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, THURSDAY, JANUARY 8, 2009 No. 3 House of Representatives The House met at 10 a.m. The gentleman from Pennsylvania Wake up, America. The Chaplain, the Reverend Daniel P. (Mr. BRADY) and f Coughlin, offered the following prayer: The gentleman from California (Mr. THE FACTS ABOUT OUR ECONOMIC O God, Who has had compassion on DANIEL E. LUNGREN). CHALLENGES our darkness and sent forth Your own f (Ms. FOXX asked and was given per- light upon our conscience to make ANNOUNCEMENT BY THE SPEAKER right judgments, grant us the joy of mission to address the House for 1 knowing the closeness of Your love. The SPEAKER. The Chair will enter- minute and to revise and extend her re- May all our words and actions this tain up to 10 requests for 1-minutes on marks.) day be infused with the creative spirit each side of the aisle. Ms. FOXX. Mr. Speaker, we have of freedom and bring forth personal in- f been dealing with economic challenges tegrity, as well as justice, and that we WAKE UP, AMERICA for several months. Last fall it was called a bailout. Now it’s being called a all will join together in serving Your (Mr. KUCINICH asked and was given stimulus or sometimes an economic re- people of this Nation with true good- permission to address the House for 1 covery plan. But I think it’s important ness. minute and to revise and extend his re- that we talk about the facts of what May true freedom and justice reign marks.) in our hearts and become contagious in Mr. KUCINICH. Wake up, America. we’re discussing. our world, now and forever. We have trillions for a war machine The stimulus being discussed now Amen. and the banks, while our government could range from $800 billion to more f stands by and sniffs at the slaughter of than $1.3 trillion. This will likely be the largest single spending bill in his- THE JOURNAL innocents in Gaza, where Israel is blocking aid for wounded Palestinians. tory. Now, what will this do to our def- The SPEAKER. The Chair has exam- Here’s today’s Washington Post. It icit which we heard so much about for ined the Journal of the last day’s pro- says, The International Committee of the 2 years before the Democrats took ceedings and announces to the House the Red Cross said Thursday that it power? her approval thereof. found at least 15 bodies and several Nonpartisan budget experts are now Pursuant to clause 1, rule I, the Jour- children, emaciated but alive, in a row predicting a deficit for 2009 of almost nal stands approved. of shattered houses in the Gaza Strip $1.3 trillion, triple the current year’s f and accused the Israeli military of pre- deficit. That would equal 9 percent of venting ambulances from reaching the GDP, which is a 50 percent increase PLEDGE OF ALLEGIANCE site for 4 days. over the World War II record of 6 per- The SPEAKER. Will the gentleman Twelve corpses lying on mattresses cent. We may be paying a premium from Pennsylvania (Mr. HOLDEN) come in one home, along with four young rate to foreign investors like China to forward and lead the House in the children lying next to their dead moth- borrow this kind of money. And what’s Pledge of Allegiance. ers. That’s a quote. going to be included in that package? Mr. HOLDEN led the Pledge of Alle- Today, U.S. tax dollars, U.S. jets and $350,000 for a fitness center, $4.5 million giance as follows: U.S. helicopters provided to Israel are to bottle water with recyclable bottles. I pledge allegiance to the Flag of the enabling the slaughter in Gaza. The ad- Mr. Speaker, we need more of the United States of America, and to the Repub- ministration enables Israel to press facts, not just words. lic for which it stands, one nation under God, forward with the attack against de- f indivisible, with liberty and justice for all. fenseless civilians, blocks efforts at MONUMENT TO PRESIDENT BUSH f promoting a cease-fire at the U.N., and refuses to make Israel comply with (Mr. DEFAZIO asked and was given APPOINTMENT OF TELLERS ON conditions that armed shipments not permission to address the House for 1 THE PART OF THE HOUSE TO be used for aggression. minute.) COUNT ELECTORAL VOTES Israel is going to receive $30 billion Mr. DEFAZIO. In his last year, The SPEAKER. Pursuant to Senate in a 10-year period for military assist- George Bush has constructed a monu- Concurrent Resolution 1, 111th Con- ance, without having to abide by any ment to his Presidency that will last gress, the Chair appoints as tellers on humanitarian principles, international for generations to come. He not only the part of the House to count the elec- laws or standards of basic human de- doubled our national debt in 8 short toral votes: cency. years; as he goes out the door, he’s

