfilling Progres- Federal, State, and local actions’’ in urban a natural tendency for administration plan- sivism’s faith in the natural and social areas. To accomplish this, the partnership ners to see their proposal as a logical sciences. laid out, as urban planner Charles Orlebeke achievement to be ‘explained.’ ’’ That is, the But what then to say about the increasing put it, an ‘‘elaborate edifice’’ of seven gov- planners could not bring themselves to dick- use of social-science data by conservative erning principles, four goals, ten policies, er with Congress over the specifics, because scholars, who seem to use it to provoke and

VerDate Nov 24 2008 01:43 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JA6.010 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S68 CONGRESSIONAL RECORD — SENATE January 21, 2010 sustain, rather than to ameliorate, partisan those outmoded, yet stubborn, values—not fundamentally an error, or a function of a conflict with Progressive reformers? Some social science. temporary lack of information. It begins, in liberals simply insist that what conservative President Obama knows, however, that other words, from the contention that de- scholars produce is inferior or false social whatever the state of the policy approach’s mocracy is an illegitimate, or at least a science, because it is produced in service of epistemological foundations, it is vital to highly inadequate, way to govern a society. ideology rather than objective truth. Eric making the case for his political project. For This is a deeply anti-political way of think- Wanner, former president of the liberal Rus- example, he can insist that he is undertaking ing, grounded in a gross exaggeration of the sell Sage Foundation, insists that ‘‘the AEIs only reluctantly, and certainly without self- capacity of human knowledge and reason. and the Heritages of the world represent the ish ambition or ulterior motive, a massive American politics as we have known it ap- inversion of the Progressive faith that social and ambitious expansion of government into preciates the fact that fallible men and science should shape social policy.’’ In his major segments of the American economy women cannot command the whole—and so Paradox of American Democracy, John Judis because it has been shown necessary. ‘‘I must somehow manage the interactions and complains that conservative think-tank don’t want to run GM,’’ Obama told report- the tensions among parts. Social science— scholars ‘‘did not seek to be above class, ers as he initiated a government takeover of however sophisticated it might now be—has party, and ideology’’ like earlier, disin- the company. The decision was not driven by come nowhere near disproving that premise. terested social scientists, but rather ‘‘were personal choice, he seemed to suggest. It was Unless it does, social science will always best openly pro-business and conservative.’’ They simply what a thoroughgoing and effective serve politics by helping to address the par- thereby ‘‘rejected the very idea of a dis- policy approach demands. As Ceaser points ticular problems that bedevil society as they passionate and disinterested elite that could out, ‘‘to speak of a policy for any given area arise, rather than treating society itself as focus on the national interest.’’ of activity already implies that that area is one large problem to be solved. But the notion that there is true and false a matter for legitimate superintendence by This is not because society is not in fact an social science relies on our ability to locate government.’’ Only an unsophisticated rube intricate web as the early Progressives as- a fixed and universally accepted standard ac- would mistake the pristinely objective dic- serted, but precisely because it is—a web far cording to which we can say that some con- tates of the policy approach for ‘‘socialism.’’ too intricate to be reliably manipulated. We clusions are beyond dispute because they are But the mention of unsophisticated rubes are not capable of weaving our society anew empirically true. Certainly that was the ini- points to a final possible problem for Presi- from fresh whole modern cloth—and so we tial Progressive vision for social science. Yet dent Obama’s policy approach, this one re- should instead make the most of the great the policy and social sciences have come no- lated to America’s commitment to demo- social garment we have inherited, in its rich where close to such a standard in assessing cratic self-government. Obama’s techno- if always unkempt splendor, mending what is society. In 1979, Edward Banfield wrote that cratic rhetoric is meant to be soothing and torn and improving what we can. the ‘‘persistent efforts of reformers to do reassuring to an American public fed up with Our constitutional system is constructed away with politics and to put social science intractable ideological division: Many of our on this understanding of the limits of reason and other expertise in its place are not to be problems will resolve themselves once we and of the goals of politics. Every effort to accounted for by the existence of a body of have collected the facts about them, because impose the policy approach upon it has so far knowledge about how to solve social prob- facts can ground and shape our political dis- ended in failure and disappointment, and lems,’’ because no such body exists. Indeed, cussions, deflating ideological claims and done much lasting harm. President Obama is he continued, ‘‘there are few social science leaving behind rational and objective an- now attempting the most ambitious such ef- theories or findings that could be of much swers in place of tired old debates. But in fort in at least 40 years. He brings consider- spite of several decades of data production help to a policy maker.’’ able talent and charm to the attempt—but Ten years later, Ronald Brunner noted in by social science, American politics has the obstacles to its success remain as firm Policy Sciences that it was difficult to assess proven itself to be remarkably resistant to and deeply rooted as ever. the usefulness of the policy movement, be- the pacifying effects of facts. It has contin- Mr. ALEXANDER. Madam President, cause its ‘‘various parts tend to differ in ued to be driven, as James Madison pre- dicted, by the proliferation and clash of di- I yield the floor. their judgments of the relevant standards, The ACTING PRESIDENT pro tem- data, and inferences to be drawn from them, verse ‘‘opinions, passions and interests.’’ Indeed, as Madison put it, ‘‘as long as the pore. The Senator from Nebraska. whenever their judgments are made ex- reason of man continues to be fallible, and plicit’’; nonetheless, the policy approach’s f he is at liberty to exercise it, different opin- ‘‘results typically have fallen short of the as- ions will be formed.’’ It may be that, in the THE NATIONAL DEBT pirations for rational, objective analysis.’’ end, the proponents of the policy approach Mr. JOHANNS. Madam President, I Positivist social science had ‘‘assumed that disagree with Madison’s premise that reason if the behavioral equivalents of Newton’s rise today to speak in support of a is fallible. But if that is their view, they can pending amendment. This amendment laws could be discovered, they would provide hardly claim much empirical evidence for it. a basis for rational and objective policy. Ra- Though Madison believed the most com- is called the Erasing Our National Debt tionality would be served because the con- mon source of different opinions to be prop- Through Accountability and Responsi- sequences of policy alternatives could be pre- erty, he also understood that Americans bility Plan. I wish to start out today dicted with precision and accuracy,’’ while were likely as well to divide along religious by saying I am very proud to be a co- the ‘‘valid system of generalizations would and moral lines, reflecting convictions about sponsor of what I consider to be a very reduce controversy in the policy arena.’’ But ultimate questions of good and evil that can- still, according to Brunner, ‘‘after roughly commonsense amendment. not be resolved through scientific reason. The Troubled Asset Relief Program, four decades of behavioral research, positiv- This does not mean they take in only part of ists have not yet discovered universal cov- the picture, but that they disagree about known as TARP, was enacted in the ering laws that predict human behavior with what is best for the whole, for reasons that fall of 2008 for the U.S. Treasury to buy accuracy and precision.’’ run deep. These disagreements, although toxic assets, primarily mortgage- In short, policy science cannot be depended they do not always lend themselves to sci- backed securities. It was sold to Con- upon to dampen or eliminate conflicting entific analysis and technical solution, gress as having a sole purpose of get- points of view because it is itself riven by speak to genuine human yearnings and con- ting bad assets out of the market. It deep divisions over how best to develop, ana- cerns. They are often rooted in many cen- was sold as an idea of stabilizing the lyze, implement, and evaluate public policy. turies of experience and wisdom, and can And these divisions cannot be explained hardly be dismissed as irrelevant to the life economy. At the time this was sold, away by a conservative conspiracy to dilute of a liberal society—let alone as illegitimate this was it. This is what we told people genuine, objective social science with a spu- subjects for political debate. this was going to do. Supposedly, it rious, ideologically driven imitation. Social This leads to the most troublesome impli- was going to be a one-time, very nar- science begins from one place or another in cation of Obama’s policy approach, which re- rowly focused program during a time of society, and can do great good that way. But vealed itself in what might have been the the worst economic crisis we had seen it cannot step outside the circle of our social chief blunder of his presidential campaign: in decades. Lawmakers at that time life; no human activity can. his offhand remark that some Americans The Obama administration will of course continue to ‘‘cling’’ to guns and religion in were warned that if we do not act now, insist that its policy plans are rooted in the face of adversity. The comment betrayed if we do not take this action, the fail- unassailably objective research. But there Obama’s debt to the Progressive view that ure to act is going to be devastating. may well be equally compelling research such parochial values are poor substitutes Yet Washington, after it got approval supporting contrary conclusions, and the de- for a sophisticated understanding of the larg- of this plan, almost immediately threw bate between them cannot be resolved by in- er networks of causality that determine the out the original game plan. Money was sisting that true science supports only one lives of everyday Americans. In light of such not used to buy those troubled assets. kind of conclusion. Often the origins of the an understanding, the old debates that grip Instead, it was given to large banks dispute have to do with people’s sense of the American politics may well look rather ri- most important questions to ask, the most diculous. with very few strings attached. The critical goals to set, or the highest ends of The policy approach begins from the as- government hoped banks would gen- society. These are generally determined by sumption that those old disagreements are erate small business loans, and would

VerDate Nov 24 2008 23:34 Jan 21, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JA6.012 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S69 send the money out to allow people to accountability TARP slush fund. This down, costing us dramatic numbers of do auto loans and mortgage loans. amendment would immediately stop jobs and failures in the business com- That simply did not happen. There is the Treasury Department from spend- munity. So I voted for TARP. It plenty of finger-pointing going on as to ing more from the TARP funds. It seemed like one of the few things we why that did not happen, but the bot- would repeal the administration’s ill- could do that might have some chance tom line is that consumers were left to advised extension of TARP through Oc- of stabilizing the economy. battle the credit crunch alone, and tober 2010. It would require TARP re- Of course, it is not the most popular they felt abandoned in their fight. payments to reduce our national debt. program in America. The idea of tak- What did Washington expect when it There would be no clever statutory in- ing hundreds of billions of dollars of gave away practically free money? terpretations to get around the debt re- taxpayers’ money to give to banks and From the get-go, the TARP rule book duction requirement. A payment comes investment operations that have was simply tossed out the window. in, the debt ceiling goes down. No more failed—literally to the point of fail- Since then, TARP has morphed in so reckless spending. No more Russian ure—seemed to be a rescue effort for a many ways that most people cannot roulette with taxpayers’ money. Not group that doesn’t usually garner even remember, cannot even think only is this common sense, but it is much sympathy, in terms of the activi- about its original purpose. good fiscal sense, and it is the right ties they are engaged in day to day. The American people have unques- thing to do. The money went to a large share of tionably lost faith in the $700-billion One thing is absolutely obvious: Tax- these banks and financial institutions, taxpayer-funded boondoggle. They ex- payers are asking us to work together and the net result is, virtually all of pected it to get the economy up and to get deficit spending under control, them were saved from collapse—all but lending. Now they feel duped, and I do to find solutions to problems that trou- Lehman Brothers, which had failed be- not blame them. Instead of jump-start- ble this great Nation. This amendment, fore this request. ing lending in the economy, what this in my judgment, is absolutely the first So the economy moved forward. Then has turned into is a revolving slush step, a good start to get a handle on the bankers repaid the effort of the fund for unrelated spending projects. It out-of-control spending, to start re- American taxpayers by announcing— just goes on and on. storing faith with the American people. many of them—they now felt times Let me run through a sample of what If TARP is ended, we show the Amer- were so good for them they could start TARP has been used to fund: ican people that we are listening and declaring bonuses for their officers and No. 1, buy General Motors. Who knew that Congress is, in fact, serious about their employees—bonuses. that the U.S. Government would spend protecting taxpayers’ money. In the real world of 40-hour work about $50 billion of TARP buying not Madam President, I yield the floor, weeks and day-to-day grind, most peo- only an ownership interest in General and I suggest the absence of a quorum. ple see a bonus as a reward for good Motors but a controlling interest? The ACTING PRESIDENT pro tem- performance or successful performance. Back home in Nebraska, when I have pore. The clerk will call the roll. Many of these financial institutions talked to Nebraska citizens about this, The bill clerk proceeded to call the were literally the victims of their own I say to them: If I had come out during roll. greed and their own malice and their my campaign and suggested that the Mr. DURBIN. Madam President, I ask own poor planning. Then, after tax- President of the United States would unanimous consent that the order for payers rescued them with TARP literally over a weekend have the abil- the quorum call be rescinded. money, they wanted to turn around ity to buy General Motors without any The ACTING PRESIDENT pro tem- and reward themselves for good con- kind of congressional approval, no pore. Without objection, it is so or- duct. It grated on the American people one—no one—would have believed me. dered. and this Senator as well. Yet that is exactly what happened. f TARP, which was initiated to keep No. 2, there is a plan called cash for these banks from failing, is one which caulkers. We all know about that plan. TARP few of us would step up and say: Well, No. 3, the House passed a second Mr. DURBIN. Madam President, a let’s try that again. That was a great stimulus—$150 billion in TARP to fund speaker on the floor earlier—Senator idea. I, frankly, think it was probably more unrelated spending. Let me give a JOHANNS of Nebraska—was talking few examples: $800 million for Amtrak; a necessary thing to do at the moment, about TARP, and many of us recall $65 million for housing vouchers; $500 but it is not a model I wish to recreate, million for summer youth employ- this was a program started under the certainly when you look at the reac- ment; $300 million for a college work previous administration. President tion of the banks after we helped them. study program. Bush and his Secretary of the Treas- But the Senator from Nebraska comes ury, Henry Paulson, came to us, along to the floor and basically says: Let’s No. 4, the doc fix—$1⁄4 trillion in TARP that will never be paid back, an with Federal Reserve Chairman Ben liquidate and end this program. On its immediate loss to the taxpayers. Bernanke, and basically told us Amer- face, that sounds like a good idea but No. 5, off-budget highway funding. ica’s economy and perhaps the global for one thing: Now some of these banks I could go on and on. The list just economy was on the edge of an abyss; and financial institutions are paying us does not end. The projects being funded that we could see what looked like an back with interest. We had hoped they out of this now new slush fund do not economic downturn turn into not only all would. Maybe most of them will. seem to have an ending point. Some of a recession but worse if we didn’t act The taxpayers deserve that. these projects might be quite meri- and act quickly. Money that is coming back in is not torious. One might look at them and The proposal they made was to go like found money. We anticipated a say: Gosh, in the normal budgetary after what they called toxic assets, and payback. But it is money which creates process, I would want to be a part of so they created a program called the an opportunity. Now the Senator from voting for those projects. I might sup- Toxic Assets Relief Program—TARP. Nebraska would have us basically port some of them in the normal budg- They asked for some $80 billion—an eliminate that program and the money eting process but not through some no enormous sum of money—in order to coming in could not be spent for other accountability slush fund. go to financial institutions that were purposes. I think that is a mistake. We TARP has spiraled out of control, teetering on the brink of collapse and spent up to $800 billion to rescue Wall and it needs to end today—imme- save them, in the hopes that in doing Street. As the cliche goes, it is time for diately. TARP was never intended to so, they could stabilize our economy. us to consider spending that money to finance a wide array of spending pro- Even though I took a few economics rescue Main Street. For instance, if we grams where the taxpayer literally was courses in college and have followed took a substantial portion of the TARP going to be the loser. We must find a the course of American business, at money coming back from the big way to pay for government spending, least as a casual observer, it was hard banks, and the interest coming back not try to disguise it in TARP. to argue against their request because from the big banks, and redirected it to I am asking my colleagues to adopt my fear was that failure to do anything community banks expressly for the the Thune amendment and end the no- would, in fact, bring this economy purpose of providing credit for small

VerDate Nov 24 2008 23:34 Jan 21, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.004 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S70 CONGRESSIONAL RECORD — SENATE January 21, 2010 business, then I think we would be en- is going to take that paycheck home leader, as well as the majority leader, gaged in an effort that most Americans and the family is going to spend it. As Senator REID, about the so-called agree will save businesses, save jobs, they spend it, the shopkeepers and oth- Christmas bomber who was caught in and even create the opportunity for ers where they do business are going to the act trying to detonate some type of more jobs. If we do not take the TARP profit and they will respend it. That is explosive or inflammatory device on an money to do this, we know what is how the economy starts to churn for- airplane. We have had extensive hear- going to happen: banks, large and ward, and that is how jobs are saved ings. small, will continue to deny credit to and created. The President has gone into quite an small businesses. As a result, many of We should not let our frustration extensive investigation in terms of any them will fall, few of them will expand, over the greed and selfishness of the failure in our security efforts and what and the economy will continue to move biggest banks in America and financial happened on that day. I believe the forward in a more positive way but at institutions that literally thumb their President’s candor and honesty have a glacial pace. noses at taxpayers lead us to close been helpful. He has acknowledged the I would say to the Senator from Ne- down an opportunity to take these fact that we could have done a better braska, if he went back to Omaha as I TARP funds and turn them into jobs in job. We collected a lot of information, go back to Chicago and Springfield in America, turn them into a lifeline for and pieces of it, when they were consid- my State and meet with small business small businesses. ered together, really pointed toward a owners, he would find they are des- Many people look at our economy problem—that this man never should perate for this credit. Why not take the today and say it is not good enough— have been allowed to get on this air- money that once was directed to the and they are right. I have to echo the plane. The President has acknowledged large banks, now paid back to our Gov- sentiments of one of my colleagues in that, as well as his national security advisers. ernment, and redirect it to smaller our delegation, Congressman PHIL Now a question has arisen as to what businesses? That really is the bedrock HARE, who says if he hears the phrase to do with this suspected—alleged ter- of our economy. I hope the Senator ‘‘jobless recovery’’ one more time, he is going to get sick to his stomach. I rorist from Nigeria. He is currently from Nebraska will reflect on that. His being held, incarcerated in a Federal agree with him. A recovery is a recov- anger about what the big banks did prison in Milan, MI, which is 60 miles ery if, in fact, jobs are restored and after we rescued them should not be west of Detroit. That is not unusual. In created. We need to focus on that as vented on small businesses in Nebraska fact, 350 convicted terrorists are being well. and Illinois that need credit assistance. detained in Federal prisons across Make no mistake, we have made It is also possible to take some of America, including in my home State. some progress over the course of last these TARP funds and turn them into a They are being safely held without any year since President Obama took of- rescue for a lot of victims of the cur- fear in the surrounding community be- fice. I just remind my colleagues and rent recession. For one, we should be cause our professionals at the Federal spending this money to help a lot of those following in floor comments that Bureau of Prisons know how to do their projects get underway which will help last April the Dow Jones index was at job and do it well. build the economy. about the 6,000 to 7,000 range. Today, it The question is whether he should be I just had a meeting in my office is 10,000. It indicates more confidence investigated and prosecuted in a mili- with a group of mayors from Illinois. in the future of our economy, more in- tary commission or in the courts of the The mayors from across the Nation are vestment in our stock market, and I land. Some say that if he is a suspected here in Washington. The story they hope an end to the fear and lack of con- terrorist and not a citizen of the bring is common no matter where they fidence which were part of the worst of United States, then send him to a mili- are from. They have seen a downturn our recession. tary commission because terrorism is, in revenues—sales tax revenues and We have also seen the unemployment in fact, a war against America. That on property tax revenues—and an in- figures. Job losses were more than its surface has some appeal. They also creased demand for services. That is 700,000 a month when President Obama argue that if he goes through the being played out at every level of gov- took office. Now they are coming down, courts of our land, he is going to be ernment—local, State, and Federal—so and that is good. I will not be satisfied, given certain privileges we accord to many of them do not have the re- nor will the President, until they are citizens when they are arrested and sources to take care of basic problems, on the positive side of the ledger. But tried which he might not otherwise from the repaving of streets to the we have made some progress. I think have if he goes through a military com- building and rebuilding of essential in- the latest unemployment monthly fig- mission. There is some value to that frastructure. What they are asking us ures were in the range of 80,000 to statement as well. for is help so they can meet those basic 100,000. That is a long way from 700,000, Here is what we have found. Here is needs and at the same time create jobs but it gives us a lot of ground to travel the track record. Since 9/11, we have in doing it. before we catch up. had over 190 convictions of terrorists in There was a TIGER grant application I would say the administration has us the courts of America, the criminal under this new administration’s stim- moving in the right direction. We not court system of America, our Federal ulus bill that gave local units of gov- only have to stick by the stimulus bill courts—190. We have had three, lit- ernment a chance to put on the table which the President proposed and erally three who have been prosecuted critical projects they could initiate which we supported on the Democratic by military commissions. So those who and create jobs in so doing. The com- side of the aisle with a handful of Re- are trying to push more and more pros- petition was fierce—$60 billion in appli- publican Senators, but we also have to ecutions into military commissions cations for $1.5 billion in funds. It think about the next stimulus, the should look at the scoreboard. The shows you there is a pent-up demand next jobs program which will create scoreboard tells us we have a strong there for these infrastructure projects. good-paying jobs and help small busi- track record of prosecuting terrorists The rate of unemployment in the nesses survive. That is essential. I hope in our courts, whether it is Richard construction industry in America is we do not let some amendment come Reid, the shoe bomber, with a similar much higher than the average—almost along which literally takes away the mode of operation as the man who was twice the average in most States. If we source of funds we may need for this arrested on the Northwest Airlines take these TARP funds coming back to next jobs stimulus. Whether you are in plane, or a suspect arrested in Peoria, our Treasury and redirect them into a Republican State with Republican IL, Mr. Al-Marri, who was incarcerated infrastructure grants such as TIGER Senators or a Democratic State with in Marion, IL, the regular prison. They grants, we would be creating new op- Democratic Senators, it makes no dif- went through the regular court system, portunities for building infrastructure ference; unemployed people need a successfully prosecuted and put away. critical to our economy and creating fighting chance to get their jobs back. Moussaoui, the suspected 19th terrorist jobs immediately. That construction TERRORIST DETENTION on 9/11, has been given a life sentence worker who goes back to work making There were comments on the floor by and is now in a maximum security fa- certain we have good roads and bridges the minority leader, the Republican cility in Florence, CO. We will never

VerDate Nov 24 2008 01:43 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.006 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S71 hear from him again, nor should we. He earlier, 350 convicted terrorists are scenes were from New Orleans, as we went through our regular court system. being held in Federal prisons across remember, or Plaquemines Parish or Those who want to close off our reg- America today, including other prisons St. Bernard or Galveston or Gulfport or ular court system to the prosecution of in Illinois. Second, this Christmas Biloxi, those scenes are still quite fresh terrorists ignore the obvious: that has bomber, who was caught on the North- in the minds of Americans. been the most successful way to pros- west Airlines plane, is being held in I think people are thinking the same ecute and to incarcerate and keep Milan, MI, a Federal prison 60 miles way I am, which is, when will we ever those who are accused of terrorism and west of Detroit, without incident or get this right? We know sometimes to keep America safe. Let’s not have an concern. It is an indication to me that things happen that are unpredictable, automatic, visceral reaction that every our Federal prison system is fully ca- but this is not one of those cases ei- time terrorists are somehow arrested, pable of incarcerating suspected terror- ther. Just like some parts of the they need to be tried in a military ists and those who have been con- Katrina disaster were quite known and commission. Let’s give this adminis- victed. Those who would spread fear predictable, this too, and that is a tration the option. Let them decide that somehow bringing them to the story for another day. which forum works best to bring jus- continental United States is going to But as we struggle through this situ- tice and to protect America. In some compromise our security have yet to ation, I want to thank the administra- cases, it may be military commissions. point to one single instance where a tion, not only ours but administrations We recently had Attorney General prisoner detained in a super-max facil- around the world, for what they are Holder testify that he sent five sus- ity has ever escaped. trying to do, and say I know we can do pected terrorists to be tried through This Thomson prison, incidentally, is better and everybody watching this military commissions and five through going to build a new perimeter fence knows we can do better and one day we the courts of our land. Give the Depart- which will make it the safest, most se- will. We are going to do what we can as ment of Justice and the Department of cure prison, not only in the United quickly as we can. I am going to stay Defense that latitude to pick the best States but perhaps in the world. focused, with many of my colleagues place to achieve this type of prosecu- The people in this community, with here, on one aspect of this response and tion. the prospect of 3,000 new jobs in this recovery; that is, the aspect of children I understand that in this case, the so- weak economy, are anxious for this and particularly orphan children. called Christmas bomber, there was a prison to get up and running. I have been very proud to be the lead- fumbling in terms of which direction They have come out politically, both er of the coalition in this Congress of the case should go. There is no excuse political parties, those who have been over 220 Members. We are completely for that. We have to learn from that elected to office at every level, sup- united and completely nonpartisan in mistake, and we have to make certain porting this Thomson prison. I think our advocacy for orphans in America it does not happen again. But to say what has happened to this alleged ter- and around the world. This is a mo- that automatically every suspected rorist from the Northwest Airlines ment where I would like to spend, al- terrorist has to go to a military com- flight in Milan, MI, is proof positive though my time is short, saying this is mission is to send them into a venue, a that we can continue to hold these ter- a good time for us as a country and as court venue, with rules that are cur- rorists. We do not have to stand in awe Members of Congress to try to under- rently being developed and tested and or fear. We should stand without quak- stand the magnitude of the challenge are likely to be challenged by courts ing and trembling and understand that before us. all over the land. To send them into we can look these terrorists in the eye Let me begin, before I go into the sit- our regular court system is to bring and say: We can put you in this prison, uation, to personally and by name them into a system with an established and you are going nowhere, buddy. thank the Members of the Senate who set of laws, established precedent, That is what has happened to this per- have stepped up to date quickly and where we have successfully prosecuted son and will happen to those who are forcefully to join this effort. Your over 190 alleged terrorists since 9/11, detained in Thomson, IL. name, Madam President, is at the top while in military commissions only 3— I see my colleague from Louisiana is of the list, the junior Senator from 190 to 3. The score is overwhelming. I here. I yield the floor. New York. We thank you for your ex- think we ought to take some consola- The ACTING PRESIDENT pro tem- traordinary leadership. I also thank tion in the fact that our court systems pore. The Senator from Louisiana. the Senator from Colorado, MARK have worked so well. f UDALL; the Senator from Massachu- Let me make one other point. The setts, JOHN KERRY; the Senator from administration has asked, in my State HAITIAN ADOPTIONS Michigan, CARL LEVIN; CHRIS BOND of Illinois, if our Governor and general Ms. LANDRIEU. I thank my col- from Missouri; ARLEN SPECTER from assembly will accept the creation of a league from Illinois for his passionate Pennsylvania; BOB CASEY from Penn- new Federal prison in Thomson, IL, and coherent and convincing argu- sylvania; HERB KOHL from Wisconsin; which will be used for both Bureau of ments about the issue of how to detain MARK WARNER from Virginia; Senator Prisons regular detainees and those terrorists and knowing that we can do BARRASSO; Senator JOHNSON; Senator who are incarcerated, as well as a sec- that very well in the United States, BENNETT; Senator STABENOW; Senator tion where fewer than 100 of the re- and also his explanations about the fi- BILL NELSON from Florida; Senator maining Guantanamo detainees will be nancial situation and some of the LAUTENBERG; Senator THUNE; Senator held under military supervision. Our things the President is doing to correct MCCAIN; Senator MENENDEZ; and Sen- State has considered it. We recently, in that situation. ator HUTCHISON; and my cochair in all December, had a commission decide But I came to the floor this morning of this, obviously, Senator INHOFE. that this surplus prison, which is 8 in morning business to talk about a We are a bipartisan group. Our num- years old—a state-of-the-art, modern, different subject, and one that is quite bers are growing every day, numbers of super-max prison—will be sold to the troubling to Americans as we watch Senators who say we want to focus on Federal Government. We are now nego- the unfolding horror in Haiti. As we the welfare of children and particularly tiating between the State of Illinois stand ready and willing to do every- orphans and come up with a better plan and the Federal Government about the thing we can, not only as leaders in the to respond to this humanitarian dis- price of that facility. I hope that nego- Senate and Congress, our constituents aster as it relates to them. We are com- tiation is resolved soon. I look forward are leaning forward wanting in every mitted to the fundamental—almost a to its completion. corner of this country to do everything concept that I do not know how anyone The critics of opening the Thomson they can to help. could argue, but people do, that all of Federal prison in Illinois argue that it It is very frustrating to see, again, us understand that children actually is unsafe for us to detain any of the some of the similar, almost eerily simi- belong in families. I know this is a dif- Guantanamo prisoners in the conti- lar scenes from having lived through ficult concept for some people in our nental United States. Those critics Katrina and Rita, Gustav, and Ike country and the international commu- overlook the obvious. As I mentioned along the gulf coast. Whether those nity to grasp. But children do not do

VerDate Nov 24 2008 23:34 Jan 21, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.007 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S72 CONGRESSIONAL RECORD — SENATE January 21, 2010 well alone. Children do not do well in who brought them into the world. manitarian parole for the orphans who orphanages, no matter how well they When they are separated from those were in the process of being adopted, are run. Children do not want to grow parents, through death or disease or and there were a couple hundred. Par- up in group homes of which we have famine or war, they are then to be ents here have been desperate. They thousands of children in our own coun- placed, as quickly as possible, with a have already been matched with their try in group homes. relative who is willing and able to raise children. They have pictures of their Actually, children want to grow up in them. children. They were in the process of families. This may be a startling con- If I passed away, the Presiding Offi- adopting those children. You can imag- cept for some but not for us. That is cer knows my sisters or one of my ine how desperate they are. That proc- why we advocate for child welfare poli- brothers would step in. If my husband ess is underway. cies that at its beginning, middle, and and I died, my sisters and brothers We are going to continue to press to end advocate the basic fundamental would step in to raise our children. make sure that not just the green light truth that children are best raised in a That is normally what is done all over was held up, but that our government family with one responsible parent if the world. It is no surprise. But when at every level, from Defense to Home- not two. We do not think there should there is no family member to take in a land Security to Transportation, is be any argument about that. So we are child, then the treaty says you shall doing everything they can to execute puzzled as to why we have so many dif- find a home for that child somewhere the swift and safe removal of these ficulties sometimes explaining that in in their country, in their community, children in Haiti to American families situations like Haiti or in America or which makes sense. Culturally, that who will nurture them and support in places in Africa or Central America makes sense. them. Then the next step—I see my col- around the world. There are so many While I am a big believer in cross- league from Utah here—I am going to barriers to adoption. It breaks our cultural adoption and biracial adop- tion—I am a huge supporter of that— end in just a moment. The next step hearts. It just breaks our heart. One will be to work with a broad coalition but I understand we want to try to barrier after another. of faith-based communities in our place children as close to their initial We think this is quite simple. We country and around the world, with beginnings as possible. When that be- think these barriers have to come private sector corporations, large and comes impossible, it is our job to find down, and we are determined to pull small, with individual Americans who this out. them a home somewhere else in the want to contribute and be a part of this I want to give some numbers to you human family because, after all, we are effort. that will be startling to you because one human family. If anybody would I intend to lead and set up a frame- they are to me. like to come to the Senate floor to dis- work so that thousands and thousands, In America we have 320 million peo- agree with me, I look forward to debat- hundreds of thousands of orphans in ple approximately. We have 100,000 or- ing that with them. I do not think I Haiti can find the family to which they phans. There are a lot of orphans in our will find any arguments here among were born. We are going to try very own country. They are invisible to peo- Senators, from the very conservative hard. If not, a relative in Haiti, if not ple. We try to bring their pictures to to the most liberal. It is just a basic someplace in Haiti for them to live in the Senate floor sometimes and tell moral tenet that we are one human the joy and comfort of a supporting people there are 100,000 magnificent family. So it makes me so angry when and loving family, and then if not here, children of all races, shapes, and sizes I see governments, sometimes even our then somewhere in the world where who are in need of a family right here own, sometimes even our own bureauc- these hundreds of thousands of or- at home. We do our best to promote do- racy, sometimes even our own embassy phans—and I hope not to say this, but mestic adoptions and have been doing a fighting that concept. They throw up potentially 1 million; but let’s hope much better job. their hands and say: We just cannot. It that number does not ever reach this— Americans adopt about 120,000 chil- is overwhelming. We cannot find a way find families. dren a year, mostly from our foster to do it. Every excuse in the world to This is not going to happen in the care system, some infant adoptions in keep these children from the one thing next 24 hours or 48 hours. But with our America, and, happily, 20,000 inter- they need most, which is a parent, concerted help and vision and leader- national adoptions. But when you hear someone to love them. ship, it can happen not just in Haiti this number, you would fall down if If anyone thinks that just feeding but around the world, including right you were not sitting down. Haiti has 9 children and clothing children is what here in the United States of America. million people. Remember, we have 320 God is calling us to do, I would beg to So I want to thank my colleague, JIM million, they have 9 million. They had differ. Yes, we have to keep them alive. INHOFE, who is the cochair of the Adop- 380,000 orphans before the earthquake Yes, we have to give them care. But tion Caucus. I want to thank the Mem- struck. what most importantly little human bers of the Senate and the House, par- I am going to repeat that. They have beings need are bigger human beings to ticularly JIM COOPER, MICHELE 9 million people. They had 380,000 or- raise them. If they do not get that, BACHMANN, and others who have phans before the earthquake struck. they end up not growing up in a strong stepped up so quickly. We cannot begin to estimate how many way. They end up in our prison sys- We will be speaking on this floor quite a few times in the future as we orphans there are today, but I promise tems. They end up in homes. They end get updates about this issue. I thank you that number has at least doubled. up sick. Not that every child that is in Americans for the outpouring of sup- Now, I am not going to be part of a a family in America, even with the port for children in Haiti, for all people system that says, with those numbers most loving parents ends up always of Haiti, but particularly the children and that truth, our job is to find those wonderfully, but they most certainly children, dust them off, fix their bro- and particularly the orphans who need have a better opportunity. our help. ken limbs, heal them physically, try to So I am just putting a line in the I yield the floor. help them emotionally, and then stick sand here and saying to my colleagues them in orphanages for the rest of that I am proud of the 40 Members of f their lives. I am not going to support Congress, House and Senate Members, CONCLUSION OF MORNING that. I am hoping the Members on this who sent a letter to Secretary of State BUSINESS side will not support that either. Hillary Clinton, who all of her life has The ACTING PRESIDENT pro tem- That is what we have had for the last been a leader on this subject. We are so pore. Under the previous order, morn- 50 and 100 years in terms of policy all grateful she is there as Secretary of ing business is closed. around the world, even in Haiti. We State. We sent this letter to Secretary f cannot have that anymore. The inter- Napolitano. I am going to put this let- national treaty that we have all been a ter in the RECORD. INCREASING THE STATUTORY part of trying to help says this: It says I am pleased the letter we just sent 3 LIMIT ON THE PUBLIC DEBT every child should stay in the family to days ago has already been responded The ACTING PRESIDENT pro tem- which they were born with the parents to. The Departments have issued hu- pore. Under the previous order, the

VerDate Nov 24 2008 23:34 Jan 21, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.008 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S73 Senate will resume consideration of nyms around here that we sometimes and came up with a solution that was H.J. Res. 45, which the clerk will re- confuse voters. Since I was part of the accepted in a bipartisan fashion. I said: port. negotiations that produced the bill All right. We will give Secretary The legislative clerk read as follows: known as TARP, I wish to lay that Paulson his $700 billion headline. We A joint resolution (H.J. Res. 45) increasing predicate for a moment. TARP stands will allow him to say the Congress has the statutory limit on the public debt. for Troubled Asset Relief Program. We authorized the Treasury Department to Pending: were focusing, at the time that bill was spend $700 billion dealing with this Baucus (for Reid) amendment No. 3299, in passed, on the impact of troubled as- problem of troubled assets. However, the nature of a substitute. sets on the financial system. the fine print makes it clear, they are Baucus amendment No. 3300 (to amend- Those who were present when Chair- only going to have authority for $350 ment No. 3299), to protect Social Security. man Bernanke and Treasury Secretary billion without coming back to Con- Thune amendment No. 3301 (to amendment Paulson spoke to us will remember gress to get approval for the second No. 3299), to terminate authority under the that they came to the Congress and Troubled Asset Relief Program. $350 billion. So the headline was there. said: We are facing a crisis, and we Secretary Paulson was able to get on The PRESIDING OFFICER (Ms. have 4 days before there is an entire the telephone and call all the central LANDRIEU.) The Senator from Montana meltdown worldwide. One of my col- bankers all over the world and say: The is recognized. leagues made the comment: I feel as Congress is going to approve $700 bil- Mr. BAUCUS. We are now on the debt though I am in a ‘‘James Bond’’ movie lion of authority. But the fine print limit legislation. In a second I will with this kind of threat hanging over said: You are going to break it up into cease speaking so the Senator from us. two tranches, the first 350 for imme- Utah can address the Senate. So a group of us who were members diate disbursal—and, again, that will I think we are making progress. of the Banking Committee met under take months to do—and then come Three amendments are now pending. the leadership of Chairman DODD and back for the second 350 after you see The first is the substitute amendment began the discussion. I will make it how it works. raising the debt limit amount; second, clear, the discussion was completely In the Senate, we approved that by a an amendment by the Senator from bipartisan. There was no attempt on large margin and it went forward. I South Dakota on TARP; and third, an the part of anybody, with maybe one or voted for that first tranche of 350 be- amendment by this Senator to protect two exceptions, to do any kind of par- cause I was convinced the challenge Social Security. We anticipate the Sen- tisan gamesmanship. It was, we are fo- was there and the crisis was real. ators from North Dakota and New cusing on the problem and what we Looking back on it and having testi- Hampshire will be offering their have to do to deal with it. The proposal mony from a wide range of economists amendment to create a budget commis- was made by the Secretary of the and observers before the Banking Com- sion sometime midday today. I am Treasury that he had to be equipped mittee, I am convinced that first vote hopeful the Senate can schedule votes with the authority to stand before the was the right vote. The crisis was on my Social Security amendment, the entire world and say: I have authority there, and the $700 billion headline did Conrad-Gregg commission amendment, from the Treasury to spend $700 billion indeed avert the crisis. and, perhaps, the pending Thune to deal with this problem of troubled Then, the administration came back amendment as well early this after- assets. and said: We need the authority for the noon. We are hopeful we can continue I called an economist whose judg- second $350 billion. At that point, I felt to process amendments, with the goal ment I trust before I entered into those the crisis had passed, and I looked at of wrapping up this legislation early activities and said: Tell me if this is the way the administration had han- next week. going to work. dled the first 350, which was different His first comment was: I am afraid Before I take a few moments to de- than what we were told, and I said: I $700 billion may not be enough. Be- scribe the amendment I offered yester- am not going to vote to approve the cause the crisis is so serious and the day to protect Social Security, I yield second 350. I don’t think you can make challenge to the confidence of the the floor so the Senator from Utah a case for the second 350, in the face of may address the Senate. banking system so deep, we do need something very dramatic, and $700 bil- the facts we have before us, that is, in The ACTING PRESIDENT pro tem- any way, as compelling as the case for pore. The Senator from Utah. lion might not be dramatic enough. But then he made a comment which the first 350. So I voted against the sec- AMENDMENT NO. 3301 I found very useful: But, in fact, Sen- ond 350. Mr. BENNETT. Madam President, I ator, the Treasury Department cannot Then, we saw this start to be used in thank the chairman of the Finance shovel $700 billion out the door in any ways that were never, ever discussed Committee for his courtesy. He has al- kind of rapid pattern. So this is more when we adopted that first tranche of ways been most accommodating, even of a public relations kind of statement 350. We saw it used for the auto bailout to those of us who disagree with him. than it is a practical matter. after the Congress refused to appro- That contributes to a sense of comity I said: OK, how fast could the Treas- priate money for the auto bailout. We in the Senate. I am grateful to him. ury spend the money in an effort to said: OK. These are not necessarily I am in favor of the Thune amend- start acquiring these troubled assets troubled assets of the kind that TARP ment, which will be voted on sometime and deal with this problem? was supposed to address, but it is some- this afternoon. I do not come to this He said: $50 billion a month is prob- thing we are going to do. As a result of brand new. This is an amendment I co- ably the fastest people could spend the that, the auto companies got $25 billion sponsored with Senator THUNE back in money, actually disburse the money. and the U.S. Treasury got stock in two October 2009. It has to do with the So when we got into the meeting and bankrupt companies—not my idea of a question of the survival or continu- started discussing what became TARP, good deal for the taxpayers. Then we ation of TARP. My constituents are I made the proposal, instead of giving have seen stimulus packages and other often confused as to what TARP is. them $700 billion, since they can only bailout packages and other activities There is an attempt many times to disburse $50 billion a month, why don’t and the TARP money being used in a wrap the whole question of bailout to- we give them $250 billion, which is 5 variety of different ways contrary to gether in any vote that has to do with months’ worth, and see if it works. The what we were told at the time we made the expenditure of Federal funds, in the response that came back from Sec- the first decision. face of the financial crisis we faced last retary Paulson’s office was: $250 billion One of the issues that was important year, as being called a bailout. So I ex- will not satisfy the marketplace as a to understand about that first decision plain to my constituents that there is whole that we are serious. was, we were going to acquire assets a significant difference between TARP I went back to the comment, again, and that when the crisis passed, those and stimulus funds or bailout funds of my economist friend who said even assets could be liquidated and money that were spent outside TARP and take $700 billion might not be enough. would come back into the Treasury. them back to the definition of what Without going into any further de- Yes, money would go out to the tune of TARP stands for. We use so many acro- tails, we went through the situation $350 billion, but as the crisis passed,

VerDate Nov 24 2008 23:34 Jan 21, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.010 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S74 CONGRESSIONAL RECORD — SENATE January 21, 2010 money would come back, we hoped, to with this in a congressional way. Let’s process from reneging on Social Secu- the tune of $350 billion and maybe even simply end TARP right now, making it rity’s commitment to those people and more because there was interest to be clear that the money, as it comes back, putting a lot of people back in poor paid on those areas where there were cannot be used for any other purpose. economic straits. loans. There were warrants that were The underlying resolution to which Numerous groups representing sen- established on those areas where there this amendment is being offered is one iors have called for excluding Social were investments. The assets them- to raise the national debt. This amend- Security from this fast-track process. selves were assumed to have more ment is one that will take steps to AARP, for one, recommends that So- value than they might have when we lower the national debt. I think it is cial Security be excluded from the acquired them. There were economic consistent with the history. It is cer- commission’s deliberations. This is studies at the time that said the tax- tainly consistent with the history I what AARP says: payers will make money off TARP. We have had on this issue trying to deal [W]e urge that Social Security not be con- will get the money back with interest, with the TARP problem right from the sidered in the context of debt reduction; this with additional revenue. very beginning. I think it is the right program does not contribute to the annual That has started to come to pass. At thing to do. deficit, and its long-term solvency can be re- solved by relatively modest adjustments if I am grateful to Senator THUNE for least of that first tranche of TARP, the they are made sooner rather than later. money has started to come back. Over offering this amendment. I am happy The National Committee to Protect $100 billion has come back for a variety to be one of the lead cosponsors, as I Social Security and Medicare also fo- of reasons. In some cases, because the was previously when we tried to sunset cused on Social Security, arguing that firms are capable now of paying it TARP on December 31. I will do every- it is inappropriate for such a commis- back; in some cases, because the firms thing I can to try to convince my col- sion. Here is what they wrote: want to get out from under the control leagues that while the recession clearly of the Treasury, the control that goes continues, the crisis that spawned Incorporating Social Security into such a commission would signal to America’s sen- with having a Treasury investment, TARP is over. There is no inter- iors that the President is willing, and even the money is coming back in. national financial crisis of confidence eager, to cut Social Security benefits. Ulti- In that meeting where we decided we in the banking system anymore. The mately, older Americans will accept changes would do the 350 rather than the full crisis of the toxic assets that had us in Social Security only if they have a voice 700, we made another decision. It was worried about having only 4 days to act in the decision and feel confident that very clear to all Senators in that meet- has passed. Yet the instrument that changes are solely for the purpose of improv- ing and who drafted that bill—and I was created to deal with that crisis ing and strengthening the program. For this was not one of the ones who drafted it; lives on under a new heading being reason, Social Security solvency should not be taken up in the context of a fiscal com- I am not a lawyer; that was handed used for new purposes. It is, indeed, an mission. over to others—when the money comes example of bait and switch. A consortium of groups from the back, it can be used for only one pur- For that reason, I urge my colleagues AFL–CIO to Common Cause, to NOW, pose. That purpose is to pay down the to get behind the Thune amendment, once again, focused on the problems national debt. If we are going to raise which we will vote on later today, rec- with allowing the budget commission the national debt by $350 billion, when ognize that a promise made to the tax- to change Social Security. Here is what we get the $350 billion back, it should payers a little more than a year ago is they wrote: go solely to retire the debt that was a promise we need to keep. Responsible created when the money went out. Ev- government says, when we are debating [A]n American public that only recently rejected privatization of Social Security will eryone agreed to that. I believed that increasing the debt limit, a step that undoubtedly be suspicious of a process that was written into the bill. So it came as will reduce the national debt is clearly shuts them out of all decisions regarding the a great surprise to me, as the money one we ought to take. future of a retirement system that’s served started to come back, that Secretary I yield the floor. them well in the current financial crisis. Geithner said: We are going to recycle The ACTING PRESIDENT pro tem- The idea of excluding Social Security it. We are going to use it for other pore. The Senator from Montana. from fast-track processes is not new. kinds of rescues, other kinds of finan- Mr. BAUCUS. Madam President, I Congress already excludes Social Secu- cial circumstances. thank my colleague, Senator BENNETT rity from the fast-track reconciliation Along with many of my colleagues from Utah, for his statement. He process. who were privy to the original discus- makes some very good points. Al- The text of my amendment is very sion, I said: Wait a minute. That is not though I will not be able to support the similar to a provision that appears what the law says. The law says, as it amendment, I wish to say his presen- right now in section 310(g) of the Con- comes back, it has to go to pay down tation and the points he is making are gressional Budget Act. That Budget the national debt. quite good. Act section prohibits using reconcili- No, said Secretary Geithner in the AMENDMENT NO. 3300 ation to make cuts to Social Security. hearing, that is not the way our law- Madam President, I have an amend- That is in the law today. My amend- yers interpret it. Our lawyers look at ment which I would like to explain. It ment would do the same for the fast- this and say: You in the Congress gave is very simple. It will protect Social track procedures in the Conrad-Gregg us the authority to recycle this and Security from cuts in the fast-track amendment. spend it on other things, in addition to process proposed to be created in the The Senate added the Budget Act the original crisis. Conrad-Gregg amendment. section on which my amendment is It is for that reason, among others, It is clear from the public statements patterned to the law in 1985. Senator that I joined with Senator THUNE in of- of Senators CONRAD and GREGG, they Hawkins of Florida offered the amend- fering an amendment earlier last year, have painted a big red target on Social ment, and the Senate adopted it by earlier in this Congress, saying, no, we Security and Medicare. That is what voice vote on October 8, 1985. It has are going to end TARP on December 31, this commission is all about. It is a big been the law for nearly 25 years. which was the original date we set for roll of the dice for Social Security and Let me read from some of the debate this. We were unsuccessful in that Medicare. that occurred that day in 1985. Much of amendment. Now we are going to try Millions of American seniors rely on that debate is directly relevant to the again. We are going to offer the amend- Social Security. Social Security is a amendment I propose today. ment that says: All right. We feel there commitment to America’s seniors. I Senator Hawkins explained the pur- has been a bait and switch. We feel this might say, if we did not have Social Se- pose of her amendment. She said: administration has changed the rules curity, as to estimates I have seen, This amendment states that changes in So- from the way we thought we wrote about half of American seniors today cial Security cannot be made in reconcili- them. There may even, indeed, be a would be living in poverty. Social Se- ation. lawsuit here, because if the law says curity basically has kept a lot of senior Senator Hawkins continued: what we believe it said, the administra- Americans from living in poverty. We The whole idea behind removing Social Se- tion is breaking the law. But let’s deal should, therefore, prevent a fast-track curity from the unified budget is to make

VerDate Nov 24 2008 23:34 Jan 21, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.011 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S75 changes in the program based on the needs Social Security is running surpluses. American people want to end TARP, and constraints of the program itself and not For years into the future, Social Secu- want to end too big to fail, and get for short-term budgetary reasons. Social Se- rity is going to run surpluses. Social back to our normal economic rules curity is self-financed and has long-term Security, thus, reduces the current grounded in the free market. goals. It should not be subject to the same Why should we end TARP? First of constraints of programs competing for scarce unified budget deficit. Social Security general revenue funds. If my amendment is is not the reason for our fiscal problem. all, in the original bill, the end date to . . . adopted, it does not mean that changes Furthermore, over the longer term, TARP was supposed to be December 31 in Social Security could never be made. It Social Security is growing with the of last year. That was the normal end merely means that if and when changes are rate of growth in the economy. Social date. Last December, the Secretary of made to Social Security, it would not be in Security is growing more slowly than the Treasury, under authority he had, the context of the budget. health care expenditures. Social Secu- on his own, under the language of the Senator Heinz of Pennsylvania sup- rity is not the primary source of long- bill, extended TARP for almost another ported the Hawkins amendment. Here term fiscal imbalance—all the more year. I believe that was the wrong deci- is what Senator Heinz said. This is 1985: reason, I submit, why my amendment sion, unjustified, and I believe we I think we first do agree that the legisla- should be adopted. should act to stick by the original end tion needs language that does what the Sen- The ACTING PRESIDENT pro tem- date and end TARP immediately. ator from Florida suggests this does; name- pore. The Senator from Louisiana. I do not think there is anyone on this ly, to put an extra lock on the door so no one AMENDMENT NO. 3301 floor or around the country who can can say that Social Security is going to end argue we need a continuation of TARP up in reconciliation. That is the intent. Mr. VITTER. Madam President, I rise because our financial system is in some Senator Heinz continued: to strongly support an amendment on the floor that I have coauthored. I have imminent danger. There is no immi- This language . . . does a very important nent danger out there. Hopefully, that joined Senator THUNE, Senator BEN- job by making a point of order in order will not develop. But, clearly, it does against any reconciliation bill that comes to NETT, and many others on this amend- the floor with Social Security cuts in it. ment to immediately end TARP, the not exist now. Secondly, the right response to fu- Senator Heinz made clear that under so-called Troubled Asset Relief Pro- ture failures is not to pump taxpayer the provision the Senate was adding to gram—to end that, to wind it down im- money without limit to individual in- the Budget Act, Congress could still mediately, once and for all. stitutions. The right response is to end make changes to Social Security, just Again, the amendment is very simple too big to fail and to have an orderly not in a fast-track vehicle. Senator and straightforward. It terminates resolution regime. That is exactly Heinz went on to say: TARP immediately when this provision what I am working on with Democrats, is signed into law. Just as importantly, [T]he Finance Committee retains jurisdic- with other Republicans on the Banking tion over the programs involving the Social the amendment ensures that all TARP Committee, to pass regulatory reform, Security Act. And were it required, for rea- money that is repaid to the Federal including an orderly resolution regime sons having to do with solvency of Social Se- Government goes to debt reduction, as to end too big to fail. curity, reasons of equity, having to do with clearly intended under the law, under either the taxes or the benefits involving So- Then, the third reason we need to end cial Security, or any other reason having to the original language for TARP. TARP is it has become, in the last do with it that we might see fit, but not hav- I have long fought for this termi- year, a purely political slush fund to ing to do with reconciliation and the budget nation. First of all, I had grave res- spend on whatever the political whim process, we could work our will, as we have ervations about TARP from the begin- of the moment is. It was never exe- in the past, on the Social Security Program. ning, and I voted against that proposal. But not as part of the reconciliation. cuted to achieve its original purpose. Looking back, I do not think it is at all TARP stands for Troubled Asset Relief Senator Rudman of New Hampshire, clear that was necessary to avert some Program. Yet, ironically, that is about a cosponsor of the Gramm-Rudman- impending disaster. Looking at the last the only thing TARP funds have never Hollings budget process, spoke in favor year, I think it is perfectly clear TARP been used for, the actual purchase of of the amendment. Here is what he has become a slush fund and has led to troubled assets. said: all sorts of continuing spending abuses. From the very beginning, just after [T]he language offered by the Senator from Because of those concerns from the it was named the Troubled Asset Relief Florida has one single effect. That effect is very beginning, I have been working to Program, it has been used for every- that any reconciliation taken by the Senate end TARP. On January 5 of last year, I thing else under the Sun—first, pump- Finance Committee would have to survive a offered the resolution of disapproval to point of order if it dealt with anything that ing money directly into specific mega had to do with old age assistance. try to block the release of the second financial institutions, then pumping half of TARP funds, the second $350 bil- Senator Domenici of New Mexico, money directly into the auto compa- lion. then the chairman of the Budget Com- nies. Clearly, the car companies are On April 2, 2009, I offered an amend- mittee, also explained the Hawkins not banks, are not financial organiza- ment to the budget to rescind unspent amendment in the same way. This is tions. They were never intended to be TARP funds and to end it then. what Senator Domenici said: included under TARP. On April 30 of last year, I offered an Since then, during 2009, the proposals This amendment would with specificity amendment to S. 896 to remove any ob- say that any reconciliation bill containing to use TARP as just a pot of money to provisions with respect to Social Security stacles to the repayment of TARP spend at everyone’s political whim would be subject to a point of order. That is funds because, at that time, the bank have gone on and on. There have been what this amendment does. regulators and the Department of proposals to use TARP money to fund That is what Senators said when they Treasury were forcing, in some cases, highway projects. There are proposals adopted a prohibition on using the fast- financial institutions to actually keep right now to use TARP money for a track reconciliation process to make their TARP money and not repay it new jobs program. There are proposals, changes in Social Security. That is back to the taxpayer sooner rather at least on the House side, to start a why all those Senators supported ex- than later. brand new housing program funded by cluding Social Security from the fast- On August 6 of last year, I offered an the TARP assets. track reconciliation process, and I amendment to H.R. 3435, a bill which Perhaps we should do new activity argue that all the same arguments provided extra money for the Cash for regarding highway construction, job apply today as well. Clunkers Program, to end TARP on a creation, housing, but we should not Let us prevent Social Security from date certain; namely, the end of last use TARP as a political grab bag, a being cut in a fast-track commission year. slush fund, to pay for that and what- process. Let us keep America’s com- Unfortunately, those efforts failed. ever else is the whim of the majority in mitment to our seniors. I urge my col- But those efforts picked up steam and Congress. That is a clear abuse of the leagues to adopt my amendment to support every step of the way and cer- program, and it is a clear ongoing protect Social Security. tainly they helped illustrate—and re- threat if TARP is allowed to exist. I might also say, Social Security is cent discussion and debate and elec- If we go back to the origination of not the cause of our deficit problem. tions, I think, helped illustrate—the TARP and discussions and talks made

VerDate Nov 24 2008 01:43 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.014 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S76 CONGRESSIONAL RECORD — SENATE January 21, 2010 at the time, it is clear that then-Sen- Let’s stop this continuing threat that 2030 and to remain slightly below that level ator Obama, then-Presidential can- TARP is just used as a political slush for 50 more years. In fact, the 2009 Annual didate Obama pledged to the American fund to fund spending, programs, and Report of the Board of Trustees pointed out people that TARP would only be used ideas at the whim of the majority of that Social Security ran a surplus of $180 bil- lion last year and had accumulated a reserve for certain purposes, and every penny Congress as it develops week to week. of $2.4 trillion. would be repaid to the taxpayer. On Oc- Let’s return that money to the Amer- tober 1, 2008, then-Senator Obama, ican taxpayer. Let’s reduce the debt. That is a reserve, a surplus, of $2.4 then-Presidential candidate Obama, Let’s reduce the deficit. trillion. clearly spelled out his conditions that Thank you, Madam President. I yield The most recent projections of the Con- he required to support TARP. He said: the floor. gressional Budget Office forecast that Social If the American taxpayers are financing The ACTING PRESIDENT pro tem- Security will continue to pay full benefits this solution, then they have to be treated pore. The Senator from Montana. until 2043. like investors. They should get every penny Mr. BAUCUS. Madam President, I That is a surplus at least until the of their tax dollars back once the economy have further correspondence which I year 2043. recovers. wish to read into the RECORD with re- Moreover, Social Security, with its de- I don’t think there is any mistake in spect to my amendment which is pend- pendable, guaranteed benefits, is the very the law or the President’s comments, ing, as well as with respect to state- program that helped us most recently avoid but because he didn’t want to be mis- ments by organizations that essen- a 1930s-style depression. understood, he didn’t want to commu- tially oppose the Conrad-Gregg amend- Again, I am reading from the letter nicate in any sort of vague way, he re- ment. The first is from the Leadership from the Leadership Council of Aging iterated that, and he said in addition, Council of Aging Organizations. It is Organizations. Continuing: ‘‘every penny of which will go directly entitled, ‘‘Proposed Bipartisan Task Even as the banking and financial systems back to the American people.’’ Force for Responsible Fiscal Action.’’ threatened to collapse, Social Security con- The problem is, that is not what is It says: tinued to provide a reliable economic lifeline happening. Every month, every week, Dear Representative: The Leadership to millions of children, disabled workers, re- every day that TARP continues to Council of Aging Organizations (LCAO) is a tired workers, and spouses (including wid- exist, raids on the slush fund, raids on coalition of national not-for-profit organiza- owed and divorced spouses) dependent on TARP, bright new ideas to spend the tions focused on the well-being of America’s those benefits. These benefits helped to off- money so that it will never be returned 87 million older adults. Today, we write to set lost earnings and stimulated the econ- to the taxpayer abound. you and your colleagues regarding recent ef- omy by maintaining purchasing power. Ac- Unfortunately, since he explained his forts to create a commission that would cording to a recent study by the National force changes to entitlement programs, Academy of Social Insurance and Benenson initial conditions for supporting TARP, among other things, through the use of a Strategy Group, nearly nine in ten (88%) the President has acted in a wholesale Congressional fast-track procedure. We firm- Americans say that Social Security is more different way. He supported TARP ly believe that Congress, through its regular important than ever as a result of today’s money going to the car companies legislative process, is best suited to consider economic crisis. which was never intended under the and address any changes to these programs. Social Security remains the bedrock of re- original bill. He supported these new While we have additional concerns regarding tirement security for over 33 million older ideas coming from liberals in the the use of such a commission on Medicare, Americans: On average, households with So- House and Senate to use TARP money Medicaid, Supplemental Security income, cial Security beneficiaries aged 65 and older community service and Federal civilian mili- for highway construction or a new jobs received about 64 percent of their income tary retirement programs, this letter is di- from the program in 2006. program or a new housing program, rectly focused on Social Security. The LCAO which was never intended under the will be sending, under separate cover, a let- It then gives a reference in paren- original bill. ter devoted to expressing its concerns with thesis. The reference is in the letter. We need to get back to the Presi- the impact a fast-tracked commission would Additionally, Social Security provides a dent’s original promise: to treat the have on Medicare and Medicaid. lifeline to 4.1 million children, 7.7 million American taxpayers like the investors Last month’s Budget Committee hearing disabled workers, 2.4 million spouses or di- they are, to honor their wishes, to pro- on Bipartisan Process Proposals for Long- vorced spouses of retired workers and 4.4 Term Fiscal Stability considered the cre- million surviving spouses. tect their funds, and to get all of that ation of a commission that would be tasked money returned to the American tax- The importance and value of Social Secu- with addressing rising Federal debt by ‘‘clos- rity to so many Americans demands that payer. ing the gap between tax revenue coming in proposals to change the program be given I find it pretty ironic that during the and the larger cost of paying for Social Secu- the due weight, consideration and debate in last few weeks the President has rity, Medicare and Medicaid benefits.’’ This Congress that they deserve. With this in bashed big banks and proposed a big is a weighty responsibility, requiring careful mind, the undersigned members of the LCAO new tax against big financial institu- review of these critical social programs on oppose the creation of a fast-track entitle- tions. Yet, at the same time, he wants which so many depend. But there is no guar- ments commission. antee that the members of this commission to continue TARP, and he wants to would have the necessary expertise to con- I am going to read some of the sig- continue the ability to give those same duct such an intensive review. natories to this letter: big financial institutions taxpayer dol- That is very valid. How would this AFL–CIO, AFSCME Retirees, Alliance for lars virtually without limit. Why don’t commission know how to make those Retired Americans, the American Associa- we start on the path to fiscal responsi- cuts? They don’t have expertise on the tion of Homes and Services for the Aging, bility by at least not showering those programs. This would be an outfit that American Society on Aging, Association of big financial institutions with more just cuts without having any sense as Jewish Aging Services of North America, B’Nai B’Rrith International, Center for taxpayer dollars? We are out of the cri- to how these programs operate and sis. We don’t need TARP. Let’s end it, Medicare Advocacy, Inc., Gray Panthers, what changes might be made. International Union, United Automobile, end it immediately, wind it down. Continuing to quote from the letter: So, again, I urge all of my col- Aerospace & Agricultural Implement Work- Our concern is that their recommenda- ers of America, UAW; Military Officers Asso- leagues—Democrats, Republicans—to tions, nevertheless, would be forced through ciation of America, National Academy of honor the President’s initial words Congress, without amendment(s), under ex- Elder Law Attorneys, National Active and back in the fall of 2008 about what tremely short timelines and with no oppor- Retired Federal Employees Association, Na- TARP was supposed to be about and tunity to debate individual issues or consult tional Alliance for Caregiving, National how all of the money should be repaid with constituents. Asian Pacific Center on Aging, National As- to the taxpayers. Let’s honor those In addition to our objections about the sociation of Area Agencies on Aging, Na- words. Let’s honor the initial promises proposed commission process, we are con- tional Association of Professional Geriatric about TARP, and let’s end it imme- cerned that its mission would imply that So- Care Managers, National Caucus and Center cial Security has somehow contributed to on Black Aged, Inc., National Committee to diately since the crisis has passed and the Nation’s economic woes. Social Security Preserve Social Security and Medicare, Na- ensure that all of the money, as it is is not a part of the deficit problem nor is it tional Council on Aging, National Senior repaid over time, goes back to the part of an ‘‘entitlement crisis.’’ Its cost is Citizens Law Center, National Consumer American taxpayer by reducing debt. projected to consume only 6.2% of GDP by Voice for Quality Long-Term Care, OWL,

VerDate Nov 24 2008 23:34 Jan 21, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.016 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S77 The Voice of Midlife and Older Women, Serv- benefits helped to offset lost earnings and The Congressional Budget Office, in its Au- ice Employees International Union, the Jew- stimulated the economy by maintaining pur- gust 2009 forecast, said that full benefits can ish Federations of North America, Volun- chasing power. According to a recent study continue to be paid until 2043. There is ample teers of America, Wider Opportunities For by the National Academy of Social Insurance time to make the necessary adjustments Women. and the Benenson Strategy Group, nearly through the usual legislative process. I think that letter speaks for itself, nine in ten (88%) Americans say Social Secu- The best way to get the cost of Medicare under control is by reforming the health care but I ask unanimous consent that it be rity is more important than ever as a result of today’s economic crisis. system as you are currently trying to do, not printed in the RECORD. Social Security remains the bedrock of re- by cutting benefits to the millions of people There being no objection, the mate- tirement security for over 33 million older whose health is at stake. rial was ordered to be printed in the Americans: On average, households with So- That is a very important point. Let RECORD, as follows: cial Security beneficiaries age 65 and older me just read it again because it is so received about 64 percent of their income LEADERSHIP COUNCIL OF AGING true: from the program in 2006 (Social Security ORGANIZATIONS, The best way to get the cost of Medicare December 8, 2009. Administration 2009b: Table 9.A1). Addition- ally, Social Security provides a lifeline to 4.1 under control is by reforming the health care Re: Proposed Bipartisan Task Force for Re- system . . . rather than by cutting benefits sponsible Fiscal Action million children, 7.7 million disabled work- ers, 2.4 million spouses or divorced spouses of to millions of people whose health is at DEAR REPRESENTATIVE: The Leadership stake. Council of Aging Organizations (LCAO) is a retired workers and 4.4 million surviving coalition of national not-for-profit organiza- spouses. Continuing in the letter: tions focused on the well-being of America’s The importance and value of Social Secu- There are many ways to cut the deficit— 87 million older adults. Today, we write to rity to so many Americans demands that once our economy has recovered. In the you and your colleagues regarding recent ef- proposals to change the program be given meantime, Social Security and Medicare forts to create a commission that would the due weight, consideration and debate provide a measure of economic stability dur- force changes to entitlement programs, from Congress that they deserve. With this ing a time of financial crisis in our commu- among other things, through the use of a in mind, the undersigned members of the nities. As Frances Perkins said on the 25th Congressional fast-track procedure. We firm- LCAO oppose the creation of a fast-track en- anniversary of Social Security, ‘‘We will go ly believe that Congress, through its regular titlements commission. forward into the future, a stronger nation legislative process, is best suited to consider Sincerely, because of the fact that we have this basic and address any changes to these programs. AFL–CIO; AFSCME Retirees; Alliance rock of security under all our people.’’ While we have additional concerns regarding for Retired Americans; American Asso- In 2010, we’ll celebrate the 75th anniver- the use of such a commission on Medicare, ciation of Homes and Services for the sary of Social Security. Medicaid, Supplemental Security Income, Aging; American Society on Aging; As- We urge you to stand firm against the pro- community service and federal civilian and sociation of Jewish Aging Services of posal for a fast-track commission that would military retirement programs, this letter is North America; B’Nai B’Rith Inter- diminish these programs that speak so deep- directly focused on Social Security. The national; Center for Medicare Advo- ly of America’s values. LCAO will be sending, under separate cover, cacy, Inc.; Gray Panthers; Inter- Respectfully yours. a letter devoted to expressing its concerns national Union, United Automobile, Madam President, I suggest the ab- with the impact a fast-tracked commission Aerospace & Agricultural Implement sence of a quorum. would have on Medicare and Medicaid. Workers of America, UAW; Military Of- The ACTING PRESIDENT pro tem- Last month’s Budget Committee hearing ficers Association of America; National Academy of Elder Law Attorneys; Na- pore. The clerk will call the roll. on Bipartisan Process Proposals for Long- The assistant legislative clerk pro- Term Fiscal Stability considered the cre- tional Active and Retired Federal Em- ployees Association; National Alliance ceeded to call the roll. ation of a commission that would be tasked Mrs. HUTCHISON. Madam President, with addressing rising federal debt by ‘‘clos- for Caregiving; National Asian Pacific ing the gap between tax revenue coming in Center on Aging; National Association I ask unanimous consent that the order and the larger cost of paying for Social Secu- of Area Agencies on Aging; National for the quorum call be rescinded. rity, Medicare and Medicaid benefits.’’ This Association of Professional Geriatric The ACTING PRESIDENT pro tem- is a weighty responsibility, requiring careful Care Managers; National Caucus and pore. Without objection, it is so or- review of these critical social programs on Center on Black Aged, Inc.; National dered. which so many depend. But there is no guar- Committee to Preserve Social Security Mrs. HUTCHISON. Madam President, antee that the members of this commission and Medicare; National Council on Aging; National Senior Citizens Law I ask unanimous consent to speak for would have the necessary expertise to con- up to 15 minutes. duct such an intensive review. Our concern is Center; NCCNHR: The National Con- sumer Voice for Quality Long-Term The ACTING PRESIDENT pro tem- that their recommendations, nonetheless, pore. Without objection, it is so or- would be forced through Congress, without Care; OWL, The Voice of Midlife and amendment(s), under extremely short Older Women; Service Employees dered. timelines and with no opportunity to debate International Union; The Jewish Fed- AMENDMENT NO. 3301 individual issues or consult with constitu- erations of North America; Volunteers Mrs. HUTCHISON. Madam President, ents. of America; Wider Opportunities for I rise today to speak in support of the Women. In addition to our objections about the Thune amendment, which I cospon- proposed commission process, we are con- Mr. BAUCUS. Madam President, I sored. It would put the brakes on the cerned that its mission would imply that So- might also add that there is another TARP train wreck. cial Security has somehow contributed to letter I have. I have referred to this or- TARP was originally conceived to the nation’s economic woes. Social Security ganization already, but I will read purchase toxic assets from banks in is not a part of the deficit problem nor is it their letter. This is from OWL, the part of an ‘‘entitlement crisis.’’ Its cost is order to clean up their balance sheets projected to consume only 6.2% of GDP by Voice of Midlife and Older Women: and provide them the capability and li- 2030 and to remain slightly below that level Dear President Obama, Speaker Pelosi, and quidity to begin lending again. At the for 50 more years. In fact, the 2009 Annual Senate Majority Leader Reid: time, Federal Reserve Chairman Ben Report of the Board of Trustees pointed out We, the undersigned, urge you to preserve Bernanke said that we were facing the that Social Security ran a surplus of $180 bil- and protect two of the most important and successful government programs in the his- most severe financial crisis in the post- lion last year and had accumulated a reserve World War II era. President Bush stat- of $2.4 trillion. The most recent projections tory of the United States—Social Security of the Congressional Budget Office forecast and Medicare. We ask that you resist the ed that the unprecedented challenges that Social Security will continue to pay full pressure by Wall Street and conservative of such a financial crisis required un- benefits until 2043. members of Congress to form an undemo- precedented response and, without ac- Moreover, Social Security, with its de- cratic and unaccountable fast-track ‘‘deficit tion, the American people would face pendable, guaranteed benefits, is the very commission’’ that would cut these programs massive job losses, significant erosion program that helped us most recently avoid that are so crucial to the well-being of the in the value of retirement accounts and a 1930s-style depression. Even as the banking people of our country. Social Security is not responsible for any home values, and a lack of credit avail- and financial systems threatened to collapse, ability. Treasury Secretary Hank Social Security continued to provide a reli- part of the deficit. The 2009 Annual Report able economic lifeline to millions of chil- from the Board of Trustees stated that So- Paulson said that unless Congress took dren, disabled workers, retired workers, and cial Security ran a surplus of $180 billion last action, the financial system of our Na- spouses (including widowed and divorced year with a reserve of $2.4 trillion. tion and the world would collapse in spouses) dependent on those benefits. These That is a reserve of $2.4 trillion. short order.

VerDate Nov 24 2008 23:34 Jan 21, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.017 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S78 CONGRESSIONAL RECORD — SENATE January 21, 2010 My constituents said at the time was envisioned. I most certainly never We need to recommit today to reor- that they could not get loans to keep voted to authorize a revolving fund to der our financial priorities. We need to their businesses up and running. Some- remain in our economy indefinitely. I get our financial house in order. That thing needed to be done. Secretary didn’t even vote for $350 billion of this means cutting down on the debt, not Paulson proposed an emergency plan to $700 billion that is now becoming a re- adding to it. It means cutting spend- authorize as much as $700 billion to volving fund. ing, and it means making our tax cuts purchase toxic assets, such as devalued According to the most recent TARP permanent. Capital gains and dividends mortgage securities, from the financial report from the Office of Financial Sta- rates should be lowered permanently so institutions holding them. It was stat- bility, approximately $545 billion in that our stock market would be perma- ed that the plan would restore con- TARP funds has been committed. Re- nently stabilized. And we should lower sumer confidence in the economy as payments through TARP were over $165 the rate for everyone because the peo- the Treasury would show faith in our billion. This leaves roughly, with the ple who can hire others will be paying financial system by purchasing these amount of the $545 billion which has at the highest rates when the rates go assets and managing them while the been committed, about $374 billion up. That includes schedule C corpora- market stabilized, and selling them being paid out with roughly $319 billion tions. We need to lower capital gains later. The proceeds from the sale of of unobligated TARP funds, or TARP rates. We need to lower the burden on these assets would then go to pay down authority. businesses. We need to lower the bur- The recent report issued by the Con- our national debt. den on families. We need to help peo- In response, Congress proposed the gressional Oversight Panel for TARP stated that although TARP authority ple, not hurt people, who are trying to Emergency Economic Stabilization ends October 3, 2010, any funds com- plan for their financial retirement. Act, which created the Troubled Asset Today, we have a chance to take the mitted by that date but not yet spent Relief Program, called TARP, and au- first step by saying that TARP is going can still be spent under TARP past this thorized $350 billion not $700 billion in to end, that we are not going to expand deadline. This could create an indefi- Federal assistance. something that was authorized for an nite time period for expenditures The Republican and Democratic Gov- emergency purpose. This emergency ernors Associations wrote jointly to through TARP. The amendment offered by Senator purpose should be a commitment of ask Congress to act immediately on THUNE, me, and many others would Congress. We should not allow the ex- the legislation to provide economic se- allow us to truly put an end to TARP pansion of TARP. We can take the first curity to the financial system and sta- expansions, and it would put an end to step by voting for the Thune amend- bilize the crisis. Congress did act in it immediately. It would show tax- ment of which I am a cosponsor. We overwhelming majorities. payers that Congress finally gets it, need to start the process today, and we Almost immediately, however, the and that we are serious about reducing can say to the American people that Treasury Department deviated from our Nation’s skyrocketing debt. This Congress is finally listening. the intent of the program and design would indeed be the first step in put- Many on my side of the aisle have they told Congress they would pursue. ting our financial house in order. been making these points day after It did not purchase toxic assets as Today, we can begin the process of day. We were here almost every day in planned. Instead, the Treasury used lowering this huge debt that our coun- December, Saturdays and Sundays in- TARP funds to take equity stakes in try, which just in the last year, has in- cluded, trying to make the point that over 300 of our Nation’s financial insti- creased exponentially. We are looking people don’t want a government take- tutions. The program was further ex- at a bill that would increase our debt over of their health care system. Now I panded to nonfinancial companies, to $14 trillion. If we pass the amend- think we have a clear message from the pouring billions of dollars into AIG, ment before us today, we can cut that people of Massachusetts that they GM, and Chrysler. When the adminis- back instead of adding to the debt. don’t like this either. The exit polling tration asked for the second tranche of That is what we ought to do. showed that 48 percent of them voted $350 billion, I said no, and so did many While we are at it, we need to stop to keep this health care bill from going of my colleagues. the spending binge we are on. We need forward. The rest of them voted to say: We have especially seen the misuse of to stop the stimulus package, whatever Stop all of this takeover by govern- TARP in capital repayments to the is not authorized, because that, too, ment of so much of our lives—whether Treasury. Since the program began, will add to our debt. We need to recom- it is the cap and trade that will raise the Treasury has received over $165 bil- mit to cut taxes. We need to say our fi- energy and fuel costs or whether it is lion in paybacks, with interest. Under nancial house must get in order. It is letting the tax cuts lapse, which would the Stabilization Act, proceeds from time to reauthorize the tax cuts that give us more money for our own fami- these paybacks were meant to be used were put into place that caused our fi- lies to spend as we wish, not as govern- to pay down our national debt. That nancial stability after 9/11. It is the tax ment wishes; it is to stop the growth of was a key condition to its approval. cuts that caused our financial sta- big government; it is to stop the ending In a hearing last November, before bility. It is lowering the capital gains of the death tax for all intents and pur- the Banking Committee, of which I am rate, lowering the dividends rate of poses so that we can pass on to our a member, I spoke with the Assistant taxation. This is what would open our children the fruits of our labor. Secretary of the Treasury, Herb Alli- markets and open our ability for busi- Most of all, we have a chance today son, regarding the State of the TARP nesses to hire people. It would restore to say we are not going to raise the cap program 1 year later. Secretary Allison consumer confidence. What about the on our debt limit and we are not going told us that these repaid funds ‘‘go di- death tax that will come back in full to $14 trillion, which is now above 17 rectly into the general account of the force next year? People don’t know percent of our gross domestic product. U.S. Treasury to reduce the Treasury’s how to plan their giving to their chil- It is our debt burden. This is not funding need’’—to reduce our debt. Yet, dren or giving to their employees and healthy. when I asked him to confirm that the their businesses because they don’t The people of Massachusetts said: money repaid was no longer part of the know what Congress is going to do. If Get your house in order, Congress; get total authorization of $700 billion, Sec- there is anything Congress ought to do, your house in order, Mr. President. retary Allison said that when TARP it is stabilize our tax system and make Let’s do it. We can take the step funds are repaid, headroom is created the tax cuts permanent. We need to today to do it. It is time for Congress within the program to provide addi- lower the capital gains and dividends to hear the American people and act, tional commitments to maintain the rate permanently. These are funds that to hear their cry that we must get our $700 billion funding level. Thus, as the have already been taxed. They were house in order for the future of every Treasury puts repaid funds back into taxed when they were earned. They American and every American’s child one pot, it reaches into another for should not be taxed for savings—divi- and every American’s grandchild. That more—basically recycling the $700 bil- dends and capital gains are savings. is what we owe them. I hope we will lion. This is not what was promised. It That is how people plan for their fu- take the first step with the Thune is not what was passed. It is not what ture. amendment and then the rejection of

VerDate Nov 24 2008 23:34 Jan 21, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.019 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S79 the resolution to raise the debt ceiling. of U.S. debt more than doubled. We can the new debt created by the United Then we can lower taxes permanently, see the track we are on. From 2001, at States was financed by foreign enti- and then we can take to the American the beginning of the Bush administra- ties—68 percent. China has now become people a new agenda that will really tion, the debt skyrocketed, and it con- our biggest creditor. They have sig- create jobs because the jobs will be in tinues to grow with the economic naled publicly and privately that they the private sector, not the government downturn and the projections from the are increasingly concerned with the fis- sector. Congressional Budget Office for the fu- cal policy of the United States. They Madam President, I yield the floor. ture. In fact, we now estimate that the are increasingly concerned about the The ACTING PRESIDENT pro tem- gross debt of the United States could security of their loans to the United pore. The Senator from Montana. reach 114 percent of the gross domestic States. Other countries have expressed Mr. BAUCUS. Madam President, we product of the United States. That has concern as well. If those countries de- anticipate the Senator from North Da- only been equaled in U.S. history after cided they would no longer extend kota will join us momentarily. Pending World War II. At that point, the debt loans to the United States, we would his arrival, I suggest the absence of a came down very rapidly. then be very quickly in a serious situa- quorum. There is no forecast that shows this tion. It would mean we would have to The ACTING PRESIDENT pro tem- debt coming down and certainly no either cut spending sharply or raise pore. The clerk will call the roll. projection and no forecast that it will taxes dramatically or raise interest The assistant legislative clerk pro- come down rapidly. Instead, what we rates in a significant way to attract ceeded to call the roll. have is a forecast by the Congressional new borrowing, new lenders. The con- Mr. CONRAD. Mr. President, I ask Budget Office that the debt will con- sequences of a failure to address these unanimous consent that the order for tinue to explode. Instead of being 100 issues goes right to the heart of the the quorum call be rescinded. percent of the gross domestic product economic strength of the country. The PRESIDING OFFICER (Mr. of the United States, the debt will rise As I said, in the article in Newsweek, FRANKEN). Without objection, it is so to a level of more than 400 percent of they say: ordered. the gross domestic product of the If the United States doesn’t come up soon Mr. CONRAD. Mr. President, I have United States. with a credible plan to restore the Federal come to the floor to discuss an amend- By any account, that is an budget to balance over the next five to 10 ment I am offering with Senator GREGG unsustainable course. We have had be- years, the danger is very real that a debt cri- to create a bipartisan fiscal task force. fore the Budget Committee the testi- sis could lead to a major weakening of Amer- The task force would be designed to de- mony of the head of the Congressional ican power. velop a bipartisan legislative package Budget Office saying the course we are For those who believe there is no cri- to address the Nation’s long-term fiscal on is clearly unsustainable. We have sis and we can just stay with the status imbalances. There would be a require- had the testimony of the head of the quo, this is a quote from the National ment that the package come before General Accounting Office saying the Journal cover story in November. The Congress for a vote. current course is clearly unsustainable. article was titled ‘‘The Debt Problem Under the rules of the Senate, our We have had the testimony of the Sec- Is Worse Than You Think.’’ It stated: amendment requires 60 votes to pass. If retary of the Treasury, both in the pre- Simply put, even alarmists may be under- we do not reach the 60-vote threshold, vious administration and this one, say- estimating the size of the [debt] problem, I will continue to push for the creation ing this trajectory is clearly how quickly it will become unbearable, and of a special process to deal with our unsustainable, and we have had the how poorly prepared our political system is debt, and I will fight to ensure any spe- testimony, clear and compelling, by to deal with it. cial process results in legislation that the Chairman of the Federal Reserve I believe the National Journal got it will get a vote in the Senate and in the that this course is absolutely about right. We are on a course that is House. We cannot afford another com- unsustainable. clearly unsustainable. Virtually every mission whose recommendations sit on I have said to my colleagues repeat- expert says to us that this is so. a dusty shelf somewhere at the Library edly that the debt is the threat. It is The consequences of a failure to deal of Congress. something we must face up to. We have with the debt are enormous. They I believe our country is at a critical been through a very sharp economic could go right to the heart of the eco- juncture. We have seen in the previous downturn. In the midst of a sharp eco- nomic strength of the country. So Sen- administration the debt of the United nomic downturn, you do not raise taxes ator GREGG and I have come to the States double. We are on course over or cut spending. That would only deep- floor with a proposal to have every- the next 8 years for at least another en the recession. In fact, we could have thing on the table, to have a bipartisan doubling of the debt. And already we seen this country plunge into a com- commission evaluate various options are reaching precarious levels, record plete collapse, and we would not have for dealing with our long-term debt levels—record levels that have never been alone. I think many of us believe threat and to come back with a pro- been seen before in this country. we just narrowly averted a global fi- posal. But they can only come back if I believe nothing short of the eco- nancial collapse. One reason it was 14 of the 18 members of that commis- nomic future of the country is at averted is because of actions by this sion agree on a future course, a super- stake. I point to this recent Newsweek administration and the previous ad- majority, a bipartisan majority. If 14 of cover from December 7 of last year en- ministration and this Congress—steps the 18 agree, that plan comes to Con- titled ‘‘How Great Powers Fall; Steep that were taken to provide liquidity to gress for a vote. Members here will de- Debt, Slow Growth, and High Spending prevent a global collapse. But those cide. This is not outsourcing the re- Kill Empires—and America Could Be steps also added to the deficit and debt. sponsibility. This is giving an inde- Next.’’ We have to acknowledge that. We have pendent commission the responsibility Here is what the article went on to to be very straight with people that to come up with a plan, but that plan say: those steps were necessary to avert a would have to be voted on by Members This is how empires decline. It begins with collapse, but they also contribute to of the Senate, Members of the House, a debt explosion. It ends with an inexorable the long-term crisis we confront—a cri- and under our formulation it would re- reduction in the resources available for the sis of a debt growing too rapidly and quire a supermajority in both Cham- Army, Navy, and Air Force. . . . If the United States doesn’t come up soon with a forecasts to reach a level unprece- bers to pass. Of course, the President credible plan to restore the Federal budget dented in our national history, a debt would retain his veto powers. He would to balance over the next five to 10 years, the level that could threaten the economic be able to veto any proposal passed by danger is very real that a debt crisis could security of the United States. the Senate and the House. I believe the lead to a major weakening of American Many people have asked me: How prerogatives of the Senate and the power. does this threaten the economic secu- House are preserved. It will require a The process has already begun. As I rity of the country? Very simply, this vote of supermajority here and in the indicated, in the previous administra- debt is increasingly financed from House and, of course, signature by the tion the debt doubled. Foreign holdings abroad. In fact, last year 68 percent of President.

