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

Vol. 155 WASHINGTON, FRIDAY, JANUARY 9, 2009 No. 4 House of Representatives The House met at 9 a.m. and was forward and lead the House in the The U.S. abstained from a U.N. call called to order by the Speaker pro tem- Pledge of Allegiance. for a cease-fire. We must take a new di- pore (Ms. TSONGAS). Mr. POE of Texas led the Pledge of rection in the Middle East, and that f Allegiance as follows: new direction must be mindful of the inhumane conditions in Gaza. DESIGNATION OF THE SPEAKER I pledge allegiance to the Flag of the United States of America, and to the Repub- f PRO TEMPORE lic for which it stands, one nation under God, The SPEAKER pro tempore laid be- indivisible, with liberty and justice for all. HONORING THE LIFE OF DENNIS BARNEY fore the House the following commu- f nication from the Speaker: (Mr. FLAKE asked and was given ANNOUNCEMENT BY THE SPEAKER WASHINGTON, DC, permission to address the House for 1 PRO TEMPORE January 9, 2009. minute.) I hereby appoint the Honorable NIKI TSON- The SPEAKER pro tempore. The Mr. FLAKE. Madam Speaker, every GAS to act as Speaker pro tempore on this Chair will entertain up to five requests so often a community is blessed with a day. for 1-minute speeches on each side of giant of a man, a man whose imprint NANCY PELOSI, the aisle. Speaker of the House of Representatives. and influence will be felt for genera- f tions to come. Such is the case with f Dennis Barney, who passed away this A NEW DIRECTION IN THE MIDDLE PRAYER week at the far too young age of 62. EAST The Chaplain, the Reverend Daniel P. Countless organizations like the Coughlin, offered the following prayer: (Mr. KUCINICH asked and was given United Way, the Boy Scouts, the Boys As a parent encourages a child or a permission to address the House for 1 and Girls Club, the United Food Bank mentor calls forth the hidden potential minute and to revise and extend his re- and the Arizona Interfaith Movement of an intern, Lord our God, may You marks.) have profited from his generosity. bless all who work as the 111th Con- Mr. KUCINICH. In Gaza the United Thousands of students, families and in- gress, especially new Members. Nations gave the Israeli Army the co- dividuals have benefited from his kind- Remove fear and confusion, which ordinates of a U.N. school, and the ness, his example and his inspired only inhibit good judgment and leader- school was then hit by Israeli tank fire, counsel. ship. Strengthen the resolve and com- killing about 40. Still, it was within the walls of his passion of all Members, that they may The U.N. put flags on emergency ve- own home that his most important serve Your people with renewed clarity hicles, coordinating the movements of work was accomplished. Along with his of vision and refined purpose that will those vehicles with the Israeli mili- wife, Ann, he raised a remarkable fam- soon unify this Nation in self-discipline tary, and the vehicles came under at- ily of 10 children who will surely carry and confidence. tack, killing emergency workers. on his great legacy. For You reward the just and their The Israeli Army evacuated 100 Pal- May every community in every State deeds, both now and forever. estinians to a shelter, and then bombed across this great land be so blessed as Amen. the shelter, killing 30 people. to know such a giant of a man as Den- Emergency workers have been f nis Barney. blocked by the Israeli Army from f THE JOURNAL reaching hundreds of injured persons. OIL COMPANIES REDUCING The SPEAKER pro tempore. The Today’s Washington Post: ‘‘100 sur- EXPLORATION Chair has examined the Journal of the vivors rescued in Gaza from ruins last day’s proceedings and announces blocked by Israelis. Relief agencies fear (Mr. ALTMIRE asked and was given to the House her approval thereof. more are trapped, days after neighbor- permission to address the House for 1 Pursuant to clause 1, rule I, the Jour- hood was shelled.’’ minute and to revise and extend his re- nal stands approved. Today the U.S. Congress is going to marks.) f be asked to pass a resolution sup- Mr. ALTMIRE. Madam Speaker, re- porting Israel’s actions in Gaza. I’m member the ‘‘Drill here, Drill Now’’ PLEDGE OF ALLEGIANCE hopeful that we don’t support the inhu- rallying cry we heard nonstop on this The SPEAKER pro tempore. Will the manity that has been repeatedly ex- floor? Even when the lights were off gentleman from Texas (Mr. POE) come pressed by the Israeli Army. and Congress was in recess, the other

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 03:45 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JA7.000 H09JAPT1 rfrederick on PROD1PC67 with HOUSE H94 CONGRESSIONAL RECORD — HOUSE January 9, 2009 side stood here in the dark, with their to work and putting our economy on a have made their way to the kitchen charts and graphs, blaming Democrats path to recovery. table of every American home, leaving for high gas prices. I congratulate the President-elect families worried about their financial If only we would allow drilling in the with his sense of urgency. Shovel-ready future. That’s why we need immediate Outer Continental Shelf, they said, the infrastructure projects, he’s put that passage of an economic recovery plan oil companies would expand explo- on everybody’s mind. That’s excellent, to avoid a deeper economic downturn ration and produce oil in record tremendous public support. Unfortu- and restore jobs. In addition to giving amounts. Well, we opened up the OCS nately, the package is a little short on the economy a short-term boost, we for the first time in 20 years, and now infrastructure and shovel-ready, and must spur economic growth and com- the oil companies are free to explore very long on tax cuts, the same policies petitiveness for the long-term stability and drill without restriction. that failed us during the Bush years. of this country. But the oil companies are reducing Five times as much for tax cuts. This economic recovery package is exploration. That’s right. We opened up Will $8 a pay period additional in an opportunity to invest in tomorrow the OCS to the oil companies and they their take-home put Americans back to by making major changes to our Na- responded by cutting back on explo- work? It’s good for Americans. They’re tion’s approach to energy, health care, ration. suffering. But will that rebuild our education and infrastructure. Address- Where is the outrage from my col- economy, put people back to work? ing our Nation’s infrastructure chal- leagues on the other side? Will a look back for the banks so lenge will create jobs in the troubled Congress did its part. So when gas they can get tax benefits, they can re- construction and manufacturing sec- prices inevitably go back up, I hope claim taxes they paid in the past, while tors, while helping to spur long-term they will focus their ‘‘Drill Baby Drill’’ taking TARP money and not telling us economic growth. Highway projects chants directly on the oil companies. what they do with it, will that put could create 630,000 jobs, while green f Americans back to work? school construction and maintenance We need more investment in infra- and repair initiatives for schools could IRAN IS THE WORLD THREAT structure and less emphasis on the tax create 250,000 jobs. (Mr. POE of Texas asked and was cuts. Madam Speaker, we must work given permission to address the House f quickly and in strong bipartisan fash- for 1 minute.) Mr. POE of Texas. Madam Speaker, RECOGNIZING SOUTH CAROLINA ion to create and save 3 million jobs. Israel and Hamas are at war. But make JAG CORPS f no mistake about it, it’s the little fel- (Mr. WILSON of South Carolina CONSUMER AUTO RELIEF ACT low from Iran, Mahmoud Ahmadinejad, asked and was given permission to ad- (Mr. ROGERS of Alabama asked and and his radical religious cronies of hate dress the House for 1 minute and to re- was given permission to address the that are the ones that are behind this vise and extend his remarks.) House for 1 minute and to revise and troubling turmoil in the lands of the Mr. WILSON of South Carolina. extend his remarks.) Middle East. Madam Speaker, I rise today to recog- Mr. ROGERS of Alabama. Madam For years Iran has supported the nize the South Carolina National Speaker, I rise today to discuss the twin tribes of terror, Hamas and Guard. In 2008 they achieved the high- Consumer Auto Relief Act, or CAR Act, Hezbollah, by supplying arms and est number of judge advocate generals a bill that I plan to introduce later equipment and training. In 2006 Iran serving in the Nation, according to today. This bill will provide a variety used the hired guns of Hezbollah in Scott Bell, National Guard historian. of incentives to the purchasers of new Lebanon to war with Israel. This significant milestone is a tribute Hamas has proudly proclaimed that to the South Carolina Bar and to the cars, and will incentivize lenders to it’s had its soldiers of terror trained in professional leadership of Colonel loan the money to finance these new Iran. Now Hamas is firing long-range Barry Bernstein, state judge advocate automobile purchases. Iranian missiles from Gaza into civil- for the South Carolina National Guard. This legislation is about giving ian areas of Israel. And the bandit Twenty-four of the State’s 27 JAGs American consumers much needed tax group, Hezbollah, is getting blamed for have been awarded Global War on Ter- relief. It’s about stimulating consumer new missile attacks into northern rorism campaign medals. credit markets. It’s about restoring Israel. As a former staff judge advocate, I consumer confidence. It’s about jump- As the nations of the world, espe- understand and appreciate and know starting our stalled economy, and it cially Egypt, attempt to broker a firsthand the work that our JAG Corps should be a part of the new economic cease-fire between Hamas and Israel, has done to provide legal counsel to stimulus package. they would do well to deal with the our military leadership and to our I ask the House to support this bill. real culprit in this war, Iran. brave men and women in uniform. f Until the world recognizes that Theirs is an important part of the de- LILLY LEDBETTER FAIR PAY ACT President Ahmadinejad is determined fense of American families by defeating AND THE PAYCHECK FAIRNESS to destroy Israel by any means nec- terrorists overseas. I saw this when I ACT essary, there will never be peace in the visited the 218th Brigade JAG during (Ms. TSONGAS asked and was given Middle East. Iran has made its inten- quarterly visits in the last year at permission to address the House for 1 tions clear to the world. World leaders Camp Phoenix in Afghanistan. need to make it clear to Iran that mur- I commend Colonel Bernstein and Ad- minute.) der in the name of hate, will not be tol- jutant General Stan Spears for their Ms. TSONGAS. Mr. Speaker, I rise to erated on the world stage. leadership and all the members of the express my strong support for two im- And that’s just the way it is. South Carolina JAG Corps on this portant bills that we will consider later today. The Lilly Ledbetter Fair Pay f achievement. In conclusion, God bless our troops, Act and the Paycheck Fairness Act OUR ECONOMY IS IN A SHAMBLES and we will never forget September both advance the fight to ensure equal (Mr. DEFAZIO asked and was given 11th. pay for women in the workforce According to the U.S. Census Bureau, permission to address the House for 1 f minute.) women make 78 cents for every dollar Mr. DEFAZIO. After 8 years of disas- ECONOMIC RECOVERY PLAN WILL earned for similar work by their male trous Bush-led trickle-down deregula- INVEST IN AMERICA’S FUTURE counterparts. This form of discrimina- tion, anything-goes economic policies, AND CREATE JOBS tion is unacceptable, and it not just a our economy is in a shambles. Unem- (Mr. PALLONE asked and was given women’s issue, it is a family issue. The ployment, foreclosures, they’re sky- permission to address the House for 1 Institute of Women’s Policy Research rocketing. minute.) found that this wage disparity will cost We need to rebuild the foundations of Mr. PALLONE. Madam Speaker, the an individual woman anywhere from our economy, putting Americans back deepening effects of the economic crisis $400,000 to $2 million over a lifetime in

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We can easily imagine the Whereas Hamas has been designated by the ish and democratic state with secure bor- impact on a woman’s life, as well as United States as a Foreign Terrorist Organi- ders, and recognizes its right to act in self- her children’s. zation; defense to protect its citizens against I am proud to support these impor- Whereas Hamas has refused to comply with Hamas’s unceasing aggression, as enshrined the Quartet’s (the United States, the Euro- tant measures which make the Amer- in the United Nations Charter; pean Union, Russia, and the United Nations) (2) reiterates that Hamas must end the ican promise of opportunity more ac- requirements that Hamas recognize Israel’s rocket and mortar attacks against Israel, cessible to women and to their fami- right to exist, renounce violence, and agree recognize Israel’s right to exist, renounce vi- lies. to accept previous agreements between olence, agree to accept previous agreements f Israel and the Palestinians; between Israel and the Palestinians, and Whereas in June 2006, Hamas illegally verifiably dismantle its terrorist infrastruc- b 0915 crossed into Israel, attacked Israeli forces, ture; THE STATE AND LOCAL SALES and kidnaped Corporal Gilad Shalit, whom (3) encourages the Administration to work TAX DEDUCTION EXPANSION ACT they continue to hold today; actively to support a durable and sustainable Whereas Hamas has launched thousands of cease-fire in Gaza, as soon as possible, that (Mrs. BLACKBURN asked and was rockets and mortars against Israeli popu- prevents Hamas from retaining or rebuilding given permission to address the House lation centers since 2001, and has launched its terrorist infrastructure, including the ca- for 1 minute and to revise and extend more than 6,000 such rockets and mortars pability to launch rockets and mortars her remarks.) since Israel withdrew its civilian population against Israel, and thereby allowing for the Mrs. BLACKBURN. Mr. Speaker, on and its military from Gaza in 2005; long-term improvement of daily living condi- the day following the President-elect’s Whereas Hamas has increased the range tions for the people of Gaza; call for a new $1 trillion spending pack- and payload of its rockets, reportedly with (4) believes strongly that the lives of inno- support from Iran and others, putting hun- cent civilians must be protected to the max- age free from earmarks, House Demo- dreds of thousands of Israelis in danger of crats are bringing to the floor two bills imum extent possible, expresses condolences rocket attacks from Gaza; to innocent Palestinian and Israeli victims that represent little more than an ear- Whereas Hamas locates elements of its ter- and their families, and reiterates that hu- mark for the trial bar. rorist infrastructure in civilian population manitarian needs in Gaza should be ad- Given the current state of the econ- centers, thus using innocent civilians as dressed promptly and responsibly; omy, it is inconceivable that Congress human shields; (5) calls on all nations— move forward with more ways to re- Whereas Secretary of State Condoleezza (A) to condemn Hamas for deliberately em- strict the ability of honest employers Rice said in a statement on December 27, bedding its fighters, leaders, and weapons in 2008, that ‘‘We strongly condemn the re- to run their businesses. Instead, we private homes, schools, mosques, hospitals, peated rocket and mortar attacks against and otherwise using Palestinian civilians as need to focus our attention on stimu- Israel and hold Hamas responsible for break- lating the economy without earmarks human shields, while simultaneously tar- ing the cease-fire and for the renewal of vio- geting Israeli civilians; and for special interest groups. Congress lence there’’; (B) to lay blame both for the breaking of can do this by providing tax cuts to Whereas on December 27, 2008, Israeli the ‘‘calm’’ and for subsequent civilian cas- spur investment on alternative en- Prime Minister Ehud Olmert said, ‘‘For ap- ualties in Gaza precisely where blame be- ergy—or how about first-time home proximately seven years, hundreds of thou- longs, that is, on Hamas; purchases?—and implement common- sands of Israeli citizens in the south have (6) supports and encourages efforts to di- been suffering from missiles being fired at sense tax changes like the State and minish the appeal and influence of extrem- them . . . In such a situation we had no al- ists in the Palestinian territories, and Local Sales Tax Deduction Expansion ternative but to respond. We do not rejoice Act, which I am introducing today. strengthen moderate Palestinians who are in battle but neither will we be deterred committed to a secure and lasting peace These ideas will stimulate the econ- from it. . . . The operation in the Gaza Strip omy immediately without hurting with Israel; is designed, first and foremost, to bring (7) calls on Egypt to intensify its efforts to small businesses. It will be helping about an improvement in the security re- halt smuggling between Gaza and Egypt and small businesses. Let’s reject earmarks ality for the residents of the south of the affirms the willingness of the United States for the trial bar. Let’s pass tax relief country’’; to continue to assist Egypt in these efforts; for working Americans and spur job Whereas the humanitarian situation in (8) calls for the immediate release of the growth. Gaza, including shortages of food, water, kidnaped Israeli soldier Gilad Shalit, who electricity, and adequate medical care, is be- f has been illegally held in Gaza since June coming more acute; 2006; and ANNOUNCEMENT BY THE SPEAKER Whereas Israel has facilitated humani- (9) reiterates its strong support for a just PRO TEMPORE tarian aid to Gaza with hundreds of trucks and sustainable resolution of the Israeli-Pal- carrying humanitarian assistance and nu- The SPEAKER pro tempore (Ms. estinian conflict achieved through negotia- merous ambulances entering the Gaza Strip tions between Israel and the Palestinian Au- TSONGAS). Pursuant to clause 8 of rule since the current round of fighting began on thority in order to ensure the welfare, secu- XX, the Chair will postpone further December 27, 2008; rity, and survival of the State of Israel as a proceedings today on motions to sus- Whereas on January 6, 2009, before the Jewish and democratic state with secure bor- pend the rules on which a recorded vote United Nations Security Council, Secretary ders, and a viable, independent, and demo- or the yeas and nays are ordered, or on Rice stated that: ‘‘The situation before the cratic Palestinian state living side by side in which the vote is objected to under current events in Gaza was clearly not sus- peace and security with the State of Israel. tainable. Hundreds of thousands of Israelis clause 6 of rule XX. lived under the daily threat of rocket attack, The SPEAKER pro tempore. Pursu- Record votes on postponed questions and frankly, no country, none of our coun- ant to the rule, the gentleman from will be taken later today. tries, would have been willing to tolerate California (Mr. BERMAN) and the gen- f such a circumstance. Moreover, the people of Gaza watched as insecurity and lawlessness tlewoman from Florida (Ms. ROS- RECOGNIZING ISRAEL’S RIGHT TO increased and as their living conditions grew LEHTINEN) each will control 20 minutes. DEFEND ITSELF AGAINST AT- more dire because of Hamas’s actions which The Chair recognizes the gentleman TACKS FROM GAZA began with the illegal coup against the Pal- from California. Mr. BERMAN. Madam Speaker, I estinian Authority in Gaza. . . . A ceasefire move to suspend the rules and agree to that returns to those circumstances is unac- GENERAL LEAVE the resolution (H. Res. 34) recognizing ceptable and it will not last’’; and Mr. BERMAN. I ask unanimous con- Whereas the ultimate goal of the United Israel’s right to defend itself against States is a sustainable resolution of the sent that all Members may have 5 leg- attacks from Gaza, reaffirming the Israeli-Palestinian conflict that will ensure islative days to revise and extend their United States’ strong support for the welfare, security, and survival of the remarks and to include extraneous ma- Israel, and supporting the Israeli-Pal- State of Israel as a Jewish and democratic terial on the resolution under consider- estinian peace process. state with secure borders, and a viable, inde- ation. The Clerk read the title of the resolu- pendent, and democratic Palestinian state The SPEAKER pro tempore. Is there living side by side in peace and security with tion. objection to the request of the gen- The text of the resolution is as fol- the State of Israel: Now, therefore, be it tleman from California? lows: Resolved, That the House of Representa- tives— There was no objection. H. RES. 34 (1) expresses vigorous support and unwav- Whereas Hamas was founded with the stat- ering commitment to the welfare, security, Mr. BERMAN. Madam Speaker, I ed goal of destroying the State of Israel; and survival of the State of Israel as a Jew- yield myself 2 minutes.

VerDate Nov 24 2008 04:22 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.003 H09JAPT1 rfrederick on PROD1PC67 with HOUSE H96 CONGRESSIONAL RECORD — HOUSE January 9, 2009 When a nation’s towns and villages has sought just and lasting peace and Today, this House sends a strong and un- are attacked without provocation by security, Hamas and other Islamic equivocal signal that America stands with nearly 9,000 rockets over the span of 8 militants have launched thousands of Israel in its fight to exist. years, there could hardly be a more rockets from Gaza against innocents in To some of the ‘‘high-minded’’ who feel solid case for the use of force in self-de- southern Israel. Israel, a democratic comfortably removed from this struggle, such fense. At least 700,000 Israelis, 10 per- state, chose to exercise remarkable re- language is old-fashioned, or out of style, or cent of that small nation, are now straint. undiplomatic. within range of missiles and rockets Finally, on December 19, Hamas uni- In the United States, Madam Speaker, we operated by an Islamist terrorist group laterally broke the calm, the so-called prefer to call it the truth. committed to Israel’s destruction. calm, and began launching scores of For 8 years, while Israel has sought just and I have no trouble justifying the war rockets against Israel. Israel chose to lasting peace and security, Hamas and other Israel is undertaking, but I am deeply protect itself and her people. Israel has Islamist militants have launched over 8,000 troubled by the suffering, destruction made every effort to prevent civilian rockets from Gaza against innocents in south- and loss of innocent life that war inevi- casualties and has provided significant ern Israel. tably entails, in this case, a war forced humanitarian assistance to Palestinian Even after Israel took the risk of withdrawing upon Israel by a terrorist enemy that civilians. Meanwhile, Hamas has again from Gaza in 2005, Hamas rejected peace not only targets Israeli civilians but committed war crimes by placing its and chose to use its new sanctuary to plan that also bases itself among Gazan Pal- militants and its weapons in or at and carry out more attacks against the Jewish estinian homes, schools, mosques, and schools, in hospitals, in private homes, state and its people. hospitals in order to use innocent civil- and in other civilian buildings. Six months ago, Hamas agreed to a so- ians as human shields and as tools of a How has much of the world reacted? called state of ‘‘calm,’’ then proceeded to propaganda war. It is imperative that a Too many states and too many officials break it repeatedly by using other groups to way be found to stop the killing on in the United Nations have responded do its dirty work and fire rockets. both sides but in a manner that will by blaming Israel and only Israel. The Israel, a democratic state, chose to exercise ensure that this round will be the last U.N. swung into action, holding four remarkable restraint. round. Security Council meetings in less than Finally, on December 19, Hamas unilaterally I know the U.S. and several other na- 2 weeks, including last night, when it broke the ‘‘calm’’ and began launching scores tions are working on developing such a passed a resolution that did not even of rockets into Israel. plan. Our ally Egypt should be particu- mention rocket attacks against inno- Israel chose to protect its people and de- larly commended for its serious efforts cent Israeli civilians, that did not even fend itself. Hamas and its fellow violent hate-mongers in this regard. mention Hamas and its war crimes, and do not seek a few more square miles of land. What we need is not merely a cease- it called for an immediate cease-fire, They do not seek a Palestinian state. fire but a transformative cease-fire. We not a sustainable cease-fire. They seek to destroy Israel, impose an need to ensure not just that Hamas Sadly, these officials do not recog- Islamist dictatorship in its place, and fight on stops firing rockets into Israel; we need nize that only Israel would consider throughout the world. to make sure that it stops receiving itself bound by such an agreement. Such an outcome is unacceptable to Israel. weapons and weapons parts and that it Hamas would continue to pursue It is unacceptable to the United States. stops smuggling them into the Gaza Israel’s destruction, and such a devil’s It must be unacceptable to all other respon- Strip. We should support Egyptian ef- bargain without holding Hamas and its sible nations—because in a compromise be- forts to prevent this illegal arms trade state sponsors of terror accountable tween good and evil, only evil benefits. from crossing the Sinai toward the will only embolden these Islamic ex- Israel has made every effort to prevent civil- Gaza border. tremists to intensify their destructive ian casualties, and has provided significant Madam Speaker, I commend the agenda. humanitarian assistance to Palestinian civil- Speaker and the bipartisan leadership The desire to stop all violence now is ians. for authoring this important resolu- understandable. We all desire peace. Meanwhile, Hamas has again committed tion. It provides a sensible way of un- We all regret the loss of innocent lives war crimes by placing its militants and weap- derstanding how we got to the current on both sides of the conflict, but as the ons, in or near schools, hospitals, private situation and of how we should move ancient rabbis have stated, those who homes, and other civilian buildings. forward. This is why I support this res- are merciful to the cruel, as the U.N. In the real world, Hamas’s use of civilians olution, and I urge my colleagues to do has been, will end up being cruel to the as human shields would provoke international likewise. merciful, in this case, Israel. condemnation and action to stop this menace. I reserve the balance of my time. The right way forward is not easy; it But how has much of the world reacted? Ms. ROS-LEHTINEN. Madam Speak- is not pleasant, but upon it rests the Too many states, and too many officials at er, I yield myself as much time as I security of the Israelis, of the Palestin- the United Nations, have responded by blam- may consume. ians, of the Americans, and of all free- ing Israel and only Israel. (Ms. ROS-LEHTINEN asked and was dom-loving people. Let us remember that in the months and given permission to revise and extend The following is my full statement for the years before Israel started its defensive oper- her remarks.) RECORD: Madam Speaker, I rise in strong sup- ation on December 27, the U.N. did not make Ms. ROS-LEHTINEN. I rise in strong port of House Resolution 34, recognizing any meaningful effort to stop the relentless at- support of House Resolution 34, recog- Israel’s right to defend itself against attacks tacks by Hamas or diminish the threat posed nizing Israel’s right to defend herself from Gaza and reaffirming the United States’s by its state sponsors. against attacks from Gaza and re- strong support for Israel. But once Israel rose to protect its citizens, affirming the United States’ strong Madam Speaker, the conflict between Israel the U.N. swung into action, holding four Secu- support for Israel. and violent Palestinian extremist groups is not, rity Council meetings in less than two weeks, Madam Speaker, the conflict between to paraphrase former British leader Neville including last night, when it passed a resolu- Israel and violent Palestinian extrem- Chamberlain, a quarrel in a faraway country, tion—that did not even mention rocket attacks ist groups is not, to paraphrase Cham- between people of which we know nothing. against Israeli civilians; that did not even men- berlain, a quarrel in a faraway country On the contrary, this conflict is one part of tion Hamas and its war crimes; and that called between people of which we know noth- a broader struggle that we are all engaged for an immediate ceasefire, not a sustainable ing. This conflict is one part of a in—a struggle between liberty and tyranny; be- ceasefire. broader struggle that we’re all engaged tween democracy and violent Islamist extre- This Security Council resolution and other in, a struggle between liberty and tyr- mism; between those who love life and those developments throughout the U.N. system, re- anny, between democracy and violent who preach death. flect the short-sightedness and bias that per- Islamic extremism, between those who It is a struggle which the United States and vade that body. love life and those who preach death. Israel did not seek, but which we must, none- The so-called President of the U.N. General It is a struggle Israel did not seek theless, fight and win. Assembly called Israel’s behavior a ‘‘mon- but one which she must, nonetheless, On the outcome, rests our freedom, our se- strosity,’’ and the Secretary-General called for fight and win. For 8 years, while Israel curity, and our very existence. an immediate cease-fire.

VerDate Nov 24 2008 01:18 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 7634 Sfmt 9920 E:\CR\FM\K09JA7.005 H09JAPT1 rfrederick on PROD1PC67 with HOUSE January 9, 2009 CONGRESSIONAL RECORD — HOUSE H97 Sadly, they do not recognize: that only Today, we have reaffirmed with this side by side with a secure Palestinian Israel would consider itself bound by such an resolution that Israel, like any nation, state. That can only occur if Hamas agreement; that Hamas would continue to pur- has a right to defend itself when under stops the exploitation of the impover- sue Israel’s destruction; and that such a dev- attack. Protecting the people of our ished people of Gaza for its own pur- il’s bargain without holding Hamas and its country is the first responsibility any poses as it continues its attacks on state-sponsors accountable would only em- of us has, and so has Israel. The rocket Israel. bolden these Islamist extremists to intensify and mortar attacks from Hamas in Again, I thank the chairman of the their destructive agenda. Gaza, which were increasing in fre- committee, Mr. BERMAN, and the rank- The desire to stop all violence now is under- quency and in range, constituted an ing member, Congresswoman ROS- standable. unacceptable security threat to which LEHTINEN, for their leadership in bring- We all desire peace and regret the loss of Israel had a responsibility to respond. ing this resolution to the floor. innocent lives on both sides of the conflict. Certainly, all of us regret the loss of Ms. ROS-LEHTINEN. Madam Speak- But as the ancient rabbis stated, those who life, injury and destruction of property er, I would like to yield 1 minute to the are merciful to the cruel (as the U.N. has of innocent civilians that has occurred gentlewoman from North Carolina, been) will end up being cruel to the merciful on both sides of the conflict. When I Congresswoman VIRGINIA FOXX. (in this case, Israel). spoke with Prime Minister Olmert last Ms. FOXX. The main goal of any If the U.N. wants to regain its credibility, it week, I conveyed the concerns of my democratic nation is to ensure the should advance peace and security by moving constituents and of my colleagues safety and prosperity of its people. to compel Hamas and their state sponsors to: about the loss of life among civilians. As we all know, Israel has com- immediately stop their attacks, shut down their We must do all we can to relieve the menced defensive military actions in militant infrastructure, and recognize Israel’s pain of the innocents and to bring Gaza aimed at disrupting Hamas’ right to exist as a Jewish state. about a real peace that will avoid fur- weaponizing capabilities which are Madam Speaker, we’ve been here before. ther loss of life on both sides. being used to terrorize Israeli civilians. In 2006, the violent extremist group If we are to achieve a real peace, we Unlike the indiscriminate rocket at- Hezbollah kidnapped Israeli soldiers and fired must begin with a cease-fire to the cur- tacks launched by Hamas, Israel’s pre- rockets relentlessly against northern Israel. rent conflict. Hamas must stop the at- cision strikes are a defensive last re- In response, the U.N. Security Council tacks, which is why this resolution sort necessary to protect her people. passed a resolution calling for a ceasefire be- calls for the Bush administration to Considering that since Israel’s 2005 tween Israel and the violent extremist group work toward that end, but a cease-fire withdrawal from Gaza Hamas, with the Hezbollah, which would supposedly strengthen must do more than just end the current help of Iran, has openly fired more the ability of a U.N. force in Lebanon to pre- fighting. It must address some of the than 6,300 rockets and mortars at vent Hezbollah from rearming. root causes of the conflict so we may Israeli population centers with more In the last 21⁄2 years, Israel has held up its attain a peace that is, in the words of than 1,000 of these having been fired end of the deal, while a legitimized Hezbollah this resolution, ‘‘durable and sustain- within the past month, it’s clear that has rapidly re-armed under the U.N.’s nose able.’’ the Israeli Government is taking a and has, along with its state-sponsors Iran Security for Israel and an improve- measured response that any other re- and Syria, increased its control in Lebanon. ment in the lives of the people of Gaza sponsible country would expect to take As a result, U.S. interests in the region have cannot be achieved as long as Hamas in defending its sovereignty. I think been damaged. uses that impoverished land as a that we have to do everything that we If we act the same way this time, we will get launching pad for attacks against possibly can in this country to lend our the same result or worse, and we are running Israelis. The goal of any cease-fire support to Israel in her defense of the out of second chances. Not again, Madam must be more than a return to the sta- people of Israel, and I want to lend my Speaker. tus quo. It must be a positive and support to this resolution. We must support Israel’s right to defend measurable step toward a final, just b 0930 itself by rooting out the Islamist militant infra- resolution of the differences between structure in Gaza and by ending—not reduc- Palestinians and Israelis. Mr. BERMAN. Madam Speaker, I ing, not postponing, but ending—the threat Our goal must be to achieve an agree- yield 1 minute to the chairman of the Hamas poses to Israel’s existence; to regional ment between Palestinians and Israelis European Subcommittee of the House stability; and to global peace and security. that results in a secure, democratic Foreign Affairs Committee, the gen- Then, and only then, Madam Speaker, can Israel, living side by side with a viable tleman from Florida (Mr. WEXLER). a ceasefire work. and independent Palestinian state and Mr. WEXLER. Madam Speaker, I rise Consistent with the Palestinian Anti-Ter- with both sides finding peace and pros- in strong support of this resolution rorism Act, we should also tighten U.S. and perity. The cycle of violence that feeds which expresses Congress’ unwavering international sanctions against Hamas. the fury of despair must be broken. The support for Israel and its unequivocal Additionally, the U.S. and our allies must hard work of negotiation must be done, right to self-defense in the face of an seek to stop Iran and Syria from providing fi- and the difficult but necessary deci- ongoing campaign of terror perpetrated nancial and other support to Hamas and other sions must be made so that such an by Hamas. violent Islamist extremist groups. agreement can be achieved. The world must know that America The right way forward is not easy or pleas- The United States must be an active, stands shoulder-to-shoulder with Israel ant, but upon it rests the security of Israelis, constant and engaged partner in this in its ongoing struggle for security and Palestinians, Americans, and all other peo- conflict. With the new energy and fresh peace. All of us wish to see a stable, se- ples. thinking of the new administration, we cure, and peaceful Middle East, and we With that, Madam Speaker, I reserve pray that an enduring settlement can mourn for the loss of innocent lives. the balance of our time. be reached. But it is unconscionable to expect the Mr. BERMAN. Madam Speaker, I am On days like this, Madam Speaker, Israeli Government or any government very pleased to recognize the chief and with the resolution that we have to sit idly by as deadly rockets rain sponsor and author of this resolution, before us, we are all reminded that for down on its cities. the Speaker of the House, Ms. PELOSI, more than 60 years the commitment of The world must recognize how we for 1 minute. the United States to the security of came upon the deadly circumstances Ms. PELOSI. I thank the gentleman Israel has been a real one. From the that exist in Gaza now. It was Hamas, for yielding. moment in 1947 when President Harry not Israel, that abrogated the so-called I commend him, Mr. BERMAN, the S. Truman took the bold step of recog- truce by firing rockets into Israel. In- Chair of the Foreign Affairs Com- nizing the State of Israel to this very stead of using violence to achieve its mittee, and Congresswoman ILEANA day, America stands shoulder to shoul- destructive goals, Hamas must adhere ROS-LEHTINEN for bringing this resolu- der with our democratic ally in the to the international principles estab- tion before us today. I am pleased to Middle East. lished by the Quartet. join Mr. BOEHNER and Mr. HOYER in co- We want, as I said, a two-state solu- I strongly urge my colleagues to sup- sponsoring it. tion with a Jewish democratic Israel port this resolution and support

VerDate Nov 24 2008 03:45 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JA7.005 H09JAPT1 rfrederick on PROD1PC67 with HOUSE H98 CONGRESSIONAL RECORD — HOUSE January 9, 2009 Israel’s right to self-defense so that we takes one side in a conflict that has nothing to progress that is even now being made can move toward a more peaceful Mid- do with the United States or U.S. interests. I in the West Bank. And in the mean- dle East. But peace comes with am concerned that the weapons currently time, the humanitarian crisis in Gaza strength and resolve; it does not come being used by Israel against the Palestinians has grown to unspeakable proportions, by avoiding the unfortunate cir- in Gaza are made in America and paid for by and millions of innocent Palestinians cumstances that Hamas, not Israel, has American taxpayers. What will adopting this and Israelis are suffering. placed this region in once again. resolution do to the perception of the United I urge my colleagues not only to Ms. ROS-LEHTINEN. Madam Speak- States in the Muslim and Arab world? What make statements of support for Israel er, I would like to yield 2 minutes to kind of blowback might we see from this? but to call for a cease-fire and to press the gentleman from Texas (Mr. PAUL). What moral responsibility do we have for the for peace. (Mr. PAUL asked and was given per- violence in Israel and Gaza after having pro- Ms. ROS-LEHTINEN. Madam Speak- mission to revise and extend his re- vided so much military support to one side? er, I am pleased to yield 3 minutes to marks.) As an opponent of all violence, I am ap- the gentleman from Texas who says, Mr. PAUL. Madam Speaker, I rise in palled by the practice of lobbing homemade ‘‘That’s just the way it is,’’ Judge POE. opposition to this resolution, not be- rockets into Israel from Gaza. I am only grate- Mr. POE of Texas. I thank the cause I am taking sides and picking ful that, because of the primitive nature of gentlelady for yielding. who the bad guys are and who the good these weapons, there have been so few cas- Madam Speaker, Hamas is a rogue guys are, but I’m looking at this more ualties among innocent Israelis. But I am also group of outlaws that hibernate in Pal- from the angle of being a United States appalled by the longstanding Israeli blockade estinian civilian areas of Gaza and fire citizen, an American, and I think reso- of Gaza—a cruel act of war—and the tremen- Iranian missiles into Israel. Israel has lutions like this really do great harm dous loss of life that has resulted from the lat- received hundreds of these missile at- to us. est Israeli attack that started last month. tacks in the last few days, thousands in In many ways what is happening in There are now an estimated 700 dead Pal- the last few years. the Middle East, and in particular with estinians, most of whom are civilians. Many in- Israel has been patient, maybe overly Gaza right now, we have some moral nocent children are among the dead. While patient. Make no mistake about it, responsibility for both sides, because the shooting of rockets into Israel is inexcus- Hamas is the aggressor. So Israel not we provide help in funding for both able, the violent actions of some people in only has the right but moral obligation Arab nations and Israel. And so we Gaza does not justify killing Palestinians on to defend its people by fighting back. definitely have a moral responsibility. this scale. Such collective punishment is im- You see, Hamas is one of the two And especially now today, the weapons moral. At the very least, the U.S. Congress twin tribes of terror that operate in being used to kill so many Palestinians should not be loudly proclaiming its support for the Middle East. The other being are American weapons and American the Israeli government’s actions in Gaza. Hezbollah. These bandits operate in the funds essentially are being used for Madam Speaker, this resolution will do noth- Middle East with the sole purpose to this. ing to reduce the fighting and bloodshed in the kill Israelis. Hamas murders in the But there is a political liability Middle East. The resolution in fact will lead the name of religious hatred for Jews and which I think is something that we fail U.S. to become further involved in this conflict, Israel. Israel defends itself while some to look at because too often there is so promising ‘‘vigorous support and unwavering world leaders criticize Israel for doing much blowback from our intervention commitment to the welfare, security, and sur- so. These world leaders, especially in areas that we shouldn’t be involved vival of Israel as a Jewish and democratic those in the United Nations, are out of in. state.’’ Is it really in the interest of the United touch with the way the world really is. Hamas, if you look at the history, States to guarantee the survival of any foreign The Middle East is in turmoil because you will find that Hamas was encour- country? I believe it would be better to focus of terror groups like Hamas, and they aged and actually started by Israel be- on the security and survival of the United are the aggressor. cause they wanted Hamas to counter- States, the Constitution of which my col- The recent aggression by Hamas is no act Yasir Arafat. You say, Well, yeah, leagues and I swore to defend just this week doubt sponsored by the little fellow it was better then and served its pur- at the beginning of the 111th Congress. I urge from Iran, Mahmoud Ahmadinejad. He pose, but we didn’t want Hamas to do my colleagues to reject this resolution. is the real world threat to peace in the this. Mr. BERMAN. Madam Speaker, I am Middle East. He has openly stated that So then we, as Americans, say, Well, pleased to yield 1 minute to the gentle- Israel must be completely destroyed. we have such a good system; we’re woman from California (Mrs. CAPPS). And eventually, world leaders must going to impose this on the world. Mrs. CAPPS. I thank my colleague deal with this issue. But people cry We’re going to invade Iraq and teach for yielding. ‘‘peace, peace—peace at any price’’, but people how to be democrats. We want Madam Speaker, I will vote for this there can be no peace as long as Hamas free elections. So we encouraged the resolution today, but I’m disappointed continues to murder Israelis. Palestinians to have a free election. that we are doing, once again, what Israel is our ally. The United States They do, and they elect Hamas. we’ve done so often. Of course we all should stand by its allies. Israel is de- So we first, indirectly and directly condemn Hamas and support Israel, but fending its people. It is obligated to do through Israel, helped establish Hamas. we should be saying and doing so much so, and I commend them for rep- Then we have an election where Hamas more. I applaud the statements of the resenting and defending their people. becomes dominant then we have to kill chairman and of our Speaker, and I And that’s just the way it is. them. It just doesn’t make sense. wish they were part of the resolution. Mr. BERMAN. Madam Speaker, I am During the 1980s, we were allied with We must call for greater U.S. engage- pleased to yield 1 minute to the Osama bin Laden and we were con- ment to achieve a durable cease-fire gentlelady from California (Ms. HAR- tending with the Soviets. It was at that and to restart the Israel-Palestinian MAN), who is very active on these time our CIA thought it was good if we peace process. We all know the Israeli- issues. radicalize the Muslim world. So we fi- Palestinian conflict will never be set- Ms. HARMAN. I thank the gentleman nance the Madrassas school to tled militarily. My fear is that this ac- for yielding and commend him on radicalize the Muslims in order to com- tion by Israel, justified as it is and pro- bringing up this resolution so prompt- pete with the Soviets. voked by Hamas, will not enhance ly. There is too much blowback. There Israel’s security but only further en- Madam Speaker, I’ve seen Israel up are a lot of reasons why we should op- danger it. close and personal on almost two dozen pose this resolution. It’s not in the in- Achieving peace in the Middle East is trips. I’ve seen thousands of spent mis- terest of the United States, it is not in in Israel’s best interest, and it is in siles stockpiled in Sderot, witnessed the interest of Israel either. America’s best interest; but the vio- destruction of homes and buildings, I strongly oppose H. Res. 34, which was lence that now permeates Gaza only and know a government official from rushed to the floor with almost no prior notice puts off the serious and difficult work Israel who was seriously wounded. I and without consideration by the House For- of diplomacy that is a predicate to have also spent time on Israel’s border eign Affairs Committee. The resolution clearly peace, and it obscures the remarkable with Lebanon, including a trip there

VerDate Nov 24 2008 01:18 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.007 H09JAPT1 rfrederick on PROD1PC67 with HOUSE January 9, 2009 CONGRESSIONAL RECORD — HOUSE H99 during the 2006 Hezbollah war while they told their children they were In order to end the violence in Gaza, rockets flew overhead. going to leave because they needed to Hamas needs to recognize Israel’s right Israel, indeed any country, has a be sure that Israel had every chance to exist and renounce terror. As the right to defend herself from attack. imaginable for peace so they could only true democracy in the Middle The U.S. must stand by our only demo- leave in peace. East, the 111th Congress recognizes cratic ally in the Middle East. Hamas’ I actually cannot imagine what those Israel’s struggle to protect its people, ability to strike Israeli cities is con- parents are going through now. Three- maintain peace with its neighbors, and tinuing evidence that it has been re- and-a-half years later they’ve settled defend the freedoms of a democratic so- ceiving illicit arms for use against in the area of Sderot, and life could not ciety. Israel—no doubt with the complicity of be any more frightening for them or I encourage all of my colleagues to its sponsors in Iran. their children. support this resolution. However, Israelis are not the only When they moved out of the Gaza Ms. ROS-LEHTINEN. Madam Speak- victims. The Palestinian people in Strip, they joined the group of citizens er, at this time, I would like to yield 3 Gaza and the West Bank have paid a of Israel who have to live by the 15-sec- minutes to the gentleman from Cali- huge price, too. They have been held ond rule. They have to know, their fornia (Mr. ROYCE), a senior member of hostage by the Hamas leadership since children have to know, where a safe the Committee on Foreign Affairs. its 2006 coup against the Palestinian spot is within 15 seconds of a siren Mr. ROYCE. I thank the gentlelady. authority. And they are being used as going off. That’s the unimaginable fear I would just like to quote for a human shields. that they live in day in and day out. minute from Hamas. They say Allah is That said, Israel’s effort must mini- Even when these people take vacation the goal, the Prophet its model, the mize civilian casualties and maximize and leave Israel, their children, imme- Quran its constitution, jihad its path, Red Cross access. Measures to permit diately upon arriving at their destina- and death for the cause of Allah its humanitarian aid must be sustained. tion, ask the question, Where is the most sublime belief. Now, that is the The SPEAKER pro tempore. The safe place? Where do I need to run and charter; that is the opening of the time of the gentlewoman has expired. hide from the rockets? charter for Hamas itself. These are the Mr. BERMAN. Madam Speaker, I That’s the mentality. That’s the cul- words that drive these ideological yield the gentlelady an additional 10 ture that has bred because of the inces- jihadists. And it’s an offshoot of the seconds. sant, tireless firing of rockets by Muslim Brotherhood, which was the Ms. HARMAN. As this resolution Hamas aimed at civilians. Egyptian group whose ideology actu- states, our President must work ac- Madam Speaker, that is the issue. ally spawned al Qaeda. So Hamas, in tively to support a durable, enforce- Israel has a foe on many of its borders, this case, as we know, wants to replace able, and sustainable cease-fire, pro- certainly to the south, that is deter- Israel and wants to replace it with an mote a two-state solution, and encour- mined to kill its civilians. I don’t think Islamic state. age and strengthen moderate Pales- any of us would want any of our popu- Now, Israel withdrew its soldiers and tinian voices. lation in this country to be subjected all of its settlers from Gaza in 2005, and This House is doing its part today. to that type of terror, nor would we sit in return Hamas came to power in the Following Senate action yesterday, we here and allow it. That’s why Israel has Gaza Strip. Over 6,000 rockets have signal bipartisan, bicameral support taken the action that it has. been fired into southern Israel, leaving for this effort. b 0945 a quarter of a million Israelis just sec- Ms. ROS-LEHTINEN. Madam Speak- After trying to stop the rockets onds away from a rocket attack. And I er, I am so pleased to yield 5 minutes through third-party negotiations, wonder how Americans would feel if to the gentleman from Virginia (Mr. cease-fires, and even lodging com- citizens in San Diego or in Buffalo had CANTOR), our distinguished Republican plaints at the United Nations, Israel a matter of 20 seconds to rush to a whip. has taken defensive action. And today, bomb shelter. Mr. CANTOR. I thank the gentlelady. we speak as one body in support of our I had an opportunity in August, a Madam Speaker, colleagues, I don’t democratic ally, Israel. We stand up to year and a half ago, back when rockets think there is any of us who would reaffirm the vibrant relationship that like these were being fired into Haifa, doubt a nation’s right to defend its our two countries share, a relationship to see the results of that targeting of citizens and to defend its population. underpinned by shared values like re- civilian neighbors. And I was in That’s why I rise in support of this res- spect for human life, democracy, and a Rambam Hospital, and indeed on that olution. I thank the sponsors, the gen- relationship strengthened by our indis- very day there were attacks on the tleman from California, the gentlelady pensable strategic interests. city; 80,000 ball bearings in each one of from Florida, for bringing this forward. Mr. BERMAN. I am pleased to yield 1 these rockets designed to inflict max- At this time it is very, very impor- minute to the chairman of the Demo- imum casualties on the civilians, and tant for us in the United States to cratic Caucus, the gentleman from this is what Israel faces. And of course stand tall in defense of our democratic South Carolina (Mr. CLYBURN). Israel has been harshly criticized for allies, Israel’s right to defend its bor- (Mr. CLYBURN asked and was given its so-called disproportionate response. ders, to defend its people. permission to revise and extend his re- But what is proportional? Should Israel I stand here in support of Israel be- marks.) fire 6,000 rockets into Gaza indiscrimi- cause I have been there. I’ve seen Mr. CLYBURN. I appreciate the gen- nately? Israel would not do that. On Sderot. One of the most memorable vis- tleman yielding me the time. the contrary, it seems as though Israel its to Israel that I’ve been on, I visited Madam Speaker, I rise in strong sup- has gone out of its way to even contact with a family, a family that lived in a port as an original cosponsor of H. Res. noncombatants who live next to the town called Gush Katif. It was a town 34, which recognizes Israel’s right to rocket launchers in advance to warn in the southern portion of the Gaza defend itself against attacks from them of approaching danger. Strip. I visited with them almost 31⁄2 Hamas terrorists in Gaza and reaffirms Hamas has been deliberate in the lo- years ago when it was just after the United States’ strong support for cating of its security forces in residen- Israel’s unilateral pullout of the Gaza Israel. tial neighborhoods. They put these Strip. Since Israel unilaterally withdrew rocket launchers in areas that are in- This family had two children, par- from Gaza in 2005, the Hamas terrorist tended both to deter Israel from at- ents—professional parents—who had organization has launched thousands of tacking in the first place, as well as to just gone through the wrenching proc- missile attacks against Israeli civilian turn world opinion against the demo- ess of uprooting their family, leaving targets. cratic state when it does try to silence their home, in hopes of a better life. I mourn the loss of life on both sides with counter-battery fire these rock- The parents said to me one of the most of this conflict, including the innocent ets. difficult jobs was to explain to their Palestinians who have cynically and Madam Speaker, no one wants to see children why they needed to leave their deliberately been used by Hamas ter- human suffering. I would like to see life and their home. These parents said rorists as human shields. this come to an end. And the longer

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More number a Gandhi, a Mandela, a Martin don’t mean the Palestinian people or delays in terms of taking out Hamas Luther King, Jr., who said the way to the Israeli people, but the people need only work in favor of the Islamic state solve this problem is not through ter- on both sides of the line, but which over in Iran at this point, and they are ror and violence, but the way to solve Hamas, Hezbollah, Islamic Jihad and helping provide the rockets. this problem is through reason and an other such terrorist groups have re- Mr. BERMAN. Madam Speaker, I am appeal to moral suasion in the world fused for decades now to take place, a pleased to yield 1 minute to the major- community. How tragic it is that the peace in which the Palestinian and ity leader for the House of Representa- Palestinian children and the Israeli Israeli people can live in their own tives, the gentleman from Maryland children and their families—men, states side by side. That is our objec- (Mr. HOYER). women, older people—on both sides tive, that is the objective of this reso- (Mr. HOYER asked and was given have been subjected to the terror sold lution. Let us stand with Israel’s right permission to revise and extend his re- by Hamas, Hezbollah and other ter- to defend itself and its people and de- marks.) rorist organizations. But the reality feat terror. Mr. HOYER. I thank the gentleman exists today that Hamas is in control Ms. ROS-LEHTINEN. Madam Speak- from California and I thank the and is threatening, and that is the dan- er, I am proud to yield 2 minutes to the gentlelady from Florida for bringing ger that Israel nor any nation could en- gentleman from Indiana (Mr. PENCE), this resolution to the floor. dure. our distinguished Republican Con- Today the House will stand in sup- As Secretary Rice said last week, and ference chairman. port of Israel as it faces enemies bent I quote, ‘‘Hamas has held the people of (Mr. PENCE asked and was given per- on its destruction. Gaza hostage ever since their illegal mission to revise and extend his re- For 8 years, Hamas, aided by Iran and coup against the legitimate President marks.) Mr. PENCE. Madam Speaker, for a others, has sent deadly rockets and of the Palestinian people.’’ To the millennia, Israel was a dream; in 1948, mortars into Israel; so many have al- Hamas terrorists, the ordinary people it became a reality. But in recent days, ready talked about that. In 2005, Israel of Gaza are not fellow citizens, but all the periphery of Gaza has become a dismantled its settlements and with- too often propaganda props. drew its military from Gaza, and still As reporter Jeffrey Goldberg writes, nightmare for Israeli men, women and children. the rockets came, more than 6,000, as and I quote, ‘‘Hamas terrorists I rise today in strong support of H. has been related, since Israel’s with- unblinkingly and ostentatiously use drawal. Res. 34, a bipartisan measure which their own civilians as human shields. I recognizes Israel’s right to defend itself I was in Israel on August 15 of 2005 have seen this up close, and it’s repul- with a delegation, a meeting with Ariel against attacks from Gaza and reaf- sive.’’ firms the United States’ strong support Sharon. It was a courageous act that For Hamas, the lives of Palestinians for our partner. the Israelis took; it was a controversial are valued as cheaply as the lives of act that the Israelis took. It took great Israelis. How sad it is for both those b 1000 political courage to do what the people. Having exhausted diplomatic Time is of the essence. This very Israelis did. And there were many citi- options and confronted with an enemy morning Hamas continues to fire rock- zens in that democracy that dem- sworn to its destruction, Israel has ets into Israel despite the United Na- onstrated against that action because been given no choice but to take mili- tions cease-fire resolution passed last they feared what would happen is what tary action in order to relieve the night. Israel has a right and Israel has is happening now. Each one of them, threat against its people. a duty to defend her people against the the rockets that have been sent, those How sad it is, my fellow colleagues, attacks of a terrorist group that vic- 6,000—intended to kill the maximum that the international community re- timizes the people of Gaza and Israelis number of civilians and falling indis- sponds strongly today, but has failed to on her borders. In the face of those evil criminately on southern Israel cities respond strongly to the decades of ter- acts no nation could tolerate, I com- and towns—was a war crime by any rorism visited on Israel—and yes, vis- mend Israel for working to minimize definition. Mr. ROYCE spoke of that, as ited on the United States—by those civilian casualties. to what our response would be if Mex- who employ terror and destruction and But in these dire circumstances, ico or Canada—which obviously has not murder against innocence. America must stand with Israel. We done so nor would they—but if they did By offering this resolution, we recog- must show the resolve of our relation- that, what our own citizens would de- nize Israel’s right to act in self-defense ship as peaceful democracies, and we mand of us. Mexico would not exist, as we claim for ourselves and for every must show the resolve of a relationship nor would Canada, quite simply put. nation of the world—that same right borne of the intimate and deepest held We would not tolerate, and no amount claimed by America and any other sov- values of both of our people, for the of criticism leveled on us would in any ereign nation when faced with a simi- history of Israel is a history of strug- way modify our response. lar threat. gle. The harm of these missiles is undeni- We urge both sides to protect the Over 60 years ago, the State of Israel, able, I’ve seen it firsthand. When I lives of civilians. I believe the Israelis under the leadership of a small band of traveled to the southern Israel town of are trying to do that, and they have al- courageous Zionists, declared inde- Sderot, I met families whose children ways tried to do that. It is demon- pendence in its ancient homeland. It had lost the ability to speak, who no strably true that that is not true of was promptly recognized by the United longer had control of their bodily func- Hamas or Hezbollah or other similar States, and it was promptly attacked tions. That is the profound and ever- terrorist organizations. by its Arab neighbors. The more things present fear that covers much of Israel We urge the administration to work change, the more they seem to stay the today. towards a durable—and that is the op- same. Let us be quick to intone, however, erative word, ‘‘a durable,’’ not a tem- Israel prevailed against the long odds our sympathy for the children and for porary cessation, not a 5-minute or 5- then, again in 1967 and in 1973 and the families of the Palestinians living day or even 5-month cessation from countless other times, and Israel will in Gaza. Let us not forget that the terror—but a durable, sustained ces- prevail again today; but she will not do problem with these conflicts is that it sation of the terror, a durable cease- so alone. is the innocent who suffer the most. fire that puts an end to the fighting We and all the freedom-loving na- How tragic it is, I believe, that for over and to its cause—Hamas’ ability to tions of the world must stand with six decades the Palestinian people have threaten Israel and to produce the Israel and condemn the violence that’s been led by those who rationalize the weapons of terror. been perpetrated against her people. use of terror and rationalize the Only when Israel’s enemies forswear We cannot stand idly by while a gath- premise of the destruction of Israel, es- violence and recognize Israel’s right to ering menace grows in the region and a

VerDate Nov 24 2008 01:18 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.011 H09JAPT1 rfrederick on PROD1PC67 with HOUSE January 9, 2009 CONGRESSIONAL RECORD — HOUSE H101 menace perpetrates such acts of evil fairs Committee for yielding me the would submit that the resolution, against our cherished allies. time and certainly respect his work on which this Congress will vote on, is in We must come together to rededicate this resolution. We have talked about incomplete, that it doesn’t sufficiently ourselves to the preservation and pro- this issue numerous times over our ca- take sufficiently take notice of the tection of Israel as a Jewish state and reers in this body. Arms Exports Control Act, which the of Jerusalem as her eternal capital, Madam Speaker, I am saddened by United States is governed by in terms and I commend all of my colleagues for the recent escalation and fighting over of its transmittal of arms to Israel, nor bringing this timely resolution to the the past few weeks in the Middle East. does it take notice of the humanitarian floor. I condemn the Hamas attacks and re- conditions sufficiently, nor establish a Mr. BERMAN. Madam Speaker, for a cent air strikes in southern Lebanon true path towards peace. And for that unanimous consent request, I yield to into Israel. My hope is that all sides reason, I will oppose this resolution. the gentleman from Rhode Island (Mr. can take a step back, deescalate the Israel is an established democracy KENNEDY). fighting, and work together to renew and a firm U.S. ally. It’s also signed (Mr. KENNEDY asked and was given the cease-fire agreement that expired agreements governing the use of U.S. permission to revise and extend his re- on December 19. At the same time, hu- military assistance. The Arms Export marks.) manitarian aid and assistance should Control Act of 1976, which governs Mr. KENNEDY. Madam Speaker, I be allowed to reach those in the region shipments of weapons from United rise in support of Israel’s right to de- that need it the most, particularly ci- States to foreign nations, requires that fend its citizens from the terrorism and vilian victims of the conflict. each Nation receiving a shipment of extremism of Hamas. Military action alone is not going to arms from the United States must cer- Our government has a responsibility to be a solution to the problems in the tify that the weapons are used solely, stand in solidarity with Israel as it endures a Middle East; we all know that. Work- solely for defensive purposes, not in- difficult moment in its history. ing towards a lasting, peaceful solution crease the escalation of conflict, nor Imagine if an American town or city was hit to these conflicts by addressing the prejudice the development of peace by a barrage of rocket and mortar attacks? root causes is in the best interests of agreements. And I think in each case, How would we respond? How would we the United States. the Israeli use of arms given by the react? The current fighting is not in the U.S. has failed that test. Just as America would not tolerate violence best interests of the United States. Israel has had Gaza under a pun- against its people, Israel should not have Only the extremists on both sides are ishing blockade. A blockade is in itself an act of war, at which time Israel has stand idly by and watch while rockets rain the winners. Those moderates in the had complete control of access to Gaza. down on its citizens. middle, both in Israel and on the Pales- The Israeli government even made a Israel has correctly taken steps that will en- tinian side, are the real losers in the truce with Hamas in bad faith, because sure that terrorism against its nation will be current fighting. at the same time it was making the punished with the hope that one day its nation Make no mistake about it. This cam- truce, it was preparing to attack Gaza, can live in peace. paign was planned some time ago, not to pursue its policy of regime change, Fifteen Israelis have lost their lives since the just at the expiration of the cease-fire an all-out attack on Hamas to oust beginning of Hamas’s rocket and mortar at- in December. Recent events in Israel Hamas, without any regard to the law tacks in late December. show that the prime minister election While I deplore the cowardly attacks from and to the consequences to the civilian coming up in February certainly have Hamas against the Israeli people, I am aware population of Gaza. been a major factor in these air of the suffering of Palestinian people living in The people of Gaza have no army, no strikes, witnessing meteoric rise of De- the Gaza Strip. navy, no air force. Israel using F–16 fense Minister Ehud Barak from almost Since the conflict began, hundreds of Pal- jets and Apache helicopters acquired nothing in the polls to now leading for estinians civilians have lost their lives. from the United States is engaged in a But make no mistake about it, this conflict prime minister of Israel. military offensive inside Gaza, esca- was created by Hamas’s unwavering commit- So make no mistake about it, there lating the conflict in Gaza, and ment to violence against both Israelis and Pal- are a variety of factors on all sides prejudicing the development of peace estinians. that come into play. There’s no polit- agreements, contrary to the letter of Since coming to power in 2006, Hamas has ical will on the Palestinian side. the stated policies and purposes of U.S. done nothing but terrorize Israelis and intimi- There’s no political side on the Israeli military assistance to Israel. date the Palestinian people with its iron-fist side to reach a real agreement in ad- Now, we know from news reports that militancy. dressing the root causes. the United Nations gave the Israeli This terrorist organization openly recruits This resolution, while there’s noth- Army the coordinates of U.N. schools suicide bombers to launch attacks in Israel but ing in that it can be denied, is not in and that schools have been hit by in Arab nations as well. my opinion in the best interests of re- Israeli tank fire, killing dozens. The Just last week, a female suicide bomber solving this conflict. We applaud what U.N. put flags on emergency vehicles killed over 100 innocent Iraqi Muslims without happened in the United Nations last and coordinated the movements with causing the slightest outcry from Hamas. night, but we know that what happens the Israeli military, and those vehicles In Gaza, where Hamas has ruled for several in the United Nations is far different came under attack, killing at least one years, Palestinians are without decent than what happens on the ground in emergency worker. schools, affordable healthcare and any sem- the region. The Israeli Army evacuated 100 Pal- blance of a bright economic future. We urge the Egyptians, along with estinians to a house, and then bombed This is because Hamas’s mission is not to the Palestinian Authority, to reach an the house, killing 30 people. They don’t lift up Palestinians, it is to inflame passions agreement in Cairo, as they are negoti- have bomb shelters in Gaza. Emer- and stir hatred against the State of Israel. ating as we speak between Israel and gency workers have been blocked by Hamas represents a great threat to inter- Hamas, so that we can start addressing the Israeli Army from reaching hun- national peace and to the stability of Israel the smuggling of arms and the root dreds of injured persons. Today’s Wash- and will continue to do so as long as it re- causes of the conflict in the region. ington Post headline documents that. mains a significant force in the Middle East. Mr. BERMAN. Madam Speaker, I’m We all want peace, but we’re not For too long Hamas has terrorized both pleased to yield 4 minutes to the gen- going to get peace until we recognize Israelis and Palestinians alike. It falsely be- tleman from Ohio (Mr. KUCINICH). that there are two parties to this dis- lieves that it can use terrorism and intimidation Mr. KUCINICH. I thank the gen- pute and that we have to also review to bully Israelis to the bargaining table. tleman. Israel’s conduct as well. That path to Mr. BERMAN. Madam Speaker, I’m I support Israel’s security and its peace has to begin with stopping the pleased to yield 2 minutes to the gen- right to exist in peace, without the fear war, having a cease-fire, constructing a tleman from West Virginia (Mr. RA- of rocket attacks from Hamas. And I truce, ending the blockade, getting hu- HALL). abhor the violence which has been vis- manitarian assistance through to all Mr. RAHALL. I thank the distin- ited upon the people of Israel who are the people, rebuilding the infrastruc- guished chairman of the Foreign Af- subject to such attacks. However, I ture of the Palestinians, rebuilding

VerDate Nov 24 2008 01:18 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.013 H09JAPT1 rfrederick on PROD1PC67 with HOUSE H102 CONGRESSIONAL RECORD — HOUSE January 9, 2009 their economic possibilities, bringing dened by the bloodshed and the carnage hide among and behind non-combatants— Hamas and Israel together for talks, that is going on and the loss of inno- women, and children—makes their actions using that as the basis to the path for cent lives in Gaza, people being killed even more despicable. peace in the Middle East. and bodies of children being torn apart, An honest assessment leads to the conclu- This resolution is, therefore, incom- we see this horror story. But let us sion that Hamas doesn’t want peace with plete and I will oppose it, but I urge note and we don’t have to be reminded Israel and has no desire for a two state solu- this Congress to take these concerns up that, yes, this is a fight and Israeli tion. Hamas wants a war that will destroy again next week so that we can address planes are dropping those bombs. But if Israel. This commitment is the real cause of the humanitarian issue and, by doing we are serious about ending this trag- the current bloodshed in Gaza. Once Israel so, open up the possibility of this Con- edy, we must be brutally honest and left Gaza, Hamas should have used its re- gress playing a more constructive role not give in to ignoring the hard truths sources, their money, our money, on health in helping to achieve peace in the re- which our allies overseas seem to be care, education, roads and economic develop- gion by reaching out to all the parties, doing. ment in Gaza. Instead they have chosen notwithstanding the devastating con- In this case, the hard truth is the death and destruction. flict that has been visited on both real blame for this carnage is not Recently China’s representative to the U.N. sides. Israel. It can be traced back to Hamas, Security Council voiced concern about, ‘‘large- Ms. ROS-LEHTINEN. Madam Speak- to radical Islamists and those who sup- scale Israeli air attacks against Gaza.’’ Now, er, I am pleased to yield 30 seconds to plied them their rockets and their that takes chutzpah! According to a January the gentleman from Colorado (Mr. weapons. The radical Islamists who 1st report in the Jerusalem Post, many of the rockets fired into Israel ‘‘were manufactured in LAMBORN). ruthlessly and without remorse did China. These Chinese rockets were smuggled Mr. LAMBORN. Madam Speaker, what they knew would bring retalia- into Gaza after the Sinai border wall was Israel has a responsibility to protect tion and slaughter on their own people, blown up by Hamas in January.’’ Making mat- its citizens. Hamas has blatantly ig- they are the ones to blame. The hatred ters worse the State Department and the nored any cease-fire agreements by as- in their hearts, the hatred of Israel, the White House hasn’t mentioned a word about sailing Israel with thousands of rocket irreconcilable hatred of those people the China connection to the turmoil in Gaza, and mortar attacks during the last 8 obviously outweighs the commitment just as they’re mum about Chinese complicity years, nearly half during this last year, to the safety of their own women and in crimes elsewhere. including the 6-month so-called cease- children in Gaza. They are the ones Yes, the bloodshed is horrible, and yes, fire. who are to blame for the carnage that Israel is doing what any other sovereign nation Israel has the right to defend its peo- is going on right now, and we should would do. It is protecting its people by retalia- ple from terrorist attacks and is only not hesitate to condemn that if we tion when attacked. Those who shoot rockets taking the actions currently taken in really want to bring a peace in the into Israel know there will be retaliation, thus direct response to Hamas policy. Middle East. they are the responsible party for the blood- Madam Speaker, I support this reso- Yes, bloodshed is horrible, and yes, shed we are now witnessing. It’s the hard truth lution, H. Res. 34, and I urge its adop- we must also recognize that Israel is we can’t ignore if we are to someday end this tion. doing no more in this case than what terrible heart-wrenching violence. Mr. BERMAN. Madam Speaker, I’m any sovereign nation would do if they Humanitarians do the cause of peace no pleased to yield 1 minute to the chair- were attacked. By protecting its own favor by blaming Israel for retaliating, instead man of the subcommittee that covers people from attack, this retaliation of fixing responsibility on those who initiated the jurisdiction of terrorism and arms which has caused this loss of life in the violence by attacking Israel. and human rights, the gentleman from Gaza, we must recognize the real vil- Mr. BERMAN. Madam Speaker, at California (Mr. SHERMAN). lains in this story are not the Israelis. this time, I would like to ask unani- Mr. SHERMAN. Hamas claims to be The Israelis are open to peace. The real mous consent that there be an addi- beleaguered, but it has rejected the villains are those people who have ig- tional 6 minutes of debate on the reso- U.N. Security Council cease-fire resolu- nored the opportunities for peace and, lution under consideration and that it tion passed last night. Hamas has done instead, shoot rockets into Israel, be equally divided between both sides. everything it can to increase civilian knowing there will be retaliation. The SPEAKER pro tempore (Mrs. casualties, including the use of human Today we are saddened by the loss of inno- TAUSCHER). Is there objection to the re- shields. Yet even U.N. estimates say cent lives in Gaza; people being killed and quest of the gentleman from Cali- that over two-thirds of the Palestinian wounded, bodies of children torn apart, all of fornia? casualties have been gun-toting mili- this is a horror story. If we are serious about There was no objection. tants, and, other estimates put that ending this tragedy we must be brutally hon- b 1015 number at over three-quarters. est, and not give in to ignoring hard truths. In Mr. BERMAN. Madam Speaker, could When Hamas launches rockets from a this case the hard truth is that the real blame I inquire about the time remaining on neighborhood, an Israeli sergeant has for this carnage in Gaza is traced to actions seconds to decide whether to return each side? taken by Hamas, radical Islamists, and those The SPEAKER pro tempore. The gen- fire, and there’s always a pundit to who supply them with rockets and other weap- tleman from California has 71⁄4 minutes vilify that decision. But moral culpa- ons. and the gentlewoman from Florida has bility for civilian casualties does not There was a tremendous opportunity for 3 minutes. lie at the feet of sergeants. Moral cul- peace when Israel withdrew its troops from Mr. BERMAN. Thank you, Madam pability for the horrors of war lies with Gaza in 2005. Instead of moving forward and Speaker. politicians who seek extreme and un- building a Palestinian homeland, I am pleased to yield 1 minute to the just ends, through violent means. irreconcilables have launched nearly 7,000 gentleman from New York, the chair- While Israel seeks to live in peace rockets and mortar rounds into Israel since man of the Western Hemisphere Sub- alongside a Palestinian state, Hamas Israeli troops left. committee, Mr. ENGEL. seeks to kill or expel every Jew from The hate-filled radicals who launched mis- Mr. ENGEL. I thank the gentleman. the Middle East. Hamas proudly waves siles into Israel—Hamas triggermen, not Israeli Madam Speaker, I rise in support of the banner of genocide and ethnic pilots—are the ones who are really respon- the resolution. I support the right of cleansing. sible for the horrible mayhem we are wit- democratic Israel to defend itself Vote for the Resolution. nessing in Gaza. against terrorism by Hamas. Ms. ROS-LEHTINEN. Madam Speak- The radical Islamists ruthlessly and without We know that missiles have been er, I would like to yield 11⁄2 minutes to any remorse did what they knew would bring raining down on Israel, more than 7,000 the gentleman from California (Mr. retaliation and result in the slaughter of their in the past few years, and that the Pal- ROHRABACHER), a senior member of the own people. The hatred of Israel in the hearts estinians, Hamas, are using its people Foreign Affairs Committee. of these Hamas radicals clearly outweighs as human shields. We say to Hamas Mr. ROHRABACHER. I rise in sup- their commitment to the safety and well being you will not be allowed to use ter- port of this motion, and let us note of their own people. That’s a hard fact. And rorism as a negotiating tool. The hy- that those of us who are seriously sad- that after shooting rockets into Israel, they pocrisy of the negotiating community

VerDate Nov 24 2008 01:18 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.014 H09JAPT1 rfrederick on PROD1PC67 with HOUSE January 9, 2009 CONGRESSIONAL RECORD — HOUSE H103 and the U.N. and demonstrators around those who love life and those who nancial and political cost. One year later Israel the world, we say to those people, you preach death. We did not seek this went to war with Hezbollah, despite the Israeli will not hold Israel to a different struggle, but we must win it. Army’s complete disengagement from South- standard than any other country when As we stand at this important day in ern Lebanon six years earlier. it comes to protecting the safety of its our living history, let us remember the The Israeli people face a grim reality that citizens. consequences of inaction in the face of Hamas and Hezbollah seek their destruction To those who say that Israel is using evil. For many years, responsible na- despite Israel’s overtures of peace and tran- disproportionate force, is it dispropor- tions turned the other way, refused to quility. Although that does not mean Israel will tionate to want to protect your citi- accept the reality of what Israel was not continue to take risks for peace, it is im- zens from terrorist attacks? We want subjected to. perative that Israel and the United States con- to see two states, a Palestinian state But no responsible nation could tinue to take all measures necessary to fight and an Israeli state, living side by side, stand by and allow such attacks to these terrorists and safeguard Israel’s security. a Jewish-Israeli state, an Arab-Pales- continue, allow thousands and hun- Mr. BERMAN. Madam Speaker, I am tinian state. We want to see that. dreds of its people to continue to live pleased to yield 1 minute to the Hamas does not, Israel does. in constant fear of being murdered at gentlelady from Nevada (Ms. BERKLEY). Ms. BERKLEY. I thank the gen- There are three things that Hamas any moment. No responsible nation tleman from California for yielding. needs to do before it is a player in the could defer its security of its people to Madam Speaker, I rise today in international community. It needs to entrenched bureaucrats, the European strong support for this resolution and recognize the right of Israel to exist. It Union, the United Nations, who con- for Israel’s right to defend itself. No needs to abide by previous agreements stantly chastise Israel for taking all nation could be expected to stand idly signed by the Palestinians, and it needs necessary actions to protect her own by as its citizens are bombarded by to reject terrorism as a negotiating people. missiles launched 20, 30, 40 times a day tool. Despite the U.N.’s rhetoric, there is by a terrorist organization on its or- There is strong and bipartisan sup- no moral or legal equivalent between ders. port in this Congress for the demo- militant Islamic extremists who target These daily attacks have caused cratic State of Israel, and we stand by civilians and a democracy that re- death and inflicted enormous physical Israel when it has tried to defend its sponds by targeting them. This false and emotional damage on the people of citizens from being attacked by ter- moral equivalence only persuades mili- Israel. Their government, the Israeli rorism. That is why we have bipartisan tants to persist in the unlawful action government, has shown extraordinary support, and that is why the United against civilians. restraint in not retaliating until now. States will always stand with the So, Madam Speaker, I hope that the For those of my colleagues who ex- democratic nation of Israel, the only House will carefully consider this reso- pressed concern or outrage for Israel’s democracy in the Middle East. lution, will look at the actual language actions, where was their concern and Ms. ROS-LEHTINEN. Madam Speak- of the United Nations’ resolution that outrage when Israeli children were er, I would like to yield myself such points no finger at Hamas and its vio- killed by indiscriminate Hamas rock- time as I may consume. lent action and only points its finger at ets? Where is their outrage when Israel Madam Speaker, I would like to the democratic State of Israel. It’s an asked Egypt to close the tunnels to make five simple points that get to the unbalanced resolution. The United stem the flow of weapons coming from heart of what is happening right now. States was correct in not voting in Egypt to the Gaza? Where is their out- First, Israel is a democratic Jewish favor of it. rage then? state that respects human rights and Israel must not abide by it. We all Hamas is all too happy to fire their desires peace with its neighbors, inno- want peace, but Israel wants peace missiles from schools and mosques and cent civilians, innocent Palestinians with security as well. houses, putting their own families at included. The jihadists in Gaza con- With that, Madam Speaker, I yield risk in order to maximize civilian cas- tinue to terrify thousands of innocent back the balance of our time. ualties. Their own leaders cynically Israelis with their attack, while Israel Mr. BERMAN. Madam Speaker, for embrace a culture of death, not only continues to facilitate the transfer of the purpose of making a unanimous for Israel, but their own people. humanitarian aid into Gaza. consent request, I am pleased to yield I urge support for this resolution. We Second, Hamas is a hate filled, vio- to the chairman of the Energy and should be standing by the only democ- lent, Islamic militant group that is Commerce Committee, Mr. WAXMAN. racy in the Middle East, Israel. Mr. BERMAN. Madam Speaker, I am backed by Iran and Syria regimes and (Mr. WAXMAN asked and was given pleased to yield 1 minute to the seeks Israel’s destruction. permission to revise and extend his re- gentlelady from California, Mrs. SUSAN Third, like any sovereign nation, marks.) DAVIS. Mr. WAXMAN. Madam Speaker, I Israel has the right to defend herself, Mrs. DAVIS of California. Madam her existence and to protect her citi- thank the gentleman for yielding. Speaker, I rise today in support of zens from attack, whether by Hamas or Madam Speaker, I rise in strong support of Israel’s right to self-defense and a Hezbollah or other radical Islamists. H. Res. 34, a resolution that expresses soli- broader U.S. diplomatic role in the I have been to Sderot, and I have darity with Israel in its efforts to defend itself Middle East. The Israeli government watched as air raid warnings forced the from Hamas. The resolution also calls on the has a right and a responsibility to de- entire population, including children, President to work for a durable and sustain- fend Israeli citizens, and we have an to hide from an incoming attack. able ceasefire, stresses the need to address obligation to support our ally in times Fourth, the actions and aims of vio- the humanitarian situation in Gaza and em- of crisis. lent Islamist extremists and their state phasizes the importance of protecting innocent But this body also has an obligation sponsors is not just a threat to the civilians to the maximum extent possible. to advance the dialogue beyond the Middle East peace and security, but to The Hamas leadership has held the Pales- conflict of today toward how we can global peace and security. Today it’s tinian people hostage to its terrorist aspira- achieve a stable peace in the future. Hamas, tomorrow Hezbollah, the tions. Peace negotiations have been stalled by This conflict shows that the United Taliban, al Qaeda, and so on. its bloody coup against Fatah and Gaza is States cannot manage the situation Fifth, the U.S. and Israel are in this now in shambles because of its relentless from the sidelines. together. We have a saying in Spanish rocket fire against Israel. If Israel is unable to This approach only serves Iran and about close alliances that describes the stop Hamas from rearming again, hope will radical elements in the region. Rather, U.S. and Israel friendship perfectly, we continue to fade for achieving an enduring two we must maintain a high diplomatic are two wings of one bird. state solution with a democratic Jewish Israeli presence that allows responsible par- We depend on each other for our se- state living beside a viable, independent and ties to capture every opportunity for curity and our existence. America and democratic Palestinian state. peace. Israel are engaged in a broader conflict In the summer of 2005 Israel disengaged I believe that the new administration throughout the world, a struggle be- from Gaza entirely, unilaterally removing set- and the new Congress represent an op- tween liberty and tyranny, between tlements and military installations at a great fi- portunity to regain our position as an

VerDate Nov 24 2008 01:18 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.021 H09JAPT1 rfrederick on PROD1PC67 with HOUSE H104 CONGRESSIONAL RECORD — HOUSE January 9, 2009 honest broker in the region. For this to estinians especially women and children are Mosques have been bombed, schools happen, the tone coming from Wash- protected and humanitarian assistance is al- as well. Even before the recent mili- ington must be in sharp contrast to the lowed to flow freely. tary operation, life for the people in last 8 years. We all want to see peace take place in this Gaza has become increasingly Congress helped set that tone, which region. While diplomatic means should always unlivable under a crushing blockade. is where I hope my colleagues will use be sought first, there comes a time when a The Red Cross has been obstructed, this tragedy as an opportunity to call nation must defend itself. Sadly, this defense 800,000 people without water, 1 million for an end to this conflict and a broad- often comes with many innocent civilian cas- people without electricity. er, American, diplomatic presence in ualties for which we all extend our deepest That is why I intend to vote the region. condolences. ‘‘present’’ today. Hopefully we can urge Mr. BERMAN. Madam Speaker, I am I encourage our friends in Israel to take this Congress to not simply declare its pleased to yield 1 minute to a member greater steps to protect the innocent Palestin- support of its ally, but will actually of the committee, the gentlelady from ians living in and along the Gaza strip and move its ally and the rest of the region Texas, Ms. SHEILA JACKSON-LEE. allow more humanitarian goods and services toward a more durable, sustainable, Ms. JACKSON-LEE of Texas. I thank to enter the area to help the people of Gaza, final solution to this conflict. the distinguished chairman. especially elderly, women, and children. These History has shown that ground Madam Speaker, I rise to support H. are the victims on both sides of this conflict. troops and air strikes have not re- Res. 34. War is ugly. That is why it John F. Kennedy said years ago that ‘‘those solved conflict in the Middle East. If took more than 6,000 or so rockets be- who make peaceful revolution impossible will we try to resolve conflict with military fore Israel decided to defend herself. make violent revolution inevitable.’’ As the might and nothing else, then we will be There is no doubt that we, as Members rockets have continued to be fired into Israel, no safer than we were before. No one of Congress, wrap ourselves around the we have seen Hamas refuse to comply with will be. Diplomacy is necessary to save need for humanitarian aid and relief. the urgings of the United States, the European lives and yield a lasting peace with se- We too feel the pain of loss of life. Union, Russia, and even the United Nations curity. But I think it is important to under- requests for a cease-fire. I urge Hamas to re- The United States must play a more stand the resolution. It gives a wonder- consider for the sake of the Palestinian peo- active role in pursuing real peace in ful roadmap for the decision of peace, a ple. the Middle East. Mr. BERMAN. Madam Speaker, to two-state solution, Israel and Pal- Although, violence begets violence and yet close the debate, I am pleased to yield estine. even in our great Nation we provide for de- to the chairman of the Middle East and But what it does say, and what all of fense of self. I do not support violence, how- South Asia Subcommittee of the House us have to commit ourselves to, is that ever we would not expect a child to continue Foreign Affairs Committee, the gen- no nation can stand for the extin- to be bullied, to continue to be beat up, to tleman from New York (Mr. ACKER- guishing of other people in another continue to have violence inflicted upon him sovereign nation. All Hamas has to do MAN). without understanding when that child decides The SPEAKER pro tempore. The gen- is to stand for the dignity and integ- to fight back. tleman from New York is recognized rity of the Palestinian people, to allow As missiles have been fired into their for 21⁄4 minutes. Israel to survive and stand, to commit homes, shops, and restaurants the people of Mr. ACKERMAN. I thank the chair- to its existence and to promote the sur- Israel have finally decided to respond. man. vival of its people. I support the people of Israel and their right Madam Speaker, my colleagues, I We must rally around people, women to be free from violence, free from terror, and spent Sunday in Sderot with Mayor and children and families. But we can- free watching their friends and families die. I Bloomberg of New York. We were being not engage in peace unless all stand also support the innocent Palestinians right to briefed by some people on the Israeli down. be free from violence and have access to hu- side of the border with Gaza when sud- This resolution is a roadmap for that. manitarian relief. I am sad that the innocent denly, after 14 missiles had already It is to encourage Egypt to continue in Palestinians’ have to suffer for the violent acts fallen that morning before we got the peace process. It is to close the of Hamas. Along with many of my colleagues, there, the sirens started screaming, tunnels. It is to make sure that we are I continue to call for a cease-fire and an op- and we were rushed and told we had 20 supporting the dignity of all. portunity for diplomatic negotiations to suc- seconds to get into a fallout shelter be- I support this resolution. I beg the ceed that would include a two state solution of fore the missile hit, rather petrifying. people of Palestine to stand up for dig- Palestine and Israel. I cannot imagine what I would have nity, peace, democracy and freedom for Mr. BERMAN. Madam Speaker, I am done had I children out on the street, 1 all. pleased to yield 1 ⁄2 minutes to the gen- as happens each and every day, some- Madam Speaker, thank you for your leader- tleman from Minnesota (Mr. ELLISON). times hourly in that little town, trying ship in bringing this timely resolution to the Mr. ELLISON. Madam Speaker, I to live peacefully across the border floor today. I want to also thank the minority come to the floor today torn about this from its neighbor. leader, Congressman BOEHNER for working resolution. Though I welcome resolu- with us in a bipartisan manner on this impor- tions by the Congress to express sup- b 1030 tant issue. port for the people of Israel and Gaza I listened very, very carefully to our Let me start off by saying that I support at this difficult time, this resolution colleagues, especially to the gentleman House Resolution 34—recognizing Israel’s does not do enough to move towards a from Ohio, who has run twice on our right to defend itself against attacks from stable and durable peace in the Middle side for the Presidency of the United Gaza, reaffirming the United States’ strong East. States, and the gentleman from Texas, support for Israel, and supporting the Israeli- I feel that I cannot vote against the who ran twice for the Presidency of the Palestinian peace process. resolution, because I believe every United States on the other side of the I support this bipartisan resolution because country has a right to defend itself. I aisle, and I was wondering, had they I believe that we must support a countries have been to Sderot, and I have seen become President, either of them, and right to defend itself against terror attacks. I firsthand both the physical and emo- God forbid our country was struck by believe that we must not show support for tional destruction caused by the rock- missiles, and they had taken the oath Hamas, when it launches rockets indiscrimi- ets. to defend our country, how many mis- nately, at civilians or when it incorporates ele- Last fall I voted for a resolution spe- siles would have had to have fallen be- ments of terrorists infrastructure into civilian cifically condemning the rocket at- fore we struck back? population centers. tacks into Israel. However, I feel I can- Countries have rights to defend This resolution promotes a durable and sus- not vote for this resolution either, be- themselves. It is not just one missile or tainable cease-fire in Gaza, which would not cause it does not sufficiently address two missiles or three missiles. From allow a reestablishment of the status quo ante the human suffering by Palestinians in the beginning of this decade, each year where Hamas can continue to launch rockets Gaza. Over 750 people have been killed, over 1,000 missiles have been launched out of Gaza. Moreover, a durable and lasting 250 of them children, 50 of them from Gaza on Israel. Thousands of mis- cease-fire would ensure that innocent Pal- women, with over 3,000 people injured. siles. And yet they have held their

VerDate Nov 24 2008 03:45 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.023 H09JAPT1 rfrederick on PROD1PC67 with HOUSE January 9, 2009 CONGRESSIONAL RECORD — HOUSE H105 strength, they have held their warn- against Israel, but an ideology that Hamas flict. We should remember that extremism in- ings that they issued, with the pa- strives to spread to others in that region and cubates in societies afflicted with poverty, tience of Job. A country that was to the global community as a whole. hopelessness, and humiliation. We must work founded to protect the lives of Jews Israel has an absolute right to defend its citi- tirelessly to diminish the appeal and influence from destruction and annihilation after zens and borders. I therefore urge my col- of terrorists by lifting up all of those trapped in World War II held its calm, held itself leagues to support House H. Res. 34, stand these conditions. It is equally necessary that together, until the missiles started by our friend and ally Israel, and condemn we continue to assist moderate Palestinians falling 50 a day, 80 a day, 100 a day. And Hamas for obstructing the basic human rights and strengthen governments that are com- they warned the Palestinians that they of both groups and the road to a peaceful co- mitted to securing a lasting peace with the would strike back, and they have, as is existence between Israelis and Palestinians. State of Israel. their right, as is their responsibility to Mr. CAPUANO. Madam Speaker, I voted in I continue to believe that the United States their citizens. favor of H. Res. 34, Recognizing Israel’s right has a vital role to play in brokering an endur- We are all upset at the loss of inno- to defend itself against attacks from Gaza, be- ing peace agreement. My thoughts and pray- cent lives in this altercation and any cause not to support that right would under- ers are with all the innocent civilians suffering altercation. But, you know, it reminds mine Israel’s rights as a sovereign state. That in Israel and Gaza. For their sake, the United me of my two boys when they were said, I continue to deplore the eagerness of States must recommit itself to bringing Israelis growing up and they would get in a lit- this House to assign blame in a tragic and and Palestinians back to the negotiating table. tle hassle with each other, and I would complicated historic conflict. It is true that This includes the need to create a viable rep- separate them and say, Who started Hamas began to fire rockets into Israel just resentative of the Palestinians that can nego- this? And Ari would say, Corey hit me days after the expiration of the 6-month tiate in good faith. And it includes the need to back first. cease-fire agreement. This properly elicited a get the Israelis to make the daily welfare of or- If you don’t want to be hit back, reaction from Israel aimed at protecting its citi- dinary Palestinians one of the principal criteria don’t hit. That is the message. Israel zens. It is regrettable, however, that Israel was for any negotiations. The future security of the has the right to defend itself, and we unable—in the 3 years after its unilateral with- Middle East depends on negotiating a just, stand with Israel as it exercises that drawal from Gaza—to work to strengthen permanent, and peaceful settlement between right to live in peace with its neigh- those Palestinians who seek peace. I hope Israelis and Palestinians that both guarantees bors. that a cease-fire observed by all parties, Israel’s security and establishes a Palestinian Mr. MCMAHON. Madam Speaker, I rise in credibly verified and effectively monitored, will state. Mrs. BLACKBURN. Madam Speaker, I rise strong support of H. Res. 34, this bipartisan be followed by vigorous diplomacy. When in strong support of H. Res. 34, legislation that legislation sponsored by our Congressional calm is established, I urge the Government of not only recognizes Israel’s legitimate right to leadership and to stand with Israel and its ef- Israel to engage in confidence-building meas- defend itself from terrorist threats, but also ex- forts to protect innocent Israeli civilians against ures to increase the likelihood of a negotiated presses this body’s steadfast commitment to a attacks by Hamas. settlement. strong, vibrant, and long-lasting relationship No country would permit attacks against in- I urge my colleagues in the House to ad- between the United States and Israel, the only nocent people, regardless of the political dress the human tragedy in Gaza and south- functioning democracy in the Middle East. agenda or concerns that motivate such ac- ern Israel rather than to choose sides among While rockets, mortars, and homemade weap- tions, and we in the international community suffering people. We must not forget that there ons continue to rain down on Israel from Leb- cannot do so here. are innocent Palestinian civilians suffering anon and inside Palestinian controlled territory We all know Israel as a country of peace, along with Israeli civilians. We would do well in Gaza, this resolution places the world on and the only way Israel and its neighbors will to acknowledge the plight of those on both notice that the U.S. House will not waver dur- be able to enjoy a true and lasting peace will sides of Gaza’s border and the need to ad- ing Israel’s hour of need. be through the agreed upon process working dress the humanitarian crisis in a manner that The violence and terror inflicted on the peo- toward a two-state solution. We cannot let a allows free access to the necessary staff, sup- ple of Israel by agents of Hamas and their group of terrorist extremists derail the hard plies, and resources. sympathizers represents a continuation of the Mr. HOLT. Madam Speaker, I am voting for work that our President, Israel, and leaders organization’s blood-stained history, and is lit- H. Res. 34, which expresses vigorous support throughout the region have worked so hard to tle more than an extension of a decades-long achieve. and unwavering commitment to the welfare campaign designed to destroy the State of In their oath of loyalty, members of Hamas and security of the State of Israel. The indis- Israel. It is a moral imperative to stand along- declare that ‘‘death in the cause of God is criminate rocket attacks by Hamas are an un- side the people of Israel while their govern- their supreme desire.’’ And since Hamas uni- acceptable assault on Israel’s citizens and her ment repels and quells the violence inflicted laterally decided to breach its agreed upon sovereignty. Like all nations in the world, by Hamas, and today’s consideration of H. truce and renew its attacks on Israel on De- Israel has the right and responsibility to re- Res. 34 provides much needed leadership that cember 24, we have seen the horrors that spond in self-defense. The United States has the international community would be wise to occur when this extreme ideology is put into a responsibility to stand with Israel, our closest follow. effect against innocent people—both Israeli ally in the Middle East, during this crisis. Make no mistake: the violence, death, and and Palestinian alike. At the same time, the United States has a destruction suffered by both the innocent citi- Residents of Israeli communities near Gaza responsibility to ensure that the humanitarian zens in Israel and the Palestinian people is a have endured over 6,000 rockets crossing into needs in Gaza are being addressed promptly tragedy that no man, woman, or child should their borders, threatening their lives, and and responsibly. The present resolution, H. be forced to endure. Yet this tragedy suffo- breaching a 6-month cease-fire. Res. 34, is not so clear on that. The United cating the innocents on both sides is not born Hamas continues to concentrate its bases of States should have done more to ensure that of a decision taken by the Israeli government, operations close to Palestinian residential they were being met even before the recent it is singularly the result of a long-planned neighborhoods and humanitarian centers— fighting, just as the United States should have paramilitary campaign of terror initiated by a sometimes even firing rockets from rooftops of done more to stop the mortars and rockets terrorist organization. school buildings. fired from Gaza over recent years. I am trou- Madam Speaker, I rise not only to support And while there are some who say that bled deeply by reports that the humanitarian this timely resolution, but also to join the cho- Hamas is merely a problem just for Israel, situation, bad as it has been, continues to de- rus of voices in this chamber calling for the Hamas’ utter disregard of innocent human life teriorate. Israel must make every effort to pro- terrorists in Gaza to put an end to their cam- ultimately affects us all here in the United tect the innocent and prevent the destruction paign. Let the violence stop, and the healing States, and all peace-loving people around the of civilian communities. All parties must work process begin. Only then can the diplomatic world. as quickly as possible to enact a durable and process have a chance to work towards the In the face of increasing international terror, sustainable cease-fire that will allow for a last- international community’s goal of a demo- we in the United States must condemn the ac- ing improvement of the humanitarian situation cratic, free, and vibrant State of Israel living tions of Hamas. Hamas refuses to employ in Gaza and for the long-term security of side-by-side a peaceful and stable Palestinian peaceful methods in dealing with Israel and Israel. community. refuses to acknowledge its right to exist. It is critical to recognize that even a durable Mrs. SCHMIDT. Madam Speaker, I rise The unyielding disregard for human life that and sustainable cease-fire is only a temporary today to applaud this House for standing with Hamas displays is not only a terrorist strategy solution to the ongoing Israeli-Palestinian con- our friend, the nation of Israel.