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 02:29 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JA7.000 H08JAPT1 smartinez on PROD1PC64 with HOUSE H74 CONGRESSIONAL RECORD — HOUSE January 8, 2009 leaving America with a $1.2 trillion def- It is obvious that the Federal Gov- CONGRATULATING THE CITY OF icit. That means we will borrow $3.2 ernment has to be the spender of last IOWA CITY, IOWA, FOR BEING billion a day, $2.2 million a minute. It’s resort. No frivolous, foolish spending, DESIGNATED A UNITED NATIONS unfathomable. That legacy of prof- but spending that creates jobs, jobs, EDUCATIONAL, SCIENTIFIC AND ligacy based on trickle down and bail- jobs, puts Americans back to work, CULTURAL ORGANIZATION outs has brought our economy to its bring home our troops from Iraq, be (UNESCO) CITY OF LITERATURE knees. It would have been one thing if he able to downsize the investment in a (Mr. LOEBSACK asked and was given borrowed the money to rebuild our war that many of us disagreed with, permission to address the House for 1 crumbling infrastructure, to build new ensure that the war in Afghanistan minute.) schools to educate our kids, to give us succeeds, and make sure that those in Mr. LOEBSACK. Mr. Speaker, I want a sustainable energy future. But, no, America’s Appalachia and Mississippi to express my sincere congratulations the money has been squandered in bail- Delta and the inner cities of Houston, to the City of Iowa City for its designa- outs for Wall Street and an unneces- Texas, have the amount of money to tion as a City of Literature by the sary war in the Middle East. begin to work, summer youth jobs. United Nations Educational, Scientific And now it’s up to us, this Congress, That’s what this stimulus package is and Cultural Organization. Iowa City is the Democrats, to give us a recovery only the third city in the world to re- about. package that will put Americans back ceive such designation, and the first in to work and rebuild our country. We President-elect Obama has it right. the United States. have to reject the policies of the Bush We in the Federal Government have to This recognition is well-deserved and years. No more tax giveaways. Let’s re- rescue those who provided the tax dol- rightly honors a city which has long build the infrastructure of this coun- lars for America to work. Put them been dedicated to literature and the try, put people back to work, borrow back to work. You’ll see our economy arts. The City of Iowa City alone has the money for a purpose, not more spiraling. produced more than 25 Pulitzer Prize waste. Frivolous comments about bailouts winners in literature since 1955, as well f as four recent U.S. Poet Laureates. will not work. The American people GOVERNMENT GONE WILD know a stimulus package is for them. I am proud of all who contributed to Iowa City receiving this designation, (Mr. POE of Texas asked and was Let’s do it quickly. Let’s get the including Christopher Merrill, the cur- given permission to address the House money to our local governments. I be- for 1 minute.) rent director of the University of Iowa lieve we should bypass some of our International Writing Program. I trust Mr. POE of Texas. Mr. Speaker, the State governments; make sure those Federal Government continues to future residents and generations to dollars are in our cities, our counties, bankrupt Uncle Sam with bailouts to come will not only recognize the im- special interest groups using taxpayer our municipalities, put America back portance of this designation, but also money. One more group has appeared to work. That’s what President-elect continue to carry on the city’s tradi- on the steps of the Capitol dragging the Obama wants us to do. tion of literary excellence. sack for more ‘‘Free Money.’’ None other than the adult entertainment f f business, specifically, the CEO of ‘‘Girls Gone Wild,’’ has asked for $5 bil- ISRAEL HAS THE RIGHT TO SELF- ARRIVAL OF THE 21ST CENTURY lion to save them from calamity. DEFENSE ON JANUARY 20, 2009 When is this mentality going to stop that citizens should subsidize indus- (Mr. WILSON of South Carolina (Mr. COHEN asked and was given per- tries that have fallen on hard times? asked and was given permission to ad- mission to address the House for 1 According to the Congressional Re- dress the House for 1 minute and to re- minute.) search Service, the total amount of vise and extend his remarks.) Mr. COHEN. Mr. Speaker, the 21st bailouts in 2008 now exceeds ‘‘all the century, in reality, will be arriving in Mr. WILSON of South Carolina. Mr. costs for major wars the United States America on the 20th of January 2009. Speaker, America’s ally Israel remains has ever engaged in, including the It’s been put off far enough by my col- American Revolution, the War between under constant and frequent attack by leagues on the other side of the aisle, the States, World War I, World War II, Hamas. Noted columnist Charles and we’ve heard more of their rhetoric Korea, Vietnam, Iraq and Afghani- Krauthammer recently revealed in a today, acting like, as DICK CHENEY stan,’’—about $8.5 trillion. column in The Greenville News that said, ‘‘Herbert Hooverians.’’ If the Re- Mr. Speaker, the Federal Govern- Hamas has cruelly launched 6,464 rock- publican Party didn’t wake up, they’d ment has gone wild with all these give- ets into Israel in the last 3 years. No be known as the Party of Herbert Hoo- away programs. And so far the bailouts other country has endured such at- ver forever. have had little or no positive impact on tacks. When the Great Depression came, the markets or the economy. Herbert Hoover and his Treasury Sec- No more bailouts. We cannot tax, Now Israel has chosen to defend itself by going after the Hamas terrorists. retary Morgenthal and his colleagues borrow and spend our way into pros- in the Congress did not act. It caused The loss of life is terrible, but it is perity during these tough economic the Great Depression to be worse. Hamas that bears the responsibility. I times. We must act. We need a major eco- And that’s just the way it is. saw firsthand, while visiting Israel this nomic stimulus package which will be summer, that Hamas has fired rockets f presented by President-elect Obama, against civilians in Israel. PRESIDENT-ELECT OBAMA’S and this Democratic Congress and this STIMULUS PACKAGE A peaceful relationship between Democratic Congressman will support (Ms. JACKSON-LEE of Texas asked Israel and Palestine is in the best in- it because we need jobs creation. We and was given permission to address terest of both nations. It will only be need to give people hope and the re- the House for 1 minute and to revise accomplished if Hamas agrees to stop ality that we can come out of this. and extend her remarks.) firing rockets targeting civilians. We’re going to have problems in 2009 with the economy regardless, but Ms. JACKSON-LEE of Texas. Mr. In conclusion, God bless our troops, they’ll be less. Speaker, 87 percent of the American and we will never forget September the people support President-elect Obama’s The 21st century couldn’t come soon 11th. stimulus package, a package that ad- enough. I look forward to January 20, dresses the concerns and needs of low- God bless Torry Lyons and Eric Dell 2009, to working with President-elect income Americans, working Ameri- upon their marriage tomorrow at St. Obama and this Democratic Congress cans, middle-class Americans. Peter’s Catholic Church. to make America great again.

VerDate Nov 24 2008 02:29 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JA7.002 H08JAPT1 smartinez on PROD1PC64 with HOUSE January 8, 2009 CONGRESSIONAL RECORD — HOUSE H75 b 1015 inherent power of the American econ- Congress through the reauthorization LILLY LEDBETTER FAIR PAY ACT omy, a stimulus plan that will be ac- of the Higher Education Act to raise AND PAYCHECK FAIRNESS ACT countable, transparent and will achieve the Pell Grant maximum to $6,000 per the intended result. year, many families are still burdened (Mr. BACA asked and was given per- f by the rising costs of higher education. mission to address the House for 1 In the 111th Congress, I hope we con- AMERICA’S ECONOMIC RECOVERY minute.) tinue Senator Pell’s goal of educating PLAN Mr. BACA. Mr. Speaker, I rise today our youth by working to ensure ade- in support of two critical bills: the (Ms. EDWARDS of Maryland asked quate funding for all forms of student Lilly Ledbetter Fair Pay Act and the and was given permission to address financial aid such as the Perkins loan Paycheck Fairness Act. the House for 1 minute.) program and SEOG. Funding for these More than 40 years have passed since Ms. EDWARDS of Maryland. Mr. programs will help to ensure that high- the passage of the Equal Pay Act. Un- Speaker, as we begin the 111th Con- er education is affordable and acces- fortunately, women still earn less than gress this week, we are plagued by an sible to all students regardless of one’s men for the same work, and that is un- economic crisis that continues to af- income or background. fair. Women earn 78 cents for every dol- fect every family in America. We must f lar earned by men. The pay gap is even act now to address these serious chal- more severe amongst minority women. lenges or we could experience an even RECESS African American women earn 69 cents. deeper economic downturn and contin- The SPEAKER pro tempore (Mr. Hispanic women earn just 56 cents on ued job losses this year. HOLDEN). Pursuant to clause 12(a) of the dollar. Passing an economic recovery pack- rule I, the Chair declares the House in The story of Lilly Ledbetter is a case age that provides a short-term eco- recess until approximately 12:55 p.m. in point of the barriers faced by women nomic boost and that invests in Amer- today. today. It’s time for a change. Simply ica’s future is a priority for this new Accordingly (at 10 o’clock and 20 because of her gender, Ms. Ledbetter Congress. minutes a.m.), the House stood in re- was paid 20 percent less for performing Rebuilding our crumbling roads, cess until approximately 12:55 p.m. the same job that her male colleagues bridges and schools will create jobs f performed. It’s unfair. today and will transform our economy The gap doesn’t just affect women. It tomorrow. Making public buildings b 1301 affects the Nation’s economy. Women more energy efficient will reduce our AFTER RECESS represent 41 