VerDate Nov 24 2008 23:34 Jan 21, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.020 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S80 CONGRESSIONAL RECORD — SENATE January 21, 2010 The former Chairman of the Federal recommendations for it to come to a The reality is this: We have a dra- Reserve has talked about the urgent vote, and final passage would require matic imbalance between spending and need to address the long-term debt sit- supermajorities—a three-fifths vote in revenue. The revenue is the green line, uation. This is what he said on Decem- both the Senate and the House. Also, the spending is the red line. Look what ber 17 of last year in testimony before the President must still sign off. As I has happened with the economic down- the Homeland Security and Govern- indicated earlier, he would retain his turn: Revenue is at its lowest point in mental Affairs Committee: full veto powers. 50 years as measured as a share of the The challenge to contain this threat is This approach has been criticized by economy. Revenue is less than 15 per- more urgent than at any time in our history. both the left and the right—the left, a cent of the gross domestic product of .... [Our] nation has never before had to group of organizations that have band- the country. Spending has skyrocketed confront so formidable a fiscal crisis as is ed together to say this kind of ap- to 26 percent of the gross domestic now visible just over the horizon. proach could lead to reductions in So- product of the country. You can see I believe the former Chairman of the cial Security and Medicare—cuts in So- that is far higher than it has been Federal Reserve has it right. We face cial Security and Medicare. I would going back 30 years. an unprecedented threat. Never before simply say to them: Look at where we Of course, we understand why, in the in our Nation’s history have we looked are. Look at where we are. Social Secu- middle of a sharp economic downturn, forward and seen the prospect, if we rity and Medicare are both cash nega- the automatic stabilizers take effect— continue current policies, of a debt tive today. The trustees of Medicare unemployment insurance, a whole se- that would equal 400 percent of the say Medicare will go broke in 8 years. ries of other measures to try to prevent gross domestic product of the United Social Security will take somewhat an even steeper downturn. So spending States. That has never, ever faced this longer. But both are on a path to insol- goes up, revenue goes down, the defi- country. That is a threat with which vency if we fail to act. cits widen, and the debt explodes. That we are unfamiliar. It hasn’t just been from the more lib- would not be so troubling if the long- The response Senator GREGG and I eral side of the spectrum that the criti- term trend didn’t tell us the debt will have crafted over 2 years of debate and cism has come, but also on the right. continue to grow from these already discussion with many of our colleagues The Wall Street Journal ran an edi- high levels. is one that is based on the principle of torial calling the debt reduction com- The need for tax reform, I think, is accountability. All of the task force mission—or the deficit commission—a clear: We have a tax system that is out members would be directly accountable trap. They say it is a trap that will of date and hurting U.S. competitive- to the American people. There would lead to higher taxes; to more revenue. ness. As I mentioned, we are hem- be 18 members—10 Democrats, 2 from So on the left and the right we have orrhaging revenue to tax havens and the administration, and 8 Republicans. those complaining that if you move abusive tax shelters. The alternative So in terms of Members of Congress, it forward to deal with the debt, you are minimum tax problem threatens mil- would be even: 8 Democrats, 8 Repub- going to make reductions in programs lions of middle-class taxpayers—some- licans. They would have to be cur- and you are going to increase revenue. thing that was never intended. That rently serving Members of Congress se- I think that is undeniably the case. If cries out for reform. These long-term lected by the Democratic and Repub- you are going to deal with this debt imbalances must be addressed. Sim- lican leaders. The Secretary of the threat, we are going to have to make plification and reform, we know from Treasury and one other administration changes in the spending projections of experience, can keep rates low and im- official would serve representing the the United States. We are going to prove the efficiency of the system. administration, for a total of 18. have to make changes in the revenue The arguments I have advanced this The bipartisan fiscal task force base of the country. morning are arguments that have now would provide broad coverage. Every- I would suggest to those who are con- been endorsed by more and more budg- thing would be on the table—entitle- cerned about tax increases, the first et experts as they look at the long- ments, revenue, discretionary spend- place to get more revenue is not with a term threat to the country. Alan ing. Spending and revenues all would tax increase. The first place to get Greenspan, the former Chairman of the be before them for a judgment on how more revenue is to collect what is actu- Federal Reserve, said this: we deal with the debt threat. ally owed. If you examine the revenue The recommendation of Senators Conrad The work of the fiscal task force streams of the United States, it jumps and Gregg for a bipartisan fiscal task force is would enjoy expedited procedures—pro- out at you that we are collecting about an excellent idea. I hope that you succeed. cedures we have used before to bring 80 percent, or even somewhat less than Douglas Holtz-Eakin, who was the especially difficult issues to both the that, of what is actually owed. If we chief economic adviser to Senator Senate and the House. The rec- were collecting the money that is actu- MCCAIN in his Presidential bid, said ommendations would only be sub- ally owed under the current rates, we this in testimony before the Senate mitted after the 2010 election. There would be doing very well. But we have Budget Committee just last year: would be fast-track consideration of offshore tax havens, abusive tax shel- I am a reluctant convert. I have always the proposal in the Senate and the ters, a tax gap—the difference between felt that this is Congress’ job, and, quite House. There would be no amendments. what is owed and what is paid—and we frankly, it ought to just do it. And that atti- It would be an up-or-down vote. The also have a tax system that is com- tude has earned me no friends and has gotten final vote would come before the end of pletely out of date. us no action. So I have come around to the the 111th Congress. We have a tax system that was de- point where I’m in favor of something that is Again, I wish to emphasize I am not a special legislative procedure to get this signed at a time when we did not have legislation in front of Congress and passed. proposing that we take action to raise to be worried about the competitive po- Mr. Geithner, the Secretary of the revenue or cut spending in the midst of sition of the United States. Now we do. Treasury, said this in testimony before an economic downturn. That would be The world has changed and our revenue the Budget Committee last year: counterproductive. But we do need to system has not kept pace. Instead, it is face up to this long-term debt. The pro- hemorrhaging with offshore tax havens It is going to require a different approach visions that would come from any com- if we’re going to solve the long-term fiscal costing us, according to the Permanent imbalance. It’s going to require a funda- mission, I am sure, would be ones that Subcommittee on Investigations, over mental change in approach, because I don’t would be put in place over time. They $100 billion a year in lost revenue. see realistically how we’re going to get there would be phased in. The Commission If anybody doubts the proliferation of through the existing mechanisms. would be cognizant that our economy offshore tax havens, I would urge them Here is a quote from David Walker, remains weak and, in fact, may require to Google offshore tax havens and see the former head of the General Ac- even additional debt in the short term. what you find. We did that last year counting Office. The bipartisan fiscal task force and got over 1 million hits, including I think the regular order is dysfunctional would ensure a bipartisan outcome. my favorite: live offshore tax free by as it relates to these types of issues. And it’s, Fourteen of the eighteen task force putting your funds in offshore tax ha- quite frankly, understandable, because members would have to agree to the vens. you’re talking about putting together a

VerDate Nov 24 2008 23:34 Jan 21, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.020 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S81 package that crosses many different jurisdic- compelling case for fiscal discipline. He part of the so-called TARP. The tions. And the idea that that would end up has been making this case for a good amendment would also use repaid emerging from the regular order I think is number of years. He has been on the TARP funds to lower the deficit, bring just totally unrealistic. forefront in urging us in the Congress down the debt ceiling—which is, of That was testimony before the Budg- and the country to be more disciplined, course, the amount of legal U.S. debt— et Committee in 2007 by the Comp- to get better control of these deficits, and is the ultimate issue we are going troller General. and I appreciate the work of the Sen- to be voting on at the end of our exer- Leon Panetta, the former chairman ator from North Dakota. cise, presumably sometime next week. of the House Budget Committee and I might say we have no disagreement I initially supported both tranches of the former Chief of Staff to President whatsoever that we need to address our the TARP stabilization money because Clinton, now the Director of the CIA, fiscal challenge. We totally agree. I I was told by the Secretary of the said this in testimony before the Sen- think most Members of the body would Treasury and others, and I believed, ate Budget Committee in response to agree that is not the issue. Whether we that the money would be used to shore the question: Shouldn’t we rely on just must address the fiscal challenge or up banking, thus stabilizing the finan- the regular order; the normal com- not is not the issue. So I wish to get cial system in the United States, and mittee process? that off the table. We all know we have that would permit lending to resume. It’ll never happen. The committees of ju- a huge problem facing us, and it must My State of Arizona was hit particu- risdiction will never take on the kind of be dealt with. What we do disagree larly hard by the collapse of the hous- challenges that are involved in this kind of about, though, is the process; that is, ing bubble, so we needed more lend- effort. If you just leave them under their how we address it. ing—for small businesses as well as for own jurisdictions, that will never happen. I will have a lot more to say about commercial lending and other things It hasn’t happened, and I am chair- that later today, but I see the Senator such as auto finance, real estate lend- man of one of the committees. I accept from Arizona on the floor, and he has ing, and so on. that the normal process is not going to been waiting patiently. Unfortunately, the promised flow of deal with a threat of this magnitude. It Mr. CONRAD. May I call up the capital has not materialized. Today is going to take all of us, Democrats, amendment before we move on? people in my State still struggle to re- Republicans, Congress, and the admin- Mr. BAUCUS. Certainly. finance their homes and businesses, istration, working together to fashion AMENDMENT NO. 3302 TO AMENDMENT NO. 3299 and businesses in particular are strug- a plan that deals with the long-term (Purpose: To establish a Bipartisan Task gling to make payments on their prop- debt threat; that also deals with the Force for Responsible Fiscal Action, to as- erty, rollover commitments that they short-term need to restore jobs, to re- sure the long-term fiscal stability and eco- already have, and even pay for things store economic growth, and to build nomic security of the Federal Government as basic as their inventories or their the economy. of the United States, and to expand future payroll. You have to ask how did this These things are not contradictory. prosperity and growth for all Americans) happen with all of this TARP money They, in fact, are complementary. We Mr. CONRAD. Mr. President, I call up out there. must do both. We must restore eco- the Conrad-Gregg amendment. Partly it is because TARP was per- nomic growth and economic strength The PRESIDING OFFICER. Is there verted into a tool for increasing the and, at the same time, we must deal objection to setting aside the pending scope of government. It has been used with the long-term debt threat. That is amendment? for purposes for which it was never in- the proposal Senator GREGG and I bring Without objection, it is so ordered. tended. Some of the money has been to the floor. We urge our colleagues to The clerk will report. used to bail out political interests such seriously consider what we have of- The bill clerk read as follows: as auto companies and parts suppliers. fered. It has 35 cosponsors, about even- The Senator from North Dakota [Mr. That was never intended. I would never ly divided between Republicans and CONRAD], for himself and Mr. GREGG, pro- have supported the second tranche of Democrats. I know it is a tall order to poses an amendment numbered 3302 to TARP funding had I believed that was get to 60 votes in the Senate. It is espe- amendment No. 3299. how the money would have been spent. cially hard when organizations on the Mr. CONRAD. Mr. President, I ask Now it is becoming a piggy bank for left are opposing it and organizations unanimous consent that further read- the second stimulus bill recently on the right are opposing it for very ing of the amendment be dispensed passed by the House of Representa- different reasons. But this is a case of with. tives, a bill that would cost taxpayers the challenge of the middle holding. The PRESIDING OFFICER. Without $260 billion more in deficit spending. That has been the great strength of objection, it is so ordered. By deficit spending, of course, I am re- America—our ability to take on tough (The amendment is printed in today’s ferring to the fact that this is all bor- challenges and meet them. Whether it RECORD under ‘‘Text of Amendments.’’) rowed money. This is not money that was World War I or World War II, the Mr. CONRAD. I thank my colleagues we have and are deciding to spend in a Great Depression or all the other chal- for this opportunity to present our certain way. We have to go out and lenges this country has faced, over and amendment. borrow the money in order to give it to over America has proven it is up to the The PRESIDING OFFICER. The Sen- these people. challenge. I believe we are up to this ator from Arizona. By law, the returned TARP funds are challenge as well, and I believe people AMENDMENT NO. 3301 supposed to be used for deficit reduc- working together can come up with so- Mr. KYL. Mr. President, I will have tion. That is the way it was written lutions that would be credible not only something to say about the amend- into the bill. The Thune amendment to markets in this country but mar- ment offered by the Senator from would make sure this happens. Again, kets around the world that are begin- North Dakota at a later time, but I this is important because this is not ning to wonder: Does America have the wanted an opportunity to be sure to money that we already had that the ability to face up to the debt threat speak to the Thune amendment, which taxpayers had sent to Washington and that overhangs the future economic has also been pending and which I un- we were just waiting to spend on some- strength of the country? derstand we may be voting on as early thing. We had to go out and borrow I appreciate this time. I thank the as this afternoon. I wish to make it this money from folks such as the Chi- chairman for allowing this time. I clear I am in very strong support of the nese, and we have to pay them interest know Senator GREGG will be coming to amendment offered by the Senator on the money. the floor in about an hour for his pres- from South Dakota. When we have to go out and borrow entation on the same subject. I thank The amendment of the Senator from the money in order to provide it for the Chair, and I yield the floor. South Dakota would immediately end one of these purposes, we have to rec- The PRESIDING OFFICER. The Sen- the Treasury’s authority to spend un- ognize that when we pay it back, we ator from Montana. obligated TARP funds; that is, those ought not immediately spend it again. Mr. BAUCUS. Mr. President, the Sen- funds that have either been repaid or We ought to pay the money back to the ator from North Dakota makes a very were never spent in the first place as government so the money then can

VerDate Nov 24 2008 23:34 Jan 21, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.021 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S82 CONGRESSIONAL RECORD — SENATE January 21, 2010 repay the lender and get that obliga- the House under expedited parliamen- the 75-year growth of spending on tion off our books. Returning the tary procedures. This amendment in- Medicare-Medicaid and Social Security money to the Treasury is equivalent to vites Congress to abdicate its responsi- tells a different story. paying the money back to our lenders. bility. This amendment is fundamen- As a share of the economy, the That, in turn, allows us to reduce our tally unfair to many of our constitu- growth of Medicare and Medicaid Federal debt. ents across the country. This amend- spending before enactment of health This also has the effect of reducing ment should be defeated. care reform is more than seven times government borrowing so that the pri- Under the Conrad-Gregg proposal, 18 the growth of Social Security spending. vate sector is more able and more eas- people would make recommendations If we are to reduce the projections of ily able to borrow money. That way, on how to reduce projected midterm interim and long-term projections of businesses can begin to invest more, and long-term Federal budget deficits. deficit, we should use the regular order and we can begin job creation. Of the 18 members, 16 would be Mem- of Congress to do so, and for a good Frankly, that is why groups such as bers of Congress, and two would be offi- reason; that is, because the system is the National Federation of Independent cials in the administration. I might already working. The comprehensive Businesses support the Thune amend- add, if some think the Congress cannot health reform bill awaiting final ap- ment. The whole idea is to repay the do this, why is this composed almost proval by the House and Senate is solid money that the Federal Government entirely of Members of Congress? Rec- evidence the system is working. has borrowed so there is less pressure ommendations of this 18-member com- Once again, the Congressional Budget on the sources of lending so the private mission would be made the subject of Office projected—I made the point just sector will be able to more easily bor- votes in both Chambers with no amend- a few moments ago—the Federal defi- row for their purpose. ments allowed. Thus, the entire pack- cits would be reduced by $132 billion in Here is what the NFIB said in a re- age of recommendations would be the first 10 years and by $650 billion to cent letter: given to Congress on a take-it-or-leave- $1.3 trillion in the second 10 years. That is a significant reduction. Small business believes it is time to end it basis. If the Conrad-Gregg amendment were The deficit reduction will make a TARP by passing the Thune amendment. We substantial dent in the deficits—and it appreciate Senator Thune’s efforts to create enacted, Members of Congress who an exit strategy for the unprecedented level were not on the commission would has been accomplished entirely of government ownership in American busi- have no say in the development of the through the regular order. We were nesses. The full $700 billion that was origi- commission’s recommendations. Mem- able to cut deficits through the regular order. It would thus be ironic to give nally allocated for TARP is no longer needed bers of Congress who were not on the and should not be used as a bucket of money up on the regular order just when it commission would have no ability to for the Treasury Department to create new has such a promising result. Federal programs. change the recommendations. We There is more work to be done to re- would have to vote on the entire pack- I would add, or for the House of Rep- duce deficits in the midterm and long age on a take-it-or-leave-it basis. resentatives to create new Federal pro- term, but the regular order is up to the If Members of Congress not on the grams to the tune of $260 billion more. job of performing these tasks. We commission found that they favored I think the American people could should not give up on it prematurely. most of the recommendations but posi- not be more clear in the message they We should vote against creating a com- tively abhorred a few of them, they have been sending in election after mission that can take away many of would be given no opportunity to try to election: Stop spending so much money the responsibilities the Constitution change the ones to which they ob- so we don’t have to borrow so much gave the Congress. jected. Their choice would be either to money so it will be easier for our own I urge my colleagues to reject this vote for no deficit reduction at all or families and businesses to borrow amendment. vote for recommendations that they money. They have had it with massive It has also been said on the Senate abhor with no way to change them. spending and the culture of massive floor that one way to get revenue is to Members of Congress should not be go after the so-called gap that exists debt that has seized Washington. They put in that position. This amendment are watching very closely because it is between revenue that is owed the would disenfranchise the overwhelming American taxpayers but not collected— their money, after all, that will have to majority of Members of Congress. It be used to pay the interest on the debt the tax gap, it is sometimes called. I would disenfranchise their constitu- might say why not create a tax gap when we borrow this money from peo- ents. This would be fundamentally un- ple such as the Chinese. commission? It does not make sense for fair to their constituents and to them. this outfit, if it does exist—I don’t Instead of turning right around and We should not allow it to happen. deciding we have some great idea on think it will because I think most Let me say a few words about the ef- Members of Congress will not want to which to spend this money again when fects of this commission on Social Se- it is retired, let’s retire the debt in- do that—to cut Social Security, which curity and Medicare. If we create this is not the problem—Social Security is stead, thus reducing the amount we commission, what is to stop it from projected to be in surplus at least to have to increase in the debt ceiling. I making further reductions in Medicare the year 2043—or to make further cuts think this is what our constituents spending beyond the changes in the in Medicare beyond which we have al- want us to do. It begins with ending health care reform bill? Although the ready done in regular order. What is TARP, and the Thune amendment puts health care reform bill would reduce left? Discretionary spending. us on the path to doing exactly that. some reimbursements to providers, it If the real effort is a tax gap, let’s I urge its passage. would not cut Medicare benefits or eli- have a tax gap commission, not one I suggest the absence a quorum. gibility one bit, but the commission that is going to cut Medicare and Med- The PRESIDING OFFICER. The could recommend cuts in Medicare ben- icaid. I might add, these people, if clerk will call the roll. efits and eligibility. there were such a commission, are not The bill clerk proceeded to call the I might say, too, the Congressional qualified. They do not understand the roll. Budget Office, I remind my colleagues, health care system. They don’t under- Mr. BAUCUS. Mr. President, I ask estimated that the health care reform stand where to make cuts and not to unanimous consent the order for the bill that passed this body would reduce make cuts. They don’t understand So- quorum call be rescinded. the budget deficit by $132 billion over cial Security that much. The commit- The PRESIDING OFFICER. Without 10 years and further reduce the budget tees of jurisdiction do. They don’t un- objection, it is so ordered. deficit by between $650 billion to $1.3 derstand some of the other programs AMENDMENT NO. 3302 trillion in the next 10 years. where they might recommend cuts. Mr. BAUCUS. Mr. President, I oppose What about Social Security? Some They can just whack, whack, whack, or the Conrad-Gregg amendment. This people talk as if Social Security is a raise revenue. They don’t understand amendment would set up a new deficit major factor in the long-run budget the Tax Code. That is not their exper- reduction commission and have its rec- deficits, but the nonpartisan Congres- tise. They are just going to try to find ommendations considered and sent to sional Budget Office’s projections of ways to raise, raise, raise taxes.

VerDate Nov 24 2008 23:34 Jan 21, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.023 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S83 It is something on the surface that In the coming weeks, the Senate will stitutions constructed an might sort of sound good—let some- begin consideration of landmark finan- unsustainable model punctuated by in- body else do it. I cannot do it, so we cial regulatory reform legislation. creasingly risky behavior. will let somebody else do it. I think As it does, we owe it to the American For example, some firms used tril- that is an abdication of responsibility. people to ensure that never again will lions of dollars of short-term liabilities I think it is like it sounds—too good to the risky behavior of some Wall Street to finance illiquid inventories of secu- be true—that somebody else is going to firms pose a mortal threat to our en- rities, engage in speculative trading do it. It is like the grass is greener on tire financial system. The rest of us activities and provide loans to hedge the other side of the fence. simply cannot afford to pay for the funds. Why do we run for these jobs? Each mistakes of the financial elite yet an- When their toxic assets and invest- of us ought to be a U.S. Senator be- other time. ments went south, these highly lever- cause we wanted to take the responsi- As we look to build a better, more aged institutions could no longer roll bility to do what we thought was right durable, more responsible financial over their short-term loans, leading for our people and our States. It is system, we must reflect on the fateful them, and all of us, down a vicious spi- sometimes not very easy. It is some- decisions and mistakes made over the ral that required a massive government times quite difficult. That is why we past decade that led us to this point. bailout to stop. ran. That is what goes with the terri- We can begin with Congress’s repeal Despite this extremely painful expe- tory: step up and make the right deci- of the Glass-Steagall Act. Glass- rience, Wall Street has resumed busi- sions and do what needs to be done in Steagall was adopted during the Great ness as usual. Only now, the business is conjunction with the President. Depression primarily to build a fire- even more lucrative. The President of the United States is wall between commercial and invest- The financial crisis has led to the going to make a budget recommenda- ment banking activities. consolidation of Wall Street. tion to the Congress in just a matter of But the passage of the Gramm-Leach The survivors face less competition a few days, almost a week or so away. Bliley Act of 1999 tore down that wall, than ever before, allowing them to That is the job of the President, to paving the way for a brave new world charge customers higher fees on trans- make a recommendation to the Con- of financial conglomerates. actions, from equities to bonds to de- gress of what he thinks our budget These institutions sought to bring rivatives. should be, and it is up to the Congress traditional banking activities together In addition, in the wake of the finan- to decide how to deal with that. with securities and insurance busi- cial crisis, markets remain volatile and We have used the regular order on nesses, all under the roof of a single choppy. Firms willing and able to step health care to cut budget deficits by a ‘‘financial supermarket.’’ into the breach have generated higher large amount. As I indicated, it This was the end of an era of respon- returns. worked. I think we should just be cou- sible regulation. It was the beginning Until this Congress acts, there is no rageous enough as Members of Con- of an emerging laissez-faire consensus guarantee that the short-term trading gress to do what is right, step up and in Washington and on Wall Street that profits being reaped by Wall Street do what we have to do. If we do not do markets could do no wrong. today will not become losses borne by the job properly, our voters will get Not surprisingly, this zeitgeist of the rest of America down the road. somebody else to do the job. That is ‘‘market fundamentalism’’ pervaded As many of my colleagues know, I their right, that is their privilege, and regulatory decisions and inaction over have come to the floor repeatedly to that is one of the strengths of the proc- the past decade. warn about the short-term mindset on ess: that they have an opportunity to It allowed derivatives markets to re- Wall Street, embodied by the explosive get somebody else if we are not doing a main unregulated, even after the Fed- growth in high frequency trading. good job. eral Reserve had to orchestrate a In just a few short years, high-fre- I strongly urge the defeat of the multibillion dollar bailout of the hedge quency trading has grown from 30 per- Conrad-Gregg amendment. It is just fund Long Term Capital Management, cent of the daily trading volume in not a good thing to do. which had used these contracts to le- stocks to as high as 70 percent. I yield the floor. verage a relatively small amount of It has been reported that some high- The PRESIDING OFFICER. The Sen- capital into trillions of dollars of expo- frequency firms and quantitative-strat- ator from Delaware is recognized. sure. egy hedge funds have business relation- Mr. KAUFMAN. Mr. President, I ask It also provided a justification for ships with major banks, allowing them unanimous consent to speak as in the Federal Reserve and other banking to use their services, credit lines, and morning business for up to 14 minutes. regulators to ignore widespread in- market access to execute high-fre- The PRESIDING OFFICER. Without stances of predatory lending and dete- quency trading strategies. objection, it is so ordered. riorating mortgage origination stand- Under some of these arrangements, LIMITS ON BANKS’ PROPRIETARY TRADING ards. these Wall Street banks are reportedly ACTIVITIES It prompted regulators to rely upon splitting the profits. Mr. KAUFMAN. Mr. President, I rise credit ratings and banks’ own internal In other cases, the major banks have today in support of President Obama’s models, instead of their own audits and built their own internal proprietary proposal to limit the proprietary trad- judgments, when determining how trading desks. ing activity of banks, ideas that have much capital banks needed to hold These divisions often use their own been developed by Paul Volcker, the based upon the riskiness of their as- capital to ‘‘internalize,’’ or trade former Federal Reserve Chairman and sets. against, customer order flow. current chairman of President Obama’s Perhaps most importantly, this era Such a practice poses inherent con- Economic Recovery Advisory Board. of lax regulation allowed a small cadre flicts of interest: brokers are bound by It has been well over a year now of Wall Street firms to grow com- an obligation to seek the best prices since the bursting of a massive specula- pletely unchecked, without any regard for their clients’ orders, but, in trading tive bubble, fueled by Wall Street greed to their size or the risks they took. against those orders, firms also have a and excess, brought our entire finan- In 2004, the Securities and Exchange potential profit-motive to disadvan- cial system to the brink of disaster. Commission established a putative reg- tage their clients. The resulting economic crisis, the ulatory oversight structure of the Both of these arrangements are evi- worst since the Great Depression, has major broker-dealers, including Gold- dence of a greater problem: Wall Street had profound effects on regular, work- man Sachs, Morgan Stanley, Lehman has become heavily centered on lever- ing-class Americans in the form of mil- Brothers, Merrill Lynch and Bear age and trading. lions of job losses and home fore- Stearns, that ultimately allowed these Undoubtedly, short-term strategies closures, to say nothing of the hun- firms to leverage themselves more have paid off for banks. In fact, much dreds of billions of taxpayer dollars than 30 times to 1. of the profits earned by our Nation’s used to prop up failing institutions Emboldened by the careless neglect largest financial institutions have been deemed ‘‘too big to fail.’’ of their regulator, these Wall Street in- posted by their trading divisions.

VerDate Nov 24 2008 23:34 Jan 21, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.024 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S84 CONGRESSIONAL RECORD — SENATE January 21, 2010 But an emphasis on short-term trad- not engage in highly risky entrepre- stitutions wish to pursue short-term ing is cause for concern, particularly if neurial activity. That’s not their job trading profits. traders are taking leveraged positions because it brings into question the sta- For that reason, as Congress works in order to maximize their short-term bility of the institution . . . It may en- to pass financial regulatory reform in earning potential. courage pursuit of a profit in the short the coming weeks, reducing systemic By doing so, such high frequency run. But it is not consistent with the risk by eliminating conflicts of inter- traders, who execute thousands of stability that those institutions should est and addressing banks deemed ‘‘too trades a second, could pose a systemic be about. It’s not consistent at all with big to fail’’ should be some of our top risk to the overall marketplace. avoiding conflicts of interest.’’ priorities. In short, Wall Street once again has I strongly support the ideas Chair- Separating core banking franchise become fixated on short-term trading man Volcker has recently put forward from speculative activities, imposing profits and has lost sight of its highest regarding the need to limit the propri- tighter leverage requirements and ex- and best purposes: to serve the inter- etary trading activities of banks. amining the complicated relationships ests of long-term investors and to lend Indeed, they get at the root cause of between high-frequency traders and and raise capital for companies, large the financial meltdown by ensuring banks constitute critical steps toward and small, so they can innovate, grow Wall Street’s recklessness never again ensuring our financial markets are and create jobs. cripples our economy. strong and stable. As I have spoken about on the Senate We can reduce the moral hazard By adopting these commonsense pro- floor previously, the downward decline present in a model that allows banking posals, we can go a long way toward in initial public offerings for small to mix with securities activities by stabilizing our economy, restoring con- companies over the past 15 years has prohibiting banks from providing their fidence in our markets and protecting hurt our economy and its ability to securities affiliates with any loans or the American people from a future create jobs. other forms of assistance. bailout. While calculated risk-taking is a fun- While commercial banks should be America cannot afford another finan- damental part of finance, markets only protected by the government in the cial meltdown and the American people work when investors not only benefit form of deposit insurance and emer- are looking to Congress to ensure that from their returns, but also bear the gency lending, Chairman Volcker that does not happen. risk and the cost of failure. states, ‘‘That protection, to the extent Mr. President, I yield the floor. What is most troubling about our sit- practical, should not be extended to The PRESIDING OFFICER (Mr. uation today is that on Wall Street, it broadly cover risky capital market ac- BURRIS). The Senator from Alaska. is a game of heads I win, tails you bail tivities removed from the core com- Ms. MURKOWSKI. Mr. President, me out. mercial banking functions.’’ over the past 5 months, I have repeat- The size, scope, complexity and inter- Such a reform would completely edly expressed concerns about the En- connectedness of many financial insti- eliminate the possibility of banks even vironmental Protection Agency’s deci- tutions have made them ‘‘too big to indirectly using the insured deposits of sion to issue backdoor climate regula- fail.’’ their customers to finance the specula- tions under the Clean Air Act. I spoke Moreover, the popularity of the ‘‘fi- tive trading operations of their securi- at length about this issue on the Sen- nancial supermarket’’ model further ties affiliates. ate floor in September and then again raises the risk that insured deposits of In addition, we can bar commercial in December. I have also discussed it banks can be used to finance specula- banks from owning or sponsoring with dozens of groups from all across tive proprietary trading operations. ‘‘hedge funds, private equity funds, and the political spectrum and found there Unfortunately, these risks have only purely proprietary trading in securi- is remarkably widespread agreement been heightened by recent decisions by ties, derivatives or commodity mar- with my views on this issue. As the the Federal Reserve: the first to grant kets.’’ EPA moves closer and closer to issuing bank holding company charters to As Vice President BIDEN aptly and these regulations, I continue to believe Goldman Sachs and Morgan Stanley; succinctly put it: ‘‘Be a bank or be a that this command and control ap- the second to grant temporary exemp- hedge fund. But don’t be a bank hedge proach is our worst option for reducing tions to prudential regulations that fund.’’ emissions blamed for climate change. I limit loans banks can make to their se- That is why I am pleased to be a co- also believe that with so much at curities affiliates. sponsor of the bill introduced by Sen- stake, Congress must be given time to There are a number of ways we can ators CANTWELL and MCCAIN to rein- develop an appropriate and more re- address these problems. state Glass-Steagall, because I thought sponsible solution. The major financial reform proposals it was a start to this very important Today, after consultation with the being considered in Congress propose conversation. Parliamentarian, I have come to the some entity for identifying system- Separating commercial banking from floor to introduce a resolution of dis- ically risky firms and subjecting them merchant banking and proprietary approval under the Congressional Re- to heightened regulation and pruden- trading operations is an important step view Act that would prevent the EPA tial standards, including leverage re- toward addressing banks that are ‘‘too from acting on its own. Senator LIN- quirements. big to fail.’’ COLN of Arkansas, Senator NELSON of In addition, these proposals also in- Additionally, we need to impose re- Nebraska, and Senator LANDRIEU of clude an orderly mechanism for the strictions on size and leverage, particu- Louisiana have joined me as cosponsors prompt corrective action and dissolu- larly on the reliance on short-term li- on this bipartisan resolution, along tion of troubled financial institutions abilities, and give regulators addi- with 35 of my Republican colleagues. of systemic importance that is typi- tional powers to break apart firms that I have also come to reaffirm and re- cally based upon the one already in pose serious threats to the stability of emphasize my previous remarks on this place for banks. the financial system or others. issue. Given what has been alleged Although both of these ideas are Reducing the size and scope of indi- about my intentions, I believe this de- vital reforms, they are not sufficient vidual entities will limit risky banking bate needs to be directed back to its ones. behavior, minimize the possibility of substance and away from the ad Instead, we must go further, heeding one institution’s failure causing indus- hominem attacks and red herrings some of the sage advice, as President try-wide panic and decrease the need to thrown out in the past few weeks. Obama has today, provided by Paul again rescue large failing institutions. There is a legitimate and a sub- Volcker, the former Federal Reserve Together, all of these reforms will stantive debate to be had over whether Chairman and current chairman of create a financial system that is ‘‘safe the EPA should be allowed to issue President Obama’s Economic Recovery against failure.’’ command and control regulations. I Advisory Board. We cannot continue to leave the tax- welcome the debate. If there are any Chairman Volcker has said: ‘‘Com- payers vulnerable to future bailouts Senators who support the unprece- mercial banking institutions should simply because some large banking in- dented regulatory intrusion the EPA is

VerDate Nov 24 2008 23:34 Jan 21, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JA6.017 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S85 pursuing, I hope those Members will royalty oil out of the pipeline at pre- ute. The implications are clear. The come to the floor and explain why. I mium rates, which is critically impor- people who live in those States are al- strongly oppose that approach. I hope tant to the continued operation of ready feeling the effects. Construction my colleagues will listen to my expla- TAPS itself. That 800-mile-long pipe- is being delayed. Jobs are not being nation as to why I feel as strongly line has been challenged by decreasing created or, more importantly, being about this as I do. throughput as lower volumes are tak- filled. Commerce is suffering. Depend- Our bipartisan resolution deals with ing longer to arrive from the North ing on what becomes of these proposed an incredibly important issue; that is, Slope. Oil is also arriving at the Flint plants, local residents may have to whether Members of this body are com- Hills refinery at lower temperatures brace for a spike in energy prices as fortable with actions EPA will take than it used to, which requires more well. under its current interpretation of the energy to heat and craft the crude oil Seen in this light, the EPA’s regula- Clean Air Act. I am not comfortable into the marketable fuels Alaskans de- tions will not only add a thick new with those actions. Neither are the pend upon. The Flint Hills refinery al- layer of Federal bureaucracy, but they Senators who have already agreed to ready struggles to keep its jet fuel out- will also serve to depress economic ac- add their names to this effort. The put at competitive rates in order to tivity, to slow it down, to make it Clean Air Act was written by Congress maintain Anchorage’s status as a more expensive, to render it less effi- to regulate criteria pollutants, not major center for global air cargo. It cient. If you thought the recession greenhouse gases. Its implementation also faces a relatively inelastic market made for good environmental policy, I remains subject to oversight and guid- in Alaska for its other fuel products. expect you will love what the EPA has ance from elected representatives. We The EPA will likely be unable and un- to offer. Obtaining Federal air permits should continue our work to pass willing to address these issues under is already an exercise in administra- meaningful energy and climate legisla- its command and control climate regu- tive agony that can take years and tion, but in the meantime, we cannot lations. cost millions of dollars. That is before turn a blind eye to the EPA’s efforts to I mentioned the Alaska natural gas the existing system is overwhelmed by impose backdoor climate regulations pipeline—something we are working millions of new applicants. with no input from Congress. very hard to allow to come about. The Instead of accepting that the Clean The decision to offer this resolution construction and operation of an Alas- Air Act is not appropriate for this was brought about by what will happen ka natural gas pipeline would be sig- task, the EPA has proposed to lift its in the wake of EPA’s decision to issue nificantly hobbled by the EPA. The regulatory thresholds to 25,000 tons per the endangerment finding. It is not main reason for this relates to com- year for greenhouse gases. That rep- merely a finding; it is actually a flood- pressor stations which maintain a pipe- resents a clear departure from the stat- gate. Under the guise of protecting the line’s pressures and enable movement ute’s explicit requirements and has environment, it is set to unleash a of the gas. There is no known best opened the Agency to litigation—cost- wave of damaging new regulations that available control technology, as would ly, time-consuming, and endlessly frus- will wash over and further submerge be required under the Clean Air Act, trating litigation. Lawsuits are already our struggling economy. Make no mis- for reducing carbon dioxide emissions being prepared against the EPA’s so- take, if Congress allows this to happen, from compressors and no good options called tailoring proposal. When the there will be severe consequences to for compliance. final rule is issued, it will be chal- our economy. Businesses will be forced I cannot overstate how important lenged. I expect the courts will then re- to cut jobs, if not move outside our these facilities and these projects are ject it, as it has no legal basis, and borders or close their doors for good, to Alaska and to America. Our refin- then restore the regulatory thresholds perhaps. Domestic energy production eries help ensure the State’s status as to 100 tons and 250 tons per year. Before will be severely restricted, increasing a transportation hub as well as a stra- long, the Agency will find itself mired our dependence on foreign suppliers tegic base for military operations. The in the regulatory nightmare it has and threatening our national security. Trans Alaska Pipeline System delivers sought to avoid. Housing will become less affordable hundreds of thousands of barrels of oil Again, it is hard not to find this both and consumer goods more expensive as to Americans each day and most of the surreal and deeply disturbing. The na- the impact of the EPA’s regulations revenue for Alaska’s State budget. The tional unemployment rate has spiked are felt in towns, cities, and on farms proposed natural gas pipeline is a pillar to 10-plus percent. Yet here in Wash- all across America. of our future economy that will bring ington Federal bureaucrats are con- My home State is a perfect example Americans billions of cubic feet of templating regulations that will de- of why we must proceed with utmost clean-burning natural gas. Collec- stroy jobs, while millions of Americans caution. If these regulations are al- tively, these projects mean well-paying are doing everything they can just to lowed, the consequences for Alaska will jobs for thousands of hard-working find one. Moreover, given the amount be devastating. Hundreds of facilities Alaskans. While the EPA’s of time it has taken us in the Senate to will be subject to much greater regula- endangerment finding may be de- consider health care and the list of tion, including large hospitals, hotels, scribed as an effort to protect our envi- many other bills waiting to be consid- fish processors, and mines. Energy-in- ronment, it would actually damage the ered, it appears there will not be tensive businesses throughout the very foundation of my State’s econ- enough time for Congress to debate en- State will be forced to acquire, install, omy. ergy and climate legislation before the and operate new equipment and tech- Alaska isn’t the only State that EPA takes action. That means the peo- nologies. In many cases, this will prove would face dire economic con- ple of our States have no voice in this impossible because the technologies sequences. My colleagues need to con- process. They will be subject to rules are either too expensive or they simply sider the ripple effect of this decision and regulations that affect their lives do not exist. and the heavy economic burden it will and their livelihoods without ever hav- Because the EPA’s proposed regula- place on those throughout the lower 48. ing had an opportunity to express their tions are such a blunt tool, they will This was foreshadowed in New Mexico concerns through their representatives hit my State’s energy sector particu- back in September. In December, Ken- in Congress. larly hard. The continued operation of tucky faced the same situation; Arkan- Perhaps the most important question existing businesses and future endeav- sas, just last week. The EPA has or- that needs to be answered is, Why ors alike, including Alaska’s three re- dered regulators in each of these States would the EPA want to pursue these fineries, the Trans Alaska Pipeline to go back to the drawing board on regulations right now when we should System, TAPS, and the proposed Alas- plans to build new powerplants. These be focused on getting our economy ka natural gas pipeline, will all be decisions were all the result of this back on track? Environmental advo- jeopardized. EPA’s interpretation of the Clean Air cates, senior Democrats, the adminis- Take for example the Flint Hills re- Act and represent a fundamental de- trator of the EPA, and even the Presi- finery. This is located just south of parture from the permitting process dent have repeatedly said they prefer Fairbanks. This refinery purchases Congress had envisioned for this stat- congressional legislation. So with such

VerDate Nov 24 2008 23:34 Jan 21, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.029 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S86 CONGRESSIONAL RECORD — SENATE January 21, 2010 widespread and high-level agreement, Regulating greenhouse gas emissions under cisms and arguments that have been one would think it would be easy to the Clean Air Act will undoubtedly increase made by those who oppose my efforts. suspend the Agency’s efforts. Unfortu- the cost of energy, increase the cost of doing I would like to address four of the lat- nately, that is not the case. Many of business, increase the cost of consumer prod- est claims in hopes of putting them to those same individuals are somehow ucts, and jeopardize millions of jobs by put- rest. ting U.S. manufacturers at a disadvantage convinced that the threat of EPA regu- against foreign competitors. First of all, I would like to reiterate lations is somehow useful, somehow that our bipartisan disapproval resolu- necessary. It is no secret that this is The Governor of West Virginia, Joe tion deals with the EPA’s current in- the centerpiece of a highly coercive Manchin, commented: terpretation of the Clean Air Act and strategy. It is the administration at- At a time when our state is fighting to has nothing to do with the science of tempting to force the Congress to pass save jobs and stabilize the economy, we can- global climate change. I would also re- a climate bill more quickly than it not afford to act carelessly. EPA has taken mind my critics that I cosponsored a a risky and unprecedented step in promul- cap-and-trade bill in the last Congress otherwise would. For my part, that gating this rule. The regulation of green- strategy has failed so far. It will con- house gas emissions is a matter that should and last year worked with the members tinue to fail in the months ahead be- be left to Congress, and EPA would be wise of the Senate Energy Committee to cause Members of Congress will not to seek Congressional action instead of at- craft a bipartisan clean energy bill. enact bad legislation in order to stave tempting to regulate greenhouse gases under That bill, unfortunately, has been lan- off bad regulation. What the adminis- the Clean Air Act. guishing on the Senate calendar for tration’s strategy has done is to put Even the California Energy Commis- nearly 8 months now, just waiting to be Congress in a difficult position. sion, based in the State with the strict- called up and considered, which I think It is apparent to almost all of us that est environmental standards, felt com- is a real shame because it would lead to more time is needed to develop a good pelled to weigh in because, as they significant emissions reductions and climate policy that can draw the bipar- state, ‘‘EPA’s proposed PSD tailoring greater energy security for our coun- tisan support of a majority in the Sen- threshold jeopardizes California’s re- try. ate. We are working on it. My staff is newable energy strategy.’’ So instead I would also like to address a rather actively working to develop a wide of speeding the transition to cleaner creative claim that has been made that range of approaches for reducing emis- energy, California is actually worried somehow I am attempting to ‘‘gut’’ the ANTWELL and sions. We know Senator C that the EPA’s proposals will actually Clean Air Act or subvert it into a Senator COLLINS have recently intro- slow down their progress. ‘‘Dirty Air Act.’’ I have to admit, when duced a new approach. Senators I first saw this, it actually made me Dozens of State Governors and attor- GRAHAM, KERRY, and LIEBERMAN are laugh because it is so wildly inac- neys general have submitted comments hard at work on their tripartisan pro- curate. Neither my previous amend- opposing at least one of the EPA’s reg- posal. As the EPA proceeds with its ment nor this resolution would have ulations. But comments from our elect- greenhouse gas regulations, Congress any effect on pollution standards and ed officials are not the half of it. remains far from completing its work, controls. Neither would change a single The National Taxpayers Union has and we are left with no choice but to word of the current statute. My resolu- issued a press release that says, in shift at least part of our focus to halt- tion would simply prevent the massive, part: ing the EPA’s efforts. unwarranted expansion of this statute As I have stated before, my goals At a time when taxpayers are feeling the by halting the EPA’s efforts to use it here are twofold: to ensure that Con- biggest squeeze since the Great Depression, to regulate greenhouse gas emissions— it’s unconscionable that Congress is respond- gress has sufficient time to work on a purpose for which it was never in- climate legislation and to ensure that ing with regulatory and legislative proposals that will only make matters worse. tended, and a role that it simply can- the worst of options, which is a mas- not fulfill without serious and detri- Then, in a letter that was delivered sive expansion of the Clean Air Act, mental consequences. does not occur before that task is fin- to me just yesterday, the American It has also been stated that this reso- ished. Farm Bureau Federation wrote that its lution will somehow—somehow—pre- In addition to the Senators who have delegates have unanimously adopted a vent Congress from working construc- signed on as cosponsors of our bipar- resolution that ‘‘strongly supports any tively on climate legislation this year. tisan resolution, there are a variety of legislative action that would suspend Not the case. My resolution will re- stakeholders who have expressed EPA’s authority to regulate green- strain the EPA’s ability to issue green- strong support for slowing or stopping house gases under the Clean Air Act.’’ house gas regulations, but it will have the EPA from issuing its greenhouse The letter goes on to assert that: absolutely no bearing on Congress’s gas regulations. Many of these com- How carbon emissions should be regulated ability to debate climate policy. It is ments have focused on the tailoring is a matter to be decided by elected officials; especially ironic that these comments proposal, while others oppose the that debate is now ongoing on Capitol Hill. were made by the Senator who has endangerment finding itself. Some at It is there that these policy questions should be answered. complete control of the Senate cal- the outer edges of the environmental endar. So if climate legislation does community, obviously, disagree. But I Finally, the Small Business Adminis- not come up this year, it is abundantly think much of the rest of America—in- tration’s Office of Advocacy has con- clear to me who will have made that cluding State officials, businesses, cluded that the EPA’s greenhouse gas decision. farmers, and taxpayer advocates—all rules will likely have a ‘‘significant The last claim I would like to address share our belief that the Clean Air Act economic impact upon a substantial is the allegation about who helped should not be used to regulate emis- number of small entities. . . . Small draft my September amendment, which sions. businesses, small communities, and I might remind colleagues was never I would like to give you a few exam- small non-profit associations will be offered and is no longer on the table. ples. affected either immediately or in the Not only are those allegations cat- The Governor of Alaska, Sean Par- near-term.’’ egorically false, but they highlight— nell, has written: As public awareness of our bipartisan they highlight—the unwillingness of The fundamental question posed by the disapproval resolution grows in the opponents of this measure to engage in proposed rule is whether greenhouse gases days ahead, I expect there will be many the real policy discussion we should be can be effectively regulated under the Clean more statements that will be issued in having. The question so many of the Air Act. We think not. Attempting to force support of its passage. While there is fit the Clean Air Act to the purpose of regu- individuals and groups opposed to my lating greenhouse gases will be ineffective an extremely vocal minority that does efforts have failed entirely to answer is and will negatively impact Alaska. . . . The not support it, I do hope my Senate if they honestly think—if they hon- proposed rule would bury Alaska’s busi- colleagues will look at the broad coali- estly think—that EPA climate regula- nesses, institutions, and the State’s environ- tion that does and join us to oppose the tions under the Clean Air Act would be mental agencies in regulatory burden. EPA’s regulations. good or bad for America. The Governor of Mississippi, Haley Before I wrap up, Mr. President, I I hope the debate over this resolution Barbour, has written: would also like to address the criti- will stay rooted in substance. There is

VerDate Nov 24 2008 23:34 Jan 21, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.030 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S87 plenty of substance for us to debate. tion. But today, however, as we seek Today, the United States is falling behind There is a legitimate and a substantive the best way to reduce greenhouse gas in the global race to lead the new energy debate to be had about whether the emissions, we are being presented with economy. American businesses recognize a false choice between unacceptable this challenge and have already begun to re- EPA should be allowed to issue these spond and innovate. We are developing new regulations before Congress has had an legislation and unacceptable regula- technologies, launching new companies, and opportunity to fully debate the issue of tions. We are being told—threatened introducing new business models that drive climate change. In my mind, the an- really—to pass a bill now or the econ- economic growth, create new jobs and de- swer is no. Congress must be given the omy will suffer. A number of Senators crease our carbon footprint. However, to- time it needs to develop a responsible are trying to develop bills that can be day’s uncertainty surrounding energy and policy that protects both the environ- signed into law, but even as that work climate regulation is hindering the large- ment and the economy. continues, the EPA’s endangerment scale actions that American businesses are poised to make. We are not incapable or even unwill- finding has opened the door to further We need strong policies and clear market ing to legislate on this topic. So far, economic damage. signals that support the transition to a low- this Congress has merely failed to de- I believe Congress must take that op- carbon economy and reward companies that velop a balanced measure that draws tion off the table, and we can do that innovate. With certainty, clear rules of the enough support to be signed into law. by approving the bipartisan dis- road, and a level playing field, US businesses We can remedy that shortcoming, and I approval resolution that 39 Senators will deploy capital, plan, build, innovate and remain committed to playing a con- have now submitted. Allowing the EPA compete successfully in the global market- place. structive role in that effort. to proceed will endanger jobs, our econ- omy, and our global competitiveness. For American business to unleash a new I believe the looming specter of EPA industrial revolution in energy, we need co- regulations is actually a big part of the That should be an outcome we can all operative and coordinated action in the pub- reason we have had difficulty moving agree to avoid. lic policy and the business arenas. We are forward on climate legislation. Even If you truly believe that EPA climate ready to compete and we urge you to act so though we know that some approaches regulations are good for the country, that we can win the global race. It is time for reducing emissions are greatly infe- then you can vote to oppose our resolu- for the Administration and Congress to em- rior to others, there is inexplicable re- tion. But if you share our concerns and brace this policy as the promising economic you believe climate policy should be opportunity that will empower American sistance to removing even our worst workers to compete and American entrepre- option from consideration. debated in Congress, then vote with us to support it. neurship to lead the way. We stand ready to I have not heard one Member—one work with you to create and grow this im- Member—say he or she prefers regula- Mr. President, I yield the floor. portant economic sector. tion over legislation. I have not heard The PRESIDING OFFICER. The Sen- Now is the time to act. Together we can one Member say that. Yet that option ator from California is recognized. lead. Mrs. BOXER. Mr. President, what we is not only still around, but it is also Mrs. BOXER. We have many mayors. are about to debate is an unprece- closer than ever to becoming reality. We had our 1,000th mayor say: Get on dented move by the Senator and her As long as it remains out there, it will with it. Let’s get the job done. cosponsors to overturn a health finding be plan B for those who wish to address Senator MURKOWSKI laid out various made by health experts and scientific climate change at any cost. If this ways that we have people working. She experts in order to stand with the spe- issue has become so politicized that left out one way. The House-passed cial interests. Now that is clear to me, some Members would support EPA reg- bill. The Senate Environment and Pub- regardless of what is said on this floor. ulation instead of a legislative effort lic Works had an overwhelming major- I listened to my colleague. I never aimed at passing a bipartisan bill, that ity in our committee for our approach. heard her say we want to overturn the would not only be a tragedy for our We have Senators KERRY, GRAHAM, and experts who found that carbon pollu- constituents but I believe also a sad LIEBERMAN—and I support what they tion is a danger to the health of our day for us in the Senate. are doing—trying to find the 60 votes If we are serious about fulfilling our families. so we can have the kind of bipartisan- Now, look, it is very reasonable to duty to our constituents and giving ship Senator MURKOWSKI lauds. We debate the best way to clean up the air this issue the full debate it deserves, have Senators CANTWELL and COLLINS from carbon pollution. I have a way I we should take the EPA regulations off coming together—and I am very ex- think is the best that is supported by the table. Without a backstop that cited about that—on a new approach on many in the environmental commu- says ‘‘emissions will be reduced, one how to deal with carbon pollution, and nity, many in the business community. way or another, no matter how pain- that debate is appropriate. Let me tell I have a letter signed—which I would ful,’’ supports of climate legislation my colleagues what is not appropriate: ask to be printed in the RECORD—by 80 would have to get serious about finding to repeal a finding that was made by businesses that just took out an ad and common ground and bipartisan cospon- scientists and health experts that car- said: Let’s get on with it. They want to sors. bon pollution is a danger to the health Major environmental legislation such set up the type of system that I do, of our children, to our families, to our as the Clean Air Act, the Clean Water which would give maximum flexibility communities. That is inappropriate, Act, and the Safe Drinking Water Act to business. and it has never, ever been done before. Mr. President, I ask unanimous con- all faced opposition at the outset. That I wish to say where I stand on this. sent that letter be printed in the is no secret or surprise. But Members My No. 1 job as a Senator is to protect RECORD. the health and safety of the people of worked together to resolve concerns in- There being no objection, the mate- my great State of California and the stead of threatening to take a different rial was ordered to be printed in the and more damaging course. people of America. I believe that is our RECORD, as follows: As Senator Ed Muskie would later highest calling. The Murkowski resolu- DEAR PRESIDENT OBAMA AND MEMBERS OF write, the Clean Air Act ‘‘was passed tion is a direct assault on the health of CONGRESS the American people. Make no mistake unanimously after just two days on the As you set the nation’s legislative agenda floor,’’ which prompted Senator Eu- and policy priorities for the Second Session about it. You can cover it up with lots gene McCarthy to remark that he had of the 111th Congress, we, American business of words. You can say a lot of things ‘‘finally found an issue better than leaders from companies of all sizes and sec- about how proud you are of all the motherhood—and some people are even tors of our economy, call on you to move work that is going on to control carbon against motherhood.’’ The Clean Water swiftly and boldly to enact comprehensive pollution. But when you get up here Act passed by a vote of 86 to 0, and the energy and climate legislation. This legisla- and you offer a resolution—and I have Safe Drinking Water Act did not even tion will spur a new energy economy and it in my hands—that clearly says over- with it create 1.7 million new American jobs, turn the endangerment finding that, require a rollcall vote. It was passed by many in struggling communities across the voice vote. country. At the same time, it will enhance simply stated, in accordance with the The Senate has a history of coming our national security by making America Supreme Court ruling, carbon is, in together to overwhelmingly support more energy independent while also cutting fact, a danger to the health of our fam- commonsense environmental legisla- carbon emissions. ilies, to do this is unprecedented. What

VerDate Nov 24 2008 01:10 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.031 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S88 CONGRESSIONAL RECORD — SENATE January 21, 2010 would have happened if a Senator came would do exactly what my colleague My colleague complains about the to the floor the year we found out nico- would do. We would fight back. What- command and control of the EPA. I tine and cigarettes are addictive and ever it took, we would fight back. Well, wish to talk about that—the command cause cancer—what would have hap- this is about the public health. This is and control of the EPA. These are pened if a Senator came down here and about the health of the planet. This is words that are meant to frighten peo- said, Oh, no, no. We want to overturn about the future of America. This is ple. I never heard her come down and that rule that regulates how much nic- about jobs in America. There is lots of say: We want to take away the com- otine can go in there. That is some- debate we can have. But, my goodness, mand and control of the EPA under the thing we know better about because we talk about picking a battle over a sci- Clean Air Act to make sure we don’t are politicians and, suddenly, we be- entific fact. That is what my colleague have smog in the air. I never heard her come doctors. is doing. come down here and say: We don’t need What would have happened if a Sen- She says she is standing with the to have the command and control of ator came down to the floor and said: American people. Let me tell my col- the EPA in making sure that arsenic in We don’t like the finding by the EPA leagues a few of the American people the water isn’t overwhelming or mer- that lead is a danger to our children who strongly oppose what she is doing. cury in the fish. I don’t hear her doing and causes brain development issues The American Public Health Associa- that. So all of a sudden, command and and we don’t want them to act on that. tion says: ‘‘We strongly urge you to op- control of the EPA is an issue. We have We don’t want them to control that. It pose any resolution that would repeal an Environmental Protection Agency is OK if they suck it up when they are the public health findings.’’ The Asso- to protect our people. If we wind up little babies. Thank God no Senator did ciation of Public Health Laboratories, overturning the health issues that are that. I don’t recall any Senator coming the National Association of County and necessary before they can act, what are to the floor of this Senate and saying: City Health Officials, the National En- we doing here? Playing doctor? That is Asbestos? Well, maybe it is OK if peo- vironmental Health Association, the not why I came here. ple breathe it in, so let’s repeal the Physicians for Social Responsibility, We have the EPA every day going out rule that says we need to protect our the Trust for America’s Health, the there and controlling hazardous air workers from asbestos. No Senator Centers for Disease Control which, pollutants: carbon tetrachloride known ever did that, thank God, so our agen- under the administration of George W. to cause cancer. Does my friend want cies could move forward and protect Bush, started the scientific work that to come down and say: Gee, that is our communities and our people. lead to this endangerment finding. command and control; let’s take away Black lung disease, that was a long Let’s be clear. Ninety percent of the the ability of the EPA to protect our time ago. There was a connection made work on this endangerment finding was families from carbon tetrachloride. between the coal dust and our miners. done by the Bush administration. This Naphthalene, another known toxin I don’t remember—or I didn’t read is such a radical amendment, it throws that causes cancer. Yes, the EPA is out about—anybody coming to the floor out all their work too. there, command and control, getting it and saying we need to repeal the health Our families come first, and if our out of the environment. Vinyl chloride, finding on this. Because we didn’t have families come first in all our minds, any Senators who did that, frankly, then we can battle about how to get known to cause cancer; cadmium, and because we had enough respect for the carbon out of the air, but we should known to cause cancer and harm the health officials, public health officials, not be repealing a finding that clearly reproductive system. They are all tox- scientists, doctors, we let them do states that our family’s health would ins the EPA is working on to make their job. Yes, we might have fought it suffer if we don’t get this carbon out of sure our families are protected. One day I suppose the Senator could out here: Gee, how much should we the air. come down here and say: Let’s repeal spend to protect our workers from My colleague says she wants to get the scientific finding that said these black lung disease? How much should the carbon out of the air. She is look- we spend to protect our workers from ing forward to working with all the toxins cause cancer and then the EPA asbestos? How much should we spend colleagues I mentioned and more. That will not have the ability to use their as a society to take the lead out of is great. Believe me, she and I have command and control to protect our paint? We never, ever had a Senator talked about this, and I hope she comes families. This is the type of precedent come down to the floor to try and over- to the table. It would be wonderful if we are setting today, at a time when turn a finding that was made by the we got her help and she went on a bill. we know there are more and more health community. So far that hasn’t happened and that is chemicals and toxins that are, in fact, This is a new low, in my humble her choice. Maybe she will write her impacting our families. Cyanide is an- opinion. The reason I say that is be- own bill, and that would be wonderful other one. Cyanide. The scientists told cause, to me, I am here for one reason: too. But that doesn’t mean because we us it is extremely toxic to people. It to make life better for the people I rep- haven’t found the 60 votes that we can harms the nervous system. It harms resent. Repealing scientific health ex- afford to come down here and repeal a the cardiovascular system and the res- pert findings is not what I should be finding that is very clear about the piratory system. We control it through doing. I should be working to make health of our people. command and control and the EPA be- sure, after I know the fact that there is There are health effects of doing cause it is a danger. The Supreme a danger, what is the best way to get nothing. My colleague says: You know Court said, in very clear language, to the carbon pollution out of the air. what. It may take us a while to fix this the Bush EPA: You wasted 8 years. That is totally fair. I can tell my col- problem, maybe a year. It may take 5 This is a danger to society. In the Su- leagues right now, I am not going to years, by the way. What she wants to preme Court decision, this conservative get my way on the best way to do it be- do is state that nobody can take action court said to the EPA: You better cause we don’t have 60 votes for that. I to protect our families from carbon make this endangerment finding. understand that. That is why I am sup- pollution while we dither around here. Here is what we know about the porting all my colleagues who are I am happy we are working. It could endangerment finding my colleague working so hard to try and come up take us a long time to get this. Do my wants to overturn. There is evidence— with the 60 votes so we don’t repeal an colleagues know how long it took to this is what the EPA found—that the endangerment finding. What would get the Clean Air Act amendments? A number of extremely hot days is in- have happened to our families if we had long time. It took years. I am not will- creasing. Severe heat waves are pro- Senators who did this? We didn’t do ing to put my family and my State— jected to intensify, which result in that in the past. We listened to the my families in my State and my State heat-related mortality and sickness. It science and the health experts. We in jeopardy, nor the American people. goes on to talk about air quality, and took action that saved countless lives. Because if we take away this this is important: Climate change is This amendment would harm our fami- endangerment finding and we decide we expected to worsen regional ground- lies. know better than all the health experts level ozone pollution. Exposure to If I saw someone coming down the and all the scientific experts, EPA can- ground-level ozone has been linked to street about to attack my family, I not do anything. respiratory health problems ranging

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Why are loss of species, hazards to coasts from sea people in already poor health, the dis- they meddling in our health? level rise, and an increase in the severity of abled, people living alone, and the ex- That is not how the Senator is ex- extreme weather events. The most recent treme events that are anticipated plaining her amendment, her resolu- science includes findings that sea level rise which, by the way, some people feel are tion. She says: Oh, it is just a little may be more pronounced then the IPCC re- already happening: extreme events moratorium and it will just stop this port predicted and that oceans will absorb such as extreme cold, extreme snow, for a little while. Not true. It repeals less of our future emissions. Recently, 18 extreme flooding, extreme drought; the endangerment finding. American scientific societies sent a letter to Let me tell you about some other let- the U.S. Senate confirming the consensus some of the things that are already view on climate science and calling from ac- happening. ters we received. There are 195 under- tion to reduce greenhouse gases ‘‘if we are to Why on Earth would the Senate get signed endorsers—remember, you heard avoid the most severe impacts of climate into the business of repealing science, from my colleague that the people change.’’ The U.S. National Academy of repealing the work of health experts? stand with her. We have a letter from Sciences and 10 international scientific acad- There is only one answer. There is only 195 signers saying: We urge you to op- emies have also released such statements. one answer, to me: That is what the pose the imminent attack on the Clean Unfortunately, the Murkowski amendment special interests want to have happen Air Act that would undermine public would force the EPA to ignore these sci- entific findings and statements. now because they are desperate, be- health and prevent action on global The CAA is a law with a nearly 40-year cause they know the Clean Air Act warming. This attack comes in the track record of protecting public health and does, in fact, cover carbon pollution. form of an amendment by Senator the environment and spurring innovation by The Supreme Court found that. They MURKOWSKI to the debt bill. They cutting dangerous pollution. This effective have nowhere else to turn. The only thought it was coming in that form. It policy can help address the threat of climate way to stop the Environmental Protec- is now coming in a different form, change—but only if the EPA retains its abil- tion Agency from protecting our fami- which is to reverse the endangerment ity to respond to scientific findings. Instead lies, the way they protect them from finding. of standing in the way of climate action, the They go on to say: Senate should move quickly to enact climate lead and arsenic and smog and naph- and energy legislation that will curb global thalene and vinyl chloride and cyanide The EPA’s ‘‘endangerment finding’’ is warming, save consumers money, and create and others, is to begin to act. based on an exhaustive review of the massive jobs. In the meantime, we urge you to re- We know the EPA is very aware we body of scientific research showing a clear spect the scientific integrity of the EPA’s are working on legislation. They have threat from climate change. endangerment finding by opposing Senator told us, and I think they would tell They go on and they say that their Murkowski’s attack on the Clean Air Act. anyone who would call them, they are organization has a 40-year track record Mrs. BOXER. These doctors and sci- not interested in doing some draconian of protecting the public health. entists are so alarmed at this Mur- measures now. They are just getting Mr. GREGG. Will the Senator be will- kowski amendment to repeal an ready. They are just getting started be- ing to yield for a unanimous consent endangerment finding that they have cause the science has told us this is a request? written a letter, and here is who they problem. So people can stand here and Mrs. BOXER. Yes, as long as I don’t are. I am going to take the time to say: Oh, all we are doing is we are just lose the floor. read all of these people. giving a little time for the Senators to Mr. GREGG. Mr. President, I ask ALABAMA get their 60 votes. Hey, that may not unanimous consent to be recognized David Campbell, Ph.D., Tuscaloosa, AL. after the Senator from California. happen in a year or two or three or five ARIZONA The PRESIDING OFFICER. Is there or six or eight or ten. Maybe it will James Gessaman, Ph.D., Tucson, AZ; happen tomorrow. Believe me, I am objection? Trevor Hare, M.S., Tucson, AZ; Helen working on it. Mrs. BOXER. Reserving the right to Unland, M.S., Gilbert, AZ. I am very hopeful that it will work. object, I want to make sure the speak- ARKANSAS When you get 80 businesses writing us er after that is from our side. With Stephen Manning, Ph.D., Beebe, AR. that understanding, I will not object. and telling us in a letter—a new orga- CALIFORNIA The PRESIDING OFFICER. Is there nization called We Can Lead, and these Richard Ambrose, Ph.D., Los Angeles, CA; are very, very important businesses all objection? Without objection, it is so Linda Anderson, Ph.D., Felton, CA; Stephen across our Nation—maybe that will ordered. Asztalos, Ph.D., Oakland, CA; Lawrence help us act. Mrs. BOXER. Mr. President, I want Badash, Ph.D., Santa Barbara, CA; Holger Until that time, there is only one to put into the RECORD a letter from Brix, Ph.D., Los Angeles, CA; Stephen thing that is available to protect our 195 doctors and scientists who are Brooks, M.S., Carmel, CA; Clifford Bunton, people, to protect their families and alarmed at this Murkowski amendment Ph.D., Santa Barbara, CA; Paul Chestnut, Ph.D., Palo Alto, CA; David Cleveland, their children and the planet, and that to repeal the endangerment finding. I ask unanimous consent to have this Ph.D., Santa Barbara, CA; Bernard Cleyet, is the Environmental Protection Agen- Ph.D., Salinas, CA; Mary Coker, M.S., Mor- letter printed in the RECORD. cy. Maybe if you don’t like the Envi- gan Hill, CA; Alan Cunningham, Ph.D., Car- ronmental Protection Agency, you can There being no objection, the mate- mel Valley, CA; George Ellison, M.D., San get up here and offer an amendment to rial was ordered to be printed in the Diego, CA; Shannon Fowler, Ph.D., Davis, do away with the EPA, just do away RECORD, as follows: CA; Jed Fuhrman, Ph.D., Topanga, CA; Dan- with it, or try to change the Clean Air JANUARY 19, 2010. iel Gluesenkamp, Ph.D., San Francisco, CA; Act and say it should not cover car- DEAR SENATORS: We—the 195 undersigned Andrew Gunther, Ph.D., Oakland, CA; Karen endorsers—urge you to oppose an imminent Holl, Ph.D., Santa Cruz, CA; Jeff Holmquist, bon—if that is what you want to do. By attack on the Clean Air Act (CAA) that Ph.D., Bishop, CA; John Holtzclaw, Ph.D., the way, we would debate that very would undermine public health and prevent San Francisco, CA; Joseph Illick, Ph.D., San soundly. It would be a good debate. action on global warming. This attack comes Francisco, CA; Burton Kallman, Torrance, Don’t come here and try to repeal a in the form of an amendment by Senator CA; Richard Kranzdorf, Ph.D., San Luis very important scientific and health Murkowski to the debt limit bill (H.J. Res. Obispo, CA; Arielle Levine, Ph.D., Berkeley, finding, because that sets a whole new 45) that would prevent the Environmental CA; William Lidicker, Ph.D., Berkeley, CA; precedent. Lord knows where it could Protection Agency (EPA) for acting on its Ics Lindsey, M.S., Santa Cruz, CA; Robert lead. finding that global warming endangers pub- Meese, Ph.D., Davis, CA; Richard Mielbrecht, We have more letters. My colleague lic health and welfare. Because the EPA’s M.S., Stockton, CA; Susanne Moser, Ph.D., finding is based on solid science, this amend- Santa Cruz, CA; Michael Nelson, M.S., can- says she stands on the side of the peo- ment also represents a rejection of that didate, Redwood City, CA; Roger Pierno, ple. OK. That is her judgment. I tell science. M.S., Palo Alto, CA; James Provenzano, you, if you went out and said to people: The EPA’s ‘‘endangerment finding’’ is Ph.D. candidate, Los Angeles, CA; Paul Should the Senate repeal a scientific based on an exhaustive review of the massive Rosenberger, B.S., Manhattan Beach, CA;

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Dale Sartor, M.B.A., Oakland, CA; Robert Wilczek, Ph.D., Cambridge, MA; Jeremy UTAH Siebert, PE, M.S., Orange, CA; David Winick, Ph.D., Acton, MA. Brett Adams, Ph.D., Logan, UT; William Smernoff, Ph.D., Portola Valley, CA; Ray- MICHIGAN Newmark, Ph.D., Salt Lake City, UT; An- mond Smith, Ph.D., Santa Barbara, CA; Peter Albers, Ph.D., Traverse City, MI; drew Schoenberg, Ph.D., Salt Lake City, UT; Glenn R. Stewart, Ph.D., La Verne, CA; Norman Andresen, Ph.D., Ypsilanti, MI; Jack Sites, Jr., Ph.D., Orem, UT. Laszlo J Szijj, Ph.D., Claremont, CA; Ma- Mick DeGraeve, Ph.D., Traverse City, MI; VERMONT thias van Thiel, Ph.D., Hayward, CA; Ray Ray Frodey, M.S., Fremont, MI; Gerald Weiss, Ph.D., La Jolla, CA; Stephen Weitz, Alan Betts, Ph.D., Pittsford, VT; Becky Gardner, Ph.D., Ann Arbor, MI; John Lorand, Ph.D., Oakland, CA. Herbig, M.S., S Burlington, VT. Ph.D., Mount Pleasant, MI; Stella COLORADO Papasavva, Ph.D., Royal Oak, MI. VIRGINIA Ron Alberty, Ph.D., Boulder, CO; Albert MINNESOTA Bruce Collette, Ph.D., Casanova, VA; Ken Gigliello, M.S., Centreville, VA; Judith Bartlett, J.D., Boulder, CO; Robert Cifelli, Dragoljub Bilanovic, Ph.D., Bemidji, MN; Lang, Ph.D., Ophelia, VA; Christopher Ph.D., Fort Collins, CO; Eric Hintsa, Ph.D., Jason Dahl, Ph.D., candidate, Bemidji, MN; Peloso, J.D., Arlington, VA. Boulder, CO; Jose-Luis Jimenez, Ph.D., Boul- Evan Hazard, Ph.D., Bemidji, MN. der, CO; Marni Koopman, Ph.D., Fort Col- WASHINGTON MISSISSIPPI lins, CO; Nan Rosenbloom, Ph.D., Boulder, Robert Briggs, M.A., Pullman, WA; Robert James Lazell, Ph.D., Jackson, MS. CO; Patrick Ryan, Ph.D., Thornton, CO; Brown, Ph.D., Seattle, WA; Richard Gam- Thomas Schlatter, Ph.D., Boulder, CO; Len MISSOURI mon, Ph.D., Shoreline, WA; Vivian Johnston, Shepard, M.S., Westminster, CO; Jerry David Pollack, M.A., Saint Louis, MO. B.S., Oakville, WA; Conway Leovy, Ph.D., Unruh, Ph.D., Manitou Springs, CO; A. NEW HAMPSHIRE Seattle, WA; Scott Luchessa, M.S., Seattle, Wyckoff, Ph.D. candidate, Fort Collins, CO. Patrick Eggleston, Ph.D., Keene, NH; Mi- WA; Bob Vocke, Ph.D., Husum, WA. CONNECTICUT chael Letendre, B.A., Portsmouth, NH. WEST VIRGINIA Robin Chazdon, Ph.D., Storrs, CT; NEW JERSEY Paula Hunt, M.S., Morgantown, WV; James Chandrasekhar Roychoudhuri, Ph.D., Storrs Kotcon, Ph.D., Morgantown, WV. Mansfield, CT. Robert Mason, Ph.D., Lambertville, NJ; Howard Mead, M.S., Cinnaminson, NJ; James WISCONSIN FLORIDA Miller, Ph.D., New Brunswick, NJ. James Boulter, Ph.D., Strum, WI; Tracy James Angelo, M.S. candidate, Orlando, NEW MEXICO Feldman, Ph.D., Stevens Point, WI; Larry FL; Hillary Cherry, M.S., Hobe Sound, FL; Reiter, B.S., Sobieski, WI; Peter Sigmann, Walter R. Courtenay, Jr., Ph.D., Gainesville, Siri Atma Khalsa, M.D., Espanola, NM. M.D., Sturgeon Bay, WI; Richard Steeves, FL; Jack Fell, Ph.D., Key Biscayne, FL; NEW YORK Ph.D., Madison, WI; John Stewart, Ph.D., Chris Hardy, B.S., Miami, FL; Ross Caren Cooper, Ph.D., Ithaca, NY; Kurt Washburn, WI. McCluney, Ph.D., Cape Canaveral, FL; John Gottfried, Ph.D., Ithaca, NY; Karlene Gun- Parker, Ph.D., Miami, FL; Milton Theaman, ter, Ph.D., Rochester, NY; Joel Huberman, These are doctors and scientists from Ph.D., Sarasota, FL. Ph.D., Buffalo, NY; Richard Ostfeld, Ph.D., all over the country who heard about GEORGIA Tivoli, NY; George Profous, M.S. New Paltz, this resolution. Believe me, this is very Shelly Krueger, M.S. candidate, Tybee Is- NY; Susan Riblett, Ph.D., Rochester, NY; quick that they got these signatures. land, GA; Andrea Lowrance, M.S., Gaines- C.S. Russell, Ph.D., New York, NY; David So when Senator MURKOWSKI says she ville, GA; Donald McCormick, Ph.D., Stone Straus, Ph.D., Gardiner, NY; James Wang, stands with the people, I want to point Mt., GA. Ph.D., New York, NY; Ruth Yanai, Ph.D., out that I do not believe for one mo- Syracuse, NY. HAWAII ment that the people of this country NORTH CAROLINA William Mokahi Steiner, Ph.D., Hilo, HI. want to go against the doctors and sci- Daniel Graham, Ph.D., Chapel Hill, NC; ILLINOIS entists who are signing this letter and Richard Gray, Ph.D., Boone, NC; Peter Rey- the health community that says it is Evan De Lucia, Ph.D., Urbana, IL; Karen nolds, Ph.D., Durham, NC; Don Richardson, Glennemeier, Ph.D., Glenview, IL; Scott M.D. Brevard, NC; Brett Taubman, Ph.D., important that we note the dangers of Harper, M.S., Arlington Heights, IL; Caroline Boone, NC. carbon pollution to our families. Herzenberg, Ph.D., Chicago, IL; Martin Jaffe, OHIO I think it is important, when a Sen- J.D., Chicago, IL; Edmond Zaborski, Ph.D., ator takes to the floor and says the Mahomet, IL. James Andrews, Ph.D., Youngstown, OH; Steven Federman, Ph.D., Ottawa Hills, OH; people want to see this endangerment INDIANA Donald Geiger, Ph.D., Dayton, OH; Ben finding overturned, that we make sure Novem Auyeung, Ph.D. candidate, West Lindenberger, B.S., Cincinnati, OH; David we lay out the facts about some very Lafayette, IN; Edward Bachta, M.S., Fishers, Modarelli, Ph.D., Akron, OH; Dan Petersen, important people who lead us on these IN; Mai Kuha, Ph.D., Muncie, IN; Joseph Ph.D., Cincinnati, OH; Benjamin Segall, health issues, and in the course of a Pachut, Ph.D., Indianapolis, IN; Eliot Smith, Ph.D., Cleveland Heights, OH; Gerald Sgro, few days they put together 195 doctors Ph.D., Bloomington, IN. Ph.D., Cleveland Hts., OH; Nicholas and scientists saying: Vote no against Sperelakis, Ph.D., Cincinnati, OH. IOWA the resolution. Richard Baker, Ph.D., Atalissa, IA; Margot OKLAHOMA Mr. President, I will reiterate why I Tollefson/Conard, Ph.D., Stratford, IA. Howard Baer, Ph.D., Norman, OK. am down here on the floor. Senator KENTUCKY OREGON MURKOWSKI is announcing today that Eugene Bruce, Ph.D., Lexington, KY. Kenneth Bergman, Ph.D., Ashland, OR; she seeks to overturn the scientific LOUSIANA Paul Harcombe, Ph.D., Albany, OR; Marilyn finding that carbon pollution is harm- Torbjorn Tornqvist, Ph.D., New Orleans, Harlin, Ph.D., Portland, OR; James Moore ful to the health of our families. I LA. Jr., M.S., Ashland, OR; Paul Torrence, Ph.D., Williams, OR; Pepper Trail, Ph.D., Ashland, think this is radical. I think this has MAINE OR. never been done. If Senators had done Frances Perlman, M.A., West Paris, ME. it in the past, we could not have pro- PENNSYLVANIA tected our families from tobacco, ar- MARYLAND John Cooper, Ph.D., Lewisburg, PA; James DJ Manalo, Ph.D., Rockville, MD; Judith Kasting, Ph.D., University Park, PA; Tim senic, lead, ozone, smog, or cadmium, McGuire, Ph.D., Chevy Chase, MD; Louis Pearce, Ph.D., Pittsburgh, PA; Fred and the list goes on. She doesn’t want Potash, Ph.D., Bethesda, MD; Arthur Tsien, Wuertele, M.B.A., Allentown, PA. EPA to be able to take any action to Ph.D., Chevy Chase, MD. RHODE ISLAND protect our families. This is a very rad- MASSACHUSETTS Rainer Lohmann, Ph.D., Narragansett, RI; ical way to go about it. William Dale, Ph.D., East Longmeadow, Dorothy Read, Ph.D., Kingston, RI. We have a letter from the attorneys MA; Eric Davidson, Ph.D., East Falmouth, TENNESSEE general of Rhode Island, California, MA; Allison Dunn, Ph.D., Boston, MA; Rob- Mark Heald, Ph.D., Pleasant Hill, TN; Den- Connecticut, Delaware, New Mexico, ert Gamache, Ph.D., Lowell, MA; Timothy nis Walsh, Ph.D., Murfreesboro, TN. Vermont, and the corporation counsel Havel, Ph.D., Boston, MA; Charles Kolb, for the city of New York. I ask unani- TEXAS Ph.D., Bedford, MA; Dianne Rocheleau, mous consent to have this letter print- Ph.D., Worcester, MA; Daniel Scholten, M.S., Gerald Fowler, Ph.D., Houston, TX; Thom- Carlisle, MA; Elske Smith, Ph.D., Lenox, as La Point, Ph.D., Denton, TX; Troy ed in the RECORD. MA; Frank Streeter, M.B.A., Lancaster, MA; Ladine, Ph.D., Marshall, TX; John Langan, There being no objection, the mate- John Terrell, Ph.D., Lincoln, MA; Nicholas M.S., San Antonio, TX; Rafael Lopez- rial was ordered to be printed in the White, Ph.D., Manchester, MA; Frank Mobilia, Ph.D., San Antonio, TX. RECORD, as follows:

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JANUARY 19, 2010. stead of standing in the way of progress, vulnerable communities to the impacts of Re Senator Murkowski’s anticipated Amend- Congress should defeat [this resolution]. climate change. In addition, this attempt to ment to H.J. Res. 45; also, any Congres- Communities of faith—I think it is undermine the authority of the EPA and the sional Review Act Resolution Relating to very important when the Senator from CAA to regulate greenhouse gas emissions EPA’s Endangerment Finding. will interfere with an effective U.S. response Alaska says she stands with the peo- to this global crisis. Hon. HARRY REID, ple—let’s see where the communities of Majority Leader, U.S. Senate, Senator Murkowski’s amendment threat- Washington, DC. faith come down. They are saying vote ens the well being of at risk communities, undermines efforts to shift to a sustainable Hon. MITCHELL MCCONNELL, no on the Murkowski amendment. energy future, and inevitably will impact the Minority Leader, U.S. Senate, They include the Church World Serv- right of all of God’s children to live in a Washington, DC. ice; the Coalition on the Environment healthy world. Congress should instead focus DEAR SENATORS REID AND MCCONNELL: We and Jewish Life; the Episcopal Church; are writing to urge you to oppose Senator its efforts on passing comprehensive climate the Evangelical Lutheran Church in legislation, a complementary path to the Murkowski’s anticipated amendment to the America; the Jewish Council for Public debt limit bill (H.J. Res. 45), which is ex- EPA’s regulation of greenhouse gases, as a pected to embody a Congressional limitation Affairs; the Jewish Reconstructionist means to ensure a just and sustainable fu- on actions by the Environmental Protection Federation; the National Council of ture for God’s Creation. Agency (EPA) to begin to regulate carbon di- Churches USA; the Maryknoll Office Mrs. BOXER. Mr. President, we also oxide and other global warming pollutants. for Global Concerns; the Presbyterian have another letter opposing the ef- We refer to Senator Murkowski’s widely-re- Church, USA, Washington office; the forts of the Senator from Alaska to ported attempt to introduce a floor amend- Missionary Oblates, Justice, Peace/In- overturn the endangerment finding. ment to restrict or void the EPA’s recent tegrity of Creation Office; the Union That letter is signed by many members (December 15, 2009) endangerment finding for Reformed Judaism; the Unitarian of the business community. I will name (found at 74 Fed. Reg. 66496) or to block EPA just a few, and then I will ask that this from limiting emissions from power plants Universalist Ministry for Earth; the or other sources of carbon pollution. That Unitarian Universalist Association of letter be printed in the RECORD. The amendment will probably be offered on Janu- Congregations; the United Church of signers include the CEO of Lucesco ary 20, or shortly thereafter, as an extra- Christ, Justice and Witness Ministries; Lighting; the president of Cross River neous addition to the debt limit bill. the United Methodist Church General Pictures; George Bailey of IBM; physi- We also oppose, whether introduced by this Board of Church and Society; and cist Tony Bernhardt from the Law- means, at this time, or otherwise, any Con- United Methodist Women. rence Livermore National Lab; a pro- gressional Review Act (CRA) resolution re- I ask unanimous consent to have fessor of physics at MIT, Aaron Bern- lating to the endangerment finding. Thus, stein. This goes on and on. I am also this letter also applies to any attempt, in that printed in the RECORD. the coming months, at a Congressional veto There being no objection, the mate- picking out the Theological Seminary of the EPA’s above-referenced action. rial was ordered to be printed in the in San Francisco; doctoral students The time is long overdue for the federal RECORD, as follows: from Stanford; financial adviser, UBS government to take action to drastically re- U.S. SENATE, Financial Services; the president of In- duce greenhouse gas emissions and to pre- Washington, DC, January 19, 2010. vestment Marketing, Inc. It goes on vent disruptive climate change. The antici- DEAR SENATOR: As communities and people and on. Seattle University Law School, pated Murkowski amendment and/or the of faith, we are called to protect and serve an assistant professor there. I don’t CRA resolution would be not only giant God’s great Creation and work for justice for even know, there are so many names. steps backwards, but would needlessly delay all of God’s people. We believe that the reductions in greenhouse gas emissions that Cofounder of Sybase, New Resource United States must take all appropriate and Bank, Environmental Entrepreneurs, we can and should begin making today. available actions to prevent the worst im- EPA’s endangerment finding is compelled pacts of climate change; we therefore urge Bob Epstein; General Partner of Trin- by the Supreme Court’s decision in Massa- you to oppose any efforts to undermine the ity Ventures; Lakeside Enterprises, chusetts v. EPA, 549 U.S. 497, 528–29 (2007), rul- authority of the Clean Air Act to regulate Granite Ventures, Tymphany; the ing that the Clean Air Act covers global greenhouse gas emissions. In particular, we former vice president of Oracle; the warming pollutants. The finding is the basis urge you to work for the defeat of Senator for President Obama’s issuance of landmark former executive vice president of Ora- Murkowski’s (AK) proposed amendment to cle. And on and on. The Sexton Com- greenhouse gas emission vehicle standards— the upcoming debt limit bill (H.J. Res 45) with the support of auto companies, auto pany; ClearEdge Power. It goes on and that would prevent the Environmental Pro- on. Data Robotics, Inc.; a freelance workers, states, and environmentalists—that tection Agency (EPA) from going forward will save consumers money at the pump, cut with greenhouse gas regulations under the journalist. This is quite a list of people. global warming pollution, reduce America’s Clean Air Act (CAA). It shows the breadth of our great Na- oil dependence and lay the groundwork for The CAA has a strong history of reducing tion. The Green Energy Czar at Google the new clean energy economy. This amend- pollution and protecting God’s children and is involved here; Cisco Systems, Jeff ment would eviscerate the important God’s Creation, successfully decreasing the progress EPA, partly at the behest of the Weinberger, the sustainability lead; prevalence of acid rain, responding to health Amanda Weitman, senior vice presi- States, has made in this area. threatening smog and ozone problems faced The amendment also would undermine dent, Wells Fargo private bank; Solar in our major urban areas, and generally im- EPA’s important efforts to use the Clean Air Project Developers, and on and on. proving the air quality of our nation in the Act to ensure that the nation’s largest power decades since its passage. It is only appro- I ask unanimous consent to have plants and factories use modern technology priate that the CAA continue to oversee any printed in the RECORD this letter. to reduce their global warming pollution, as and all air-related challenges that we face. There being no objection, the mate- they already must do for other pollutants. In 2007, the Supreme Court ruled that green- rial was ordered to be printed in the EPA has proposed to tailor those rules to ex- house gas emissions, the leading cause of cli- RECORD, as follows: empt small carbon emitters. In sum, we support EPA’s actions as a mate change are, in fact, covered under the ENVIRONMENTAL ENTREPRENEURS, start towards holding the biggest polluters CAA and could be regulated by the EPA. New January 15, 2010. accountable, reducing America’s oil depend- CAA regulations limiting greenhouse gas DEAR SENATOR: As members of Environ- ence and jump-starting a vibrant clean en- emissions will also ensure that the largest mental Entrepreneurs (E2), we urge you to ergy economy. A vote for the Murkowski emitters, such as power plants and factories, oppose Senator Murkowski’s amendment to amendment would be a step backwards. In- use the best available technologies to reduce the debt limit bill (H.J. Res. 45). This amend- stead of standing in the way of progress, their greenhouse gas emissions and begin to ment would diminish incentives to the pri- Congress should defeat the promised floor shift to sustainable forms of energy. vate sector to invest in low carbon tech- amendment and any measures of that na- The EPA, in its efforts to implement the nologies, retarding much needed economic ture. CAA in an appropriate manner, has already growth and job creation in the clean energy proposed to tailor the CAA to exempt small sector. Mrs. BOXER. Mr. President, they carbon emitters and apply them only to E2 represents a national community of 850 say: large sources that have long been subject to business leaders who promote strong envi- In sum, we support EPA’s actions as a similar standards for other pollutants. How- ronmental policy to grow the economy. We start towards holding the biggest polluters ever, Senator Murkowski’s proposed amend- are entrepreneurs, investors and profes- accountable, reducing America’s oil depend- ment would prevent these regulations from sionals who collectively manage over $20 bil- ence and jump-starting a vibrant clean en- moving forward, allowing our nation’s sub- lion of venture capital and private equity, ergy economy. A vote for the Murkowski stantial contribution to global climate and have started well over 800 businesses amendment would be a step backwards. In- change to continue unchecked and exposing which in turn have created over 400,000 jobs.