VerDate Nov 24 2008 03:45 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 7634 Sfmt 9920 E:\CR\FM\K09JA7.027 H09JAPT1 rfrederick on PROD1PC67 with HOUSE H106 CONGRESSIONAL RECORD — HOUSE January 9, 2009 Madam Speaker, Israel has a right and a I voted ‘‘present’’ because words matter and Madam Speaker, passage of this resolution duty to defend herself from the savage attacks this resolution did not express adequately the will send the right message at the right time to of Hamas launched from Gaza. scope of the humanitarian crisis. To that end our friends in Israel and our allies around the The Israeli government continues to work I am joining other colleagues in urging the ad- world. I urge its quick passage. for peace, but the relentless attacks have left ministration to work to meet the immediate hu- Mr. BARROW. Madam Speaker, I rise in her with little choice but to use military force manitarian needs while we work for a cease- support of H. Res. 34, supporting Israel and to stop the Hamas militants hiding among in- fire. its government’s right to defend itself against nocent civilians in Gaza. Any country facing such attacks would wish attacks from Hamas. Madam Speaker, Hamas must end its at- to respond firmly and decisively, yet it is frus- The relationship between the United States tacks on the people of Israel for peace to take trating to witness the region locked into a and Israel is based on a shared commitment root; I applaud this House for its strong sup- downward spiral of conflict. This path will give to democratic values. Israel has stood on the port of our friend Israel. neither side what it wants, but will continue to front lines in confronting those who would use Mr. HONDA. Madam Speaker, I rise today destabilize the situation and further impede ef- terror against civilians as a means of bringing to offer my comments on H. Res. 34, a resolu- forts at a resolution. about political change. During that time, the tion which reaffirms our commitment to Israel This cycle of violence must be broken. Yet, United States has stood for the political inde- and its right to defend itself against attacks nearly a decade of failed Bush policies has left pendence and physical security of Israel. from Gaza and Hamas. America in a weakened position at the table, A government’s first responsibility is to de- fend its citizens, and Israel has the same right I have always been a strong supporter of less able to help deliver peace or improve the and obligation to protect her people. If our Israel, and consider myself a good friend to humanitarian situation on the ground. At least people were being terrorized daily by a bar- Israel. Israel’s right to exist as a country is un- the administration declined to vote against a rage of rocket fire, we would certainly act to questionable in my mind, and I support its January 8 United Nations Security Council defend ourselves, and we would expect no right to defend itself from those who would do resolution calling for an immediate cease-fire less of our Government. harm to its people. in Gaza. Those who truly value peace and democ- I also strongly support a durable and sus- Forceful U.S. diplomatic reengagement now racy are united in the belief that the only rem- tainable cease-fire in Gaza, and support a res- is critical. Though a secure Israel and an inde- edy to this crisis is a successful peace proc- olution to the conflict through diplomacy and pendent Palestinian state living side by side ess. Working for peace is not an alternative to negotiations between Israel and the Pales- seems remote today, I have high hopes that security, but is part of security. Without a tinian Authority. I have consistently supported the new Obama administration will exhibit a peace process, and ultimately without peace, efforts to increase peacemaking efforts in the strong reversal of course and reengage the re- Israel remains insecure. That’s why I rise in region, including asking the President to ap- gion. Our efforts here today are inadequate to support of H. Res 34, recognizing Israel’s right point a special envoy to the Middle East. this task. We must not only work for a cease- to defend herself, and that’s why I voice my For these important reasons, I voted in favor fire that halts this backslide into chaos, but continued support for peace negotiations be- of H. Res. 34. This resolution rightly reiterates move forward toward an ultimate solution that tween Israel and Hamas. I hope that we can our support for the safety, security, and wel- recognizes the legitimate needs of both all look forward to the day when our countries fare of Israel. However, Madam Speaker, H. Israelis and Palestinians. We know where we will be able to devote less of our national Res. 34 is not perfect, and my vote for it today need to go, we must have the will to achieve treasures to the vital work of survival and self is not unequivocal. The resolution does not it. defense, and be able, instead, to devote our- adequately address the civilian casualties in Mr. LARSON of Connecticut. Madam selves to more profitable enterprises. Gaza, or the worsening humanitarian situation Speaker, I rise today in strong support of Mr. BACA. Madam Speaker, I rise today to there. The world has a responsibility to join to- House Resolution 34, a resolution that recog- support House Resolution 34, a resolution to gether to help solve this crisis. I also hope that nizes Israel’s right to defend itself from attacks recognize Israel’s right to defend itself against the incoming Administration will turn this hope by Hamas and reaffirms the United States’s attacks from Gaza, reaffirming the United into reality. support of the Israeli-Palestinian peace proc- States’ strong support for Israel, and sup- The human consequence of this violence ess. I was extremely pleased to join with porting the Israeli-Palestinian peace process. has taken a tragic toll on Gaza civilians, where Speaker PELOSI, Republican Leader BOEHNER, Israel continues to be the United States’ access to basic humanitarian needs is limited, and other bipartisan leaders of the House in strongest ally in the Middle East. and dangerous. Some reports by the Inter- introducing this important legislation. Now Israel faces a tough situation with her national Committee of the Red Cross describe Israel withdrew from the Gaza Strip in 2005 neighbors. the movement of ambulances and aid workers in hopes of reducing violence between Israelis Since 2005, Israel attempted to promote as extremely difficult, and attribute that dif- and Palestinians. Unfortunately, just the oppo- peace with the Palestinians by withdrawing its ficulty to Israel’s restrictions. In addition to this site has occurred. Since Israel’s withdrawal, civilians and soldiers from Gaza in hopes of challenge, existing hospitals are running out of Hamas have terrorized Israel by firing more lessening day to day conflicts. fuel, power, and supplies to treat victims. than 6,000 missiles from Gaza into Israel’s However, since then Israel has received We are right to support Israel’s right to de- southern region. Israel, thankfully, has shown over 6,000 attacks from the area of Gaza, in- fend itself, but we must not forget that inno- a remarkable level of restraint throughout cluding a flurry of attacks last month when cent Gaza civilians are living under harsh, these attacks. It was not until December 2008, Hamas abandoned a 6-month ceasefire. The Hamas leadership continues to hold even desperate, conditions right now. Both the when Hamas brazenly refused to continue a Palestinian civilians as hostages to its terrorist Israeli and Palestinian people deserve to live ceasefire, instead choosing to ratchet up its agenda and Israelis now find themselves with- a life free of the threat of attack or psycho- attacks, that Israel used military force in re- in range of Hamas rockets. logical fear. It has always been my hope that sponse. The bloodshed and conflict of this situation our involvement in the region may be used to The resolution before us today emphasizes will only lead to more devastation if nothing is improve the lives of the people affected by the the United States’s belief that Israel has the done. Israeli-Palestinian conflict. right to self-defense. No other country in the The United States supports Israel and all ef- Once again, Madam Speaker, my vote in world would or could have shown the level of forts to promote a cease-fire and a durable favor of H. Res. 34 reflects my strong support restraint that Israel has over the past years. and sustainable resolution of the Israeli-Pales- for Israel, but the severe humanitarian plight of Moreover, none should ever be required to. tinian conflict. Gaza civilians is something we must not ig- House Resolution 34 also recognizes the I urge my colleagues to vote in favor of H. nore. burgeoning humanitarian situation in the Gaza Res. 34, and stand for justice and humanity. Mr. BLUMENAUER. Madam Speaker, I ap- Strip. While Israel has provided humanitarian Ms. WASSERMAN SCHULTZ. Madam preciate the widespread concern for the crisis assistance throughout this conflict, the situa- Speaker, I am proud to be a cosponsor of this unfolding in Gaza since December 27. The re- tion will not be fully addressed until a stable essential Resolution, recognizing Israel’s right cent conflict in between Palestinians and and lasting peace can be achieved between to defend itself against attacks from Gaza, re- Israelis is as tragic as it was predictable. The the Israelis and Palestinians. For that reason, affirming the United States’ strong support for fundamental lesson in the Middle East is clear: the resolution states the United States’s full Israel, and supporting the Israeli-Palestinian without political processes that strive continu- support of a ceasefire that ends rocket attacks peace process. ously for peace, events and the acts of ex- by Hamas, prevents additional arms and ex- As Israel faces intense international criticism tremists can overpower the desire of people plosives from entering Gaza, and jumpstarts a for exercising its legitimate right to self-de- across the region to reject violence. diplomatic initiative in the region. fense, southern Israel is being repeatedly and

VerDate Nov 24 2008 03:45 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 7634 Sfmt 9920 E:\CR\FM\A09JA7.030 H09JAPT1 rfrederick on PROD1PC67 with HOUSE January 9, 2009 CONGRESSIONAL RECORD — HOUSE H107 consistently showered with Hamas rockets Mr. DINGELL. Madam Speaker, since 2001, ders and across its borders to ensure the and northern Israel has been hit by rockets thousands of rockets and mortar have been safety of its citizens from the threat of ter- from Lebanon. indiscriminately fired into southern Israel at in- rorism. As a sovereign nation, Israel has the Like all sovereign nations, Israel has not nocent civilians. When Israel withdrew from right to defend itself just as our Nation and only a right, but moreover, an obligation, to Gaza in 2005, these rocket attacks continued. any of our allies would. ensure the safety and security of her citizens. In December 2008, the negotiated cease fire Throughout the past year, Hamas has Let me be very clear. Israel’s response, her ended and Hamas responded by firing over 60 launched an estimated 3,000 rockets into defense of her people, is in reaction to the rockets into Israel in a single day. Hundreds of Israel and during that time the range of these hundreds of Hamas missiles that were tar- thousands of Israelis are terrorized daily by rockets has increased striking further and fur- geted at Israeli citizens throughout the flimsy fear of attack while an extremist group who ther into Israel. The ultimate goal is peace, se- ceasefire of 2008. calls for Israel’s destruction continues to oper- curity and prosperity for the people of this Hamas’s leaders, choosing terror against ate. troubled region, but there can be no peace Israel over the welfare of the Palestinian peo- The Israeli government determined it had no when terrorists attack the Israeli people. ple, have chosen violence over peace. choice but to respond to Hamas militarily. Israel is carefully targeting the Hamas lead- And while Hamas has been going out of its Sadly, the cost has been great. Since Israel ership and its rocket launching capability, but way to kill innocent Israelis, Israel has been began its two-week offensive on the Gaza as long as Hamas hides and operates within going above and beyond—even putting itself strip, over 750 Palestinians have died. An UN- civilian locations there will be civilian casual- at risk—to protect innocent Palestinians. operated school was bombed and dozens of ties. That is regrettable, but as long as Hamas Specifically, Israel drops leaflets and makes innocent children were killed. In an unusual launches rockets into Israel, there will also be phone calls to targeted Palestinian areas to move, the International Red Cross issued a civilian casualties there. warn citizens they are in danger, even if this statement that ‘‘the Israeli military failed to Our Nation will continue to respond to ter- means losing the element of surprise and put- meet its obligation under international humani- rorist attacks and threats on our Nation and ting the lives of its own soldiers at risk. tarian law to care for and evacuate the wound- our people and I would not expect the Israeli In contrast, Hamas deliberately attacks ed.’’ Gazans are trapped with little ability to government to react any differently to these Israeli civilians and uses its own people as seek shelter or help for the wounded. ongoing threats. human shields. Does Israel have a right to defend itself? My Madam Speaker, Israel remains our In addition, Israel has been facilitating the answer is unequivocally, yes. I cannot argue staunchest friend and ally in Middle East and transfer of significant amounts of humanitarian with most of the statements contained in this we stand together with them as they endure supplies to the Gaza Strip; delivering 15,000 resolution. I do not condone the tactics Hamas this most recent assault against their freedom tons of aid over the past week and a half. uses in its efforts to destroy Israel, nor is it ac- and liberty. Hamas, on the other hand, has stolen some ceptable that an elected government refuses Mr. BURTON of Indiana. Madam Speaker, I of those humanitarian medical supplies from to recognize Israel’s right to exist and exploits am proud to be an original cosponsor and civilians to give to their gunmen. its own citizens to further its extreme agenda. strong supporter of House Resolution (H. Undeniably, the suffering is great in Israel But I cannot also pretend this resolution, H. Res.) 34 which expresses the United States and Gaza. Now is the time for us all to stand Res. 34, will help bring about a cease-fire in House of Representatives strong support for together in support of Israel and peace. I urge Gaza, resolve the extreme humanitarian crisis and commitment to Israel and recognizes that my colleagues to support this critical resolu- Gazans face, or bring us closer to a final reso- Israel has a fundamental right to defend its tion, and pray that Hamas stops firing rockets lution sought by the Quartet, Israel, the Pales- citizens against violent attacks. into Israel, and starts working towards peace tinian Authority, and Middle Eastern nations. Back in 2005, I spoke to this House to ex- instead of terror. That a peaceful resolution and a two-state press my profound concern about Israel’s Ms. LORETTA SANCHEZ of California. solution seem to grow more distant with each withdrawal from the Gaza Strip. I feared that Madam Speaker, I rise today to express my passing day is a very real consequence of the Islamic radicals would exploit that opportunity concerns regarding H. Res. 34. I do not think Bush Administration’s inaction and failure of to jump-start the peace process and instead that this resolution provides a complete picture leadership. Eight years ago, President Bush use Gaza as a launching pad for attacks on of the conflict in Gaza and as a result, I will came to office and pledged to negotiate a Israel; undermining the peace process, exac- be voting present on this resolution. I am par- ‘‘road map to peace.’’ As we can clearly see, erbating global and regional terrorism and ticularly concerned that this resolution does the few efforts President Bush made during moving the Middle East one step closer to all not address the core cause of the crisis, and his tenure have fallen far short. out war. I am sad to see that circumstances I am not confident that this resolution will be Last night, the United Nations passed a have proven that my concerns were justified. beneficial to improving the situation in Gaza. cease-fire resolution. Today, the crisis con- There can be no negotiations with—and no I have grave concerns about Hamas’s tinues. In this ongoing battle, words and ac- concession to—terrorists like Hamas; who alarming history of violence. However, in order tions are very different things. That is why refuse to even accept Israel’s right to exist. If to resolve this crisis it is imperative that we President-elect Obama must reengage the the world wants calm to return to the Middle encourage both Israel and Hamas to pursue a peace process immediately upon taking office. East it must speak with one voice—as this peaceful resolution and come to a sustainable He has the support of many of the Middle House is speaking with one voice today—and cease-fire. Eastern nations, who have attempted to fill in tell the leaders of Hamas, and their handlers Today marks the 14th day of the Gaza war. as mediators while the Bush Administration in Tehran—that blame for this bloodshed falls Over 700 people have been killed by both was asleep at the wheel and who also have squarely on their shoulders. To end that Israeli and Hamas military actions. Inter- an interest in rallying against the growing bloodshed—and to bring humanitarian relief to national aid workers are reporting that they threat of Iran. President-elect Obama faces the people living in Gaza, Hamas must imme- are unable to access the Gaza civilians and many challenges when he enters office, but diately end the rocket and mortar attacks the United Nations has suspended its aid op- with the help of his capable appointed Sec- against Israel and verifiably dismantle its ter- erations following the death of a U.N. official. retary of State, and my dear friend, Hillary rorist infrastructure. I believe that a bipartisan resolution should Clinton, I believe the United States can once Israel and the United States have shared a have more fully addressed these challenges again take the lead in achieving a peaceful special bond since the founding of the modern and stressed the need for both parties to two-state solution for the Israelis and Palestin- Jewish State in 1948. As a lone State fighting cease all fire and fulfill their obligations under ians. for freedom and democracy in a region domi- the Road Map peace plans. Mr. YOUNG of Florida. Madam Speaker, I nated by authoritarian and military regimes, This weekend I will be meeting with a num- rise in strong support of House Resolution 34, Israel is the only country in the Middle East ber of relevant organizations and community which reaffirms our Nation’s strong unwaver- that the United States can fully count on to leaders from my district to discuss the current ing support for Israel and its right to defend stand firm against the terrorists and oppres- crisis in Gaza. Through these meetings I hope itself against missile attacks from Gaza. sors. to continue to learn more about the status of As an ardent supporter of Israel and its fight As we continue to fight against the prolifera- the ongoing situation and consider the ways in against terrorism, I am well aware of the ongo- tion of weapons of mass destruction in the re- which the United States can develop a ing conflict between Israel and the Palestin- gion by rogue regimes, and work to halt the proactive plan that will both end this current ians and am monitoring developments closely. States who continue to sponsor terrorism, conflict and bring long-term peace and stability As any nation, Israel has every right to pro- Israel stands as a lone and vital ally. Similarly, to the region. tect itself from terrorist attacks within its bor- Israel stands as an important strategic partner

VerDate Nov 24 2008 01:18 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 7634 Sfmt 9920 E:\CR\FM\A09JA7.035 H09JAPT1 rfrederick on PROD1PC67 with HOUSE H108 CONGRESSIONAL RECORD — HOUSE January 9, 2009 with regard to our joint efforts to stop the The bottom line is there is absolutely no fighters regardless of the human cost, and spread of Islamic radicalism. military resolution to the issues confronting calls for ‘‘supporting the Israeli-Palestinian We all support the cause of peace; we all this region—notwithstanding the acts of self- peace process’’ while innocent Palestinian want to see the Israeli-Palestinian conflict re- defense to which Israel has resorted. women and children are being killed in Gaza. solved but will we ever reach that goal if the That is why I renew my call for the adminis- This resolution strongly and justifiably con- rockets and mortars do not stop; that is the tration to redouble its efforts in discharging its demns Hamas, but the resolution’s intent and first step. indispensable role as honest broker in the substance are void of any relation to the hell- I strongly urge my colleagues to support H. peace process needed to realize the two-state ish reality that is being inflicted on the citizens Res. 34. solution and secure Israel’s right to peaceful of Gaza right now or the deprivation inflicted Mrs. LOWEY. Madam Speaker, I rise today co-existence and the right of the Palestinians upon Gaza families by Israel’s harsh denial of as a proud cosponsor and strong supporter of to live in dignity. food, medicine and fuel over the past year. H. Res. 34, a Resolution ‘‘Recognizing Israel’s Mr. CROWLEY. Madam Speaker, I rise This is only the latest battle in a long war for right to defend itself against attacks from today to express my overwhelming support for respect and security between Israel and the Gaza, reaffirming the U.S.’s strong support for Israel’s right to defend her people against ter- Palestinian people. Israeli citizens have suf- Israel, and supporting the Israeli-Palestinian rorist attacks. fered for years under an intermittent but terri- peace process.’’ Over the past 6 months, we have seen a fying rocket bombardments launched by mili- I believe unequivocally that Israel has the relative calm between Israelis and Palestinians tants in the Gaza Strip. Since 2001, 20 Israelis right and responsibility to defend itself and its due to an Egyptian brokered cease-fire. have been killed by these rockets, hundreds citizens. I stand in support and solidarity with Unfortunately, however, this calm was used injured, and the lives of many thousands more Israel’s efforts to end Hamas’ campaign of ter- by Hamas to rearm themselves with more disrupted by the constant fear of random and ror. For years, Hamas has fired thousands of technologically-advanced rockets and weap- indiscriminate violence from the sky. When rockets into Israel, murdering Israeli civilians ons, which were smuggled through tunnels this summer’s tenuous cease-fire broke down, and terrorizing peaceful communities. Earlier from Egypt and over the Syrian border. the rocket attacks increased precipitously, this year I traveled to the Western Negev and When the cease-fire expired on December prompting Israel’s current military operation in saw first-hand the trauma suffered by women 19, 2008, Hamas refused to extend it and Gaza. and children who faced nearly daily rocket at- began to fire its updated arsenal of rockets I recognize Israel’s right to protect its citi- tacks from Gaza. While war is never a pre- deep into Southern Israel. zens from the persistent and growing threat of ferred option, after repeated calls to Hamas to Sadly, rocket fire is nothing new to the rocket attacks. However, as an unwavering end rocket attacks, Israel had no choice but to Israelis, who have seen 6000 rockets land in proponent of peace, and as an advocate for respond militarily to Hamas’ breaking of the Southern Israel since unilaterally withdrawing the rights and security of the Israeli and Pales- cease-fire. from Gaza in 2005. tinian people, I seriously question the propor- During its operation in Gaza, Israel has Hamas had a choice this past December— tionality of Israel’s response and regretfully taken extraordinary steps to prevent civilian extend the cease-fire or continue hostilities. predict that Israel’s military action will produce casualties, including providing advanced warn- They chose war over peace. only short-term security gains while severely ing to civilians about pending attacks of Israel was forced by Hamas’ action to make undermining the prospects of peace in the Hamas targets. I am dismayed and disgusted a choice too, either live with the threat of rock- months and years ahead. with Hamas’ tactics of co-locating their terrorist et fire against her people or take action to Despite the fact too many Israeli citizens are infrastructure amongst the civilian population. keep its people safe from harm. They made under great stress from Hamas rockets, these My heart goes out to the families of the inno- the choice any reasonable nation would weapons do not represent an existential threat cent civilians killed and wounded on both make—to defend its citizens. to Israel. Rather than a serious military chal- sides of the conflict; however, Hamas bears It is time for the Palestinians in Gaza to lenge, these rockets are like a drug gang that the responsibility for the loss of life and the have better representation—representation uses drive by shootings as a tactic to terrify a humanitarian situation of residents of Gaza. that puts the peoples’ well-being before neighborhood. When is the solution to this Hamas, which continues to deny Israel’s Hamas’ unachievable goals. type of terror for authorities to lay waste to the right to exist, will stop at nothing to deny The U.S. Congress and the people of the neighborhood? peace to the region, including exploiting and United States will not allow a terrorist organi- Recent weeks of Israeli air and ground as- endangering Gaza civilians. I believe that zation, like Hamas, to destroy the thriving de- saults have resulted in nearly 800 deaths, half Israel’s operation to dismantle Hamas’s ter- mocracy that is Israel. of these innocent civilians. A population of 1.5 rorist infrastructure will provide space to rein- We stand with Israel and her goal of peace. million Gazans, already weakened by previous vigorate support for the Israeli-Palestinian Mr. PETERS. Madam Speaker, I rise today months of economic blockade, are suffering peace process. It is my hope that the Israeli in support of H. Res. 34, the Gaza Conflict from a lack of food, water, electricity and es- operation will make it clear to Hamas that its Resolution. sential medicine. With border crossings attacks on Israeli communities must end so Israel has been under attack, and like any closed, civilians are literally caught in the that negotiations toward a peaceful coexist- sovereign nation it has the right to defend crossfire between Hamas militants and the ence in the region can continue. itself. I steadfastly support Israel as it con- Israeli army with no ability to escape. The dif- Ms. LEE of California. Madam Speaker, I tinues to undertake operations to ensure the ficult situation that existed in Gaza prior to rise today to express my strong support of the security of its citizens. Israel is America’s Israel’s attack has quickly deteriorated into a right of Israel to exist and to defend itself and friend and ally and I support its pursuit of se- humanitarian disaster. to condemn unequivocally the rocket attacks curity and its objective of self defense in the The world is watching as Israel’s bombard- launched by Hamas on Israel. I believe there face of continued attacks on its existence. ment in Gaza continues to escalate. Public can be no military solution to this conflict, only Hamas is a terrorist organization and its ac- opinion around the world is hardening against a political solution reached by the parties as- tions undermine the hopes and aspirations of Israel as desperate images of destruction sisted by the United States acting as an hon- the Palestinian people. reach the media. For example, a high-ranking est broker. Seldom do I vote present but I will The U.S. must do everything it can to help Vatican official has compared the conditions in in this case. Let me explain why. reach a resolution that begins with an imme- Gaza to ‘‘a big concentration camp.’’ An Israeli First, the resolution ought to make it clear diate end to Hamas rocket fire on Israel and official condemned the comments and chas- that the only way to remove the threat to includes efforts to provide for the humanitarian tised the Catholic leader’s words as ‘‘far re- Israel, and to the larger region, is to resolve needs of all civilians. The U.S. should con- moved from truth and dignity.’’ But after 13 these issues through an immediate cease-fire tinue to be thoroughly involved in the region in days of warfare it is reported by officials in and commit the United States to high-level order to ensure Israel’s security and help Gaza that more than 750 people are dead, of and sustained diplomacy in support of the achieve sustained peace. which 40 percent are women and children. Road Map and initiatives. This resolution does In support of these goals, I urge passage of Last night, the United Nations Security not address how to end the escalating vio- this resolution. Council voted and approved a resolution for lence. Ms. MCCOLLUM. Madam Speaker, the res- ‘‘an immediate, durable and fully respected Second, the resolution should offer concrete olution before the House today, H. Res. cease-fire’’ leading to a ‘‘full withdrawal’’ of steps to be taken immediately to alleviate the Israel’s bombardment of the citizens of Gaza, Israeli forces from Gaza. The resolution also humanitarian crisis in Gaza. The resolution is sanctions the incursion of Israeli troops into called for humanitarian aid to pass into Gaza silent on this point. Gaza to clear this occupied territory of Hamas and an end to trafficking of weapons into the

VerDate Nov 24 2008 03:45 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 7634 Sfmt 9920 E:\CR\FM\A09JA7.038 H09JAPT1 rfrederick on PROD1PC67 with HOUSE January 9, 2009 CONGRESSIONAL RECORD — HOUSE H109 occupied territory. The United States, rep- that there is terrible human suffering on all in mind that reaching an agreement in the resented by Secretary of State Rice, did not sides. Middle East has been a goal among peace- join the 14 other nations approving the meas- It is my hope that this resolution will help loving nations since the founding of Israel. ure, our Government abstained. offer a roadmap to a peaceful solution, and The key point in the conflict, nonetheless, The Bush administration has failed to suc- that there will soon be an end to the violence. has been the refusal of a number of govern- cessfully work for an immediate cease-fire. We cannot forget that beneath the politics, ments and militant organizations, including And this resolution fails to call for an imme- there is great human tragedy. Hamas, to accept the fundamental premise diate cease-fire in Gaza. What this resolution I will support this resolution, but believe that that Israel has the right to exist. Without does do is allow Israel to continue its efforts we must focus on ending this continuing vio- agreement on this point, peace will be impos- to eliminate the threat of Hamas, which will lence and search for a peaceful solution for all sible to achieve. only lead to further civilian deaths. With nearly parties involved. The onus is on Hamas to suspend its at- 800 Gazans already dead and Israel’s inter- Mr. DEFAZIO. Madam Speaker, I rise in op- tacks on Israel and to call for a renewed national image equally bloodied, there is no position to H. Res. 34. While I fully support the cease-fire. Perhaps, then serious negotiations victory left for either side to achieve, the right of Israel to defend itself and its citizens, can resume with the goal of bringing peaceful present battle has become a competition for the resolution before us today appears to en- coexistence in the Middle East. As one of our biggest loser. dorse the failed strategies and policies of the closest allies, we should continue to support An immediate cease-fire is the only option. Bush Administration in finding a peaceful reso- Israel in their quest for peace and endeavor to The current fighting must end before the foun- lution to the Israeli-Palestinian conflict. The stop terrorism in the region. dations of the peace process are undermined Bush Administration quashed a real effort to- Mr. MICA. Madam Speaker, I strongly sup- any further and the prospects of a two state wards peace begun by the Clinton Administra- port Israel’s right to defend itself against the solution are dealt a final blow. The United tion and turned a blind eye towards 8 years of Hamas terrorist attacks. Until Israeli citizens States Government must recapture its role as unnecessary and avoidable turmoil. can live without fear of these attacks, Israel is an honest broker in the Israel-Palestinian con- The peace process lost many years of justified in its effort to maintain national secu- flict and urgently commit its full energy and re- progress and the incoming Obama administra- rity for its citizens. sources to achieving a ceasefire and sus- tion faces a great challenge to reconstruct the While we all hope for peace in this region, taining its engagement to ensure the causes broken peace process. President-elect Obama it must not come at the expense of Israel’s of the present violence—arms smuggling, and his designee for Secretary of State, HIL- sovereignty or right to exist. The Gaza Strip, rocket fire, economic blockade—are resolved. LARY CLINTON, must take immediate steps to from which Israel unilaterally withdrew in 2005, The continued isolation of Gaza is an unac- engage key international players in an attempt poses a growing security threat to Israeli civil- ceptable option in light of the depravation and to restart talks towards a two-state solution to ians. Over 10,000 rocket and mortar shells increasing desperation of the mothers, fathers the conflict. This will be difficult and slow, but have been fired from Gaza since 2001, and and children of Gaza. If the humanitarian necessary to find long-term peace for a region this indiscriminate bombardment has esca- needs in Gaza are not quickly and com- strained by violence. lated since Hamas seized power in their vio- prehensively addressed, the world faces the The House resolution before us today does lent coup in 2007. About 860,000 Israeli civil- prospect of a radicalized generation of Pales- not reflect the complexities of the current con- ians, or more than 12 percent of Israel’s popu- tinian youth—over 56 percent Gazans are flict and would not help the incoming Obama lation, live in daily fear of a Hamas rocket at- under the age of 16. America should lead an administration in bringing about the necessary tack. international effort, initiated immediately after changes in U.S. foreign policy to promote a Hamas ended the 6-month cease fire on declaration of a ceasefire, to heal and rebuild lasting peace in the region. The world is ex- December 19th by increasing its random rock- Gaza. The memory of the present conflict can- cited and hopeful with a new administration et bombardment of Israeli civilians. Israel was not be erased from the minds and hearts of that has promised a return to a cooperative compelled to take on the responsibility of de- Palestinian youth, but we can ensure those U.S. foreign policy. This resolution fails to re- fending its citizens against these terror tactics. memories include a generous and meaningful flect that hope. Therefore, I voted present on In response to being attacked, it launched a response from the world. H. Res. 34. defensive air attack against Hamas’ terrorist The goal of the United States, and the Mr. PUTNAM. Madam Speaker, no one can rocket launchers and their terrorist infrastruc- world, must be to work for peace. And the view the reports of innocent lives lost on both ture. Israel responded with a ground assault to path to peace will never be forged through vio- sides of the Israeli border without a sense of minimize collateral losses in the civilian neigh- lence. mourning and a strong desire to see the vio- borhoods the Hamas terrorists hide in to For these reasons, it is my intention to vote lence stop. Some criticize the degree to which launch these rockets. present on H. Res. 34. Israel has responded to the most recent rocket Critics of Israel demand it sit down with Ms. EDDIE BERNICE JOHNSON of Texas. attacks, but it is inconceivable that any nation Hamas to negotiate a lasting peace. I ask Madam Speaker, I rise in support of H. Res. would tolerate rockets or missiles being fired them all, how do you find a diplomatic solution 34, the Gaza Conflict Resolution. We must at it by another nation. with an enemy that will not recognize your end the current violence and bloodshed Nations not only have the right to self-de- right to exist? What terms can you offer that among both Palestinians and Israelis. This fense, but an obligation to protect their citi- will bring peace with such an enemy other resolution reaffirms our support for Israel but zens. Recognizing this fundamental right, the than outright capitulation? additionally reaffirms our commitment toward a Israeli government responded to the Hamas Madam Speaker, let us stand together as continuing peace process. rocket fire in the only manner available to an institution to show our Nation’s support for With this resolution, we call for an end to them—by attacking the buildings that house Israel’s right to defend itself against attacks the rocket and missile attacks from Hamas Hamas leaders and the sites where it is be- from Gaza and pledge our continued commit- and ask that they recognize previous cease lieved weapons have been stockpiled. ment to Israel’s right to defend itself as a free, fire agreements between Israel and Palestine. Unfortunately, in addition to killing militants, independent and sovereign state. In response to the attacks, however, Israel, civilians have also died as a result of Hamas’ Mr. BERMAN. Madam Speaker, When a na- as a sovereign nation, does maintain the right exploitation of hospitals, schools, and tion’s towns and villages are attacked, without to defend its borders and citizens from aggres- mosques to store weaponry and conceal ter- provocation, by nearly 9,000 rockets over the sion. This basic right to protect our people is rorist activities. The loss of civilian lives during span of 8 years, there could hardly be a more not one that we should undermine. Our coun- any military engagement is tragic, but it should solid case for the use of force in self-defense. try knows too well that a response must be not go unnoticed that Hamas selfishly relishes At least 700,000 Israelis—10 percent of that made when we are attacked and our way of in martyrdom at the expense of the innocent small nation—are now within range of missiles life disrupted. However, there must be human- Palestinians. and rockets operated by an Islamist terrorist itarian considerations in any conflict, and there The actions of Hamas are unacceptable and group committed to Israel’s destruction. must be steps taken to protect civilians and must come to a stop immediately. Hamas initi- I have no trouble justifying the war Israel prevent attacks on innocent school children. ated the attacks and now cynically cries foul has undertaken. I am deeply troubled, how- In both countries, as a result of the attacks when Israel responds. Those who blame Israel ever, by the suffering, destruction, and loss of and subsequent response, civilians are being are playing into the hands of the extremists innocent life that war inevitably entails—in this killed, injured and witnesses to horrific trag- who are opposed to substantive peace. case, a war forced upon Israel by a terrorist edy. Humanitarian aid has only recently been I wholeheartedly believe that we must find a enemy that not only targets Israeli civilians but allowed into Palestine and there is no doubt solution that brings peace to the region. Bear also bases itself among Gazan Palestinian

VerDate Nov 24 2008 01:18 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 7634 Sfmt 9920 E:\CR\FM\A09JA7.017 H09JAPT1 rfrederick on PROD1PC67 with HOUSE H110 CONGRESSIONAL RECORD — HOUSE January 9, 2009 homes, schools, mosques, and hospitals in vented from fleeing into Israel or Egypt and must stop; the rocket attacks must stop; and order to use innocent civilians as human are cornered in one of the most populated all regional and international actors must en- shields and as tools of a propaganda war. areas in the world. gage Hamas and Israel to agree to a durable It is imperative that a way be found to stop This resolution emphasizes Israel’s right to and verifiable cessation of hostilities. the killing on both sides—but in a manner that defend itself. Of course it has that right. But Mr. PRICE of North Carolina. Madam will ensure that this round will be the last we also need to stand strongly in solidarity Speaker, the resolution before us correctly round. with both Israelis and Palestinians who want condemns the actions by Hamas to target in- I know the United States and several other peace and an end to the horrific cycle of vio- nocent civilians in southern Israel and to nations are working on developing such a lence that manifests itself so horribly in Gaza thwart the ceasefire that had been in place for plan. Our ally Egypt should be particularly today. I agree that the ultimate goal of the the previous 6 months. It correctly calls for a commended for its serious efforts in this re- United States is a sustainable resolution of the new, sustainable ceasefire and affirms the gard. Israeli-Palestinian conflict that will ensure the U.S. commitment to a just and durable peace What we need is not merely a cease-fire but welfare, security, and survival of the State of based on a two-state solution. But the resolu- a transformative cease-fire. We need to en- Israel as a Jewish and democratic state with tion does not begin to do justice to the human- sure not just that Hamas stops firing rockets secure borders, and a viable, independent, itarian disaster gripping Gaza, and it offers lit- into Israel; we need to make sure that it stops and democratic Palestinian state living side by tle more than lip service on behalf of a serious receiving weapons and weapons parts and side in peace and security with the State of peace process. Focusing on affixing blame for stops smuggling them into the Gaza Strip. We Israel. Unfortunately, I do not believe this res- the current crisis, it fails to emphasize the should support Egyptian efforts to prevent this olution moves us closer to this goal, and be- steps required to lead us toward a long-term illegal arms trade from crossing the Sinai to- cause of this, I vote present. solution. ward the Gaza border. Mr. SKELTON. Madam Speaker, let me I recently wrote an article which appeared in Ideally, the legitimate Palestinian Authority take this means to express my support for H. the January 6 Charlotte Observer and Miami under President Mahmoud Abbas should be Res. 34. Israel, which has been our ally since Herald in which I proposed immediate actions restored to its role as the effective authority in President Truman recognized this country in the U.S. must take to return us to a trajectory Gaza in the aftermath of any cease-fire. The 1948, could no longer tolerate relentless at- leading to a just and lasting peace. I ask per- Palestinian Authority was illegally expelled tacks on its citizens by Hamas and took mili- mission that it be included in the RECORD. from Gaza by Hamas in June 2007, and it tary action to prevent future attacks. Israel After the conflict ends and the dust settles, should be restored to its rightful role. As for Hamas, it has no prospect of must defend itself, as would any nation in the after all the recriminations and resentments legitimization in the international community face of such provocation. have been aired, we will be left with the cru- unless it renounces violence and disarms, rec- The United States and the international cial question of whether and how to resume ognizes Israel, and accepts the validity of all community must work to support an enduring efforts toward a lasting peace, This is the only previous agreements between Israel and the cease fire that ends missile attacks by Hamas, goal that can meet our and Israel’s long-term Palestinians. prevents illegal arms and explosives from en- security needs in the region. We must act ur- Our resolution supports Israel’s right to de- tering Gaza, and sets in motion a diplomatic gently, knowing that the steps we take now fend itself against unprovoked terror and re-af- solution that will allow Israelis and Palestinians will determine just how steep that future road firms this body’s unwavering commitment to to live in peace. Only when the cycle of vio- to peace will be. Israel’s security and survival as a democratic, lence in this troubled region is broken will U.S. MUST ACT NOW IN GAZA Jewish state. It condemns Hamas for its 8- Israelis and Palestinians be able to enjoy the (By Representative David Price) year artillery war against Israel and appro- peace and prosperity that people everywhere For observers of the Israeli-Palestinian priately assigns Hamas responsibility for the deserve. conflict committed to a peaceful and lasting destructive consequences of the ongoing war Mr. MCGOVERN. Madam Speaker, I will two-state resolution, the conflict between in Gaza. And it insists that a cease-fire be es- vote in support of H. Res. 34, the Gaza Con- Israel and Hamas in Gaza brings the tempta- tablished that is durable and sustainable and flict Resolution. Certainly, everyone recognizes tion to throw one’s hands in the air in de- spair. Mistaken assumptions and lessons left that prevents Hamas from acquiring more Israel’s legitimate right to defend itself, the need for a ceasefire, and the demand that unlearned seem to guide each of the protago- arms and provoking another round of fighting. nists down a course antithetical to the long- I commend the Speaker and the bipartisan Hamas stop its rocket attacks against Israel, term interests of both Israelis and Palestin- leadership for authoring this important resolu- recognize the right of Israel to exist, and join ians. tion. It provides a sensible way of under- the rest of the Palestinian people in negotia- We can’t help but lament another cycle of standing how we got to the current situation tions with Israel to reach agreement on a two- retributive violence—both for the terrible and of how we should move forward. That is state solution to the Middle East conflict and toll it takes on both sides and because we why I support this resolution, and I urge my establish peace for all the peoples of the re- know it is not the way forward. Yet exas- colleagues to do likewise. gion. Earlier this month, I issued a statement peration and passivity are indulgences that Mr. MORAN of Virginia. Madam Speaker, I outlining these same key concerns. the United States and the world can ill af- ford. will vote ‘‘present’’ on Resolution 34. While the However, I would like to clearly express my FIGHTING VS. GOVERNING intent of this resolution is to speak out against frustration and dissatisfaction with what has terrorism and to reiterate U.S. support for not been included in this resolution. For its part, Hamas has again proven that I strongly believe the resolution should have it would rather fight than govern or tend to Israel’s security, I am deeply concerned that the needs of Gazans, making it exceedingly the message it send may be contrary to the included and expressed support for the con- difficult to envision it as a serious partner at best interests of both Israel and the Palestin- cerns raised by the International Committee of the negotiating table. Israel, while unques- ians. A solution to this crisis in the Middle East the Red Cross, ICRC and United Nations field tionably justified in its move to put an end must be diplomatic; it will not be achieved by staff on the ground inside Gaza about poten- to the daily barrage of rockets falling upon military force. tial violations of international humanitarian law, its citizens, seems to have forgotten the les- The resolution contains many facts, but it IHL by both parties. I am particularly con- sons of the 2006 Lebanon war, during which omits others that are important. The United cerned about potential violations of IHL by its use of massive force alienated the Arab Nations Office for the Coordination of Humani- Israel because I am such a strong supporter world and turned Hezbollah into freedom fighters in the eyes of many Lebanese. And tarian Affairs reported January 8 that since the of Israel. the Bush administration once again offers Israeli military operation ‘‘Cast Lead’’ began, I am also disappointed that the resolution little—only an unconditional green light to 758 Palestinians have been killed, including did not reference the resolution passed by the follow the fight, now a full-scale ground war, 60 women and 257 children. More than 3,000 U.N. Security Council on January 8, calling for wherever it leads. Palestinians have been injured. Israeli media an immediate ceasefire. While the UNSC res- It is difficult to imagine how the current reported that 11 Israelis have been killed, olution is flawed by its failure to condemn conflict might ultimately lead to a just and most of them soldiers, 3 from ‘‘friendly fire.’’ Of Hamas rocket attacks, it is an important call lasting peace. Hamas, though militarily de- paramount concern today is to stop the loss of for a cessation of hostilities, which H. Res. 34 bilitated, is not likely to disappear as a po- litical force or to suddenly prove more pli- life, to allow medical supplies and personnel to also demands. able in negotiations. It may become more enter Gaza, and to provide emergency care to Finally, I am deeply saddened and disturbed rather than less difficult to bring Gaza under those who have been injured. by the increasing toll on Israeli and Gazan citi- the authority of President Mahmoud Abbas The citizens of Gaza, most of whom are ref- zens as this most recent escalation in the con- and Fatah, lest they be seen as capitalizing ugees, have nowhere to go. They are pre- flict over Gaza continues. Military operations on the misery wrought by the fighting.

VerDate Nov 24 2008 01:18 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JA7.012 H09JAPT1 rfrederick on PROD1PC67 with HOUSE January 9, 2009 CONGRESSIONAL RECORD — HOUSE H111 And Israel, while addressing a key short- opportunity for peace. Sadly, this has not been as recently as Wednesday, rockets were fired term security objective, risks far-reaching the case. Since then more than 3 years have into Israel from Lebanon. damage to the peace process that is essential passed and approximately 6,400 rockets have I will continue to support the right of Israel to its most critical long-term security objec- to defend itself and encourage the people of tive: a resolution to the conflict. Equally been fired from Gaza into Israeli civilian com- troubling, the overwhelming force of its munities by Hamas and other pro-Palestinian Gaza to demand that their elected leaders bombardment has buttressed support for ex- organizations. Their goal: to kill, maim, ter- cease the unjustified rocket attacks and the tremist elements, like Hezbollah and the Ira- rorize and traumatize innocent Israeli civilians. conscious choice to act as terrorists. Further- nian government, that threaten Israeli and My friends, this total disregard for human more, I commend Egypt on its continuing role regional security. life must be condemned in the strongest pos- as an evenhanded facilitator of peace negotia- As ominous as the picture may be, it is sible terms. These terrorist groups, some of tions and urge other Middle Eastern nations to strongly in the interests of our own country which we know are supported by Iran and follow suit. to ensure that the architecture of the peace Syria, have left the Israeli Government no Mr. MORAN of Kansas. Madam Speaker, I process is not irreparably damaged. To do so, the United States should take several imme- choice but to defend the lives of their citizens. rise in support of Israel’s right to defend its diate steps, even as the Bush administration And to make matters worse, Hamas has citizens and H. Res. 34. Confronted with re- draws anemically to a close. been using its own people—families and chil- peated, indiscriminate attacks on its citizens, HUMANITARIAN CRISIS LOOMS dren—as human shields when launching their Israel is engaged in an effort to ensure its First, the administration, working with sinister rocket attacks. Hamas terrorists have people can live in peace and without fear of the international community, must take chosen to launch missiles into Israel from civil- rocket and mortar attacks. As one of our swift action to avert a massive humanitarian ian sites intentionally placing the lives of Pal- strongest allies, it is critical Israel knows it has crisis in Gaza. Gazans have been on the verge estinians at risk. This shows their total dis- the support and backing of the United States of a humanitarian meltdown for months; the regard not only for the lives of Israelis, but for in this effort. I support Israel’s right to defend bombing of border tunnels—which have been the lives of Palestinians as well. itself and encourage my colleagues to join me used to smuggle food and humanitarian sup- The world must come together and con- in sending a strong message of support to plies, in addition to weapons—pushes Gaza demn the use of these outrageous and cow- Israel by voting for this legislation. further toward collapse. ardly tactics against civilian communities and In addition to expressing vigorous support Secondly, the administration should ur- gently engage Israel, along with regional al- recognize Israel’s right as a sovereign and for the welfare, security and survival of Israel, lies like Egypt, Jordan, and Saudi Arabia, in democratic nation to protect its citizens and the resolution also encourages the Administra- putting together the framework for a sus- borders from unprovoked terrorism. I urge my tion to work actively to support a durable and tainable long-term cease-fire, not simply a colleagues to stand up and support H. Res. 34 sustainable cease-fire in Gaza that prevents temporary halt to fighting. Such a frame- and recognize Israel’s right to do whatever it Hamas from retaining or rebuilding its terrorist work must protect Israel from the persistent takes to protect the lives of its citizens. infrastructure. It is my hope that both groups rocket fire on Sderot and from Hamas’s Mr. MILLER of Florida. Madam Speaker, I will implement a swift end to this conflict that stockpiling of deadly weapons. But it also rise today to recognize Israel’s right to defend ensures future peace and stop unnecessary must provide relief from the devastating em- bargo on Gaza. To be effective, it must in- itself and to express my desire for a peaceful civilian casualties. volve Egypt and regional partners as medi- and lasting resolution to the current conflict. Mr. GEORGE MILLER of California. Madam ators and monitors. In September of 2005, the Israeli govern- Speaker, I rise today regarding H. Res. 34, COLLATERAL CONSEQUENCES ment completed an evacuation of all Israeli concerning the fighting now taking place in the citizens from Gaza. This historic evacuation, Coming on the heels of the 2006 Lebanon Gaza Strip between Israel and Hamas. war, Israel’s military actions in Gaza have ordered by then-Prime Minister Ariel Sharon, Like every Member of the House, I support had the unfortunate collateral consequence was not widely popular throughout Israel but the right of Israel to defend itself and its peo- of generating substantial domestic political Mr. Sharon felt it was an important and nec- ple. I join my colleagues in strongly denounc- unrest for many of Israel’s friendliest Arab essary step in the quest for a 2-state solution. ing the ongoing, indiscriminate, and desta- neighbors, particularly Egypt. The United Soon after the evacuation, in January 2006, bilizing rocket attacks being launched by States will need to walk a fine diplomatic Hamas won 2/3 of the parliamentary elections Hamas against the civilian population of south- line, encouraging Arab nations to lead in Gaza and took over as the democratically- ern Israel, and in denouncing Hamas’ clear in- Hamas toward a sustainable ceasefire while elected government of the Palestinian people. empowering them to advocate for the just tent to continue to terrorize the people of peace their citizens demand. Since their election, Hamas has ignored the Israel. Finally, both President Bush and, as soon conciliatory actions of Israel and they have I call on Hamas to end its rocket attacks as he takes office, President-elect Obama seen their popularity plummet because of this against Israel immediately. should explicitly express the United States’ and their steadfast refusal to recognize the ex- Like every one of my colleagues here, I am unwavering commitment to a viable peace istence of Israel. So much was expected of also deeply saddened and troubled by the lat- process and undertake diplomacy toward the new Palestinian leadership following the est round of fighting in the Middle East, the that end. How the present conflict is waged, death of Yassir Arafat but the leadership of loss of life to children and their families, the and on what terms it is halted, will be espe- Hamas has failed its people, and continues to vast destruction of homes, and the enormous cially consequential on the Palestinian side of the equation. be corrupt. This failed leadership came to a suffering that is being caused by the esca- The U.S., Israel and moderate Sunni re- head on December 19th when Hamas ended lation of this conflict. gimes have not done enough to help Presi- the six-month cease fire with Israel and fired Today the House was asked to insert its dent Abbas and Fatah gain credibility, and over 50 rockets into Israel. voice into this latest conflict between Israel that task is now even more urgent and chal- After continued rocket attacks into heavily and Hamas. H. Res. 34 states, in part, that lenging. As for Hamas, while its military ca- populated areas, Israel had no choice but to the House ‘‘recognizes Israel’s right to defend pabilities may be downgraded by the con- retaliate with force against Hamas and protect itself against attacks from Gaza, reaffirming flict, its political stock may rise. The orga- Israeli citizens. Hamas leadership knew Israel the United States strong support for Israel, nization and its constituency must be taken would respond, but still may have been sur- and supporting the Israeli-Palestinian peace into account, directly and indirectly, in any viable process. Regional mediations and re- prised by the forcefulness with which the process.’’ newed Israeli-Syrian talks should figure Israelis defended their citizens. Once the I support much of the language in this reso- prominently in such efforts. Israelis made clear they would not tolerate the lution but I regret that H. Res. 34 in its entirety These steps will not resolve the conflict. rocket attacks, Hamas leaders followed a is not the correct statement for the House to But they will help preserve the possibility of time-honored terrorist tradition of hiding make at this time. a future peace, a possibility that is now tee- amongst and under the people they should America’s support for Israel and its right to tering on the brink. have been leading and protecting. exist is unquestionable. Mr. POSEY. Madam Speaker, I rise in sup- Following Israel’s continued defense of its What is in question and what is the most port of House Resolution 34 which recognizing homeland, some have demanded Israel stop important issue for the House and the inter- Israel’s right to defend itself against attacks its targeted strikes into Gaza. This would only national community to consider is how the from Gaza, reaffirming the United States’ allow Hamas foot soldiers to continue resup- Israeli people will be able to live in peace and strong support for Israel, and supporting the plying their terrorist network and would offer without the constant threat of attack from Israeli-Palestinian peace process. little assurance that Hamas will refrain from Hamas or others, and how the United States When Israel withdrew from Gaza in 2005, targeting Israeli civilians. It is regrettable that and all other nations can assist in achieving there was hope from many that this was an Hamas continues firing rockets into Israel and that outcome.

VerDate Nov 24 2008 01:18 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 7634 Sfmt 9920 E:\CR\FM\A09JA7.014 H09JAPT1 rfrederick on PROD1PC67 with HOUSE H112 CONGRESSIONAL RECORD — HOUSE January 9, 2009 The resolution today does not adequately to defend itself from these attacks and when The incoming Obama Administration has a address that concern, nor does it adequately Hamas announced that it was ending its ‘‘pe- golden opportunity to breathe new life into the address the complex political facts on the riod of calm,’’ Israel began to do just that. peace process, and I am committed to work- ground in the Middle East. Therefore, I have I have visited Israel on several occasions, ing with President Obama to stop the violence, chosen to vote ‘‘present’’ on this resolution. I and have seen the struggles Israelis face get the peace process back on track and es- do not oppose Israel’s right to defend itself daily. I have even been to Sderot, Israel and tablish the security that all residents of the re- and therefore I will not vote against the resolu- have seen how close these attacks are and gion urgently need. tion. But I do not believe this resolution helps how they affect the families that live there. Madam Speaker, I urge my colleagues to to resolve the current conflict and therefore I During these visits, I have seen the Israelis’ support the resolution. cannot vote for it. perseverance and determination to create a Mrs. MALONEY. Madam Speaker, I rise to What the House of Representatives should peaceful and prosperous state despite Hamas’ express my support for H. Res. 34. do at this moment in time is to throw its con- continued refusal to work towards a peaceful The resolution places the blame for the situ- siderable weight behind the call for an imme- resolution. Hamas must end this violence and ation in Gaza exactly where it belongs, diate cease-fire between Israel and Hamas. A commit itself to a real truce. Without this, I be- squarely on the shoulders of Hamas. cease fire is in the best interests of Israel and lieve that there is little chance for peace in the It makes clear that Israel has a right to de- the United States and I call on Israel and region. fend itself and that the path to peace in the re- Hamas to agree to an immediate cease fire. Israel and the United States have been gion lies in the recognition of Israel’s right to The fact is that there has been a failure of close friends and allies for the past sixty exist, the dismantling of Hamas’ terrorist infra- political leadership that has led to this re- years. Our relations have evolved from an ini- structure and the release of Gilad Shalit. newed and devastating fighting in Gaza. The tial American policy of sympathy and support For the last eight years, more than 10,000 Bush Administration has failed to adequately for the creation of a Jewish homeland in 1948 missiles have fallen on Israel’s civilian popu- or successfully address the Middle East con- to a key partnership based on common eco- lation centers, killing 28, injuring more than flict, and the international community has nomic interests, common security interests, 700 and traumatizing tens of thousands. failed to adequately address the conflict be- and most of all common values. We must con- Hamas violates international law by embed- tween Israel and Hamas. tinue to cultivate this relationship and encour- ding its weapons in civilian centers and using Experts on the Middle East had warned that age peace in the region. its people as human shields. a conflict of this nature would eventually come Mr. MARKEY of Massachusetts. Madam Its cynical choice to reap public relations if conditions on the ground did not change. Speaker, I rise in strong support for H. Res. success from the bodies of their own civilians Their warnings went unheeded and now a 34, a resolution recognizing Israel’s right to is reprehensible. new and costly war has broken out. defend itself, reaffirming the United States These are the irresponsible acts of madmen Hamas’ rocket attacks against Israel are in- support for Israel, and supporting the Israeli- and cowards, not rulers who can hope to lead defensible. But neither can the dispropor- Palestinian peace process. a nation. I am deeply concerned about the situation in tionate military response by Israel be de- I hope that President-elect Obama will be Gaza, and I am deeply saddened by the loss fended. The latest fighting was preceded by a willing to spend political capital in calling upon of innocent life on both sides. Every innocent lengthy and crushing blockade by Israel of the international community to work together death or injury in this conflict is a tragedy. to prevent Hamas from rebuilding. Gaza that caused a humanitarian crisis. The United States must play a central role I urge my colleagues to support this resolu- Hamas chose to break the cease fire and con- in bringing the parties together to stop the vio- tion and to take a strong stand against the tinue shelling Israel. And Israel chose to use lence, and must forcefully engage to restart morally bankrupt actions of Hamas. the breaking of that cease fire to launch an all the peace process so that the dream of two Ms. MOORE of Wisconsin. Madam Speak- out attack on Gaza. states living side by side in peace finally can er, Israel is a strong ally of our country and Lost in all of this is the answer to the ques- be made a reality. For too many years, the has a right to defend itself and I have voted tion of how the Israeli people can be assured war in Iraq has distracted the United States on a number of times—along with a large ma- the protection they deserve. The rocket at- from what should be its number one priority in jority of my colleagues in the House—to make tacks against Israel continue despite the enor- the Middle East: bringing peace to the Israeli- clear our support of that right. According to mous firepower brought against Hamas by Palestinian conflict. Finding a just, lasting, and one estimate, as many as one million Israelis Israel. There is no clear answer as to how equitable solution to the conflict is not only live in range of rockets that have been fired Israel will bring this conflict to an end in Gaza vital for Israelis and Palestinians; it is also from Gaza by militants. No one questions the nor is it clear what are Israel’s ultimate goals very much in our national interest. I am very in this conflict. hopeful that the incoming Obama administra- responsibility or right of a sovereign nation to Only a cease fire and a new international tion will reengage the United States at the protect its people. However, the deaths of innocent civilians commitment to negotiate a cessation of hos- highest levels to complete the peace process. tilities between Hamas and Israel can protect The resolution we are considering today ap- wherever they may occur concerns me. I join the people of Israel. This is also in the best in- propriately recognizes the fact that Hamas has my colleagues in condemning all acts of vio- terest of the United States, which is so closely been designated by the United States as a lence and hostilities against civilians and acts identified with Israel throughout the world. terrorist organization. Hamas continues to re- of terrorism. While Hamas may be indifferent I urge my colleagues in the House, who ject the very right of Israel to exist and refuses to the suffering of Palestinians and Israelis as clearly are concerned about the protection of to renounce violence. Hamas has launched a result of its actions, the rest of the world the Israeli people, to use their voices to call thousands of rockets and mortars against must not share that indifference. for an immediate cease fire and to urge all in- Israeli population centers since 2001. Instead It is distressing to see this volatile region terested parties to make the cessation of hos- of laying the foundation for an independent again paralyzed by a new chapter of a seem- tilities between Hamas and Israel a priority. state following Israel’s withdrawal from Gaza ingly endless cycle of retributive violence in Mr. GENE GREEN of Texas. Madam more than three years ago, Hamas turned which no side really wins and innocent civil- Speaker, I rise today in support of H. Res. 34. Gaza into a launch pad for rockets targeting ians lose the most. We must push to break This important resolution recognizes Israel’s Israeli civilians. Hamas has launched more this destructive cycle. The U.S. regional ac- right to defend itself against attacks from than 6,000 rockets and mortars at Israel since tors, and the international community all need Gaza, while at the same time supporting the Israel’s withdrawal from Gaza in 2005. to move quickly to defuse this situation and Israeli-Palestinian peace process and recog- Israel has the right and obligation to protect help to reach a cease-fire by all sides while nizing that the humanitarian needs in Gaza its citizens from the thousands of rockets that addressing the security and humanitarian should be promptly addressed. have rained down on its cities and towns since issues that cannot be allowed to continue to For fourteen days, now, Israel has launched Israel’s withdrawal from Gaza. These rocket fester. airstrikes and now, a ground invasion in re- attacks must stop. The unfolding humanitarian crisis in Gaza sponse to thousands of Hamas-sanctioned Hamas is not only indiscriminately firing and the firing of rockets into Israel do not rocket attacks on Israeli towns from the Gaza rockets at Israeli civilians; it is also damaging serve the best interest of anyone truly con- Strip. The strikes began less than a week after the future for all Palestinians who seek a nor- cerned with securing permanent peace in the the expiration of a six-month-long ceasefire mal life for themselves and their families. region. That is why it is even more important deal with Hamas—during which time, Hamas Peace will only result from a political process that this House take up a resolution that continually violated the cease-fire and shot of engagement and negotiation, not from vol- makes a serious call for and helps strongly rockets into southern Israel. Israel has a right leys of rockets. support ongoing diplomatic efforts to bring an

VerDate Nov 24 2008 01:18 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 7634 Sfmt 9920 E:\CR\FM\A09JA7.023 H09JAPT1 rfrederick on PROD1PC67 with HOUSE January 9, 2009 CONGRESSIONAL RECORD — HOUSE H113 end to the violence, demands greater U.S. recognition of the suffering of civilians actually However, to introduce a resolution in the leadership and engagement in those efforts, undermines this goal—one that I have long midst of a raging war that has the impression and recognizes the great loss suffered by the advocated and supported—both in its tone of assigning blame does not measure up to Israeli and Palestinian people as a result of and substance. The resolution ignores or fails the moment. the violence and urges a swift end to that vio- to apprehend the tremendous damage that is We’re watching another desperate episode lence. Unfortunately, the bill before us today is being done to the efforts of moderates—either in the cycle of Middle East violence, yet our not such a resolution. presently or in the future—by the ongoing con- call for a cease-fire is timid. Hamas’ own actions time and time again flict that according to one report has gen- We’re watching human suffering at a stom- show that it is a threat to regional and inter- erated ‘‘incredible bitterness and anger’’ in the ach-turning scale, and our call to relieve suf- national peace. This is not in dispute. The region. To expect our moderate friends in the fering is weak. House has rightly condemned Hamas time Middle East to succeed in such an environ- A spasm of violence is consuming lives and and time again including passage last March ment is foolhardy at best. we’re failing to do all that we can to be honest of H. Res. 951—which I supported. A cease-fire does not diminish or hinder brokers of peace. However, I have several concerns about Israel’s right to defend itself. It does help get I agree with almost all the language in this other aspects of the resolution before us us back on the path to finding a political and resolution, so I cannot vote against it. How- today. At a time of increasing international diplomatic solution that will address Israel’s ever, I cannot vote in favor of the resolution concern about the situation in Gaza high- security needs and lead to long-term security because it does not do enough to set the lighted by diplomatic efforts under way at the and peace. A cease-fire is not an end itself stage for lasting peace. My conscience dic- UN, by the EU, and the Arab League—particu- but is desirable as a means to halt violence tates a vote of present, which is the only vote larly a proposal put forth by Egypt and and chaos in the immediate term while cre- for peace. France—and the passage just last night by the ating room to assure humanitarian aid and for The SPEAKER pro tempore (Mrs. UN Security Council of a resolution calling for renewed and sustained multilateral negotia- TAUSCHER). The question is on the mo- an immediate cease-fire, I fear that his may be tions for a sustainable peace. tion offered by the gentleman from the wrong time for a resolution that does little Congress must speak out to help stop this California (Mr. BERMAN) that the to support efforts to halt the conflict. latest crisis in the Middle East but in a way House suspend the rules and agree to The Security Council resolution called ur- that our message is fair, tough, and smart and the resolution, H. Res. 34. gently for an ‘‘immediate, durable and fully re- that makes clear that the U.S.—while sup- The question was taken. spected cease-fire, leading to the full with- porting Israel’s right to self-defense— can be The SPEAKER pro tempore. In the drawal of Israeli forces from Gaza.’’ I am dis- and is an honest broker in the region. I fear opinion of the Chair, two-thirds being appointed that the resolution before the House that this resolution fails to meet that standard. in the affirmative, the ayes have it. today does not support the UN’s call for an The best support that we can give our close Ms. ROS-LEHTINEN. Madam Speak- immediate and verifiable cease-fire by both friend and ally Israel is by being an impartial er, on that I demand the yeas and nays. sides. and honest broker that can work with all inter- The yeas and nays were ordered. When a clear international consensus and ested parties in the region, Israelis and Pal- The SPEAKER pro tempore. Pursu- diplomatic efforts are beginning to coalesce estinians alike. I am wary about continuing to ant to clause 8 of rule XX and the and work towards a solution, why would the take actions that hinder the ability for the U.S. Chair’s prior announcement, further U.S. Congress want to consider a resolution to be seen as such a mediator and which may proceedings on this motion will be that takes a sharply different tack? throw more obstacles in the way of the incom- postponed. The resolution before us also differs in a ing administration foreign policy aims. f number of ways even from a similar resolution The ongoing military operations by Israel that the Senate passed just yesterday. That cannot and should not substitute for a credible LILLY LEDBETTER FAIR PAY ACT Senate resolution takes a much more serious long-term diplomatic solution reached with the OF 2009 approach and puts a greater and much need- help of the international agreement between Mr. GEORGE MILLER of California. ed emphasis on the proactive role the U.S. the Israelis and Palestinians that meets the Madam Speaker, pursuant to section needs to play to bring this latest crisis to a needs and aspirations of both sides that will 5(a) of House Resolution 5, I call up the close. The U.S. has a vast array of diplomatic prevent the return to an endless cycle of vio- bill (H.R. 11) to amend title VII of the and other tools that are at the disposal of the lence that guarantees that ‘‘security’’ and Civil Rights Act of 1964 and the Age President and his foreign policy advisers to peace remains elusive. Discrimination in Employment Act of help resolve international crises such as this. Innocent people on both sides want nothing 1967, and to modify the operation of the Now is the time to open that toolbox and ac- more than to live normal lives with peace and Americans with Disabilities Act of 1990 tively use those tools. dignity. While I cannot support this resolution and the Rehabilitation Act of 1973, to If anything has been clear from the last in its current form, I strongly encourage the clarify that a discriminatory com- eight years it is that when U.S. does not lead administration and the international community pensation decision or other practice and stay in engaged in regional diplomacy, the to undertake robust diplomacy to mediate a that is unlawful under such Acts occurs situation in the region will not get better. cross-border cease-fire and to continue to en- each time compensation is paid pursu- The EU, the UN, the Arab League all recog- gage in constructive activities, statements, and ant to the discriminatory compensa- nize that Israel’s military operations must be resolutions will help bring peace to the region tion decision or other practice, and for supplemented and supplanted by a diplomatic and address Israel’s real security needs. other purposes, and ask for its imme- resolution that will last. That is why the Egyp- Mr. FARR. Madam Speaker, have a long diate consideration. tians and the French are expending consider- record of supporting Israel and I have no in- The Clerk read the title of the bill. able efforts—in the absence of U.S. leader- tention of reversing course. My wish continues The text of the bill is as follows: ship—to forge a cease-fire agreement that to be that Israel will one day soon enjoy a H.R. 11 meets Israel’s needs, namely ending the firing lasting peace with its neighbors. Be it enacted by the Senate and House of Rep- of rockets into Israel and preventing Hamas The resolution before the House today is resentatives of the United States of America in from rearming while also addressing the hu- not an easy vote for me. I refuse to vote nay Congress assembled, manitarian needs of Gazans. Just yesterday, because I continue to support Israel’s right to SECTION 1. SHORT TITLE. Secretary Rice expressed verbal support for exist and to defend itself. But I cannot vote This Act may be cited as the ‘‘Lilly this initiative, stating that these efforts ‘‘should yea because in the midst of a humanitarian Ledbetter Fair Pay Act of 2009’’. not just be applauded, but must be supported’’ nightmare in Gaza, this resolution is silent on SEC. 2. FINDINGS. by the international community. But the resolu- the need for an immediate cease-fire and the Congress finds the following: tion fails to even bring it up. need to actively relieve human suffering. (1) The Supreme Court in Ledbetter v. The resolution before the House today also The resolution is right to condemn the rock- Goodyear Tire & Rubber Co., 550 U.S. 618 expresses support for ‘‘diminishing the appeal et attacks against Southern Israel. These at- (2007), significantly impairs statutory pro- tections against discrimination in compensa- and influence of extremists in the Palestinian tacks are crimes against humanity. The tion that Congress established and that have territories and strengthen moderate Palestin- Hamas rockets endanger thousands of lives, been bedrock principles of American law for ians who are committed to a secure and last- terrorize the Israeli populace and deny the decades. The Ledbetter decision undermines ing peace.’’ However, this resolution by its people of Israel and Gaza the peace they both those statutory protections by unduly re- lack of a call for U.S. engagement and lack of deserve. stricting the time period in which victims of

VerDate Nov 24 2008 03:45 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JA7.026 H09JAPT1 rfrederick on PROD1PC67 with HOUSE H114 CONGRESSIONAL RECORD — HOUSE January 9, 2009 discrimination can challenge and recover for suant to section 107(a) of such Act (42 U.S.C. Lilly Ledbetter worked for Goodyear discriminatory compensation decisions or 12117(a)), which adopts the powers, remedies, for nearly two decades. Just as she was other practices, contrary to the intent of and procedures set forth in section 706 of the retiring as supervisor in 1998, she found Civil Rights Act of 1964 (42 U.S.C. 2000e–5). Congress. out that her salary was 20 percent, 20 (2) The limitation imposed by the Court on (b) REHABILITATION ACT OF 1973.—The the filing of discriminatory compensation amendments made by section 3 shall apply to percent lower than that of the lowest claims ignores the reality of wage discrimi- claims of discrimination in compensation paid male supervisor. Not only was Ms. nation and is at odds with the robust appli- brought under sections 501 and 504 of the Re- Ledbetter earning nearly $400 a month cation of the civil rights laws that Congress habilitation Act of 1973 (29 U.S.C. 791, 794), less per month than her male col- intended. pursuant to— leagues, she also retired with substan- (1) sections 501(g) and 504(d) of such Act (29 (3) With regard to any charge of discrimi- tially smaller pension and Social Secu- nation under any law, nothing in this Act is U.S.C. 791(g), 794(d)), respectively, which adopt the standards applied under title I of rity benefits. A jury found that Good- intended to preclude or limit an aggrieved year in fact had discriminated against person’s right to introduce evidence of an the Americans with Disabilities Act of 1990 unlawful employment practice that has oc- for determining whether a violation has oc- Ms. Ledbetter because she was a curred outside the time for filing a charge of curred in a complaint alleging employment woman. She was awarded $3.8 million discrimination. discrimination; and in back pay and damages. This amount (4) Nothing in this Act is intended to (2) paragraphs (1) and (2) of section 505(a) of was reduced to $360,000 because of the change current law treatment of when pen- such Act (29 U.S.C. 794a(a)) (as amended by damage gap of title VII of the Civil sion distributions are considered paid. subsection (c)). (c) CONFORMING AMENDMENTS.— Rights Act. SEC. 3. DISCRIMINATION IN COMPENSATION BE- (1) REHABILITATION ACT OF 1973.—Section Despite the fact that the jury found CAUSE OF RACE, COLOR, RELIGION, SEX, OR NATIONAL ORIGIN. 505(a) of the Rehabilitation Act of 1973 (29 Goodyear guilty of discrimination, a Section 706(e) of the Civil Rights Act of U.S.C. 794a(a)) is amended— sharply divided Supreme Court in a 5– 1964 (42 U.S.C. 2000e–5(e)) is amended by add- (A) in paragraph (1), by inserting after ‘‘(42 4 opinion decided that while Goodyear ing at the end the following: U.S.C. 2000e–5 (f) through (k))’’ the following: discriminated against Ms. Ledbetter, ‘‘(3)(A) For purposes of this section, an un- ‘‘(and the application of section 706(e)(3) (42 her claim was made too late. They had lawful employment practice occurs, with re- U.S.C. 2000e–5(e)(3)) to claims of discrimina- tion in compensation)’’; and discriminated against her, but she was spect to discrimination in compensation in too late in making her claim. violation of this title, when a discriminatory (B) in paragraph (2), by inserting after compensation decision or other practice is ‘‘1964’’ the following: ‘‘(42 U.S.C. 2000d et Why was she too late? Because they adopted, when an individual becomes subject seq.) (and in subsection (e)(3) of section 706 of said that she had filed outside the 180 to a discriminatory compensation decision such Act (42 U.S.C. 2000e–5), applied to claims day statute of limitations because she or other practice, or when an individual is of discrimination in compensation)’’. did not file after they had taken their affected by application of a discriminatory (2) CIVIL RIGHTS ACT OF 1964.—Section 717 of secret executive action to pay Ms. compensation decision or other practice, in- the Civil Rights Act of 1964 (42 U.S.C. 2000e– 16) is amended by adding at the end the fol- Ledbetter less than her male counter- cluding each time wages, benefits, or other parts. The fact of the matter is, she did compensation is paid, resulting in whole or lowing: ‘‘(f) Section 706(e)(3) shall apply to com- not know that all of the time that she in part from such a decision or other prac- plaints of discrimination in compensation tice. was working because of the secrecy of under this section.’’. ‘‘(B) In addition to any relief authorized by that act. The practical result, the prac- (3) AGE DISCRIMINATION IN EMPLOYMENT ACT section 1977A of the Revised Statutes (42 tical result of the decision by this OF 1967.—Section 15(f) of the Age Discrimina- U.S.C. 1981a), liability may accrue and an ag- court, would be that as long as they tion in Employment Act of 1967 (29 U.S.C. grieved person may obtain relief as provided 633a(f)) is amended by striking ‘‘of section’’ could continue to hide the act, if they in subsection (g)(1), including recovery of and inserting ‘‘of sections 7(d)(3) and’’. could get past 180 days, Ms. Ledbetter back pay for up to two years preceding the SEC. 6. EFFECTIVE DATE. could be discriminated against and she filing of the charge, where the unlawful em- would not be able to recover anything. ployment practices that have occurred dur- This Act, and the amendments made by this Act, take effect as if enacted on May 28, ing the charge filing period are similar or re- The law has said for a very long time 2007 and apply to all claims of discrimination lated to unlawful employment practices with that when a decision was made which in compensation under title VII of the Civil regard to discrimination in compensation was discriminatory in its nature, every Rights Act of 1964 (42 U.S.C. 2000e et seq.), that occurred outside the time for filing a the Age Discrimination in Employment Act paycheck issued since that time was a charge.’’. of 1967 (29 U.S.C. 621 et seq.), title I and sec- continuation of the original discrimi- SEC. 4. DISCRIMINATION IN COMPENSATION BE- tion 503 of the Americans with Disabilities natory act and Ms. Ledbetter had 180 CAUSE OF AGE. Act of 1990, and sections 501 and 504 of the days and other plaintiffs had 180 days Section 7(d) of the Age Discrimination in Rehabilitation Act of 1973, that are pending to file from the last paycheck that was Employment Act of 1967 (29 U.S.C. 626(d)) is on or after that date. amended— issued. Ms. Ledbetter did that, but the (1) in the first sentence— The SPEAKER pro tempore. Pursu- Supreme Court saw otherwise. (A) by redesignating paragraphs (1) and (2) ant to section 5(a) of House Resolution So, what the Supreme Court is say- as subparagraphs (A) and (B), respectively; 5, the gentleman from California (Mr. ing is that employers would be allowed and GEORGE MILLER) and the gentleman to continue to discriminate against (B) by striking ‘‘(d)’’ and inserting ‘‘(d)(1)’’; from Minnesota (Mr. KLINE) each will employees without any consequences if (2) in the third sentence, by striking control 30 minutes. they could hide it for 180 days. That is ‘‘Upon’’ and inserting the following: The Chair recognizes the gentleman ‘‘(2) Upon’’; and simply unacceptable in the American from California. workplace, it is unacceptable to women (3) by adding at the end the following: Mr. GEORGE MILLER of California. in this country, and it is important ‘‘(3) For purposes of this section, an unlaw- Madam Speaker, I yield myself 5 min- ful practice occurs, with respect to discrimi- that we pass the Lilly Ledbetter Fair nation in compensation in violation of this utes. Madam Speaker, the 2007 Ledbetter Pay Act, which would reset the law as Act, when a discriminatory compensation businesses and most courts and em- decision or other practice is adopted, when a v. Goodyear Supreme Court ruling was a painful step backwards in the civil ployees and the EEOC had understood person becomes subject to a discriminatory it to be before the court’s dramatic rul- compensation decision or other practice, or rights in this country. Today, the when a person is affected by application of a House will vote once again to say that ing. discriminatory compensation decision or the ruling is unacceptable and must Under H.R. 11, every paycheck or other practice, including each time wages, not stand. other compensation resulting in whole benefits, or other compensation is paid, re- Nondiscrimination in the workplace or in part from an early discriminatory sulting in whole or in part from such a deci- is a sacred American principle. Work- pay decision or other practice would sion or other practice.’’. ers should be paid based upon their continue as a violation of title VII. SEC. 5. APPLICATION TO OTHER LAWS. merits and their responsibilities, not That is as it should be. That is as it (a) AMERICANS WITH DISABILITIES ACT OF was before the court spoke. 1990.—The amendments made by section 3 on the employer’s prejudices. Yet, shall apply to claims of discrimination in more than 40 years after the passage of In other words, each discriminatory compensation brought under title I and sec- the Civil Rights Act of 1964, the Su- paycheck would restart the clock for tion 503 of the Americans with Disabilities preme Court decided to dramatically filing a charge. As long as workers filed Act of 1990 (42 U.S.C. 12111 et seq., 12203), pur- turn back the clock. their charges, as Ms. Ledbetter herself

VerDate Nov 24 2008 01:18 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JA7.010 H09JAPT1 rfrederick on PROD1PC67 with HOUSE January 9, 2009 CONGRESSIONAL RECORD — HOUSE H115 did, within 180 days of the discrimina- creasing the opportunity for frivolous nized that when the pension structure tory paycheck, their charges could be and abusive litigation and exposing is put in place and the person gets considered as timely. employers to open-ended lawsuits in- their pension, the clock starts running, No worker should have to put a full definitely. Further, this bill would also and if the time expires after that, your day’s work in and get a paycheck at permit individuals to seek damages ability to make the claim expires after the end of the week that is based upon against employers for whom they never that. their gender, race or religion, without worked by allowing family members Finally, with respect to the point any recourse to justice. That is what and others who were never directly that is made about people who never this legislation will stop. It is funda- subjected to discrimination to become worked for the employer being able to mental and it is important. plaintiffs, even after the worker in sue, I think that is simply not an accu- This legislation also ensures that question is deceased. rate statement. What is true is if some- these simple reforms extend to the Age In the current economic climate, as one suffers discrimination and their es- Discrimination in Employment Act, the gentleman from California said, es- tate is owed money for what they the Americans with Disabilities Act pecially in this economic climate, we would have earned when they were and the Rehabilitation Act to provide cannot afford to enable endless litiga- working, the estate is absolutely enti- these same protections for victims of tion and potentially staggering record tled to recover that sum of money be- age and disability discrimination. Con- keeping requirements on employers. cause the man or woman who died necting pay discrimination poses sig- We also should be wary of the dev- would have recovered that. nificant challenges to workers, made astating effect this bill would have on b 1045 all the harder by the Supreme Court’s pensions by exposing employers to dec- Ledbetter decision. ade-old discrimination claims that So this is a good bill. There was an The reality is that most workers they have little ability to defend. This extensive hearing on this issue pre- don’t know what their coworkers are legislation could risk the retirement viously. I would urge the House to do making. Employers often prohibit em- security of millions of hard-working the right thing and adopt this bill. It ployees from discussing their pay with Americans. should not become the law of the land each other. We fix these problems also Madam Speaker, it is very clear that that if you’re an employer and can hide with the passage of the Paycheck Fair- this legislation amounts to a signifi- discrimination for 180 days you get ness Act. cant change in our civil rights laws. away with it. If the Ledbetter decision The court’s misguided decision is al- What is less clear are the answers to a stands, that’s what the law is. Let’s ready having very harmful con- number of relevant questions, many of change that law and adopt this bill. sequences far beyond Ms. Ledbetter’s which remain unanswered because of a Mr. KLINE of Minnesota. Madam case. According to The New York complete disregard for the normal leg- Speaker, I would like to ask unani- Times, the Ledbetter decision has been islative process. mous consent that we yield the re- cited in over 300 cases in the last 19 As you may know, not one legislative mainder of our time to the ranking months that have denied people the op- hearing was conducted on this bill in member on the Education and Labor portunity to provide for recovery. the last Congress. This bill has instead Committee (Mr. MCKEON) to control In this economy, especially in this been brought to the floor in haste, the time. economy, when every dollar counts to completely bypassing any deliberation The SPEAKER pro tempore. Is there every worker in this country, to pro- by me and my colleagues on the Com- objection to the request of the gen- vide for themselves or their families, mittee on Education and Labor. Surely tleman from Minnesota? to provide for the wherewithal to go such a monumental change to our civil There was no objection. through the daily life in America, we rights laws deserves more reflection. Mr. MCKEON. Madam Speaker, I cannot have people discriminated My concerns and unanswered ques- yield myself such time as I may con- against because of their gender. We can tions can only lead me to say that the sume. pass the Lilly Ledbetter Pay Act, and Ledbetter bill makes for bad policy Madam Speaker, I rise in opposition that will end that practice in the created through a poor legislative proc- to this ill-considered and overreaching American workplace. ess. I urge my colleagues to vote legislation. Proponents of this bill Mr. KLINE of Minnesota. Madam against this legislation. claim it simply reverses a May 29, 2007, Speaker, I yield myself such time as I Madam Speaker, I reserve the bal- U.S. Supreme Court decision and clari- may consume. ance of my time. fies congressional opposition to wage Madam Speaker, I rise today to op- Mr. GEORGE MILLER of California. discrimination. In reality, however, pose this seriously flawed legislation Madam Speaker, I yield 2 minutes to this bill will set into motion a series of before us. Not only would it amount to the gentleman from New Jersey (Mr. unintended consequences that will rip- a radical change to our civil rights ANDREWS), a subcommittee Chair of the ple through the economy and plague laws, it has come to us without the Education and Labor Committee. workers, small businesses, and the ju- benefit of the serious consideration and (Mr. ANDREWS asked and was given dicial system with a vast new legal debate due such a significant policy permission to revise and extend his re- minefield. shift. marks.) At the outset, let me make it clear The enthusiastic supporters of the Mr. ANDREWS. Madam Speaker, I that opposition to discrimination of Ledbetter Act want us to believe that thank my chairman for yielding. any type, be it gender discrimination, we are simply voting on a straight- I wanted to clear up what I think racial discrimination or any other type forward bill to reverse a Supreme were three inaccuracies in my friend of discrimination inside and outside Court decision involving discrimina- from Minnesota’s statement about the the workplace, is not confined to one tion in the workplace. bill. party or the other. Every Member of Unfortunately, Madam Speaker, that First of all, this bill will not extend this Chamber stands in strong opposi- isn’t the whole story. While this bill an endless statute of limitations. It re- tion to the unfair treatment of any would reverse a Supreme Court deci- stores the statute of limitations the worker. sion for the benefit of Lilly Ledbetter, law recognized until the ill-considered At the same time, I believe we must it would also dismantle the long- Ledbetter decision. It essentially says stand firmly behind a process that en- standing statute of limitations estab- you have 180 days after each paycheck sures justice for all parties, and that lished by the 1964 Civil Rights Act. to make your claim. If you don’t make includes protecting against the poten- That statute of limitations was deemed your claim, your claim expires. It tial for abuse and over-litigation. It is to be critical in that Supreme Court doesn’t extend the statute beyond that. my commitment to those principles decision. Second, with respect to pensions, the that requires me to vote no on this bill In so doing, this bill would set into bill makes it clear in the ‘‘findings’’ today. motion unintended consequences that section that the same law that applied For more than 40 years, title VII of its supporters simply are not willing to to pensions is not touched by this bill the 1964 Civil Rights Act has made it il- acknowledge, including radically in- at all. The courts have generally recog- legal for employers to determine an

VerDate Nov 24 2008 01:18 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.029 H09JAPT1 rfrederick on PROD1PC67 with HOUSE H116 CONGRESSIONAL RECORD — HOUSE January 9, 2009 employee’s pay scale based on his or I reserve the balance of my time. the employee would no longer have any her gender. This is a principle upon The SPEAKER pro tempore. Without legal remedy. which all of us, Democrats and Repub- objection, the gentleman from New Prior to the Supreme Court decision, licans alike, can agree. As such, cur- Jersey is recognized. employees could file suit against em- rent law provides that any individual There was no objection. ployers who were guilty of discrimina- wishing to challenge an employment Mr. ANDREWS. Thank you, Madam tory pay practices within 180 days of practice as discriminatory must first Speaker. any discriminatory act, not just the file a charge with the Equal Employ- I am pleased at this point to yield 2 initial decision to discriminate, so that ment Opportunity Commission within minutes to the gentlelady from Cali- each paycheck in which women were the applicable statute of limitations, fornia (Ms. WOOLSEY) in favor of this paid less than men for performing the which is either 180 or 300 days, depend- restoration of 40 years of civil rights same job would restart the 180-day pe- ing on his or her state of employment legislation. riod. The Supreme Court’s ruling in after the alleged workplace discrimina- Ms. WOOLSEY. Lilly Ledbetter went Ledbetter changed this, so that now, if tion occurred. to work at Goodyear Tires every day the discrimination is not discovered The statute of limitations was clear- for 19 years. She was one of the few fe- within 180 days, employers are now al- ly established in the law to encourage male supervisors at the plant, and she lowed to continue to discriminate, even the timely filing of claims which helps was an outstanding one, at that. She if the pattern of discrimination is well prevent the filing of stale claims and received awards for her work. known and acknowledged. protects against the abuse of the legal However, all of those years she was Unfortunately, the fact is that many system. Consider these ‘‘worst case’’ paid less than her male colleagues, 20 women, like Lilly Ledbetter, do not scenarios, for example: percent less by the time she retired, be- Without a statute of limitations in learn about the discrimination until cause of gender discrimination. much later. So under the Supreme place, an employee could sue for pay A jury agreed that she had been dis- discrimination resulting from an al- Court decision these women have no criminated against and awarded her remedy under civil rights laws. This leged discriminatory act that might over $3.8 million in back pay and dam- have occurred, 5, 10, 20 or even 30 years bill corrects the injustice and does so, ages. But the Supreme Court, the Fed- it does not make a so-called dramatic earlier. eral Supreme Court, reversed the deci- And without a statute of limitations change. Most of the country operated sion because it found that Lilly didn’t under this policy anyway. in place, it is entirely conceivable that file her claim within 180 days of the And also, the bill retains the 2-year a worker or retiree could seek damages initial decision to discriminate, even limit on past wages, so the burden of against a company run by employees though she had absolutely no idea at proof remains also on the plaintiff. So and executives that had nothing to do the time that she was being paid less any delay which erodes evidence would with the initial act of the alleged dis- than her male counterparts simply be- be a higher burden for the plaintiff. So crimination that occurred dozens of cause she was a woman. there’s no incentive to delay bringing years ago. The Lilly Ledbetter Fair Pay Act re- The bill before us would dismantle suit. stores the common and longstanding the statute of limitations and replace Madam Speaker, this is a common- understanding of employees, employers it with a new system under which sense application of what everyone and the circuit courts alike that, when every paycheck received by the em- thought the law was anyway. I com- it comes to discriminatory pay, the ployee allegedly discriminated against mend Chairman MILLER for bringing protection of title VII extends not only starts the clock on an entirely new the bill to the floor, and urge my col- to pay decisions and practices, but to statute. While fair-minded in principle, leagues to support it. each and every paycheck as well. this dramatic change in civil rights law Unfortunately, Lilly will not reap Mr. ANDREWS. Madam Speaker, I would have an incredibly far-reaching the benefits of this legislation. As a re- am pleased to yield, at this time, 1 impact, one that supporters of the bill sult, she will continue to feel the ef- minute to the gentlelady from Hawaii have yet to take the time to thor- fects of the Court’s wrongheaded deci- (Ms. HIRONO) who truly understands oughly and appropriately consider. In- sion for the rest of her life, through what’s wrong with the situation where deed, if this bill becomes law, the worst you get paid based on your gender. case scenarios I just described could smaller pension and Social Security benefits. But this bill will help other Ms. HIRONO. Madam Speaker, I rise become commonplace. And let’s not in strong support of H.R. 11, the Lilly kid ourselves: our Nation’s trial law- women, and it will also be a reminder that absolutely no employer can tell Ledbetter Fair Pay Act of 2009. And I yers would seize upon that. want to thank Chairman GEORGE MIL- Madam Speaker, this bill is not a their employees to keep their pay a se- LER for his continuing leadership and matter of tinkering around the edges cret. They can tell you that, but, in fact, they have no right and no legal dedication in bringing this bill to the as its supporters would have the Amer- floor. ican people believe. Rather, it is a fun- standing. H.R. 11 is needed because the U.S. Su- damental overhaul of longstanding So, along with bringing that to light, preme Court, in 2007, ruled in Ledbetter civil rights laws. this wonderful bill is a tribute to Lilly The last major change to these laws Ledbetter, who has paved the way for v. Goodyear that did not take into con- occurred more than 15 years ago, and other women. sideration the reality that discovering after several years of debate. Yet, here Mr. MCKEON. I have no further discriminatory pay at the outset is dif- we are, just hours into the 111th Con- speakers, so I will reserve our time. ficult for employees. The Court’s impo- gress, and without having held legisla- Mr. ANDREWS. Madam Speaker, I sition of 180 days to file a discrimina- tive hearings, a committee markup, or am pleased to yield at this time 2 min- tion claim is totally unrealistic and even an open-debate process on the utes to one of the civil rights cham- unfair. floor, voting on a highly flawed bill pions of this Congress, the gentleman When Lilly Ledbetter came to testify without any regard to its long-term from Virginia (Mr. SCOTT). before the Education and Labor Com- ramifications. Mr. SCOTT of Virginia. Madam mittee in 2007, I was moved by her I’m opposed to discrimination in the Speaker, I rise today in support of the story of justice denied. Ms. Ledbetter workplace, and I believe that workers Lilly Ledbetter Fair Pay Act. This leg- was deprived of lost wages compensa- must have a protected right to avail islation reverses the Supreme Court’s tion because she did not know she was themselves of legal protections when decision in the Ledbetter case in which being paid less than her male col- such discrimination occurs. That right the Court ruled that workers filing suit leagues until many years had passed exists today in carefully crafted civil for pay discrimination must do so since her employers made the initial rights law that ensures fairness and within 180 days of the original decision decision to discriminate. justice for all parties. Unfortunately, to discriminate against them. After the This bill restores fairness to any em- the bill before us is neither fair nor 180 days from the initial decision to ployee who has been paid less than just, and for that reason, I will oppose discriminate, the employer could con- their coworkers. I urge my colleagues it. I urge my colleagues to do likewise. tinue its discriminatory practices and to support the Lilly Ledbetter Fair

VerDate Nov 24 2008 03:45 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.031 H09JAPT1 rfrederick on PROD1PC67 with HOUSE January 9, 2009 CONGRESSIONAL RECORD — HOUSE H117 Pay Act, as well as the Paycheck Fair- claims outside the statute of limita- There was pay discrimination as well. ness Act also being debated this morn- tions where it is fair and equitable for There’s no doubt about that. Now, she ing. them to do so. For example, a court couldn’t recover for it because the Su- Mr. MCKEON. Madam Speaker, I may choose to do so in a case where an preme Court said she hadn’t acted. By yield myself such time as I may con- employer withheld critical information the end of her career, she was making sume. or otherwise misled an employee into nearly $7,000 less than the lowest paid As we debate this legislation, Madam sleeping on his or her rights. man in the same position. Speaker, I must point out that the In short, Madam Speaker, the lack of Both kinds of discrimination were myths propagated by our friends in the candor from this bill’s proponents is founded on the belief that women in majority are almost too much to take, clouding the debate, and I feel it is my the workplace are second-class citi- so I’d like to take a few moments to duty to set the record straight. zens. I hope there are no women in dispel some of their more disingenuous With that, I reserve the balance of America who believe that, and I would claims. my time. hope there are no men in America who We’ve heard them claim, for example, Mr. ANDREWS. Madam Speaker, I believe that. I say that as a father of that H.R. 11 merely restores prior law am pleased at this time to yield to the three women, as the grandfather of two by reversing the Supreme Court’s majority leader of the House of Rep- granddaughters and as the great grand- Ledbetter decision. If indeed this bill resentatives, who will lead us to re- father of a 2-year-old young woman. was intended simply to reverse the de- verse this unfortunate Court decision Of the two, the unfair pay may have cision, it would have been written to do today, the gentleman from Maryland been the most damaging, between the just that. However, it wasn’t. As we (Mr. HOYER) for 1 minute. sexual discrimination and the pay dis- have discussed, current law provides Mr. HOYER. I thank the gentleman crimination. The sexual discrimina- that an individual wishing to challenge from New Jersey. I thank Chairman tion, obviously, is abhorrent, but the an employment practice as discrimina- MILLER from California. I thank my pay discrimination diminished Lilly tory must first file a charge with the friend Mr. MCKEON as well for the con- Ledbetter’s opportunities in our coun- Equal Employment Opportunity Com- sideration of this debate. try. mission within the applicable statute We’ve passed this bill before, prop- There has been a lot said on this of limitations. erly so. Unfortunately, it didn’t pass floor about ‘‘it’s their money, and they Let’s be perfectly clear. This was the the Senate. It wasn’t signed by the know how to spend it better,’’ and law both before and after the 2007 Su- President. That will not happen this we’ve talked about that in terms of tax preme Court decision. This bill would time. We will pass this bill. My belief is bills. ‘‘It’s their money, and they know dismantle that statute of limitations the Senate will pass this bill, and the how to spend it better.’’ If that’s the and replace it with a new system in President of the United States will sign case, then I would hope that this bill which every paycheck received by the it. Why? Because it’s the right thing to would pass unanimously to make sure employee allegedly discriminated do. that their money, which they earn fair- against starts the clock on an entirely I listened to my friend in his con- ly, is paid to them so they then can use new statute. In other words it restores versation, but frankly, it somewhat be- it as they see fit. nothing. Rather, it totally guts current lies the fact that there came a case to Ms. Ledbetter might have been in the law and leaves the door open for trial the Supreme Court, and the Supreme dark to this day; they may have kept it lawyers to have a veritable field day. Court had to rule on the case, and the a secret because people, particularly in Supporters of this bill also tell us Supreme Court ruled on the statute of the private sector, don’t go around, that with hundreds of charges of gen- limitation. saying, ‘‘Well, I make X and you make der-based pay discrimination filed with The value of work, of course, Madam Y.’’ In fact, a lot of employers tell the Equal Employment Opportunity Speaker, lies in a job well done, not in their employees, ‘‘Don’t tell people Commission each year, numerous the gender of the worker. I don’t think what you make.’’ Lilly Ledbetter claims will never be brought to justice there is a man or a woman in this didn’t know how badly she was being without this legislation. Chamber who would disagree, but all discriminated against. Once again, nothing could be further too often in America, sexism, frankly, A coworker, however, gave her proof from the truth. The right to each and cheats women out of equal pay and of what her employer was doing to her. every EEOC pay discrimination claim equal worth. It still robs women of Such silent discrimination is surpris- exists today, just as it has since the their equal right to earn a livelihood, ingly common because it is so difficult 1964 Civil Rights Act. This bill does not to provide for their families and to se- to identify. After all, how many of us restore any rights because these rights cure the dignity of their labor. It does know what the salaries of our cowork- never were taken away. Current law al- much of its worst work in the dark. ers are? As I said, we do. My friend lows an individual to challenge an em- Frankly, women in this body all from California knows that she makes ployment practice as discriminatory know that they make the same thing the same thing as Mr. MILLER makes, by first filing a charge with the EEOC as the men in this body. Why? Because and that’s appropriate. They are both within the applicable statute of limita- it’s public information, but if it were elected; they both have the same job; tions. This bill does not establish any secret information, notwithstanding they both work hard, and they’re paid new rights, and its supporters know the fact that we had a number of the same. this perfectly well. women vote against this the last time Lilly Ledbetter took her employer to Finally, the bill’s supporters claim it was up, I would be shocked that they court, but the Supreme Court finally that unless this bill becomes law, vic- would do so again if they were put in ruled against her. So, apparently, there tims of pay discrimination will have no the position of making $25,000 less than is a problem somewhere, not because recourse unless they file a claim within those of us who are males, doing ex- she was making it all up but because 180 or 300 days of that decision. Unfor- actly the same job. That is the posi- she had failed to file suit 180 days after tunately, the majority refuses to ac- tion, of course, Lilly Ledbetter found her first unfair paycheck. Now, that knowledge clear protections against herself in. adopts the premise that the subsequent such a scenario. So many of us know by now that paychecks somehow were not in viola- First, employees who believe they Lilly Ledbetter was precluded from re- tion of the law. They were. Every time are victims of pay discrimination may covery. For almost two decades, from she was paid discriminatorily, it was also have recourse under the Equal Pay 1979 to 1998, she was a hardworking tire another violation of the law. In fact, Act, which is not subject to the Equal plant supervisor. For much of her ca- the 180 days should have run from the Employment Opportunity Commission reer, she suffered from two kinds of dis- last violation of the law, which, of 180 to 300 days filing requirements. crimination simultaneously—from sex- course, was the last time she was paid ual harassment when a manager said to in a discriminatory fashion. You have 6 b 1100 her face that women didn’t belong in a months to find out you’re being paid Through a variety of legal doctrines, factory to the supervisor who tried to unfairly or you’re out of luck for a life- courts already allow plaintiffs to file coerce her into a sexual encounter. time.

VerDate Nov 24 2008 03:45 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.033 H09JAPT1 rfrederick on PROD1PC67 with HOUSE H118 CONGRESSIONAL RECORD — HOUSE January 9, 2009 The Supreme Court’s flawed ruling port for H.R. 11, the Lilly Ledbetter The Lilly Ledbetter Fair Pay Act ignored the real-world facts of dis- Fair Pay Act of 2009. I thank Chairman would correct this wrong by clarifying crimination, and it has the potential to MILLER of the Education and Labor that every paycheck resulting from a harm thousands of women, indeed, hun- Committee for his leadership on this discriminatory pay decision con- dreds of thousands and millions of issue. stitutes a violation of the Civil Rights women and their children and their As a member of the Education and Act and that employees have 180 days families and our communities and soci- Labor Committee, I had the oppor- after each discriminatory paycheck to ety, leaving victims of pay discrimina- tunity to hear firsthand Ms. file suit. tion without any recourse. Ledbetter’s story when she testified be- When the Supreme Court sanctions As Justice Ginsburg said—and she fore the committee in June of 2007. Her discrimination through technicalities, put it in as a strong dissent—‘‘Pay dis- experience is, indeed, appalling, but it is the job of Congress to clarify the parities often occur . . . in small incre- Ms. Ledbetter is not the only victim in intent of the law. I am pleased that our ments; cause to suspect that discrimi- this case. The Supreme Court’s deci- first action in the 111th Congress is to nation is at work develops only over sion makes it harder for all employees stand up for American workers by in- time. Comparative pay information, to challenge pay discrimination. validating this misguided ruling. moreover, is often hidden from the em- The Lilly Ledbetter Fair Pay Act re- Once again, I commend my chairman, ployee’s view . . . Small, initial dis- stores the integrity of our Nation’s pay Chairman MILLER, and I urge all of my crepancies may not be seen to meet the discrimination protections by clari- colleagues to vote for H.R. 11. Federal case, particularly when the fying that every discriminatory pay- Mr. GEORGE MILLER of California. employee, trying to succeed in a non- check represents a new violation of the I yield 2 minutes to the gentlewoman traditional environment, is averse to law, restarting the clock on the statute from Connecticut (Ms. DELAURO). making waves.’’ of limitations. It restores the protec- Ms. DELAURO. I rise in support of That’s what Justice Ginsburg said. tions, because prior to the Supreme the Lilly Ledbetter Fair Pay Act, and So, apparently, Justice Ginsburg Court’s ruling, the EEOC and most cir- I commend Chairman MILLER for his thought there was a problem to which cuit courts understood the law the leadership and for his tireless efforts we ought to respond, which is what is same way, that each discriminatory that have brought us so far. happening today. paycheck restarted the clock. We are here today because Lilly ‘‘The ball,’’ Justice Ginsburg con- The Supreme Court’s ruling changed Ledbetter got short-changed, short- cluded, ‘‘is in Congress’ court . . . The all of this, putting all workers at a dis- changed by her employer—the perpe- legislature may act to correct this advantage, threatening the integrity of trator of consistent pay discrimination Court’s parsimonious reading.’’ all pay discrimination protections, not lasting years—and short-changed again That is what we are doing today. just gender-based pay discrimination. by the Supreme Court. That is the right thing to do for our We have an opportunity today to clar- A jury found that, yes, Lilly country. It is the right thing to do for ify the law, to strengthen our anti- Ledbetter had been discriminated women. It is the right thing to do for discrimination protections and to move against by her employer, and they our families, and that is the aim of the one step closer to ensuring the right of awarded her $3.8 million in back pay Lilly Ledbetter Fair Pay Act. every worker to equal pay for equal and damages. Then under Title VII, This bill gives employees a fair time work. limit to take action against discrimi- I am a proud cosponsor of this legis- this award was reduced to $360,000, ulti- nation. A 180-day limit will still stand, lation, and I urge my colleagues to sup- mately to zero, when the Supreme but the clock is reset after each viola- port it as well. I ask them to support it Court ruled 5–4 against her last year, tion of the law, as it should be, not not only for themselves but for those drastically limiting women’s access to simply after the first one, and that who will come after us. It is critical seek justice for pay discrimination change fits our commonsense under- that we have an understanding, and based on gender, requiring workers to standing of pay discrimination. It is when the courts face these issues file a pay discrimination claim within not a single act but an ongoing prac- again, it must be very clear what was a 6-month period only, regardless of tice that is renewed every time the em- intended by Congress. how long the pay inequity goes on. ployer signs an unfair paycheck. Mr. GEORGE MILLER of California. When women still earn only about 78 Madam Speaker, pay discrimination I yield 2 minutes to the gentleman percent of what men earn, this ruling anywhere is an attack on the dignity of from Illinois (Mr. HARE), a member of essentially rolled back efforts to en- every woman in every workplace in the committee. sure equal pay and left women with lit- America. When workers face unfair Mr. HARE. Madam Speaker, I rise in tle remedy. pay, they should find us standing by strong support of H.R. 11, the Lilly b 1115 Ledbetter Fair Pay Act. I commend my their side, not throwing up technical- Justice Ginsberg suggested in her ities and roadblocks on the way to chairman, Chairman MILLER, for bring- ing this important legislation forward. dissent, ‘‘Congress has an obligation to equality. correct the Court’s decision.’’ That is For that reason, I urge every one of Last year, I, too, had the privilege of why we introduced and passed the Lilly my colleagues, male and female, Rep- hearing Ms. Ledbetter testify before Ledbetter Fair Pay Act last year, resentatives of all of the people who the Education and Labor Committee. clearly stating the title VII statute of ought to have equal opportunity under After 19 years as a Goodyear employee, limitation runs from the date a dis- the law. This accomplishes that objec- Ms. Ledbetter discovered she was paid criminatory wage is actually paid, not tive. Vote for this important piece of significantly less than every single one simply some earliest possible date legislation. of her male counterparts. She sued the The SPEAKER pro tempore. Without company. She took her case all the which has come and gone long ago. In- objection, the gentleman from Cali- way to the Supreme Court. Ignoring a stead, you would be able to challenge discriminatory paychecks as long as fornia (Mr. MILLER) is recognized. previous court’s judgment to award Ms. There was no objection. Ledbetter damages for pay discrimina- you continue to receive them. Mr. GEORGE MILLER of California. tion, the Supreme Court threw out the Earlier this week, Lilly Ledbetter May I inquire of the Chair my time re- case based on a technicality. wrote to the entire Congress, ‘‘I may maining? The Court’s decision ignores the re- have lost my personal battle, but I The SPEAKER pro tempore. The gen- ality of the workplace where employ- have not given up. I am still fighting tleman from California (Mr. MILLER) ees generally don’t know enough about for all of the other women and girls out has 171⁄2 minutes remaining. what their coworkers earn or how deci- there who deserve equal pay and equal Mr. GEORGE MILLER of California. sions regarding pay are made to file a treatment under the law.’’ I yield 2 minutes to the gentlewoman complaint right when discrimination Madam Speaker, ensuring pay equity from New Hampshire (Ms. SHEA-POR- first occurs. Under this decision, em- can help families gain the resources TER), a member of the committee. ployees in Ms. Ledbetter’s position are they need to give their children a bet- Ms. SHEA-PORTER. Madam Speak- forced to live with discriminatory pay- ter future, the great promise of the er, I rise today to voice my strong sup- checks for the rest of their careers. American Dream. Let us make good on

VerDate Nov 24 2008 01:39 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.035 H09JAPT1 rfrederick on PROD1PC67 with HOUSE January 9, 2009 CONGRESSIONAL RECORD — HOUSE H119 that promise, pass this bill, and make I thank the chairman of the Edu- 77 cents for every dollar earned by a sure women who face the discrimina- cation and Labor Committee, Mr. MIL- man, and the promise of pay equity re- tion that Lilly Ledbetter faced have LER, for his tremendous leadership, as mains unfulfilled. And the Supreme the right to fight against it. well as Representative ROSA DELAURO Court’s Lilly Ledbetter decision makes Mr. GEORGE MILLER of California. for her commitment. And I rise today it almost impossible to challenge Fed- Madam Speaker, I yield 2 minutes to in strong support of this bill. eral discrimination. the gentleman from New York (Mr. Madam Speaker, I wish this legisla- This bill will overturn that decision. MCMAHON). tion were not necessary. But, sadly, Last year, the Subcommittee on the Mr. MCMAHON. Thank you, Mr. nearly 45 years after the Civil Rights Constitution, Civil Rights, and Civil Chairman. Act of 1964, pay discrimination still ex- Liberties, which I chair, held a hearing I rise today as a cosponsor of H.R. 11, ists; and in one fell swoop, in the on the Ledbetter case and heard di- the Lilly Ledbetter Fair Pay Act. The Ledbetter case, the Supreme Court rectly from Lilly Ledbetter who elo- Supreme Court’s Ledbetter decision made it immensely easier for discrimi- quently described the terrible injustice has made it significantly harder for nation to prevail at the expense of of the Court’s decision. women and other workers to hold em- women and their families across this The Court held that although Ms. ployers accountable for pay discrimi- country, and that is unacceptable. Ledbetter had lost thousands of dollars nation. The Court’s reasoning lacks The Court held that Lilly Ledbetter of pay because of intentional sex dis- common sense about the realities of would have had to file a complaint crimination, she could not sue because workplace discrimination, and com- within 180 days of when her employer the employer had successfully hidden pletely disregards the intent behind began years of discrimination against its own misconduct and discrimination our robust civil rights laws. her even though there was no way that for more than 6 months. This decision Now we in Congress must correct this she could have known that she was makes it almost impossible to enforce injustice, and H.R. 11 seeks to do just being discriminated against. The the right to be paid the same regard- that. Court, in effect, eliminated any real less of race or sex, et cetera. This must As a father and husband, I think it’s opportunity for victims of long-term be changed, and this bill changes that. shameful that by 2009 we haven’t been gender-based pay discrimination to be The need for the Paycheck Fairness able to close the gender wage gap. made whole and provided employers Act is equally clear. Unfair pay dispari- Should my wife, who was recently who engage in pay discrimination for ties require workers and their families elected to serve as Staten Island’s first years to do so without consequence. to live on less than they rightfully de- woman Supreme Court justice, receive Let’s pass this bill. serve and reduce retirement earnings. a lower salary than her male counter- Mr. ANDREWS. Madam Speaker, I I urge adoption of both bills. parts simply because of her gender? am pleased to yield 1 minute to a Mr. ANDREWS. Madam Speaker, it is I worry about my high school-aged strong and consistent voice for the my distinct and humble privilege to daughter and hope that when she en- rights of all people in this Congress, yield 1 minute to a person of great ters the workforce, she will have the the gentlelady from California (Mrs. strength and dignity and leadership, same opportunities as her male col- CAPPS). the Speaker of the House of Represent- leagues. As asked by the majority lead- Mrs. CAPPS. I thank my colleague. atives, the gentlelady from California. er, if she were elected to the House Madam Speaker, I rise in full support Ms. PELOSI. Madam Speaker, I today, should she be paid $145,000 while of H.R. 11. I was extremely proud last thank the gentleman for yielding. the men receive $165,000? I say, No. year when the House swiftly acted to I want to commend him for his ex- Is this America’s promise to our pass the Lilly Ledbetter Fair Pay Act. traordinary leadership, his attention to young women? To my wife? To my The Supreme Court had made a ter- this issue of concern to America’s fam- daughter? Enactment of the Lilly ribly misguided decision and failed to ilies. I thank him, I thank his chair- Ledbetter Fair Pay Act will ensure fully recognize the rights of women to man, GEORGE MILLER, for championing that when women face discrimination seek remedy for pay discrimination. this issue in the committee and on the in the workplace, they will be able to And how proud I am today that we floor. fight for and protect their rights to are wasting no time and again passing And I want to particularly salute fair, equal treatment. legislation to clarify that victims of Congresswoman ROSA DELAURO for I recently visited Wagner College in pay discrimination should not be pun- being a relentless advocate. Ten years my district and met with the next gen- ished because they were not aware of ago, she introduced the Pay Equity eration of working women. I made a the discrimination against them ear- Act, and she has been working on it for promise to all of the young women of lier. a long time; and over the years, our Staten Island and Brooklyn that I The Civil Rights Act exists to protect ranks have grown of those who recog- would work hard in Congress to change individuals precisely when they find nize the importance of this legislation. the practices that permit women to themselves in the situation Lilly I am particularly happy today, my earn only 77 cents on every dollar made Ledbetter found herself in, and it was colleagues, because on Tuesday we by men. swore in a new Congress. It was a re- I thank the House leadership, and es- never meant to be interpreted in a way sult of an election where the American pecially the gentleman from California that provides a loophole for employers to discriminate—if they can just make people spoke out very clearly for (Mr. GEORGE MILLER) for allowing me change. And in the very first week of to be part of this historic moment here sure that their employees are kept in this new Congress, the change that we today. Let us put to rest the age-old the dark for 6 months. want to make is in the lives of Amer- problem of sex-based discrimination. Lilly Ledbetter will never be com- I urge my colleagues to vote yes on pensated for decades of discrimination ica’s families. the Lilly Ledbetter Fair Pay Act, H.R. by her employer, but let us ensure that This legislation hits home. It helps 11, and on H.R. 12, the Paycheck Fair- none of our sisters, our daughters, our America’s working women meet the ness Act. granddaughters are ever punished in challenges that their families face eco- The SPEAKER pro tempore. Without the same way. nomically, and it is about ending dis- objection, the gentleman from New I urge my colleagues the vote yes for crimination. So I thank all of our col- Jersey is recognized. the Ledbetter Fair Pay Act. leagues who worked so hard over the There was no objection. Mr. ANDREWS. Madam Speaker, I years to put this forward. We passed it Mr. ANDREWS. Thank you, Madam am pleased at this time to yield 1 in the House in the last Congress. We Speaker. minute to the gentleman from New passed the Lilly Ledbetter bill, really a I am pleased to yield 1 minute to a York (Mr. NADLER), a strong voice for real tribute to a heroine, a woman who member of the Rules Committee, the civil liberties. is a heroine. She took her personal gentlelady from Ohio (Ms. SUTTON). Mr. NADLER of New York. Madam story and she is making change for all Ms. SUTTON. I thank the gentleman Speaker, it’s been 46 years since Con- working women in American. for the time and for his leadership on gress passed the Equal Pay Act of 1963. That the Supreme Court would have this issue. Yet women still earn on average only ruled against her after she had won one

VerDate Nov 24 2008 03:45 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.037 H09JAPT1 rfrederick on PROD1PC67 with HOUSE H120 CONGRESSIONAL RECORD — HOUSE January 9, 2009 court challenge after another speaks to It is high time for the United States she waited too long to seek relief even the need for this legislation. And the to end gender discrimination in the through she had no way of knowing she was courts have spoken to Congress’ ability workplace and to start paying women paid less. The Supreme Court’s decision to change the law if they do not agree equal pay for an equal day’s work. means that if an employer discriminates in with what the law had been before. As the Democratic co-Chair of the paying a women but she isn’t aware of it for So here we are. This is the day. We Congressional Caucus on Women’s six months, the employer can continue to dis- campaigned all over the country. This Issues, I’m particularly concerned criminate for years or even decades under an issue of pay equity and Lilly Ledbetter about how the downturn in the econ- immunity shield that gives that woman no legislation was part of the campaign. omy will impact women and their fam- legal recourse. This woman from Alabama stood be- ilies. Today in the United States of In other words, if employers can just keep fore crowds and talked about her per- America, women earn just 78 cents for under paid women in the dark for 180 days, sonal experience. It was painful to ex- every dollar earned by a man. African they are free to deny her fair pay and leave perience it, yet she used her own situa- American women earn just 63 cents on her to attempt to meet her family’s expenses tion to make life better for others. I’m the dollar, and Latinas earn only 53 on a salary that denies her rightful payment. sorry she cannot be with us here today, cents for each dollar males earn, and Women should be allowed to seek legal rem- but I hope she knows how deeply grate- single women earn just 56 cents for edies for employment discrimination and the ful we all are to her because her case every dollar earned by a man. Lilly Ledbetter Fair Pay Act would remove ex- showcased the need for this legislation. isting barriers that prevent women from turning And again, in terms of pay equity, b 1130 to the courts for help. I’m a mother of four daughters and one These alarming statistics, coupled It is time that we help the many women this son; and for all of them, this is impor- with the fact that women are losing 21st century. Its time we make fairness the tant legislation. Many colleagues in their jobs at a frightening rate, makes law of the land. this House—we have many women passing the Equal Pay Act even more Finally, I would strongly recommend to all Members of the House now, many more important, and I thank ROSA DELAURO we want, but we have fathers of daugh- for her leadership on that legislation. my colleagues if you want to do the right ters, and those fathers of daughters But the Lilly Ledbetter Fair Pay Act thing, if you want to be on the side of the know that their daughters are capable provides adequate legal protections for women in your district, and if you do not want of doing anything they set out to do wage discrimination. Lilly Ledbetter to be on the wrong side of history, cast a and that the value that is placed on worked for 19 years at a Goodyear Tire proud yes vote for the Paycheck Fairness Act them in the workplace is the same plant and was routinely paid less than and the Lilly Ledbetter Fair Pay Act. value that is placed on young men and her male colleagues, including in her Mr. ANDREWS. Madam Speaker, men of whatever age. last paycheck. Unfortunately, the may I inquire as to the time left on So I speak, really, from the heart on United States Supreme Court, in es- each side? this in terms of what it means to sence, said to employers, if you can The SPEAKER pro tempore. The gen- women in their lives, to what it means just keep your underpaid women in the tleman has 4 minutes remaining. The to women in their homes, what it dark for 180 days, then you’re free to gentleman from California (Mr. means to them in the workplace, what deny her fair pay and leave her to at- MCKEON) has 20 minutes remaining. it means to them in their role in the tempt to meet her family’s expenses on Mr. ANDREWS. Madam Speaker, at economy, and what it means to them a salary that denies her rightful pay- this time, I would be pleased to recog- in their retirement because if women ment. nize for 1 minute a gentlelady who once are not paid fairly in the course of My colleagues, in this 21st century, chaired the Equal Employment Oppor- their work years, it has an impact on it’s time we made fairness the law of tunity Commission, who is the House’s their retirement as well. the land. leading expert on this statute, the So for the benefit of our economy— Madam Speaker, I rise today in support of gentlelady from the District of Colum- because this has an impact on our en- two critical pieces of legislation, the Lilly bia (Ms. NORTON). tire economy—I want to salute all who Ledbetter Fair Pay Act and the Paycheck Fair- Ms. NORTON. I thank the gentleman have brought us to this day. I think it’s ness Act. It is high time for the U.S. to end for his hard work and for his leader- a happy day for our country, and as gender discrimination in the workplace and ship. Speaker of the House, I’m particularly start paying women equal pay for an equal It’s a rare privilege to cosponsor a pleased that in the first week of the day’s work. bill about a law that I once enforced, new Congress, this is the primary legis- As the Democratic Co-Chair of the Congres- but no pleasure at this time because it lation that we are putting forward. Pay sional Caucus on Women’s Issues, I am par- takes me back to the future, repeating equity, fairness to women in the work- ticularly concerned about how the downturn in what Congress did on this floor more place, the Lilly Ledbetter Act. These the economy will impact women and their fam- than 40 years ago, permitting only are our priorities. what the act previously enforced, ex- I hope that we will have a big strong ilies. Today, in the U.S.A. women earn just 78 actly as it was when I chaired the vote in the Congress today so the mes- cents for every dollar earned by a man. Afri- Equal Employment Opportunity Com- sage will go out that this Congress has can American women earn just 63 cents on mission, both before and since that heard the message of change in the the dollar, Latinas earn only 53 cents for each time. election, that this Congress knows the dollar males earn and single women just 56 needs of America’s women, that this cents for every dollar earned by a man. These The plaintiff in a discrimination suit Congress is prepared to be relevant in alarming statistics coupled with the fact that carries a heavy burden; Congress never its action, relevant to the concerns of women are losing their jobs at a frightening meant it to be an impossible burden. America’s working families. rate makes passing pay equity legislation even This is secret information—the pay of I thank all of you for what you do, more important. your coworkers. There is no way for and I urge all of our colleagues to join I thank ROSA DELAURO for her leadership on you to know that kind of information all of us in supporting this important this legislation. The Paycheck Fairness Act will any more than you know the health legislation. help put women’s wages on par with those of condition of your coworkers. There- Mr. ANDREWS. Madam Speaker, I their male colleagues. fore, what we usually do in enforce- am pleased to yield at this time 11⁄2 We must also pass the Lilly Ledbetter Fair ment is give an incentive for the em- minutes to the gentlelady from Chi- Pay Act to provide adequate legal protections ployer to contain his liability through cago (Ms. SCHAKOWSKY) who is the from wage discrimination. Lilly Ledbetter self-remediation. The moment he finds Democratic leader of the bipartisan worked for 19 years at a Goodyear Tire plant the problem, he can contain his liabil- Women’s Caucus in the House. and was routinely paid less than her male col- ity by in fact correcting the problem. Ms. SCHAKOWSKY. Madam Speaker, leagues including her last paycheck. Unfortu- Essentially what the Supreme Court I rise today in support of two critical nately the U.S. Supreme Court in essence has done is to perversely invite him to pieces of legislation, the Lilly compounded this problem when it overturned hold out for 180 days, and then it’s all Ledbetter Fair Pay Act and the Pay- the lower court and denied her the right to over, no matter how much discrimina- check Fairness Act. seek relief from our legal system by telling her tion.