percent of the total heads dependence on fossil fuels and will cre- of households and sole income earners ate high-wage jobs in all communities. The recess having expired, the House in this country. We cannot afford to We must invest in our aging water was called to order at 1 o’clock and 1 weaken the ability of our breadwinners and sewer systems. Fifty- and 100-year- minute p.m. to pay for the basics, like groceries, old pipes lack the capacity to support f child care and health care, especially our growing population and to preserve COUNTING ELECTORAL VOTES— as we face a growing economic reces- and protect our Nation’s drinking JOINT SESSION OF THE HOUSE sion. water. AND SENATE HELD PURSUANT I urge us to support this legislation. Mr. Speaker, these problems are not TO THE PROVISIONS OF SENATE partisan, and our solution should not f CONCURRENT RESOLUTION 1 be either. Democrats and Republicans HOUSE GOP TALKERS ON must come together now to get our At 1:01 p.m., the Majority Floor Serv- STIMULUS economy back on track and to reinvest ices Chief, Barry Sullivan, announced (Mr. PENCE asked and was given per- in America’s financial future. the Vice President and the Senate of mission to address the House for 1 f the United States. minute and to revise and extend his re- The Senate entered the Hall of the marks.) REMEMBERING THE LIFE OF THE House of Representatives, headed by Mr. PENCE. As every American LATE SENATOR CLAIBORNE PELL the Vice President and the Secretary of knows, this economy is hurting, and (Mr. BISHOP of New York asked and the Senate, the Members and officers millions of Americans are anxious. was given permission to address the of the House rising to receive them. House Republicans applaud our Presi- House for 1 minute.) The Vice President took his seat as dent-elect for focusing on legislation. Mr. BISHOP of New York. Mr. Speak- the Presiding Officer of the joint con- Today, President-elect Obama will say er, I rise today to remember the life of vention of the two Houses, the Speaker that this Congress must act boldly and the late Senator Claiborne Pell, who of the House occupying the chair on his act now, and we agree. He has invited passed away last week after an inspir- left. Senators took seats to the right of House Republicans to bring forward ing career as a Senator from Rhode Is- the rostrum as prescribed by law. ideas to stimulate this economy, and land and as a strong advocate for high- The joint session was called to order we will gladly do so, but the American er education. Most famously, Senator by the Vice President. people know we cannot borrow and Pell authored legislation in 1972 that The VICE PRESIDENT. Madam spend and bail our way back to a grow- created the higher education grant pro- Speaker and Members of Congress, pur- ing economy. gram that bears his name and that has suant to the Constitution and laws of In that vein, House Republicans will allowed millions of low- and middle-in- the United States, the Senate and insist that tax relief go to taxpayers, come students to attend college. House of Representatives are meeting that it be permanent and that it create Senator Pell was known as a modest in joint session to verify the certifi- jobs. We’ll demand a stimulus plan to man, and he often shied away from the cates and count the votes of the elec- be transparent and accountable and attention he received for creating the tors of the several States for President achieve its intended results. As this Pell Grant program, originally entitled and Vice President of the United legislation is developed, there will be the Basic Educational Opportunity States. the need for competing interests and Grant, and that was modeled after the After ascertainment has been had for compromise, but let this point be GI bill. Senator Pell believed that the that the certificates are authentic and clear: fastest way for Americans to prosper correct in form, the tellers will count In this cause, in the cause of stim- was through education and that mak- and make a list of the votes cast by the ulus legislation, House Republicans ing education accessible was essential. electors of the several States. will be on the side of the people who While grant awards under Senator The tellers on the part of the two will pay for the stimulus bill. House Pell’s program have risen since it was Houses will take their places at the Republicans will be on the side of the first enacted, they have not kept pace clerk’s desk. American taxpayer and will demand a with the rising cost of attending col- The tellers, Mr. SCHUMER and Mr. stimulus plan that will turn loose the lege. Despite the efforts of the 110th BENNETT on the part of the Senate, and