VerDate Nov 24 2008 01:10 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JA6.029 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S92 CONGRESSIONAL RECORD — SENATE January 21, 2010 The Clean Air Act is an example of how I ask unanimous consent to have The St. Louis Post-Dispatch has a sensible policy can benefit both our environ- printed in the RECORD this letter that very good editorial. They also come ment and our economy. While improving air Senator BAUCUS worked so hard on out against this kind of a move by Sen- quality in our cities, reducing acid rain, and with his staff. Here is what we say—I protecting the ozone layer, the law has also ator MURKOWSKI and big oil and big driven innovation in pollution control and think it is important—and then I will coal. They believe this vote is a very industrial efficiency, minimizing cost to have the letter printed in the RECORD: important vote. business. According to the Environmental The U.S. Environmental Protection Agen- I ask unanimous consent to have Protection Agency (EPA), the health bene- cy (EPA) recently issued a finding that these editorials printed in the RECORD. fits of the Clean Air Act outweigh the costs greenhouse gas pollution endangers public There being no objection, the mate- by as much as a 40:1 ratio. health and public welfare. In April 2007, the rial was ordered to be printed in the In 2007 the U.S. Supreme Court ruled that U.S. Supreme Court ruled that greenhouse RECORD, as follows: global warming pollutants are covered under gas emissions were covered under the Clean the Clean Air Act, and President Obama is Air Act and the EPA had a duty to deter- [From the New York Times, Jan. 19, 2010] carrying out the law by issuing clean vehicle mine whether the endangerment finding was MS. MURKOWSKI’S MISCHIEF standards and taking steps to ensure that warranted by science. Senator Lisa Murkowski’s home state of large polluters use the best-available tech- Then we go on to say: Alaska is ever so slowly melting away, cour- nology to reduce their global warming pollu- Debating policy choices regarding the ap- tesy of a warming planet. Yet few elected of- tion. EPA is already working to ensure that propriate response to unchecked climate ficials seem more determined than she to these rules apply only to major emitters. change is fair, and the Senate will continue throw sand in the Obama administration’s The growing clean energy sector represents to evaluate the best tools for addressing efforts to do something about climate our greatest opportunity to restore a robust greenhouse gas emissions, but repealing an change. economy and create new jobs. Investors and endangerment finding based upon years of As part of an agreement that allowed the entrepreneurs in this sector are seeking to work by America’s scientists and public Senate to get out of town before Christmas, commercialize the innovations and tech- health experts is not appropriate. Democratic leaders gave Ms. Murkowski and nologies that will secure America’s competi- several other Republicans the chance to offer tive position in the global economy. The We urge a ‘‘no’’ vote. I ask unanimous consent to have amendments to a must-pass bill lifting the Murkowski amendment sends the wrong debt ceiling. Voting on that bill begins this market signal at the wrong time, under- printed in the RECORD this letter. There being no objection, the mate- week. Although she has not showed her hand, mining investor confidence in this critical Ms. Murkowski has been considering various industry. rial was ordered to be printed in the proposals related to climate change—all mis- Instead of blocking the administration’s RECORD, as follows: chievous. efforts to curb carbon pollution, the Senate U.S. SENATE, COMMITTEE ON ENVI- One would block for one year any effort by should enact strong climate and energy leg- RONMENT AND PUBLIC WORKS, the Environmental Protection Agency to islation to deploy America’s workforce, en- Washington, DC, January 11, 2010. regulate greenhouse gases like carbon diox- courage business innovation, and promote DEAR COLLEAGUE: The U.S. Environmental ide. This would prevent the administration U.S. leadership in 21st century clean tech- Protection Agency (EPA) recently issued a from finalizing its new and much-needed nologies. We urge you to oppose Senator finding that greenhouse gas pollution endan- standards for cars and light trucks and pre- Murkowski’s amendment. gers public health and public welfare. In vent it from regulating greenhouse gases Sincerely, April 2007, the U.S. Supreme Court ruled that from stationary sources. (273 E2 members signed this letter) greenhouse gas emissions were covered under Ms. Murkowski also is mulling a ‘‘resolu- Mrs. BOXER. Mr. President, it is the Clean Air Act and the EPA had a duty to tion of disapproval’’ that would ask the Sen- very clear that Senator MURKOWSKI’s determine whether the endangerment find- ate to overturn the E.P.A.’s recent amendment is causing a ripple ing was warranted by the science. A ‘‘Resolu- ‘‘endangerment finding’’ that carbon dioxide tion of Disapproval’’ using expedited proce- and other global warming gases threaten throughout the country. It is causing a dures under the Congressional Review Act or firestorm of protests among doctors, human health and the environment. This other similar amendment is expected to be finding flowed from a 2007 Supreme Court de- scientists, and business leaders who be- introduced in the Senate to overturn EPA’s cision and is an essential precondition to any lieve it is a bad precedent to overturn global warming endangerment finding. regulation governing greenhouse gases. Re- science. It is hard for me to believe in Debating policy choices regarding the ap- scinding the finding would repudiate years of this century that is what we would be propriate response to unchecked climate work by America’s scientists and public doing. change is fair, and the Senate will continue health experts. to evaluate the best tools for addressing I wish to have printed in the RECORD Ms. Murkowski says she’s concerned about greenhouse gas emissions, but repealing an global warming but worries even more about some editorials from various news- endangerment finding based upon years of papers. One is from the New York what she fears would be a bureaucratic work by America’s scientists and public nightmare if the E.P.A. were allowed to reg- Times dated 2 days ago, ‘‘Ms. Murkow- health experts is not appropriate. ulate greenhouse gases. She says she would The independent work of scientists and ski’s Mischief.’’ They are basically say- prefer a broad legislative solution. So would public health experts from both the Bush and ing, which I thought was interesting: President Obama. But unlike Ms. Mur- Obama administrations should stand on its Senator Lisa Murkowski’s home State of kowski, he would not unilaterally disarm the own. We strongly urge you to vote ‘‘no’’ Alaska is ever so slowly melting away, cour- E.P.A. before Congress has passed a bill. when a Resolution of Disapproval or a simi- tesy of a warming planet. Yet few elected of- Judging by the latest and daffiest idea to lar amendment comes before the Senate. ficials seem more determined than she to waft from Ms. Murkowski’s office, she may Sincerely, throw sand in the Obama administration’s not want a bill at all. Last fall, the Senate Barbara Boxer, Chairman; Thomas R. efforts to do something about climate environment committee approved a cap-and- Carper; Frank R. Lautenberg; Ben- change. trade scheme that seeks to limit greenhouse jamin L. Cardin; Bernard Sanders; Amy gas emissions by putting a price on them. It is unbelievable. They go on to say Klobuchar; Sheldon Whitehouse; Tom The Democratic leadership’s plan is to com- if she chooses to overturn this Udall; Max Baucus; Jeff Merkley; bine the bill with other energy-related meas- endangerment finding, ‘‘rescinding the Kirsten Gillibrand; Arlen Specter. ures to broaden the base of support; by itself, finding would repudiate years of work Mrs. BOXER. Mr. President, the it cannot pass. by America’s scientists and public Washington Post said about the Mur- Knowing that the bill is not ripe, Ms. Mur- health experts.’’ kowski amendment that hobbling the kowski may bring it up for a vote anyway as I think this is important. The work EPA is not the right course. The cor- an amendment to the debt bill. Why? To that has been done leading up to this rect response is to provide a better al- shoot it down. The tactic would give us a endangerment finding was done by Re- ternative. Obviously, they are not in ‘‘barometric reading’’ of where the Senate publican and Democratic administra- favor of overturning an endangerment stands on cap-and-trade, one Murkowski tions alike. To just throw it out with staffer said recently. What it really gives us finding. is a reading on how little the senator—or for this resolution makes no sense at all. I The Scranton Times-Tribune—a very that matter, her party—has to offer. know Senator BAUCUS is on the Senate important, I think, editorial, says: floor. He served as chairman of the En- There should be little debate on . . . the [From the Washington Post, Jan. 20, 2010] premise that cleaner air is healthier. . . . vironment and Public Works Com- AVOIDING A TRAP ON CLIMATE CHANGE mittee. He took a very important role I think that is really what we are Ever since his inauguration a year ago, in framing a letter where we lay out saying. The scientists are saying let’s President Obama has tried to motivate Con- why this is a very bad idea. I thank clean up the carbon and have healthier gress with a strong ultimatum: Pass climate- him for that. air. change legislation, or the Environmental

VerDate Nov 24 2008 01:43 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JA6.028 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S93 Protection Agency (EPA) will use its author- [From the St. Louis Post-Dispatch, Jan. 19, KOWSKI, as I understand it, under the ity under the Clean Air Act to curb carbon 2010] rules. She is using the rules to be able emissions without your input. THE DIRTY AIR ACT OF 2010 to do this. Instead of accepting this as a prod toward (By Melissa K. Hope) I do not think the American people useful action, Sen. Lisa Murkowski (R-Alas- ka) apparently wants to disarm the adminis- Big Oil and dirty coal are spending hun- should be misled into thinking this is tration. This week she is set to offer a meas- dreds of millions of dollars to stop Congress about postponing action on cleaning up ure, perhaps as an amendment to a bill rais- from passing new clean energy legislation carbon pollution. It is about something ing the federal debt ceiling, that would, one and now they are trying to gut one of our na- much deeper than that. If her resolu- way or another, strip the EPA of its power to tion’s most important environmental laws, tion passes and if it does become the the Clean Air Act. regulate carbon emissions as pollutants, per- law of the land—and I hope and I do not haps for a year, perhaps forever. We aren’t Just last month, the U.S. Environmental Protection Agency moved to enforce the believe it will at the end of the day— fans of the EPA-only route. The country what she is doing is something unprec- would be better off if Congress established Clean Air Act. The EPA declared that global market-based, economy-wide emissions warming pollution endangers human health edented. curbs. But hobbling the agency isn’t the and welfare and announced plans to limit That unprecedented move is to over- right course, either. emissions from the biggest polluters. Now turn a finding made by the scientists If Congress fails to act, carefully adminis- this plan is under attack in Congress by Sen. and the health experts on the impacts tered EPA regulation of carbon emissions Lisa Murkowski, R-Alaska, and other friends of carbon pollution. This has never of Big Coal and Big Oil, and faces a crucial could ensure that America makes some real been done before. Senators play the reductions, if not necessarily in an optimally vote this week. Sen. Murkowski wants to bail out big pol- role of Senators; they do not play the efficient manner. If Congress passes climate luters by blocking President Barack Obama role of doctors. They do not play the legislation, the EPA’s role, if any, could be and the EPA from taking action to limit tailored to work with a legislated emissions- role of scientists. I will tell you, if we emissions. She is proposing an amendment reduction regime. So removing the EPA’s au- start doing that, there is no end to to the Senate’s national debt ceiling bill. Her thority now is at least premature. The cor- what we could do. We could overturn amendment would dismantle the Clean Air rect response to the prospect of large-scale action on controlling the nicotine in Act and put the public’s health and safety at EPA regulation is not to waste lawmakers’ cigarettes. We could overturn action to risk to global warming. Her ‘‘Dirty Air Act energy in a probably futile attempt to weak- of 2010’’ would block the EPA from limiting control the lead allowed in paints. We en the agency. Instead, the Senate should carbon dioxide emissions. could overturn the science based on provide a better alternative. After years of research, scientific debate, limits for arsenic in water. I could go That effort is already fraught. The best court cases, public hearings and comments, policies—a simple carbon tax or cap-and- on and list all the toxins—cadmium, Senator Murkowski is suggesting that we trade scheme -aren’t gaining steam. Instead, carbon tetrachloride, naphthalene, tol- simply choose to ‘‘un-learn’’ that global the House passed a leviathan bill, and the uene, and it goes on. That is why this warming is happening and that it will be Senate is stalled. Majority Leader Harry M. is such a dangerous turn of events. dangerous to human health and welfare. Reid (D-Nev.) indicated last week that he I am very much up for a debate on The EPA merely is doing what the Clean fears Ms. Murkowski’s measure will diminish Air Act already requires—and what it was the best way to solve this problem of chances of producing a bipartisan climate- ordered to do almost three years ago by the too much carbon pollution in the air. change bill. Ms. Murkowski would do better U.S. Supreme Court. And last month, more We differ. Some of us have one idea, by helping end the Senate’s paralysis than than 400,000 Americans submitted comments some have another. That is why I am by seeking to condemn the rest of govern- in favor of the EPA’s proposal to limit pollu- ment to the same inaction. so hopeful that Senators KERRY, tion from the biggest global warming pol- GRAHAM, and LIEBERMAN, with all of us luters, among the highest number of com- [From the Scranton Times-Tribune, Jan. 19, working in the background, can come ments ever submitted in favor of any pro- 2010] up with the 60 votes necessary. But posal. WIN FIGHT FOR CLEANER AIR The EPA plans to limit the new common make no mistake about it, we should Most of the debate about the human con- sense, economically feasible regulations to not start down the path of overturning tribution to global warming is about politics the largest polluters only. Suggestions that a health finding. That is not why we and economics rather than science. The vast the EPA plans to regulate farms, schools, were elected. preponderance of scientific evidence points hospitals, cows and Dunkin’ Donuts are sim- I can just speak for my constituents. to a human contribution to global warming. ply false. EPA Administrator Lisa Jackson My constituents sent me here. They For the most part, the debate truly is about has said as much on numerous occasions. want me to protect the health and safe- how to bear the costs of remedial action. Such statements, which are an attempt to ty of the people, and that is what I in- There should be little debate on any basis, scare small businesses, merely are mis- however, on the premise that cleaner air is leading smears designed to derail any limits tend to do. healthier air, regardless of the global warm- on polluters. I am very proud of the doctors who ing stalemate. Sen. Murkowski might say her amendment have come forward today. I met with Yet a move is afoot in the Senate, based is just a one-year time-out, but we’ve al- one in my office just about an hour upon the global warming debate, to thwart ready had a nearly decade-long ‘‘time-out’’ ago. They are going to stand with us, use of the Clean Air Act for its intended pur- as pundits for big oil and coal had their way. and they are going to tell the truth pose—to improve air quality and, therefore, The clean-energy economy and action to about this. The American people will public health. curb global warming no longer can be held judge who is on their side. That is up to The U.S. Environmental Protection Agen- hostage by petty politics and partisan ob- cy issued a finding last year that greenhouse structionism. We can’t choose to deny that them. They will make that decision. gas emissions are pollution that endangers this pollution is harmful any longer. Mr. President, I am so grateful for public health. The EPA undertook the anal- Instead of looking for ways to delay ac- your patience. I have put many things ysis after the U.S. Supreme Court ruled in tion, Congress needs to finalize comprehen- into the RECORD. I have spoken much 2007 that the emissions were covered by the sive clean energy and climate legislation as longer than I normally do, I am sure to Clean Air Act. soon as soon possible. Missouri’s senators— the chagrin of a few people on the In the 40 years since the Clean Air Act’s Republican Christopher ‘‘Kit’’ Bond and other side, which I understand how passage, it has been responsible for substan- Democrat Claire McCaskill—must say no to they feel. But I felt it important to lay tial improvements in air quality. Cleaner this fast-approaching amendment that would fuels, higher-mileage vehicles, reduced in- block EPA action on climate-changing emis- out how serious I think this is. Not dustrial emissions and related measures have sions from the largest polluters. More impor- that I think at the end of the day it helped to clean the air—and water, since air- tant, it is time Missouri’s senators strongly will become the law but because I love borne pollution falls into waterways. support clean energy and climate legislation serving in the Senate. I love the work The Senate could vote as early as Wednes- that will mean less pollution, new industries, we do. And one of the things we should day on a proposal, by Sen. Lisa Murkowski more jobs and greater security right here at not do is overturn science and public of Alaska, that in effect would exclude home. health experts. That is exactly what greenhouse gases from EPA regulation. Mrs. BOXER. Mr. President, in sum- the Murkowski resolution does. America’s direction since the passage of mary, I will say this: I do not want the the Clean Air Act has been toward, rather Mr. President, I know Senator GREGG than away from, cleaner air. Sen. Arlen American people to misunderstand will be speaking, and we have a slot re- Specter has committed to voting against the what is before us in this resolution served for a Democrat after that con- Murkowski gambit; Sen. Bob Casey should that will be coming up for a vote at a clusion. join him. time determined by Senator MUR- I yield the floor.

VerDate Nov 24 2008 01:10 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JA6.032 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S94 CONGRESSIONAL RECORD — SENATE January 21, 2010 Mrs. GILLIBRAND. Mr. President, I mine action to tackle climate change spending that exceeds 20 percent of the rise today to speak against the pro- and urge this body to move forward gross national product. Everything else posed amendment from the Senator with comprehensive climate and clean in the Federal Government, if we were from Alaska. energy legislation. to maintain our usual spending level, This resolution of disapproval goes The PRESIDING OFFICER. The Sen- could not be done. Our national de- against good public health policy and ator from Montana is recognized. fense, education, building roads—all poses a serious threat to my constitu- Mr. BAUCUS. Under the previous those sorts of things could not be done. ents in New York—and all Americans— order, I believe the Senator from New But that does not stop there. With undermining our ability to advance ef- Hampshire is to have the floor. those three programs, the costs go up forts to clean our air and water and The PRESIDING OFFICER. The Sen- astronomically as we go out into the leave our world a better, healthier ator from New Hampshire is recog- future. place. nized. To pay for those costs, we have to This assault on the Clean Air Act AMENDMENT NO. 3302 run up the debt of the United States at would handcuff the Environmental Mr. GREGG. Mr. President, I rise to a rate that we have never seen. It will Protection Agency, stripping it of its support the amendment offered by Sen- double in 5 years. It will triple in 10 authority to regulate dangerous green- ator CONRAD, of which I am a primary years. Those are hard numbers. Our house gases. This amendment would let sponsor, to address what is the second debt, as I said, will pass the 60-percent large scale polluters off the hook by biggest threat our Nation faces. Clear- threshold. scrapping requirements for electric ly, the largest threat our Nation faces Why is that considered a tipping generation facilities to use modern is the fact that terrorists who wish to point? Because to get into the Euro- technology to reduce emissions and do us harm might get their hands on a pean Union, which is a group of indus- produce cleaner energy. weapon of mass destruction and use it trialized states, they have a threshold If passed, this amendment would send against us. That is our Nation’s great- which a nation cannot have a public a message that the United States will est threat. But after that, the biggest debt that exceeds 60 percent of GDP. It remain reliant on outdated and ineffi- threat to this country is our fiscal sit- cannot have deficits that exceed 3 per- cient energy technologies and delay in- uation and the fact that we are on a cent of GDP. Our deficits for the next vestment in new, clean technologies path where our Nation will go into 10 years will be between 4.5 percent and that would spur innovation and create bankruptcy because we will not be able 5.5 percent of GDP and, as I said, the good-paying, American jobs, all across to pay the debts we are running up. public debt will be up around 90 percent this great Nation. You do not have to believe me on of GDP by 2019. For my constituents in New York, that point. This is not exaggeration We know we are on an unsustainable this amendment stands for more air any longer. This is not hyperbole for course. What is the effect of that? pollution in our communities, more the purpose of political events. This is What happens when we get our debt up acid rain devastating natural treasures just the way the numbers work. so high? There are only two scenarios like the Adirondacks, ever-increasing By the end of this year, our public for our Nation. One, we devalue the asthma rates for our children, and a debt will exceed 60 percent of GDP. currency. That means inflation. That failure to take action when action is That is known as a tipping point, when is a terrible thing to do to a nation. It long overdue. you owe that much money compared to takes everybody’s savings and basi- Regulatory uncertainty is under- how much you produce as a nation. cally cuts them by whatever the infla- mining our national interests and giv- Sixty percent is considered the tipping tion rate is. It means your currency ing countries like China and India, the point toward an unsustainable situa- cannot buy as much as it used to. It ability to eclipse our Nation in devel- tion. means you cannot be as productive as a oping the next generation of energy Within 10 years—I actually think it nation because you have an infla- technologies—that we, the United will occur sooner—our public debt will tionary problem. Or, alternatively, you States, should be leading the way on. cross the 90-percent threshold. When have to raise taxes at a rate that you Supporters of this amendment are es- you get into those ranges, you are basi- essentially suffocate people’s willing- sentially saying that they do not be- cally in a situation like a dog chasing ness to go out and create jobs, to be lieve the worldwide scientific con- its tail. There is no way to catch your- productive, take risk. And you take sensus regarding climate change, and self. There is no way to catch up with the money that should have been used that they don’t believe greenhouse the amount of debt you are putting on for the purposes of taking risk and gases pose a threat to human health— the books. The cost of bearing that building that local restaurant or that despite decades of world-class science debt eats up your resources as a nation. small business and creating jobs and that predate it, and the clarion call It takes away from your productivity you move it over to pay debt. from public health advocates across and your prosperity. Where do you send it? You send it to the country. This is not hyperbole, as I said. This China because they own most of our A vote for this amendment would be is just real, honest projections on num- debt or you send it to Saudi Arabia be- a vote for more pollution and increase bers which we already know exist. The cause they are the second biggest protection of those polluters. proposal from the President in the last owner of our debt, instead of investing It would encourage a regression in budget, under which we are now func- in the United States to make us more the environmental progress that has tioning, projects $1 trillion of deficit productive. Either scenario—a massive been made over the last 40 years, and every year for the next 10 years. increase in tax burden to pay debt or represents a denial of the need to cre- Today we are taking up a debt ceiling inflation—leads to a lower standard of ate jobs and revitalize our economy increase which is proposed to be $1.9 living for our children. with clean, renewable, American trillion—that is the increase—taking So as a very practical matter, what power. the debt of our Nation up to $14 tril- is going to happen to our Nation, under We need to pass comprehensive cli- lion. And it is not the end of these re- the facts which we know already exist, mate and clean energy legislation that quests for debt ceiling increases be- is that we will, for the first time, pass will create jobs by spurring investment cause we know the debt is going to con- on to the next generation a nation and innovation, enhance our national tinue to jump by over $1 trillion a year which is less prosperous, where there is security by moving our Nation forward every year as we move forward. less opportunity for our children, and on a path to energy independence, pro- This chart reflects the severity of the where the standard of living goes down tect our air and water by reducing pol- situation. Historically, the Federal rather than up. That is not acceptable. lution, and decrease energy costs for Government has used about 20 percent It is not fair and it is not right for one American families. of the gross national product of what generation to do that to another. So we The science is clear and we cannot af- we cost the American people as a gov- have to get our fiscal house in order. ford to wait. ernment. Just three programs—Medi- Many would argue: Well, that is your I urge my colleagues to join me in care, Social Security, and Medicaid— job. That is why we sent you to Con- voting against this attempt to under- by the year about 2030 will represent gress. Do your job. Get the fiscal house

VerDate Nov 24 2008 04:03 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JA6.034 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S95 in order, limit spending. That would be tion and moved them over to create a So the commission is made up of a the position of our side. The other new entitlement. It didn’t work. Reg- balanced and fair approach, and when side’s position would be to raise taxes. ular order has not worked around here it reports, 14 of the 18 people have to But we know that doesn’t work. We because the politics don’t allow it to vote for it—14 of the 18. So neither side know regular order does not work. work. The intensity of the community can game the other because the major- Why? Because we have seen it doesn’t that defends these various issues will ity of both sides have to be for what- work. We know that when you make not allow constructive activity to ever the report is. Then it comes to the proposals around here on these big occur under regular order. Congress, and 60 percent of the Con- issues of public policy, specifically en- So Senator CONRAD and I came to a gress has to vote on it. So neither side titlement programs or tax reform, you conclusion that, since regular order can be gamed. It has to be balanced and are immediately attacked. If you make doesn’t work and since we know we are it is an up-or-down vote on the pro- them on entitlement issues and if you headed toward this cliff, we should do posal. No amendments. are a Republican, you are attacked something. We asked ourselves: Why no amendments? That has been from the left as trying to savage senior Shouldn’t we try some other approach, a point of controversy. People say: citizens. If you make a proposal on tax think outside the box? The conclusion Well, you have to be able to amend it. reform, you are attacked from the Senator CONRAD and I came to, in a bi- No amendments. Because we all know right as trying to increase taxes on partisan way—obviously, because he is what amendments are for on an issue working Americans. the chairman of the Budget Committee such as this. They are for hiding in the Usually, those attacks are filled with and I am ranking—was let’s set up a corners. That is what Members do with hyperbole and gross misrepresenta- procedure which leads to policy, which amendments. They offer their amend- tions, in many instances. People send leads to a vote, and guarantee that pro- ment, and if it doesn’t pass, they say: out these fundraising letters. If you cedure is absolutely fair, absolutely bi- Oh, I can’t vote for this; my amend- ever say anything about Social Secu- partisan in its execution so nobody can ment didn’t pass. It is called a hide-in- rity as a Republican—as to how it game the other. I can’t game Members the-corner approach. Well, that is why we don’t have should be reformed and made more sol- of the Democratic side and Democratic Members can’t game the Republican amendments. It is up or down. The the- vent—immediately, it seems, there is a side. So the American people will look ory, of course, is the membership of letter that goes out from this group at the product of this commission and this commission is going to be bal- called Citizens to Protect Social Secu- say: That is fair. That is bipartisan. I anced, which it will be. That is not the- rity—or some other ‘‘motherhood’’ have some confidence in that. ory, that is reality. It will be balanced name—that looks like a Social Secu- So this commission, which is pro- and bipartisan players who will under- rity check, and it goes to all these So- posed in this amendment, does exactly stand these issues in a very substantive cial Security recipients. It says: If you that. It sets up a fair, bipartisan proc- way. Two of those Members are on the don’t send us $25 today, Senator GREGG ess, requiring supermajorities to floor right now, who I am sure will be is going to savage your Social Security produce policy and get a vote on those members of the commission—and I am payments. So that little group here in policies under fast track. Let me get not one of them. Washington takes in a lot of money. It into a couple specifics. As a very practical matter, the result doesn’t do anything to affect Social Se- There are 18 members on this com- will be something that is politically curity policy, but they sure have a mission. They all have their fingers of doable. Will it be a magic wand that good time wandering around the city responsibility on the buttons around corrects the whole issue of this pending with all that money. In the process, of here. There will be 16 people from the outyear insolvency of our country? No, course, the well gets poisoned and Congress and two people from the ad- absolutely not. But it will be a signifi- nothing can happen around here. That ministration—10 Democrats and 8 Re- cant statement by the Congress of the is what happens. Nothing happens. publicans. The Republicans will be ap- United States that we recognize the se- Well, that was maybe manageable for pointed by the Republican leadership, riousness of the situation we are in as a while, but it is not manageable any the Democrats by the Democratic lead- a nation; that we recognize it is not longer. We are headed toward a wall as ership. So the membership of this com- fair for one generation to do this to an- a nation. We are headed toward an mission, everybody knows, will be peo- other generation; that we recognize we event where we will essentially be in- ple who reflect the philosophical views will be unable to sell our debt as a na- solvent as a country. We will become a of the leadership of the two parties. tion—or sell it at a reasonable price in banana republic type of situation, That group will meet and have public the fairly near future unless we take where we simply can’t meet the obliga- hearings, and they will have an advi- action. It will be a message on all those tions of our debt, or, alternatively, the sory group that has all the different points, and it will be a positive mes- people who lend us our money—many constituencies who want to be heard on sage. The markets will react by saying: of them are Americans but a lot of that, and who will give them input, and They are trying. The American people them are Chinese—are going to say: I there will be a lot of public input. Then will react by saying: Thank God, there am not going to lend you any more the group will have to come to a con- is finally a bipartisan effort to try to money, America, or if I do, I am going clusion on the big issues that affect fis- do something around here on this to charge you an outrageous interest cal policy in this country. issue. Sure, it will not be the magic rate because I don’t think you can pay The point is, neither side is going to wand or the magic bullet that solves it back because you have too much come to the table on this unless every- everything, but it will be a significant debt. thing is on the table. Let’s be honest. If step, I suspect. I have confidence the That is where we are headed, and we I say no taxes on the table, why would people who will serve on this commis- know it is there. It used to be over the anybody on the other side come to the sion will be committed to that. horizon, so the Congress never worried table? If they say no entitlement re- I realize this is a process that af- about it and so nothing ever happened. form on the table, why would anybody fronts many because it is outside the It is not over the horizon anymore. It on our side come to the table? So ev- regular order. But the simple fact is, if is well inside the horizon and it is clos- erything is on the table. But, of course, we stand on regular order around here, ing fast. As I said, we passed the 60 per- the interests of the different parties on we are going to go through a trapdoor cent threshold just this year. We will issues such as taxes and entitlements as a nation because we are not going to pass it this year, and we will hit 90 per- are protected by the way the member- stand up to the issues that are critical cent within this 10-year budget cycle. ship of the commission is appointed. to putting us back on the road to sol- So regular order has not worked. Obviously, the Republican leader isn’t vency. So this is a proposal that is seri- Some may argue: Well, the health going to appoint to this commission ous, it is bipartisan, and it has a fair care bill was regular order. That sure people who are going to go off on some amount of support—34 cosponsors. It is didn’t work. Folks, that didn’t work. It tangent on tax policy which would be very unusual to have that many co- sent the cost curve up. It took re- unacceptable to Republicans, and the sponsors around here on anything, and sources which should have been used to same is true of the Democratic leader they are bipartisan. It is about half and address the Medicare insolvency situa- relative to entitlement reform. half. Well, I think it is 14–20.

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.046 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S96 CONGRESSIONAL RECORD — SENATE January 21, 2010 So I would hope my colleagues would came to this place and have these defi- open debate when Senators can amend vote for this. I understand my col- cits, which are for the reasons I sug- and improve the product, and that is leagues are hearing, on our side of the gested. We also very much agree that why I believe the Conrad-Gregg com- aisle, from a number of very credible we have to reduce these deficits in fu- mission is a bad idea. people who oppose this because they ture years. There is tremendous agree- There are alternatives to that pro- are concerned or worried about the tax ment on that point. We also agree it posal. One is that we do it ourselves, side. I understand the other side of the would be better for the government to we do what we should do, and we do it aisle is hearing from a considerable reduce our annual deficits to below 3 the right way. But there is also an- number of constituency groups of percent of gross domestic product. other alternative, an alternative which theirs who oppose it because they are There is agreement on that. the President and Vice President—es- concerned about the impact on entitle- Most economic observers and experts pecially the Vice President is working ments. Maybe that means we have it think that once our deficits reach 3 on that sets up an executive commis- right, that we have all these interest percent of gross domestic product, that sion, not a statutory commission as group-driven folks who are opposing it. is not so bad. It is going to take a little outlined by the Senators from New I think it means we have it right, and effort to get there. But, again, we are Hampshire and North Dakota but, I believe this is pretty much coming to where we are because of the recession rather, one on which the Vice Presi- be our last clear chance of getting and because of the financial crisis that dent has convened a series of discus- something done; that the course we are occurred in the last several years. sions, and in that proposal the Vice on now is coming to the point of being Where we disagree, though, is over President has proposed an Executive irreversible, unless we do something the way we respond. We disagree over order where the President would create such as this. the powers the Senator from New a commission to consider our fiscal sit- I don’t believe it is correct, as I said, Hampshire wishes to turn over to uation. It would also have similar com- for one generation of political leaders somebody else—over to a commission. position, similar powers. It is similar to pass on to the next generation a We disagree on that point. I don’t to the statutory commission offered by country that will be in total fiscal dis- think we should turn the power that Senators CONRAD and GREGG, but there array. We have a responsibility to act, Senators and House Members have over is only one difference, and that dif- and this is a way to act. to some other body to do something ference is in the process. The Vice I appreciate the courtesy of the Mem- called an entitlements commission. President’s proposal, which I think the bers on the floor, and I yield the floor. The Senator from New Hampshire President will announce fairly shortly, The PRESIDING OFFICER. The Sen- proposes to create such a procedure to would preserve the rules of the Senate. ator from Montana is recognized. protect Senators, frankly, from being The Gregg-Conrad amendment would Mr. BAUCUS. Mr. President, I would attacked for the decisions they make. not. And it is preserving the rules of say we are expecting the Senator from That is what this is all about, in some the Senate that I think makes all the Connecticut, Mr. DODD, to arrive short- respects, to turn this decisionmaking difference. ly, and when he does, I will yield to over to somebody else so Senators can Under the proposal that I think will him. say: They did it. They made me do it. be offered by the President, that is, the I wish to also respond, briefly, to the He and the Senator from North Dakota executive commission, again, I think it Senator from New Hampshire and start proposed a commission, for example, is 18 members, all subjects are consid- by talking about where we agree. I with a fast-track process that would ered, and they will report back to the think it is almost always good, when absolve Senators from responsibility Congress, I think after the election. So discussing something, for people to for any amendments. Senators could everything is very similar, if not ex- look at where there is agreement. then throw up their hands and say: The actly the same. The only difference is, Where there is agreement, it builds commission made me do it. under the executive commission, if it is trust and understanding and, therefore, It sounds as if all of us parents heard proposed—I think it will be—there is when possible, there can be even great- something similar from our kids: no requirement of a fast-track process er agreement. We, clearly, agree it is Daddy, Mommy, something made me as required by the statutory commis- unhealthy for the government to be do it. I will never forget that many sion. running these huge deficits. I think ev- years ago, my son said: Daddy, it just I tell my colleagues there are other eryone in this body agrees on that seemed so good. Somebody else sug- alternatives, there are other ways to point. It is unsustainable, as many gested the idea, and that made me do address our huge budget deficits. I urge have said. But why are we running it. I couldn’t say no. my colleagues to join in support for the these big deficits? We are doing so, But on matters as important as So- Vice President’s efforts and oppose the frankly, because of mistakes made dur- cial Security for seniors, on matters as Conrad-Gregg amendment. ing the financial crisis prompted by the important as Medicare and Medicaid I understand the Senator from Con- subprime mortgage crisis and also be- for Americans that have health con- necticut is not here. Maybe the Sen- cause we have been in a fairly deep re- cerns, on matters as important as the ator wants to proceed? Oh, he is here. cession. That is why these deficits are tax rates the government will impose Does the Senator from South Dakota so large. It doesn’t take a rocket sci- on American families—on those impor- wish to proceed? entist to figure that out. It was some- tant matters, I think we need an open The PRESIDING OFFICER. The Sen- thing, unfortunately, that had to be process where Senators and House ator from South Dakota is recognized. done. Members participate and offer sugges- AMENDMENT NO. 3301 We had to come up with some money tions and offer amendments. On things Mr. THUNE. Mr. President, today the to help provide some economic sta- that important, I do not think we need Senate will have an opportunity to in- bility for this country. After that, as a procedural shortcut. dicate to the American people whether we know, when we are in a recession, Sometimes the most important they are listening to the American peo- unemployment payments are higher things are difficult to do. I think most ple because we are going to have an op- and Medicaid payments are higher and Members of Congress and the Senate portunity to vote on a debt limit bill a lot of other programs are automati- who ran for these jobs expected there later, but earlier, before that, on a se- cally higher because we enact pro- would be some tough choices, there ries of amendments. The first amend- grams on top of that to help the econ- would be some tough times. I don’t ment is an amendment I am offering omy. That is why we are facing these think they want procedural shortcuts along with Senator VITTER from Lou- huge deficits. They have grown very because with procedural shortcuts, isiana and Senator BENNETT from Utah. significantly in the last several years often there are unintended con- They have worked extensively on this. for those reasons. sequences. With procedural shortcuts, They have already been down here and So there is no disagreement that, A, often bad things happen, when it is not they spoke on this this morning, as we have large deficits, and, B, we have thought through in advance. Rather, have a number of my colleagues. to begin to reduce those deficits. I we should have full and open debate. What is important about this amend- think there is agreement as to why we There are fewer surprises with full and ment is it will give an indication to the

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.047 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S97 American people about whether their sive amount of borrowing and expan- enue increases were somehow going to voices are being heard here in Wash- sion of government. expand the lifespan of Medicare. ington as expressed by the voters of I also think people are reacting to What I thought was interesting about Massachusetts. I think what they were the process by which Congress con- that was the Senator from Alabama saying in that vote a couple of days ducts its business. The idea that you asked a question of the Congressional ago was: We are frustrated. We are con- would have to pass legislation by in- Budget Office toward the end of that cerned about the level at which Wash- cluding special provisions for indi- debate about, how can you count this ington is spending and taxing and bor- vidual Senators—the so-called as paying for the new entitlement pro- rowing. We want the brakes put on cornhusker kickback, the Louisiana gram, the new health care program, that. purchase, all these other things where and still say you are extending the life- I have an amendment that I offer to individual deals were made in back span of Medicare because obviously you the debt limit today that will end rooms to get the support of individual can’t use the money twice. In response TARP. It is a very straightforward way Senators to vote in this case for the big to that question, the Congressional in which we can signal to the American health care bill—is something the Budget Office issued a statement and people that we are serious about fiscal American people find very objection- said that the key point is that the sav- responsibility. able. I think they are reacting to that ings to the HI trust fund, the Medicare Just by way of context, if you look at too. I think what they are voicing is trust fund, under the health care bill what is being proposed here with this their disgust with the way Washington would be received by the government debt limit increase, it is to add $1.9 operates. only once, so they cannot be set aside trillion to the debt limit of our coun- One of the reasons we are here today to pay for future Medicare spending try—$1.9 trillion. Remember, we al- asking for a $1.9 trillion increase in the and at the same time pay for current ready raised the debt limit before we debt limit and the reason we have a spending on other parts of the legisla- left for the Christmas holiday by $290 debt that next year will exceed 60 per- tion or on other programs. billion, so if you add that to the $1.9 cent of our gross domestic product— They went on to say: trillion, you are talking about well which, by the way, would keep us from The unified budget accounting showed that over $2 trillion that we will have added getting into the European Union—is the majority of the HI savings [the trust to the debt limit in the last 30 days. because we continue to spend and fund savings] would be used to pay for other Bear in mind that the entire Federal spend and borrow and borrow and spending under the health care bill and budget a decade ago did not exceed frankly use a lot of accounting gim- would not enhance the ability of the govern- that amount of money. We are going to micks here in Washington, DC, to dis- ment to redeem the bonds credited to the add more to the debt limit in this vote, guise and shield the amount of bor- trust fund, the Medicare trust fund, to pay coupled with the vote we made about 30 for future Medicare benefits. To describe the rowing and spending that is going on full amount of HI trust fund savings as both days ago, than was spent in the entire here. improving the government’s ability to pay Federal budget a decade ago. That is A good example of that was the future Medicare benefits and financing new remarkable. It speaks to the whole health care bill which we have been de- spending outside of Medicare would essen- issue of the amount of spending and bating now for the last several months. tially double-count a large share of those the growth of government here in It passed the House of Representatives, savings and thus overstate the improvement Washington, DC, which I believe has it passed the Senate, and it is now in in the government’s fiscal position. the American taxpayer very con- discussions. Negotiations are going on That is just an example of one of the cerned—and with good reason. between the leaders in the House and unique accounting mechanisms used by If you look at what has happened in Senate. I am not sure—we have not the Federal Government in Wash- the last several years, starting in 2008 been privy to those, either—what the ington, DC. and up through 2010, this year—if you state of play is with regard to the Mr. BAUCUS. Will the Senator yield take the end of 2008, the amount of health care bill. for a question at that point? money spent in the appropriations bills I think it is important to know that Mr. THUNE. I would say to the chair- here in Washington, and then go to the there were a lot of things in that bill man, I will yield in a moment after I 2009 appropriations bills and the 2010 designed to understate its true cost. make some remarks, but I want to appropriations bills, over that time pe- They said it would only cost $1 trillion speak to the TARP amendment before riod the entire government grew by 16.8 over the first 10 years, but if you look I do that. I will be happy to yield at percent, over a 2-year period. That is at the fully implemented cost, because the conclusion of my remarks. excluding the defense and veterans it front-end-loaded some of the in- I want to say that I know what the funding, so that is other nondefense creases and back-loaded some of the chairman is going to say. He is going discretionary spending. All these in- spending, because it used various ac- to say the CBO came back and said it creases outpace both inflation and the counting gimmicks to understate the would extend the lifespan of Medicare, growth in our economy. true cost of it, if you look at the fully and they did, and it would under the To put it in perspective, inflation implemented cost over 10 years, it was mechanisms used in the unified budget during that same period, 2008 to 2010, in fact $2.5 trillion. I think those num- when it comes to trust fund account- was 3.5 percent. We grew government bers are starting to sink in with the ing. spending by 16.8 percent. That is stun- American people. Mr. BAUCUS. Would the Senator ning. How does any American taxpayer One of the things that was done in yield on that point since he is raising out there in this recession, trying to the health care bill—and I think this is the subject? figure out how to make their budget, an example of some of the things that Mr. THUNE. As long as we are not on how to pay their bills, and having to go happen, processes, procedures that hap- any time limitation, all right, I will. about the process of tightening their pen here in Washington, DC, that defy Mr. BAUCUS. Didn’t that same CBO belts, understand how a Federal Gov- logic and are very difficult to explain letter also say the health care bill that ernment can grow its size here in to the American people—one example passed the Senate would reduce the Washington, DC, by 16.8 percent when of that is the way the Medicare issue budget deficit? The Senator is throw- inflation in the country over that same was debated and handled with regard to ing out these huge figures—it is going time period was 3.5 percent? These are the health care debate. About $1⁄2 tril- to cost $2 trillion and so on and so some remarkable and stunning num- lion in Medicare cuts was proposed, forth. I don’t know where the Senator bers. That is why we are seeing all this along with a Medicare tax increase of .9 got that figure because the Congres- angst at the grassroots level around percent, all used to finance this new sional Budget Office, in that same let- this country about the direction the health care entitlement program, to ter or a similar letter—either that let- country is heading and the peril it is pay for the new $2.5 trillion in spend- ter, in an earlier letter, or in a subse- putting future generations in if we con- ing. The argument was made by the quent letter—reaffirmed that the bill tinue on this path unabated and we other side that this, in fact, extended passed in the Senate cuts the budget don’t do something about spending and the lifespan of Medicare because it deficit by $132 billion the first 10 years we don’t do something about the mas- was—the cuts to Medicare and the rev- and cuts the budget deficit by between

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.048 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S98 CONGRESSIONAL RECORD — SENATE January 21, 2010 $650 billion and $1.3 trillion in the next from Medicare cuts and Medicare pay- panies, auto manufacturers. We have 10 years. That is what the letter says. roll tax increases, and you are saying gotten very far afield from what the The Actuary said the bill extends the we are going to use those to finance purpose of the TARP was in the first life of the Medicare trust fund I think this expansion, this new health care place. 5 or 6 more years—maybe more than entitlement, and at the same time we As to where we are today, we have, that. are going to use those to preserve and out of that $700 billion in authority—I Isn’t it true that CBO letter said that extend the lifespan of Medicare, most have a pie chart that shows what has the Senate bill reduces the budget def- people would say you cannot do that. been spent and what is left. icit by $132 billion in the first 10 years What the CBO said in this statement The blue represents the amount of and reduces it in the second 10 years by is, it is double-counting. It is spending the program, $700 billion, that has been between $650 billion and $1.3 trillion? the same revenue twice. That is the committed or spent already. That is Isn’t that true? practical implication of this, notwith- about $545 billion. That is what the Mr. THUNE. The CBO number, as the standing the weird gimmicks and the blue represents. The other side of the Senator from Montana knows, has been way Washington, DC, goes about ac- chart, the line part and the orange a moving target because at the end of counting for revenues in a unified part, represent the amount that has that debate, they adjusted by about $1⁄2 budget that go into trust funds because not been spent or has been paid back. trillion the amount they considered essentially what is happening is, you The amount that has not been spent is the deficit would be reduced. But I are issuing an IOU to the Medicare about $155 billion. The amount that has point out to the Senator from Montana trust fund and also taking those reve- been paid back is about $165 billion. So that, yes, the CBO came out and said nues and saying we are going to spend you have roughly $320 billion that to that because they are using the trust them to finance the new health care date is unobligated balances in the fund accounting conventions we use entitlement. You cannot spend the TARP account. here in Washington DC, and that is my same money twice. What my amendment would do is say whole point. I am not disputing what People in South Dakota know that. I that amount, that $320 billion, cannot the CBO has said because legally they think people in Montana know that. be spent. It ends. The reason for that is are correct because of the way we do it But that is why they are so frustrated because we are concerned this fund is under a unified budget accounting in about this process. They see this drag- going to be used for all types of pur- the trust funds. ging on and all of this debate going on poses for which it was not intended. But as a practical matter, as an eco- and all of these different numbers Most recently, the House of Rep- nomic matter, what the CBO is saying being thrown out. But the fact is, we resentatives passed the stimulus 2 bill, in the statement they issued is, you are creating a massive new government the second stimulus bill, which is going cannot double-count the money. It is entitlement program under health care to use as an offset this authority right spending the same money twice. You with all kinds of new spending financed here. What we are simply saying is, are creating a new entitlement pro- with tax increases and Medicare cuts this is $320 billion that we can save the gram, which is, under the CBO’s esti- that are supposed to be used to finance taxpayers of this country, that we can mate, $1 trillion over 10 years but when the new health care entitlement but keep from piling on debt to future gen- it is fully implemented, $2.5 trillion. are also being credited to the Medicare erations, and keep from adding to the Mr. BAUCUS. Will the Senator yield? trust fund, and thereby being used for total amount of borrowing we are This double-counting, frankly, is a two purposes. You cannot do that. doing. bogus issue. It kind of sounds good on But I think that point is one of the So let’s stop. Let’s end this program its face, but it is meant to confuse peo- reasons that most persons become so today and not allow this $320 billion to ple. cynical about Washington, DC. They be spent and further stipulate that But even subsequent to that state- get very frustrated with what they see anything here in the blue, the $545 bil- ment about the double-counting, even as all of this Washington, DC, talk and lion that is currently spent or com- subsequent to that, is it not true that accounting gimmicks and budgetary mitted, if paid back, would go to re- CBO came out with a subsequent letter techniques that are used to disguise duce the Federal debt rather than be that said still the budget deficit is re- this amount of spending, which has led recycled and respent and reused again. duced by $132 billion in the first 10 us to where we are having to raise the It is a very straightforward, very years and $650 billion to $1.3 trillion in debt limit by $1.9 trillion. simple amendment, but I think it is the next 10 years? Face it. That is the reality we are very important in terms of the message Mr. THUNE. The CBO came out and going to face today. We are going to that it sends to the American people said that the budget deficit would be have a vote, if not this week then next about whether we are serious about reduced by $132 billion over the first 10 week, on this legislation which would what this TARP was created for in the years. But the point I made earlier is increase the amount of the debt limit first place, its specific statutory pur- that included, of course, a lot of gim- in this country by $1.9 trillion. pose, and whether we are going to devi- micks that were used, including taxes My amendment to this legislation, as ate from that and use it for all other began immediately, spending that does I said before, is fairly straightforward. types of spending and ideas that people not occur until 4 years later, counting It would end TARP, the Troubled Asset in Washington, DC, might come up revenue from—for example, not taking Relief Program, which was created to- with. care of the physician fee increase, ward the end of 2008 that was designed So I hope my colleagues today will which we know is a $250 billion to $350 specifically to bring financial stability support this amendment. I happen to billion cost which at some point the to the country at a time when we were believe the TARP has served its pur- government is going to have to deal worried about imminent financial col- pose. The Treasury had an opportunity with, as well as creating a new entitle- lapse. There was a concern at the time to extend it at the end of last year, the ment program called the CLASS Act, that there was great systemic risk to end of December of last year. They under which the CBO assumed about our financial system. chose not to let it expire. They chose $72 billion of savings in the first 10 As a consequence of that, action was to extend it. So now this program runs years, which they also said would gen- taken, authority was given to the until October of this year. My fear is erate deficits in the outyears. Treasury to acquire the distressed non- that this amount of money, this $320 So the Senator from Montana may be performing assets on the balance billion, is going to get spent, but it is correct legally under the conventions sheets of many of our banks. What has not going to get spent for the purpose that are used in trust funds under a happened since that time, it has it was intended to be spent for under unified budget, but as a practical mat- morphed into something entirely dif- the TARP authority but, rather, for all ter, and this is what I think the Amer- ferent. It has been used now to take eq- kinds of other things that people, poli- ican people understand and what as an uity positions, to take ownership ticians in Washington, might come up economic matter I understand, you stakes in more and more companies in with. cannot use the same revenue twice. this country, whether they are finan- Also, this blue amount here, those And if you have revenues coming in cial service companies, insurance com- funds that are already committed, are

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.049 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S99 spent, when they are paid back, and we and yet cast ballots in favor of it de- President Obama in recent days. But hope they will be, although there are spite the tremendous outpouring of the issue before us is whether we ought some questions now about whether we anger over the fact that we were in to shut all of this program down, the are going to see a lot of that money those economic circumstances to begin remaining $320 billion that is there. I being paid back, but assuming it is, with, and that, secondly, we might be want to remind my colleagues what the that money not be recycled or respent committing as much of American tax- administration has suggested, and I be- but it be used to retire the Federal payer money to stabilize our financial lieve all of us have embraced, is that debt. That would reduce the total institutions. small businesses and our community amount by which we would have to I happen to believe, and I think his- banks in this country are struggling. I raise the debt limit. tory is proving to be so, that we made do not recall a day over the last num- We are serious about getting this the right choice that evening; that ber of months when I have not heard a debt under control. We are serious even though it was a painful vote, had speech on the Senate floor of this about getting spending under control. we not stabilized those financial insti- Chamber where a Member has not got- This is a very straightforward way to tutions, I firmly believe we would be ten up and talked about what is hap- do that. So we are going to have this looking at a far more catastrophic set pening in the absence of credit flowing vote, hopefully, later today, sometime of economic problems both here and to smaller businesses in their States, this afternoon. We can save the Amer- around the globe had we not acted. or that community banks in their ican taxpayers $320 billion by not So while those resources have gone States are failing because the economy spending this amount of money here. to large financial institutions and to has not reached them, the improving We can, hopefully, as these are paid major organizations because that is economy. back, save a whole lot more for the what was needed to be done, there is an What the administration has sug- American taxpayers. understandable degree of anger and gested, and I strongly support, as I be- I would urge my colleagues in the frustration being expressed by our fel- lieve most of us do, is that we need to Senate to support this amendment and low citizenry because people on Main get assistance and support to these to restore some sense of fiscal dis- Street, average citizens, have suffered smaller businesses and to these com- cipline to the way we do business in terribly during this process. munity banks in order that they can There was a point not many months Washington. survive and get on their feet, and cred- I yield the floor. ago where 20,000 jobs a day were being it will flow where it is not flowing The PRESIDING OFFICER. The Sen- lost in our Nation; 14,000 people a day today. ator from Connecticut is recognized. were losing their health care; 10,000 The administration has sent a letter Mr. DODD. Mr. President, I thank people a day were losing their homes in committing to limit the use of these the Presiding Officer. I have two sub- the United States to foreclosure. So dollars to mitigating foreclosures, ject matters I wish to address. One is the American people have suffered ter- which is still serious; support for small the amendment of my friend and col- ribly as a result of this economic crisis. banks so they can lend to their com- But we needed to take those steps. As league from South Dakota, Senator munities; facilitate small business a result, today, while the news is still THUNE, that he has just addressed in lending; and address the deepening cri- far from good, in most corners of this his remarks, and a second set of re- sis in the commercial mortgage banks. country we are stabilizing an economic marks regarding Haiti that I also want Those are the four obligations we are crisis. We avoided a depression which to address. talking about. It is not unlimited. It is we were on the brink of falling into had I chair the subcommittee of the For- not all for ideas that may be floating we not taken that action. So I want to eign Relations Committee dealing with around here that have little or no commend my colleague from South Da- the Western Hemisphere and, obvi- merit. It is specifically the areas in kota for recognizing the value of that ously, includes the nation of Haiti, as decision. which we all know we need to provide well as served as a Peace Corps volun- Now he points out with a chart—it is help. teer some 40 years ago on the island of not up here any longer—the fact that We can do this one of two ways. We Hispaniola on the border between Haiti there is about $320 billion which re- can do it by appropriating additional and the Dominican Republic. So aside mains unexpended as a result of that money, which goes right to the heart of from the interest we all have in what decision. The good news is that we the argument of my colleague and has happened to the thousands of Hai- crafted that bill that required two sep- friend from South Dakota. We cannot tians as a result of this catastrophic arate votes—an initial one for the $350 afford to do that. Again, the deficits earthquake that has occurred, I have billion, and then around January of are growing larger by the hour, and to many friends in that country, some of this year—or last year, excuse me—the appropriate additional money at a time whom I have not heard from in the last additional $350 billion would be appro- like this would be very difficult if not week or so, who are lost at this point. priated and spent. As a result of the unwise in many cases. Or we can take I want to address some thoughts on good news we have avoided having to resources we have already appropriated that subject matter as well. expend all of those resources. As a re- that are not being spent, that could be But I want to, first of all, if I can, ad- sult, there is actually money coming used exactly for the purposes that are dress the subject matter of the Thune back in. needed for our economy to get moving amendment which will be voted on, I We have now recouped about $165 bil- again. In a sense it is a catch-22. Our gather, at some point either today or lion of the original money that was economy is only going to improve if tomorrow, whenever that is going to be spent, including over $13 billion in fees small business starts hiring again, dealt with here. and interest payments that were community banks start flowing credit Let me begin by, first of all, thank- earned back by the Federal Govern- again, and we minimize the foreclosure ing my colleague from South Dakota. I ment as a result of those decisions. We problem. applaud him for saying that while it all hope the full amount will be recov- How do you do it? It doesn’t happen was a controversial debate a year ago ered. There will be an opportunity in magically. It happens because we make last fall on whether to have an emer- the coming days for all of us to vote on intelligent decisions. A year and a half gency economic stabilization program, whether we ought to ask those large fi- ago, when we voted for the economic I remember the night that we all gath- nancial institutions, which were the stabilization bill, the problem in front ered here and sat at our desks in this beneficiary of taxpayer assistance, of us was the stabilization of financial Chamber and voted 75 to 24 on whether whether they are going to vote for a fee institutions. So the resources were to commit as much as potentially $700 or a tax, if you will, over a limited going to be limited for that purpose. billion in order to stabilize our finan- number of years on those recipients of We thought we might need $700 billion. cial institutions and move forward. billions of dollars of American tax- The good news is, we haven’t needed It was a courageous vote that a num- payer money, to pay that back through that amount and a substantial amount ber of our colleagues took that day, fees and taxes. of the money is coming back in. There many of whom were up for reelection I hope my colleagues will be sup- remains this pool of $320 billion in that within a matter of days after that vote, portive of the initiative offered by fund. Wouldn’t it make sense if, in fact,

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.050 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S100 CONGRESSIONAL RECORD — SENATE January 21, 2010 we are trying to get this economy mov- going to succeed in our efforts, watch- phaned without food, water, shelter or ing again, to take some of those re- ing optimism and confidence be re- any kind of medicine. sources and make it available to small stored to Main Street in America. This The losses extend well beyond Hai- businesses, to community banks to is one opportunity for us to do it, to tians. The United States also lost a flow credit so they can actually hire get this job done. dedicated public servant named Vic- people and grow again, to minimize I urge my colleagues to vote against toria DeLong, who was serving as cul- foreclosures? That is what is needed to the Thune amendment for all the rea- tural affairs officer at our Embassy in be done. sons we have in the past. This is not a Port-au-Prince. Several more Ameri- We can do it one way or the other, new amendment. It has been offered in cans have been killed and many more but we can’t do it by just talking about the past. It has been rejected by col- remain unaccounted for a week later. it. I beseech my colleagues at this leagues for many of the same reasons I The United Nations, no stranger to juncture not to vote in favor of this have tried to articulate this afternoon. dangerous and difficult missions, has amendment which would deprive us of The arguments haven’t changed. What suffered its single greatest loss of life resources in order to do the things that has is the dedication of these resources in the history of the United Nations. all of us agree need to be done. I know exactly to the areas that so many of us Over 100 United Nations staffers and my friends, most of them here, are not have talked about over the last number peacekeepers remain unaccounted for. going to be voting for a program that of months. I urge rejection of that The special representative for Haiti, requires additional appropriations for amendment. Hedi Annibi, also lost his life. the very argument the author of the HAITI On behalf of my colleagues in the amendment has made. We can’t afford Mr. President, I wish to speak to the Senate, I extend our heartfelt condo- to do it. If we are not going to do subject matter of Haiti and the events lences to the friends and the families of that—and yet we are simultaneously of the last week that have occurred in those who lost their lives in Haiti. saying we need to do these things in that country. My interest in the sub- They should know they are in our order to get us out of this hole, where ject matter is not any different than thoughts and prayers every single average businesses and workers on that of every single person who has minute of every day. Main Street in the country can be the watched with horror the photographs This earthquake has been called a beneficiary of some of this help to get and pictures, the stories of the tragedy disaster of epic proportions. When such our economy moving—where does it that has afflicted that poor, desperate a disaster strikes one of our neighbors, come from? Where are the resources country that occupies one-third of the a country so close to many of us, our going to come from? Why not take island of Hispaniola. I bring an added Nation responds, as have others. I ap- some of these resources and dedicate personal attention to it because I have plaud President Obama, Secretary them to exactly the purposes that have many friends, many of them I have Clinton, and Administrator Shah for been identified by the administration known for 40 years, in the island nation their immediate, robust, and coordi- and recommended by Members of this of Haiti. I have been there on numerous nated efforts, which has truly been a body, both Republicans and Demo- occasions over the years, in addition to whole-of-government response, uti- crats? my first introduction to Haiti at 22 lizing resources, skills, expertise of our If you support the Thune amend- years of age as a Peace Corps volun- State Department, USAID, and the De- ment, you deprive us of that oppor- teer, when I was sent to a small village fense Department. Secretary Gates de- tunity. That is it. The only alternative on the border of Haiti and the Domini- serves great commendation. Our forces left, then, is to go through an appro- can Republic, in 1966, some 40 years in uniform that poured into the area on priations process, which we are being ago. My interest and my friendships go a moment’s notice to help out, as they told by our friends over here they will back a long time. I am deeply con- always do, deserve particular recogni- not support. Again, what happens is a cerned and worried about what is oc- tion in this effort. We have deployed lot of rhetoric, a lot of talk. After all curring there and what steps we might thousands of troops to Haiti who are the help that has gone to the major take as a nation, in conjunction with supporting operations at the Port-au- Wall Street institutions, at the very others, to provide some help to a peo- Prince airport, working to provide hour we ought to be trying to help ple who are in desperate need. logistical support, open the port. The Main Street institutions, these smaller I rise to discuss the tragic situation, United States has sent an aircraft car- banks, smaller businesses, we will not the humanitarian disaster that has oc- rier with numerous helicopters to de- have the resources to do it. I urge my curred in the wake of last week’s liver aid to otherwise hard-to-reach colleagues to think long and hard earthquake, and the U.S.-led response places in and around Port-au-Prince, a about this. While this program has to this crisis. Last Tuesday, as we all hospital ship to provide lifesaving med- been terribly unpopular for all the rea- know, as the world knows, one of the ical care, and urban search and rescue sons we have heard from others, at this largest earthquakes recorded in the teams and doctors to help rescue those critical moment, at a time when we area hit about 15 miles from the capital trapped and treat those who are in- could make such a difference, when city of Port-au-Prince in Haiti. This jured. falling back into a recession again massive earthquake brought imme- In addition to manpower, the United could happen very easily, a deeper re- diate destruction to Port-au-Prince States has pledged money and supplies, cession, at this very hour to deprive and surrounding areas and commu- including water, ready-to-eat meals, the administration, the Congress, the nities, instantly crumbling houses and and medicine to help those in need. people who care so much about commu- buildings, destroying roads, seaports, This response has demonstrated the nity banks and small businesses, I cutting power and water lines through- generosity and spirit of the American think would be a huge mistake. out the country. people, especially when it comes to I urge colleagues to reject the Thune Most tragically, the earthquake has helping others who are in desperate amendment. Again, the commitments killed tens of thousands of Haitians need, as clearly Haiti is. The American have been made. These resources go to who, at the time the quake struck, people have also responded, as we al- one of four areas, primarily to commu- were simply going about their daily ways do. It is a source of great pride to nity banks to get credit flowing and to lives—desperate lives, I might add, but all of us to watch our fellow citizens, small business but also to mitigate daily lives. The Government of Haiti people whose names we will never foreclosures and to address the deep- has indicated they believe 70,000 of know, the donations which they have ening crisis in commercial mortgage their fellow citizens have been killed in given may not sound like much; but for loans which is there. We have a pool of this earthquake. Other officials fear people who have lost a job, lost a home, resources to respond to it. the death toll may be as high or more as I talked about a moment ago, during My hope is, all these dollars will be than 200,000 people as a result of those this economic crisis, to reach deep into paid back with interest, as I think brief moments that caused that nation these almost empty pockets to send there is some evidence as we have seen state to crumble. These heart-wrench- that $1 or $5 or $10 to help out some already may, in fact, occur. But we ing numbers do not even account for family they will never know, some need to continue on this path, if we are those injured who are homeless, the or- child they will never meet in a place

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.052 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S101 they may never go to, may never have two, that number will increase to 2 ings from exports and accounted for known about before is, once again, a million. Private organizations are also one-quarter of the gross domestic prod- demonstration of the spirit and heart doing heroic and valued work, includ- uct of that nation. Haiti has also one of of our fellow citizens in the United ing the Red Cross, Doctors Without the lowest life expectancies in the States. Borders, Save the Children, Partners in world. The average Haitian income is Aid agencies and NGOs have reported Health. less than $1 a day. In terms of income, an outpouring of support as our fellow Let me say, particularly on Partners less than $1 a day. citizens have donated money, clothing, in Health, my great friend, Paul Farm- Clearly, Haiti had a lot of ground to and supplies to hundreds of organiza- er, who spent years in Haiti as he has cover before this earthquake struck, tions that operate in Haiti today. in other nations working with HIV/ and rebuilding Haiti is not going to be These donations are absolutely critical AIDS and other issues, is there, as you easy for anyone. Many have debated at this time. At a time when we can’t might expect, in Haiti. I have spoken why Haiti remains so poor and what seem to decide on a bipartisan basis to him. He has many needs, as you can be done to alleviate poverty, im- what day of the week it is, to watch might imagination. He needs ortho- prove public health outcomes, and help President Bill Clinton and President pedic surgeons, trauma specialists, that nation develop a sustainable and George W. Bush, two people who have skilled nurses, supplies. My hope is, in equitable way forward. This debate is been political opposites, have very dif- these coming days, coming hours, we all the more important and necessary ferent points of view, sitting down to- will be able to get those resources to as we move forward. gether as two former leaders of our Na- him. As the chairman of the Sub- tion to head the effort to provide relief On the ground, the Obama adminis- committee on the Western Hemisphere to Haiti is a demonstration of what we tration and the international commu- and as an American who knows and ought to be doing together here on oc- nity are working as quickly as possible cares about Haiti, having worked with casions that affect our own citizenry. If to distribute aid to those in need and the people of Haiti and its leaders for two former combatants in the Presi- to help clear the jam of supplies arriv- much of my career, I am committed to dential field can sit down and become a ing in Port-au-Prince and Cape Hai- finding the best solutions to these vex- team in responding to a crisis in Haiti, tian, in some cases, in the northern ing problems and to working in close it ought to be a lesson about what we part of the country. It is critical that coordination with the administration, need to be doing when it comes to our aid gets distributed beyond the imme- the United Nations, and our neighbors own crises here at home. diate confines of the airport. Those in the region, including Brazil, Mexico, I commend President Clinton and who survived the quake are now trying and others who are already there help- President George W. Bush for their tre- to survive, once again, without food ing to rebuild Haiti. I might mention, there are 400 physi- mendous work. I commend President and water and medicine and shelter. Bush’s father, who joined with Presi- At the same time, we must work as cians from the island of Cuba who are dent Clinton back when the tsunami quickly as possible to ensure that vio- operating in Haiti today, down there crisis hit Southeast Asia. The Bush lence does not break out as people be- trying to make a difference. Whatever family has always responded at times come desperate to survive, as one thoughts people have about the Gov- such as this. Both father and son de- might expect under these cir- ernment of Cuba, the fact is, there are doctors there now from that nation serve our thanks and commendation cumstances. The people of Haiti are that is only a few miles from the for what they have done. Of course, Bill our neighbors, and it is our duty to northern parts of Haiti who are now Clinton has dedicated his post-Presi- help them weather this storm, as oth- trying to save lives. dency period to a global initiative to ers are doing as well. As we begin to transition from a res- help out every single day in places that I strongly agree with Secretary Clin- cue mission to a medium- and long- ton who, during her trip to Haiti this are not the subject of news stories, as term recovery mission, we must think past Saturday, affirmed to the Haitian Haiti is. He, of course, deserves our ex- creatively and allocate resources to the people that ‘‘we will be here today, to- pression of gratitude as well. most effective and efficient methods The international community has re- morrow, and for the time ahead’’ as for sustainable reconstruction and de- sponded. Over 27 international search- well. velopment. We must find ways to make and-rescue teams, with some 1,500 res- I wish to take a few minutes to de- Haitian agriculture better equipped to cuers from around the world, are al- scribe what I believe needs to happen feed the people of Haiti, and we must ready on the ground in Port-au-Prince at this ‘‘time ahead’’ of us that Sec- work to forgive Haitian debt. and neighboring communities, search- retary Clinton referred to. These are In April of this past year, Haiti was ing through the rubble to find those not all the suggestions. I know many added to the IMF and World Bank’s list who may have survived. I know all of others are coming in, and we need to of what is called the Heavily Indebted us sit in absolute stunned admiration think about how we can intelligently Poor Country Initiative making them for those who have survived 6 and 7 respond to this. We can’t do it all eligible for special assistance with debt days, living in the midst of rubble, to alone. We need help from the inter- relief. This is an auspicious start, and be discovered alive and be extracted by national community, obviously. But one we must build upon. rescue workers. Our only hope in these there are some steps we can take that Public insecurity has long been a sys- waning hours, is that we will find addi- I think would make some difference in temic problem, hampering economic tional people who have somehow mi- all this. In order to do that, we must growth. Therefore, it is critical we raculously have survived this disaster. understand where Haiti was the day be- work with the Haitian authorities in It has been unbelievable. Relief fore the earthquake struck. Despite its that nation and others to build and re- workers, doctors, supplies have arrived location only a few hundred miles from form the institutions to bolster the from China, Israel, Iceland, Brazil, the wealthiest Nation in the history of rule of law in Haiti that will be nec- France, more countries than I can enu- mankind, Haiti is one of the poorest essary to lift Haitians out of poverty, merate. The European Union has nations on the face of this Earth. It rebuild the country and attract and pledged over $1⁄2 billion in assistance ranks as the poorest country in the maintain foreign direct investment to already, and I suspect more will be Western Hemisphere, with 80 percent of jump-start that nation’s economy. forthcoming. Despite its own tragic the population living under the poverty Throughout this process, we must losses, the United Nations has come to lines of this hemisphere. not get bogged down by old formulas the rescue of the Haitian people. The While recent years showed some posi- and hardened ways of doing business as United Nations Stabilization Mission tive trends in economic growth, the usual. We must think outside the box, in Haiti has responded heroically to 2008 hurricanes devastated that coun- as the expression goes, marshal the this disaster, organizing supply con- try, causing widespread destruction necessary resources and creativity of voys, conducting search-and-rescue and severely damaging the agriculture our friends in the region, and the Hai- missions, and providing security. On sector, upon which two-thirds of all tian people must devise and be a part Saturday, the World Food Program fed Haitians depend. Remittances to Haiti of a medium- and long-term strategy 40,000 people. Within the next week or represented more than twice the earn- for this effort.