VerDate Nov 24 2008 01:39 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.039 H09JAPT1 rfrederick on PROD1PC67 with HOUSE January 9, 2009 CONGRESSIONAL RECORD — HOUSE H121 This is a bill that must be passed be- Mr. MCKEON. Madam Speaker, may I tions contained in current law, and in cause it already was passed more than inquire as to how many further speak- doing so would allow an employee to 40 years ago. ers there are? bring a claim against an employer dec- Mr. ANDREWS. Madam Speaker, I Mr. ANDREWS. Madam Speaker, we ades after the alleged initial act of dis- am pleased at this time to yield 1 have one further speaker, and then we crimination occurred. Trial lawyers, minute to the gentlelady from New would anticipate closure from the mi- you can be sure, are salivating at this York, a leader on the Equal Rights nority, in which case we would then very prospect. Amendment Campaign, Mrs. MALONEY. close. Madam Speaker, this is a bad bill Mrs. MALONEY. This is a very im- Madam Speaker, I am pleased to that is the result of an equally bad portant bill for working women in our yield 30 seconds to a new Member, who process. I urge my colleagues to join country. The bill overturns the unfair is already making a very positive mark me in opposing this bill. Ledbetter decision where five members on this very important issue, the gen- Madam Speaker, I yield back the bal- of the Supreme Court basically told tleman from Virginia (Mr. CONNOLLY). ance of my time. employers everywhere that if you can Mr. CONNOLLY of Virginia. I thank Mr. ANDREWS. Madam Speaker, I just get away with cheating an em- my colleague for giving me 30 seconds. yield myself the balance of our time. ployee—usually a woman—for 6 months I think today we right a wrong, a Madam Speaker, Lilly Ledbetter won and not have them call you on it, you wrong not only about discrimination, an award for being the best at her job have our permission to continue to but, frankly, a wrong done in the Su- in her company. She was woefully un- cheat them for the rest of their work- preme Court of the United States. The derpaid compared to the men along ing life with you, and there is abso- convoluted logic employed by a major- whom’s side she worked doing the same lutely nothing you can do about it. The ity on that Supreme Court is also an job. She said that she was underpaid message is immoral and against all injustice we, today, need to overturn. because she was a woman, the em- commonsense. If you cheat and nobody And so I’m so pleased to cast one of my ployer said she was underpaid because catches you in the first 6 months, it’s first votes today on behalf of my she wasn’t as good at her job. So they okay. daughter and all of the daughters of both went before a jury of their peers A jury of Ledbetter’s peers ruled that America to right this wrong. in Alabama, and the jury unanimously in fact she had economically been dis- Mr. MCKEON. Madam Speaker, I decided that Ms. Ledbetter was right criminated against. The only question yield myself the balance of my time. and the employer was wrong, and they Madam Speaker, these are serious was, can someone cheat you week after decided that she should be financially times. The economy is facing chal- week, year after year and receive a get- compensated for that wrong. But then lenges like none we’ve faced in decades, out-of-jail-free card if they don’t get she got an unwelcome surprise, that and this time those challenges are on a caught in the first 6 months they because she hadn’t acted at precisely global scale. cheat? the right moment, because she hadn’t The U.S. Department of Labor re- acted against a wrong she did not know As Ruth Bader Ginsburg said in her leased its December jobs report this existed yet, because she did not have stinging rebuke to the Supreme Court, morning, and the news is jarring. The the power of a stance, she could not file ‘‘The Court does not comprehend or is U.S. economy shed some 524,000 jobs in her claim. indifferent to the way in which women the month of December, and total job The Supreme Court, with all due re- can be victims of pay discrimination.’’ losses for 2008 have reached 2.6 million. spect, turned this law into a trap and a It’s a very important bill. Thank There are now 11 million Americans game. Today, we are recorrecting that you, Ruth Bader Ginsburg. out of work, and the unemployment law, restoring the notion that when a Mr. ANDREW. Madam Speaker, I am rate has climbed upward to 7.2 percent, woman goes to work in this country, pleased to yield 1 minute to the ener- the highest level since 1993. she should be compensated on how getic and strong young lady from Flor- The 111th Congress was sworn in this good she is at her job, not her gender. ida, my friend, Ms. WASSERMAN week amid these troubling indicators. Vote ‘‘yes’’ on this bill. SCHULTZ. What we do on this floor has the poten- Mr. DINGELL. Madam Speaker. I am Ms. WASSERMAN SCHULTZ. tial to help, but it also has the poten- pleased to rise today to join with my col- Madam Speaker, I met Lilly Ledbetter tial to harm. What we do here makes a leagues in passing H.R. 11, the Lilly Ledbetter during a Judiciary Committee hearing difference, substantively, of course, but Fair Pay Act. in 2007. She told us then how it was also symbolically. And what signal Ms. Ledbetter worked at Goodyear for over only after 20 years of working at Good- does it send to the Nation and the 19 years, retiring as a supervisor in 1998. Un- year that she learned of the long-stand- world that the first substantive order beknownst to Ms. Ledbetter during her time at ing pay discrimination against her. Im- of business of the 111th Congress is not Goodyear she earned 20 percent less in sal- mediately upon learning this, Lilly job creation or tax relief or economic ary and a smaller pension than the lowest- took her case to court. But instead of stimulus, but, rather, a trial lawyer paid male supervisor. While a jury found in following long-standing precedent that boondoggle that could put jobs and Ms. Ledbetter’s favor, agreeing that she had each new unfair paycheck represented worker pensions in jeopardy. been discriminated against and awarding her a new cause of action, the Supreme We should have done better, and per- $3.8 million in back pay, the Supreme Court Court denied Lilly Ledbetter justice. haps we could have done better if we did not agree. In the real world, discrimination is had taken the time to craft a bipar- In 2007, the Supreme Court overturned this subtle and takes years to become evi- tisan bill, or if we would have had an decision finding that Ms. Ledbetter made her dent. However, Justice Alito ruled that open debate process that allowed all claim too late. This decision ignored the fact victims have only 180 days after the Members of this body to contribute in that Ms. Ledbetter filed her charge within 180 start of a discriminatory action to file a thoughtful way. days of a discriminatory paycheck from Good- suit, even if that employee has no way Had this truly been a narrow fix, as year, which is in line with the 180 days re- of knowing about it. This standard is its supporters would have the Amer- quirement under Title VII of the Civil Rights impossible to meet. The Ledbetter Fair ican people believe, this rush to ap- Act. Pay Act rights this wrong. It clarifies proval may not have been such a prob- Today this Congress has an opportunity to that an employee is discriminated lem. However, this is a major funda- pass this legislation that will not only help Lilly against each and every time she re- mental change to civil rights law, and Ledbetter recover the wages she rightly de- ceives an unfair paycheck. no less than four separate statutes. served, but it will ensure that the women who I thank Chairman MILLER and Con- The last change to civil rights law of come after Ms. Ledbetter will not have to suf- gresswoman DELAURO for their out- this magnitude, the 1991 Civil Rights fer her same fate. Under this bill every pay- standing leadership on this issue, and Act, took 2 years of negotiation, debate check or other compensation that is discrimi- for my two beautiful daughters and the and partisan accord to accomplish. In- natory in nature would restart the clock for fil- daughters of America, urge my col- stead, what we have before us is a par- ing a charge. Furthermore, it entitles employ- leagues to support fair pay in the tisan product that is fundamentally ers up to two years of back pay, unlike the workplace. flawed. It guts the statute of limita- 180 days of back pay given to Ms. Ledbetter.

VerDate Nov 24 2008 03:45 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 7634 Sfmt 9920 E:\CR\FM\K09JA7.064 H09JAPT1 rfrederick on PROD1PC67 with HOUSE H122 CONGRESSIONAL RECORD — HOUSE January 9, 2009 During today’s economy more and more Ms. Ledbetter, a clear victim of discrimina- Tire and Rubber facility in Alabama. She sued families are relying on two paychecks to put tion, was left without recourse in a country the company when she learned that she was dinner on the table, buy school supplies for founded on a respect for the rule of law. For the lowest-paid supervisor at the plant, despite their children or visit the doctor. A smaller pay- this, we should be ashamed. having more experience than several of her check not only hurts female employees who Adding insult to injury, federal and state male counterparts. A jury found that her em- deserve proper compensation, but the families courts packed with conservative jurists have ployer had unlawfully discriminated against her they also must provide for. I urge my col- taken the precedent created by the Roberts on the basis of sex. However, the Supreme leagues, to join with me in supporting both this Court’s Ledbetter decision and expanded upon Court said that Ledbetter had waited too long bill. A vote in favor will go a long way in en- its logic—for the sole purpose of undermining to sue for pay discrimination. This legislation suring our daughters and granddaughters are a wide range of antidiscrimination laws. Be- will restore the intent of the Civil Rights Act treated as equals in the workplace. cause statues which prevent discrimination are before the Supreme Court decision and will Mr. LARSON of Connecticut. Madam extremely similar in form to one another, it has keep employers from being able to run out the Speaker, I rise today in strong support of the been extremely easy for these jurists to em- clock by keeping discriminatory practices hid- Lily Ledbetter Fair Pay Act (H.R. 11), which is ploy the logic found in a gender discrimination den. the first of two bills the House will consider case like Goodyear to disenfranchise claim- There is no question that our top priority is today focused on ensuring fair and equal pay ants seeking redress under provisions of the to get Americans and our economy working for women in our workforce. Civil Rights Act, The Americans with Disabil- again. The Lilly Ledbetter Fair Pay Act recog- By now, most of us have heard the heart- ities Act, the Immigration Reform and Control nizes that equal pay is not only an issue of rending story of Lily Ledbetter. Despite being Act, The Age Discrimination in Employment fairness for women, but also one of fairness intentionally paid 20 percent less than her Act, and many other laws aimed at ending for working families. In these tough economic male colleagues for 19 year, Ms. Ledbetter anti-discrimination. times, this bill could make all the difference for was denied damages by Supreme Court. In its If enacted, this bill will clarify that each pay- working families to make ends meet in their May 27, 2007, the Court, by a narrow majority, check resulting from a discriminatory pay deci- everyday lives. Through these efforts we can ruled that because Ms. Ledbetter failed to file sion is a new violation of employment non- help give families the resources they need to a claim within 180 days of the initial discrimi- discrimination law. As long as a worker files a give their children a better future. Pay equity natory action, she had missed her opportunity charge within 180 days of a discriminatory should not be a benefit that needs to be bar- to challenge her employer. paycheck, the charge would be considered gained for, it is a promise that the government Thankfully, we have the opportunity today to timely. must ensure. overturn the Supreme Court’s egregious deci- Madam Speaker, I believe that our courts I urge my colleagues to support this bill to sion by approving the Lily Ledbetter Fair Pay are our last line of defense when it comes to ensure economic security for women, their Act. This legislation clarifies that each discrimi- protecting the fundamental rights enshrined in families, and our communities. Through this natory paycheck represents a new act of dis- our Constitution and in our civil rights laws. legislation we can ensure a better future for crimination and therefore restarts the 180 day With our marketplace and court systems un- our daughters granddaughters, and genera- statute of limitation. By restoring the law to as willing to correct obvious injustices, we need a tions to come. it was prior to the Supreme Court’s ruling, we legislative solution that will ensure that the uni- Mr. LANGEVIN. Madam Speaker, I rise in will ensure that women, such as Lily versal values of fairness, respect, and de- strong support of H.R. 11, the Lilly Ledbetter Ledbetter, who are unknowingly discriminated cency continue to be a part of the American Fair Pay Act. As an original cosponsor of this against for years retain the legal right to chal- workplace. For the sake of ‘‘equal pay for bill, I am pleased to see this legislation on the lenge their employer and obtain compensation equal work’’ and the continued utility of all of House floor today. for the discrimination that they have endured. our federal discrimination laws, I urge my col- H.R. 11 would correct an injustice and break Madam Speaker, the legislation before us leagues to support this bill. down barriers to equal pay. From 1979 until today does nothing more than restore com- Ms. MCCOLLUM. Madam Speaker, I rise 1998, Lilly Ledbetter worked as a supervisor mon sense to the laws that protect our na- today in strong support of the Lilly Ledbetter for the Goodyear Tire & Rubber Company. Al- tion’s women from discrimination. I urge all of Fair Pay Act (H.R. 11, which addresses gen- though Ledbetter initially received a salary my colleagues to fully support it. der-based wage discrimination. This is a his- similar to the salaries paid to her male col- Mr. CONYERS. Madam Speaker, I rise in toric day in the fight for equal rights for leagues, a pay disparity developed over time. strong support of H.R. 11, ‘‘The Lilly Ledbetter women, and I would like to thank Speaker By 1997, the pay disparity between Ledbetter Fair Pay Act.’’ The time has come for the Con- NANCY PELOSI and House leaders for making and her 15 male counterparts had widened gress to reverse the wrongheaded and dis- pay equity for women among the first votes in considerably, to the point that Ledbetter was criminatory Supreme Court case of Ledbetter the 111th Congress. paid $3,727 per month while the lowest paid v. Goodyear Tire Co. If left intact, this case Families are struggling with the current eco- male colleague received $4,286 per month will not only continue to undermine the validity nomic crisis, making it more important than and the highest-paid male colleague received of our Nation’s gender discrimination laws, but ever that women, who are often the head of $5,236 per month. An anonymous note in- also laws that prevent employer discrimination the household and make up nearly half the formed Ms. Ledbetter of this discrimination, based on race, religion, national origin, dis- workforce, are compensated fairly and equi- which had been going on for years, and she ability, or age. tably. Leading the legislative session with immediately filed a complaint in 1998. A jury Madam Speaker, I was shocked when I measures to reverse gender-based wage bias found in her favor, but, in a misguided Su- heard the story of Lilly Ledbetter, the Good- is a clear signal of the level of commitment preme Court decision, the jury’s verdict was year Tire plant employee who suffered from American families can expect from this Con- overturned. According to the Supreme Court, pay discrimination for nearly two decades. gress. her complaint was too late. After learning that she had been victimized by The disastrous economic policies of the This decision makes it more difficult for em- her employer, she brought an Equal Employ- Bush administration failed to address major ployees to sue for pay discrimination under ment Opportunity Commission complaint workforce equity issues over the last eight Title VII, which was not the intent of Congress against Goodyear. Unfortunately, in 2007, a years. It is unacceptable that on average, when the title was written into law. H.R. 11 majority of our anti-worker, pro-corporate Su- women only make 78 cents for every dollar would clarify that the statute of limitations for preme Court denied her claim, ruling that em- earned by a man, according to the U.S. Cen- suing employers for pay discrimination begins ployees must file a wage-discrimination com- sus Bureau. That could mean a difference of each time they issue a paycheck and is not plaint within 180 days of the very first discrimi- $400,000 to $2 million over a lifetime in lost limited to the original discriminatory action. natory payroll decision. This means that in wages. Furthermore, the wage disparity grows This change would be applicable not only to order to have her day in court, Ms. Ledbetter wider as women age and threatens their eco- Title VII of the Civil Rights Act, but also to the would have needed to file suit in 1979, even nomic security, retirement, and quality of life. Age Discrimination in Employment Act, the though there was no way she could have The new Congress and the incoming adminis- Rehabilitation Act of 1973, and the Americans known that discrimination was occurring at tration must act quickly to protect America’s with Disabilities Act. that point. And even though each successive workers from wage-discrimination. Madam Speaker, I urge my colleagues to payroll left her with fewer dollars than her The Lilly Ledbetter Fair Pay Act seeks to support this bill to protect women like Lilly equally qualified colleagues, the Justices of level the playing field between men and Ledbetter from taking their case for equal pay the Supreme Court argued that Ms. Ledbetter women. This bill is named for a woman who all the way to the Supreme Court, to support had missed her chance at justice. worked for nearly two decades at a Goodyear single mothers who may worry whether or not

VerDate Nov 24 2008 03:45 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 7634 Sfmt 9920 E:\CR\FM\A09JA7.040 H09JAPT1 rfrederick on PROD1PC67 with HOUSE January 9, 2009 CONGRESSIONAL RECORD — HOUSE H123 they are being treated fairly by their employers nearly $4 million in pay and punitive damages, statements that this type of discrimination will while they provide for their children, and to en- which the judge reduced to $360,000. Of not be tolerated. I would like to thank Con- sure that daughters entering college can reach course, Goodyear appealed, and the 11th Cir- gresswoman DELAURO and Chairman MILLER their full potential when they graduate. cuit Court of Appeals’ unanimous opinion for offering these important pieces of legisla- Mr. GRIJALVA. Madam Speaker, the Su- tossed out the award and dismissed tion, and commend the Democratic leadership preme Court’s recent decision in Ledbetter v. Ledbetter’s complaint altogether. for bringing these bills to the floor. Goodyear was a giant step backwards for In 2007, in a 5–4 decision, the United Mr. BLUMENAUER. Madam Speaker, today America in its commitment to fairness and States Supreme Court upheld the 11th Cir- I am proud to support two important workplace equality. It is hard to believe that at the end cuit’s decision, finding that the limitations pe- civil rights bills addressing pay discrimina- of the first decade of the 21st century, our riod for a disparate pay claim cannot be ex- tion—the Lilly Ledbetter Fair Pay Act and the country is still struggling with gender based tended or disregarded. But how can a claim Paycheck Fairness Act. In the years since the employment and wage equity. The Ledbetter be filed if there is no knowledge of the dis- 1963 Equal Pay Act, women have made enor- decision made a legal remedy for this discrimi- criminatory act? mous advances toward economic equality. natory practice considerably more difficult. Congress must now act on Justice Ruth However, the goal of ‘‘equal pay for equal As Justice Ginsberg pointed out in her dis- Bader Ginsburg’s dissenting comment that she work’’ is not yet reality. sent, the decision counsels women to sue read from the bench: ‘‘the ball is in Congress’s Today, the average full-time working woman early on, ‘‘when it is uncertain whether dis- court,’’ and ‘‘correct this parsimonious reading earns only 78 cents for every $1 a man crimination accounts for the pay disparity you of Title VII.’’ I agree with Justice Ginsburg; this makes. Women of color are worse off. African- are beginning to experience. Indeed, initially court ‘‘does not comprehend, or is indifferent American women make 69 cents on the dollar, you may not know that men are receiving to, the insidious way in which women can be while Hispanic women make only 56 cents. A more for substantially similar work. Of course, victims of pay discrimination.’’ recent study of college graduates showed that you are likely to lose such a less than fully Colleagues, let us pass this bill and correct in their first year after graduation, women baked case. If you sue only when the pay dis- this gross inequity. earned only 80 percent as much as male parity becomes steady and large enough to Ms. EDDIE BERNICE JOHNSON of Texas. graduates, demonstrating the gender pay dis- enable you to mount a winnable case, you will Madam Speaker, today, I am pleased to parities only compound over time. be cut off at the court’s threshold for suing too speak about two bills that will go a long way These pay disparities equal a significant late.’’ towards establishing gender equity in Amer- loss of income—anywhere from $400,000 to Under this precedent, evidence of an em- ican workplaces. The Paycheck Fairness Act $2 million over a lifetime—which has a tre- ployer knowingly carrying past pay discrimina- and the Lilly Ledbetter Fair Pay Act will help mendous impact on lives of women and their tion forward must be treated as lawful. This close the legal loopholes and restore the initial families, especially as so many are struggling was clearly not the intent of the legislation. intent of our civil rights laws. with the economic turndown. Today’s legislation attempts to remedy the It has been 45 years since the passage of In 2007, the Supreme Court made it virtually destructive effects of the Court’s actions. the landmark Equal Pay Act of 1963, and impossible for victims of pay discrimination to Under this bill, each sex-based discriminatory while pay disparities have narrowed, a strong go to court to vindicate their rights, holding salary payment constitutes a new violation of wage disparity still exists. In fact, according to that any challenges to pay discrimination must Title VII. As a result, if an individual uncovers the U.S. Census Bureau women still make be filed within 180 days of an employer’s initial a sex based discriminatory act related to com- only 78 cents on the dollar to their male coun- decision to discriminate. The Lilly Ledbetter pensation that has been going on for years, terparts. Fair Pay Act will overturn the Supreme Court’s like Ms. Ledbetter, that individual can seek re- We cannot deny that this gender disparity decision in Ledbetter v. Goodyear Fire & Rub- dress. exists, and it is essential that we close the ber Co., and restore the long-standing inter- If we oppose discrimination in compensation loopholes that allow it to continue. The Pay- pretation of civil rights laws that employees then we must provide a legal recourse for check Fairness Act increases enforcement can file pay discrimination claims within 180 those who have been discriminated against. and accountability in cases of discrimination, clays of each discriminatory paycheck they re- The Fair Pay Act effectively restores this just and provides relief for women who face retal- ceive. and necessary remedy. iation for standing up for equal pay. It also re- The Paycheck Fairness Act strengthens the Mr. MORAN of Virginia. Madam Speaker. I quires the Department of Labor to increase Equal Pay Act to ensure that it provides effec- rise today in support of H.R. 11, The Lilly their efforts to end pay disparities. tive protection against sex-based pay discrimi- Ledbetter Act. This legislation was passed by Last year, the U.S. Supreme Court over- nation by closing loopholes and barring retalia- the House in the 110th Congress and we turned a longstanding prior law making it in- tion against workers who disclose their wages. should pass it again today so the Senate can creasingly difficult for workers to pursue legal Additionally, it also allows women to receive act swiftly and get this important initiative remedies for pay discrimination. Today we will the same remedies for sex-based pay dis- signed into law. work to restore the intent of the Civil Rights crimination that are currently available to those Mrs. Ledbetter was a victim of a system Act through passage of the Lilly Ledbetter Fair subject to discrimination based on race and gone awry. When she was hired as a super- Pay Act. We will no longer unfairly turn back national origin. visor at Goodyear’s tire assembly department to the clock on discrimination claims. An inci- This meaningful legislation will help further in Gadsden, Alabama, her wages were exactly dent of pay discrimination occurs each time a advance American women and families’ eco- on par with those of a male employee working worker receives a lesser paycheck because of nomic security and I am proud to support by her side. Mrs. Ledbetter didn’t know her their gender, and we must treat it as such. We both. first paychecks matched her co-workers’ pay- can no longer distort the intent of the law to Ms. ESHOO. Madam Speaker, I rise today checks. She just assumed they did. protect those who seek to discriminate. to express my strong support for H.R. 11, the Then, in 1998, an anonymous note informed These bills are not only for women, but for Lilly Ledbetter Fair Pay Act. I salute the ex- her that her annual salary was lagging children and families. For the millions of work- traordinary work of Chairman MILLER and Con- $15,000 behind a certain male co-worker. In ing mothers in America—many of whom are gresswoman DELAURO to bring these impor- fact, she was being paid less than all her male heads of households—it offers financial sta- tant bills to the floor today. counterparts in the tire assembly department, bility. This wage disparity is costing women Lilly Ledbetter worked for nearly 20 years at even recent hires. between $400,000 and $2 million over a life- a Goodyear Tire and Rubber facility in Ala- Within a month after receiving the note, time. bama. After 20 years, she received an anony- Ledbetter filed a discrimination charge with the Lower wages factor into long-term financial mous note alerting her to pay discrimination Equal Employment Opportunity Commission. planning. Retirement and Social Security are against her. She learned that she was the low- But Title VII of the 1964 Civil Rights imposes based on income. Retirement aged women est-paid supervisor at the plant, despite having a six-month limitation period on discriminatory today are far less likely to receive a pension, more experience than many of her male coun- acts; Ledbetter’s evidence was limited to and rely on Social Security benefits to survive. terparts. For 20 years she worked hard and events that took place after Sept. 26, 1997, or The wage discrimination women are facing played by the rules only to be paid less and 180 days prior to her EEOC charge. today will continue to follow them well into re- treated unfairly. She then sued Goodyear for In November of 1998, she filed suit to deter- tirement. pay discrimination. A jury of her peers found mine and recoup her losses. Goodyear said We cannot continue to simply accept this that her employer had unlawfully discriminated Ledbetter’s poor job performance was to disparity, and the Paycheck Fairness Act and against her on the basis of sex and awarded blame. But she prevailed and was awarded the Lilly Ledbetter Fair Pay Act are strong her back pay. Her case was appealed and

VerDate Nov 24 2008 01:39 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 7634 Sfmt 9920 E:\CR\FM\A09JA7.043 H09JAPT1 rfrederick on PROD1PC67 with HOUSE H124 CONGRESSIONAL RECORD — HOUSE January 9, 2009 reached the Supreme Court which held that ill-advised, over-reaching, and disingenuous statutorily provided 180 days from the initial Ledbetter had waited too long to sue for pay overhaul of civil rights law is the wrong ap- decision to pay her less than her male col- discrimination, despite the fact that she filed a proach. leagues, she was barred from filing a com- charge with the U.S. Equal Employment Op- Pay discrimination is not a partisan issue. plaint and no relief was available. Despite doc- portunity Commission as soon as she received Pay discrimination strikes at the heart of the umenting the sex based evaluation system the anonymous note. The Supreme Court said American Dream. For more than 40 years, the Goodyear managers used, Lilly Ledbetter was that under Federal fair pay laws a person 1963 Equal Pay Act and Title VII of the 1964 denied justice and the rights afforded to her must file a discrimination claim within 180 Civil Rights Act has made it illegal for employ- under the Civil Rights Act. days of the first violation. ers to determine an employee’s pay scale Justice Alito’s opinion runs contrary to dec- Today our opponents will say that this bill is based on his or her gender. I wholeheartedly ades of civil rights law, and the Lilly Ledbetter a trial lawyer’s dream and that it will bring un- agree and support these laws. Every Amer- Fair Act would restore the law as it was prior necessary litigation. This is simply not true. ican should be able to work hard, and make to the Court’s ill considered decision. This bill The Lilly Ledbetter Fair Pay Act restores the a living for his or her family. We can not tol- would make it clear that when it comes to dis- law as it was prior to the Supreme Court’s de- erate gender discrimination in the workplace. criminatory pay, the protections of Title VII of cision. Prior law was fair and worked. Before This legislation, however, is about bad poli- the Civil Rights Act, the Age Discrimination in the Court’s ruling, the law was clear—every tics rather than good policy. H.R. 11 was sup- Employment Act, the Americans with Disabil- discriminatory paycheck was a new violation posedly written to remedy a sad situation for ities Act and the Rehabilitation Act extend not of the law that restarted the clock for filing a one person—Lilly Ledbetter. She was appar- only to these discriminatory pay decisions and claim. Under the Supreme Court’s ruling, the ently paid significantly less than her counter- practices but to every paycheck that results Ledbetter decision allows employers to escape parts at Goodyear Tire Company during her from those pay decisions and practices. responsibility by keeping their discrimination tenure there. Decades later Ms. Ledbetter filed As an original cosponsor of the Lilly hidden and running out the clock. a claim of discrimination. Taking her claim Ledbetter Fair Pay Act, I urge my colleagues The Lilly Ledbetter Fair Pay Act clarifies that through the courts, the U.S. Supreme Court to support its passage, and I encourage the each new paycheck resulting from a discrimi- ruled on May 29, 2007 that the statute of limi- Senate to work quickly to send it to the Presi- natory pay decision constitutes a new violation tations had unfortunately run out. dent. of employment nondiscrimination law. As long Instead of simply restoring prior law, by The SPEAKER pro tempore. All time as a worker files a charge within 180 days of overturning a Supreme Court ruling against for debate has expired. a discriminatory paycheck, the charge would Ms. Ledbetter, in reality, Democrats will gut a Pursuant to section 5(a) of House be considered timely. decades-old statute of limitations that prevents Resolution 5, the bill is considered read This is what the law was and what it should the filing of ‘‘stale’’ claims and protects against and the previous question is ordered. be going forward. I’m very proud to support abuse of the legal system. Current law rightly The question is on the engrossment this bill and I urge a ‘‘yes’’ vote on the under- provides a statute of limitations to file a dis- and third reading of the bill. lying legislation. crimination claim, up to 300 days after the al- The bill was ordered to be engrossed Mr. STARK. Madam Speaker, I rise in leged workplace discrimination occurred. and read a third time, and was read the strong support of pay equity. Under this bill, however, employees or retirees third time. The Supreme Court’s ruling in Ledbetter v. could sue for pay discrimination years, even The SPEAKER pro tempore. The Goodyear was absurd. If I broke the law for decades, after the alleged discrimination. question is on the passage of the bill. nearly two decades—as the Goodyear Tire How can a company defend itself when the The question was taken; and the and Rubber Company did when they stiffed accused offenders left the company decades Speaker pro tempore announced that Lilly Ledbetter out of the pay she deserved for before? The answer is—they can’t. And that is the ayes appeared to have it. 19 years—I couldn’t turn around and say that exactly the answer desired by the trial lawyers Mr. GEORGE MILLER of California. I didn’t owe anything because no one caught who support this legislation. This legislation Madam Speaker, on that I demand the me during the first 6 months. Yet that’s exactly will not end pay discrimination, but it will cer- yeas and nays. what the Supreme Court allowed Goodyear to tainly encourage frivolous claims and lawsuits. The yeas and nays were ordered. say to Ms. Ledbetter. It is inevitable that under this legislation em- The SPEAKER pro tempore. Pursu- The existing law is unfair. Many workers ployees will sue companies for reasons that ant to clause 8 of rule XX, further pro- don’t even discover that they’re being discrimi- have little if anything to do with the accused ceedings on this bill will be postponed. nated against until the existing 180-day statute discrimination. f of limitations has passed. In every other area Madam Speaker, the issue of pay discrimi- PAYCHECK FAIRNESS ACT of American tort law, the clock restarts with nation is too important to consider this poorly every new violation. The Lilly Ledbetter Fair crafted, politically motivated piece of legisla- Mr. GEORGE MILLER of California. Pay Act simply fixes existing law so that sex tion. As much as we sympathize with Ms. Madam Speaker, pursuant to section discrimination is treated the same way. Ledbetter, H.R. 11 is bad legislation. Let us in- 5(b) of House Resolution 5, I call up the My Republican colleagues love to call up stead join together, work in a bipartisan man- bill (H.R. 12) to amend the Fair Labor the ‘‘frivolous lawsuits’’ bogeyman to scare ner, to address pay discrimination while not Standards Act of 1938 to provide more hard-working Americans out of their rights, but destroying decades-worth of solid employment effective remedies to victims of dis- there’s nothing frivolous about equality and discrimination law. Until then, I ask my col- crimination in the payment of wages justice. The wage gap in the United States leagues to join with me in opposing this legis- on the basis of sex, and for other pur- has remained stagnant over the last 7 years. lation. poses, and ask for its immediate con- Women in the United States still make less Mr. HOLT. Madam Speaker, I rise in strong sideration. than 78 cents for every dollar a man makes. support of the H.R. 11, the Lilly Ledbetter Fair The Clerk read the title of the bill. Women of color have it even worse: African- Pay Act of 2009. The text of the bill is as follows: American women earn only 68.7 cents and For nearly 20 years, Lilly Ledbetter worked H.R. 12 Latin American women 59 cents for every dol- at a Goodyear Tire facility in Alabama. After Be it enacted by the Senate and House of Rep- lar an American man makes. learning that she was the lowest paid super- resentatives of the United States of America in That’s why I’m a co-sponsor of the Lilly visor—earning 20 percent less than the lowest Congress assembled, Ledbetter Fair Pay Act, and why I encourage paid, least experienced man in the same posi- SECTION 1. SHORT TITLE. all of my colleagues to join me in passing this tion at Goodyear—she sued the company for This Act may be cited as the ‘‘Paycheck important legislation. American workers de- pay discrimination. On May 29, 2007, after a Fairness Act’’. serve better. They deserve equal pay for series of cases and appeals, the Supreme SEC. 2. FINDINGS. equal work, regardless of gender, race, eth- Court handed down a disturbing 5–4 ruling Congress finds the following: nicity, religion, and sexual and gender orienta- that fundamentally rewrote protections that (1) Women have entered the workforce in tion. When they don’t get it, they deserve their American workers have enjoyed for more than record numbers over the past 50 years. (2) Despite the enactment of the Equal Pay day in court. 40 years when they were codified in the Civil Act in 1963, many women continue to earn Mr. TIAHRT. Madam Speaker, I rise today Rights Act of 1964. significantly lower pay than men for equal in opposition to H.R. 11, the Lilly Ledbetter According to Justice Samuel Alito, who work. These pay disparities exist in both the Fair Pay Act. Although I join my colleagues in wrote the flawed decision, when Ms. Ledbetter private and governmental sectors. In many steadfast opposition to pay discrimination, this failed to file a discrimination case within the instances, the pay disparities can only be

VerDate Nov 24 2008 03:45 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JA7.048 H09JAPT1 rfrederick on PROD1PC67 with HOUSE January 9, 2009 CONGRESSIONAL RECORD — HOUSE H125 due to continued intentional discrimination ment Opportunity Commission to their re- (1) by inserting after the first sentence the or the lingering effects of past discrimina- sponsibilities, increased information as a re- following: ‘‘Any employer who violates sec- tion. sult of the amendments made by this Act to tion 6(d) shall additionally be liable for such (3) The existence of such pay disparities— the Equal Pay Act of 1963, wage data, and compensatory damages, or, where the em- (A) depresses the wages of working families more effective remedies, women will be bet- ployee demonstrates that the employer acted who rely on the wages of all members of the ter able to recognize and enforce their with malice or reckless indifference, puni- family to make ends meet; rights. tive damages as may be appropriate, except (B) undermines women’s retirement secu- (9) Certain employers have already made that the United States shall not be liable for rity, which is often based on earnings while great strides in eradicating unfair pay dis- punitive damages.’’; in the workforce; parities in the workplace and their achieve- (2) in the sentence beginning ‘‘An action (C) prevents the optimum utilization of ments should be recognized. to’’, by striking ‘‘either of the preceding sen- available labor resources; SEC. 3. ENHANCED ENFORCEMENT OF EQUAL tences’’ and inserting ‘‘any of the preceding (D) has been spread and perpetuated, PAY REQUIREMENTS. sentences of this subsection’’; through commerce and the channels and in- (a) BONA-FIDE FACTOR DEFENSE AND MODI- (3) in the sentence beginning ‘‘No employ- strumentalities of commerce, among the FICATION OF SAME ESTABLISHMENT REQUIRE- ees shall’’, by striking ‘‘No employees’’ and workers of the several States; MENT.—Section 6(d)(1) of the Fair Labor inserting ‘‘Except with respect to class ac- (E) burdens commerce and the free flow of Standards Act of 1938 (29 U.S.C. 206(d)(1)) is tions brought to enforce section 6(d), no em- goods in commerce; amended— ployee’’; (F) constitutes an unfair method of com- (1) by striking ‘‘No employer having’’ and (4) by inserting after the sentence referred petition in commerce; inserting ‘‘(A) No employer having’’; to in paragraph (3), the following: ‘‘Notwith- (G) leads to labor disputes burdening and (2) by striking ‘‘any other factor other standing any other provision of Federal law, obstructing commerce and the free flow of than sex’’ and inserting ‘‘a bona fide factor any action brought to enforce section 6(d) goods in commerce; other than sex, such as education, training, may be maintained as a class action as pro- (H) interferes with the orderly and fair or experience’’; and vided by the Federal Rules of Civil Proce- marketing of goods in commerce; and (3) by inserting at the end the following: dure.’’; and (I) in many instances, may deprive workers ‘‘(B) The bona fide factor defense described (5) in the sentence beginning ‘‘The court of equal protection on the basis of sex in vio- in subparagraph (A)(iv) shall apply only if in’’— lation of the 5th and 14th amendments. the employer demonstrates that such factor (A) by striking ‘‘in such action’’ and in- (4)(A) Artificial barriers to the elimination (i) is not based upon or derived from a sex- serting ‘‘in any action brought to recover of discrimination in the payment of wages on based differential in compensation; (ii) is the liability prescribed in any of the pre- the basis of sex continue to exist decades job-related with respect to the position in ceding sentences of this subsection’’; and after the enactment of the Fair Labor Stand- question; and (iii) is consistent with business (B) by inserting before the period the fol- ards Act of 1938 (29 U.S.C. 201 et seq.) and the necessity. Such defense shall not apply lowing: ‘‘, including expert fees’’. Civil Rights Act of 1964 (42 U.S.C. 2000a et where the employee demonstrates that an al- (d) ACTION BY SECRETARY.—Section 16(c) of seq.). ternative employment practice exists that the Fair Labor Standards Act of 1938 (29 (B) These barriers have resulted, in signifi- would serve the same business purpose with- U.S.C. 216(c)) is amended— cant part, because the Equal Pay Act has not out producing such differential and that the (1) in the first sentence— worked as Congress originally intended. Im- employer has refused to adopt such alter- (A) by inserting ‘‘or, in the case of a viola- provements and modifications to the law are native practice. tion of section 6(d), additional compensatory necessary to ensure that the Act provides ef- ‘‘(C) For purposes of subparagraph (A), em- or punitive damages, as described in sub- fective protection to those subject to pay ployees shall be deemed to work in the same section (b),’’ before ‘‘and the agreement’’; discrimination on the basis of their sex. establishment if the employees work for the and (C) Elimination of such barriers would same employer at workplaces located in the (B) by inserting before the period the fol- have positive effects, including— same county or similar political subdivision lowing: ‘‘, or such compensatory or punitive (i) providing a solution to problems in the of a State. The preceding sentence shall not damages, as appropriate’’; economy created by unfair pay disparities; be construed as limiting broader applica- (2) in the second sentence, by inserting be- (ii) substantially reducing the number of tions of the term ‘establishment’ consistent fore the period the following: ‘‘and, in the working women earning unfairly low wages, with rules prescribed or guidance issued by case of a violation of section 6(d), additional thereby reducing the dependence on public the Equal Opportunity Employment Com- compensatory or punitive damages, as de- mission.’’. assistance; scribed in subsection (b)’’; (b) NONRETALIATION PROVISION.—Section 15 (iii) promoting stable families by enabling of the Fair Labor Standards Act of 1938 (29 (3) in the third sentence, by striking ‘‘the all family members to earn a fair rate of pay; U.S.C. 215(a)(3)) is amended— first sentence’’ and inserting ‘‘the first or (iv) remedying the effects of past discrimi- (1) in subsection (a)(3), by striking ‘‘em- second sentence’’; and nation on the basis of sex and ensuring that ployee has filed’’ and all that follows and in- (4) in the last sentence— in the future workers are afforded equal pro- serting ‘‘employee— (A) by striking ‘‘commenced in the case’’ tection on the basis of sex; and ‘‘(A) has made a charge or filed any com- and inserting ‘‘commenced— (v) ensuring equal protection pursuant to plaint or instituted or caused to be insti- ‘‘(1) in the case’’; Congress’ power to enforce the 5th and 14th (B) by striking the period and inserting ‘‘; amendments. tuted any investigation, proceeding, hearing, or action under or related to this Act, in- or’’; and (5) The Department of Labor and the Equal (C) by adding at the end the following: Employment Opportunity Commission have cluding an investigation conducted by the employer, or has testified or is planning to ‘‘(2) in the case of a class action brought to important and unique responsibilities to help enforce section 6(d), on the date on which the ensure that women receive equal pay for testify or has assisted or participated in any manner in any such investigation, pro- individual becomes a party plaintiff to the equal work. class action.’’. (6) The Department of Labor is responsible ceeding, hearing or action, or has served or is planning to serve on an industry Com- SEC. 4. TRAINING. for— The Equal Employment Opportunity Com- (A) collecting and making publicly avail- mittee; or ‘‘(B) has inquired about, discussed or dis- mission and the Office of Federal Contract able information about women’s pay; Compliance Programs, subject to the avail- (B) ensuring that companies receiving Fed- closed the wages of the employee or another employee.’’; and ability of funds appropriated under section eral contracts comply with anti-discrimina- 10, shall provide training to Commission em- tion affirmative action requirements of Ex- (2) by adding at the end the following: ‘‘(c) Subsection (a)(3)(B) shall not apply to ployees and affected individuals and entities ecutive Order 11246 (relating to equal em- instances in which an employee who has ac- on matters involving discrimination in the ployment opportunity); cess to the wage information of other em- payment of wages. (C) disseminating information about wom- ployees as a part of such employee’s essen- SEC. 5. NEGOTIATION SKILLS TRAINING FOR en’s rights in the workplace; tial job functions discloses the wages of such GIRLS AND WOMEN. (D) helping women who have been victims other employees to individuals who do not (a) PROGRAM AUTHORIZED.— of pay discrimination obtain a remedy; and otherwise have access to such information, (1) IN GENERAL.—The Secretary of Labor, (E) being proactive in investigating and unless such disclosure is in response to a after consultation with the Secretary of prosecuting equal pay violations, especially complaint or charge or in furtherance of an Education, is authorized to establish and systemic violations, and in enforcing all of investigation, proceeding, hearing, or action carry out a grant program. its mandates. under section 6(d), including an investigation (2) GRANTS.—In carrying out the program, (7) The Equal Employment Opportunity conducted by the employer. Nothing in this the Secretary of Labor may make grants on Commission is the primary enforcement subsection shall be construed to limit the a competitive basis to eligible entities, to agency for claims made under the Equal Pay rights of an employee provided under any carry out negotiation skills training pro- Act, and issues regulations and guidance on other provision of law.’’. grams for girls and women. appropriate interpretations of the law. (c) ENHANCED PENALTIES.—Section 16(b) of (3) ELIGIBLE ENTITIES.—To be eligible to re- (8) With a stronger commitment by the De- the Fair Labor Standards Act of 1938 (29 ceive a grant under this subsection, an enti- partment of Labor and the Equal Employ- U.S.C. 216(b)) is amended— ty shall be a public agency, such as a State,

VerDate Nov 24 2008 01:39 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JA7.011 H09JAPT1 rfrederick on PROD1PC67 with HOUSE H126 CONGRESSIONAL RECORD — HOUSE January 9, 2009 a local government in a metropolitan statis- SEC. 7. ESTABLISHMENT OF THE NATIONAL (B) in considering evidence of possible tical area (as defined by the Office of Man- AWARD FOR PAY EQUITY IN THE compensation discrimination— agement and Budget), a State educational WORKPLACE. (i) shall not limit its consideration to a agency, or a local educational agency, a pri- (a) IN GENERAL.—There is established the small number of types of evidence; and vate nonprofit organization, or a commu- Secretary of Labor’s National Award for Pay (ii) shall not limit its evaluation of the nity-based organization. Equity in the Workplace, which shall be evidence to a small number of methods of awarded, as appropriate, to encourage (4) APPLICATION.—To be eligible to receive evaluating the evidence; and a grant under this subsection, an entity shall proactive efforts to comply with section 6(d) (C) shall not require a multiple regression submit an application to the Secretary of of the Fair Labor Standards Act of 1938 (29 analysis or anecdotal evidence for a com- Labor at such time, in such manner, and U.S.C. 206(d)). pensation discrimination case; (b) CRITERIA FOR QUALIFICATION.—The Sec- containing such information as the Sec- (2) for purposes of its investigative, com- retary of Labor shall set criteria for receipt retary of Labor may require. pliance, and enforcement activities, shall de- of the award, including a requirement that fine ‘‘similarly situated employees’’ in a way (5) USE OF FUNDS.—An entity that receives an employer has made substantial effort to a grant under this subsection shall use the that is consistent with and not more strin- eliminate pay disparities between men and gent than the definition provided in item 1 of funds made available through the grant to women, and deserves special recognition as a carry out an effective negotiation skills subsection A of section 10–III of the Equal consequence of such effort. The Secretary Employment Opportunity Commission Com- training program that empowers girls and shall establish procedures for the application women. The training provided through the pliance Manual (2000), and shall consider and presentation of the award. only factors that the Office’s investigation program shall help girls and women (c) BUSINESS.—In this section, the term reveals were used in making compensation strengthen their negotiation skills to allow ‘‘employer’’ includes— decisions; and the girls and women to obtain higher sala- (1)(A) a corporation, including a nonprofit (3) shall reinstate the Equal Opportunity ries and rates of compensation that are equal corporation; Survey, as required by section 60–2.18 of title to those paid to similarly-situated male em- (B) a partnership; 41, Code of Federal Regulations (as in effect ployees. (C) a professional association; on September 7, 2006), designating not less (b) INCORPORATING TRAINING INTO EXISTING (D) a labor organization; and than half of all nonconstruction contractor PROGRAMS.—The Secretary of Labor and the (E) a business entity similar to an entity establishments each year to prepare and file Secretary of Education shall issue regula- described in any of subparagraphs (A) such survey, and shall review and utilize the tions or policy guidance that provides for in- through (D); responses to such survey to identify con- tegrating the negotiation skills training, to (2) an entity carrying out an education re- tractor establishments for further evalua- the extent practicable, into programs au- ferral program, a training program, such as tion and for other enforcement purposes as thorized under— an apprenticeship or management training appropriate. (1) in the case of the Secretary of Edu- program, or a similar program; and (c) DEPARTMENT OF LABOR DISTRIBUTION OF cation, the Elementary and Secondary Edu- (3) an entity carrying out a joint program, WAGE DISCRIMINATION INFORMATION.—The cation Act of 1965 (20 U.S.C. 6301 et seq.), the formed by a combination of any entities de- Secretary of Labor shall make readily avail- Carl D. Perkins Vocational and Technical scribed in paragraph (1) or (2). able (in print, on the Department of Labor Education Act of 1998 (20 U.S.C. 2301 et seq.), SEC. 8. COLLECTION OF PAY INFORMATION BY website, and through any other forum that the Higher Education Act of 1965 (20 U.S.C. THE EQUAL EMPLOYMENT OPPOR- the Department may use to distribute com- 1001 et seq.), and other programs carried out TUNITY COMMISSION. pensation discrimination information), accu- by the Department of Education that the Section 709 of the Civil Rights Act of 1964 rate information on compensation discrimi- Secretary of Education determines to be ap- (42 U.S.C. 2000e–8) is amended by adding at nation, including statistics, explanations of propriate; and the end the following: employee rights, historical analyses of such ‘‘(f)(1) Not later than 18 months after the (2) in the case of the Secretary of Labor, discrimination, instructions for employers date of enactment of this subsection, the the Workforce Investment Act of 1998 (29 on compliance, and any other information U.S.C. 2801 et seq.), and other programs car- Commission shall— that will assist the public in understanding ried out by the Department of Labor that the ‘‘(A) complete a survey of the data that is and addressing such discrimination. currently available to the Federal Govern- Secretary of Labor determines to be appro- SEC. 10. AUTHORIZATION OF APPROPRIATIONS. ment relating to employee pay information priate. (a) AUTHORIZATION OF APPROPRIATIONS.— for use in the enforcement of Federal laws There are authorized to be appropriated (c) REPORT.—Not later than 1 year after prohibiting pay discrimination and, in con- the date of enactment of this Act, and annu- $15,000,000 to carry out this Act. sultation with other relevant Federal agen- (b) PROHIBITION ON EARMARKS.—None of the ally thereafter, the Secretary of Labor and cies, identify additional data collections the Secretary of Education shall prepare and funds appropriated pursuant to subsection that will enhance the enforcement of such (a) for purposes of the grant program in sec- submit to Congress a report describing the laws; and activities conducted under this section and tion 5 of this Act may be used for a Congres- ‘‘(B) based on the results of the survey and sional earmark as defined in clause 9(d) of evaluating the effectiveness of such activi- consultations under subparagraph (A), issue ties in achieving the purposes of this Act. rule XXI of the Rules of the House of Rep- regulations to provide for the collection of resentatives. SEC. 6. RESEARCH, EDUCATION, AND OUTREACH. pay information data from employers as de- SEC. 11. SMALL BUSINESS ASSISTANCE. The Secretary of Labor shall conduct stud- scribed by the sex, race, and national origin (a) EFFECTIVE DATE.—This Act and the ies and provide information to employers, of employees. amendments made by this Act shall take ef- ‘‘(2) In implementing paragraph (1), the labor organizations, and the general public fect on the date that is 6 months after the Commission shall have as its primary con- concerning the means available to eliminate date of enactment of this Act. sideration the most effective and efficient pay disparities between men and women, in- (b) TECHNICAL ASSISTANCE MATERIALS.— means for enhancing the enforcement of Fed- cluding— The Secretary of Labor and the Commis- eral laws prohibiting pay discrimination. For (1) conducting and promoting research to sioner of the Equal Employment Oppor- this purpose, the Commission shall consider develop the means to correct expeditiously tunity Commission shall jointly develop factors including the imposition of burdens the conditions leading to the pay disparities; technical assistance material to assist small on employers, the frequency of required re- businesses in complying with the require- (2) publishing and otherwise making avail- ports (including which employers should be ments of this Act and the amendments made able to employers, labor organizations, pro- required to prepare reports), appropriate pro- by this Act. fessional associations, educational institu- tections for maintaining data confiden- (c) SMALL BUSINESSES.—A small business tions, the media, and the general public the tiality, and the most effective format for the shall be exempt from the provisions of this findings resulting from studies and other data collection reports.’’. Act to the same extent that such business is materials, relating to eliminating the pay SEC. 9. REINSTATEMENT OF PAY EQUITY PRO- exempt from the requirements of the Fair disparities; GRAMS AND PAY EQUITY DATA COL- Labor Standards Act pursuant to section (3) sponsoring and assisting State and com- LECTION. 3(s)(1)(A)(i) and (ii) of such Act. munity informational and educational pro- (a) BUREAU OF LABOR STATISTICS DATA COL- SEC. 12. RULE OF CONSTRUCTION. grams; LECTION.—The Commissioner of Labor Sta- Nothing in this Act, or in any amendments (4) providing information to employers, tistics shall continue to collect data on made by this Act, shall affect the obligation labor organizations, professional associa- women workers in the Current Employment of employers and employees to fully comply tions, and other interested persons on the Statistics survey. with all applicable immigration laws, includ- means of eliminating the pay disparities; (b) OFFICE OF FEDERAL CONTRACT COMPLI- ing any penalties, fines, or other sanctions. (5) recognizing and promoting the achieve- ANCE PROGRAMS INITIATIVES.—The Director The SPEAKER pro tempore. Pursu- ments of employers, labor organizations, and of the Office of Federal Contract Compliance professional associations that have worked Programs shall ensure that employees of the ant to section 5(b) of House Resolution to eliminate the pay disparities; and Office— 5, the gentleman from California (Mr. (6) convening a national summit to discuss, (1)(A) shall use the full range of investiga- MILLER) and the gentleman from Cali- and consider approaches for rectifying, the tory tools at the Office’s disposal, including fornia (Mr. MCKEON) each will control pay disparities. pay grade methodology; 30 minutes.

VerDate Nov 24 2008 01:39 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JA7.011 H09JAPT1 rfrederick on PROD1PC67 with HOUSE January 9, 2009 CONGRESSIONAL RECORD — HOUSE H127 The Chair recognizes the gentleman because she was a woman, but she was women less money for doing the same from California (Mr. MILLER). unable to know that because she could job as their male counterparts. Noth- Mr. GEORGE MILLER of California. not discuss her pay with any of the ing could be further from the truth. Madam Speaker, I yield myself 3 min- other supervisors, the people in the This bill isn’t needed to protect utes. place of employment. That is wrong. women from wage discrimination. Such Madam Speaker, Members of the They should be allowed to do that. protections are already included in the House, in 1963, the Equal Pay Act was Such policies silence workers and law. No, this bill is about something passed to end the discriminatory prac- allow employers to hide discriminatory entirely different. tices of paying men and women dif- pay practices. Employees should feel Rather than addressing the real con- ferently for performing the same job. free to discuss their pay. It is often the cerns of working families, issues like The law’s principle is that women and only way that they can discover dis- job training, health care, or a lack of men should be paid based upon their criminatory pay practice and seek to workplace flexibility, this bill invites merits and not on an employer’s preju- rectify them. more and costlier lawsuits. dice. The bill will also put gender-based The bill opens EPA claims to unlim- Before the Equal Pay Act, women in discrimination sanctions on an equal ited compensatory and punitive dam- the workplace earned 59 cents on the footing with other forms of discrimina- ages for the first time ever. The major- dollar compared to their male counter- tion by allowing women to sue for pu- ity offered an amendment last year parts. Things have gotten better since nitive damages in addition to compen- that attempts to mask this trial law- the passage of the act, but we still see satory damages, just as business and yer boondoggle. But make no mistake that women earn only 78 cents for workers may do under section 1981 for about it, at the end of the day, this bill every dollar that is earned by a man race and national origin discrimina- will invite more lawyers to bring more doing the same job with the same re- tion. lawsuits because it offers them the sponsibilities. If we are serious about closing the promise of a bigger payday. It is also very disturbing that Afri- gender pay gap, we must get serious H.R. 12 will breed litigation in other can American women earn only 66 about punishing those who would oth- ways as well, from encouraging class cents on the dollar, and Hispanic erwise scoff at the weak sanctions action lawsuits to expanding liability. women earn an astonishing 55 cents on under the current law. I am also concerned that this bill has the dollar compared to their male The Paycheck Fairness Act will re- been put forward using misleading counterparts in the workplace. This quire the Department of Labor to con- claims to justify its dangerous con- wage disparity will cost women any- tinue collecting pay information based sequences. One statistic that is often where from $400,000 to $2 million over a upon gender. It also creates a program repeated is that women earn just 77 lifetime in lost wages, and it will fol- designed to help strengthen the nego- cents on the dollar compared to men. low them right into retirement in the tiation skills of girls and women. Madam Speaker, if a woman earned 77 form of smaller pensions and reduced Any pay gap based on gender is unac- cents on the dollar doing the same job Social Security benefits. It will make ceptable, especially during these tough as a male counterpart, it would be a their health care even more expensive. travesty and it would be illegal. Today, this House will take a critical economic times. Single women who are What supporters of this bill won’t step forward to ensure that the Equal head of households are twice as likely tell you is that the 77 percent figure Pay Act lives up to its promise. Over 12 to be in poverty as single men. For families, especially those work- does not compare one man and one years ago, our colleague, ROSA woman, equally situated, doing the DELAURO from Connecticut, introduced ing under or near the poverty line, same job. To argue that a woman only the Paycheck Fairness Act. In those 12 equal pay for women will make a sig- makes 77 cents on the dollar doing the years, she was unable to get a hearing nificant difference in their economic same work as her male counterpart is in this Congress. But she has now re- well-being. to distort reality. The 77 percent figure ceived a hearing, and later today she Allowing wage discrimination to con- will receive passage of this legislation tinue will hold down women and their is based on 2005 census data, looking at that will greatly strengthen the Equal families while further harming the median earnings of all women and all Pay Act and close many of the loop- American economy. men who work at least 35 hours per holes that have allowed employers to And, again, I’d like to thank Con- week. Interestingly, if you look at 2006 avoid responsibility for discriminatory gresswoman ROSA DELAURO for her pas- data from the U.S. Department of pay. sionate advocacy of this legislation and Labor comparing men and women who Currently, an employer can refute a her introduction of this legislation. worked 40 hours per week, women actu- pay discrimination claim if he or she I reserve the balance of my time. ally earned 88 cents on the dollar. provides the difference of pay is based Mr. MCKEON. Madam Speaker, I rise That’s better but not good enough. The upon any factor other than gender, in opposition to the bill, and I yield wage gap is much narrower, but the ex- even factors unrelated to the job. That myself such time as I may consume. istence of a gap is still troubling. is just unacceptable. An excuse for Discrimination in the workplace is However, in the 110th Congress, the equal pay that is not related to the job wrong. Paying women lower wages for Education and Labor Committee heard is no excuse at all. H.R. 12 will ensure the same work is wrong. It’s also ille- testimony that cited an article pub- that employers either provide equal gal. lished in ‘‘The American Economic Re- pay for equal work, or provide a real Congress enacted protections to en- view,’’ which found that when data on business justification for not doing so. sure equal pay for equal work in 1963 demographics, education, scores on the They will have to show that any gen- when the Equal Pay Act was added to Armed Forces Qualification Test, and der-based wage differential is job-re- the Fair Labor Standards Act. Con- work experience are added, the wage lated, not based on or derived from gress acted again to protect women and ratio rises to 91.4 percent. The addition gender-based differential and is con- all Americans from workplace dis- of variables measuring workplace and sistent with business necessity. crimination with the enactment of occupational characteristics, as well as H.R. 12 will also prohibit employers title VII of the Civil Rights Act. child-related factors, causes the wage from retaliating against employees Together, these laws offer women ratio to rise to 95.1 percent. When the who discuss their pay. Many employers strong protections against workplace percentage female in the occupation is have policies forbidding employees discrimination and strong remedies added, the wage ratio becomes 97.5 per- from talking about their pay. This was should they be subject to illegal em- cent, a far less significant difference. the case of Lilly Ledbetter, the subject ployment practices. In another study, researchers from of the previous legislation that we just Yet we’re here today debating a bill the University of Chicago and Cornell considered here this morning. that has been touted as necessary to University found almost no difference protect women from being underpaid. in the pay of male and female top cor- b 1145 Supporters of the bill would have you porate executives when accounting for For years, Lilly Ledbetter was paid believe that unless this legislation is size of firm, position in the company, less than her male counterparts just enacted, employers are free to pay age, seniority, and experience.

VerDate Nov 24 2008 01:48 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.045 H09JAPT1 rfrederick on PROD1PC67 with HOUSE H128 CONGRESSIONAL RECORD — HOUSE January 9, 2009 So before we use the 77 percent figure Mr. MCKEON. I’m happy to yield to (Mr. ANDREWS asked and was given to justify new legal ‘‘gotchas,’’ I think at this time to the subcommittee rank- permission to revise and extend his re- we need a better understanding of the ing member over this piece of legisla- marks.) scope of any actual pay disparity and tion, the gentleman from Minnesota b 1200 why such a disparity exists. (Mr. KLINE), such time as he may con- Madam Speaker, I’ve said it before sume. Mr. ANDREWS. Mr. Speaker, I rise in and I will say it again: discrimination Mr. KLINE of Minnesota. Madam support of this legislation, and I would in the workplace is wrong. Equal pay Speaker, I thank the gentleman for like to address several of the argu- for equal work was the right principle yielding. ments that we have heard against it, when it began in 1963, and it is still Madam Speaker, once again I find first, that this is some bonanza for right today. myself rising in opposition to ill-con- trial lawyers. The bill before us is not about ensur- ceived legislation before Congress. What this is is an opportunity for ing equal pay for equal work, and it Closely related to the Ledbetter bill we women who have been discriminated doesn’t offer working women any pro- debated earlier today, the so-called against to get a lawyer. If you work as tections they don’t already enjoy. Just Paycheck Fairness Act is yet another a sales clerk or in a factory, you can’t look at the plain text of the legisla- attempt to hamstring our Nation’s afford to pay a lawyer the hourly fee tion. This bill is about more and cost- businesses by limiting their ability to that he or she needs to represent you. lier lawsuits. make hiring decisions based on the The only way you are going to get rep- Madam Speaker, I’m strongly op- merits of their individual employees. resented is through a contingent fee ar- posed to this bill, and I encourage my Despite the misleading title, this bill rangement where a lawyer would re- colleagues to join me in voting ‘‘no.’’ isn’t about paycheck fairness. As my cover, would get to keep part of what I reserve the balance of my time. you recover as part of the deal. Mr. GEORGE MILLER of California. colleagues on the Education and Labor Now, the problem with the Equal Pay I yield 2 minutes to the gentlewoman Committee know very well, multiple Act is its remedies are limited so much from California (Ms. WOOLSEY), a mem- existing laws, including the Fair Labor to just twice what your salary is that ber of the committee. Standards Act and the Civil Rights Ms. WOOLSEY. Thank you, Mr. Act, already make it illegal to dis- the damages are never high enough to Chairman. criminate on the basis of sex, and justify legal representation. This is Madam Speaker, at one time I was a rightly so. about getting lawyers for people who single mother raising three small chil- Rather than curbing discriminatory have a valid claim who cannot afford dren. I worked full time, but I still employment practices, as its sup- the thousands of dollars that it would struggled to put food on the table and porters claim, this bill vastly expands be. to care for my children because my the likelihood of discrimination law- Second, there was a representation paycheck did not cover all of our needs. suits by making it easier and more lu- made that defenses are stripped from That’s when women earned 59 cents on crative for trial lawyers to bring such employers. That’s not accurate. What the dollar. That’s when I needed Aid cases. In fact, a more apt name for this is accurate is that if an employer al- for Dependent Children to make ends bill would be the Plaintiff Bar or Trial leges that some reason other than gen- meet at our house, even though I got a Lawyer Expansion Act, and I can un- der was the reason that he paid the paycheck every month. derstand why some of my colleagues woman less than the man, it has to be And that’s when I decided that I who may have law schools in their dis- a legitimate reason, like level of edu- should join the Sonoma County Com- tricts or have the opportunity to per- cation or experience. It has to be a le- mission on the status of women where haps build a new law school might, in gitimate reason. The present law I eventually became the Chair, and we fact, be in favor of this legislation. doesn’t require that legitimacy. worked to change that very statistic of This bill would allow discrimination Finally, the statement was made what women earn compared to men. claims to be made on very thin grounds that an employer cannot discharge an But we now are only at 77 cents to the and expose employers to unlimited employee for talking about pay scales dollar. claims made under the Equal Pay Act, publicly, that’s not accurate. What the That actually was more than 40 years far beyond what is available under any law does is to say that it protects em- ago, but today there are still millions other civil rights law. The bill also ex- ployees that are custodians and guard- of mothers in this country that are poses employers to unlimited punitive ians of pay records. But it certainly struggling to provide for their families and compensatory damage awards, doesn’t restrict in any way an employ- while trying to balance full-time work. without requiring proof of intentional er’s right to enforce a legitimate and It is a fact, and we have said it before discrimination. It eliminates key em- realistic company policy. today, that single mothers are twice as ployer defenses for pay disparities, and This is a good bill. It’s an excellent likely than single fathers to raise their it prohibits employers from dis- proposal that will help lift the eco- children in poverty. Unfortunately, so nomic status of women who work very long as women continue to receive 77 ciplining or discharging employees for hard, every day, in some cases 7 days a cents on the dollar earned by a man, publicly disclosing sensitive wage in- week, and deserve it. this statistic is unlikely to change formation. I would urge a ‘‘yes’’ vote. anytime soon, particularly when a Madam Speaker, we all can agree Mr. MCKEON. I reserve. woman college graduate earns the that wage discrimination is uncon- Mr. GEORGE MILLER of California. equivalent of a male gardener. scionable. It is prohibited under Fed- You’ve got to take those statistics eral laws that are already strongly sup- Mr. Speaker, I yield myself 30 seconds into your head. You’ve got to know ported and aggressively enforced by the here just to say that I am about to rec- what it means, and in this current eco- U.S. Department of Labor. ognize, to speak on this legislation, nomic climate, things are so bad. We Congress should not be in the busi- Congresswoman ROSA DELAURO of Con- can’t in good conscience sit by, and let ness of making employment decisions necticut. I think all of us in the House, one American worker earn less than for individual businesses. In times of whether we agree or disagree with this she rightfully deserves. economic uncertainty, we should in- legislation, recognize the incredible ad- This gap in pay cannot be explained stead focus on improving conditions for vocacy that she has brought to this away just as a result of women’s per- individual workers and enabling our issue of equal pay for equal work, of sonal choices. In fact, a recent study Nation’s businesses, large and small, to paycheck fairness, of women’s rights at from the American Association of Uni- continue to create jobs and drive our work, and the protection of low-income versity Women found that just 1 year Nation’s economy. American families throughout her en- out of college, women working full- I strongly urge my colleagues to vote tire career in the Congress. time make just 80 percent of what their against this legislation. As I had mentioned earlier in this de- male counterparts earn. Mr. GEORGE MILLER of California. bate, she introduced this legislation The Paycheck Fairness Act is one of I yield 2 minutes to the gentleman some 12 years ago and has been unable the first steps to get us back to an eco- from New Jersey (Mr. ANDREWS) a to get a hearing on the legislation. We nomic recovery. It must be passed. member of the committee. provided that hearing, and I think it

VerDate Nov 24 2008 03:45 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.046 H09JAPT1 rfrederick on PROD1PC67 with HOUSE January 9, 2009 CONGRESSIONAL RECORD — HOUSE H129 was compelling to almost all of the anywhere from $400,000 to $2 million That is the whole reason why we are members of the committee that this over her lifetime. That lack of pay eq- here. It is my hope that the House acts wage disparity and these actions could uity translates into less income toward today to pass both the Lilly Ledbetter not continue and deny women their full a pension, in some cases Social Secu- Fair Pay Act and the Paycheck Fair- opportunity to participate in the rity benefits. It is no coincidence that ness Act to again make history for this American economy on equal footing. 70 percent of older adults living in pov- country. So it’s with a lot of pride and a great erty are women. Mr. MCKEON. Mr. Speaker, I con- sense of honor just to recognize her to I am so proud that, together with the tinue to reserve. speak on behalf of this legislation Lilly Ledbetter Fair Pay Act, the Pay- Mr. GEORGE MILLER of California. which she has introduced and she is the check Fairness Act is among the first Mr. Speaker, I yield 2 minutes to the primary author of. legislative proposals this Congress has gentleman from Illinois (Mr. HARE), a I recognize the gentlewoman from chosen to consider. It says something member of the committee. Connecticut for 6 minutes. profound about our priorities as an in- Mr. HARE. Mr. Speaker, I rise in Ms. DELAURO. Mr. Speaker, I rise in stitution and our goals for the months strong support of H.R. 12, the Paycheck support of the Paycheck Fairness Act ahead. It says that we are a Nation Fairness Act, of which I am a proud co- and the Lilly Ledbetter Fair Pay Act. that values the work that women do in sponsor. I want to commend my friend I want to commend and thank Chair- our society. and colleague, Representative ROSA man MILLER for his tireless commit- The Paycheck Fairness Act closes DELAURO, for introducing this legisla- ment to this issue—I know that we loopholes that have enabled employers tion so we can seriously address the could never have come this far without to evade liability, stiffens penalties for long-standing problem of gender-based his tenacious leadership, we are grate- employers who discriminate based on wage discrimination in our Nation. ful—and to Speaker PELOSI, whose vi- gender, protects employees from retal- According to the U.S. Census Bureau, sion and leadership have made pay eq- iation for sharing salary information, women only make 77 cents for every uity a priority in this Congress. with some exceptions. It establishes a dollar earned by a man. This wage dis- Earlier this week we convened the grant initiative to provide negotiation parity will end up costing women any- 111th Congress. We welcomed our new skills training programs for girls and where from $400,000 to $2 million over a colleagues to the floor, we celebrated women. lifetime in lost wages. Making matters this institution’s proudest achieve- It addresses a real problem with con- worse, the wage gap grows wider as ments and honored its great potential. crete solutions. Last year working women age and move through their ca- Together, we look to the challenges be- women filed over 800 charges of unlaw- reers. This is not only a problem for fore us with a great sense of responsi- ful sex-based pay discrimination with women, it is a problem for our Nation. bility. the U.S. Equal Employment Oppor- Gender-based wage disparity allows Today, the economy weighs heavily tunity Commission. We all know Lilly employers to discriminate against on most Americans. Families across Ledbetter’s story. For so many years women and avoid liability in the she was shortchanged by her employer. this Nation are struggling with job in- courts. Secondly, wage discrimination This week, a New York Times edi- security, declining incomes, fore- leads to more women in poverty, in- torial said that by acting today, we closures and a financial system in cri- can, and I quote, ‘‘signal a welcome creasing the burden of health care sis. Women, who account for nearly one new seriousness in Washington about costs of welfare programs on the tax- half of the workforce, feel the effects of protecting civil rights after 8 years of payer. this faltering economy with particular erosion.’’ The Paycheck Fairness Act will force and poignancy. This is our moment to fight for eco- strengthen pay equity laws by closing Incomes for women-headed house- nomic freedom and to eliminate the the loopholes that have allowed em- holds are down by 3 percent since 2000. systemic discrimination faced by ployers to avoid responsibility for dis- Unmarried women have an average women workers. Because what we criminatory pay and help to build eco- household income almost $12,000 lower know is at stake, had the Paycheck nomic and retirement security for than unmarried men, and half of all Fairness Act been the law of the land women. women are in jobs that do not offer re- when Lilly Ledbetter decided to go to It is in the best interest of all Ameri- tirement plans. Retired women are court, she would have had a far better cans to ensure that every worker is more likely to be poor than elderly opportunity to receive just compensa- treated fairly in the workplace. I urge men. tion for the discrimination that she en- my colleagues to support this bill. With our economy in crisis, so many dured. Again, I thank Congresswoman women are on the edge financially. That is why President-elect Obama DELAURO for her leadership on this They feel as if their economic freedom has said about the Paycheck Fairness issue. is under assault. Almost 60 percent of Act, and I quote, ‘‘This isn’t just an Mr. MCKEON. Mr. Speaker, I con- women say they are concerned about economic issue for millions of Ameri- tinue to reserve. achieving their economic and financial cans and their families. It’s a question Mr. ANDREWS. Mr. Speaker, I am goals over the next 5 years, 15 points of who we are as a country—of whether pleased to yield 1 minute to the gen- higher than for men. we’re going to live up to our values as tleman from New Jersey, a member of But we know that it does not have to a Nation.’’ the committee who has worked very be this way. Today we face a trans- Pay equity is not just another ben- diligently on this issue, Mr. HOLT. formational moment with a new Con- efit to be bargained for or bargained Mr. HOLT. I thank the gentleman. gress, a new administration. We have a away. It is about giving women the Mr. Speaker, I rise in support of the chance to finally provide equal pay for power to gain economic security for Paycheck Fairness Act. Equal pay for equal work and make opportunity real themselves and for their families. This equal work must not be just a saying, for millions of American women. The body took a major step when it passed it must be the law. status quo will not do. the Lilly Ledbetter Fair Pay Act and Last year I had the honor of joining The Department of Labor’s own data the Paycheck Fairness Act last sum- the Chair of our committee and others shows that today women still earn 78 mer. We return today to carry that mo- in unveiling the portrait of the former cents for every dollar that men earn, mentum forward, finish what we start- New Jersey Representative Mary Nor- and the marketplace alone will not cor- ed. ton, who was Chair of the Labor Com- rect this injustice. We need a solution I have always been proud to serve in mittee seven decades ago and a tireless in law, just as our country has done in this institution, and I revere those law- advocate then for equal pay. the past, to bring down discriminatory makers who, before us on previous Under her leadership, Congress barriers. days, took a stand for health care, for passed the 1938 Fair Labor Standards As the National Committee on Pay the elderly or for the Civil Rights Act Act that established the 40-hour work Equity tells us, pay disparity’s long- and for the Family and Medical Leave week, it outlawed child labor and es- term impact on women’s lifetime earn- Act and made such an impact on peo- tablished a minimum wage of 25 cents ings is substantial, can cost a woman ple’s lives. an hour. The criticisms we hear today

VerDate Nov 24 2008 01:48 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.048 H09JAPT1 rfrederick on PROD1PC67 with HOUSE H130 CONGRESSIONAL RECORD — HOUSE January 9, 2009 were the same then. The Federal Gov- But even today in 2009, women make and persists to this day. Women receive ernment shouldn’t be involved, the an average of only 78 cents for every less compensation than their male critics said. dollar made by their male counter- counterparts do for the same work. I think of Mary Norton today when I parts. The importance of the Paycheck This bill is going to close the legal say that while we have made signifi- Fairness Act is clear. Gender-based loopholes that employers have ex- cant progress since the Equal Pay Act wage discrimination has been illegal in ploited to avoid compensation dis- of 1963, the fight for equality in the this country since the Equal Pay Act crimination lawsuits. It will treat gen- workplace is far from over. According of 1963 was signed into law. Yet, the der discrimination on par with other to the Census Bureau, women still earn pay disparity between women and men types of discrimination. 78 percent of men. that still persists today highlights the We are about to have an economic Mary Norton understood that the need to take another look at our wage stimulus package. We have to make wage gap was not just a women’s issue, discrimination laws. This disparity, by sure that women are able to fully par- it is a family issue. Nowadays, men un- the way, is estimated to cost a working ticipate in the gains that we hope to derstand that too. When women earn woman between $400,000 and $2 million see in this economy. less for equal work, families are forced over a lifetime. I am a proud cosponsor Thank you, ROSA DELAURO, for to make do with less. and urge ‘‘yes.’’ standing up for economic justice. Mr. ANDREWS. Mr. Speaker, may I I urge my colleagues to pass the Pay- Mr. ANDREWS. Mr. Speaker, I am inquire as to how much time each side check Fairness Act. pleased at this time to yield 1 minute Mr. ANDREWS. Mr. Speaker, I am has remaining. to the gentleman from Michigan (Mr. very pleased to yield 1 minute to the The SPEAKER pro tempore (Mr. PETERS), one of our new Members who gentlelady who really makes the trains HOLDEN). The gentleman from New Jer- is already delivering justice for the run on time around here, the Chair of sey has 10 minutes remaining. The gen- hardworking women of his district. the Rules Committee, Ms. SLAUGHTER tleman from California has 22 minutes Mr. PETERS. I would like to thank from New York. remaining. Ms. SLAUGHTER. Thank you, Mr. the gentleman from New Jersey. Mr. ANDREWS. Mr. Speaker, at this Chairman, I appreciate it very much. Mr. Speaker, I rise today in support time I am pleased to yield 1 minute to Mr. Speaker, when I graduated from of H.R. 12. Decades after the landmark the gentlewoman from Ohio (Ms. SUT- the University of Kentucky with both a Equal Pay Act and the Civil Rights TON), a distinguished employment law- bachelor’s degree and a master’s de- Act, women in my home State of yer before she came to this body. gree, I believed at that time that it was Michigan still earn an intolerable 70 Ms. SUTTON. Mr. Speaker, I thank perfectly fine to discriminate against cents for every dollar earned by a man. the gentleman for the time and for his women. Do you know why we were dis- This discrimination must end. Pay leadership, and I thank the distin- criminated against in our wages, even equity is not just a women’s issue, it is guished Chair of the Education and though we had gone to the same class- an economic issue. More than ever, Labor Committee, Mr. MILLER, for his es, we had earned the same degree from working families are relying on two in- leadership, and, of course, the gentle- the University of Kentucky, but comes. When a mother is denied fair woman from Connecticut, Ms. women were told we were worth half as pay, she is denied the ability to provide DELAURO, for her unyielding advocacy much because we might get married for her family, her husband, her chil- on this legislation. and we might have children. Therefore, dren, and the entire family suffers. Mr. Speaker, I rise in strong support there was no point in making any in- b 1215 of this bill. Last November, people vestment whatever in us. I believed across this country voted for change, My two daughters, Madeleine and that up until the point where I became and with passage of this legislation we Alana, will enter the workforce some the mother of three daughters and the will finally change the wage gap that day. If I learned that an employer was grandmother of two young women. has persisted between men and women. I first got involved in this as at the paying my daughters less than what We know the statistics: 77 cents on 1972 Democratic convention. At that they deserve, simply because they were the dollar that women earn as opposed time we all wore little buttons that female, I would be outraged. And right to men. But this is about more than said 59 cents on the dollar. That’s what now our Nation’s daughters, our Na- statistics. It is about people. It is we were paid then 40 years ago. How far tion’s sisters, our Nation’s mothers, about women and it is about their fam- have we come? Up from 59 to 77 cents. are being denied fair treatment and I ilies, and it is about fairness. With I cannot for the life of me believe am outraged, and we all should be as every paycheck of these affected that anyone would be opposed to this well. This bill creates commonsense women, they are cheated and their bill, knowing that in almost every measures to ensure fair treatment for families are cheated. It robs families of American family both parents work to women, and I urge its passage here earned income, it robs their pensions, try to make ends meet. Why should one today. it robs their Social Security benefits, of them be cheated? Isn’t that a cheat Mr. MCKEON. Mr. Speaker, I reserve and it robs them of fairness and jus- on the family? my time. tice. My anger knows no bounds. I am so Mr. ANDREWS. Mr. Speaker, I am We are a country that values fairness grateful this is up today. Forty years is pleased to yield 1 minute to a very and justice for all of our citizens, not long enough to wait. strong voice for workers’ rights in this just those of a certain gender. Let’s Mr. ANDREWS. Mr. Speaker, I am country, the gentleman from Ohio (Mr. pass this bill. now pleased to yield 1 minute to the KUCINICH). Mr. ANDREWS. Mr. Speaker, I yield very hardworking gentlelady from New Mr. KUCINICH. In 1968, I believe it is, 1 minute to a strong and compas- Hampshire (Ms. SHEA-PORTER). Congress passed a Civil Rights Act, and sionate voice for working women all Ms. SHEA-PORTER. Mr. Speaker, I we saw still that there had been over a over this country, the gentlewoman rise today to express my enthusiastic period of 40 years racial discrimination from California (Mrs. CAPPS). support for H.R. 12, the Paycheck Fair- in America. In 1963, Congress passed Mrs. CAPPS. Mr. Speaker, I rise in ness Act, and I thank Chairman MIL- the Equal Pay Act, and yet we know strong support of H.R. 12, the Paycheck LER of the Education and Labor Com- there was wage discrimination over a Fairness Act. I want to commend our mittee and Congresswoman DELAURO, period of more than 40 years affecting colleague ROSA DELAURO for her stellar the sponsor of this legislation, for their women. work on this legislation and thank our tireless work and their leadership on This Paycheck Fairness Act is an im- leadership for making sure that this this issue. portant step in eliminating the gap bill is one of the first we are consid- To paraphrase James Madison, if men that exists between the compensation ering in our new Congress. I am and women were angels, no government of men and women. It is a travesty thrilled, and I know it is a testament would be necessary. In an ideal world, that in 2009 we even have to address to our commitment to equality for all. we wouldn’t need legislation to rein- this issue, but the fact of the matter is, H.R. 12 closes existing loopholes that force a concept of equal pay for equal the unfortunate reality is that a com- otherwise prevent employees from re- work. pensation gap has existed for decades couping deserved wages. Existing law

VerDate Nov 24 2008 01:48 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.050 H09JAPT1 rfrederick on PROD1PC67 with HOUSE January 9, 2009 CONGRESSIONAL RECORD — HOUSE H131 allows employers to use a myriad of ex- Justice has not been achieved over combat wage discrimination and eliminate cuses to justify a pay disparity be- the past 45 years, with women’s wages loopholes in the current law. The Paycheck tween men and women. This is true rising from 59 cents for every dollar Fairness Act creates meaningful penalties even if the excuse has nothing to do earned by a man in 1963 to just 77 cents against employers whose pay practices are with the job itself. Furthermore, per dollar earned by a man in 2008. Mi- proven to have been discriminatory. The bill women cannot always safely discuss nority women face even greater dis- will also protect workers from retaliation by salaries with their coworkers to deter- parity, a gap that widened even more their employers when employees discuss their mine if there is discrimination occur- last year. These women are from all pay with coworkers. ring for fear of retaliation from their walks of life. They calculate our taxes. Early last year the House passed H.R. employers. The Paycheck Fairness Act They teach our children. In California’s 2831, legislation reversing last year’s Supreme will ensure that women can safely dis- District 15, my home district, they are Court decision in Ledbetter v. Goodyear Tire cuss wages with other workers and developing the technologies of the fu- and Rubber Co., in which the court ruled, 5– modernize the law so that companies ture. Our sisters, daughters, and grand- 4, that workers filing suit for pay discrimination must show more proof that pay dispari- daughters deserve better from our must do so within 180 days of the actual deci- ties did not occur because of gender. country. We should have told them sion to discriminate against them. I urge my colleagues to vote in favor that they can do anything, reach for The Paycheck Protection Act is also needed of this important legislation to ensure and achieve any dream. to stop discriminatory pay practices by em- a better economic future for all Amer- I urge my colleagues to support this. ployers against our mothers, wives, daughters, ican women. Mr. MCKEON. I reserve my time. and granddaughters that do the same job as Mr. ANDREWS. Mr. Speaker, at this Mr. ANDREWS. Mr. Speaker, I yield their male counterparts. 1 minute to the gentlewoman from The Paycheck Fairness Act, will strengthen time I am pleased to yield 11⁄2 minutes the Equal Pay Act—passed more than 45 to the very principled and articulate Texas (Ms. JACKSON-LEE), who speaks years ago—and as a result improve the law’s gentleman from Texas (Mr. EDWARDS). with great authority for constituents effectiveness, and help to address the per- Mr. EDWARDS of Texas. Mr. Speak- and her beliefs. sistent wage gap between men and women. er, the Paycheck Fairness Act is about (Ms. JACKSON-LEE of Texas asked and was given permission to revise and The Paycheck Fairness Act would: far more than the size of a paycheck. It Clarify acceptable reasons for differences in is about our commitment to the Amer- extend her remarks.) Ms. JACKSON-LEE of Texas. Mr. pay by requiring employers to demonstrate ican values of hard work and equality Speaker, I thank my distinguished that wage gaps between men and women and of opportunity. The story of Amer- friend from New Jersey, and I want to doing the same work are truly a result of fac- ica is our never-ending march toward take my time to salute our distin- tors other than sex. the highest ideals of equal opportunity guished chairman, Chairman MILLER, Deter wage discrimination by strengthening for all our citizens. Today we write a and ROSA DELAURO for bringing to the penalties for equal pay violations, and by pro- new chapter in that great American forefront in this crisis of unemploy- hibiting retaliation against workers who inquire story. Today we say to women all ment, 500,000 unemployed, to recognize about employers’ wage practices or disclose across our land that if you work hard and to acknowledge to America we be- their own wages. The bill’s measured ap- and play by the rules, you will be re- lieve in fair employment. proach would ensure that women can obtain warded fairly. You will reap what you Lilly Ledbetter, we have heard you the same remedies as those subject to dis- sow. and we salute you. You lost $200,000 in crimination on the basis of race or national ori- Fulfilling the promise of equal oppor- back wages because of a Supreme Court gin. AAUW would strongly oppose any efforts tunity for American women will lift decision. Now today with the Lilly to add such caps. millions of our families and our chil- Ledbetter Fair Pay Act we know that Provide women with a fair option to proceed dren out of poverty. That is not just it will clarify that each paycheck that in a class action suit under the Equal Pay Act, progress for their families; it is real is discriminatory, that is less than it and allow women to receive punitive and com- progress for the American family. should be, will constitute a discrimina- pensatory damages for pay discrimination. Clarify the establishment provision under the Some will say this step forward is in- tory practice and you will fall within Equal Pay Act, which would allow for reason- convenient. I say that knocking down the 180 day statute of limitations. barriers to equality of opportunity has The Paycheck Fairness Act, which able comparisons between employees to de- never been the convenient thing to do, we are standing on the floor today to termine fair wages. Authorize additional training for Equal Em- but it has always been the right thing defend and support, will create mean- ployment Opportunity Commission staff to bet- to do. ingful penalties against employers Mr. Speaker, my wife and I try to ter identify and handle wage disputes. whose pay practices are proven to have It will aid in the efficient and effective en- teach our two young sons every day been discriminatory, and it will protect that if they work hard, they will do forcement of federal anti-pay discrimination workers from retaliation by their em- laws by requiring the EEOC to develop regula- well in life, that their work will be re- ployers when employees discuss their warded fairly. I am supporting this bill tions directing employers to collect wage data, pay with coworkers. reported by the race, sex, and national origin because I want the parents of every lit- In America we are a country that be- of employees. tle girl in America to be able to teach lieves in work and provides that oppor- It will require the U.S. Department of Labor that value, to make that promise to tunity for women. These are two bills to reinstate activities that promote equal pay, their daughters. It is the American that we support. What a great day in such as: directing educational programs, pro- promise. America, when Democrats can stand up viding technical assistance to employers, rec- Mr. ANDREWS. Mr. Speaker, I am for working Americans and the women ognizing businesses that address the wage pleased to yield at this time 1 minute of America. gap, collecting wage-related data, at con- to a life-long fighter against discrimi- I would like to thank Congresswoman ducting and promoting research about pay dis- nation, the gentleman from California DELAURO for this important legislation as well parities between men and women. (Mr. HONDA). as the Chairman and Ranking Minority Mem- More importantly for our young ladies going Mr. HONDA. Mr. Speaker, every day, ber of the Committee on Education and Labor into the workforce it will establish a competi- despite the Equal Pay Act of 1963, mil- for working together to see that gender equity tive grant program to develop salary negotia- lions of American women are denied is not just something we talk about, but some- tion training for women and girls. equal pay for performing comparable thing we are actually willing to put into action. As a Member of the Women’s Caucus I work. In the case of Lilly Ledbetter, This legislation is intended to combat the have been fighting for pay equity for American the Supreme Court of the United wage gap that still exists today between men women since before I arrived here as a Rep- States compounded the indignity of and women in the workplace. It is an impor- resentative in 1995, and I believe that equal discrimination by ignoring years of tant step in addressing the persistent wage pay for equal work is a simple matter of jus- Equal Employment Opportunity Com- gap between women and men by updating the tice. Wage disparities are not simply a result mission and lower court decisions, nar- Equal Pay Act—passed more than 45 years of women’s education levels or life choices. rowly interpreting the law that should ago. In fact, the pay gap between college edu- have protected her, thus denying her The reality is the Equal Pay Act needs to be cated men and women appears first after col- the justice she deserved. strengthened and improved for all women to lege—even when women are working full-time

VerDate Nov 24 2008 01:48 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 7634 Sfmt 9920 E:\CR\FM\K09JA7.052 H09JAPT1 rfrederick on PROD1PC67 with HOUSE H132 CONGRESSIONAL RECORD — HOUSE January 9, 2009 in the same fields with the same major as We would never allow our female serv- tem fundamentally unfair, except for men—and continues to widen during the first icemembers to be paid differently for trial lawyers. Now, if one of my grand- 10 years in the workforce. serving our country. Why then would daughters becomes a trial lawyer it Further, this persistent wage gap not only we allow women in the civilian sector would help her, and I guess that’s a impacts the economic security of women and to get paid 78 percent of what their good thing to support. their families today, it also directly affects male coworkers are paid? But the bill will expose family busi- women’s retirement security tomorrow. Now is I urge the passage of this these two nesses to unlimited liability, threat- the time for additional proactive measures to bills. ening jobs, and retirement security at effectively address wage discrimination and Mr. ANDREWS. Mr. Speaker, I am a time when both are on shaky ground. eliminate loopholes that have hindered the pleased to yield 1 minute to a wise and The Democrats’ meager efforts to blunt Equal Pay Act’s effectiveness. strong voice for the rights of our coun- the potential harm do not change the I urge my colleagues, both men and women try, the gentleman from Chicago (Mr. fact that trial lawyers stand to receive to support equality in rights and pay for all DAVIS). a big payday because this bill lowers Americans by supporting the Paycheck Fair- Mr. DAVIS of Illinois. Mr. Speaker, I the bar on costly jury awards. ness Act. want to thank the gentleman from New H.R. 12 will encourage class action Mr. ANDREWS. Mr. Speaker, may I Jersey for yielding. lawsuits, treating the EPA as a litiga- inquire as to the remaining time left I rise in strong support of both these tion factory. It will make it harder for on each side. bills, H.R. 11 and H.R. 12. I think it is businesses to defend against legal chal- The SPEAKER pro tempore. The gen- an excellent way to start the new ses- lenges, inviting unscrupulous trial law- tleman from New Jersey has 41⁄2 min- sion of Congress, to start the new year. yers to pursue baseless claims. utes remaining, and the gentleman I want to commend Chairman MILL Now we know what the bill would do. from California has 22 minutes remain- AND REPRESENTATIVE DELAURO for But what about what it fails to do? It ing. their strong leadership on these issues doesn’t prohibit discrimination under Mr. ANDREWS. Mr. Speaker, I am for the last several years. the law. We did that 46 years ago. It pleased to yield 1 minute to the gentle- I know that we ought to begin by doesn’t offer working women new flexi- woman from New York City (Mrs. saying that everybody has equal rights, bility so they can balance work and MALONEY), a strong advocate of wom- equal opportunity, and equal pay. I home, as Republicans have fought for. en’s rights. thank the gentleman again. It certainly doesn’t do anything to Mrs. MALONEY. This is an impor- Mr. ANDREWS. Mr. Speaker, I would stimulate the economy, which is the tant day for America’s working like to yield 30 seconds to the gen- number one issue, what many working women, and it shows what a Demo- tleman from Tennessee (Mr. COHEN), a families are struggling with today, cratic Congress can mean to their lives strong advocate for his constituents. working mothers are struggling with. because it will help end pay discrimi- Mr. COHEN. I thank the gentleman. Mr. Speaker, this is a bad bill, and I nation against women. Women are on I want to first thank Congresswoman strongly urge my colleagues to oppose the front lines of the economic melt- DELAURO for her long work on this. It it. down. When a full time working woman is hard for me to believe that it is 2009 I yield back the balance of my time. still earns only 78 cents for every dol- and this issue is still before us. It is a Mr. ANDREWS. Mr. Speaker, I yield lar men make, the results can be dev- great day in this United States Con- myself the balance of our time. astating in their lives. gress, Mr. Speaker, that we will do I want to thank my friend and col- The Paycheck Fairness Act could fairness and equity for women here in league, ROSA DELAURO, for her hard also be called the Free Speech Restora- this House. Hopefully the Senate will work on this. And this is the bill that tion Act, because it allows an employee do the same. is for the women who are office man- to simply tell other employees critical The Supreme Court in Lilly agers who are being underpaid for the information about themselves. It al- Ledbetter did itself just as much dis- men who are being called executive lows them to tell others what they are service as it did in Bush v. Gore. The vice presidents. This is the bill for the being paid and not be fired. Many of Supreme Court needed to be reversed. women who do the work, make the de- our corporations in America literally We will do it with this legislation and cisions, shoulder the responsibility but have a law that if you tell anyone what will provide remedies for women in the don’t get the pay. Now, that’s been ille- you make, you will be fired. Well, Lilly future for inequities in workplace pay. gal for 46 years, but that remedy has Ledbetter did not find out until some- Mr. MCKEON. Mr. Speaker, it is my been wholly ineffective until this bill one gave her a secret note 18 years understanding that I will close and you came along. You couldn’t get rep- after she had been discriminated will close. We have no more speakers. resented by a lawyer, under the present against in pay. Mr. ANDREWS. Mr. Speaker, that is law, because your damages couldn’t be This is a critical bill. It helps end pay correct. The only remaining speaker is enough because of the cap that were discrimination against women. Thank our chairman. put on damages. you to the Democratic leadership. Mr. MCKEON. Mr. Speaker, I yield We live in a world where women do Mr. ANDREWS. I am pleased to yield myself the balance of my time. the work, take the responsibility, 1 minute to a very effective and knowl- ‘‘The Paycheck Fairness Act.’’ It has shoulder the burden, but do not get the edgeable member of our committee, a nice ring to it. Who doesn’t support compensation. This makes the promise the gentlewoman from California (Mrs. paycheck fairness? Who doesn’t sup- of the Equal Pay Act a reality for DAVIS). port equal pay for equal work? working women around this country. Mrs. DAVIS of California. Mr. Speak- I’m proud that in the 19 years she’s er, I want to thank Congresswoman b 1230 served in this body, the author of this DELAURO and Chairman MILLER for I have three beautiful and talented bill has fought for this bill; and I say to their hard work on the Lilly Ledbetter daughters, and I have 13 beautiful and her, to you, Mr. Speaker, and Ameri- Fair Pay Act and the Paycheck Fair- talented granddaughters. I won’t men- cans all over this country, it will be- ness Act. tion that I have three handsome, tal- come law because of what we’re about In my work on the Armed Services ented sons and 16 handsome, talented to do here today. Committee, I have had the honor and grandsons. Mr. DINGELL. Mr. Speaker, I rise today in privilege of working with many of our If this would do for women what all strong support of the Paycheck Fairness Act. female servicemembers in the armed of these speeches have said it would do, I am a longtime strong supporter of this legis- services. And although work still needs I would be the strongest advocate for it lation, which strengthens the Equal Pay Act of to be done in other areas, I am proud of because of my daughters and my grand- 1963 and closes the loopholes that have al- the fact that our female servicemem- daughters and hopefully, some day, lowed employers to avoid responsibility for dis- bers receive exactly the same pay as great granddaughters. criminatory pay. their male counterparts for doing the Unfortunately, that is not what this As a husband, father, and grandfather, I am same work. In many ways, the military bill is offering. No, Mr. Speaker, if this appalled that in this day and age women are is a model of equal pay for equal work. bill becomes law, it will make the sys- still fighting for an equal paycheck. We know