VerDate Nov 24 2008 23:47 Jan 08, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JA7.006 H08JAPT1 smartinez on PROD1PC64 with HOUSE H76 CONGRESSIONAL RECORD — HOUSE January 8, 2009 Mr. BRADY of Pennsylvania and Mr. States, as delivered to the President of (Ms. WOOLSEY addressed the House. DANIEL E. LUNGREN of California on the the Senate, is as follows: Her remarks will appear hereafter in part of the House, took their places at The whole number of the electors ap- the Extensions of Remarks.) the desk. pointed to vote for President of the f The VICE PRESIDENT. Without ob- United States is 538, of which a major- The SPEAKER pro tempore. Under a jection, the tellers will dispense with ity is 270. previous order of the House, the gen- reading formal portions of the certifi- Barack Obama of the State of Illinois tleman from Texas (Mr. POE) is recog- cates. After ascertaining that certifi- has received for President of the nized for 5 minutes. cates are regular in form and authen- United States 365 votes. (Mr. POE of Texas addressed the tic, the tellers will announce the votes JOHN MCCAIN of the State of Arizona House. His remarks will appear here- cast by the electors for each State, be- has received 173 votes. after in the Extensions of Remarks.) ginning with Alabama. The state of the vote for Vice Presi- The tellers then proceeded to read, dent of the United States, as delivered f count, and announce the electoral to the President of the Senate, is as The SPEAKER pro tempore. Under a votes of the several States in alphabet- follows: previous order of the House, the gen- ical order. The whole number of the electors ap- tleman from Oregon (Mr. DEFAZIO) is The VICE PRESIDENT. Members of pointed to vote for Vice President of recognized for 5 minutes. Congress, the certificates having been the United States is 538, of which a ma- (Mr. DeFAZIO addressed the House. read, the tellers will ascertain and de- jority is 270. His remarks will appear hereafter in liver the result to the President of the JOE BIDEN of the State of Delaware the Extensions of Remarks.) Senate. has received for Vice President of the f The tellers delivered to the President of the Senate the following statement United States 365 votes. The SPEAKER pro tempore. Under a of results: Sarah Palin of the State of Alaska previous order of the House, the gen- has received 173 votes. tleman from North Carolina (Mr. JOINT SESSION TO COUNT ELECTORAL VOTES, THURSDAY, JANUARY 8, 2009 This announcement of the state of JONES) is recognized for 5 minutes. the vote by the President of the Senate (Mr. JONES addressed the House. His For President For Vice President shall be deemed a sufficient declara- remarks will appear hereafter in the Electoral votes of each State Barack John Joseph Sarah tion of the persons elected President Extensions of Remarks.) Obama McCain Biden Palin and Vice President of the United f States each for the term beginning on Alabama—9 ...... 9 ...... 9 The SPEAKER pro tempore. Under a Alaska—3 ...... 3 ...... 3 the 20th day of January, 2009, and shall previous order of the House, the gen- Arizona—10 ...... 10 ...... 10 be entered, together with the list of the Arkansas—6 ...... 6 ...... 6 tleman from Indiana (Mr. BURTON) is California—55 ...... 55 ...... 55 ...... votes, on the Journals of the Senate recognized for 5 minutes. Colorado—9 ...... 9 ...... 9 ...... and House of Representatives. Connecticut—7 ...... 7 ...... 7 ...... (Mr. BURTON of Indiana addressed Delaware—3 ...... 3 ...... 3 ...... The purpose of the joint session hav- the House. His remarks will appear District of Columbia—3 3 ...... 3 ...... ing been concluded, pursuant to Senate Florida—27 ...... 27 ...... 27 ...... hereafter in the Extensions of Re- Georgia—15 ...... 15 ...... 15 Concurrent Resolution 1, 111th Con- Hawaii—4 ...... 4 ...... 4 ...... marks.) Idaho—4 ...... 4 ...... 4 gress, the Chair declares the joint ses- Illinois—21 ...... 21 ...... 21 ...... sion dissolved. f Indiana—11 ...... 11 ...... 11 ...... The SPEAKER pro tempore. Under a Iowa—7 ...... 7 ...... 7 ...... (Thereupon, at 1 o’clock and 36 min- Kansas—6 ...... 6 ...... 6 utes p.m., the joint session of the two previous order of the House, the gen- Kentucky—8 ...... 8 ...... 8 tleman from California (Mr. SHERMAN) Louisiana—9 ...... 9 ...... 9 Houses of Congress dissolved.) Maine—4 ...... 4 ...... 4 ...... The SPEAKER. Pursuant to Senate is recognized for 5 minutes. Maryland—10 ...... 10 ...... 10 ...... (Mr. SHERMAN addressed the House. Massachusetts—12 ...... 12 ...... 12 ...... Concurrent Resolution 1, 111th Con- Michigan—17 ...... 17 ...... 17 ...... gress, the electoral vote will be spread His remarks will appear hereafter in Minnesota—10 ...... 10 ...... 10 ...... the Extensions of Remarks.) Mississippi—6 ...... 6 ...... 6 at large upon the Journal. Missouri—11 ...... 11 ...... 11 f f Montana—3 ...... 3 ...... 3 The SPEAKER pro tempore. Under a Nebraska—5 ...... 1 4 1 4 RECESS Nevada—5 ...... 5 ...... 5 ...... previous order of the House, the gen- New Hampshire—4...... 4 ...... 4 ...... The SPEAKER. Pursuant to clause New Jersey—15 ...... 15 ...... 15 ...... tleman from Arizona (Mr. FRANKS) is New Mexico—5...... 5 ...... 5 ...... 12(a) of rule I, the Chair declares the recognized for 5 minutes. New York—31 ...... 31 ...... 31 ...... House in recess subject to the call of North Carolina—15 ...... 