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.053 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S102 CONGRESSIONAL RECORD — SENATE January 21, 2010 To that end, Senator LUGAR of Indi- Mr. DURBIN. I announce that the on that committee. They do out- ana, the former chairman of the For- Senator from West Virginia (Mr. BYRD) standing work. eign Relations Committee, and I will and the Senator from North Carolina I think all of us realize that there is be introducing legislation shortly that (Mrs. HAGAN) are necessarily absent. no way we are going to deal with the will help to speed Haiti’s recovery by The PRESIDING OFFICER. Are there long-term issues relating to Social Se- instructing the Secretary of the Treas- any other Senators in the Chamber de- curity and Medicare without doing ury to work with other nations to to- siring to vote? something that causes us to have to tally relieve Haiti of their outstanding The result was announced—yeas 53, take a vote. international debt, including the debt nays 45, as follows: A lot of people criticize the Gregg- incurred through 2011. That ought to be [Rollcall Vote No. 2 Leg.] Conrad amendment, saying that there something every nation agrees to do; in YEAS—53 is a possibility that one of the rec- the absence of which, I do not know Alexander Ensign Murkowski ommendations that may come forth how you can ever talk about economic Barrasso Enzi Nelson (NE) from this commission that would actu- recovery if you are willing to require a Bayh Feingold Nelson (FL) ally make a report and call us to vote country that does not even have a fully Begich Feinstein Pryor after November of this year is that Bennet Graham functioning government today to meet Risch there may be a tax increase that is rec- Bennett Grassley Roberts those obligations. Bond Gregg Sessions ommended in this legislation. The Additionally, our legislation will Brownback Hatch Shelby Gregg-Conrad amendment would get Bunning Hutchison help to spur economic activity, which Snowe Burr Inhofe Republicans and Democrats to agree on Tester is absolutely essential if we are going Chambliss Isakson a way to deal with long-term issues. It Thune to have any kind of recovery process. Coburn Johanns does not commit people to vote for We will do so by promoting trade be- Cochran Kyl Udall (CO) Vitter those recommendations. As a matter of tween the United States and Haiti and Collins LeMieux Corker Lincoln Voinovich fact, there is nothing in this amend- lifting restrictions that would be bar- Cornyn Lugar Webb ment that speaks to tax increases. riers to trade being able to flow be- Crapo McCain Wicker I know on the other side of this issue tween Haiti and the United States, put- DeMint McConnell Wyden we have some more liberal groups, if ting people to work. NAYS—45 you will, that are saying: We do not The Haitian people have endured im- Akaka Gillibrand Menendez want you to deal with entitlements be- measurable suffering in recent days, Baucus Harkin Merkley cause the only way to make entitle- but their spirit is indomitable. On Sun- Bingaman Inouye Mikulski ments whole may mean making some day, countless ordinary Haitians came Boxer Johnson Murray Brown Kaufman Reed reforms, and we do not want any together to observe Mass amid the Burris Kerry Reid changes. bleak ruins of Port-au-Prince. Their Cantwell Kirk Rockefeller We have people on both ends of the faith in each other and their future Cardin Klobuchar Sanders Carper Kohl Schumer spectrum who are saying do not sup- may have been tested, but it is far from Casey Landrieu Shaheen port Gregg-Conrad when everybody in broken. I stand committed—as I am Conrad Lautenberg Specter this body knows we cannot continue as sure our colleagues throughout this Dodd Leahy Stabenow we are today. We all know that. Chamber are as well—to working with Dorgan Levin Udall (NM) Durbin Lieberman Warner The Finance Committee, which I re- them, our fellow citizens here at home, Franken McCaskill Whitehouse spect greatly, just in this last health and the international community, not NOT VOTING—2 care bill—and I am not trying to touch just today but in the weeks and months a subject that may be hard for all of us Byrd Hagan and even years ahead, to ensure that after the last couple of weeks, but the our commitment to helping Haiti re- The PRESIDING OFFICER. On this fact is, the Finance Committee pro- cover is meaningful, sustainable, and vote, the yeas are 53, the nays are 45. posed taking $464 billion in savings rises to the great challenge we face. Under the previous order requiring 60 from Medicare to use to create a new With that, I yield the floor and I sug- votes for the adoption of this amend- entitlement. What that means is the gest the absence of a quorum. ment, the amendment is withdrawn. Finance Committee has no notion The PRESIDING OFFICER (Mr. Mr. DURBIN. Mr. President, I sug- whatsoever of doing things that make FRANKEN). The clerk will call the roll. gest the absence of a quorum. Medicare more solvent over the long The legislative clerk proceeded to The PRESIDING OFFICER. The haul. If we are going to take savings call the roll. clerk will call the roll. such as that, we ought to make Medi- The PRESIDING OFFICER. The Sen- The bill clerk proceeded to call the care more solvent. By the way, we can ator from Montana. roll. Mr. BAUCUS. Mr. President, I ask debate those kinds of issues, but the Mr. CORKER. Mr. President, I ask fact is, the Finance Committee has had unanimous consent that the order for unanimous consent that the order for the quorum call be rescinded. decades to deal with the long-term en- the quorum call be rescinded. titlement issues. I respect their work. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without objection, it is so ordered. The fact is, during regular order, it is objection, it is so ordered. very difficult for this body to make the AMENDMENT NO. 3301 The Senator from Tennessee is recog- tough decisions that call us to make Mr. BAUCUS. Mr. President, I ask nized. unanimous consent that the Senate sure we are not pushing huge amounts AMENDMENT NO. 3302 now proceed to a vote in relation to the of debt onto future generations. Mr. CORKER. Mr. President, I rise to I cannot imagine why anybody in Thune amendment No. 3301 and that speak about the Gregg-Conrad amend- this body would oppose setting up a bi- the provisions of the order of December ment that I hope we will vote on later partisan group—they do not have to 22 regarding the vote threshold remain this evening or tomorrow. I know ev- vote for the recommendations—that in effect and no intervening amend- erybody in this body is concerned will spend a year looking at these ment be in order. The PRESIDING OFFICER. Is there greatly about the long-term issues we issues in an intelligent fashion, hope- objection? Without objection, it is so have to deal with as relates to our defi- fully, and then come back and report. ordered. cits. I think everybody in this body has And you can vote yes or not. You may Mr. BAUCUS. Mr. President, I ask for concerns about that. or may not like it. the yeas and nays. I know there has been a lot of discus- I see the Senator from Missouri. Let The PRESIDING OFFICER. Is there a sion, especially by members of the Fi- me say one more thing. The way I un- sufficient second? There appears to be. nance Committee, that we need to deal derstand it is the majority leader The question is on agreeing to the with the long-term deficits in this body would appoint the Democrats and the amendment. through regular order. The fact is, this minority leader is going to appoint the The clerk will call the roll. is the responsibility of the committee. Republicans. That alone ought to give The assistant legislative clerk called I respect members of the Finance Com- people some sense that they are not the roll. mittee. Someday, I would like to serve going to appoint people who are out in

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.054 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S103 left field, if you will, or out in right backtrack a little bit. I remember the I am proud of the fact that the Sen- field as it relates to fiscal issues. They Republican Party announcing that this ator from Missouri is standing up are going to appoint people who want was one of their priorities. Now all of a today supporting this legislation. I to look at this generally along the sudden we are hearing that the leader support it proudly. Again, the winds lines of the philosophy of each of the of the Republican Party is opposed to are blowing on both sides. I know there two parties. it. Think about that for a minute. Be- are liberal groups calling in trying to I cannot understand how any of us fore the shores got rocky for Demo- get folks on the other side not to vote cannot support putting in place a crats politically, this was a great idea. for it. We have conservative groups on mechanism to deal with the long-term Everybody here knows we are not our side calling trying to get people liabilities of this country. Mr. Presi- going to fix this problem in the regular not to vote for it. dent, I know you join me in those con- order. Everybody knows it. It is not Again, all we are putting in place is cerns. You have to. The Senator from going to happen. So we are going to a mechanism to try to solve this prob- Missouri has to join me in those con- talk deficits, we are going to continue lem. People can vote against the rec- cerns. to say deficits matter, and we are not ommendations. At the very least, we I hope we will set aside politics and going to do the things we have to do to would benefit from some deep thought the groups that are calling in and lob- fix it. Until people begin to put aside and a lot of work on data to see where bying against this issue because we politics and think about the policy we sit as it relates to the deficit issues. might have to make a tough decision— that is really involved here and what it One of the things I think the election which, by the way, would benefit fu- means for the future of this country, the other night said to both of us is ture generations—trying to keep us we are in deep trouble. that regardless of the outcome, regard- from doing something that would make I implore my friend from Tennessee less of some of the issues we are fo- sense. Again, if the things they rec- to restore this as one of the priorities cused on, the American people would ommend are not good, vote against of the Republican caucus, to prevail like for us to hit issues head-on. They them. But let’s put some process in upon his leader to not—I hope this is do not want trickery. They do not want place to deal appropriately, to make not the case, but the rumors are float- doubletalk. The American people sure seniors down the road are going to ing around that they have backed off would like for us to address the serious have Medicare, that seniors down the this as a priority because if the Demo- issues of this country as adults and try road are going to have Social Security, crats do this, it is going to make them to come forth with real solutions to ev- and that those young people we talk look good. We have to quit making the eryday problems and long-term prob- about so much and care so much about failure of the other guys our success. lems. are not burdened with huge amounts of This place cannot be about that. By I think this legislation, which, by the debt because we do not have the cour- the way, it happens on both sides. I am way, is bipartisan—and as the Senator age in this body to make the decisions not saying this is just a problem on the from Missouri mentioned, in the past it we need to make to put this country on Republican side of the aisle. But we has had tremendous support. We al- a solid footing. We all know that. We really do have a place where the way most had enough—I am probably exag- see it every day. We do not want to politics are played today makes it very gerating slightly—we almost had make those tough decisions. This gives difficult for us to come together in a enough sponsors in the past to pass it us a mechanism to at least consider bipartisan fashion. in this body. making some difficult decisions and This is a moment in time that this As the Senator mentioned, the polit- putting this country on a strong foot- could happen. I implore my friend from ical winds are changing. Maybe one po- ing. Tennessee—and he is my friend. We litical party has advantage over the Mr. President, I suggest the absence have been here the same amount of other for a day or two. Who knows. In- of a quorum. time. We have watched all of this stead of looking at this for the sub- The PRESIDING OFFICER. Will the sometimes with our eyes bugging out stance that is there and behind it, the Senator withhold his request for a and our jaws slack as to what goes on Senator from Missouri is right, politics quorum call? around here and how things work. This has come into play. I hope, just as the Mr. CORKER. I will. is a time we can come together and do Senator has mentioned, that all of us The PRESIDING OFFICER. The Sen- something that is responsible for this can rise above that over this next week ator from Missouri. country. and support this very commonsense Mrs. MCCASKILL. Mr. President, I I am going to work very hard on my legislation that will at least get the had no intention of speaking today, but colleagues on this side of the aisle. I ball rolling toward dealing with the this place has been a little strange over hope my friend from Tennessee does issues that are going to affect these the last few months in terms of our the same thing on his side of the aisle. young people who are here helping us. ability to come together. I think we will have a vote on this We all know that political leadership When I heard my friend from Ten- amendment sometime in the next week at least for years—I am not talking nessee talking about the Conrad-Gregg or so. It is very important that we just today—for years we have had the amendment, I realized we had a mo- stand up and be counted as people who most selfish generation of political ment of bipartisan agreement. I wanted are more worried about our grand- leadership this country has seen, kick- to stop and recognize that it is not children than the next election. ing the can down the road on serious completely gone. There are Repub- Mr. CORKER. Mr. President, the Sen- issues so that we can give people what licans and Democrats who agree on ator from Missouri and I have worked they want without anybody having to issues. on a number of issues together. I so pay for it except these young people. I could not agree more with my much appreciate her comments. I am proud to stand with the Senator friend from Tennessee. I think this While I certainly cannot speak to from Missouri. I thank her for her com- statutory commission is our best hope what the position may be of leadership ments. at restoring fiscal sanity in this coun- of whatever party on this particular Mr. President, thank you for the try. It is important that we adopt it. I issue, I will tell the Senator that I am courtesy of time. am proud to be a cosponsor of the absolutely a cosponsor and I absolutely Again, I suggest the absence of a amendment. There are a number of us agree that political winds are blowing, quorum, but possibly the Senator from on this side of the aisle who are co- I might add, on both sides of the aisle. North Dakota may wish to speak. sponsors of the amendment. There are The President tried to announce The PRESIDING OFFICER. Will the a number of Republicans who are co- something yesterday that we all know Senator withhold his request for a sponsors. But I am beginning to sense is not as strong as this amendment. It quorum call? that there may be some political game- was an attempt, in fairness, to keep Mr. CORKER. As always, yes. playing that is going to occur here, and this amendment from gaining support The PRESIDING OFFICER. The Sen- it worries me. because this is, as you mentioned, stat- ator from North Dakota. The leader, with all due respect—in a utory. So it happens on both sides of Mr. DORGAN. Mr. President, I sup- bipartisan moment, I am going to the aisle. port the Conrad-Gregg fiscal action

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.058 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S104 CONGRESSIONAL RECORD — SENATE January 21, 2010 task force amendment. I am going to level of government that exceeds the Let’s do some things that give people vote for it, and I do so not because I amount of money we have, exceeds the some confidence in the future. Let’s think it is the best solution. The best American people’s willingness or abil- give them confidence that finally, at solution would be for us, year to year, ity to pay for it, and that is not sus- last—at long last—we are going to grab to reconcile that which we spend and tainable in the long term for this coun- these issues, look them square in the the amount of money we have to spend. try. eye, and say: We will fix them. Why? But we don’t do that, and we are now So the question is, What do we do? Because our kids and grandkids deserve in a position where we have an Some say, Well, you can never increase that, and this country deserves that unsustainable fiscal policy. It just is. any taxes. I say: Why not, if you have leadership. I know people on that side want to people who aren’t paying their fair Mr. President, I yield the floor. blame this administration; people on share? How about increasing taxes on The PRESIDING OFFICER. The Sen- this side want to blame the last 8 them? Some of the biggest folks in the ator from Maine is recognized. years. Whatever the blame might be, country, who are running hedge funds, Ms. COLLINS. Mr. President, I ask let me say that we are on an are paying the lowest tax rates in unanimous consent to speak as in unsustainable course, and it is re- America. How would you like to make morning business for up to 12 minutes. quired, in my judgment, by Repub- $3 billion a year? The PRESIDING OFFICER. Without licans and Democrats, to come to- By the way, when somebody comes objection, it is so ordered. gether to find a way to address it. This home and says: Honey, how are you (The remarks of Ms. COLLINS per- is not the best way, but it is probably doing? taining to the introduction of S. 2943 the only way we are ever going to get That person says: Well, I’m doing are located in today’s RECORD under some control. pretty well—$3 billion a year. That is ‘‘Statements on Introduced Bills and I have heard so many people come to almost $250 million a month salary. Joint Resolutions.’’) the floor of the Senate to say this ad- Doing pretty well. By the way, I don’t Ms. COLLINS. Mr. President, I sug- ministration is a socialist administra- know whether you know it, sweetheart, gest the absence of a quorum. tion; it is going to spend this country but I get to pay the lowest taxes in the The PRESIDING OFFICER. The into the ground. I have heard all of country. I get to pay, on carried inter- clerk will call the roll. that. It is easy for me to stand here est, a tax rate of 15 percent. The bill clerk proceeded to call the and go all the way back to a time when So if somebody says: What is the so- roll. I stood on this floor—a time when we lution to this? Cutting spending? Yes, I Mr. BROWNBACK. Madam President, had the only budget surplus in several think so, in areas where we are spend- I ask unanimous consent that the order decades—and say in response to a ing money we shouldn’t—such as beam- for the quorum call be rescinded. President’s proposal to spend it before ing television signals into the country The PRESIDING OFFICER (Mrs. it even existed, and all we had was 10 of Cuba. We have spent $1⁄4 billion send- SHAHEEN.) Without objection, it is so years of projections, why not be con- ing television signals to the Cuban peo- ordered. servative? These surpluses only exist ple in TV Marti. Yes, we have spent Mr. BROWNBACK. I rise to speak on this year, not for the next 10 years. that, and there are television signals the budget deficit and a mechanism Let’s be a little conservative. And the beamed from 3 a.m. to 7 a.m. and this body has embraced in two prior blowback was: Katey, bar the door. blocked by the Cuban Government so budget agreements that I think it is Let’s do big tax cuts. Let’s do all these nobody can see them. So we have spent time to put in place now. It is called things. Then immediately—and I didn’t $1⁄4 billion sending television signals no the CARFA mechanism, the Committee vote for it—but immediately we ran one can see. I guess some people here on Accountability and Review of Fed- into a recession, then we ran into a ter- feel better about that. I have been try- eral Agencies. It is a BRAC process on rorist attack, then a war in Afghani- ing to shut that down for 10 years and spending. We passed it in the budget stan, and a war in Iraq—which, by the can’t even shut down that kind of in- resolution twice, with votes on both way, we never paid a penny for. We just sanity. sides of the aisle for it. What it does is sent men and women to go to war and So cutting spending, yes. How about it basically says: OK, we have to look said: We won’t pay for it except with asking those who aren’t paying their at all of the Federal Government. emergency supplementals every year. fair share of taxes? Yes. Let’s do all of Places that aren’t working, we need to So there is plenty of blame to go that. Perhaps we are requiring that be eliminate, and the rest, then, we can around. This current President, Presi- done if we set up this mechanism. Per- use to pay down our debt and deficit. If dent Obama, has been in office just 1 haps that is what will happen. I wish there were ever a time to do this, this year. There are things with which I dis- we didn’t have to do this, but with the is the time. I have argued for a decade agree with this administration, for choice of yes or no, which is a very that we need to do this, and I put this sure. But, look, he inherited the big- simple choice on should we do some- bill forward for a decade. This is my gest mess in the history of a Presi- thing or should we just continue down last year in the Senate, and I hope we dency, in my judgment. So let’s try to this bumpy road that leads to a des- can get it done this year. It has re- figure out how we can get the best of tination none of us wants and none of ceived bipartisan votes, as I mentioned, what both parties have to offer in this our children will like, my answer is two times before in the budget. country rather than the worst of each. let’s vote yes on this amendment. Let’s It is a simple mechanism. What it I have often quoted Ogden Nash’s decide to do something that maybe can does, it is an eight-member commis- four lines that I think captures this put this country back on track, help us sion, four appointed by each side of the the best when he was talking about a restart this economic engine and give House and the Senate. It has to pass guy who drinks too much and a woman the American people confidence again. by—six of the members, of the eight who scolds. I used to teach a little economics in have to vote to put forward the rec- He drinks because she scolds, he thinks. college, and I used to teach that it ommendations of the commission. It She scolds because he drinks, she thinks. didn’t matter what the supply and de- takes a fourth of the Federal Govern- Neither will admit what’s true. He’s a drunk mand curve and all those issues dealt ment each year and it recommends and she’s a shrew. with, with the graphs. What really spending cuts in that fourth. That is So it is perhaps with the political matters is do people have confidence then referred to the appropriate com- parties. Neither will admit what is about the future—about themselves, mittees, and then within 30 days after really true. Both have some responsi- their family, and their future. If they the commission reports out, it is sub- bility, and both have a responsibility do, they do the things that expand the ject to a privileged motion, that the to lead. We are not leading year to year economy. They take a trip, buy a suit actual recommendation of the commis- in the normal budget process and in of clothes, buy a car, buy a home. That sion must be voted on by Congress. It the normal appropriations process to is what expands the economy. If they then has a limited timeframe for de- reconcile the amount of money we have are not confident, they do exactly the bate without amendment, and you get and the needs that exist. We are not opposite, and they contract this econ- a vote up or down—very similar to the reconciling that. We are offering a omy. BRAC process that we have followed

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.060 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S105 for many years on base closing and re- Department which gets a 79.47 grade structure go at spending first, and that alignment. average. We have the Education De- is the first place you would look, and I might remind my colleagues, that partment at 49.91. We have the Labor you would certainly look there before BRAC process, while creating con- Department at 58.14, of an average you would look toward any tax in- sternation across the country, has now grade score of the programs reviewed creases. I think this is something saved us $60 billion. We have had sev- within that agency, within Labor, 35, whose time has come and this is some- eral places in Kansas that have been within Education, 93. thing this body really should support. closed in that BRAC process, but we My point in saying that is that my I would also point out that the route have also had consolidation of troops guess is that within the 35 programs, we are going right now, with massive and operations at, say, Fort Riley that we can find quite a few there that actu- increases in spending and sharp drops have gained by that, and we have an ally should be eliminated, that are not in revenues—you talk about bending economy and we have a better aligned hitting the target, that are not getting cost curves down, let’s bend this cost military. the job done. curve down on spending by the Federal This is the same process. It is only on This is the process we went through Government. That is what CARFA can spending, it isn’t on taxes, and it is ap- with military bases. For instance, in do in a bipartisan, fair process, not just plied now to the full breadth of the my State, we had a munitions plant one side or the other saying, cut here, government, discretionary and manda- that was closed down near Parsons, KS, cut there. It is looking at all of the tory spending. So it is everything in- and we had a munitions plant near the Federal Government, and it is then cluded within a BRAC process. It is a Kansas City area that was closed. putting it in a process where we make supermajority within the commission These plants were providing services. recommendations—the commission itself. Six of eight members must sign They were doing legitimate functions makes recommendations on spending on to it, so you cannot get it just for the military. But the military said: first. Address spending first. That is gamed one way or the other. It is a We can consolidate this in one place clearly what our constituents want us simple majority once it gets to the and save money and close these plants to do. They want us to look at spend- body; it is under the privileged motion. down, and then we will turn the land ing. That is not a partisan statement, It isn’t a 60-vote point of order, it is a back over to private and public enti- that is what the public wants us to do, 50-plus-1 vote to be able to get it on ties. That is what is taking place. We and to get at the wasteful pieces of it through this body, and a majority in have done that across the country, cre- first. the House. ating a more efficient military instal- So I would urge my colleagues, in This is a tried-and-true practice. It lation process. It had a negative im- this bill—I hope we are going to be able doesn’t include tax increases, and my pact on a couple of my communities, to get this up as a piece of it, an other colleagues are putting forward a but now we are kind of dealing with amendment, the CARFA bill that has commission process as well that does those issues and working hard on them. been voted on previously, and that we include tax increases which a number But we have a better structured mili- will have a chance for people to say: of people have a great deal of difficulty tary. What if we did that in the rest of Yes, let’s go at spending, let’s go at with and certainly people across the the Federal Government? And we clear- spending. country have difficulty with. This is ly should do that at this point in time. I yield the floor. not the time nor the economy for us to We are looking at a Federal deficit, a The PRESIDING OFFICER. The Sen- be talking about tax increases. We government-run Federal deficit of ator from Montana. have been pounding away at that for a $1.472 trillion—116 percent greater than f long period of time, but clearly people the 12-month period ending December are saying: No new tax increases. I 31, 2008. ACCELERATING THE INCOME TAX think they certainly would say that I have asked my colleagues to con- BENEFITS FOR CHARITABLE prior to us going through our own sider this amendment in the Federal CASH CONTRIBUTIONS FOR THE spending. There is nothing that pre- debt limit ceiling, for us to go back to RELIEF OF VICTIMS OF THE vents this body from passing a tax in- this process that has already passed EARTHQUAKE IN HAITI crease. We can pass it at any point in this body in budget votes before, but Mr. BAUCUS. Madam President, I time. But I think, to have any validity, we have never been able to get a vote ask unanimous consent that the Sen- you would have to go through the Fed- that would take it all the way through ate proceed to the immediate consider- eral spending first and say: Let’s cut the system. So my colleagues are very ation of H.R. 4462, an act to accelerate the spending before we even look at the familiar with this process. It has the income tax benefits for charitable tax increase side of this equation. That worked. Let me repeat that. It has cash contributions for the relief of vic- is what this does. This looks at the worked before for us. It will work tims of the earthquake in Haiti, re- spending piece of the equation, not at again. We are not building from ceived from the House and at the desk. the tax piece of the equation. We owe scratch. We already have some score- The PRESIDING OFFICER. Without that to the American public. If there is cards. And we have to start taking care objection, it is so ordered. going to be any credibility of saying we of this. This is the legacy we are leav- The clerk will report the bill by title. need to raise taxes, which I don’t think ing our grandkids—deficits that are The legislative clerk read as follows: we need to, but if there were to be any running in huge quantities. A bill (H.R. 4462) to accelerate the income credibility, you would have to first go The first thing to do in a deficit is— tax benefits for charitable cash contribu- through Federal spending and say: We if you are digging a hole, you have to tions for the relief of victims of the earth- have cleaned out everything we can. stop digging—stop spending, stop quake in Haiti. I, frankly, believe there are a number spending in the wasteful areas. There is Mr. BAUCUS. I ask unanimous con- of Federal agencies that could take a nothing that drives my constituents sent that the bill be read three times, major reduction and that we could end more crazy than wasteful government passed, and the motion to reconsider be up with better government. spending. People look at that, and it is laid upon the table; that any state- I want to point this chart out to you. just mind-boggling to them. This is a ments related to the bill be printed in This is a report card that the Federal legitimate process to get at wasteful the RECORD. Government does on itself on the effec- spending in a process we have approved The PRESIDING OFFICER. Without tiveness of its programs given the de- before, and it is clearly time for us to objection, it is so ordered. sign they were based on in the Con- do it. The bill (H.R. 4462) was ordered to a gress. The OMB does this. They do this With this sea of red ink, anybody in third reading, was read the third time, on an annual basis. They take different this body who has been a Governor has and passed. agencies each year and rate them for looked at these sorts of issues and said: Mr. BAUCUS. Madam President, I am total effectiveness of that program. OK, first, where can we cut our spend- glad we passed the bill here now—it al- And you can see we have a couple of ing? And you would look at that. This ready passed the House—to help all of agencies here. We have a 100-point does that process. The CARFA project those Americans who find the tragedy scorecard. The best one is the State and the CARFA bill and the CARFA in Haiti so wrenching and want to help.

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.062 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S106 CONGRESSIONAL RECORD — SENATE January 21, 2010 Americans are trying to help in lots of agree with the approach they take in the country belongs to the U.S. Gov- ways. Some are taking orphans into their commission. I do it for basically ernment and, therefore, if we reduce their homes. three reasons. taxes somewhere, we have to make up I have worked, as an example, in the First, I have never found either the that reduction in tax revenues some- last several days with many churches House or the Senate in a position where else, either by raising taxes and organizations, including especially where they were anxious to cut spend- somewhere else or cutting spending. Of the Catholic Relief Society, to just ing and thereby save taxpayer money. I course, we never cut spending. So the help in any way we possibly can. But have, on the other hand, seen an effort idea is you have to raise taxes some- there are other Americans who just to raise taxes every time we seem to where. If I want to give the American want to help with financial contribu- get into a deficit situation. It seems it people a tax break by reducing their tions. So this bill enables many peo- is always easier to gather in more tax- taxes, I should have the right to do ple—in my home State of Montana, payer money than it is to stop spend- that. Congress should be making the many people have contacted me to say: ing money they have already sent us. rules. We should have the right to say: MAX, what can we do to help? And this The problem with that is, it is no We are going to reduce your tax bur- is essentially an effort to help people longer money they have sent us, it is den. But under existing rules, unless who want to help, so they can get a de- money we have borrowed from other you have 60 votes for a permanent duction on their 2009 tax returns if that people such as China, for example. change such as that—and even then it deduction is made between basically That borrowing has costs, foreign pol- is difficult because of our scoring the date of the earthquake, January 11, icy costs as well as interest costs. We rules—any revenue that is lost because and March 1. So any contributions eventually have to pay it back. Be- of an action we take in reducing taxes made during this period will be tax-de- cause we have borrowed so much, the has to be made up somewhere else in ductible on 2009 income tax returns. Chinese are saying we better be careful some other way. It has to be offset. I am happy to work on a bipartisan about how much we have borrowed, and What that generally means is, since basis with Senator GRASSLEY, my they will have to increase interest we don’t find ways to cut spending counterpart on the Finance Com- rates. There is a point at which you around here very often, you raise taxes mittee, and he and I worked to get this cannot be a great nation by being in over here to make up for the tax rev- put together, as well as the two Sen- debt to all the folks around the world. enue lost over here. If I want to reduce ators from Florida—both political par- It is not as if we haven’t collected the capital gains tax by 5 percent, for ties. They very much care about this, enough taxes. We are now at something example, or to give a real-life example, and I know all Senators do. But I give akin to 23 or 24 percent of our gross do- I want to reduce the estate tax—and particular thanks to those Senators mestic product on Federal spending. It Senator LINCOLN and I want to do who have been very helpful to get this used to be 18.5 percent or so. It is clear, that—I can’t do that without ‘‘paying put together and get it passed without therefore, it is not tax revenues that for it.’’ We just want to reduce the es- any rancor. are the problem. It is spending that has tate tax so that people when they die, I yield the floor, and I suggest the ab- gotten out of control. We know that their heirs will not have to pay as sence of a quorum. from all these statistics a lot of us much estate tax. No, you can’t do it. The PRESIDING OFFICER. The have been talking about relative to the You have to make up the revenue that clerk will call the roll. budget last year and the debt ceiling you would lose. It is one of the reasons The legislative clerk proceeded to that needs to be raised presumably why we don’t cut taxes around here call the roll. next week. We wouldn’t have to raise very much. Because it is hard to find f the debt ceiling by almost $2 trillion if offsetting revenue that is acceptable to we had been more restrained in our people. INCREASING THE STATUTORY To carry this a little further, Senator LIMIT ON THE PUBLIC DEBT— spending. To put it in perspective, before I LINCOLN and I would simply like to re- Continued move on to the next point, the Presi- peal the estate tax. That is not going Mr. KYL. Madam President, I ask dent’s budget last year called for more to happen. So we have agreed to a com- unanimous consent that the order for debt in the 5-year period of that budget promise in which we would have a $5 the quorum call be rescinded. than all the debt that had been accu- million unified credit; that is to say, The PRESIDING OFFICER. Without mulated by every President of the that is the amount that is exempt from objection, it is so ordered. United States from George Washington the tax and that is per spouse in a fam- AMENDMENT NO. 3302 through George Bush. Think about ily. It would be indexed for inflation Mr. KYL. Madam President, I wish to that for a moment. In 220 years of his- and then anything that remains above talk a little bit this afternoon about tory, take all the debt, including World that in the estate would be taxed at the amendment which Senators War I, World War II, the Civil War, pile the rate of 35 percent. That costs a cer- CONRAD and GREGG have proposed and it all up, and this one budget included tain amount of money, according to which we will be voting on next week. more debt than that. We double the the budget scorers. I am not sure how Both of these Senators are very well debt in 5 years, triple it in 10 years. much. Let’s say $80 billion. We have to versed, as the chairman and ranking That is not responsible. And it is not figure out a way to pay for that. So the member of the Budget Committee, in for a lack of Federal revenues. It is not question is, Is there some other place fiscal policy and in the types of re- because we are not taxing the Amer- where we can raise revenue? Ordi- forms everyone is looking for to get a ican people enough. It is because we narily, raising revenue means raising handle on the deficit and the debt this are spending too much. The American taxes. We don’t want to do that. So we country is facing. So it is with some people believe that. They understand are relegated to the kind of political trepidation that I oppose an amend- it. I think it is one of the messages games, such as maybe phasing it in ment the two of them would offer. from the Massachusetts election. over time, because it doesn’t cost as I hasten to say that both are re- When you have a commission that much if you bring the rates down over spected Members of this body who ap- can make recommendations to the time, where you gradually increase the proach problems with principle in Congress that we have to, in effect, unified credit over time. That is how mind, and in this particular case, hav- abide by, that permit either an in- we got to the crazy situation we are at ing talked to Senator GREGG, I know crease in taxes or a reduction in spend- today, where we had the rate go down the idea that only by working across ing to solve the problem, it is pretty over a period of 9 years and then this the aisle with each other and compro- clear to me which direction we will end year it went to zero. But next year it mising can we hope to deal with the up going. We don’t have the courage to goes right back up to 55 percent. So the most vexing problem that seems to reduce spending so we increase taxes. rules we have around here create crazy face this body; that is, how to deal Second, our rules are premised on a policy. Yet we are stuck with it. with the problem of deficit and debt. fallacy. Unfortunately, I believe it will I am afraid a commission that has Having acknowledged their good will, drive the commission because of this the ability to both make tax revenue however, I have to respectfully dis- fallacy. The fallacy is, all the money in increase recommendations as well as

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.063 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S107 spending reductions will not only focus There are groups, such as the Na- is not true with all taxes, but it is true a lot on the taxing side, because it is tional Taxpayers Union, for example, with some taxes. I mentioned capital very hard for Congress to reduce spend- that keep track of how much money we gains. ing, but also will be bound by the same spend around here. They rate Senators If you have a high capital gains rate rules so we will never get tax cuts any- based on how much they spend. today and businesses are told the rate more. Because every time you want to Citizens Against Government Waste is going to go down next year, do you decrease a particular tax over here, is another one. But they are pretty think you are going to see a lot of as- you will have to raise taxes over here. general, and they are not specific such sets sold this year? You will have hard- I think we should start from the as a lot of the special interests. What ly any economic activity unless it is premise that the money in the country you end up with is a big push to spend absolutely necessary. But on January 1 belongs to the people. It is their prop- money and not much of a push to save of next year, when the rate goes down, erty. The government should not take it. you will see all kinds of activity be- it unless it needs to and unless the peo- When colleagues of mine, such as my cause the rate at which that activity is ple acquiesce through their representa- friend TOM COBURN or my colleague taxed is reduced. By the same token, if tives. If Congress decides it wants to from Arizona, JOHN MCCAIN, come to you have a rate that is low today and take less money from the people, for the floor and criticize earmarks in you say it is going to go up tomorrow, example, so they will have more money bills, spending they don’t think is nec- you will see a lot of activity today but to invest in small businesses to create essary, they are criticized. Why don’t not much tomorrow. That economic ac- jobs and put America back to work you play the game? Why are you cre- tivity is what produces revenue, which again, we ought to be able to do that ating such a stir? Senator COBURN has is what the government taxes. As I without saying: We are going to give an amendment we will be taking up said, ironically or paradoxically, a you a tax break here, but we are going next week that says let’s at least get lower rate generates more revenue to to have to raise your taxes over here rid of a whole group of programs that a the Treasury. by an equivalent amount. If the money commission in the United States has That is what happens when you re- belongs to the people, we wouldn’t have decided are duplicative and not nec- duce the capital gains rate. a rule such as that. I think it is very essary. I have forgotten how many I believe if the President were to an- elitist and very wrong to essentially child nutrition programs we have or nounce tomorrow he is asking Congress start with the proposition that the special education programs or job to pass legislation to send to him that money belongs to Washington so you training programs. Probably many would fix the marginal income tax can never give it back to the people more than can efficiently spend tax- rates, the dividends rate, the capital without recouping it in some other payer money to do the good things gains rate at exactly where they are way. That is the second reason why I they are set up to do. But we never right now, for, let’s say, a period of 5 think this is not a good idea. Third, we should be focusing on seem to get around to putting more ef- years, the certainty that would cre- spending reductions. Everyone talks ficiency into the system. ate—even though some of those rates about not spending as much. Yet we I think it was Ronald Reagan who are too high, in my opinion; let that have increased spending dramatically said the closest thing to immortality go—the certainty that would create be- over the years. One of the reasons why in the United States is a government cause the rates would be known for a is because our constituents want lots program. They are easy to create but period of 5 years—and these, by the of things. If a particular special inter- hard to get rid of. way, would be the so-called Bush tax est asks for some spending, there tends When you make deals that if you will cut rates so they would be much lower to be political support for that. The op- just say we will solve the deficit prob- than they would be if they were al- position to it being spread over all the lem, we will save money over here if lowed to go back up again—if the people, in effect being everyone’s prob- you will raise taxes over here—I men- President were to do that, I think he lem, is no one’s problem. So you have tioned Ronald Reagan; I will mention would see the stock market skyrocket in spending bills here Members who put him again. That was the deal he cut the next day. He would see job creation earmarks in bills or request certain with Tip O’Neill and the Congress at that would be incredible because busi- spending, and there is a constituency the time. We got the tax increases, but nesses would know their taxes are not for that. By the way, when I talk about we didn’t get the savings. One of the going up, that they could afford to hire special interests, I am not necessarily things Ronald Reagan always said he people, and they would do so. talking about bad people. Every family regretted was being so naive as to On the other hand, when you leave in America is represented by some spe- make a deal assuming that if he agreed the tax rates in question or hint they cial interest. You have veterans in the to raise taxes over here, Congress are going to go up or, in fact, ensure family, and you have the veterans would agree to make savings over here. they are going to go up—as they did groups supporting them. Does anybody It is hard to do. Congress very rarely under the health care bill, for exam- think those are bad special interests? If does it. ple—it is no wonder businesses do not you have farmers, they belong to the Another problem is, raising taxes for create jobs. In the health care bill, we Farm Bureau. That is not a bad special the purpose of raising revenue has two actually have a couple payroll tax in- interest, but they may be coming to problems with it. No. 1, we don’t end up creases. All tax increases hurt business Washington asking for something spe- saving money. We just end up spending and hurt their ability to invest more cific. it on new things. No. 2, it affects be- and to hire more people, but a payroll I was visited today by the head of the havior from taxpayers in a negative tax is a direct tax on jobs. It says: The police department and fire department way. If you raise taxes on businesses, more people you hire, the more taxes in my city of Phoenix. Both of them for example, they will not hire as many you are going to pay; the more people are represented by groups in Wash- people. They will not be able to invest you keep on your payroll, the higher ington. They are not bad special inter- as much money in their business. They your tax liability is going to be. ests. There are a lot of special interests will probably not make as much There is one provision that says, if in the country. Because the govern- money. If they don’t make as much one of your employees leaves and gets ment is so big and so powerful, a lot of money, what happens to their tax li- a subsidy for the insurance exchange, what they do consists of persuading ability to the government? It goes you have to pay an 8- to 10-percent Washington it should engage in one down, not up. payroll tax on all the rest of your em- policy or another because that is where On the other hand, frequently—and ployees. That is a job killer. Another all the power is, that is where the this has been demonstrated especially tax raises, by just under 1 percent, the money is, and so they have to hire lob- with taxes that have a direct relation- Medicare payroll tax. That is a job byists to come back here. We listen to ship to revenues such as the capital killer. those special interests. Who pays the gains tax—if you reduce the tax, busi- So there is a relationship between job bill? Our constituents, the taxpayers, ness activity increases, producing more creation and taxes, economic activity who don’t have many representatives revenue for the government to tax, and and, therefore, revenues to the Federal back here. Federal revenues actually go up. This Treasury and tax rates. Tax rates and

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.064 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S108 CONGRESSIONAL RECORD — SENATE January 21, 2010 taxes are not the same thing. You can ment we need some help sometimes, The amendments Senators SESSIONS reduce tax rates and actually collect and, frankly, I support some alter- and MCCASKILL are presenting and, I more taxes. Again, it sounds paradox- natives to what I am talking about. believe, Senator BROWNBACK and some ical, but it is true. Think of this anal- Senator SESSIONS and Senator others will be presenting are going to ogy: When you go to the store just be- MCCASKILL, for example, have an focus on how we can actually save fore Christmas and they slash their amendment which I support because it money in the way I am talking about, prices by 40 percent, they are not doing focuses on spending. It starts with the rather than cutting services, because that to go out of business. They are 2010 budget, which is more than I would that is the wrong way to save money, if still making money. They make more like to start with, but at least it says they are essential services, as the money on the volume that increases spending has to be constrained relative Medicare services are. That is the dis- because a lot more people come into to that budget. tinction between those two items that the store—even though they have re- I think there will be another amend- I think is important to draw. duced the cost of each of the items— ment that relates to spending which fo- So the bottom line: The people who than they would if they increased the cuses on other ways to save money. are proposing this commission idea are cost of the items. I guarantee you, if Senator BROWNBACK, for example, simi- very well motivated and I respect their they raised their prices just before lar to Senator COBURN, has talked position. Reasonable people can differ Christmas, their competitors would be about trying to end duplicate programs about the wisdom of what they are pro- or Departments or agencies or pro- reducing their prices, not so they posing. I would prefer to, first, focus on grams or commissions whose job is fin- would make less money but so they whether we could actually reduce ished and we do not need them any- would get more people in, they would spending with a little help from a com- more, for example. Those are the kinds have more volume, and they would end mission or some other kind of group, of things I think we need to look at, up making more. That is what happens depending upon which of the amend- and we can save big money if we do. ments you want to adopt that actually when you reduce certain tax rates The final point I wish to make is, identifies where we can save the money when you are the Federal Government. some say: Well, isn’t this a little bit You actually increase your revenue. like the health care commission that and force us to act upon that. I would So I am very reluctant to support a would reduce Medicare spending? The rather do that first than to start out commission which I believe will under- answer is, there is a similarity at least with the proposition that we can do it take to reduce our deficit by raising in concept. The idea in the health care through tax increases because that is a tax rates. It is not good for job cre- commission, though, is to reduce sure way to hurt economic recovery, ation. It is not good for the economy. spending primarily by reducing what prevent job creation, take more prop- It is not good for families, of course. we pay doctors and hospitals and other erty and freedom from the American Ironically, I do not even think it is health care providers. That is a tough people and, potentially, in the long good for the Federal Government, but I way to reduce Medicare spending and run, provide for less revenue to the mostly do not think it is because, at still provide the services our senor citi- Federal Government. the end of the day, we always have the zens deserve. A friend of mine always likes to say: courage to talk big about cutting The way it should be done is to find There is a rate. Well, there are two spending, but we do not do it. the so-called waste, fraud, and abuse— rates, he says, at which the govern- I will close with this. The last budget and that is easier said than done. No ment collects exactly no revenue: zero increased the funding for the depart- one denies it is there. But we have had and 100. It is true. If you set a very ments of government dramatically at a decades to get to the problem, and if high tax rate, you are going to get very time when we are in a deep recession. we could, we would be doing it right little of whatever it is you are taxing. Families are having to cut their budg- now. I have no doubt if President If you want economic activity that rep- ets. Yet you go to the Department of Obama knew he could save $100 billion resents economic growth in this coun- Agriculture, and I think it was a 23- by eliminating waste, fraud, and abuse, try and a high standard of living and a percent increase or 26-percent increase, he would have gotten about the job by lot of job creation, you cannot achieve about the same for the Department of now, and he would not be waiting to that by imposing a lot of taxes, even if State and so on. I think the average see what kind of provisions we put in a you were not worried about the deficit. was over 12 percent. Only the Defense health care bill before starting the job. The way to solve that problem is to Department took a hit. The private sector cannot afford to stop spending money rather than try- I think that says something else we waste that much money. Federal bu- ing to take more money from the need to be very careful of. It is one reaucrats, as hard as they work, do not American people. thing for a commission that is not have the responsibility. It is somebody Madam President, I suggest the ab- elected by the people to have the spe- else’s money. It is everybody else’s sence of a quorum. cific goal of reducing the deficit. It is problem. It is not my problem. In the The PRESIDING OFFICER. The quite another to have the perspective private sector, they cannot afford to do clerk will call the roll. of all the matters Members of Congress that. It is one reason the insurance The assistant legislative clerk pro- have to pay attention to in making de- companies get criticized, because they ceeded to call the roll. cisions that offset each other or that have people making sure they do not Mr. SESSIONS. Madam President, I take into account the needs across the pay claims that should not be paid, and ask unanimous consent that the order entire spectrum of government. sometimes they are criticized for that for the quorum call be rescinded. It would be very bad, indeed, if we kind of activity. Their administrative The PRESIDING OFFICER. Without were not able to factor into our deci- costs are a little bit higher than the objection, it is so ordered. sions, for example, the need to increase government’s because of that. They TODAY’S CITIZEN UNITED DECISION Defense spending next year. Because it hire people to make sure they do not Mr. SESSIONS. Madam President, I got hit last year, it is going to have to have a lot of waste, fraud, and abuse. want to share a few thoughts at this be increased. I daresay, I hope and I al- So the amount of waste, fraud, and time about the Supreme Court’s deci- most predict the administration will abuse against the insurance companies sion in Citizens United v. Federal Elec- find a way to increase in its budget is pretty low, and they are able to stay tion Commission, which was announced this year Defense spending because it in business as a result. today. Some comments were made cannot be sustained at the level it is. With the Federal Government, you about the decision in the Judiciary Yet if we were having to cut spending have the sort of ‘‘Did you ever wash a Committee earlier today, and some of across the board, that would be dif- rental car?’’ syndrome, where it is those comments were critical of the de- ficult to do. somebody else’s money, you do not cision. I just want to say that I think That is what we are elected to do as have to be as careful about protecting it is a sound decision, a decision that is Members of the House and the Senate. it, and, as a result, there is a huge consistent with our Constitution and As hard as that job is, we should be amount of money lost in government the first amendment. doing it to adequately represent our programs, such as the Medicare Pro- I know sometimes people are irri- constituents. I understand the argu- gram, for example. tated by seeing ads on television. I

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.066 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S109 know politicians are not happy when not want anyone putting a film like important one. We have had a debate people run ads against them. But this the one at issue in Citizens United out on this issue for a long time. We have is a free country. We are not immune against me, but it is a free country, roared about it in this Senate for many to criticism and people seeking to pro- and I don’t think it is justified to say years, and people have passionately ar- mote their point of view throughout that Americans who come together in gued about the first amendment and our Nation. I think the Supreme some corporate body can no longer whether some of our laws mean an Court’s opinion today deals with the speak. evisceration of it. reality of free speech that simply is not I will just add that the current ad- I used to say in my speeches that I going away. ministration has been a bit insensitive just don’t think it is right to tell an In Citizens United, the Court over- about this matter. We had the inci- American, or even a group of Ameri- ruled two recent precedents that had dents earlier in the year when an insur- cans who come together in corporate themselves undermined and were in- ance company published material to form, that they can’t buy an ad, even consistent with this Nation’s long tra- people they insured that pointed out on the eve of an election, and say that dition of protecting political speech. In criticisms of the health care bill. The JEFF SESSIONS is bad for our business, doing so, the Court recognized that po- administration tried to get a federal bad for our State, bad for our Nation, litical speech is protected by the first agency to threaten them with a loss of and ought to be thrown out of office. It amendment regardless of whether the business if they didn’t stop expressing can, perhaps, be a problem sometimes— speaker is an individual or is acting in an opinion. The insurance company if someone took out an ad like I just corporate form. Over the years, there was engaged in a business impacted by described I might think it is a prob- have been some dubious arguments the bill. The people they were commu- lem—but the balancing test we use is the plain language of the first amend- made under the first amendment, such nicating with bought this kind of in- ment, and it says that the right to free as arguments that pornography, and surance coverage. I think they had speech shall not be abridged. That even child pornography, are protected every right as free Americans to send right is important. We incur great dan- under the free speech clause; however, out a notice that said: This is not good ger when we say: Well, you can talk, for our company or for you, we think. there can be no doubt that the Found- but we are not going to let you make a They are not allowed to do this? ing Fathers, when they wrote the Con- political message 30 days before the They are going to be threatened by the stitution, contemplated the protection campaign. You can contribute but only White House with punishment if they of people’s right to have robust a polit- under our rules. A clear case can be communicate to the people with whom ical debate. There can also be no doubt made that the law at issue in Citizens they do business? That is no little mat- that robust political debate includes United favored political incumbents. It criticizing political candidates when ter. We have to get our heads straight. gave an advantage to politicians al- they are running for office. The first amendment protects speech— ready in office, who have an edge in ob- The decision today was an inter- real substantive speech—about impor- taining individual, ‘‘hard money’’ con- esting matter. It shows how far some tant issues, issues like health insur- tributions. I myself am an incumbent— congressionally passed laws reach. The ance and who is going to be elected I myself have been fortunate enough to decision may indicate that sometimes President. And it protects them regard- receive many such contributions—but these bills reach farther than we in- less of whether the speaker is an indi- that does not change the clear mandate tended for them to reach when we vidual or whether the speaker is acting of our Constitution. I think the Su- wrote them. For example, the Citizens in corporate form. preme Court’s opinion should be re- Justice Scalia dissented in McCon- United case revolved around a film spected for the fact that it takes the nell v. FEC, a 2005 case that was re- that was critical of one of the main text of the first amendment very seri- versed by the court’s opinion today, candidates in the 2008 Presidential ously. The opinion addresses very fun- and Justice Scalia has a knack for election. A group called Citizens damental questions about what power going straight to the heart of the mat- United produced the film, and they politicians in Washington have to con- ter. In that dissent he wrote: wanted to broadcast it; however, under strict the right of Americans, either in- the recent so-called bipartisan Cam- In the modern world, giving the govern- dividually or corporately, to defend paign Reform Act, it was illegal for ment power to exclude corporations from the political debate enables it effectively to muf- their interest and speak out. That free- Citizens United to broadcast the film dom is fundamental to the preservation during the 30 days before the election fle the voices that best represent the most significant segments of the economy and the of our Constitution. because the group had received money most passionately held social and political Think about it. The New York Times. from U.S. corporations. Citizens United views. What is the New York Times? Is it a became the plaintiffs in a lawsuit and, He goes on to say: corporation? Yes, it is. Can the New eventually, the question of whether People who associate—who pool their fi- York Times run an editorial every day Congress could constitutionally pro- nancial resources—for purposes of economic saying they don’t like this party or hibit them from broadcasting the film enterprise overwhelmingly do so in the cor- they don’t like this Senator and criti- wound up before the Supreme Court. porate form; and with increasing frequency, cize them repeatedly? Why, sure they I think Chief Justice Roberts, cor- incorporation is chosen by those who asso- can. But can Ford Motor Company de- rectly summed up the holding of to- ciate to defend and promote particular fend its interests? Can it run an ad and day’s opinion in his concurrence. We ideas—such as the American Civil Liberties say: We are getting a little bit tired of will probably talk more about it in de- Union and the National Rifle Association, the Federal Government giving an- tail as we go forward and have a little parties to these cases. other $3 billion to General Motors Ac- more time to examine it, but he says: I agree with Justice Scalia. We can- ceptance Corporation and we don’t get Congress violates the First Amendment not allow the government to suppress any money from the Federal Govern- when it decrees that some speakers may not speech simply because it is near an ment to help Ford Motor Credit. Under engage in political speech at election time, election time and corporations have the law the Supreme Court was dealing when it matters most. given some money to put it on. I think with in Citizens United the answer was Or, as Justice Scalia characterized that is not healthy. In fact, I think our no. That was wrong, and it threatened today’s holding in his concurring opin- whole approach to constricting and our Constitution. Under our constitu- ion: limiting people in pooling their money tion people ought to be free to push A documentary film, critical of a potential and running ads is clearly in conflict back and defend their interests, wheth- presidential candidate is core political with the first amendment. er they do it individually or through a speech, and its nature as such does not I would just say this: The Supreme corporation. Otherwise, I think it al- change simply because it was funded by a Court made it clear that all the limits lows us in Washington to appropriate corporation. we have placed on corporations giving power to ourselves—the power to ben- We hear speech that irritates and to political campaigns were not struck efit one another and avoid being criti- frustrates us a lot of times, but we down. That is a separate issue, I sup- cized for it. I think that is the exact have to put up with it because it is a pose, but the issue the Supreme Court opposite of the robust political debate free country in which we live. I would decided in its opinion today is a very the Founding Fathers intended.

VerDate Nov 24 2008 04:03 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.075 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S110 CONGRESSIONAL RECORD — SENATE January 21, 2010 That is my two cents’ worth. I think bills we have already incurred. We ate born terrorist attempted to kill nearly the case is one of significance. It is one the meal. We had the dinner. Now we 300 innocent people in the skies over we have debated here for so long. I have to pay the check. Detroit on Christmas Day. What could know Senator MCCONNELL, the Repub- I am asking my Republican friends to have been a terrible tragedy became in- lican leader, has been so eloquent and join us on this measure. I am asking stead an urgent reminder to remain fo- consistent for probably 15 years in de- them to take responsibility for the cused—a wake-up call, if you will. bating this issue. In many ways, this mess they helped create and to be a But even before Abdulmutallab opinion validates some of the principal part of the solution, rather than leav- boarded the plane, many Americans constitutional arguments he made. ing other people to clean up their mis- had already begun to wonder whether I yield the floor. takes. we had become too slack over the past The PRESIDING OFFICER. The Sen- During the years when they were in year in the fight against terrorism. control, Senate Republicans voted ator from Illinois. And who could blame them? Time seven times to increase the debt limit. Mr. BURRIS. Madam President, for and again, the administration has They refused to pay for major initia- the past few days I have heard a num- made decisions that suggest a pre-9/11 tives. They cut revenues and increased ber of my colleagues come to the floor mindset of prosecution over preven- to discuss whether this Congress spending. It did not take a financial ex- pert to recognize that this was just tion—decisions which have left most should vote to raise the limit on the Americans scratching their heads and national debt. As this debate has un- plain irresponsible. So when our Re- publican colleagues talk about fiscal concluding that some of the adminis- folded, I am beginning to hear a famil- tration’s priorities are dangerously out iar refrain from my friends on the responsibility, they are talking about an issue on which they have absolutely of whack. Most Americans did not un- other side of the aisle. Instead of offer- derstand why the administration was ing constructive criticism or original no credibility. Their record simply does not match their rhetoric. This in such a rush to close Guantanamo, ideas of their own, my Republican col- for example, before it had a plan for leagues keep returning to the same ir- demonstrates yet again that they do not have a plan to solve the economic dealing with the dangerous detainees responsible politics and empty rhetoric who were held there. Most did not see that got us into this mess in the first challenges they helped create. I believe it is time to move forward. why classified memos detailing inter- place. They seek to shift the blame and rogation techniques that had saved hold Democrats responsible for the Let’s be honest with the American peo- ple. Let’s work together to solve this American lives were made public and failed policies that led us to this point. thus available to the very people we The American people remember who problem rather than hiding behind the are trying to keep from harming us. really is responsible. In 2001, at the end same irresponsible policies that got us And most recently, most people were of the last Democratic administration, here in the first place. shocked again when we treated the our country enjoyed a $236 billion I call on my friends across the aisle Christmas Day bomber not as a poten- budget surplus with a projected surplus to join us in passing this measure. This tially rich source of intelligence for of $5.6 trillion over the next decade. should not be a partisan issue. We all stopping future attacks but as a com- But then Republicans took control of have a responsibility to keep this Na- tion on the road to economic recovery, mon criminal who needed a lawyer. We the Congress and the White House. and if we do not extend this debt ceil- should have gotten every bit of infor- Were they good stewards of the surplus ing, what will the consequences to the mation we could have about this man’s left to us by the Clinton administra- American people be? It is essential that plans, his connections, and his cronies tion? Were they? Did they spend only we get an extension of this debt ceiling in al-Qaida on the Arabian Peninsula. what America could afford? Were they and that we pass this legislation and Instead, the administration placed a responsible with our pocketbook? After that we be responsible as we go forward higher priority on reading him his Mi- all, the decade is over. I ask, so where in our programs and policies of spend- randa rights and on getting him a law- is the $5.6 trillion surplus? ing so that we will not have to be back It is nowhere to be found. Repub- yer. here time and time again talking about licans squandered our surplus by spend- Even more outrageous is the admin- raising the debt ceiling. We must get it ing wildly on massive tax breaks for istration’s plan for getting information under control at this time because if the wealthy and the special interests. out of the Christmas Day bomber, of- we do not, a catastrophe could be over- They tried to place the blame on Presi- fering him a plea bargain and a hope he whelming and we may not even recover dent Obama, but the reality is that will talk. These are just some of the from it. this President inherited a massive def- signs that when it comes to pros- Madam President, I yield the floor, ecuting the war on terror, the adminis- icit of $1.3 trillion on the day he took and I suggest the absence of a quorum. office last year. Now, as we try to clean tration has caused the pendulum to The PRESIDING OFFICER. The swing too far in the wrong direction. up the mess we have inherited, our Re- clerk will call the roll. publican friends are trying to pass the The bill clerk proceeded to call the No one denies a balance must be buck. They seem to be more interested roll. struck between preserving civil lib- in scoring political points than making Mr. MCCONNELL. Mr. President, I erties and protecting the homeland. No sound policy. ask unanimous consent that the order one wants to sacrifice one for the Who is going to be hurt if we don’t for the quorum call be rescinded. other. But in many cases, all that is in- extend this debt? We are all going to be The PRESIDING OFFICER (Mr. volved is a simple question of judg- hurt. It is not going to be Democrats BURRIS.) Without objection, it is so or- ment. When a judgment call has to be who are hurt. It is not going to be Re- dered. made, our priorities should be clear: publicans. Every American is going to GLOBAL WAR ON TERROR Keeping Americans safe should al- be hurt. Mr. MCCONNELL. Mr. President, as ways—always—win out. We need to raise the debt limit so the Senate reconvenes in a new cal- Over the past year, the administra- that America can avoid the economic endar year, it is hard not to notice that tion has grappled with these questions. catastrophe that would be created if many of the toughest challenges we It sought to find the right balance. In the United States defaulted on its debt. face in 2010 have been with us for a some cases, it has gotten it wrong. In If we fail to take action now, our Na- long time. Among the toughest and others, it has been quite sensible. The tion’s credit would be undermined, our most persistent of these is the ongoing President was clear and convincing, for economy would be further weakened, global war on terror. More than 8 years example, when he explained our goals and important programs, such as So- have now passed since September 11, in Afghanistan last December—to deny cial Security and veterans’ benefits, 2001. Yet we are reminded every day of al-Qaida a safe haven, to reverse the would be at grave risk. Raising the the need to remain as vigilant now as Taliban’s momentum and deny it the debt limit is the only responsible we were in the weeks and months after ability to control population centers, course of action at this time. It would that terrible day. and to strengthen the capacity of Af- not authorize one penny of new spend- This fact was recently brought home ghanistan’s security forces and govern- ing, but it would allow us to pay the to us in a vivid way when a Nigerian- ment so that they can take the lead

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.076 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S111 and take responsibility for Afghani- areas, and a few years later it had re- Taliban in Afghanistan as well. In this stan’s future. The President had it ex- gained enough strength to once again regard, the leaders we spoke to in both actly right. But Americans know that pose a serious threat to the United countries were clearly troubled by the in this fight, in the global war on ter- States. Meanwhile, the Taliban had re- Obama administration’s announced ror, getting the strategy partly right established its headquarters in Paki- deadline of July 2011 for the with- will only lead to partial success. As the stan and gained enough strength as a drawal of U.S. forces. attempted Christmas Day bombing result of inadequate Afghan security We saw firsthand on our trip that the showed all too plainly, partial success forces and poor governance to return to fight in Afghanistan and Pakistan is isn’t good enough. Afghanistan and to risk success to our difficult, and the situation is fragile. So today I would like to discuss some mission there. But complicating matters even further of my own impressions of how our mis- By last year, the situation had grown is the resilience and determination of sion is going in the place where the at- so perilous that our then recently ap- al-Qaida and its affiliates, and we must tacks of September 11, 2001, were pointed top general in Afghanistan, not fail to appreciate all the implica- launched, and to describe the mission GEN Stanley McChrystal, issued a re- tions of this. In this regard, the admin- within the broader context of the glob- port stating that our failure to gain istration showed a shocking lack of al war that extends to places such as the initiative and reverse the momen- common sense when it failed to treat Yemen and to our own borders because tum of the Taliban within 12 months the Christmas Day bomber as an success in one place overseas could eas- could make defeating the insurgency enemy combatant, instead reading him ily be undermined by neglect in an- impossible. It was largely as a result of his Miranda rights and giving him a other, and success in both could still be that assessment that the President lawyer. undermined by neglect at home. We agreed last year to send 30,000 more As I said earlier, in my view, the ad- simply cannot prevail in this fight if troops to Afghanistan. ministration has on a number of in- we treat the various elements of it as Earlier this month, I and some of my stances struck the wrong balance over separate events or if we fail to restore colleagues had the opportunity to visit the past year between safety and civil the proper balance between safety and Afghanistan and Pakistan to assess the liberties. Its preference for prosecuting civil liberties. situation on the ground firsthand. a terrorist like the Christmas Day As the years wear on, it is easy for Among other things, we saw progress bomber in civilian courts shows a dan- some to forget why we are still com- in the crucial southern provinces of gerous preoccupation with prosecution mitting young men and women to fight Helmand and Kandahar. Although still over prevention, just as its hasty deci- in far off places such as Afghanistan or in the early phases, General sion to close Guantanamo showed a why our national security interests de- McChrystal’s plan to clear these areas preoccupation with symbolism over se- mand that we prevail. That is why it is of Taliban, hold terrain, control the curity. important for us to recall that al-Qaida population, build Afghan security But whether it is Guantanamo, inter- and other extremists were at war with forces, and establish a viable govern- rogation memos, or prosecuting terror- the United States long before the at- ment for future and long-term stability ists in civilian courts, many of the ad- tacks of 9/11. shows early signs of success, not unlike ministration’s priorities in this fight The World Trade Center had been at- the kind of success during the surge in appear to be dangerously misplaced. tacked 8 full years before the 19 hijack- Iraq. Take the case of Khalid Shaikh Mo- ers destroyed it on September 11, 2001. The Taliban continues to put up a hammed. Here is the man who admits The Khobar Towers bombing in 1996 fight. As recently as last week, Taliban to planning the most catastrophic ter- killed 19 U.S. military personnel and leaders accused NATO forces of defiling rorist attack in U.S. history—nearly injured hundreds more. Thousands the Koran, a charge that led to major 3,000 people dead on our own soil in a were injured and hundreds were killed, protests in Garmsir. This Monday, the single day. Yet once in court, he will including a dozen Americans, in the Taliban demonstrated its lethality enjoy all the rights and privileges of an East Africa Embassy bombings in when it launched an attack against the American citizen. Classified informa- Nairobi and Dar es Salaam in 1998. heart of the government in Kabul. But tion may be compromised, as it has That same year, Osama bin Laden de- the bottom line is this: Our commit- been many times before in such cases. clared that ‘‘the judgment to kill and ment and that of our partners has The consequences are easy to imagine. fight Americans and their allies, given Afghanistan and its government Trying KSM in a civilian court whether civilian or military, is an obli- a chance to succeed. While ultimate makes even less sense in light of the gation for every Muslim who is able to success is far from certain, every mem- fact the administration has decided to do so in any country.’’ A year before ber of our delegation was impressed prosecute other foreign terrorists in a 9/11, al-Qaida attacked the USS Cole, with the quality of the people we have military commission, creating a baf- killing 17 sailors and injuring dozens sent to Afghanistan and with the strat- fling scenario in which those who tar- more. egy that General McChrystal has put get innocent people in the homeland So 9/11 may have been the day we re- in place. are treated better than those who at- alized the consequences of inaction, Pakistan must do its part. The ulti- tack a military target overseas. but the pattern of attacks leading up mate success of our mission in Afghan- The administration also needs to en- to that day is undeniably clear. From istan depends upon the continued ef- sure that our intelligence professionals the first days after 9/11, our strategy forts of the Government of Pakistan to and men and women in uniform are has been the same: to deny al-Qaida fight extremist networks in the tribal free to gather intelligence from detain- and its affiliates sanctuary and to deny areas. Over the last year, Pakistan has ees wherever they are captured. A U.S. them a staging ground from which they waged aggressive campaigns in the marine assigned to a NATO-led secu- could plan or launch another attack on Swat Valley and in South Waziristan. rity and development mission in Af- U.S. soil. This is why we resolved After meeting with the Pakistani ghanistan shouldn’t have to release or shortly after 9/11 to rid Afghanistan of Army’s chief of staff and with Prime turn over a captured terrorist within 96 the Taliban which had harbored al- Minister Gilani, we concluded they hours, as is now the case, nor should Qaida and its leader Osama bin Laden. genuinely believe their national inter- the Christmas Day bomber be treated We had early successes in that effort. ests will be served in defeating the as a common criminal at home when By November 2001, the Taliban had Pakistani Taliban. Still, action against the nation where he met his al-Qaida been driven from Kabul. Soon after the Quetta Shura, the leadership of the handlers, Yemen, is actively pursuing that, an international body met to Afghan Taliban harbored just across al-Qaida in the Arabian Peninsula. name an interim government in Af- the border in neighboring Pakistan, The intelligence community must be ghanistan to be led by its current isn’t likely to occur until the Paki- able to gather information from de- president, Hamid Karzai. stanis are convinced—convinced—that tainees in a way that is lawful and But despite that early success, al- the United States has the endurance to which protects American lives. Equi- Qaida’s senior leadership was able to remain committed in both Pakistan librium between safety and civil lib- find a safe haven in Pakistan’s tribal and Afghanistan and to defeat the erties must be restored, and currently

VerDate Nov 24 2008 04:09 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.069 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S112 CONGRESSIONAL RECORD — SENATE January 21, 2010 it is not, in my view. A plea bargain for administration, the Senate can dem- one of the central and overarching a terrorist who tried to blow a plane onstrate a new unity of purpose by messages I have heard in Pennsyl- out of the sky on Christmas Day? It is quickly considering this legislation. vania—and I am sure others have as wrong to think that al-Qaida would not This would signal our resolve not only well—and that message is this: The use a civilian courtroom in New York to Americans but to our allies and to American people want us to focus on or a long-term detention facility inside our forces in the field. This is not too job creation right now. They do not the United States for the same recruit- much to hope for, and it is not too want to hear about some long-term ing and propaganda purposes for which much to expect. Bipartisanship is not plan, a multiyear plan to create jobs. they have used other courts and Guan- always easy to come by in Washington, They want us to put on the table, to tanamo in the past. This fact alone but in the war on terror it is necessary, enact into law, strategic, short-term, eliminates the administration’s only and in my view it is achievable. effective job creation strategies that justification for closing Guantanamo— I suggest the absence of a quorum. will have the effect of incentivizing that it was some kind of recruitment The PRESIDING OFFICER. The small businesses to hire more employ- tool. clerk will call the roll. ees. We need a place to send terrorists The bill clerk proceeded to call the The idea that I and others in the Sen- like the Christmas Day bomber—and roll. ate have is a job creation tax credit. If that place is not a civilian courtroom Mr. CASEY. Mr. President, I ask you are a small business—in this case or a prison in the Midwest. Once here, unanimous consent that the order for we drew the line at 100 or less; I know these terrorists will enjoy new legal the quorum call be rescinded. that is not often the dividing line—if rights, including, quite possibly, the The PRESIDING OFFICER. Without they qualify, they get a 20-percent tax right to be released into our country, objection, it is so ordered. credit; higher than 100 employees, a 15- as one Federal judge previously ordered THE ECONOMY percent tax credit. with respect to a group of detainees Mr. CASEY. Mr. President, I rise to- That kind of targeted and specific from GTMO. night for two purposes. One is to talk strategy for 1 year—this is a 1-year bill The war on al-Qaida will continue for about the state of our economy, the we are about to introduce—will have years to come. In order to prevail, we challenges we face but also the obliga- that effect. It is one of several things must not only remain focused on the tions we have to address those chal- we have to do on job creation. threat but also reliant on the reason- lenges, and, secondly, to speak for a We have to have strategies, for exam- able tools that have served us well in couple minutes tonight about our ple, that have as their intended target the past. For example, now is not the brothers and sisters in Haiti and, in the positive impact on small business. time to experiment with the PATRIOT particular, children in Haiti. All across Pennsylvania—and I think Act. We should clearly reauthorize its Let me start with our economy here this is true across the country—it is expiring provisions rather than elimi- at home. We got word today in Penn- not just the question of the unemploy- nate one of them, sunset another, and sylvania—this is a newspaper story, an ment rate going up and joblessness in- tinker with those that remain, as the AP story, 3:52 p.m. The headline on this creasing, it is small business owners— administration or some of its congres- very brief story from the wire services I do not care where they are from— sional allies propose. is as follows. I know it cannot be read coming to us and telling us: Please As we continue to pursue this global from that distance. But the headline is: help us with obtaining access to credit. network, we will rely more heavily on ‘‘Pa. Jobless Rate Up, Jobs at Most There is no way a small business can intelligence personnel, a point that was Scarce in Decade.’’ grow if they cannot borrow. Our whole recently underscored by the December It says: system is predicated on borrowing 30 suicide attack that killed seven CIA A new report says that jobs in Pennsyl- money so you can invest in a new plant employees in Afghanistan. We mourn vania were harder to find in December than and equipment, borrow money so you the loss of these brave Americans. they have been in more than a decade. can hire another employee or two or Their sacrifice, along with the at- It goes on to talk about the unem- three or more. tempted Christmas Day bombing and ployment rate jumping up four-tenths If they do not have access to credit, the recent plot to attack the New York of a percent, to 8.9 percent. That is dis- this economy cannot create jobs and subway system, reminds us that the turbing in a lot of ways. First of all, grow jobs at a fast enough pace. So threat from al-Qaida and other extrem- not just the rate, because sometimes that has to be our focus. We also have ists to our homeland has not—I repeat, when we look at the unemployment to understand, as best we can from the not—diminished. rate, it does not tell the whole story. distance of Washington and the secu- But in its eagerness to distinguish its Sometimes it undercounts the people rity we feel here, most people in the own policies from those of the past, the who are not looking for work, and Federal Government and certainly in- administration has gone way too far. sometimes the numbers do not make dividual Members of the Senate do not The reaction to the attempted Christ- sense. have to worry about health care. They mas Day bombing offered conclusive What it means in real terms, in nu- have it. They do not have to worry proof. Hoping that terrorists are in- merical terms, I should say, real peo- about a paycheck. They are getting competent is not enough to defeat ple, it means that in Pennsylvania, that. them; and showing more concern about there are well more than half a million But even in those secure cir- their Miranda rights than the right of people out of work. I cannot even imag- cumstances, we have to do everything Americans to be safe suggests a funda- ine what those numbers look like pro- we can to understand what real people mental and dangerous shift in the pri- portionally, when you have States are up against, what they are up orities since 9/11. where the unemployment rate is 10 per- against every day when they wake up The good news is this: The adminis- cent, 11 percent, 12 percent, and even in the morning. Even if they have a tration is doing the right thing in Af- higher in some States. job, sometimes the costs that are im- ghanistan. If it recognizes some of its So it is bad enough in a State such as pacting their budget, the costs of pay- errors in the broader fight, there is ours when you have 8.9 percent, what ing for health care, the costs of higher good reason to hope historians will that translates into in terms of real education, the costs just to make ends look back on 2010 as the turning point life, real families, and the horrific im- meet in their daily lives have never not only in our fight with the Taliban pact of this recession. I cite that num- been more tested, never been more of a but also as the year in which America ber, several of those numbers for a very severe challenge. achieved a balance in the war against basic reason. A lot of folks around here So part of it is enacting job creation al-Qaida. are looking for messages from the re- strategies, but that is not enough. Part Soon we will have an opportunity to cent election in Massachusetts or they of it is also speaking directly to the make a good first step in the direction are looking for messages from the elec- needs and the concerns and the anxiety of bipartisan balance. Once the Con- tion of this past November. and the sense of insecurity a lot of gress receives the war funding request I do not think you need to go very far Americans feel. That is our No. 1 obli- from the Defense Department and the or do a lot of election analysis to know gation.

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.070 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S113 I think, in addition to that, we of the things we have to do is push the and friends around the world who lost should pass health care legislation. We recovery bill aggressively to make sure loved ones in this tragedy. I also want do not know how that will happen in those investments, whether they are to send my condolences to our brave light of the new political realities here recovery, getting our economy out of men and women in the U.S. Embassy in Washington. But I think we need to the ditch, so to speak, and moving who also have lost loved ones, but who do that as well. down the road or whether they are ex- are continuing to help the people of But no matter what happened in the penditures that relate to reinvestment, Haiti and Americans in Haiti in the elections, no matter what happens on reinvestment in people skills, reinvest- midst of this natural disaster. These the issue of health care, job creation ment in their opportunities to have individuals represent the very best of has to be the No. 1 priority, second to higher education, reinvestment or in- what America encompasses. none, in terms of the work we do here vestment, in some cases, in people’s I am proud that as soon as this earth- in Washington. ability to recover from this recession, quake struck our southern neighbor, I ask unanimous consent to have unemployment insurance, COBRA the U.S. Government as well as the printed in the RECORD this very brief health insurance extensions, food American people galvanized their re- wire service story about the unemploy- stamps. All those are critically impor- sources to ensure that resources were ment situation in Pennsylvania. tant to our recovery. delivered for people who have lost ev- There being no objection, the mate- For those who say: Well, I do not like erything. rial was ordered to be printed in the when we spend money on unemploy- Today, I come to the floor to speak RECORD, as follows: ment insurance or food stamps—we get about a specific population that has that criticism from folks once in a PA JOBLESS RATE UP, JOBS AT MOST SCARCE been and will continue to be affected IN DECADE while—they should understand there is by this disaster, the most vulnerable no comparison, at least according to [From the Associated Press, Jan. 2010] population of all, Haitian orphans. Be- the economist Mark Zandi, there is no fore the earthquake, these children HARRISBURG, PA. (AP)—A new report says comparison between tax cuts for jobs in Pennsylvania were—harder to find in were looking for families, for people to December than they have been in more than wealthy folks versus unemployment in- love them and for people to love. This a decade. surance, food stamps, and other strate- quest has not changed; however, their The state Department of Labor and Indus- gies in terms of their positive impact tenuous situation in life only further try said Thursday that statewide unemploy- on the economy. deteriorated after the earthquake. ment jumped to 8.9 percent last month. By one measurement that Mark While I know that everyone has suf- The October rate also was 8.9 percent, the Zandi pointed to, bang for the buck, if fered so much, these children are with- highest level in 25 years, before dipping to 8.5 you spend a buck on unemployment in- out the natural protection that parents percent in November. surance or spend a buck on food The department says employers eliminated provide. Therefore, it is our duty to be stamps, you get a return above $1.50, their voice and to make sure that if about 8,100 jobs in December, leaving Penn- you get as high as $1.60 to $1.70 in re- sylvania with fewer than 5.6 million jobs— they survived the earthquake that they the lowest level since September 1999. turn. You cannot say that, according also survive this critical period of time The state’s unemployment rate is below to his analysis, with regard to some of while resources are trying to be deliv- the national average of 10 percent. Among the tax cut policies we have seen here. ered and a sense or order is trying to be So investments in vulnerable Ameri- the 10 most populous states, only Texas’ rate restored. is lower. cans who are trying to recover from This weekend several of my constitu- Mr. CASEY. Let me conclude this the recession—food stamps and unem- ents have contacted me about their part of my remarks by speaking for a ployment insurance being the two best concern for this most vulnerable popu- couple minutes about what we have examples—those investments actually lation. One constituent wrote: have a return to the taxpayer as well. done in this past year: The Recovery Senator Casey: and Reinvestment Act, known by—as So what do we need to do? We have to I am writing on behalf of our friends, Mi- many things are here—the acronym focus on job creation. When we focus chael and Monica Simonsen who have been AARA, the American Recovery and Re- on that legislation, it should have a in the process of adopting their son, Stanley investment Act. Those two words in couple component parts or elements. Hermane (DOB: 4/9/2008), from Haiti since Au- the middle are very important, the First of all, stabilizing that safety net gust 2008. Stanley was brought to Petit Anges de Chantal orphanage when he was word ‘‘recovery’’ and the word ‘‘rein- for vulnerable Americans which I just spoke of. Secondly, supporting small only two months old. He was severely mal- vestment’’ because that is the intended nourished and covered in scabies. They have effect of that legislation. It was the business in a very direct and targeted way. Investing and investing more in visited him in Haiti three times, each time right legislation—not perfect but the bringing supplies and donations to the or- infrastructure, including broadband in- right legislation—at the right time at phanage. The resources are scarce under nor- frastructure, which is another kind of the beginning or the early months of mal circumstances and with the current cri- knowledge infrastructure and, finally, 2009. sis, there is a genuine concern that the chil- building a clean energy economy. If we But there are a lot of Americans who dren will not survive. continue to do that, we will create I am writing to request that you support believe it is not being implemented jobs, we will keep our environment initiatives created to help expedite the adop- fast enough. The jump-starting effect clean, we will reduce our dependance tion process for children who already have of the spending, whether it is on infra- on foreign oil and literally make us completely committed U.S. approved fami- structure or energy efficiency or in- lies waiting at home. Expediting the process more secure from a national security vestments in education, investments in will not only secure their safety but will free standpoint. health care, tax cuts for 95 percent of up already scarce resources for children or- I think a major part of job creation, phaned by this disaster. the American people, which was in the in the short term, has to be a job cre- Senator Casey: recovery bill, that all of that is not ation tax credit. After years of personal investment there, moving fast enough. Jamie and Ali McMutrie, of Pittsburgh, f So one of the jobs we have, in addi- Pennsylvania, have brought 30 children al- tion to new strategies on job creation, HAITIAN ORPHANS most through the entire adoption process to is to implement, at a faster pace, at a Mr. CASEY. Mr. President, over the anxiously waiting families here in America. faster rate, the recovery bill. I also be- Almost. past week, we have witnessed the im- The recent earthquake of January 12th has lieve we should remind ourselves that mense destruction that the earthquake destroyed their orphanage leaving Jamie and the recovery bill was not a 10-month in Haiti and its subsequent aftershocks Ali to sleep outside on the lawn with all bill. We are in about the 10th month have wrought on the Haitian people. their children. With food and water in short right now. Old and young, rich and poor, weak and supply and rioters all around, the clock is But the spending that will create the strong, no matter who you are, this ticking for you to do something. jump-start of a positive economic ef- earthquake has brought heartache and I am happy to report that Jamie and fect is supposed to take place over 2 sadness to numerous lives. Ali McMutrie, who help run the and 3 years, depending on the program, First, I want to send my condolences BRESMA orphanage in Haiti, were able depending upon the initiative. So one to the people of Haiti and their family to evacuate 53 of their orphans and

VerDate Nov 24 2008 04:03 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.072 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S114 CONGRESSIONAL RECORD — SENATE January 21, 2010 united them with their American adop- trying to ensure the safety of these or- more and more children will continue tive parents earlier this week. How- phans and all those affected in Haiti. to show up at the American Embassy. ever, Jamie and Ali were not able to ‘‘Though he brings grief, he will show It is vitally important that happen. bring back all 150 children at their or- compassion, so great is his unfailing I commend the work of our govern- phanage home. Many people across the love.’’ Lamentations 3:32. In this time ment at various levels in terms of what nation like Michael and Monica of darkness, I believe that Haiti can they have been doing to respond to the Simonsen are still waiting to know emerge in a better place. And I am challenge posed by these orphans and that their child is safe and many or- grateful that our country will be a their circumstances. I know in our phans like Jamie and Ali’s orphans friend with Haiti in this endeavor. home State of Pennsylvania, Governor who remain in Haiti still need food, Similar to a lot of Americans, I am Rendell and Congressman ALTMIRE clean water and a safe place to stay not surprised but heartened and proud worked very hard to bring some of until they can complete an adoption by the response of the American peo- these children back to Pennsylvania. I process. ple, a tremendous outpouring of gen- commend them for the effort they put This Monday, the Department of erosity. People in America from all forth. For all these reasons, there is Homeland Security announced that walks of life recognized immediately plenty of evidence to show that the they would use their authority to ex- that the people of Haiti, in the depths American people understand that these tend humanitarian parole to Haitian of an incalculable, an indescribable individuals, these families, and espe- orphans already in the adoptive process horror and tragedy, in the depths of cially these children are God’s chil- with an American family. I commend that, the American people showed their dren. We have to be cognizant of that generosity, they showed that they un- the Department of Homeland Security as we go forward with sound policies in derstand that our Haitian brothers and and the State Department’s Office of the days ahead. sisters are just that, they are part of Children’s Issues for making this pol- I yield the floor. the family, the human family, and they icy decision and I fully support their The PRESIDING OFFICER. The Sen- are our brothers and sisters. desire to assure that the best interests ator from North Dakota. The most vulnerable member of that Mr. DORGAN. Mr. President, first let of these orphans are put first. family, in most instances—maybe not me say to my colleague, Senator However, I am very concerned that in every instance in every family but when the Department of Homeland Se- CASEY, his comments about the nearly most of the time—will be a child. We unspeakable tragedy that has occurred curity announced its decision to pro- are seeing unforgettable imagery and in Haiti strike all of us in a very poign- vide humanitarian parole, there was no video of young children being rescued ant way. I have been to Haiti. It is one plan at that time to ensure a safe and in Haiti, surviving for days at a time in of the poorest regions in the world. We orderly process by which eligible or- the rubble and the horror they have have people in Haiti living in unbeliev- phans could be processed and evacu- been living through. Thank goodness so able poverty. Fly to the airport and ated. many people have invested in ways to near the airport is an area called City I continue to hear reports that or- save those children. phanage directors in Haiti are going to Soleil. It is a slum of nearly a half mil- But what we still have to do a better lion people living in desperate condi- the U.S. Embassy and while some are job on is making sure that if a Haitian tions. The entire country of Haiti has being admitted others are being turned child is in the adoption process, is in suffered such immense difficulties for away. Some of these orphanages are the pathway, so to speak, to being so long. The people of Haiti are won- more than 125 miles away. I am con- adopted, we have to do everything pos- derful people. To be visited now by this cerned for the safety of the 600–700 or- sible, in addition to the obvious safe- great tragedy with an unbelievable loss phans that this announcement affects. guarding, to provide that child with se- of life that will exceed 200,000 people is They may be harmed trying to get to curity, physical security and food and heartbreaking to me, and I know to all the embassy, and if they are okay on water and medicine and medical treat- Americans who watch this tragedy that journey and even succeed in ob- ment and, in addition to that, that we play out on television as volunteers are tain travel documents, they may be provide, as expeditiously as possible, a digging through rubble and, in some harmed when they are told to wait process for their adoption and ways to cases, finding people still alive and, in back at the orphanage until a plane is make it possible for them to be adopt- most other cases, finding a lot of peo- available. I am also hearing from ed, that the adaptive parent or guard- ple who have lost their lives. American families so desperate to en- ian can have that assurance but also so The American people are a people sure their child is safe that they are that child can be well on the way to full of great generosity, and that ex- trying to make their way to Haiti. We being adopted. pression of generosity in the form of don’t need more chaos in an already We do not quite have that yet in contributions to organizations that are chaotic situation. terms of what the Federal Government there helping these people is something I along with some of my colleagues can do and should do. I had a call late that is very important. All of us can be have called on the State Department this afternoon with Secretary of State proud of the generosity of this country and USAID to set up safe havens for or- Clinton, who should be commended for and what is now happening in the out- phans, which will provide food, water her work, in a broad way, with regard pouring of support. and protection for all orphans as well to the response to the tragedy in Haiti f as time to ensure that those orphans but, in particular, her concern and her who are eligible for humanitarian pa- actions that she has taken to make CHAIRMAN BERNANKE role are processed and evacuated in a sure these young children are taken Mr. DORGAN. Mr. President, I rise to timely manner. This is just one idea; care of. I will not go into all the details briefly explain why I am going to vote however, in the absence of an alter- now, but let me cite in summary fash- against the nomination of Mr. Ben native plan, more and more children ion that a number of my colleagues in Bernanke as Chairman of the Federal will continue to show up at the Embas- the Senate and I have called upon the Reserve Board. Mr. Bernanke has been sy’s gate. State Department and USAID to set up serving as Chairman of the Federal Re- Therefore, I ask the administration safe havens which will provide food, serve Board. I will be the first to say I to implement a plan to ensure that water, and protection for all orphans, think there are things that Mr. these 600–700 orphans are safely and ef- as well as time to ensure that these or- Bernanke has done that are very im- ficiently processed and evacuated to be phans in Haiti who are eligible for portant to this country. He steered our united with their awaiting adoptive what is called humanitarian parole— country in a very difficult cir- parents, and that we work with the those who are on the way to being cumstance. There was a time when our international community and other adopted through the process—that economy could have completely col- NGOs on the ground to ensure the safe- those who are eligible for that process, lapsed, which would have been dev- ty of all orphans until they can be humanitarian parole, are indeed evacu- astating. It was teetering on the preci- placed in loving homes. Again, I thank ated and processed in a timely manner. pice of that. Mr. Bernanke and others the U.S. governmental officials who This is just one idea, one way to help. made decisions, some of which I have been working around the clock In the absence of an alternative plan, thought were good decisions.