VerDate Nov 24 2008 01:48 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 7634 Sfmt 9920 E:\CR\FM\A09JA7.072 H09JAPT1 rfrederick on PROD1PC67 with HOUSE January 9, 2009 CONGRESSIONAL RECORD — HOUSE H133 that on average women earn 78 cents for fective means to eliminate gender-based wage as the law of the land. I encourage my col- every dollar earned by a man. This pay dis- discrimination. By strengthening the Equal Pay leagues to support the bill. crimination has cost women thousands of dol- Act and eliminating loopholes that have for too Ms. MCCOLLUM. Mr. Speaker, I rise today lars in lost wages over their lifetime, which re- long been exploited by some employers, this in strong support of the Paycheck Fairness sults in many women not only living paycheck- legislation will offer greater protection to Act, H.R. 12, which addresses gender-based to-paycheck, but also neglecting to properly women in the workforce, while also substan- wage discrimination. This is a historic day in save for their retirement. tially increasing penalties on those disrepu- the fight for equal rights for women, and I The pay gap is too often seen as a ‘‘wom- table employers who continue to disregard our would like to thank Speaker NANCY PELOSI en’s issue.’’ In fact, this is not a women’s Nation’s laws. and House leaders for making pay equity for issue, it is a family issue. The simple fact of Mr. Speaker, during this time of economic women among the first votes in the 111th the matter is that it often takes two incomes to uncertainty it is more important than ever that Congress. make it in this country. This is especially true all Americans earn equal pay for equal work. Families are struggling with the current eco- during an economic downturn like we face I would like to thank both Chairman GEORGE nomic crisis, making it more important than today. When women are not paid fairly, our MILLER and Congresswoman ROSA DELAURO ever that women, who are often the head of families suffer. for their collective efforts on this important the household and make up nearly half the I am proud to be here today voting in favor issue and urge all my colleagues to stand up workforce, are compensated fairly and equi- of the Paycheck Fairness Act and sincerely for women workers and vote in favor of this tably. Leading the legislative session with hope this critically important legislation is legislation. measures to reverse gender-based wage bias signed into law this year. Mr. CONYERS. Mr. Speaker, I rise today in is a clear signal of the level of commitment Ms. ROYBAL-ALLARD. Mr. Speaker, I rise support of H.R. 12, ‘‘The Paycheck Fairness American families can expect from this Con- in strong support of the Paycheck Fairness Act.’’ I am hopeful that the momentum created gress. Act and commend the House leadership for with the passage of the Act this past July will The disastrous economic policies of the making this legislation among the first orders propel this important legislation through the Bush administration failed to address major of business in this new Congress. Senate and on to our new President’s desk as workforce equity issues over the last 8 years. Forty-six years ago, Congress passed the one of the first laws enacted by the 111th It is unacceptable that on average, women Equal Pay Act to end wage discrimination Congress. In doing so, our Nation takes the only make 78 cents for every dollar earned by against women who on average earned only final steps in its long journey towards ensuring a man, according to the U.S. Census Bureau. 60 cents to every dollar earned by men. that men and women receive equal pay for That could mean a difference of $400,000 to Since then, women have made extraor- equal work. $2 million over a lifetime in lost wages. Fur- dinary achievements. Glass ceilings continue The Congress first committed itself to rem- thermore, the wage disparity grows wider as to be broken in the public and private sector; edying the scourge of pay discrimination in women age and threatens their economic se- we now serve under the first female Speaker 1963, when it passed the Equal Pay Act. At curity, retirement, and quality of life. The new of the House, and the number of women that time, full-time working women were paid Congress and the incoming Administration heading Fortune 500 companies continues to on average 59 cents on the dollar earned by must act quickly to protect America’s workers expand. their male counterparts. In the ensuing 43 from wage discrimination. I believe that these achievements have con- years, the wage gap between men and The Paycheck Fairness Act seeks to level tributed to an illusion that women have women has narrowed. In 2009, women earn the playing field between men and women. reached full equality in the workplace. about 77 percent of what men earn. While this This bill will strengthen the Equal Pay Act of The sad reality is, however, that in spite of is a dramatic improvement, the 23 cent gap 1963 and close the loopholes that have al- these achievements and the passage of the that exists still exemplifies that gender dis- lowed employers to avoid responsibility for dis- Equal Pay Act, today women still earn only an crimination is a real and contemporary prob- criminatory pay. The bill will give women the estimated 78 cents to every dollar earned by lem in our labor market. same access to recover back pay and dam- their male counterparts, for equal work. H.R. 12 would attack this problem in a com- ages as victims of other types of pay discrimi- This unfairness often has devastating eco- prehensive manner. It builds on many of the nation. Furthermore, it protects employees nomic consequences on women, especially innovative policies found in the original EPA who discuss pay information from retaliation upon retirement, as pension and Social Secu- and adds provisions specifically crafted to ad- by their employers and does not doesn’t allow rity benefits are based on life earnings. dress the realities of 21st century offices. courts to accept poor excuses for unfair pay Wage discrimination can cost a woman any- H.R. 12 will strengthen the EPA by making practices. where from $400,000 to $2 million in lifetime it unlawful for an employer to pay unequal There is no question that our top priority is earnings, contributing to the disturbing fact wages to men and women who have substan- to get Americans and our economy working that today women make up 70 percent of tially similar jobs that are performed under again. The Paycheck Fairness Act recognizes older adults living in poverty. similar working conditions within the same that equal pay is not only an issue of fairness I urge my colleagues to begin the process physical location of business. Under the origi- for women, but also one of fairness for work- of ending wage discrimination in our Nation’s nal EPA, employers can justify unequal pay if ing families. In these tough economic times, workplaces once and for all by voting yes on it is based on: seniority; merit; quality or quan- this bill could make all the difference for work- the Paycheck Fairness Act. We need to act tity of production; or ‘‘any factor other than ing families to make ends meet in their every- today to strengthen the Equal Pay Act and en- sex.’’ This legislation clarifies the ‘any factor day lives. Through these efforts we can help sure that women in the workforce have the other than sex’ defense, so that an employer give families the resources they need to give means to protect their economic security. trying to justify paying a man more than a their children a better future. Pay equity Mr. LARSON of Connecticut. Mr. Speaker, I woman for the same job must show that the should not be a benefit that needs to be bar- rise today in strong support of the Paycheck disparity is not sex-based, is job-related, and gained for, it is a promise that the government Fairness Act, H.R. 12, which continues this necessary for the business. must ensure. House’s efforts to ensure fair and equal pay The bill will also prohibit employers from re- I urge my colleagues to support this bill to for the women of our workforce. taliating against employees who discuss or ensure economic security for women, their Over four decades ago, Congress passed disclose salary information with their cowork- families, and our communities. Through this the Equal Pay Act with the goal of eliminating ers. However, employees such as human re- legislation we can ensure a better future for gender-based wage discrimination and once sources personnel who have access to payroll our daughters, granddaughters, and genera- and for all closing the wage gap between men information as part of their job would not be tions to come. and women. Unfortunately, loopholes and defi- protected if they disclose the salaries of other Mr. LANGEVIN. Mr. Speaker, I rise in strong ciencies found within the legislative text al- workers. support of H.R. 12, the Paycheck Fairness lowed the wage gap to persist. As a result, The bill also adds teeth and accountability Act. As an original cosponsor of this bill, as women currently make on average only 77 by strengthening the remedies available to in- well as a cosponsor in previous Congressional cents for every dollar earned by a male and in clude punitive and compensatory damages. sessions, I am pleased to see this legislation my great State of Connecticut, matters are not Under the EPA currently, plaintiffs can only re- on the House floor today. much better with women making only 82 cents cover back pay and in some cases double H.R. 12 would narrow the wage gap be- on the dollar. back pay. The damages would not be capped. tween men and women and strengthen the The Paycheck Fairness Act, of which I am Mr. Speaker, the time has come for this Equal Pay Act, which makes it unlawful for an a proud cosponsor, provides a logical and ef- body to enshrine ‘‘equal pay for equal work’’ employer to pay unequal wages to men and

VerDate Nov 24 2008 01:48 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 7634 Sfmt 9920 E:\CR\FM\A09JA7.064 H09JAPT1 rfrederick on PROD1PC67 with HOUSE H134 CONGRESSIONAL RECORD — HOUSE January 9, 2009 women that have similar jobs within the same strengthening the Equal Pay Act, EPA, of Under H.R. 12 employers will have to give a establishment. The Paycheck Fairness Act 1963, so that it will be a more effective tool in satisfactory explanation for paying a man would allow women to sue for punitive dam- combating gender-based pay discrimination. more than a woman for the same job and they ages, as well as compensatory damages. Cur- Mr. DICKS. Mr. Speaker, I rise in support of will have to demonstrate that the disparity is rently, women who seek compensation for un- H.R. 12, the Paycheck Fairness Act. More not sex-based, but job-related. equal pay can only recover back pay, or in than 40 years after the passage of the Equal Employers will also now be barred from some cases, double back pay. While this bill Pay Act and Title VI, women continue to be punishing employees who discuss or disclose would increase penalties for employers who paid less for performing many of the same salary information to their co-workers. pay different wages to men and women for jobs as their male counterparts. According to The Paycheck Fairness Act will also put equal work, it also provides incentives such as the U.S. Census Bureau, on average, women gender-based discrimination on the same level training programs for employers to eliminate only make 78 cents for every dollar earned by as other forms of wage discrimination by giv- pay disparities and grant programs to help a man. That could mean a difference of ing women the opportunity to sue for compen- strengthen the negotiation skills of girls and $400,000 to $2 million over a lifetime of work. satory and punitive damages. Under current women. The pay disparity is even larger among African law women who have been discriminated Some may argue that these changes are Americans and Latinos; it affects women at all against may only recover back pay, or in not necessary, but the numbers speak for income levels and throughout the range of oc- some cases double back pay. themselves. Despite greatly increased commit- cupations in American. This gap even widens The wage gap between men and women ment to the labor force over the past 45 years, as women age. has narrowed since the passage of the land- women working full-time make 77 cents for The legislation we are considering today, mark Equal Pay Act in 1963, but according to every dollar earned by a man—less than a 20 The Paycheck Fairness Act, is a terribly im- the U.S. Census Bureau, women still only percent increase since the Equal Pay Act was portant initiative, in my judgment, designed to make 77 cents for every dollar earned by a signed into law in 1963. Even more trouble- close that pay gap between men and women. man. It’s time to close the gap and pass this some, African-American women earn 66 cents The bill strengthens the Equal Pay Act of 1963 law. to the dollar and Latina women earn 55 cents by increasing the remedies available to put H.R. 12 is a necessary tool to ensure that to the dollar. According to a Census Bureau sex-based pay discrimination on par with race- civil rights for all Americans are honored in the study, male high school graduates earned based pay discrimination. How would we workplace. For our country and our economy $13,000 more than female high school grad- achieve these objectives? Specifically, this to recover we will rely on every hardworking uates in 2006. Women with a bachelor’s de- legislation, the Paycheck Fairness Act, would: American and we cannot tolerate discrimina- gree employed year-round earned $53,201, Require that employers seeking to justify tion against anyone. while similarly educated men earned an aver- unequal should bear the burden of proving I’m very proud to support this bill and I urge age of $76,749. This same study also noted that its actions are job-related and consistent a ‘‘yes’’ vote on the underlying legislation. that the pay difference between men and with a business necessity; Ms. WASSERMAN SCHULTZ. Mr. Speaker, women grows wider as they age. Prohibit employers from retaliating against in 1963, President Kennedy signed the Equal Mr. Speaker, I urge my colleagues to sup- employees who share salary information with Pay Act in order to address the nation’s wage port this bill to protect women like Lilly their co-workers; gap. And yet, 46 years later women still make Ledbetter from taking their case for equal pay Put gender-based discrimination sanctions on average only 77 cents for every dollar all the way to the Supreme Court, to support on an equal footing with other forms of wage earned by men for the same work. single mothers who may worry whether or not discrimination such as discrimination based on But thanks to Lilly Ledbetter, we are going they are being treated fairly by their employers race, disability or age. We would achieve this to right that wrong today on the House floor. while they provide for their children, and to en- by allowing women to sue for compensatory In 2007, I had the opportunity to meet Lilly. sure that daughters entering college can reach and punitive damages; She told me how she had no proof of pay dis- their full potential when they graduate. Require the Department of Labor to en- crimination until someone anonymously Ms. LEE of California. Mr. Speaker, I rise hance outreach and training efforts to work slipped payroll records into her mailbox. Anon- today in support of H.R. 12, the Paycheck with employers in order to eliminate pay dis- ymously because Goodyear’s payroll records Fairness Act. I want to thank my colleague parities; were secret. Congresswoman ROSA DELAURO for intro- Require the Department of Labor to con- This bill lifts the cloak of secrecy that allows ducing it, a champion for women and working tinue to collect and disseminate wage informa- these kinds of unfair pay practices to fester— families. And I also want to thank President- tion based on gender; and, finally, which is exactly why the House proudly elect Obama for urging us to pass this impor- Create a new grant program to help passed this bill last Congress. tant bill. I urge my colleagues today to once again In 1963, women working full-time made 59 strengthen the negotiation skills of girls and support fair pay practices, and see that this cents on average for every dollar earned by women. men. For every dollar men earn today, women Mr. Speaker, at the outset of the 111th Ses- important legislation becomes law. What you earn 78 cents. Over the last 45 years the sion of Congress, I believe passage of this don’t know, can hurt you. wage gap has narrowed by less than half a legislation sends a necessary and most appro- I thank Chairman MILLER and Representa- cent per year. Clearly, we still have a long priate message to employers across this na- tive DELAURO for their leadership on this issue. way to go. tion that the work done by women is every bit The Paycheck Fairness Act is a bold step The wage gap is most severe for women of as important and valuable as the labor of forward in righting the wrong of pay discrimi- color. It is absolutely inexcusable that women working men in America, and that we are re- nation. and especially minority women earn a fraction solving through this bill to end the overt as Mr. STARK. Mr. Speaker, I rise in strong of what men earn for the same job. well as the subtle discrimination that still exists support of the Paycheck Fairness Act. African-American women earn just 63 cents against women in the American workplace. The Equal Pay Act of 1963 was a landmark on the dollar and Latina women earn far I strongly support this legislation, and I urge piece of legislation. Along with other civil rights worse at 52 cents. In my own State of Cali- my colleagues to vote in favor or its passage. laws, it has helped to cut the gender-based fornia, Black women earn only 61 percent, and Ms. ESHOO. Mr. Speaker, I rise today to wage gap in America nearly in half. But Latina women only 42 percent, of the wages express my strong support for H.R. 12, the women are still paid less than 78 cents for of White men. That is outrageous. Paycheck Fairness Act. I salute the extraor- every dollar a man is paid. African American The wage disparity begins at the start of a dinary work of Chairman MILLER and Con- and Latin American women face even greater woman’s work life and grows wider as women gresswoman DELAURO to bring these impor- income disparities. For the last seven years— age. In the long term, this pattern of substan- tant bills to the floor today. after four decades of steady progress toward tially lower lifetime earnings affects the quality Today we are considering the Paycheck equality—the wage gap has remained stag- of life for women and their families. It limits Fairness Act to protect people like Lilly nant. their opportunities for promotion, and contrib- Ledbetter from pay discrimination. The Paycheck Fairness Act will give work- utes to decreased savings, pension income, Under current law, if an employer can name ers the tools they need to get back on track and Social Security benefits. The result is that any factor that has determined an employee’s to equality in the workplace. It modernizes the quite simply, many women are at risk of falling pay other than gender, they can justify un- Equal Pay Act, bringing it in line with other into poverty as they get older. equal pay and discriminate against female em- civil rights laws by updating rules for class-ac- H.R. 12 takes immediate steps to close the ployees. The employer’s reason does not tion suits and permitting punitive damages. wage gap for all women by amending and have to be related to the job in question. Further, it closes a major loophole relating to

VerDate Nov 24 2008 01:48 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 7634 Sfmt 9920 E:\CR\FM\A09JA7.067 H09JAPT1 rfrederick on PROD1PC67 with HOUSE January 9, 2009 CONGRESSIONAL RECORD — HOUSE H135 affirmative defenses, requiring employers to Mr. HOLT. Mr. Speaker, I rise in support of Georgia is recognized for 5 minutes in substantiate the rationale for pay disparities if H.R. 12 the Paycheck Fairness Act of 2009. support of his motion. they claim they aren’t based on gender. If en- Since the passage of the Equal Pay Act in Mr. PRICE of Georgia. Mr. Speaker, acted, the Paycheck Fairness Act will also 1963, the wage gap in the United States be- it’s a new Congress and, yes, it’s a new strengthen the Equal Employment Opportunity tween men and women has narrowed signifi- day. But what we’re debating isn’t that Commission’s ability to detect illegal salary cantly, however, on average, women still earn new. It’s, in fact, a recycled campaign practices. 78 cents for every dollar earned by a man, ac- promise to a favored special interest, It’s far past time to stand up for fair pay for cording to the U.S. Census Bureau. When and a sad reminder of the path this ma- women. I’m proud to cosponsor this important women earn less for equal work, families are jority continues to take this country. legislation, and I urge my colleagues to join forced to do more with less. Affording all of As most folks already know, equal me in voting for it. life’s expenses is challenging enough—it pay for equal work is the law of the Ms. HIRONO. Mr. Speaker, I rise in strong shouldn’t be made harder as a result of land and it has been since the passage support of H.R. 12, the Paycheck Fairness Act women being shortchanged on payday. of the Equal Pay Act of 1963. Generally, of 2009. As a member of the Education and Under current law, victims of gender-based businesses do a tremendous job paying Labor Committee and an original cosponsor, I wage discrimination recover less in damages employees fairly, regardless of gender. am glad to have the opportunity to speak in than victims of discrimination based on their But the bill before the House today support of this important bill today. race or ethnicity. All forms of discrimination, While women have made tremendous treats wage discrimination as if it were whether they are based on gender, race, or systematic. And in the midst of eco- strides in the workplace since the passage of ethnicity are equally repugnant, and the Pay- the Equal Pay Act 43 years ago, their earn- nomic challenges, we’re failing to ad- check Fairness Act ensures that the law views dress the real challenges affecting ings have not kept pace with that of their male all forms of discrimination in the workplace on coworkers. In the United States, the average Americans’ wages and the purchasing the same level. power of their paychecks. full-time working woman earns just 77 cents to In addition, the Paycheck Fairness Act If this measure becomes law, power every dollar earned by her male colleagues. would protect employees who discuss salary will be turned over to bureaucrats and This discrepancy in earnings throughout a information punished in the workplace. Often trial lawyers to interject, distort and woman’s career may cost her hundreds of times, wage discrimination is difficult to deter- oversee how wages are determined thousands, if not millions of dollars in lost in- mine because salary levels are confidential. through lawsuits and through regula- come and retirement savings. This bill would prevent employers from retali- tions. I urge my colleagues to protect the rights of ating against employees who discuss openly, It means less incentive, Mr. Speaker, women against pay discrimination and ensure the most common way pay discrimination is less incentive for employers to offer a that women are treated fairly in the workplace. uncovered. Please support equal pay for equal work and Finally, this bill would hold employers ac- variety of working situations like flex vote yes on the Paycheck Fairness Act. countable by mandating that employers dem- time or more limited travel, because Mr. TIAHRT. Mr. Speaker, today we debate onstrate to the court that pay disparity be- doing so may put an employer at risk a bill with a good title that fails to make one tween employees is not gender-based, is job- of being sued; hardly a wise action on single step toward the purported goal. H.R. related and is consistent with the needs of the their part. 12, the Paycheck Fairness Act, is being ad- business. In turn, current and prospective vanced as a bill to protect women from wage As the country faces a challenging eco- workers will suffer through lower discrimination, but this bill is really about in- nomic forecast, Congress must look after the wages, slower job creation or simply creasing lawsuits, not protecting women. best interests of working families. The Pay- fewer opportunities to meet individual I join my colleagues in rejecting wage dis- check Fairness Act will make a difference for worker needs. crimination. The American Dream is not pos- working families across the country, and I ask All of this leads, Mr. Speaker, to this sible without wage fairness. This debate, how- my colleagues to join me in supporting this motion to recommit. One of the dis- ever, is not about wage fairness; it is about bill. tinctive changes being made today to this Democrat majority rewarding one of their Mr. ANDREWS. I yield back the bal- the Equal Pay Act is the inclusion of most loyal special interest groups—trail law- ance of my time. unlimited compensatory and punitive yers. The SPEAKER pro tempore. All time damages in a lawsuit. As Members al- For more than 40 years, the 1963 Equal for debate has expired. ready know, compensatory damages re- Pay Act and Title VII of the 1964 Civil Rights Pursuant to section 5(b) of House dress wrongful conduct and punitive Act have made it illegal for employers to de- Resolution 5, the bill is considered read damages are to deter future wrongful termine an employee’s pay-scale based on his and the previous question is ordered. conduct. or her gender. I whole-heartedly agree with The question is on the engrossment and support these laws. Every American But under the Equal Pay Act, an em- and third reading of the bill. ployee does not need to show discrimi- should be able to work hard, and make a liv- The bill was ordered to be engrossed ing for his or her family. We cannot tolerate natory intent in order to prevail. As and read a third time, and was read the some have correctly described this bill, gender discrimination in the workplace. third time. Instead of strengthening these laws, H.R. 12 it’s a boondoggle for trial lawyers. MOTION TO RECOMMIT They’ll be able to collect unlimited offers no additional protection from discrimina- Mr. PRICE of Georgia. Mr. Speaker, I tion. It simply expands opportunities for trail damages, even, Mr. Speaker, even when offer a motion to recommit. a disparity is not intended. This serves lawyers to cash-in under existing non- The SPEAKER pro tempore. Is the discrimination laws. By opening discrimination no legitimate purpose and turns the gentleman opposed to the bill? Equal Pay Act into a lottery. That’s claims to unlimited compensatory and punitive Mr. PRICE of Georgia. I am. damages, H.R. 12 will give great incentives to The SPEAKER pro tempore. The why this motion is a simple, common- trial lawyers to bring frivolous claims. Such Clerk will report the motion to recom- sense change that caps reasonable, rea- claims will inevitably lead to higher costs to mit. sonable attorney’s fees at $2,000 per businesses at a time when so many are strug- The Clerk read as follows: hour. Now, surely we can agree on that. gling to remain open. High business costs Mr. Price of Georgia moves to recommit By limiting attorney’s fees, it is the often lead to job cuts. In this time of economic the bill, H.R. 12, to the Committee on Edu- intent that lawyers would take cases downturn, it is wrong to increase the burden cation and Labor with instructions to report based on actual discrimination and on employers and risk additional job losses for the bill back to the House forthwith the fol- merit and prevent lawsuit abuse. To- the benefit of wealthy trial lawyers. lowing amendments: day’s litigation system, unfortunately Mr. Speaker, strong nondiscrimination laws Page 10, line 17: strike ‘‘and’’ and after does little to restrain the filing of law- such line insert the following: are critical to the future of our nation; how- (B) by inserting ‘‘in an amount not to ex- suits. It’s why lawsuits can result in ever, H.R. 12 has nothing to do with paycheck ceed $2,000 per hour’’ after ‘‘reasonable attor- millions of dollars in lawyers’ fees, yet discrimination. Now is the time to find solu- ney’s fee’’; and plaintiffs get pennies on the dollar. It’s tions to the challenges facing our economy, Page 10, line 18, strike ‘‘(B)’’ and insert why tort costs consume approximately not endanger our businesses with frivolous ‘‘(C)’’. 2 percent of our Gross Domestic Prod- lawsuits. I ask my colleagues to join me in op- The SPEAKER pro tempore. Pursu- uct, billions of dollars. It’s why 10 per- posing this bill. ant to the rule, the gentleman from cent of every dollar spent on health

VerDate Nov 24 2008 03:45 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JA7.061 H09JAPT1 rfrederick on PROD1PC67 with HOUSE H136 CONGRESSIONAL RECORD — HOUSE January 9, 2009 care is attributed to the cost of liabil- Court work out what are reasonable the underlying legislation, and that we ity and defensive medicine, hundreds of fees in that court case. should now pass, after many, many billions of dollars. Why do they discriminate against years of waiting, the Paycheck Fair- This cap on attorneys’ fees will en- them? The gentleman is jumping to his ness Act. sure that victims of discrimination are feet. Because there’s no cap on the at- And I ask a ‘‘no’’ vote on this. protected with appropriate incentives. torneys’ fees of the people who dis- I yield back the balance of my time. Without a cap, this bill will have a det- criminated against them, on the em- The SPEAKER pro tempore. Without rimental effect on labor markets. In- ployer who made the conscious deci- objection, the previous question is or- creasing lawsuits and unlimited dam- sion to pay this person less in the dered on the motion to recommit. workplace, to treat them in a discrimi- ages will discourage hiring and may There was no objection. further segregate employment pref- natory fashion, to not recognize their The SPEAKER pro tempore. The erences for one gender in favor of an- inherent value and the comparability question is on the motion to recommit. other. of their skills and their talent. They’ve On this side of the aisle Republicans decided that those employers can pay The question was taken; and the understand that fair-minded business $5,000 an hour, $25,000 an hour, or Speaker pro tempore announced that folks want to make an honest living $250,000 and they can hire as many the noes appeared to have it. without favoring political friends or firms as they want, New York firms, Mr. PRICE of Georgia. Mr. Speaker, bureaucrats impeding job creation or Chicago firms, Los Angeles firms. They on that I demand the yeas and nays. dictating how a business should be run. can do whatever they want. But your The yeas and nays were ordered. Let’s adopt this motion to recommit. daughter, granddaughter, wife, they’re The SPEAKER pro tempore. Pursu- It’s a new Congress and a new day, but limited. They’re limited with the kind ant to clause 8 and clause 9 of rule XX, let’s not make a first act an old, recy- of legal talent they can get. this 15-minute vote on the motion to cled campaign promise to political How about in a large case in this recommit will be followed by 5-minute friends. country today where regional vice votes on passage of the bill, if ordered; I urge adoption of the motion to re- presidents, there’s 39 of them in the or- passage of H.R. 11; and the motion to commit. ganization, 10 percent of them are suspend on House Resolution 34. I yield back the balance of my time. women, the men were paid $41,900. The The vote was taken by electronic de- Mr. GEORGE MILLER of California. women were paid $27,900. The district vice, and there were—yeas 178, nays Mr. Speaker, I rise in opposition to the managers, the men were paid $23,900. 240, not voting 14, as follows: motion. The women were paid $17,000. You [Roll No. 7] The SPEAKER pro tempore. The gen- think you ought to have the right to go YEAS—178 tleman is recognized for 5 minutes. to court and have a good attorney and Mr. GEORGE MILLER of California. have the Court determine what are rea- Aderholt Forbes Miller (MI) Mr. Speaker and Members of the Akin Fortenberry Minnick sonable fees? You ought to be able to Alexander Foxx Mitchell House, this motion is a little bit unbe- prosecute your case in the face of an Austria Franks (AZ) Moran (KS) lievable in the sense that it suggests employer that may have multiple law Bachmann Frelinghuysen Murphy, Tim that we should be setting the attor- Bachus Garrett (NJ) Myrick firms on permanent retainers to deal Barrett (SC) Gerlach neys’ fees, even though the amount Neugebauer with this, as many of these defendants Bartlett Gingrey (GA) Nunes that the gentleman is asking us to set do? Barton (TX) Gohmert Olson far exceeds what would be ordinary Yes, I think you should, and so do the Biggert Goodlatte Paul Bilbray Guthrie Paulsen hourly wages fees in these kinds of people of this country and I hope so do Bilirakis Hall (TX) Pence cases across the Nation. At the same Bishop (UT) Harper the Members of this Congress. Petri Blackburn Hastings (WA) time, it makes no differentiation for I would like to yield to Mr. ANDREWS, Pitts geography, complication of cases, num- Blunt Heller the subcommittee Chair. Boehner Hensarling Platts ber of attorneys necessary in a case or Mr. ANDREWS. If the Securities and Bonner Herger Poe (TX) even the number of firms that may be. Exchange Commission filed a civil suit Bono Mack Hoekstra Posey We don’t know if this applies to all of against one of the people accused in Boozman Hunter Price (GA) Boustany Inglis Putnam the attorneys in the case with multiple the Wall Street wrongdoing, and there Brady (TX) Issa Radanovich plaintiffs; whether this applies across was a proposal on this floor that said Bright Jenkins Rehberg the firm if multiple attorneys in a firm the SEC can spend as much money as it Broun (GA) Johnson, Sam Reichert are on a single case if it’s a com- wants to on its side of the case, but the Brown-Waite, Jordan (OH) Roe (TN) Ginny King (IA) Rogers (AL) plicated case and, in many cases, these Wall Street defendants accused of the Buchanan King (NY) Rogers (KY) are very complicated cases because wrongdoing are capped on how much Burgess Kingston Rogers (MI) they go in to business practices that they can spend on their legal defenses, Burton (IN) Kirk Rohrabacher are disguised in terms of trying to jus- I think the Members in the minority Buyer Kline (MN) Rooney Calvert Lamborn Ros-Lehtinen tify unequal pay in the name of equal would say that’s unfair. It is. So is Camp Lance Roskam pay. this. Campbell Latham Royce I find it rather interesting that the To interfere in how much lawyers are Cantor LaTourette Ryan (WI) Cao Latta supporters of this amendment across paid is a matter the judges should take Scalise Capito Lee (NY) Schmidt the aisle all stood up and talked about a look at under this law. It’s not some- Carney Lewis (CA) Schock how they support the idea of equal pay, thing this Congress should interfere Carter Linder Sensenbrenner Cassidy LoBiondo how they want their daughters and Sessions with. And it frankly, I believe, is a di- Castle Lucas Shimkus their granddaughters to be treated versionary tactic to take us away from Chaffetz Luetkemeyer Shuler Childers Lummis equally, how they want to make sure the real purpose of this law, and that’s Shuster Coble Lungren, Daniel that they’re treated fairly in the work- a woman that is selling real estate or Simpson Coffman (CO) E. place and they really support the con- teaching school or sweeping floors Cole Mack Smith (NE) cept; they just don’t support this bill should make, penny for penny, dollar Conaway Manzullo Smith (NJ) Crenshaw Marchant Smith (TX) which would make that the law. for dollar, everything a man makes to Souder But then what did they decide to do? Culberson Marshall do the same job. That is the issue be- Davis (KY) Matheson Stearns They decided when those grand- fore the House. Deal (GA) McCarthy (CA) Sullivan daughters aren’t treated fairly in the Let’s defeat this diversionary amend- Dent McCaul Taylor workplace, they will discriminate ment. Let’s pass the underlying bill Diaz-Balart, L. McClintock Terry Diaz-Balart, M. McCotter Thompson (PA) against them in an ability to have an and bring long-awaited justice to Dreier McHenry Thornberry attorney. They will discriminate American women. Duncan McHugh Tiberi against them because they will say Mr. GEORGE MILLER of California. Ehlers McKeon Turner that their attorneys’ fees are going to I ask my colleagues to reject this Emerson McMorris Upton Fallin Rodgers Walden be capped according to this law, as op- amendment, to keep the purpose and Flake Mica Wamp posed to letting the judge and the the intent and the constitutionality of Fleming Miller (FL) Westmoreland

VerDate Nov 24 2008 03:01 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.059 H09JAPT1 rfrederick on PROD1PC67 with HOUSE January 9, 2009 CONGRESSIONAL RECORD — HOUSE H137 Whitfield Wittman Young (AK) Connecticut, SIRES, MCDERMOTT, Olver Sa´ nchez, Linda Tauscher Wilson (SC) Wolf Young (FL) MEEKS of New York, MURPHY of Con- Ortiz T. Taylor Pallone Sanchez, Loretta Teague NAYS—240 necticut, JOHNSON of Illinois, Pascrell Sarbanes Thompson (CA) Abercrombie Grijalva Nye TOWNS, HINOJOSA, Ms. SPEIER, Pastor (AZ) Schakowsky Thompson (MS) Ackerman Gutierrez Oberstar Messrs. FRANK of Massachusetts, Payne Schauer Tierney Pelosi Schiff Adler (NJ) Hall (NY) Obey CONYERS, and Ms. BEAN changed Titus Altmire Halvorson Olver Perlmutter Schrader Tonko Perriello Schwartz Andrews Hare Ortiz their vote from ‘‘yea’’ to ‘‘nay.’’ Towns Peters Scott (GA) Arcuri Harman Pallone Messrs. GINGREY of Georgia, TAY- Tsongas Baca Hastings (FL) Pascrell Peterson Scott (VA) LOR, BILIRAKIS, and BURGESS Van Hollen Baldwin Heinrich Pastor (AZ) Pingree (ME) Serrano Vela´ zquez Barrow Higgins Payne changed their vote from ‘‘nay’’ to Polis (CO) Sestak Visclosky Bean Hill Perlmutter ‘‘yea.’’ Pomeroy Shea-Porter Walz Becerra Himes Perriello So the motion to recommit was re- Price (NC) Sherman Berkley Hinchey Peters Rahall Shuler Wasserman Berman Hinojosa Peterson jected. Rangel Sires Schultz Bishop (GA) Hirono Pingree (ME) The result of the vote was announced Reichert Skelton Waters Bishop (NY) Hodes Polis (CO) as above recorded. Reyes Slaughter Watson Blumenauer Holden Pomeroy Richardson Smith (NJ) Watt Boccieri Holt Price (NC) The SPEAKER pro tempore. The Rodriguez Smith (WA) Waxman Boren Honda Rahall question is on the passage of the bill. Ros-Lehtinen Solis (CA) Weiner Boswell Hoyer Rangel The question was taken; and the Ross Space Welch Rothman (NJ) Speier Boyd Inslee Reyes Speaker pro tempore announced that Wexler Brady (PA) Israel Richardson Roybal-Allard Spratt Wilson (OH) Braley (IA) Jackson (IL) Rodriguez the ayes appeared to have it. Ruppersberger Stark Woolsey Rush Brown, Corrine Jackson-Lee Ross Stupak Wu RECORDED VOTE Ryan (OH) Sutton Butterfield (TX) Rothman (NJ) Yarmuth Capps Johnson (GA) Roybal-Allard Mr. LEWIS of California. Mr. Speak- Salazar Tanner Capuano Johnson (IL) Ruppersberger er, I demand a recorded vote. NOES—163 Cardoza Johnson, E. B. Rush A recorded vote was ordered. Carnahan Kanjorski Ryan (OH) Aderholt Frelinghuysen Murphy, Tim Carson (IN) Kaptur Salazar The SPEAKER pro tempore. This Akin Garrett (NJ) Myrick ´ Castor (FL) Kennedy Sanchez, Linda will be a 5-minute vote. Alexander Gingrey (GA) Neugebauer Chandler Kildee T. Austria Gohmert Nunes Clarke Kilpatrick (MI) Sanchez, Loretta The vote was taken by electronic de- Bachmann Goodlatte Olson Clay Kilroy Sarbanes vice, and there were—ayes 256, noes 163, Bachus Griffith Paul Cleaver Kind Schakowsky not voting 14, as follows: Barrett (SC) Guthrie Paulsen Clyburn Kirkpatrick (AZ) Schauer Bartlett Hall (TX) Cohen Kissell Schiff [Roll No. 8] Pence Barton (TX) Harper Petri Connolly (VA) Klein (FL) Schrader AYES—256 Biggert Hastings (WA) Conyers Kosmas Schwartz Pitts Abercrombie Bilbray Heller Cooper Kratovil Scott (GA) Dent Kaptur Platts Ackerman Bilirakis Hensarling Costa Kucinich Scott (VA) Diaz-Balart, L. Kennedy Poe (TX) Adler (NJ) Bishop (UT) Herger Costello Langevin Serrano Diaz-Balart, M. Kildee Posey Altmire Blackburn Hoekstra Courtney Larsen (WA) Sestak Dicks Kilpatrick (MI) Price (GA) Andrews Blunt Hunter Crowley Larson (CT) Shea-Porter Dingell Kilroy Putnam Arcuri Boehner Inglis Cuellar Lee (CA) Sherman Doggett Kind Radanovich Baca Bonner Issa Cummings Levin Sires Donnelly (IN) Kirkpatrick (AZ) Rehberg Baldwin Doyle Kissell Bono Mack Jenkins Dahlkemper Lewis (GA) Skelton Roe (TN) Barrow Driehaus Klein (FL) Boozman Johnson, Sam Davis (AL) Lipinski Slaughter Rogers (AL) Bean Edwards (MD) Kosmas Boustany Jordan (OH) Davis (CA) Loebsack Smith (WA) Rogers (KY) Becerra Edwards (TX) Kratovil Brady (TX) King (IA) Davis (IL) Lofgren, Zoe Space Rogers (MI) Berkley Bright King (NY) Davis (TN) Lowey Speier Ellison Kucinich Berman Broun (GA) Kingston Rohrabacher DeFazio Luja´ n Spratt Ellsworth Langevin Bishop (GA) Brown-Waite, Kirk Rooney DeGette Lynch Stark Engel Larsen (WA) Bishop (NY) Ginny Kline (MN) Roskam Delahunt Maffei Stupak Eshoo Larson (CT) Blumenauer Buchanan Lamborn Royce DeLauro Maloney Sutton Etheridge Lee (CA) Boccieri Burgess Lance Ryan (WI) Dicks Markey (CO) Tanner Farr Levin Boren Burton (IN) Latham Scalise Dingell Markey (MA) Tauscher Fattah Lewis (GA) Boswell Buyer LaTourette Schmidt Doggett Massa Teague Filner Lipinski Boyd Calvert Latta Schock Donnelly (IN) Matsui Thompson (CA) Foster Loebsack Brady (PA) Camp Lee (NY) Sensenbrenner Doyle McCarthy (NY) Thompson (MS) Frank (MA) Lofgren, Zoe Braley (IA) Campbell Lewis (CA) Sessions Driehaus McCollum Tierney Fudge Lowey Brown, Corrine ´ Cantor Linder Edwards (MD) McDermott Titus Gerlach Lujan Shimkus Butterfield Capito LoBiondo Edwards (TX) McGovern Tonko Giffords Lynch Shuster Cao Carter Lucas Ellison McIntyre Towns Gillibrand Maffei Simpson Capps Cassidy Luetkemeyer Ellsworth McMahon Tsongas Gonzalez Maloney Smith (NE) Capuano Chaffetz Lummis Engel McNerney Van Hollen Gordon (TN) Markey (CO) Smith (TX) Cardoza Coble Lungren, Daniel Eshoo Meek (FL) Vela´ zquez Grayson Markey (MA) Souder Carnahan Coffman (CO) E. Etheridge Meeks (NY) Visclosky Green, Al Marshall Stearns Carney Cole Mack Farr Melancon Walz Green, Gene Massa Sullivan Carson (IN) Conaway Manzullo Fattah Michaud Wasserman Grijalva Matheson Terry Castle Crenshaw Marchant Filner Miller (NC) Schultz Gutierrez Matsui Thompson (PA) Castor (FL) Culberson McCarthy (CA) Foster Miller, George Waters Hall (NY) McCarthy (NY) Thornberry Chandler Davis (KY) McCaul Frank (MA) Mollohan Watson Halvorson McCollum Tiberi Childers Deal (GA) McClintock Fudge Moore (KS) Watt Hare McDermott Turner Clarke Harman McGovern Dreier McCotter Giffords Moore (WI) Waxman Upton Clay Hastings (FL) McIntyre Duncan McHenry Gillibrand Moran (VA) Weiner Walden Cleaver Heinrich McMahon Ehlers McHugh Gonzalez Murphy (CT) Welch Wamp Clyburn Higgins McNerney Emerson McKeon Gordon (TN) Murphy, Patrick Wexler Westmoreland Cohen Hill Meek (FL) Fallin McMorris Grayson Murtha Wilson (OH) Whitfield Connolly (VA) Flake Rodgers Green, Al Nadler (NY) Woolsey Himes Meeks (NY) Conyers Fleming Mica Wilson (SC) Green, Gene Napolitano Wu Hinchey Melancon Cooper Forbes Miller (FL) Wittman Griffith Neal (MA) Yarmuth Hinojosa Michaud Costa Hirono Miller (NC) Fortenberry Miller (MI) Wolf NOT VOTING—14 Costello Hodes Miller, George Foxx Minnick Young (AK) Courtney Holden Mitchell Franks (AZ) Moran (KS) Young (FL) Baird Granger Shadegg Crowley Holt Mollohan Berry Graves Snyder Cuellar Honda Moore (KS) NOT VOTING—14 Boucher Herseth Sandlin Solis (CA) Cummings Hoyer Moore (WI) Baird Granger Nadler (NY) Brown (SC) Jones Tiahrt Dahlkemper Inslee Moran (VA) Berry Graves Gallegly Kagen Shadegg Davis (AL) Israel Murphy (CT) Boucher Herseth Sandlin Snyder b 1308 Davis (CA) Jackson (IL) Murphy, Patrick Brown (SC) Jones Tiahrt Davis (IL) Jackson-Lee Murtha Gallegly Kagen Mr. JACKSON of Illinois, Mrs. KIRK- Davis (TN) (TX) Napolitano PATRICK of Arizona, Mrs. DeFazio Johnson (GA) Neal (MA) DeGette Johnson (IL) Nye b 1319 HALVORSON, Messrs. WEXLER, MIL- Delahunt Johnson, E. B. Oberstar LER of North Carolina, LARSON of DeLauro Kanjorski Obey So the bill was passed.

VerDate Nov 24 2008 03:01 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JA7.056 H09JAPT1 rfrederick on PROD1PC67 with HOUSE H138 CONGRESSIONAL RECORD — HOUSE January 9, 2009 The result of the vote was announced Sarbanes Space Visclosky A motion to reconsider was laid on as above recorded. Schakowsky Speier Walz the table. Schauer Spratt Wasserman A motion to reconsider was laid on Schiff Stark Schultz The SPEAKER pro tempore (Mrs. the table. Schrader Stupak Waters DAVIS of California). Pursuant to sec- Stated for: Schwartz Sutton Watson tion 5 of House Resolution 5, H.R. 12 is Scott (GA) Tanner Mr. NADLER of New York. Madam Speaker, Watt laid on the table. Scott (VA) Tauscher Waxman Serrano Taylor on rollcall No. 8, a few minutes ago, I missed Weiner Stated against: Sestak Teague the vote. Had I been present, I would have Welch Mr. BACHUS. Madam Speaker, I missed Shea-Porter Thompson (CA) Wexler voted ‘‘aye.’’ Sherman Thompson (MS) rollcall vote 9 on passage of the Lilly Ledbetter Whitfield Fair Pay Act of 2009. Had I been present I f Shuler Tierney Sires Titus Wilson (OH) would have voted ‘‘no.’’ Woolsey LILLY LEDBETTER FAIR PAY ACT Skelton Tonko Slaughter Towns Wu f OF 2009 Smith (NJ) Tsongas Yarmuth Smith (WA) Van Hollen Young (AK) RECOGNIZING ISRAEL’S RIGHT TO The SPEAKER pro tempore (Ms. Solis (CA) Vela´ zquez DELAURO). The unfinished business is DEFEND ITSELF AGAINST AT- the vote on passage of H.R. 11, on NAYS—171 TACKS FROM GAZA which the yeas and nays were ordered. Aderholt Fleming Mica The SPEAKER pro tempore. The un- Akin Forbes Miller (FL) The Clerk read the title of the bill. Alexander Fortenberry Miller (MI) finished business is the vote on the mo- The SPEAKER pro tempore. The Austria Foxx Moran (KS) tion to suspend the rules and agree to question is on the passage of the bill. Bachmann Franks (AZ) Murphy, Tim the resolution, H. Res. 34, on which the This will be a 5-minute vote. Barrett (SC) Frelinghuysen Myrick Bartlett Garrett (NJ) Neugebauer yeas and nays were ordered. The vote was taken by electronic de- Barton (TX) Gerlach Nunes The Clerk read the title of the resolu- vice, and there were—yeas 247, nays Biggert Gingrey (GA) Olson tion. 171, not voting 15, as follows: Bilbray Gohmert Paul The SPEAKER pro tempore. The Bilirakis Goodlatte Paulsen [Roll No. 9] Bishop (UT) Griffith Pence question is on the motion offered by YEAS—247 Blackburn Guthrie Petri the gentleman from California (Mr. Blunt Hall (TX) Pitts Abercrombie Etheridge BERMAN) that the House suspend the Maffei Boehner Harper Platts Ackerman Farr Maloney Bonner Hastings (WA) Poe (TX) rules and agree to the resolution, H. Adler (NJ) Fattah Markey (CO) Bono Mack Heller Posey Res. 34. Altmire Filner Markey (MA) Boozman Hensarling Price (GA) Andrews Foster This will be a 5-minute vote. Marshall Boren Herger Putnam Arcuri Frank (MA) The vote was taken by electronic de- Massa Boustany Hoekstra Radanovich Baca Fudge Matheson Boyd Hunter Rehberg vice, and there were—yeas 390, nays 5, Baldwin Giffords Matsui Brady (TX) Inglis Reichert answered ‘‘present’’ 22, not voting 16, Barrow Gillibrand McCarthy (NY) Bright Issa Roe (TN) Bean Gonzalez as follows: McCollum Broun (GA) Jenkins Rogers (AL) Becerra Gordon (TN) McDermott Brown-Waite, Johnson (IL) Rogers (KY) [Roll No. 10] Berkley Grayson McGovern Ginny Johnson, Sam Rogers (MI) Berman Green, Al YEAS—390 McIntyre Buchanan Jordan (OH) Rohrabacher Bishop (GA) Green, Gene Ackerman Camp Donnelly (IN) McMahon Burgess King (IA) Rooney Bishop (NY) Grijalva Aderholt Campbell Doyle McNerney Burton (IN) King (NY) Ros-Lehtinen Blumenauer Gutierrez Adler (NJ) Cantor Dreier Meek (FL) Buyer Kingston Roskam Boccieri Hall (NY) Akin Cao Driehaus Meeks (NY) Calvert Kirk Royce Boswell Halvorson Alexander Capito Duncan Melancon Camp Kline (MN) Ryan (WI) Brady (PA) Hare Altmire Capps Edwards (TX) Michaud Campbell Lamborn Scalise Braley (IA) Harman Andrews Capuano Ehlers Miller (NC) Cantor Lance Schmidt Brown, Corrine Hastings (FL) Arcuri Cardoza Ellsworth Miller, George Cao Latham Schock Butterfield Heinrich Austria Carnahan Emerson Minnick Capito LaTourette Sensenbrenner Capps Higgins Baca Carney Engel Mitchell Carter Latta Sessions Capuano Hill Bachmann Carson (IN) Eshoo Mollohan Cassidy Lee (NY) Shimkus Cardoza Himes Bachus Carter Etheridge Moore (KS) Castle Lewis (CA) Shuster Carnahan Hinchey Baldwin Cassidy Fallin Moran (VA) Chaffetz Linder Simpson Carney Hinojosa Barrett (SC) Castle Fattah Murphy (CT) Childers LoBiondo Smith (NE) Carson (IN) Hirono Barrow Castor (FL) Filner Murphy, Patrick Coble Lucas Smith (TX) Castor (FL) Hodes Bartlett Chaffetz Flake Murtha Coffman (CO) Luetkemeyer Souder Chandler Holden Barton (TX) Chandler Fleming Nadler (NY) Cole Lummis Stearns Clarke Holt Bean Childers Forbes Napolitano Conaway Lungren, Daniel Sullivan Clay Honda Becerra Clarke Fortenberry Neal (MA) Crenshaw E. Terry Cleaver Hoyer Berkley Clay Foster Nye Culberson Mack Thompson (PA) Clyburn Inslee Berman Cleaver Foxx Oberstar Davis (KY) Manzullo Thornberry Cohen Israel Biggert Clyburn Frank (MA) Obey Deal (GA) Marchant Tiberi Connolly (VA) Jackson (IL) Bilbray Coble Franks (AZ) Olver Dent McCarthy (CA) Turner Conyers Jackson-Lee Bilirakis Coffman (CO) Frelinghuysen Ortiz Diaz-Balart, L. McCaul Upton Cooper (TX) Bishop (GA) Cohen Fudge Pallone Diaz-Balart, M. McClintock Walden Costa Johnson (GA) Bishop (NY) Cole Garrett (NJ) Pascrell Dreier McCotter Wamp Costello Johnson, E. B. Bishop (UT) Conaway Gerlach Pastor (AZ) Duncan McHenry Westmoreland Courtney Kanjorski Blackburn Connolly (VA) Giffords Payne Ehlers McHugh Wilson (SC) Crowley Kaptur Blunt Conyers Gillibrand Pelosi Emerson McKeon Wittman Cuellar Kennedy Boccieri Cooper Gingrey (GA) Perlmutter Fallin McMorris Wolf Cummings Kildee Boehner Costa Gohmert Perriello Flake Rodgers Young (FL) Dahlkemper Kilpatrick (MI) Peters Bonner Costello Gonzalez Davis (AL) Kilroy Peterson NOT VOTING—15 Bono Mack Courtney Goodlatte Davis (CA) Kind Pingree (ME) Boozman Crenshaw Gordon (TN) Bachus Gallegly Kagen Davis (IL) Kirkpatrick (AZ) Polis (CO) Boren Crowley Grayson Baird Granger Moore (WI) Davis (TN) Kissell Pomeroy Boswell Cuellar Green, Al Berry Graves Shadegg DeFazio Klein (FL) Price (NC) Boustany Culberson Green, Gene Boucher Herseth Sandlin Snyder DeGette Kosmas Rahall Boyd Cummings Griffith Brown (SC) Jones Tiahrt Delahunt Kratovil Rangel Brady (PA) Dahlkemper Guthrie DeLauro Kucinich Reyes ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Brady (TX) Davis (AL) Gutierrez Dicks Langevin Richardson Braley (IA) Davis (CA) Hall (NY) Dingell Larsen (WA) Rodriguez The SPEAKER pro tempore (during Bright Davis (IL) Hall (TX) Doggett Larson (CT) Ross the vote). There are less than 2 min- Broun (GA) Davis (KY) Halvorson Donnelly (IN) Lee (CA) Rothman (NJ) utes on this vote for Members who Brown, Corrine Davis (TN) Hare Doyle Levin Roybal-Allard Brown-Waite, Deal (GA) Harman Driehaus Lewis (GA) Ruppersberger have not yet voted. Ginny DeGette Harper Edwards (MD) Lipinski Rush Buchanan DeLauro Hastings (FL) Edwards (TX) Loebsack Ryan (OH) b 1328 Burgess Dent Hastings (WA) Ellison Lofgren, Zoe Salazar So the bill was passed. Burton (IN) Diaz-Balart, L. Heinrich Ellsworth Lowey Sa´ nchez, Linda Butterfield Diaz-Balart, M. Heller Engel Luja´ n T. The result of the vote was announced Buyer Dicks Herger Eshoo Lynch Sanchez, Loretta as above recorded. Calvert Doggett Higgins

VerDate Nov 24 2008 03:01 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.065 H09JAPT1 rfrederick on PROD1PC67 with HOUSE January 9, 2009 CONGRESSIONAL RECORD — HOUSE H139 Hill McGovern Ryan (WI) Herseth Sandlin Shadegg Tiahrt COMMITTEE ON ARMED SERVICES—Mr. Himes McHenry Salazar Jones Snyder Bartlett, Mr. McKeon, Mr. Thornberry, Mr. Hinojosa McHugh Sa´ nchez, Linda Kagen Solis (CA) Jones, Mr. Akin, Mr. Forbes, Mr. Miller of Hirono McIntyre T. Hodes McKeon Sarbanes b 1340 Florida, Mr. Wilson of South Carolina, Mr. LoBiondo, Mr. Bishop of Utah, Mr. Turner, Hoekstra McMahon Scalise So (two-thirds being in the affirma- Holden McMorris Schakowsky Mr. Kline of Minnesota, Mr. Rogers of Ala- Holt Rodgers Schauer tive) the rules were suspended and the bama, Mr. Franks of Arizona, Mr. Shuster, Honda McNerney Schiff resolution was agreed to. Mrs. McMorris Rodgers, Mr. Conaway, Mr. Hoyer Meek (FL) Schmidt The result of the vote was announced Lamborn, Mr. Wittman, Ms. Fallin, Mr. Hunter Meeks (NY) Schock Hunter, Mr. Fleming, Mr. Coffman of Colo- Inglis Melancon Schrader as above recorded. Inslee Mica Schwartz A motion to reconsider was laid on rado, and Mr. Rooney. Israel Michaud Scott (GA) the table. COMMITTEE ON THE BUDGET—Mr. Gar- Issa Miller (FL) Scott (VA) rett of New Jersey, Mr. Mario Diaz-Balart of Jackson (IL) Miller (MI) Sensenbrenner f Florida, Mr. Hensarling, Mr. Daniel E. Lun- Jackson-Lee Miller (NC) Serrano PERSONAL EXPLANATION gren of California, Mr. Simpson, Mr. (TX) Minnick Sessions McHenry, Mr. Mack, Mr. Conaway, Mr. Jenkins Mitchell Sestak Ms. HERSETH SANDLIN. Madam Speaker, Campbell, Mr. Alexander, Mr. Jordan of Johnson (IL) Mollohan Shea-Porter I regret that I was unable to participate in Ohio, Mr. Nunes, Mrs. Lummis, and Mr. Aus- Johnson, E. B. Moore (KS) Sherman Johnson, Sam Moran (KS) Shimkus three votes on the floor of the House of Rep- tria. Jordan (OH) Murphy (CT) Shuler resentatives today. COMMITTEE ON EDUCATION AND Kanjorski Murphy, Patrick Shuster The first vote was H.R. 12, the Paycheck LABOR—Mr. Petri, Mr. Hoekstra, Mr. Cas- Kaptur Murphy, Tim Simpson tle, Mr. Souder, Mr. Ehlers, Mrs. Biggert, Kennedy Murtha Sires Fairness Act. Had I been present, I would Mr. Platts, Mr. Wilson of South Carolina, Kildee Myrick Skelton have voted ‘‘aye’’ on that question. Mr. Kline of Minnesota, Mrs. McMorris Rod- Kilroy Nadler (NY) Slaughter The second vote was H.R. 11, the Lilly gers, Mr. Price of Georgia, Ms. Foxx, Mr. Kind Napolitano Smith (NE) Ledbetter Fair Pay Act of 2009. Had I been Bishop of Utah, Mr. Guthrie, Mr. Cassidy, King (IA) Neal (MA) Smith (NJ) King (NY) Neugebauer Smith (TX) present, I would have voted ‘‘yea’’ on that Mr. McClintock, Mr. Hunter, and Mr. Roe of Kingston Nunes Smith (WA) question. Tennessee. Kirk Nye Souder The third vote was H. Res. 34, recognizing COMMITTEE ON ENERGY AND COM- Kirkpatrick (AZ) Oberstar Space MERCE—Mr. Hall of Texas, Mr. Upton, Mr. Kissell Obey Speier Israel’s right to defend itself against attacks Stearns, Mr. Deal of Georgia, Mr. Whitfield, Klein (FL) Olson Spratt from Gaza, reaffirming the United States’ Mr. Shimkus, Mr. Shadegg, Mr. Blunt, Mr. Kline (MN) Ortiz Stearns strong support for Israel, and supporting the Buyer, Mr. Radanovich, Mr. Pitts, Mrs. Bono Kosmas Pallone Stupak Israeli-Palestinian peace process. Had I been Kratovil Pascrell Sullivan Mack, Mr. Walden, Mr. Terry, Mr. Rogers of Lamborn Pastor (AZ) Sutton present, I would have voted ‘‘yea’’ on that Michigan, Mrs. Myrick, Mr. Sullivan, Mr. Lance Paulsen Tanner question. Tim Murphy of Pennsylvania, Mr. Burgess, Langevin Pelosi Tauscher Mrs. Blackburn, and Mr. Gingrey of Georgia. f Larsen (WA) Pence Taylor COMMITTEE ON FINANCIAL SERV- Larson (CT) Perlmutter Teague GENERAL LEAVE ICES—Mr. Castle, Mr. King of New York, Mr. Latham Perriello Terry Royce, Mr. Lucas, Mr. Paul, Mr. Manzullo, LaTourette Peters Thompson (CA) Mr. GEORGE MILLER of California. Mr. Jones, Mrs. Biggert, Mr. Gary G. Miller Latta Peterson Thompson (MS) Madam Speaker, I ask unanimous con- Lee (NY) Petri Thompson (PA) of California, Mrs. Capito, Mr. Hensarling, Levin Pingree (ME) Thornberry sent that all Members may have 5 leg- Mr. Garrett of New Jersey, Mr. Barrett of Lewis (CA) Pitts Tiberi islative days in which to revise and ex- South Carolina, Mr. Gerlach, Mr. Lewis (GA) Platts Tierney tend their remarks and include extra- Neugebauer, Mr. Price of Georgia, Mr. Linder Poe (TX) Titus neous material on H.R. 11 and H.R. 12. McHenry, Mr. Campbell, Mr. Putnam, Mrs. Lipinski Polis (CO) Tonko The SPEAKER pro tempore. Is there Bachmann, Mr. Marchant, Mr. McCotter, Mr. LoBiondo Pomeroy Towns McCarthy of California, Mr. Posey, Ms. Jen- Loebsack Posey Tsongas objection to the request of the gen- kins, Mr. Lee of New York, Mr. Paulsen, and Lofgren, Zoe Price (GA) Turner tleman from California? Lowey Price (NC) Upton Mr. Lance. Lucas Putnam Van Hollen There was no objection. COMMITTEE ON FOREIGN AFFAIRS— Luetkemeyer Radanovich Vela´ zquez f Mr. Smith of New Jersey, Mr. Burton of Indi- Luja´ n Rangel Visclosky ana, Mr. Gallegly, Mr. Rohrabacher, Mr. Lummis Rehberg Walden ELECTING CERTAIN MINORITY Manzullo, Mr. Royce, Mr. Paul, Mr. Flake, Lungren, Daniel Reichert Walz MEMBERS TO CERTAIN COMMIT- Mr. Pence, Mr. Wilson of South Carolina, Mr. E. Reyes Wamp TEES Lynch Richardson Wasserman Boozman, Mr. Barrett of South Carolina, Mr. Mack Rodriguez Schultz Mr. PENCE. Madam Speaker, by di- Mack, Mr. Fortenberry, Mr. McCaul, Mr. Poe Maffei Roe (TN) Watt rection of the Republican Conference, I of Texas, Mr. Inglis, and Mr. Bilirakis. Maloney Rogers (AL) Waxman COMMITTEE ON HOMELAND SECU- Manzullo Rogers (KY) Weiner send to the desk a privileged resolution RITY—Mr. Smith of Texas, Mr. Souder, Mr. Marchant Rogers (MI) Welch and ask for its immediate consider- Daniel E. Lungren of California, Mr. Rogers Markey (CO) Rohrabacher Westmoreland ation. of Alabama, Mr. McCaul, Mr. Dent, Mr. Bili- Markey (MA) Rooney Wexler rakis, Mr. Broun of Georgia, Mrs. Miller of Marshall Ros-Lehtinen Whitfield The Clerk read the resolution, as fol- Massa Roskam Wilson (OH) lows: Michigan, Mr. Olson, Mr. Cao, and Mr. Aus- tria. Matheson Ross Wilson (SC) H. RES. 38 Matsui Rothman (NJ) Wittman COMMITTEE ON HOUSE ADMINISTRA- McCarthy (CA) Roybal-Allard Wolf Resolved, That the following Members are, TION—Mr. Daniel E. Lungren of California, McCarthy (NY) Royce Wu and are hereby, elected to the following Mr. McCarthy of California, and Mr. Harper. McCaul Ruppersberger Yarmuth standing committees of the House of Rep- COMMITTEE ON THE JUDICIARY—Mr. McClintock Rush Young (AK) resentatives: Sensenbrenner, Mr. Coble, Mr. Gallegly, Mr. McCotter Ryan (OH) Young (FL) COMMITTEE ON AGRICULTURE—Mr. Goodlatte, Mr. Daniel E. Lungren of Cali- NAYS—5 Goodlatte, Mr. Moran of Kansas, Mr. John- fornia, Mr. Issa, Mr. Forbes, Mr. King of son of Illinois, Mr. Graves, Mr. Rogers of Iowa, Mr. Franks of Arizona, Mr. Gohmert, Kucinich Paul Waters Alabama, Mr. King of Iowa, Mr. Neugebauer, Moore (WI) Rahall Mr. Jordan of Ohio, Mr. Poe of Texas, Mr. Ms. Foxx, Mr. Conaway, Mr. Fortenberry, Chaffetz, Mr. Rooney, and Mr. Harper. ANSWERED ‘‘PRESENT’’—22 Mrs. Schmidt, Mr. Smith of Nebraska, Mr. COMMITTEE ON NATURAL RE- Abercrombie Hinchey Olver Latta, Mr. Roe of Tennessee, Mr. SOURCES—Mr. Young of Alaska, Mr. Blumenauer Johnson (GA) Payne Luetkemeyer, and Mr. Thompson of Pennsyl- Gallegly, Mr. Duncan, Mr. Flake, Mr. Brown DeFazio Kilpatrick (MI) Sanchez, Loretta vania. of South Carolina, Mrs. McMorris Rodgers, Dingell Lee (CA) Stark COMMITTEE ON APPROPRIATIONS Mr. Mr. Gohmert, Mr. Bishop of Utah, Mr. Shu- Edwards (MD) McCollum Watson Young of Florida, Mr. Rogers of Kentucky, ster, Mr. Lamborn, Mr. Smith of Nebraska, Ellison McDermott Woolsey Mr. Wolf, Mr. Kingston, Mr. Frelinghuysen, Mr. Wittman, Mr. Broun of Georgia, Mr. Farr Miller, George Mr. Tiahrt, Mr. Wamp, Mr. Latham, Mr. Grijalva Moran (VA) Fleming, Mr. Coffman of Colorado, Mr. Aderholt, Mrs. Emerson, Ms. Granger, Mr. Chaffetz, Ms. Lummis, Mr. McClintock, and NOT VOTING—16 Simpson, Mr. Culberson, Mr. Kirk, Mr. Mr. Cassidy. Baird Brown (SC) Granger Crenshaw, Mr. Rehberg, Mr. Carter, Mr. Al- COMMITTEE ON OVERSIGHT AND GOV- Berry Delahunt Graves exander, Mr. Calvert, Mr. Bonner, Mr. ERNMENT REFORM—Mr. Burton of Indi- Boucher Gallegly Hensarling LaTourette, and Mr. Cole. ana, Mr. McHugh, Mr. Mica, Mr. Souder, Mr.

VerDate Nov 24 2008 04:22 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JA7.054 H09JAPT1 rfrederick on PROD1PC67 with HOUSE H140 CONGRESSIONAL RECORD — HOUSE January 9, 2009 Platts, Mr. Duncan, Mr. Turner, Mr. West- the schedule let me follow up on his re- outline for his bill and scheduled a moreland, Mr. McHenry, Ms. Foxx, Mr. marks. hearing. I would ask the gentleman Bilbray, Mr. Jordan of Ohio, Mr. Flake, Mr. As all of the Members of this House from Maryland, the majority leader, Fortenberry, and Mr. Chaffetz. know, Mr. CANTOR’s predecessor, Mr. will the bill be marked up prior to COMMITTEE ON RULES—Mr. Lincoln Diaz-Balart of Florida and Mr. Sessions. BLUNT, and I are very good friends and coming to the floor and what sort of COMMITTEE ON SCIENCE AND TECH- worked closely together. We often dis- rule can we expect? NOLOGY—Mr. Sensenbrenner, Mr. Smith of agree on policy, but we have had a Mr. HOYER. I believe we will have a Texas, Mr. Rohrabacher, Mr. Bartlett, Mr. long-term ability to work together rule that will certainly allow amend- Ehlers, Mr. Lucas, Mrs. Biggert, Mr. Akin, closely on behalf of the institution, on ments. As you know, that’s Mr. Mr. Neugebauer, Mr. Inglis, Mr. McCaul, Mr. behalf of the House. The relationship I FRANK’s practice. We believe, I believe, Mario Diaz-Balart of Florida, Mr. Bilbray, think was one that was to the benefit it’s a good practice. Mr. Broun of Georgia, and Mr. Olson. Whether or not he will have a mark- COMMITTEE ON SMALL BUSINESS—Mr. of the House of Representatives and to our Members. up will depend upon the timeframe. Bartlett, Mr. Akin, Mr. King of Iowa, Mr. The problem is, as the gentleman prob- Westmoreland, Mr. Gohmert, Ms. Fallin, Mr. I want to thank Mr. CANTOR for vis- Buchanan, Mr. Luetkemeyer, Mr. Schock, iting with me and talking about how ably knows, the American public and and Mr. Thompson of Pennsylvania. we go forward working together on be- the Congress on both sides of the aisle COMMITTEE ON STANDARDS OF OFFI- half of the American people and on be- are very concerned that if we have to CIAL CONDUCT—Mr. Bonner, Mr. Barrett of half of this institution. We know that consider within a constricted time- South Carolina, Mr. Kline of Minnesota, Mr. we’ll disagree, perhaps more times frame the request, either of the Bush Conaway, and Mr. Dent. than not, on major issues, but we also administration during the latter days COMMITTEE ON TRANSPORTATION of its term, or the beginning of the AND INFRASTRUCTURE—Mr. Young of know that the objective that he has and the objective I have and the Mem- Obama administration, we get to have Alaska, Mr. Petri, Mr. Coble, Mr. Duncan, a second request for the second phase Mr. Ehlers, Mr. LoBiondo, Mr. Moran of Kan- bers of this House on both sides of the sas, Mr. Gary G. Miller of California Mr. aisle have is a stronger country, with of the TARP funding. We want to have Brown of South Carolina, Mr. Johnson of Il- greater opportunity for our people. in place conditions for the expenditure linois, Mr. Platts, Mr. Graves, Mr. Shuster, of that money similar to what we have Mr. Boozman, Mrs. Capito, Mr. Gerlach, Mr. b 1345 imposed or the administration im- Mario Diaz-Balart of Florida, Mr. Dent, Mr. I want to congratulate him on his se- posed, but we also legislatively im- Mack, Mr. Westmoreland, Mrs. Schmidt, lection as the Republican whip and re- posed, it didn’t pass, on the automobile Mrs. Miller of Michigan, Ms. Fallin, Mr. Bu- iterate his comment that I look for- companies for the receipt of money. chanan, Mr. Latta, Mr. Scalise, Mr. Cao, Mr. ward to working with him in a con- So the answer to your question is we Guthrie, and Mr. Schock. may not have the time to do the mark- COMMITTEE ON VETERANS’ AFFAIRS— structive and positive way. Mr. Stearns, Mr. Moran of Kansas, Mr. Madam Speaker, on Monday the up, because we are not sure when that Brown of South Carolina, Mr. Miller of Flor- House is not in session. On Tuesday the second request is coming down. I don’t ida, Mr. Boozman, Mr. Turner, Mr. Bilbray, House will meet at 12:30 p.m. for morn- expect it to come down before we con- Mr. Bilirakis, Mr. Buchanan, and Mr. ing hour and 2 p.m. for legislative busi- sider this legislation, but it may come Scalise. ness, with votes postponed until 6:30 down shortly thereafter. COMMITTEE ON WAYS AND MEANS—Mr. p.m. On Wednesday and Thursday the Mr. CANTOR. I thank the gentleman. Herger, Mr. Sam Johnson of Texas, Mr. House will meet at 10 a.m. for legisla- I would like to ask specifically, would Brady of Texas, Mr. Ryan of Wisconsin, Mr. anything in Chairman FRANK’s bill pre- Cantor, Mr. Linder, Mr. Nunes, Mr. Tiberi, tive business. On Friday, no votes are expected. vent our Members from having a vote Ms. Ginny Brown-Waite of Florida, Mr. Davis to stop the additional $350 billion in of Kentucky, Mr. Reichert, Mr. Boustany, We will consider several bills under Mr. Heller, and Mr. Roskam. suspension of the rules. The complete bailout funds from being spent? Mr. HOYER. No, it will not. Obvi- list of suspensions, as is the practice, Mr. PENCE (during the reading). ously the legislation provides for a res- will be announced by the close of busi- Madam Speaker, I ask unanimous con- olution of disapproval, provides a tight ness today. sent that the resolution be considered timeframe in which that resolution We will also consider a bill to expand as read. should be considered, and nothing in the State Children’s Health Insurance The SPEAKER pro tempore. Is there this bill will impact on that. objection to the request of the gen- Program. We will also consider a House Mr. CANTOR. I thank the gentleman tleman from Indiana? resolution requiring committees to for that. There was no objection. hold hearings upon receipt of certain I would ask the gentleman, Madam The resolution was agreed to. reports from an inspector general or Speaker, regarding the SCHIP bill, A motion to reconsider was laid on the Comptroller General of the United does the Energy and Commerce Com- the table. States. The President-elect has made it mittee or the Ways and Means Com- f very clear he wants to look at pro- mittee plan on holding a hearing or grams and ensure that the money is LEGISLATIVE PROGRAM markup on that bill? being spent effectively and that the Mr. HOYER. The answer to that is I (Mr. CANTOR asked and was given programs the money supports are effec- think not. The bill, however, will be permission to address the House for 1 tive. very, very much like, perhaps not ex- minute.) In addition, we will consider the actly, because some of the costs have Mr. CANTOR. Madam Speaker, be- TARP Reform and Accountability Act, changed and some of the numbers may fore I yield to the gentleman from which we hope will set parameters, ac- need to be adjusted, but very much like Maryland, I’d like to thank him for ex- countability, transparency and expec- the bill that we passed, in a bipartisan tending the gratitude he has this week tations for help with the mortgages for way, with very substantial votes, I to me. I’m very grateful for that, for any legislation that might be sub- think somewhere in the neighborhood his spirit of bipartisanship and his mitted either by the Bush administra- of 270 votes through this House, just pledge to me to work with us on this tion or the Obama administration as it some 6, 7 months ago. We believe the side of the aisle. I look forward to relates to the second phase, the second President-elect is very concerned that, building a constructive working rela- $350 billion previously authorized in particularly as the economic times tionship with the gentleman. This is the Troubled Asset Recovery Program. confront us, we saw another 525,000 jobs our first colloquy together. I look for- I thank the gentleman for yielding. lost this past month. That’s more than ward to the successive colloquies. And Mr. CANTOR. I thank the gentleman. 1 million jobs lost over the last 60 days. at this time, I yield to my friend from I will say to the gentleman that you Obviously we all know that one of Maryland, the majority leader, for pur- have announced a bill, again, limiting the aspects of losing a job is, in many poses of announcing next week’s sched- the uses of the TARP funds. I know the instances, losing your health insurance ule. chairman of the Financial Services as well. We are very concerned that we Mr. HOYER. I thank the gentleman Committee, the gentleman from Mas- will have a lot of children vulnerable in for yielding, and before getting into sachusetts, has also announced a broad America.

VerDate Nov 24 2008 03:01 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JA7.074 H09JAPT1 rfrederick on PROD1PC67 with HOUSE January 9, 2009 CONGRESSIONAL RECORD — HOUSE H141 I think there is certainly a majority Since no legislative business was con- leader. I look forward to continuing opinion. Indeed, President Bush ex- ducted and no votes were taken after this dialogue with him on a weekly pressed his own thoughts on that as to that, can we expect this to be the man- basis, and I yield back my time. wanting to include children. So we ner in which the floor will be scheduled f think this is another matter that we each week? need to move very quickly. But it will Mr. HOYER. It’s hard to predict what ADJOURNMENT TO TUESDAY, be almost exactly like, not exactly every week will look like, as the gen- JANUARY 13, 2009 like, but very, very much like, very, tleman will soon find out. If you talk Mr. HOYER. Madam Speaker, I ask from a substantive standpoint, very lit- to your leaders and the majority, they unanimous consent that when the tle different than the bill that we will tell you it is more daunting than House adjourns today, it adjourn to passed overwhelmingly in the House. it first appears. meet at 12:30 p.m. on Tuesday next for And, of course, two-thirds of the Sen- Having said that, obviously, the morning-hour debate. ate voted for it as well. schedule has been submitted to all the The SPEAKER pro tempore. Is there Mr. CANTOR. I would ask, Madam Members, all the Members know what objection to the request of the gen- Speaker, along those lines, if nothing we have scheduled in terms of days to tleman from Maryland? else, the budget window has changed, be in session. Hopefully they have no- There was no objection. as the gentleman recognized, and the tice of that, they are cognizant of that, f costs will likely be more substantial. particularly their schedulers are cog- We do have, obviously, 55 new Members nizant of that. NATION’S BEST UNDEFEATED of this Congress that have not had a We have provided, we believe, suffi- TEAM chance to vote on this bill or even be a cient days in which to do the work that (Mr. BISHOP of Utah asked and was part of the discussion, may not have the American public expects us to get given permission to address the House any experience on this issue. done and that we expect that needs to for 1 minute.) While we have very little time to re- be done. If there are more days, we will Mr. BISHOP of Utah. Madam Speak- view a multibillion dollar authoriza- add days. er, last night was another BCS bowl tion, I would ask the gentleman if the Having said that, we are in, obvi- game. I congratulate two fine edu- bill is coming to the floor in the form ously, the first weeks of the session. A cational institutions and football of a suspension. He noted, Madam lot has been going on, which is not on teams, Florida and Oklahoma. Florida Speaker, that it was a bipartisan vote. the floor, simply in getting organized, won a hard-fought and deserved vic- It was maybe 40 Members on our side. the committees getting organized, get- tory. However, there is still only one I think the majority of those Mem- ting committee members appointed by ranked undefeated team in the Nation, bers on our side support the extension both the Republican and the Demo- and, yes, I am an alumnus of the Uni- of the existing SCHIP program. I was cratic sides so that much has been versity of Utah, the two-time BCS wondering, again, if the bill is coming going on, notwithstanding the fact buster. to the floor as a suspension, or will we there have been long days on the floor. The problem is clearly the BCS. Ac- have an opportunity to offer our But in the early days of the session, ob- cording to the BCS, a system with one amendments and suggestions under a viously, much is going on to get ready too many initials, having a tough com- rule? for future floor action. petition and going undefeated is not Mr. CANTOR. I thank the gentleman. Mr. HOYER. The bill will come under good enough. Using the BCS system, a rule. That rule, I haven’t talked to I would also like to just point out and Germany won World War II, HILLARY the committee Chair, I haven’t talked make a comment and suggestion that CLINTON is still the leading Presi- to Mr. WAXMAN, nor have I talked to we do promote the efficient operation dential candidate and winning all your Ms. SLAUGHTER about the rule, so I of this House, because we have new games is apparently not the same thing don’t want to represent what form the Members who have inquired as to why as—winning all your games. rule will be in. But it will not be a sus- we would be finishing up so early each With no intention of disparaging a pension bill. day and not working more so that Furthermore, I think the gentle- maybe we could return to our districts wonderful Florida football team and man’s observation is a valid observa- and be with our constituents on a day program, I still have to commend the tion. We have many new Members who that perhaps we could save by working achievements of the University of did not consider it. We are hopeful and more on others. Utah. They are commendable, and I working towards having that bill on- There are 5 legislative weeks sched- wish to recognize the Nation’s best line available on Monday for a full 48 uled between now and President’s Day. undefeated team. Certainly with the hours before we would bring it forward I would ask the gentleman if he could BCS, this Nation can do a whole lot on the floor for Members to see and the lay out the calendar, the legislative better. public to see and all the Members of calendar for those 5 weeks. f the House to see. Mr. HOYER. I thank the gentleman FOOTBALL BOWL VICTORIES FOR Mr. CANTOR. I thank the gentleman for his question. As you know, the RICE UNIVERSITY AND THE UNI- for that. President-elect was here this week to VERSITY OF HOUSTON The Republicans under the leadership discuss and has discussed, gave a of our leader, JOHN BOEHNER, will be speech regarding the recovery package. (Ms. JACKSON-LEE of Texas asked sending a letter later today outlining Obviously that is an important item and was given permission to address our ideas for improving the SCHIP pro- that we will be considering. the House for 1 minute and to revise gram. I am hopeful that under the rule You have heard the agenda for next and extend her remarks.) that we will have the ability to have week. We also need to do the omnibus Ms. JACKSON-LEE of Texas. Madam those ideas considered on the House at some point in time in the near term. Speaker, well, in talking about bowl floor, just as President-elect Obama We will hopefully do that before the games, I have certainly got to rise and has advised us to proceed when the President’s break. salute the City of Houston, the fourth gentleman and I and several others met We will have other legislation, but largest city in the Nation. We had two with him earlier this week. they will be the two major items that universities win their bowl games. Madam Speaker, I would now like we will be focused on, the recovery Rice University and the University of just to make one additional inquiry to package and the omnibus appropriation Houston proudly won their bowl games the gentleman that three suspensions bill. Clearly, as you know, there are and showed the world that football is were considered on Wednesday. I would nine appropriation bills which were not played in large cities. Let me con- say to the gentleman votes were over completed last year that need to be gratulate Rice University, which has by 1 p.m. completed so that agencies will have one of the highest academic standards Yesterday we counted electoral bal- the funding they need to accomplish and standings in the United States of lots for the historical election of the objectives we have given them. America, along with the proudness of Barack Obama. We were finished by 2 Mr. CANTOR. Madam Speaker, I their football team, and, yes, the Uni- p.m. thank the gentleman, the majority versity of Houston that is now reaching

VerDate Nov 24 2008 04:22 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.072 H09JAPT1 rfrederick on PROD1PC67 with HOUSE H142 CONGRESSIONAL RECORD — HOUSE January 9, 2009 to be a world-renowned research insti- solution to stability. In fact, more war Palestinian leaders from Gaza were non- tution that the State of Texas truly will breed more retribution, as history committal on all issues, claiming that rock- needs. They won their bowl game, hav- surely demonstrates. I voted for the ets were the only way to respond to their im- ing not won one in a number of years. resolution because its preamble clearly prisonment and to dramatize their humani- tarian plight. The top Hamas leaders in Da- It’s exciting to see the manner of en- states our goal is supporting the mascus, however, agreed to consider a cease- thusiasm amongst the alumni and our Israeli-Palestinian peace process. fire in Gaza only, provided Israel would not schools. Obviously our schools are The proportionality of Israel’s re- attack Gaza and would permit normal hu- there to educate, but it really is grand sponse to Hamas’ incessant terrorist manitarian supplies to be delivered to Pales- for the City of Houston and all of its rocket launches is lamentable. Over 750 tinian citizens. population to celebrate two great win- Palestinians have now died, one-third After extended discussions with those from ners, Rice University and the Univer- of them women and children; there Gaza, these Hamas leaders also agreed to ac- have been four Israeli soldiers killed; cept any peace agreement that might be ne- sity of Houston, who won their bowl gotiated between the Israelis and Palestinian games, 2008. and in the last 7 years three Israeli cas- Authority President Mahmoud Abbas, who Go forever, Rice and the University ualties from the rocket launches from also heads the PLO, provided it was approved of Houston. the Gaza into Israel. Immediately, by a majority vote of Palestinians in a ref- f there is a lack of adequate humani- erendum or by an elected unity government. tarian relief from the world commu- Since we were only observers, and not ne- HONORING LETTER CARRIER nity, and for the victims, that is ap- gotiators, we relayed this information to the RICHARD LEAKE palling. Two wrongs do not make a Egyptians, and they pursued the cease-fire proposal. After about a month, the Egyp- (Mr. CONAWAY asked and was given right. tians and Hamas informed us that all mili- permission to address the House for 1 My view is, the current administra- tary action by both sides and all rocket fir- minute and to revise and extend his re- tion has left Israel more vulnerable and ing would stop on June 19, for a period of six marks.) less stable as hatreds grow toward it months, and that humanitarian supplies Mr. CONAWAY. Madam Speaker, I regionally. Our Nation’s reputation, would be restored to the normal level that rise today to acknowledge an out- too, has been badly damaged globally. had existed before Israel’s withdrawal in 2005 I would like to enter into the RECORD (about 700 trucks daily). standing achievement of one of my We were unable to confirm this in Jeru- constituents, Mr. Richard Leake of San today an editorial written by President Jimmy Carter called ‘‘The Unnecessary salem because of Israel’s unwillingness to Angelo, Texas. admit to any negotiations with Hamas, but Mr. Leake is a long-serving letter War,’’ the only President in the last 3 rocket firing was soon stopped and there was carrier with the United States Postal decades to achieve real, lasting peace an increase in supplies of food, water, medi- Service. He was recently inducted into in the Middle East. There is a road for- cine and fuel. Yet the increase was to an av- the Million Mile Club of the National ward. His life is proof the future of that erage of about 20 percent of normal levels. Safety Council in recognition of his region can be better than the past as And this fragile truce was partially broken on Nov. 4, when Israel launched an attack in impossibly good safety record. development replaces war as the com- mon denominator. But that will take Gaza to destroy a defensive tunnel being dug As the name of the award states, Mr. by Hamas inside the wall that encloses Gaza. Leake has traveled over 1 million miles courage. It will take perseverance. It On another visit to Syria in mid-December, on behalf of the Postal Service and will take more than congressional reso- I made an effort for the impending six-month done so without causing an accident. lutions. It is why our hopes ride high at deadline to be extended. It was clear that the His dedication to getting the job done this moment with the incoming admin- preeminent issue was opening the crossings safely every time sets a standard for istration of President-elect Barack into Gaza. Representatives from the Carter professionalism and conscientiousness Obama. Center visited Jerusalem, met with Israeli [From the Washington Post, Jan. 8, 2009] officials and asked if this was possible in ex- that I believe we should all strive for. change for a cessation of rocket fire. The AN UNNECESSARY WAR I highlight his accomplishment today Israeli government informally proposed that to remind us that as we take up the (By Jimmy Carter) 15 percent of normal supplies might be pos- people’s business in the 111th Congress, I know from personal involvement that the sible if Hamas first stopped all rocket fire it is possible for us to do our jobs with- devastating invasion of Gaza by Israel could for 48 hours. This was unacceptable to out running over one another. easily have been avoided. Hamas, and hostilities erupted. After visiting Sderot last April and seeing It is a great pleasure to brag on Mr. After 12 days of ‘‘combat,’’ the Israeli De- the serious psychological damage caused by fense Forces reported that more than 1,000 Leake today, and I am proud to rep- the rockets that had fallen in that area, my targets were shelled or bombed. During that resent an outstanding constituent here wife, Rosalynn, and I declared their launch- time, Israel rejected international efforts to in Washington D.C. On behalf of all the ing from Gaza to be inexcusable and an act obtain a cease-fire, with full support from residents of District 11 in Texas, I of terrorism. Although casualties were rare Washington. Seventeen mosques, the Amer- would like to congratulate him on a ca- (three deaths in seven years), the town was ican International School, many private reer well done and thank him for mak- traumatized by the unpredictable explosions. homes and much of the basic infrastructure ing the streets of San Angelo a little About 3,000 residents had moved to other of the small but heavily populated area have communities, and the streets, playgrounds bit safer. been destroyed. This includes the systems and shopping centers were almost empty. that provide water, electricity and sanita- f Mayor Eli Moyal assembled a group of citi- tion. Heavy civilian casualties are being re- zens in his office to meet us and complained 1400 ported by courageous medical volunteers b that the government of Israel was not stop- from many nations, as the fortunate ones op- COMMENTS ON THE SITUATION IN ping the rockets, either through diplomacy erate on the wounded by light from diesel- THE GAZA or military action. powered generators. Knowing that we would soon be seeing The hope is that when further hostilities (Ms. KAPTUR asked and was given Hamas leaders from Gaza and also in Damas- are no longer productive, Israel, Hamas and permission to address the House for 1 cus, we promised to assess prospects for a the United States will accept another cease- minute and to revise and extend her re- cease-fire. From Egyptian intelligence chief fire, at which time the rockets will again marks.) Omar Suleiman, who was negotiating be- stop and an adequate level of humanitarian Ms. KAPTUR. Madam Speaker, today tween the Israelis and Hamas, we learned supplies will be permitted to the surviving that there was a fundamental difference be- I wish to comment on the bloodbath Palestinians, with the publicized agreement tween the two sides. Hamas wanted a com- monitored by the international community. occurring in the Gaza. No human being prehensive cease-fire in both the West Bank The next possible step: a permanent and can watch this carnage and not be re- and Gaza, and the Israelis refused to discuss comprehensive peace. anything other than Gaza. minded of the festering hatred that f grows with each successive unleashing We knew that the 1.5 million inhabitants of violence in Israel, the Gaza, in the of Gaza were being starved, as the U.N. spe- SPECIAL ORDERS Palestinian territories that sadly cial rapporteur on the right to food had The SPEAKER pro tempore. Under found that acute malnutrition in Gaza was rescars that tragic region. on the same scale as in the poorest nations the Speaker’s announced policy of Jan- In voting for the resolution today, I in the southern Sahara, with more than half uary 6, 2009, and under a previous order want to be clear I did not do so because of all Palestinian families eating only one of the House, the following Members I believe more war or violence is the meal a day. will be recognized for 5 minutes each.

VerDate Nov 24 2008 03:01 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.074 H09JAPT1 rfrederick on PROD1PC67 with HOUSE January 9, 2009 CONGRESSIONAL RECORD — HOUSE H143 The SPEAKER pro tempore. Under a to leave residual forces and permanent House is important. We all represent previous order of the House, the gen- bases behind. I also urge them to en- virtually the same number of people, tleman from Texas (Mr. POE) is recog- gage the international community and and it is pivotal that each and every nized for 5 minutes. Iraq’s neighbors, including Iran, in a Member be given the appropriate and (Mr. POE of Texas addressed the diplomatic effort to stabilize the Mid- equal opportunity to be involved in the House. His remarks will appear here- dle East, which is absolutely essential. process, because that is what gives after in the Extensions of Remarks.) A full redeployment of our troops in credibility to representative govern- f a new diplomatic effort will send a sig- ment. nal to the world that a compassionate Now, as you and I both know, Madam LET’S NOT FORGET IRAQ America is committed to peace; that it Speaker, and as our colleagues know, The SPEAKER pro tempore. Under a is committed to human rights instead the bulk of the congressional work is previous order of the House, the gentle- of war and instead of torture. done in committees. That is where the woman from California (Ms. WOOLSEY) Madam Speaker, the pundits and critical issues are debated, that is is recognized for 5 minutes. neocons who got us into the Iraq mess where the hard work is done, that is Ms. WOOLSEY. Madam Speaker, this in the first place are calling it a vic- where the issues are tossed back and week was the beginning of the 111th tory. This is the second time they have forth and where solutions are ham- Congress, and it is absolutely clear we called it a victory. They would like us mered out. Now, when voices are silenced, either face enormous challenges. We must to close the book on Iraq and to move by not being able to speak in com- deal with an economic crisis that is on. But the occupation is still standing mittee for various problems with rules robbing the American people of their in the way of peace, it is still under- savings, their jobs and their homes. We or when individuals are not even al- mining our moral authority in the lowed to sit in committees, then it must tackle our problems in health world and is draining our Treasury at care, energy, education and the envi- does a disservice to each and every the worst possible time. American. We are better when we are ronment. The domestic agenda is going We have more than enough domestic to be long, it is going to be hard, and it tussling with those ideas, when we are problems to deal with, but ending the working as hard as we can to come up is going to demand our time and our occupation of Iraq must also be at the energy. with the appropriate solution for our very top of this new administration’s Nation. We are not better when we are But I rise today to make this plea: agenda. I am confident that it will be, Let us not forget Iraq. About 140,000 just talking about politics. because we will finally have the leader- Again, in reviewing the ratios on the American servicemembers remain in ship in the White House and the State House floor, they are 59 percent Demo- harm’s way in Iraq. Military families Department that will do the right crat, 41 percent Republican. Most and veterans continue to struggle and thing. Americans, if you asked them, would to suffer, and the occupation continues Madam Speaker, let’s not forget Iraq. say that is what ought to be reflected to cost us over $11 billion a month. in the committees, because that is That is money that is desperately f The SPEAKER pro tempore. Under a where that hard work is done, that is needed to help the American people where those issues are hammered out. I right here at home. Yet Iraq seems to previous order of the House, the gen- tleman from North Carolina (Mr. agree those ratios should be reflected have disappeared from our radar in committee. If they aren’t, then JONES) is recognized for 5 minutes. screens, from our newspapers, from our America is cheated and democracy is (Mr. JONES addressed the House. His media. The three major television net- cheapened. The committee ratios are remarks will appear hereafter in the works have decided to remove their incredibly important because they de- Extensions of Remarks.) full-time reporters. With Iraq off tele- termine the work product that occurs vision screens, I am concerned that it f in this House. So, again, Madam will be out of sight and out of mind. Speaker, the House of Representatives, But forgetting Iraq would be wrong. ENSURING FAIRNESS IN THE HOUSE OF REPRESENTATIVES 59 percent Democrat, 41 percent Repub- It would be dangerous. The dying lican. hasn’t stopped. Nearly 100 civilians The SPEAKER pro tempore (Mrs. Now, when we look at committee ra- have been killed in the first few days of GILLIBRAND). Under a previous order of tios that have just come out this week, this month alone. In addition, over 300 the House, the gentleman from Georgia it appears that on some of the most died in December and over 300 died in (Mr. PRICE) is recognized for 5 minutes. pivotal committees where issues like November. Many, many more are sure Mr. PRICE of Georgia. Madam taxes and financial services and health to die in the days and months ahead, Speaker, here we find ourselves at the care are going to be decided, that ratio not to count those that are being in- end of the first week of this new ses- has not held. The ratio appears to be jured and displaced. The number of sion of the 111th Congress. There is a closer to 63 percent Democrat, 37 per- Iraqis being killed today is about the lot of talk and has been a lot of talk cent Republican. This is a significant same as the number that were being since the election about bipartisanship. decrease of a significant number of killed in 2003 and 2004. There has been a lot of talk on both seats, and it disenfranchises many There are other issues that demand sides of the aisle about bipartisanship, Americans across this Nation. It is a our attention as well; the new Status and that is important. I am a strong matter of fairness, Madam Speaker. It of Forces Agreement, which is bound to supporter of bipartisanship, and every- is a matter of fairness. The American create confusion and new problems for body talks about it. Bipartisan discus- people may not care about the specific our troops. And we must come up with sions, however, require bipartisan ac- processes here, but they do care about a plan, a plan to meet the refugee cri- tion. If action in a bipartisan way fairness. sis. Four million refugees must be re- doesn’t follow those discussions, then So I call on the Speaker, I call on the settled. The humanitarian crisis goes credibility is denied. majority leader, I call on the majority on and on. Now, I firmly understand and appre- party, to make certain that the com- But despite all these problems, there ciate that elections have consequences, mittee numbers, the numbers, the ra- is reason for hope. The administration and the election of this past November tios of Democrats to Republicans in that decided to destroy Iraq in order to resulted in a House, the United States our committees, reflect the appro- save it will be gone in 2 weeks, and I House of Representatives, with a mem- priate ratio that is reflected on the am confident that the new administra- bership ratio of 59 percent on the Dem- floor of the House of Representatives. tion, with President Obama and Sec- ocrat side and 41 percent on the Repub- Madam Speaker, it is a matter of fair- retary of State Clinton leading the lican side. So on the floor of this ness. way, will put us on the right path. House, that is the ratio, and it is re- f They are committed to ending the oc- flected in votes even this week. The SPEAKER pro tempore. Under a cupation within 16 months. I actually Nobody would argue, I don’t believe, previous order of the House, the gen- urge them to do it even sooner and to Madam Speaker, that every single tleman from Oregon (Mr. DEFAZIO) is ignore the voices that will advise them Member, every single Member of this recognized for 5 minutes.

VerDate Nov 24 2008 03:01 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.077 H09JAPT1 rfrederick on PROD1PC67 with HOUSE H144 CONGRESSIONAL RECORD — HOUSE January 9, 2009 (Mr. DEFAZIO addressed the House. Bank. So PNC gets bigger, our banking land and New Jersey, and they’re going His remarks will appear hereafter in system gets more concentrated, and to auction another 1,455 properties. the Extensions of Remarks.) PNC becomes more powerful. Some say They’ve now sold over 70,000 homes in f they actually have price control power the last few years, and expect another on the western side of Pennsylvania. 30,000 in the year 2009. THE $700 BILLION GOVERNMENT So, PNC gets $7.5 billion. Cleveland Mr. Kashkari, your program isn’t BAILOUT IS NOT WORKING and Ohio lose a Fortune 500 company, working. The SPEAKER pro tempore. Under a and Ohio, where foreclosures are rag- Madam Speaker, I would like to previous order of the House, the gentle- ing, gets nothing. We get nothing. We place the additional remarks that I woman from Ohio (Ms. KAPTUR) is rec- just get more foreclosures. have in the RECORD. ognized for 5 minutes. In 2008, Citigroup, one of the main What is happening is an outrage to Ms. KAPTUR. Madam Speaker, in culprits that caused the financial melt- the American people, and they’re being 2008, Wall Street’s biggest banks got down, was given $25 billion. They got asked to pay for it. There shouldn’t be Congress to hand over to them $700 bil- more than PNC. They got it from us, any more TARP bills clearing this Con- lion of your taxpayer money. Now they the taxpayer, and then they have fore- gress until hearings are held in the want more. closed, just in my district, on another communities that have been affected. Yesterday, Neel Kashkari, the In- 235 families in Lucas County, Ohio. We need to use our power in order to go terim Assistant Secretary for Finan- Last November I found an advertise- out to the voters that sent us here. cial Stability, gave a speech at the ment in my local paper that said there Equity is bleeding profusely from our Brookings Institution. He gave fancy was going to be an auction in my home communities. The sheer volume of the sounding bureaucratic names to the county. I was surprised. I didn’t know properties sold at auction is disturbing. $175 billion that he has already forked the company coming in, called Hudson Financial institutions which have been over. He called it Capital Purchase and Marshall of Dallas, Texas. So I capitalized through the TARP Program Program, Asset Grant Guarantee Pro- went. have failed to do mortgage workouts— gram, Targeted Investment Program. Guess what? Citigroup was one of the FDIC and SEC should do their jobs, and Essentially he was talking about the banks selling properties. I attended and they are not—and must be required to $20 billion that went to Citigroup. watched homes in my community sold do mortgage workouts, rather than He asked rhetorically, when will we for as little as $7,900, a price so low foreclosing on homes and participating see the new banks making loans? Well, that the original owners could have in auctions. Hudson & Marshall stated that is part of his job, to get them to gone back into those homes. Not only in a press release that they have made make the loans. But he said as long as was Citigroup auctioning homes that $1.2 billion doing auctions. The intent of the TARP was to help confidence remains low, banks will re- night, but so were TARP money recipi- stabilize our financial system, which main cautious about extending credit. ents; those are the banks that got the includes in large measure our housing Oh, Mr. Kashkari, we know that well. money through the Treasury from us, industry. Yet, we financial institutions The reason the auto industry is in Wells Fargo, US Bank, Deutsche Bank, enriching themselves, merging, and yet trouble is because credit has dried up. ABN/Amro, Chase Home Finance, Fifth foreclosing on families rather than Car loans can’t be made. Third Bank, Standard Federal and La- working to stabilize families in their So let me get this straight: He wants Salle. They all got money. homes. A stable home permits people more money, because he has only given It is clear that some of the recipients to focus on obtaining and maintaining $175 billion from the taxpayers’ money of the Treasury money are unwilling to employment, purchasing food, and con- out there in the country to the biggest craft real workouts. And so what hap- tributing to society in positive ways banks that did the wrongdoing to begin pened in our region was people got rather than relying on social services with, and they are still reluctant to kicked out of their homes. Wall Street funded by State and Federal dollars. lend. hired the auction company from Dal- Furthermore, we see communities fall- Let me give Mr. Kashkari a dose of las, Texas. They came to our region, ing apart. Community members and reality. Your program isn’t working, they sold all those properties for very local banks are effectively locked out and it is not working for Main Streets little money, and they’re going to get of the opportunity to reinvest in them- across this country. big, huge tax losses written off on their selves because monies from the Depart- PNC Bank of Pittsburgh, Pennsyl- IRS filings for the tax year of 2008. ment of Housing and Urban Develop- vania, one of the Nation’s largest But where are our families? Out on ment which would allow community banks, now the fifth largest bank, has the street. Our people lost their homes. banks and members to purchase fore- received $7.5 billion from Mr. Kashkari. I would like to invite Mr. Kashkari, Secretary Paulson and all the PNC ex- closed homes have not yet arrived. b 1415 ecutives to come to Ohio, and I want No second round of TARP money And instead of providing additional them to live in the neighborhoods that should emerge from this Congress un- lending capacity and loan workouts for their actions have affected. We’ll give less regular hearings are held and the those mortgages to help resolve the them a little heater, Bunsen heater victims of this crisis can have their problem, PNC took the money. And overnight so they don’t get too cold in voices heard in the deliberative proc- you know what they did? They came the houses; and we’d like them to expe- ess. The Committees should travel to across the border to Ohio and they rience the results of what they have the communities most affected. Why bought National City Bank in Cleve- done to the American people. should we trust Wall Street Banks land. Last year, 4,100 homes in my region again as more families teeter on the edge. I see my dear colleague from the city were foreclosed upon. In the last 21⁄2 of Cleveland, Congressman KUCINICH years, 10 percent of the properties in f here this evening. He understands this my home community have been fore- The SPEAKER pro tempore (Mrs. well. closed. 10 percent of the housing stock. GILLIBRAND). Under a previous order of National City has been a And as foreclosure rates continue to the House, the gentleman from Indiana headquartered institution in Ohio, rise in places like Ohio, it’s pretty ob- (Mr. BURTON) is recognized for 5 min- headquartered in Cleveland since 1845. vious that’s what’s happening here in utes. Now, Treasury’s money, the tax- Washington isn’t connecting to Main (Mr. BURTON of Indiana addressed payers’ money, went to PNC and they Street. the House. His remarks will appear came to Ohio and bought National City Sadly, Hudson and Marshall, the auc- hereafter in the Extensions of Re- Bank, putting all those people out of tion house that Wall Street hired to marks. work. And PNC became bigger. So what sell all those homes in my community, f Mr. Kashkari did was take our money are coming to your town too. This The SPEAKER pro tempore. Under a and give it to PNC, that hasn’t worked month alone they are slated to be in previous order of the House, the gen- down any of those loans, but they came several cities in Michigan, Arizona, tleman from Texas (Mr. NEUGEBAUER) to Ohio and bought out National City Connecticut, Massachusetts, Rhode Is- is recognized for 5 minutes.