15 ...... 15 ...... (Mr. FRANKS of Arizona addressed North Dakota—3 ...... 3 ...... 3 the Chair. the House. His remarks will appear Ohio—20 ...... 20 ...... 20 ...... Accordingly (at 1 o’clock and 39 min- Oklahoma—7 ...... 7 ...... 7 hereafter in the Extensions of Re- Oregon—7 ...... 7 ...... 7 ...... utes p.m.), the House stood in recess marks.) Pennsylvania—21 ...... 21 ...... 21 ...... subject to the call of the Chair. Rhode Island—4...... 4 ...... 4 ...... f South Carolina—8 ...... 8 ...... 8 f South Dakota—3 ...... 3 ...... 3 The SPEAKER pro tempore. Under a Tennessee—11 ...... 11 ...... 11 b 1406 previous order of the House, the gen- Texas—34 ...... 34 ...... 34 tleman from Texas (Mr. GOHMERT) is Utah—5 ...... 5 ...... 5 AFTER RECESS Vermont—3 ...... 3 ...... 3 ...... recognized for 5 minutes. Virginia—13 ...... 13 ...... 13 ...... Washington—11 ...... 11 ...... 11 ...... The recess having expired, the House (Mr. GOHMERT addressed the House. West Virginia—5 ...... 5 ...... 5 was called to order by the Speaker pro His remarks will appear hereafter in Wisconsin—10 ...... 10 ...... 10 ...... ALAZAR Wyoming—3 ...... 3 ...... 3 tempore (Mr. S ) at 2 o’clock and the Extensions of Remarks.) 6 minutes p.m. Total—538 ...... f f STIMULUS PACKAGE CHARLES E. SCHUMER, SPECIAL ORDERS ROBERT F. BENNETT, The SPEAKER pro tempore. Under Tellers on the part of The SPEAKER pro tempore. Under the Speaker’s announced policy of Jan- the Senate. the Speaker’s announced policy of Jan- uary 6, 2009, the gentleman from Geor- ROBERT A. BRADY of uary 6, 2009, and under a previous order Pennsylvania, gia (Mr. WESTMORELAND) is recognized of the House, the following Members for 60 minutes as the designee of the DANIEL E. LUNGREN of will be recognized for 5 minutes each. California, minority leader. Tellers on the part of f Mr. WESTMORELAND. Thank you, the House of Rep- The SPEAKER pro tempore. Under a Mr. Speaker. resentatives. previous order of the House, the gentle- What I would like to do today is to The VICE PRESIDENT. The state of woman from California (Ms. WOOLSEY) talk a little bit about the new stimulus the vote for President of the United is recognized for 5 minutes. package that President-elect Obama

VerDate Nov 24 2008 02:29 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JA7.007 H08JAPT1 smartinez on PROD1PC64 with HOUSE January 8, 2009 CONGRESSIONAL RECORD — HOUSE H77 and some of the leadership has been with all of these derivatives that no- they know what kind of reputation talking about, the last stimulus pack- body really understood, and the only they’ve got, they know their ability to age that we did, the rescue plan, and thing a lot of the guys coming up with pay back this money, these are the talk a little bit about the timetable. these derivatives understood is that people that are being squeezed out. And And exactly, Mr. Speaker, where the they were making a ton of money. So the American people are depending on people of this country may get an idea they were selling these things. And not us to do something about it. of exactly where we’re going because only did it affect our economy and our I was happy to talk to Chairman sometimes things happen so fast in banks and our financial institutions, FRANK, and he said within the next 2 Washington that they don’t really have but it did worldwide. weeks he’s going to have legislation an opportunity to grasp exactly what come out of Financial Services that’s b 1415 has happened to them not only now, going to do that. We need to make but in the future. And not only in their These four million bad loans that these people accountable because the future, but in their children’s future could have been solved with $175,000 very taxpayers that are paying the $700 and in their grandchildren’s future. each, if you took from the $700 billion— billion that we’ve given to the fat cats So what I would like to do today is probably much, much, much less than to balance their books and to hold the talk a little bit about how we got into that—and all of a sudden we had this money to buy out the small and the the situation that we’re in now and great financial crisis. community bank, we’ve given them the what direction the new administration And so the one thing that I heard, money and we still can’t get credit. and the new majority or the larger ma- Mr. Speaker, over and over again, not Mr. Speaker, I had a Chrysler dealer jority is going to take us. only in this body, but in the Senate that came into my office and he sat And what I would like to do, Mr. and all the pundits on some of these down and told me over a period of time, Speaker, is start in October of 2007 talk shows, was, well, this is kind of a small period of time, he had sent 155 when the Dow Jones was 14,078, October like a traffic accident on the express- contracts or sales to Chrysler; they had 10. The Bush administration responded way and it’s got all of the lanes approved seven of them. If we were sup- to the unfolding subprime mortgage blocked. Credit is