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JA6.038 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S115 It is the case that Mr. Bernanke erly withheld agency records.’’ The capability to decide it will change the worked for the previous administration judge said that the Fed’s argument rules on everything, open a direct lend- that in many ways created cir- that borrowers would be hurt if their ing window and give it to the biggest cumstances that took us to that cliff names were released was ‘‘conjecture investment houses in the country, and or near the cliff with economic poli- without evidence of imminent harm.’’ they don’t intend to ever tell any of us cies. I will talk about that for a mo- But the Fed went ahead to appeal the what they did or why or how; they ment. But when Mr. Bernanke became judge’s ruling and, therefore, it has don’t intend to disclose any of it, that Chairman of the Fed, I understood that been stayed. is not what I call open government. his background fit fairly well what we The American people are now in a That is not something that is written were going through, and I think he did situation where their Federal Reserve in the Constitution. It is not some- some things that should be commended Board said for the first time in history: thing that this Congress should tol- and supported. I have told him that I We will give the biggest investment erate. supported a number of these actions banking institutions direct access to This Congress should say to Mr. that were very important. loan money from the Federal Reserve Bernanke: Your nomination is here in One of those actions was to open, for Board, and we don’t intend to tell any- front of the Senate. We will act on it as the first time in history, the window at body who got it, how much they got, or soon as you provide the information the Federal Reserve Board to extend what the concessions or prices were. Senators have requested of you—by the credit directly from the Federal Re- We don’t intend to give anybody that way, the information that a Federal serve Board to the biggest investment information. judge has already ordered that you dis- banks in the country. It has always I find that completely untenable. I close. As soon as you comply with that, been the case that FDIC-insured banks, just am not going to vote for the nomi- then your nomination shall have a vote commercial banks, would have a win- nation of a Chairman of the Federal in the Senate. dow at the Fed to go get direct loans Reserve Board who says to Congress I wanted to explain in more detail from the Fed, but it has never been the and the American people: Yes, we my response to people who had asked case that the investment banks were opened that window. We decided to do me what I was going to do on the nomi- able to do that. During this great cri- direct lending to the biggest invest- nation. That gives adequate expla- sis, Fed Chairman Bernanke and the ment banks, which, by the way, steered nation. Board of Governors opened that win- this country right into a huge wreck. I also wanted to comment briefly dow for direct lending from the Federal Take a look at what and who caused that the President today said some- Reserve Board to the investment this financial wreck that cost this thing quite extraordinary, and I want banks. economy $15 trillion in wealth. Amer- to compliment him for it. I know he is I wasn’t critical at that moment. I ican families had lost $15 trillion in walking into a thicket of trouble be- didn’t come to the floor and express wealth. cause a whole lot of big interests are criticism. I don’t know exactly what The Federal Government had either going to gang up on these proposals. they saw that persuaded them to do spent or lent or committed $12 trillion Let me tell you the two proposals the that. But some months later, I sent, to bail out particularly Wall Street and President offered that make a lot of along with nine of my colleagues who the biggest firms on Wall Street. All of sense. signed the letter, a letter, dated July those biggest firms on Wall Street, I No. 1, he said big financial institu- 31, to Chairman Bernanke and said: believe, and even those that are now tions that are too big to fail are too The Federal Reserve Board took action the healthiest firms that are experi- big. That is pretty simple. If they are to allow all of the major investment encing record profits and are preparing too big to fail, they are just flat out banks in the United States to effec- to pay out record bonuses of some- too big. We ought to stop this con- tively access direct lending from the where around $120 to $140 billion, those centration because too big to fail Federal Reserve Board for the first firms would not have survived. They means no-fault capitalism. If they run time in history. would have gone under were it not for Down in the letter I say: We now urge the help of the American people themselves into trouble, the taxpayer you to release the names of financial through their government. picks up the tab. The taxpayer bails institutions that have received the The question for the Federal Reserve them out. That is what too big to fail emergency assistance and how much Board from the Congress and the Amer- means. each has received. The American tax- ican people is: What did you do? How The President says no more. Let’s payers’ funds were put at risk, and we much did you do? What was the collat- get rid of that too-big-to-fail tag and believe the American people deserve in- eral? Under what conditions? We need let’s decide that if they are that big, formation about the Federal Reserve to know. let’s stop this concentration. Board’s bailout activities to determine The Chairman of the Fed said he sup- The President also has indicated that how much and what kind of funds were ports transparency. If that is the case, we ought to have financial institutions used, and so on. show us a little transparency. How is it that are not trading in derivatives on We received a letter back from the that someone can possibly argue that their own proprietary accounts. I wrote Chairman of the Fed in which he said: telling us now that they gave $200 bil- a piece in 1994, 15 years ago, that was Publicly releasing the information on lion here or $1 trillion there to firms the cover story for Washington Month- the names of borrowers and amounts that are now showing record profits ly magazine. The piece I wrote was borrowed under the Federal Reserve and preparing to pay the biggest bo- ‘‘Very Risky Business.’’ I believe at the Board liquidity program could seri- nuses, how can that possibly injure time there was $16 trillion of notional ously undermine our liquidity pro- those firms? In fact, many of them value of derivatives in our country. I grams. He essentially said: I don’t in- have apparently paid the TARP funds said what is happening is outrageous. tend to tell you, and I don’t intend to back, let alone the direct loans from We have taxpayer-insured banking in- tell the Congress or the American peo- the Federal Reserve Board. stitutions that are trading on deriva- ple. My only point is simple. I don’t have tives in their own proprietary ac- It is interesting to me that a Federal a beef against Ben Bernanke person- counts, putting taxpayer money at judge last year ordered the Fed to re- ally. I kind of like him. I met him a risk. It is flat out gambling. I said they lease the names of the institutions number of times. I think he steered us may just as well have a craps table or that received the emergency financial through some tough times and prob- a Keno table in their lobby. Oh, they assistance from the Federal Reserve ably made some good decisions at the can still call it a bank, but it is a ca- Board and the amount of the assist- right time. I also have some differences sino. ance. A Federal judge said to the Fed: with him on economic policy and mon- Fifteen years ago, I wrote that arti- You must release that information to etary policy. But I have a very big dif- cle. The fact is, we have gone through the American people. The judge in this ference on this question. This question this unbelievable collapse of the econ- case, which was an FOIA case, found is controlling for me. If the Federal Re- omy—$15 trillion of wealth lost by the that the Federal Reserve had ‘‘improp- serve Board believes it has unlimited American people—and we still have

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.077 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S116 CONGRESSIONAL RECORD — SENATE January 21, 2010 these institutions trading on propri- going to provide a big fight around take deposits and make loans and do etary accounts. The President says it here. But it is not a secret, perhaps— underwriting in between, looking in ought to stop. I agree with him. given my history and what I have said somebody’s eyes to say: You want a The President also says we ought to in opposing the kinds of things that loan? What is it for? Let me evaluate separate, as Paul Volcker suggests, the were done 10 years ago that set us up that. Can you repay this loan? That is FDIC-insured commercial banking in- for this fall—it is not surprising that I underwriting. That is the way it works. stitutions from the investment banks fully intend to support the President’s The Presiding Officer, I know, ran a over here. They were put back to- effort. I think it is critically important bank and understands that. gether. I said on the floor of this Sen- to get our financial system reformed We need a good financial system. You ate 10 years ago—five, six, eight and done right. even need investment banks. I know times—and gave long speeches pre- Then, it is important to do one other one of my colleagues once said: Invest- dicting that if you do this, if you fuse thing; and that is have regulators who ment banking is to productive enter- together commercial banks and invest- do not brag about being willfully blind. prise like mud wrestling is to the per- ment banks, you are headed for trou- We had a bunch of folks in here for a forming arts. Well, that was tongue in ble. I said on this floor: Within a dec- bunch of the last decade who said: Do cheek. But we need investment banks ade I think you are going to see mas- you know what? We have decided to to take the riskier investments out sive taxpayer bailouts. People have take this important government job— there. But our investment banking sys- asked me: How did you find the crystal in any number of these regulatory tem went completely off the map. We ball? I just guessed. But I worried that areas—and we are proud to say we are need good commercial banks that are if you put this together, this is a bar- probusiness. What does that mean? We capitalized. We need investment banks. gain for trouble, this is asking for trou- are proud to say we are at the SEC, we All of that is important. We need to get ble. Ten years later, we have seen this are at this agency or that agency, and it right. I do not mean to denigrate all unbelievable collapse. you all do whatever you want. We finance because finance is very impor- The President is right; and it takes won’t look. We won’t watch. tant in this system to help this free en- courage for him to say it—let’s decide In fact, some of them were so incom- terprise system work, to help people to separate investment banking from petent that even when people—whistle- who want to start businesses and hire commercial banking. Paul Volcker has blowers—came and said: Bernie Madoff people. That is very important for our talked a lot about that, and he is right is running a Ponzi scheme, even when country. about it. So I know what is happening. somebody told them what was going So we will have that debate in a I just saw, in CongressDailyPM: on, they did not have the guts or the longer fashion in the weeks ahead. ‘‘Banks Kick Off Effort Against time or the intelligence to investigate Mr. President, I yield the floor and I Volcker Rule.’’ ‘‘A furious lobbying ef- it. suggest the absence of a quorum. fort among large banks was set off But being willfully blind ought not The PRESIDING OFFICER. The today by President Obama’s announce- be something to boast about anymore. clerk will call the roll. ment that he will push a rule forcing Going forward, we want effective regu- The assistant legislative clerk pro- them to choose between being a com- lation. Regulation is not a four-letter ceeded to call the roll. mercial institution or an investment word. The lack of regulation caused Mr. DORGAN. Mr. President, I ask bank that focuses primarily on trading this crash in many ways and cost tril- unanimous consent that the order for for its own profits.’’ The President lions of dollars to American families. the quorum call be rescinded. dubbed this plan the ‘‘Volcker Rule.’’ The PRESIDING OFFICER. Without I met with Paul Volcker in my office I am not suggesting overregulation. I am saying when you have certain areas objection, it is so ordered. recently. I have talked with him at f some length about this. Paul Volcker that are regulatory in this govern- is dead right, and so is the President. ment, to make sure the free market MORNING BUSINESS This is going to provoke an unbeliev- system works, and works well, when Mr. DORGAN. Mr. President, I ask able battle here. I understand that. people commit fouls in the free market unanimous consent that the Senate There is a lot at stake. The big inter- system in this area of competition, you proceed to a period of morning busi- ests—they want to keep doing what need to have somebody there with a ness, with Senators permitted to speak they are doing. The big investment whistle and a striped shirt to blow the for up to 10 minutes each. banks, at the moment—you take a look whistle and say: That’s a foul. If you do The PRESIDING OFFICER. Without at their balance sheet. They are not, by not have that, the system does not objection, it is so ordered. work and the system gets completely and large, loaning money to the inter- f ests in this country that desperately haywire. That is what happened in the CITIZENS UNITED V. FEC need it. They are trading on propri- last decade. That is not a technical etary accounts and making a lot of term, that haywire issue. But we have Mr. KAUFMAN. Mr. President, I wish money trading. The fact is, if they are the right and the opportunity to get to discuss today’s regrettable Supreme still too big to fail—and they are—that this right now, and I say to the Presi- Court decision in Citizens United v. the is called no-fault capitalism, and it is dent, good for you. This proposal is the Federal Election Commission. our risk, not theirs. right proposal. Despite nearly 100 years of statutes None of them would be around any- Then, let’s see, in the weeks ahead and precedent that establish the au- more had the U.S. Government not and the months ahead: Whose side are thority of Congress to limit the cor- stepped in to provide a safety net. Now you on? I say to those in public service rupting influence of corporate money they are telling us: Well, these changes on these issues: Whose side are you on? in Federal elections, the Court today the President and others suggest, they Are you on the side of the big invest- ruled that corporations are absolutely are radical changes. No, they are not. ment bankers who helped steer us into free to spend shareholder money with They are changes that go back to the the ditch that involved substantial wa- the intent to promote the election or future in many ways. They are changes gering and gambling here, and then we defeat of a candidate for political of- that go back to a period—1999—before a pick up the tab because it is no-fault fice. piece of legislation that was passed by capitalism on too-big-to-fail issues? Or What makes today’s decision particu- the Congress to decide: Let’s put to- are you going to stand up for the larly galling is that it is at odds with gether these big old holding companies American people here and decide you the testimony of the most recently and put everything into one. One-stop have to put this back in place the right confirmed members of the Court’s ma- financial shopping, they said. Compete way? I hope we will have enough sup- jority, who during their confirmation with the Europeans. We will put up port to follow the President’s lead on hearings claimed to have a deep re- firewalls. It turned out they were made this issue. spect for existing precedent. Although of tissue paper and the whole thing col- Let me just make one final comment. claims of ‘‘judicial activism’’ are often lapsed. I understand the need for a financial lobbed, as if by rote, at judicial nomi- I just say I think the President has system that works. I admire bankers nees of Democratic Presidents, includ- made the right call. It is gutsy. It is who do banking the old-fashioned way: ing Justice Sotomayor, this case is just

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.079 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S117 one in a long line of disturbing cases in States’ rights and contracted anti- issuing the broadest possible reading, which purportedly ‘‘conservative’’ jus- discrimination rights. It was activist the majority opinion admits of no dif- tices have felt free to disregard settled both because it struck down the con- ferences between Citizens United and law on a broad range of issues—equal sidered judgment of Congress and be- General Motors. pay, antitrust, age discrimination, cor- cause it was based not at all on the Even if we accept that purpose-built porate liability, and now the cor- text of the Constitution but instead on political advocacy corporations have a rupting influence of corporate cam- the policy preferences of five Justices. right to direct resources to influence paign expenditures—all in ways that In his dissent in Kimel, Justice Ste- elections, how do we apply this to larg- favor corporate interests over the vens said: er corporations that exist to make a rights of American citizens. The kind of judicial activism manifested in profit? Who determines what can- The majority opinion in Citizens such cases represents such a radical depar- didates General Motors supports or op- United should put the nail in the coffin ture from the proper role of this Court that poses? Is it the board of directors? The of claims that ‘‘judicial activism’’ is a it should be opposed whenever the oppor- CEO or other officers? Employees? All sin committed by judges of only one tunity arises. of these groups and individuals serve political stripe. Indeed, as I have said With the addition of Chief Justice the corporation for the benefit of the before, charges of judicial activism, John Roberts, Jr., and Justice Samuel shareholders. Even so, how are we to while persistent, are almost always Alito, Jr., the conservative majority of determine what speech the share- unhelpful. the current Court has continued to be holders favor? And do we care if the What is especially unhelpful about highly activist. shareholders are U.S. citizens or citi- calling someone a judicial activist is In Leegin v. PSKS, the Court dis- zens of an economic, political, or mili- that many times it is an empty epi- carded 96 years of precedent in ruling tary rival to the United States? thet, divorced from a real assessment that manufacturers may fix the prices These are questions left unresolved of judicial temperament. that retailers charge. It elevated big by today’s reckless, immodest, and ac- As conservative jurist Frank manufacturers’ interests over those of tivist opinion. As we move forward, my Easterbrook puts it, the charge is the consumer based not on any change colleagues in Congress and I will do our empty: in facts or circumstances but, rather, best to answer them. Boardroom execu- tives must not be permitted to raid the Everyone wants to appropriate and apply based on the Court’s embrace of a par- the word so that his favored approach is ticular economic theory. corporate coffers to promote personal sound and its opposite ‘activist.’ Then ‘activ- Then there is Parents Involved in political beliefs or to curry personal ism’ just means Judges Behaving Badly—and Community Schools v. Seattle School favor with elected politicians. We must each person fills in a different definition of District No. 1, in which the Court re- ensure that the corporation speaks ‘badly’. jected local community authority in with the voice of its shareholders, and In other words, the term ‘‘activist,’’ the area of voluntary integration of we must ensure that those who would when applied to the decisions of a Su- public schools. Chief Justice Roberts’ utilize the corporate form to magnify preme Court nominee, is generally plurality opinion for the four-person their political influence do not do so nothing more than politically charged conservative bloc gave scant respect to for improper personal gain or to impose shorthand for decisions that the ac- a long line of desegregation precedents the will of a foreign power on American cuser disagrees with. that afforded local communities discre- citizens. I don’t mean to say that the term tion in this arena. Remember that this Today’s decision does far more than ‘‘judicial activism’’ is necessarily with- is the same Justice who, during his ignore precedent, make bad law, and out content. Indeed, legal academics confirmation hearing, repeatedly pro- leave vexing unanswered questions. As and political scientists are hard at fessed his allegiance to stare decisis. If noted by Justice Stevens in his dissent, work trying to shape a set of common not for the opinion concurring in the the ‘‘Court’s ruling threatens to under- definitions. If we want to take the judgment by Justice Anthony Ken- mine the integrity of elected institu- term seriously, it might mean a failure nedy, communities that want some tions across the nation. The path it has to defer to the elected branches of gov- modest measure of racial integration taken to reach its outcome will, I fear, ernment, it might mean disregard for in their schools would be virtually do damage to this institution.’’ long-established precedent, or it might powerless to act. I share Justice Stevens’ fear. I am mean deciding cases based on personal That brings us back to Citizens particularly concerned that the deci- policy preferences rather than ‘‘the United. In reviewing what is wrong sion will erode the public’s confidence law.’’ with the Court’s opinion in this case, it in its government at precisely the time I think it is fair to say that, based on is hard to know where to begin. As when so many challenges—climate any of these definitions, the Supreme with the cases listed above, the Court change, financial regulatory reform, Court’s current conservative majority went out of its way to overturn settled health care, immigration reform, and has been highly ‘‘activist.’’ precedent. As Justice Stevens said in the need to stimulate job creation—all Let me give just a few examples. In his dissent, ‘‘The final principle of judi- call for bold congressional action. Our U.S. v. Morrison, decided in 2000, the cial process that the majority violates ability to meet our Nation’s pressing Rehnquist Court struck down a key is the most transparent: stare decisis.’’ needs depends on our ability to earn provision of the Violence Against Beyond ignoring precedent, the Court and maintain the public’s trust. Women Act. Congress held extensive could have decided this case on far nar- Earning that trust will be all the hearings, made explicit findings and rower grounds. Citizens United is a more difficult in a world in which undi- voted, 95 to 4, in favor of the bill. An not-for-profit firm that exists to facili- luted corporate money is allowed to activist Court chose to ignore all that tate political advocacy. Those who con- drown out the voices of individual citi- and substitute its own constricted view tribute to that firm do so with full zens and corrupt the political process. of the proper role of the national gov- knowledge of the political ideas and f ernment for that shared by both Con- candidates that the group is likely to ADDITIONAL STATEMENTS gress and the States. support. As a result, when that group That same year, the Court decided speaks it much more closely resembles Kimel v. Florida Board of Regents. The an act of collective speech by its bene- TRIBUTE TO JIM BLASINGAME five-Justice majority concluded that factors than the independent political ∑ Mr. BEGICH. Mr. President, I con- private citizens could not sue States views of a fictional corporate ‘‘person.’’ gratulate a hard-working Alaskan, Mr. for age discrimination without their During the Supreme Court hearing on Jim Blasingame, on his well-deserved consent because of a general principle this case, the attorney for Citizens retirement after many years of dedi- of sovereign immunity. This is another United recognized this distinction and cated service to the Alaska Railroad decision that was, simultaneously, con- admitted that its arguments ‘‘defi- Corporation, AKRR. servative in terms of policy outcome nitely would not be the same’’ if his Thirty-five years ago, Mr. and activist in terms of judging. It was client were a large for-profit enter- Blasingame commenced his employ- conservative because it expanded prise, such as General Motors. But by ment with the AKRR. Since then, he

VerDate Nov 24 2008 04:03 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.056 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S118 CONGRESSIONAL RECORD — SENATE January 21, 2010 has proven to be an exceptional mem- Perhaps his most significant career paring to help him celebrate his 100th ber of the AKRR family. One of his accomplishment was his work with birthday. I wish him well on that day, greatest accomplishments was the piv- Alaska tribes. Much of his legal career and congratulate him on a century well otal role he performed in assisting with has been spent on Alaska Native social lived.∑ the transference of the AKRR from and justice causes. f Federal to State ownership. This great- In 1967, he was legal counsel to the ly assisted in the development of the State-sponsored Alaska Land Claims RECOGNIZING APPLIED THERMAL AKRR into an award winning, world Task Force. Among task force’s finding SCIENCES class, State-owned corporation. His was a recommendation that legislation ∑ Ms. SNOWE. Mr. President, as our work has helped the AKRR safely oper- be introduced in Congress that would country seeks a sustained recovery, we ate and successfully contribute to the convey land to Native villages, pay a will be looking to innovative small economic development of Alaska. monetary settlement, form corpora- businesses to jumpstart the Nation’s During his time with the AKRR, Mr. tions organized by villages and regions economy. My home State of Maine is Blasingame was a mentor to his fellow and form a statewide corporation. Sub- home to hundreds of such firms that railroaders and his leadership abilities sequently, a bill was introduced in 1968 display the stellar ingenuity and cre- resonated through the depots and rail by Alaska Senator Ernest Gruening ativity of the American people. Today yards. Outside work, Mr. Blasingame is and Mr. Jackson testified before con- I recognize one of these businesses, Ap- a dedicated member of his community. gressional committee hearings plied Thermal Sciences of Sanford, He volunteers his time on behalf of sev- throughout the year. which has been at the cutting edge of eral nonprofit organizations and in var- In the time leading to the passage of engineering for over two decades. ious civic board memberships. the Alaska Native Claims Settlement Founded as a sole-proprietorship in The Alaska Railroad is a truly Act, ANCSA, in 1971, funding for attor- 1989, Applied Thermal Sciences, or unique element of Alaska. For many neys grew short. Recognizing the mon- ATS, is rooted in the promotion of Alaskans, the AKRR signifies a great umental importance of the matter, Mr. thermal, structural and fluid sciences. source of pride. Running from Seward Jackson took upon himself to work pro Specifically, ATS, which was later in- north to Fairbanks, the Alaska Rail- bono at great personal hardship to corporated in 1998, focuses on the re- road offers some of the most majestic himself and his family. This deed typi- search and development of fuel-effi- views in America. Without Mr. fies Barry’s degree of dedication to a cient engines and propulsion systems. Blasingame’s commitment and enthu- worthy cause. The company’s high-skilled and dili- siasm towards developing the AKRR, Many have judged the ideas in the gent employees regularly work on a this landmark of Alaskan culture 1968 bill to be the foundation for number of contracts for both govern- would not be so today. ANCSA. In the book ‘‘Take My Land, ment and industry, and their solutions On behalf of Alaskans, I thank Mr. Take My Life’’ published in 2001, Mr. are often recognized as Blasingame for his many years of dedi- Jackson was credited as being the first groundbreaking. They fabricate proto- cation and service to Alaska. Mr. person who considered the concept of types in-house for testing, using com- President, I congratulate Mr. corporations for Alaska Native tribes. puter modeling and simulations to en- Blasingame and wish him the best of Mr. Jackson is a tireless worker who sure that these archetypes are of the luck in retirement.∑ still engages in his part-time private highest quality. f law practice. I wish Mr. Jackson a The research facilities at ATS house TRIBUTE TO BARRY W. JACKSON happy birthday, thank him for his mili- critical engineering workstations, high-tech supercomputers, various ana- ∑ Mr. BEGICH. Mr. President, on the tary and legislative service and ap- lytical tools, and significant experi- occasion of his 80th birthday, January plaud him as one of the quiet, selfless 27, I recognize the life achievements of contributors to the settlement of Alas- mental lab space. Additionally, the a resident of Fairbanks, AK, Mr. Barry ka Native land claims.∑ fabrication facilities include a machine W. Jackson. f shop and laser welding equipment, giv- ing them a leg up when competing for As a young man, Mr. Jackson served TRIBUTE TO RAYMAN DODSON in the Marine Corps during World War contracts and customers. ∑ II and later retired as major. While Mr. LEVIN. Mr. President, I speak ATS employs a unique system that still working on his law degree from today in tribute to one of the citizens combines laser welding with a gas- Stanford University in 1957, he trav- of my own hometown of Detroit, one of metal arc weld, thereby enabling cus- elled to Alaska and obtained a clerk- the thousands of decent, hard-working, tomers to manufacture products with ship with a territorial judge. community-minded Detroiters who improved metallurgical properties at After being admitted to the Alaska make me so proud to call the city my higher speeds and with greater reli- bar in 1959, he was hired as the city at- home. ability and repeatability than typi- torney for Fairbanks and later opened You will not find Rayman Dodson in cally possible. Utilizing this distinctive his own practice, concentrating on es- the history books or the newspapers. method, ATS is able to provide its cli- tate planning, personal injury, bank- But for the last 80 years, since he grad- ents the most advanced and state-of- ruptcy, family and real estate law. uated from Northwestern High School, the-art technology available. Indeed, Mr. Jackson also used his legal tal- you would have found him doing what because of this exceptional technology, ents in the Alaska State Legislature. so many other Detroiters have done: ATS recently won a major multi-year He served in the State house of rep- working hard, and doing his part, award from Bath Iron Works to resentatives in the Fourth and Sixth building the lives that make up our produce hybrid laser welded panels for State legislatures from 1965 to 1966 and city. the Navy’s DDG 1000 destroyer, and 1968 to 1970 respectively, where he was As an employee of Ford, Chrysler, later earned the 2008 Department of De- a colleague of my late father, then the city’s street railway, and in the fense Manufacturing Technology State Senator Nick Begich. He served homes of several of Detroit’s most Achievement Award. on the prestigious House Finance Com- prominent citizens, Rayman earned a One of ATS’s most impressive proto- mittee and later in a leadership posi- living sufficient for him and his be- types is the high-performance toroidal tion as chairman of the House Judici- loved wife Margaret to buy a home on engine concept, or HiPerTEC, engine. ary Committee. the city’s east—side a place for Mar- This inventive technology, which is Mr. Jackson also served the Alaska garet to display her crystal collection. hundreds of pounds lighter than a tra- Democratic Party as a convention For decades, he has contributed to ditional engine of similar power, pro- chair and later, was chair of the Inte- Mayflower Congregational Church of vides an unprecedented power-to- rior Democrats. Last October, I was Christ. weight ratio in an internal combustion privileged to attend a banquet in Fair- Several years ago, Rayman lost his engine. Additionally, HiPerTEC’s com- banks where the Interior Democrats sight but not his interest in the world bustion processes are extraordinarily honored Mr. Jackson for his many con- around him or his ability to delight his fuel efficient, a crucial concern for tributions to Alaska. friends. Many of those friends are pre- ATS’s numerous clients. Another of

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.045 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S119 ATS’s ground-breaking projects is its H.R. 2611. An act to amend the Homeland bia, transmitting, pursuant to law, a report low-cost flight test platform which Security Act of 2002 to authorize the Secur- on D.C. Act 18–262, ‘‘Private Adoption Fee seeks to acquire knowledge in the oper- ing the Cities Initiative of the Department of Temporary Amendment Act of 2009’’; to the ation of ramjet and scramjet engines. Homeland Security, and for other purposes; Committee on Homeland Security and Gov- to the Committee on Homeland Security and ernmental Affairs. Funded by the Office of Naval Re- Governmental Affairs. EC–4215. A communication from the Gen- search, the platform provides a cost H.R. 4095. An act to designate the facility eral Counsel, Office of Government Ethics, savings of 90 to 95 percent, bridging the of the United States Postal Service located transmitting, pursuant to law, a report rel- gap between ground testing and tradi- at 9727 Antioch Road in Overland Park, Kan- ative to competitions initiated or conducted tional, high-cost flight testing. sas, as the ‘‘Congresswoman Jan Meyers Post in fiscal year 2009; to the Committee on Leading the way in accelerating re- Office Building’’; to the Committee on Homeland Security and Governmental Af- markable technological advances, Ap- Homeland Security and Governmental Af- fairs. fairs. plied Thermal Sciences has earned the EC–4216. A communication from the Sec- f retary of the American Battle Monuments trust of its public and private clients Commission, transmitting, pursuant to law, by consistently providing them with MEASURES PLACED ON THE the Commission’s annual report for fiscal cost-effective and forward-looking so- CALENDAR year 2009; to the Committee on Homeland Se- lutions. I thank Karl Hoose, the firm’s The following bill was read the sec- curity and Governmental Affairs. president and owner, ATS’s vice presi- ond time, and placed on the calendar: EC–4217. A communication from the Sec- retary of the American Battle Monuments dent Fred Webber, and everyone at the S. 2939. A bill to amend title 31, United company for their remarkable work, Commission, transmitting, pursuant to law, States Code to require an audit of the Board the Commission’s Fiscal Year 2010–2015 Stra- and wish them continued success in the of Governors of the Federal Reserve System ∑ tegic Plan; to the Committee on Homeland future. and the Federal reserve banks, and for other Security and Governmental Affairs. purposes. f EC–4218. A communication from the Presi- f MESSAGES FROM THE PRESIDENT dent of the James Madison Memorial Foun- EXECUTIVE AND OTHER dation, transmitting, pursuant to law, the Messages from the President of the COMMUNICATIONS Foundation’s annual report for the year end- United States were communicated to ing September 30, 2009; to the Committee on the Senate by Mrs. Neiman, one of his The following communications were Homeland Security and Governmental Af- secretaries. laid before the Senate, together with fairs. accompanying papers, reports, and doc- EC–4219. A communication from the In- f uments, and were referred as indicated: spector General of the Department of En- ergy, transmitting, pursuant to law, the Of- EXECUTIVE MESSAGES REFERRED EC–4207. A communication from the Chair- fice of Inspector General’s Semiannual Re- man of the Council of the District of Colum- As in executive session the Presiding port for the period of April 1, 2009 through bia, transmitting, pursuant to law, a report Officer laid before the Senate messages September 30, 2009; to the Committee on on D.C. Act 18–243, ‘‘Waterfront Park at the from the President of the United Homeland Security and Governmental Af- Yards Act of 2009’’; to the Committee on fairs. States submitting sundry nominations Homeland Security and Governmental Af- EC–4220. A communication from the Chair- and withdrawals which were referred to fairs. the appropriate committees. EC–4208. A communication from the Chair- man of the Federal Election Commission, (The nominations received today are man of the Council of the District of Colum- transmitting, pursuant to law, a report rel- bia, transmitting, pursuant to law, a report ative to the Commission’s competitive printed at the end of the Senate pro- sourcing efforts during fiscal year 2009; to ceedings.) on D.C. Act 18–244, ‘‘F Street, N.W., Down- town Retail Priority Area Clarification the Committee on Homeland Security and f Amendment Act of 2009’’; to the Committee Governmental Affairs. EC–4221. A communication from the Grants MESSAGES FROM THE HOUSE on Homeland Security and Governmental Af- fairs. Management Officer, Management Direc- At 11:14 a.m., a message from the EC–4209. A communication from the Chair- torate, Department of Homeland Security, House of Representatives, delivered by man of the Council of the District of Colum- transmitting, pursuant to law, the report of Ms. Niland, one of its reading clerks, bia, transmitting, pursuant to law, a report a rule entitled ‘‘Department of Homeland Se- curity Implementation of OMB Guidance on announced that the House has passed on D.C. Act 18–245, ‘‘Affordable Housing For- Sale and Rental Distribution Amendment Nonprocurement Debarment and Suspen- the following bills, in which it requests sion’’ as received during adjournment of the the concurrence of the Senate: Act of 2009’’; to the Committee on Homeland Security and Governmental Affairs. Senate in the Office of the President of the H.R. 2611. An act to amend the Homeland EC–4210. A communication from the Chair- Senate on January 8, 2010; to the Committee Security Act of 2002 to authorize the Secur- man of the Council of the District of Colum- on Homeland Security and Governmental Af- ing the Cities Initiative of the Department of bia, transmitting, pursuant to law, a report fairs. Homeland Security, and for other purposes. on D.C. Act 18–242, ‘‘Unused Pharmaceutical EC–4222. A communication from the Chair- H.R. 4095. An act to designate the facility Safe Disposal Act of 2009’’; to the Committee man of the Federal Trade Commission, of the United States Postal Service located on Homeland Security and Governmental Af- transmitting, pursuant to law, the Commis- at 9727 Antioch Road in Overland Park, Kan- fairs. sion’s Performance and Accountability Re- sas, as the ‘‘Congresswoman Jan Meyers Post EC–4211. A communication from the Chair- port for fiscal year 2009; to the Committee on Office Building’’. man of the Council of the District of Colum- Homeland Security and Governmental Af- H.R. 4462. An act to accelerate the income bia, transmitting, pursuant to law, a report fairs. tax benefits for charitable cash contribu- on D.C. Act 18–246, ‘‘Income Tax Joint Filing EC–4223. A communication from the Execu- tions for the relief of victims of the earth- Clarification Act of 2009’’; to the Committee tive Director of the Consumer Product Safe- quake in Haiti. on Homeland Security and Governmental Af- ty Commission, transmitting, pursuant to ENROLLED BILL SIGNED fairs. law, a report relative to the Commission’s annual FAIR Act Inventory Summary for At 2:06 p.m., a message from the EC–4212. A communication from the Chair- man of the Council of the District of Colum- fiscal year 2009; to the Committee on Home- House of Representatives, delivered by bia, transmitting, pursuant to law, a report land Security and Governmental Affairs. Ms. Niland, one of its reading clerks, on D.C. Act 18–247, ‘‘Cooperative Housing As- EC–4224. A communication from the Com- announced that the Speaker has signed sociation Economic Interest Recordation missioner of the Social Security Administra- the following enrolled bill: Tax Temporary Amendment Act of 2009’’; to tion, transmitting, pursuant to law, the S. 692. An act to provide that claims of the the Committee on Homeland Security and Semiannual Report of the Inspector General United States to certain documents relating Governmental Affairs. for the period from April 1, 2009, through to Franklin Delano Roosevelt shall be treat- EC–4213. A communication from the Chair- September 30, 2009; to the Committee on ed as waived and relinquished in certain cir- man of the Council of the District of Colum- Homeland Security and Governmental Af- cumstances. bia, transmitting, pursuant to law, a report fairs. on D.C. Act 18–261, ‘‘Homeland Security and EC–4225. A communication from the Chief f Emergency Management Agency Use of Financial Officer of the Federal Mediation MEASURES REFERRED Video Surveillance Amendment Act of 2009’’; and Conciliation Service, transmitting, pur- to the Committee on Homeland Security and suant to law, a report relative to financial The following bills were read the first Governmental Affairs. integrity for fiscal year 2009; to the Com- and the second times by unanimous EC–4214. A communication from the Chair- mittee on Homeland Security and Govern- consent, and referred as indicated: man of the Council of the District of Colum- mental Affairs.

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.013 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S120 CONGRESSIONAL RECORD — SENATE January 21, 2010 EC–4226. A communication from the Acting any possible affects such a sale might have Senate in the Office of the President of the Director of Infrastructure Security Compli- relating to Israel’s Qualitative Military Edge Senate on January 8, 2010; to the Committee ance, National Protection and Programs Di- over military threats to Israel; to the Com- on Armed Services. rectorate, Department of Homeland Secu- mittee on Armed Services. EC–4242. A communication from the Under rity, transmitting, pursuant to law, the re- EC–4234. A communication from the Assist- Secretary of Defense (Policy), transmitting a port of a rule entitled ‘‘Appendix to Chem- ant Secretary, Bureau of Political-Military report relative to cleanup operations due to ical Facility Anti-Terrorism Standards’’ Affairs, Department of State, transmitting, the use of weapons systems, and munitions (RIN1601–AA41) as received during adjourn- pursuant to law, an addendum to a certifi- containing depleted uranium in a number of ment of the Senate in the Office of the Presi- cation, transmittal number: DDTC 122–09, of countries, including Saudi Arabia, Kuwait, dent of the Senate on January 8, 2010; to the the proposed sale or export of defense arti- Iraq and Afghanistan; to the Committee on Committee on Homeland Security and Gov- cles, including technical data, and defense Armed Services. ernmental Affairs. services to a Middle East country regarding EC–4243. A communication from the Dep- EC–4227. A communication from the Acting any possible affects such a sale might have uty Assistant Secretary for Import Adminis- Farm Bill Coordinator, Commodity Credit relating to Israel’s Qualitative Military Edge tration, Foreign Trade Zones Board, Depart- Corporation, Department of Agriculture, over military threats to Israel; to the Com- ment of Commerce, transmitting, pursuant transmitting, pursuant to law, the report of mittee on Armed Services. to law, an annual report on the Activities of a rule entitled ‘‘State Technical Committees EC–4235. A communication from the Assist- the Foreign-Trade Zones Board, for fiscal Final Rule’’ (RIN0578–AA51) as received dur- ant Secretary, Bureau of Political-Military year 2008; to the Committee on Finance. ing adjournment of the Senate in the Office Affairs, Department of State, transmitting, EC–4244. A communication from the Chief of the President of the Senate on January 12, pursuant to law, an addendum to a certifi- of the Trade and Commercial Regulations 2010; to the Committee on Agriculture, Nu- cation, transmittal number: DDTC 103–09, of Branch, Customs and Border Protection, De- trition, and Forestry. the proposed sale or export of defense arti- partment of Homeland Security, transmit- EC–4228. A communication from the Acting cles, including technical data, and defense ting, pursuant to law, the report of a rule en- Farm Bill Coordinator, Commodity Credit services to a Middle East country regarding titled ‘‘Class 9 Bonded Warehouse Proce- Corporation, Department of Agriculture, any possible affects such a sale might have dures’’ (RIN1505—AB85) received during ad- transmitting, pursuant to law, the report of relating to Israel’s Qualitative Military Edge journment of the Senate in the Office of the a rule entitled ‘‘Compliance with NEPA In- over military threats to Israel; to the Com- President of the Senate on January 8, 2010; terim Final Rule’’ (RIN0578–AA55) as re- mittee on Armed Services. to the Committee on Finance. EC–4245. A communication from the Senior ceived during adjournment of the Senate in EC–4236. A communication from the Assist- Advisor for Regulations, Office of Regula- the Office of the President of the Senate on ant Secretary, Bureau of Political-Military tions, Social Security Administration, trans- January 12, 2010; to the Committee on Agri- Affairs, Department of State, transmitting, mitting, pursuant to law, the report of a rule culture, Nutrition, and Forestry. pursuant to law, an addendum to a certifi- entitled ‘‘Technical Revisions to the Supple- EC–4229. A communication from the Con- cation, transmittal number: DDTC 142–09, of mental Security Income (SSI) Regulations gressional Review Coordinator, Animal and the proposed sale or export of defense arti- on Income and Resources’’ (RIN0960–AG66) Plant Health Inspection Service, Department cles, including technical data, and defense received during adjournment of the Senate of Agriculture, transmitting, pursuant to services to a Middle East country regarding in the Office of the President of the Senate law, the report of a rule entitled ‘‘Change in any possible affects such a sale might have on January 7, 2010; to the Committee on Fi- Disease Status of the Republic of Korea with relating to Israel’s Qualitative Military Edge nance. Regard to Foot-and-Mouth Disease and Rin- over military threats to Israel; to the Com- EC–4246. A communication from the Chief derpest’’ (Docket No. APHIS–2008–0147) as re- mittee on Armed Services. of the Publications and Regulations Branch, EC–4237. A communication from the Assist- ceived during adjournment of the Senate in Internal Revenue Service, Department of the ant Secretary, Bureau of Political-Military the Office of the President of the Senate on Treasury, transmitting, pursuant to law, the January 12, 2010; to the Committee on Agri- Affairs, Department of State, transmitting, report of a rule entitled ‘‘Guidance on Cor- culture, Nutrition, and Forestry. pursuant to law, an addendum to a certifi- recting Failures of Nonqualified Deferred EC–4230. A communication from the Con- cation, transmittal number: DDTC 153–09, of Compensation Plans to Comply with Section gressional Review Coordinator, Animal and the proposed sale or export of defense arti- 409A’’ (Notice 2010–6) received during ad- Plant Health Inspection Service, Department cles, including technical data, and defense journment of the Senate in the Office of the of Agriculture, transmitting, pursuant to services to a Middle East country regarding President of the Senate on January 8, 2010; law, the report of a rule entitled ‘‘Citrus any possible affects such a sale might have to the Committee on Finance. Canker; Movement of Fruit From Quar- relating to Israel’s Qualitative Military Edge EC–4247. A communication from the Chief antined Areas’’ (Docket No. APHIS–2009– over military threats to Israel; to the Com- of the Publications and Regulations Branch, 0023) as received during adjournment of the mittee on Armed Services. Internal Revenue Service, Department of the Senate in the Office of the President of the EC–4238. A communication from the Assist- Treasury, transmitting, pursuant to law, the Senate on January 12, 2010; to the Com- ant Secretary, Bureau of Political-Military report of a rule entitled ‘‘Treatment of Cer- mittee on Agriculture, Nutrition, and For- Affairs, Department of State, transmitting, tain Obligations under section 956(c)’’ (No- estry. pursuant to law, an addendum to a certifi- tice 2010–12) received during adjournment of EC–4231. A communication from the Assist- cation, transmittal number: DDTC 117–09, of the Senate in the Office of the President of ant Secretary, Bureau of Political-Military the proposed sale or export of defense arti- the Senate on January 6, 2010; to the Com- Affairs, Department of State, transmitting, cles, including technical data, and defense mittee on Finance. pursuant to law, an addendum to a certifi- services to a Middle East country regarding EC–4248. A communication from the Chief cation, transmittal number: DDTC 09–141, of any possible affects such a sale might have of the Publications and Regulations Branch, the proposed sale or export of defense arti- relating to Israel’s Qualitative Military Edge Internal Revenue Service, Department of the cles, including technical data, and defense over military threats to Israel; to the Com- Treasury, transmitting, pursuant to law, the services to a Middle East country regarding mittee on Armed Services. report of a rule entitled ‘‘Total Return any possible affects such a sale might have EC–4239. A communication from the Assist- Swaps (TRSs) Used to Avoid Dividend With- relating to Israel’s Qualitative Military Edge ant Secretary for Legislative Affairs, De- holding Tax’’ (LMSB–4–1209–044) received over military threats to Israel; to the Com- partment of State, transmitting, pursuant to during adjournment of the Senate in the Of- mittee on Armed Services. law, a report entitled ‘‘Iran-Related Multi- fice of the President of the Senate on Janu- EC–4232. A communication from the Assist- lateral Sanction Regime Efforts’’; to the ary 15, 2010; to the Committee on Finance. ant Secretary, Bureau of Political-Military Committee on Armed Services. EC–4249. A communication from the Chief Affairs, Department of State, transmitting, EC–4240. A communication from the Direc- of the Publications and Regulations Branch, pursuant to law, an addendum to a certifi- tor of Defense Procurement and Acquisition Internal Revenue Service, Department of the cation, transmittal number: DDTC 135–09, of Policy, Department of Defense, transmit- Treasury, transmitting, pursuant to law, the the proposed sale or export of defense arti- ting, pursuant to law, the report of a rule en- report of a rule entitled ‘‘Repub. Rev. Proc. cles, including technical data, and defense titled ‘‘Defense Federal Acquisition Regula- 2009–4’’ (Rev. Proc. 2010–4) received during services to a Middle East country regarding tion Supplement; Lead System Integrators’’ adjournment of the Senate in the Office of any possible affects such a sale might have (DFARS Case 2006–D051) as received during the President of the Senate on January 15, relating to Israel’s Qualitative Military Edge adjournment of the Senate in the Office of 2010; to the Committee on Finance. over military threats to Israel; to the Com- the President of the Senate on January 12, EC–4250. A communication from the Chief mittee on Armed Services. 2010; to the Committee on Armed Services. of the Publications and Regulations Branch, EC–4233. A communication from the Assist- EC–4241. A communication from the Direc- Internal Revenue Service, Department of the ant Secretary, Bureau of Political-Military tor of Defense Procurement and Acquisition Treasury, transmitting, pursuant to law, the Affairs, Department of State, transmitting, Policy, Department of Defense, transmit- report of a rule entitled ‘‘Rev. Proc. 2010–3, pursuant to law, an addendum to a certifi- ting, pursuant to law, the report of a rule en- Annual Update of Domestic No-Rule Areas’’ cation, transmittal number: DDTC 130–09, of titled ‘‘Defense Federal Acquisition Regula- (Rev. Proc. 2010–3) received during adjourn- the proposed sale or export of defense arti- tion Supplement; Business Systems—Defini- ment of the Senate in the Office of the Presi- cles, including technical data, and defense tion and Administration’’ (DFARS Case 2009– dent of the Senate on January 6, 2010; to the services to a Middle East country regarding D038) as received during adjournment of the Committee on Finance.

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JA6.046 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S121 EC–4251. A communication from the Chief Regulations, Office of the Secretary, Depart- the Senate on January 12, 2010; to the Com- of the Publications and Regulations Branch, ment of Housing and Urban Development, mittee on Environment and Public Works. Internal Revenue Service, Department of the transmitting, pursuant to law, the report of EC–4269. A communication from the Direc- Treasury, transmitting, pursuant to law, the a rule entitled ‘‘Refinement of Income and tor of the Regulatory Management Division, report of a rule entitled ‘‘Repub. Rev. Proc. Rent Determination Requirements in Public Office of Policy, Economics, and Innovation, 2009–5’’ (Rev. Proc. 2010–5) received during and Assisted Housing Programs: Implemen- Environmental Protection Agency, transmit- adjournment of the Senate in the Office of tation of the Enterprise Income Verification ting, pursuant to law, the report of a rule en- the President of the Senate on January 15, System—Amendments’’ ((RIN2501-AD48) (FR- titled ‘‘Revisions to the California State Im- 2010; to the Committee on Finance. 5351-F-02)) as received during adjournment of plementation Plan, San Joaquin Valley Uni- EC–4252. A communication from the Chief the Senate in the Office of the President of fied Air Pollution Control District’’ (FRL of the Publications and Regulations Branch, the Senate on January 7, 2010; to the Com- No. 9097-2) received during adjournment of Internal Revenue Service, Department of the mittee on Banking, Housing, and Urban Af- the Senate in the Office of the President of Treasury, transmitting, pursuant to law, the fairs. the Senate on January 12, 2010; to the Com- report of a rule entitled ‘‘Repub. Rev. Proc. EC–4260. A communication from the Sec- mittee on Environment and Public Works. 2009–6’’ (Rev. Proc. 2010–6) received during retary of the Treasury, transmitting, pursu- EC–4270. A communication from the Direc- adjournment of the Senate in the Office of ant to law, a six-month periodic report on tor of the Regulatory Management Division, the President of the Senate on January 15, the national emergency that was declared in Office of Policy, Economics, and Innovation, 2010; to the Committee on Finance. Executive Order 13396 with respect to Cote Environmental Protection Agency, transmit- EC–4253. A communication from the Chief d’Ivoire Sanctions; to the Committee on ting, pursuant to law, the report of a rule en- of the Publications and Regulations Branch, Banking, Housing, and Urban Affairs. titled ‘‘Revisions to the California State Im- Internal Revenue Service, Department of the EC–4261. A communication from the Assist- plementation Plan, San Joaquin Valley Uni- Treasury, transmitting, pursuant to law, the ant Secretary for Congressional and Inter- fied Air Pollution Control District’’ (FRL report of a rule entitled ‘‘Repub. Rev. Proc. governmental Relations, Department of No. 9096-9) received during adjournment of 2009–8’’ (Rev. Proc. 2010–8) received during Housing and Urban Development, transmit- the Senate in the Office of the President of adjournment of the Senate in the Office of ting, pursuant to law, a report relative to the Senate on January 12, 2010; to the Com- the President of the Senate on January 15, the awarding of a sole-source bridge contract mittee on Environment and Public Works. 2010; to the Committee on Finance. to provide property management support for EC–4271. A communication from the Direc- EC–4254. A communication from the Chief Federal Housing Administration Single tor of the Regulatory Management Division, of the Publications and Regulations Branch, Family Homes; to the Committee on Bank- Office of Policy, Economics, and Innovation, Internal Revenue Service, Department of the ing, Housing, and Urban Affairs. Environmental Protection Agency, transmit- Treasury, transmitting, pursuant to law, the EC–4262. A communication from the Sec- ting, pursuant to law, the report of a rule en- report of a rule entitled ‘‘Automatic Ap- retary of the Department of Commerce, titled ‘‘Extension of Deadline for Promulga- proval of Changes in Funding Method for transmitting, pursuant to law, a report on tion Designations for the 2008 Ozone Na- Takeover Plans and Changes in Pension the continuation of a national emergency de- tional Ambient Air Quality Standards’’ (FRL Valuation Software’’ (Announcement 2010–3) clared in Executive Order 13222 with respect No. 9102-2) received during adjournment of received during adjournment of the Senate to the lapse of the Export Administration the Senate in the Office of the President of in the Office of the President of the Senate Act of 1979; to the Committee on Banking, the Senate on January 12, 2010; to the Com- on January 12, 2010; to the Committee on Fi- Housing, and Urban Affairs. mittee on Environment and Public Works. nance. EC–4263. A communication from the Assist- EC–4272. A communication from the Direc- EC–4255. A communication from the Dep- ant Secretary for Legislative Affairs, De- tor of the Regulatory Management Division, uty Assistant Secretary for Export Adminis- partment of State, transmitting, pursuant to Office of Policy, Economics, and Innovation, tration, Bureau of Industry and Security, Executive Order 13346 of July 8, 2004, the an- Environmental Protection Agency, transmit- Department of Commerce, transmitting, pur- nual certification of the effectiveness of the ting, pursuant to law, the report of a rule en- suant to law, the report of a rule entitled Australia Group; to the Committee on Bank- titled ‘‘Approval and Promulgation of Imple- ‘‘Addition of Certain Persons on the Entity ing, Housing, and Urban Affairs. mentation Plans; Puerto Rico; Guaynabo List: Addition of Persons Acting Contrary to EC–4264. A communication from the Assist- PM10 Limited Maintenance Plan and Redes- the National Security or Foreign Policy In- ant Secretary, Office of Legislative Affairs, ignation Request’’ (FRL No. 9091-4) received terests of the United States and Entry Modi- Department of State, transmitting, pursuant during adjournment of the Senate in the Of- fied for Clarification’’ (RIN0694–AE78) as re- to law, a six-month periodic report relative fice of the President of the Senate on Janu- ceived during adjournment of the Senate in to the national emergency that was declared ary 12, 2010; to the Committee on Environ- the Office of the President of the Senate on in Executive Order 12938 with respect to the ment and Public Works. January 11, 2010; to the Committee on Bank- proliferation of weapons of mass destruction; EC–4273. A communication from the Direc- ing, Housing, and Urban Affairs. to the Committee on Banking, Housing, and tor of the Regulatory Management Division, EC–4256. A communication from the Gen- Urban Affairs. Office of Policy, Economics, and Innovation, eral Counsel of the National Credit Union EC–4265. A communication from the Regu- Environmental Protection Agency, transmit- Administration, transmitting, pursuant to latory Specialist, Office of the Comptroller ting, pursuant to law, the report of a rule en- law, the report of a rule entitled ‘‘Exception of the Currency, Department of the Treas- titled ‘‘Approval and Promulgation of Imple- to the Maturity Limit on Second Mortgages’’ ury, transmitting, pursuant to law, the re- mentation Plans; Kentucky: Approval of Re- (RIN3133–AD64) as received during adjourn- port of a rule entitled ‘‘Community Rein- visions to the State Implementation Plan’’ ment of the Senate in the Office of the Presi- vestment Act Regulations’’ (RIN1557-AD29) (FRL No. 9102-6) received during adjourn- dent of the Senate on January 8, 2010; to the as received during adjournment of the Sen- ment of the Senate in the Office of the Presi- Committee on Banking, Housing, and Urban ate in the Office of the President of the Sen- dent of the Senate on January 12, 2010; to the Affairs. ate on January 6, 2010; to the Committee on Committee on Environment and Public EC–4257. A communication from the Gen- Banking, Housing, and Urban Affairs. Works. eral Counsel of the National Credit Union EC–4266. A communication from the Presi- EC–4274. A communication from the Direc- Administration, transmitting, pursuant to dent and Chief Executive Officer, Federal tor of the Regulatory Management Division, law, the report of a rule entitled ‘‘12 CFR Home Loan Bank of Topeka, transmitting, Office of Policy, Economics, and Innovation, Part 740—Accuracy of Advertising and No- pursuant to law, a report on the Bank’s sys- Environmental Protection Agency, transmit- tice of Insured Status, and 12 CFR Part 745— tem of internal controls for fiscal year 2008; ting, pursuant to law, the report of a rule en- Share Insurance and Appendix’’ (RIN3133– to the Committee on Banking, Housing, and titled ‘‘Approval and Promulgation of Imple- AD54; RIN3133–AD55) as received during ad- Urban Affairs. mentation Plans; Mississippi; Update to Ma- journment of the Senate in the Office of the EC–4267. A communication from the Senior terials Incorporated by Reference’’ (FRL No. President of the Senate on January 7, 2010; Vice President and Chief Accounting Officer, 9088-6) received during adjournment of the to the Committee on Banking, Housing, and Federal Home Loan Bank of Dallas, trans- Senate in the Office of the President of the Urban Affairs. mitting, pursuant to law, the Bank’s man- Senate on January 12, 2010; to the Com- EC–4258. A communication from the Chief agement report for fiscal year 2008; to the mittee on Environment and Public Works. Counsel, Federal Emergency Management Committee on Banking, Housing, and Urban EC–4275. A communication from the Direc- Agency, Department of Homeland Security, Affairs. tor of the Regulatory Management Division, transmitting, pursuant to law, the report of EC–4268. A communication from the Direc- Office of Policy, Economics, and Innovation, a rule entitled ‘‘Suspension of Community tor of the Regulatory Management Division, Environmental Protection Agency, transmit- Eligibility’’ ((44 CFR Part 64) (Docket No. Office of Policy, Economics, and Innovation, ting, pursuant to law, the report of a rule en- FEMA-8053)) as received during adjournment Environmental Protection Agency, transmit- titled ‘‘Revisions to the California State Im- of the Senate in the Office of the President ting, pursuant to law, the report of a rule en- plementation Plan, San Joaquin Valley Air of the Senate on January 7, 2010; to the Com- titled ‘‘Revisions to the California State Im- Pollution Control District’’ (FRL No. 9097-1) mittee on Banking, Housing, and Urban Af- plementation Plan, San Joaquin Valley Uni- received during adjournment of the Senate fairs. fied Air Pollution Control District’’ (FRL in the Office of the President of the Senate EC–4259. A communication from the Asso- No. 9100-1) received during adjournment of on January 19, 2010; to the Committee on En- ciate General Counsel for Legislation and the Senate in the Office of the President of vironment and Public Works.

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JA6.070 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S122 CONGRESSIONAL RECORD — SENATE January 21, 2010 EC–4276. A communication from the Direc- EXECUTIVE REPORTS OF Mr. GREGG, Mr. HATCH, Mr. LEMIEUX, tor of the Regulatory Management Division, COMMITTEES and Mr. DEMINT): Office of Policy, Economics, and Innovation, S.J. Res. 26. A joint resolution dis- Environmental Protection Agency, transmit- The following executive reports of approving a rule submitted by the Environ- ting, pursuant to law, the report of a rule en- nominations were submitted: mental Protection Agency relating to the titled ‘‘Outer Continental Shelf Air Regula- By Mr. LEAHY for the Committee on the endangerment finding and the cause or con- tions Update to Include New Jersey State Judiciary. tribute findings for greenhouse gases under Requirements’’ (FRL No. 9103-3) received O. Rogeriee Thompson, of Rhode Island, to section 202(a) of the Clean Air Act; to the during adjournment of the Senate in the Of- be United States Circuit Judge for the First Committee on Environment and Public fice of the President of the Senate on Janu- Circuit. Works. ary 19, 2010; to the Committee on Environ- Robert William Heun, of Alaska, to be f ment and Public Works. United States Marshal for the District of EC–4277. A communication from the Direc- Alaska for the term of four years. SUBMISSION OF CONCURRENT AND tor of the Regulatory Management Division, (Nominations without an asterisk SENATE RESOLUTIONS Office of Policy, Economics, and Innovation, Environmental Protection Agency, transmit- were reported with the recommenda- The following concurrent resolutions ting, pursuant to law, the report of a rule en- tion that they be confirmed.) and Senate resolutions were read, and titled ‘‘Outer Continental Shelf Air Regula- f referred (or acted upon), as indicated: tions Consistency Update for Alaska’’ (FRL By Mr. CASEY (for himself, Mr. SCHU- No. 9095-9) received during adjournment of INTRODUCTION OF BILLS AND MER, and Mr. ROCKEFELLER): the Senate in the Office of the President of JOINT RESOLUTIONS S. Res. 390. A resolution prohibiting text the Senate on January 19, 2010; to the Com- The following bills and joint resolu- messaging by employees of the Senate while mittee on Environment and Public Works. driving on official business; to the Com- EC–4278. A communication from the Direc- tions were introduced, read the first mittee on Rules and Administration. tor of the Regulatory Management Division, and second times by unanimous con- By Mr. CRAPO (for himself, Ms. Office of Policy, Economics, and Innovation, sent, and referred as indicated: KLOBUCHAR, and Mr. VITTER): Environmental Protection Agency, transmit- By Mr. PRYOR (for himself and Mr. S. Res. 391. A resolution recognizing the ting, pursuant to law, the report of a rule en- CARDIN): 25th anniversary of the enactment of the titled ‘‘Outer Continental Shelf Air Regula- S. 2942. A bill to amend the Federal Food, Victims of Crime Act of 1984 (42 U.S.C. 10601 tions Consistency Update for Alaska’’ (FRL Drug, and Cosmetic Act to establish a nano- et seq.) and the substantial contributions to No. 9095-8) received during adjournment of technology program; to the Committee on the Crime Victims Fund made through the the Senate in the Office of the President of Health, Education, Labor, and Pensions. criminal prosecutions conducted by United the Senate on January 19, 2010; to the Com- By Ms. COLLINS (for herself, Mr. States Attorneys’ offices and other compo- mittee on Environment and Public Works. LIEBERMAN, Mr. BENNETT, Mr. EN- nents of the Department of Justice; consid- EC–4279. A communication from the Ad- SIGN, and Mr. BOND): ered and agreed to. ministrator, General Services Administra- S. 2943. A bill to require the Attorney Gen- By Mr. KERRY (for himself, Mr. tion, transmitting, pursuant to law, the Re- eral to consult with appropriate officials LUGAR, Mr. NELSON of Florida, Mr. ports of Building Project Survey for Panama within the executive branch prior to making DODD, Mr. LEAHY, Mr. MENENDEZ, Mr. City, FL and Clarksburg, WV; to the Com- the decision to try an unprivileged enemy BURRIS, Ms. STABENOW, Mr. SANDERS, mittee on Environment and Public Works. belligerent in Federal civilian court; to the Mr. BENNET, Ms. MIKULSKI, Mr. DOR- EC–4280. A communication from the Committee on the Judiciary. GAN, Mr. JOHNSON, Mr. DURBIN, Mr. Branch Chief, Division of Migratory Bird By Mr. CORNYN (for himself, Mrs. UDALL of New Mexico, Mr. BAUCUS, Management, Fish and Wildlife Services, De- HUTCHISON, Mr. VITTER, Mr. Mr. BROWN, Mrs. MURRAY, Mr. NEL- partment of the Interior, transmitting, pur- CHAMBLISS, Mr. ROBERTS, Mr. SON of Nebraska, Mr. HARKIN, Mr. suant to law, the report of a rule entitled LEMIEUX, and Mr. ISAKSON): CARPER, Mr. LAUTENBERG, Mr. KIRK, ‘‘Migratory Bird Permits; Changes in the S. 2944. A bill to authorize the Secretary of Mr. BEGICH, Mr. BAYH, Mr. WYDEN, Regulations Governing Falconry’’ (RIN1018- Homeland Security and the Secretary of Ms. KLOBUCHAR, Ms. CANTWELL, Mrs. AW44) received during adjournment of the State to refuse or revoke visas to aliens if in FEINSTEIN, Mrs. SHAHEEN, Mr. CASEY, Senate in the Office of the President of the the security or foreign policy interests of the Mr. CARDIN, Ms. LANDRIEU, Mrs. Senate on January 8, 2010; to the Committee United States, to require the Secretary of GILLIBRAND, Mr. KOHL, Mr. INOUYE, on Environment and Public Works. Homeland Security to review all visa appli- Mr. AKAKA, Mr. FEINGOLD, Mr. EC–4281. A communication from the Presi- cations before adjudication, and to provide WHITEHOUSE, Mrs. HAGAN, Mr. REED, dent of the United States, transmitting, pur- for the immediate dissemination of visa rev- Mr. CORKER, Mr. ROCKEFELLER, Mr. suant to D.C. Code 1-204.34(d)(1), in accord- ocation information; to the Committee on BARRASSO, Mr. ISAKSON, Mr. KAUF- ance with, and to effectuate, the District of the Judiciary. MAN, and Mr. REID): Columbia Judicial Nomination Commission’s By Mr. SCHUMER (for himself and S. Res. 392. A resolution expressing the nomination of Milton C. Lee, Jr. to be an As- Mrs. GILLIBRAND): Sense of the Senate on the humanitarian ca- sociate Judge of the Superior Court of the S. 2945. A bill to designate the facility of tastrophe caused by the January 12, 2010 District of Columbia; to the Committee on the United States Postal Service located at earthquake in Haiti; considered and agreed Homeland Security and Governmental Af- 1210 West Main Street in Riverhead, New to. fairs. York, as the ‘‘Private First Class Garfield M. By Mrs. HAGAN (for herself and Mr. EC–4282. A communication from the Chair Langhorn Post Office Building’’; to the Com- BURR): of the District of Columbia Judicial Nomina- mittee on Homeland Security and Govern- S. Res. 393. A resolution recognizing the tion Commission, transmitting, pursuant to mental Affairs. contributions of the American Kennel Club; D.C. Code 1-204.34(d)(1), the nomination of By Ms. STABENOW: to the Committee on the Judiciary. Milton C. Lee, Jr. to be an Associate Judge S. 2946. A bill to direct the Secretary of the By Mr. BURRIS (for himself and Mr. for the Superior Court of the District of Co- Army to take action with respect to the Chi- DURBIN): lumbia; to the Committee on Homeland Se- cago waterway system to prevent the migra- S. Res. 394. A resolution congratulating the curity and Governmental Affairs. tion of bighead and silver carps into Lake Northwestern University Feinberg School of Michigan, and for other purposes; to the Medicine for its 150 years of commitment to advancing science and improving health; to f Committee on Environment and Public Works. the Committee on the Judiciary. By Ms. MURKOWSKI (for herself, Mrs. f REPORTS OF COMMITTEES LINCOLN, Mr. BARRASSO, Mr. NELSON The following reports of committees of Nebraska, Mr. CHAMBLISS, Ms. ADDITIONAL COSPONSORS LANDRIEU, Mr. THUNE, Mrs. were submitted: S. 416 HUTCHISON, Mr. GRAHAM, Mr. COBURN, By Mr. DORGAN, from the Committee on Mr. VITTER, Mr. CORNYN, Mr. At the request of Mrs. FEINSTEIN, the Indian Affairs, with an amendment in the ISAKSON, Mr. GRASSLEY, Mr. ALEX- name of the Senator from Minnesota nature of a substitute: ANDER, Mr. BOND, Mr. INHOFE, Mr. (Mr. FRANKEN) was added as a cospon- S. 375. A bill to authorize the Crow Tribe of BUNNING, Mr. CRAPO, Mr. BROWNBACK, sor of S. 416, a bill to limit the use of Indians water rights settlement, and for Mr. ROBERTS, Mr. MCCONNELL, Mr. cluster munitions. other purposes (Rept. No. 111–118). ENZI, Mr. MCCAIN, Mr. WICKER, Mr. S. 694 S. 313. A bill to resolve water rights claims LUGAR, Mr. CORKER, Mr. COCHRAN, of the White Mountain Apache Tribe in the Mr. KYL, Mr. BENNETT, Mr. RISCH, At the request of Mr. DODD, the name State of Arizona, and for other purposes Mr. JOHANNS, Mr. SESSIONS, Mr. of the Senator from Washington (Mrs. (Rept. No. 111–119). VOINOVICH, Mr. BURR, Mr. SHELBY, MURRAY) was added as a cosponsor of

VerDate Nov 24 2008 04:03 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JA6.072 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S123 S. 694, a bill to provide assistance to LINCOLN) was added as a cosponsor of S. COLLINS), the Senator from Utah (Mr. Best Buddies to support the expansion 2796, a bill to extend the authority of HATCH), the Senator from Idaho (Mr. and development of mentoring pro- the Secretary of Education to purchase RISCH), the Senator from Georgia (Mr. grams, and for other purposes. guaranteed student loans for an addi- ISAKSON), the Senator from Arizona S. 936 tional year, and for other purposes. (Mr. KYL) and the Senator from Alaska At the request of Mr. LAUTENBERG, S. 2853 (Ms. MURKOWSKI) were added as cospon- the name of the Senator from Rhode Is- At the request of Mr. CRAPO, his sors of S. 2938, a bill to terminate au- land (Mr. REED) was added as a cospon- name was withdrawn as a cosponsor of thority under the Troubled Asset Re- sor of S. 936, a bill to amend the Fed- S. 2853, a bill to establish a Bipartisan lief Program, and for other purposes. eral Water Pollution Control Act to au- Task Force for Responsible Fiscal Ac- S. CON. RES. 39 thorize appropriations for sewer over- tion, to assure the long-term fiscal sta- At the request of Mr. MENENDEZ, the flow control grants. bility and economic security of the name of the Senator from Minnesota S. 1058 Federal Government of the United (Mr. FRANKEN) was added as a cospon- At the request of Mr. UDALL of Colo- States, and to expand future prosperity sor of S. Con. Res. 39, a concurrent res- rado, the names of the Senator from growth for all Americans. olution expressing the sense of the Georgia (Mr. ISAKSON) and the Senator At the request of Mr. BROWNBACK, his Congress that stable and affordable from Florida (Mr. LEMIEUX) were added name was withdrawn as a cosponsor of housing is an essential component of as cosponsors of S. 1058, a bill to amend S. 2853, supra. an effective strategy for the preven- the Internal Revenue Code of 1986 to re- S. 2885 tion, treatment, and care of human im- duce the tax on beer to its pre-1991 At the request of Ms. LANDRIEU, the munodeficiency virus, and that the level, and for other purposes. name of the Senator from Wisconsin United States should make a commit- S. 1111 (Mr. FEINGOLD) was added as a cospon- ment to providing adequate funding for sor of S. 2885, a bill to amend the Omni- At the request of Mr. ROCKEFELLER, the development of housing as a re- the name of the Senator from Massa- bus Crime Control and Safe Streets Act sponse to the acquired immuno- of 1968 to provide adequate benefits for chusetts (Mr. KERRY) was added as a deficiency syndrome pandemic. cosponsor of S. 1111, a bill to require public safety officers injured or killed S. RES. 373 the Secretary of Health and Human in the line of duty, and for other pur- At the request of Mr. CRAPO, the Services to enter into agreements with poses. names of the Senator from Idaho (Mr. States to resolve outstanding claims S. 2908 RISCH) and the Senator from Mis- for reimbursement under the Medicare At the request of Mr. KOHL, the name sissippi (Mr. COCHRAN) were added as program relating to the Special Dis- of the Senator from Michigan (Ms. cosponsors of S. Res. 373, a resolution ability Workload project. STABENOW) was added as a cosponsor of designating the month of February 2010 S. 2908, a bill to amend the Energy Pol- S. 1234 as ‘‘National Teen Dating Violence icy and Conservation Act to require At the request of Mr. LIEBERMAN, the Awareness and Prevention Month’’. the Secretary of Energy to publish a name of the Senator from Florida (Mr. AMENDMENT NO. 3301 final rule that establishes a uniform ef- LEMIEUX) was added as a cosponsor of At the request of Mr. THUNE, the S. 1234, a bill to modify the prohibition ficiency descriptor and accompanying names of the Senator from Arizona test methods for covered water heaters, on recognition by United States courts (Mr. KYL), the Senator from Alaska and for other purposes. of certain rights relating to certain (Ms. MURKOWSKI), the Senator from S. 2926 marks, trade names, or commercial Utah (Mr. HATCH), the Senator from names. At the request of Mrs. LINCOLN, the Wisconsin (Mr. FEINGOLD), the Senator name of the Senator from Pennsyl- S. 1329 from Georgia (Mr. CHAMBLISS), the Sen- vania (Mr. CASEY) was added as a co- At the request of Mr. KOHL, the name ator from Idaho (Mr. RISCH), the Sen- sponsor of S. 2926, a bill to amend the of the Senator from South Dakota (Mr. ator from Maine (Ms. COLLINS), the XVIII of the Social Security Act to JOHNSON) was added as a cosponsor of Senator from Kansas (Mr. ROBERTS), provide for the application of a con- S. 1329, a bill to authorize the Attorney the Senator from New Hampshire (Mr. sistent Medicare part B premium for General to award grants to State GREGG), the Senator from Montana all Medicare beneficiaries in a budget courts to develop and implement State (Mr. TESTER), the Senator from Geor- neutral manner for 2010, to provide an courts interpreter programs. gia (Mr. ISAKSON) and the Senator from additional round of economic recovery Tennessee (Mr. CORKER) were added as S. 1345 payments to certain beneficiaries, and At the request of Mr. REED, the name cosponsors of amendment No. 3301 pro- to assess the need for a consumer price posed to H.J. Res. 45. of the Senator from Alaska (Mr. index for elderly consumers to compute BEGICH) was added as a cosponsor of S. cost-of-living increases for certain gov- f 1345, a bill to aid and support pediatric ernmental benefits. STATEMENTS ON INTRODUCED involvement in reading and education. S. 2936 BILLS AND JOINT RESOLUTIONS S. 1859 At the request of Mr. BAUCUS, the By Mr. PRYOR (for himself and At the request of Mr. ROCKEFELLER, names of the Senator from California Mr. CARDIN): the name of the Senator from Oregon (Mrs. FEINSTEIN), the Senator from S. 2942. A bill to amend the Federal (Mr. MERKLEY) was added as a cospon- Maryland (Mr. CARDIN), the Senator Food, Drug, and Cosmetic Act to estab- sor of S. 1859, a bill to reinstate Fed- from Alaska (Mr. BEGICH), the Senator lish a nanotechnology program; to the eral matching of State spending of from Montana (Mr. TESTER), the Sen- Committee on Health, Education, child support incentive payments. ator from Missouri (Mr. BOND), the Labor, and Pensions. S. 2760 Senator from Kansas (Mr. ROBERTS), Mr. PRYOR. Mr. President, I rise At the request of Mr. UDALL of New the Senator from Tennessee (Mr. ALEX- today with Senator CARDIN to intro- Mexico, the name of the Senator from ANDER), the Senator from South Da- duce the Nanotechnology Safety Act of New Mexico (Mr. BINGAMAN) was added kota (Mr. THUNE), the Senator from 2010 which will authorize a program of as a cosponsor of S. 2760, a bill to Colorado (Mr. BENNET) and the Senator scientific investigation by the Food amend title 38, United States Code, to from Vermont (Mr. LEAHY) were added and Drug Administration on nanotech- provide for an increase in the annual as cosponsors of S. 2936, a bill to accel- nology-based medical and health prod- amount authorized to be appropriated erate the income tax benefits for chari- ucts. to the Secretary of Veterans Affairs to table cash contributions for the relief Nanotechnology holds great promise carry out comprehensive service pro- of victims of the earthquake in Haiti. to revolutionize the development of grams for homeless veterans. S. 2938 new medicines, drug delivery, and or- S. 2796 At the request of Mr. THUNE, the thopedic implants while holding down At the request of Mr. ENZI, the name names of the Senator from Kansas (Mr. the cost of health care. However, Con- of the Senator from Arkansas (Mrs. ROBERTS), the Senator from Maine (Ms. gress and the FDA must assure the