VerDate Nov 24 2008 05:17 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.081 H09JAPT1 rfrederick on PROD1PC67 with HOUSE January 9, 2009 CONGRESSIONAL RECORD — HOUSE H145 (Mr. NEUGEBAUER addressed the tunity deficit we need to be concerned stay in their homes, but in using the House. His remarks will appear here- with also. When our students are not money to buy other banks, take over after in the Extensions of Remarks.) able to achieve their full, God-given other banks. They hoarded the money. f potential, a deficit occurs, and it is There is a credit freeze. We cannot— that deficit, that opportunity deficit, we must take notice of that. I know IMPROVING HIGHER EDUCATION that this legislation seeks to address. Chairman FRANK, BARNEY FRANK, is AFFORDABILITY I respectfully call on our new Presi- going to do that with the next tranche The SPEAKER pro tempore. Under a dent-elect to consider inclusion of this of TARP money, try to make sure previous order of the House, the gen- legislation in the economic recovery money goes to keeping people in their tleman from Texas (Mr. DOGGETT) is legislation that this Congress must homes. That’s a positive step in the recognized for 5 minutes. adopt as soon as possible. Investing in right direction. But Congress must Mr. DOGGETT. Madam Speaker, in American students is an investment in take note of its experience in the bail- these tough economic times, our fami- America’s future. Putting Americans out when we’re fashioning a so-called lies need all the support that we can to work means ensuring that they have stimulus package because we want to provide them. Whatever we can do to access to all the education for which make sure that the money gets to the assist those who seek more education each is willing to work. people who need it the most and it gets and training to better prepare them- It was Thomas Jefferson who urged to people quickly. selves for this tougher, tighter job public support of higher education, Now, some say that you can do that market and rising unemployment and wanting the youth of all our states to through tax cuts. Well, actually, with under-employment rates, we need to ‘‘drink from the cup of knowledge.’’ people being afraid of the economy get- do. Today, there are students who are ting worse, they’re holding on to their That’s why today, Representative thirsty for that knowledge, but they money. Look at the Christmas retail TOM PERRIELLO and I, joined by a num- confront a number of challenges. Mr. returns. Sales are down dramatically. ber of our colleagues on the House PERRIELLO and I, and our colleagues, People don’t want to spend if they have Ways and Means Committee, are intro- hope to address those challenges, and it. ducing the College Learning Access we hope we will have the opportunity So how do you get the economy mov- Simplicity and Savings Act. We want to see this legislation enacted into law ing again? to put more students in class. It will in the next few weeks. Tax cuts, tax carry forwards, giving make our ability to assist students to businesses that made bad choices a gain access to our institutions of high- f chance to get more money so they can er education much easier. Students and The SPEAKER pro tempore. Under a hold on to it? their families can benefit from addi- previous order of the House, the gentle- No, we have to prime the pump of the tional and more simplified tax credits woman from Florida (Ms. CORRINE economy. And the way you prime the for higher education expenses. BROWN) is recognized for 5 minutes. pump of the economy is that you cre- Last year, legislation that I offered (Ms. CORRINE BROWN of Florida ad- ate millions of jobs. Putting people simplified the student financial aid dressed the House. Her remarks will back to work, rebuilding our roads, our forms. Now, this legislation will take appear hereafter in the Extensions of bridges, our water systems, our sewer on the 1040. Today, higher education Remarks.) system, that’s infrastructure. But provisions are needlessly complex. It f there are some broader issues here we takes IRS an 86-page brochure to ex- have to look at. WE HAVE TO PUT AMERICA BACK plain to families how to use the exist- The banks have shown that they TO WORK ing tax credits for higher education. can’t be trusted with the American The complex process is so challenging The SPEAKER pro tempore. Under a economy. That’s generally been the that 1 in 4 eligible taxpayers don’t previous order of the House, the gen- case, but now it’s out in the open, $350 claim any of the benefits available. It tleman from Ohio (Mr. KUCINICH) is rec- billion later. shouldn’t take a certified public ac- ognized for 5 minutes. In 1913, the money power of the coun- countant to become a CPA, or a teach- Mr. KUCINICH. We’ve heard the eco- try was taken away from the people. er, or an engineer. This legislation nomic reports, over 10 million Ameri- By constitutional privilege it belongs would consolidate some of the existing cans out of work, 7.2 percent unem- with the Congress, but it was given up provisions into a single, unified, easy- ployment. Some say that unemploy- in the Federal Reserve Act. The Fed- to-understand, higher education tax ment could go to 10 percent. We could eral Reserve is no more Federal than credit that is both more generous and be looking at 12 million Americans out Federal Express. But yet it has the easier to use. of work. power to determine the direction and Our bill joins the Hope Tax Credit The productive capacity of this Na- use of money in our economy. If we (currently up to $1,800 per year) with tion is not being used. It’s withering. could take that power back and put the the above-the-line tax deduction for We have to put America back to work. Federal Reserve under Treasury, we qualified tuition and expenses (cur- Our program actually is pretty simple. start to be in a position of being able rently tax deductible up to $4,000). We Jobs, jobs, jobs. Put people back to to control monetary policy on behalf of replace all of this with a new $3,000 tax work with good paying jobs. the United States people. credit that is usable for undergraduate How do you do that? We also have to address the issue of education and the first 2 years of grad- You go back to that old time religion the fractional reserve system, which is uate school, up to a lifetime limit of of FDR reflected in the New Deal. He how banks create money out of thin $12,000. Up to half of this new tax credit rebuilt America. There’s over $1.6 tril- air. And then, as they do that, they’ve would, for the first time, be refundable. lion in infrastructure needs that are created the conditions where we’ve had This ensures that working folks, fami- unmet, that can’t be met by local or this kind of Ponzi scheme collapsing, lies that are struggling to become part State governments. The stimulus pack- banks and the hedge funds working to- of the middle class, will no longer be age that we hear discussion about does gether. So we have to halt the banks’ excluded from this higher education want to do something about addressing privilege to create money by ending tax credit. infrastructure. That’s significant. We the fractional reserve system. Past This bill is, of course, no substitute should support that. monetized credit would be converted for a substantial increase and an accel- But we also have to look at our expe- into U.S. government money, and eration of those Pell Grant increases rience, and we don’t want to be banks would act as intermediaries, ac- Congress has already enacted. But tax TARPed again in this Congress; be- cepting deposits and loaning them out relief, done in a refundable form, can cause this Congress voted for a $350 bil- to borrowers. Fine. work hand-in-hand with Pell Grants to lion bailout of banks. I didn’t vote for But then, with the ability to control ensure more opportunity. it, but the House and the Senate voted our fortunes, we then, once we control We are justifiably concerned with the for it. And it resulted in the banks money again, we spend the money into federal deficit, but there’s a real oppor- using the money, not to help people circulation on infrastructure; not just

VerDate Nov 24 2008 03:01 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.085 H09JAPT1 rfrederick on PROD1PC67 with HOUSE H146 CONGRESSIONAL RECORD — HOUSE January 9, 2009 the fiscal infrastructure, but also on 4,000 soldiers. When his 56th Brigade Mr. GARRETT of New Jersey. I health care. We not only can address was sent to Iraq, it was the largest de- thank the gentleman for that and for housing needs, rebuilding America’s in- ployment of troops from the Texas re- the insightful comments. Maybe I frastructure, but we can also get people serve since World War II. should just begin with the gentleman the health care they need in this coun- It was a great honor for me to be from Utah for his comments with re- try. We can enable children to stay in there at Baylor Stadium in December gard to the economy and the stimulus. school or to go back to school. of 2005 to be part of the massive home- The gentleman from Utah. We really have the opportunity to coming, welcoming these brave service- Mr. BISHOP of Utah. Thank you. I take control of our own destiny again. members when they returned home appreciate that pass-off very quickly But we can’t go back to the same old from Iraq. here. same old. Trickle-down economics, the During their commitment in Iraq, The comments of Congressman trickle never gets down. The invisible Colonel Brown and his men conducted GOHMERT about General Brown, I hand of the marketplace is in the pock- convoy escort and route security mis- think, are appropriate as a beginning ets of the American taxpayers. sions throughout the country. As you for this entire discussion about the will recall, that was quite an historic stimulus. As he has been sacrificing his b 1430 year for Iraqis and for those all over all for this country, it is our job to try The invisible hand in the market- the world who value freedom, because and make sure that there is a country place is in the pockets of the American thanks to the heroic efforts of then that is worthy of that sacrifice and taxpayers. Let’s rebuild America. Let’s Colonel Brown and his 56th Brigade and that commitment that he will have. reclaim our economic destiny, and let’s so many others there in the United I just want to talk very briefly be- do it as a Congress—united, working States military, the Iraqis elected cause we have some great experts here with the new administration. their first true representatives to lead on the economy of this country who will say something. f a democratic form of government. Just on a personal approach, I am Though terrorists tried to instill fear THE AMERICAN ECONOMY AND one of those who was a product of kind HONORING BRIGADIER GENERAL among the locals with prevalent of a ‘‘yours and our’’ family. My father, RED BROWN threats of persecution and death, the who was a newlywed with a young Iraqis were determined to venture to The SPEAKER pro tempore. Under son—my oldest brother—during the De- the polls and to participate in democ- pression, lost his job during the depths the Speaker’s announced policy of Jan- racy because the hope they were given uary 6, 2009, the gentleman from Texas of that Depression, and my mother was by the supportive American service- a recent widow with two young sons (Mr. GOHMERT) is recognized for 60 min- members, such as Red, was greater utes as the designee of the minority under 5 with no job at the same time. than any fear. My father went for 2 years during the leader. I have hanging in my office a photo, Mr. GOHMERT. Madam Speaker, this depths of the Depression without a full- very dear to me, of Colonel Brown and time job. I realize the difficulty in weekend, a very important event will of other members of his brigade, proud- take place at Camp Mabry in Austin, talking to him of what he went ly holding an Aggie flag that I had through and of what the family went Texas. My friend, fellow Texas Aggie, taken over when I had visited there. It constituent, and citizen soldier Colonel through. Indeed, he was saved by the is framed and signed by all of those in creation of a government job during James ‘‘Red’’ Brown will be promoted the picture there in Iraq. to the rank of Brigadier General. This that time period. My friend General Brown has dedi- I came around about 20 years after American hero deserves to have tribute cated his life to and has risked it for this event, and my father always cau- paid here today on the floor of the the service of this great country. There tioned me at the time that the govern- United States House of Representatives are countless people across the world ment job that saved him was a tem- for his outstanding and devoted service who will never know the benefits and porary job, that when the government to this country. Red’s experiences and inspiration they’ve experienced as a re- decided to close the program, the job accomplishments are far too extensive sult of General Brown’s sacrifice. His went away at the same time, and he to be able to cover during my limited sacrifice did not stop while he was on was back to the same issue of finding a time, but it is clear he is an example of active duty. job that had been created on the econ- true patriotism. As a civilian, he is also heavily in- omy, an economy created job. Newly promoted General Brown re- volved in service to our local area— So, as we deal with the stimulus ceived his commission in the United serving on the board of directors of the issue, I recognize that this stimulus States Army in May of 1980 from the Boys and Girls Club of East Texas, the package that we have without any de- ROTC program at Texas A&M Univer- Lindale Area Chamber of Commerce, tails—it’s just a concept still floating sity. He is a graduate of Armor Officer and the Council of the Lindale First around—that is taxpayer-funded can Basic and Advanced Courses, Combined United Methodist Church. He was even have a profound effect on individuals Arms Staff Services School, the Com- elected to the Lindale School Board and can have a profound effect on the mand and General Staff College, and where he has served also honorably and economy, but if it is to be successful in the Army War College. as president of the board. I know he the long term, it must be successful in He had served as a company bat- doesn’t do it for recognition or for encouraging and in stimulating pri- talion and brigade commander. Colonel praise because I know his heart, but vate-sector jobs in the economy. That’s Brown, soon to be General Brown, had General Red Brown deserves to be hon- the long-term solution. also served as Assistant Chief of Staff ored and thanked for his unwavering One of the former leaders of this body for Civil Military Affairs in Bosnia- example of patriotism and selflessness. once said, ‘‘Between invention and in- Herzegovina during Stabilization Force So congratulations are extended on novation, you have to have investment, Seven, as well as Assistant Chief of the promotion to Brigadier General. No and investment only happens if there is Staff for Operations of the 49th Ar- one is more deserving of such an hon- an expectation of return.’’ If we do not mored Division for 3 years. ored promotion. include as part and parcel of our at- Just a few of his awards include the May God bless General Red Brown, tempt to reinvigorate this economy an Bronze Star for bravery and gallantry his wonderful wife, Jane, and his de- aggressive tax reduction policy, not as well as the Combat Action Badge lightful, beautiful children Hannah and only for individuals but for business, awarded in Iraq, three Army com- Crystal for being such a great blessing we do not promote that expectation of mendation medals, several Meritorious to this Nation. return. An aggressive tax reduction Service medals, and the Legion of Madam Speaker, I would like to yield policy for the business sector will pro- Merit. at this time to the gentleman from vide stability to the business and will During Operation Iraqi Freedom, he New Jersey, who is a dear friend. It’s encourage them to reinvest real money commanded the 56th Brigade Combat hard to find anybody more insightful in into real long-term jobs that will not Team, which was comprised of six bat- this body. be dependent on the taxpayer largess talions with 31 companies and over Mr. SCOTT GARRETT from New Jersey. to take place.

VerDate Nov 24 2008 03:01 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.088 H09JAPT1 rfrederick on PROD1PC67 with HOUSE January 9, 2009 CONGRESSIONAL RECORD — HOUSE H147 I think, just from my personal expe- I am just going to make three points being roads and bridges and water and rience and from the experience and in- while I’m at the microphone. The first sewer supplies and what have you. sight my father told me, that is what point is: Who pays? The second ques- Well, let’s see what some of the re- we have to look at as we look into this tion is: For what? The third point real- quests have already been to this new overall package. I would add just one ly goes into what the gentleman from administration. last comment as well. Utah was referring to a moment ago: Down in Florida in the city of Miami, You know, we talked a great deal For how long? they’re talking about some great infra- about energy a while ago. I hope it was The first point of who pays: As for structure projects such as a water not one of those things that we men- the gentleman from the other side of slide, BMX dirt bike or trail bike tioned in August so we can check it off the aisle, who was just speaking pre- trails, a beach museum. That’s the the box because gas prices are down viously, the gentleman from the great type of infrastructure they’re talking again, but the reality is OPEC has al- State of Ohio, I agreed with him on a about looking forward to going back to ready voted to cut oil production. Cha- number of his points that he was mak- the States. How about in the great vez has said he needs the cost of a bar- ing with regard to the expansive pow- State of Rhode Island where they’re rel of oil to double if he is going to con- ers of the Federal Reserve and the ne- talking about such things as a polar tinue on with his foreign involvement cessity for Congress to reexercise its bear exhibit or better soccer fields up policies and practices. If this country authority in fiscal and in monetary there as well? wants to have a good economic future, matters and to address that issue. b 1445 we have to have energy security that is I did have a question for him or a self-sufficient. If we cannot in all of concern with one point that he made. That’s the type of thing that your our efforts to try and build a healthy He said, right now, when it comes to tax dollars will be going to. economy secure our economic future, infrastructure projects across the How about over in Vermont? They’re we will never secure long-term eco- country, there is a great need, and I putting in a request to spend $150,000 of nomic health. concur with that, and he raised the your tax dollars to go to a more effi- With that, I appreciate the oppor- question or the statement: But they cient street sweeping machine. Now, tunity of being able to just interpose cannot be paid for by the local or State I’m sure they will be able to suck up a myself in this discussion of whatever or—and I assume he also means—coun- lot of the dirt and debris around the this stimulus package may be since ty or municipal governments right town a lot better with your tax dollars there are no details with it yet. now. So he’s inferring that, if they going into it. And isn’t that really the I would yield back to the gentleman can’t pay for it, somehow or other, the problem, that this machine really will from New Jersey, and I appreciate the Federal Government can. be sucking up more of our tax dollars words of the gentleman from Texas as You know, at the end of the day, as will this entire stimulus package? an introduction to this, and I look for- when it comes to paying for any of our So what is this money going for? It ward to the rest of the discussion. services, all of the money that we have will be going for all of the same sorts Mr. GOHMERT. If I may reclaim my comes out of our own pockets as tax- of earmark pork projects that you have time briefly, I want to thank the gen- payers, whether you pay your local seen and been dismayed about out of tleman from Utah (Mr. BISHOP) for town tax or your county property tax the Congress in the past but be mag- being a dear friend and colleague. nified to the extent of $1 trillion. I heard your comments earlier about or your State income tax and so on and so forth. It all comes out of our own And the third point is for how long— the University of Utah. What an ex- and this is what the gentleman from traordinary year they’ve had. I get the taxpayer pockets. So it really doesn’t matter whether you say the States or Utah was making—for how long. impression nobody has given Utah any- We will go on for as long as the tril- thing. They have gone through a sea- locals can’t pay because, at the end of lion dollars pork project will continue son undefeated because they worked the day, come April 15, those same citi- to be spent out of Washington. It will hard and they earned it. So what we’ve zens will be paying the Federal Govern- not really be making permanent jobs. seen with football teams that get give- ment for those very same projects. The Obama administration talks about aways is that they don’t tend to do as So as to the question of who pays: wanting to create 3 million new jobs, 80 well, and they don’t have the dis- It’s the American taxpayer who is percent of them they hope to be private cipline. Utah certainly has that. Now, going to be on the hook for those very sector jobs. That means, of course, 20 if we would just get to a 16-team play- same infrastructure projects whether percent of them will therefore be pub- off, then we could give everybody that local, State or county pays for it or lic sector job. I can do the math in my same opportunity to claim the national whether some miraculously comes out championship. of the Federal Government’s Treasury head. That comes out to be around I thank my friend from Utah, and I as well. 600,000 new public sector jobs, which is would yield back to my friend from So the point is: Who pays? You do. around 50 some-odd percent if he threw New Jersey, Mr. GARRETT. The American taxpayer will pay for the postal service out of the Federal Mr. GARRETT of New Jersey. Again, whatever this stimulus package may be Government as we exist right now. I thank the gentleman from Utah for whether it’s $100 billion, $500 billion, $1 Where will those jobs be in a year your comments. They are always in- trillion. We’re looking at right now a from now or so after this project is sightful, and that’s why I led off by re- $1.2 trillion deficit as we speak, care of spent? They will be out. So if you have ferring over to your for those insight- Senator REID and NANCY PELOSI from got one of those good paying jobs, ful comments. Now I will just make a the 110th Congress. Basically, that is those jobs will end, and so will this couple of comments. what Senator Obama is inheriting, and program. I appreciate the gentleman from it’s on top of that that we’ll be spend- So who pays? The American taxpayer Texas for leading this Special Order ing, maybe, another $1 trillion. Who pays. For what? For more pork. How this afternoon, this Friday afternoon, will pay for that? Well, it is the Amer- long will it last? Only as long as this as Congress goes back to their dis- ican taxpayer. largesse out of the Federal Government tricts. As the gentleman from Georgia The second point is: For what? What lasts. indicated earlier, this is an abbreviated will we be paying for—earmarks? Well, What we need in the end—and I can session of Congress. I’m not sure why the other side of the aisle will say, no, conclude on this and yield back to the we spend 5 days in a week to do about there aren’t going to be any earmarks gentleman from Texas—is a program 2-days’ worth of work, but this gives us in this, but mark my words; there will that will create new jobs, that will cre- the opportunity to talk about an issue, be things akin to earmarks, and I ate jobs that will be new careers for in- of course, that is extremely important think that the American taxpayer is dividuals in this country, jobs not on to the American public, something smart enough with this. It will be pork. the public dole but in the private sec- that they are looking to Washington to Let me give you just an example. tor. How do you accomplish that? By begin to address, albeit over an ex- Again, the idea is, well, we’ll pay for creating a private sector jobs initiative tended period of time and in discussion infrastructure, and that’s all good to incentivize the private sectors to as opposed to legislation. when you talk about infrastructure take their literally trillions of dollars

VerDate Nov 24 2008 04:25 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.090 H09JAPT1 rfrederick on PROD1PC67 with HOUSE H148 CONGRESSIONAL RECORD — HOUSE January 9, 2009 that are on the sidelines right now and out of this current economic recession, more on private sector jobs and do to invest them into the economy, to in- depression—whatever you want to call whatever we can to avoid creating gov- vest them into the creation of new it, whatever title you want to give it— ernment jobs because once you put peo- jobs. And if you do that, that will move I’m concerned that that’s not an accu- ple on the government payroll, it’s the economy forward. The banks will rate way to do this. hard to get them off and it does not be more than willing to lend again be- One way to look at this would be to build wealth. cause the individuals out there will say, all right. If government spending I would also like to point out that have jobs to be able to pay back their is a panacea for the economy, if it will while our current circumstances are loans, and we will be reestablishing the build a great economy, then looking at dire and difficult and hard and there is strong economy that this country was the spending, the government spending a lot of pain in the country right now, known for for decades and for centuries for the last 2 years—which I believe it is temporary. As we’ve seen, expand- as well. That is the direction we should this Federal Government has spent ing economies are temporary. We’ve be going for. more money in the last 2 years than enjoyed about a 7- or 8-year good run And that’s why I thank the gen- any other 2-year period in history— with the expanding economy. Every- tleman from Texas for leading this talk that certainly didn’t drive a wonderful body enjoys that. New jobs are created, in this special hour tonight on how to economy. We’re in a bad economy right new wealth is created, opportunities. really stimulate the economy and how now. So if the premise is government Everybody likes that. But those are to really create jobs for this country. spending builds economies, then we temporary as we’ve now seen with this Mr. GOHMERT. I thank my friend ought to be in a good economy right contracting economy. from New Jersey. Great insights, great now. Quite frankly, we aren’t in that Well, the converse is true as well. points, three great points. Dear friend economy. Contracting economies are temporary. pastor from Tyler, Paul Powell, said The centerpiece, as both of our col- They may last a lot longer than we’d when he was in seminary, he asked one leagues have talked about, is job cre- like, a lot longer than we’d enjoy, but of his preaching professors, How many ation. And at the end of the day, it at the end of the day, this world econ- points should you have in a perfect ser- really should be about jobs. omy, this U.S. economy will turn the mon? And the professor said, I think I participated in a needs assessment corner and will begin to expand. you ought to have at least one. in Midland County back in the United So as we look at what we do to ad- So I really appreciate the gentleman Way days. It was a zillion years ago. It dress this issue, let’s be careful that we having three excellent points, and I ap- was a process where you went through don’t take money to be earned by fu- preciate the contribution. and asked people what was going on in ture generations to fix a temporary At this time I would like to yield to their homes, what was going on in the issue that we’re dealing with. I would someone who has an amazing mind neighborhoods, in local communities, argue that my colleagues’ and my gen- that got him CPA certified, and here he what were the problems, what were the eration, the last 4 years we have ele- is in Congress trying to help the laws issues. We culled that down through vated this idea of taking somebody become better and especially on finan- some science to the top 10 needs for the else’s money—in most instances it’s cial matters. So I would like to yield to Midland community. our grandkids and great grandkids and my friend, Mr. MIKE CONAWAY from If you looked at those 10, nine of great-great grandchildren’s money— Midland, Texas. those 10 would have been favorably ad- and let’s fix today’s problems. Which Mr. CONAWAY. I thank my colleague dressed by a job, by somebody having a means that we have robbed our future from Tyler and Longview and Marshall job. And so it is—in an arena where hy- generations of the money that they’re and Henderson and all points east of perbole is the norm, it’s difficult to going to earn that they should have Fort Worth. I appreciate his hosting overstate how important jobs are to an available to them to address their this hour today. economy. And that’s just the founda- problems. Because they will have prob- As we talk about President-elect tion, the base of those. lems. There is nothing we can do today Obama’s stimulus package, I am very I would also argue, though, that gov- that’s going to fix everything perma- mindful that he currently has some- ernment jobs—and my colleague and I nently, and those future generations thing north of a 65 to 70 percent ap- from Texas have two really good gov- have a right to the money they earn by proval rating. So you really don’t want ernment jobs. These government jobs the sweat of their brow. The problem is to pick a fight right off the bat with a that we have, we make money at it, you and I are spending it. Collectively. There’s plenty of blame to go around. fella who’s in that high regard across and they are here forever. And some This isn’t a partisan issue. Democrats, the United States. But so I think as a government jobs will always be here Republicans bear equal blame in this minimum, we ought to give him a forever. regard that we’ve constantly become chance to begin to put some meat on But the jobs that would be created addicted, in effect, to using borrowed the bone of all of these great ideas that with the program that’s been, you money to address issues. And the issue have been kind of at the—not even the know, kind of highlighted at the 50,000- we’re going to address over the next 10,000-foot level but at the 50,000-foot foot level, those jobs shouldn’t be for- several weeks is this economy, and ev- level and looking forward to the actual ever. And when you don’t talk about erything I’ve heard so far is that we’re legislative language as to how some of forever with a job, then that job is, by going to use borrowed money. this stuff is going to work. nature, temporary; and since it’s tem- I was in Fredericksburg, Texas, back I applaud him for calling for no ear- porary, it’s hard for families to make in October doing a town hall meeting marks and for transparency and ac- plans based on a temporary job. It’s at an elementary school. If my col- countability. That’s exactly what we hard for communities to plan on leagues have never done a town hall want to do. I’m particularly encour- those—the impact that those jobs have. meeting in an elementary school, I aged that Vice President BIDEN has So that temporariness of those gov- would encourage it because you get committed to oversee the spending of ernment jobs lends itself to continued some of the best questions ever from every single dollar personally. Given uncertainty, to continued anxiety fifth graders. the growing size of this bill, he is going about what happens when this ends, I was doing my best Q&A kind of to be one very busy Vice President as what happens when this is over as op- thing, and this little fella in the second he puts his green eyeshade on, his gar- posed to a business that comes into or row raised his hand, and I recognized ters, and pulls his sleeves up, gets out locates into a community, begins to him, and he said, Mr. Congressman, his pen, and actually watches the writ- put down roots and build jobs and build what is the plan to pay off the national ing of each one of those checks as he wealth, add to the local tax rolls. All of debt? committed to doing the other day. the kinds of things the private sector And I said, Excuse me? I am a bit discouraged, though, that jobs do, those have a sense of perma- He said, Yes, sir. What’s the plan to the overall process that was announced nency to them that is just right. That pay off the national debt? yesterday that he believed—our new makes sense to us. And I said, Young man, that is the President believes that he can spend, And I would argue that whatever we single best question I have been asked or we can collectively spend our way do on a go-forward basis, that we focus while I’ve been in Congress.

VerDate Nov 24 2008 03:01 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.092 H09JAPT1 rfrederick on PROD1PC67 with HOUSE January 9, 2009 CONGRESSIONAL RECORD — HOUSE H149 There is no plan to pay off the na- Jersey was talking about earlier in ducing private spending equivalently. tional debt. Every dollar that we bor- terms of how that money is going to be Whether government finances its added row is, in effect, permanently borrowed spent under the, quote-unquote, stim- spending by increasing taxes, by bor- forever. Let’s just take an example. I’m ulus package and the conference of rowing, or by inflating the currency, a CPA so some of this comes a little bit mayors, you know. The shopping list the added spending will be offset by re- easy to me. We’ve got $11 trillion in that they’ve gone through is, in my duced private spending. Furthermore, hard debt. Debt we’ve got paper on, not view, a much better way to try to stim- private spending is generally more effi- counting the promises of Social Secu- ulate this economy. cient than the government spending rity, Medicare, and all of that. We’ve Truth be told, at the end of the day, that would replace it because people got $11 trillion. the Federal Government has precious act more carefully when they spend In order to pay that off, this govern- little to do with whether or not the their own money than when they spend ment has to run an $11 trillion surplus economy expands or contracts. That’s other people’s money.’’ What an in- counting the interest. It’s more than driven by the decisions of millions of sightful quote. that if you’ve got interest. Given the Americans to decide whether or not Another quote, ‘‘As Congress and history of the last 42 years, we’ve, I they’re going to buy something new, President-elect Obama work together think, run surpluses 3 of those years. whether or not they’re making enough to help middle class families and get Thirty-nine of them or forty-one of money to be able to afford that, wheth- our economy back on track, the deficit them, whatever the number is, have er or not their business—prospects for estimate makes it clearer than ever been deficits. their business is good enough that that we cannot borrow and spend our So if anyone in their right mind they’ll go to the bank and borrow way back to prosperity when we’re al- thinks this Federal Government, given money and continue to begin to turn ready running an annual deficit of the propensity we have for spending this corner. more than $1 trillion. The reality is other people’s money, can run a $12 or b 1500 that the decisions we make today will $11 trillion surplus in order to pay off impact future generations, and burying Those decisions are made all over the the national debt, they are delusional our children and grandchildren under a United States, all over the world by beyond all words. mountain of debt to pay for more good, honest folks and not govern- Now, at a minimum, the first thing wasteful government spending would ments. So we sometimes delude our- that we ought to do is quit doing be the height of irresponsibility.’’ what’s gotten us to this point. Quit selves into thinking that—and most of I’ve come to know so many wonderful spending money we don’t have. You us are of the kind of personality that people on both sides of the aisle in my know, it’s—across the aisle we’ve got we came here to fix stuff; we came here 4 years that I’ve been here. There may two seemingly desperate ways of doing to make this country a better place; we be somebody in this body that doesn’t things. On our side we want to cut came here to do all those kinds of like children, but I don’t know who it taxes, and the other side spends money things. Sometimes it’s not our job. would be. I find a commonality of just but doesn’t raise taxes. It ought to be Our propensity is that we want to fix a real love for children. You see chil- this way: If you’re going to spend the stuff, we want to do things to help this dren come onto the floor under 12 are money, then have the political back- country. And when we see a problem as allowed here. We saw the rostrum, the bone to raise the taxes; or if you’re not staggering and difficult as this one, we dais just completely covered up with going to raise the taxes, have the polit- think that there’s something we in fact children as Speaker PELOSI was sworn ical backbone to not spend the money. can do, and we feel almost inadequate Well, we’ve had it on our side where when we propose not doing something. in. And children just bring a smile we spent the money and borrowed it, But maybe in this instance, letting us when you see these wholesome, refresh- and the other side wants to spend the absorb the pain and understand that in ing children, bright eyes, full of hope money and raise taxes. And all we’ve a deleveraging circumstance, when gathered around. But it breaks your done is spend money that we don’t you’re paying off debt as we are right heart when you realize the kind of debt have. It’s not ours. No family gets to now, that that does not grow an econ- we’re loading these children up with. I do that, no small business gets to do omy, but that does lay the foundation mean, nobody in this body I know of that, no other government entity I’m for that future economy that will begin would intentionally go about harming aware of, other than the Federal Gov- to expand that we will all enjoy on a go any child, but we’re doing it uninten- ernment, gets to do that. forward basis. tionally. My preference, if we’re going to have So if anybody remembers one thing It has historically been the general some sort of a stimulus work, would be I’ve said today, it is, let’s begin to look nature of mankind, it’s not true with to focus on tax policy, the money and lay a foundation for stopping fix- all species, but with mankind gen- that’s earned by good citizens, and that ing temporary problems with perma- erally—except for some exceptions of we, at the point of a badge, take away nent debt that we’re borrowing from some really horrible people—mankind’s from them. That tax policy ought to be future generations and are nature is to protect our children; and stable, it ought to be predictable, it hamstringing them and are hobbling in this body, while I’ve been here, ought to be put in place. It allows them their ability to take care of their we’ve continued to load them up. And to keep more of their money and create issues when they are grown and in our President-elect Obama talked about those private sector jobs. position. change and hope. And frankly, the Let’s take the example of businesses. So I appreciate my colleague for Democrats had been spending way too Section 179 allows businesses to deduct hosting this hour today. much money in the eighties and in the immediately in the year of purchase a Mr. GOHMERT. I thank my friend 1990s up to ‘95. There were a few years certain amount of money that they from Midland, Mr. CONAWAY. I guess there where Republicans were doing spend on equipment that they use in it’s that trained certified public ac- the right thing, and then they couldn’t their business. By being able to deduct countant mind that sees with such help themselves, they started spending that, the taxes they would otherwise clarity. You know, you’ve got your money like crazy, loading up the kids have paid on that amount of money, debits and your credits, and you come with more debt than they will ever be they can recycle into their business by here to Congress and it should balance. able to pay. And I was really—and am hiring new people, investing in new And I appreciate the clarity that all still—holding out hope that the change product, investing in new capacity. All your training and experience has given. that we can get and we need the most those kinds of things. I ran across some quotes here that from this administration coming in is So that, in my view, is a much more are right in line with what my friend quit killing our children with debt, just appropriate stimulus of the economy from Midland has been saying. Here’s a overloading them with debt. than to collect a bunch of money here quote from Dr. Richard Wagner, Pro- And, you know, the change is not in Washington D.C. and then begin to fessor of Economics at George Mason going to come by throwing money at try to parcel it out across some of the University. He said, ‘‘The government the economy; we’ve been doing that for projects that our colleague from New can increase its spending only by re- the last 4 months, it has accomplished

VerDate Nov 24 2008 03:01 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.093 H09JAPT1 rfrederick on PROD1PC67 with HOUSE H150 CONGRESSIONAL RECORD — HOUSE January 9, 2009 nothing. There are some great insight- and they have gotten so good at cut by President Reagan and we had ful writings and thoughts from econo- rationalizing they can rationalize al- double-digit inflation, we had double- mists now that, although it was the most anything. We don’t need to be digit unemployment. We’re not even most incredibly good of intentions doing that. We need to be getting to close to double-digit inflation. But if through the thirties, the economy did what helps. we keep throwing away money and not get help, despite all the massive But I’ve heard people try to ration- printing money like crazy and bor- spending and government programs, alize on this floor, in this Congress in rowing and trying to tax more, then until World War II. So as people here the 4 years I’ve been here. And I never we’re headed for major, major trouble. have heard me say many times, I think seek to impose my religious beliefs on But you go back to the late seven- the number one duty of the Federal anyone else, but I enjoy it when people ties, early eighties, and the research Government is to provide for the com- quote Scripture. And I’ve heard Scrip- we’ve done indicates that key indus- mon defense. ture quoted on this floor many times, tries that experienced a big downturn We need to have defense spending. but often it’s during tax debate. And as a result of the recession in the late And invariably every time an adminis- I’ve heard people ridiculing, you know, seventies, early eighties were housing, tration comes in and seeks their cuts some of you Republicans say you’re a steel manufacturing and automobile by cutting the military, cutting spend- Christian, but Jesus said take care of production. And these did not see a re- ing with defense contractors, then our the widows and orphans; Jesus said, covery until much later. military gets at a low point. And as even as you’ve done to the least of I might also say, for those who look President Ronald Reagan had said, you these, my children, you’ve done to me; for answers in Scripture I referred to know, no country ever gets attacked Jesus said do unto others as you would earlier, when people have criticized me because people perceive it as being too have them to do unto you; and here for not wanting to take other people’s strong, they perceive it as being vul- you guys are wanting to cut give away money to give it away to my charity of nerable, so they attack it. programs to all these different people. choice, that they would prefer to do it, It is always a good thing, and pre- But I’ve searched Scripture, and for I brought that up and someone said, oh, ventative, when a nation is strong those who like to rely on it, you can well, that’s not being very Christian. militarily. We don’t need to be cutting look, Jesus never said, Go ye, there- And I point them to the example of the military, we don’t need to be cut- fore, use and abuse your taxing author- Zacchaeus. Because if you look at ting defense spending. In fact, when the ity, take somebody else’s money and Zacchaeus and his example, the first government is going to spend and help give it away. He said you do it. ‘‘You’’ thing he did after he met Jesus was to the economy, it ought to be on things do it. You do it individually. You help. go cut taxes. And, in fact, not only did that government has to do anyway. You reach out. You give with your he cut taxes, he gave a four-for-one re- So when we look at some of the pro- money, you give with what you have. bate, as I recall, to those who he had posed projects in which funding is Don’t go abusing your power as a Mem- wronged. And I have no doubt that in being sought and maybe spent, some of ber of Congress to take from somebody cutting taxes after he met Jesus that the things that have been listed so far else to give; do it and you will be the he stimulated the economy all around as being ready to go, shovel ready, beneficiary. That was the teaching, not because it meant the government ready to have money, $350,000 for an Al- for government to take other people’s wasn’t getting that money, the tax col- buquerque, New Mexico fitness center, money. Because what is taxation? It’s lectors weren’t getting that money, we need to make our people more phys- theft. Although we legalize it, there- people were able to spend their own. ically fit. I have been deeply troubled fore, it’s legal theft. We take somebody Now, I was really amazed when some that with all the emphasis on No Child else’s money and we use it the way we of us, a bipartisan group of Members of Left Behind, we’ve cut art programs, want to use it. Congress, went to China a few years we’ve cut music programs, we’ve cut So, that is a concern. Here’s another ago, and talking to CEOs and since all kinds of programs that really can quote from an assistant professor of ec- then talking to other CEOs, why was make people a more whole person, and onomics, Justin Ross, from the School your industry moved to China? Because that includes physical fitness. of Public and Environmental Affairs at I figure the answer is going to be You know, when I was a kid and Indiana University. He says, ‘‘The em- cheaper labor; we didn’t have to deal President Kennedy proposed physical pirical evidence overwhelmingly re- with labor unions; easier environ- fitness for children, I really didn’t like jects Federal Government deficit mental—the number one answer was it. I thought he ought to mind his own spending as the best method for stimu- not any of those things. They said our business, actually. But I can tell you lating the economy, and it is generally quality control was so good in the that the physical fitness programs that unsupportive of it having any stimulus United States, Americans just really were instituted—and that wasn’t a effect at all.’’ We saw that all through make good products. mandate, it wasn’t a requirement, it the thirties. No matter how much 1515 was an encouragement, he led by en- money the government gave away, no b couraging. And schools started having matter how many government pro- But the number one answer was that physical fitness programs and the kids grams, there was nothing permanent the corporate tax rate in China was so got better off physically which made about what was done. much cheaper than it is here. And you them better off mentally. And to see Now, we hear a lot of people say that look around the world at where econo- the obesity that has resulted, we don’t this is the worst economy in 70 years mies are growing, and they have need, as a Federal Government, to and 80 years, going back to the thir- dropped corporate rates. They have start telling people you can’t buy fast ties, it rivals those days. I was men- dropped capital gains rates so people foods, you can’t eat this, you can’t eat tioning before, but I had a man over 90 are able to keep more of their own that. Just everybody exercise, and then years old approach me in my district money. push that with the children; set those say he was sick and tired of people say- And what we see, we have seen over good patterns early and that will take ing that, that what we’re going and over going back to President Ken- care of itself. It teaches discipline, and through right now has no comparison. nedy, President Reagan and the early that is something that far too many in For people that are out of work, it even days of President Bush. When you drop this body have not been able to over- has no comparison to the 1930s because the tax rate, the economy is encour- come. there were times, he said, when we aged, expands, and you get even more Now, one of the things that you learn would go a couple of days without even revenue back into the coffers of the in law school is to rationalize almost eating, and now people get upset and government. So everybody comes out anything. You get good at it. If you be- think they’re broke if they don’t have ahead. come a good lawyer, you get good at two or three cars, computers, cell Now, some of the other things we’ve rationalizing basically any conduct—or phones, and that kind of thing. They heard about the Democratic stimulus you can. And I see people that have had none of that. package that is being worked on is that been here in Congress for many years, And you go back to the late seven- it could virtually triple the current many that did not go to law school, ties, early eighties before the big tax year’s deficit. What we’ve been hearing

VerDate Nov 24 2008 03:01 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.094 H09JAPT1 rfrederick on PROD1PC67 with HOUSE January 9, 2009 CONGRESSIONAL RECORD — HOUSE H151 is that it will grow a deficit that’s goal. But what government should do And so some women would get des- about a 50 percent increase over the is create incentives for other people to perate, and they’d realize I’ve got to post-World War II record of 6 percent. do good things. There’s been too much get a job but I also need a handout Also, we’ve been told, as my friend of a problem with Congress that we de- from the government with the chil- from New Jersey alluded to, that 20 cide we’re just going to give away dren. So they get a job, they wouldn’t percent of the 3 million jobs that Presi- money, throw it at a problem, and report that to the Federal welfare au- dent-elect Obama wants to create are think we have done a good thing. thorities, and they’d come before me as in government. We don’t produce a The highest and best use of this body criminals for welfare fraud. Others whole lot in government. Some would over and above making sure that we would see how much money was being say what we produce is not worth pro- provide for the common defense is en- made in dealing drugs, and that’s no ducing and is more harmful than good. couraging people to do the best that way out of a rut. And it wasn’t, be- Regardless, we don’t need 600,000 new they can with what they have, use cause that’s bad for everybody. government jobs. That is overloading their talents, use their God-given po- But you come back to the premise, the economy with government. And as tential. the Federal Government luring people former Senator Gramm used to say, One of the things that drove me off into a rut with giveaway programs that When we have more people in the the bench as a district judge and made don’t let them out. wagon than pulling the wagon, the me want to run for this office to get to Now, I am not sure exactly what the wagon’s going to stop and the country serve here was as a judge handling felo- answer was in the 1960s specifically, will be economically dead at that nies, I kept seeing more and more but I know what the general answer is. point. women come into my court that I had The government should provide incen- Spending, though, disguised as tax to sentence for a couple of things. One tives to do the right thing. So instead cuts is not a tax cut. As many writers was for welfare fraud and another was of, you know, giving people a check have said, if we want to stimulate the for their involvement in dealing drugs. and luring them into this rut they can economy, what we really need to do is And you get a complete presentence in- never get out of, maybe we give them have a tax cut. That’s why I filed in vestigation report on people’s back- incentives to finish their education, December and have re-filed the first ground, and I was amazed how similar help with day care. If we had done that, day we were in session this week a 2- so many of the stories were. we wouldn’t see this boom over the last month tax holiday bill, H.R. 143. I’m And this is not a racial issue because, 40 years of children without enough hoping that I will get to talk with when I dealt with it, there were women parents that care about them. So that’s someone in the incoming administra- of all races having the same problem. what we encouraged, and seriously tion because President-elect Obama They would have somebody encourage we’ve gotten what we’ve paid for. said he wanted to provide a tax cut for them, because they were bored with We could drop the corporate tax. We every American who made less than high school, to drop out and have a could drop the cap gains tax. I get sick $250,000. My bill makes sure every wage baby because the government will send and tired of hearing people saying we’ll earner, including self-employed busi- you a check. So they would drop out, never get manufacturing jobs back to nesses, get a two-twelfths tax cut for have a baby, and they’d get a govern- the United States. Ridiculous. Of the year 2009. It’s not just a stimulus ment check. And then they’d find out, course we can. They’ve left because package, but that is the result. it’s not really enough for a baby and a corporate taxes are a lot cheaper else- But the fact is, if we in this body al- woman to live on. So they would have where, and people that come on to this lowed people who earned the money to another child and another child, and floor and say, oh, let’s don’t tax the choose winners and not give money to they kept getting further and further people, let’s tax the corporations, that people and companies they think are behind. is so disingenuous because the fact is, losers, then they make the decisions. And you go back to the 1960s and the corporations, if they don’t pass that on And I can guarantee you, they’re going great society and how well-intentioned and make their customers and clients to make better decisions than we’ve that was, but what occurred was the pay, then they don’t stay in business. seen out of the Treasury department government saw single women having The corporation doesn’t pay that tax. over the last 4 months. It’s like we to provide for children with some dead- It’s a conduit, but it comes from the were reading a moment ago, when peo- beat dad out there not helping. So, individuals getting their services. But ple spend their own money, they do it with the best of intentions and wanting it seems to be a good passing of the more wisely than when they’re spend- to help, they said let’s give them a buck by Congress when we do that. ing someone else’s money, especially check. So they started giving a check But The Detroit News itself, home of when we have the problems with ac- for every child that a woman could our automakers, say, Tax cuts work countability that government always have out of wedlock. And when they best to stimulate the economy. If Con- has. It doesn’t matter which adminis- come 40 years later to my court to be gress agrees to take on this enormous tration is in office. When there is sentenced, over and over I’m seeing debt in the name of stimulating the money to be given away by the govern- women who are lured into this rut by economy, it better do everything pos- ment, accountability is a nightmare. the Federal Government well-inten- sible to keep it from becoming his- It’s a huge problem, and despite all the tioned giveaways, and they couldn’t tory’s biggest pork barrel. promises, we have got a Republican ad- get out. We provided them no incentive The Pittsburgh PAPER said, As Club ministration that’s been in office the to get out. for Growth’s Pat Toomey urges, the last 4 months during this huge bailout, I hear from people in housing elimination of the capital gains rate but we have had a Democratic majority projects that said, you know, we were would be the better solution. in the House, a Democratic majority in trying to save a nest egg so we could That’s what is really needed is what the Senate, and no matter which party move out of Federal housing someday National Review’s Larry Kudlow said. is in charge, accountability has been and buy our own home. So we’re saving A fool bore, supply-side tax rate reduc- disastrous when it comes to holding up a down payment. Then we were told tion that could even morph into full- people’s feet to the fire with govern- by some authorities that we had too fledged corporate tax reform. ment money. So it is not the answer to much money in savings, that we either That would be amazing. We’d get go throwing money at all these dif- had to buy stuff or give it away or those jobs back overnight. ferent things. spend it somehow, get rid of it, or we’d And then with energy, we’ve had this Other proposed giveaways would be have to move out of Federal housing. I big energy debate the last 6 months, $94 million for a parking garage at the mean, what’s wrong with this? The and now people have gone to sleep on Orange Bowl in Miami. What a great Federal Government ought to be about the issue. We should not. We have still bowl, what a great venue for football, encouraging people to do what’s good got to get energy independent. but there doesn’t need to be a Federal for them because ultimately that’s And we heard from experts who said giveaway. $4.5 million for Greton, Flor- good for the country, and instead, we if we will simply open up ANWR, and it ida, to bottle water with recycled bot- lure people into a rut and we don’t let isn’t a beautiful, pristine area that is tles, well, that’s a wonderful, noble them out. often depicted on television. There’s

VerDate Nov 24 2008 03:01 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.096 H09JAPT1 rfrederick on PROD1PC67 with HOUSE H152 CONGRESSIONAL RECORD — HOUSE January 9, 2009 nothing there. It’s flat. There’s not a approach. They take pictures of casual- Now, earlier today, the House passed better place on earth to drill because ties, and they decide whatever side has H. Res. 34. The vote was 95 percent in there’s nothing there. Animals can’t suffered the most casualties must be in favor, 1 percent against, the remaining live there. If the caribou come, they the right. I would point out that if this percent either voted present or wasn’t have to pass through immediately be- is the standard we use, America has present, 95 percent to 1 percent. Let us cause there’s nothing there to live on. been in the wrong in every war we have review some of the provisions of that Drill there. We’d have a tiny footprint, fought since 1812. It is absolutely pre- resolution. I will read some, and then I and we were told that immediately posterous to say that whichever side will comment. we’d have 250,000 new jobs, and by the suffers the greater casualties has mo- ‘‘Whereas Hamas was founded with time they were ready for production, rality on their side. the stated goal of destroying the State there would be 1 million new jobs. Part of this is a misreading of the of Israel; There’s a third of President-elect just war theory that so many modern ‘‘Whereas Hamas has been designated Obama’s promise of 3 million new jobs, philosophers have put together, and by the United States as a Foreign Ter- and we don’t have to give money away. one of its key elements is proportion- rorist Organization; We don’t have to increase taxes. The ality. The press, skimming rather than ‘‘Whereas Hamas has refused to com- private sector will take care of it. All reading these philosophical texts, ply with the Quartet’s,’’ and here we we have to make sure is the environ- comes up with the idea that there must are referring to the United States, Eu- mental concerns are addressed so that be proportionality of one side’s casual- ropean Union, Russia and the United we don’t hurt the environment. ties to the other side’s casualties. A Nations, that Quartet’s ‘‘requirements We could increase the jobs imme- true reading of just war theory indi- that Hamas recognize Israel’s right to diately by opening up more of the cates that the proportionality doctrine exist.’’ Outer Continental Shelf. What an in- is that there must be proportionality Then it goes on to say that Hamas credible stimulus that would be. between the objective that the just side has launched thousands of rockets A Boston Herald editorial said, a real is seeking and the casualties which are against Israel’s population centers stimulus bill—the expiring tax cuts are unfortunately borne by both sides. since 2001 and has launched more than tax increases and history shows that Well, what is the objective that 6,000 such rockets and mortars into tax increases in a recession, depression Israel is seeking? First and foremost, Israel since Israel withdrew both its or recovery can be deadly. We should the objective is to end a situation military and civilians from Gaza in not go there. where 1 million Israelis every day and 2005. I often look at the seal on the dollar every night face daily attempts to kill The resolution also states that in bill. It has a pyramid with a triangular and maim as many of them as possible. June, 2006, after that withdrawal, eye actually at the top, representing By this standard, this is a just effort by Hamas illegally crossed into Israel, at- the all-seeing eye of God, and the Latin the Israeli Government to safeguard its tacked Israeli forces, and kidnapped phrase ‘‘annuit coeptis’’. That’s Latin people. Corporal Gilad Shalit, whom they con- Now, Hamas has sent, since 2005, well meaning He, God, has smiled on our tinue to hold today. The resolution over 6,000 rockets and mortars into undertaking. then points out that Hamas is getting southern Israel. Now, I want to clarify When we saddle those dear, sweet some very substantial support from one issue as to the number, because children that are alive today and their Iran, and I will address that later, and often you will hear a figure roughly children with debt because we would is using innocent civilians as human not do the right thing, I don’t see how half of 6,000. That is the correct figure for the number of rockets or for the shields. God or anybody else can smile on our Let me give one illustration of that, number of mortars. But if you add to- undertaking. We need to get back to and that is Nizar Rayyan, perhaps one things that bring smiles. gether the rockets and the mortars since the year 2005, the number stands of Hamas’ top 5 leaders. f He stored weapons at his home, so- well over 6,000. MIDDLE EAST AND THE ECONOMY Why do we pick 2005? That is because phisticated communications designed to act as a communications center for The SPEAKER pro tempore. Under that is the time when Israel withdrew Hamas. So what did Israel do? They the Speaker’s announced policy of Jan- completely, unilaterally, without con- called him at his home. They told him uary 6, 2009, the gentleman from Cali- cession, without compensation, from that in order to avoid civilian casual- fornia (Mr. SHERMAN) is recognized for the Gaza Strip, leaving behind valuable ties, they were giving him 10 or 15 min- 60 minutes as the designee of the ma- assets, which were trampled on rather utes notice, that’s enough time for peo- jority leader. than used by Hamas extremists. Mr. SHERMAN. Madam Speaker, I So we see some 6,000 rockets and ple to leave the area, but that it was plan to use the first two-thirds of my mortars from a territory that is hardly important to Israel to destroy those time to focus on events in the Middle under Israeli occupation. We are told weapons, to destroy that communica- East and then the final third to focus that, well, Hamas should be regarded tions equipment. What did Mr. Rayyan do? Having on our economy. I would invite my col- as morally virtuous because so few of boasted that he wanted to die as a mar- leagues who wish to address these sub- these rockets hit their target. It is true tyr, he not only stayed in the house, jects to come to the floor. I can yield that the vast majority of these 6,000 but he kept with him several of his them a few minutes, but if I don’t have projectiles have failed in their at- wives and children. That is the use of any company, I’m capable of speaking tempts to kill Israeli women and chil- innocent human shields at its worst, a for a full hour, as some of my more dren and civilians, but that doesn’t man doing everything possible to lead bored colleagues have already seen mean that Hamas has good morality. It to the death or cause the death of his proven. simply indicates that Hamas has bad aim or, more specifically, that they are four wives, of many of his children, all b 1530 using ordnance, which is very difficult so he could claim that Israel was re- Now, even in an hour-long presen- for them to aim. sponsible for the deaths of those civil- tation, I am not going to be able to Every one of those rockets and mor- ians. present all of the facts to support my tars had a single objective, kill as Let us continue to look at key provi- position, and so I invite my colleagues many Israeli civilians as possible. Not sions of the resolution that passed the to visit [email protected]. a single one of them was targeted at House. Now, focusing on the Middle East, we the Israeli military. So we are told, ‘‘Whereas Israel has facilitated hu- all want peace, we all want a sustain- well, let us count only the casualties. manitarian aid to Gaza with hundreds able cease-fire. But, instead, our tele- Let us ignore the over 6,000 attempts at of trucks carrying humanitarian as- visions show us blood and carnage. Who murder from Hamas. We cannot ignore sistance . . . ’’ is to blame? What do we do to cause it those missiles. From a moral stand- Let me provide the specifics. Just to stop? point, it is just as wrong to fire a mis- today some 89 humanitarian shipments Now, as to the issue of who is to sile that fails to hit its civilian target went from Israel to Gaza, including blame, the press has a remarkably silly as one that does hit its civilian target. 2,227 tons of food, medicine, plus 315,000

VerDate Nov 24 2008 03:01 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.097 H09JAPT1 rfrederick on PROD1PC67 with HOUSE January 9, 2009 CONGRESSIONAL RECORD — HOUSE H153 liters of heavy-duty diesel so that Gaza shields, while simultaneously targeting wider significance, a conflict between can operate its power generation sta- Israeli civilians.’’ the government of Iran and the people tion and 143 tons of gas for domestic In paragraph 8, the resolution ‘‘calls and allies of the United States. use. That is what Israel made sure, at for the immediate release of the kid- The fighting in Gaza has dem- risk to its own people, would reach napped Israeli soldier Gilad Shalit, who onstrated Iran’s ability and desire to Gaza just today. has been illegally held in Gaza since wage war on America and its allies. Well, how does that compare with June 2006.’’ I would point out that I, at Hamas is a terrorist organization seek- combatants in other wars? Look at least, believe that no cease-fire can be ing the destruction of Israel in favor of World War I and World War II. regarded as adequate unless it includes an Islamic Palestinian state, but it is In each of those wars, the British the return of Gilad Shalit. also a proxy for the Iranian Govern- Navy used its total mastery of the sur- So these are the provisions, and I ment. As such, what we see in the Mid- face of the oceans to blockade Ger- haven’t had a chance to quote them all, dle East is part of a regional war being many. Not a single ship of medicine but these are what I think are the most waged by the Iranian regime against was allowed to pass across the Atlantic important provisions of the resolution the United States and its allies. to Germany, not a single ship of food, passed by this House by a vote of 95 Many of Hamas’ weapons are made in and, of course, prior to both World War percent to 1 percent. I want to com- Iran. Many top Hamas military leaders I and World War II, Germany was a mend Chairman BERMAN and Speaker and experts who launched the missiles major food importer from the western PELOSI for introducing and writing this into Israel were trained in Iran. Iran hemisphere. resolution, and I was proud to be one of provides the lion’s share of Hamas’ What did Germany do? They deployed its original cosponsors. funding. It is unlikely that Hamas their submarines with the stated pur- would be able to achieve its status as b 1545 pose of starving the British in both the premier Palestinian terrorist orga- World War I and World War II by sink- So let us try to review some of the nization without backing from Iran. ing as many ships as possible, laden elements that we see on the ground in Iran backed Hamas like Iran backed with food, purchased in the new world. the Middle East. Hezbollah. It shoots rockets at Israel’s So in World War I and in World War II, Hamas claims to be beleaguered, but civilians from deep inside their own both combatants from the first day of it has rejected the U.N. Security Coun- densely populated civilian areas, know- the war did everything possible to stop cil cease-fire resolution passed last ing that any Israeli attempt to defend a single ship of humanitarian assist- night. Hamas has done everything to itself will kill or at least endanger Pal- ance, to use modern nomenclature, to increase civilian casualties, including estinian civilians. Through Hamas and stop a single ship with food or medicine the actions of Mr. Rayyan and includ- Hezbollah and through its operatives in Iraq, Iran and its government are able from reaching its destination. Compare ing the use of human shields. to stir up crises in the Middle East, Israel to both sides in World War II, Yet in spite of all of Hamas’ efforts thus injuring American prestige while risking its own soldiers and civilians in to increase civilian casualties on both sides, U.N. estimates state that over helping to achieve Iran’s own aims. order to help those trucks get through. We know that Iran is working hard to The resolution continues with a two-thirds of the Palestinian casualties possess a nuclear bomb. With all that quotation from Secretary Rice where have been gun-toting militant terror- Iran is doing now, with all that it has she said, on January, 2009, January 6, ists, and other estimates put that num- ber at well over three-quarters. It is a done as far from its own country as hundreds of thousands of Israelis lived blowing up the Jewish center in the under daily threat of rocket attack testament to everything Israel has done, risking the lives of its own sol- city of Buenos Aires, what will Iran be and, frankly, no country would be will- like if it has nuclear weapons? It will ing to tolerate such a circumstance. diers in order to minimize Palestinian civilian casualties, that well over half, act with impunity. We will go from cri- Moreover, the people of Gaza watched sis to crisis between the U.S. and its al- as insecurity and lawlessness increased well over two-thirds of the Palestinian casualties, are indeed the militants, lies and Iran, and each time we will be and their living conditions grew more staring at a hostile nuclear power. not the civilians. dire because of Hamas’ actions, which Now, it is true that the last time we When Hamas launches rockets from a began with the illegal coup against the went eyeball-to-eyeball with a hostile neighborhood, an Israeli sergeant has Palestinian Authority in Gaza. A nuclear power, namely the Soviet seconds to decide whether to return cease-fire that returns to those cir- Union, best exemplified by the Cuban cumstances is unacceptable and will fire. Now, there is always a com- missile crisis, we lived to tell about it. not last, will not last. fortable pundit talking head on tele- But imagine going eyeball-to-eyeball The U.N. Security Council, passed a vision in an air-conditioned studio with a regime that is considerably less resolution last night calling for a sus- ready to vilify that decision. But the sane than Mr. Khrushchev, and not tainable cease-fire. But a cease-fire decision has to be made in seconds by having one Cuban missile crisis, but a that returns Hamas to the situation an Israeli sergeant under fire. The crisis every time Iran decides to test that existed in December is, in the moral culpability for civilian casual- us, every time it engages in inter- words of our own Secretary of State, ties cannot be put at the feet of any national terrorism? This is a risk unacceptable, because it will not last. sergeant. Moral culpability for the hor- Americans should not take. The U.N. has called not for a tem- rors of war lies with politicians who Finally, what happens if, as so many porary cease-fire, but for a sustainable seek extreme and unjust ends through of us pray, this regime in Tehran feels cease-fire. violent means. that it is going to be swept out of Now, the resolution goes on in its re- While Israel seeks to live in peace power? They may decide to nuke Tel solved clauses to make a number of alongside a Palestinian state, Hamas Aviv in an effort to regain popularity points. For example, the resolution, in and its political leaders have as their among those on the street in Iran, or subparagraph 3, ‘‘encourages the Ad- clearly stated objective to kill or expel they may decide to smuggle a weapon ministration to work actively to sup- every Jew from the Middle East. into the United States, feeling that if port a durable and sustainable cease- Hamas proudly waives the banner of they are going to go out, they would fire in Gaza, as soon as possible, that genocide and ethnic cleansing. So just as soon go out with a bang. So it prevents Hamas from retaining or re- where do we lay the blame for the cas- is unacceptable for America to sleep building its terrorist infrastructure, in- ualties that continue? I believe it is while the centrifuges spin at Natanz. cluding the capability to launch rock- not at the feet of the sergeant who is Now, preventing an Iranian nuclear ets and mortars against Israel.’’ under fire, but rather it is at the feet of weapon is still possible if the new ad- Paragraph 5 ‘‘calls on all nations— the political leaders who insist upon ministration reorients our foreign pol- ‘‘(A) to condemn Hamas for delib- continuing to seek such unjust and ex- icy to make that its chief objective. erately embedding its fighters, leaders, treme ends through violent means. The good news is that the tools we and weapons in private homes, schools, Now, I have discussed this conflict as have available, the diplomatic tools, mosques, hospitals, and otherwise if it is a conflict between just Israel the economic tools to isolate the gov- using Palestinian civilians as human and Hamas. It is in fact a conflict of ernment in Tehran, have only been

VerDate Nov 24 2008 04:22 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.100 H09JAPT1 rfrederick on PROD1PC67 with HOUSE H154 CONGRESSIONAL RECORD — HOUSE January 9, 2009 used to the extent of 1 or 2 percent. We refinery in India was seeking funding suits. It should not result in taxation. still have a lot of tools in the tool box. from the U.S. Export-Import Bank, one It should result in accolades and The bad news is for this entire adminis- of our major funding institutions, to thanks from this Congress to see that tration, even after 9/11, even after it fund the construction of infrastructure American pension plans, both public was revealed by an Iranian dissident around the world, and we do that chief- and private, and American individuals, group all the details proving that Iran ly because it is U.S. products being are willing to step forward and put was making considerable progress to a used in that infrastructure. So RIL was some economic pressure on the Iranian nuclear bomb, even after all that, this seeking a U.S. Export-Import Bank government. administration has left most of the loan or loan guarantee, and several In addition, I think that we have to tools in the tool box. Members of Congress joined with me in examine our relationship with Russia I will detail some of those tools in sending a letter to that institution and China with a lens of looking at the time that remains to me, and the saying that Ex-Im Bank should not how Russia and China deal with Iran. rest, of course, are available for my provide such financing unless the refin- Too often these two super powers or colleagues to view at ery stopped shipping gasoline to Iran. former super powers, or future super Bradsherman.house.gov. So I look forward to using these and powers, whatever term you would use First, we can begin the effort at eco- other tools to convince the Iranian for Russia and China, these two power- nomic isolation. I think incoming people and Iranian elites that their pol- ful countries use their seat at the U.N. President-elect Obama has a strong icy, the policy of their government in Security Council to defend Iran from record. He voted for the Lautenberg supporting terrorism and building nu- any meaningful sanctions. amendment in 2005, which unfortu- clear weapons, is going to lead to their Why do they do this? nately didn’t pass because a majority economic and diplomatic isolation. First and foremost, they do it be- of Senators voted against it. That I think we also owe a special debt of cause they can, knowing full well that amendment would simply have pre- gratitude to the mullahs who run the our policy toward China or Russia on vented U.S. oil companies from doing Iranian Government, because their in- the issues they care about will not be business with Iran through their for- credible corruption and inefficiency affected by what they choose to do on eign subsidiaries. Furthermore, then has left the Iranian economy very sus- Iran. This failure of linkage needs to Senator Obama authored the bill in the ceptible to these pressures, very frag- end with the end of this administra- last Congress which would have en- ile. This economy in Iran was fragile tion. We need a State Department and couraged divestment from firms doing even when oil was selling for roughly a President and a foreign policy that business with Iran. I hope very much $150 a barrel, and they are far more makes it plain to Russia that when we that in its first days, the Obama ad- fragile now that oil is selling between look at Georgia, when we look at ministration comes to Congress and $40 and $50 a barrel. Trans-Dniester Moldova, when we look urges us to pass these two pieces of leg- at disputes involving the pricing of b 1600 islation that were so strongly sup- natural gas, when we look at whether ported by Senator Obama. Let me review just a few of the other we’re putting missile defense in Poland We then need to ask the administra- things that this government and this and the Czech Republic, when we’re tion, and it is an odd constitutional Congress can do in order to get the looking at any issue important to Mos- circumstance where we have to ask message across to Iranian elites and cow, our first question will be what has that laws be enforced, but we should the Iranian people that they face eco- Russia done to hinder or help the Ira- ask the administration to begin enforc- nomic and diplomatic isolation if they nian nuclear program. ing the Iran Sanctions Act as the cur- continue to support terrorism and de- Nothing illustrates this better than rent administration and even the prior velop nuclear weapons. our plan to put missile defense in the administration refused to do. The first of these is to urge Ameri- Czech Republic and Poland, justified by We need at the diplomatic level to cans to divest from ownership of stock the current administration on the the- demand that the World Bank stop dis- in companies that are investing in the ory that we need that because Iran bursing funds to Iran in the form of Iranian oil sector. How can we do this? may have nuclear ICBMs. concessionary loans. We basically ac- First, we need to make it clear, and Now, how crazy is this? quiesced in the decisions of the World this is legislation that passed the We anger Russia by putting the mis- Bank to make those loans. Fortu- House, unfortunately, I believe it did sile defense in the Czech Republic and nately, only half the funds have been not—I know it did not make it through Poland. What instead we should do is disbursed, and we must make it clear the Senate, to simply tell pension agree not to build that missile defense to the World Bank that our continued plans and other trustees that they are if Russia will help us prevent Iran from participation in that organization re- free to divest without the risk of law- having nuclear weapons, which was the quires the immediate cessation of dis- suits from some crazy investor or bene- theoretical reason we needed the mis- bursements from the World Bank to ficiary who somehow would claim that sile defense. the government of Iran. the fund could make more money if it Keep in mind that missile defense is We need to deny Nuclear Cooperation did invest in companies doing business not going to safeguard Poland or the Agreements to countries that provide in Iran. We’ve got to make it plain that Czech Republic from Iranian nuclear technologies to Iran, and by ‘‘tech- no one has a fiduciary duty to invest in weapons. First, it probably won’t work. nologies’’ I mean those technologies terrorism. But even if it did, Iranian missiles are that help Iran develop nuclear weap- Second, we would want to change our not aimed at Krakow or Prague. Ira- ons. tax laws so that those selling stock in nian missiles would probably not be And we need to organize the world to a company, usually a foreign oil com- the mechanism that Iran would use to hit one of Iran’s Achilles heels, and pany that is investing in the Iranian deliver nuclear weapons. You see, to that is the fact that it needs to import oil sector and investing in the stock of develop an ICBM you have to be a gasoline, because although Iran is oil a different company, that those who damn good rocket scientist or actually rich, it does not have refinery capacity. engage in such a transaction are not have a bunch of damn good rocket sci- Almost half of its gasoline needs to be immediately taxed. Rather, they entists. But you do not have to be a imported. should get to what tax professionals rocket scientist to get a nuclear weap- As to this effort, I have the oppor- call a carry-over basis, and then, when on into an American city. tunity to report to the House that we they divest, when they sell the stock of A nuclear weapon is about the size of have had some success. It has been re- the new company, the company that’s a person, and of course those sizes ported that a major Indian refinery, doing good things, that would be the vary, as do nuclear weapons. But it is RIL, has agreed to stop sending refined time when they would recognize their not that hard to smuggle something petroleum products to Iran. This is a capital gain, because divestiture of the size of a person into the United success for the U.S. Government, and companies doing business with Iran in States. In fact, our efforts along the particularly for the Congress of the a way so as to bolster its energy sector, U.S./Mexican border have raised the United States. Why? Because this very divestment should not result in law- price that smugglers charge for that

VerDate Nov 24 2008 03:30 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.101 H09JAPT1 rfrederick on PROD1PC67 with HOUSE January 9, 2009 CONGRESSIONAL RECORD — HOUSE H155 very activity from $1,000 dollars up to Again, this has been an ineffective let’s face it, we’re investing in the pre- $1,500. That may deter some who would foreign policy of the outgoing adminis- ferred stock of quite a number of these cross the border illegally for economic tration. So I look forward to a diplo- banks of different sizes, and some of reasons. That may deter poor people matic policy that gives the highest pri- those investments will fail. So if we from Latin America, but it obviously ority to putting U.N. sanctions on Iran don’t make a profit on the good ones, isn’t going to deter any country with as long as it develops nuclear weapons our kids are going to be paying for an nuclear weapons. and supports terror. I look forward to enormous increase in the Federal def- Likewise, I could point out that we using all of the economic sanctions icit as a result of the bad investments do not have a single border officer on available to us. And I look forward to we have made. the entire Alaska/Canadian border, not being able to use our broadcasting re- The way to do this is to set 15 per- one. So if you think that oh, well, sources to inform the Iranian govern- cent as the floor, but to expect that we’re going to defend Los Angeles and ment and people that they face true where substantial risks are taken, that Chicago because we have this incred- isolation, economically and diplomati- we get warrants worth 20, 30, 40, 50, or ible border effort, we have zero on that cally, if they continue down the same 80 percent of the amount that the Fed- border. And so Iran could easily, could path. eral Government is investing. smuggle a weapon into Anchorage, At this point, I want to move from There is a second area that I have fo- even more easily than to smuggle one foreign policy to our economic situa- cused on in all of the TARP discus- into Los Angeles or Washington or New tion. Next week, this Congress will sions, and that is my concern that we York. consider a bill amending the TARP will be bailing out foreign entities, not So why are we building missile de- program. TARP is the program that is just American entities; that this would fense in the Czech Republic and Poland known as the $700 billion bailout bill. take the form of buying bad bonds that and by doing so, angering Moscow and $350 billion has been spent by this ad- were invested in and owned, not by making it more difficult for us to pass ministration. The other $350 billion re- U.S. entities, but by big banks in appropriate resolutions sanctioning mains available to the next adminis- Shanghai and Riyadh and London. Iran through the United Nations Secu- tration. Now, up until now, contrary to the rity Council? Now, that second $350 billion will not plan that Secretary Paulson presented First, myopia has marked so much of be available to the new administration to this House, he has not spent a single the foreign policy of the current ad- until the administration makes a re- penny buying bad bonds from anybody. ministration. quest and until we have a chance in a b 1615 And second, a peculiar belief that by privileged resolution to vote on a reso- building missile defense in the Czech Of course, he told us that was the lution of disapproval. But I should Republic and Poland, we are somehow only thing he was going to use the point out that it would be virtually im- tying those two countries to us and money for. He changed his mind by the possible for this Congress to prevent continuing the Cold War against Rus- moment he passed the bill, but the new any administration making such a for- sia. administration may, indeed, decide to We should be building missile defense mal request from getting the second buy troubled assets/bad bonds from only if we think it will work. It will $350 billion. That is because any resolu- those who invested in them. If this is not work against Iran. tion of disapproval would have to pass the case, they should only buy such And there’s a second reason. Iran will both Houses of Congress, then sustain a bonds if they were held by an American choose to smuggle nuclear weapons, presidential veto, and both Houses entity on September 20, 2008, which is rather than use Intercontinental Bal- would have to override that veto. So the day that all of this bubbled up to listic Missiles because they will have the second $350 billion is likely to be- the surface, the day of Secretary more confidence in their ability to come available to the Executive Paulson’s original proposal. smuggle. Even if they have an ICBM, Branch. When I say an ‘‘American investor,’’ they’re not sure it works. They’re cer- Before that we should strengthen the I include as American investors those tainly not sure that it hits the target requirements for expenditure of the entities incorporated in the United within 5 miles or within half a mile of second $350 billion. Now, there are a va- States, or doing business in the United what they’re trying to achieve. They riety of ways to strengthen the re- States, even if they are owned by for- know they can smuggle a nuclear quirements. There are three that I eign entities. So, if Fireman’s Fund weapon to precisely the location they have focused on most directly. Chair- happens to be owned by an entity out- want right outside the security perim- man FRANK has focused on quite a side the United States, they are still eter of this Capitol, right outside the number of other ways to strengthen very much a part of the business activ- front gate of the White House. the TARP program, and I agree with ity here in the United States, and if And, in addition, Iran would prefer to most of what he will be trying to do. the bond was actually owned by the have plausible deniability. Why should I should point out that I’m speaking U.S. entity, it should be eligible for they make it so clear that the bomb on the basis of the outline posted on purchase under TARP. But it is a very came from the Iranian government? If, the Speaker’s web page and I believe on different thing to allow what I call the instead, it is delivered by a terrorist the web page of the Financial Services China two-step. they can always say, oh, you dare not Committee as well. The China two-step works like this: retaliate; it wasn’t our fault. So Iran We do not yet have the bill’s text. The Bank of Shanghai made some bad would prefer plausible deniability, just But from that outline, we see one investments. You know, everybody as bin Ladin denied then admitted then major improvement focusing on one of around the world bought our bad bonds denied responsibility for 9/11. the three issues that I have focused on, or mortgage-backed securities, what- So we are building missile defense in and that is a requirement that when we ever you want to call them. They the Czech Republic and Poland for no invest in a financial institution, we re- bought some really bad bonds. Shang- reason that enhances American secu- ceive at least a minimum number of hai transfers those to some U.S. entity rity and at great cost to our effort to warrants. Now, frankly, we should be on Monday, and then the Treasury prevent Iran from developing nuclear getting a lot more warrants than the buys them on Tuesday. The China two- weapons. minimum that would be established by step. Likewise, we have made it all too Chairman FRANK’s legislation. But the We need to put into the statute that, clear to Beijing that our attitudes to- current TARP bill has no minimum at before any bond is purchased, before ward their currency manipulation will all. So if we can raise that to a 15 per- any troubled asset is purchased, we not be affected in the slightest by what cent minimum and make it plain to the know that it was owned by a U.S. in- they do with regard to Iran, particu- Department of the Treasury that the vestor, including those entities that larly at the United Nations. Why would minimum is a floor, not a ceiling, and may have foreign parents, but was we take the Number 1 threat to our na- that the taxpayers of this country de- owned by a U.S. investor on September tional security and tell the Chinese, we serve warrants commensurate with the 20. won’t link it to anything you care risk that we are taking, then we will be The third issue that I’m concerned about? in a much stronger position, because, about and that now, I think, all of my

VerDate Nov 24 2008 03:30 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JA7.102 H09JAPT1 rfrederick on PROD1PC67 with HOUSE H156 CONGRESSIONAL RECORD — HOUSE January 9, 2009 colleagues or our colleagues are con- are some other perks for us to limit. markable departure from that which he cerned about is the issue of executive But in addition to perks and bonuses, was very clear was his promise to this compensation and perks. Now, the out- we ought to look at salaries because House, right up until the minute when line—and I’m only working from the some of these executives are getting $1 we passed the bill that he wanted. outline that’s posted on the Web page— million-a-month salaries. Finally, let’s take a look at the stim- does say that those who receive bailout I think, if a company is receiving ulus bill. I just want to comment on a moneys cannot own or lease private TARP funds, they should limit the few of the tax provisions. One of those jets, but it leaves it clear that they can total compensation package of every that is being put forward by the admin- charter the private jets. Better we executive to a mere $1 million, and istration that, I think, a number of should take the private jet provision when I say total compensation pack- those, including Senator KERRY, have out of the law entirely than we commit age, that has got to count everything. some concerns with is the idea of pro- a fraud on the American people and say That counts the salary, the bonus, the viding employers with a $3,000-per-hire that the executives at companies which pension plan contributions, and the tax credit for each new person they needed a bailout are not going to have stock options. hire. Let me illustrate the concern I private jets, and lo and behold, instead Now, I’m not certain that everything have with this proposal. of owning jets, they charter them. I’m suggesting here will be in the bill Imagine two restaurants. One has We should make it clear that char- we consider next week. My fear is that been there for years and is desperately tered luxury aircraft cannot be used by the bill will prohibit bonuses but will trying to hold on, is desperately trying those who receive bailouts, and we be a little unclear about stock options, to keep its 25 staff members employed. should provide an exception. We should that it will prohibit leasing the cor- Then somebody else opens a new res- provide an exception where the des- porate jets, but will allow the compa- taurant right across the street. It’s tination is a place very far from sched- nies to charter the corporate jets, and going to hire 25 new people. Well, under uled air service. We should focus not that it will put limits on bonuses but the provision as I understand it—and only on perks, but on the total com- no limits on salaries. there is no legislative language yet pensation package. The question then is a difficult one available; although the bill will prob- Now, the automobile bailout bill that for those of us who were skeptical ably be voted on within a few weeks— passed this House, but did not pass the about the initial bill. Do we vote to put the new restaurant gets a huge credit. Senate, did provide limits on bonuses in some additional restrictions know- It receives $3,000 for every one of its 25 paid to the executives of the bailed-out ing that they are insufficient or do we employees, thereby putting it in a posi- firm. What we need to make clear is vote against it? I will be analyzing that tion to put out of business the existing that any grant of a stock option is cov- issue carefully, but I will say this: restaurant across the street. ered whether or not called a ‘‘bonus,’’ If we pass a bill next week that im- Now, there are some tax provisions because the creativity of the corporate poses additional restrictions, I hope we being suggested by the Transition Team that, I think, make a lot of world is enormous. do so to a bill that is considered under AIG said, when they paid millions of regular order. Let us mark up the bill sense. These involve giving businesses dollars to executives just last month, in the Financial Services Committee, tax deductions in 2009 that they were those weren’t bonuses; those were re- and if the amendments that I’ve al- otherwise going to reap in 2011 or in tention payments. So, given the ability luded to here fail to pass the com- 2012 or in 2013 anyway. The chief reason I support these pro- of some in the corporate world to say mittee or the House, I’ll be happy to visions is they give us a lot of bang for it’s not a bonus just because it quacks vote for the bill knowing that these the buck. They put a lot of money in like a bonus or walks like a bonus, you issues have at least been discussed, but the hands of businesses today, but can be sure that there are those in the if we are confronted with a bill that is when you look at the Federal deficit a step forward but is not considered in corporate world who think that grant- over the next 10 years, they increase regular order, as to which there is no ing a stock option is not a bonus. that Federal deficit only a little bit. Why are stock options so important? markup in committee, and we are not Why is that? Because the money we’re Because the stock prices of the bailed- allowed to consider amendments, sub- giving these businesses today is money out entities are currently trading very stantive amendments on this floor, they’re going to owe us in future years. low. That’s why they need a bailout. then it will be more difficult to support So we’re not giving them new tax de- So, if you give an executive the right a bill even if that bill is a step forward. ductions. We’re simply letting them If we pass a bill that strengthens the to buy thousands and thousands of take the tax deductions sooner. Two TARP program but insufficiently, I shares of his company and to buy each provisions particularly meet this will then introduce legislation to deal share for today’s $1 or $2 price, you are, standard. perhaps, providing that executive with with the issues that I’ve brought up in One is allowing operating loss carry- tens of millions or with hundreds of this speech, and we will hopefully, one backs for 5 years rather than for 2 millions of dollars worth of options. It way or another, pass even stronger re- years by allowing those with operating is, therefore, important that we not strictions than those that are cur- loss deductions to be used now. We give allow stock options to be granted or rently outlined on the Web page of the money to the companies now, but we allow stock to be granted—either one— Financial Services Committee, hope- deprive the companies of those deduc- to executives at firms that receive a fully as part of the one bill we will con- tions in future years. bailout. sider next week, possibly as part of Second, what is called ‘‘accelerated,’’ Some will ask: What about those other legislation that will be consid- sometimes called ‘‘bonus depreciation’’ companies that took money from ered before the day when we authorize where we allow small companies to Paulson and didn’t know that there or when we vote on whether to dis- write off up to $250,000 of new invest- would be tough restrictions? The an- approve the disbursement of the second ment immediately rather than taking swer is simple: Give us back the $350 billion. So I look forward to im- depreciation deductions over a number money. No firm should be required to proving the TARP bill. of years. live under these tough provisions if it I think, of course, the greatest im- Another element that ought to be no longer wants to hold taxpayers’ provement is that I am far less skep- part of the stimulus package is aid to money, but if they’ve got taxpayer tical of the incoming administration States and localities. There is nothing money, they ought to either live under than I am of the outgoing administra- worse to do in the middle of a deep re- the restrictions or return it to us. tion, and that high skepticism of the cession than to fire a bunch of police In addition to bonuses and stock op- current administration is justified by officers and a bunch of teachers. tions, in addition to chartered aircraft, the fact that not one penny has been First, that means their work is not I should point out that Goldman Sachs, spent yet by Paulson to do anything being done; our kids aren’t being edu- one of the companies that is holding that he told us that he would spend all cated, and at the worst possible time, our bailout money, paid a quarter of a of the money on. So a certain degree of our neighborhoods are less safe. Sec- million dollars last year for a luxury skepticism of the current Treasury ond, it has an immediate negative ef- limo for just one executive. So there Secretary has been borne out by his re- fect on employment and on the cash

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The governing charter of Madam Speaker, I could not agree provide the money to local govern- Hamas openly calls for the destruction with those words more. ments rather than just to the State of the State of Israel, with the goal of If the beleaguered Jewish people have governments. I would suggest pay- raising the banner of jihad over every learned anything in their struggles for ments to each school district based on square inch of the State of Israel. survival over the millennia against en- the number of full-time students and And still, Madam Speaker, time after emies who have sought their complete payments to whichever entity of local time, Israel has acted in good faith and annihilation, it is, as one Holocaust government provides police protection has extended gestures of goodwill to- survivor said, ‘‘When someone says based on the number of residents they wards its Palestinian neighbors and they intend to kill you, believe them.’’ are protecting. Hamas, including its complete dis- Madam Speaker, consider some of I want to thank this House for giving engagement from the Gaza Strip in 2005 the things that terrorist enemies of me an hour of time to express these and its commitment to target only Israel have said they intend to do to views. Even with all of this time, as military installations of its enemies Israel. I’ve said, I have not presented all of the despite the routine attacks against its Sheikh Hassan Nasrallah stated, ‘‘We evidence in support of these positions. own women and children on almost a have discovered how to hit the Jews That’s why I hope my colleagues will daily basis. where they are most vulnerable. The visit Bradsherman.house.gov to look at Madam Speaker, in all of its con- Jews love life, so that is what we shall the additional arguments in favor of flicts, Israel seeks to minimize civilian take from them. We will win because these positions. casualties; Hamas has sought to maxi- the Jews love life, and we love death.’’ I yield back to the Chair. mize them. Hamas has broken every Wael al-Zarad, a Hamas Cleric, said, f cease-fire agreement and every honor- ‘‘As Muslims, our blood vengeance able rule of war by deliberately embed- against them will only subside with ISRAEL ding their terrorist militants and their annihilation . . .’’ The SPEAKER pro tempore (Ms. weapons caches in the homes of private And Egyptian Cleric Safwat Higazi HIRONO). Under the Speaker’s an- citizens, and in schools, and in hos- gave this mandate to jihadists on nounced policy of January 6, 2009, the pitals, and mosques; and Hamas has re- Hamas television. He said, ‘‘We say to gentleman from Arizona (Mr. FRANKS) peatedly used innocent Palestinian ci- you: Dispatch those sons of apes and is recognized for 60 minutes. vilians as human shields while they de- pigs to the Hellfire on the wings of the Mr. FRANKS of Arizona. Madam liberately target Israeli civilians. Qassam rockets. Jihad is our path . . . Speaker, the most fundamental pur- There is no moral equivalence here, This is our strategic option, and not pose for any government is its national Madam Speaker. Hamas and Israel are peace. . . . They [the Jews] deserve to defense and the protection of its citi- guided by two completely opposite phi- be killed. They deserve to die. You zens. I stand here today in heartfelt losophies: One is committed to equal- should not care if you hit a man, support for Israel and for its right to ity and human dignity under God, and woman, or a child. . . . Destroy . . . ev- defend its innocent citizens from the one is committed to a totalitarian ide- erything . . .’’ attacks of a relentless enemy that ology of hatred and intolerance; one is Madam Speaker, those are horrifying seeks its destruction. The conflict un- devoted to protecting innocent human words even when we hear them here in folding in Israel’s heartland today is life, and one commands its destruction. the safe enclaves of our own homes and not unfamiliar to the Israeli people. When a cease-fire agreement was work places of America. But for the reached between Israel and Hamas last people of Israel, such words mean ter- b 1630 June, Hamas used that opportunity to ror and death. Since its establishment in 1948, the build up its stockpiles of rockets and Madam Speaker, America’s enemies tiny State of Israel—22 of which would weapons that now threaten approxi- and Israel’s enemies in this war are the fit into our State of California—has mately one million Israelis. And now, same. Both of us face the reality of faced enemies on every side that open- Madam Speaker, in a struggle for peace radical Islamic jihadists who would see ly oppose its right to exist and work and survival, Israel is once again forced our nations wiped from the face of the actively to bring about its destruction. to carry out defensive action against Earth if they could. Both of our na- Indeed, Israel has never known a re- Hamas in order to stop the terrorizing tions have been struck deeply, and ality where its very existence was not of its innocent civilians. Israel, in its case, has been repeatedly, threatened by this insidious ideology And once again, once again, Madam by any stretch of imagination, has called jihad; an ideology so sinister as Speaker, certain members of the inter- been struck by this same ideology time to make men and women leap for joy at national community are calling on and time again; the same ideology that killing their own children in order to Israel to ‘‘exercise restraint.’’ murdered Olympic athletes in 1972, be able to kill the children of others, Madam Speaker, if 6,000 rockets had that took American hostages in Iran, whether that means flying commercial fallen on an American city over a space that murdered Marines in their bar- airplanes into the World Trade Center of four years, what would we say to racks in 1993, that bombed the World or sending a Qassam rocket into the anyone who called upon us to restrain Trade Center in 1993, that bombed Ri- side of a bus carrying small school chil- ourselves in the effort to protect our yadh in 1995, the Khobar Towers in dren in Israel. own citizens? If those same members of 1996, the embassy in 1998, the USS Cole Madam Speaker, in Imperial China, the international community who so in 2000. And then, Madam Speaker, this there was a terrible form of execution harshly criticize Israel for the defen- murderous, hellish ideology massacred known as death by a thousand cuts. It sive actions had to suffer for 1 week— nearly 3,000 Americans on September was an unspeakably cruel demonstra- just 1 week—under these indiscrimi- 11. tion meant to terrify observers into nate incessant attacks against their And this enemy makes little distinc- submissions. Israel is fighting to stop families and their loved ones as Israel tion between those who support Israel the ‘‘death by a thousand cuts’’ strat- has done for decades, Madam Speaker, and Israel itself, and for that reason, egy used by Hamas to inflict constant, I would submit that the layers of Madam Speaker, we must realize that incessant destruction and terror on the Hamas would have been made ashes an attack on Israel is an attack on Israeli citizens; and the nation of Israel once and for all long ago. America and freedom itself. has acted nobly for the sake of inno- Madam Speaker, Charles Listen to the words of Sheikh Ahmad cent Israelis, as well as innocent Pales- Krauthammer recently wrote in the Bahr, acting speaker of the Palestinian

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A bill to amend the Internal Rev- requisites reached to any agreements (The following Members (at the re- enue Code of 1986 to provide a 1-year exten- reached between Israel and Hamas. quest of Mr. PRICE of Georgia) to revise sion of the increased expensing of certain de- First, it must reject any moral equiva- and extend their remarks and include preciable business assets and the special de- lence between the goals of Hamas and extraneous material:) preciation allowance for certain business property; to the Committee on Ways and Israel. Secondly, it must place the EUGEBAUER Mr. N , for 5 minutes, Means. blame for this current conflict squarely today. By Mr. BOSWELL (for himself, Mr. on the shoulders of Hamas, and third, Mr. PRICE of Georgia, for 5 minutes, LOEBSACK, Mr. BERRY, Mr. BRALEY of it must clearly restate that America’s today. Iowa, and Mrs. EMERSON): H.R. 362. A bill to amend title XVIII of the commitment to the State of Israel re- f mains unshakable. Social Security Act to provide for temporary We stand with Israel not as Repub- ADJOURNMENT improvements to the Medicare inpatient hos- licans, Madam Speaker, not as Demo- pital payment adjustment for low-volume Mr. FRANKS of Arizona. Madam hospitals and to provide for the use of the crats, but as Americans and fellow Speaker, I move that the House do now non-wage adjusted PPS rate under the Medi- members of the human family, equal adjourn. care-dependent hospital (MDH) program, and heirs of those unalienable gifts of God The motion was agreed to; accord- for other purposes; to the Committee on we call life, liberty, and the pursuit of ingly (at 4 o’clock and 40 minutes Ways and Means, and in addition to the Com- happiness; these basic human freedoms. p.m.), under its previous order, the mittee on Energy and Commerce, for a pe- We stand with the innocent people of House adjourned until Tuesday, Janu- riod to be subsequently determined by the Israel who have been terrorized on a Speaker, in each case for consideration of ary 13, 2009, at 12:30 p.m., for morning- such provisions as fall within the jurisdic- daily basis, some for as long as they hour debate. tion of the committee concerned. can remember. And we also, Madam f By Ms. ROS-LEHTINEN (for herself, Speaker, stand with those courageous Mr. BURTON of Indiana, Mr. ROYCE, Palestinian souls who also long for EXECUTIVE COMMUNICATIONS, and Mr. MCCOTTER): freedom and peace with their Israeli ETC. H.R. 363. A bill to amend the United States International Broadcasting Act of 1994 to re- neighbors. Under clause 8 of rule XII, executive Madam Speaker, President Harry organize United States international broad- communications were taken from the casting, and for other purposes; to the Com- Truman, who formally recognized the Speaker’s table and referred as follows: mittee on Foreign Affairs. State of Israel only 11 minutes after 41. A letter from the Acting Assoc. Gen. By Ms. ROS-LEHTINEN (for herself, Israel had declared its independence, Counsel for General Law, Department of Mr. ROYCE, Mr. SHERMAN, Mr. MAR- said, ‘‘I had faith in Israel before it was Homeland Security, transmitting a report KEY of Massachusetts, Mr. established, I have faith in it now. I be- pursuant to the Federal Vacancies Reform FORTENBERRY, Mr. BURTON of Indi- lieve it has a glorious future before it— Act of 1998; to the Committee on Oversight ana, Mr. BOOZMAN, and Mr. WILSON of not just another sovereign nation, but and Government Reform. South Carolina): 42. A letter from the Attorney-Advisor, De- H.R. 364. A bill to restrict nuclear coopera- as an embodiment of the great ideals of tion with the United Arab Emirates, and for our civilization.’’ partment of Homeland Security, transmit- ting a report pursuant to the Federal Vacan- other purposes; to the Committee on Foreign Madam Speaker, we recognize those cies Reform Act of 1998; to the Committee on Affairs. words to be true and believe that the Oversight and Government Reform. By Ms. BORDALLO (for herself, Mr. cause of liberty will prevail in the land 43. A letter from the Deputy White House BROWN of South Carolina, Mr. FARR, of Israel as it has so many times before Liaison, Department of Justice, transmit- Mrs. CAPPS, Mr. ABERCROMBIE, Mr. and that Israel indeed does have a glo- ting a report pursuant to the Federal Vacan- PALLONE, Mr. INSLEE, Mrs. rious future before it. cies Reform Act of 1998, to the Committee on CHRISTENSEN, and Ms. SHEA-PORTER): Oversight and Government Reform. H.R. 365. A bill to direct the President to Throughout its history, the hand of establish a program to develop a coordinated God has been upon Israel, and today we 44. A letter from the Deputy White House Liaison, Department of Justice, transmit- and comprehensive Federal ocean and coast- join in the solidarity with the State of ting a report pursuant to the Federal Vacan- al mapping plan for the Great Lakes and Israel, and its people, with the inno- cies Reform Act of 1998, to the Committee on coastal state waters, the territorial sea, the cent Palestinians, and with all of who Oversight and Government Reform. exclusive economic zone, and the continental love peace, and we pray for the peace of 45. A letter from the Program Manager, shelf of the United States, and for other pur- Jerusalem. Center for Medicare Management, Depart- poses; to the Committee on Natural Re- Thank you, Madam Speaker. ment of Health and Human Services, trans- sources, and in addition to the Committee on mitting the Department’s final ‘‘Major’’ Science and Technology, for a period to be f rule—Medicare Program, Medicare Advan- subsequently determined by the Speaker, in LEAVE OF ABSENCE tage and Prescription Drug Benefits Pro- each case for consideration of such provi- grams: Negotiated Pricing and Remaining sions as fall within the jurisdiction of the By unanimous consent, leave of ab- Revisions [CMS–4131–FC] (RIN: 0938–AP24) re- committee concerned. sence was granted to: ceived January 7, 2009 pursuant to 5 U.S.C. By Mr. FARR (for himself, Mrs. CAPPS, Mr. JONES (at the request of Mr. 801(a)(1)(A); jointly to the Committee on En- Ms. BORDALLO, Ms. SHEA-PORTER, Mr. BOEHNER) for today on account of at- ergy and Commerce and Ways and Means. MCINTYRE, and Mr. EHLERS): tending a friend’s funeral. H.R. 366. A bill to establish the national f ocean exploration program and the national Mr. TIAHRT (at the request of Mr. REPORTS OF COMMITTEES ON undersea research program within the Na- BOEHNER) for today on account of offi- tional Oceanic and Atmospheric Administra- cial business. PUBLIC BILLS AND RESOLUTIONS tion, to direct the Administrator of the Na- f Under clause 2 of rule XIII, reports of tional Oceanic and Atmospheric Administra- tion to establish and maintain an undersea SPECIAL ORDERS GRANTED committees were delivered to the Clerk for printing and reference to the proper research program, and for other purposes; to By unanimous consent, permission to calendar, as follows: the Committee on Science and Technology, address the House, following the legis- and in addition to the Committee on Natural [Omitted from the Record of January 3, 2009] lative program and any special orders Resources, for a period to be subsequently heretofore entered, was granted to: Mr. BERMAN: Committee on Foreign Af- determined by the Speaker, in each case for fairs. Legislative Review Activities of the consideration of such provisions as fall with- (The following Members (at the re- Committee on Foreign Affairs for the 110th in the jurisdiction of the committee con- quest of Ms. WOOLSEY) to revise and ex- Congress (Rept. 110–939). Referred to the cerned. tend their remarks and include extra- Committee of the Whole House on the State By Mrs. CAPPS (for herself, Mr. FARR, neous material:) of the Union. Ms. BORDALLO, Mr. INSLEE, Mr.