frozen. This is the posed to have cleared the wreck and we crisis with the HOPE program, which highway of credit; it’s frozen. And be- were have supposed to freed up this was a program designed to help people hind it sitting in line in traffic is the credit market, it has not worked, and in foreclosure to go back and to re- student loans, the car loans, the mort- the American people and myself and negotiate their mortgages. gage loans, the small business loans, many others in this body want to know At the time, if you will remember, we the payroll loans, all the credit is sit- why it has not worked. were told that there were about 80 mil- ting in line. We’ve got to free up this Now, let’s look at the deficit for a lion mortgages in this country, about 5 accident. And so we did. Congress voted minute because we’re borrowing this percent of them were bad or subprime to free up this accident. All lanes are money that we’re using to stimulate or or delinquent, which is about 4 million clear—well, at least the majority of the to buy out—or whatever you want to loans. January of 2008, the Dow closed lanes are clear; we’ve only done $350 call—remember that we passed a $150 at 11,971, and it has gone down contin- billion of the $700 billion, but they’re billion stimulus package, Mr. Speaker, ually since then. going to be back wanting the other $350 where we actually sent checks to peo- In September of 2008, we were in- billion. ple to stir up the economy, to give the formed—the White House, the Congress But the credit market is not economy credibility. I don’t think it was informed by Secretary Paulson unfrozen. We still have people today worked. Evidently it didn’t work. So that we were in a financial crisis; that that are getting foreclosed on every what’s been the result of that? We bor- something had to be done to unfreeze day. I don’t care if you’ve got credit rowed that $150 billion from China. the credit market; that the credit mar- that’s 850 on your credit score, you The stimulus that’s being discussed ket was frozen; that banks couldn’t probably couldn’t go borrow a dime today—now, we’re beyond the $700 bil- borrow from each other or wouldn’t today. These banks and these financial lion stimulus—well, let’s start out with lend to each other; that large corpora- institutions, AIG is one—you know, the $150 billion stimulus, then the $700 tions were not able to do overnight AIG used to write bonds for construc- billion stimulus, and then the loan to borrowing; that student loans were not tion and development. They wrote the automakers. And now we’re talking there; that automobile loans were not bonds. They won’t even write you a about another $700, $800 billion up to 1.3 there; that loans for new homes were bond now, and the government has trillion. Now, keep in mind if you look not there, and that we need to unfreeze given them about $125 billion. What are at the bailout that had already been this. And to unfreeze this, it was going we doing? done after the first stimulus where we to take $700 billion. So if you look at all of these things gave checks back to people, we had Now, $700 billion is a lot of money, that were intended in this one bailout AIG, we had IndyMac, we had Fannie and it’s going to affect people for a that was intended to unfreeze the cred- Mae and Freddie Mac, we had the hous- long time. It’s going to create more of it market, we can see that it hasn’t ing bill, we had already spent about a deficit for our country, which a lot of worked. And not only has it not $700 billion. You’re starting to talk people in this body, especially on the worked, we have not even tried to about some real money now, Mr. majority side of the aisle, has said was make any of these lending institutions, Speaker. not good policy, not good finances to these banks, holding companies, insur- You now, this range of $800 billion to spend deficits. So we had $700 billion. ance companies accountable for the $1.3 trillion, what does that mean? Now, if you take the 4 million delin- money that we’ve given them. Well, I’ll tell you what it means; it quent or toxic assets or mortgages, Mr. Speaker, I’m sure that you’ve got means that the deficit for 2009 is going that’s about $175,000 per mortgage And, the same thing I’ve got, community to be $1.3 trillion, triple the current Mr. Speaker, I don’t know of a lot of banks, small banks calling me every year’s deficit. In fact, it’s going to be 9 mortgages that were in trouble that day saying we’ve applied for the TARP, percent of our gross domestic product, $175,000 would not have cured. we’ve applied for the Capital program, 9 percent of our gross domestic product But what we did is we didn’t do any- we can’t get any money. We can’t get in this one—not counting all the other thing with those mortgages. We de- any money. And so what’s happening? things—this one deficit in this 1 year, 9 cided that we would bail out those guys If you think that the big nine banks percent, which is a 50 percent increase that had taken these mortgages and are