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JA6.050 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S124 CONGRESSIONAL RECORD — SENATE January 21, 2010 public that nanotechnology-based prod- fectiveness, particularly with regard to oped that sense and respond to specific ucts are both safe and efficacious. The products not subject to premarket au- chemical agents and are tailored to Nanotechnology Safety Act of 2010 will thorization requirements. each patient. Multifunctional thera- enable the FDA to properly study how The FDA has already reviewed and peutic devices need to be developed nanomaterials are absorbed by the approved some nanotechnology-based that simultaneously detect, diagnose, human body, how nanomaterials de- products. In the coming years, they ex- treat and monitor response to the ther- signed to carry cancer fighting drugs pect a significant increase in the use of apy. For example, various nanomate- target and kill tumors, and how nanoscale materials in drugs, devices, rials can be made to link with a drug, nanoscale texturing of bone implants biologics, cosmetics, and food. This a targeting molecule and an imaging can make a stronger joint and reduce will require the FDA to devote more of agent to seek out cancers and release the threat of infection. its regulatory attention to nanotech- their payload when required. Nanotechnology, or the manipulation nology based products. The FDA has already begun to devote of material at dimensions between 1 Let me talk for a few minutes about some resources to the understanding of and 100 nanometers, is a challenging two areas where nanotechnology is al- the human health effects and safety of scientific area. To put this size scale in ready being applied to health care. nanotechnology. It has established a perspective, a human hair is 80,000 The early detection of cancer and Nanotechnology Core Facility at the nanometers thick. multifunctional therapeutics. FDA’s Jefferson Arkansas Labora- Nanomaterials have different chem- The early detection of cancer can re- tories. Combining the expertise of the ical, physical, electrical and biological sult in significant improvement in National Center for Toxicological Re- characteristics than when used as larg- human health care and reduction in search and the Arkansas Research Lab- er, bulk materials. For example, cost. Nanotechnology offers important oratory, which is part of the FDA Of- nanoscale silver has exhibited unique new tools for detection where existing fice of Regulatory Affairs, this new antibacterial properties for treating in- and more conventional technologies Nanotechnology Core Facility will sup- fections and wounds. Nanomaterials may be reaching their limits. The port nanotechnology toxicity studies, have a much larger ratio of surface present obstacle to early detection of develop analytical tools to quantify area to mass than ordinary materials cancer lies in the inability of existing nanomaterials in complex matrices, do. It is at the surface of materials tools to detect these molecular level and develop procedures for character- that biological and chemical reactions changes directly during early phases in izing nanomaterials in FDA-regulated take place, and so we would expect the genesis of a cancer. Nanotechnol- products. nanomaterials to be more reactive ogy can provide smart contrast agents In conclusion, the Nanotechnology than bulk materials. and tools for real time imaging of a Safety Act of 2010 will provide the FDA The novel characteristics of nano- single cell and tissues at the nanoscale. the authority necessary to scientif- materials mean that risk assessments Nanotechnology promises a host of ically study the safety and effective- developed for ordinary materials may minimally-invasive diagnostic tech- ness of nanotechnology-based drugs, be of limited use in determining the niques and much research is aimed at delivery systems, medical devices, or- health and public safety of products ultra-sensitive labeling and detection thopedic implants, cosmetics, and food based on nanotechnology. technologies. In the in vitro area, additives regulated by the agency. This The FDA needs the tools and re- nanotechnology can help define can- bill is a sound investment on the prom- sources to assure the public that nano- cers by molecular signatures denoting ise of nanotechnology to improve technology-based medical and health processes that reflect fundamental human health and reduce costs in the products are safe and effective. The de- changes in cells and tissues that lead 21st Century. velopment of a regulatory framework to cancer. Already, investigators have Mr. President, I ask unanimous con- for the use of nanomaterials in drugs, developed novel nanoscale in vitro sent that the text of the bill be printed medical devices, and food additives techniques that can analyze genomic in the RECORD. There being no objection, the text of must be based on scientific knowledge variations across different tumor types the bill was ordered to be printed in and data about each specific tech- and distinguish normal from malignant the RECORD, as follows: nology and product. Without a robust cells. S. 2942 scientific framework there is no way to In the in vivo area, one of the most know what data to collect. More than a pressing needs in clinical oncology is Be it enacted by the Senate and House of Rep- resentatives of the United States of America in dozen material characteristics have for imaging agents that can identify Congress assembled, been suggested even for relatively sim- tumors that are far smaller than is SECTION 1. SHORT TITLE. ple nanomaterials. Without better sci- possible with today’s technology. This Act may be cited as the ‘‘Nanotech- entific knowledge of nanomaterials and Achieving this level of sensitivity re- nology Safety Act of 2010’’. their behavior in the human body, we quires better targeting of imaging SEC. 2. NANOTECHNOLOGY PROGRAM. do not know what data to collect and agents and generation of a larger imag- Chapter X of the Federal Food, Drug, and examine. ing signal, both of which nanoscale de- Cosmetic Act (21 U.S.C. 391 et seq.) is amend- In 2007, the FDA Nanotechnology vices are capable of accomplishing. ed by adding at the end the following: Task Force published a report ana- Perhaps the greatest near-term im- ‘‘SEC. 1011. NANOTECHNOLOGY PROGRAM. ‘‘(a) IN GENERAL.—Not later than 180 days lyzing the FDA’s scientific program pact of multifunctional therapeutic after the date of enactment of the Nanotech- and regulatory authority for address- compounds will come in the area of nology Safety Act of 2010, the Secretary of ing nanotechnology in drugs, medical tumor targeting and cancer therapies. Health and Human Services, in consultation devices, biologics, and food supple- Nanotechnology can be used to develop with the Secretary of Agriculture, shall es- ments. A general finding of the report new methods of drug delivery that bet- tablish within the Food and Drug Adminis- is that nanoscale materials present ter target selected tissues and cells, tration a program for the scientific inves- regulatory challenges similar to those and to improve on the efficiency of tigation of nanoscale materials included or posed by products using other emerg- drug activity in the cytoplasm or nu- intended for inclusion in FDA-regulated products, to address the potential toxicology ing technologies. However, these chal- cleus. Drug delivery applications will of such materials, the effects of such mate- lenges may be magnified because nano- provide a solution to solubility prob- rials on biological systems, and interaction technology can be used to make almost lems, as well as offer intracellular de- of such materials with biological systems. any FDA-regulated product. Also, at livery possibilities. ‘‘(b) PROGRAM PURPOSES.—The purposes of the nanoscale, the properties of a ma- The introduction of nanotechnology the program established under subsection (a) terial relevant to the safety and effec- to multifunctional therapeutics is at shall be to— tiveness of the FDA-regulated products an early stage of development. The de- ‘‘(1) assess scientific literature and data on livery of nanoscale multifunctional general nanoscale material interactions with might change. biological systems and on specific nanoscale The Task Force recommended that therapeutics could permit very precise materials of concern to Food and Drug Ad- the FDA focus on improving its sci- site specific targeting of cancer cells. ministration; entific knowledge of nanotechnology to More sophisticated ‘‘smart’’ systems ‘‘(2) develop and organize information help ensure the agency’s regulatory ef- for drug delivery still have to be devel- using databases and models that will enable

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.028 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S125 the formulation of generalized principles for prior to making the decision to try an in the civilian criminal system without the behavior of classes of nanoscale mate- unprivileged enemy belligerent in Fed- even consulting three of our Nation’s rials with biological systems; eral civilian court; to the Committee top intelligence officials simply defies ‘‘(3) promote intramural Administration on the Judiciary. common sense. programs and participate in collaborative ef- Ms. COLLINS. Mr. President, yester- To correct this failure and to ensure forts, to further the understanding of the science of novel properties at the nanoscale day the Senate Homeland Security that our Nation’s senior intelligence that might contribute to toxicity; Committee heard testimony from the officials are consulted before making ‘‘(4) promote and participate in collabo- three top U.S. intelligence officials the decision to try future foreign ter- rative efforts to further the understanding of about the errors that the Federal Gov- rorists in civilian court, I am today in- measurement and detection methods for ernment made leading up to the troducing a bill that would require this nanoscale materials; thwarted Christmas Day plot. We crucial consultation. I am very pleased ‘‘(5) collect, synthesize, interpret, and dis- dodged a bullet that day when Umar to be joined by the chairman of the seminate scientific information and data re- Farouk Abdulmutallab, a Nigerian- Homeland Security Committee, Sen- lated to the interactions of nanoscale mate- ator LIEBERMAN, who has been such a rials with biological systems; born terrorist, failed to detonate a ‘‘(6) build scientific expertise on nanoscale bomb on flight 253 in the skies above leader in this entire area, as well as by materials within such Administration; Detroit. three other Senators, Senator BOB BEN- ‘‘(7) ensure ongoing training, as well as dis- But today, Mr. President, I rise to NETT, Senator JOHN ENSIGN and Sen- semination of new information within the discuss an error that was made after ator KIT BOND, who are also concerned centers of such Administration, and more that foreign terrorist had already been about the testimony yesterday. broadly across such Administration, to en- detained by American authorities in Specifically, our bill would require sure timely, informed consideration of the Detroit, an error that may well have the Attorney General to consult with most current science; prevented the collection of valuable in- the Director of National Intelligence, ‘‘(8) encourage such Administration to par- telligence about future terrorist the Director of the National Counter- ticipate in international and national con- terrorism Center, the Secretary of sensus standards activities; and threats to our country. The error be- ‘‘(9) carry out other activities that the came clear during my questioning of Homeland Security, and the Secretary Secretary determines are necessary and con- three of our Nation’s top intelligence of Defense before initiating a custodial sistent with the purposes described in para- officials at the committee’s hearing interrogation of foreign terrorists or graphs (1) through (8). yesterday. Frankly, Mr. President, I filing civilian criminal charges against ‘‘(c) PROGRAM ADMINISTRATION.— was stunned to learn that the decision them. These officials, Mr. President, ‘‘(1) PROGRAM MANAGER.—In carrying out to place the captured terrorist into the are in the best position to know what the program under this section, the Sec- U.S. civilian criminal court system had other threats the United States is fac- retary shall designate a program manager ing from terrorists and to assess the who shall supervise the planning, manage- been made without any input or the ment, and coordination of the program. knowledge of the Director of National need to gather more intelligence on ‘‘(2) DUTIES.—The program manager shall— Intelligence, the Director of the Na- those threats. ‘‘(A) develop a detailed strategic plan for tional Counterterrorism Center, or the If there is a disagreement between achieving specific short- and long-term tech- Secretary of the Department of Home- the Attorney General and these intel- nical goals for the program; land Security. That is right, Mr. Presi- ligence officials regarding the appro- ‘‘(B) coordinate and integrate the strategic dent, these officials were never con- priate approach to the detention and plan with investments by the Food and Drug sulted by the Department of Justice interrogation of foreign terrorists, Administration and other departments and then the bill would require the Presi- agencies participating in the National Nano- before the decision was made. That decision was critical. The deter- dent to resolve the disagreement. Only technology Initiative; and the President would be permitted to di- ‘‘(C) develop intramural Administration mination to charge Abdulmutallab in programs, contracts, memoranda of agree- civilian court likely foreclosed the col- rect the initiation of civilian law en- ment, joint funding agreements, and other lection of additional intelligence infor- forcement actions—balancing his con- cooperative arrangements necessary for mation. We know that the interroga- stitutional responsibilities as Com- meeting the long-term challenges and tion of terrorists can provide critical mander in Chief and as the Nation’s achieving the specific technical goals of the intelligence, but our civil justice sys- chief law enforcement officer. program. To be clear, this legislation would tem, as opposed to the military deten- ‘‘(d) REPORTS.—Not later than March 1, not deprive the President of any inves- tion and tribunal system established 2012 and March 1, 2014, the Secretary shall tigative or prosecutorial tool. It would by Congress and the President, encour- submit to the Committee on Health, Edu- not preclude a decision to charge a for- cation, Labor, and Pensions and the Com- ages terrorists to lawyer up and to stop eign terrorist in our military tribunal mittee on Appropriations of the Senate and answering questions. Indeed, that was system or in our civilian criminal jus- the Committee on Energy and Commerce and exactly what happened in the case of the Committee on Appropriations of the tice system. It would simply require Abdulmutallab. He had provided some that the Attorney General coordinate House of Representatives a report on the valuable information to law enforce- program carried out under this section. Such and consult with our top intelligence report shall include— ment officials in the hours imme- officials before making a decision that ‘‘(1) a review of the specific short- and diately after his capture, and we surely could foreclose the collection of crit- long-term goals of the program; would have obtained more information ical additional intelligence informa- ‘‘(2) an assessment of current and proposed if we had treated this foreign terrorist tion. funding levels for the program, including an as an enemy belligerent and had placed This consultation requirement is not assessment of the adequacy of such funding him in the military tribunal system. levels to support program activities; and unprecedented. Section 811 of the Coun- Instead, once he was read his Miranda terintelligence and Security and En- ‘‘(3) a review of the coordination of activi- rights, given a lawyer at our expense, ties under the program with other depart- hancements Act of 1994 requires the Di- ments and agencies participating in the Na- he was advised to cease answering rector of the FBI and the head of a de- tional Nanotechnology Initiative. questions, and that is exactly what he partment or agency with a potential ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— did. spy in its ranks to consult and periodi- There are authorized to be appropriated to That poor decisionmaking may well cally reassess any decision to leave the carry out this section, $25,000,000 for each of have prevented us from finding out suspected spy in place so that addi- fiscal years 2011 through 2015. Amounts ap- more of Yemen’s role in training ter- tional intelligence can be gathered on propriated pursuant to this subsection shall rorists and more about future plots remain available until expended.’’. his activities. that are underway in Yemen targeting As the Senate Intelligence Com- American citizens in this country or By Ms. COLLINS (for herself, Mr. mittee noted in its report on the legis- abroad. Good intelligence is clearly lation that added the espionage con- LIEBERMAN, Mr. BENNETT, Mr. EN- critical to our ability to stop terrorist SIGN, and Mr. BOND): sultation requirement: plots before they are executed. We While prosecutorial discretion ultimately S. 2943. A bill to require the Attorney know that lawful interrogations of ter- rests with the Department of Justice offi- General to consult with appropriate of- rorist suspects can provide important cials, it stands to reason that in cases de- ficials within the executive branch intelligence. To charge Abdulmutallab signed to protect our national security—such

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JA6.054 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S126 CONGRESSIONAL RECORD — SENATE January 21, 2010 as espionage and terrorism cases—prosecu- sought from the President under subsection SENATE RESOLUTION 391—RECOG- tors should ensure that they do not make de- (b)(2) and the number of times, on those oc- NIZING THE 25TH ANNIVERSARY cisions that, in fact, end up harming the na- casions, that the President directed actions OF THE ENACTMENT OF THE tional security. identified in section (a) against such foreign VICTIMS OF CRIME ACT OF 1984 The committee got it right. The com- person. (d) DEFINITIONS.—In this section: (42 U.S.C. 10601 ET SEQ.) AND THE mittee went on to explain: (1) APPROPRIATE COMMITTEES OF JURISDIC- SUBSTANTIAL CONTRIBUTIONS [T]he determination of whether to leave a TION.—The term ‘‘appropriate committees of TO THE CRIME VICTIMS FUND subject in place should be retained by the jurisdiction’’ shall include— MADE THROUGH THE CRIMINAL host agency. (A) the Committee on Homeland Security PROSECUTIONS CONDUCTED BY and Governmental Affairs of the Senate; The history of the espionage con- UNITED STATES ATTORNEYS’ sultation requirement is eerily remi- (B) the Committee on Homeland Security of the House of Representatives; OFFICES AND OTHER COMPO- niscent of the lack of consultation that (C) the Select Committee on Intelligence NENTS OF THE DEPARTMENT OF occurred in the case of Abdulmutallab. of the Senate; JUSTICE In espionage cases, Congress has al- (D) the Permanent Select Committee on ready recognized that when valuable Intelligence of the House of Representatives; Mr. CRAPO (for himself, Ms. intelligence is at stake, our national and KLOBUCHAR, and Mr. VITTER) submitted (E) the Committees on Armed Services and security should trump decisions based the following resolution; which was solely on prosecutorial equities. This Judiciary of the Senate and the Committees on Armed Services and Judiciary of the considered and agreed to: requirement must be extended to the House of Representatives. S. RES. 391 most significant threat facing our Na- (2) ACT OF WAR, TERRORISM, MATERIAL SUP- tion, and that is the threat of ter- PORT TO TERRORISTS.—The terms ‘‘act of Whereas the Victims of Crime Act of 1984 rorism. war’’, ‘‘terrorism’’, and ‘‘material support to had its 25th anniversary in 2009; I encourage the Senate to act quickly terrorists’’ shall have the meanings given Whereas for 25 years, the Victims of Crime on this important legislation. The such terms in title 18, United States Code. Act of 1984 has provided funds to States for changes proposed are modest. They (e) SAVINGS CLAUSE.—Nothing in this sec- victim assistance and compensation pro- tion shall prevent the Attorney General, or make common sense. But the con- grams to support victims of crime and those any officer or employee of the Department of affected by violent crimes; sequences could be a matter of life and Justice, from apprehending or detaining an Whereas the Victims of Crime Act of 1984 death. individual as authorized by the Constitution enables approximately 4,400 community- Mr. President, I ask unanimous con- or laws of the United States except to the ex- based public and private programs to offer sent that the text of the bill be printed tent that activities incident to such appre- services to victims of crime, including crisis hension or detention are specifically identi- in the RECORD. intervention, counseling, guidance, legal ad- fied in subsection (a). There being no objection, the text of vocacy, and transportation shelters; the bill was ordered to be printed in f Whereas the Victims of Crime Act of 1984 provides assistance and monetary support to the RECORD, as follows: SUBMITTED RESOLUTIONS S. 2943 over 4,000,000 victims of crime each year; Whereas the Crime Victims Fund estab- Be it enacted by the Senate and House of Rep- lished under the Victims of Crime Act of 1984 resentatives of the United States of America in SENATE RESOLUTION 390—PROHIB- provides direct services to victims of sexual Congress assembled, ITING TEXT MESSAGING BY EM- assault, domestic violence, child abuse, sur- SECTION 1. CONSULTATION REQUIREMENT. PLOYEES OF THE SENATE WHILE vivors of homicide victims, elderly victims (a) IN GENERAL.—Subject to subsection (b), DRIVING ON OFFICIAL BUSINESS of abuse or neglect, victims of drunk drivers, no action shall be taken by the Attorney and other such crimes; General, or any officer or employee of the Mr. CASEY (for himself, Mr. SCHU- Whereas in 2008, with financial support Department of Justice, to— MER, and Mr. ROCKEFELLER) submitted from the Victims of Crime Act of 1984, State (1) initiate a custodial interrogation of; or the following resolution; which was re- crime victim compensation programs paid a (2) file a civilian criminal complaint, infor- ferred to the Committee on Rules and total of $432,000,000 to 151,643 victims of vio- mation, or indictment against; Administration: lent crime; any foreign person detained by the United S. RES. 390 Whereas since the establishment of the States Government because they may have Resolved, Crime Victims Fund in 1984, non-taxpayer of- engaged in conduct constituting an act of SECTION 1. PROHIBITION ON TEXT MESSAGING fender-generated funds deposited into the war against the United States, terrorism, or BY EMPLOYEES OF THE SENATE Crime Victims Fund have been used to pro- material support to terrorists, or activities WHILE DRIVING ON OFFICIAL BUSI- vide almost $7,500,000,000 to State crime vic- in preparation therefor. NESS. tim assistance programs and State crime (b) CONSULTATION.— (a) DEFINITIONS.—In this resolution— victim compensation programs; (1) IN GENERAL.—Subject to paragraph (2), (1) the term ‘‘employee of the Senate’’ the Attorney General shall consult with the means any employee whose pay is disbursed Whereas the Victims of Crime Act of 1984 Director of National Intelligence, the Direc- by the Secretary of the Senate; and also supports services to victims of Federal tor of the National Counterterrorism Center, (2) the term ‘‘text messaging’’ means read- crimes, by providing funds for victims and the Secretary of Homeland Security, and the ing from or entering data into any handheld witness coordinators in United States Attor- Secretary of Defense prior to taking any ac- or other electronic device, including for the neys’ offices, Federal Bureau of Investiga- tion identified in subsection (a). purpose of SMS texting, e-mailing, instant tion victim-assistance specialists, and the (2) PRESIDENTIAL DIRECTION.—If, following messaging, obtaining navigational informa- Federal Victim Notification System; and consultation under paragraph (1), the Direc- tion, or engaging in any other form of elec- Whereas the Victims of Crime Act of 1984 tor of National Intelligence, the Director of tronic data retrieval or electronic data com- also supports important improvements in the National Counterterrorism Center, the munication. the victim services field through grants for Secretary of Homeland Security, or the Sec- (b) PROHIBITION.—An employee of the Sen- training and technical assistance and evi- retary of Defense believe that any action ate may not engage in text messaging dence-based demonstration projects: Now, identified in subsection (a) and proposed by when— therefore, be it the Attorney General may prevent the col- (1) driving a Government owned or leased lection of intelligence related to terrorism vehicle; Resolved, That the Senate recognizes— or threats of violence against the United (2) driving a privately owned or leased ve- (1) the 25th anniversary of the enactment States or its citizens, the Attorney General hicle while on official business; or of the Victims of Crime Act of 1984 (42 U.S.C. may not initiate such action without specific (3) using text messaging equipment pro- 10601 et seq.); and direction from the President. vided by any office or committee of the Sen- (2) the substantial contributions to the (c) ANNUAL REPORT.—The Attorney Gen- ate while driving any vehicle at any time. Crime Victims Fund made through the eral shall report annually to appropriate (c) EFFECTIVE DATE AND APPLICATION.— criminal prosecutions conducted by United committees of jurisdiction regarding the This resolution shall apply to the 111th Con- States Attorneys’ offices and other compo- number of occasions on which direction was gress and each Congress thereafter. nents of the Department of Justice.

VerDate Nov 24 2008 04:03 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.067 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S127 SENATE RESOLUTION 392—EX- patched the 82nd Airborne Division, a Marine SENATE RESOLUTION 393—RECOG- PRESSING THE SENSE OF THE Expeditionary Unit, the USS Carl Vinson, the NIZING THE CONTRIBUTIONS OF SENATE ON THE HUMANITARIAN USS Bataan, the United States Navy hos- THE AMERICAN KENNEL CLUB CATASTROPHE CAUSED BY THE pital ship, the USS Comfort, and several Dis- aster Assistant Response Teams, to aid in re- Mrs. HAGAN (for herself and Mr. JANUARY 12, 2010 EARTHQUAKE BURR) submitted the following resolu- IN HAITI lief efforts; Whereas the international community, tion; which was referred to the Com- Mr. KERRY (for himself, Mr. LUGAR, which has generously provided security, de- mittee on the Judiciary: Mr. NELSON of Florida, Mr. DODD, Mr. velopment, and humanitarian assistance to S. RES. 393 LEAHY, Mr. MENENDEZ, Mr. BURRIS, Ms. Haiti, has suffered a substantial blow during Whereas the American Kennel Club (AKC), STABENOW, Mr. SANDERS, Mr. BENNET, the earthquake with the collapse of the headquartered in New York City, with an op- Ms. MIKULSKI, Mr. DORGAN, Mr. JOHN- headquarters of the United Nations Sta- erations center in Raleigh, North Carolina, SON, Mr. DURBIN, Mr. UDALL of New bilization Mission in Haiti with approxi- was founded in 1884, operates the world’s Mexico, Mr. BAUCUS, Mr. BROWN, Mrs. mately 150 staff members inside, including largest registry of purebred dogs and is the Nation’s leading not-for-profit organization MURRAY, Mr. NELSON of Nebraska, Mr. the head of the mission, He´di Annabi, rep- devoted to the advancement, study, respon- HARKIN, Mr. CARPER, Mr. LAUTENBERG, resenting the largest single loss of life in sible breeding, care, and ownership of dogs; United Nations history; and Mr. KIRK, Mr. BEGICH, Mr. BAYH, Mr. Whereas the American Kennel Club ap- Whereas, despite the aforementioned WYDEN, Ms. KLOBUCHAR, Ms. CANTWELL, proves, sanctions, and regulates the events Mrs. FEINSTEIN, Mrs. SHAHEEN, Mr. losses, the United Nations continues to co- of its 609 member clubs and monitors more CASEY, Mr. CARDIN, Ms. LANDRIEU, Mrs. ordinate efforts on the ground in Haiti, and than 4000 licensed and sanctioned clubs GILLIBRAND, Mr. KOHL, Mr. INOUYE, Mr. the United Nations Secretary General Ban throughout the United States who hold Ki-Moon has pledged that ‘‘the community AKAKA, Mr. FEINGOLD, Mr. WHITEHOUSE, events under American Kennel Club rules of nations will unite in its resolve and help Mrs. HAGAN, Mr. REED, Mr. CORKER, and regulations; Haiti to overcome this latest trauma and Whereas in 2008, the American Kennel Club Mr. ROCKEFELLER, Mr. BARRASSO, Mr. begin the work of social and economic recon- sanctioned or regulated 22,630 sporting ISAKSON, Mr. KAUFMAN, and Mr. REID) struction that will carry this proud nation events that included breed conformation, submitted the following resolution; forward.’’. agility, obedience, earthdog, herding, field which was considered and agreed to: Now, therefore, be it trial, retrieving, pointing, tracking, and S. RES. 392 coonhound events; Resolved, That the Senate— Whereas the American Kennel Club honors Whereas, on January 12, 2010, an earth- (1) expresses profound sympathy to, and quake measuring 7.0 on the Richter scale and the canine-human bond, advocates for the unwavering support for, the people of Haiti, its aftershocks devastated Port-au-Prince, purebred dog as a family companion, ad- Haiti and the surrounding areas, killing po- who have suffered over many years and face vances canine health and well-being, works tentially 100,000 people, injuring hundreds of catastrophic conditions in the aftermath of to protect the rights of all dog owners, and thousands more people, and leaving many the January 12, 2010 earthquake, and sym- promotes responsible dog ownership; hundreds of thousands of people homeless; pathy to the members of the international Whereas the American Kennel Club pro- Whereas Haiti, which is the poorest coun- community in Haiti, including the staff of motes responsible dog ownership and breed- try in the Western Hemisphere, has an esti- the United States Embassy in Port-au- ing practices and supports thousands of vol- mated 54 percent of its population living on Prince; unteers and teachers from affiliated clubs less than $1 per day, 120,000 people living (2) applauds the rapid and concerted mobi- across the country who teach responsible dog with HIV, 29,333 new cases of Tuberculosis lization by President Obama to provide im- ownership and safety around dogs; reported in 2007, and nearly 400,000 children mediate emergency humanitarian assistance Whereas the American Kennel Club found- living in orphanages; to Haiti, and the leadership of Secretary of ed and supports the AKC Humane Fund, Whereas, despite the heroic efforts of the State Clinton, USAID Administrator Shah, which promotes the joy and value of respon- Haitian people and the support of the inter- and General Fraser of the United States sible pet ownership by supporting breed res- national community, Haiti remains seriously Southern Command in marshaling United cue activities, educating adults and children weakened by prior natural disasters, includ- States Government resources and personnel about responsible dog ownership, and assist- ing an unprecedented string of devastating to address both the short- and long-term cri- ing human-services organizations that per- tropical storms in 2008 that left almost 500 mit domestic abuse victims access to shel- ses in Haiti; Haitians dead and affected hundreds of thou- ters with their pets; (3) urges that all appropriate efforts be sands more people during an acute food cri- Whereas the American Kennel Club trains made to secure the safety of Haitian or- sis; and employs kennel inspectors and conducts Whereas these disasters have grievously phans; over 5,200 kennel inspections each year; undermined Haiti’s struggle to rebuild its in- (4) urges that all appropriate efforts be Whereas the American Kennel Club pro- frastructure and to restore critical services made to sustain assistance to Haiti beyond motes responsible dog ownership, care, and related to health, education, poverty, and the immediate humanitarian crisis to help handling of dogs to over 21,000 youths ages 9 hunger to create effective governmental and the Haitian people with appropriate humani- to 18 years old enrolled in its National Jun- nongovernmental institutions; tarian, developmental, and infrastructure as- ior Organization; Whereas Haiti has struggled for many sistance needed to overcome the effects of Whereas the American Kennel Club is the years to overcome systemic threats to public past disasters and the earthquake, and to se- largest purebred dog registry in the world health and shortages of food, potable water, cure a more stable and sustainable future; and the only registry that incorporates and cooking fuel, significant environmental (5) expresses appreciation for the inter- health screening results into its permanent degradation, and political and economic fra- national community’s ongoing and renewed dog records; gility; commitment to Haiti’s security and recov- Whereas the American Kennel Club offers Whereas, on January 13, 2010, President ery; the largest and most comprehensive set of Obama stated, ‘‘I have directed my adminis- (6) acknowledges the profound sympathy of DNA programs for the purposes of parentage tration to respond with a swift, coordinated, the people of the United States for the fami- verification and genetic identity to ensure and aggressive effort to save lives. The peo- lies and colleagues of United Nations offi- reliable registration records; ple of Haiti will have the full support of the cials who lost their lives and the continued Whereas the American Kennel Club created United States in the urgent effort to rescue and supports the Canine Health Foundation support for the peacekeepers who are work- those trapped beneath the rubble, and to de- (CHF), which funds research projects focus- ing around the clock to provide critical hu- liver the humanitarian relief—the food, ing on the genetics of disease, the canine ge- manitarian support for all those affected by water, and medicine—that Haitians will need nome map, and clinical studies, and has do- in the coming days.’’; the earthquake; nated over $22,000,000 to the CHF since 1995; Whereas on January 13, 2010, Rajiv Shah, (7) urges all nations to commit to assisting Whereas the American Kennel Club created the Director of the United States Agency for the people of Haiti with their long-term and operates DOGNY: America’s Tribute to International Development stated that the needs; and Search and Rescue Dogs, which supports ca- United States Government is ‘‘working ag- (8) expresses support for the United States nine search and rescue organizations across gressively and in a highly coordinated way Embassy team in Port-au-Prince, members the United States; across the Federal Government to bring all of the United States Coast Guard, United Whereas the American Kennel Club annu- of the assets and capacities we have to bear States Armed Forces, and other United ally awards $170,000 in scholarships to veteri- to quickly and effectively provide as much States Government agencies who are val- nary and veterinary technical students; assistance as possible.’’; iantly rescuing thousands of United States Whereas the American Kennel Club has re- Whereas, on January 14, 2010, President citizens and Haitians under extremely ad- united more than 340,000 lost pets and their Obama pledged $100,000,000 in immediate as- verse conditions. owners through the AKC Companion Animal sistance to the people of Haiti, and dis- Recovery (CAR) program;

VerDate Nov 24 2008 04:03 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JA6.062 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S128 CONGRESSIONAL RECORD — SENATE January 21, 2010 Whereas the American Kennel Club estab- cating world class physicians and scientists, ment to amendment SA 3299 proposed lished the AKC Canine Good Citizen pro- sponsoring cutting edge medical research, by Mr. BAUCUS (for Mr. REID) to the gram, which certifies dogs with good man- and providing highly specialized clinical joint resolution H.J. Res. 45, Official ners at home and in the community; care; and Title Not Available; as follows: Whereas the American Kennel Club main- (3) directs the Secretary of the Senate to tains the world’s largest dog library and the transmit an enrolled copy of this resolution At the appropriate place, insert the fol- lowing: Museum of the Dog in St. Louis, which to the Feinberg School of Medicine for ap- houses one of the world’s largest collections propriate display. SEC. ll. BIPARTISAN TASK FORCE FOR RESPON- SIBLE FISCAL ACTION ACT OF 2010. of dog-related fine art and artifacts, both of Mr. BURRIS. Mr. President, 150 years (a) SHORT TITLE.—This section may be which are open to the public; and ago, a group of outstanding doctors as- cited as the ‘‘Bipartisan Task Force for Re- Whereas the American Kennel Club cele- sembled to establish a new medical sponsible Fiscal Action Act of 2010’’. brates its 125th anniversary this year: Now, school, which would offer the first (b) ESTABLISHMENT OF TASK FORCE.—Title therefore, be it III of the Congressional Budget Act of 1974 (2 Resolved, That the Senate honors the graded medical curriculum in the his- tory of the U.S. U.S.C. 631 et seq.) is amended by adding at American Kennel Club for its service to dog the end the following new section: owners and the United States public. This medical college eventually be- came a part of the world-renowned ‘‘ESTABLISHMENT OF TASK FORCE FOR RESPONSIBLE FISCAL ACTION f Northwestern University—located just ‘‘SEC. 316. (a) DEFINITIONS.—In this section: outside of Chicago, IL—and grew to be- SENATE RESOLUTION 394—CON- ‘‘(1) TASK FORCE.—The term ‘Task Force’ GRATULATING THE NORTH- come one of the most prominent med- means the Bipartisan Task Force for Respon- WESTERN UNIVERSITY ical schools in the Nation. sible Fiscal Action established under sub- FEINBERG SCHOOL OF MEDICINE Today, it is known as the Feinberg section (b)(1). FOR ITS 150 YEARS OF COMMIT- School of Medicine, and it stands at ‘‘(2) TASK FORCE BILL.—The term ‘Task MENT TO ADVANCING SCIENCE the forefront of education, research, Force bill’ means a bill consisting of the pro- AND IMPROVING HEALTH clinical care, and many related fields. posed legislative language of the Task Force Today I am proud to join the stu- recommended under subsection (b)(3)(B) and Mr. BURRIS (for himself and Mr. dents, faculty and staff of the Feinberg introduced under subsection (e)(1). DURBIN) submitted the following reso- School in celebrating 150 years of ex- ‘‘(3) FISCAL IMBALANCE.—The term ‘fiscal imbalance’ means the gap between the pro- lution; which was referred to the Com- cellence. mittee on the Judiciary: jected revenues and expenditures of the Fed- Thanks to their fine work and their eral Government. S. RES. 394 lasting commitment to the highest ‘‘(b) ESTABLISHMENT OF TASK FORCE.— Whereas, on March 12, 1859, the origins of standards of medical care, thousands of ‘‘(1) ESTABLISHMENT.—There is established Northwestern University Feinberg School of lives have been saved. in the legislative branch a task force to be Medicine began with Drs. Hosmer A. John- Countless patients have received known as the ‘Bipartisan Task Force for Re- son, Edmund Andrews, Ralph N. Isham, and high-quality treatment from some of sponsible Fiscal Action’. David Rutter signing an agreement to estab- the most skilled caregivers in the med- ‘‘(2) PURPOSES.— lish the medical department of Lind Univer- ical profession. ‘‘(A) REVIEW.—The Task Force shall review sity, which provided the first graded cur- At the same time, the Feinberg the fiscal imbalance of the Federal Govern- riculum in a medical school in the United School has prepared the next genera- ment, including— States; ‘‘(i) analyses of projected Federal expendi- Whereas, on October 9, 1859, the medical tion of leaders, innovators, and re- tures; school marked its first session; searchers, who will shape the course of ‘‘(ii) analyses of projected Federal reve- Whereas, on April 26, 1864, the medical de- healthcare in this country for genera- nues; and partment of Lind University became Chicago tions to come. ‘‘(iii) analyses of the current and long-term Medical College; I would ask my colleagues to join actuarial financial condition of the Federal Whereas in 1870, Chicago Medical College with me in celebrating the hundred and Government. entered into an agreement with North- fiftieth anniversary of this outstanding ‘‘(B) IDENTIFY FACTORS.—The Task Force western University to serve as the Depart- institution, which is located in my shall identify factors that affect the long- ment of Medicine for the University; home state of Illinois. term fiscal imbalance of the Federal Govern- Whereas in 2002, the Northwestern Univer- Along with my good friend Senator ment. sity Board of Trustees renamed the medical ‘‘(C) ANALYZE POTENTIAL COURSES OF AC- DURBIN, I am proud to offer a Senate school in honor of benefactor Reuben TION.—The Task Force shall analyze poten- Feinberg; Resolution to mark this momentous tial courses of action to address factors that Whereas the Feinberg School of Medicine occasion, and to shine a spotlight on affect the long-term fiscal imbalance of the is one of the pre-eminent medical schools in one of the finest medical schools in the Federal Government. the Nation, producing the next generation of United States. ‘‘(D) PROVIDE RECOMMENDATIONS AND LEGIS- leaders in medical and related fields through As we are all well aware, health care LATIVE LANGUAGE.—The Task Force shall its innovative research and educational pro- is one of the most important issues in provide recommendations and legislative grams; America today. language that will significantly improve the Whereas the Feinberg School of Medicine But quite apart from the contentious long-term fiscal imbalance of the Federal supports the provision of the highest stand- debate that continues to capture so Government, which— ard of clinical care by its clinical affiliates much national attention, it is vital to ‘‘(i) may include recommendations ad- for their patients; dressing— Whereas the Feinberg School of Medicine recognize the exemplary work of insti- ‘‘(I) Federal expenditures; is cited annually in national college tutions such as this one. ‘‘(II) Federal revenues; and rankings as one of the top medical schools I invite my colleagues on both sides ‘‘(III) the current and long-term actuarial for research; of the aisle to come together to recog- financial condition of the Federal Govern- Whereas Feinberg School of Medicine nize the tremendous track record of ment; and alumni are leaders in their fields; the Feinberg School of Medicine, and ‘‘(ii) may not make recommendations Whereas the Feinberg School of Medicine their continuing contributions to modifying the Standing Rules of the Senate. is a leader in aligning experts from various health care services. ‘‘(3) DUTIES.— disciplines to create a collaborative research ‘‘(A) IN GENERAL.—The Task Force shall enterprise that explores the fertile discovery f address the Nation’s long-term fiscal imbal- space between disciplines; and AMENDMENTS SUBMITTED AND ances, consistent with the purposes described Whereas Feinberg School of Medicine fac- PROPOSED in paragraph (2), and shall submit the report ulty are nationally and internationally and recommendations required under sub- prominent physicians and scientists who SA 3302. Mr. CONRAD (for himself and Mr. paragraph (B). have an impact on the most pressing medical GREGG) proposed an amendment to amend- ‘‘(B) REPORT, RECOMMENDATIONS, AND LEG- and research issues: Now, therefore, be it ment SA 3299 proposed by Mr. BAUCUS (for ISLATIVE LANGUAGE.— Resolved, That the Senate— Mr. REID) to the joint resolution H.J. Res. 45, ‘‘(i) IN GENERAL.—Not earlier than Novem- (1) congratulates the Feinberg School of Official Title Not Available. ber 3, 2010, and not later than November 9, Medicine on the momentous occasion of its f 2010, the Task Force shall vote on a report 150th anniversary, and expresses best wishes TEXT OF AMENDMENTS that contains— for continued success; ‘‘(I) a detailed statement of the findings, (2) recognizes and commends the Feinberg SA 3302. Mr. CONRAD (for himself conclusions, and recommendations of the School of Medicine for its dedication to edu- and Mr. GREGG) proposed an amend- Task Force;

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‘‘(II) the assumptions, scenarios, and alter- Force. However, members may be allowed ‘‘(G) INFORMATION.— natives considered in reaching such findings, travel expenses, including per diem in lieu of ‘‘(i) RESOURCES.— conclusions, and recommendations; and subsistence, in accordance with sections 5702 ‘‘(I) IN GENERAL.—Notwithstanding section ‘‘(III) proposed legislative language to and 5703 of title 5, United States Code, while 1108 of title 31, United States Code, the Task carry out such recommendations as de- away from their homes or regular places of Force shall have authority to access assist- scribed in paragraph (2)(D). business in performance of services for the ance, materials, resources, statistical data, ‘‘(ii) APPROVAL OF REPORT.—The report of Task Force. and other information the Task Force deter- the Task Force submitted under clause (i) ‘‘(5) ADMINISTRATION.— mines to be necessary to carry out its duties shall require the approval of not fewer than ‘‘(A) AUTHORITY TO ESTABLISH RULES AND directly from an officer or employee of any 14 of the 18 members of the Task Force. REGULATIONS.—The Co-Chairs, in consulta- executive department, bureau, agency, ‘‘(iii) ADDITIONAL VIEWS.—A member of the tion with the other members of the Task board, commission, office, independent es- Task Force who gives notice of an intention Force, may establish rules and regulations tablishment, or instrumentality of the Gov- to file supplemental, minority, or additional for the conduct of Task Force business, if ernment, including the Library of Congress, views at the time of final Task Force ap- such rules and regulations are not incon- the Chief Actuary of the Social Security Ad- proval of the report under clause (ii), shall be sistent with this section or other applicable ministration, the Chief Actuary of the Cen- entitled to not less than 3 calendar days in law. ters for Medicare & Medicaid Services, the which to file such views in writing with the ‘‘(B) QUORUM.—Fourteen members of the Congressional Budget Office, the Department staff director of the Task Force. Such views Task Force shall constitute a quorum for of the Treasury, the Department of Health shall then be included in the Task Force re- purposes of voting, meeting, and holding and Human Services, the Office of Manage- port and printed in the same volume, or part hearings. ment and Budget, the Government Account- thereof, and their inclusion shall be noted on ‘‘(C) VOTING.— ability Office, and the Joint Committee on the cover of the report. In the absence of ‘‘(i) PROXY VOTING.—No proxy voting shall Taxation. Each agency or instrumentality timely notice, the Task Force report may be be allowed on behalf of the members of the shall, to the extent permitted by law, furnish printed and transmitted immediately with- Task Force. such information to the Task Force upon out such views. ‘‘(ii) REPORT, RECOMMENDATIONS AND LEGIS- written request of the Co-Chairs. ‘‘(iv) TRANSMISSION OF REPORT.—No later LATIVE LANGUAGE.— ‘‘(II) COPIES SUPPLIED.—Copies of written than November 15, 2010, the Task Force shall ‘‘(I) DATES.—The Task Force may not vote requests and all written or electronic re- submit the Task Force bill and final report on any version of the report, recommenda- sponses provided under this clause shall be to the President, the Vice President, the tions, or legislative language before the tim- provided to the staff director and shall be Speaker of the House, and the Majority and ing provided for in paragraph (3)(B)(i). made available for review by all members of Minority Leaders of both Houses. ‘‘(II) CONGRESSIONAL BUDGET OFFICE AND the Task Force upon request. ‘‘(v) REPORT TO BE MADE PUBLIC.—Upon the JOINT COMMITTEE ON TAXATION ESTIMATES.— ‘‘(ii) RECEIPT, HANDLING, STORAGE, AND DIS- approval or disapproval of the Task Force re- The Congressional Budget Office and Joint SEMINATION OF INFORMATION.—Information port pursuant to clause (ii), the Task Force Committee on Taxation shall provide esti- shall only be received, handled, stored, and shall promptly make the full report, and a mates of the Task Force report and rec- disseminated by members of the Task Force record of the vote, available to the public. ommendations (as described in subsection and its staff consistent with all applicable ‘‘(4) MEMBERSHIP.— (b)(2)(D)) in accordance with section 308(a) statutes, regulations, and Executive orders. ‘‘(A) IN GENERAL.—The Task Force shall be and 201(f) of the Congressional Budget Act of ‘‘(iii) LIMITATION OF ACCESS TO TAX INFOR- composed of 18 members designated pursuant 1974. The Task Force may not vote on any MATION.—Information accessed under this to subparagraph (B). version of the report, recommendations, or subparagraph shall not include tax data from ‘‘(B) DESIGNATION.—Members of the Task legislative language unless a final estimate the United States Internal Revenue Service, Force shall be designated as follows: is available for consideration by all the the release of which would otherwise be in ‘‘(i) The President shall designate 2 mem- members at least 72 hours prior to the vote. violation of law. bers, one of whom shall be the Secretary of ‘‘(D) MEETINGS.— ‘‘(H) POSTAL SERVICES.—The Task Force the Treasury, and the other of whom shall be ‘‘(i) INITIAL MEETING.—Not later than 45 may use the United States mails in the same an officer of the executive branch. days after the date of enactment of this sec- manner and under the same conditions as ‘‘(ii) The majority leader of the Senate tion, the Task Force shall hold its first other departments and agencies of the Fed- shall designate 4 members from among Mem- meeting. eral Government. bers of the Senate. ‘‘(ii) MEETINGS.—The Task Force shall ‘‘(I) ASSISTANCE FROM FEDERAL AGENCIES.— ‘‘(iii) The minority leader of the Senate meet at the call of the Co-Chairs or at least ‘‘(i) GENERAL SERVICES ADMINISTRATION.— shall designate 4 members from among Mem- 10 of its members. Upon the request of the Co-Chairs of the bers of the Senate. ‘‘(iii) AGENDA.—An agenda shall be pro- Task Force, the Administrator of General ‘‘(iv) The Speaker of the House of Rep- vided to the Task Force members at least 1 Services shall provide to the Task Force, on resentatives shall designate 4 members from week in advance of any meeting. Task Force a reimbursable basis, the administrative sup- among Members of the House of Representa- members who want to have items placed on port services necessary for the Task Force to tives. the agenda for consideration shall notify the carry out its responsibilities under this sec- ‘‘(v) The minority leader of the House of staff director as early as possible, but not tion. These administrative services may in- Representatives shall designate 4 members less than 48 hours in advance of a scheduled clude human resources management, budget, from among Members of the House of Rep- meeting. leasing, accounting, and payroll services. resentatives. ‘‘(E) HEARINGS.— ‘‘(ii) OTHER DEPARTMENTS AND AGENCIES.— ‘‘(C) CO-CHAIRS.— ‘‘(i) IN GENERAL.—Subject to subparagraph In addition to the assistance prescribed in ‘‘(i) IN GENERAL.—There shall be 2 Co- (G), the Task Force may, for the purpose of clause (i), departments and agencies of the Chairs of the Task Force. The President, ma- carrying out this section, hold such hear- United States may provide to the Task Force jority leader of the Senate, and Speaker of ings, sit and act at such times and places, such services, funds, facilities, staff, and the House shall designate one Co-Chair take such testimony, receive such evidence, other support services as they may deter- among the members of the Task Force. The and administer such oaths the Task Force mine advisable and as may be authorized by minority leader of the Senate and minority considers advisable. law. leader of the House shall designate the sec- ‘‘(ii) HEARING PROCEDURES AND RESPON- ‘‘(J) CONTRACT AUTHORITY.—The Task ond Co-Chair among the members of the SIBILITIES OF CO-CHAIRS.— Force is authorized to enter into contracts Task Force. The Co-Chairs shall be ap- ‘‘(I) ANNOUNCEMENT.—The Task Force Co- with Federal and State agencies, private pointed not later than 14 days after the date Chairs shall make public announcement of firms, institutions, and individuals for the of enactment of this section. the date, place, time, and subject matter of conduct of activity necessary to the dis- ‘‘(ii) STAFF DIRECTOR.—The Co-Chairs, act- any hearing to be conducted at least 1 week charge of its duties and responsibilities. A ing jointly, shall hire the staff director of in advance of such hearing, unless the Co- contract, lease, or other legal agreement en- the Task Force. Chairs determine that there is good cause to tered into by the Task Force may not extend ‘‘(D) DATE.—Members of the Task Force begin such hearing at an earlier date. beyond the date of the termination of the shall be designated by not later than 14 days ‘‘(II) WRITTEN STATEMENT.—A witness ap- Task Force. after the date of enactment of this section. pearing before the Task Force shall file a ‘‘(c) STAFF OF TASK FORCE.— ‘‘(E) PERIOD OF DESIGNATION.—Members written statement of proposed testimony at ‘‘(1) APPOINTMENT AND COMPENSATION OF shall be designated for the life of the Task least 2 days prior to appearance, unless the SHARED STAFF.—The Co-Chairs may appoint Force. Any vacancy in the Task Force shall requirement is waived by the Co-Chairs, fol- and fix the compensation of a staff director not affect its powers, but shall be filled not lowing their determination that there is and such other personnel as may be nec- later than 14 days after the date on which good cause for failure of compliance. essary to enable the Task Force to carry out the vacancy occurs in the same manner as ‘‘(F) TECHNICAL ASSISTANCE.—Upon written its functions, without regard to the provi- the original designation. request of the Co-Chairs, a Federal agency sions of title 5, United States Code, gov- ‘‘(F) COMPENSATION.—Members of the Task shall provide technical assistance to the erning appointments in the competitive Force shall serve without any additional Task Force in order for the Task Force to service, but at rates not to exceed the daily compensation for their work on the Task carry out its duties. rate paid a person occupying a position at

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level III of the Executive Schedule under sec- or outside public government may petition ‘‘(i) PROCEEDING TO CONSIDERATION.—It tion 5314 of title 5, United States Code. the Co-Chairs for a waiver from provisions of shall be in order, not later than 2 days of ses- ‘‘(2) ADDITIONAL STAFF FOR TASK FORCE Senate Ethics rules. sion after the date on which a Task Force MEMBERS.—Each member of the Task Force ‘‘(9) ADVISORY PANEL.—The Task Force bill is reported or discharged from all com- may appoint up to 2 additional dedicated may establish an advisory panel consisting mittees to which it was referred, for the ma- staff and fix the compensation of such dedi- of volunteers with knowledge and expertise jority leader of the House of Representatives cated personnel without regard to the provi- relevant to the Task Force’s purpose. Mem- or the majority leader’s designee, to move to sions of title 5, United States Code, gov- bership of the Advisory Panel, and the scope proceed to the consideration of the Task erning appointments in the competitive of the Panel’s activities, shall be decided by Force bill. It shall also be in order for any service, but at rates not to exceed the daily the Co-Chairs in consultation with the other Member of the House of Representatives to rate paid a person occupying a position at members of the Task Force. move to proceed to the consideration of the ‘‘(d) TERMINATION.— level III of the Executive Schedule under sec- Task Force bill at any time after the conclu- tion 5314 of title 5, United States Code. Dedi- ‘‘(1) IN GENERAL.—The Task Force shall sion of such 2-day period. All points of order cated staff shall report to each appointing terminate on the date that is 90 days after against the motion are waived. Such a mo- member. the Task Force submits the report required tion shall not be in order after the House has ‘‘(3) PERSONNEL AS FEDERAL EMPLOYEES.— under paragraph (b)(3)(B). disposed of a motion to proceed on the Task ‘‘(A) IN GENERAL.—The staff director and ‘‘(2) CONCLUDING ACTIVITIES.—The Task any personnel of the Task Force who are em- Force may use the 90-day period referred to Force bill. The previous question shall be ployees shall be employees under section 2105 in paragraph (1) for the purpose of con- considered as ordered on the motion to its of title 5, United States Code, for purposes of cluding its activities, including providing adoption without intervening motion. The chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that testimony to committees of Congress con- motion shall not be debatable. A motion to title. cerning its report and disseminating the reconsider the vote by which the motion is ‘‘(B) MEMBERS OF TASK FORCE.—Subpara- final report. disposed of shall not be in order. graph (A) shall not be construed to apply to ‘‘(e) EXPEDITED CONSIDERATION OF TASK ‘‘(ii) CONSIDERATION.—The Task Force bill members of the Task Force. FORCE RECOMMENDATIONS.— shall be considered as read. All points of ‘‘(4) OUTSIDE CONSULTANTS.—No outside ‘‘(1) INTRODUCTION.— order against the Task Force bill and against consultants or other personnel, either by ‘‘(A) RECONVENING.— its consideration are waived. The previous contract, detail, volunteer, or through a re- ‘‘(i) IN THE HOUSE OF REPRESENTATIVES.— question shall be considered as ordered on munerative agreement, may be hired with- Upon receipt of a report under subsection the Task Force bill to its passage without in- out the approval of the Co-Chairs. (b)(3)(B), the Speaker, if the House would tervening motion except 100 hours of debate ‘‘(5) DETAILEES.—With the approval of the otherwise be adjourned, shall notify the equally divided and controlled by the pro- Co-Chairs any Federal Government employee Members of the House that, pursuant to this ponent and an opponent, and any motion to may be detailed to the Task Force with or section, the House shall convene not later limit debate. A motion to reconsider the without reimbursement from the Task than November 23, 2010. vote on passage of the Task Force bill shall Force, and such detailee shall retain the ‘‘(ii) IN THE SENATE.— not be in order. rights, status, and privileges of his or her ‘‘(I) CONVENING.—Upon receipt of a report ‘‘(iii) APPEALS.—Appeals from decisions of regular employment without interruption. under subsection (b)(3)(B), if the Senate has the chair relating to the application of the Reimbursable amounts may include the fair adjourned or recessed for more than 2 days, Rules of the House of Representatives to the value of equipment and supplies used by the the majority leader of the Senate, after con- procedure relating to a Task Force bill shall detailee in support of the Task Force’s ac- sultation with the minority leader of the be decided without debate. tivities. For the purpose of this paragraph, Senate, shall notify the Members of the Sen- ‘‘(iv) APPLICATION OF HOUSE RULES.—Except Federal Government employees shall include ate that, pursuant to this section, the Senate to the extent specifically provided in para- employees of the legislative branch. shall convene not later than November 23, graph (2)(A), consideration of a Task Force ‘‘(6) CONSULTANT SERVICES.—The Co-Chairs 2010. bill shall be governed by the Rules of the ‘‘(II) ADJOURNING.—No concurrent resolu- of the Task Force are authorized to procure House of Representatives. It shall not be in tion adjourning the Senate for more than 3 the services of experts and consultants in ac- order in the House of Representatives to con- days shall be in order until the Senate votes cordance with section 3109 of title 5, United sider any Task Force bill introduced pursu- on passage of the Task Force bill under para- States Code, but at rates not to exceed the ant to the provisions of this subsection graph (2)(B)(iv). daily rate paid a person occupying a position under a suspension of the rules pursuant to ‘‘(B) INTRODUCTION OF TASK FORCE BILL.— at level III of the Executive Schedule under Clause 1 of House Rule XV, or under a special The proposed legislative language contained section 5316 of title 5, United States Code. rule reported by the House Committee on ‘‘(7) TEMPORARY AND INTERMITTENT SERV- in the report submitted pursuant to sub- Rules. ICES.—The Co-Chairs of the Task Force may section (b)(3)(B), upon receipt by the Con- ‘‘(v) NO AMENDMENTS.—No amendment to procure temporary and intermittent services gress, shall be introduced not later than No- the Task Force bill shall be in order in the under section 3109(b) of title 5, United States vember 23, 2010, in the Senate and in the House of Representatives. Code, at rates for individuals which do not House of Representatives by the majority ‘‘(vi) VOTE ON PASSAGE.—Immediately fol- exceed the daily equivalent of the annual leader of each House of Congress, for himself, rate of basic pay prescribed for level III of the minority leader of each House of Con- lowing the conclusion of consideration of the the Executive Schedule under section 5316 of gress, for himself, or any member of the Task Force bill, the vote on passage of the such title. House designated by the majority leader or Task Force bill shall occur without any in- ‘‘(8) VOLUNTEER SERVICES.— minority leader. If the Task Force bill is not tervening action or motion, requiring an af- ‘‘(A) IN GENERAL.—Notwithstanding the introduced in accordance with the preceding firmative vote of three-fifths of the Mem- provisions of section 1342 of title 31, United sentence in either House of Congress, then bers, duly chosen and sworn. If the Task States Code, the Co-Chairs of the Task Force any Member of that House may introduce Force bill is passed, the Clerk of the House of are authorized to accept and utilize the serv- the Task Force bill on any day thereafter. Representatives shall cause the bill to be ices of volunteers serving without compensa- Upon introduction, the Task Force bill shall transmitted to the Senate before the close of tion. The Task Force may reimburse such be referred to the appropriate committees the next day of session of the House. The volunteers for local travel and office sup- under subparagraph (C). vote on passage shall occur not later than plies, and for other travel expenses, includ- ‘‘(C) COMMITTEE CONSIDERATION.—A Task December 23, 2010. ing per diem in lieu of substance, as author- Force bill introduced in either House of Con- ‘‘(vii) VOTE.—The House Committee on ized by section 5703 of title 5, United States gress shall be jointly referred to the com- Rules may not report a rule or order that Code. mittee or committees of jurisdiction and the would have the effect of causing the Task ‘‘(B) EMPLOYEE STATUS.—A person pro- Committee on the Budget of that House, Force bill to be approved by a vote of less viding volunteer services to the Task Force which committees shall report the bill with- than three-fifths of the Members, duly cho- shall be considered an employee of the Fed- out any revision and with a favorable rec- sen and sworn. eral Government in the performance of those ommendation, an unfavorable recommenda- ‘‘(B) FAST TRACK CONSIDERATION IN SEN- services for the purposes of Chapter 81 of tion, or without recommendation, not later ATE.— title 5, United States Code, relating to com- than 7 calendar days after the date of intro- ‘‘(i) IN GENERAL.—Notwithstanding Rule pensation for work-related injuries, chapter duction of the bill in that House, or the first XXII of the Standing Rules of the Senate, it 171 of title 28, United States Code, relating day thereafter on which that House is in ses- is in order, not later than 2 days of session to tort claims and chapter 11 of title 18, sion. If any committee fails to report the bill after the date on which a Task Force bill is United States Code, relating to conflicts of within that period, that committee shall be reported or discharged from all committees interests. automatically discharged from consideration to which it was referred, for the majority ‘‘(C) ETHICAL GUIDELINES FOR STAFF.—In of the bill, and the bill shall be placed on the leader of the Senate or the majority leader’s the absence of statutorily defined coverage, appropriate calendar. designee to move to proceed to the consider- the staff, including staff director, shall fol- ‘‘(2) EXPEDITED PROCEDURES.— ation of the Task Force bill. It shall also be low the ethical rules and guidelines of the ‘‘(A) FAST TRACK CONSIDERATION IN HOUSE in order for any Member of the Senate to Senate. Staff coming from the private sector OF REPRESENTATIVES.— move to proceed to the consideration of the

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The Task Force bill, debate on a veto message in objection, it is so ordered. motion is not subject to a motion to post- the Senate under this section shall be 1 hour COMMITTEE ON ENERGY AND NATURAL pone. A motion to reconsider the vote by equally divided between the majority and RESOURCES which the motion is agreed to or disagreed to minority leaders or their designees. Mr. BAUCUS. Mr. President, I ask shall not be in order. If a motion to proceed ‘‘(3) SUSPENSION.—No motion to suspend unanimous consent that the Com- to the consideration of the Task Force bill is the application of this subsection shall be in mittee on Energy and Natural Re- agreed to, the Task Force bill shall remain order in the Senate or in the House of Rep- the unfinished business until disposed of. resentatives.’’. sources be authorized to meet during ‘‘(ii) DEBATE.—All points of order against (c) FUNDING.—From the amounts appro- the session of the Senate on January the Task Force bill and against consider- priated or made available and remaining un- 21, 2010, at 10 a.m., in room SD–366 of ation of the Task Force bill are waived. Con- obligated under Division A (other than under the Dirksen Senate Office Building. sideration of the Task Force bill and of all title X of Division A) of the American Recov- The PRESIDING OFFICER. Without debatable motions and appeals in connection ery and Reinvestment Act of 2009 (Pub. Law objection, it is so ordered. therewith shall not exceed a total of 100 111-5), there is rescinded pro rata an aggre- COMMITTEE ON FOREIGN RELATIONS hours. Debate shall be divided equally be- gate amount equal to $9,000,000, which tween the Majority and Minority Leaders or amount shall be made available without Mr. BAUCUS. Mr. President, I ask their designees. A motion further to limit need for further appropriation to the Bipar- unanimous consent that the Com- debate on the Task Force bill is in order, tisan Task Force for Responsible Fiscal Ac- mittee on Foreign Relations be author- shall require an affirmative vote of three- tion to carry out the purposes of the Bipar- ized to meet during the session of the fifths of the Members duly chosen and sworn, tisan Task Force for Responsible Fiscal Ac- Senate on January 21, 2010, at 3 p.m., to and is not debatable. Any debatable motion tion, and which shall remain available or appeal is debatable for not to exceed 1 hold a hearing entitled ‘‘Civilian Strat- through fiscal year 2011. Not later than 14 egy for Afghanistan: A Status Report hour, to be divided equally between those fa- days after the date of enactment of this sec- voring and those opposing the motion or ap- tion, the Director of the Office of Manage- in Advance of the London Conference.’’ peal. All time used for consideration of the ment and Budget shall administer the rescis- The PRESIDING OFFICER. Without Task Force bill, including time used for sion and make available such amount to the objection, it is so ordered. quorum calls and voting, shall be counted Bipartisan Task Force for Responsible Fiscal COMMITTEE ON THE JUDICIARY against the total 100 hours of consideration. Action. ‘‘(iii) NO AMENDMENTS.—An amendment to Mr. BAUCUS. Mr. President, I ask the Task Force bill, or a motion to postpone, f unanimous consent that the Com- mittee on the Judiciary be authorized or a motion to proceed to the consideration NOTICE OF HEARING of other business, or a motion to recommit to meet during the session of the Sen- the Task Force bill, is not in order. COMMITTEE ON ENERGY AND NATURAL ate on January 21, 2010, at 10 a.m. in ‘‘(iv) VOTE ON PASSAGE.—The vote on pas- RESOURCES SD–226 of the Dirksen Senate Office sage shall occur immediately following the Mr. BINGAMAN. Mr. President, I Building, to conduct an executive busi- conclusion of the debate on a Task Force would like to announce for the infor- bill, and a single quorum call at the conclu- ness meeting. sion of the debate if requested. Passage shall mation of the Senate and the public The PRESIDING OFFICER. Without require an affirmative vote of three-fifths of that a hearing has been scheduled be- objection, it is so ordered. the Members, duly chosen and sworn. The fore the Senate Committee on Energy EAST ASIA SUBCOMMITTEE vote on passage shall occur not later than and Natural Resources. The hearing Mr. BAUCUS. Mr. President, I ask December 23, 2010. will be held on Tuesday, February 9, unanimous consent that the Com- ‘‘(v) ADJOURNMENT.—If, by December 23, 2009, at 10 a.m., in room SD–366 of the mittee on Foreign Relations be author- 2010, either House has failed to adopt a mo- Dirksen Senate Office Building. tion to proceed to the Task Force bill, para- ized to meet during the session of the graph (1)(A)(ii)(II) shall not apply. The purpose of the hearing is to re- Senate on January 21, 2010, at 10 a.m., ‘‘(vi) RULINGS OF THE CHAIR ON PROCE- ceive testimony on the U.S. Depart- to hold an East Asia subcommittee DURE.—Appeals from the decisions of the ment of Energy’s Loan Guarantee Pro- hearing entitled ‘‘Principles of U.S. En- Chair relating to the application of the rules gram. gagement in Asia.’’ of the Senate, as the case may be, to the pro- Because of the limited time available The PRESIDING OFFICER. Without cedure relating to a Task Force bill shall be for the hearing, witnesses may testify objection, it is so ordered. decided without debate. by invitation only. However, those SELECT COMMITTEE ON INTELLIGENCE ‘‘(C) RULES TO COORDINATE ACTION WITH wishing to submit written testimony OTHER HOUSE.— Mr. BAUCUS. Mr. President, I ask ‘‘(i) REFERRAL.—If, before the passage by 1 for the hearing record may do so by sending it to the Committee on Energy unanimous consent that the Select House of a Task Force bill of that House, Committee on Intelligence be author- that House receives from the other House a and Natural Resources, United States ized to meet during the session of the Task Force bill, then the Task Force bill of Senate, Washington, D.C. 20510–6150, or the other House shall not be referred to a by e-mail to Abigail_Campbell@ Senate on January 21, 2010 at 2:30 p.m. The PRESIDING OFFICER. Without committee and shall immediately be placed energy.senate.gov. on the calendar. For further information, please con- objection, it is so ordered. ‘‘(ii) PROCEDURE.—If the Senate receives f the Task Force bill passed by the House of tact Mike Carr at (202) 224–8164 or Abi- Representatives before the Senate has voted gail Campbell at (202) 224–1219. PRIVILEGES OF THE FLOOR on passage of the Task Force bill— f Mr. BAUCUS. Mr. President, on be- ‘‘(I) the procedure in the Senate shall be AUTHORITY FOR COMMITTEES TO half of Mr. DODD, I ask unanimous con- the same as if no Task Force bill had been sent that Deborah Katz, a member of received from House of Representatives; and MEET ‘‘(II) the vote on passage in the Senate his staff, be granted the privilege of the COMMITTEE ON ARMED SERVICES shall be on the Task Force bill of the House floor for the duration of the consider- of Representatives. Mr. BAUCUS. Mr. President, I ask ation of H.J. Res. 45. ‘‘(iii) TREATMENT OF TASK FORCE BILL OF unanimous consent that the Com- The PRESIDING OFFICER. Without OTHER HOUSE.—If 1 House fails to introduce mittee on Armed Services be author- objection, it is so ordered. or consider a Task Force bill under this sec- ized to meet during the session of the f tion, the Task Force bill of the other House Senate on January 21, 2010, at 9:30 a.m. shall be entitled to expedited floor proce- The PRESIDING OFFICER. Without WASHINGTON METROPOLITAN dures under this section. objection, it is so ordered. AREA TRANSIT REGULATION ‘‘(iv) TREATMENT OF COMPANION MEASURES COMMITTEE ON BANKING, HOUSING, AND URBAN COMPACT AMENDMENTS IN THE SENATE.—If following passage of the Task Force bill in the Senate, the Senate AFFAIRS Mr. DORGAN. Mr. President, I ask then receives the Task Force bill from the Mr. BAUCUS. Mr. President, I ask unanimous consent that the Judiciary House of Representatives, the House-passed unanimous consent that the Com- Committee be discharged from further

VerDate Nov 24 2008 04:03 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JA6.065 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S132 CONGRESSIONAL RECORD — SENATE January 21, 2010 consideration of S.J. Res. 25 and the Motor Vehicles of the Commonwealth of Vir- services to victims of crime, including crisis Senate proceed to its immediate con- ginia, 1 member appointed by the Governor intervention, counseling, guidance, legal ad- sideration. of Maryland from the Maryland Public Serv- vocacy, and transportation shelters; The PRESIDING OFFICER. Without ice Commission, and 1 member appointed by Whereas the Victims of Crime Act of 1984 the Mayor of the District of Columbia from provides assistance and monetary support to objection, it is so ordered. a District of Columbia agency with oversight over 4,000,000 victims of crime each year; The clerk will report the resolution of matters relating to the Commission.’’. Whereas the Crime Victims Fund estab- by title. (2) Section 1 is amended by inserting at the lished under the Victims of Crime Act of 1984 The assistant legislative clerk read end the following: provides direct services to victims of sexual as follows: ‘‘(d) An amendment to section 1(a) of this assault, domestic violence, child abuse, sur- A joint resolution (S.J. Res. 25) granting article shall not affect any member in office vivors of homicide victims, elderly victims the consent and approval of Congress to on the amendment’s effective date.’’. of abuse or neglect, victims of drunk drivers, amendments made by the State of Maryland, SEC. 2. RIGHT TO ALTER, AMEND, OR REPEAL. and other such crimes; the Commonwealth of Virginia, and the Dis- The right to alter, amend, or repeal this Whereas in 2008, with financial support trict of Columbia to the Washington Metro- Act is expressly reserved. from the Victims of Crime Act of 1984, State politan Area Transit Regulation Compact. SEC. 3. CONSTRUCTION AND SEVERABILITY. crime victim compensation programs paid a The PRESIDING OFFICER. Without It is intended that the provisions of this total of $432,000,000 to 151,643 victims of vio- compact shall be reasonably and liberally lent crime; objection, the committee is discharged. Whereas since the establishment of the There being no objection, the Senate construed to effectuate the purposes thereof. If any part or application of this compact, or Crime Victims Fund in 1984, non-taxpayer of- proceeded to consider the joint resolu- fender-generated funds deposited into the tion. legislation enabling the compact, is held in- valid, the remainder of the compact or its Crime Victims Fund have been used to pro- Mr. DORGAN. Mr. President, I ask application to other situations or persons vide almost $7,500,000,000 to State crime vic- unanimous consent that the joint reso- shall not be affected. tim assistance programs and State crime lution be read a third time and passed, victim compensation programs; SEC. 4. INCONSISTENCY OF LANGUAGE. Whereas the Victims of Crime Act of 1984 the preamble be agreed to, the motions The validity of these amendments to the to reconsider be laid upon the table, also supports services to victims of Federal compact shall not be affected by any insub- crimes, by providing funds for victims and with no intervening action or debate, stantial differences in its form or language witness coordinators in United States Attor- and that any statements related to the as adopted by the State of Maryland, Com- neys’ offices, Federal Bureau of Investiga- measure be printed in the RECORD. monwealth of Virginia and District of Co- tion victim-assistance specialists, and the The PRESIDING OFFICER. Without lumbia. Federal Victim Notification System; and objection, it is so ordered. SEC. 5. EFFECTIVE DATE. Whereas the Victims of Crime Act of 1984 The joint resolution (S.J. Res. 25) This Act shall take effect on the date of also supports important improvements in was ordered to be engrossed for a third enactment of this Act. the victim services field through grants for reading, was read the third time, and f training and technical assistance and evi- dence-based demonstration projects: Now, passed. RECOGNIZING THE 25TH ANNIVER- therefore, be it The preamble was agreed to. SARY OF THE ENACTMENT OF Resolved, That the Senate recognizes— The joint resolution, with its pre- THE VICTIMS OF CRIME ACT OF (1) the 25th anniversary of the enactment amble, reads as follows: 1984 of the Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.); and S.J. RES. 25 Mr. DORGAN. Mr. President, I ask Whereas the State of Maryland, the Com- (2) the substantial contributions to the unanimous consent that the Senate Crime Victims Fund made through the monwealth of Virginia, and the District of now proceed to the consideration of S. Columbia entered into the Washington Met- criminal prosecutions conducted by United ropolitan Area Transit Regulation Compact Res. 391 which was submitted earlier States Attorneys’ offices and other compo- in 1960 with the consent of Congress in Pub- today. nents of the Department of Justice. lic Law No. 86–794, 74 Stat. 1031; The PRESIDING OFFICER. The f Whereas the State of Maryland, the Com- clerk will report. EXPRESSING THE SENSE OF THE monwealth of Virginia, and the District of The assistant legislative clerk read SENATE ON THE HUMANITARIAN Columbia amended titles I and II of the Com- as follows: pact in 1962 and 1990 with the consent of Con- CATASTROPHE CAUSED BY THE A resolution (S. Res. 391) recognizing the gress in Public Law No. 87–767, 76 Stat. 764, JANUARY 12, 2010, EARTHQUAKE 25th anniversary of the enactment of the and Public Law No. 101–505, 104 Stat. 1300, re- IN HAITI Victims of Crime Act of 1984 (42 U.S.C. 10601 spectively; et seq.) and the substantial contributions to Mr. DORGAN. Mr. President, I ask Whereas legislation enacted by the State the Crime Victims Fund made through the of Maryland (2008 Md. Laws c. 32 and 2009 Md. unanimous consent that the Senate criminal prosecutions conducted by United Laws c. 76) the Commonwealth of Virginia proceed to the immediate consider- States Attorneys’ offices and other compo- (2007 Va. Acts c. 378 and 2009 Va. Acts c. 540) ation of S. Res. 392 submitted earlier nents of the Department of Justice. and the District of Columbia (D.C. Act 17– today. 622) contain amendments to article III of There being no objection, the Senate The PRESIDING OFFICER. The title I of the Compact regarding appoint- proceeded to consider the resolution. clerk will report the resolution by ment of members to the Washington Metro- Mr. DORGAN. Mr. President, I ask title. politan Area Transit Commission; and unanimous consent that the resolution The assistant legislative clerk read Whereas the consent of Congress is re- be agreed to, the preamble be agreed as follows: quired in order to implement such amend- to, and the motions to reconsider be ments: Now, therefore, be it A resolution (S. Res. 392) expressing the Resolved by the Senate and House of Rep- laid upon the table. sense of the Senate on the humanitarian ca- resentatives of the United States of America in The PRESIDING OFFICER. Without tastrophe caused by the January 12, 2010 Congress assembled, objection, it is so ordered. earthquake in Haiti. SECTION 1. CONSENT OF CONGRESS TO COM- The resolution (S. Res. 391) was There being no objection, the Senate PACT AMENDMENTS. agreed to. proceeded to consider the resolution. (a) CONSENT.—Consent of Congress is given The preamble was agreed to. Mr. DORGAN. Mr. President, I ask to the amendments of the State of Maryland, The resolution, with its preamble, unanimous consent that the resolution the amendments of the Commonwealth of reads as follows: Virginia, and the amendments of the District be agreed to, the preamble be agreed of Columbia to article III of title I of the S. RES. 391 to, the motions to reconsider be laid Washington Metropolitan Area Transit Reg- Whereas the Victims of Crime Act of 1984 upon the table, with no intervening ac- ulation Compact. had its 25th anniversary in 2009; tions or debate, and that any state- (b) AMENDMENTS.—The amendments re- Whereas for 25 years, the Victims of Crime ments related to the resolution be ferred to in subsection (a) are substantially Act of 1984 has provided funds to States for printed in the RECORD. as follows: victim assistance and compensation pro- The PRESIDING OFFICER. Without (1) Section 1(a) is amended to read as fol- grams to support victims of crime and those lows: affected by violent crimes; objection, it is so ordered. ‘‘(a) The Commission shall be composed of Whereas the Victims of Crime Act of 1984 The resolution (S. Res. 392) was 3 members, 1 member appointed by the Gov- enables approximately 4,400 community- agreed to. ernor of Virginia from the Department of based public and private programs to offer The preamble was agreed to.

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JA6.081 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — SENATE S133 The resolution, with its preamble, Now, therefore, be it ADJOURNMENT UNTIL 9:30 A.M. reads as follows: Resolved, That the Senate— TOMORROW S. RES. 392 (1) expresses profound sympathy to, and unwavering support for, the people of Haiti, Mr. DORGAN. Mr. President, if there Whereas, on January 12, 2010, an earth- who have suffered over many years and face is no further business to come before quake measuring 7.0 on the Richter scale and catastrophic conditions in the aftermath of the Senate, I ask unanimous consent its aftershocks devastated Port-au-Prince, the January 12, 2010 earthquake, and sym- that it adjourn under the previous Haiti and the surrounding areas, killing po- pathy to the members of the international tentially 100,000 people, injuring hundreds of order. thousands more people, and leaving many community in Haiti, including the staff of There being no objection, the Senate, hundreds of thousands of people homeless; the United States Embassy in Port-au- at 7:11 p.m., adjourned until Friday, Whereas Haiti, which is the poorest coun- Prince; January 22, 2010, at 9:30 a.m. (2) applauds the rapid and concerted mobi- try in the Western Hemisphere, has an esti- f mated 54 percent of its population living on lization by President Obama to provide im- less than $1 per day, 120,000 people living mediate emergency humanitarian assistance NOMINATIONS with HIV, 29,333 new cases of Tuberculosis to Haiti, and the leadership of Secretary of State Clinton, USAID Administrator Shah, Executive nominations received by reported in 2007, and nearly 400,000 children the Senate: living in orphanages; and General Fraser of the United States IN THE AIR FORCE Whereas, despite the heroic efforts of the Southern Command in marshaling United Haitian people and the support of the inter- States Government resources and personnel THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED national community, Haiti remains seriously to address both the short- and long-term cri- STATES OFFICERS FOR APPOINTMENT IN THE RESERVE ses in Haiti; OF THE AIR FORCE TO THE GRADES INDICATED UNDER weakened by prior natural disasters, includ- TITLE 10, U.S.C., SECTIONS 12203 AND 12212: (3) urges that all appropriate efforts be ing an unprecedented string of devastating To be major general tropical storms in 2008 that left almost 500 made to secure the safety of Haitian or- phans; BRIGADIER GENERAL SAMUEL C. HEADY Haitians dead and affected hundreds of thou- BRIGADIER GENERAL WILLIAM E. HUDSON sands more people during an acute food cri- (4) urges that all appropriate efforts be BRIGADIER GENERAL GARY T. MAGONIGLE sis; made to sustain assistance to Haiti beyond BRIGADIER GENERAL JAMES M. MCCORMACK the immediate humanitarian crisis to help BRIGADIER GENERAL ALEX D. ROBERTS Whereas these disasters have grievously BRIGADIER GENERAL GREGORY J. SCHWAB undermined Haiti’s struggle to rebuild its in- the Haitian people with appropriate humani- To be brigadier general frastructure and to restore critical services tarian, developmental, and infrastructure as- related to health, education, poverty, and sistance needed to overcome the effects of COLONEL CARL F. BESS, JR. past disasters and the earthquake, and to se- COLONEL GREGORY J. BIERNACKI hunger to create effective governmental and COLONEL JAMES C. BLAYDON nongovernmental institutions; cure a more stable and sustainable future; COLONEL FRANCIS X. CARILLO Whereas Haiti has struggled for many (5) expresses appreciation for the inter- COLONEL DEBORAH L. CARTER national community’s ongoing and renewed COLONEL ROBERT F. CAYTON years to overcome systemic threats to public COLONEL WILLIAM J. CRISLER, JR. health and shortages of food, potable water, commitment to Haiti’s security and recov- COLONEL GREGORY L. FERGUSON and cooking fuel, significant environmental ery; COLONEL JAMES E. FREDREGILL (6) acknowledges the profound sympathy of COLONEL ANTHONY P. GERMAN degradation, and political and economic fra- COLONEL ANN M. GREENLEE gility; the people of the United States for the fami- COLONEL MARK D. HAMMOND Whereas, on January 13, 2010, President lies and colleagues of United Nations offi- COLONEL RICHARD N. HARRIS, JR. cials who lost their lives and the continued COLONEL MARK E. JANNITTO Obama stated, ‘‘I have directed my adminis- COLONEL LARRY R. KAUFFMAN tration to respond with a swift, coordinated, support for the peacekeepers who are work- COLONEL JON K. KELK and aggressive effort to save lives. The peo- ing around the clock to provide critical hu- COLONEL DAVID T. KELLY manitarian support for all those affected by COLONEL JOHN E. KENT ple of Haiti will have the full support of the COLONEL DONALD M. LAGOR United States in the urgent effort to rescue the earthquake; COLONEL MICHAEL E. LOH those trapped beneath the rubble, and to de- (7) urges all nations to commit to assisting COLONEL CONSTANCE C. MCNABB the people of Haiti with their long-term COLONEL CLAYTON W. MOUSHON liver the humanitarian relief—the food, COLONEL PHILLIP E. MURDOCK water, and medicine—that Haitians will need needs; and COLONEL JOHN E. MURPHY in the coming days.’’; (8) expresses support for the United States COLONEL GERALD E. OTTERBEIN Embassy team in Port-au-Prince, members COLONEL MARTIN J. PARK Whereas on January 13, 2010, Rajiv Shah, COLONEL NICHOLAS S. RANTIS the Director of the United States Agency for of the United States Coast Guard, United COLONEL ROBERT L. SHANNON, JR. International Development stated that the States Armed Forces, and other United COLONEL CASSIE A. STROM States Government agencies who are val- COLONEL GREGORY N. STROUD United States Government is ‘‘working ag- COLONEL THOMAS A. THOMAS, JR. gressively and in a highly coordinated way iantly rescuing thousands of United States COLONEL CAROL A. TIMMONS across the Federal Government to bring all citizens and Haitians under extremely ad- COLONEL STEVEN J. VERHELST verse conditions. COLONEL TONY L. WEST of the assets and capacities we have to bear COLONEL ROBERT S. WILLIAMS to quickly and effectively provide as much COLONEL MICHAEL A. WOBBEMA assistance as possible.’’; f IN THE ARMY Whereas, on January 14, 2010, President THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Obama pledged $100,000,000 in immediate as- IN THE RESERVE OF THE ARMY TO THE GRADE INDI- sistance to the people of Haiti, and dis- ORDERS FOR FRIDAY, JANUARY CATED UNDER TITLE 10, U.S.C., SECTION 12203: patched the 82nd Airborne Division, a Marine 22, 2010 To be major general Expeditionary Unit, the USS Carl Vinson, Mr. DORGAN. Mr. President, I ask BRIG. GEN. WILLIAM D. FRINK, JR. the USS Bataan, the United States Navy IN THE AIR FORCE hospital ship, the USS Comfort, and several unanimous consent that when the Sen- Disaster Assistant Response Teams, to aid in ate completes its business today, it ad- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT journ until Friday, January 22, at 9:30 TO THE GRADE INDICATED IN THE UNITED STATES AIR relief efforts; FORCE UNDER TITLE 10, U.S.C., SECTION 624: Whereas the international community, a.m.; that following the prayer and the To be lieutenant colonel which has generously provided security, de- pledge, the Journal of proceedings be velopment, and humanitarian assistance to ANTHONY N. DILLS approved to date, the morning hour be MICHAEL S. DUNKEL Haiti, has suffered a substantial blow during deemed to have expired, the time for BRADFORD S. GREEN the earthquake with the collapse of the the two leaders be reserved for their MICHAEL K. LEE headquarters of the United Nations Sta- MICHAEL D. MILLER use later in the day, and that the Sen- bilization Mission in Haiti with approxi- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT mately 150 staff members inside, including ate resume consideration of H.J. Res. TO THE GRADE INDICATED IN THE UNITED STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTION 624: the head of the mission, He´di Annabi, rep- 45, the debt limit. resenting the largest single loss of life in The PRESIDING OFFICER. Without To be major United Nations history; and objection, it is so ordered. MATTHEW A. BAACK Whereas, despite the aforementioned ANDREW J. BRODER NICHOLAS J. SABULA losses, the United Nations continues to co- f NATE A. TERNING ordinate efforts on the ground in Haiti, and ROCKY ZACCHEUS the United Nations Secretary General Ban IN THE ARMY Ki-Moon has pledged that ‘‘the community PROGRAM THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR of nations will unite in its resolve and help APPOINTMENT TO THE GRADE INDICATED IN THE Haiti to overcome this latest trauma and Mr. DORGAN. Mr. President, for the UNITED STATES ARMY VETERINARY CORPS UNDER begin the work of social and economic recon- information of Senators, there will be TITLE 10, U.S.C., SECTION 531 AND 3064: struction that will carry this proud nation no rollcall votes during tomorrow’s To be lieutenant colonel forward.’’. session of the Senate. BESS J. PIERCE

VerDate Nov 24 2008 02:26 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00073 Fmt 4624 Sfmt 9801 E:\CR\FM\G21JA6.083 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE S134 CONGRESSIONAL RECORD — SENATE January 21, 2010 THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR KELLY A. SUPPLE To be lieutenant commander APPOINTMENT TO THE GRADE INDICATED IN THE THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- UNITED STATES ARMY MEDICAL SERVICE CORPS UNDER POINTMENT IN THE GRADES INDICATED IN THE UNITED JACOB R. HILL TITLE 10, U.S.C., SECTIONS 531 AND 3064: STATES ARMY UNDER TITLE 10, U.S.C., SECTION 531: RODNEY J. NORTON To be major CARL F. SCHOLLE To be lieutenant colonel WILLIAM R. WOODFIN JANINE G. ALLBRITTON SCOTT J. PIECEK SCOTT D. DEBOLT f GLENN E. DEETMAN THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR SHAUNA M. HAUSER APPOINTMENT TO THE GRADE INDICATED IN THE ERIC A. HOGGARD WITHDRAWALS UNITED STATES ARMY DENTAL CORPS UNDER TITLE 10, RICKY V. KYLES U.S.C., SECTIONS 531 AND 3064: MICHAEL C. MOLONEY Executive message transmitted by To be major CHARLES H. NELSON the President to the Senate on January LUIS D. SOLANO JUAN G. LOPEZ 21, 2010 withdrawing from further Sen- THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR To be major ate consideration the following nomi- APPOINTMENT TO THE GRADE INDICATED IN THE YUSHA A. ALI nations: UNITED STATES ARMY NURSE CORPS UNDER TITLE 10, MARK L. ALLEN U.S.C., SECTIONS 531 AND 3064: ZAHI K. BOURJEILI ERROLL G. SOUTHERS, OF CALIFORNIA, TO BE AN AS- To be major JOHN A. COFIELD SISTANT SECRETARY OF HOMELAND SECURITY, VICE ED- KEITH G. HARLEY MUND S. HAWLEY, RESIGNED, WHICH WAS SENT TO THE JERI R. REGAN GEORGE B. INABINET SENATE ON SEPTEMBER 17, 2009. SCOTT B. JACKSON JIDE J. ZEITLIN, OF NEW YORK, TO BE REPRESENTA- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TODD S. REED TIVE OF THE UNITED STATES OF AMERICA TO THE TO THE GRADE INDICATED IN THE UNITED STATES ARMY VICTOR H. SUNDQUIST UNITED NATIONS FOR U.N. MANAGEMENT AND REFORM, UNDER TITLE 10, U.S.C., SECTION 624: OWEN T. WARD WITH THE RANK OF AMBASSADOR, WHICH WAS SENT TO To be major AUDREY D. WILSON THE SENATE ON SEPTEMBER 24, 2009. JIDE J. ZEITLIN, OF NEW YORK, TO BE ALTERNATE ROBIN T. WORCH IN THE NAVY REPRESENTATIVE OF THE UNITED STATES OF AMERICA TO THE SESSIONS OF THE GENERAL ASSEMBLY OF THE THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR THE FOLLOWING NAMED OFFICER FOR REGULAR AP- UNITED NATIONS DURING HIS TENURE OF SERVICE AS APPOINTMENT TO THE GRADES INDICATED IN THE POINTMENT IN THE GRADE INDICATED IN THE UNITED REPRESENTATIVE OF THE UNITED STATES OF AMERICA UNITED STATES ARMY MEDICAL CORPS UNDER TITLE 10, STATES NAVY UNDER TITLE 10, U.S.C., SECTIONS 531 AND TO THE UNITED NATIONS FOR U.N. MANAGEMENT AND U.S.C., SECTIONS 531 AND 3064: 5582: REFORM, WHICH WAS SENT TO THE SENATE ON SEP- To be lieutenant colonel TEMBER 24, 2009. To be lieutenant commander ROSZELL HUNTER, OF VIRGINIA, TO BE A MEMBER OF TYLER E. HARRIS ROLDAN C. MINA THE BOARD OF DIRECTORS OF THE EXPORT-IMPORT To be major BANK OF THE UNITED STATES FOR A TERM EXPIRING THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JANUARY 20, 2013, VICE J. JOSEPH GRANDMAISON, TERM PETER R. PURRINGTON IN THE GRADE INDICATED IN THE UNITED STATES NAVY EXPIRED, WHICH WAS SENT TO THE SENATE ON OCTOBER ENRIQUE RIVERA UNDER TITLE 10, U.S.C., SECTION 5589: 1, 2009.