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THOMPSON of California, Mr. the Committee on Intelligence (Permanent garding, incidents of abandonment of infant HASTINGS of Florida, Mr. WAXMAN, Select), for a period to be subsequently de- children; to the Committee on the Judiciary, Mr. GRIJALVA, Mr. MORAN of Vir- termined by the Speaker, in each case for and in addition to the Committee on Edu- ginia, Mr. PALLONE, Mr. DELAHUNT, consideration of such provisions as fall with- cation and Labor, for a period to be subse- and Ms. CASTOR of Florida): in the jurisdiction of the committee con- quently determined by the Speaker, in each H.R. 367. A bill to establish a national inte- cerned. case for consideration of such provisions as grated system of ocean, coastal, and Great By Ms. ROS-LEHTINEN (for herself, fall within the jurisdiction of the committee Lakes observing systems, and for other pur- Mr. BURTON of Indiana, and Mr. concerned. poses; to the Committee on Natural Re- MACK): By Mrs. BLACKBURN (for herself, Mr. sources, and in addition to the Committee on H.R. 375. A bill to enhance the security of CAMPBELL, Mr. BURTON of Indiana, Science and Technology, for a period to be the Western Hemisphere and bolster regional Mr. FRANKS of Arizona, Mr. BARRETT subsequently determined by the Speaker, in capacity and cooperation to counter current of South Carolina, Mr. NEUGEBAUER, each case for consideration of such provi- and emerging threats, to promote coopera- Mr. OLSON, Mr. GOHMERT, Mr. sions as fall within the jurisdiction of the tion in the Western Hemisphere to prevent GINGREY of Georgia, Mr. ROE of Ten- committee concerned. the proliferation of nuclear, chemical, and nessee, Mr. FLAKE, Ms. FOXX, Mr. By Mrs. CAPPS (for herself, Mr. FARR, biological weapons, to secure universal ad- AKIN, Mr. HENSARLING, Mr. BROUN of and Ms. BORDALLO): herence to agreements regarding nuclear Georgia, Mr. PITTS, Mr. HERGER, Mr. H.R. 368. A bill to authorize the acquisition nonproliferation, and for other purposes; to LAMBORN, Mr. BRADY of Texas, and of land and interests in land from willing the Committee on Foreign Affairs. Mr. GARRETT of New Jersey): sellers to improve the conservation of, and By Ms. FALLIN (for herself and Mr. H.R. 381. A bill to make 5 percent across- to enhance the ecological values and func- BOREN): the-board rescissions in non-defense, non- tions of, coastal and estuarine areas to ben- H.R. 376. A bill to authorize the Secretary homeland-security discretionary spending efit both the environment and the economies of the Interior to convey to the McGee Creek for fiscal year 2009; to the Committee on Ap- of coastal communities, and for other pur- Authority certain facilities of the McGee propriations. poses; to the Committee on Natural Re- Creek Project, Oklahoma, and for other pur- By Ms. JACKSON-LEE of Texas: sources. poses; to the Committee on Natural Re- H.R. 382. A bill to create a separate DNA By Mrs. BONO MACK: sources. database for predators against children, and H.R. 369. A bill to designate certain Fed- By Mrs. BLACKBURN (for herself, Mr. for other purposes; to the Committee on the eral lands in Riverside County, California, as KLINE of Minnesota, Mr. CAMPBELL, Judiciary. wilderness, to designate certain river seg- Mr. BURTON of Indiana, Mr. FRANKS By Ms. LORETTA SANCHEZ of Cali- ments in Riverside County as a wild, scenic, of Arizona, Mr. BARRETT of South fornia (for herself, Mr. CALVERT, Mr. or recreational river, to adjust the boundary Carolina, Mr. NEUGEBAUER, Mr. ROYCE, Mr. ROHRABACHER, and Mr. of the Santa Rosa and San Jacinto Moun- OLSON, Mr. SHIMKUS, Mr. GOHMERT, CAMPBELL): tains National Monument, and for other pur- Mr. GINGREY of Georgia, Mr. ROE of H.R. 383. A bill to authorize the Secretary poses; to the Committee on Natural Re- Tennessee, Mr. FLAKE, Ms. FOXX, Mr. of the Interior to participate in additional phases of the project to reclaim and reuse sources. AKIN, Mr. PITTS, Ms. FALLIN, Mr. water within the service area of the Orange By Mr. SMITH of New Jersey (for him- HENSARLING, Mr. BROUN of Georgia, County Water District in California; to the self and Mr. PAYNE): Mr. HERGER, Mr. BRADY of Texas, Mr. Committee on Natural Resources. H.R. 370. A bill to amend the Foreign Serv- LAMBORN, and Mr. GARRETT of New ice Act of 1980 to extend comparability pay Jersey): By Mr. FRANK of Massachusetts: H.R. 384. A bill to reform the Troubled As- adjustments to members of the Foreign H.R. 377. A bill to make 2 percent across- sets Relief Program of the Secretary of the Service assigned to posts abroad, and to the-board rescissions in non-defense, non- Treasury and ensure accountability under amend the provision relating to the death homeland-security discretionary spending such Program; to the Committee on Finan- for fiscal year 2009; to the Committee on Ap- gratuity payable to surviving dependents of cial Services, and in addition to the Commit- propriations. Foreign Service employees who die as a re- tees on Ways and Means, and the Judiciary, sult of injuries sustained in the performance By Mrs. BLACKBURN (for herself, Mr. for a period to be subsequently determined of duty abroad; to the Committee on Foreign KLINE of Minnesota, Mr. CAMPBELL, by the Speaker, in each case for consider- Affairs, and in addition to the Committee on Mr. BURTON of Indiana, Mr. FRANKS ation of such provisions as fall within the ju- Oversight and Government Reform, for a pe- of Arizona, Mr. BARRETT of South risdiction of the committee concerned. riod to be subsequently determined by the Carolina, Mr. NEUGEBAUER, Mr. By Mr. ROGERS of Alabama (for him- OLSON, Mr. SHIMKUS, Mr. GOHMERT, Speaker, in each case for consideration of self, Mr. PASCRELL, Mr. CANTOR, Mr. Mr. GINGREY of Georgia, Mr. ROE of such provisions as fall within the jurisdic- CAMPBELL, Mr. ADERHOLT, Mr. BACH- Tennessee, Mr. FLAKE, Mr. BURGESS, tion of the committee concerned. US, Mr. WESTMORELAND, Mr. TIBERI, Ms. FOXX, Mr. AKIN, Mr. BARTLETT, By Mrs. BONO MACK: Mr. BONNER, Mr. DAVIS of Alabama, H.R. 371. A bill to amend the Reclamation Mr. PITTS, Ms. FALLIN, Mr. and Mr. MCCOTTER): Wastewater and Groundwater Study and Fa- HENSARLING, Mr. BROUN of Georgia, H.R. 385. A bill to amend the Internal Rev- cilities Act to authorize the Secretary of the Mr. BRADY of Texas, Mr. HERGER, Mr. enue Code of 1986 to provide tax incentives to Interior to participate in the Rancho Cali- LAMBORN, and Mr. GARRETT of New consumers and lenders for the purchase of a fornia Water District Southern Riverside Jersey): passenger vehicle during 2009; to the Com- County Recycled/Non-Potable Distribution H.R. 378. A bill to make 1 percent across- mittee on Ways and Means. Facilities and Demineralization/Desalination the-board rescissions in non-defense, non- By Mr. DOGGETT: Recycled Water Treatment and Reclamation homeland-security discretionary spending H.R. 386. A bill to amend the Internal Rev- Facility Project; to the Committee on Nat- for fiscal year 2009; to the Committee on Ap- enue Code of 1986 to simplify and improve ural Resources. propriations. the current education tax incentives; to the By Mr. COSTA (for himself, Mr. By Mrs. BLACKBURN (for herself, Mr. Committee on Ways and Means. CARDOZA, Mr. MCNERNEY, and Mr. WAMP, Mr. HENSARLING, Mr. WILSON By Mr. LATOURETTE (for himself and RADANOVICH): of South Carolina, Mr. BROWN of Mr. AL GREEN of Texas): H.R. 372. A bill to authorize implementa- South Carolina, Mr. POSEY, Mr. H.R. 387. A bill to amend the Federal De- tion of the San Joaquin River Restoration BROUN of Georgia, Mr. DANIEL E. posit Insurance Act to require each insured Settlement, and for other purposes; to the LUNGREN of California, Mr. GINGREY depository institution which receives an in- Committee on Natural Resources. of Georgia, Mr. OLSON, Mr. vestment or other assistance under the Trou- By Mr. FLAKE: CULBERSON, Mr. BARTLETT, Mr. BUR- bled Assets Relief Program to include in the H.R. 373. A bill to amend the Immigration TON of Indiana, Mr. KLINE of Min- quarterly call report the amount of any in- and Nationality Act to render inadmissible nesota, Mr. AKIN, Mr. GARRETT of crease in new lending that is attributable to and deportable certain aliens convicted of New Jersey, Mr. WESTMORELAND, Mr. such investment or assistance, and for other drunk driving, and for other purposes; to the GOHMERT, Mr. PAUL, Mrs. BACHMANN, purposes; to the Committee on Financial Committee on the Judiciary. Mrs. SCHMIDT, Mr. NEUGEBAUER, and Services. By Ms. HARMAN (for herself, Mr. CON- Mr. MCHUGH): By Ms. BALDWIN (for herself, Ms. YERS, Ms. ESHOO, and Mr. NADLER of H.R. 379. A bill to amend the Internal Rev- GINNY BROWN-WAITE of Florida, Mr. New York): enue Code of 1986 to ensure that all tax- OBERSTAR, Mr. KIND, and Mr. H.R. 374. A bill to require the closure of the payers have the ability to deduct State and GRIJALVA): detention facility at Guatanamo Bay, Cuba, local general sales taxes; to the Committee H.R. 388. A bill to assist in the conserva- to limit the use of certain interrogation on Ways and Means. tion of cranes by supporting and providing, techniques, to prohibit interrogation by con- By Ms. JACKSON-LEE of Texas: through projects of persons and organiza- tractors, to require notification of the Inter- H.R. 380. A bill to provide for the establish- tions with expertise in crane conservation, national Committee of the Red Cross of de- ment of a task force within the Bureau of financial resources for the conservation pro- tainees, and for other purposes; to the Com- Justice Statistics to gather information grams of countries the activities of which di- mittee on Armed Services, and in addition to about, study, and report to the Congress re- rectly or indirectly affect cranes and the

VerDate Nov 24 2008 04:22 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\L09JA7.100 H09JAPT1 rfrederick on PROD1PC67 with HOUSE H160 CONGRESSIONAL RECORD — HOUSE January 9, 2009 ecosystems of cranes; to the Committee on mittee on Oversight and Government Re- By Mr. HELLER: Natural Resources. form, for a period to be subsequently deter- H.R. 405. A bill to authorize appropriations By Ms. BALDWIN (for herself, Mrs. mined by the Speaker, in each case for con- for the Bureau of Reclamation to carry out MALONEY, Mr. FRANK of Massachu- sideration of such provisions as fall within the Lower Colorado River Multi-Species Con- setts, Mrs. CAPPS, Ms. MOORE of Wis- the jurisdiction of the committee concerned. servation Program in the States of Arizona, consin, Mr. KUCINICH, Mr. HASTINGS By Mr. COHEN (for himself, Mr. California, and Nevada, and for other pur- of Florida, Mr. LEWIS of Georgia, Mr. WEXLER, and Mr. GALLEGLY): poses; to the Committee on Natural Re- KILDEE, and Mr. COHEN): H.R. 396. A bill to amend the Internal Rev- sources. H.R. 389. A bill to amend the Family and enue Code of 1986 to provide that certain net By Mr. BACA (for himself, Mr. Medical Leave Act of 1993 to eliminate an capital gain of individuals who have attained MCDERMOTT, Mrs. MALONEY, Mr. hours of service requirement for benefits age 65 shall not be subject to tax; to the GRIJALVA, Mr. BOSWELL, Mr. GUTIER- under that Act; to the Committee on Edu- Committee on Ways and Means. REZ, Mr. GONZALEZ, Ms. BERKLEY, Ms. cation and Labor, and in addition to the By Mr. COURTNEY (for himself and BORDALLO, Ms. MOORE of Wisconsin, Committees on Oversight and Government Mr. NEAL of Massachusetts): Mr. MOORE of Kansas, Mr. Reform, and House Administration, for a pe- H.R. 397. A bill to extend the authorization BLUMENAUER, Mr. WEXLER, Mrs. riod to be subsequently determined by the of the Quinebaug and Shetucket Rivers Val- MCCARTHY of New York, Mr. SIRES, Speaker, in each case for consideration of ley National Heritage Corridor Act of 1994, Ms. MCCOLLUM, Ms. JACKSON-LEE of such provisions as fall within the jurisdic- and for other purposes; to the Committee on Texas, Mr. HINCHEY, Mr. OLVER, Mr. tion of the committee concerned. Natural Resources. SCOTT of Georgia, Mr. DOYLE, Mr. By Mr. BARTON of Texas (for himself, By Mr. CROWLEY (for himself, Mr. HIGGINS, Mr. DINGELL, Mrs. Mr. RUSH, and Mr. MCCAUL): KIRK, Mr. RYAN of Ohio, Mr. DENT, GILLIBRAND, Mr. KLEIN of Florida, H.R. 390. A bill to prohibit, as an unfair and Mr. SCHIFF): Mr. TOWNS, Mr. WATT, Mr. MARKEY of and deceptive act or practice, the promotion, H.R. 398. A bill to amend title XIX of the Massachusetts, Mr. CHANDLER, Mr. marketing, and advertising of any post-sea- Social Security Act to restore and protect NUNES, Mr. FRANKS of Arizona, Mr. son NCAA Division I football game as a na- access to Medicaid discount drug prices for CONAWAY, Mr. COHEN, Ms. MATSUI, tional championship game unless such game university-based and safety-net clinics; to Mrs. BONO MACK, Mrs. CHRISTENSEN, is the culmination of a fair and equitable the Committee on Energy and Commerce. Mr. PAYNE, Mr. FARR, Mr. CARTER, playoff system; to the Committee on Energy By Mr. DINGELL (for himself and Mrs. Mrs. NAPOLITANO, Mr. JONES, Mr. and Commerce. MALONEY): HASTINGS of Florida, Mr. FILNER, Ms. By Mrs. BLACKBURN (for herself, Mr. H.R. 399. A bill to direct the Secretary of EDDIE BERNICE JOHNSON of Texas, Mr. FRANKS of Arizona, Mr. BURTON of In- Labor to make a grant to a public university WOLF, Mr. CARNAHAN, Mr. HOLT, Mr. diana, Mr. BARRETT of South Caro- to establish the Center for the Study of SHERMAN, Mr. DELAHUNT, Mr. lina, Mr. NEUGEBAUER, Mr. SHIMKUS, Women and Workplace Policy; to the Com- MCCOTTER, Mr. LEVIN, Ms. LEE of Mr. TERRY, Mr. NUNES, Mr. GOHMERT, mittee on Education and Labor. California, Mr. MCGOVERN, Ms. ROY- and Mr. GINGREY of Georgia): By Mr. DINGELL (for himself, Mr. BAL-ALLARD, Ms. EDWARDS of Mary- H.R. 391. A bill to amend the Clean Air Act MARKEY of Massachusetts, Mr. BOU- land, Ms. WOOLSEY, Mr. PASTOR of to provide that greenhouse gases are not sub- CHER, Ms. ESHOO, Mr. STUPAK, Ms. Arizona, and Ms. ZOE LOFGREN of ject to the Act, and for other purposes; to HARMAN, Mr. DOYLE, Mr. GORDON of California): the Committee on Energy and Commerce. Tennessee, and Mrs. CAPPS): H.R. 406. A bill to award a congressional By Mr. BLUNT (for himself, Mr. KIRK, H.R. 400. A bill to amend the Communica- gold medal in recognition of Alice Paul’s Mr. HENSARLING, Mr. MCHENRY, Mr. tions Act of 1934 to prevent the granting of role in the women’s suffrage movement and CONAWAY, Mr. FRANKS of Arizona, Mr. regulatory forbearance by default; to the in advancing equal rights for women; to the AKIN, Mr. UPTON, Mr. SENSEN- Committee on Energy and Commerce. Committee on Financial Services. BRENNER, Mr. PETRI, Mr. JONES, Mr. By Mr. DINGELL: By Mr. HELLER: MANZULLO, Mr. MARCHANT, Mr. H.R. 401. A bill to provide for the designa- H.R. 407. A bill to provide for the release of WHITFIELD, Ms. FALLIN, Mr. KLINE of tion of certain sites in Monroe County and any reversionary interest of the United Minnesota, Mr. ROSKAM, Mr. LINDER, Wayne County, Michigan, relating to the States in and to certain lands in Reno, Ne- Mr. HERGER, Mr. COLE, and Mr. Battles of the River Raisin during the War of vada; to the Committee on Natural Re- REHBERG): 1812 as a unit of the National Park System; sources. H.R. 392. A bill to amend the Clean Air Act to the Committee on Natural Resources. By Mr. HELLER: to provide for a reduction in the number of By Mr. DUNCAN (for himself, Mrs. H.R. 408. A bill to direct the Secretary of boutique fuels, and for other purposes; to the BLACKBURN, Mr. WAMP, Mr. ROE of the Interior to convey to the City of Hender- Committee on Energy and Commerce. Tennessee, Mr. COOPER, Mr. COHEN, son, Nevada, certain Federal land located in By Mr. BRADY of Texas (for himself, Mr. TANNER, Mr. GORDON of Ten- the City, and for other purposes; to the Com- Mr. BACHUS, Mr. BARTLETT, Mr. BAR- nessee, and Mr. DAVIS of Tennessee): mittee on Natural Resources. TON of Texas, Mrs. BIGGERT, Mr. H.R. 402. A bill to designate the Depart- By Mr. HELLER: BLUNT, Mr. BURTON of Indiana, Mr. ment of Veterans Affairs Outpatient Clinic H.R. 409. A bill to provide for the convey- COLE, Mr. CONAWAY, Mr. CRENSHAW, in Knoxville, Tennessee, as the ‘‘William C. ance of certain Bureau of Land Management Mr. EDWARDS of Texas, Ms. FOXX, Mr. Tallent Department of Veterans Affairs Out- land in the State of Nevada to the Las Vegas GARRETT of New Jersey, Mr. patient Clinic‘‘; to the Committee on Vet- Motor Speedway, and for other purposes; to GOHMERT, Mr. HENSARLING, Mr. erans’ Affairs. the Committee on Natural Resources. HERGER, Mr. HOEKSTRA, Mr. SAM By Mr. AL GREEN of Texas (for him- By Ms. HIRONO (for herself and Mr. JOHNSON of Texas, Mr. KINGSTON, Mr. self and Mr. MICHAUD): ABERCROMBIE): MARCHANT, Mr. MCHENRY, Mrs. H.R. 403. A bill to provide housing assist- H.R. 410. A bill to provide for the establish- MYRICK, Mr. NEUGEBAUER, Mr. PENCE, ance for very low-income veterans; to the ment of a memorial within Kalaupapa Na- Mr. SENSENBRENNER, Mr. SESSIONS, Committee on Financial Services, and in ad- tional Historical Park located on the island Mr. TERRY, and Mr. WESTMORELAND): dition to the Committee on Ways and Means, of Molokai, in the State of Hawaii, to honor H.R. 393. A bill to provide for the periodic for a period to be subsequently determined and perpetuate the memory of those individ- review of the efficiency and public need for by the Speaker, in each case for consider- uals who were forcibly relocated to the Federal agencies, to establish a Commission ation of such provisions as fall within the ju- Kalaupapa Peninsula from 1866 to 1969, and for the purpose of reviewing the efficiency risdiction of the committee concerned. for other purposes; to the Committee on Nat- and public need of such agencies, and to pro- By Mr. GRIJALVA (for himself, Mr. ural Resources. vide for the abolishment of agencies for MORAN of Virginia, Mrs. BONO MACK, By Mr. INSLEE (for himself, Mr. TAN- which a public need does not exist; to the Mr. HINCHEY, Mr. INSLEE, Mrs. NER, Mr. ROGERS of Kentucky, Mr. Committee on Oversight and Government MALONEY, Mr. PALLONE, Mrs. CAPPS, ROYCE, Ms. BORDALLO, and Mr. Reform. Mr. WAXMAN, Mr. BLUMENAUER, Mr. MCHUGH): By Mr. BROWN of South Carolina: FARR, Ms. BALDWIN, Mr. GEORGE MIL- H.R. 411. A bill to assist in the conserva- H.R. 394. A bill to amend title 38, United LER of California, Mr. PASTOR of Ari- tion of rare felids and rare canids by sup- States Code, to authorize the Secretary of zona, Ms. LEE of California, Ms. porting and providing financial resources for Veterans Affairs to increase the amount of BORDALLO, Ms. SUTTON, Mr. HOLT, the conservation programs of nations within the Medal of Honor special pension provided Mr. SCHIFF, Mr. SARBANES, Mr. the range of rare felid and rare canid popu- under that title by up to $1,000; to the Com- REICHERT, Mr. BERMAN, Mr. PRICE of lations and projects of persons with dem- mittee on Veterans’ Affairs. North Carolina, and Mr. GORDON of onstrated expertise in the conservation of By Mr. BURTON of Indiana: Tennessee): rare felid and rare canid populations; to the H.R. 395. A bill to prevent Members of Con- H.R. 404. A bill to establish the National Committee on Natural Resources. gress from receiving any automatic pay ad- Landscape Conservation System, and for By Mr. ISRAEL: justment in 2010; to the Committee on House other purposes; to the Committee on Natural H.R. 412. A bill to amend the Internal Rev- Administration, and in addition to the Com- Resources. enue Code of 1986 to allow the deduction for

VerDate Nov 24 2008 03:30 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\L09JA7.100 H09JAPT1 rfrederick on PROD1PC67 with HOUSE January 9, 2009 CONGRESSIONAL RECORD — HOUSE H161 property taxes in determining the amount of By Mr. MEEK of Florida: By Mr. POE of Texas: the alternative minimum taxable income of H.R. 421. A bill to amend the Emergency H.R. 432. A bill to amend the Internal Rev- any taxpayer (other than a corporation); to Economic Stabilization Act of 2008 to re- enue Code of 1986 to allow parents of mur- the Committee on Ways and Means. strict which assets banks can write off as dered children to continue to claim the de- By Mr. KILDEE (for himself and Mr. loss for purposes of the Troubled Assets Re- duction for the personal exemption with re- DUNCAN): lief Program, and for other purposes; to the spect to such child; to the Committee on H.R. 413. A bill to provide collective bar- Committee on Financial Services. Ways and Means. gaining rights for public safety officers em- By Mr. MEEK of Florida (for himself By Mr. POE of Texas (for himself, Ms. ployed by States or their political subdivi- and Mr. BRADY of Texas): BORDALLO, Mr. LAMBORN, Mrs. sions; to the Committee on Education and H.R. 422. A bill to amend the Internal Rev- GILLIBRAND, Ms. ROS-LEHTINEN, Mr. Labor. enue Code of 1986 to extend the research MCCOTTER, Mr. LINCOLN DIAZ-BALART By Mr. KING of New York: credit through 2010 and to increase and make of Florida, and Mr. PITTS): H.R. 414. A bill to require mobile phones permanent the alternative simplified re- H.R. 433. A bill to amend the Internal Rev- containing digital cameras to make a sound search credit; to the Committee on Ways and enue Code of 1986 to allow employers a credit when a photograph is taken; to the Com- Means. against income tax equal to 50 percent of the mittee on Energy and Commerce. By Mr. MICA: compensation paid to employees while they By Mr. KING of New York: H.R. 423. A bill to provide compensation for are performing active duty service as mem- H.R. 415. A bill to provide Capitol-flown certain World War II veterans who survived bers of the Ready Reserve or the National flags to the immediate family of fire fight- the Bataan Death March and were held as Guard and of the compensation paid to tem- ers, law enforcement officers, emergency prisoners of war by the Japanese; to the porary replacement employees; to the Com- medical technicians, and other rescue work- Committee on Armed Services. mittee on Ways and Means. ers who are killed in the line of duty; to the By Mr. TIM MURPHY of Pennsylvania: By Mr. POE of Texas: Committee on House Administration. H.R. 424. A bill to amend the Internal Rev- H.R. 434. A bill to amend title 5, United By Ms. LEE of California (for herself, enue Code of 1986 to extend the temporary States Code, to permit access to databases Mr. TOWNS, Mr. HONDA, Mr. RANGEL, waiver of the required minimum distribution maintained by the Federal Emergency Man- Mr. ENGEL, Mr. LEWIS of Georgia, Ms. rules for certain retirement plans and ac- agement Agency for purposes of complying BORDALLO, Mrs. CHRISTENSEN, Ms. counts for an additional year; to the Com- with sex offender registry and notification EDDIE BERNICE JOHNSON of Texas, Mr. mittee on Ways and Means. laws, and for other purposes; to the Com- PAYNE, Mr. FATTAH, Mr. JOHNSON of By Mr. NEAL of Massachusetts (for mittee on Oversight and Government Re- Georgia, Ms. CORRINE BROWN of Flor- himself and Mr. RYAN of Wisconsin): form, and in addition to the Committee on ida, and Ms. JACKSON-LEE of Texas): H.R. 425. A bill to amend the Internal Rev- Transportation and Infrastructure, for a pe- H.R. 416. A bill to authorize the establish- enue Code of 1986 to prevent the alternative riod to be subsequently determined by the ment of educational exchange and develop- minimum tax from effectively repealing the Speaker, in each case for consideration of ment programs for member countries of the Federal tax exemption for interest on State such provisions as fall within the jurisdic- Caribbean Community (CARICOM); to the and local private activity bonds; to the Com- tion of the committee concerned. Committee on Foreign Affairs. mittee on Ways and Means. By Mr. POMEROY: By Ms. LEE of California (for herself, By Mr. PASCRELL (for himself, Mr. H.R. 435. A bill to amend the Internal Rev- Mr. TOWNS, Mr. ENGEL, Mr. CONYERS, HERGER, Ms. VELA´ ZQUEZ, Mr. MOORE enue Code of 1986 to provide a 5-year exten- Mr. CROWLEY, Ms. CORRINE BROWN of of Kansas, Mr. HINCHEY, Mr. sion of the credit for electricity produced from certain renewable resources; to the Florida, Mr. MEEK of Florida, Mr. CARNAHAN, Mr. PITTS, Mr. DAVIS of Committee on Ways and Means. JOHNSON of Georgia, Mrs. Alabama, and Mr. BRADY of Pennsyl- By Mr. POMEROY: CHRISTENSEN, Mr. LEWIS of Georgia, vania): H.R. 436. A bill to amend the Internal Rev- Ms. EDWARDS of Maryland, Mr. H.R. 426. A bill to amend the Internal Rev- enue Code of 1986 to repeal the new carryover HASTINGS of Florida, Mr. RANGEL, enue Code of 1986 to reduce the depreciation basis rules in order to prevent tax increases and Mr. RUSH): recovery period for certain roof systems; to and the imposition of compliance burdens on H.R. 417. A bill to provide for professional the Committee on Ways and Means. many more estates than would benefit from exchanges with Haiti, and for other purposes; By Mr. POE of Texas: to the Committee on Foreign Affairs. H.R. 427. A bill to prohibit the transfer of repeal, to retain the estate tax with a $3,500,000 exemption, and for other purposes; By Ms. LEE of California: personal information to any person or busi- to the Committee on Ways and Means. H.R. 418. A bill to confirm the jurisdiction ness outside the United States, without no- By Mr. RADANOVICH: of the Consumer Product Safety Commission tice; to the Committee on Financial Serv- H.R. 437. A bill to authorize the Secretary with respect to releasing systems on residen- ices. of the Interior, acting through the Bureau of tial window bars and to establish a consumer By Mr. POE of Texas: Reclamation to enter into a cooperative product safety standard ensuring that all H.R. 428. A bill to amend title 18, United agreement with the Madera Irrigation Dis- such bars include a quick-release mecha- States Code, to prohibit certain disclosures trict for purposes of supporting the Madera nism; to the Committee on Energy and Com- of cell phone numbers; to the Committee on Water Supply Enhancement Project; to the merce, and in addition to the Committee on the Judiciary. Committee on Natural Resources. Financial Services, for a period to be subse- By Mr. POE of Texas: By Mr. RADANOVICH: quently determined by the Speaker, in each H.R. 429. A bill to permit the televising of H.R. 438. A bill to transfer administrative case for consideration of such provisions as Supreme Court proceedings; to the Com- jurisdiction of certain Federal lands from fall within the jurisdiction of the committee mittee on the Judiciary. the Bureau of Land Management to the Bu- concerned. By Mr. POE of Texas (for himself, Mr. reau of Indian Affairs, to take such lands By Ms. MARKEY of Colorado (for her- BROWN of South Carolina, Mr. BUR- into trust for Tuolumne Band of Me-Wuk In- self and Mr. POLIS of Colorado): TON of Indiana, Mr. HALL of Texas, dians of the Tuolumne Rancheria, and for H.R. 419. A bill to designate as wilderness Mr. EDWARDS of Texas, Mr. other purposes; to the Committee on Natural certain land within the Rocky Mountain Na- MCCOTTER, Mr. SENSENBRENNER, Mr. Resources. tional Park and to adjust the boundaries of MCHENRY, Mr. LOBIONDO, Ms. FALLIN, By Mr. REHBERG: the Indian Peaks Wilderness and the Arap- Mr. CARTER, Mr. RYAN of Wisconsin, H.R. 439. A bill to amend the Public Health aho National Recreation Area of the Arap- Mr. JONES, Mr. BRADY of Pennsyl- Service Act regarding residential treatment aho National Forest in the State of Colo- vania, Mr. PUTNAM, Mr. MARCHANT, programs for pregnant and parenting women, rado; to the Committee on Natural Re- Mr. MARIO DIAZ-BALART of Florida, a program to reduce substance abuse among sources. Mr. BUCHANAN, Mr. PITTS, Mrs. MIL- nonviolent offenders, and for other purposes; By Mr. MCCAUL (for himself, Mrs. LER of Michigan, and Mr. GALLEGLY): to the Committee on Energy and Commerce. BLACKBURN, Mr. KIRK, Mr. MACK, Mr. H.R. 430. A bill to amend title 18, United By Mr. REHBERG: ALEXANDER, Mr. SESSIONS, Mr. BUR- States Code, to provide criminal penalties H.R. 440. A bill to provide small businesses TON of Indiana, Mr. HENSARLING, Mr. for the destruction of memorials, certain protections from litigation excesses; NEUGEBAUER, Mr. PITTS, Mr. FLAKE, headstones, markers, and graves commemo- to the Committee on the Judiciary. Mr. CULBERSON, Mr. DENT, Mr. rating persons serving in the Armed Forces By Mr. REHBERG: UPTON, Ms. FOXX, Mr. MCCOTTER, Mr. on private property; to the Committee on H.R. 441. A bill to grant immunity from ISSA, Mrs. BACHMANN, Mr. MATHESON, the Judiciary. civil liability to any person who voluntarily and Mr. SULLIVAN): By Mr. POE of Texas: notifies appropriate security personnel of H.R. 420. A bill to prohibit the use of Fed- H.R. 431. A bill to provide Federal assist- suspicious activity believed to threaten eral funds for a project or program named for ance to assist an eligible State to purchase transportation safety or security or takes an individual then serving as a Member, Del- and install transfer switches and generators reasonable action to mitigate such activity; egate, Resident Commissioner, or Senator of at designated emergency service stations in to the Committee on the Judiciary. the United States Congress; to the Com- hurricane zones within such State; to the By Mr. REHBERG: mittee on Oversight and Government Re- Committee on Transportation and Infra- H.R. 442. A bill to provide an amnesty pe- form. structure. riod during which veterans and their family

VerDate Nov 24 2008 03:30 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\L09JA7.100 H09JAPT1 rfrederick on PROD1PC67 with HOUSE H162 CONGRESSIONAL RECORD — HOUSE January 9, 2009 members can register certain firearms in the By Mr. TEAGUE: and local governments should be supported National Firearms Registration and Transfer H.R. 451. A bill to amend the Internal Rev- for taking actions to discourage illegal im- Record, and for other purposes; to the Com- enue Code of 1986 to provide a 2-year exten- migration and that legislation should be en- mittee on the Judiciary, and in addition to sion of the credit for electricity produced acted to ease the burden on State and local the Committee on Ways and Means, for a pe- from certain renewable resources; to the governments for taking such actions; to the riod to be subsequently determined by the Committee on Ways and Means. Committee on the Judiciary, and in addition Speaker, in each case for consideration of By Mr. TEAGUE (for himself, Ms. to the Committee on Homeland Security, for such provisions as fall within the jurisdic- FUDGE, Mr. HEINRICH, and Mr. a period to be subsequently determined by tion of the committee concerned. LUJAN): the Speaker, in each case for consideration By Mr. ROYCE: H.R. 452. A bill to amend the Internal Rev- of such provisions as fall within the jurisdic- H.R. 443. A bill to create a national com- enue Code of 1986 to make the child credit re- tion of the committee concerned. mission, modeled after the successful De- fundable for 5 years; to the Committee on By Mr. ROGERS of Alabama (for him- fense Base Closure and Realignment Com- Ways and Means. self and Mr. FRANKS of Arizona): mission, to establish a timely, independent, By Mr. WAMP (for himself and Mr. H. Res. 37. A resolution condemning Hamas and fair process for realigning or closing out- LEWIS of Georgia): for the recent attacks against Israel; to the dated, ineffective, or inefficient executive H.R. 453. A bill to direct the Secretary of Committee on Foreign Affairs. agencies; to the Committee on Oversight and the Interior to study the suitability and fea- By Mr. PENCE: Government Reform. sibility of designating Green McAdoo School H. Res. 38. A resolution electing certain minority members to certain committees; By Mr. RUSH (for himself, Mrs. EMER- in Clinton, Tennessee as a unit of the Na- considered and agreed to. SON, and Mr. STUPAK): tional Park System, and for other purposes; H.R. 444. A bill to amend section 340B of to the Committee on Natural Resources. By Mr. LIPINSKI (for himself and Mr. the Public Health Service Act to revise and By Mr. WAMP (for himself and Mr. SMITH of New Jersey): H. Res. 39. A resolution honoring the con- expand the drug discount program under SHULER): tributions of Catholic schools; to the Com- that section to improve the provision of dis- H.R. 454. A bill to amend the National mittee on Education and Labor. counts on drug purchases for certain safety Trails System Act to provide for the inclu- By Mr. TANNER (for himself and Mr. net providers; to the Committee on Energy sion of new trail segments, land components, CARDOZA): and campgrounds associated with the Trail and Commerce. H. Res. 40. A resolution amending the By Mr. SENSENBRENNER (for him- of Tears National Historic Trail, and for Rules of the House of Representatives to re- self, Mr. EHLERS, Mr. WU, Mr. other purposes; to the Committee on Natural quire each standing committee to hold peri- REICHERT, and Mr. SMITH of Texas): Resources. odic hearings on the topic of waste, fraud, H.R. 445. A bill to establish a research, de- By Mr. WELCH: abuse, or mismanagement in Government velopment, demonstration, and commercial H.R. 455. A bill to amend the Wild and Sce- programs which that committee may author- application program to promote research of nic Rivers Act to designate a segment of the ize, and for other purposes; to the Committee appropriate technologies for heavy duty Missisquoi and Trout Rivers in the State of on Rules. plug-in hybrid vehicles, and for other pur- Vermont for study for potential addition to By Mrs. DAVIS of California (for her- poses; to the Committee on Science and the National Wild and Scenic Rivers System; self, Mr. ROGERS of Michigan, Ms. Technology. to the Committee on Natural Resources. MCCOLLUM, Mr. SHERMAN, Mr. By Mr. SESSIONS (for himself, Mr. By Mr. WITTMAN: GRIJALVA, Mr. KENNEDY, Ms. H.R. 456. A bill to amend the Small Busi- MARCHANT, Mr. DREIER, Mr. MCHUGH, BORDALLO, Mr. EHLERS, Mr. HARE, ness Act to make service-disabled veterans Mr. CONAWAY, Mr. TIAHRT, Mr. Mr. HINCHEY, Mr. MOORE of Kansas, eligible under the 8(a) business development MCCAUL, and Mr. SENSENBRENNER): Mr. HONDA, Ms. EDWARDS of Mary- H.R. 446. A bill to amend the Internal Rev- program; to the Committee on Small Busi- land, Mr. VAN HOLLEN, and Mrs. enue Code of 1986 to repeal certain limita- ness. MCCARTHY of New York): tions on the expensing of section 179 prop- By Mr. WITTMAN: H. Res. 41. A resolution supporting the erty, to allow taxpayers to elect shorter re- H.R. 457. A bill to amend the Internal Rev- goals and ideals of National Mentoring covery periods for purposes of determining enue Code of 1986 to restore the obligation of Month 2009; to the Committee on Education the deduction for depreciation, and for other the Secretary of the Treasury to invest the and Labor. purposes; to the Committee on Ways and balance of the Highway Trust Fund in inter- By Ms. ROS-LEHTINEN (for herself, Means. est-bearing obligations of the United States; Mr. SMITH of New Jersey, Mr. BURTON By Mr. SESTAK: to the Committee on Ways and Means. of Indiana, Mr. ROHRABACHER, Mr. H.R. 447. A bill to amend the Omnibus By Mr. POE of Texas: ROYCE, Mr. MANZULLO, Mr. WILSON of Crime Control and Safe Streets Act of 1968 to H.J. Res. 17. A joint resolution expressing South Carolina, Mr. POE of Texas, expand the definition of firefighter to in- support for designation of the month of Oc- Mr. BILIRAKIS, and Mr. GARRETT of clude apprentices and trainees, regardless of tober 2009 as ‘‘Country Music Month’’ and to New Jersey): age or duty limitations; to the Committee on honor country music for its long history of H. Res. 42. A resolution calling on the the Judiciary. supporting America’s armed forces and its President and the Secretary of State to By Mr. SESTAK (for himself, Mr. CON- tremendous impact on national patriotism; withhold United States funding for and par- YERS, Mr. SCOTT of Virginia, and Mr. to the Committee on Education and Labor. ticipation in the Durban Review Conference KING of New York): By Ms. ROS-LEHTINEN (for herself, and its preparatory activities, and for other H.R. 448. A bill to protect seniors in the Mr. ROYCE, Mr. BURTON of Indiana, purposes; to the Committee on Foreign Af- United States from elder abuse by estab- Mr. ROHRABACHER, Mr. MANZULLO, fairs. lishing specialized elder abuse prosecution and Mr. SMITH of New Jersey): By Mr. PLATTS (for himself, Ms. MAT- and research programs and activities to aid H. Con. Res. 16. Concurrent resolution rec- SUI, and Mr. PRICE of North Caro- victims of elder abuse, to provide training to ognizing the threat that the spread of radical lina): prosecutors and other law enforcement re- Islamist terrorism and Iranian adventurism H. Res. 43. A resolution recognizing the ef- lated to elder abuse prevention and protec- in Africa poses to the United States, our al- forts of those who serve their communities tion, to establish programs that provide for lies, and interests; to the Committee on For- on Martin Luther King Day and promoting emergency crisis response teams to combat eign Affairs. the holiday as a day of national service; to elder abuse, and for other purposes; to the By Ms. LEE of California (for herself, the Committee on Education and Labor. Committee on the Judiciary. Mr. LEWIS of Georgia, Mr. PAYNE, By Mr. POE of Texas (for himself, Mr. By Mr. SESTAK: Mrs. CHRISTENSEN, and Mr. RUSH): ROHRABACHER, Mr. BURTON of Indi- H.R. 449. A bill to amend title 38, United H. Con. Res. 17. Concurrent resolution ex- ana, Ms. ROS-LEHTINEN, Mr. States Code, to expand the availability of pressing the sense of Congress with regard to MCCOTTER, Mr. SMITH of New Jersey, health care provided by the Secretary of Vet- providing humanitarian assistance to coun- Mr. WILSON of South Carolina, Mr. erans Affairs by adjusting the income level tries of the Caribbean devastated by Hurri- WOLF, Ms. FALLIN, and Mr. for certain priority veterans; to the Com- canes Gustav and Ike and Tropical Storms MCHENRY): mittee on Veterans’ Affairs. Fay and Hanna; to the Committee on For- H. Res. 44. A resolution condemning the By Mr. SHADEGG: eign Affairs. People’s Republic of China for its socially H.R. 450. A bill to require Congress to By Mr. LINDER: unacceptable business practices, including specify the source of authority under the H. Con. Res. 18. Concurrent resolution ex- the manufacturing and exportation of unsafe United States Constitution for the enact- pressing the sense of Congress that the products, casual disregard for the environ- ment of laws, and for other purposes; to the United States should resume normal diplo- ment, and exploitative employment prac- Committee on the Judiciary, and in addition matic relations with Taiwan, and for other tices; to the Committee on Foreign Affairs. to the Committee on Rules, for a period to be purposes; to the Committee on Foreign Af- By Mr. POE of Texas (for himself, Mr. subsequently determined by the Speaker, in fairs. COSTA, Mr. HOLDEN, Ms. MATSUI, and each case for consideration of such provi- By Mr. POE of Texas: Mr. MARCHANT): sions as fall within the jurisdiction of the H. Con. Res. 19. Concurrent resolution ex- H. Res. 45. A resolution raising awareness committee concerned. pressing the sense of the Congress that State and promoting education on the criminal

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justice system by establishing March as ‘‘Na- H.R. 21: Ms. LEE of California, Mr. GRIJALVA, Mr. ACKERMAN, Mrs. CAPPS, Ms. tional Criminal Justice Month‘‘; to the Com- FALEOMAVAEGA, Mr. HINCHEY, Mr. BERMAN, LORETTA SANCHEZ of California, Mr. MORAN mittee on the Judiciary. Mr. BLUMENAUER, Mr. THOMPSON of Cali- of Virginia, Ms. MCCOLLUM, Mr. WEXLER, Ms. By Mr. POE of Texas (for himself, Mr. fornia, Ms. HIRONO, Mrs. CAPPS, Mr. WEXLER, SUTTON, Mr. STARK, Mr. CROWLEY, Ms. COSTA, Ms. EDWARDS of Maryland, Mr. SIRES, Mr. MOORE of Kansas, Mr. WAX- MOORE of Wisconsin, Ms. SCHAKOWSKY, Mr. Mrs. MALONEY, Mr. MOORE of Kansas, MAN, Mr. KENNEDY, Ms. ESHOO, Ms. MICHAUD, Ms. TSONGAS, Ms. DELAURO, Mr. Ms. ROYBAL-ALLARD, Ms. MATSUI, and BORDALLO, Mr. ABERCROMBIE, Mr. GEORGE HONDA, Mr. BISHOP of Georgia, and Ms. BALD- Mr. MARCHANT): MILLER of California, and Mr. FILNER. WIN. H. Res. 46. A resolution raising awareness H.R. 25: Mr. ISSA and Mr. MICA. H. Res. 34: Mr. WEXLER, Mr. BLUNT, Mr. and encouraging prevention of stalking by H.R. 30: Mr. UPTON, Mr. PITTS, and Mr. LOBIONDO, Mr. MANZULLO, Mrs. MILLER of establishing January 2009 as ‘‘National KING of New York. Michigan, Mr. POE of Texas, Mr. ROHR- Stalking Awareness Month‘‘; to the Com- H.R. 31: Ms. MATSUI, Mr. ADERHOLT, Mr. ABACHER, Mr. MACK, Ms. HARMAN, Mr. ROYCE, mittee on the Judiciary. LYNCH, Mr. NEAL of Massachusetts, Mr. Mr. BILIRAKIS, Mr. KIRK, Mr. SCHOCK, Mr. By Mr. POE of Texas (for himself, Mr. KUCINICH, Ms. WATERS, Mr. DAVIS of Illinois, RYAN of Wisconsin, Mr. ROGERS of Alabama, COSTA, Mr. COURTNEY, Mr. REYES, Mr. Mr. JOHNSON of Georgia, Mr. WALZ, Mr. WIL- Mr. SHERMAN, Mr. CUELLAR, Mr. PATRICK BURTON of Indiana, Mr. HOLDEN, Mr. SON of Ohio, Ms. JACKSON-LEE of Texas, Mr. MURPHY of Pennsylvania, Mr. GENE GREEN of LOBIONDO, Mr. MCHENRY, Mr. LATTA, KANJORSKI, Mrs. BIGGERT, Mr. SCOTT of Geor- Texas, Mr. SCOTT of Georgia, Mr. WEINER, Mr. MACK, Ms. LORETTA SANCHEZ of gia, Mr. LEWIS of Georgia, and Mr. BISHOP of Mr. DAVIS of Alabama, Mr. HALL of New California, Ms. BORDALLO, Mr. WAL- Georgia. York, Mrs. MCCARTHY of New York, Ms. DEN, and Mr. GALLEGLY): H.R. 80: Mr. MORAN of Virginia, Mr. BROWN BERKLEY, Mr. CARNEY, Mr. CARNAHAN, Ms. H. Res. 47. A resolution supporting the of South Carolina, and Mr. FARR. SUTTON, Mr. COSTA, Mr. MAFFEI, Mr. MILLER goals and ideals of Peace Officers Memorial H.R. 124: Mrs. MYRICK and Mrs. BLACKBURN. of North Carolina, Mrs. MALONEY, Mr. HIG- Day; to the Committee on Oversight and H.R. 138: Mrs. MYRICK and Mrs. BLACKBURN. GINS, Mr. MARKEY of Massachusetts, Mr. Government Reform. H.R. 143: Mr. DUNCAN. ROTHMAN of New Jersey, Mr. CONNOLLY of By Mr. REHBERG: H.R. 144: Ms. MOORE of Wisconsin, Mr. Virginia, Mr. CROWLEY, Mr. ELLSWORTH, Mr. H. Res. 48. A resolution amending the CONNOLLY of Virginia, Mr. CROWLEY, Mr. MCMAHON, Mr. PETERS, Mr. SKELTON, Mr. Rules of the House of Representatives to es- TOWNS, Mr. BISHOP of Georgia, Ms. LEE of GALLEGLY, Mr. PRICE of Georgia, Mr. SES- tablish the Committee on Indian Affairs; to California, Ms. EDDIE BERNICE JOHNSON of SIONS, Mr. JACKSON of Illinois, Mr. KLEIN of the Committee on Rules. Texas, Mr. MCGOVERN, and Ms. CLARKE. Florida, Ms. BEAN, Mr. SCHIFF, Mr. TURNER, By Ms. WATSON (for herself, Mrs. H.R. 156: Mr. TAYLOR, Mr. MARSHALL, Mr. Mr. ENGEL, Mrs. LOWEY, Mr. ADLER of New DAVIS of California, Ms. LEE of Cali- GRAVES, Mr. TERRY, Mr. KILDEE, Mr. JOHN- Jersey, Mr. ALEXANDER, Mrs. TAUSCHER, Mr. fornia, Ms. ZOE LOFGREN of Cali- SON of Illinois, Mr. FORBES, and Mr. FLAKE. GARRETT of New Jersey, Mr. REICHERT, Mr. fornia, Ms. WOOLSEY, Mr. FARR, Ms. H.R. 159: Mr. MOORE of Kansas, Mr. TIBERI, GRAYSON, Mr. LIPINSKI, Mr. SCALISE, Ms. MATSUI, Mrs. CAPPS, Mr. FILNER, Ms. Mr. HOEKSTRA, and Mr. DOYLE. JACKSON-LEE of Texas, Mr. HODES, Mr. SOLIS of California, Ms. ROYBAL-AL- H.R. 173: Mr. RODRIGUEZ, Mr. SIMPSON, Mr. FLAKE, Mr. SHADEGG, Mr. HASTINGS of Flor- LARD, Mr. COSTA, Mr. SCHIFF, Mr. DONNELLY of Indiana, and Mr. CHILDERS. ida, Mr. WAXMAN, Mr. POLIS of Colorado, Mr. GEORGE MILLER of California, Ms. H.R. 174: Ms. JACKSON-LEE of Texas, Ms. SPACE, Ms. WASSERMAN SCHULTZ, Mr. DAVIS SPEIER, Ms. WATERS, and Mr. DEGETTE, and Mr. HARE. of Kentucky, Mr. CAO, Mr. SARBANES, Mr. CARDOZA): H.R. 176: Mr. HINCHEY. ISRAEL, Mr. AL GREEN of Texas, Mr. MCCAUL, H. Res. 49. A resolution honoring Karen H.R. 186: Mr. KING of New York and Ms. Mr. MITCHELL, Mr. BOCCIERI, Mr. TOWNS, Ms. Bass for becoming the first African-Amer- ROS-LEHTINEN. SCHWARTZ, Mr. HIMES, Mr. WILSON of South ican woman elected Speaker of the Cali- H.R. 213: Mr. LAMBORN, Mr. PITTS, Mr. Carolina, Mrs. KIRKPATRICK of Arizona, Mr. fornia State Assembly; to the Committee on EHLERS, Mr. GERLACH, Mr. SHIMKUS, Ms. WILSON of Ohio, Mr. KRATOVIL, Mr. CAMP- Oversight and Government Reform. BORDALLO, and Mr. PATRICK MURPHY of BELL, Mr. DRIEHAUS, Mr. GOODLATTE, Mr. f Pennsylvania. KAGEN, Mr. SHUSTER, Ms. FOXX, Mrs. H.R. 225: Ms. SCHAKOWSKY, Mr. MORAN of GILLIBRAND, Mr. MCCLINTOCK, Ms. PRIVATE BILLS AND Virginia, Mr. CUMMINGS, and Ms. SUTTON. HALVORSON, Ms. GIFFORDS, Mr. KING of Iowa, RESOLUTIONS H.R. 227: Mr. SCALISE, Mr. THOMPSON of Mr. BROWN of South Carolina, Mr. LINDER, Under clause 3 of rule XII, private Pennsylvania, Mr. MARCHANT, and Mr. Mr. MCCOTTER, Mr. LAMBORN, Mr. SIRES, Mr. GOHMERT. LATHAM, Mr. BOOZMAN, Mr. SMITH of New bills and resolutions of the following H.R. 230: Ms. GIFFORDS, Mr. COSTA, Mr. Jersey, Mr. GRAVES, Mr. COSTELLO, and Mr. titles were introduced and severally re- HINCHEY, and Mr. FILNER. AUSTRIA. ferred, as follows: H.R. 235: Ms. EDWARDS of Maryland, Mr. H. Res. 36: Mr. BERMAN. By Mr. PASTOR of Arizona: DELAHUNT, Mr. ALTMIRE, Mr. COURTNEY, Mr. H.R. 458. A bill for the relief of Alejandro KIRK, Mr. GOHMERT, and Mr. MCHUGH. f E. Gonzales; to the Committee on the Judici- H.R. 240: Mr. GRAVES, Mr. SIMPSON, Mr. ary. SESSIONS, Mr. MILLER of Florida, Mrs. PETITIONS, ETC. By Mr. PASTOR of Arizona: BACHMANN, Mr. MCCLINTOCK, Mrs. CAPITO, Under clause 3 of rule XII, petitions Mr. WILSON of South Carolina, Mr. BURTON of H.R. 459. A bill for the relief of Alfredo Ra- and papers were laid on the Clerk’s mirez Vasquez; to the Committee on the Ju- Indiana, and Mr. MANZULLO. diciary. H.R. 286: Ms. SUTTON. desk and referred as follows: H.R. 331: Ms. NORTON. 3. The SPEAKER presented a petition of f H.R. 333: Mr. REYES, Mr. MASSA, and Ms. City Council of Brook Park, Ohio, relative to ADDITIONAL SPONSORS BORDALLO. Resolution No. 35-2008, urging the Federal Under clause 7 of rule XII, sponsors H.R. 347: Mr. PASTOR of Arizona, Mr. Government to provide assistance to the COSTA, and Mr. THOMPSON of California. automobile industry; to the Committee on were added to public bills and resolu- H.J. Res. 3: Mr. LINDER and Mr. LATHAM. Financial Services. tions as follows: H. Res. 18: Ms. CORRINE BROWN of Florida, 4. Also, a petition of City of Atlanta, Office H.R. 11: Mr. BARROW and Mr. GUTIERREZ. Mr. MASSA, and Mr. KUCINICH. of Municipal Clerk, GA, relative to Resolu- H.R. 12: Mr. BARROW and Mr. GUTIERREZ. H. Res. 19: Mr. JOHNSON of Illinois. tion 08-R-2320, urging the Federal Govern- H.R. 13: Ms. ROS-LEHTINEN. H. Res. 20: Mr. BOOZMAN and Ms. ROS- ment to establish an Urban Infrastructure H.R. 16: Ms. GRANGER. LEHTINEN. Renewal and Development Initiative; to the H.R. 20: Ms. EDWARDS of Maryland, Mr. H. Res. 22: Ms. SLAUGHTER, Ms. MATSUI, Committee on Transportation and Infra- CARNAHAN, and Mr. MURPHY of Connecticut. Mr. ROTHMAN of New Jersey, Mr. PAYNE, Mr. structure.

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Vol. 155 WASHINGTON, FRIDAY, JANUARY 9, 2009 No. 4 Senate The Senate met at 10 a.m. and was Mr. WHITEHOUSE thereupon as- Mr. REID. I suggest the absence of a called to order by the Honorable SHEL- sumed the chair as Acting President quorum. DON WHITEHOUSE, a Senator from the pro tempore. The ACTING PRESIDENT pro tem- State of Rhode Island. f pore. The clerk will call the roll. The assistant legislative clerk pro- PRAYER RECOGNITION OF THE MAJORITY ceeded to call the roll. The Chaplain, Dr. Barry C. Black, of- LEADER Mr. REID. Mr. President, I ask unan- fered the following prayer: The ACTING PRESIDENT pro tem- imous consent that the order for the Let us pray. pore. The majority leader is recog- quorum call be rescinded. Almighty God, who has made and nized. The ACTING PRESIDENT pro tem- pore. Without objection, it is so or- preserved us as a nation, guide our law- f makers through this day by Your high- dered. er wisdom. Take from them all that SCHEDULE f stains their lives or keeps them from Mr. REID. Mr. President, following DESIGNATING CERTAIN LAND intimacy with You. Lead them to a the remarks, if there be any, from the COMPONENTS OF THE NATIONAL fresh dedication to serve and to choose leaders, there will be a period of morn- WILDERNESS PRESERVATION the harder right. In the living of their ing business, with Senators allowed to SYSTEM—MOTION TO PROCEED days, may faith replace fear, truth con- speak for up to 10 minutes each. Mr. REID. Mr. President, I will now quer falsehood, justice triumph over f greed, love prevail over hate, and peace ask that we move to S. 22, order No. 13. abide with all humanity. MEASURES PLACED ON THE I move we proceed to S. 22. We pray in the Redeemer’s Name. CALENDAR—S. 181 AND S. 182 The ACTING PRESIDENT pro tem- Amen. pore. The motion is pending. Mr. REID. Mr. President, it is my un- Mr. REID. Mr. President, I suggest f derstanding there are two bills at the the absence of a quorum. desk due for a second reading. PLEDGE OF ALLEGIANCE The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- pore. The clerk will call the roll. The Honorable SHELDON WHITEHOUSE pore. The clerk will report the bills by led the Pledge of Allegiance, as follows: The legislative clerk proceeded to title. call the roll. I pledge allegiance to the Flag of the The legislative clerk read as follows: Mr. DORGAN. I ask unanimous con- United States of America, and to the Repub- A bill (S. 181) to amend title VII of the lic for which it stands, one nation under God, sent that the order for the quorum call Civil Rights Act of 1964 and the Age Dis- be rescinded. indivisible, with liberty and justice for all. crimination in Employment Act of 1967, and The ACTING PRESIDENT pro tem- f to modify the operation of the Americans with Disabilities Act of 1990 and the Reha- pore. Without objection, it is so or- APPOINTMENT OF ACTING bilitation Act of 1973, to clarify that a dis- dered. PRESIDENT PRO TEMPORE criminatory compensation decision or other Mr. DORGAN. I ask unanimous con- The PRESIDING OFFICER. The practice that is unlawful under such Acts oc- sent to speak in morning business for clerk will please read a communication curs each time compensation is paid pursu- up to 40 minutes. to the Senate from the President pro ant to the discriminatory compensation de- The ACTING PRESIDENT pro tem- cision or other practice, and for other pur- tempore (Mr. BYRD). pore. Without objection, it is so or- poses. dered. The legislative clerk read the fol- A bill (S. 182) to amend the Fair Labor lowing letter: Standards Act of 1938 to provide more effec- ECONOMIC STIMULUS U.S. SENATE, tive remedies to victims of discrimination in Mr. DORGAN. Mr. President, we have PRESIDENT PRO TEMPORE, the payment of wages on the basis of sex, and learned this morning that the unem- Washington, DC, January 9, 2009. for other purposes. ployment rate has gone to 7.2 percent. To the Senate: Mr. REID. Mr. President, I object to Percentages don’t mean much to a Under the provisions of rule I, paragraph 3, any further proceedings with respect to household in which one spouse comes of the Standing Rules of the Senate, I hereby these bills en bloc. home and says: Honey, I lost my job. appoint the Honorable SHELDON WHITEHOUSE, a Senator from the State of Rhode Island, to The ACTING PRESIDENT pro tem- We have seen now more than 2.5 mil- perform the duties of the Chair. pore. Objection is heard. lion people lose their jobs in the last 12 ROBERT C. BYRD, The bills will be placed on the cal- months. We face a very severe and deep President pro tempore. endar. financial crisis. There is no question

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

S239

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VerDate Nov 24 2008 01:06 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JA6.000 S09JAPT1 jbell on PROD1PC69 with SENATE S240 CONGRESSIONAL RECORD — SENATE January 9, 2009 about that. There has not been a de- of all of the rest of this fits and is no then give it out in executive bonuses. bate in the Senate about whether there different than the Ponzi scheme of Mr. In fact, we now have a report from De- is a problem. This is probably the first Madoff. It was brokers, mortgage bank- cember of last year on the Troubled area of agreement. There is a big prob- ers, investment banks and hedge funds. Asset Relief Program by the GAO. It lem with this economy. It was collateralized debt. It was says: The question is, What do we do about securitized instruments. It was exotic The standard agreement between Treasury it? What can give people confidence structured financial instruments cre- and the participating institutions does not that we can pull this economy out of ated for one purpose: to give everybody require that these institutions either track the ditch and try to provide for growth a lot of money as they all wallowed in or report how they plan to use or do use this and opportunity and expansion once the creek. So the fact is, we have to fix money. again? it. Isn’t that unbelievable? We gave all It is interesting. I read in the news- Everybody is talking about jump- this money to the biggest banks, and paper yesterday that the New York starting economy, putting people back there is no requirement that they Yankees offered a pitcher $22 million a to work. I am all in favor of doing that, track or report on how they plan to use year to pitch for the next 8 years. So but I want to make certain we rewire or do use the money? Then when a not all of the economy is in deep trou- this system. I want to talk a little number of them were asked what they ble, apparently. There is at least one about what needs to be done. did with the money by the GAO, many baseball team and one pitcher smiling Let me say also that people who cre- executives of those companies said: today. But even as we read those kinds ated this wreck, the people who steered Well, money is fungible. They don’t in- of stories, many American families are this country into the ditch, are not tend to track or report what they did worried about losing their jobs and going to be the ones who show up with with that capital. their homes, concerned about what the an ambulance. They will not be the That is unbelievable to me. This is future holds. I wanted to talk about ones we will turn to for advice on how apparently some sort of no-account- that today. to fix it. That is just a fact. My great ability Government. There is nothing I All of us understand the economic worry is we have already authorized am aware of, of course, in the U.S. Con- engine of America has stalled. All of us $700 billion for the Treasury Depart- stitution that decides this is the way understand the mechanics of starting ment’s Troubled Asset Relief Program. that representative Government ought an engine. If the engine of the ship of Isn’t it interesting that the title of to perform. state is stalled, I am all for hooking up that program has nothing to do with But when the Treasury Secretary jumper cables and trying to start it. what is happening? I didn’t vote for it came to the Congress, along with the That is the discussion we had in our because I didn’t think those who re- Chairman of the Federal Serve Board— caucus for 2 hours yesterday—about quested it had the foggiest idea what talk about secrecy, by the way, that is what kind of emergency actions can they were going to do with it. The re- another institution that has another jump-start the economy, what kind of quest came from the Secretary of the story attached to it—but they came to jumper cables or hand crank or what- Treasury saying: I need $700 billion in the Congress—the two of them; the ever effort one wants to make will help emergency money, and I need it in 3 head of the Fed and the Treasury Sec- get the economy up and running again. days. Here is a three-page bill to do it. retary—and here are the kinds of The point I made yesterday was, that That made no sense. He wanted to re- things we heard from them: We need is important to do, and I support it. lieve financial institutions of troubled oversight. We need protection. We need But we ought to focus like a laser if we assets. transparency. I want it. We all want it. are going to spend money we don’t Why did they have all these troubled Well, the administration the Treas- have to put together an emergency assets? Because they were greedy and ury Secretary works for—after he told plan for some sort of economic recov- dumb, buying things that now in retro- us that—has failed. This is a Wash- ery. That means we are going to bor- spect had very little value and very big ington Post report: The administration row money. If we are going to borrow risk. So we ended up with the biggest has failed to establish sufficient over- money at a time of escalating substan- financial institutions in the country sight over its $700 billion program and tial Federal deficits, I want every sin- having massive amounts of assets on must move rapidly to guarantee that gle penny to go toward creating a job their balance sheets that have lost banks are complying with the limits on that will put somebody back on the value. conflict of interest, lavish executive payroll and give their family hope for So the Treasury Secretary said: Give compensation. So they say, yes, we the future. me $700 billion of taxpayer money so I agree. Give us the money. There will be This is all about building confidence. can go buy those bad assets and relieve oversight. And we discover: Well, there But even as we do that, if we ignore the those poor companies of these failed is no oversight at all. fundamental requirement to rewire assets. So the Congress voted for $700 The Federal Reserve Board, they are this engine, then we have missed the billion, $350 billion of which was made refusing to identify the recipients of boat. By rewiring, I mean this financial available right away. almost $2 trillion of assistance backed system has collapsed. The biggest The Treasury Secretary then decided: emergency loans from American tax- names in finance have collapsed. They I really don’t want to do that at all. I payers. They refuse to identify the have been the recipient of hundreds of don’t want to buy troubled assets, de- troubled assets they are accepting as billions of dollars of Federal help. We spite the fact that is in the name of the collateral. The Federal Reserve opened have to rewire the whole thing. If we program. What I would like to do is it window for the first time in history don’t rewire that system and make provide capital for big banking institu- to noninsured banks. They have all basic fundamental reforms, we will not tions so they can expand lending be- kinds of programs now to move money restore confidence in the American cause that is the circulatory system of out. I understand there is an urgency people about the financial system our economy. We need to expand lend- here, but I do not understand why the going forward. That means account- ing. American taxpayers are told: By the ability looking back and account- So a rather substantial amount of way, you are the guarantor of a lot of ability looking ahead. money was given to the biggest finan- these debts, you are going to pick up It means making certain we end what cial institutions, $125 billion in one the pieces, and you are going to pay for we have seen created in recent years— tranche to nine of the big financial in- it, but we are not going to tell you a house of cards. I have the house on stitutions. It was essentially no- what it is we are doing. Mr. President, top because this starts with an unbe- strings-attached money. The money $2 trillion of emergency loans for trou- lievable scandal in the mortgage indus- was provided to those financial institu- bled assets and they say: You don’t de- try, subprime lending, and so on. I tions without saying to them: By the serve to know. We are not going to tell know we read in the papers about Mr. way, you have to use this to expand you. Madoff having absconded with $50 bil- lending in order to deal with the credit In fact, Bloomberg, the news organi- lion of investor money by building a freeze. There were no restrictions that zation, had to sue the Federal govern- Ponzi scheme. The tongue and groove said: If you take this money, you can’t ment to try to get details about the

VerDate Nov 24 2008 01:06 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.007 S09JAPT1 jbell on PROD1PC69 with SENATE January 9, 2009 CONGRESSIONAL RECORD — SENATE S241 total has gone out in terms of guaran- In addition, about $300 to $350 billion money to make your first 12 payments tees and capital which, by the way, is a year has been supporting additional on your home. Just call in 7 days. We over $8 trillion. It does not mean we American consumption because of the will pay it for you. Our loan program are going to lose all that. My point is, increase in home values which, of could reduce your current monthly why should a news organization have course, represents that huge bubble payment by 50 percent and allow you to sue the Government in order to give that was created in home values. That to make no payments for the first 12 the American people some information allowed people to believe they had months. Just call us. Pretty enticing, about how much they are on the hook more money because their home was right? You want a home, you want a for with all of this emergency activity? more valuable and they could borrow mortgage, you don’t want to make a About $8.5 trillion is what we have against the home, and that contributed payment for a year. No problem. Just discovered as a result of Bloomberg and another $350 billion to the economy. call us up. the work of some other enterprising re- But it was a substantial amount of ZoomCredit. ZoomCredit says in porters. It certainly is not the work of consumer initiative coming from credit their advertisement: Credit approval is a Federal agency that has come to the card debt and from home values that seconds away. Get on the fast track at Congress to say: Oh, by the way, here is they could borrow against which it ZoomCredit. At the speed of light, exactly what you need to know. In turns out were illusory increases in ZoomCredit will preapprove you for a fact, just the opposite has happened. home values because those values have car loan, a home loan, or a credit card. The Federal Reserve program has now collapsed. Even if your credit is in the tank, about $5.5 trillion now they have en- My point is that our consumer-driven ZoomCredit is like money in the bank. gaged. I understand that is an organi- economy was driven by, in some cases, ZoomCredit specializes in credit repair, zation that prints money, but I also un- fumes that are not going to be around and debt consolidation, too. Bank- derstand that organization, in the end in the future, and we are not going to ruptcy, slow credit, no credit—who stage, is an organization created by the be able to replicate that to build a new cares? U.S. Congress, and any liabilities exist- economy with that same kind of debt Can you imagine a company that ing there are liabilities of the Amer- consumer-driven initiative. says: I have a new model. We are so ican people. The FDIC program is $1.5 As you know, about at that point, oh, proud of our company, we actually spe- cialize in giving credit to people who trillion; the Treasury Department, $1.1 8, 10 years ago, as the bubble began to develop in home values, there was this don’t deserve it? trillion; and Federal housing, $300 bil- Now, does one wonder—when compa- issue of thinking that everybody could lion. That is, at this point, a compila- nies such as this sprang up all over the make a lot of money by developing new tion of about $8.5 trillion of liability country—why our economy is in a and exotic mortgages for homes and that exists out there. wreck, why we have experienced this Now, I want to make a couple points putting people into their homes who economy being driven into the ditch by before I try to describe what has hap- probably could not buy a home or find- a lot of bad people? Three mortgage pened and what I think should happen. ing people who were in existing homes companies—and, oh, by the way, just in This has been a consumer-driven and saying to them: You are paying case you are wondering, is it over? No. economy. It is not surprising. I brought way too much. So what happened was, This is from the Internet: Low-doc to the floor of the Congress one day a a huge industry developed in this coun- loans and no-doc loans. What does that whole stack of letters. At that point, I try. Even as they were securitizing mean? It means if you go to the Inter- had a 12-year-old son, and the Diners credit card debt and selling it back up- net, you can still find a company that Club had written to my son offering stream, they began to develop a new says, just as the others did: We have a him a credit card, preapproved, sug- industry to finance homes, and then new financial instrument for you that gesting perhaps a trip to Europe would found a way to securtize those home is really intriguing—no documentation be in line. So I brought that and prob- mortgages and sell those back up- of your income. That is right. We will ably a dozen or two dozen other solici- stream as well. loan you money without you having to tations to my children from credit card This is what we began to see in this document your income to us. Does that companies—from MasterCard and Visa country. Everybody saw it. All you had sound ignorant? It does to me. But we and Diners Club and American Ex- to do was watch your television set and will charge you a higher interest rate press—all of them writing to my kids. you saw the commercial come across. in exchange for your deciding not to Obviously, they had no idea whose kids This was Countrywide, which was the document your income. No-doc loans: they were or how old they were. They biggest bank: Do you have less than no doc, no payments for the first 12 were just names in some sort of a name perfect credit? Do you have late mort- months. And, oh, by the way, when you bank. They were writing to them to gage payments? Have you been denied do first start making payments, you say: Here is a preapproved credit card by other lenders? Call us. don’t have to make any payments on for you. Go have a good time. The biggest mortgage company in principal, just interest. If that is not What has happened all across this the country said: Are you a bad person good enough, we will give you a no-doc country is they are wallpapering col- because you can’t pay your bills? Are loan, no payments for 12 months, no lege campuses with credit cards. It is you a bad credit risk? Do you have lots principal, and you don’t have to pay all unbelievable. On most college cam- of trouble? Are you buying things you the interest because we will wrap the puses, many kids don’t have a job. can’t pay for? Hey, I tell you what, we principal and some of the interest on They are going to school. Yet credit have a deal for you. Come. We will give the back side. Does anybody wonder card companies understand that is the you a loan. That is Countrywide. why we had a financial wreck? best place to go find a customer. By the way, this company failed and So we had all these companies put So there are credit cards all around, has been purchased by someone else. out this sort of Ponzi scheme. Yes, wallpapering the entire country with But the head of this company, Mr. Madoff is apparently a pretty awful credit card solicitations. In fact, if you Mozilo, was given the Horatio Alger guy because he ran a Ponzi scheme of have another card, get rid of it. Bring award as one of the best executives in $50 billion, it appears to me. This was it to us. We will charge you zero inter- America, and from what I can tell, he all a Ponzi scheme as well, and every- est for 3 months. We don’t tell you, by it appears to have walked away with body was involved in it. the way, if you have a little problem about $200 million. So even though his So these mortgage companies put one month, we are going to jack your company is gone and he does not have people in these mortgages called rate up to 25 percent or whatever it is the job he had, he certainly cannot be subprime mortgages, and then the they are doing these days in rates and weeping, or if he is, he is wiping his broker made a lot of money because fees. tears with $200 million of cold cash. the broker was able to get people into The fact is, that dramatic runup in So it was not just Countrywide. these mortgages. And I did not men- the last couple of decades in credit card Millenia Mortgage—again, we saw all tion, they put prepayment penalties debt has been unbelievable, and that is these. This was not some dark secret: into the mortgages so you could not what has been supporting a substantial Twelve months no mortgage payment. pay it off early or you had a big pen- amount of the consumption. That’s right. We will give you the alty? Then they wrapped it into a big

VerDate Nov 24 2008 01:06 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.010 S09JAPT1 jbell on PROD1PC69 with SENATE S242 CONGRESSIONAL RECORD — SENATE January 9, 2009 security. They put all of them to- busting everybody’s budget—the family We have to get rid of Glass-Steagall. gether, like you put a snowball to- budget, the business budget, the Gov- We have to create big bank holding gether, in a big security—that is called ernment budget. All of those together companies. We have to allow that to be securitization—and then you sell it. So is an almost perfect storm. the case, and we have to allow banks to you sell it to perhaps an intermediary So the question is, What do we do merge with real estate, with insurance, or perhaps you sell it to a Wall Street about all that because this economy is with securities. firm that takes a look at it and says: a mess? It is in very serious trouble, Now, I was one of eight Senators to That is pretty good. That has a high and the one thing that unites me and vote no. On the floor of the Senate, rate of return because you have pre- the smartest economist or the most here is what I said in 1999: This bill payment penalties and all these things, prescient business mind in this country will, in my judgment, raise the likeli- and the interest rates were really low, is that neither of us have ever been hood of future massive taxpayer bail- but they reset in 3 years to be really here before. We are walking in woods outs. high. What a good deal. So I am going that have no maps. We do not know. I regret I was right. It will fuel consolidation and mergers to buy these securities. None of us know exactly how you are Everybody is buying securities like going to move people out of this situa- in the banking and financial services and it will be done at the expense of hogs in a trough. The brokers are mak- tion, how you move this country. I taught economics in college ever so the American people. ing money. The mortgage company is I said at the same time in that de- making massive amounts of money. briefly but I do know this: This is not about charts and bar graphs, and it is bate: I say to people who own banks— The people who are securitizing it are talking about the folks who pushed making money. The big investment not about supply demand curves. It is all about confidence. Will we see the this—and, by the way, this was pushed banks are making money. In fact, the because one large bank wanted to restoration of confidence? Because if current Secretary of the Treasury—his merge with one large insurance com- people are confident about the future, firm and four other firms came to the pany and they couldn’t do it because they do things that manifest that con- Securities and Exchange Commission the law wouldn’t allow it. What is the fidence. If they are confident about one day in 2004 and said: What we need response? We will go get the law themselves and their jobs, they buy a you to provide is some relaxation for changed. It wasn’t just this Congress; suit, they buy a car, buy a home, take us so we can take on more debt to buy it was President Clinton and his advis- a trip; they do the things that expand more of these kinds of securitized in- ers—some of whom, by the way, are struments and make more money. America’s economy. If they are not going to work in this new administra- In the basement, deep in the bowels confident, they do exactly the opposite. tion. They said all of this is good. We of the Securities and Exchange Com- They defer the purchase. They decide are going to modernize the system. I mission, after a hearing, by unanimous not to take the trip, not to buy the car. thought it was nuts. Three years before vote, the SEC, for the company that That is the contractional side of the this, I had written a cover story for the was headed by the current Treasury business cycle, but this is much more Washington Monthly Magazine, talking Secretary and four other of the largest than a business cycle. Still, confidence about derivatives and what I had pre- investment banks, said: It is OK. We is at the root of our opportunity to put viously described as securities sold up- will allow you to take some of this this country back on track. stream by the big mortgage companies, money you set aside in the event of I have great hope for this country, and the title of my cover story, in 1994, failure of your assets—the reserves— but I wish to say this again. I have de- I believe it was, in Washington Month- and you can take some of those re- scribed some of the unbelievable cir- ly Magazine: ‘‘Very Risky Business.’’ serves and use them now to make more cumstances of the carnival of greed From that time, I have introduced five money by these investments. That that has led us into this economic trap, pieces of legislation to require the reg- meant some of those firms went from and if we don’t address both sides of ulation of derivatives and to prohibit 12 times leverage to 30 times leverage. this issue—first, to try to jump start banks from trading on derivatives on Isn’t that unbelievable? They were this engine of ours and rewire it at the their own proprietary accounts but to all fat and happy, making money left same time—but if we don’t at the same no avail because there were too many and right. And then the whole thing time, then, make those in this kind of people who believed we need to mod- crashed. That financial scandal, this financial industry accountable for past ernize the system—meaning, they said, subprime scandal, took this country actions and for future actions, we will take away the restrictions that were right to the edge of a cliff. It was not not in any way give the American peo- put in place after the Great Depression. just this, but it was led by this, and it ple confidence about the future. Take away the restrictions that pro- was especially this. So the question of what do you do in hibited banks from engaging with real At the same time all of this carnival addition to a recovery package or stim- estate and securities and other things of greed was going on in this country— ulus program—which I will speak about that were risky. Well, they succeeded. I at the same time we were spending, in in a moment—the question of what you failed in stopping it. The fact is, it is budget policy—President Bush leading do in addition to that leads me to the what set up this unbelievable, spectac- the charge; and Congress, Republicans discussion I had with my colleagues ular financial collapse in this country. and Democrats, a part of it—spending last evening. I said we must revisit un- The question is: Now what? in fiscal policy way beyond our means, believably bad decisions and judgments I am going to introduce some legisla- $600 billion a year. Oh, I know the re- that have been made in the last 10 and tion today, and I wish to talk about, ported budget deficit was $400 billion 15 years. For example, in 1999, the Fi- specifically, the requirements of the last year. It was not $400 billion. What nancial Modernization Act was passed legislation. I am not willing—as I was your deficit really is is what you had by this Congress; financial moderniza- not willing last fall on the $700 billion to borrow for the year. That was over tion to help create the large financial proposal—I am not willing to advance $600 billion. So we were $600 billion out holding companies, to take away the assistance proposals unless the Amer- of balance in fiscal policy, and that is Glass-Steagall Act—abolish the very ican people are protected. I am going going to be over $1 trillion this year. act that was put together following the to introduce the Taxpayer Protection Then add to that a trade problem of Great Depression that said: You have Act that does four things that are $700-plus billion a year, consuming 3 to separate banking interests from risk tough, certain, and require account- percent more than you produce every interests. You have to separate securi- ability. I don’t know whether there is year—year after year after year—and ties and you have to separate real es- the support or the stomach to pass this then energy prices on a roller coaster. tate. That was Glass-Steagall. You kind of legislation, but I will not be ad- Oil runs way up to $147 a barrel in day have to keep them separate. In 1999, vancing support for additional tax- trading, just like that, and then col- this Congress, in legislation called payers’ money until and unless we have lapses right back down, and now goes Gramm-Leach-Bliley, after Senator some assurance that these things are back up because of the circumstances Phil Gramm from Texas, said: You done. First of all, establishing a Finan- in the Middle East between Israel and know what. We have to do something cial Market Investigation and Reform the Palestinians. Then health care is that modernizes our financial system. Commission.

VerDate Nov 24 2008 01:06 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.011 S09JAPT1 jbell on PROD1PC69 with SENATE January 9, 2009 CONGRESSIONAL RECORD — SENATE S243 Back at the end of the Roaring willfully blind. That combination has have special knowledge of sewers? No. Twenties, which, by the way, the his- injured this country in a very signifi- They bought a German city’s sewer tory books will certainly compare the cant way. system and leased it right back to the era of the Roaring Twenties with the Our country’s financial markets—the city because you are not going to dig Gay Nineties and the unbelievable ex- Wall Street Journal said in an article up the sewer pipes of a German city, cess and greed—but at the end of the by Arthur Levitt on October 23—are in right? Why would you want to own it twenties and early thirties, the Con- their darkest hours in 76 years. We are in a German city? Because you can gress put together a committee that in this situation because of an adher- lease it right back. It is a big scam be- investigated and subpoenaed and ence to a deregulatory approach. Our cause you can reduce your U.S. tax bill brought people here to find out what regulatory system failed. to the U.S. Government by hundreds of happened, who did it, how did it hap- I know there are people I serve with million of dollars. pen, and what do we do to stop it from who think regulation is a four-letter I shouldn’t pick on Wachovia because ever happening again. That needs to be word. It is essential. The free market there are plenty of others who did it. done again. There ought to be a select must, in certain areas, have proper reg- This happens to be a convenient case. committee of the Congress doing that ulatory authority. A big old bank buying a sewer system right now, and I hope we will do that. Alan Greenspan, who bears a signifi- of a German city so they can avoid Some will say: Well, we have existing cant part of this responsibility as then paying U.S. taxes. By the way, the authorizing committees in the Con- chairman of the Fed, here is what he same company got in trouble with bad gress that can do that. The fact is they says now: I made a mistake in pre- assets; part of the whole scam in terms are not going to do it. They have never suming that the self-interests of orga- of what happened with the scandal of done it and will not do it. If we don’t nizations—specifically banks and oth- the subprime system that steered this put together those kinds of committees ers—were best capable of protecting country into the ditch. or commissions here and now and issue their own shareholders and their eq- Now, let me say that this issue of subpoenas and discover what happened, uity. What he was saying, if I translate President-elect Obama proposing to us we will not know how to prevent it this to English, he was saying: I be- a stimulus program or economic recov- from happening again. We need to es- lieved in self-regulation, or I believed ery program is a very important issue tablish that reform commission to in- in no one regulating because they will for us to consider. I am a chairman of vestigate and then propose reforms. self-regulate. one of the subcommittees on appropria- That is the rewiring portion of what I I come from a small town and a small tions. We are working on my portion of described. school. I graduated in a high school this effort to find out what could we in- Second: I want all emergency eco- class of nine. That wouldn’t pass a vest in, in what some call ‘‘shovel nomic assistance programs, including laugh test in second grade. Just let ready jobs’’ that will put people to the troubled asset relief program—the them all go and they will do what is in work immediately. There are water $700 billion that I didn’t vote for, but the country’s best interests? That is programs, highways, bridges, schools, others did—to have oversight, account- unbelievable to me. things we can do that will put people ability, and transparency. That needs So we have a lot of work to do. The to work and do it immediately, put to be required for all of that. There is banking system after 1999 evolved so people back on payrolls. At the end of no oversight for $7.8 trillion in emer- that we had a lot of banks that were that expenditure, you have better gency economic assistance at this considered too big to fail, but they schools, better roads, better bridges, point that has been issued by the Fed- weren’t big enough to regulate, appar- and water projects that will enhance eral Reserve Board. No oversight at all. ently. Too big to fail, which means life. So those are the right things to None. The same requirements in the that if they get in trouble, we are the do. But we all know there are plenty of TARP program ought to be applied to ones who are going to pick up the people who have proposals that have every other bailout by the Fed or by costs. We bear the burden. We will be nothing to do with putting people back the Treasury or others providing simi- responsible. But they are not big to work. I am very concerned about lar help. enough to regulate, so they get the that. Third: we should make conditions best of all worlds. They get taxpayer I am also concerned about the tax imposed on one company receiving protection with no requirements, no side of this. We are talking about 40 emergency economic aid applicable to accountability. This is just a few of percent of this proposal representing all companies, and that is limits on ex- them. the tax side. I think there are some ecutive compensation, prohibiting bo- Let me make an aside. Even as I have things we can do in the tax system to nuses and golden parachutes, and pay- described on the floor of the Senate in encourage investment which encour- ment of dividends and private aircraft the past, some of the same firms that, ages employment. Here are some of the ownership, and more. We should re- by the way, require bailouts are firms proposals I have made: $250,000 expens- quire those private entities receiving that have been so irresponsible in other ing for small business equipment so we the emergency economic assistance to areas. Yes, I am upset about the way encourage the decisions to make or buy be subject to audit, provide detailed these mortgages were put out. I am or build equipment right now. That monthly reports, tell us: What did you upset about the greed and the avarice puts people to work. So there are some do with that money? Is that money ad- and all the money people were making; things on the tax side that I think vancing the economic interests of this one guy making $20 million a year and make some sense, but I worry about 40 country to put this country back on his buddy making $30 million a year, percent on the tax cut side. No one is track? running one of the biggest investment going to have a problem saying: Yes, Finally, we should create a Taxpayer banks into the ground, by the way. One give us a tax cut. Everybody likes that. Protection Prosecution Task Force to of the biggest bailouts has been of one But the proposition on the expendi- investigate and prosecute financial of the biggest investment banks. To ture side, a whole lot of folks are com- fraud cases and other violations of laws my knowledge, nobody lost their jobs, ing in with projects that have nothing that contributed to the collapse of this nobody parked their airplanes. to do with creating jobs. I don’t want country’s economy. Wachovia Bank. Wachovia Bank went to be part of that. Money is going to be It is unbelievable to me that a couple sour, so they had to be purchased, but borrowed in any event. We need to get things conspired at the same time. it wasn’t just because they were in- this right. I am willing to participate, One, Congress passes the Financial volved in toxic assets. Wachovia and I am willing to support the kinds Modernization Act, which was a com- Bank—it is a culture apparently here. of investments that will put people plete disaster for this country. Two They had bought a German sewer sys- back to work and create an asset for years later, President Bush came to tem. You might ask the question: Why our country—better roads, better town and hired a bunch of folks who would an American bank buy the sewer bridges, better schools, water projects were supposed to be regulators who, ac- system of a German city? Because they that we need for the future. I am will- tually, in some cases, boasted: We like sewers? Because they have a sewer ing to do all that if it puts people back don’t intend to regulate. We want to be department in the bank? Because they to work. But we ought to be looking

VerDate Nov 24 2008 01:06 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.008 S09JAPT1 jbell on PROD1PC69 with SENATE S244 CONGRESSIONAL RECORD — SENATE January 9, 2009 with a laser at what is it that will put spiring that people don’t know what we can continue to work and we can people on payrolls to try to jump-start they can’t do. draw on that American spirit which he the economy. As an aside, my Uncle Harold is 88 so directly outlined, which is what Even if we do that, if we don’t rewire years old, and he is training for the makes us unique and allows us to come this system and do the financial reform Senior Olympics because he qualified from behind and accomplish the things I described in the legislation I am in- to go to San Francisco to run in the in front of us. I thank him for his troducing today, we are not going to 100-meter dash. He runs it in under 19 words. succeed because the people will not be seconds, by the way, at age 88. My aunt I wish to spend a few minutes—we confident about the future. thinks he had a stroke, she thinks he are going to have several votes between We have to fix what has helped cause has gone crazy because he runs all over now and next week over the Bingaman this scandal, and that includes fixing a the country running races. My uncle is lands bill. I thought we ought to spend trade system where we consume 3 per- 88 and can run faster than most people some time today to do that since I cent more per year than we produce, his age and has 100 medals. I am in- know we won’t want to come in early fixing a trade system where we have spired by my Uncle Harold and by Ken on Sunday. I wish to talk about proce- $700 billion a year trade deficit, fixing Mink, and I am inspired by people who dure for a moment so we can under- a fiscal policy budget situation that is don’t know what they can’t do. stand. way out of balance. We have to do all I hope in the coming days when we We are going to be here on Sunday those things. talk about all the ingredients of all the not because we have to but because the I would not be able to come to work issues, the proposals that are com- majority leader has decided that we in the morning if I were not hopeful. I plicated and difficult, I hope all of us will. There are other things we can be still have great hope for this country. I will understand, if we ask the Amer- accomplishing. And goodness knows, am an optimist. Yes, I want to look ican people to be a part of something the problems in front of this country back and hold people accountable. I bigger than themselves, to help this require extra effort on our part. We are want subpoenas, and I want to pros- country recover and put this country going to have a $10 billion to $12 billion ecute wrongdoing. I want to do all back on track. You go back over two bill in front of us again that will have those things with respect to this finan- centuries of history, and there is not no amendments available to it and cial scandal. I think it is big. I think a much this country cannot do. There is very limited discussion. As a matter of whole lot of folks took the $30 million, just not much America cannot do. This fact, I think I am the only one who has and they are at home and they are wip- is a country that rolls up its sleeves discussed anything on this bill thus ing their tears with American currency and has great hope for the future. far, and we probably will not see a lot while a lot of other people have lost I know my colleague from Oklahoma of discussion. their homes and their jobs. I want us to is here to speak. I appreciate his for- There are a lot of issues we need to investigate. I want accountability bearance. I will be back Monday to address, and my colleague, Senator looking back, and I want account- talk some more about these issues. DORGAN, just outlined the most impor- ability going forward. All of that is There is no social program in this tant of them; that is, confidence, how very important to me. But I do want to country as important as a good job do we reestablish confidence in this say this: I am somebody inspired by that pays well. The reason I say that is country. It is my position that we are the ability of this country to recover the root of giving people hope about not going to reestablish confidence in and to ask the American people to be a the future is to have opportunities for the country until we reestablish con- part of something bigger than them- the American people to find a good- fidence in this institution. selves and to come together and do paying job, keep a job that has some Since July 16, the Republicans have things that will pull up this country, benefits, to give them an opportunity had one amendment allowed on the lift this country. to take care of their families. That is floor of the Senate. In the last 6 The other day, I was reading a news where we start. months, one amendment—that was report of a guy, and I was so inspired I hope in the coming days, as we dis- September 10. In 6 months of legisla- by it. It is so typically American of cuss and work on these issues, we will tion, we have had one amendment al- somebody out there—way out there have the opportunity to call on what is lowed to the minority side to express thinking: I can do this. I read about a the best in this country rather than the views for greater than 50 percent of guy named Ken Mink. I don’t know the worst and come together and do the American people. Ken Mink from a cord of wood. what we can to restore to America the If the Senate is about anything, it is Ken Mink comes into the house one kinds of opportunities we have always about the ability to debate and amend night and says to his wife: Honey, it is felt will exist for our children. the interests of the American people. back. I yield the floor. What we have seen over the past 6 She said: What is back? The PRESIDING OFFICER (Mr. months is that the rights of Americans He is 73 years old. WEBB). The Senator from Oklahoma. have been taken away in terms of dis- Honey it is back. Mr. COBURN. Mr. President, I ask cussion, debate, and amendment of the What is back? unanimous consent to speak in morn- very large issues that are in front of My shot. ing business, the time I might consume us. He had been out shooting baskets in not to exceed 1 hour. My position on this bill—which the the backyard. The PRESIDING OFFICER. Without American people should know is a My shot—I am shooting baskets. I objection, it is so ordered. hodgepodge of a ton of bills; it is not am not missing any. Mr. COBURN. Mr. President, let me just all lands bills—is about priority. It He had been a college basketball give some praise to my chairman of is about reestablishing confidence. It is player, and because of a prank, he got one of my committees. He hit right on about doing the most important things kicked out of college. At the age of 73, the nose. Confidence is what the Amer- that are of the highest priority for our he is shooting baskets in his backyard ican people need to see. We have great country and not doing the things that and says: Honey, it is back. resources in this country, and I am not are of the lowest priority even though So he sat down and wrote applica- talking materially. The resource we it may make us look extremely good tions to college. A junior college said: have that is the most bountiful and back home. Yes, we will give you a shot; you can most productive and strongest and Some will contend this is just an au- come to school here and try out for the made of steel is the American people. thorization bill, that it doesn’t spend basketball team. At the age of 73, Ken When we get together, united as a na- any money whatsoever, that it will Mink played basketball with a junior tion, there is not anything we cannot have to be appropriated. I remind them college team just a month ago and accomplish. there is mandatory spending in this made two free throws. He was the old- I appreciate his words very much. I bill, so there is actual spending in- est man, I think, by 42 years to ever also appreciate some of his wisdom and volved. score a point in a college basketball foresight we heard today. I am hopeful Also—and I won’t do this, but I am game. Isn’t that wonderful? It is so in- that in the months and years to come, prepared to do so if I need to—I will

VerDate Nov 24 2008 01:06 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.012 S09JAPT1 jbell on PROD1PC69 with SENATE January 9, 2009 CONGRESSIONAL RECORD — SENATE S245 offer into the RECORD the press releases is 1.3 trillion barrels that we will condition in which we find ourselves. of everybody talking about all the never, ever—regardless of our tech- So as we contemplate this bill, I be- money that is going to be spent be- nology, regardless of whether we can lieve it demonstrates that we are more cause of this bill. You cannot be on the do it totally without any impact what- interested in looking good at home Senate floor saying this does not spend soever on the environment, we will than fixing the real problems that are any money and at the same time send never be able to touch it under the aus- facing the country. a press release out telling your con- pices of this bill. It takes 9.3 trillion So let me for a moment summarize stituency that you just passed a bill cubic feet of known natural gas that is the bill and highlight some of the that will spend money that will do in proven reserves right now, enough to things that are in it, and then ask the something because you are actually fuel this country for 21⁄2 years, and it American people to answer this ques- creating a false expectation if you says: You cannot touch that; you can tion: Should we add four new National don’t expect to appropriate the money. never touch it. And then another cou- Parks at a time when we have a $9 bil- So let’s be clear about why we cannot ple hundred trillion cubic feet that are lion backlog in maintaining the parks afford to pass this bill. It has to do known to exist, with the technology we have today? We can’t even take care with a whole lot of things. One is we that is here today. of the parks we have today. We have 10 cannot continue to operate the Senate Why would we do that? We just went million gallons of raw sewage in Yel- where there are no amendments for the through a big problem, and because we lowstone, in the Grand Tetons, which minority because what it does is it cuts are in an economic cycle, we are seeing seeped out because we didn’t maintain off the voice of over half the American the only benefit of that is lower energy the pipelines. We have a $700 million public, by populations that are rep- costs. Yet through this bill, we are backlog on The National Mall; in Lake resented by the minority. But there are going to tie the hands of our children Mead, NV, a $258 million backlog. other greater reasons. for available energy. We are not addressing any of the We have a $10.6 trillion debt at this This is not about whether you believe backlogs whatsoever. Yet we are cre- ating greater responsibilities for the point. We are going to have a $1.8 tril- in global warming or CO2 as an anthro- lion deficit next year. That is $1.2 tril- pogenic gas because even if I agreed National Park Service and the re- lion as a minimum estimate by CBO, with that 100 percent, and everybody sources they have today. In a declining which does not include the $160 billion would agree with it, we are going to discretionary budget, because of the we will steal from Social Security and take 20 years to transition away from fiscal nature in which we find our- selves, we are going to make worse and will not include half of the money that hydrocarbons. Every dollar we send out worse this situation. We are going to is coming in a stimulus package. If you of this country for the purchase of en- create 10 new heritage areas and study take 300 million Americans and divide ergy is part of that $700 billion my col- 15 others. league, Senator DORGAN, just noted as them by $1.8 trillion, what you get is Now, remember what happens when one of our big structural financial $6,000 per man, woman, and child that we create a new heritage area. We cre- problems. So why would we pass a bill we are going to run in the red next ate the inability to ever extract min- year, real dollars, real loss in the fu- that is going to eliminate our ability erals, oil, gas, timber, and other re- ture, and we are going to have to pay to achieve some greater level of energy sources. We are saying: Off limits and, that back sometime. The people in this independence? by the way, if you like to enjoy the Another area of why I oppose this room, the Members of the Senate are outdoors—maybe you want to go hunt- bill: property rights are—should be— not ever going to be attached the cost ing or maybe you want to ride a three- pristine in this country, and this bill of the price to pay that back. wheeler or four-wheeler or a motor- adds 15 new heritage areas, and the Last year, we paid $230 billion in in- cycle—that may not be available to Federal Park Service will then fund terest alone. That is about $900 per you. It may be limited. man, woman, and child in this coun- those who are against the development There are 19 separate provisions in try—$860, actually—that we are paying of the land around it or in it, against this bill that directly withdraw Federal in interest, which is going to double the homeowners, the landowners who land from mineral leases, such as oil over the next 4 years. So not only are are actually part of it, through zoning. and gas and geothermal. Nineteen spe- we going to run a $6,000 deficit, we are Even though several of the individual cific. That doesn’t have anything to do going to run another $800 in interest bills in this bill put a prohibition on with the undergirding statutes in costs that are going to take away the eminent domain, the vast majority of terms of the National Park Service, potential of families across this coun- the bill has no prohibition on eminent the Bureau of Land Management, and try who are struggling, and that is domain. heritage areas that will eliminate the what we are going to put into their fu- One of the rights fought for, one of opportunity for exploration of energy ture. the foundational principles of this and make us more energy independent. So when my colleague talks about country, is property, the right to have There are 130-plus bills in this legis- confidence, what I want the American and hold property and be free, as long lation, 1,300 pages, that was introduced people to see is us working on the real as you are not endangering somebody two nights ago. I will tell you, other problems that are at hand, not prob- else with that property. Yet we are than my staff and probably the com- lems that are not real or are not a pri- going to step all over that with this mittee staff, nobody in this body has ority. bill. Five separate property rights looked at it—1,300 pages. It is going to We offered several amendments. We groups who recognize this is a pro- get passed out through the body next were told we were getting no amend- tected guarantee under the Constitu- week, and the vast majority of the Sen- ments to this bill. I am going to spend tion have come out supporting the de- ators and their staffs will have never some time going through those amend- feat of this bill because it tramples on taken a look at it, at a time when we ments because I think a lot of them property rights. should be about building confidence make sense. I am also going to spend Finally, one of the reasons I am op- not undermining it. the majority of my time talking about posing the bill is the fiscal nature of We have 1.2 million acres in one the main reason I oppose this bill. what it does. It sets in motion $12 bil- small area of Wyoming that in the If you will recall, back in the sum- lion ad infinitum over the next 5 1960s, 1970s, and 1980s contained the mer we were paying $4 for gasoline. We years—year by year by year by year— greatest and largest and most powerful saw oil at $146 a barrel, which is now that we are going to spend, and it is pressurized source of natural gas the around $40. And the assumption of this going to go into the mix of priorities country had ever seen. As a matter of bill is we will never see high oil and gas that are not a priority. Now, there are fact, we didn’t have the technology to prices again. The very time to be fixing some things in this bill, I will admit, 20 handle it, so we capped it. It eliminates our future energy needs is now, not or 30 items, that should go through any additional leasing. It sets it up so when there is a crisis again. here. But the vast majority of the bills those people who have a lease will have What this bill does is essentially take in this mega bill are not a priority for a lawsuit filed against them. It will 1.3 trillion barrels of oil in this country this country. They are not a priority never be developed. It will never be de- and say: You can never touch it. That whatsoever right now considering the veloped because the cost of fighting the

VerDate Nov 24 2008 01:06 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.013 S09JAPT1 jbell on PROD1PC69 with SENATE S246 CONGRESSIONAL RECORD — SENATE January 9, 2009 lawsuits will be greater than the ben- about $33 million. What are we going to least 500 salmon. How does that fit efit of developing the natural gas. The do? What should we be doing? Creating with our priorities? It may be some- companies that developed that came these new ones or should we take care thing that we ultimately ought to do. from Oklahoma. We now have the tech- of the memorial for the USS Arizona? How is it that we should do that now? nology to handle that. It is a proven re- Which one is a priority? Should we Why should we even be thinking about serve. maintain what we have or should we do doing that? How does that fit with any We have 92 new scenic rivers in this something and say we did it through a air of common sense? bill. Now, I am all for scenic rivers, but press release, even though we are prob- How about building a road to 800 resi- we should understand the consequences ably not going to have the money to do dents, after we provided a hovercraft to of a scenic river designation. What does much of this, and create a false sense get there? One hundred environmental it mean? There will be no power lines of expectation with the American peo- groups are against building this road across it, there will be no transmission ple? through a very pristine area. We do lines, there will be no natural gas pipe- The Gettysburg National Battlefield have access another way. Yet we are lines, water pipelines, or slurry lines has a $29 million backlog; the Statue of going to do that, and we are going to that can cross a scenic river. What we Liberty Park, a $197 million backlog spend $2 million per mile over 17 miles, know, with our desire to use alter- right now. Remember when Lee Iacoc- building a one-lane road that many native energy, especially in terms of ca helped to raise funds for the Statue times is not going to be accessible in the Southwest for solar and in my part of Liberty in 1976, and we did all that. the winter, through some of the great- of the country on up through the wind That is the last time we have done any est pristine areas that we have. There- corridor, is that we are going to have regular maintenance. So we have let it fore, 100 environmental groups are ada- to develop transmission lines, probably fall down. We haven’t been responsible. mantly opposed to including this in up to 40,000 miles of transmission lines, We haven’t put the money there. As a this bill. You can understand why they and we are going to double the cost of matter of fact, today President-elect think that might not make sense for developing those lines because we Obama, in a press conference, asked for protecting such pristine land. would not be able to cross a scenic ideas as to how to spend money that This is my favorite: $3.5 million to river. There is a prohibition in this will actually create jobs and create an the city of St. Augustine, FL, to plan— bill. investment. Well, I can tell you how I just to plan—for a birthday party 16 We will eliminate the ability to take would spend the money. Let’s fix up years from now for the 450th birthday the natural gas that is available in our parks, let’s fix up The Mall, let’s of St. Augustine, FL. Does that restore abundance in Alaska today, in proven take care of the $29 million backlog we confidence in the Senate, that we known quantities, and the pipeline have on some of the greatest treasures would say we are going to spend $3.5 that is scheduled to come down to the we have in this country before we add million on a city that has been having greater 48 will be tripped up by these to the maintenance headaches of the a birthday party every year? Yet we designations. Again, another way to National Park Service by creating new are going to put another $3.5 million shoot ourselves in the foot when en- National Parks. That is a way we could into the kitty to plan for a big one? ergy independence ought to be part of actually create some jobs and invest There is no doubt we should recognize our goal. our money; things we are going to have the historic significance of the longest The people who want to do the things to invest in someday anyway. lived settlement in this country at 450 in these bills are highly motivated for The Grand Canyon National Park has years. But the question is, in today’s good reasons, but the judgment is sus- a $299 million backlog. These aren’t my economic climate, is that something pect at the time in which we find our- numbers, these are National Park we should be doing? Who out there selves. We find ourselves dependent on Service numbers. And there is the Na- without a job today would agree that energy and in a financial mess. Yet we tional Mall, as I talked about earlier. we should do such a thing? are going to make both of those prob- What is in this bill that doesn’t make How about spending a quarter of a lems worse with this bill. sense just from a commonsense stand- million dollars to go down to the Vir- Today, in this country, we have 108 point, maybe something we should do gin Islands to study whether Alexander million acres of developed land. Now, at the right time? How about spending Hamilton’s old home down there ought that is cities, that is manufacturing $5 million to compensate ranchers for to be made into a park? Is that a pri- sites, that is towns, and that is high- losses from gray wolves that we re- ority now? What would a quarter of a ways. That is all of it. We have 109 mil- introduced into the wild? We put them million dollars do for somebody who is lion acres right now of wilderness des- back in there, and now we are going to unemployed right now? How many ignation already, which is twice what pay ranchers for the cattle they lost to mortgages would it get people out from was ever thought about being accom- them. We repopulated a species that is behind who are in arrears? How many plished when the wilderness designa- now overgrowing its habitat and com- people would not default if we could le- tion was first started in the 1950s and ing onto private lands, and our answer verage $250,000 to them? We have our early 1960s. Then the Government owns to that is, well, we will just pay the priorities messed up. another 656 million acres of land. So we losses. The reason there is a lack of con- are not only robbing the future from Do we have the money to waste $5 fidence in the Congress, with an ap- our children because we have been fis- million paying for cattle losses from proval rating of 9 percent, is because it cally irresponsible, we are robbing wild wolves? We might at some point in is deserved. their future potential to make deci- time. I hardly think we have the There is also $12 million for us to sions about independence and freedom money to do that right now. The ranch- build a new greenhouse for orchids for in the future because we are going to ers aren’t going broke. There is no the Arboretum. We may need to do be totally indebted in the 20 years that question it is an irritation and a cost that. There is no question we should we transition from a carbon-based to them, but I am not sure the Federal preserve the things that mark our her- economy to a noncarbon-based econ- Government ought to be responsible for itage. But is now the time to build a omy. We are going to make that ex- the cost. new greenhouse in Maryland to grow tremely painful, much more difficult, What about the coyotes in Oklahoma orchids? Is it the time? What can we do and extremely more expensive. that kill our sheep and our chickens? with that $12 million? Who could we Let me talk about why the National Should we compensate the chicken help with that $12 million? Could we Park Service is overburdened for a farmers and the sheep farmers for the use it in a better, more efficient way so minute and the things we ought to be coyotes that kill their livestock? that the American people would ben- doing. We have in Hawaii the USS Ari- How about $1 billion and counting on efit? If we are going to spend $12 mil- zona Memorial. Now, 1,117 Americans the San Joaqin River project to make lion, couldn’t we spend it in a better died on that ship. The visitors’ center— sure we restore 500 salmon? You heard way? and if you have ever been there, you go me right—$1 billion is going to be spent My State has Route 66 all through it. out on a boat to the visitors’ center— over the next 10 years, and then money We have all these tourism things that is sinking. The maintenance backlog is after that, to make sure we restore at are in this bill. Now is not the time for

VerDate Nov 24 2008 01:06 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.016 S09JAPT1 jbell on PROD1PC69 with SENATE January 9, 2009 CONGRESSIONAL RECORD — SENATE S247 us to be working with grants to pro- west in the wind corridor, it will do us the minority has had the opportunity mote Route 66 in Oklahoma. Now is the no good to put windmills out there if to offer one amendment in this body, time to be putting that money to work we do not have a way to send that en- one amendment. In the greatest delib- on something that is going to create a ergy somewhere else. Yet with this bill erative body in the world, the minority job or save a foreclosure or absolutely there are multiple instances, over 50 has had the opportunity to offer one make a difference in somebody’s life, instances, where we are going to block amendment. not an aesthetic benefit of the past. We our ability to send transmitted power One amendment we wanted to offer need to start thinking about the bene- to other areas of the country. that I thought made sense: ‘‘No funds fits of the future. In 2002, on scenic rivers, the lawsuit can be made available . . . to establish I talked about the Wyoming range. It was won that said within the collection a new unit of the National Park Sys- will be disputed by the Wyoming Sen- territory of the Los Padres National tem or National Wilderness Preserva- ators, but the fact that the Bureau of Forest in California we will not ever tion System, a new National Heritage Land Management used the latest geo- permit oil, gas, or mineral develop- Area . . . new Wild and Scenic Rivers, logic data and their study uses one ment within the river corridor. What new wilderness areas . . . until the Sec- that is 2 years old and makes the as- happens if we can drill from outside? retary of the Interior certifies that the sumption that all land in Wyoming is What if we can send a line 20 miles maintenance backlog at the Statue of the same would refute some of my sta- from the outside? What we are doing is Liberty National Monument, Grand tistics. But all of the geological engi- we are saying no matter what the tech- Canyon National Park, Yellowstone neers in this country and all the oil nology you ever develop, no matter National Park, Glacier National Park, and gas exploration would remind us of how you ever attempt to make us en- Gettysburg National Park, Antietam the tremendous loss we are going to ergy independent, it is never going to National Battlefield, the National achieve by cordoning all that off and be OK; we are never going to allow it. Mall’’ in Washington, are up to date. not making it available. If you look at what this bill does in Why wouldn’t we want to take care I talked about the wilderness des- terms of geothermal—this is the poten- of what we have now before we add to ignations. I am not against, nec- tial geothermal source of energy. It is it? essarily, new wilderness designations clean, renewable in this country. We The Grand Canyon cannot even keep as long as we limit their impact on markedly go after some of the most po- its trails open right now, or employees, property rights. But we do not. As a tent areas of geothermal availability due to lack of funding. There are 10 matter of fact, they directly impact in this bill. We say you can’t use them. million gallons of raw sewage in Yel- property rights. They directly limit in- We can use geothermal—clean, alter- lowstone. The Pearl Harbor USS Ari- dividual property rights. So as we add native energy. But because we want to zona Memorial is sinking. The manager wilderness areas and zoning require- look good, because we want to say we of the Glacier National Park declared ments within them, we take away the did something, we changed that. his park bankrupt—the manager. His right of the landowner because we fund Just so we might all be informed words: ‘‘We are bankrupt.’’ a specialized group through the Na- about how much land the Government At Gettysburg the number of employ- tional Park Service to change the prop- actually owns, as you can see in the ees has gone down. Their ability to erty rights to the disadvantage of the Western States, in Alaska, the vast maintain that significant monument to property owner. People who have no majority of the land is owned by the the history of us coming back together ownership in it will decide what the Government. But that is not nearly as through war, through the results of property’s zoning rules will be because significant as what is happening with ending that war and the tremendous they will be funded by the Federal Gov- this bill because large portions of what number of lives that were lost on that ernment. If you are opposed to that, is not owned by the Government now is day, General Pickett’s charge—the fact you are disadvantaged because the very difficult to develop because when is, we are ignoring them. According to Government is going to send dollars to we try to get a permit for extraction of some, the National Mall has now be- your opponent, so we attack property minerals, geothermal, gas, coal, or oil, come a national disgrace because it is rights at the very basic level. Not only it is hit with lawsuit after lawsuit. not maintained. We are going to see do we challenge them, we take your Now, in addition to these high per- some of the great difficulties with that own money and support your opponent centages, nearly 50 percent, we are add- when we swear in our next President, on what you can and cannot do with ing all these other things on top of it, with the tremendous burden being your own property. the vast majority of which are moving placed on it. I love scenic rivers. We have the Illi- to the west. It makes no common ELEANOR HOLMES NORTON, the dele- nois River in Oklahoma. It is a beau- sense, no matter whether you are an gate from DC, said we should be tiful, pristine river. It has had some avid global warming enthusiast or you ashamed of what the average Mall vis- tributary problems, but we actively are an energy explorer, if we want to itor sees. It is not a priority. We made worked and cleaned it up and it is stay warm in the winter, it doesn’t it politically expedient. We made look- markedly improving every day. It is a make sense to anybody. ing good at home a priority. We have real pleasure. Mr. President, 29 percent of all the not taken care of our national treas- Should every river in America be a land in this country is owned by the ures. scenic river? And, if it is, how are we Federal Government. We are markedly The second amendment we offered, going to cross them with utility lines, increasing that by 2.2 million acres in having been through this crush of en- power transmission lines, natural gas this bill. We are going to threaten ergy price escalation, what we did was lines, coal slurry lines, bridges, roads? property rights. We are going to use to prohibit new restrictions on Amer- How are we going to do that? We can’t. eminent domain. We are going to use ican exploration and production—new Yet the goal of some is to make every- very sophisticated and poised sleight- restrictions; have not changed any of thing, every river, a scenic river. Now of-hand zoning requirements to change the old ones; we just said: Let’s not put is not the time for us to do that be- land that is not owned by the Federal any more roadblocks in the way right cause it will limit our ability to Government—to change the ability of now until we have a cogent energy pol- achieve greater energy independence. the owner of that land to use that land icy that does not put us at the mercy Those are not just threats. A 2001 if we pass this bill. of the nations that would like to see us lawsuit was filed against the U.S. For- There are about 40 of the bills in this destroyed. That is all we said: Let’s not est Service for failure to protect wild bill that we don’t have any problem hurt ourselves any worse. and scenic rivers in Arizona because a with. They make sense; they don’t cost But let me show you what occurs in transmission line was coming across a a lot of money; they accomplish some this bill 19 times. Here is what it says: of the things that are a priority. Let 30-yard segment of it. Guess what hap- Subject to valid existing rights, all Federal pened. We didn’t build the transmission me spend a minute, if I might, just land within this proposed area is withdrawn line, so power was not made available. talking about the amendments we were from all forms of entry, appropriation or dis- As we think about wind energy and going to offer had we had the ability to posal under the public land laws (in other solar energy, especially in the South- offer them. I note again, since July 16 words, we can never sell it) location, entry

VerDate Nov 24 2008 01:06 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.018 S09JAPT1 jbell on PROD1PC69 with SENATE S248 CONGRESSIONAL RECORD — SENATE January 9, 2009 and patent under the mining laws, or disposi- take away property rights, it is not problem is, I read the bills and I put a tion under all laws relating to mineral or going to be long before we lose other test on them: Are they a priority? Are geothermal leasing. rights. Simple, straightforward amend- they a necessity? Are they something It says that 19 times. What we have ment, vote it up or down, but at least that lessens our debt? Are they within done is we have completely excluded let the American people see where you the role that has been granted to us any ability to get any energy. The abil- stand on property rights for them. under the enumerated powers of the ity for us to solve our energy problems How about an amendment, very Constitution as something we ought to over the next 20 years is being tremen- straightforward—the Federal Govern- be doing? If they are not, I am not try- dously hampered by this bill. That does ment does not know what it has and ing to stop the bill; all I am saying is, not include the 2.2 million acres that what it does not have. How about an bring it to the floor and let’s have are added to the wilderness area. annual report detailing the amount of some debate and amendments on it. Amendment 3 to strike the Wyoming Federal property the Federal Govern- And what we have seen is that there is Range leasing withdrawal provision—if ment owns and the cost of Government something wrong if you won’t, in the we can extract natural gas and oil and land ownership to taxpayers. As an dark of night, let bills go through that do it in a totally clean, environ- aside, we do know the Federal Govern- the American people never hear any- mentally friendly way and we know we ment is currently holding about $20 bil- thing about. Well, the American people have 300 million barrels of oil and 8.8 lion worth of property that is costing need to hear about it all. This stuff all trillion cubic feet, probably closer to 15 them about $4 billion a year to main- needs to be online. trillion cubic feet of proven reserves tain that they do not want but we can’t There needs to be 30 Senators here now, why would we take that away? sell. And last year, property disposal today debating this. Instead, we are Why would we do that? Tell me how it legislation failed to go through this not. And we are going to let status quo, makes sense to tell OPEC: Keep doing body, even though it costs us $4 billion poor priority, lead us down the path to what you have been doing through the a year. Common sense. where we do not have the courage to do years because we know we have some How about to make sure we can al- what is necessary to fix what is wrong oil, but we are never going to touch it. ways have a hunting preserve in this in our country. And this is symbolic of In the fields around this Wyoming country, to limit the restriction on what is wrong, is that we do what is po- Range, we know there are another 30 hunting activities as far as the land litically expedient rather than what is trillion cubic feet of natural gas. use on Federal lands with reason, con- in the best long-term interests of our Locking the resources away is not a trol. We have lots of Federal lands that country. partisan issue. My colleague from Lou- are overpopulated with species that I have already readily admitted there isiana, Senator LANDRIEU, claims this need to be thinned. Yet we limit the are several, maybe 60 bills I have no bill is moving us backward, not for- ability of sportsmen to address that. problem with; I think they are a pri- ward. There were several others. We do not ority. But when they are packaged to- Amendment 4 was to strike the $1 expect to get all of those amendments gether, that takes away property billion and counting for 500 salmon. or the rights for those. As a matter of rights, that eliminates our ability to Amendment 5 was to not spend $3.5 fact, if the record is right, if you look be independent in terms of energy in million on a birthday party for St. Au- at what the last 6 months have been, the future, and that blocks the ability gustine, FL, even though it is not di- the minority will get one amendment to take alternative forms of energy and rected at—Florida beat Oklahoma last over the next 6 months. We represent create transmission lines so that we night. It is kind of hard for me to offer over half the population of this coun- can use it somewhere after we produce that today thinking that is just re- try in the greatest deliberative body in it. I am going to stand up every time— venge, but I wrote this long before we the world. every time. As a Senator representing lost that game. So how are we to rebuild confidence 3.8 million people from Oklahoma, that Cut the $200,000 for a tropical botan- in this country? Is it by packaging 134 voice is going to be heard; it is not ical garden in Hawaii. Should we be bills together and ramming them going to be stifled. It may not have an spending $200,000 on a tropical botan- through because everybody has some- amendment, but it is going to be heard. ical garden right now? I mean, does it thing in it? Even though some of them This country is worth us fighting for. make sense to anybody in America, may be very much a priority, the rest And this is not worth our priority at when we are going to have a $1.8 tril- of them do not have and do not pass this time. At the dilatory state we find lion deficit, that we just throw $200,000 the priority test. Is that what we are ourselves in, we ought to be about big- out there for a botanical garden? Is about? Is that going to build con- ger and better things that really im- that a priority? I am not suggesting fidence in this country? Is that going pact people both in the long run and that we abandon everything, but what to restore the American people’s con- short run and get us out of the prob- I am suggesting is that we ought to be fidence that we are up to the task of lems we are in. about priorities, and I cannot see that attending to the very real and prac- I yield the floor, and I suggest the ab- as a priority at this time. tical, severe needs of this country at sence of a quorum. How about a cave institute in New this time? Is this something President- The PRESIDING OFFICER. The Mexico to receive unlimited Federal elect Obama would say: This is the clerk will call the roll. funding, an authorization that puts no first thing I want you to pass out of the The assistant legislative clerk pro- limits on this funding. What happened Senate in terms of a priority. It would ceeded to call the roll. is this used to be a Federal program, not even pass his smell test. Mr. INHOFE. I ask unanimous con- but it could not take private money. My hope is that we go forward, but sent that the order for the quorum call So they took it and made it to where it that as we go forward, we do it in a be rescinded. was a private program, hoping to get way that the American people would The PRESIDING OFFICER. Without matching money from Federal grants. like to see us do. The goal is not to objection, it is so ordered. Well, they were not successful in get- delay, the goal is to make the point Mr. INHOFE. I ask unanimous con- ting matching money for Federal that we ought to have an option to sent to speak in morning business for grants, so now we are going back and amend and debate bills. These bills got whatever time I shall consume. saying it is going to be a Federal pro- here because they were trying to be The PRESIDING OFFICER. Without gram and it gets all the Federal money passed without any debate, with no objection, it is so ordered. it wants. Is it a priority for us to have amendment, passed by a procedure CLIMATE CHANGE a cave institute right now? I do not called unanimous consent. Mr. INHOFE. Mr. President, yester- think it is a priority. It is important that the American day I spent over an hour on the floor An amendment to limit Federal em- people know what that is. Unanimous talking about a report that we put to- ployees from using eminent domain to consent is where a bill comes to both gether that is pretty incredible, the take away the private property rights cloakrooms, whether it has gone numbers of scientists coming forth now of American citizens. We either have a through committee or not, and it is who were always on the other side, or right or we do not. But the more we said, can we pass this bill? Well, the 10 years ago were on the other side of

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Let’s ing riots in the streets throughout the the appearance of it being there be- assume that. So the debate started, world talking about having to do some- cause the National Academy of and we talked about the economics of thing or we are all going to die. I spent Sciences and the United Nations all the issue. Even assuming the science is more time than I should have on it be- said the science was there, the Inter- there, we defeated that by a huge mar- cause it deserved the time. But I had to governmental Panel on Climate gin. In fact, BARBARA BOXER was han- read a lot of the stuff. I know you go to Change, something started by the dling the Democratic side. They only sleep when you think about things like United Nations—I hasten to say I have had 37 Democrats committed for final this, and it does get to be heavy lifting. never been much of a fan of the United passage. That is a big change from 2005. What I am trying to say is, we need to Nations to start with. Maybe I am a Now we have something where every- view this with a fresh look because so little bit biased in this analysis. When body is assuming that it is going to many things have happened. they put together the Intergovern- pass because the Democrats have con- It is going to be difficult for many of mental Panel on Climate Change, they trol of everything. They have the my colleagues whom I deeply respect did so for the purpose of trying to do White House, the House, and the Sen- who crawled way out on the limb say- something to force the whole world to ate. I remind them not to get too arro- ing it is manmade gases and we will be involved and say: This is a world gant because we went through the have to have expensive cap-and-trade problem that we will have to correct. same thing, or they went through the solutions to the problem; they now are This is just a suspicion I have. Every same thing in 1992, and things turned facing a very liberal constituency that once in a while the United Nations out pretty well after that. is saying: Wait a minute. Now we have comes out with something that totally If you look at where the attitudes of the White House, the House, and the contradicts our interests. My good people are right now, that we are going Senate. We have everybody lined up on friend from Alabama and several of us to be passing something, I wouldn’t get this issue, as if it is a done deal, a fait put together resolutions. These resolu- too far ahead. What we are trying to do accompli; we are now expecting you to tions say we will withhold 20 percent of and what I did yesterday—and I took come forward. our dues to the United Nations unless far too long in doing it—was talk about This is totally ignoring the fact that they reverse their position. The United the size of the tax and the fact that the everything has changed from what it Nations doesn’t like that. They would tax is going to be a regressive one. was before. Last year we had the like not to have to answer to anyone. I have to say also that I was one of Lieberman-Warner bill. Let’s go back Consequently, if they could ever get in the few people who actively opposed further than that. Let’s go back to the a situation of global taxation, which is the $700 billion bailout. Again, when we original Kyoto Treaty. Quite frankly, what they have openly been promoting relate that to each family that files a way back 7 years or so ago, when I be- for many years, they would be in a po- tax return, it is about $5,000 a family. came chairman of the Environment sition not to be accountable to anyone. That was giving an unelected bureau- and Public Works Committee, all we This is kind of what happened. So crat the sole control over $700 billion. ever heard was that manmade gases this was the Kyoto Treaty. One of the things I don’t like about were causing global warming and, Fastforward then to 2003 and 2005 that, not only was it the wrong thing therefore, we have to do something when we had two bills, the first of to do, but that also got people chang- about it. which was McCain-Lieberman. Those ing their thinking as to these large Frankly, when the Kyoto Treaty was bills were also cap and trade. Cap and numbers. Now that $300 billion a year first suggested, I was one who thought trade costs about the same amount of that it would cost us, if we had a cap- it must be true because that is all we money. This is very interesting. You and-trade policy, doesn’t seem nearly heard in the media. When I became will hear a lot of people during the that big. But it would be, and it would chairman, I knew that I would have an next few months say: We want some be regressive. impact on the decisions that were kind of controls on CO2. But we are not The argument on the other side is, made that would concern global warm- going to do it in a way that will cost a you may be right in the regressive na- ing. I thought at that time it was lot of money. We will have offsets. The ture of a tax because everybody has to something we should address. bottom line is, it is going to cost about buy energy. Everybody has to buy gas- Then the Wharton School of Econom- the same $300 billion regardless of what oline and heat their homes, so a larger ics came out with the Wharton Econo- scheme we adopt and how we massage percentage of the expendable income of metric Survey. This was something it. someone who is in a lower income is that was pretty well done, and it is I have to say, there has been an going to be far greater than it would still out there. In fact, I have a Web awakening in the last few years. In 2005 have been otherwise, but we can take site, epw.senate.gov. If you access that, there were only two Senators who care of that by redistribution of wealth you can see this in more detail than came to the floor and helped me. I was toward low-income consumers. They you probably really want. If you are the one, as chairman of the Environ- have actually said that. That sounds a not a believer in the cost of this issue, ment and Public Works Committee, little bit un-American to me. Keep in then you would want to do that. The who was charged with fighting this mind, if we are talking about redistrib- Wharton Econometric Survey asked: issue. It was on the floor of the Senate uting wealth, somebody has to create What would it cost the United States if for 5 days, 10 hours a day. That is 50 wealth before it can be redistributed. we were to ratify the Kyoto Treaty and hours. We only had about 3 hours of Right now—and we are looking at the live by its emission requirements? other Senators coming to assist me. figures going around now—there will They came to the conclusion that it Now fastforward to 2008. That was the not be a lot of wealth to redistribute, if would be in the range of between $300 Warner-Lieberman bill. We had 25 Sen- we get to that point. to $330 billion a year. I always hesitate ators, including the Senator in the Anyway, that was the main argu- to use figures such as that because it is Chamber presently from Alabama, who ment I was using yesterday and have hard for people to conceive how that came down to assist in this debate. used up through the last 7 years. I have affects them. What I normally do is That is a huge difference. We resound- had occasion to give 13 rather lengthy take the number of families in America ingly defeated that bill, mostly on the floor speeches on the science on global who file tax returns, and then I do the economic arguments, not on the sci- warming. What I did yesterday was use division. That $330 billion a year it entific arguments. this report that we put together of the would cost us to comply with the trea- When we started the debate, I said: I 650 very top international scientists ty comes out to be almost $3,000 a fam- don’t believe the science is there. Evi- who refute all the arguments used

VerDate Nov 24 2008 01:06 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.022 S09JAPT1 jbell on PROD1PC69 with SENATE S250 CONGRESSIONAL RECORD — SENATE January 9, 2009 heretofore. I would like to concentrate Panel on Climate Change—report is He is the one who was marching in the for a moment on some of the left-of- called a Summary for Policymakers. streets with Al Gore 10, 15 years ago. center scientists, environmentalists, We never saw the report. We just see Claude Allegre is recognized by every- and activists we are talking about, the the summary. That was put together one. He has now totally reversed his so-called consensus. by 52 scientists who are pretty much position. He was the top guy in France. The Huffington Post is a left-leaning owned by the politicians who are want- With Dr. David Bellamy from the UK, publication. We all understand that. ing to come to these conclusions. it is the same situation. He was on the Harold Ambler was demanding an apol- So if you canvas the scientists now in far left side of this issue. He has come ogy from Al Gore for promoting un- Canada who came out with a report around. founded global warming fears. The just recently—51,000 Canadian sci- I have all the quotes by these individ- Huffington Post article accused Gore of entists—68 percent of them disagree uals. There is not enough time to read selling ‘‘the biggest whopper ever sold that global warming is a science that is them. The same thing is true with Nir to the public’’ in American history. settled. At the same time, you have the Shaviv. Nir Shaviv was a scientist in We see a former Greenpeace member same percentage—and this came from Israel who is now quite outspoken in who was in Finland. His name is Jarl the International Geological Congress his opinion that the science just flat is Ahlbeck. He says there has been little which just had their meeting in Nor- not there. or no global warming since 1995. This is way—an overwhelming number of the Ecologist Dr. Patrick Moore, he was interesting. Everyone is talking about scientists were skeptical. Two-thirds of a founder of Greenpeace and has now global warming. We are in a cooling the presenters and question askers joined the ranks of the dissenters. He spell now. It has been that way since were hostile and even dismissive of the said: the turn of the century. Nobody argues U.N. IPCC report. So the same two- It is clear the contention that human-in- that. I am sure that upset a lot of peo- thirds keeps reappearing in terms of duced CO2 emissions and rising CO2 levels in ple, the promoters, because it is kind of what the scientists are saying about the global atmosphere are the cause of the hard to be talking about some very ex- this issue. present global warming trend is a hypothesis pensive scheme to fight global warm- Now, yesterday, I did not get into that has not yet been elevated to the level of a proven theory. ing when we are going through global this, but if you look at those scientists cooling. who are on the left side, Dr. Robert So this goes on and on and goes over Nonetheless, we have all types of peo- Giegengack, the former chair of the many of these areas. I think even some ple, and I cited a long list of them, who Department of Earth and Environ- of the mainstream media has begun to say we are in the middle of this cooling mental Science at the University of take notice of this issue. An article in period right now. Pennsylvania, actually was a strong Politico noted the other day—that is a Going into the liberal side or the left- Gore supporter in the 2000 election. He paper we are all familiar with in the leaning scientists, one of them is Mar- now states that global warming does Senate—that a ‘‘growing accumula- tin Hertzberg, a meteorologist with a not even qualify as 1 of the top 10 envi- tion’’ of science is challenging warm- Ph.D. in physical chemistry. He said: ronmental problems facing the world. ing fears, and added that the ‘‘science As a scientist and life-long liberal Demo- This is not me or any other Senator behind global warming may still be too crat, I find the constant regurgitation of the talking. This is one of the far left lean- shaky to warrant cap-and-trade legisla- anecdotal fear mongering clap-trap about ing environmental scientists. tion.’’ human-caused global warming to be a dis- With Alexander Cockburn it is the Canada’s National Post, which is al- service to science. same situation. He is a maverick jour- ways promoting cap and trade, is now You have some of the punishment nalist who leans left on almost all top- saying ‘‘the number of climate change that has been covered in this report. ics. He lambasted the alleged global skeptics is growing rapidly.’’ They talk about how they no longer warming consensus on a political Web So I leave with three thoughts: First can get grants from various organiza- site called counterpunch.org, arguing of all, the left is now abandoning the tions, whether it is the Heinz Founda- that there is no evidence that humans whole global warming fear concept, and tion or others, unless they go along are causing the rise in global tempera- we have all the names. I can recall with their philosophy. ture. This gets to the intimidation fac- when we had our 2-hour session with The other argument that has come tor. He said: former Vice President Al Gore, and I up that we want to use and make sure I have been treated as if I have committed never saw any sweat coming off his everybody understands is, even if you intellectual blasphemy. forehead until we started talking about are a believer that manmade gases Alexander Cockburn stated: people such as Claude Allegre, David Bellamy, and Nir Shaviv, who were al- cause climate change, global warming, This turn to climate catastrophism is tied the things we are looking at now and into the decline of the left, and the decline of ways on his side before. the things we looked at after Kyoto, the left’s optimistic vision of altering the Second is the cost. If you do not want Kyoto actually made more sense than economic nature of things through a polit- to use my $300 billion-a-year tax in- some of the bills I have been talking ical program. crease figure, use the figure that was about that happened in 2003 and 2005 I guess what he is saying is, these in- used in the Boxer-Lieberman-Warner and 2008 because that would single out tellectuals, any of these scientists who bill last year. It was $6.7 trillion. the United States and say: This is what were formerly on the far left side who The third thing to keep in mind has we are going to do regardless of what have come over—as most of them now to do with Kyoto. It would have been they do in China and Mexico and India have; more than 50 percent of them bad enough, but for us to do it unilat- and other countries. have—are beat up pretty badly by the erally would really be a very bad idea. So, obviously, if we did it, and we had scientific community, or at least by I would suggest people go to a Web this punitive tax arrangement, that the National Academy of Scientists. site. I have the Web site: would drive our manufacturing base Another left-leaning individual is epw.senate.gov/minority. ‘‘EPW’’ overseas to places where they wouldn’t Denis Rancourt, professor of physics stands for Environment and Public have this heavy expense. Consequently, and an environmental science re- Works—epw.senate.gov/minority. I it would be going to countries such as searcher at the University of Ottawa. have a lot of documentation there for Mexico and China where they have al- He stated that the global warming anyone who might be interested in the most no restrictions on their emis- campaign does a disservice to the envi- truth, not that that always produces a sions. It would have a net increase on ronmental movement by beating this lot of interest around here. the amount of CO2 going into the at- drum. He is a big environmentalist. BAILOUT AND JOBS mosphere. When, obviously, the science is not Lastly, Mr. President, I want to go As to the manual we have with over there, it is doing a great disservice, and into one other thing unrelated, and I 650 scientists, I would like to suggest I think that is right. do not want to use too much time be- to you that you compare that to the Then you get into the three I like the cause others want to speak. IPCC reports. The IPCC—that is the best. Dr. Claude Allegre is a socialist. I have said—I do not think it is un- United Nations Intergovernmental He is one of the top French scientists. fair, at least in my mind—that as to

VerDate Nov 24 2008 01:06 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.023 S09JAPT1 jbell on PROD1PC69 with SENATE January 9, 2009 CONGRESSIONAL RECORD — SENATE S251 this whole idea of the $700 billion bail- on infrastructure. That is nothing, $25 On Monday, I am going to elaborate out, 75 percent of the House and the billion out of $1.2 trillion. a little more on our opportunities that Senate supported this legislation. Let’s Now, I would say this: My good we have for infrastructure. I have been keep in mind that was to give an friend, JIM OBERSTAR, over in the ranked most of the time as the most unelected bureaucrat the power to do House of Representatives, with whom I conservative Member of the Senate, with the first half of the $700 billion served on the Transportation Com- and yet I am a big spender in some anything he wanted to do. mittee for 8 years before coming over areas. One is in national defense, but In fact, when Secretary Paulson—he here, has come up with a much more another certainly is in infrastructure. actually said at one time: I promise ambitious portion of it. That is what we are supposed to be this is going to be used to buy damaged Now, if we are going to spend money doing. assets. Well, we found out that, obvi- for a stimulus bill, let’s spend money I think we have an opportunity to do ously, 3 our 4 minutes after he received on something that will actually come what we are supposed to be doing and the money, it did not go to that. I have up with some jobs. I am not saying I at the same time produce jobs, and heard, and just this past Wednesday an want to spend all this money, but if it that will be my intent. I plan to talk economist gave a presentation, that if is going to be spent anyway. about this in more detail on Monday. we had used that for the intended pur- I do not want to play down the whole With that, I yield the floor. pose, it might have had an effect. They idea of tax relief. We all know—we The PRESIDING OFFICER. The Sen- contend this did not have any effect at have learned from experience—what ator from Alabama. all on what has happened. can happen if tax relief is done in the Mr. SESSIONS. Briefly, Mr. Presi- So with the concern that several of right way. We all remember what dent, I see the Senator from Hawaii is us have, I would only like to say that Woodrow Wilson did after World War I. in the Chamber. I see he has some re- it has fallen on deaf ears. But I have He decided to cut taxes because the marks, and I would be pleased to yield been trying to get Members of this war was over. He did not need them to him and would ask unanimous con- body to understand—I am talking anymore, and he expected revenue to sent that I be recognized after he has about Democrats and Republicans; we drop down. It did not. It increased. full opportunity to make any remarks have some Democrats, such as BERNIE A very smart President of the United he desires. SANDERS, who do understand this—and States, in the 1960s, John Kennedy, The PRESIDING OFFICER. Without that is, the concept of giving the said—this is an exact quote—we need objection, it is so ordered. money to an unelected bureaucrat is more money for the Great Society pro- The Senator from Hawaii. wrong. grams, and the best way to increase Mr. AKAKA. Mr. President, I ask This is something we can do now on revenue is to decrease marginal rates. unanimous consent to speak as in the second half of the $350 billion that So he decreased rates, and it increased morning business. remains. They spent every cent of the revenue. The PRESIDING OFFICER. Without first $350 billion. As to the second $350 Remember in 1980, the total amount objection, it is so ordered. billion, if we leave the law like it is of money that was raised from mar- Mr. AKAKA. Mr. President, I thank today, they can come forward and say ginal rates was $244 billion. In 1990, it my colleague for giving me this oppor- this: Well, I want to have the other $350 was $466 billion. That was during the tunity to speak at this time. billion. I am going to spend it on this 10-year period that had the largest tax TRIBUTE TO SENATOR ROBERT BYRD and this and this—and maybe not even reductions in the history of this coun- Mr. President, this year marks my talk about the whole amount. They try. 19th year in the Senate, a mere frac- may be very uncertain as to what he is So we know we can stimulate the tion of the time served by my esteemed going to use it for. But then the only economy. I fear that is not going to be colleague and good friend, Senator way to stop that would be to pass a res- that type of tax reduction if we just ROBERT BYRD, the Senator from West olution of disapproval. merely have a redistribution of wealth Virginia. Now, it would be very difficult to and give money to people who do not Senator BYRD has been a Senator as pass a resolution of disapproval. In pay taxes. That is not going to do it. long as Hawaii has been a State—50 fact, for obvious procedural and other So I say that because if tax relief were years. I rise here today to pay tribute reasons, it could not be done. What I done properly, I would not be standing to this great human being, this great have proposed, in S. 64, is to make a here and saying we ought to have a man, this great Senator, who has modest change in that law, and instead larger percentage of this spent on in- served for those many years here for of saying it is going to automatically frastructure. We have huge critical our country. His contributions are well pass unless a resolution of disapproval, needs in the United States on our in- documented, his influence legendary, in a 15-day period, is successfully frastructure. We are in a position right and his grasp of history and knowledge passed, say that you have to come for- now where we had passed the last au- about our democracy and our institu- ward and show us what it is going to thorization bill, and it was a $286 bil- tions is without equal. be, how you are going to spend the lion bill in 2005. That was the transpor- It is my great honor to serve along- money. tation reauthorization. We are going to side the distinguished Senator BYRD. I I have been trying to get more spon- do it again. But if we could get a run- consider him my Senate mentor. He sors on this legislation. As I say, I al- ning start and spend some of the has been a mentor for many of my col- ready have some Democratic sponsors, money that is going to be spent any- leagues. He has taught me much, both and I applaud them for having the way on providing jobs immediately, we trivial and profound. For example, one courage to come out and say: We want have $80 billion ready to go right now of the first things he told me was to al- accountability. We don’t care who it is for jobs, where we could have the spade ways wear my pin while at work. In the in the White House, we need to have in the dirt tomorrow. early years, it helped distinguish me accountability. Then we have the categoric exclusion from all the other people wearing suits So as we get toward the bailout bill, projects that are out there in addition at the Capitol. So as Senator BYRD can the last thing I want to mention is to this. Those are projects that do not see, I learned that lesson well, and I do something I have very strong feelings increase capacity, do not increase the wear my pin every day. He also taught about, and that is this: The figures I footprint, but just maintain some of me the intricacies of presiding over the have heard—and at this point I do not the crumbling bridges and infrastruc- Senate. He said: Speak in sentences, think anyone can intelligently say ex- ture that is out there. So all that can and don’t take any of your work with actly what the bailout bill is going to be done. I think Gary Ridley is the best you to do while you are presiding. I be—we have heard figures batted director of highways anywhere in have done that when I did preside. His around about $1.2 trillion, huge America. He is our highway director in point was respect for the Senate as an amounts of money. But the report I got Oklahoma. We have, just in our State, institution. from the President-elect’s team, they one billion dollars’ worth ready to go As I mentioned, I have learned a lot talked about out of $1.2 trillion, only right now. So this is what we want to from Senator BYRD, but I chose to $25 billion in total investment would be do. share with my colleagues those two

VerDate Nov 24 2008 01:06 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.024 S09JAPT1 jbell on PROD1PC69 with SENATE S252 CONGRESSIONAL RECORD — SENATE January 9, 2009 lessons, as simple they may seem, so They got those votes, and eventually bill and you think it is perfect, but I they can appreciate how much he cares the bill passed with 83 or 87 votes, I have a different view. I think this part about his colleagues and the Senate. have forgotten which. That is what of it ought to be fixed. I have an For him, no detail is too small and no this body is capable of doing and amendment, and I want a vote on it to challenge is too big. should do much more often. see if my colleagues agree with me. We Many know that Senator BYRD usu- Let me go back to what has happened have gotten in the habit of denying ally carries a copy of the U.S. Con- here. Senator COBURN has objected to this opportunity. stitution in his pocket and frequently various pieces of legislation. They If anybody thinks this is such an in- displays it to make a point. It is an ap- asked unanimous consent that the bill significant matter—when we passed propriate place; it is close to his heart. be passed without amendment and ba- last fall, over my objection, the finan- Senator BYRD, God bless you abun- sically without debate. That is what cial bailout, the $700 billion bailout, I dantly, and congratulations on 50 years the request is. Senator COBURN has think I can say without fear of con- of distinguished service to the people said: Well, I have an amendment. I tradiction it was the greatest expendi- of West Virginia and the United States. don’t like section such-and-such. I ture in the history of the Republic or Thank you for all you have done for don’t approve of provisions in this bill allocation of Federal money in the his- me. I cherish your friendship and look that will restrict further our already tory of the Republic. Not one amend- forward to our continued work to- restricted ability to produce oil and ment was allowed. Blame it on Presi- gether on behalf of our great country. gas in America, for example or I don’t dent Bush. Blame it on President Bush, Mr. President, I yield the floor. want to see that become law or I think but the Democrats had the majority in The PRESIDING OFFICER. The Sen- that expenditure in the bill is unac- the Senate. I didn’t support it. I would ator from Alabama is recognized. ceptable and it ought to be eliminated have been delighted to stand with them EROSION OF SENATE TRADITIONS or cut substantially or my constituents to object to the breadth of this bill, the Mr. SESSIONS. Mr. President, I think this is not good policy for Amer- lack of control that was exercised over thank Senator AKAKA for his com- ica, and I wish to at least be able to $700 billion in taxpayers’ money. But ments about the Senate and Senator offer an amendment to it. Well, the Senator REID brought it up in a fashion BYRD, and I would share those. Cer- powers that be are not comfortable that allowed no amendments, and they tainly it is a good lead-in, I think, to with that. It has been done during Re- rammed it right through the great Sen- the remarks and thoughts I wish to publican times, but it has gotten to the ate of the United States, and we com- share right now. high-water mark now, where the lead- mitted this country to $700 billion in In the Senate, individual Senators ership of the Senate systematically de- expenditures and guarantees. have traditionally had substantial pow- nies people the right to vote. Well, how did it work out? Most ers to participate in the debate and to I was really taken aback that Sen- economists now tell us that using that offer amendments to improve legisla- ator COBURN has announced that not a money to buy stock in banks, private tion. The Senate has been described as single amendment has been voted on in banks, to buy stock—$100 billion-plus— the saucer which allows the hot coffee this Senate since July. How can that in a big insurance company with tax- to cool, and I think that is a good de- be? It is unthinkable to me that that payers’ money has not helped the econ- scription. has been the case, but I can’t remem- omy. Had the money been spent on I have been very concerned that Sen- ber any. I know they were able to ram buying toxic assets, as promised, it ator COBURN of Oklahoma, who has de- through a $700 billion TARP financial might have worked. At least we would sired to offer just one or two amend- bailout without an amendment. Un- have been further along in the game. ments to legislation that is pending in thinkable. Why did that happen? Secretary the Senate before it becomes automati- So I think the history, the integrity, Paulson told us he wanted to buy toxic cally passed into law, has systemati- the traditional role of the Senate is assets. He told us he didn’t want to buy cally been denied that right and has being eroded because leadership does stock. He was asked about that in the been held up as someone who does not not want votes. They don’t want their House committee. He said: No, I don’t respect the body and is doing some- members to have to take tough votes. think we should buy stock. But one thing wrong. I think that is a very bad That is what you hear. They want to thing Secretary Paulson told the Con- analysis of the principled stands he pass bills quickly—let you have a little gress—and I was stunned by it, really— takes. I think he is one of the finest say and then pass the bill, but nobody he said it publicly and repeatedly: I Members of this Senate. He has the odd really gets to try to offer amendments want maximum flexibility to do what I belief that a Senator should actually to make the bill better and anybody think is necessary to fix this economy. read the legislation, and if it can be who insists on that is obstructing. That is what this Senate gave him. improved and should be improved, a So basically what has happened in Within a week of getting $700 billion to Senator has an obligation to offer an this body is that we now have a public buy toxic mortgages to try to stabilize amendment to fix that, and he has lands bill that has attached to it some the housing market, he was spending done so. However, as we know, Sen- of what Senator COBURN has objected the money to buy stock in banks and ators have gotten into the habit of be- to, and they want to move the bill insurance companies—directly con- lieving that if they have produced a without any amendments. I don’t think trary to what he said. piece of legislation and it is essentially that is right. All I am saying to my colleagues is a piece of legislation that a lot of peo- Let me just say this about Senator that the Senate is a great body. I am ple would agree ought to be passed COBURN: He is a medical doctor. He just commencing my third term. I re- without any debate and/or without, works extraordinarily hard. He is high- member when I first came up here and certainly, any amendments—and the ly intelligent. He has been a successful I attended a luncheon and they asked majority leader, who I have to say is businessman, an inventor, and one of me to say something briefly. The words going to have to watch this and is the smartest Members of this body. He I recall saying were that I can think of going to lead continued activity in this campaigned in his State that he was no greater honor than to represent the area—to deny the fundamental right of going to read the legislation that people of Alabama in the greatest de- Senators to debate and vote to improve comes before this Senate and he would liberative body in the history of the legislation cannot continue without work to make it better. He committed world. That is this Senate. But we are causing very serious disruption of the to his people that he would work to eroding that tradition, that heritage. If body because it changes the historical control wasteful Washington spending. we can’t have amendments, it can no nature of it. I think almost every Member of the longer be called the great U.S. Senate. I participated in a bankruptcy bill. It Senate has said the same; the only dif- I think Senator BYRD can’t help but be was my subcommittee. We passed the ference is he does it with a tenacity uneasy about these trends in the Sen- bankruptcy bill. It took several weeks. and a courage and an analytical ability ate he has so loved and served for so It was an important piece of legisla- that few of us possess. He is willing to long. tion. We had 39 votes asked for by the come down here and ruffle feathers by We ought to be appreciative of Sen- Democrats, who were in the minority. saying: I know, Senator, you love this ator COBURN from Oklahoma for taking

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We ought not create a freight train de- Almost all of the bills that were re- There are also approximately 18 spe- signed to run over him and to silence ported from our committee were re- cific authorizations for local and re- and muzzle him and to deny him the ported on a unanimous vote. In cases gional projects that enhance water use ability to offer amendments. That is where there was not a unanimous vote, efficiencies, that address infrastruc- what we are about. we have made further modifications in ture that is in disrepair, that provide a There is no reason for us having to some of those bills in an effort to ad- sustainable supply of water to rural vote on Sunday except the majority dress remaining concerns. communities, and conserve water to leader has insisted on it and tried to Collectively, the legislation that is promote environmental health and al- blame Senator COBURN. If we are going before us or that we are going to vote leviate conflicts that arise under the to stay in session until Sunday, why on whether to proceed to is one of the Endangered Species Act. are we not voting? Why don’t we have most sweeping conservation laws that The overall understanding of our some votes? What are they afraid of to has been considered by the Senate in critical water resources, including the have a vote? I am serious. What could recent years. It will designate over 2 impact of climate change on our water be so fearful about casting votes? Isn’t million acres of wilderness in nine dif- resources, is also promoted by provi- that what we were sent here to do? We ferent States. It will establish three sions in this legislation. know on every vote, we are going to new units of the National Park Sys- Finally, I note that the bill will re- make somebody unhappy. The Senate, tem, a new national monument, and duce the workload of water lawyers in since the founding of the Republic, has three new national conservation areas. the West by ratifying three extremely found it acceptable to vote. Why are we It will codify the Save America’s important water settlements in the stopping voting now? Treasures and Preserve America his- States of California, Nevada, and New I want to be counted in his favor. I toric preservation programs. Mexico. These settlements, involving know the legislation before us today In addition, it will designate over Indian tribes, agricultural and munic- has a number of good provisions in it. 1,000 miles of new additions to the na- ipal water users, environmental inter- I support some of them, and some of tional wild and scenic river system, in- ests, and the applicable States them- them I have worked hard to support cluding several hundred miles in Wyo- selves, will resolve decades old litiga- tion in a manner that is consistent and see they are in the legislation. I ming that are dedicated to our late with Federal responsibilities and with don’t think it is a horrible piece of leg- friend and colleague, Craig Thomas, the broad support of diverse interests islation. But just as a matter of proce- and will help protect 1.2 million acres of the Wyoming range. This is in large in each of these situations. dure, we ought not to deny good Sen- As most who are familiar with the part due to the leadership of Senator ators the right to offer amendments. I history of western water can attest, it BARRASSO, who is on the Senate floor object to that procedure. is a near impossible task to bring com- I believe we will have to confront and intends to speak following my re- peting interests together to agree on marks. this change in the procedures of the long-term solutions. That has been The bill designates four new national Senate because we are going to wake achieved in this bill, and this bill en- scenic or national historic trails, en- up and find it is not the same Senate sures that the Federal Government will larges the boundaries of several exist- we used to know. be a full partner to help implement I yield the floor. ing units of the National Park System, reasonable solutions to complex water The PRESIDING OFFICER. The Sen- and establishes 10 new national herit- issues. ator from New Mexico. age areas. It establishes in law the Bu- I think it is important to note the Mr. BINGAMAN. Mr. President, I reau of Land Management’s National lengthy public process associated with wish to speak a few minutes in support Landscape Conservation System and many of the individual bills in this of the motion to proceed to S. 22, the the collection of national monuments package. Many of these land and water Omnibus Public Lands Management and conservation areas that are admin- bills began as an effort by local citi- Act. istered by the BLM. zens to resolve important resource S. 22, which I introduced earlier this The package is not just about new issues within their States. In many week, is a collection of over 160 bills. designations. The bill authorizes nu- cases, local working groups were Primarily, they are bills that came out merous land exchanges and convey- formed and discussion took place over of our Committee on Energy and Nat- ances to help local communities a period of years, before a local con- ural Resources. The question before us throughout the West. It includes sev- sensus developed. is whether the Senate should proceed eral provisions to improve land man- Following all of that, many of these to consider the bill. I strongly believe agement, such as the Forest Landscape proposals then spent additional years we should, and that is the vote the ma- Restoration Act which will facilitate under consideration in Congress, often jority leader has scheduled us to have collaborative landscape-scale restora- with further negotiations and modi- on Sunday. tion to help reduce fire risk and fire fications. In my opinion, this is exactly Although S. 22 itself is a new bill, the costs and provide new forest product the way the legislative process should individual pieces of legislation con- jobs. work, and this process reflects why tained in it and incorporated in it are Another example which is in my there is such strong local support for not. This package includes 159 bills home State of New Mexico, the bill will many of these provisions. which were considered by our com- reauthorize the Rio Puerco Manage- Based on the action of our committee mittee during the previous Congress. ment Committee. This committee has last Congress, there is also strong bi- Several of the bills in the package have become one of the most effective col- partisan support in the Senate for the even been considered in one or more laborative land management efforts in bills in this package. I commend the Congresses prior to the previous Con- the Southwest which, for more than 10 majority leader for his commitment to gress. years, has helped to facilitate the res- pass this bill in such a timely manner, Let me make the obvious point that toration of the highly degraded Rio and I urge my colleagues to support needs to be understood by everyone Puerco watershed, which is a major the motion to proceed and, following paying attention to this issue. This is tributary leading into the Rio Grande. that, passage of the legislation. not a partisan bill. The bills in this This package incorporates 30 sepa- Mr. President, I yield the floor. package have been developed on a bi- rate bills that, taken in their entirety, The PRESIDING OFFICER. The Sen- partisan basis. Last year, we developed will have an unprecedented positive ator from Wyoming. this legislation hand in hand with Sen- impact in helping address critical Mr. BARRASSO. Mr. President, I ator Domenici, who was at that time water resource needs on both the local come to the floor today to put into per- the ranking member of the Energy and national level. It authorizes a spective some statements made by my

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As you isting property rights and will not be The people of Wyoming are doing know, after the election and the new canceled by this bill. their part to keep America’s energy swearing in of Senators, some of the In addition, there are 35 oil and gas flowing. We in Wyoming are the largest desks switched around. Due to the gen- leases covering almost 45,000 additional net exporter of energy in the United erosity of Senator SHELBY—and I am acres that have been issued and are States. We support development of our very grateful to him—he has allowed under protest or have been sold but not coal, of uranium, of oil, of gas, and of me to have this desk because this is yet issued. The legislation does not renewable resources—the electricity the desk of F.E. Warren, who was Wyo- cancel any of these areas which are from wind. We have never been a State ming’s first Senator when we became a being contested. There does exist an that has said: Not in my back yard. We State in 1890. He took the oath of of- appropriate administrative process are No. 1 in coal production in the fice, and he served for almost four dec- whereby the Bureau of Land Manage- country, we are No. 1 in uranium pro- ades. This is the desk he got when he ment, the U.S. Forest Service is evalu- duction in the country for nuclear came to the Senate on day one. ating these contested leases to deter- power, and we are No. 2 in the country It is important to give this speech mine their status. I repeat: This legis- in production of onshore natural gas. from this desk because we are talking lation today does not cancel any of The people of Wyoming continue to do about a part of Wyoming’s past and a these currently contested leases. Ev- their part. part of Wyoming’s future that is very eryone should keep in mind that the We also recognize, through 119 years important, and it is the Wyoming acres currently leased or currently of statehood, that there must be a bal- range. Wyoming has a long history of leased but under protest represent the ance, a balance between helping the getting it right when it comes to mul- area where the most promising re- Nation meet its energy needs and tiple use of the land. We have done it serves exist. This bill does not touch maintaining the quality of life the peo- for 119 years that we have been a State, that. ple of Wyoming have come to enjoy. and we will continue to do it forever. Now, my colleague from Oklahoma The Wyoming Range Withdrawal Act I am here to tell you and to tell the stated that the legislation would take has bipartisan support throughout the people of Wyoming, tell the people of off the table 8.8 trillion cubic feet of re- State of Wyoming. The Governor of America that I introduced this bill, the coverable natural gas and over 300 mil- Wyoming, Governor Dave Freudenthal, Wyoming Range Withdrawal Act, to lion barrels of recoverable oil. Well, let a Democrat, came to Washington to fulfill a commitment I made to the us first set aside whether those figures testify at a hearing before the Senate people of Wyoming and to complete the are accurate, and we will get to that in Energy and Natural Resources Com- work that was started by my good a minute. I reiterate: The areas be- mittee, and he spoke in favor of the friend, Senator Craig Thomas. We lost lieved to hold the majority of the oil bill. My colleague in the Senate, Sen- Senator Thomas in 2007. At the time of and gas reserves are leased, those areas ator MIKE ENZI, is a cosponsor of the his death, he was working on this bill. are leased, and those are valid existing bill. It truly is a bipartisan measure. He had traveled the State. He had vis- rights and will not be changed by this The Wyoming Range Withdrawal Act ited with people, listened to people. piece of legislation. Now, regarding the strikes the proper balance. I have come That is exactly what I did when I took figures. I have an updated estimate, an to the Senate floor today to put this the oath of office—having town meet- estimate of the reserves of the Wyo- bill in context with what is occurring ings, traveling to all of the parts of the ming Range that has been prepared by on the ground in Wyoming, as well as State, visiting, listening to people, and the U.S. Department of Interior, the what is occurring under the ground. My then working to try to improve the bill U.S. Geological Survey, and this was goal is to provide an accurate and a that is in front of us today as part of prepared on June 19, 2008. I have shared complete picture for the Senate and, this lands package. these numbers with Members of the much more importantly, for the Amer- I am here to tell you that right now, Senate. ican people. today, there is oil and gas development Under the revised estimates, the best EXHIBIT 1 going on in the Wyoming range. I have minds, the best geological thinking, U.S. DEPARTMENT OF THE INTERIOR, a picture of the Wyoming range, a they believe there is some natural gas U.S. GEOLOGICAL SURVEY, beautiful part of western Wyoming. It potential in this area of 1.5 trillion Reston, VA. means so much to so many people. cubic feet, not 8.8, and an oil potential Hon. JEFF BINGAMAN, There are certain places that are so of 5 million barrels, not 300 million bar- Chairman, Committee on Energy and Natural special and so pristine that they need rels. Resources, U.S. Senate, Washington, DC. to be protected for future generations. DEAR MR. CHAIRMAN: Thank you for your Mr. President, I ask unanimous con- letter of May 27, 2008, and your request for But we do it right in Wyoming. We rely sent to have printed in the RECORD, fol- U.S. Geological Survey (USGS) oil and gas on multiple uses of the land. lowing my remarks, the USGS letter to resource information regarding the Wyoming This legislation we have heard about the chairman of the Senate Committee Range Withdrawal Area (WRWA), outlined in today seeks to protect from future oil on Energy and Natural Resources, Sen- S. 2229. and gas activity—let me say that ator BINGAMAN, who earlier spoke. Based on the map your staff provided, the again—from future oil and gas activity, The PRESIDING OFFICER (Mr. withdrawal area encompasses parts of two geological provinces assessed by the USGS— lands in the Wyoming range that are REED). Without objection, it is so or- not currently under lease. And there the Southwestern Wyoming Province and the dered. Wyoming Thrust Belt Province. The USGS are lands in Wyoming that are cur- (See exhibit 1.) conducts assessments of the undiscovered, rently under lease. Mr. BARRASSO. Mr. President, these technically recoverable oil and gas resources As we can see in this picture, it is figures, particularly the estimated gas of the entire geologically defined province. still a very pristine, beautiful area, but reserves, are still not a small amount, To approximate the amount of the esti- some of this land is under lease for oil but they are significantly lower than mated resources underlying the proposed and gas development. The legislation the previously stated estimates and withdrawal area, we placed the map provided in this lands package does not—does much smaller in size and in scope rel- to us into a geographic information system not—affect areas that have been cur- ative to other known gas reserves in (GIS), calculated the amount of WRWA area that overlaps the assessment units we had rently leased for exploration. There are the area of western Wyoming. Cur- analyzed and assessed in the two geologic 18 oil and gas leases within the pro- rently, in this area, there are 4,300 pro- provinces, and calculated the percentage ge- posed withdrawal area. These leases ducing oil and gas wells in the three ographic area that the WRWA represents of cover over 70,000 acres. These leases are counties that are touched by this legis- each assessment unit. We then calculated a

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RICHARD CHENEY, Mean natural gas potential is 1.5 trillion President of the United States Senate, U.S. Cap- increased resources to build up their cubic feet. itol, Washington, DC. militaries. It is not difficult to imagine Mean natural gas liquids potential is 60 DEAR MR. VICE PRESIDENT: I am resigning a minor incident causing renewed million barrels. my seat in the United States Senate as the fighting in these areas, which could Please note that these GIS-analyzed esti- senior Senator from the State of Delaware to quickly plunge the north and the south mates can only be considered approxima- assume my duties as Vice President of the back into full-scale war. Such a sce- tions, for the following reasons: (1) The map United States of America. My resignation is nario would not only be devastating for provided to us of the WRWA was a general effective January 15, 2009, at 5 p.m. the Sudanese but could have dramatic outline and therefore subject to error when Sincerely, repercussions for the wider region. calculating the geographic extent of the as- JOSEPH R. BIDEN, Jr., sessment units relative to the WRWA; and U.S. Senator. With elections under the CPA sched- uled for this year, 2009 may well be a (2) a homogeneous distribution of oil and gas The PRESIDING OFFICER. The ma- watershed year for Sudan. The United resources was assumed across each entire as- jority leader is recognized. sessment unit. States must renew and intensify its Mr. REID. Mr. President, what a sad For an overview of USGS mean estimates support for the implementation of the but happy day it is to have that letter for undiscovered, technically recoverable CPA as part of a comprehensive strat- read before the world. JOE BIDEN, from natural gas resources for geologic provinces egy for Sudan. We must continue to the day I came to the Senate, was the within in the United States and their rel- demonstrate, both in terms of our di- most gracious, helpful person one could ative sizes, please see the map at http:// plomacy and resources, a commitment certmapper.cr.usgs.gov/data/noga00/natl/ imagine. Having chosen him speaks to rebuild southern Sudan’s institu- graphic/2007/total_gas_mean_07.pdf volumes about Barack Obama. We will tions, and support the approaching Please let us know if you have any further miss Senator BIDEN, with his many elections. Simultaneously, we must questions or we can be of further help. years in the Senate, but we look for- work with our international partners Sincerely, ward to his working arm in arm with MARK D. MYERS, to ensure that the UN Mission in Barack Obama for the next 8 years. Director. Sudan, UNMIS, is doing all it can to Mr. BARRASSO. Mr. President, I f monitor and keep the peace in Sudan’s yield the floor, and I suggest the ab- MORNING BUSINESS flashpoints. I am confident that the Obama administration understands the sence of a quorum. Mr. REID. Mr. President, I ask unan- importance of implementing the CPA The PRESIDING OFFICER. The imous consent that the Senate proceed and will bring bold leadership and a ho- clerk will call the roll. to a period of morning business, with listic vision to peace efforts in Sudan. The assistant legislative clerk pro- Senators permitted to speak for up to Finally, we cannot ignore how the ceeded to call the roll. 10 minutes each. continued violence and humanitarian Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without crisis in Darfur is a deep stain on the imous consent that the order for the objection, it is so ordered. vision of a peaceful Sudan. Efforts at quorum call be rescinded. f peacebuilding in Sudan will prove fu- The PRESIDING OFFICER. Without tile without a workable political solu- objection, it is so ordered. SUDAN tion for Darfur. Too often in the past, CLOTURE MOTION Mr. FEINGOLD. Mr. President, today we have made the mistake of focusing Mr. REID. Mr. President, I send a marks the 4-year anniversary of the on one region of Sudan at the expense cloture motion to the desk. signing of Sudan’s Comprehensive of others. This kind of piecemeal ap- The PRESIDING OFFICER. The clo- Peace Agreement, which brought an proach has proven limited, if not coun- ture motion having been presented end to the tragic north-south civil war terproductive at times. In this critical under rule XXII, the Chair directs the that raged for over two decades; a war, year ahead, we need a comprehensive clerk to read the motion. frankly, that for a long time seemed approach that can pave the way for virtually endless. We should keep the The legislative clerk read as follows: lasting peace and stability for all of CPA in mind as we lament the horrific CLOTURE MOTION Sudan. I look forward to working with suffering that endures in eastern my colleagues and the Obama adminis- We, the undersigned Senators, in accord- Congo, Darfur, Somalia, and tration to make that a reality. ance with the provisions of rule XXII of the Zimbabwe. I am hopeful that 2009 will Standing Rules of the Senate, hereby move be a year in which we make significant f to bring to a close debate on the motion to progress toward peace in all of these ADDITIONAL STATEMENTS proceed to S. 22, the Omnibus Public Land Management Act of 2009. countries, and that the United States plays an active role in that progress. Harry Reid, Jon Tester, Daniel K. TRIBUTE TO HELEN SUZMAN Inouye, Robert Menendez, Ken Salazar, The CPA is a remarkable testament to Jeff Bingaman, Robert P. Casey, Jr., the fact that transformation is possible ∑ Mr. FEINGOLD. Mr. President, today Mark L. Pryor, John F. Kerry, Richard in even the most seemingly intractable I honor the life of South Africa’s Helen Durbin, Ron Wyden, Dianne Feinstein, conflicts when there is political will. I Suzman, a champion of equality and Ben Nelson, Evan Bayh, Thomas R. am proud of the critical role the United rights for the people of South Africa Carper, Carl Levin, Patrick J. Leahy. States played in bringing about this who suffered under apartheid. For gen- Mr. REID. Mr. President, I ask unan- historic agreement 4 years ago, and it erations to come, her story will be an imous consent that the vote on the mo- is a testament to the hard work of Spe- inspiration to people around the world tion to invoke cloture on the motion to cial Envoy Jack Danforth and the lead- who have the courage to speak out proceed to S. 22 occur on Sunday, Jan- ership of President Bush. against injustice. uary 11, at 2 p.m., with the mandatory Nevertheless, the CPA is not merely Helen Suzman dedicated her life and quorum waived, and that on Sunday, about a piece of paper or a moment in 36 years in South Africa’s Parliament after the Senate convenes, the time history but a commitment to secure to fighting institutionalized racism in until 2 p.m. be equally divided or con- lasting peace throughout Sudan. Unfor- South Africa. Often she stood alone in trolled between the leaders or their tunately, this process remains unfin- defiance of her own Government as it designees. ished and increasingly fragile, as evi- systematically obstructed the rights The PRESIDING OFFICER. Without denced by the clashes that broke out in and freedoms of the majority of South objection, it is so ordered. the oil-rich Abyei region last May. Africans. Particularly during the 13

VerDate Nov 24 2008 01:06 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JA6.001 S09JAPT1 jbell on PROD1PC69 with SENATE S256 CONGRESSIONAL RECORD — SENATE January 9, 2009 years when she was the only anti- vided to States and food assistance agencies (Mr. FEINGOLD) was added as a cospon- apartheid member of South Africa’s under the emergency food assistance pro- sor of S. 133, a bill to prohibit any re- Parliament, Helen Suzman provided gram; to the Committee on Agriculture, Nu- cipient of emergency Federal economic the voice of reason that reminded the trition, and Forestry. assistance from using such funds for By Mr. DORGAN: world of the injustices that persisted in S. 195. A bill to extend oversight, account- lobbying expenditures or political con- South Africa. ability, and transparency provisions of the tributions, to improve transparency, Helen Suzman’s intelligence, cour- Emergency Economic Assistance Act of 2008 enhance accountability, encourage re- age, and perseverance helped to end to all Federal emergency economic assist- sponsible corporate governance, and for apartheid in South Africa. Her con- ance to private entities, to impose tough other purposes. conditions for all recipients of such emer- tribution to ending that evil has be- S. 164 gency economic assistance, to set up a Fed- come a symbol of hope for millions in eral task force to investigate and prosecute At the request of Mr. ENSIGN, the South Africa and around the world. criminal activities that contributed to our name of the Senator from Tennessee That is a powerful and inspiring leg- economic crisis, and to establish a bipartisan (Mr. CORKER) was added as a cosponsor acy, and it is one I am pleased to recog- financial market investigation and reform of S. 164, a bill to improve consumer nize and celebrate today.∑ commission, and for other purposes; to the access to passenger vehicle loss data Committee on Banking, Housing, and Urban f held by insurers. Affairs. S. 170 By Mr. DODD (for himself, Mr. MEASURES PLACED ON THE At the request of Mr. GREGG, the LIEBERMAN, Mr. KERRY, and Mr. KEN- CALENDAR names of the Senator from California NEDY): The following bills were read the sec- S. 196. A bill to amend the Quinebaug and (Mrs. BOXER), the Senator from Massa- ond time, and placed on the calendar: Shetucket Rivers Valley National Heritage chusetts (Mr. KERRY), the Senator from S. 181. A bill to amend title VII of the Civil Corridor Act of 1994 to increase the author- Rhode Island (Mr. REED), and the Sen- Rights Act of 1964 and the Age Discrimina- ization of appropriations and modify the ator from Massachusetts (Mr. KEN- tion in Employment Act of 1967, and to mod- date on which the authority of the Secretary NEDY) were added as cosponsors of S. ify the operation of the Americans with Dis- of the Interior terminates under the Act; to 170, a bill to authorize the acquisition abilities Act of 1990 and the Rehabilitation the Committee on Energy and Natural Re- sources. of interests in undeveloped coastal Act of 1973, to clarify that a discriminatory By Mr. FEINGOLD (for himself, Mr. areas in order better to ensure their compensation decision or other practice that CRAPO, Mrs. BOXER, Mr. CARDIN, Mr. protection from development and for is unlawful under such Acts occurs each time BROWNBACK, Mr. KERRY, Mr. KOHL, other purposes. compensation is paid pursuant to the dis- and Ms. LANDRIEU): criminatory compensation decision or other S. 181 S. 197. A bill to assist in the conservation practice, and for other purposes. At the request of Ms. MIKULSKI, the of cranes by supporting and providing, name of the Senator from Indiana (Mr. S. 182. A bill to amend the Fair Labor through projects of persons and organiza- Standards Act of 1938 to provide more effec- tions with expertise in crane conservation, BAYH) was added as a cosponsor of S. tive remedies to victims of discrimination in financial resources for the conservation pro- 181, a bill to amend title VII of the the payment of wages on the basis of sex, and grams of countries the activities of which di- Civil Rights Act of 1964 and the Age for other purposes. rectly or indirectly affect cranes and the Discrimination in Employment Act of f ecosystem of cranes; to the Committee on 1967, and to modify the operation of the Environment and Public Works. Americans with Disabilities Act of 1990 REPORTS OF COMMITTEES By Mr. SANDERS (for himself and Mr. and the Rehabilitation Act of 1973, to The following reports of committees LEAHY): clarify that a discriminatory com- were submitted: S. 198. A bill to direct the Secretary of Transportation to waive non-Federal share pensation decision or other practice By Mr. SCHUMER, from the Joint Eco- requirements for certain transportation pro- that is unlawful under such Acts occurs nomic Committee: grams and activities through September 30, each time compensation is paid pursu- Special Report entitled ‘‘2008 Joint Eco- 2009; to the Committee on Environment and ant to the discriminatory compensa- nomic Report’’ (Rept. No. 111–1). Minority Public Works. tion decision or other practice, and for views filed. By Mr. SPECTER (for himself and Mr. other purposes. By Mr. KERRY, from the Committee on CASEY): S. 182 Small Business and Entrepreneurship: S. 199. A bill to establish the Steel Indus- Special Report entitled ‘‘Summary of Leg- try National Historic Site in the State of At the request of Mrs. CLINTON, the islative and Oversight Activities During the Pennsylvania; to the Committee on Energy names of the Senator from Vermont 110th Congress’’ (Rept. No. 111–2). and Natural Resources. (Mr. SANDERS) and the Senator from f f Oregon (Mr. WYDEN) were added as co- sponsors of S. 182, a bill to amend the INTRODUCTION OF BILLS AND ADDITIONAL COSPONSORS Fair Labor Standards Act of 1938 to JOINT RESOLUTIONS S. 42 provide more effective remedies to vic- The following bills and joint resolu- At the request of Mr. ENSIGN, the tims of discrimination in the payment tions were introduced, read the first name of the Senator from Georgia (Mr. of wages on the basis of sex, and for and second times by unanimous con- CHAMBLISS) was added as a cosponsor of other purposes. sent, and referred as indicated: S. 42, a bill to amend title II of the So- S. RES. 10 By Mr. INHOFE: cial Security Act to preserve and pro- At the request of Mr. MCCONNELL, S. 192. A bill to authorize the Secretary of tect Social Security benefits of Amer- the name of the Senator from Ten- the Interior to convey to the McGee Creek ican workers and to help ensure great- nessee (Mr. CORKER) was added as a co- Authority certain facilities of the McGee er congressional oversight of the Social sponsor of S. Res. 10, a resolution rec- Creek Project, Oklahoma, and for other pur- Security system by requiring that both ognizing the right of Israel to defend poses; to the Committee on Energy and Nat- Houses of Congress approve a total- itself against attacks from Gaza and ural Resources. ization agreement before the agree- By Mrs. FEINSTEIN (for herself, Mr. reaffirming the United States’ strong ment, giving foreign workers Social support for Israel in its battle with BROWNBACK, Mr. INOUYE, Mr. ROB- Security benefits, can go into effect. ERTS, Mr. AKAKA, Mr. VOINOVICH, Hamas, and supporting the Israeli-Pal- Mrs. BOXER, Mr. JOHANNS, Mr. NEL- S. 47 estinian peace process. SON of Nebraska, and Mr. BROWN): At the request of Mr. ENSIGN, the At the request of Mr. REID, the name S. 193. A bill to create and extend certain name of the Senator from Texas (Mrs. of the Senator from Michigan (Ms. temporary district court judgeships; to the HUTCHISON) was added as a cosponsor of STABENOW) was added as a cosponsor of Committee on the Judiciary. S. 47, a bill to amend the Internal Rev- S. Res. 10, supra. By Mr. CASEY (for himself, Ms. SNOWE, enue Code of 1986 to repeal the excise f and Mr. VOINOVICH): tax on telephone and other commu- S. 194. A bill to amend the Emergency nication services. STATEMENTS ON INTRODUCED Food Assistance Act of 1983 to require the BILLS AND JOINT RESOLUTIONS Secretary of Agriculture to help offset the S. 133 costs of intrastate transportation, storage, At the request of Mrs. FEINSTEIN, the By Mrs. FEINSTEIN (for herself, and distribution of bonus commodities pro- name of the Senator from Wisconsin Mr. BROWNBACK, Mr. INOUYE,

VerDate Nov 24 2008 01:06 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.001 S09JAPT1 jbell on PROD1PC69 with SENATE January 9, 2009 CONGRESSIONAL RECORD — SENATE S257 Mr. ROBERTS, Mr. AKAKA, Mr. The delays are by no means the fault (1) IN GENERAL.—The President shall ap- VOINOVICH, Mrs. BOXER, Mr. of the district judges either. By every point, by and with the advice and consent of JOHANNS, Mr. NELSON of Ne- measure, the judges in the Eastern Dis- the Senate— (A) 1 additional district judge for the east- braska, and Mr. BROWN): trict are among the most productive in ern district of California; and S. 193. A bill to create and extend the nation. (B) 1 additional district judge for the dis- certain temporary district court judge- In 2008, each of the district’s active trict of Nebraska. ships; to the Committee on the Judici- judges completed 903 cases. In addition (2) VACANCIES NOT FILLED.—The first va- ary. to this extraordinary effort, two of the cancy in the office of district judge in each Mrs. FEINSTEIN. Mr. President, I five senior judges carry a full load. of the offices of district judge authorized by rise today to introduce a bill to provide One senior judge has explained that this subsection, occurring 10 years or more urgently needed relief to federal dis- he has not reduced his workload for after the confirmation date of the judge trict courts in California, Hawaii, Kan- two reasons: ‘‘[F]irst the district is so named to fill the temporary district judge- sas, Nebraska, and Ohio. short of needed judges that it appears ship created in the applicable district by this subsection, shall not be filled. This bill is supported by both Sen- to me unjust to leave those who re- (b) EXTENSION OF CERTAIN TEMPORARY ators from all five of the States af- quire a court either to resolve criminal JUDGESHIPS.—Section 203(c) of the Judicial fected Senators BOXER and myself, cases or resolve their civil cases; sec- Improvements Act of 1990 (Public Law 101– Senators BROWNBACK and ROBERTS, ond, I have felt great compassion for 650; 28 U.S.C. 133 note) is amended— Senators AKAKA and INOUYE, Senators my colleagues who would be left with a (1) in the second sentence, by inserting NELSON and JOHANNS, and Senators still more unmanageable case load if I ‘‘the district of Hawaii,’’ after ‘‘Pennsyl- vania,’’; BROWN and VOINOVICH. left or even cut down on my load.’’ In California, the overwhelming bur- (2) in the third sentence (relating to the The bill is identical to a bill passed district of Kansas), by striking ‘‘17 years’’ by the Senate by unanimous consent den on the Eastern District court is no and inserting ‘‘26 years’’; last year. I hope that my colleagues secret. This past summer, the Chief (3) in the fifth sentence (relating to the will move expeditiously to consent to Judge of the Ninth Circuit called on all northern district of Ohio), by striking ‘‘17 this bill once again. judges in the Circuit—district and cir- years’’ and inserting ‘‘25 years’’; and The bill creates one new temporary cuit judges alike—to volunteer to hear (4) by inserting ‘‘The first vacancy in the judgeship in the Eastern District of 15 cases in the Eastern District each. office of district judge in the district of Ha- California and one in the District of Although 84 federal judges generously waii occurring 20 years or more after the Nebraska, and it extends temporary stepped forward to relieve the District confirmation date of the judge named to fill the temporary judgeship created under this judgeships in the District of Hawaii, of more than 1,000 cases, thousands of subsection shall not be filled.’’ after the the District of Kansas, and the North- cases remain pending. sixth sentence. ern District of Ohio. The Eastern District of California The bill has broad, bipartisan support should not be forced to rely on tem- By Mr. CASEY (for himself, Ms. because the relief it provides is sorely porary assistance from judges from SNOWE,, and Mr. VOINOVICH): needed. All of these courts face over- other districts. Each court needs S. 194. A bill to amend the Emer- whelming caseloads that are leading to enough judges to handle its caseload in gency Food Assistance Act of 1983 to judicial burnout and long delays in the a reasonably timely manner. require the Secretary of Agriculture to administration of justice. The bill, put Although not sufficient, one tem- help offset the costs of intrastate simply, provides assistance to districts porary district judgeship would provide transportation, storage, and distribu- that do not have enough judges to han- much needed relief to the hardworking tion of bonus commodities provided to dle the work assigned to them. judges of the Eastern District and the States and food assistance agencies I have been concerned about this litigants who come before them. Based under the emergency food assistance problem in the Eastern District of Cali- on last year’s filings, one new judge- program; to the Committee on Agri- fornia for many years now. ship would reduce the filings per judge culture, Nutrition, and Forestry. According to statistics provided by from 968 to 572. Mr. CASEY. Mr. President, I rise the Administrative Office of the United Congress has not authorized a new today to introduce the Bonus TEFAP States Courts, the Eastern District’s permanent judgeship for the district Assistance Act of 2009 with my col- caseload burden is higher, on a sus- since 1978. In 1992, a temporary judge- leagues Senator SNOWE and Senator tained basis, than any other district in ship was authorized, but that judgeship VOINOVICH. Our bill provides immediate the country. expired in 2004. Last year, a bill that I and valuable assistance to our national In 2008, the judges in the Eastern Dis- co-sponsored—the Federal Judgeship food banks and the families who rely trict handled 968 cases each. That is Act of 2008—would have provided four on food banks to put meals on the table twice the number of cases that the Ju- new permanent judgeships, but that by ensuring that food banks can accept dicial Conference recommends. In fact, bill stalled before the full Senate after and distribute food donations they the Judicial Conference has rec- being favorably reported out of the Ju- might otherwise have had to decline. ommended that Congress create a new diciary Committee. Our bill has the support of Feeding judgeship in a district whenever a This bill was introduced by Senator America, formerly known as America’s threshold of 430 cases per judge is LEAHY last year, and I want to thank Second Harvest, the national hunger reached. him for all of his work on its behalf. relief charity that operates a network A caseload burden of this magnitude The bill passed the Senate by unani- of over 200 food banks across America. is not only a problem for judges. The mous consent. This year, the need is We are in the middle of a crisis. The people who live in the district and only greater, as caseloads have only in- on-going economic crisis is the worst other litigants who appear before the creased. in a generation, but this crisis is more court are also affected. I urge my colleagues to consent to than stock prices and market cer- Victims of crime are forced to endure this bill once again, and to do so in an tainty. The economic crisis has a face. long waiting periods to see justice expeditious manner. The faces of hardworking Pennsylva- done. Citizens find that they are unable Mr. President, I ask unanimous con- nians who suddenly find themselves un- to resolve their civil disputes prompt- sent that the text of the bill be printed able to afford food for the family ly. And plaintiffs face extensive delays in the RECORD. meals. The economic crisis is also a There being no objection, the text of in getting damages or restitution for hunger crisis—a crisis that is pushing the bill was ordered to be printed in harms that they have suffered. more people to apply for Federal nutri- the RECORD, as follows: Currently, people who have cases in tion programs and stand in line at the S. 193 the Eastern District court are facing local food bank. It is a crisis that delays of approximately 42 months Be it enacted by the Senate and House of Rep- resentatives of the United States of America in threatens to undo all of the progress from filing to verdict. That is three Congress assembled, we have made over the past few dec- and a half years—twice the national SECTION 1. TEMPORARY JUDGESHIPS FOR DIS- ades to end hunger in America. average for federal court delays. This TRICT COURTS. The United States Department of Ag- kind of delay is simply unacceptable. (a) ADDITIONAL TEMPORARY JUDGESHIPS.— riculture, USDA, reported that, for

VerDate Nov 24 2008 01:06 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JA6.012 S09JAPT1 jbell on PROD1PC69 with SENATE S258 CONGRESSIONAL RECORD — SENATE January 9, 2009 2006, 35.5 million Americans did not States, many of the State and food as- (b) COSTS OF DISTRIBUTING BONUS COMMOD- have enough money or resources to get sistance agencies are unable to accept ITIES.—Section 202 of the Emergency Food food for at least some period during the the bonus TEFAP commodities because Assistance Act of 1983 (7 U.S.C. 7502) is amended by inserting after subsection (a) the year. This figure was an increase of they do not have the resources to store, following: 400,000 over 2005 and an increase of 2.3 transport, or distribute them. ‘‘(b) COSTS OF DISTRIBUTING BONUS COM- million since 2000. With the fragile The Bonus TEFAP Assistance Act of MODITIES.— State of our economy, it is extremely 2009 that I am introducing today allevi- ‘‘(1) IN GENERAL.—The Secretary shall use likely that these figures for 2007 and ates this problem by providing offset- funds made available under section 32 of the 2008 will be even more devastating. The ting funds to recipient agencies to as- Act of August 24, 1935 (7 U.S.C. 612c), to pro- only recourse for these millions of fam- sist with the costs of storing, trans- vide funding described in paragraph (2) to el- ilies is to turn to federal food assist- porting, and distributing bonus TEFAP igible recipient agencies to offset the costs of the agencies for intrastate transportation, ance programs and emergency food commodities. The funds provided storage, and distribution of commodities de- banks for their basic food needs. through this legislation will help to scribed in subsection (a). Unfortunately, as articles in national provide more food to those in need ‘‘(2) FUNDING.—The Secretary shall provide publications like the USA Today and through food banks, food pantries, funding described in paragraph (1) to an eli- the New York Times have highlighted, emergency shelters, soup kitchens, and gible recipient agency at a rate equal to the there is a critical lack of food inven- other organizations that directly pro- lower of $0.05 per pound or $0.05 per dollar tories available in local food pantries vide these resources to the public. value of commodities described in subsection across the country. Rising demand, To solve the problem the inadequacy (a) that are made available under this Act to, and accepted by, the eligible recipient sharp drops in federal supplies of excess of local resources causes, the bill au- agency.’’. commodities, and declining donations thorizes the Secretary of Agriculture have forced food banks to cut back on to use existing funds granted under By Mr. FEINGOLD (for himself, rations, and in some cases, close their Section 32 of the Agricultural Adjust- Mr. CRAPO, Mrs. BOXER, Mr. doors. In short, America’s food banks ment Act of 1935. Currently, Section 32 CARDIN, Mr. BROWNBACK, Mr. are facing critical shortages now. funds are used to fund child nutrition KERRY, Mr. KOHL, and Ms. As a member of the Senate Com- programs and other programs to sup- LANDRIEU): mittee on Agriculture, Nutrition, and port the farm sector at the discretion S. 197. A bill to assist in the con- Forestry, I was proud to help create of the Secretary. Through this legisla- servation of cranes by supporting and last year’s farm bill. The bill helps food tion, a small portion of Section 32 providing, through projects of persons banks by providing additional annual funds would be allocated to each eligi- and organizations with expertise in funding to shore up food bank supplies. ble recipient agency in the lesser crane conservation, financial resources But there are additional measures that amount of $0.05 per pound or $0.05 per for the conservation programs of coun- we can take to help ensure that food dollar value of bonus TEFAP commod- tries the activities of which directly or banks can continue to fulfill their mis- ities. With this modest increase in indirectly affect cranes and the eco- sion. funding, the States and their food as- system of cranes; to the Committee on That’s why today I’m pleased intro- sistance agencies will be able to accept Environment and Public Works. duce the Bonus TEFAP Assistance Act more food distributions from the USDA Mr. FEINGOLD. Mr. President, I am of 2009. This legislation provides the through TEFAP, benefitting the many introducing the Crane Conservation critical support needed to ensure food low-income recipients who rely on the Act of 2009. I am very pleased that Sen- assistance agencies, already in des- program for emergency food and nutri- ator CRAPO has once again agreed to perate need of supplies, can take full tion assistance. lead on this legislation with me. I am advantage of the distributions of bonus I urge all of my colleagues to join always glad to work with my col- food commodities supplied by USDA Senator SNOWE, Senator VOINOVICH and leagues from across the aisle. We are through the Emergency Food Assist- me in ensuring that the States and pleased to be joined by Senators ance Program, TEFAP. By helping to food assistance agencies can accept the BOXER, BROWNBACK, CARDIN, KERRY, offset the intrastate storage, transpor- available excess commodity foods the KOHL, LANDRIEU, and MARTINEZ, who tation, and distribution costs the food USDA provides under the Emergency are cosponsors of this legislation. assistance agencies incur to distribute Assistance Food Program. Food assist- The Crane Conservation Act will en- these bonus food surpluses, the bill en- ance agencies are in dire need of funds, sure we do our part to protect the ex- sures that commodities reach the food, and supplies and we owe it to istence of these birds, whose cultural greatest number of needy individuals. them to ensure that they can take full significance and popular appeal can be The Emergency Food Assistance Pro- advantage of every opportunity to seen worldwide. This legislation is par- gram began in 1981 as a temporary pro- serve those in our nation who are in ticularly important to the people of gram with dual purposes; it was in- desperate need. Wisconsin, as our state provides habi- tended to help reduce the Federal food Mr. President, I ask unanimous con- tat and refuge to several crane species. inventories and storage costs while sent that the text of the bill be printed But this legislation, which authorizes also assisting the needy. Because of the in the RECORD. the United States Fish and Wildlife program’s success in helping distribute There being no objection, the text of Service to distribute funds and grants food to those in need, in 1988, after the bill was ordered to be printed in to crane conservation efforts both do- much of the federal inventory was de- the RECORD, as follows: mestically and in developing countries, pleted, the Hunger Prevention Act au- S. 194 promises to have a larger environ- thorized funds to be appropriated to mental and cultural impact that will Be it enacted by the Senate and House of Rep- purchase food for TEFAP. resentatives of the United States of America in go far beyond the boundaries of my Under current-day TEFAP, the USDA Congress assembled, home State. provides states and food assistance Congress’ efforts to help protect and SECTION 1. SHORT TITLE. agencies with commodities bought spe- This Act may be cited as the ‘‘Bonus recover species throughout the world cifically for the program and with TEFAP Assistance Act of 2009’’. began in earnest in 1994 when Congress funding to help cover distributing SEC. 2. ASSISTANCE FOR COSTS OF DISTRIB- passed and the President signed the agencies’ intrastate storage, handling, UTING BONUS COMMODITIES. Rhinoceros and Tiger Conservation and distribution costs. In addition, (a) PURPOSES.—The purposes of this section Act. The passage of this act provided when available, USDA provides any ex- are— support for multinational rhino and cess food not needed to fulfill other (1) to encourage States and food assistance tiger conservation by authorizing the program requirements to States for al- agencies to accept commodities acquired by United States Fish and Wildlife Service location to local food assistance agen- the Secretary of Agriculture for farm sup- to distribute up to $10 million in grants port and surplus removal activities; and cies. This excess food is known as (2) to offset the costs of the States and every year to support projects in devel- ‘‘bonus TEFAP.’’ Unfortunately, while food assistance agencies for the intrastate oping countries. Since 1994, Congress the USDA generously distributes these transportation, storage, and distribution of has established the ‘‘multinational spe- bonus TEFAP commodities to the the commodities. cies conservation fund’’ to cover other

VerDate Nov 24 2008 01:06 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JA6.004 S09JAPT1 jbell on PROD1PC69 with SENATE January 9, 2009 CONGRESSIONAL RECORD — SENATE S259 species, such as elephants and great lines. As this flock of birds makes its wattled crane in Africa. In Africa, the apes. journey from Wisconsin’s Necedah Na- wattled crane is found in the southern Today, with the legislation I am in- tional Wildlife Refuge to Florida’s and eastern regions, with an isolated troducing, I am asking Congress to add Chassahowitzka National Wildlife Ref- population in the mountains of Ethi- cranes to this list. Cranes are the most uge and back, the birds rely on the eco- opia. Current population estimates endangered family of birds in the systems of a multitude of states in this range between 6,000 to 8,000 and are de- world, with 11 of the world’s 15 species country. Along the journey which tra- clining rapidly, due to loss and deg- at risk of extinction. Specifically, this verses through Illinois, Indiana, Ken- radation of wetland habitats, as well as legislation would authorize up to $5 tucky, Tennessee, and Georgia the intensified agriculture, dam construc- million of funds per year for fiscal birds face threats from pollution of tra- tion, and industrialization. In other years 2008 through 2012 to be distrib- ditional watering grounds, collision parts of the range, the creation of dams uted as conservation project grants to with utility lines, human disturbance, has changed the dynamics of the flood protect cranes and their habitat in disease, predation, loss of genetic di- plains, thus further endangering these Asia, Africa, and North America. In versity within the population, and vul- cranes and their habitats. Human dis- keeping with my belief that we should nerability to catastrophes, both nat- turbance at or near breeding sites also balance the budget, this bill proposes ural and man-made. continues to be a major threat. Lack of that the $25 million in authorized However, the birds can also rely on oversight and education over the ac- spending over 5 years for the Crane private landowners, the vast majority tions of people, industry, and agri- Conservation Act should be offset of whom have enthusiastically wel- culture is leading to reduced preserva- through the Secretary of Interior’s ad- comed the birds to their rest on their tion for the lands on which cranes live, ministrative budget. This bill is simi- land. Through its extensive outreach thereby threatening the ability of lar to legislation I have introduced and education program, the Whooping cranes to survive in these regions. since the 107th Congress and I was very Crane Eastern Partnership has ob- If we do not act now, not only will pleased that last Congress the bill tained the consistent support of farm- cranes face extinction, but the eco- passed the House of Representatives ers and other private landowners to systems that depend on their contribu- and the Senate Environment and Pub- make this important recovery program tions will suffer. With the decline of lic Works Committee and was posi- a success. On every front, this partner- the crane population, the wetlands and tioned to pass the Senate before stall- ship is unique. This ongoing recovery marshes they inhabit can potentially ing late in the last Congress. effort would not be possible without be thrown off balance. I urge my col- I am offering this legislation due to the cooperative efforts of federal and leagues to join me in supporting legis- the serious and significant decline that state governments, landowners, volun- lation that can provide funding to the can be expected in crane populations teers, and non-governmental organiza- local farming, education, and enforce- worldwide without further conserva- tions. Seven years later, these partner- ment projects that can have the great- tion efforts. Those efforts have ships support an ever-growing eastern est positive effect on the preservation achieved some success in the case of crane population, now numbering over of both cranes and fragile habitats. the North American whooping crane, sixty. This modest investment can secure the the rarest crane on earth. By 1890, the While over the course of the last half- future of these exemplary birds and the whooping crane disappeared from its century, North American whooping beautiful areas in which they live. main migratory route from Idaho cranes have begun to make a slow re- Therefore, I ask my colleagues to sup- through Wyoming and Colorado to New covery, many species of crane in Africa port the Crane Conservation Act of Mexico. In 1944, only 21 birds remained and Asia have declined, including the 2009. along the migratory route between sarus crane of Asia and the wattled This legislation is endorsed by Afri- Montana and Texas’ Aransas National crane of Africa. can Wildlife Foundation, American Wildlife Refuge, via the Dakotas, Ne- The sarus crane stands four feet tall Bird Conservancy, American Veteri- braska, Kansas, and Oklahoma. Unfor- and can be found in the wetlands of nary Medical Association, Association tunately, the breeding grounds for this northern India and south Asia. These of Zoos and Aquariums, Audubon Na- remaining flock were unknown, but birds require large, open, well watered ture Institute, Born Free USA, Con- since they were discovered in Canada plains or marshes to breed and survive. servation International, Defenders of in 1955, cooperative efforts between the Due to agricultural expansion, indus- Wildlife, Dian Fossey Gorilla Fund United States and Canada have been trial development, river basin develop- International, Fauna & Flora Inter- under way to recover the species. ment, pollution, warfare, and heavy national, Humane Society of the Today, this flock remains the only wild use of pesticides prevalent in India and United States, Humane Society Inter- flock of North American whooping southeast Asia, the sarus crane popu- national, International Crane Founda- cranes that breeds in northwest Can- lation has been in decline. Further- tion, International Fund for Animal ada, and spends its winters in coastal more, in many areas, a high human Welfare, International Rhino Founda- Texas. population concentration compounds tion, National Wildlife Federation, Na- In 1980, a new course was chartered these factors. On the Mekong River, tional Wildlife Refuge Association, The for recovering the species, and captive which runs through Cambodia, Viet- Nature Conservancy, Sierra Club, Wild- breeding efforts began at Patuxent nam, Laos, Thailand, and China, life Alliance, Wildlife Conservation So- Wildlife Research Center in Maryland human population growth and planned ciety, and the World Wildlife Fund. in hopes of rearing chicks for release in development projects threaten the Mr. President, I ask unanimous con- the wild—today, captive breeding cen- sarus crane. Reports from India, Cam- sent that the text of the bill be printed ters are also located at New Orleans’ bodia, and Thailand have also cited in the RECORD. Audubon Species Survival Center and incidences of the trading of adult birds There being no objection, the text of Canada’s Calgary Zoo. and chicks, as well as hunting and egg the bill was ordered to be printed in These breeding efforts blossomed into stealing in the drop in population of the RECORD, as follows: efforts to reintroduce a migratory the sarus crane. S. 197 flock of whooping cranes into their his- Only three subspecies of the sarus Be it enacted by the Senate and House of Rep- toric range in the Eastern United crane exist today. One resides in north- resentatives of the United States of America in States. In 2001 this became a reality ern India and Nepal, one resides in Congress assembled, when the first class of whooping cranes southeast Asia, and one resides in SECTION 1. SHORT TITLE. followed their ‘‘mother’’ (actually an northern Australia. Their population is This Act may be cited as the ‘‘Crane Con- ultra light aircraft) over 1,300 miles to about 8,000 in the main Indian popu- servation Act of 2009’’. SEC. 2. PURPOSES. their wintering grounds. lation, with recent numbers showing a The purposes of this Act are— The movement of this flock of birds rapid decline. In Southeast Asia, only (1) to perpetuate healthy populations of shows how any effort by Congress to 1,000 birds remain. cranes; regulate crane conservation needs to The situation of the sarus crane in (2) to assist in the conservation and protec- cross both national and international Asia is mirrored by the situation of the tion of cranes by supporting—

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(A) conservation programs in countries in (ii) staff and community management for (e) PROJECT SUSTAINABILITY; MATCHING which endangered and threatened cranes the project; and FUNDS.—To the maximum extent prac- occur; and (iii) the logistics of the project; ticable, in determining whether to approve a (B) the efforts of private organizations (D) an estimate of the funds and the period project proposal under this section, the Sec- committed to helping cranes; and of time required to complete the project; retary shall give preference to a proposed (3) to provide financial resources for those (E) evidence of support for the project by project— programs and efforts. appropriate government entities of countries (1) that is designed to ensure effective, SEC. 3. DEFINITIONS. in which the project will be conducted, if the long-term conservation of cranes and habi- In this Act: Secretary determines that such support is tats of cranes; or (1) CONSERVATION.— required to ensure the success of the project; (2) for which matching funds are available. (f) PROJECT REPORTING.— (A) IN GENERAL.—The term ‘‘conservation’’ (F) information regarding the source and means the use of any method or procedure to amount of matching funding available for (1) IN GENERAL.—Each person that receives improve the viability of crane populations the project; and assistance under this section for a project and the quality of the ecosystems and habi- (G) any other information that the Sec- shall submit to the Secretary, at such peri- tats on which the crane populations depend retary considers to be necessary for evalu- odic intervals as are determined by the Sec- to help the species achieve sufficient popu- ating the eligibility of the project to receive retary, reports that include all information lations in the wild to ensure the long-term assistance under this Act. that the Secretary, after consulting with viability of the species. (c) PROJECT REVIEW AND APPROVAL.— other appropriate government officials, de- termines to be necessary to evaluate the (B) INCLUSIONS.—The term ‘‘conservation’’ (1) IN GENERAL.—The Secretary shall— includes the carrying out of any activity as- (A) not later than 30 days after receiving a progress and success of the project for the sociated with scientific resource manage- final project proposal, provide a copy of the purposes of— ment, such as— proposal to other appropriate Federal offi- (A) ensuring positive results; (i) protection, restoration, and manage- cials; and (B) assessing problems; and ment of habitat; (B) review each project proposal in a time- (C) fostering improvements. (ii) research and monitoring of known pop- ly manner to determine whether the pro- (2) AVAILABILITY TO THE PUBLIC.—Each re- ulations; posal meets the criteria described in sub- port submitted under paragraph (1), and any (iii) the provision of assistance in the de- section (d). other documents relating to a project for velopment of management plans for man- (2) CONSULTATION; APPROVAL OR DIS- which financial assistance is provided under aged crane ranges; APPROVAL.—Not later than 180 days after re- this Act, shall be made available to the pub- (iv) enforcement of the Convention; ceiving a project proposal, and subject to the lic. (v) law enforcement and habitat protection availability of appropriations, the Secretary, SEC. 5. CRANE CONSERVATION FUND. through community participation; after consulting with other appropriate Fed- (a) ESTABLISHMENT.—There is established (vi) reintroduction of cranes to the wild; eral officials, shall— in the Multinational Species Conservation (vii) conflict resolution initiatives; and (A) consult on the proposal with the gov- Fund established by the matter under the (viii) community outreach and education. ernment of each country in which the heading ‘‘MULTINATIONAL SPECIES CON- SERVATION FUND’’ in title I of the Depart- (2) CONVENTION.—The term ‘‘Convention’’ project is to be carried out; ment of the Interior and Related Agencies has the meaning given the term in section 3 (B) after taking into consideration any Appropriations Act, 1999 (112 Stat. 2681–237; of the Endangered Species Act of 1973 (16 comments resulting from the consultation, 16 U.S.C. 4246) a separate account to be U.S.C. 1532). approve or disapprove the proposal; and known as the ‘‘Crane Conservation Fund’’, (3) FUND.—The term ‘‘Fund’’ means the (C) provide written notification of the ap- consisting of— Crane Conservation Fund established by sec- proval or disapproval to— (1) amounts transferred to the Secretary of tion 5(a). (i) the applicant that submitted the pro- the Treasury for deposit into the Fund under (4) SECRETARY.—The term ‘‘Secretary’’ posal; subsection (c); and means the Secretary of the Interior. (ii) other appropriate Federal officials; and (2) amounts appropriated to the Fund (iii) each country described in subpara- SEC. 4. CRANE CONSERVATION ASSISTANCE. under section 7. graph (A). (a) IN GENERAL.—Subject to the avail- (b) EXPENDITURES FROM FUND.— ability of appropriations and in consultation (d) CRITERIA FOR APPROVAL.—The Sec- (1) IN GENERAL.—Subject to paragraphs (2) with other appropriate Federal officials, the retary may approve a project proposal under and (3), upon request by the Secretary, the Secretary shall use amounts in the Fund to this section if the Secretary determines that Secretary of the Treasury shall transfer provide financial assistance for projects re- the proposed project will enhance programs from the Fund to the Secretary, without fur- lating to the conservation of cranes for for conservation of cranes by assisting ef- ther appropriation, such amounts as the Sec- which project proposals are approved by the forts to— retary determines are necessary to provide Secretary in accordance with this section. (1) implement conservation programs; assistance under section 4. (b) PROJECT PROPOSALS.— (2) address the conflicts between humans (2) ADMINISTRATIVE EXPENSES.—Of the (1) APPLICANTS.— and cranes that arise from competition for amounts in the Fund available for each fiscal (A) IN GENERAL.—An applicant described in the same habitat or resources; year, the Secretary may expend not more subparagraph (B) that seeks to receive as- (3) enhance compliance with the Conven- than 3 percent, or $150,000, whichever is sistance under this section to carry out a tion and other applicable laws that— greater, to pay the administrative expenses project relating to the conservation of (A) prohibit or regulate the taking or trade necessary to carry out this Act. cranes shall submit to the Secretary a of cranes; or (3) LIMITATION.—Not more than 20 percent project proposal that meets the require- (B) regulate the use and management of of the amounts made available from the ments of this section. crane habitat; Fund for any fiscal year may be used for (B) ELIGIBLE APPLICANTS.—An applicant de- (4) develop sound scientific information on, projects relating to the conservation of scribed in this subparagraph is— or methods for monitoring— North American crane species. (i) any relevant wildlife management au- (A) the condition of crane habitat; (c) ACCEPTANCE AND USE OF DONATIONS.— thority of a country that— (B) crane population numbers and trends; (1) IN GENERAL.—The Secretary may accept (I) is located within the African, Asian, Eu- or and use donations to provide assistance ropean, or North American range of a species (C) the current and projected threats to under section 4. of crane; and crane habitat and population numbers and (2) TRANSFER OF DONATIONS.—Amounts re- (II) carries out 1 or more activities that di- trends; ceived by the Secretary in the form of dona- rectly or indirectly affect crane populations; (5) promote cooperative projects on the tions shall be transferred to the Secretary of (ii) the Secretariat of the Convention; and issues described in paragraph (4) among— the Treasury for deposit in the Fund. (iii) any person or organization with dem- (A) governmental entities; SEC. 6. ADVISORY GROUP. onstrated expertise in the conservation of (B) affected local communities; (a) IN GENERAL.—To assist in carrying out cranes. (C) nongovernmental organizations; or this Act, the Secretary may convene an advi- (2) REQUIRED ELEMENTS.—A project pro- (D) other persons in the private sector; sory group consisting of individuals rep- posal submitted under paragraph (1)(A) shall (6) carry out necessary scientific research resenting public and private organizations include— on cranes; actively involved in the conservation of (A) a concise statement of the purpose of (7) provide relevant training to, or support cranes. the project; technical exchanges involving, staff respon- (b) PUBLIC PARTICIPATION.— (B)(i) the name of each individual respon- sible for managing cranes or habitats of (1) MEETINGS.—The advisory group shall— sible for conducting the project; and cranes, to enhance capacity for effective con- (A) ensure that each meeting of the advi- (ii) a description of the qualifications of servation; or sory group is open to the public; and each of those individuals; (8) reintroduce cranes successfully back (B) provide, at each meeting, an oppor- (C) a concise description of— into the wild, including propagation of a suf- tunity for interested persons to present oral (i) methods to be used to implement and ficient number of cranes required for this or written statements concerning items on assess the outcome of the project; purpose. the agenda.

VerDate Nov 24 2008 01:06 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JA6.011 S09JAPT1 jbell on PROD1PC69 with SENATE January 9, 2009 CONGRESSIONAL RECORD — SENATE S261 (2) NOTICE.—The Secretary shall provide to By Mr. SPECTER (for himself Highlights of this proposed national the public timely notice of each meeting of and Mr. CASEY): historic site would commemorate a the advisory group. S. 199. A -bill to establish the Steel wide range of accomplishments and (3) MINUTES.—Minutes of each meeting of Industry National Historic Site in the topics for historical preservation and the advisory group shall be kept by the Sec- State of Pennsylvania; to the Com- retary and shall be made available to the interpretation, including industrial public. mittee on Energy and Natural Re- technology advancements and mile- (c) EXEMPTION FROM FEDERAL ADVISORY sources. stones in labor-management relations. COMMITTEE ACT.—The Federal Advisory Mr. SPECTER. Mr President, I have One of the sites that would be included Committee Act (5 U.S.C. App.) shall not sought recognition to introduce legis- in the historic site would be the loca- apply to the advisory group. lation that will honor the importance tion of the Battle of the Homestead, SEC. 7. FUNDING. of the steel industry in the Common- waged in 1892 between steelworkers and (a) AUTHORIZATION OF APPROPRIATIONS.— wealth of Pennsylvania and the Nation Pinkerton guards. The Battle of the There is authorized to be appropriated to the by creating the ‘‘Steel Industry Na- Fund $5,000,000 for each of fiscal years 2009 Homestead marked a pivotal moment tional Historic Site’’ in southwestern in our Nation’s workers’ rights move- through 2013, to remain available until ex- Pennsylvania. pended. ment. The Commonwealth of Pennsyl- (b) OFFSET.—Of amounts appropriated to, The importance of the steel industry vania, individuals, and public and pri- and available at the discretion of, the Sec- to the development of the United vate entities have attempted to protect retary for programmatic and administrative States cannot be overstated. A na- and preserve resources such as the expenditures, a total of $25,000,000 shall be tional historic site devoted to the his- Homestead battleground and the Hot used to establish the Fund. tory of the steel industry will afford all Metal Bridge. For the benefit and in- Americans the opportunity to cele- spiration of present and future genera- By Mr. SANDERS (for himself brate this rich heritage, which is sym- tions, it is time for the Federal Gov- and Mr. LEAHY): bolic of the work ethic endemic to this ernment to join this effort to recognize S. 198. A bill to direct the Secretary great Nation. The legislation offered their importance with the additional of Transportation to waive non-Federal today would create a national historic protection I provide in this bill. share requirements for certain trans- site that would be affiliated with the I commend my colleague, Represent- portation programs and activities National Park Service. There is no bet- ative DOYLE, who has been a long- through September 30, 2009; to the ter place to honor our Nation’s steel standing leader in this preservation ef- Committee on Environment and Public industry heritage than in southwestern fort and who has sponsored this legisla- Works. Pennsylvania, which played a signifi- tion in the U.S. House of Representa- Mr. LEAHY. Mr. President, I rise cant role in early industrial America tives. I look forward to working with today with my colleague from and continues today. Vermont, Senator SANDERS, to intro- I have long supported efforts to pre- officials in southwestern Pennsylvania duce a bill that will help states strug- serve and enhance the historical steel- and Mr. August Carlino, president and gling with meeting non-federal match related heritage through the Rivers of chief executive officer of the Steel In- requirements for federal transportation Steel National Heritage Area, which dustry Heritage Corporation, to bring funding under the Safe, Accountable, includes the city of Pittsburgh, and this national historic site designation Flexible and Efficient Transportation seven southwestern Pennsylvania to fruition. I urge my colleagues to Equity Act, SAFETEA. Representative counties: Allegheny, Armstrong, Fay- support this legislation. PETER WELCH from Vermont intro- ette, Greene, Washington, and West- Mr. President, I ask unanimous con- duced identical legislation in the moreland. I have sought and been very sent that the text of the bill be printed House today as well. pleased with congressional support for in the RECORD. There being no objection, the text of Our States are struggling with enor- the important work within the Rivers the bill was ordered to be printed in mous budget deficits due to the current of Steel Heritage Area. I have consist- economic crisis. As a result, nearly ently advocated for increased funding the RECORD, as follows: every one of our states has been forced to support our National Heritage Areas S. 199 to make drastic cuts to their transpor- and I am hopeful that this support will Be it enacted by the Senate and House of Rep- tation budgets. On top of that, state continue. However, more than just re- resentatives of the United States of America in Congress assembled, and local governments around the sources are necessary to ensure the his- country report they do not have the SECTION 1. SHORT TITLE. torical recognition of this site and our This Act may be cited as the ‘‘Steel Indus- necessary funding in their budgets to steel heritage. That is why I am intro- try National Historic Site Act’’. match any new Federal transportation ducing this legislation today. SEC. 2. FINDINGS AND PURPOSES. money possibly forthcoming in an eco- It is important to note why Pennsyl- (a) FINDINGS.—The Congress finds the fol- nomic stimulus package. The inability vania should be the home of the na- lowing: of our states to improve roads and tional site that my legislation author- (1) Certain sites and structures in the Com- bridges, support public transit agencies izes. The combination of a strong monwealth of Pennsylvania symbolize in facing record demand, and upgrade rail workforce, valuable natural resources, physical form the heritage of the steel indus- lines puts a strain on our already sag- and Pennsylvania’s strategic location try of the United States. ging economy. (2) Certain buildings and other structures in the heavily populated northeastern in the Commonwealth of Pennsylvania are Waiving the non-federal match re- United States allowed the steel indus- nationally significant historical resources, quirements for all highway, transit, try to thrive in the 19th and 20th cen- including the United States Steel Homestead and rail projects contained in turies. Today, the remaining buildings Works, the Carrie Furnace complex, and the SAFETEA would allow cash-strapped and sites that were devoted to steel Hot Metal Bridge. states to implement high priority production are threatened with dete- (3) Despite substantial efforts for cultural transportation projects immediately— rioration. Many of these sites are na- preservation and historical interpretation by at no additional cost to the Federal tionally significant and perfectly suit- the Commonwealth of Pennsylvania and by Government. Since State and local ed for the study and interpretation of individuals and public and private entities in the Commonwealth, these buildings and transportation officials have ready-to- this crucial period in our Nation’s de- other structures may be lost without the as- go projects that simply cannot move velopment. Some of these sites include sistance of the Federal Government. forward without untying the strings of the Carrie Furnace Complex, the Hot (b) PURPOSES.—The purposes of this Act the required match, our legislation Metal Bridge, and the United States are to ensure the preservation, interpreta- would waive the non-federal matching Steel Homestead Works, which would tion, visitor enjoyment, and maintenance of requirements of SAFETEA through all become a part of the Steel Industry the nationally significant historical and cul- September 30, 2009. National Historic Site under my legis- tural sites and structures described in sub- I hope my colleagues will take a good lation. As testimony of the area’s his- section (a) for the benefit and inspiration of present and future generations. look at our bill and support this impor- toric significance, on September 20, SEC. 3. STEEL INDUSTRY NATIONAL HISTORIC tant legislation that will stimulate 2006, the Carrie Furnaces were des- SITE, PENNSYLVANIA. needed transportation infrastructure ignated as a National Historic Land- (a) ESTABLISHMENT.—The Steel Industry investments all across the country. mark by the Secretary of the Interior. National Historic Site is hereby established

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as a unit of the National Park System in the (d) PRIVATE PROPERTY PROTECTIONS.— (A) an appropriate official of each appro- Commonwealth of Pennsylvania. Nothing in this Act shall be construed— priate political subdivision of the Common- (b) DESCRIPTION.— (1) to require any private property owner wealth of Pennsylvania that has jurisdiction (1) INCLUSION OF CERTAIN PROPERTY.—Sub- to permit public access (including Federal, over all or a portion of the lands included in ject to paragraph (2), the historic site shall State, or local government access) to the pri- the historic site; consist of the following properties, each of vate property; or (B) an appropriate official of the Steel In- which relate to the former United States (2) to modify any provision of Federal, dustry Heritage Corporation; and Steel Homestead Works, as depicted on the State, or local law with regard to public ac- (C) private property owners in the vicinity map entitled ‘‘Steel Industry National His- cess to or use of private property. of the historic site. toric Site’’, dated November 2003, and num- (e) ADMINISTRATION.—The Secretary of the (3) SUBMISSION OF PLAN TO CONGRESS.— bered 80,000: Interior shall administer the historic site in Upon the completion of the general manage- (A) The historic location of the Battle of accordance with this Act and the provisions ment plan, the Secretary shall submit a copy Homestead site in the borough of Munhall, of law generally applicable to units of the of the plan to the Committee on Energy and Pennsylvania, consisting of approximately 3 National Park System, including the Act of Natural Resources of the Senate and the acres of land, including the pumphouse and August 25, 1916 (16 U.S.C. 1 et seq.), and the Committee on Resources of the House of water tower and related structures, within Act of August 21, 1935 (16 U.S.C. 461 et seq.). Representatives. the property bounded by the Monongahela (f) COOPERATIVE AGREEMENTS.— River, the CSX railroad, Waterfront Drive, (1) IN GENERAL.—Until such time as the f and the Damascus-Marcegaglia Steel Mill. Secretary of the Interior has acquired the ORDERS FOR SUNDAY, JANUARY (B) The historic location of the Carrie Fur- property identified in subsection (b)(1), as nace complex in the boroughs of Swissvale depicted on the map referred to in such sub- 11, 2009 and Rankin, Pennsylvania, consisting of ap- section, the Secretary may enter into a co- Mr. REID. I ask unanimous consent proximately 35 acres of land, including blast operative agreement with any interested in- that when the Senate completes its furnaces 6 and 7, the ore yard, the cast dividual, public or private agency, organiza- business today, it stand in recess until house, the blowing engine house, the AC tion, or institution to further the purposes of 1 p.m. Sunday, January 11; that fol- power house, and related structures, within the historic site. the property bounded by the proposed south- (2) CONTRARY PURPOSES.—Any payment lowing the prayer and pledge, the Jour- westerly right-of-way line needed to accom- made by the Secretary pursuant to a cooper- nal of proceedings be approved to date, modate the Mon/Fayette Expressway and the ative agreement under this subsection shall the time for the two leaders be re- relocated CSX railroad right-of-way, the be subject to an agreement that conversion, served for their use later in the day, Monongahela River, and a property line use, or disposal of the project so assisted for and the Senate resume consideration of drawn northeast to southwest approximately purposes contrary to the purpose of the his- the motion to proceed to S. 22, the 100 yards east of the AC power house. toric site, as determined by the Secretary, lands bill. (C) The historic location of the Hot Metal shall result in a right of the United States to The PRESIDING OFFICER. Without Bridge, consisting of the Union railroad reimbursement of all funds made available bridge and its approaches, spanning the to such a project or the proportion of the in- objection, it is so ordered. Monongahela River and connecting the mill creased value of the project attributable to f sites in the boroughs of Rankin and Munhall, such funds as determined at the time of such Pennsylvania. conversion, use, or disposal, whichever is PROGRAM (2) AVAILABILITY OF MAP.—The map re- greater. Mr. REID. Under the previous order, ferred to in paragraph (1) shall be available (g) TECHNICAL ASSISTANCE.—The Secretary for public inspection in an appropriate office of the Interior may provide technical assist- at 2 p.m. Sunday, the Senate will pro- of the National Park Service. ance to any person for— ceed to a rollcall vote on the motion to (c) ACQUISITION OF PROPERTY.—To further (1) the preservation of historic structures invoke cloture on the motion to pro- the purposes of this section, the Secretary of within the historic site; and ceed to S. 22, the lands bill. the Interior may acquire, only by donation, (2) the maintenance of the natural and cul- property for inclusion in the historic site as tural landscape of the historic site. f follows: (h) GENERAL MANAGEMENT PLAN.— RECESS UNTIL SUNDAY, JANUARY (1) Any land or interest in land with re- (1) PREPARATION.—Not later than three spect to the property identified in subsection years after the date on which funds are first 11, 2009, AT 1 P.M. (b)(1). made available to carry out this Act, the Mr. REID. Mr. President, if there is (2) Up to 10 acres of land adjacent to or in Secretary of the Interior shall prepare a gen- no further business to come before the the general proximity of the property identi- eral management plan for the historic site Senate, I ask unanimous consent that fied in such subsection, for the development that will incorporate or otherwise address it stand in recess under the previous of visitor, administrative, museum, curato- substantive comments made during the con- rial, and maintenance facilities. sultation required by paragraph (2). order. (3) Personal property associated with, and (2) CONSULTATION.—The Secretary shall There being no objection, the Senate, appropriate for, the interpretation of the his- prepare the general management plan in at 2:43 p.m., recessed until Sunday, toric site. consultation with— January 11, 2009, at 1 p.m.