VerDate Nov 24 2008 04:03 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00074 Fmt 4624 Sfmt 9801 E:\CR\FM\A21JA6.040 S21JAPT1 dcolon on DSK2BSOYB1PROD with SENATE January 21, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E57 EXTENSIONS OF REMARKS

IN HONOR OF THE 100TH ANNIVER- A national energy tax would be just as dev- erating the tax benefit for certain charitable SARY CELEBRATION OF THE astating, raising gas prices, food prices, and cash contributions made for the victims of the UNITED STATES IMMIGRATION the cost of doing business for millions of earthquake.’’ We are not reinventing the STATION, ANGEL ISLAND Americans. $3,400 a year is what American wheel; similar changes to tax law were done families might be forced to pay if this national after the tsunami that struck Thailand and In- HON. NANCY PELOSI energy tax passes. American manufacturing donesia in December 2004 and other tax con- OF CALIFORNIA would be made non-competitive with foreign siderations were put in place after Hurricane manufacturers. Katrina hit the Gulf Coast in 2005. The bill IN THE HOUSE OF REPRESENTATIVES It’s time to put these bad ideas to rest and would waive the current law provision that lim- Thursday, January 21, 2010 look forward to policies to create jobs and its charitable deductions to 50% of a tax- Ms. PELOSI. Madam Speaker, on January capital. We should heed the counsel of Steve payer’s income and 10% for Corporations. 21, 2010, we celebrate the 100th Anniversary Forbes in his new book, How Capitalism Will It is also in the United States’ best interest, of the United States Immigration Station, Save Us. especially pertaining to foreign policy, to help, Angel Island. This national historic landmark, In conclusion, God bless our troops, and we in any capacity, the relief and ultimate recov- designated as one of America’s most endan- will never forget September 11 in the Global ery of the nation of Haiti; it will also help gov- gered historic sites, served as a processing War on Terrorism. ern the global message of ‘‘goodwill’’, which center for immigrants coming across the Pa- f our President deems necessary for the pros- perity of us all. For these reasons, I deeply cific from 1910 to 1940. More than one million ACCELERATION OF INCOME TAX support this legislation and implore my col- immigrants, including those from China, BENEFITS FOR CHARITABLE leagues to join me in this endeavor. Japan, Korea, the Philippines, and Central and CASH CONTRIBUTIONS South America were processed at the station. f This ‘‘Ellis Island of the West,’’ also known as SPEECH OF HONORING TRINITY UNITED METH- ‘‘The Guardian of the Western Gate,’’ was de- ODIST CHURCH MISSIONS TEAM signed to control the flow of immigration, es- HON. SHEILA JACKSON LEE OF TEXAS pecially from China. While many immigrants IN THE HOUSE OF REPRESENTATIVES passed through, many were detained here for HON. SCOTT GARRETT lengthy periods of time. Inscribed on the walls Wednesday, January 20, 2010 OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES of the barracks are their voices of hope, fear Ms. JACKSON LEE of Texas. Madam and despair. Speaker, I rise today in strong support of H.R. Thursday, January 21, 2010 The facility was used by the U.S. Army dur- 4462, to accelerate the income tax benefits for Mr. GARRETT of New Jersey. Madam ing World War II, then abandoned, and be- charitable cash contributions for the relief of Speaker, there is not a member of this body came part of the California State Park system victims of the earthquakes in Haiti, introduced who has not been gripped by the graphic sto- in 1963. I was proud to have helped secure by my illustrious colleague Representative ries and images coming out of Haiti since the federal funding to rebuild the dilapidated bar- CHARLES B. RANGEL, from New York. This leg- tragic earthquake on January 12. The human racks which enabled the facility to reopen to islation will allow qualifying charitable dona- suffering is on a scale we can scarcely com- the public in February 2009. I will continue my tions for the victims of the earthquake in Haiti prehend, and its proximity to our country and commitment to restoring not just an historic that are made between January 11, 2010, and the need of its victims have rightly roused the landmark but a symbol of the struggles and March 1, 2010, to be treated as if such con- charitable spirit of the American people. In the courage of people from around the globe who tributions were made in 2009, rather than in midst of such tragedy, however, we look to look to America as the land of possibility. 2010. This will give Americans even more in- stories of hope from the rubble. I would like to In addition to its unique history, Angel Island centive to give to the relief efforts in Haiti. share one of those stories today. is a place of great beauty and breathtaking Madam Speaker, the world witnessed the On January 9, fifteen members of the Trinity views. It is imperative that we as San Francis- vivid devastation of Haiti’s strongest earth- United Methodist Church in Hackettstown, NJ, cans and Americans preserve and enhance quake in more than two centuries on Tuesday, departed for an eight-day missions trip to Port- what Angel Island represents culturally, educa- January 12, 2010 which rocked the very core au-Prince and Bon Regos, Haiti. This missions tionally, recreationally and environmentally for of the Caribbean. With thousands reported team delivered dozens of suitcases filled with present and future generations. dead and thousands more estimated to be medical equipment and personal hygiene f counted in that group, it has been the custom items to orphanages, hospitals, and schools in and the unstipulated duty of the American some of Haiti’s most disadvantaged neighbor- JOB-KILLING AGENDA CONTINUES people to help our fellow world citizens in their hoods. Thankfully, no one on the trip was seri- time of desperation and need! ously injured in the earthquake. In the fol- HON. JOE WILSON I have the honor and privilege to represent lowing days, thanks to the tireless work of the OF SOUTH CAROLINA and serve a city such as Houston, Texas, State Department and the kindness of strang- IN THE HOUSE OF REPRESENTATIVES which has, time and time again, shown its ers, the entire team was evacuated to the Ba- generosity and caring spirits, to anyone who is Thursday, January 21, 2010 hamas and is now safe at home with their in need. This is why this bill is very significant; families and loved ones. Mr. WILSON of South Carolina. Madam notwithstanding our current economic condi- While it was not their intention when they Speaker, sadly the Labor Department said tion, America is STILL doing what it does best, signed up, the members of this team deserve today that claims for unemployment insurance giving much needed aid and hope to whom- to be recognized for their selflessness and rose last week. The unemployment rate is still ever is in need. We are already playing a key service. Their names are: at 10 percent with more seeking jobless bene- role in both security and much-needed funds Rev. Frank L. Fowler III, Leslie Williams- fits each day. When will Congress get the in Haiti. This bill will identify a qualified con- Wexler, Virginia G. Mitchell, Erica L. Pattky, message? tribution as ‘‘a cash contribution made for the Frank Proccaccini, Suzanne P. Buchanan, Me- The job-killing agenda pushed by liberals in relief of victims in areas affected by the earth- lissa J. Deibel, Kim M. Koch, Vicki L. Meuller, 2009 needs to be scrapped. A national take- quake in Haiti on January 12, 2010’’ and will Virginia L. Thorp, Taylor S. Thorp, Danielle S. over of health care and a national energy tax give much needed tax relief to the many com- Chamberlain, Kathryn A. Stiner, Linda C. will only worsen a stagnant economy. The Na- panies and private citizens who have already Callaham, and Carmen M. Courter. tional Federation of Independent Business has given millions of dollars to the relief efforts. I join their family, friends, and parishioners sounded the alarm about how the health care The passage of this bill will cultivate more in a prayer of thanksgiving for their safe re- takeover scheme will kill 1.6 million jobs. donations for the people of Haiti by ‘‘accel- turn. I am especially proud of Erica Pattky and

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

VerDate Nov 24 2008 04:27 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A21JA8.001 E21JAPT1 smartinez on DSKB9S0YB1PROD with REMARKS E58 CONGRESSIONAL RECORD — Extensions of Remarks January 21, 2010 Taylor Thorp, two teenagers from my district CONGRESSWOMAN JAN MEYERS woman and a respected member of this distin- who were part of this team. Their commitment POST OFFICE BUILDING guished body. I urge my colleagues to join me to service at such a young age is a model for in supporting this legislation. SPEECH OF people of all ages in our community. f In the coming months and years, American HON. TODD TIAHRT CONGRATULATING NICHOLAS churches, non-profits, and relief-aid organiza- OF KANSAS YOUNG, MASSACHUSETTS SU- tions will play a vital role in stabilizing and re- IN THE HOUSE OF REPRESENTATIVES PERINTENDENT OF THE YEAR building the Republic of Haiti. I am convinced that Americans will answer the call to ‘‘Love Wednesday, January 20, 2010 thy neighbor,’’ not due to any government Mr. TIAHRT. Mr. Speaker, I rise today to HON. RICHARD E. NEAL mandate or social obligation, but because it’s wholeheartedly support the naming of the OF MASSACHUSETTS just what Americans do. In crises both small United States Post Office Building located at IN THE HOUSE OF REPRESENTATIVES and large, the United States has proven itself 9727 Antioch Road in Overland Park, Kansas, Thursday, January 21, 2010 the most philanthropic and charitable nation in as the ‘‘Congresswoman Jan Meyers Post Of- Mr. NEAL of Massachusetts. Madam Speak- the world. I thank the members of Trinity fice Building.’’ Congresswoman Meyers rep- er, I rise today to extend my personal con- Methodist for providing such a courageous ex- resented the 3rd District of Kansas in the gratulations to Nicholas Young who was re- ample. United States House of Representatives from cently named superintendent of the year by January 3, 1985 until January 3, 1997. I had the state superintendents’ association. I would f the honor of serving with Mrs. Meyers in the like to express my gratitude for Mr. Young’s 104th Congress, her last two years in Con- hard work, dedication and leadership. HONORING THE LIFE OF REGI- gress. It truly was an honor to learn from her. Mr. Young has served with distinction as the NALD ‘‘JACK’’ HORACE FINNEY, The state of Kansas is a better place for her superintendent for the Hadley Public Schools JR. tireless service. for nine years and continues to be an exem- Born Janice Lenore Crilly on July 20, 1928 plary educational leader. in Lincoln, Nebraska, Mrs. Meyers was raised Nicholas Young is a very active citizen as HON. RALPH M. HALL in Superior, Nebraska. She attended William he serves as president of the state super- Woods College in Missouri and the University OF TEXAS intendents association and has previously of Nebraska, earning an Associate Fine Arts served as president-elect and vice president. IN THE HOUSE OF REPRESENTATIVES degree and a B.A. in communications, respec- He is also the acting chairman of the state tively. She then married Louis ‘‘Dutch’’ Meyers Thursday, January 21, 2010 Task Force on Small and Rural School Dis- in 1953, eventually having two children, Val- tricts and a member of the state Professional Mr. HALL of Texas. Madam Speaker, I rise erie and Philip. Development Committee and the state Legis- today to honor the life and accomplishments Jan Meyers became active in politics in lative Committee. of a man who generously helped shape his 1966 on the campaign of Edward Lawrence We join with Mr. Young’s family, friends, col- state and community. Jack Finney of Green- ‘‘Larry’’ Winn, Jr. for the U.S. House of Rep- leges and students as he is honored next ville, Texas passed away on January 1, 2010, resentatives. She later went on to become a month at the National Conference on Edu- at the age of ninety-three. district co-chairwoman for Senator Bob Dole’s cation in Phoenix, Arizona. first U.S. Senate campaign. Mrs. Meyers went Jack was born to Reginald Horace Finney NICHOLAS YOUNG NAMED MASS. into public service herself as a city council- SUPERINTENDENT OF THE YEAR Sr. and Valma Bracken in Commerce, Texas woman in the city of Overland Park, from (By Diane Lederman) on August 15, 1916. Finney attended Paris 1967–1972. She left the city council in 1972 High School in Paris, Texas. He later grad- The program is part of the American Asso- when she was elected to the State Senate. ciation of School Administrators National uated from Texas A&M in College Station with Congresswoman Meyers then served in the Superintendent of the year awards. a degree in agricultural administration. State Senate until her election to the United In a statement, Thomas Scott, executive Jack founded Finney’s Holsum Bread Com- States House of Representatives in 1984. director of the state association, stated that pany in Greenville shortly after graduation. At Congresswoman Meyers became the Chair- Young ‘‘is an exceptional educational leader. age thirty-six, Jack was appointed to the woman of the House Committee on Small In addition to his many accomplishments in the Hadley Public Schools, he has been an Texas A&M Board of Directors where he re- Business in the 104th Congress, becoming exemplary model for his colleagues through- cruited the famous ‘‘Junction Boys’’ football just the 4th Republican woman to become the out the state, influencing state policy coach Paul ‘‘Bear’’ Bryant. President and CEO chair of a full committee. As a staunch fiscal through active research and providing com- of the Association of Former Students at conservative, she was dedicated to empow- prehensive and cutting-edge professional de- Texas A&M University, Porter Garner, called ering the small business owners of America by velopment programs.’’ Finney a great Aggie and states, ‘‘He was al- introducing legislation to protect their interests Young, who has been superintendent here ways there when Texas A&M needed him.’’ and lower taxes to help them expand. Kansas for nine years, said he was pleased and proud is strong because of our small businesses and to be recognized. Jack was a proud resident of Greenville, He said it was good for the community Congresswoman Meyers made them stronger. stating in a 2006 interview, ‘‘I could’ve left anytime someone is recognized in town—be Greenville when I sold the bakery, but I stayed She believed that government works best it he or a teacher or administrator. here. This is where I was meant to be.’’ He when it facilitates, rather than restricts private ‘‘It highlights the town having a top-notch donated land to the city where a public library business, as I do. school system,’’ he said. and swimming pool now sit. He was also a Congresswoman Meyers did not run for re- Young is president of the state super- election to the 105th Congress in order to intendents association and had previously major contributor to the nearby Texas A&M been president-elect and vice president. University at Commerce and Hunt Memorial spend more time with her family. She said ‘‘There are other things in life I want to do, He is also the chairman of the state Task Hospital District Foundation. Force on Small and Rural School Districts and being a Member of Congress, if you take and a member of the state Professional De- Jack was preceded in death by his wife, Lou the job seriously, simply does not leave time.’’ House Finney. He will be missed by his large velopment Committee and the state Legisla- During her time in Congress, the Congress- tive Committee. family and the grateful citizens of Greenville. woman was fond of saying ‘‘Listen to your In 2008, he was one of 158 educators from Madam Speaker, Jack Finney was my good conscience and your constituents—both. Most across the country selected to participate in friend for many years. I could always rely on of the time they’ll agree.’’ This is truly the best the Japan Fulbright Memorial Fund Fellow- Jack to give me his honest opinion about any way to represent your constituents and has ship, spending more than two weeks in that been my goal during my time in this body. country. issue—as well as his support. Jack was the Young and the other state winners will be heart and soul of Greenville, and he will be I would like to thank Jan Meyers for acting honored next month at the National Con- greatly missed. As we adjourn today, let us do as a mentor to me in my freshman year and ference on Education in Phoenix, Ariz. so in memory of this great American, Jack for her dedicated service to Kansas. This leg- The national winner will also be an- Finney. islation is a fitting tribute to an honorable nounced then.

VerDate Nov 24 2008 04:27 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A21JA8.004 E21JAPT1 smartinez on DSKB9S0YB1PROD with REMARKS January 21, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E59 HONORING THEODORA J. KALIKOW sixteen and enrolled at the University of Texas leadership in bringing this bill to the House AND THE UNIVERSITY OF MAINE at Arlington. Before completing his studies, floor today. I urge passage of the bill and I AT FARMINGTON’S SUSTAINABLE Jack enlisted in the U.S. Navy as a pilot. Jack yield back the balance of my time. CAMPUS COALITION returned to college following World War II and f graduated from Baylor College of Dentistry at HON. MICHAEL H. MICHAUD the age of twenty-three. PERSONAL EXPLANATION Jack first practiced in Panama where he OF MAINE HON. TODD TIAHRT IN THE HOUSE OF REPRESENTATIVES met and married his wife, Elizabeth Weltzin. Shortly thereafter, they moved to the Alaskan OF KANSAS Thursday, January 21, 2010 Territories where Jack began work with the IN THE HOUSE OF REPRESENTATIVES Mr. MICHAUD. Madam Speaker, I rise Alaskan Health Service. Jack went on to at- Thursday, January 21, 2010 today to recognize the accomplishments of tend the University of Tennessee at Memphis Theodora J. Kalikow and the University of to specialize in orthodontics. Mr. TIAHRT. Madam Speaker, on January Maine at Farmington’s Sustainable Campus Following graduation, Jack was re-commis- 19, I missed three rollcall votes numbered 6, Coalition. sioned during the Korean War and stationed in 7, and 8 due to being unavoidably detained. Earlier this month President Theodora J. Orleans, France. He returned to Garland after Rollcall No. 6 was a vote on congratulating Kalikow announced that the University of completion of his commission and started one the Northwestern University Feinberg School Maine at Farmington (UMF) had finalized its of the first orthodontic practices in North of Medicine for its 150 years of commitment to roadmap to achieve the goal of carbon neu- Texas. advancing science. Had I been present I trality by 2035. The ‘‘Climate Action Plan’’, as Jack was actively involved in the community would have voted ‘‘aye.’’ Rollcall No. 7 was a vote on congratulating it is called, was developed through UMF’s own where he volunteered his time and resources the Penn State women’s volleyball team on Sustainable Campus Coalition, a collaborative to the benefit of the YMCA, Boy Scouts, Ma- winning the 2009 NCAA Division I National group of driven students, faculty, staff and sons, Garland Dental Club, Texas Dental As- Championship. Had I been present I would community members. The plan identifies a sociation, and the Texas Democrats. have voted ‘‘aye.’’ number of strategies to reduce carbon emis- Jack will be missed by his wife and the Rollcall No. 8 was a vote on commending sions, including implementing energy efficient greater Garland community. the University of Virginia men’s soccer team behavior and policies, ensuring future campus Madam Speaker, I commend Jack Hittson for winning the 2009 Division I NCAA National structures conform to LEED standards and in- for his service to the North Texas community Championship. Had I been present I would vesting in the use of renewable energy. and his country. have voted ‘‘aye.’’ According the U.S. Department of Energy, f the UMF campus uses approximately 20 per- f CONGRATULATING NANCY cent fewer British thermal units (BTU) per RESPECT THE WILL OF THE PEO- GOODMAN BRINKER square foot than the national average for col- PLE AND SEAT SENATOR SCOTT leges of similar size and climate. Despite an SPEECH OF BROWN 11 percent increase in campus building space, the university managed to reduce campus HON. RON KLEIN HON. CANDICE S. MILLER wide energy costs by 5 percent of the 2005 OF FLORIDA OF MICHIGAN levels. A new geothermal heating and cooling IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES system is projected to save $60,000 and 325 Wednesday, January 20, 2010 metric tons of carbon emissions per year. Thursday, January 21, 2010 These astounding feats are made even more Mr. KLEIN of Florida. Mr. Speaker, I rise in Mrs. MILLER of Michigan. Madam Speaker, impressive by the fact that the university com- strong support of H. Res. 708, a bill to con- prior to my service in this body I had the munity led the planning process, with little to gratulate Ms. Nancy Goodman Brinker for re- honor for eight years to serve as Michigan’s no cost to the university system. ceiving the Presidential Medal of Freedom. Secretary of State. In that role I also served The leadership of UMF President Theodora Nancy Brinker, a resident of my Congressional as Michigan’s chief elections officer. Kalikow in guiding the campus towards energy District in South Florida, has had a remarkable I am always awed by elections where the solutions that reduce greenhouse gases and impact on the fight against breast cancer. As people of this nation choose those who they long-term energy costs is an inspiration to in- founder of Susan G. Komen for the Cure, a wish to have serve them in government. stitutions everywhere. I applaud the efforts of foundation named for her sister who unfortu- Everyone of us who serves in this House is the Sustainable Campus Coalition, which re- nately lost her battle with breast cancer 30 here because of the will of the people. minds us that biggest force of change in a years ago, Nancy has helped raise over $1 The people’s collective voice must always community is the drive of its members. Al- billion dollars in support of research, education be honored and respected. though the nation has a long way to go in campaigns and support services for patients Yesterday we saw another example of the moving towards a clean energy future, the and their loved ones. voice of the people when the voters of Massa- people of UMF have shown that progress is Susan G. Komen for the Cure and the Race chusetts went to the polls in large numbers to possible and that it is happening now. for the Cure have helped create a global fill the unexpired term of the late Senator Ted Madam Speaker, please join me in honoring movement to empower and support those Kennedy. Theodora J. Kalikow and the University of touched by this disease. Now the largest The result of that election is clear. The peo- Maine at Farmington’s Sustainable Campus grass roots breast cancer movement in the ple of Massachusetts have chosen Senator Coalition for their efforts in making a clean en- world, Susan G. Komen for the Cure offers a SCOTT BROWN to be their voice. There is no ergy campus a reality. place for patients, their friends and family, and doubt of the outcome, there is no contest to f those who have lost loved ones to breast can- the election and his opponents have con- cer to share their stories, raise awareness and ceded. HONORING THE LIFE OF DR. JACK donate their time and resources toward finally When Senator Kennedy was elected in HOMER HITTSON, JR. putting an end to this disease. 1962 to fill the unexpired term of his brother I was honored to participate in the Race for President Kennedy, he was seated the very HON. RALPH M. HALL the Cure held in West Palm Beach, FL where next day, because the people had clearly cho- OF TEXAS I walked in honor of my sister, who was re- sen him to do so. IN THE HOUSE OF REPRESENTATIVES cently diagnosed with breast cancer. At this Senator BROWN and the people of Massa- event, I was delighted to meet Nancy in per- chusetts deserve the same consideration. Thursday, January 21, 2010 son, and thank her for her tireless efforts in With all of the important issues facing this Mr. HALL of Texas. Madam Speaker, I rise fighting this terrible disease. nation it is vital that the people’s duly elected today to honor a fellow veteran and treasured Nancy’s work to honor the life of her sister representatives are able to exercise their im- citizen of Garland, Jack Hittson, who passed by helping countless others is truly admirable, portant duties. away last year, at the age of eighty-three. and deserving of this distinguished civilian I respectfully urge the other body to seat Jack, a fifth generation Texan, was born award. I would like to thank my friend from Illi- Senator BROWN immediately so that the peo- June 19, 1925 in Palo Pinto, Texas. He grad- nois, Congressman SCHOCK for introducing ple of Massachusetts can be heard through uated from Strawn High School at the age of this resolution, and Chairman TOWNS for his their elected Senator.

VerDate Nov 24 2008 04:27 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A21JA8.007 E21JAPT1 smartinez on DSKB9S0YB1PROD with REMARKS E60 CONGRESSIONAL RECORD — Extensions of Remarks January 21, 2010 RECOGNIZING THE LIFE OF MR. neighbors in need. I’m proud to support this think of a more courageous, dedicated, and DOUG W. YOUNG bipartisan legislation. passionate woman to honor today. f I thank my colleagues and friends Con- HON. WALLY HERGER gressman AARON SCHOCK and Congress- HONORING THE LIFE OF JANET OF CALIFORNIA woman JAN SCHAKOWSKY for introducing this SIMPSON COYLE IN THE HOUSE OF REPRESENTATIVES fitting and well deserved resolution. f Thursday, January 21, 2010 HON. RALPH M. HALL Mr. HERGER. Madam Speaker, it is with TRIBUTE TO MR. JAMES K. OF TEXAS sadness that I recognize the loss of a wonder- STRICKLAND IN THE HOUSE OF REPRESENTATIVES ful public servant for Northern California, Mr. Doug Young. Doug was born on a small family Thursday, January 21, 2010 HON. J. RANDY FORBES farm in Sutter County and lived in Yolo County Mr. HALL of Texas. Madam Speaker, I rise OF VIRGINIA from 1971 until his death on January 3, 2010. today to honor a lifelong teacher and public IN THE HOUSE OF REPRESENTATIVES He was married to his high school sweetheart, servant, Janet Coyle of Rowlett, Texas, who Thursday, January 21, 2010 Diane Lee Young, for fifty-two years, and they passed away last year at the age of ninety- have four grown children, five grandchildren, nine. Mr. FORBES. Madam Speaker, I rise today four great grandchildren, and one great-great Janet was born on April 7, 1910 in Brown- to pay tribute to Mr. James K. Stickland, on grandchild. wood, Texas to Charles and Janie Simpson. the occasion of his retirement as Executive Doug received a Bachelor of Science de- She taught elementary school in Garland, Support Officer at the Norfolk Naval Shipyard. gree from the University of California, Davis in Richardson, and Rowlett for twenty-five years As the Senior Leader assigned coordination 1958. Alter graduating, he worked as a loan where she followed her personal motto, of VIP visits, he was successful in promoting processor and real estate appraiser at the ‘‘There is something to love in every child.’’ the Norfolk Naval Shipyard and its accom- Farm Credit Association until 1966. He per- Janet served as President of Classroom plishments to all levels of government, from formed similar tasks as a Regional Director of Teachers of Garland from 1959 to 1960. She local mayors in the community up to and in- the United States Department of Agriculture’s later volunteered her time as the first woman cluding State and U.S. Senators. Those visits Farmers Home Administration Loan Program on the Rowlett Planning and Zoning Commis- had a positive impact on the Naval Sea Sys- from 1969 until 1977. He later established sion. She was a charter member of the tems Command as a whole in that they en- Douglas W. Young and Associates, where he Rowlett Historical Society and was given the abled our governmental representatives to see acted as a consultant for development in rural Chamber of Commerce Heritage Hall of Fame first-hand the special circumstances and chal- areas of California, with a special focus on Award in 2007. lenging work situations we encounter every helping low and middle-income families. Janet was an active member of her church, day in the ship repair community. Doug also served his nation and community First United Methodist of Rowlett, for seventy- As the Executive Support Officer, he di- through his efforts to advance the values and seven years. She is preceded in death by her rected a staff which encompasses security, principles he believed in. He was a member of husband of fifty years, William ‘‘Bill’’ Coyle. public affairs, congressional affairs, command the Yolo County Republican Central Com- She will be missed by her three daughters, instructional design, drug free workplace pro- mittee and volunteered many hours for the Nancy Yarnes, Susan Kiby and husband, gram, internal review, and parking control. His cause he was committed to and the like-mind- Larry, Beck Buttram and husband, Will; and work during this period was complicated by ed individuals who sought elected office to up- son, Billy Coyle and wife, Missy. the merger of the Mid-Atlantic Regional Main- hold his cherished principles. He will be Madam Speaker, I commend Janet Coyle tenance Center into the Norfolk Naval Ship- missed greatly by his family, his friends, his for her lifelong devotion to education and pub- yard. He not only welcomed new personnel colleagues, and the countless people he af- lic service in her community. into his organization with proper courtesy and fected in a positive and enduring way. I was f care, his public affairs expertise was helpful in proud to call him a friend, and privileged to developing and executing a communication watch him serve others with great sincerity CONGRATULATING NANCY strategy for the workforce to accompany such and passion. GOODMAN BRINKER a significant change. That integration was f completed in phases, with each phase being SPEECH OF ACCELERATION OF INCOME TAX executed seamlessly, in accordance with es- BENEFITS FOR CHARITABLE HON. DEBBIE WASSERMAN SCHULTZ tablished schedules. CASH CONTRIBUTIONS OF FLORIDA As Executive Support Officer, he developed IN THE HOUSE OF REPRESENTATIVES a relationship of trust and open communica- SPEECH OF tion among all levels of the Shipyard, from Wednesday, January 20, 2010 labor organization representatives up to and HON. CHRIS VAN HOLLEN Ms. WASSERMAN SCHULTZ. Mr. Speaker, including the Shipyard Commander. He brings OF MARYLAND I rise today in support of House Resolution to the table a well-deserved depth of experi- IN THE HOUSE OF REPRESENTATIVES 708, which congratulates Ambassador Nancy ence. When emergent or new tasks come Wednesday, January 20, 2010 Goodman Brinker for receiving the Presidential about, he continually delivers not only within Mr. VAN HOLLEN. Madam Speaker, I com- Medal of Freedom. his assigned responsibilities, but he goes out mend Chairman RANGEL and Ranking Member I was thrilled when I heard the news last of his way to help other departments where he CAMP for bringing this timely legislation to the year that President Barack Obama had given can. He has clearly demonstrated excellence floor and support its swift enactment. this highest civilian honor to Ambassador through an aggressive pursuit of quality and Simply put, H.R. 4462 will allow charitable Brinker. has shown, not only to the Navy but also to cash contributions for Haitian earthquake relief No one could be more deserving of this the community, that people with inspiration made before March 1, 2010 to be deducted on great honor. For nearly 30 years she has and dedication can make a difference. the contributor’s 2009 tax return. As the ongo- brought a deep passion to the fight against Mr. Strickland’s aggressive actions in con- ing rescue and recovery effort in Haiti is still breast cancer. She has built an organization nection with identified security deficiencies at very much an issue of life and death, this tar- like no other to fight this terrible disease. Norfolk Naval Shipyard resulted in improve- geted initiative will reward those who have al- Susan G. Komen for the Cure is the largest ments in processes which have crossed over ready given while providing an extra incentive and most progressive group of breast cancer and positively impacted the region as a whole. for those who are considering a contribution. activists in the world. Similarly, his recent involvement regarding Additionally, I applaud Secretary Napolitano’s The Race for the Cure, which is now a glob- proposed reductions in fire and emergency decision to grant Temporary Protected Status al effort, has helped raise over a billion dollars services at NNSY, Naval Medical Command to Haitian nationals living in the United States, for research, health services and educational Portsmouth and Naval Station Norfolk resulted which will enable these individuals to stay in efforts supporting millions of women in need. in no reduction in service or adverse impact to the U.S. for up to 18 months past their visa All of this because of Nancy, her passion and mission. expiration. her vision. Mr. Stickland was awarded the Purple Heart America is a generous and compassionate It has been an honor and privilege to work for injury sustained during his service in the Nation that has always responded to our with Nancy over the last year and I cannot Navy, demonstrating his selfless sacrifice and

VerDate Nov 24 2008 04:27 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A21JA8.011 E21JAPT1 smartinez on DSKB9S0YB1PROD with REMARKS January 21, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E61 the full measure of his devotion to the United passed away last year at the age of seventy- I didn’t know that, because it’s often more States. one. aggressive and diagnosed later, younger Madam Speaker, please join me and the Bill was born August 8, 1938 in McKinney, women—compared to older women—are more employees of Norfolk Naval Shipyard in offer- Texas to Roland and Nanette Boyd. He re- likely to die. ing our sincere congratulations to Mr. Strick- ceived both an undergraduate and JD from But I thank God that I knew enough. I didn’t land on his exemplary service and a retire- SMU in Dallas. He was elected Collin County find my tumor through luck. I found it through ment well deserved. District Attorney even before completing his knowledge and awareness, the fundamental f law degree. tools for early detection. Bill realized his passion for law and gave up These are the reasons why I commend my EARLY DETECTION MONTH FOR his political ambitions to work for the success- colleague, Congressman ETHERIDGE, for intro- BREAST CANCER ful law firm his father founded. Over his ca- ducing this critical resolution that will enhance reer, Bill handled many prominent cases. He public awareness of screening for breast can- SPEECH OF was well-known in north Texas area for his cer and all other forms of cancer. HON. EDDIE BERNICE JOHNSON work with the Dallas police and firefighters in At the end of the day, knowledge is power. OF TEXAS a back-pay lawsuit. And with this resolution, we will give men and IN THE HOUSE OF REPRESENTATIVES Bill was a longtime member of the First women all across America the power to detect Baptist Church of McKinney, Texas where he cancer early, and we will save lives. Wednesday, January 20, 2010 served as Chairman of the Board of Deacons. f Ms. EDDIE BERNICE JOHNSON of Texas. He was preceded in death by first wife, Betty HONORING THE LIFE OF ZANER Mr. Speaker, I rise today in support of H. Con. Boyd. FAY CULBERSON ROBISON Res. 158 to express my support for the des- He will be missed by wife, Barbara White BENETIN ignation of an early detection month for breast Boyd and a host of friends. Bill and I stayed cancer and all other forms of cancer. in touch. I received much advice that I acted Early detection is incredibly important in on. Bill was a great lawyer and a super friend. HON. RALPH M. HALL saving the lives of victims of cancer. While this Madam Speaker, I commend Bill Boyd for OF TEXAS is true for people suffering from every form of his commitment to the legal community, and I IN THE HOUSE OF REPRESENTATIVES cancer, it is particularly important for those ask the U.S. House of Representatives to re- Thursday, January 21, 2010 suffering from breast cancer. Breast cancer tire at close of House business today in honor Mr. HALL of Texas. Madam Speaker, I rise can be detected through procedures that of this fine friend. today to honor a respected public servant, screen for abnormalities in breast tissue, and f Zaner Fay Culberson of Royse City, Texas, it is considered to be the best way for women who passed away this past June at the age of to lower their risk of dying from the disease. EARLY DETECTION MONTH FOR ninety-five. Essentially, these screenings find the cancer BREAST CANCER Zaner was born to Tom and Hattie May early, when it is most treatable, and for this SPEECH OF Culberson on March 13, 1914 near Gilmer, reason, designating an early detection month Texas. In 1939 Zaner married Robert Robison. is incredibly important to help save the lives of HON. DEBBIE WASSERMAN SCHULTZ They soon moved to Caddo Mills, Texas, the almost 200,000 women in the United OF FLORIDA where they jointly founded the Caddo Mills En- States who are diagnosed with invasive breast IN THE HOUSE OF REPRESENTATIVES terprise and purchased the Royse City Amer- cancer each year. Wednesday, January 20, 2010 ican in 1942. They started the Tawakoni News It is important to note, as well, that the risk in 1963. Robert passed away in 1975, and of getting breast cancer is much lower for Afri- Ms. WASSERMAN SCHULTZ. Mr. Speaker, Zaner continued operation of the newspapers. can-American women than white women; how- I rise today in support of House Concurrent She went on to found four more local papers ever, African-American women are more likely Resolution 158, expressing support for the designation of an Early Detection Month to en- in the region. to die from breast cancer. This is attributed Zaner served as Mayor of Royse City from hance public awareness of cancer screening. partly to the fact that African-American women 1980 to 1982. She was a longtime member of As a young woman, I recently experienced are less likely to get regular mammograms, re- the Chamber of Commerce of Royse City and firsthand why early detection is vital. As you sulting in a diagnosis of breast cancer at a the Texas Press Association. In 1979 Zaner may know, nearly two years ago, I was diag- later stage. This is one more reason why des- married to John Benetin, whom she led into nosed with breast cancer. ignating an early detection month is so impor- the newspaper industry. During my year of treatment, I underwent tant. Zaner was an active member of the Royse genetic counseling and testing. I met with In my district, we are doing our part to en- City United Methodist Church where she many specialists. I had seven surgeries. I am sure early detection. Susan G. Komen for the taught several classes and served as a mem- pleased to stand before you today cancer-free. Cure is one of the leading advocates for ber of the administration board. She was later But the fact is, I may not have been around breast cancer awareness and actively pro- President of the United Methodist Women for for any of these life saving procedures if I motes early detection. From their head- the region. She is preceded in death by hus- didn’t have the knowledge and awareness to quarters in Dallas, they have been advancing bands, Robert Robison and John Benetin. She catch my lump early. the cause for breast cancer prevention and will be missed by a host of nieces and neph- As a Member of Congress and lifelong ad- awareness across the country. I am proud of ews and the entire Royse City community. vocate for early detection of cancer, I knew the work they have done to save countless Madam Speaker, as we adjourn today, let the statistics for breast cancer—that 1 in 8 lives across the country. us do so in memory of Zaner Fay Culberson, women will be diagnosed in her lifetime. Mr. Speaker, today I encourage my fellow who for many years I could count on for wis- I knew the importance of knowing what your colleagues to join me in supporting this very dom and support. I commend Zaner for her breasts are supposed to feel like—that’s why important resolution that expresses support for lasting impact on the newspaper industry and I chose to do self-exams. the designation of an early detection month for devotion to community service. cancer and breast cancer. I knew the importance of early detection— f f clinical exams every 3 years as of age 20; every year after 40 . . . mammograms every HONORING TONY KENNETH HONORING THE LIFE OF WILLIAM year after 40. MEUNIER MATSON BOYD And yet for all that I knew to help me in- crease my chances of early detection of can- HON. BRIAN HIGGINS HON. RALPH M. HALL cer, I soon realized how much I didn’t know. OF NEW YORK I didn’t know that—even with no immediate OF TEXAS IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES family history of breast cancer—as an Ash- kenazi Jew I was five times more likely to Thursday, January 21, 2010 Thursday, January 21, 2010 have the mutation . . . and, if I did, that I’d Mr. HIGGINS. Madam Speaker, I rise today Mr. HALL of Texas. Madam Speaker, I rise have up to an 85 percent lifetime chance of to honor Tony Kenneth Meunier in celebration today to honor the life and achievements of getting breast cancer . . . and up to a 60 per- of his recent retirement from the U.S. Geologi- William Boyd of McKinnney, Texas, who cent chance of getting ovarian cancer. cal Survey (USGS) after almost 42 years of

VerDate Nov 24 2008 04:27 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A21JA8.014 E21JAPT1 smartinez on DSKB9S0YB1PROD with REMARKS E62 CONGRESSIONAL RECORD — Extensions of Remarks January 21, 2010 Federal Government service. He is a remark- Madam Speaker, I ask my colleagues to join Zion Baptist Church in Philadelphia, Pennsyl- able, inquisitive man who, with passion and me in saluting Mr. Meunier for his 42 years of vania on January 24, 2010. dedication, has worked tirelessly throughout public service, for his accomplishments and Dr. Bronson is an ordained minister and his career to advance our knowledge of the for all he has done to engender continued in- consecrated bishop. She began preaching at Earth, Space and social sciences. He has terest in the advancement of knowledge the early age of fourteen and after many years been a soldier, educator, explorer, scientist, among his colleagues and the public at large. of serving as an evangelist, she established writer and devoted family man. f Mr. Meunier, originally from Buffalo, New the Sanctuary Church of the Open Door in York, began his Federal Career by enlisting in HONORING BUD HUDDLESTON 1975. Under her leadership, Sanctuary Church the U.S. Air Force (USAF) in 1963, when grew rapidly. She also founded the Sanctuary President John F. Kennedy was Commander- HON. TRAVIS W. CHILDERS Christian Academy in 1978, a private aca- in-Chief. Staff Sergeant (E–5) Meunier served OF MISSISSIPPI demic school from pre-school to fifth grade; overseas for almost 3 of his 4 years with the IN THE HOUSE OF REPRESENTATIVES the Sanctuary Bible Institute and the Sanc- USAF Security Service. After military service, tuary Counseling and Referral Center. he used the GI Bill (Vietnam War Era) to earn Thursday, January 21, 2010 Because of the demands of a growing a Bachelors and Masters Degree in Geology, Mr. CHILDERS. Madam Speaker, I rise church, Dr. Bronson retired from Cheyney Uni- Geography, and Earth-Space Sciences from today to recognize the life of Bud Huddleston versity in 1984 as Associate Professor of Psy- the State University of New York at Geneseo as a music legend from North Mississippi. Mr. chology after seventeen years of teaching. and SUNY Brockport, New York. After teach- Huddleston has been a working musician in ing math and science in the Rochester, New Tippah County and across North Mississippi She served as Dean of the Philadelphia Urban York area, Mr. Meunier joined the USGS for over 50 years. Education Institute, a subsidiary of the African Topographic Division, Office of Research and Mr. Huddleston, a lifelong resident of Tippah American Interdenominational Ministries, Inc. Technical Standards, in May 1972. County, has spent the last half century making (AAIM, Inc.) of Philadelphia in association with Always interested in cutting edge science music and thrilling local crowds with his be- the major seminaries of Philadelphia, Pennsyl- and technology, Mr. Meunier became one of loved wife, Hazel, now sadly deceased. The vania. Dr. Bronson serves as secretary on the the USGS’s first Research Digital Cartog- two met in the mid-1940s when Bud encoun- board of One Church, One Child, Inc. of Penn- raphers and an early advocate of using tered Hazel playing at a dance in a band with sylvania, a statewide organization organized to Landsat imagery for field research and map- her father and brothers. He remembers liking encourage members of African American ping applications. Also, as a physical scientist/ both her looks and her guitar playing. Despite Churches to adopt African American children. cartographer, Mr. Meunier made significant contributions to the USGS program in Antarc- the fact that Hazel’s father accompanied them She also served on the Mayor’s Transition tica, an international program that spans more on their first date, they continued to see one Team. than 60 years. He has been a member of another and play together, eventually getting Dr. Bronson is deeply touched by human three deep field expeditions to Antarctica, in- married in 1949. suffering and her church doors are open Both Bud and Hazel Huddleston played cluding a 14 month period, serving as a mem- seven days a week to minister to people in music from childhood and learned from family ber of one of the first USGS satellite surveying need of both spiritual and physical help. Dr. members. The Huddlestons attributes a 1979 winter-over teams at South Pole Station during Bronson has served as block captain; min- encounter with bluegrass musician Clarence 1974. For this expedition, in 1974, Mr. istered in prisons; worked to rid the area of Meunier was awarded the Antarctic Service Goodrum as having a significant impact upon their career. Although the two played country drugs surrounding her church and helped to Medal of the United States of America. During feed homeless people. She has a tremendous the 1982–83 field season, as a member of music, Mr. Huddleston’s great love was blue- grass. Having the opportunity to spend time desire to bring about changes in the lives of Antarctic Search for Meteorites (ANSMET) her fellowman and faith in his ability to help group, working in a previously unexplored re- and play with Goodrum convinced Mr. Huddle- himself. Dr. Bronson will continue her good gion on the East Antarctic Plateau, he initiated ston to make the change and they have works as President of the Zion Baptist Church. a successful plan for locating blue-ice areas played mountain music ever since. with meteorite concentrations using Landsat Despite an excellent reputation as live per- The Zion Baptist Church began as a mis- satellite imagery and also developed a new formers, the couple may be best known for sionary prayer meeting in 1882 led by Rev- satellite surveying positioning method to locate their radio work. Since 1982, the Huddlestons erend Horace B. Wayland in the home of Mr. and map the meteorites discovered in field op- were a fixture on the airwaves on Kudzu 102, & Mrs. Lewis Simms. Over the years, Zion erations. In 1995–96, Mr. Meunier was a a station that covers a large portion of North membership grew to an extraordinary 6,000 member of the first U.S. Absolute Gravity Mississippi, North West Alabama and South congregants. In 1955, Zion moved to its cur- team obtaining measurements in the McMurdo West Tennessee. They performed a bluegrass rent location at Broad & Venango Streets, and Dry Valley areas and as a supporting show on KUDZU 104.9 Saturday mornings where it was transformed into an urban Chris- member of the South Pole Overland Tra- and a bluegrass gospel program on Sundays. tian center. To this end, the Church initiated verses’ search for a usable over-snow route to Mr. Huddleston is the voice of the program the following programs: a day care center, and chooses the music. Mrs. Huddleston lost resupply the South Pole Station. Finally, dur- credit union, community center programs, em- her long battle with cancer on March 29, 2008. ing the just completed International Polar Year ployment agency, retirement home, adult edu- Mr. Huddleston still lives in Ripley, Mis- (IPY), Mr. Meunier published a series of cation courses, reading classes and family USGS Open-File Reports on the Scientific Ac- sissippi where the Huddlestons have spon- counseling. complishments of the USGS over the past 60 sored the Tippah Lake bluegrass festival for years. over 20 years, now with crowds of more than The Zion Baptist Church and its leadership Throughout his career, Mr. Meunier has 700. I ask my colleagues to join me today in have consistently placed an emphasis on demonstrated a continuing dedication to the thanking Mr. Bud Huddleston for the joy his community development and Christian youth advancement of polar science. His contribu- years of performances and broadcasts have leadership. Community, social, and theological tions to research and the mapping of Antarc- brought to his audience. We recognize him initiatives organized by the Church include the tica have provided the Nation an invaluable today for a life of love and musicianship. Zion Center for Corresponding Biblical Stud- asset. In 1977, at the recommendation of the f ies, weekly Bible Study, Transportation Min- Advisory Committee on Antarctic Names, istry, Puppet and Clown Ministry, spiritual re- IN HONOR OF BISHOP DR. AUDREY Mount Meunier, a feature on the Walgreen treats, leadership workshops, Zion Outreach F. BRONSON Coast of Marie Byrd Land, Antarctica, was Support Ministry and the Human Services named in his honor by the United States Center. Board on Geographic Names. Also, in recogni- HON. JOE SESTAK Dr. Bronson’s selection as President of the tion of his exemplary scientific and pro- OF PENNSYLVANIA Zion Baptist Church is the well earned result grammatic contributions to the U.S. Geological IN THE HOUSE OF REPRESENTATIVES Survey’s scientific activities in the exploration of many years of dedicated service to the of Antarctica, the Department of the Interior, in Thursday, January 21, 2010 church and the Philadelphia community at 2009, awarded Tony Kenneth Meunier, its Mr. SESTAK. Madam Speaker, I would like large. On behalf of the Seventh Congressional second highest honor, the Meritorious Service to honor Bishop Dr. Audrey F. Bronson in rec- District, I wish Dr. Bronson continued success Award. ognition of her investiture as President of the in this new endeavor.

VerDate Nov 24 2008 04:27 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\K21JA8.006 E21JAPT1 smartinez on DSKB9S0YB1PROD with REMARKS January 21, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E63 HONORING TEDDY PENDERGRASS raiser for his Alliance, and it marked 25 years For his courage and bravery at extreme risk (1950–2010) since the accident. to his own life, Deputy Cephas is being award- Then, at last, came retirement. This past ed the Medal of Valor, the highest award of HON. CHAKA FATTAH year, Teddy Pendergrass faced a battle with the Escambia County Sheriff’s Department. OF PENNSYLVANIA colon cancer that his great heart and courage Madam Speaker, on behalf of the United IN THE HOUSE OF REPRESENTATIVES could not overcome. States Congress, I am privileged to recognize Teddy Pendergrass loved life and would Deputy Curtis Cephas for going above and be- Thursday, January 21, 2010 light up any room with his million dollar smile. yond the call of duty. He is a hero to the com- Mr. FATTAH. Madam Speaker, Teddy He loved his family and held them close to his munity and a true public servant. My wife Vicki Pendergrass lived many remarkable lives—a heart. This love was evidenced in the way that and I wish Deputy Cephas and his family all life of song, rich and sensuous, a life of deter- he encouraged family and friends to share pri- the best for the future. mination to overcome a difficult childhood in vate moments with him. He and his wife Joan f North Philadelphia, and finally a life of perse- enjoyed spending every possible moment to- verance and triumph against the greatest odds gether; laughter was a tremendous part of RECOGNIZING CAPTAIN JOSEPH A. imaginable. their life. Their love for each other was or- IANNITTI—SCOTTSDALE HEALTH- When Teddy Pendergrass, at the too-young dained by God and they became one in mar- CARE’S ‘‘SALUTE TO MILITARY’’ age of 59, died January 13 in a hospital sev- riage. Teddy returned to the Lord Jesus Christ HONOREE eral miles from where he grew up in North and together they joined the Enon Tabernacle Philadelphia, the tributes flowed from across Baptist Church. HON. HARRY E. MITCHELL the nation and the world. But they weren’t Teddy leaves to cherish his memory, his OF ARIZONA nostalgic reminisces for a faded star whose loving wife, Joan Pendergrass, his devoted IN THE HOUSE OF REPRESENTATIVES career might have been cut short by a para- mother, Ida Pendergrass, his children, Teddy Thursday, January 21, 2010 lyzing automobile accident. The praise and ad- II (daughter-in-law, Felicia), Tishia (son-in-law, miration were present-tense, for a man who— Cedric) and LaDonna; stepdaughters Sherilla Mr. MITCHELL. Madam Speaker, I rise by guts and willpower— kept performing, kept Lestrade and Jessica Avila; grandchildren, today to honor a member of the Armed Forces filling concert halls, stayed vibrant on the Montaurius Drane, Desaray Drane, Teddy from my home state of Arizona. Each month, playlists and wherever music is enjoyed. Pendergrass III, Alana Nida Sky Pendergrass, Scottsdale Healthcare recognizes service Even more, Teddy Pendergrass was a man Jasmine Lestrade, Gabriel Gomes and Jere- members who perform diligent service to our of character and example. He grew in stature miah Sanford. In addition to his immediate country. Scottsdale Healthcare has recognized with the passage of years. He endured the family, Teddy will be dearly missed by his Captain Joseph A. Iannitti for the month of hard solitary work of rehab so that he could godchildren, family and friends; especially, his January. return to the limelight—in a wheelchair, but cousins, Jerry and Francina Pendergrass, I commend Scottsdale Healthcare for paying ever-soulful. The tragedy of March 18, 1982 George Mouzon, Pee Wee Mosley and tribute to such an exceptional service member did not render Teddy bitter or consumed with Neverland Dent; his special family; Joyce for his bravery and service to our country. self-pity. He emphatically made it clear that Canderlero, Edwin Dereese Canderlero, Anto- Captain Joseph A. Iannitti is the son of ‘‘there is life after paralysis’’. nio Canderlero, Keya Perinchief, Kylid Susan Iannitti who has worked for Scottsdale Offstage, Teddy Pendergrass worked to in- Perinchief, Lori Edmonds, Paya Williams, Healthcare for 23 years and is currently the spire and encourage others. He established ‘‘second Mom’’ Louise Hollerway, his man- Supervisor of Registration. the Teddy Pendergrass Alliance to raise ager’s Danny Markus, Shep Gordon and Allan Captain Iannitti has served in the Army for money for other victims of spinal cord injuries. Strahi and longtime friend, Henry Evans. nine years and is currently the Executive Offi- He partnered with the National Spinal Cord It is as Enon Tabernacle, one of Philadel- cer for the 286th Signal Company, 11th Air Association. He inspired young artists—and phia’s great churches, that a Celebration of Defense Artillery Brigade at Fort Bliss, Texas. youth people with severed spinal cords. Life will be conducted on Saturday, January Next month, he will deploy to Kuwait where he Theodore DeReese Pendergrass, born 23, at 10 a.m. Teddy Pendergrass lived a life will be serving a one year tour of duty as a March 26, 1950, had a strong and special re- worthy of celebration at every level. His music Communications Officer for the 3rd Battalion, lationship with his mother Ida Burgess lives on. His spirit lives on. His fierce deter- 43rd Air Defense Artillery Regiment, 11th Air Pendergrass—and with the gift of music that mination and zest for life endures. This is how Defense Artillery Brigade. she nurtured. Ida would stand young Teddy, at we know him, by now. During his service Joseph has received nu- the age of two, on a chair in church and he f merous awards, all of which serve as a tribute would sing praises to the Lord. At age ten he to his honorable character. He was awarded was licensed to the Gospel Ministry. Soon he RECOGNIZING DEPUTY CURTIS two commendation medals, an achievement was playing the drums for various local groups CEPHAS FOR RECEIVING THE medal, good conduct medal, national defense including The Cadillacs. It was while drum- MEDAL OF VALOR service medal, reserve mobilization medal and ming for Harold Melvin and the Blue Notes a global war of terrorism service medal. that his vocal gift was discovered. HON. JEFF MILLER Madam Speaker, please join me in recog- In 1972, he signed to Gamble & Huff’s OF FLORIDA nizing this courageous service member for his Philadelphia International Records label. IN THE HOUSE OF REPRESENTATIVES outstanding contributions and service to our ‘‘Teddy Bear’’ was smoldering hot—in his re- country. Thursday, January 21, 2010 cordings, on stage, everywhere he went. He f recorded 10 platinum (million-selling) albums Mr. MILLER of Florida. Madam Speaker, I in a row for Gamble and Huff at Philadelphia rise today to recognize Deputy Curtis Cephas HIGHPOINT’S GUERRA HONORED International Records. No one who heard of the Escambia County Sheriff’s Department WITH STATE LAWN CARE AWARD them will ever forget hits like ‘‘Love TKO’’, upon receiving the Medal of Valor, the depart- ‘‘Turn Off the Lights,’’ ‘‘Feel The Fire.’’ And of ment’s highest honor. Deputy Cephas risked HON. TIM RYAN course, ‘‘If You Don’t Know Me By Now.’’ His his life in service to the community, and I am OF OHIO ‘‘women only’’ concerts are legendary. proud to recognize his selfless act of heroism. IN THE HOUSE OF REPRESENTATIVES A year after his accident Teddy On July 3, 2009, while off-duty, Deputy Pendergrass returned to recording, memorably Cephas was informed by a local citizen that a Thursday, January 21, 2010 in a 1984 duet with Whitney Houston, titled nearby house was on fire. Deputy Cephas ran Mr. RYAN of Ohio. Madam Speaker, the ‘‘Hold Me.’’ He rolled that wheelchair onstage to the house, noticed smoke pouring from in- Ohio Lawn Care Association recently an- at JFK Stadium to perform at the unforgettable side, and began searching the home to deter- nounced Christopher Guerra, of Highpoint ‘‘Live Aid’’ charity concert. He produced a mine if anyone was inside. After discovering Lawn Service in Stow, as the recipient of its 1998 autobiography, undertook a 2002–2003 that the home’s occupant was inside and un- first-ever Ohio Lawn Care Applicator of the concert tour, and all the while serving as an able to escape the fire, Deputy Cephas pro- Year Award. The new annual award recog- inspiration to many young artists. The mile- ceeded to enter the burning house and found nized Guerra for his dedication to customer stone of his life was ‘‘Teddy 25—A Celebra- the resident inside and immobile. He suc- service and 7 years of work experience at tion of Life, Hope and Possibilities’’ at Phila- ceeded in pulling the man outside and safely Highpoint. He was presented a plaque by delphia’s Academy of Music. It was a fund away from the fire. OLCA Publicity Committee Chair, Rob Palmer,

VerDate Nov 24 2008 04:27 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\K21JA8.009 E21JAPT1 smartinez on DSKB9S0YB1PROD with REMARKS E64 CONGRESSIONAL RECORD — Extensions of Remarks January 21, 2010 Weed Pro, Ltd. at the OLCA annual meeting longstanding dedication, leadership and self- fects on merchants and banks, and its role in Dec. 8 during the Ohio Turfgrass Conference less spirit and congratulate her on receiving funding of US gang violence, transnational & Show. the Presidential Medal of Freedom. organized crime, and global terrorism. It’s Guerra was selected from five finalists in- time for our financial services industry to f put a stop to this, by working together to cluding: Matt Dixon, Buckeye Ecocare; Fred allow merchants to tell the difference be- Hoyt, Custom Lawns; Matt Netzley, Fitzwater INITIATIVE TO WIPE OUT CREDIT CARD FRAUD tween our real cards, and these fakes that Tree & Lawn Care; and Dan Paolini, Weed are plaguing our way of life. Man Lake County. It’s now possible for banks and merchants Guerra was nominated by Highpoint Presi- HON. DANA ROHRABACHER to easily and economically completely elimi- dent John Prusa, who commended Guerra for OF CALIFORNIA nate counterfeit cards from our world, and his productivity and personal, caring service to IN THE HOUSE OF REPRESENTATIVES they can do it today. By adding a simple a loyal customer base while completing his ‘‘card authentication’’ check to the credit Thursday, January 21, 2010 and debit process, which works with the education and earning a degree from the Uni- Mr. ROHRABACHER. Madam Speaker, I same 3 billion cards we already have in our versity of Akron. Several complimentary letters wallets and the same ‘‘swipe’’ that we’ve from customers accompanied his nomination. rise to speak briefly about an initiative by MagTek, a company from California’s 46th come to trust over 10 trillion times per year, The Ohio Lawn Care Applicator of the Year we will allow our retailers to simply decline Award, sponsored by Dow AgroSciences, is a District, which I represent. This initiative is counterfeit card charges and thus wipe out new award to be presented annually by aimed at eliminating credit card fraud which counterfeit card fraud around the world. OLCA. To apply, one had to be a member funds gangs, crime syndicates and global ter- All it takes to make this a reality is for company of the association and could only be rorist organizations, including Al Qaeda. I the banks, processors, and merchants to nominated by a company owner, manager or would include in the record a short excerpt agree to share the ‘‘magnetic fingerprint’’ from a speech describing the initiative, and I inherent in the magnetic stripe of every card supervisor. Nominees were required to have a we use, and rather than arguing over costs state of Ohio applicators license with a min- ask all of my colleagues and the American people to join us in wiping out credit card we can be sharing the savings that come to imum of two years experience. all of us by saving billions of dollars of fraud OLCA represents nearly 500 professional fraud. every year. Already, we have the initial com- lawn care companies throughout Ohio, and is EXCERPT FROM A SPEECH TO THE FEDERAL DE- mitments to register the first 100 million committed to promoting and protecting the POSIT INSURANCE CORPORATION (FDIC) PAY- cards, and make this check available to the lawn care industry in Ohio. For more informa- MENT SECURITY CONFERENCE first 250,000 merchants. But we need the rest tion about OLCA or the Applicator of the Year (By MagTek Chief Security Officer Tom of the players to take this step. Award, call 800–510–5296; email Patterson) I am here today to urge you to join the co- Billions of dollars are being stolen every alition to wipe out counterfeit card fraud [email protected]; or visit (www.NoCardFraud.com), and to do your www.OhioLawnCare.org. year from thousands of banks, hundreds of thousands of merchants, and millions of con- part in protecting the identities of millions f sumers—and it’s being used to fund gang ac- of Americans, improving the financial health of millions of retail stores and banks, shut- CONGRATULATING NANCY tivity, organized crime, and terrorist plots. And it’s got to stop. ting down a key criminal activity of gangs GOODMAN BRINKER Our identities and credit card information and organized crime, and disrupting the are being stolen across America, by waiters funding of global terrorists. SPEECH OF and waitresses in our restaurants, by clerks HON. JEB HENSARLING at our stores, and even our ATM machines f and gas pumps. In fact, every time we hand OF TEXAS over our credit or debit card, Americans are A TRIBUTE TO GRAYSON COUNTY, IN THE HOUSE OF REPRESENTATIVES taking a risk that our critical information KENTUCKY Wednesday, January 20, 2010 could be stolen. Last year, over $4 billion dollars was stolen from us with these meth- Mr. HENSARLING. Mr. Speaker, today I ods and others like them, and many of these HON. BRETT GUTHRIE would like to honor Ambassador Nancy thefts are being perpetrated by people and OF KENTUCKY Brinker for her continued leadership and advo- machines that have been co-opted by crimi- IN THE HOUSE OF REPRESENTATIVES nal gangs. cacy in breast cancer research and congratu- Thursday, January 21, 2010 late her on receiving America’s highest civilian Gangs in America, like the ‘‘Bloods’’ and honor, the Presidential Medal of Freedom. the ‘‘Crips’’, have now moved aggressively Mr. GUTHRIE. Madam Speaker, I rise today Ambassador Brinker’s commitment to de- into the counterfeit card business, providing to honor a great place in the Commonwealth the devices (called skimmers), and paying of Kentucky—Grayson County. On Monday, feating breast cancer began 28 years ago out $20 for every card number stolen. In fact, after she lost her sister to the disease. Since counterfeit card fraud is now the third larg- January 25, 2010, Grayson County will cele- that time, Ambassador Brinker has dedicated est revenue source for many of our largest brate its 200th birthday. her life to increasing public awareness and de- gangs, moving ahead of extortion. They The county was established in 1810 as the veloping a grassroots network of individuals make their money by selling blocks of these 54th county in Kentucky. It was named after affected by breast cancer. freshly stolen identities up-stream, to for- Colonel William Grayson, a Virginian states- As the founder of Susan G. Komen for the eign organized crime. man and Revolutionary War aide to General A 2009 United Nations report has identified George Washington. Cure, Ambassador Brinker has campaigned Russian organized crime as the world’s larg- tirelessly to help those affected by breast can- est source of counterfeit card fraud, just Col. Grayson once owned over 5,000 acres, cer and has raised over $1.3 billion for re- ahead of the Chinese triad gangs. The largest which included the western end of Grayson search and education purposes since it was of these, known as the Russian Business Net- County. As the story goes, Washington pur- founded. work, is well known for purchasing these ag- chased the land from Henry Lee, the father of Now serving as the Goodwill Ambassador gregated lists of identities and card numbers, Robert E. Lee, by trading his favorite horse. for Cancer Control for the United Nations’ combining them with near-perfect looking Grayson County includes many great attrac- World Health Organization, Ambassador fake cards and then selling them on under- tions, offering individuals a great place to visit Brinker’s dedication and leadership are felt world-sponsored auction sites to the highest and live. Grayson County’s Twin Lakes and bidder. throughout the world as she promotes aware- One of the largest bidders for these coun- the Rough River State Resort Park offers ness and continues the global fight against terfeit cards this past decade has been Al countless recreational opportunities, including breast cancer. Qaeda, who repeatedly purchases them for swimming, nature trails, boating, tennis, and Breast cancer is a devastating disease that use in funding their terror plots around the go-cart racing as well as campsites and lodg- has touched many lives. As a former volunteer world. The horrific bombing in the nightclub ing. and board member of the American Cancer in Bali, which killed 202 people, was funded I am proud to represent the citizens of Gray- Society of Dallas, I have seen how cancer im- in large part by recently skimmed cards. A son County and they should be celebrated for pacts a family. As a husband and father, I captured Al Qaeda handbook describes in their contributions to making Kentucky such a great detail how to fund their plots, includ- share a deep commitment to the fight against ing the transliteration ‘‘obtain credit card wonderful place. Madam Speaker, I ask my cancer. numbers and use them to fund the struggle.’’ colleagues to join me in honoring Grayson Mr. Speaker, on behalf of the Fifth District of The security of our citizens should be para- County and congratulating them on 200 amaz- Texas, I applaud Ambassador Brinker for her mount, especially in light of its negative ef- ing years.

VerDate Nov 24 2008 04:27 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\K21JA8.012 E21JAPT1 smartinez on DSKB9S0YB1PROD with REMARKS January 21, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E65 HONORING MS. KRISTEN JARBOE four. I did it, daddy.’’ Millions and millions of HONORING BILL JELLISON FOR EXCELLENCE IN TEACHING our fellow countrymen will never experience that moment because of what I believe to be HON. JERRY MORAN HON. BEN CHANDLER a very wrongheaded and a very unconstitu- OF KANSAS OF KENTUCKY tional decision made many, many years ago. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES And so, a battle continues in this great body Thursday, January 21, 2010 Thursday, January 21, 2010 as a battle continues all across our land. It’s Mr. MORAN of Kansas. Madam Speaker, I Mr. CHANDLER. Madam Speaker, I rise not just a battle to change laws. It is a battle rise today in memory of Bill Jellison—a lifelong today to recognize an exemplary resident of to change the hearts and minds of our coun- Kansan, a revered educator, and my friend. Kentucky’s Sixth Congressional District, Ms. trymen. It is something that I take as an article Bill passed away in April of last year at the Kristen Jarboe. Ms. Jarboe, a teacher at Elk- of faith. But, if there is any parent in this body age of 82, but he will always be remembered horn Elementary School in Frankfort, has been who has seen that sonogram when your baby for his nearly three decades of service to Fort named as a winner of the Presidential Award is just weeks old, to see that beating heart, to Hays State University and for his optimism de- for Excellence in Mathematics and Science see those little fingers, to see those little toes, spite adversity. teaching. This prize, awarded on behalf of the and know that you have this great privilege A native of Lincoln, Kansas, Bill attended White House’s Office of Science and Tech- that God Almighty has entrusted you with this Fort Hays State University and received de- nology Policy, is a very high honor, and I am gift to nurture this life, how you see that and grees in 1951 and 1952. Following graduation, proud today to recognize the accomplishments turn your back on it is beyond me, it is abso- he taught high school in southwest Kansas of this exceptional educator in the U.S. Con- lutely beyond me. along with his wife, Margaret. In 1960, Bill re- gress. turned to Fort Hays for what was to become I wish I knew what I could say to reach out Her teaching methods emphasize individual a 28-year career. Bill would serve as dean of to my fellow citizens and try to convince them attention and small classes so that struggling men, dean of students, and vice president of students are brought up to speed and not left to treasure human life and to understand how student affairs. He retired in 1988. behind. She is recognized as a leader not only precious it is. And often when we hear in the Bill had two passions in life: helping others among her students, but among the school as debate in this institution that we ought to do and the outdoors. During his tenure at Fort a whole, organizing after-school programs something for the least of these, truly unborn Hays, Bill enjoyed assisting students, particu- such as Family Math Night and creating a life is the least of these. Let us recognize it. larly those from small towns and rural areas. school-wide math test for primary through sec- Let us hold it precious. Let us live up to our He dedicated his career to ensuring that stu- ond grades. Her work does not end once stu- constitutional responsibilities and let us live up dents achieved success, assisting in any way dents leave her classroom at the end of the to our responsibilities from the Creator and possible. year, as she strives to instill a desire to learn grant our fellow citizens that precious right to In his spare time, Bill loved to hunt and fish in each of her students, and motivates them to life. with his buddies and inspired others to share become lifelong learners. There is much work to be done. I see a day, in this interest. One of the boys he inspired to Madam Speaker, I believe teaching is one which may not be in my life, but maybe in the hunt was Randy Wood, who is now a col- of the most important jobs in our nation and is umnist for the hunting magazine Horizontal life of my children and maybe in the life of my often underappreciated. Ms. Jarboe’s devotion Bowhunter. Randy’s father was Bill’s friend grandchildren, should I be blessed with any, to her work and her students is certainly de- and hunting buddy, as was Randy once he serving of this great award and recognition, that one day all Americans will somehow lock became old enough to hunt. After Bill’s pass- and with people like her teaching our young arms and lock hearts and decide that they will ing, Randy wrote a heartfelt tribute, describing people, I am excited for our future generation protect and defend that unalienable right to Bill as a ‘‘big man who loved to talk and al- of leaders. life. ways had a smile on his face. The sound of f his laughter would fill the room.’’ f In 1994, Bill tragically suffered a severe HONORING THE UNBORN stroke that left him disabled. Though wheel- TESTIMONY ON THE 37TH ANNUAL chair bound and no longer able to walk the HON. JEB HENSARLING MARCH FOR LIFE fields for pheasants, Bill remained optimistic. OF TEXAS He kept a bright outlook on life and continued IN THE HOUSE OF REPRESENTATIVES HON. HENRY E. BROWN, JR. to care about others. After a 15-year struggle, Thursday, January 21, 2010 Bill passed away last spring. For those of us OF SOUTH CAROLINA blessed to have known him, let us be thankful Mr. HENSARLING. Madam Speaker, I need that God places men like Bill Jellison in our IN THE HOUSE OF REPRESENTATIVES not tell you that tomorrow millions of Ameri- lives. May we always remember and honor cans will reflect upon the Supreme Court deci- Thursday, January 21, 2010 him. sion, Roe v. Wade. Some Americans will cele- f brate. Many others will mourn. I will mourn Mr. BROWN of South Carolina. Madam that decision. Speaker, I rise today in support of the 37th HONORING CHESTER GRAVES I know this question represents one of the Annual March for Life. On Friday, thousands great political fault lines in America today and of people from around the country will gather HON. JOHN J. DUNCAN, JR. that many of my countrymen and women feel in Washington, DC to rally against the Su- OF TENNESSEE quite differently than I do. But I believe in my preme Court’s 1973 Roe v. Wade decision. IN THE HOUSE OF REPRESENTATIVES heart and in my head that there is no more fundamental right that we have than the right I have always been a pro-life advocate and Thursday, January 21, 2010 to life. It is enshrined in our founding docu- throughout my years in Congress have earned Mr. DUNCAN. Madam Speaker, I wish ments. Our Creator brought us into this world a 100% pro-life voting record. I believe every today to honor a businessman and beloved with certain unalienable rights, including the human being has the right to life and that community leader in one of my District’s most right to life. every life should be preserved and protected. close-knit communities. I can come to no other conclusion in my This year it is even more important to bring Chester Graves recently retired from the heart and in my head that life begins at con- attention to the unethical principles of abortion pharmaceutical business following a remark- ception. I cannot understand my countrymen as Democrats in Congress continue to discuss able 60-year career. Chester told his local who come to different conclusions. I do not newspaper, The Daily Times in Maryville, Ten- the possibility of taxpayer funded abortions in hate these people, nor do I disparage them, nessee, that he did not have one bad memory their attempt to create a government takeover but I have great sadness about what has oc- of his years as a pharmacist, and his favorite of our healthcare system. curred because of their beliefs: that millions of part of the job was simply helping people. our countrymen are not here today to take that I applaud those who made the trip to Wash- Like many of his generation, Chester served first breath, to take that first walk, to go into ington to participate in the March for Life and admirably in World War II. He then returned that first dance recital, to hit that first baseball, I assure you that I will continue to fight for the home to build a business based on the con- to put together that first ‘‘Two plus two equals rights of the unborn. cept of people and personal service.

VerDate Nov 24 2008 04:27 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\K21JA8.016 E21JAPT1 smartinez on DSKB9S0YB1PROD with REMARKS E66 CONGRESSIONAL RECORD — Extensions of Remarks January 21, 2010 Chester did not fully retire until recently, in- Graves added that he would want his leg- of cancers. However, there are still over 2 mil- stead choosing to continue to work several acy to state that he helped a lot of people. lion new cases of cancer diagnosed each days a week at the Lowe’s Drug Store in ‘‘I would hope that I helped a lot of them,’’ year. he said. ‘‘I worked as manufacturer and The statistics are alarming: Breast cancer Maryville up until his 90th birthday. worked heavily with doctors and druggists. I Madam Speaker, I would like to congratu- had a good repertoire. There would be a new remains one of the most prevalent cancers af- late Chester Graves on his well-deserved re- drug that would come out and I would tell fecting women, and prostate cancer is the tirement and bring to the attention of my Col- them what I had been told about the drug.’’ second leading cause of cancer death among leagues and other readers of the RECORD a Steve Myers, co-owner of Lowe’s, described men. Only non-melanoma skin cancer remains tribute to Chester that appeared in The Daily Graves as a ‘‘professional person. He never more common for men and women overall. Times on December 14, 2009, which is re- became angry and he never met a stranger. Right now, it is estimated that one in eight printed below. He was just very goodhearted, he worked women will be diagnosed with breast cancer in hard, and just a person everybody liked. The MARYVILLE PHARMACIST RETIRES AFTER 60- their lifetime, and one in six men will be diag- biggest thing I will miss about him is his YEAR CAREER friendship.’’ nosed with prostate cancer. (By J.J. Kindred) Now that Graves is retired, what will he do Sadly, thousands of West Virginia women After more than 60 years in the pharma- now? faced breast cancer diagnosis in 2009 alone. ceutical business, you would think Chester ‘‘Rake leaves,’’ he said with a laugh. Yet each year, more women survive their bat- Graves would have at least one negative f tle with breast cancer due to medical ad- thing that happened in his career. vances in early detection and treatment. Med- Not a chance. HONORING THE MORRISTOWN ical researchers, including those at Marshall Graves retired last month after a career CLUB OF MORRIS COUNTY, NEW that spanned more than half of a century. University’s Joan C. Edwards School of Medi- Reportedly he is the longest-serving phar- JERSEY, ON ITS 125TH ANNIVER- cine in Huntington, West Virginia, are working macist in the State of Tennessee. SARY hard to improve those figures—but early de- He has his wife’s uncle to thank for jump- tection remains an important key to saving starting his career. lives, which is why I strongly support this effort ‘‘He had a drug store, and he said if I would HON. RODNEY P. FRELINGHUYSEN go into pharmacy, he would let me come into OF NEW JERSEY to designate an Early Detection Month to bring business with him,’’ said Graves, who will IN THE HOUSE OF REPRESENTATIVES attention and focus to this critical issue. The steady decline in deaths resulting from turn 90 next month. ‘‘They opened up a new Thursday, January 21, 2010 Baptist Hospital in Knoxville and he became breast cancer can be attributed to an increase a chief pharmacist and he sold his drug Mr. FRELINGHUYSEN. Madam Speaker, I in the number of women who receive mammo- store.’’ rise today to honor The Morristown Club of grams and the development of powerful new A McMinn County native, Graves spent Morris County, New Jersey, which is cele- drugs that successfully treat cancer. more than four years in the military, serving brating its 125th Anniversary Year. As many of you are aware, in 2006 I was during World War II. He went to pharmacy The Morristown Club was organized in De- diagnosed with prostate cancer and subse- school at the University of Tennessee at Memphis and worked for the former Cole cember 1884, in response to an invitation sent quently underwent surgery. I am very thankful Drug Store (which became Revco, then to a list of residents who lived in the area and for all of the West Virginians who contacted bought out by CVS). were deserving of a social meeting place. me, offering their prayers and support as I He spent several years in Greeneville, From 1889 to 1929, The Morristown Club prepared for my procedures, through my re- working for Ciba, (Chemical Industries was located at 126 South Street. Members of covery, and up to this day. I am also truly Basel) for 37 years in sales before it merged the Club were prominent in the community grateful to the doctors who were able to diag- with Novartis. in 1997. nose my cancer early and—with immediate He won the Tennessee Pharmacy Associa- and many members served in World Wars I tion’s Lubin Sales Representative Award in and II. In 1928, the Club members purchased treatment, they improved my chances for sur- 1984. a new building at 27 Elm Street where the vival. For 13 years, Graves worked for Lowe’s club still resides today. Cancer screening is often quick and easy Drug Store in Maryville in its nursing home In September 1983, the Club admitted and many testing measures can be performed division two or more days a week until his women to membership and elected as its first in a local doctor’s office. So many lives can be retirement. women members, Congresswoman Millicent saved and so many families spared a tragic He originally wanted to attend college to heartache of dealing with cancer diagnosis. major in chemical engineering until the Fenwick and State Assemblywoman Jose- pharmaceutical opportunity came along. phine Margetts. That is why I support H. Con. Res. 158 and ‘‘I didn’t need to be changing (career The club continues to provide luncheons the efforts to encourage early detection since choices) around all the time,’’ Graves said. and regular dinners with speakers and various the bottom line with cancer is raising aware- He said with his work at Ciba, which is programs. The Club has also made consider- ness and early detection saves lives. based in Switzerland, he traveled frequently able investments in interior and exterior res- f with the company all over the country. So what does Graves attribute his long ca- torations in keeping with the historic character HEALTHCARE DEBATE reer to? of the building and neighborhood. ‘‘I never did drink or smoke,’’ he said with Madam Speaker, I ask you and my col- a laugh. ‘‘The good Lord has been good to leagues to join me in congratulating the mem- HON. JOHN J. DUNCAN, JR. me, and (Lowe’s) was exceptionally good to bers of The Morristown Club as they celebrate OF TENNESSEE me. I only worked two days a week, but if 125 years in our community. IN THE HOUSE OF REPRESENTATIVES somebody went on vacation and they needed Thursday, January 21, 2010 me, they would call me.’’ f Mr. DUNCAN. Madam Speaker, I hope that Graves said the best thing about being a EARLY DETECTION MONTH FOR everyone who is concerned about the current pharmacist was that ‘‘you help people. A lot BREAST CANCER of people come in and talk to a pharmacist healthcare debate will read the following two before they go see a doctor. It’s a good pro- SPEECH OF insertions that I would like to call to the atten- fession. What I did over (at Lowe’s), they tion of my colleagues and other readers of the service a lot of nursing homes. We had tech- HON. NICK J. RAHALL II Record. nicians fill, orders and make stare (cus- OF WEST VIRGINIA First, this letter from Dr. Douglas Mac- tomers) have the right orders.’’ The pharmaceutical business has changed IN THE HOUSE OF REPRESENTATIVES kenzie, a surgeon from Santa Barbara, Cali- frequently over the years, Graves said. Wednesday, January 20, 2010 fornia. ‘‘Pharmacists don’t talk much with the pa- Second, this article from Investor’s Business tients like they used to,’’ he said. ‘‘I didn’t Mr. RAHALL. Mr. Speaker, I strongly sup- Daily by Tevi Troy, a Fellow at Hudson Insti- talk to customers much—I worked back in port designating an Early Detection Month for tute, and former Deputy Secretary of Health the back. The only people back there were Breast Cancer and All Forms of Cancer (H. and Human Services, and Jeffery Anderson, a the technicians and me. If there was some- Con. Res. 158). As a cancer survivor myself, Senior Fellow in healthcare studies at Pacific body I knew I would go and talk to them. I stand here as proof that early detection can ‘‘I would still be working if I could—I need Research Institute. the money,’’ Graves added with a laugh. save lives. HOW TO SOLVE HEALTHCARE ACCOUNTABILITY He said he would miss the contact with While the search for a cancer cure con- ‘‘Decades of data confirm the simple truth: people he worked with at Lowe’s. ‘‘They are tinues, much progress has been made in the If we want to lower health costs, we need to very nice people,’’ he said. areas of prevention, detection and treatment put consumers back in charge.