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IT’S A SOUTHERN THING bowl gets the ‘‘best’’ luck of the year. Maybe who serve hundreds of families in the this is like the baby in the King Cake? What- Chicagoland area. For the first time, Special HON. TED POE ever the case, it is a tradition that runs deep Kids Day also began holding a Carnival Day OF TEXAS in the South and I am glad to see that it is still at the Annual Elmfest in Elmhurst this year. Madam Speaker and distinguished col- IN THE HOUSE OF REPRESENTATIVES alive and well. Both my grandmothers had their special recipes, and every New Year’s leagues, please join me in honoring the time Friday, January 9, 2009 Day I still hound my kids and grandkids to and effort of Special Kids Day volunteers. This Mr. POE of Texas. Madam Speaker, as we make sure they eat their peas. So, I hope you organization’s selfless, charitable spirit is what kick off 2009, people across the country are all had your black eyed peas and for all you makes Illinois’ Sixth District such a pleasure to making their new year’s resolutions and fami- transplants living in the great State of Texas, represent. lies are carrying on with their special traditions I hope you get with the program and try some f to start the year out on a good note. Of course East Texas Caviar to start your year off right. THE TERMINATION OF RFE/RL by mid February you should be able to get a It’s a Southern thing. AND VOA RADIO BROADCASTS IN close parking spot at the gym since that’s And that’s just the way it is. AZERBAIJAN about the time motivation for the fitness reso- f lution begins to wane. However, there are CELEBRATING SAN YSIDRO’S some traditions that endure year after year, HON. ALCEE L. HASTINGS CENTENNIAL YEAR! particularly in the South where we seem to OF FLORIDA value our heritage and culture a little more IN THE HOUSE OF REPRESENTATIVES than our friends to the north. HON. BOB FILNER Friday, January 9, 2009 Since I grew up in Texas, black eyed peas OF CALIFORNIA Mr. HASTINGS of Florida. Madam Speaker, and football were the norm for my family, and IN THE HOUSE OF REPRESENTATIVES I rise to express deep concern about Azer- everyone I knew, on New Year’s Day. Every- Friday, January 9, 2009 baijan’s cessation of local broadcasts of Radio one had to have at least one bite for good Mr. FILNER. Madam Speaker and col- Free Europe and Voice of America. After luck, like it or not, it was the rule. It wasn’t leagues, I rise today to commemorate the threatening for months to remove RFE/RL and until I met my first northerner that I realized Centennial of the great community of San VOA from the FM airwaves, Baku did pre- this was a southern thing unique only unto us. Ysidro—the gateway to America. San Ysidro cisely that on January 1. There are stories that date the ‘‘good luck’’ is not only home to the world’s busiest land The official justification for this unfortunate tradition all the way back the pharaohs of border crossing, but is also a multicultural decision is that a 2002 Azerbaijani law re- Egypt, but for us it goes back to the War Be- tight-knit community with a rich history and stricts such frequencies to local broadcasters. tween the States. During General Sherman’s culture like no other. As California’s Border The Helsinki Commission, which I chair, sent March to the Sea in late December 1864, he Congressman, I am very proud to represent a letter on November 24, co-signed by Co- ordered the Union troops to ‘‘burn and de- San Ysidro and will continue to be a vocal ad- Chairman Senator BENJAMIN CARDIN and stroy’’ everything they saw, and ‘‘leave a trail vocate for our border community. Please join Ranking Minority Member CHRISTOPHER that will be recognized fifty years hence.’’ me in this year-long celebration. ‘‘¡Adelante SMITH, to President Ilham Aliev in which we In the aftermath of the devastation of the San Ysidro!’’ urged him to reconsider. We pointed out that South, the only fields that were spared were keeping Congressionally funded RFE/RL and f the crops of black eyed peas and corn. The VOA off the FM airwaves was an unwise and Northern soldiers considered them food for the HONORING SPECIAL KIDS DAY unfriendly move and that ending these pro- livestock and didn’t waste time burning them, grams was a poor way to start a relationship thereby leaving them as the only real source HON. PETER J. ROSKAM with incoming President Barack Obama. But of food left for the starving southerners. As a OF ILLINOIS Baku did not budge. Nor, might I add, have result, black eyed peas were seen as the sav- IN THE HOUSE OF REPRESENTATIVES we even received the courtesy of a reply since ing grace of the South and became a senti- November. mental symbol of better days that lie ahead. Friday, January 9, 2009 In fact, there are grounds for even graver Now there are a lot of theories on why we Mr. ROSKAM. Madam Speaker, I rise today concerns. Baku had pledged that only FM must eat them on New Year’s Day, but they to recognize an important community service broadcasts would be ended. On January 6, all revolve around the principle that they bring organization located in Elmhurst, Illinois in my however, Azerbaijani authorities tried to close good luck and prosperity in the coming year. congressional district called Special Kids Day. down RFE/RL’s Internet operation—which they Every family has a different way of cooking Special Kids Day was created in 1990 as a had said would not be touched. them, if you’re from the South you can bet holiday event for children with special needs It is difficult to see these actions in any light your family has a recipe. and their families to visit Santa Claus without other than a desire to restrict information avail- In Texas, some just like to serve plain ole’ obstacles. This venture has evolved into a not- able to the public. As the State Department ‘‘East Texas Caviar’’ (as black eyed peas are for-profit organization dedicated to providing said on December 30, ‘‘These media organi- referred to in Texas). My friends over in Lou- celebratory events for children with disabilities zations play a crucial role in supporting demo- isiana like to ‘‘kick it up a notch’’ and add to- and their families in an environment designed cratic debate and the free exchange of ideas matoes and Cajun spices, some folks make to accommodate their special needs. and information. This decision, if carried out, Hoppin’ John with rice and hammocks, and On the first Wednesday each December, will represent a serious setback to freedom of most everyone serves them with cornbread Special Kids Day holds their flagship event. speech, and retard democratic reform in Azer- and some type of greens such as collards, Volunteers help children get their picture taken baijan.’’ mustard or turnip greens, or just cabbage or with Santa and distribute goodie bags with I concur completely. Azerbaijan’s record on cole slaw to symbolize money. But you can’t toys and candy. Other surprises from face media freedom was poor before this, with just eat the greens and expect a prosperous painters to balloon animals help make these heavy state influence on the airwaves, three year, you have to have the peas too. Just one events a memorable time for special needs journalists in jail and frequent criticism by the bite, it’s the rule. (Although some say you children. All of this allows these children and OSCE, Council of Europe and freedom of have to eat 365 peas, one for each day or eat their families to enjoy the magic of the Christ- speech advocates. Now, Azerbaijanis without ‘‘every bean and pea on your plate’’—I leave mas season without some of the challenges of access to cable or the Internet—which means that one up to you!) making a trip to the mall at the holidays. most of the listening audience—are cut off I have even heard of people putting a penny Today, the Special Kids Day organization from objective, impartial sources of informa- in the pot and whoever gets the penny in their has grown to include dozens of volunteers tion.

∑ 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 04:41 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K09JA8.001 E09JAPT1 smartinez on PROD1PC64 with REMARKS E54 CONGRESSIONAL RECORD — Extensions of Remarks January 9, 2009 Azerbaijani relations with the United States court to J. Ray Ellingburg for 7 years prepared watch these new ranks at the start of their will surely be negatively affected by this deci- him well for the clerkship. own Congressional careers. sion. I regret that when President Ilham Aliev As Clerk of Court, Christy managed Bun- I was reminded of my first day of service in eventually meets President Barack Obama, combe County’s District Court and Superior this body. I recall being humbled by the re- they will have to spend time discussing why Court, an operation that entails approximately sponsibility that had been placed in my hands Baku has shut down U.S.-funded radio sta- $25 million in annual revenue. Beyond mone- and awed by the auspicious ceremony and the tions, instead of exploring ways to deepen the tary responsibilities, Christy supervised record- grandeur of this ornate Chamber. relationship between our countries. keeping in the local courts for all civil actions, On that first day, I was relieved at the The Helsinki Commission intends to exam- special proceedings, court minutes, liens and knowledge that I was blessed with the wis- ine U.S. international broadcasting in a future other actions. dom, the support, and the mentorship of ROB- hearing and discuss ways of ensuring the con- Mr. Christy found opportunity in the clerk- ERT C. BYRD. Throughout my career here, he tinuance of this vital service. Meanwhile, it is ship to express his great compassion for the has been a constant source of encouragement my hope that President Aliev will find a way to elderly, the bereaved, and the struggling of and sage advice. keep RFE/RL and VOA on the air. Buncombe County. Over the past 18 years, Today, as we embark upon this new ses- f the Clerk of Court has handled such delicate sion cognizant of the tremendous challenges matters as juvenile crime, adoption, domestic before us—a struggling economy, two wars, a BCS/UNIVERSITY OF UTAH violence, and issues of wills and estates. strapped Federal budget, and growing public Christy operated the clerk’s office with an need—we can breathe easier knowing that we HON. JASON CHAFFETZ open door policy in which he counseled on are all blessed to have the continuing service OF UTAH legal matters but also strove to alleviate the of ROBERT C. BYRD to steer us through the IN THE HOUSE OF REPRESENTATIVES emotional concerns of those in need. rocky shoals. As a public servant, Christy had a great Congratulations to Senator BYRD—our trail- Friday, January 9, 2009 passion and respect for the office that he held. blazer, our Leader, our Big Daddy. May he Mr. CHAFFETZ. Madam Speaker, the Uni- During his tenure, he served as president of continue to serve the people of West Virginia versity of Utah Football Team deserves to be the North Carolina Clerks Association, over- and the entire Nation for many years to come. National Champions. The Running Utes of seeing the executive committee in decision- f Utah had a remarkably perfect 13–0 season, making that in turn affected 10,000 clerks in ST. PETERSBURG MAYOR RICK the only undefeated team out of the 119 in the the 100 counties across the state. He served BAKER NAMED ONE OF NATION’S NCAA’s Football Bowl Subdivision. They start- on the Governor’s Crime Commission and the OUTSTANDING PUBLIC OFFI- ed the season by defeating the perennial pow- boards of the North Carolina Courts Commis- CIALS erhouse Michigan Wolverines. They beat the sion and the North Carolina Credit Union. He Oregon State Beavers, who one week earlier worked closely with the bar association in the had beaten the #1-ranked USC Trojans. They county and is known for having strong rela- HON. C.W. BILL YOUNG OF FLORIDA went on to beat the TCU Horned Frogs and tionships with area attorneys. IN THE HOUSE OF REPRESENTATIVES the BYU Cougars, who were both ranked in In his private life as well, he is known for the top 15 of the BCS at the time. Finally, in activism and involvement. The Democratic Friday, January 9, 2009 the Sugar Bowl, the University of Utah Party in Buncombe County has honored Mr. YOUNG of Florida. Madam Speaker, I crushed the University of Alabama, who was Christy with several awards. He is an active rise to pay tribute to St. Petersburg Mayor ranked #1 in the BCS for much of the season. member of Central United Methodist Church. Rick Baker who last November was named The Utes were able to turn back the Crimson In retirement, Christy will be returning to pri- one of Governing magazine’s eight public offi- Tide, but were still wiped out of consideration vate legal practice with his long-time friend, cials of the year. for the BCS National Championship. Asheville attorney Jack Stewart. Now beginning his 8th year as mayor, Rick Perhaps the Bowl Championship Series, the Madam Speaker, I am proud to honor Mr. has brought insurmountable energy and pas- so-called BCS, would best be referred to as Robert Christy today, to thank him for his tre- sion to serving the people of St. Petersburg the Good ‘Ol Boys Championship Series. The mendous service to the community, and to and revitalizing the entire community. His University of Utah bowled over 13 opponents wish him well in his retirement. catch phrase is, ‘‘Another great day in St. Pe- this year without a single loss. It would be f tersburg,’’ and under his leadership, every day seemingly inappropriate for the Utes to be has become another great day for our commu- bowled over by the good ’ol boys off the field. ON THE OCCASION OF THE 50TH nity. The University of Utah Football Team de- ANNIVERSARY OF SENATOR As the only mayor honored this year, the serves to be National Champions. ROBERT C. BYRD’S SERVICE IN magazine dubbed Mayor Baker as ‘‘Mr. Inclu- f THE U.S. SENATE sive’’ for his work to revitalize the city’s econ- omy, improve its parks system, and improve HONORING THE SERVICE OF ROB- HON. NICK J. RAHALL II the city’s schools. ERT H. CHRISTY, JR., CLERK OF OF WEST VIRGINIA This is one of many honors Rick’s hard SUPERIOR COURT FOR BUN- IN THE HOUSE OF REPRESENTATIVES work and commitment to public service have COMBE COUNTY, NORTH CARO- earned him and the city. Just last September, Friday, January 9, 2009 LINA General Colin Powell’s America’s Promise Alli- Mr. RAHALL. Madam Speaker, this week, in ance named St. Petersburg one of our Na- HON. HEATH SHULER this Capitol, we are witnessing a convergence tion’s 100 Best Communities for Young Peo- OF NORTH CAROLINA of a number of events that will long stand out ple. IN THE HOUSE OF REPRESENTATIVES in our Nation’s collective memories. We are on During ceremonies September 22 at Union the front edge of a new session of Congress, Station, the organization cited St. Petersburg Friday, January 9, 2009 preparing for a landmark moment in the his- for its effort to improve its schools by forming Mr. SHULER. Madam Speaker, I rise today tory of America’s presidency. And, at the corporate sponsorships. In particular, it said, to honor Mr. Robert H. Christy, Jr., on his im- same time, we are celebrating a major mile- ‘‘St. Petersburg has a strong backbone—the pending retirement. He has faithfully and ef- stone for one of this Nation’s most devoted mayor—who, since 2003, has increased cor- fectively served as the Buncombe County and accomplished public servants—U.S. Sen- porate partners for its schools from nine to Clerk of Superior Court for the past 18 years ator ROBERT C. BYRD. nearly 80.’’ and will retire on December 31, 2008. It was 50 years ago, that Senator BYRD, for It was Rick Baker whose vision led to the Since his initial swearing in on September 1, the first time, took the oath of office to serve establishment of the Mayor’s Mentors & More 1990, Bob Christy has overseen the court sys- in the United States Senate—an oath he has program 6 years ago. With the support of the tem during a time of tremendous growth. Dur- now taken a record-setting nine times. Pinellas Education Foundation, which funded ing that time, his office has grown from 47 em- Yesterday, as numerous Members of the a city staff position to lead mentor training, the ployees to 65. Criminal and civil court filings House and Senate raised their own hands and city has trained more than 500 mentors over have more than doubled during his tenure. took their own very first oaths, I could not help the past 2 years. Previously practicing law in the community, but think about what it must have been like for Madam Speaker, as Rick Baker embarks Christy’s experience as an assistant clerk of our Senior Senator from West Virginia to upon his final year as mayor, it is good that he

VerDate Nov 24 2008 04:41 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JA8.001 E09JAPT1 smartinez on PROD1PC64 with REMARKS January 9, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E55 receives recognition for a job well done for the and Doris Shorter of Cataula, Georgia, upon sary Celebration marking the building of the people of St. Petersburg, Florida. He and his the occasion of their golden wedding anniver- Waterloo United Methodist Church in the Bor- work stand as a symbol for all that is good sary on January 17, 2009. In this day and age ough of Stanhope, County of Sussex, New about public service and those who choose to where family values are often discussed, I can Jersey, a vibrant community I am proud to serve. think of no greater testament to life, love, represent. f honor, and family values than the commitment Waterloo United Methodist Church was of a 50 year marriage. started in 1855 by a few families crowded into IN RECOGNITION OF JACK AND Samuel Shorter and Doris Lawson, both na- a general store. Devoted congregants con- DOLLIE HARVEY tive Georgians, were born, reared and edu- structed a church in 1859. The congregation cated in Terrell County. They met while at- continued to thrive until the Great Depression HON. JOHN BOOZMAN tending Terrell County high school. Sam was when church membership was reduced to all OF ARKANSAS the starting guard on the basketball team and but five congregants. Through the dedication IN THE HOUSE OF REPRESENTATIVES Doris was a pretty girl who caught his eye and of Mrs. Melissa Dolan, an organist and Sun- Friday, January 9, 2009 snared his heart. After courting for just a few day school teacher for the church for 50 Mr. BOOZMAN. Madam Speaker, I rise in months, they both realized they had found true years, the church was saved from abandon- recognition of the devotion and commitment love and were destined to be partners in life. ment. Not until 1971 was the church’s survival Jack and Dollie Harvey have shown their com- Shortly thereafter, Sam and Doris were joined once again threatened, this time by the con- munity. in holy matrimony on January 17, 1959. struction of a dam. Through the help of New In their 40 years of marriage, they have Along the way, during these last 50 years, Jersey State Senator Wayne Dumont the worked together to help others. Their romance they built a loving home, had successful ca- church was allowed to remain in use and the was born out of tragedy with each of them reers, created a business and raised a family. congregants unanimously voted to not sell the being widowed at a young age. Instead of Although they settled in New Jersey in the property to the State. In 1980, when member- dwelling on the hardships they faced in losing early 1960s, they never forgot their Georgia ship dwindled to eight families, a conscious ef- a loved one and, eventually, the challenges of roots, and retired to Georgia in 2003. fort was made by the congregation to keep merging their two families, they became more Their marriage has been blessed with three their beloved church alive and to this day the mindful of the needs of those around them. children—Malcom, Tonya and Courtney; a lov- church continues to be successful. They helped rebuild after the 1976 Teton Dam ing daughter-in-law Joan; and six grand- The United Methodist Church remains the collapse; ‘‘adopted’’ the homeless; taught at a daughters—Natalya, Olivia, Alazandra, Vic- only operating building in the restored 19th juvenile detention center; ministered in migrant toria, Ciara and Daijohna. century canal town of Waterloo Village. To- camps throughout the Southwest; volunteered Madam Speaker, I ask you and my col- day’s inter-generational congregation is lead at a community recreation center; counseled leagues to join me in congratulating the by three pastors, the only congregation in the the terminally ill and their families; organized Shorters as they celebrate 50 years of mar- State of New Jersey to be led by a pastoral and managed summer camps for children riage. It is refreshing to see two people who team, and welcomes parishioners from all from low-income families; entertained at nurs- have devoted their lives to creating a success- walks of life. Although few in numbers this ing homes, state hospitals and city missions; ful marriage and happy family. They are an progressive church takes great pride in ac- and gave their time, money and energy to example of what a little dedication, a lot of cepting people from diverse backgrounds, fol- every opportunity for service that came their love, and a belief in God can create. lowing in the footsteps of Jesus Christ whom way. f embraced those that society did not. Like many other Americans their age, the Madam Speaker, I urge you and my col- Harveys have to stretch their Social Security DULLES CORRIDOR METRORAIL PROJECT leagues to join me in congratulating Waterloo check to cover their monthly expenses. But United Methodist Church on the celebration of they don’t worry so much about paying the 150 years of serving its parishioners and all of bills. Quite often, their biggest concern is just HON. FRANK R. WOLF Sussex County. OF VIRGINIA finding the energy to breathe. Jack, 78, who f suffers from a chronic respiratory disease, and IN THE HOUSE OF REPRESENTATIVES Dollie, 71, a cancer survivor tethered to oxy- Friday, January 9, 2009 RECOGNIZING THE DEATH OF gen, squeeze their numerous doctor’s appoint- CLAIBORNE PELL Mr. WOLF. Madam Speaker, on behalf of ments and her frequent transfusions and injec- the entire Virginia Congressional delegation, tions into a hectic schedule devoted to minis- the people of the 10th District of Virginia, and HON. CHARLES B. RANGEL tering to others. everyone who uses Washington Dulles Inter- OF NEW YORK Sundays are busy days for the couple: IN THE HOUSE OF REPRESENTATIVES teaching Sunday school, practicing for Christ- national Airport, I want to thank Secretary of mas programs and guest preaching, their ef- Transportation Mary Peters for her efforts in Friday, January 9, 2009 giving final Federal approval to the Dulles Cor- forts continue to make a difference and inspire Mr. RANGEL. Madam Speaker, I rise today ridor Metrorail Project. all of those who meet them. Their lessons to pay tribute to Claiborne Pell, Princeton The Department of Transportation signed off have not been lost on their 8 children, 16 Graduate, former senator from Rhode Island, on the project committing some $900 million in grandchildren and 3 great grandchildren, who creator of Pell Grants, and writer of legislation Federal funds to this project, which has been include ministers, educators, law enforcement that created the National Endowment for the discussed and in the planning stages for dec- personnel, healthcare professionals, a social Arts and the National Endowment for the Hu- ades. It is gratifying to see this project become worker, military members and Arkansas and manities. He served six terms in the office, a reality and it would not have been possible U.S. Government officials. until 1997. without Secretary Peters’s bold leadership, Jack and Rollie long ago adopted the motto Words alone can not express my sincere personal attention, and ability to recognize the not to pass on peacefully but to charge ahead admiration for Claiborne Pell and the legacy critical need for congestion relief in the Dulles helping others until they drop—exhausted and he has left behind: a program that has given corridor. totally spent—into the grave. Truly, it is this grants to tens of millions of college students kind of commitment, this type of dedication, f and will continue to give grants to generations that makes America grew. TRIBUTE TO THE 150TH ANNIVER- of college students to come. f SARY CELEBRATION OF WATER- I truly admire Claiborne Pell for his commit- HONORING SAM AND DORIS LOO UNITED METHODIST ment to aiding students in paying for college SHORTER CHURCH education. The Pell Grants began with the cre- ation of a bill that created the Basic Education HON. RODNEY P. FRELINGHUYSEN Opportunity Grant (BEOG) which provided fi- HON. SANFORD D. BISHOP, JR. nancial aid to the needy to attend college. The OF GEORGIA OF NEW JERSEY Basic Education Opportunity Grant (BEOG) IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES was renamed in honor of Pell and his work for Friday, January 9, 2009 Friday, January 9, 2009 these grants in 1980 as Pell Grants: Pell had Mr. BISHOP of Georgia. Madam Speaker, I Mr. FRELINGHUYSEN. Madam Speaker, I sponsored the research of a two-volume re- rise today to offer my congratulations to Sam rise today to commemorate the 150th Anniver- port that had been the basis of the bill that

VerDate Nov 24 2008 04:49 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JA8.005 E09JAPT1 smartinez on PROD1PC64 with REMARKS E56 CONGRESSIONAL RECORD — Extensions of Remarks January 9, 2009 created the BEOG. Pell’s dedication to pro- Madam Speaker, David will be sorely SECOND ANNUAL NATIONAL viding assistance to college students in meet- missed. His policy knowledge, political acu- HUMAN TRAFFICKING AWARE- ing the high costs of a college education will men, generosity of heart, and dedication to his NESS DAY be remembered for years to come. work leaves an indelible impression, not only Claiborne Pell was also very dedicated to on myself but on all those members of my HON. LORETTA SANCHEZ the Arts and Humanities. He was the author of staff who work closely with him. David has OF CALIFORNIA the National Foundation of the Arts and the served as a colleague, leader, mentor and, IN THE HOUSE OF REPRESENTATIVES Humanities Act of 1965. Both of these led to friend to much of my staff over the years, and the creation of the National Endowment for the it is on their behalf, as well as mine, that I Friday, January 9, 2009 Arts and the National Endowment for the Hu- honor him today. Ms. LORETTA SANCHEZ of California. manities. The National Endowment for the Arts David is reliable and good-natured, hard- Madam Speaker, I rise today to recognize the fostered many techniques and styles that are working and humorous. His leadership in my second annual National Human Trafficking credited with making American artists distin- office has been marked by charity and devo- Awareness Day on January 11, 2009. Human guished worldwide. tion, acceptance and affection. David has trafficking is a modern form of slavery, and the Mr. Pell’s outstanding leadership, patriotism been an asset not only to Florida’s 23rd Dis- largest manifestation of slavery today. It con- and accomplishments will surely serve as an trict, and not only to the State of Florida, but tinues to be a multi-dimensional threat that de- inspiration for many Americans. also to the entire country, as an advocate of prives people of their human rights and dig- f those policies that seek to uplift people and nity. According to the U.S. Department of Health CONGRATULATING THE SAINT better their lives. Madam Speaker, as David and his wife, and Human Services, human trafficking is now FRANCIS SPARTAN FOOTBALL the fastest-growing criminal industry in the TEAM Nami, move from Washington, D.C. to Chi- cago, I wish them much happiness and the world. About 80 percent of transnational vic- best of luck in this new chapter in their lives. tims are women, girls and up to 50 percent HON. PETER J. ROSKAM I only insist that they both return to Wash- are minors. It is vital that the United States OF ILLINOIS ington to visit me as soon as possible. continue to expand our efforts to combat traf- IN THE HOUSE OF REPRESENTATIVES ficking both within and beyond our own bor- David, I thank you. Friday, January 9, 2009 ders. I am very proud that in my district, a number Mr. ROSKAM. Madam Speaker, I rise today f of agencies, including law enforcement, vic- to congratulate the Saint Francis Spartans GAZA tims service providers, and community organi- football team for their remarkable victory in the zations have joined together to form the Or- Class 5A Illinois State championship on No- ange County Human Trafficking Task Force. I vember 29, 2008. HON. BILL PASCRELL, JR. hope that more local communities will stand Saint Francis’ road to the State champion- together to protect every person’s right to be OF NEW JERSEY ship is a great story of success through hard free from forced marriage, prostitution, and work and determination. In the previous two IN THE HOUSE OF REPRESENTATIVES labor. seasons, the Spartans struggled vigorously to Friday, January 9, 2009 Each of us has a responsibility to fight overcome many obstacles. This year, all their human trafficking and slavery. I urge my col- hard work paid off. The steadfast Spartans Mr. PASCRELL. Madam Speaker, nearly leagues and all Americans to join me in recog- pulled off a tremendous turnaround, ending 9,000 rockets, missiles, and mortars have nizing National Human Trafficking Awareness the regular season with a record of 9–1. been fired into Israel since 2001, terrorizing Day, and working to stop human trafficking In Saturday’s championship game, the Spar- the Israeli people. More than 6,000 of them around the world. tans faced off against the top-ranked, 9-0 have fallen since Israel withdrew entirely from f Metamora Redbirds. The Redbirds entered the the Gaza Strip and Hamas took over its lead- game with a 27-game winning streak. Despite ership in 2005. The range of these rockets TRIBUTE TO RUTH COLE-CHU the steep challenge ahead, the Spartans continues to grow, putting more of Israel’s stayed focused on the game. They tenaciously population in danger. HON. JOE COURTNEY persevered, beating the Redbirds 49–35 and The humanitarian situation in Gaza also OF CONNECTICUT breaking the record for the most points scored worsens by the day, and scores of civilians IN THE HOUSE OF REPRESENTATIVES in the 5A title game. have been hurt or killed in the fighting. Hamas Friday, January 9, 2009 Madam Speaker and distinguished col- terrorists embed themselves in private homes, leagues, please join me in commending the schools, mosques, hospitals, and use innocent Mr. COURTNEY. Madam Speaker, I rise Saint Francis players and coaches for their in- Palestinians as human shields. today to honor the life of one of eastern Con- necticut’s most dynamic leaders, Ruth Cole- tensity and dedication throughout the season. I fully support Israel’s right to defend itself Chu of Salem, who passed away on Wednes- Their incredible performance in the State against the constant barrage of attacks from championship is a tribute to long hours of hard day, January 7, 2009. Hamas. However, it is imperative that both the Ruth was born in Hweli, China where her work, both on and off the field. Hamas government in Gaza and the State of Spartans, your families, your school, and parents were serving as Baptist Missionaries. Israel stop this cycle of violence that has After returning to the United States, Ruth at- your community are extremely proud of what caused hundreds of casualties, before it gets you’ve accomplished. I wish you all the best in tended Wheaton College in Illinois where she worse. Israelis in Southern Israel and Palestin- received her bachelor of arts in speech com- the future. Go Spartans! ians in Gaza live in constant fear for their f munications. She later attended Golden Gate lives, and this is unacceptable. University School of Law in San Francisco TRIBUTE ON THE DEPARTURE OF The Bush Administration must immediately where she received her law degree. CHIEF OF STAFF DAVID GOLD- take all necessary measures, in conjunction Ruth was a devoted wife, mother, and pub- ENBERG with the world community, to broker a peaceful lic servant. She was also an attorney and an and sustainable resolution to this volatile situa- education consultant. As an active member of HON. ALCEE L. HASTINGS tion. Should the President heed this call, it will her community, she participated in various bolster the incoming Obama Administration’s OF FLORIDA local boards and commissions. She served 6 efforts as it advocates for a lasting peace. IN THE HOUSE OF REPRESENTATIVES years as a member of the Board of Education, Military action will not result in an enduring including a term as chairwoman, where she Friday, January 9, 2009 resolution of these long simmering tensions. It fought tirelessly to expand opportunities for Mr. HASTINGS of Florida. Madam Speaker, is only through diplomacy and a strengthening the students of Salem. While she began her I rise today to honor my departing Chief of of the Israeli Palestinian reconciliation process career as an attorney, it was as an advocate Staff, David Goldenberg. With great reluctance that a sustainable two state solution will be for children that Ruth truly made her mark. but immense gratitude, I bid farewell to David achieved. The violence must stop and the Ruth believed that school communities after almost 9 years in my office, nearly 2 as healing process begin, before more civilians should be a place where children from all my Chief of Staff. are hurt and more lives are destroyed. walks of life could grow and learn. She was an

VerDate Nov 24 2008 04:41 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JA8.010 E09JAPT1 smartinez on PROD1PC64 with REMARKS January 9, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E57 unwavering advocate for multiculturalism and Bellaire’s fire and police departments are of a life well lived and ask for their thoughts diversity, and it was with that in mind that she among the best in Texas. Building on a strong and prayers as Berniece’s large, loving family founded the Inter-district School for Arts and foundation of neighbors helping neighbors, will gather together at the Forest Park Communications, the ISAAC Charter School. Bellaire’s firemen and policemen have helped Lawndale Cemetery and Funeral Home to say Since 1997, the ISAAC school has offered a make Bellaire one of the safest cities in Amer- their final goodbyes to their ‘‘doodle mama,’’ unique educational experience for students in ica. People from all over Texas and America this Saturday morning. southeastern Connecticut where they can continue to vote with their feet and their dol- f learn about the importance of diversity and the lars by moving their homes and businesses to IN RECOGNITION OF MARSHALL value of community service. Bellaire at a time when other communities BILLINGSLEA, DEPUTY UNDER Ruth’s belief in compassion and open-mind- across the nation are shrinking. SECRETARY OF THE NAVY edness is a message that she carried to all Bellaire was a part of the Seventh Congres- she met. It is a spirit that lives on in her own sional District in 1966 when the District’s first children, Emily, Hannah and Lily. While her Congressman was future President George H. HON. JEFF MILLER compassion for all children marked her legacy, W. Bush, who was followed by the Chairman OF FLORIDA it was the love that she had for her own chil- of the House Ways and Means Committee Bill IN THE HOUSE OF REPRESENTATIVES dren that defined her life. Archer. Population growth in the greater Hous- Friday, January 9, 2009 ton area caused District 7 to be drawn farther We in eastern Connecticut are blessed to Mr. MILLER of Florida. Madam Speaker, I west until 2006, when Bellaire once again be- have had such a dedicated public servant and rise today to recognize Marshall Billingslea, came part of this historic congressional dis- those of us who knew her are blessed to have the outgoing Deputy Under Secretary of the trict. had such a friend. We will take solace in her U.S. Navy. I am proud to recognize his service As someone who grew up next door in West memory and the example that she set for to the Nation and thank him for his contribu- University, with many fond memories of Bel- thousands of young people across our State. tions to our national defense. laire, I am especially proud to represent the To Lee, her beloved husband, and the entire Marshall entered public service after receiv- people of this great city as their Congressman Cole-Chu family, please know that our ing his master of arts in law and diplomacy in Washington, D.C. It gives me great pleas- thoughts and prayers are with you. from the Fletcher School of Law and Diplo- ure to congratulate the people of Bellaire on f macy in 1995. He served for over 6 years as building one of the safest, most prosperous, the Senior Professional Staff Member for Na- CITY OF BELLAIRE’S 100TH and most pleasant cities in America over the tional Security Affairs on the Senate Foreign ANNIVERSARY last 100 years, and I will always do everything Relations Committee. During this period, he I can to preserve, protect, and defend Bel- was the senior advisor to the chairman and HON. JOHN ABNEY CULBERSON laire’s wonderful quality of life for the genera- members of the committee on all proliferation, OF TEXAS tions that will follow us in the next 100 years. arms control, defense, intelligence, and Congratulations Bellaire. IN THE HOUSE OF REPRESENTATIVES counter-terrorism issues. These experiences f Friday, January 9, 2009 provided an enormous breadth of knowledge HONORING BERNIECE HUGHES and laid the foundation for a career of out- Mr. CULBERSON. Madam Speaker, I rise standing public service. today to celebrate the City of Bellaire’s 100th HON. KEVIN BRADY Mr. Billingslea later joined the Bush adminis- Anniversary. The prosperous and tranquil tration as the Deputy Assistant Secretary of neighborhoods of Bellaire, Texas exemplify OF TEXAS IN THE HOUSE OF REPRESENTATIVES Defense for Negotiations Policy and served as why so many new people and businesses the chief negotiator for all major international move to Texas every day. The people of Bel- Friday, January 9, 2009 agreements. In this capacity, he was the prin- laire take pride in their thriving city, which was Mr. BRADY of Texas. Madam Speaker, I cipal Department of Defense representative on founded in 1908 alongside the City of Hous- stand up today before my esteemed col- numerous U.S. arms control delegations, and ton. I grew up in West University Place, right leagues to honor a lifelong resident of my dis- the U.S. Head of Delegation for Transparency next door, and I experienced what every trict who just flat-out loved politics. Nothing— and Verification negotiations with the Russian young person in Bellaire enjoys today—the short of time with her three children, five Federation in connection with the Moscow comfort and joy of growing up in a small town, grandchildren, nine great-grandchildren and Treaty on Strategic Nuclear Reductions. even though we were in the middle of one of nine great-great-grandchildren—made In recognition of his outstanding accomplish- the biggest cities in America. Berniece Hughes of Conroe, Texas, happier ments, he was appointed the Acting Assistant One of Houston’s greatest strengths is the than getting mad at what we all had to say on Secretary of Defense for Special Operations/ small town feel of neighborhoods all over Har- her favorite all-news channels. The daughter Low-Intensity Conflict. As the principal civilian ris County, and nowhere is that small town of the late W.V. and Lennie Galloway Holliday advisor to the U.S. Secretary of Defense on safety, security, and prosperity stronger than of Polk County, Berniece Hughes did her Special Operations Forces and counter-ter- Bellaire. The people of Bellaire look after one growing up during the Great Depression. She rorism efforts against al Qaeda and other ter- another, and take pride in their city and their was a girls’ basketball and track team member rorist groups, he had enormous responsibility neighborhoods and fill up every parking spot at Goodrich High in Polk County where she to safeguard the American people in super- for blocks around whenever there is a parent was in the 1934 graduating class. The oldest vising all special operations activities in the meeting at a local school. of six, Berniece is now reunited in heaven with Department of Defense. When Hurricane Ike knocked down trees her brothers and sisters and her sweetheart, Prior to his current position, he served as and damaged property and knocked out the B.F. ‘‘Bert’’ Hughes. NATO’s assistant Secretary General for power, the people of Bellaire showed once A master of the one-liners, Berniece, even Defence Investment. He bolstered the national again why their beautiful city is so successful. at 92, was—as her daughter puts it—a ‘‘doo- security of the United States by promoting They did not sit around and wait for the fed- dle mama just like Driving Miss Daisy.’’ Lik- NATO armaments cooperation policies and eral government to help them. Neighbors sim- ening her mother and father to screen giants programs, and for military common funding. ply pulled out their chain saws, and their ham- Tracy and Hepburn, Lana says quick quips Additionally, he served as Chairman of mers and tools and walked door to door on and laughter were just part of growing up a NATO’s Conference of National Armaments their street to see who needed help. Elderly or Hughes. Berniece thoroughly enjoyed being Directors (CNAD) and Chairman of the Board infirm residents were helped by their next door home with her children—B.F. ‘‘Mike’’ Hughes, of Directors for NATO’s Consultation, Com- neighbors in the very best spirit of America. Jr. of Livingston, and Wayne Hughes and mand, and Control Organization. Bellaire’s small town roots go back to its Lana Hughes of Houston—as they were grow- As the first Deputy Under Secretary of the founding six miles outside of Houston in 1908 ing up. She was even more delighted to spend Navy in over 7 years, Marshall has been the by William Wright Baldwin. In 1918, when Bel- the second half of her days in Conroe enjoy- senior advisor to the Secretary of the Navy on laire was incorporated as an independent city, ing watching her children bring her grand- a wide range of policy and intelligence mat- its population was 200, and during World War children and her grandchildren bring her great- ters. His advice and counsel to the Secretary II the city grew rapidly. By 1948, the City of grandchildren and so on. Everyone who met during a time of war, as well as his leadership Houston had completely surrounded Bellaire, her described Berniece as ‘‘a pistol.’’ in standing up the DUSN organization, has yet Bellaire has always maintained its inde- Once again, Madam Speaker, I thank my been invaluable to the Secretary and the De- pendence as a home rule city. colleagues for allowing me to share the story partment of the Navy as a whole.

VerDate Nov 24 2008 04:41 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JA8.014 E09JAPT1 smartinez on PROD1PC64 with REMARKS E58 CONGRESSIONAL RECORD — Extensions of Remarks January 9, 2009 I am proud to recognize Marshall’s achieve- address the unique situation of these de- the late J.W. Brown, Jr., and Wanda A. ments and wish him and his wife, Karen, fenseless minorities. An article in Christi- Brown, were publishers of the Cass County along with their daughters, Morgan Alyssa and anity Today by Philip Jenkins described Democrat-Missourian in Harrisonville. Her fa- what was happening this way: ‘‘What we are Elsa Breanne, well as they pursue new en- seeing then is the death of one of the world’s ther served as Missouri Press Association deavors. greatest Christian enterprises.’’ President. She worked for 26 years as the f I urge you, in your final days as Secretary human resources manager for Cass County of State, to take dramatic action on behalf Publishing, volunteering extensively in her IRAQ’S STRUGGLING CHRISTIAN of this hurting population and a good start- spare time. COMMUNITY ing point is the recent recommendations put In 1971, Mary married Bill James, who him- forward by USCIRF. I respectfully request a self has been a prominent figure in the Mis- response from you, rather than the assistant souri newspaper business and is a former HON. FRANK R. WOLF secretary for Legislative Affairs. OF VIRGINIA Best wishes. president of the Missouri Press Association. IN THE HOUSE OF REPRESENTATIVES Sincerely, Bill is now the publisher of the Daily Star-Jour- nal in Warrensburg, Missouri. Friday, January 9, 2009 FRANK R. WOLF, Member of Congress. Mary, who is survived by Bill, by her two Mr. WOLF. Madam Speaker, I would like to f sons and their wives, by one granddaughter, share with our colleagues a letter I sent yes- by her mother, and by her sister, will be re- terday to Secretary Rice regarding the plight IN MEMORY OF MARY JAMES membered fondly by all who had the privilege of Iraq’s struggling Christian community. of knowing her, including me. She has led an It is my hope that people of faith throughout HON. IKE SKELTON exemplary life, which ought to serve as a the country contact both the incoming and out- OF MISSOURI model for young people in Missouri and going administrations and urge immediate ac- IN THE HOUSE OF REPRESENTATIVES throughout our nation. I know members of the tion to protect this ancient community, some of Friday, January 9, 2009 Congress will join me in paying tribute the life whom still speak Aramaic, the language of of Mary James and in extending condolences Jesus. Mr. SKELTON. Madam Speaker, it is with to her family and friends. CONGRESS OF THE UNITED STATES, deep sorrow that I inform the House of the f HOUSE OF REPRESENTATIVES, death of Mrs. Mary L. James. Washington, DC, January 8, 2009. Mary, who was born in West Plains, MO, INTRODUCTION OF THE KALAU- Hon. CONDOLEEZZA RICE, was a graduate of Harrisonville, MO, High PAPA MEMORIAL ACT OF 2009 Secretary of State, School and the University of Missouri, where Washington, DC. she received a bachelor of science degree in HON. MAZIE K. HIRONO DEAR SECRETARY RICE: Millions around the education. Mary also earned a master’s of world just celebrated Christmas. In churches OF HAWAII and homes throughout our own country chil- public administration degree from the Univer- IN THE HOUSE OF REPRESENTATIVES sity of Kansas. dren learned of Mary, Joseph, a census, a Friday, January 9, 2009 stable—of Nazareth and Bethlehem and other Through the years, Mary dedicated her life far away places. These lands of old that are to education, health care, and to the better- Ms. HIRONO. Madam Speaker, I rise today found throughout the Bible are still home to ment of her community and her state. She to introduce a bill to authorize establishment of ancient Christian communities with deep was a teacher, a volunteer, and lived her a memorial at Kalaupapa National Historical spiritual and cultural roots. In fact, with the whole life surrounded by or working in the Park on the island of Molokai, Hawaii, to exception of Israel, the Bible contains more news business. In 1999, Missouri Governor honor the memory and sacrifices of the some references to the cities, regions and nations Mel Carnahan appointed Mary as a member 8,000 Hansen’s disease patients who were of ancient Iraq than any other country. The patriarch Abraham came from a city of the University of Missouri Board of Cura- forcibly relocated to the Kalaupapa peninsula in Iraq called Ur. Isaac’s bride, came from tors, and she became the board’s president in between 1866 and 1969. I want to thank my northwest Iraq. Jacob spent 20 years in Iraq 2005. friend and colleague Congressman NEIL ABER- and his sons (the 12 tribes of Israel) were Mary also served organizations affiliated CROMBIE for cosponsoring this legislation. born in northwest Iraq. A remarkable spir- with the University of Missouri, which she so I had hoped to see this bill become law last itual revival as told in the book of Jonah oc- dearly loved, including the Chancellor’s Fund year. The 110th Congress version of the bill curred in Nineveh. The events of the book of for Excellence, the Advisory and Development (H.R. 3332) passed the House in February Esther took place in Iraq as did the account Committee within the College of Education, 2008. It was approved by the Senate Energy of Daniel in the Lion’s Den. Tragically Iraq’s ancient Christian com- and the Griffith’s Leadership Society for and Natural Resources Committee in June munity is facing extinction on this adminis- Women. Mary was also a member of the Jef- 2008. Unfortunately, despite heroic efforts by tration’s watch. According to the U.S. Com- ferson Club. In 2005, the Alumni Alliance rec- Senators AKAKA, INOUYE, and BINGAMAN, the mission on International Religious Freedom ognized Mary for Outstanding Alumni Service bill did not come before the full Senate for a (USCIRF), Iraq’s Christian population has to the University of Missouri System. vote. fallen from as many as 1.4 million in 2003 to Mary also worked as the executive director The policy of exiling persons with the dis- between 500,000 and 700,000 at present. of the Cass Medical Center Foundation, on ease that was then known as leprosy began USCIRF also reports that ‘‘while Christians the board of the Healthcare Foundation of under the Kingdom of Hawaii and continued and other religious minorities represented only approximately 3 percent of the pre-2003 Greater Kansas City, and on the board of the under the governments of the Republic of Ha- Iraqi population, they constitute approxi- Cass Medical Foundation. In 2006, she was waii, the Territory of Hawaii, and the State of mately 15 and 20 percent of registered Iraqi recognized by the University of Missouri as a Hawaii. Children, mothers, and fathers were refugees in Jordan and Syria, respectively, Distinguished Friend to the School of Nursing forcibly separated and sent to the isolated pe- and Christians account for 35 and 64 percent, because of her commitment to health care and ninsula of Kalaupapa, which for most of its respectively, of all registered Iraqi refugees to the University. history could only be accessed by water or via in Lebanon and Turkey.’’ Mary also served as a member of the a steep mule trail. Children born to parents at It is critical to note, as the figures above Harrisonville Park Board, including time as Kalaupapa were taken away from their moth- indicate, that the violence and intimidation that Iraq’s Christians and other ethno-reli- chairman. During her tenure on the park ers and sent to orphanages or to other family gious communities have faced is targeted. In board, she advocated for a community sales members outside of Kalaupapa. Hawaii’s iso- July 2008, the U.S. Conference of Catholic tax that led to building a pool and mainte- lation laws for people with Hansen’s disease Bishops Migration & Refugee Services said nance facility for the city of Harrisonville, she were not repealed until 1969, even though this about the minority religious commu- wrote a grant and raised funds to build an out- medications to control the disease had been nities: ‘‘These groups, whose home has been door theater, and she helped plan for a com- available since the late 1940s. what is now Iraq for many centuries, are lit- munity center. Mary was a member of the While most of us know about the sacrifices erally being obliterated—not because they Harrisonville Chamber of Commerce, the of Father Damien, who dedicated his life to are fleeing generalized violence but because they are being specifically and viciously vic- Harrisonville United Methodist Church, Chap- care for those exiled to Kalaupapa, fewer timized by Islamic extremists and, in some ter G.R. PEO, Delta Gamma, and the Univer- know of the courage and sacrifices of the pa- cases, common criminals.’’ sity of Missouri Alumni Association. tients who were torn from their families and We need a comprehensive policy or even a Mary’s family had been prominent in the left to make a life in this isolated area. It is im- point person at the embassy in Baghdad to Missouri newspaper business. Her parents, portant that their lives be remembered.

VerDate Nov 24 2008 04:49 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JA8.017 E09JAPT1 smartinez on PROD1PC64 with REMARKS January 9, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E59 Of the some 8,000 former patients buried in The result is that United States has paid a HONORING THOMAS MAYFIELD Kalaupapa, only some 1,300 have marked steep price in eroded moral authority. We’ve graves. A memorial listing the names of those flouted the very legal protections that we’ve HON. GEORGE RADANOVICH who were exiled to Kalaupapa and died there tried to export to the rest of the world. We’ve OF CALIFORNIA is a fitting tribute and is consistent with the pri- undermined the international human rights IN THE HOUSE OF REPRESENTATIVES mary purpose of the park, which is ‘‘to pre- standards that we helped create. And we’ve Friday, January 9, 2009 serve and interpret the Kalaupapa settlement provided a huge recruiting tool to al Qaeda. for the education and inspiration of present Mr. RADANOVICH. Madam Speaker, I rise and future generations.’’ For many years, the sponsors of this legisla- today to honor the life of Thomas Mayfield for Ka ‘Ohana O Kalaupapa, a non-profit orga- tion have fought to restore respect for the law his dedication to his family, business and com- nization consisting of patient residents at and human rights to our detention and interro- munity. Mr. Mayfield lost his fight against Kalaupapa National Historical Park and their gation policies. lymphoma on December 9, 2008; three days family members and friends, was established Now, with the election of a new President, shy of his seventy-eighth birthday. in August 2003 to promote the value and dig- we believe that goal is within reach. This legis- Thomas Mayfield was born on December nity of the more than 8,000 persons—some 90 lation is an essential first step. 12, 1930 in Holtville, California and was raised percent of whom were native Hawaiian—who in Imperial County, California. As an adoles- were forcibly relocated to the Kalaupapa pe- First, the bill requires the closure of the pris- cent his family moved to Hughson, California ninsula. A central goal of Ka ‘Ohana O on facility at Guantanamo Bay. The prison is where he attended and graduated from Kalaupapa is to make certain that the lives of so widely viewed as illegitimate, so plainly in- Hughson High School in 1948. As a young these individuals are honored and remem- consistent with America’s proud legal tradi- man, Mr. Mayfield worked in construction in bered through the establishment of a memorial tions, that it has become a stinging symbol of Alaska for 1 year before joining the Air Force. or memorials within the boundaries of the park our tarnished standing abroad. He served in the Air Force from 1950 to 1951, at Kalawao or Kalaupapa. The Supreme Court has brought the curtain and returned to work in Alaska until 1953. In Ka ‘Ohana O Kalaupapa has made a com- down on the legal fiction on which the prison 1954 he married his wife, Anita, and moved mitment to raise the funds needed to design was premised. It’s time for Congress to take back to Hughson. They began a small farm and build the memorial and will work with the the next step and close it permanently. growing walnuts, almonds and grapes. The National Park Service on design and location business eventually grew to include a hulling of the memorial. Our bill would require the President to close division. Up until a few months ago Mr. I have met with the elderly residents of the facility within 1 year of enactment and give Mayfield was still working out in the fields on Kalaupapa; many have expressed a strong him a range of choices for dealing with the de- the family farm. desire to know that the memorial will be built tainees. These options include transfer to a Mr. Mayfield has a long history of involve- before they die. I also read the heartfelt and detainee’s country of origin, so long as that ment in the Hughson community. He was a compelling testimony submitted by current pa- country provides certain assurances regarding member of the Stanislaus County Farm Bu- tients and family members of former patients treatment of the detainee; transfer to a facility reau, the Hughson Chamber of Commerce who want to make sure not only that the story in the United States to be tried before military and heavily involved with Saint Anthony’s of Kalaupapa is told but that the patients are or civilian authorities, like the first 1993 World Church. He also served 10 years on the recognized as individuals by having the names Trade Center bombers, who are currently Hughson Elementary School Board. In 1992, of each of those exiled to Kalaupapa and bur- being held in Supermax prisons in the United he decided to run for an open seat on the ied there recorded for posterity. Families that States; transfer to a qualified international tri- Stanislaus County Board of Supervisors Dis- have visited Kalaupapa and Kalawao search- bunal; or, if appropriate, outright release. trict 2, he was elected and began his 16-year ing in vain for the graves of their family mem- run on the Board in 1993. Supervisor Mayfield Second, the bill prohibits the interrogation of bers will find comfort in seeing those names was a strong voice for agriculture on the board any individual held by a U.S. intelligence recorded on a memorial. and a proponent of family issues. He served The National Park Service is supportive of agency or its contractors using any technique on numerous committees and commissions; this legislation. I am hopeful that the Senate or treatment not authorized by the United including serving as Vice President in 1996 will soon pass an omnibus bill including the States Army Field Manual on Human Intel- and as the chairman of the board in 1997. He text of this legislation and other public lands ligence Collector Operations. Torture and abu- was the Board’s representative to the Com- bills. sive treatment is not only contrary to American mission on Aging, Fish and Wildlife Com- I urge my colleagues to join me in sup- values, the law, and international human rights mittee, General Plan Update Committee, Joint porting this important legislation. agreements, there is no evidence that it yields Powers Authority Committee and member of reliable intelligence. This legislation will require f the LAFCO Commission. He served as an al- that our intelligence agencies do not engage ternate to the San Joaquin Valley Unified Air INTRODUCTION OF H.R. 374 in such practices. Pollution Control District Board of Directors, Third, the bill forbids the Central Intelligence Safety Committee, Stanislaus Area Associa- HON. JANE HARMAN Agency from using a contractor or subcon- tion of Governments Executive Committee and OF CALIFORNIA tractor to carry out an interrogation, ending a an alternate to the Emergency Medical Serv- IN THE HOUSE OF REPRESENTATIVES practice that has been fraught with abuse. ices Board of Directors and the Stanislaus- Ceres Redevelopment Committee. He was Friday, January 9, 2009 Finally, the bill requires that the intelligence serving as chairman this year until he became Ms. HARMAN. Madam Speaker, today we community provide the International Com- too ill to attend meetings. Supervisor Mayfield are introducing legislation that will begin a mittee of the Red Cross with access to any in- was completing his fourth term on the board long-needed course correction in U.S. interro- dividual in its custody, providing transparency and did not run for re-election this year. He gation policies. and accountability that will restore the world’s was an advocate, a dedicated public servant, In the months and years after the Sep- confidence in our detention and interrogation a leader and a great friend to all that knew tember 11 terrorist attacks, I repeatedly urged practices. The notion that our country essen- him. the Bush administration to establish a legal tially ‘‘disappeared’’ some detainees is abhor- Supervisor Mayfield is survived by his wife framework that allowed the United States to rent—we are not the Soviet Gulag or the Chil- of over 50 years, Anita; a daughter, Lisa identify, detain, and interrogate those who ean military. Mayfield-Rigg; a son, Tom Mayfield; and three would harm us while protecting our funda- grandsons. He was preceded in death by a The portions of the legislation relating to the mental values. Instead, the administration daughter, Laurie Woodward. prison facility at Guantanamo Bay are identical claimed for itself the right to ignore core provi- Madam Speaker, I rise today to post- to H.R. 2212, which I introduced in the 110th sions of U.S. law regarding the treatment of humously honor Supervisor Thomas Mayfield Congress, and the remaining provisions are detainees. It brushed aside international for his dedicated services to his family, his identical to legislation introduced earlier this agreements like the Geneva Convention, business and his community. I invite my col- which have both protected our troops and set week by Senator DIANNE FEINSTEIN. leagues to join me in honoring his life and the bar for human rights. We urge swift passage in both Chambers. wishing the best for his family.

VerDate Nov 24 2008 04:41 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A09JA8.020 E09JAPT1 smartinez on PROD1PC64 with REMARKS E60 CONGRESSIONAL RECORD — Extensions of Remarks January 9, 2009 OPENING OF NEW LEED GOLD RECOGNIZING THE 50TH WEDDING zens of the United States of America. They CERTIFIED CUB FOODS STORE IN ANNIVERSARY OF MR. AND MRS. are true stewards of the American dream, and ST. PAUL, MN ENCARNACION AREVALO I celebrate them and thank them for their con- GUERRA tributions to the Great State of Texas. f HON. BETTY McCOLLUM HON. HENRY CUELLAR TRIBUTE TO MRS. JOSEPHINE OF TEXAS OF MINNESOTA ARNOLD IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Friday, January 9, 2009 HON. FRED UPTON Friday, January 9, 2009 Mr. CUELLAR. Madam Speaker, I proudly OF MICHIGAN rise today in recognition of the 50th Wedding Ms. MCCOLLUM. Madam Speaker, I rise IN THE HOUSE OF REPRESENTATIVES Anniversary for Encarnacion ‘Carny’ Arevalo today to congratulate Minnesota-based gro- Guerra and Emma Flores Guerra. The lives of Friday, January 9, 2009 cery retail company Cub Foods for its planned these individuals have been uniquely Amer- Mr. UPTON. Madam Speaker, I rise today in opening of one of the nation’s first LEED ican, and this Golden Anniversary of theirs is recognition of Mrs. Josephine Arnold of Por- (Leadership in Energy and Environmental De- a special moment for not only them, but for tage, Michigan, for her nearly 30 years of dis- sign) Gold Certified grocery stores in St. Paul, their family and friends. tinguished service to the Portage Senior Cen- Minnesota. Encarnacion Arevalo Arevalo was born May ter and the greater Kalamazoo area. 15th, 1940 in McGregor, Michigan to Sacarias Jo began working with the Portage Senior The new store, located in the heart of St. Bonilla Guerra and Ines Arevalo. Emma Flores Center in 1979 and was named its charter di- Paul’s Phalen neighborhood, will be the first Guerra was born December 13th, 1940 in San rector in 1992 when the Portage City Council LEED Gold Certified grocery store in Min- Antonio, TX to Alfredo Saucedo Flores and created the Department of Senior Services to nesota and the second in the United States. It Ofelia Cavazos Flores. From San Antonio, give the senior center a direct link to the coun- received an award from the Environmental Emma’s family moved to Saginaw, Michigan cil. Since its inception 30 years ago, the Por- Protection Agency’s GreenChill Partnership at that she met Encarnacion. Both fathers of the tage Senior Center has gained 2,000 mem- Gold-Level Certification for outstanding use of honored couple worked at General Motors bers and currently has a regular daily attend- environmentally friendly refrigeration tech- during the 1940’s, a crucial period when man- ance of 200 senior citizens. Under Jo’s leader- nology. I want to congratulate Brian Huff, ufactures were devoting all effort to preparing ship in 2000, the Portage Senior Center be- President of Cub Foods; Mark Halvorson, the military with proper equipment. came Michigan’s first nationally accredited Phalen Cub Foods Store Manager; and Jeff Music played an important role in both of senior center and one of an elite group of 127 their lives. As children they loved music and centers that have been nationally accredited. Noddle, Chairman and CEO of Cub Food’s would attend weekly dances in Saginaw, Throughout the years, Jo’s overriding goal at parent company SUPERVALU for their out- Michigan as young adults. This later would in- the center has been to promote personal standing environmental leadership in setting a spire them to start a business. When both growth, health, friendship, and independence new standard in the grocery retail industry. were in junior high, attending Central Junior for area seniors and all generation partici- As a member of the Congressional Green High in Saginaw, Encarnacion played the sax- pants. In addition to her career with the city of Buildings Caucus I firmly believe that energy ophone, and Emma the French horn. This is Portage, Jo has been an active community efficiency in our nation’s buildings must play where they met and began their relationship. member as an instructor at Kalamazoo Valley an important part in a 21st century energy Not all went as planned however as Emma’s Community College and as the activities direc- family was forced to move back to San Anto- tor of Friendship Village. strategy for the United States. The innovations nio. This would not stop their relationship how- Jo has been an inspirational figure, exuding Cub Foods brings to the St. Paul Phalen com- ever. The young couple stayed in touch by friendship, generosity, and leadership in her munity with its new LEED store are excep- writing letters to each other at every chance commitment to a population often neglected tional and should be replicated nationwide. they had. by society. Her dedication to community devel- The new 62,900 square-foot store has sky- It was January 10, 1959 that the two mar- opment will be remembered for years to come lights to illuminate 75 percent of occupied ried in a large ceremony at St. Joseph’s and her example followed to continue to aid spaces and has the first commercial parking Catholic Church. After marriage, Encarnacion senior citizens in Kalamazoo. lot in Minnesota illuminated using only LED supported his growing family with his contin- Once again, I would like to personally con- lights. It incorporates a landscape irrigation ued employment at General Motors in Sagi- gratulate and thank Jo Arnold for her many system that uses 50 percent less water than naw for 10 years. It was during this time that years of public service to the citizens of this typical systems. In addition, 75 percent of the the two welcomed 5 daughters into their fam- great country. Southwest Michigan is truly a ily: Cynthia, Sylvia, Judith Ines, Belinda, and better place because of her contributions. building construction waste will be recycled. Elaine. f Such innovations must become the standard After leaving GM, the family moved to La- for America’s buildings as we tackle the chal- redo, Texas. It was here the couple purchased 125TH ANNIVERSARY OF MOUNT lenges of climate change and energy security. and converted the Bowl-A-Rama into what we FERN UMC In addition, the Phalen Cub Foods store now know as the ‘‘Casa Blanca Ballroom’’. was an integral part of St. Paul’s East Side re- The Ballroom has become a landmark and HON. RODNEY P. FRELINGHUYSEN development project and has created approxi- has held a prominent place in the lives for OF NEW JERSEY mately 135 new part-time and full-time jobs for Laredoans for almost 40 years now. IN THE HOUSE OF REPRESENTATIVES From here the couple went on to purchase the neighborhood. As we face a global reces- their first radio station in Nuevo Laredo and Friday, January 9, 2009 sion, such green projects are a win-win for the name it ‘‘Radio Canon’’. This proved to a wise Mr. FRELINGHUYSEN. Madam Speaker, I environment and our economy. investment, and the Guerra’s later purchased rise to recognize the one hundred twenty-fifth As Cub Foods commemorated their 40th share holdings in seven more radio stations. anniversary of the Mount Fern United Meth- Anniversary in 2008, the commitment Cub is After a short try at retirement, the two returned odist Church, in Randolph, New Jersey. making to the long-term well-being of the envi- to the business and acquired three new radio The first service at Mount Fern Church was ronment, their customers and employees truly stations: Z–93, Energy 98, and K-Onda. In held on November 11, 1883. Mount Fern 1995, the couple moved to San Antonio, but Church was an offshoot of the Millbrook Meth- exemplifies Minnesota’s strong tradition of remain active in the communities. Today, odist Church established 50 years earlier in community and responsible stewardship of our when Encarnacion is not tinkering in his gar- 1833. Mount Fern was built to serve the grow- community and our planet. I congratulate Cub den, the two are fulfilling their dream of trav- ing surrounding community and the workers at Foods on its efforts and look forward to con- eling the world. The Guerras are a vibrant ex- Mine Hill who did not have transportation to tinuing our shared fight for a greener building ample of living the American dream. Millbrook. sector and stronger economy. Madam Speaker, please join me in cele- John R. Spargo is the person most respon- brating them on the 50th Wedding Anniversary sible for the church at Mount Fern. He do- not just as local icons in Texas, but model citi- nated the land, provided the financing, helped

VerDate Nov 24 2008 04:41 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JA8.023 E09JAPT1 smartinez on PROD1PC64 with REMARKS January 9, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E61 build the church, and he gave the church a and reliable adult becomes a mentor, the ben- Team. He also established a horse-mounted new name, Mount Fern Church. efits to the mentee can last a lifetime. Count- unit, added a ballistic identification system, By 1880 Mount Fern was a hilltop commu- less stories show the positive outcomes of a and acquired command and crime scene in- nity of about 25 homes, a dozen or so farms, good role model. vestigation vehicles. and the mining families. The successes of the Quality mentoring relationships between reli- Chief Ortega has served on the Board of Di- local mines attracted still more miners to Ran- able adults and our young people are invalu- rectors of various organizations, including the dolph. After moving to an old stone farm- able. Millions of adults nationwide are acting California Police Chiefs Association and the house, John Spargo held Methodist class as excellent role models while providing guid- United Way of Monterey County. He is also a meetings in his home. The old stone house ance and advice to our young people—many past president of the Monterey County Chief served as both an early church and Sunday of whom face problems at home or difficulties Law Enforcement Officers Association. His school. Its two small rooms were soon filled to at school. Without a good, solid role model, memberships include the International Asso- capacity. Eventually the community decided it our kids are more likely to drop out of high ciation of Chiefs of Police and the National was time to build a new church. school or to become involved with drugs or al- Latino Police Officers Association. The Rev. Robert Jenkins served as the first cohol. Madam Speaker, Chief Daniel M. Ortega pastor of Mount Fern Church from 1883–1884 Unfortunately, research shows that about 15 leaves an indelible legacy and a shining ex- and returned for a second year in 1894. Many million children across the United States are in ample to his officers, peers, and successors. of the Mount Fern early pastors were laymen, need of a mentor and a good role model. It is On behalf of the House, I wish Chief Ortega, people who lived in the community, often with crucial that we begin to reach these children his wife Donna, and their family continual hap- a farm of their own, and volunteered to lead to give them a better future and hope. We are piness and prosperity as he progresses on to the church for a year or two. calling on more adults to rise to the occasion well-deserved retirement. Mount Fern was well attended in its earliest and to act as a role model to our children. f years. However, membership declined when Madam Speaker, thank you very much for the local mines closed. By 1914 the church the opportunity to offer a resolution honoring HONORING BOB PICKARD listed only 30 members. America’s mentors on the occasion of National The first Mount Fern Church Fair was held Mentoring Month, 2009. I urge its quick pas- HON. GEORGE RADANOVICH on July 4, 1914. Booths surrounding the sage. OF CALIFORNIA church sold food, gifts, and souvenirs. A f IN THE HOUSE OF REPRESENTATIVES baked goods booth featured fresh-baked cook- Friday, January 9, 2009 ies and Anne Spargo’s apple pies. Chicken IN HONOR OF DANIEL M. ORTEGA suppers were served from a tent erected on Mr. RADANOVICH. Madam Speaker, I rise the grounds. Fireworks at the first fair, by acci- HON. SAM FARR today to congratulate Bob Pickard upon his re- dent or mischievous design, ignited pre- OF CALIFORNIA tirement as Mariposa County Supervisor, Dis- maturely. Mount Fern never attempted fire- IN THE HOUSE OF REPRESENTATIVES trict V. Supervisor Pickard was honored by the Mariposa County Board of Supervisors on works again, but the church fair became a Friday, January 9, 2009 popular annual event for over 50 years. Tuesday, December 16, 2008. By 1948 there were about 100 houses in Mr. FARR. Madam Speaker, I rise today to Bob Pickard was originally appointed on the community. New families moved into the honor the career of a great public servant on September 4, 1996, by Governor Wilson to fill area and the church began to grow. In 1952 the occasion of his retirement. Daniel M. Or- an unexpired term on the Mariposa County construction of a new fellowship hall began. tega has served the City of Salinas as Chief Board of Supervisors, District V. He was elect- Growth continued and membership swelled of Police for nearly a decade, working hard to ed in 1996 and re-elected in 2000 and 2004. to 350 after the arrival of Rev. Diane Gilbert provide its citizens with a sense of peace, Over the past decade, Supervisor Pickard has in 1996. safety, and security. He retired this week after been involved in numerous projects, commit- Although over the years the building has an exemplary 42-year public safety career. tees, and organizations. He served as chair in changed, the church has not. Mount Fern Chief Ortega began his career in his home- 1999, 2003, and 2005. Under his role of su- Church remains a congregation of people town of Stockton, California, as a patrol offi- pervisor he served on the Disaster Advisory united in their faith. cer. He then moved to San Jose, where he Council, Fish Camp Community Planning Ad- Madam Speaker, I ask that the House rec- spent 28 years ascending the ranks of the visory Council, Wawona Appeals Board, ognize this remarkable church and parish- San Jose Police Department. His assignments Wawona Town Planning Advisory Committee, ioners who have contributed so much toward included 12 years as a hostage negotiator, 3 and Mariposa Solid Waste AB939 Local Task the preservation and appreciation of American years as the Executive Director of the Police Force. Over the years, he also served on the history through their place of worship at Mount Activities League, and as the Captain of the board of directors for over 10 different agen- Fern United Methodist Church in Randolph, Special Operations Division. In June 1999, cies including: Area 12 Agency of Aging Joint New Jersey. Chief Ortega left the San Jose Police Depart- Powers Authority Governing Board, California f ment as a Deputy Chief of Police and Chief of State Association of Counties Government Fi- Detectives. nance and Operations Committee, and Cali- NATIONAL MENTORING MONTH In Salinas, Chief Ortega championed com- fornia State Association of Resource Con- munity-oriented policing. He created a police servation and Development Council. Super- HON. SUSAN A. DAVIS substation on Salinas’ east side to ensure in- visor Pickard worked tirelessly on dozens of OF CALIFORNIA creased community access to the police. projects to revamp the county, community IN THE HOUSE OF REPRESENTATIVES Moreover, he coordinated with business lead- planning and development, recreation facili- ers to develop strategies to increase the safe- ties, landfill, wastewater treatment facilities, Friday, January 9, 2009 ty of local businesses. Chief Ortega was also airport improvement, road and fire station im- Mrs. DAVIS of California. Madam Speaker, instrumental in creating a Community Services provements. During his tenure, he was regu- I rise today to introduce a resolution recog- Coordinator position within City Hall. Addition- larly involved in the resolving of natural disas- nizing and honoring those who make a dif- ally, he revitalized the School Resource Offi- ters including the floods of 2005, the Ferguson ference in the lives of our young people cer program to polish the image of police rock slide disaster of 2006 and the recent across the United States. amongst the city’s youth. Seeking to staff the wildfires of 2008. I am honored to be joined by Congressman department with ‘‘homegrown’’ police officers, Supervisor Pickard has worked with the MIKE ROGERS of Michigan and Congress- Chief Ortega established a cadet program, State government for assistance in resolving woman BETTY MCCOLLUM of Minnesota in in- which mentored youth from ages 16 to 21. issues that affect small rural counties. He was troducing a resolution marking January of Furthermore, in conjunction with the County of successful with legislation to bring $400,000 to 2009 as National Mentoring Month as pro- Monterey, he was integral in developing the Mariposa County, $80,000 per year for coun- claimed by the President of the United States. highly successful Joint Gang Task Force. ties with no incorporated cities, for their fair National Mentoring Month celebrates and hon- In addition to his community-oriented ap- share of the gasoline tax and vehicle license ors those who are mentors and draws atten- proach, Chief Ortega improved the Salinas fees; $900,000 for local road rehabilitations; tion to the great need for more mentors. Police Department in other ways. He in- $240,000 to provide equity funding for rural Mentors make a tremendous difference in creased the force from a strength of 150 to counties and their hazardous waste inspec- the lives of our children. When a responsible 187 and expanded the Hostage Negotiation tions on local businesses; $120,000 and an

VerDate Nov 24 2008 04:41 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JA8.026 E09JAPT1 smartinez on PROD1PC64 with REMARKS E62 CONGRESSIONAL RECORD — Extensions of Remarks January 9, 2009 additional $64,000 for 1 year and ongoing having been considered in the other body as RECOGNIZING ISRAEL’S RIGHT TO funding for continuing noxious and invasive part of omnibus legislation. I have, therefore, SELF DEFENSE week eradication; and $180,000 were secured reintroduced this bill today given the ongoing for the Mariposa Creek Parkway and other im- necessity and importance of improving and HON. BEN CHANDLER provements. Supervisor Pickard has been an streamlining our ocean and coastal mapping OF KENTUCKY integral member of the Mariposa County capabilities. Ultimately, this bill, if enacted, will IN THE HOUSE OF REPRESENTATIVES Board of Supervisors, his impact on the coun- improve the conservation and management of ty will be displayed for years to come. marine resources and marine transportation Friday, January 9, 2009 Madam Speaker, I rise today to commend safety. Mr. CHANDLER. Madam Speaker, I rise and congratulate Supervisor Bob Pickard upon today to recognize Israel’s enduring friendship his retirement from the Mariposa County f with the United States of America, as well as Board of Supervisors. I invite my colleagues to its right to self-defense in an appropriate and join me in wishing Supervisor Pickard many LETTER TO SPEAKER PELOSI proportional manner from the threats posed to years of continued success. it by its neighbors who seek its demise. f HON. JAMES R. LANGEVIN As most Palestinians hunger for peace, the OF RHODE ISLAND actions of Hamas, sponsored by Iran and INTRODUCTION OF THE OCEAN often attempting to maximize Palestinian civil- IN THE HOUSE OF REPRESENTATIVES AND COASTAL MAPPING INTE- ian casualties, make this road to peace much GRATION ACT Friday, January 9, 2009 more difficult. Israel withdrew from Gaza in Mr. LANGEVIN. Madam Speaker, I submit 2005, hoping that this withdrawal would usher HON. MADELEINE Z. BORDALLO the following: in peace between the two rivals. However, OF GUAM HOUSE OF REPRESENTATVES, since 2005 Hamas has fired thousands of IN THE HOUSE OF REPRESENTATIVES Washington, DC, January 6, 2009. rockets into Israel. Over the past 6 weeks Friday, January 9, 2009 Hon. NANCY PELOSI, alone, Hamas, outside the confines of the Speaker, House of Representatives, ceasefire agreement, fired hundreds of rockets Ms. BORDALLO. Madam Speaker, today I Capitol, Washington, DC. and mortars into Israel without warning, killing have reintroduced legislation to provide a DEAR MADAM SPEAKER: This letter is to ad- men, women and children. These continuous framework for an integrated ocean and coastal vise you that, effective today, I am taking a acts of terror have left Israel with no other mapping program within the Federal govern- leave of absence from the Homeland Security choice but to defend its citizens. Committee until my tenure on the House ment. The bill, entitled the ‘‘Ocean and Coast- An important and reliable ally in an unstable al Mapping Integration Act,’’ specifically re- Permanent Select Committee on Intelligence is completed. I understand that I will retain region, Israel is fundamental to our foreign quires the President to establish a program for my seniority on the Homeland Security policy in the Middle East. I am disappointed to the development of a coordinated and com- Committee for the duration of my leave. see an end to the 6-month ceasefire between prehensive federal ocean and coastal mapping Thank you for your assistance with this Israel and Hamas, as this ultimately leads to plan for the Great Lakes and coastal state wa- matter. more civilian casualties on both sides. How- ters, the territorial sea, the exclusive economic Sincerely, ever, I think it is important to recognize that zone, and the continental shelf of the United JAMES R. LANGEVIN, Israel faces great threats along its border from Member of Congress. States. which it has every right to defend itself. The program is meant to enhance eco- During the 6-month ceasefire, Israel’s sup- system-based approaches in decision-making f port of the people of Gaza—such as supplying for conservation and management of marine CENTER FOR THE STUDY OF food, medical and other supplies—was com- resources and habitats, establish research and WOMEN AND WORKPLACE POLICY mendable. This assistance highlights the po- mapping priorities for federal-state-local gov- tential for a peaceful resolution to this endur- ernment partnership, support the sound siting HON. JOHN D. DINGELL ing conflict, which I hope to see in my lifetime. of research and other platforms off our coast- f lines, and advance ocean and coastal science. OF MICHIGAN The President shall coordinate with affected IN THE HOUSE OF REPRESENTATIVES IN HONOR OF LIEUTENANT coastal states and territories and an Inter- COLONEL RICHARD W. SKOW Friday, January 9, 2009 agency Committee on Ocean and Coastal Mapping to be convened by the Administrator Mr. DINGELL. Madam Speaker, today, Rep- HON. SAM FARR of the National Oceanic and Atmospheric Ad- resentative CAROLYN MALONEY and I are re- OF CALIFORNIA introducing our bill to establish a Center for ministration, NOAA, in establishing this pro- IN THE HOUSE OF REPRESENTATIVES gram. The program is also meant to facilitate the Study of Women and Workplace Policy. the adoption of uniform mapping standards The Center would compile and analyze data Friday, January 9, 2009 and the utilization of the latest technology for on the differences between the earning of men Mr. FARR. Madam Speaker, I rise today to mapping activities. Such an approach will and women and to identify factors which affect recognize the distinguished military career of allow for the sharing of maps among stake- those differences. The Center would also pub- United States Army LTC Richard W. Skow. On holders. lish their results in the form of a ‘‘Best Prac- behalf of the whole House, I am honored to Today, at least 15 Federal agencies, most tices Guide’’ for businesses containing guide- extend to Lieutenant Colonel Skow and his coastal states and territories, and numerous lines to promote workplace equity, retaining family the gratitude of the Congress and the local agencies, academic institutions, and pri- women in the workplace and promoting a fam- American people for his service on the occa- vate companies conduct mapping and charting ily friendly workplace. sion of his retirement after 24 years in uni- activities for U.S. waters. No central repository I’m sorry to say that my home state of form. or coordinating authority, however, exists Michigan has one of the largest earning gaps During his long and decorated career Lieu- under U.S. law to oversee and track these between college educated men and college tenant Colonel Skow made enormous con- various mapping efforts. The absence of co- educated women. College-educated women in tributions to the success of the U.S. Army’s ordination in mapping has resulted in redun- Michigan earn just 70 percent of what college- worldwide mission. Most recently, he served dancy of efforts in certain areas. While some educated men earn, making the state 47th in for the last year and a half as the Defense areas are ‘‘over mapped,’’ there is a lack of the Nation in terms of pay equity—that accord- Language Institute’s, DLI’s, Chief of Staff data for other regions. The program author- ing to the American Association of University where he had previously studied Portuguese. ized by this bill is meant to reduce such re- Women. I know that Michigan is home to He built a reputation for an outstanding work dundancy, and expand the availability of qual- some of the most talented, skilled women on ethic, sound judgment, and proactive leader- ity, up-to-date, accurate and comprehensive that planet. It is time that they get paid in a ship—a true example for the junior officers maps and charts for all U.S. waters. way that reflects those abilities. The establish- under his command. As chief of staff, he I introduced this bill in the 110th Congress ment of such a center and the publication of played an instrumental role in helping his com- as H.R. 2400. The bill passed the House of its research findings will go a long way toward mander fulfill the DLI’s complex mission. His Representatives on July 23, 2007, but did not closing the pay gap in Michigan and through- duties included, but were not limited to, per- receive the approval of the Senate despite it out our Nation. sonnel and budget management, special

VerDate Nov 24 2008 04:41 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JA8.029 E09JAPT1 smartinez on PROD1PC64 with REMARKS January 9, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E63 projects, congressional inquiry review and re- In closing, Madam Speaker, I want to ex- fornia State Mining and Mineral Exhibit issues. sponse, and primary command briefing re- tend the gratitude of the House to Lieutenant Supervisor Fritz worked tirelessly on many sponsibilities. Colonel Skow and his wife, Janice, for their projects benefiting the county that ranged from Highlights of his service prior to DLI include: service to the Nation and to wish them the community planning and development, waste- Defense and Army Attache´, Uganda, July very best in the future. water treatment facilities, recreation facilities, 2005–July 2007. In this role, Lieutenant Colo- f road and fire station maintenance, airport im- nel Skow advised the ambassador on Ugan- provements, and restoration of the Mariposa da’s continually shifting security situation. He HONORING DIANNE FRITZ Courthouse. During her tenure there were nat- coordinated with the Ugandan Army in dealing with the Lord’s Resistance Army and reported HON. GEORGE RADANOVICH ural disasters that she worked diligently on, for on the activities of this group in neighboring example the floods of 2005, the Ferguson OF CALIFORNIA countries. Notably, he was instrumental in the Rock Slide Disaster of 2006, and the recent IN THE HOUSE OF REPRESENTATIVES recovery of five citizens from the UK, Australia wild fires of 2008. and New Zealand after an attack by LRA in- Friday, January 9, 2009 Supervisor Fritz has worked on many issues surgents. Mr. RADANOVICH. Madam Speaker, I rise pertaining to economic development. She was Army Attache´, South Africa, January 2003– today to congratulate Dianne Fritz upon her instrumental in the privatization of the Visitors’ July 2005. Lieutenant Colonel Skow regularly retirement as Mariposa County Supervisor, Bureau, with the formation of the Yosemite/ reported on military issues in South Africa District IV. Supervisor Fritz will be honored by Mariposa County Tourism Bureau and fought where he coordinated a joint training exercise the Mariposa County Board of Supervisors on the closure of Mount Bullion Youth Conserva- between a U.S. Ranger company and the Tuesday, December 16, 2008. South African airborne regiment. Additionally tion Camp. She also worked on the General Dianne Fritz was elected to the Mariposa he coordinated the procurement and transpor- Plan update for Mariposa County, improve- County Board of Supervisors, District IV in tation of South African mine resistant armored ments to community parks, health care, public 2004 and officially took office in January 2005. personnel vehicles, NYALA, and mine detec- safety and agri-nature tourism. Supervisor In 2008 she served as Vice-Chair of the Board tion and IED detection vehicles, HUSKY, for Fritz has always been active in the commu- deployment to Afghanistan and Iraq. of Supervisors and also the Vice-Chair for the nity; she performed with the Vagina Monologs Defense and Army Attache´, Rwanda, Octo- Mariposa County Local Transportation Com- and other fundraising activities in support of ber 1998–December 2001. Lieutenant Colonel mission. For the past four years, Supervisor the Mountain Crisis Services programs for vic- Skow served as the primary military/political Fritz has been involved in numerous projects, tims. She also coordinates the ‘‘Las Mariposas advisor to the ambassador during a violent in- committees, and organizations. As supervisor Civil War Days Re-enactment’’. She is an ac- surgency in northwest Rwanda. He monitored she has served on the board of directors for tive member of Soroptimist International, the security situation in northwest Rwanda and numerous agencies and organizations includ- Mariposa County Chamber of Commerce, the ing: Mountain Valley Emergency Medical Serv- advised the ambassador regarding travel re- Order of the Eastern Star and the Republican ices Agency; National Association of Counties; strictions for U.S. citizens. He was responsible Central Committee. Supervisor Fritz has been San Joaquin Valley Regional Association of for routine interface with Rwandan military per- an integral member of the Mariposa County California Counties; Yosemite Area Regional sonnel and interviewed insurgent prisoners of Board of Supervisors, and her impact on the Transportation System, YARTS, Joint Powers all ranks. In addition to providing current com- county will be displayed for years to come. bat intelligence and information from the Authority; High Speed Rail Authority; San Joa- POWs, Lieutenant Colonel Skow also created quin Valley Rail Committee; and California Madam Speaker, Speaker, I rise today to a list of insurgents that were responsible for State Association of Counties. She also commend and congratulate Supervisor Dianne the murder of U.S. and UK tourists in Bwindi served as board liaison member to the Fiscal Fritz upon her retirement from the Mariposa National Forest, Uganda. He then coordinated and Educational Services and Justice System County Board of Supervisors. I invite my col- closely with the FBI to ensure they received all Services area, the Yosemite Gateway leagues to join me in wishing Supervisor Fritz necessary support. Socioeconomics Workshops, and for the Cali- many years of continued success.

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HIGHLIGHTS Senator Joseph R. Biden, Jr., of Delaware, submitted a letter of resigna- tion from the United States Senate. Senate and Senate vote on the motion to invoke cloture on Chamber Action the motion to proceed to consideration of the bill. Routine Proceedings, pages S239–S262 Page S262 Measures Introduced: Eight bills were introduced, Resignation of Senator Joseph R. Biden, Jr.: Sen- as follows: S. 192–199. Page S256 ator Joseph R. Biden, Jr., of Delaware, submitted a Measures Reported: letter of resignation from the United States Senate, Special Report entitled ‘‘2008 Joint Economic Re- effective January 15, 2009, at 5 p.m., in order to port.’’ (S. Rept. No. 111–1) prepare for duties as Vice President of the United Special Report entitled ‘‘Summary of Legislative States. Page S255 and Oversight Activities During the 110th Con- Measures Placed on the Calendar: Pages S239, S256 gress.’’ (S. Rept. No. 111–2) Pages S256 Additional Cosponsors: Page S256 Measures Considered: Statements on Introduced Bills/Resolutions: Lands Bill—Cloture: Senate began consideration of Pages S256–62 the motion to proceed to consideration of S. 22, to designate certain land components of the National Additional Statements: Pages S255–56 Wilderness Preservation System, to authorize certain Recess: Senate convened at 10 a.m. and recessed at programs and activities in the Department of the In- 2:43 p.m., until 1 p.m. on Sunday, January 11, terior and the Department of Agriculture. 2009. (For Senate’s program, see the remarks of the Pages S239–55 Majority Leader in today’s Record on page S262.) A motion was entered to close further debate on the motion to proceed to consideration of the bill, and, in accordance with the provisions of rule XXII Committee Meetings of the Standing Rules of the Senate, and pursuant to the unanimous-consent agreement of Friday, January (Committees not listed did not meet) 9, 2009, a vote on cloture will occur at 2 p.m. on Sunday, January 11, 2009. Page S255 NOMINATION A unanimous-consent agreement was reached pro- Committee on Health, Education, Labor, and Pensions: viding that Senate resume consideration of the mo- Committee concluded a hearing to examine the tion to proceed to consideration of the bill at ap- nomination of Hilda L. Solis, to be Secretary of proximately 1 p.m., on Sunday, January 11, 2009, Labor, after the nominee, who was introduced by the time until 2 p.m. be equally divided and con- Senators Feinstein and Boxer, testified and answered trolled between the two Leaders, or their designees, questions in her own behalf.

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VerDate Nov 24 2008 03:46 Jan 10, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D09JA9.REC D09JAPT1 smartinez on PROD1PC64 with DIGEST January 9, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D19 House of Representatives forthwith with amendments, by a yea-and-nay vote Chamber Action of 178 yeas to 240 nays, Roll No. 7. Pages H135–37 Public Bills and Resolutions Introduced: 97 pub- The bill was considered pursuant to section 5 of lic bills, H.R. 361–457; 2 private bills, H.R. H. Res. 5, which was agreed to on January 6. 458–459; and 18 resolutions, H.J. Res. 17; H. Con. Committee Elections: The House agreed to H. Res. Res. 16–19; and H. Res. 37–49, were introduced. 38, electing certain minority members to the fol- Pages H158–63 lowing committees: Committee on Agriculture: Rep- Additional Cosponsors: Page H163 resentatives Goodlatte, Moran (KS), Johnson (IL), Reports Filed: There were no reports filed today. Graves, Rogers (AL), King (IA), Neugebauer, Foxx, Conaway, Fortenberry, Schmidt, Smith (NE), Latta, Speaker: Read a letter from the Speaker wherein she Roe (TN), Luetkemeyer, and Thompson (PA). Com- appointed Representative Tsongas to act as Speaker mittee on Appropriations: Representatives Young pro tempore for today. Page H93 (FL), Rogers (KY), Wolf, Kingston, Frelinghuysen, Suspensions: The House agreed to suspend the rules Tiahrt, Wamp, Latham, Aderholt, Emerson, Grang- and pass the following measure: er, Simpson, Culberson, Kirk, Crenshaw, Rehberg, Carter, Alexander, Calvert, Bonner, LaTourette, and Recognizing Israel’s right to defend itself Cole. Committee on Armed Services: Representatives against attacks from Gaza, reaffirming the United Bartlett, McKeon, Thornberry, Jones, Akin, Forbes, States’ strong support for Israel, and supporting Miller (FL), Wilson (SC), LoBiondo, Bishop (UT), the Israeli-Palestinian peace process: H. Res. 34, to Turner, Kline (MN), Rogers (AL), Franks (AZ), Shu- recognize Israel’s right to defend itself against at- ster, McMorris Rodgers, Conaway, Lamborn, tacks from Gaza, to reaffirm the United States’ Wittman, Fallin, Hunter, Fleming, Coffman (CO), strong support for Israel, and to support the Israeli- and Rooney. Committee on the Budget: Representa- Palestinian peace process, by a 2⁄3 yea-and-nay vote tives Garrett (NJ), Mario Diaz-Balart (FL), of 390 yeas to 5 nays with 22 voting ‘‘present,’’ Roll Hensarling, Daniel E. Lungren (CA), Simpson, No. 10. Pages H95–113, H138–39 McHenry, Mack, Conaway, Campbell, Alexander, Lilly Ledbetter Fair Pay Act of 2009: The House Jordan (OH), Nunes, Lummis, and Austria. Com- passed H.R. 11, to amend title VII of the Civil mittee on Education and Labor: Representatives Rights Act of 1964 and the Age Discrimination in Petri, Hoekstra, Castle, Souder, Ehlers, Biggert, Employment Act of 1967, and to modify the oper- Platts, Wilson (SC), Kline (MN), McMorris Rodgers, ation of the Americans with Disabilities Act of 1990 Price (GA), Foxx, Bishop (UT), Guthrie, Cassidy, and the Rehabilitation Act of 1973, to clarify that McClintock, Hunter, and Roe (TN). Committee on a discriminatory compensation decision or other Energy and Commerce: Representatives Hall (TX), practice that is unlawful under such Acts occurs each Upton, Stearns, Deal (GA), Whitfield, Shimkus, time compensation is paid pursuant to the discrimi- Shadegg, Blunt, Buyer, Radanovich, Pitts, Bono natory compensation decision or other practice, by a Mack, Walden, Terry, Rogers (MI), Myrick, Sul- yea-and-nay vote of 247 yeas to 171 nays, Roll No. livan, Tim Murphy (PA), Burgess, Blackburn, and 9. Pages H113–24, H138–39 Gingrey (GA). Committee on Financial Services: The bill was considered pursuant to section 5 of Representatives Castle, King (NY), Royce, Lucas, H. Res. 5, which was agreed to on January 6. Paul, Manzullo, Jones, Biggert, Gary G. Miller (CA) (when sworn), Capito, Hensarling, Garrett (NJ), Bar- Paycheck Fairness Act: The House passed H.R. rett (SC), Gerlach, Neugebauer, Price (GA), 12, to amend the Fair Labor Standards Act of 1938 McHenry, Campbell, Putnam, Bachmann, Marchant, to provide more effective remedies to victims of dis- McCotter, McCarthy (CA), Posey, Jenkins, Lee (NY), crimination in the payment of wages on the basis of Paulsen, and Lance. Committee on Foreign Affairs: sex, by a recorded vote of 256 ayes to 163 noes, Roll Representatives Smith (NJ), Burton (IN), Gallegly, No. 8. Subsequently, pursuant to the rule, the text Rohrabacher, Manzullo, Royce, Paul, Flake, Pence, of H.R. 12 was added as new matter at the end of Wilson (SC), Boozman, Barrett (SC), Mack, H.R. 11, Lilly Ledbetter Fair Pay Act of 2009. H.R. Fortenberry, McCaul, Poe (TX), Inglis, and Bilirakis. 12 was then laid on the table. Pages H124–38 Committee on Homeland Security: Representatives Rejected the Price (GA) motion to recommit the Smith (TX), Souder, Daniel E. Lungren (CA), Rogers bill to the Committee on Education and Labor with (AL), McCaul, Dent, Bilirakis, Broun (GA), Miller instructions to report the bill back to the House (MI), Olson, Cao, and Austria. Committee on House

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Heist, Assistant Inspector Smith (NE), Wittman, Broun (GA), Fleming, General, Audit, Office of Inspector General; and Coffman (CO), Chaffetz, Lummis, McClintock, and non-governmental persons. Cassidy. Committee on Oversight and Government Reform: Representatives Burton (IN), McHugh, Mica, Souder, Platts, Duncan, Turner, Westmore- Joint Meetings land, McHenry, Foxx, Bilbray, Jordan (OH), Flake, No joint committee meetings were held. Fortenberry, and Chaffetz. Committee on Rules: f Representatives Lincoln Diaz-Balart (FL) and Ses- CONGRESSIONAL PROGRAM AHEAD sions. Committee on Science and Technology: Rep- resentatives Sensenbrenner, Smith (TX), Rohr- Week of January 11 through January 17, 2009 abacher, Bartlett, Ehlers, Lucas, Biggert, Akin, Neugebauer, Inglis, McCaul, Mario Diaz-Balart (FL), Senate Chamber Bilbray, Broun (GA), and Olson. Committee on On Sunday, at approximately 2 p.m., Senate will Small Business: Representatives Bartlett, Akin, King vote on the motion to invoke cloture on the motion (IA), Westmoreland, Gohmert, Fallin, Buchanan, to proceed to consideration of S. 22, Lands Bill. Luetkemeyer, Schock, and Thompson (PA). Com- During the balance of the week, Senate may con- mittee on Standards of Official Conduct: Representa- sider any cleared legislative and executive business. tives Bonner, Barrett (SC), Kline (MN), Conaway, Senate Committees and Dent. Committee on Transportation and Infra- structure: Representatives Young (AK), Petri, Coble, (Committee meetings are open unless otherwise indicated) Duncan, Ehlers, LoBiondo, Moran (KS), Gary G. Committee on Agriculture, Nutrition, and Forestry: January Miller (CA) (when sworn), Brown (SC), Johnson (IL), 14, to hold hearings to examine the nomination of Thomas J. Vilsack, to be Secretary of Agriculture, 10 Platts, Graves, Shuster, Boozman, Capito, Gerlach, a.m., SD–G50. Mario Diaz-Balart (FL), Dent, Mack, Westmoreland, Committee on Armed Services: January 15, to hold hear- Schmidt, Miller (MI), Fallin, Buchanan, Latta, ings to examine the nominations of William J. Lynn III, Scalise, Cao, Guthrie, and Schock. Committee on to be Deputy Secretary, Robert F. Hale, to be Under Sec- Veterans’ Affairs: Representatives Stearns, Moran retary (Comptroller) and Chief Financial Officer, Michele (KS), Brown (SC), Miller (FL), Boozman, Turner, Flournoy, to be Under Secretary for Policy, and Jeh Bilbray, Bilirakis, Buchanan, and Scalise. Committee Charles Johnson, to be General Counsel, all of the De- on Ways and Means: Representatives Herger, Sam partment of Defense, 9:30 a.m., SD–106. Johnson (TX), Brady (TX), Ryan (WI), Cantor, Lin- Committee on Banking, Housing, and Urban Affairs: Janu- ary 13, to hold hearings to examine the nomination of der, Nunes, Tiberi, Ginny Brown-Waite (FL), Davis Shaun Donovan, of New York, to be Secretary of Housing (KY), Reichert, Boustany, Heller, and Roskam. and Urban Development, 10 a.m., SD–538. Pages H139–40 January 15, Full Committee, to hold hearings to exam- Meeting Hour: Agreed that when the House ad- ine the nominations of Mary Schapiro, of New York, to journs today, it adjourn to meet at 12:30 p.m. on be Chairman of the Securities and Exchange Commission, Tuesday, January 13 for morning hour debate. Christina Romer, of California, to be Chair of the Council of Economic Advisors, Austan Goolsbee, of Illinois, and Page H141 Cecilia Rouse, of New Jersey, each to be a Member of the Quorum Calls—Votes: Three yea-and-nay votes Council of Economic Advisors, and Daniel Tarullo, of and one recorded vote developed during the pro- Maryland, to be a Member of the Board of Governors of ceedings of today and appear on pages H136–37, the Federal Reserve System, 10 a.m., SD–538. H137, H138 and H138–39. There were no quorum Committee on the Budget: January 13, to hold hearings to calls. examine the nominations of Peter R. Orszag, of Massa- chusetts, to be Director, and Robert L. Nabors II, of New Adjournment: The House met at 9 a.m. and ad- Jersey, to be Deputy Director, both of the Office of Man- journed at 4:40 p.m. agement and Budget, 9 a.m., SD–608.

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January 15, Full Committee, to hold hearings to exam- Committee on Homeland Security and Governmental Affairs: ine the debt outlook and its implications for policy, 10 January 14, to hold hearings to examine the nominations a.m., SD–608. of Peter R. Orszag, of Massachusetts, to be Director, and Committee on Energy and Natural Resources: January 13, Robert L. Nabors II, of New Jersey, to be Deputy Direc- to hold hearings to examine the nomination of Steven tor, both of the Office of Management and Budget, 2 Chu, to be Secretary of Energy, 10 a.m., SD–366. p.m., SD–342. January 15, Full Committee, to hold hearings to exam- January 15, Full Committee, to hold hearings to exam- ine the nomination of Ken Salazar to be Secretary of the ine the nomination of Janet A. Napolitano, to be Sec- Interior, 9:30 a.m., SD–366. retary of Homeland Security, 10 a.m., SD–342. Committee on Environment and Public Works: January 14, Committee on Indian Affairs: January 15, to hold hear- to hold hearings to examine the nominations of Lisa P. ings to examine job creation and economic stimulus in Jackson, to be Administrator of the Environmental Pro- Indian country, 2:30 p.m., SD–628. tection Agency, and Nancy Helen Sutley, to be Chairman Committee on the Judiciary: January 15, to hold hearings of the Council on Environmental Quality, 10 a.m., to examine the nomination of Eric H. Holder, to be At- SD–406. torney General of the United States, 9:30 a.m., SR–325. Committee on Foreign Relations: January 13, to hold hear- Committee on Veterans’ Affairs: January 14, to hold hear- ings to examine the nomination of Hillary R. Clinton, to ings to examine the nomination of Eric Shinseki, to be be Secretary of State, 9:30 a.m., SH–216. Secretary of Veterans Affairs, 10 a.m., SD–106. January 15, Full Committee, business meeting to con- sider the nomination of Hillary R. Clinton, to be Sec- House Committees retary of State; to be followed by a hearing to examine the nomination of Susan E. Rice, to be Representative to Committee on Armed Services, January 14, to meet for or- the United Nations, with the rank and status of Ambas- ganizational purposes, 10 a.m., 2118 Rayburn. sador, and the Representative in the Security Council of Committee on Energy and Commerce, January 15, hearing the United Nations, and to be Representative to the Ses- entitled ‘‘The U.S. Climate Action Partnership,’’ 10:30 sions of the General Assembly of the United Nations dur- a.m., 2123 Rayburn. ing her tenure of service as Representative to the United Committee on Financial Services, January 13, to meet to Nations, 9:30 a.m., SH–216. discuss ‘‘Priorities for the Next Administration: Use of Committee on Health, Education, Labor, and Pensions: Jan- TARP Funds under EESA,’’ 2 p.m., 2128 Rayburn. uary 13, to hold hearings to examine the nomination of Committee on Rules, January 13, to consider the fol- Arne Duncan to be Secretary of Education, 10 a.m., lowing: H.R. 384, TARP Reform and Accountability Act SD–430. of 2009; and the Children’s Health Insurance Program January 14, Full Committee, business meeting to con- Reauthorization Act of 2009, 5 p.m., H–313 Capitol. sider pending calendar business, 10 a.m., SD–430. Select Committee on Energy Independence and Global Warm- January 15, Full Committee, to hold hearings to exam- ing, January 15, to meet for organizational purposes; fol- ine investing in health information technology (IT), fo- lowed by a hearing on ‘‘Reinvigorating the Economy cusing on stimulus for a healthier America, 10 a.m., through Stimulus Legislation: Opportunities for All,’’ SD–430. 1:45 p.m., room to be announced.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 1 p.m., Sunday, January 11 12:30 p.m., Tuesday, January 13

Senate Chamber House Chamber Program for Sunday: Senate will vote on the motion to Program for Tuesday: To be announced. invoke cloture on the motion to proceed to consideration of S. 22, Lands bill.

Extensions of Remarks, as inserted in this issue

HOUSE Dingell, John D., Mich., E62 Radanovich, George, Calif., E59, E61, E63 Farr, Sam, Calif., E61, E62 Rahall, Nick J., II, W.Va., E54 Bishop, Sanford D., Jr., Ga., E55 Filner, Bob, Calif., E53 Rangel, Charles B., N.Y., E55 Boozman, John, Ark., E55 Frelinghuysen, Rodney P., N.J., E55, E60 Roskam, Peter J., Ill., E53, E56 Bordallo, Madeleine Z., Guam, E62 Harman, Jane, Calif., E59 Sanchez, Loretta, Calif., E56 Brady, Kevin, Tex., E57 Hastings, Alcee L., Fla., E53, E56 Chaffetz, Jason, Utah, E54 Hirono, Mazie K., Hawaii, E58 Shuler, Heath, N.C., E54 Chandler, Ben, Ky., E62 Langevin, James R., R.I., E62 Skelton, Ike, Mo., E58 Courtney, Joe, Conn., E56 McCollum, Betty, Minn., E60 Upton, Fred, Mich., E60 Cuellar, Henry, Tex., E60 Miller, Jeff, Fla., E57 Wolf, Frank R., Va., E55, E58 Culberson, John Abney, Tex., E57 Pascrell, Bill, Jr., N.J., E56 Young, C.W. Bill, Fla., E54 Davis, Susan A., Calif., E61 Poe, Ted, Tex., E53

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