VerDate Nov 24 2008 04:27 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A21JA8.018 E21JAPT1 smartinez on DSKB9S0YB1PROD with REMARKS January 21, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E67 ‘‘Many people now feel like second-class ment/corporate cooperation (collusion), not young people in the United States. Today, en- citizens when they enter the doctor’s office. more. Lobbying for regulations favorable to rollment in Catholic institutions numbers at That’s because everyone in the office knows one group over another is a toxic concept, above 2 million students across the country that the patient isn’t really the payer—the based on the immorality of the method patient doesn’t hold the purse strings. itself. Yes, I know that this is the ‘way gov- with a student to teacher ratio of approxi- ‘‘The greater the percentage of medical ernment works’ nowadays, and I hear the ar- mately 14 to 1. Additionally, Catholic schools costs that patients pay to their insurance guments that we need to have a ‘seat at the graduate roughly 99 percent of their students company in premiums, the more insurers are table,’ but that doesn’t make it any less with 97 percent of those graduates pursuing in charge. wrong’’ degrees at institutions of higher education. ‘‘The greater the percentage that patients ‘‘HEALTHCARE IS NOT A RIGHT’’ Mr. Speaker, as we become a more inter- instead pay directly to their doctor out-of- ‘‘We have gotten to the point where we are connected and global society, the education of pocket, the patients are in charge. ready to hand over the last bit of control of our young people will become increasingly im- ‘‘Whether it’s television, computers or our healthcare system to government bu- Lasik eye surgery, when consumers are in portant. Catholic institutions help to ensure reaucrats.... Is it really so shocking to ask charge, prices stay in check. In 1970, con- that those same young people receive quality the question: ‘Why is the government in- sumers paid for 62% for all privately pur- educations, and I ask my fellow colleagues to volved in my healthcare at all?’ Maybe it’s chased healthcare out-of-pocket. Today, that join me today in supporting H. Res. 1008 to shocking to some state ‘Healthcare is not a percentage is just 26%. honor the contributions of Catholic schools. right.’ But it’s only shocking to someone ‘‘Consumers are paying less directly to with no understanding of natural law, rights f doctors, but they’re paying four times as versus privileges, or why a socialistic sys- much overall—to insurers or the IRS. HONORING THE MARTIN LUTHER tem, healthcare or otherwise, is profoundly ‘‘Only two basic ways exist to cut costs: immoral. The wealthy will always find a way KING OBSERVANCE COMMITTEE putting consumers in charge and letting to skirt such a system while the shrinking OF MORRISTOWN, NEW JERSEY them pursue value; putting the government middle class pays for it, and the poor, the in charge and letting it ration care. ‘‘So, how do we put consumers back in ones the system claims to benefit, suffer the HON. RODNEY P. FRELINGHUYSEN most . . . charge? First, we need to reject the current OF NEW JERSEY ADVICE TO ORGANIZED DOCTORS bills in Congress, which would restrict con- IN THE HOUSE OF REPRESENTATIVES sumer choice substantially. Then we need to Recommend to your members that if they empower consumers in three key ways: are one of the 17% of American physicians Thursday, January 21, 2010 1. End the unfair tax on the uninsured. We that remain members of the AMA, get out. Mr. FRELINGHUYSEN. Madam Speaker, I should give tax credits to individuals and Let’s make it even clearer that the AMA rise today to honor the Martin Luther King Ob- families that are uninsured or self-insured, doesn’t represent American physicians and servance Committee of Morristown, New Jer- thereby putting them on the same ground as exists solely to feed off its lucrative CPT those with employer-sponsored insurance. franchise (merely one example of corporate/ sey in my congressional district, which this 2. Make it easer for consumers to see government collusion which poisons the sys- year is celebrating its 40th anniversary. prices. tem and raises costs). Since 1970, the Committee, has been dedi- 3. Encourage consumer-driven insurance Learn what’s really going on with cated to promoting the rich legacy of the life models to give consumers skin in the game. healthcare in America. A good place to start and works of the Reverend Dr. Martin Luther Intel offers a plan in which it pays all in- is the Association of American Physicians King, Jr. with the involvement of the Morris surance premiums, while its employees pay and Surgeons and its special project website, County community in its annual commemora- all health costs up to an annual deductible of www.takebackmedicine.com. tive services. about $2,500 for families—with certain pre- Opt out of Medicare immediately. Con- ventive care provided for free. tinue to care for seniors, as most physician The observance for 2010 marks the 25th ‘‘Intel employees deposit part of their in- who have opted out do, through private con- year that Dr. King’s birthday will be com- come into a health savings account tax-free, tracts with reasonable fees. Refuse to be part memorated as a national holiday. As an ex- just like any income that’s used to pay for of a corrupt and inefficient bureaucracy that pression of local unity and in recognition of insurance premiums is tax-free. threatens its physicians with draconian pun- this important event, the Martin Luther King ‘‘These consumers have a stronger incen- ishments and fines while paying them a pit- Observance Committee is inviting the Morris tive to shop for value—as everything they tance for the privilege. Imagine the signal Clergy Council to join with the committee in spend up to $2,500 comes from their own that would send if a large organization of sponsoring services on Monday, January 18, pockets, and everything they save is theirs physicians like yours had the backbone to to keep. Whole Foods offers a comparable recommend this. It would force Reid and 2010. plan. Pelosi to tender the idea of forced physician This year’s theme ‘‘King’s Dream: America, ‘‘Across nearly 40 years, the costs of gov- labor. That would likely wake up physicians, Fight Hate with Love,’’ is the true embodiment ernment-run medical care have risen far indeed the whole of the American people, to of Dr. King’s philosophy and teachings. From more, per patient, than the costs of privately just how much power the government craves. those individuals who spearheaded the initial purchased care. As consumers’ opportunities It is only a true free market in healthcare celebration, the late Rachel Viola Jones and and incentives to purse value have dimin- which will lower costs for all patients, in- Dr. Felicia B. Jamison, the planning efforts ished, costs have skyrocket’’ crease availability of care, and spur innova- have broadened to include members of the Source: Tevi Troy (2007–09 Deputy Sec- tion. Most, unfortunately, have no idea what retary of Health and Human Services and a true free market looks like. It’s not what Morris Area Clergy Council, with representa- now a Fellow at Hudson Institute) and Jef- we have now, and certainly not what is on tives from all major faiths. In addition to the frey Anderson (Senior Fellow in healthcare the horizon. two founders, other volunteers who assisted in studies at Pacific Research Institute), Inves- Sincerely, the early years included Emma L. Martin, tor’s Business Daily. DOUGLAS J. MACKENZIE, M.D., F.A.C.S. George Dorsey, William ‘‘Jack’’ Harris, Regi- GOVERNMENT IS THE CAUSE OF HEALTHCARE f nald and Emanueline Smith, Flora Webb, Nor- PROBLEMS—NOT THE SOLUTION man Jean Matthews, Woody Huff, Elizabeth ‘‘I would submit that we do not have a HONORING THE CONTRIBUTIONS Lubar, Cecelia Dowdy, Rabbi Z. David Levy, healthcare problem in this country, but we OF CATHOLIC SCHOOLS and the Rev. Charles Marks. do most definitely have a government prob- The core planning committee is continuing SPEECH OF lem in this country.’’ to carry on the tradition of excellence for this ‘‘Our healthcare system is a mess, but few understand why, and most tacitly accept the HON. EDDIE BERNICE JOHNSON great program and has grown to include many notion that government can or must provide OF TEXAS dedicated volunteers. Some of those individ- the solutions. But it needs to be recognized IN THE HOUSE OF REPRESENTATIVES uals include Nadine Alston, Dr. Judy L. Banks, that government encroachment into Pastor Alfonso Sherald, Reverend Leon Sims, healthcare over the decades was the key in- Tuesday, January 19, 2010 Minister Dr. David Hollowell, Reverend Robert gredient in creating the bureaucratic, ineffi- Ms. EDDIE BERNICE JOHNSON of Texas. C. Rogers, Deacon Henry Lee, George Love- cient morass that is our current system. Mr. Speaker, I rise today in support of H. Res. less, Leonard Posey, James Mack, Janet ‘‘The logical answer, once this is appre- 1008 to honor the contributions of Catholic Bonar, Patricia Johnson, Esq., Mae Williams, ciated, is not to allow the government to fix what it broke in the first place! The answer schools. Elie Sims, Rabbi Donald Rossoff, James is to strive to do everything possible toward The tradition of Catholic schools in America Vance, Minister Marian Sykes Johnson, and the goal of getting government out of dates back to settlement of the new world, the Reverend Dr. Jerry M. Carter, Jr. healthcare completely. This means less regu- and through the centuries, Catholic institutions Madam Speaker, I am quite certain that the lation, not more. This means less govern- have been incredibly effective at educating Martin Luther King Observance Committee will

VerDate Nov 24 2008 04:27 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A21JA8.021 E21JAPT1 smartinez on DSKB9S0YB1PROD with REMARKS E68 CONGRESSIONAL RECORD — Extensions of Remarks January 21, 2010 continue in the years ahead to promote the CELEBRATING 30TH ANNIVERSARY But Martin Luther King, Jr. was not just an cause of equality and opportunities for our OF SONG TRIBUTE TO DR. MAR- idle daydreamer. He shared his visions young people to pursue productive, fulfilling TIN LUTHER KING, JR. through speeches that motivated others to join lives. I ask you and my colleagues to join me in his nonviolent effort to lift themselves from SPEECH OF in congratulating the Martin Luther King Ob- poverty and isolation by creating a new Amer- servance Committee of Morristown, especially HON. SHEILA JACKSON LEE ica where equal justice and institutions were facts of life. the chairwoman, Dr. Felicia Jamison, as they OF TEXAS IN THE HOUSE OF REPRESENTATIVES It appears that too many of our nation’s celebrate 40 dedicated years of serving our young people have forgotten how to dream. community. Wednesday, January 20, 2010 They have forgotten what Dr. Martin Luther Ms. JACKSON LEE of Texas. Madam King, Jr. taught us, when he started his jour- f Speaker, I rise today in support of H. Res. ney towards equality—with peace in his heart 1010, Celebrating the life and work of Dr. Mar- and the dream of equality in his eyes. ESPIONAGE TRIAL AGAINST tin Luther King, Jr. during the 30th anniversary Today, children and young people often ask: SEVEN LEADERS OF THE IRA- of the Stevie Wonder song tribute to Dr. King, ‘‘What is a dream?’’ or ‘‘How can it change my NIAN BAHA’I COMMUNITY ‘‘Happy Birthday,’’ introduced by my distin- life?’’ We must once again introduce our guished colleague from Michigan, Representa- young people to the life of Dr. King and his tive CONYERS. The first Dr. Martin Luther King, enduring dream. His vision is still so pertinent HON. FRANK R. WOLF Jr. Federal holiday was officially observed on today, our lives continue to be shaped by his OF VIRGINIA January 20, 1986, and was celebrated with a efforts. concert headlined by Stevie Wonder, who has, A young Martin managed to find a dream, IN THE HOUSE OF REPRESENTATIVES in the years since, continued his commitment one that he pieced together from his read- ings—in the Bible, and literature, and just Thursday, January 21, 2010 to promoting peace and equality, for which he has been recognized with a Lifetime Achieve- about any other book he could get his hands Mr. WOLF. Madam Speaker, Monday’s ment Award from the National Civil Rights Mu- on. And not only did those books help him Washington Post featured a story about seven seum in Memphis, Tennessee. educate himself, but they also allowed him to leaders of the Baha’i community who are fac- Stevie Wonder encouraged the establish- work through the destructive and traumatic ex- periences of blatant discrimination, and the ing ‘‘trial behind closed doors in Tehran.’’ ment of a Federal holiday in recognition of Dr. King on his album sleeve for ‘‘Hotter Than discriminatory abuse inflicted on himself, his The U.S. Commission on International Reli- July’’ by expressing that, ‘‘I and a growing family, and his people. gious Freedom rightly called the trial a number of people believe that it is time for our The life and work of Dr. Martin Luther King, ‘‘sham.’’ The U.S. State Department issued a country to adopt legislation that will make Jan- Jr. was properly captured in Dr. King’s most statement strongly condemning the Iranian uary 15, Martin Luther King’s birthday, a na- famed speech, ‘‘I Have A Dream,’’ on August government’s decision to commence the espi- tional holiday, both in recognition of what he 28, 1963, when he said, ‘‘I have a dream that onage trial against seven leaders of the Ira- achieved and as a reminder of the distance one day this nation will rise up and live out the nian Baha’i community: Mrs. Fariba which still has to be traveled.’’ The tribute true meaning of its creed: ‘We hold these Kamalabadi, Mr. Jamaloddin Khanjani, Mr. Afif song ‘‘Happy Birthday,’’ became a rallying cry truths to be self-evident, that all men are cre- Naeimi, Mr. Saeid Rezaie, Mr. Behrouz that led to 6,000,000 signatures supporting a ated equal.’ ’’ The legacy of Dr. Martin Luther Tavakkoli, Mr. Vahid Tizfahm and Mrs. Federal holiday in honor of civil rights leader King, Jr. is continued today, as evidenced by the work of organizations like the National As- Mahvash Sabet. Dr. Martin Luther King, Jr. Legislation desig- nating the third Monday of January as a Fed- sociation for the Advancement of Colored After 20 months in prison these individuals eral holiday in observance of Dr. Marin Luther People (NAACP) and the Southern Christian finally had their first court appearance on Jan- King, Jr. occurred on November 3, 1983, was Leadership Conference, which is currently led uary 12. According to the Baha’i International signed into law. This campaign secured a by Dr. King’s daughter, Bernice King, and was Community Iranian authorities have notified Federal holiday in honor of Dr. Martin Luther at one time led by Dr. King’s son, Martin Lu- the lawyers of seven imprisoned Baha’i lead- King, Jr. lasted for fifteen years with the 1980 ther King, III. In addition to organizations, the ers that the next session of their trial will be Stevie Wonder song solidified the campaign’s legacy of Dr. King continues on today with held on February 7. success. people in the United States and throughout the world, with individual acts of compassion, They spent their first year in prison without The life and work of Dr. King, to advance courage, and peace. formal charges or access to lawyers, in viola- justice, equality, and peace for an entire human race ended prematurely when he was This legislation will benefit the well-being of tion of Iranian law. And now, the stakes are the public as it celebrates the life and work of getting even higher for members of this minor- assassinated in Memphis, Tennessee, on April 4, 1968, while he was challenging the wages Dr. Martin Luther King, Jr. during the 30th an- ity faith. and treatment of Memphis sanitation workers. niversary of the Stevie Wonder tribute song to A recent state-sponsored media campaign Four days after the assassination of Dr. King, Dr. King. It recognizes the legacy left by Dr. levied false accusations against the Baha’is on April 8, 1968, Representative JOHN CON- Martin Luther King, Jr. with commitments to claiming this religious group incited the latest YERS, JR. introduced legislation to recognize freedom, equality, and justice, as exhibited by protests in the Iran. This is a regime that is civil rights leader Dr. King with a Federal holi- Stevie Wonder and so many others; and fi- scared of its own people and desperately look- day coinciding with his birthday on January nally, encourages the people of the United States to commemorate the legacy of Dr. King ing to redirect public discontent. 15, 1929. Stevie Wonder dedicated his album sleeve by renewing pledges to advance those prin- Sadly, we should not be surprised by these for ‘‘Hotter Than July,’’ an album released on ciples and actions that are consistent with Dr. actions. The government of Iran’s gross viola- September 29, 1980, and upon which ‘‘Happy King’s belief that ‘‘all men are created equal.’’ tions of religious freedom are well-documented Birthday’’ is recorded, to Dr. King, with an in- As such, I strongly support this legislation and and long-standing including the execution of scription that read, ‘‘Martin Luther King, Jr. urge my colleagues to join me and do the over 200 Baha’i leaders since 1979, the dese- showed us, non-violently, a better way of life, same. cration of Baha’i cemeteries and places of a way of mutual respect, helping us to avoid f worship and the violent arrest and harassment much bitter confrontation and inevitable blood- INAUGURAL SPEECH OF GOV- of members of the Baha’i faith. shed.’’ On January 17, 2000, for the first time, ERNOR ROBERT F. MCDONNELL The U.S. must continue to work with our Dr. Martin Luther King, Jr. Day was officially partners to speak with one voice about inex- observed in all fifty states. Dr. Martin Luther King, Jr. was a dreamer. HON. FRANK R. WOLF cusable human rights violations that are occur- OF VIRGINIA His dreams were a tool through which he was ring in Iran. We must continue to speak out for IN THE HOUSE OF REPRESENTATIVES able to lift his mind beyond the reality of his due process and a fair trial for these seven segregated society, and into a realm where it Thursday, January 21, 2010 Baha’i leaders. was possible that white and black, red and Mr. WOLF. Madam Speaker, I rise today to The world cannot turn a blind eye to this re- brown, and all others live and work alongside share with our colleagues the speech new Vir- gime’s persecution of its own people. each other and prosper. ginia Governor Robert F. McDonnell gave at

VerDate Nov 24 2008 04:39 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A21JA8.024 E21JAPT1 smartinez on DSKB9S0YB1PROD with REMARKS January 21, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E69 his inauguration in Richmond on January 16. The actions of those patriots that came be- This austerity won’t be easy, but it is nec- I was moved by his speech, ‘‘A Common- fore us had a common purpose—to create and essary. The circumstances of our time de- wealth of Opportunity,’’ and believe the mes- expand freedom and opportunity for the gen- mand that we reconsider and restore the erations that came behind them. proper role of government. Without reform sage is relevant to all Americans. The creation of, and desire for, new oppor- the continued growth of government threat- I submit for the RECORD the governor’s tunity has shaped Virginia from its founda- ens our very prosperity. speech: tion. We must properly fund the core priorities INAUGURAL ADDRESS OF GOVERNOR ROBERT F. It was in seeking the Opportunity of a New of government, but—equally important—we MCDONNELL World that Captain John Smith and 104 set- must utilize innovation, privatization, and ‘‘A COMMONWEALTH OF OPPORTUNITY’’ tlers braved the perilous Atlantic to step consolidations to deliver government serv- onto the sands of Cape Henry in April 1607. ices more effectively. Thank you. Mr. Speaker, Lt. Governor It was in securing the Opportunity of a And as we enact these reforms we must re- Bolling, Attorney General Cuccinelli, mem- New Nation that Virginia patriots joined to- member this: that government cannot guar- bers of the General Assembly, distinguished gether with their fellow colonists in the first antee individual outcomes, but equality of guests from around the world and across the fight for freedom and independence, and thus opportunity must be guaranteed for all. country, family and friends, my fellow Vir- was born a country of ordered liberty that, All Virginians must have the same funda- ginians, good afternoon! 234 years later, is the beacon of hope for the mental opportunities to work hard, live free We gather today on the steps of our mag- world. and succeed. nificent and newly renovated State Capitol. It was in seizing the Opportunity of equal- Access to a quality education is the foun- From this hill the land rolls gently down ity and education that a courageous 16 year- dation of future opportunity. My Dad to the James River, the waterway of the set- old girl named Barbara Johns, memorialized stressed to me as a child that to get a good tlers in 1607. behind this majestic Capitol at the Virginia job, you need a good education. It was true From this place, the sweep of history has Civil Rights Memorial, stood up and walked then and even more true today. moved us forward to today. out of Moton High School in Farmville 59 Virginians are blessed with many great This is the cradle of democracy for Vir- years ago this spring. schools with dedicated, professional teachers ginia and America. New opportunity helped them meet the like my sister Nancy in Amherst, who work Governor Thomas Jefferson designed this challenges of their time. tirelessly to mold the minds and character of Capitol building. Greater opportunity will help us meet the the next generation. Governor Patrick Henry came here for the challenges of ours. To compete in this global economy every laying of its cornerstone. Together we must create jobs and eco- young Virginian must have the opportunity I am humbled today to follow in their his- nomic opportunities. of a world-class education from pre-school to toric footsteps. Provide new educational opportunities for college. The General Assembly first convened in all Virginians. A child’s future prospects should be as un- this new building during the first term of And enhance family and community oppor- limited as his intelligence, integrity and America’s first President, Virginia’s George tunities by easing government burdens on work ethic can take him. No child in Vir- Washington. free people. ginia should have her future determined by Behind me, in the Rotunda, are the busts As Virginians, we believe that government her place of birth or zip code. of the eight Virginians who became Presi- must help foster a society in which all our We will work with President Obama to ex- dent. people can use their God-given talents in lib- pand high-quality charter schools and insti- It was here that Robert E. Lee, the son of erty to pursue the American Dream. tute performance pay to our great teachers. a Virginia Governor, was commissioned as Where opportunity is absent, we must cre- More money must go to the classroom and Commander of the Commonwealth’s military ate it. Where opportunity is limited, we less into administration, and new opportuni- forces as a young nation split into war. must expand it. Where opportunity is un- ties in science, technology, engineering, It was here, just four years later, that equal, we must make it open to everyone. math and healthcare must be created President Abraham Lincoln came to begin Our Administration will be dedicated to through our schools and colleges. the process of reuniting our war-torn nation, building ‘‘A Commonwealth of Opportunity’’ And let us recognize that a high school de- walking the streets of still smoldering Rich- for all Virginians. gree is no longer the finish line in a global mond. It starts with restoring economic oppor- economy. We must create affordable new And it was here, 125 years after Lincoln’s tunity to Virginians in every corner of our pathways to earning a college degree and visit that a grandson of slaves, L. Douglas Commonwealth. make a commitment to confer 100,000 addi- Wilder, took the Oath of Office as the na- Tens of thousands of our family members, tional degrees over the next 15 years. We tion’s first African-American Governor. friends and neighbors have lost their jobs. must make our community colleges national And it is here, today, that an average mid- Thousands more worry they could be next. leaders in workforce development and career As we confront the worst economy in gen- dle class kid from Fairfax County, a grand- training. erations, the creation of new job opportuni- son of Irish immigrants, is given the enor- These are investments that will pay indi- ties for all our citizens is the obligation of mous honor of becoming the 71st Governor of vidual and societal dividends for many years our time, so all Virginians who seek a good Virginia. to come. job can find meaningful work and the dignity Barbara Johns was willing to risk every- As it turns out, I succeed another descend- that comes with it. thing for the simple opportunity of a good ent of Irish immigrants, Governor Timothy Virginia has received high rankings over education. Surely, sixty years later, we can Kaine. the years for being a business-friendly state. work together to provide that opportunity to On behalf of the grateful people of Vir- Those rankings speak well of our past. all Virginia children. ginia, I thank Governor Kaine for his leader- They do not determine our future. Our Administration will demand excel- ship and service to our Commonwealth. Competition for jobs is intense among the lence, reward performance, provide choices Today’s Virginia is a thriving and diverse states, and between nations. States are ag- and celebrate achievement. home of nearly 8 million people, with one in gressively positioning themselves to best ap- God has bestowed upon our Commonwealth ten born outside the United States. peal to job creators and entrepreneurs. an amazing wealth of natural resources. Vir- A state of rich history and strong people, We must make this the best state in which ginians have the intellectual capital to use we do face many challenges together. to start and grow a small business. these resources to create new jobs, reduce We do not face the challenges of forming a It is why we will reduce burdensome tax- our energy bills, and make our nation more new government or securing a young nation, ation and regulation that impede job-cre- energy independent. as did Washington, Jefferson and Henry. ation. We will make Virginia the ‘‘Energy Capital We do not encounter the devastation and And, it is why, even in these tough times, of the East Coast’’ by growing the natural destruction of Civil War, as did Lincoln and we will have the foresight to invest today in gas and coal industries, expanding the use of Lee. ideas and policies that increase economic nuclear power, and promoting new energy We do not struggle with the injustice of prosperity tomorrow. technologies like wind, solar and biomass. slavery and its legacy of segregation as did This economic crisis has touched every And we will champion environmentally Governor Wilder as a young man. Virginian. safe offshore energy exploration and produc- We do not march into bullets and artillery Declining home values and diminished re- tion, bringing with it thousands of new jobs, shells, as did the Greatest Generation on the tirement accounts have wiped away in just a hundreds of millions in new state revenue beaches of Normandy and the islands of the few months the accumulated savings of and billions in new investment. Pacific. Two members of that generation, many years. We must also seize the opportunity to im- who served in World War II, my father Jack As jobs are lost and consumer confidence prove our transportation system by getting McDonnell and my father-in-law Frank remains low, state revenues have declined, long overdue projects underway, and uti- Gardner, join us here today. and an historic budget shortfall has lizing innovative ideas to build the roads, On behalf of a grateful Commonwealth I stretched into the billions. Thus, like so bridges, rail and ports we need. thank them, and all military members and many households and businesses across the A better transportation system will create veterans, for their incredible sacrifice and Commonwealth, state government needs to new opportunities for Virginians across the service to our nation that continues today. devise new ways to operate and find savings. state.

VerDate Nov 24 2008 04:27 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A21JA8.028 E21JAPT1 smartinez on DSKB9S0YB1PROD with REMARKS E70 CONGRESSIONAL RECORD — Extensions of Remarks January 21, 2010 These are policies focused on addressing Standing here today, on the steps of our THE FEHBP PRESCRIPTION DRUG the real problems our people face, and deliv- State Capitol, in the inspiring shadows of INTEGRITY, TRANSPARENCY, ering results. the shared history behind us, we embrace the AND COST SAVINGS ACT I’ve had people tell me they fear that limitless future opportunities stretching out America may no longer be the land of oppor- far before us. . . . tunity it has always been, and that Vir- HON. STEPHEN F. LYNCH And now it is here, in this place, that we ginia’s history in playing a leading role in OF MASSACHUSETTS pledge to work together to create ‘‘A Com- the life of our nation may be just that—his- IN THE HOUSE OF REPRESENTATIVES tory. I say: They are wrong. monwealth of Opportunity’’ . . . for all Vir- Working together—Republicans, Demo- ginians, and to add our steps to Virginia’s Thursday, January 21, 2010 crats and Independents alike—Virginia will journey. Mr. LYNCH. Madam Speaker, I don’t have continue to blaze the trail of opportunity It was George Washington who noted, in to remind you that much of the public policy and prosperity. his first Inaugural Address, ‘‘The propitious debate in this country has largely focused on And like the mechanic looking to the own- smiles of Heaven can never be expected to re- healthcare reform and on how best to tackle er’s manual to troubleshoot the automobile, main on a nation that disregards the eternal we should look to the Founders and their rising costs, while ensuring access and quality rules of order and right which Heaven itself at the same time. These calls for change in writings for wisdom. has ordained.’’ The Founders’ capstone on the Constitu- the healthcare policy arena have also been tion is the Bill of Rights. No federal mandate It is right to help one another. coupled with demands for a more fiscally re- nor program crafted by either political party It is right to work together to get results sponsible federal government. should undermine the central principle of and solve problems. Many policymakers look to the FEHBP as a federalism, enshrined in the birth certificate It is right to provide opportunities for all. model for providing health care. That’s why it’s of America by those who pledged their lives, important to ensure the program is providing fortunes and sacred honor. Let us heed the words of the Father of our the best benefits and at the best price for sub- The Founders recognized that the govern- Country, employ these eternal rules of order ment closest to the people governs best. and right, and get to work for the good of the scribers. Having conducted a Subcommittee More often than not, Richmond knows better people of Virginia. on Federal Workforce, Postal Service and the about the hopes and dreams of the people District of Columbia hearing in June, a Sep- Thank you and God Bless the Common- than Washington. And Galax and Fairfax and tember policy forum with key stakeholders, wealth of Virginia. Virginia Beach know far better than Rich- and months of additional research and col- mond. laboration, I have discovered that when it As we enthusiastically pursue the vision of f comes to prescription drugs, our federal em- ‘‘A Commonwealth of Opportunity’’, I ask all ployees and retirees are not receiving the best Virginians to continue to seek your own op- HONORING SEVEN AMERICANS benefit at the best price. Considering that pre- portunities to get involved in the life of our KILLED IN AFGHANISTAN ON DE- scription drug costs comprise nearly 30% of Commonwealth. CEMBER 30, 2009 Half a century ago President Kennedy the FEHBP’s premiums, it is imperative that challenged the American people to ‘‘ask not we do everything in our power to ensure that what your country can do for you—ask what SPEECH OF federal employees and the taxpayer are get- you can do for your country.’’ Today, I ask ting the best value for their dollar. all Virginians to rise up to meet this time- HON. JAMES R. LANGEVIN In short, the FEHBP health plans contract less challenge. with Pharmacy Benefit Managers (PBMs) to We live in the most generous nation on OF RHODE ISLAND Earth. So many Virginians give sacrificially price and to provide the pharmacy benefit to of their time, talents and treasure, and IN THE HOUSE OF REPRESENTATIVES FEHBP members. In contrast with other fed- rightly so. The Scriptures say, ‘‘To whom eral health programs, the FEHBP does not much is given, much will be required.’’ Wednesday, January 20, 2010 regulate or negotiate drug pricing for its mem- Right now, much is required in the nation bers. Instead it relies on competition among Mr. LANGEVIN. Madam Speaker, I rise of Haiti. And I urge all Virginians to donate the various carriers and PBMs to keep prices today to recognize the bravery and sacrifice of to the relief efforts underway. low. However, as we recently affirmed, prices Here in our Commonwealth, I urge busi- the seven CIA officers and contractors who are not low! In fact, when comparing FEHBP ness owners to look for opportunities to gave their lives in the line of duty during the sponsor a little league team, help a charity, drug prices to those of other federal programs, December 30 bombing of a CIA base in such as the Veterans Administration, the De- and promote corporate responsibility in the Khost, Afghanistan. I also want to recognize communities in which you live and work. partment of Defense, Medicare, Medicaid and I urge all the leaders of our faith commu- those Americans who were injured in the blast the Public Health Service’s 340B Program, the nities to expand your selfless work of helping and offer my wishes for a full and quick recov- FEHBP is paying substantially more for its the homeless, feeding the poor, and com- ery. drugs. Even more alarming is that some re- forting the broken hearted. I urge the young people of Virginia to use As we have all learned by now, a suicide search actually shows that Costco and drug- your talents and energy to fully engage in bomber who was believed to possess informa- store.com offer their employees better prices the future of this Commonwealth. tion critical to counterterrorism operations en- for drugs than the FEHBP does for federal I urge Virginians who came here from tered the U.S. forward operating base in workers and retirees. In these economically other lands to contribute your culture, your Khost, where he activated explosives that took challenging times, it is unacceptable to ask history and your traditions to our rich tap- the lives of seven Americans, including one of federal employees and the American taxpayer estry of life. to put up with such an irregularity. If the I urge every Virginian to take every oppor- our nation’s top counterterrorism experts. Six tunity to thank a man or woman in a law en- other Americans standing nearby were injured FEHBP wants to remain a model for providing forcement or military uniform for the pres- in the explosion. health benefits, legislative changes that allow for alternative prescription drug benefit con- ervation of our freedoms. The men and women of our intelligence There is so much each one of us can do to tracting and pricing are in order. leave this Commonwealth a better place community work behind a veil of secrecy, yet For this reason, I am proud to be intro- than we found it. as this tragic incident reminds us, they are still ducing legislation today that will afford the Of- No government program can substitute for exposed to the dangers that come from the fice of Personnel Management (OPM) greater the incredible good done through voluntary difficult and often thankless job of protecting oversight authority in the contracting and pric- actions performed freely by caring individ- our country. Unlike our soldiers in uniform, ing of the FEHBP prescription drug benefit. Ti- uals every day. these public servants must keep their many And while government can help provide op- tled ‘‘The FEHBP Prescription Drug Integrity, portunities, it is every person’s responsi- victories secret, while their rare failures and Transparency, and Cost Savings Act’’, this bill bility to take advantage of them. raw grief make headlines. My thoughts and will prohibit certain ownership relationships; re- In recent weeks I’ve seen people exercising prayers are with the families of these brave quire Pharmacy Benefit Managers (PBMs) to that responsibility, and changing lives at: men and women. They, and all the other patri- return 99% of all monies received from manu- the Healing Place in Richmond, the Car- ots who serve so honorably in our intelligence facturers for FEHBP business; cap prices paid penter’s Shelter in Alexandria, Food Banks community, have my unending gratitude and by the health plan to the Average Manufacture in Abingdon, Norfolk and Richmond, the Boys and Girls Club in Virginia Beach, the my unwavering support. I will continue to do Price (AMP); restrict drug switching by PBMs; USO in Norfolk. everything in my power to ensure that they and require enhanced transparency and dis- As a Commonwealth, we must do the same have the tools, resources and encouragement closure of all contract terms and related infor- . . . and we will. they need to keep America safe. mation. These requirements intend to not only

VerDate Nov 24 2008 04:27 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A21JA8.030 E21JAPT1 smartinez on DSKB9S0YB1PROD with REMARKS January 21, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E71 lower costs of prescription drugs in the HONORING THE OUTSTANDING HUMAN RIGHTS VIOLATIONS IN FEHBP but to also provide our federal em- SERVICE OF THE 354TH EXPEDI- EGYPT ployees with a safer, higher quality prescrip- TIONARY FIGHTER SQUADRON tion drug benefit. HON. ALBIO SIRES In this day and age, when every effort is HON. GABRIELLE GIFFORDS OF NEW JERSEY being made to reduce federal spending and to OF ARIZONA IN THE HOUSE OF REPRESENTATIVES find money to fund healthcare reform and IN THE HOUSE OF REPRESENTATIVES Thursday, January 21, 2010 other domestic policy priorities, the level of Thursday, January 21, 2010 Mr. SIRES. Madam Speaker, I rise today to ambiguity around costs and drug prices under Ms. GIFFORDS. Madam Speaker, I rise share my concern and outrage over human the FEHBP is appalling and must change. today to honor the 354th Expeditionary Fighter rights abuses in Egypt. What we have before us is an issue that can Squadron on their recent landmark deploy- I rise to ask that the Egyptian Government save the taxpayer billions of dollars while at ment to Afghanistan in support of Operation uphold the rights of all religious communities the same time reduce premiums for federal Enduring Freedom. by ending discrimination and harassment of workers and their families. All I ask of my col- During their recent combat deployment, the groups such as the Coptic Christians, and leagues is for their support in passing this im- 354th distinguished itself as the Air Force’s prosecuting those that do such groups harm. portant legislation. premiere Close Air Support unit by flying more An attack that happened just weeks ago sorties per day, per aircraft, than any other starkly illustrates the need for change in f ground-attack unit in the Central Command Egypt. On January 6th, 2010, a drive-by shooting killed six Coptic Christians in Nag EXPRESSING CONDOLENCES TO area. Over the course of their 6-month tour, the Hammadi. This deadly attack, carried out the HAITI unit flew more than 10,000 flight hours and night before the Coptic Christmas, is the most launched more than 2,500 sorties in support of recent in a long history of repression and abuse of Coptic Christians in Egypt. SPEECH OF thousands of troops on the ground and all with On January 14th, 2009, the U.S. Assistant only half of their full complement of aircraft. Secretary for Democracy, Human Rights, and HON. EDDIE BERNICE JOHNSON The Bulldogs spearheaded the integration of Labor, Michael Posner, spoke out against this the SADL communications system or Situa- OF TEXAS attack. He stressed the need for prosecution tional Awareness Data Link. They were also IN THE HOUSE OF REPRESENTATIVES and justice in the country. Last October, the the first A–10 unit to forward deploy to Department of State released its 2009 Inter- Wednesday, January 20, 2010 Kandahar Airfield, closer to the action and national Religious Freedom Report detailing closer to the enemy. the widespread and ongoing persecution of Ms. EDDIE BERNICE JOHNSON of Texas. In order to remain airborne, the mainte- this community. The report also highlights in- nance team worked around the clock to en- Madam Speaker, I rise today to support the creasing violence and the need for improved resolution expressing condolences to and soli- sure a utilization rate of 210% of the usual do- investigations. darity with the people of Haiti in the aftermath mestic operational rate. For the 354th that While the United States and the human of the devastating earthquake of January 12, meant 400 sorties a month. rights community have been vocal in con- 2010. The dedicated service of the airmen of the demning this attack and other human rights 354th Expeditionary Fighter Squadron has un- abuses, the Egyptian government has yet to With reports of up to 200,000 deaths and doubtedly saved the lives of countless Amer- more than 1.5 million people left homeless, recognize the full significance of the violent act ican, Coalition and Afghan ground forces and or the overarching issue of intolerance in the this is the worst natural disaster incurred by under the brutal conditions of an unrelenting Haiti in more than 200 years. As the poorest country. Violence in the name of the religion is Afghan winter. unacceptable, but when governments do not and least developed country in the Western As the first A–10 squadron in theater, the Hemisphere, it is reassuring to see the United sufficiently address such behavior, the vio- 354th has set the bar very high, but I am con- lence is far more troubling. States and the international community com- fident that their follow-on units will meet that ing together in solidarity to help this country in Religion is a fundamental freedom that must standard. be upheld and respected around the world, in its hour of need. The 7.0 earthquake has On behalf of the people of Tucson, I am caused upheaval for almost one-third of the every nation and in every community. I urge personally very proud to welcome home the my colleagues in the House to join me in call- Haitian population and wrecked the existing in- 354th to Davis-Monthan Air Force Base. frastructure, making roads impassable, hin- ing for religious freedom and basic rights for f dering rescue/aid flights, and tainting water all people. supplies. CBS WINS LAP DOG AWARD f The earthquake’s destruction spared no na- TRIBUTE TO THE CITY OF tionality, no class, no age, no religion. Thou- HON. LAMAR SMITH OWASSO, OKLAHOMA sands of American volunteers and mission- OF TEXAS aries were also lost; however, due to the self- IN THE HOUSE OF REPRESENTATIVES HON. JOHN SULLIVAN lessness and quick action of first-responders, Thursday, January 21, 2010 OF OKLAHOMA we are able to celebrate each life as survivors IN THE HOUSE OF REPRESENTATIVES Mr. SMITH of Texas. Madam Speaker, for are found. The rescue effort has been led by the second time in a row, CBS is the winner Thursday, January 21, 2010 rescue teams from around the world. Teams of the Media Fairness Caucus’ highly un-cov- Mr. SULLIVAN. Madam Speaker, today, I in Texas eagerly await the opportunity to de- eted ‘‘Lap Dog Award’’ for the week’s most rise to recognize the City of Owasso, Okla- ploy to Port-au-Prince and various organiza- glaring example of media bias. homa, in the First Congressional District for tions in my district have been holding fund- During CBS’ coverage of the special elec- receiving an A+ rating in government trans- raisers to contribute to the effort. Americans tion in Massachusetts on Tuesday evening, parency by the online citizen’s watchdog have contributed over $200 million to major re- two hours before the polls closed, political an- group, Sunshine Review. I congratulate the lief groups in just 7 days since this disaster, alyst John Dickerson claimed that if Repub- City of Owasso for receiving this prestigious and their generosity will be important in the lican candidate SCOTT BROWN won the elec- award and becoming the first city in Oklahoma coming months as Haiti rebuilds its tangible tion, it would ‘‘get a lot uglier in Washington.’’ to receive a perfect grade. resources as well as its national conscious- Brown went on to say that Republicans ‘‘feel The Sunshine Review is an online resource ness. excited and they see glory in attacking the that monitors government transparency at the Haitian recovery from the tragic events in its President.’’ local, county, and state levels throughout the capital city will require continued support from It’s no wonder just 2 in 10 Americans say country. According to the organization, they the international community, and I urge my fel- reporters try to offer unbiased coverage of po- seek to make government accountability and low colleagues to join me in supporting the litical campaigns, according to a recent Ras- records accessible for all citizens and tax- resolution expressing condolences to and soli- mussen poll. payers to read. In order to assess a city’s rat- darity with the people of Haiti in the aftermath CBS and the national media should give ing, the Sunshine Review compiles a ‘‘trans- of the devastating earthquake of January 12, Americans the facts, not tell them what to parency checklist’’, consisting of ten basic sec- 2010. think. tions of accountability. Each section must

VerDate Nov 24 2008 04:27 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A21JA8.032 E21JAPT1 smartinez on DSKB9S0YB1PROD with REMARKS E72 CONGRESSIONAL RECORD — Extensions of Remarks January 21, 2010 have proper online access for its constituents democracy and liberal values. The Republic of Last August, I had the privilege of visiting to review governmental work, including budg- Korea has remained a steadfast ally of the Korea to receive an Honorary Doctorate from ets and contractual information for elected and United States and ought be considered Amer- Chonbuk National University. I had numerous administrative officials. ica’s greatest foreign policy success in the opportunities to engage in meaningful dialogue I am proud that Owasso became the first post-World War II era. with our Korean friends on a host of issues. city in Oklahoma to receive this distinguished It is worth noting today that, later this year, But above all, I was struck by the kind gen- honor. As we work towards accountability and we will be commemorating the 60th anniver- erosity and hospitality of the Korean people. transparency in Congress, Owasso remains a sary of the outbreak of the Korean War. Vet- The same has always been true of our Korean shining example to local and state govern- erans of that conflict, both Korean and Amer- American friends as well. ments and to what our nation must accomplish ican, have strong feelings about the U.S.- Madam Speaker, this is why it is my honor as a whole. By receiving a perfect grade, the Korea alliance. I have attended many cere- to recognize January 13 as Korean American City of Owasso remains a shining example of monies at which Korean War veterans pay Day pursuant to House Resolution 487, which a local government taking responsibility to its tribute to their fallen comrades and share their was passed in 2005 and introduced by my citizens and taxpayers they represent. All citi- memories of the battlefield. Many of them good friend Representative Tom Davis of Vir- zens deserve an open forum to see how their have returned to Korea in peacetime to visit ginia. I urge my colleagues to offer their own government spends their hard-earned, tax- the friends they made and—in some cases— expressions of support in recognizing the Ko- payer dollars. the families of their spouses. rean American community and their achieve- I firmly believe that an open and honest Korean War veterans and members of the ments and the importance of a comprehensive government is the most effective way to give Korean American community are significant U.S.-Korea alliance in diplomacy, business, Americans the transparency they deserve. stakeholders in the maturation of the U.S.- and culture. Owasso’s focus on this important issue illus- Korea alliance, whether that means a security f trates their steadfast leadership to promote ac- alliance in our mutual effort to denuclearize countable governance at all levels. I am proud North Korea, whether it means growth in the TRIBUTE TO ANNE MCMAHON of the city for this great accomplishment. number of Korean students who attend Amer- f ican colleges and universities, or whether it HON. LOIS CAPPS means broader and deeper business and OF CALIFORNIA KOREAN AMERICAN DAY 2010 trade ties. IN THE HOUSE OF REPRESENTATIVES The U.S.-Korea Free Trade Agreement Thursday, January 21, 2010 HON. ENI F.H. FALEOMAVAEGA (KORUS FTA), which was signed in June OF AMERICAN SAMOA 2007 and awaits ratification and implementa- Mrs. CAPPS. Madam Speaker, I rise to pay IN THE HOUSE OF REPRESENTATIVES tion, will bring substantial benefits to both of tribute to a former member of my staff and my our countries. The U.S. International Trade dear friend, Anne McMahon. Thursday, January 21, 2010 Commission has forecast that the elimination Anne recently passed away after a tough Mr. FALEOMAVAEGA. Madam Speaker, of tariffs on U.S. goods under the KORUS battle with cancer. She leaves behind a won- last week, on January 13, we marked the FTA would increase the GDP of the United derful loving family, including husband Peter 107th anniversary of the first Korean immi- States by over $10 billion annually. The agree- and sons Jono and Ryan, and a host of grants to the United States. From those few ment will also eliminate regulatory and other friends and admirers across the country. Korean individuals who came in 1903 to Ha- non-tariff barriers that have historically re- Anne was one of the first Congressional wai’i, then a U.S. territory, the Korean Amer- stricted access by American farmers, manu- staffers who my late husband, Walter Capps, ican community has grown to nearly two mil- facturers, and service providers to the South hired when he was elected in 1996. She was lion people. Korean market. the anchor of Walter’s and, later my, congres- For the first few decades of the 20th cen- Korea’s economy is beginning to recover sional office in San Luis Obispo, California. tury, Korean immigration was impeded by U.S. from the worldwide recession, with a special The consummate professional, she was com- law. Regrettably, until the 1960s, U.S. law re- emphasis on creating ‘‘green jobs’’ and en- pletely plugged in to the local community and fused to admit immigrants from East Asia. For- couraging growth in 21st century industries there was no issue or constituency that didn’t tunately, as attitudes about race and ethnicity that look to the future. At the same time, have Anne’s ear or attention. changed and matured in the wake of the civil Korea remains a major market for American Among her many talents, Anne was a won- rights movement, these shameful barriers goods and services, for agricultural products, derful writer, having worked as a local jour- were removed. America became a land of op- raw materials, and finished goods. nalist for several years before moving to poli- portunity not just for Europeans seeking ref- With growing uncertainty about our econ- tics, where she worked not just with Walter uge and comfort, but for people from Africa, omy, it is critically important that we make and me but two county Supervisors as well. Asia, and Latin America, as well. every effort to spur U.S. economic growth and She was also a tireless advocate for the envi- Korean Americans have contributed im- create new American jobs through securing ronment and worked extensively to preserve measurably to our society and culture. They access to markets in which U.S. farmers and our beautiful Central Coast, including pro- have raised families and built successful busi- businesses can compete and succeed. The tecting Santa Margarita Ranch from develop- nesses, strong neighborhoods, active civic as- KORUS FTA stands to further increase U.S. ment. Eventually her unquenchable love for sociations, churches, and charities. Korean exports to Korea and will generate new jobs the natural environment led her to other pro- Americans have served in the armed forces, for Americans. This agreement will be a triple- fessional opportunities with The Nature Con- been elected to public office, and been ap- win—a win for workers, a win for businesses, servancy and most recently with the California pointed to positions of authority in President and a win for consumers. Coastal Commission. She excelled in all these Obama’s administration. Beyond trade, the United States and Korea endeavors and brought to all of them her re- In my capacity as Chairman of the Sub- share similar values and goals. Both countries lentless commitment to leaving the world a committee on Asia, the Pacific, and the Global are democratic republics, both desire peace better place than she found it. Environment, I have paid close attention to on the Korean Peninsula and work to assure Walter and I both loved Anne for her com- issues of concern to the Korean American that nuclear weapons do not proliferate in mitment to public service and tireless devotion community. With many Korean Americans still Northeast Asia, and both want to see eco- to her community. But we also reveled in her having family ties to the Korean Peninsula, nomic growth and opportunity throughout the vibrant personality, her irreverent and irre- they care deeply about the continuing resil- world. pressible wit, and her enthusiastic embrace of ience of the U.S.-Korea alliance. When I It is in this context that Korea will host and all life’s joys and sorrows. I know that this served in the U.S. Army in Vietnam in the chair a meeting of the G–20 in November healthy outlook on life, along with the endless 1960s, I met many Korean soldiers who fought 2010. It is a remarkable achievement and one support from her family and friends, brought side by side with Americans, just as Ameri- that is emblematic of how far Korea has come her strength during the difficult days of the cans had fought side-by-side with Koreans in considering that 60 years ago, it was a war past year. the Korean War a decade and a half earlier. torn nation. I am confident that Korea will set Anne touched many lives and inspired all of The close alliance between the United an ambitious agenda for the G–20 to include us. She faced her battle with cancer with the States and the Republic of Korea has included how nations can turn to ‘‘Low Carbon, Green same courage, grace, and sense of humor South Korea’s important contributions to fight- Growth’’ sectors to spur economic growth in that guided her throughout her life. Everyone ing terrorism around the world and promoting the aftermath of the global financial crisis. who knew Anne thought the world of her and

VerDate Nov 24 2008 04:27 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A21JA8.037 E21JAPT1 smartinez on DSKB9S0YB1PROD with REMARKS January 21, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E73 I know that I am not the only one who is Alan has been head football coach, athletic number of practical trainings and formal edu- heartbroken by her passing. director, women’s track coach and teacher for cational programs specializing in wildlife and My thoughts and prayers are with her the Monett Cubs sports program for nine zoological veterinary medicine are also insuffi- friends and family during this difficult time. years. During that period, the Cubs football cient to allow graduates to make significant f teams have gone 58–36 and won or shared contributions. championships in the Big 8 Conference in My bill will directly address these issues SUPPORTING THE INITIATIVES OF 2004, 2007 and 2008. Under his nine years of which prevent and dissuade veterinarians from CHICAGO WILDERNESS leadership, the women’s track team captured practicing wildlife and zoological medicine. It will participate in the national job creation ef- SPEECH OF Big 8 Conference crowns five times. Alan’s career began as a coach at Neosho fort by funding new positions for wildlife and HON. BETTY McCOLLUM High School in 1975. His first head coaching zoo veterinarians and will ensure that veteri- OF MINNESOTA job was at Nevada, Missouri in 1980. From nary students find jobs upon graduation. The IN THE HOUSE OF REPRESENTATIVES there Alan coached at Springfield Parkview bill will also limit the amount of educational Wednesday, January 13, 2010 High School, Springfield Central High School debt for students while providing incentives to and at Rogers, Arkansas before going to study and practice wildlife and zoo veterinary Ms. MCCOLLUM. Madam Speaker, I rise medicine through the establishment of scholar- today in support of H. Res. 860, a resolution Monett in 2002. Alan has been recognized many times for ships and loan repayment programs. Lastly, supporting the Leave No Child Inside initiative his hard work for students and teams. This my legislation will advance education by help- and the Children’s Outdoor Bill of Rights. For year, he will be inducted into Missouri’s Foot- ing schools develop pilot curricula specializing our children’s physical, emotional and intellec- ball Coaches Hall of Fame. He was named in wildlife and zoo veterinary medicine and by tual growth, it is important for them to spend the 2008–2009 Missouri Interscholastic Ath- expanding the number of practical training pro- time outdoors and in nature. Unstructured letic Administrators Association’s Athletic Di- grams available to students. playtime nourishes childhood development by rector of the Year for the Southwest District. In Madam Speaker, we have reached a point stimulating imagination and creativity and 2004 and 2008, Alan was named Big 8 Coach in our history when we cannot ignore the im- building healthy habits. portance of protecting America’s wildlife. Wild America’s children are spending less time of the Year. animals are a very important part of our com- outside, and more time in front of the tele- Alan plans to spend time in his retirement monly held natural resources and contribute to vision or computer. This loss of exercise and with his family and friends while enjoying fish- maintaining a balanced ecosystem. With an in- exploration negatively affects their physical ing and hunting. I know Coach Spencer will creasing number of endangered species, the health, and it causes problems later in life. continue to find ways to use his talents as a introduction of invasive non-native species, Nearly 119 million American adults are cur- motivator to inspire other young people to the and more infectious disease threats, wildlife rently overweight or obese. Childhood obesity highest standards of service to their school, and zoological veterinarians must be placed at has doubled since 1980, costing Americans their community and their country. the core of our efforts and be given the re- more than $117 billion per year. We simply f sources and recognition necessary to protect cannot afford to leave our children inside. ON INTRODUCING THE WILDLIFE both animal and human lives. The Children’s Outdoor Bill of Rights is a AND ZOOLOGICAL VETERINARY I urge my colleagues to extend a helping call to fight obesity and to provide and pro- MEDICINE ENHANCEMENT ACT hand to America’s veterinarians by supporting mote quality outdoor activities for our children. OF 2010 this important piece of legislation. For these reasons, I urge my colleagues to f support H. Res. 860. HON. ALCEE L. HASTINGS f HONORING THE SERVICE OF HIS OF FLORIDA EXCELLENCY ABDULAZIZ RECOGNIZING ALAN SPENCER OF IN THE HOUSE OF REPRESENTATIVES KAMILOV, AMBASSADOR EX- MONETT, MISSOURI Thursday, January 21, 2010 TRAORDINARY AND PLENI- HON. ROY BLUNT Mr. HASTINGS of Florida. Madam Speaker, POTENTIARY OF THE REPUBLIC I rise today to introduce the Wildlife and Zoo- OF UZBEKISTAN TO THE UNITED OF MISSOURI logical Veterinary Medicine Enhancement Act STATES IN THE HOUSE OF REPRESENTATIVES of 2010. This legislation will develop affordable Thursday, January 21, 2010 opportunities for well qualified individuals who HON. ENI F.H. FALEOMAVAEGA Mr. BLUNT. Madam Speaker, I rise today to are seeking to become wildlife and zoological OF AMERICAN SAMOA honor an educator and coach who has helped veterinarians, spur job growth and promote ro- IN THE HOUSE OF REPRESENTATIVES mold, inspire and motivate young men and bust public health policy. Thursday, January 21, 2010 women for almost four decades in Southwest Wildlife and zoo veterinarians are the pri- Mr. FALEOMAVAEGA. Madam Speaker, I Missouri. I am proud to recognize Monett High mary source of essential health care for and rise today to honor the distinguished service of School coach and educator, Alan Spencer, management of wild animals in their natural my friend, His Excellency Abdulaziz Kamilov, upon his retirement at the end of the 2010 habitat and in captivity. Not only do they pre- Ambassador Extraordinary and Plenipotentiary school year. serve natural resources and animal lives, but of the Republic of Uzbekistan to the United For 35 years, Alan has had a number of they help protect human health by preventing, States. considerable coaching accomplishments. How- detecting, and responding to exotic and dan- With distinction, Ambassador Kamilov has ever, his higher calling is to teach and instill in gerous diseases. represented Uzbekistan in the United States young men and women the traits of a strong With the intensification of globalization and for the past seven years. Before he accepted moral character. He has taught that success in climate change, along with a growing interface his assignment to come to the United States any endeavor is marked by hard work, re- between humans, livestock, and wildlife, the in 2003, he was a State Advisor to the Presi- spect, and dedication in working as a team to threat posed by emerging infectious diseases dent of his home country. accomplish a common goal. to humans and wildlife keeps increasing. Con- Some three years after the collapse of the In his retirement letter, Alan demonstrated trolling pandemic and large-scale outbreaks of Soviet Union, Mr. Kamilov became the Min- his philosophy of success as a coach and re- disease has become more problematic. How- ister of Foreign Affairs of Uzbekistan, the high- spected mentor. He wrote, ‘‘Our coaches and ever, the United States faces a shortage of est diplomatic position in the newly-formed student/athletes have gained more than just positions for wildlife and zoo veterinarians. Republic. He served in this prestigious post for skills and knowledge of the activities they On average, veterinarian graduates owe nine years. compete and coach in. They have learned $130,000 in student loans. Upon graduation, Mr. Kamilov holds a Ph.D. in the History of about loyalty, accountability, responsibility and professionals practicing wildlife and zoological International Relations and Foreign Policy. He trust. They understand that a team cannot be veterinary medicine earn relatively low sala- was President of the University of World Econ- successful without pride in your performance, ries, compared to companion animal medicine. omy and Diplomacy for almost a decade. effort to make yourself and the team better, Lower salaries, combined with high edu- Ambassador Kamilov spent much of his determination to overcome all obstacles, en- cational debt and the small number of posi- early career in rigorous study of the Middle thusiasm for the game and respect of your op- tions available discourage students from be- East. He held numerous positions in the Mid- ponents and teammates.’’ coming wildlife and zoo veterinarians. The dle East Department of the Ministry of Foreign

VerDate Nov 24 2008 04:27 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A21JA8.039 E21JAPT1 smartinez on DSKB9S0YB1PROD with REMARKS E74 CONGRESSIONAL RECORD — Extensions of Remarks January 21, 2010 Affairs of the USSR. He is fluent in English HONORING SIDNEY SINGER HONORING SGT. KIMBERLY and Arabic. MUNLEY His Excellency Kamilov is an experienced HON. TIM MURPHY diplomat who understands that the U.S. and OF PENNSYLVANIA HON. TED POE Uzbekistan have mutual interests, and our re- IN THE HOUSE OF REPRESENTATIVES OF TEXAS lationship has been immeasurably enhanced Thursday, January 21, 2010 IN THE HOUSE OF REPRESENTATIVES by his professionalism, intelligence and friend- Thursday, January 21, 2010 ship. Mr. TIM MURPHY of Pennsylvania. Madam Speaker, the veterans community in South- Mr. POE of Texas. Madam Speaker, today At times when relations between our country western Pennsylvania lost a dear friend last we honor one of our nation’s bravest women, and Uzbekistan were uncertain, Ambassador Wednesday with the passing of Sidney Singer. Sgt. Kimberly Munley. Sgt. Munley responded Kamilov remained steadfast, becoming a key While we often talk in Congress about the vet- within three minutes after gunfire was reported figure in strengthening and rebuilding our se- erans who have fought for our country and at Ft. Hood, Texas. If it was not for her quick curity and economic alliance. freedom, Mr. Singer fought for veterans. A vet- and heroic response, many more could have Ambassador Kamilov is to be commended eran himself, having served in the Army Air been killed. Sgt. Munley was shot during the for his loyalty in discharging his duties to his Forces from 1942 to 1945, Sidney dedicated exchange, but continued shooting at the gun- President, His Excellency Islam Karimov, and his life to helping homeless veterans. Many of man even after being wounded herself. Her the people of Uzbekistan. who suffered from drug and alcohol addic- bravery serves as a stark contrast to the cow- tions. ardly actions of the shooter. Sgt. Munley por- As Ambassador Kamilov moves on to new Because of Mr. Singer’s vision and tireless trayed the real courage that all of our men and responsibilities and assignments, I extend to efforts Veterans Place of Washington Boule- women in the Armed Forces embody that we him and President Karimov my highest re- vard was built for Pittsburgh’s veterans. First are all grateful for. gards and best wishes. opened in 1992, it started as a transitional f housing project. Due to enormous success f was expanded in 2003. The units provide a HONORING SEVEN AMERICANS home for veterans as they recover and transi- KILLED IN AFGHANISTAN ON DE- EXPRESSING CONDOLENCES FOR tion back into society. CEMBER 30, 2009 GOLDYE LEVI Sydney knew that Veterans Place had to be more than just a place to live, but also a place SPEECH OF for veterans to get back on their feet. This is HON. GENE GREEN HON. EDDIE BERNICE JOHNSON why Veterans Place has a Service Center to OF TEXAS OF TEXAS give veterans job training, life skills, and alco- IN THE HOUSE OF REPRESENTATIVES hol and drug counseling. IN THE HOUSE OF REPRESENTATIVES Even in his final moments, Sydney’s Wednesday, January 20, 2010 Thursday, January 21, 2010 thoughts were with his fellow veterans. On his Mr. GENE GREEN of Texas. Madam deathbed, Sydney described his vision to ex- Speaker, I rise today in strong support of Ms. EDDIE BERNICE JOHNSON of Texas. pand Veterans Place right down to the details House Resolution 1009, which honors the Madam Speaker, I rise today to express con- of the kitchens. seven Americans who died in the bombing dolences and honor the life of my dear friend, While Sydney is no longer with us, his leg- that took place in Khost, Afghanistan on De- political activist, and Dallasite, Goldye Levi. acy will live on in Pittsburgh. He will continue cember 30, 2009, and the families of those Mr. Levi, a life-long Democrat, gave so to be with every veteran granted a new lease patriots for their service and their sacrifice to much of his time and energy supporting his on life at Veterans Place. our country. party by serving in national and local leader- f These men and women were on the front ship positions. He had a front-seat to one of lines of the battle against terrorism and OUR UNCONSCIONABLE NATIONAL the most intriguing points in American history worked tirelessly on a daily basis for the safe- DEBT as the Treasurer of the Democratic National ty of the American and Afghanistan people. Committee during the 1972 break-in of the Their absence will be greatly felt throughout Watergate building. He brought his expertise HON. MIKE COFFMAN the intelligence community. of the political process to Dallas County as a OF COLORADO In 2008, I had the opportunity to visit Khost Democratic Precinct Chair, and through the IN THE HOUSE OF REPRESENTATIVES with the 101st Airborne Division of the U.S. Army along with a Texas Reserve Unit based years he encouraged countless Democrats to Thursday, January 21, 2010 get out and vote. As a candidate for Dallas in Pasadena, Texas in our district. There, I County Tax Assessor, he also sought to use Mr. COFFMAN of Colorado. Madam Speak- saw these men and women working under er, today our national debt is harsh conditions, away from their loved ones, his experience as a certified public accountant $12,327,380,804,696.82. and in the face of great risks. Our entire na- to serve his community. Mr. Levi dem- On January 6th, 2009, the start of the 111th tion owes a great debt to all the men and onstrated the ultimate in civic duty and Dallas Congress, the national debt was women working to protect our country and sta- has lost a great advocate. $10,638,425,746,293.80. bilize Afghanistan. Our government, ‘‘by the people,’’ rests This means the national debt has increased Again, I would like to express my deepest wholly on the willingness of citizens to actively by $1,688,955,058,403.02 so far this Con- condolences to the families, friends, and loved participate in the political process—citizens gress. ones of those killed in the bombings and also like Mr. Levi. I urge my fellow colleagues to This debt and its interest payments we are offer my support and hope for a full recovery join me in expressing condolences and hon- passing to our children and all future Ameri- to the other six Americans who were wounded oring the life of Mr. Goldye Levi. cans. in this tragic bombing.

VerDate Nov 24 2008 04:27 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A21JA8.043 E21JAPT1 smartinez on DSKB9S0YB1PROD with REMARKS Thursday, January 21, 2010 Daily Digest Senate Chamber Action Measures Considered: Increasing the Statutory Limit on the Public Routine Proceedings, pages S61–S134 Debt—Agreement: Senate continued consideration Measures Introduced: Five bills and five resolu- of H.J. Res. 45, increasing the statutory limit on the tions were introduced, as follows: S. 2942–2946, S.J. public debt, taking action on the following amend- Res. 26, and S. Res. 390–393. Page S122 ments proposed thereto: Page S72–S113 Measures Reported: Withdrawn: By 53 yeas to 45 nays (Vote No. 2) Thune S. 375, to authorize the Crow Tribe of Indians Amendment No. 3301 (to Amendment No. 3299), water rights settlement, with an amendment in the to terminate authority under the Troubled Asset Re- nature of a substitute. (S. Rept. No. 111–118) lief Program. (A unanimous-consent agreement was S. 313, to resolve water rights claims of the reached providing that the amendment, having failed White Mountain Apache Tribe in the State of Ari- to achieve 60 affirmative votes, be withdrawn). zona, with an amendment in the nature of a sub- Pages S73–74, S75–82, S96–S102 stitute. (S. Rept. No. 111–119) Page S122 Pending: Measures Passed: Baucus (for Reid) Amendment No. 3299, in the nature of a substitute. Page S73 Relief for Victims of the Earthquake in Haiti: Baucus Amendment No. 3300 (to Amendment Senate passed H.R. 4462, to accelerate the income No. 3299), to protect Social Security. tax benefits for charitable cash contributions for the Pages S73, S74–75 relief of victims of the earthquake in Haiti, clearing Conrad/Gregg Amendment No. 3302 (to Amend- the measure for the President. Pages S105–06 ment No. 3299), to establish a Bipartisan Task Force Washington Metropolitan Area Transit Regula- for Responsible Fiscal Action, to assure the long- tion Compact: Committee on the Judiciary was dis- term fiscal stability and economic security of the charged from further consideration of S.J. Res. 25, Federal Government of the United States, and to ex- granting the consent and approval of Congress to pand future prosperity and growth for all Americans. amendments made by the State of Maryland, the Pages S81, S82–96, S102–05 Commonwealth of Virginia, and the District of Co- A unanimous-consent agreement was reached pro- lumbia to the Washington Metropolitan Area Tran- viding for further consideration of the resolution at sit Regulation Compact, and the resolution was then approximately 9:30 a.m., on Friday, January 22, 2010. Page S133 passed. Pages S131–32 25th Anniversary of the Victims of Crime Act: Nominations Received: Senate received the fol- lowing nominations: Senate agreed to S. Res. 391, recognizing the 25th 42 Air Force nominations in the rank of general. anniversary of the enactment of the Victims of 1 Army nomination in the rank of general. Crime Act of 1984 (42 U.S.C. 10601 et seq.) and Routine lists in the Air Force, Army, and Navy. the substantial contributions to the Crime Victims Page S133–34 Fund made through the criminal prosecutions con- ducted by United States Attorneys’ offices and other Nominations Withdrawn: Senate received notifica- tion of withdrawal of the following nominations: components of the Department of Justice. Page S132 Erroll G. Southers, of California, to be an Assist- Sense of the Senate on the Earthquake in Haiti: ant Secretary of Homeland Security, which was sent Senate agreed to S. Res. 392, expressing the Sense to the Senate on September 17, 2009. of the Senate on the humanitarian catastrophe caused Jide J. Zeitlin, of New York, to be Representative by the January 12, 2010 earthquake in Haiti. of the United States of America to the United Na- Pages S132–33 tions for U.N. Management and Reform, with the D29

VerDate Nov 24 2008 03:44 Jan 22, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D21JA0.REC D21JAPT1 smartinez on DSKB9S0YB1PROD with DIGEST D30 CONGRESSIONAL RECORD — DAILY DIGEST January 21, 2010 rank of Ambassador, which was sent to the Senate INDEPENDENT REVIEW RELATING TO on September 24, 2009. FORT HOOD Jide J. Zeitlin, of New York, to be Alternate Rep- Committee on Armed Services: Committee concluded resentative of the United States of America to the open and closed hearings to examine findings and Sessions of the General Assembly of the United Na- recommendations of the Department of Defense tions during his tenure of service as Representative Independent Review Relating to Fort Hood, after re- of the United States of America to the United Na- ceiving testimony from Togo D. West, Jr., and Ad- tions for U.N. Management and Reform, which was miral Vernon E. Clark, USN (Ret.), both Co-Chair, sent to the Senate on September 24, 2009. Department of Defense Independent Review Relat- Roszell Hunter, of Virginia, to be a Member of ing to Fort Hood. the Board of Directors of the Export-Import Bank of the United States for a term expiring January 20, NOMINATIONS 2013, which was sent to the Senate on October 1, Committee on Banking, Housing, and Urban Affairs: 2009. Page S134 Committee concluded a hearing to examine the nominations of Kevin Wolf, of Virginia, to be As- Messages From the House: Page S119 sistant Secretary for Export Administration, who was Measures Referred: Page S119 introduced by Senator Lincoln, Suresh Kumar, of Measures Placed on the Calendar: Pages S62, S119 New Jersey, to be Assistant Secretary and Director General of the United States and Foreign Commer- Executive Communications: Pages S119–22 cial Service, who was introduced by Senator Menen- Executive Reports of Committees: Page S122 dez, and David W. Mills, of Virginia, to be Assist- Additional Cosponsors: Pages S122–23 ant Secretary for Export Enforcement, all of the De- partment of Commerce, Douglas A. Criscitello, of Statements on Introduced Bills/Resolutions: Virginia, to be Chief Financial Officer, Department Pages S123–28 of Housing and Urban Development, Theodore W. Additional Statements: Pages S117–19 Tozer, of Ohio, to be President, Government Na- Amendments Submitted: Pages S128–31 tional Mortgage Association, who was introduced by Senator Brown, and Orlan Johnson, of Maryland, and Notices of Hearings/Meetings: Page S131 Sharon Y. Bowen, of New York, both to be a Direc- Authorities for Committees to Meet: Page S131 tor of the Securities Investor Protection Corporation, Privileges of the Floor: Page S131 after the nominees testified and answered questions in their own behalf. Record Votes: One record vote was taken today. (Total—2) Page S102 CLIMATE CHANGE RESEARCH AND Adjournment: Senate convened at 9:30 a.m. and DEVELOPMENT adjourned at 7:11 p.m., until 9:30 a.m. on Friday, Committee on Energy and Natural Resources: Committee January 22, 2010. (For Senate’s program, see the re- concluded a hearing to examine the research and de- marks of the Acting Majority Leader in today’s velopment priorities and imperatives needed to meet Record on page S133.) the medium- and long-term challenges associated with climate change, after receiving testimony from Steven Chu, Secretary of Energy. Committee Meetings U.S. ENGAGEMENT IN ASIA (Committees not listed did not meet) Committee on Foreign Relations: Subcommittee on East Asian and Pacific Affairs concluded a hearing to ex- JOB CREATION amine principles of United States engagement in Asia, after receiving testimony from Kurt M. Camp- Committee on Appropriations: Subcommittee on Labor, bell, Assistant Secretary of State for East Asian and Health and Human Services, Education, and Related Pacific Affairs; and Robert Sutter, Georgetown Uni- Agencies concluded a hearing to examine how to versity School of Foreign Service, and Robert Her- save and create jobs, after receiving testimony from man, Freedom House, both of Washington, DC. Iowa Governor Chet Culver, Des Moines; Lawrence Mishel, Economic Policy Institute, Washington, DC; AFGHANISTAN Jerry D. Weast, Montgomery County Public Schools, Committee on Foreign Relations: Committee concluded Rockville, Maryland; and Marlena Sessions, Work- a hearing to examine civilian strategy for Afghani- force Development Council of Seattle-King County, stan, focusing on a status report in advance of the Seattle, Washington. London conference, after receiving testimony from

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Richard C. Holbrooke, Special Representative for Af- The nominations of O. Rogeriee Thompson, of ghanistan and Pakistan, Department of State; and Rhode Island, to be United States Circuit Judge for Right Honorable David Miliband, Secretary of State the First Circuit, and Robert William Heun, of for Foreign and Commonwealth Affairs, London, Alaska, to be United States Marshal for the District United Kingdom. of Alaska. BUSINESS MEETING INTELLIGENCE Committee on the Judiciary: Committee ordered favor- Select Committee on Intelligence: Committee held closed ably reported S. 714, to establish the National hearings on intelligence matters, receiving testimony Criminal Justice Commission, with an amendment from officials of the intelligence community. in the nature of a substitute; and Committee recessed subject to the call. h House of Representatives White Mountain Apache Tribe Water Rights Chamber Action Quantification Act: The House passed H.R. 1065, Public Bills and Resolutions Introduced: 18 pub- to resolve water rights claims of the White Moun- lic bills, H.R. 4484–4501; and 16 resolutions, H.J. tain Apache Tribe in the State of Arizona, by a yea- Res. 67–7;1 and H. Res. 1025–1035 were intro- and-nay vote of 262 yeas to 147 nays, Roll No. 14. duced. Pages H325–27 Pages H290–97, H299 Additional Cosponsors: Pages H327–28 Pursuant to the rule, the amendment in the na- ture of a substitute recommended by the Committee Reports Filed: There were no reports filed today. on Natural Resources now printed in the bill, modi- Taos Pueblo Indian Water Rights Settlement fied by the amendment printed in part C of H. Act: The House passed H.R. 3254, to approve the Rept. 111–399, shall be considered as adopted. Taos Pueblo Indian Water Rights Settlement Agree- Page H290 ment, by a yea-and-nay vote of 254 yeas to 158 H. Res. 1017, the rule providing for consideration nays, Roll No. 12. Pages H272–79, H298 of the bills (H.R. 3254, H.R. 3342, and H.R. 1065) Pursuant to the rule, the amendment in the na- was agreed to on Wednesday, January 20th. ture of a substitute recommended by the Committee Suspensions—Proceedings Resumed: The House on Natural Resources now printed in the bill shall agreed to suspend the rules and pass the following be considered as adopted. Page H272 measures which were debated on Wednesday, Janu- H. Res. 1017, the rule providing for consideration ary 20th: of the bills (H.R. 3254, H.R. 3342, and H.R. 1065) was agreed to on Wednesday, January 20th. Expressing condolences to and solidarity with the people of Haiti: H. Res. 1021, to express condo- Aamodt Litigation Settlement Act: The House lences to and solidarity with the people of Haiti in passed H.R. 3342, to authorize the Secretary of the the aftermath of the devastating earthquake of Janu- Interior, acting through the Commissioner of Rec- ary 12, 2010, by a 2⁄3 yea-and-nay vote of 411 yeas lamation, to develop water infrastructure in the Rio to 1 nay, Roll No. 15; Pages H299–H300 Grande Basin, and to approve the settlement of the water rights claims of the Pueblos of Nambe, Nuclear Forensics and Attribution Act: Agreed Pojoaque, San Ildefonso, and Tesuque, by a yea-and- to the Senate amendment to H.R. 730, to strengthen nay vote of 249 yeas to 153 nays, Roll No. 13. efforts in the Department of Homeland Security to Pages H279–90, H298–99 develop nuclear forensics capabilities to permit attri- Pursuant to the rule, the amendment in the na- bution of the source of nuclear material, by a 2⁄3 yea- ture of a substitute recommended by the Committee and-nay vote of 397 yeas to 10 nays, Roll No. 16; on Natural Resources now printed in the bill shall Pages H300–01 be considered as adopted. Page H279 Private First Class Garfield M. Langhorn Post H. Res. 1017, the rule providing for consideration Office Building Designation Act: H.R. 3250, to of the bills (H.R. 3254, H.R. 3342, and H.R. 1065) designate the facility of the United States Postal was agreed to on Wednesday, January 20th. Service located at 1210 West Main Street in

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Marcilynn Burke, Deputy Director, BLM, Depart- Madhulika Agarwal, M.D., Chief Officer, Office of ment of the Interior; Jay Jensen, Deputy Under Sec- Patient Care Services, Veterans Health Administra- retary, Natural Resources and the Environment, tion, Department of Veterans Affairs; representatives USDA; and public witnesses. of veterans organizations; and a public witness.. SMALL/MEDIUM-SIZED MANUFACTURERS BRIEFING—CYBERSECURITY SUPPORT PROGRAMS Permanent Select Committee on Intelligence: Met in execu- Committee on Science and Technology: Subcommittee on tive session to receive a briefing on Cybersecurity Technology and Innovation held a hearing on Com- Threats. The Committee was briefed by depart- merce Department Programs to Support Job Cre- mental witnesses. ation and Innovation at Small-and Medium-Sized Manufacturers. Testimony was heard from Dennis F. Hightower, Deputy Secretary, Department of Com- Joint Meetings merce; and public witnesses. MOLDOVA LONG-TERM SOLUTION FOR POST-9/11 G.I. Commission on Security and Cooperation in Europe: Com- BILL mission concluded a hearing to examine democratic Committee on Veterans Affairs: Subcommittee on Eco- change and challenges in Moldova, after receiving nomic Opportunity held a hearing on Long-Term testimony from Vlad Filat, Prime Minister of the Solution for Post-9/11 G.I. Bill. Testimony was Republic of Moldova. heard from the following officials of the Department f of Veterans Affairs: CPT Mark Krause, USN (ret.), Program Manager, Space and Naval Warfare Systems COMMITTEE MEETINGS FOR FRIDAY, Center Atlantic; and Roger W. Baker, Assistant Sec- JANUARY 22, 2010 retary, Information and Technology. (Committee meetings are open unless otherwise indicated) TRANSITIONING VETERANS Senate Committee on Veterans Affairs: Subcommittee on Over- No meetings/hearings scheduled. sight and Investigations held a hearing on Transitioning Heroes: New Era Same Problems? Tes- House timony was heard from Noel Koch, Deputy Under Committee on Financial Services, hearing entitled ‘‘Com- Secretary, Office of Wounded Warrior Care and pensation in the Financial Industry,’’ 10 a.m., 2128 Ray- Transition Policy, Department of Defense; burn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, January 22 10 a.m., Friday, January 22

Senate Chamber House Chamber Program for Friday: Senate will continue consideration Program for Friday: The House will meet in pro forma of H.J. Res. 45, increasing the statutory limit on the session at 10 a.m. public debt.

Extensions of Remarks, as inserted in this issue

HOUSE Hall, Ralph M., Tex., E58, E59, E60, E61, E61 Neal, Richard E., Mass., E58 Hastings, Alcee L., Fla., E73 Pelosi, Nancy, Calif., E57 Blunt, Roy, Mo., E73 Hensarling, Jeb, Tex., E64, E65 Poe, Ted, Tex., E74 Brown, Henry E., Jr., S.C., E65 Herger, Wally, Calif., E60 Rahall, Nick J., II, W.Va., E66 Capps, Lois, Calif., E72 Higgins, Brian, N.Y., E61 Rohrabacher, Dana, Calif., E64 Chandler, Ben, Ky., E65 Jackson-Lee, Sheila, Tex., E57, E68 Childers, Travis W., Miss., E62 Johnson, Eddie Bernice, Tex., E61, E67, E71, E74 Ryan, Tim, Ohio, E63 Coffman, Mike, Colo., E74 Klein, Ron, Fla., E59 Sestak, Joe, Pa., E62 Duncan, John J., Jr., Tenn., E65, E66 Langevin, James R., R.I., E70 Sires, Albio, N.J., E71 Faleomavaega, Eni F.H., American Samoa, E72, E73 Lynch, Stephen F., Mass., E70 Smith, Lamar, Tex., E71 Fattah, Chaka, Pa., E63 McCollum, Betty, Minn., E73 Sullivan, John, Okla., E71 Forbes, J. Randy, Va., E60 Michaud, Michael H., Me., E59 Tiahrt, Todd, Kans., E58, E59 Frelinghuysen, Rodney P., N.J., E66, E67 Miller, Candice S., Mich., E59 Van Hollen, Chris, Md., E60 Garrett, Scott, N.J., E57 Miller, Jeff, Fla., E63 Wasserman Schultz, Debbie, Fla., E60, E61 Giffords, Gabrielle, Ariz., E71 Mitchell, Harry E., Ariz., E63 Wilson, Joe, S.C., E57 Green, Gene, Tex., E74 Moran, Jerry, Kans., E65 Guthrie, Brett, Ky., E64 Murphy, Tim, Pa., E74 Wolf, Frank R., Va., E68, E68

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