going to come into these commu- over World War II’s record deficit of 6 had leveraged them 45, sometimes 50 nities and loan somebody money to percent of the gross domestic product. percent. And while they were doing start a beauty salon or a car wash or So what that means is that some gov- this, they were making money hand- an automotive repair, or whatever, ernments, some countries are thinking over-fist. While the poor guy in the you’re badly mistaken. The community about charging us a prime or a pre- house was losing his home, he was los- bankers, those small banks in our com- mium interest rate from foreign inves- ing his job, this guy that had come up munities that know Fred and they tors, such as China is now thinking with all of this creative financial stuff know Jane, they know their families, about charging us a premium for this

VerDate Nov 24 2008 23:47 Jan 08, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JA7.020 H08JAPT1 smartinez on PROD1PC64 with HOUSE H78 CONGRESSIONAL RECORD — HOUSE January 8, 2009 money that we’re borrowing from starting to do something rather than uary 26, 2005 floor speech, ‘‘If you’re them. just talking. looking for a crisis to solve, look no We’ve been talking long enough. It’s Now, what I’ve heard is that this ma- further than the President’s budget time to take some action and to have jority plan, the Democratic plan, Mr. deficit. The President’s reckless poli- some real cure for the taxpayers of this Speaker, that’s coming from the Presi- cies are damaging our Nation’s fu- country; and not just the taxpayers dent-elect and the Senate and the ture.’’ This is the same Chief of Staff of today, but the taxpayers of the future, House leaders is that this infrastruc- the President-elect that the President- my children and my grandchildren, and ture, part of this will be infrastructure elect said we shouldn’t worry about the maybe even my great grandchildren at projects that’s ready to go, shovel deficit next year or even the year after. the rate that we’re going. 1430 ready so to speak, they’re ready to get I’ll turn now, after we’ve talked b out there and they’re ready to get it about that for a little bit, Mr. Speaker, BART GORDON, in a press release of on. The Conference of Mayors pub- and I want to quote President-elect January 5, 2007, said, ‘‘American fami- lished a list of these projects that were Obama, January 8, 2009, ‘‘Only govern- lies must live within their budgets, and ready to go, they put it on their Web ment can break the vicious cycles that it’s time for Congress to do the same.’’ site. So Mr. Speaker, if anybody was are crippling our economy.’’ You know, MIKE ROSS, in a floor speech Decem- listening today—and I have to remem- I think there is some truth in that. Al- ber 6, 2005, said, ‘‘Deficits do matter. ber that most of my constituents at though I think that we the people, the Deficits reduce economic growth. They 2:30 in the afternoon, those that have entrepreneurs, the free market system, burden our children and grandchildren jobs are out working. We didn’t have do a much better job than government with liabilities. They increase our reli- any votes today in this body, so for you doing anything, but I think the truth ance on foreign lenders who now own 40 that may be taping this or may have of this statement is that only govern- percent of our debt.’’ That’s right, for- an opportunity of a loved one to see it, ment can break the vicious cycle. eign lenders now own 40 percent of our we actually counted votes today—or Yeah, government’s got to get out of debt. had some people count them for us and it. If we want to break the vicious I would venture to say to my good we watched them. So we had a pretty cycle that we’re in of rewarding bad be- friend from Arkansas I would like to easy day today, had a pretty easy day havior, we’ve got to get out of this and work with him to try to find out what yesterday. In fact, we were out by let the market take care of itself. But percentage foreign investors and lend- about two o’clock yesterday. We’ll no, we haven’t learned from that be- ers own of our debt right now, where probably have a pretty easy day tomor- cause, you know, you would think that they’re even thinking about charging row, I think we’ve got two bills. But for with the Dow going down every day, us premium interest because 9 percent those of you that are watching—and even with all the money that we’re of our gross domestic product is going that could be, Mr. Speaker, if I was pumping in it, we would go, you know to be in that debt. talking to somebody out in the audi- what? This isn’t working. We’ve got a TIM RYAN, July 6, 2004: ‘‘We have al- ence, if I was addressing them I would problem here. Let’s look at it, let’s see most a $600 billion annual deficit for tell them to go to a Conference of May- what it is. And we might find out that the past year. This is getting rolled ors Web site and look at some of these we’re our own worst enemy, Mr. Speak- into our $7 trillion debt that we have. projects that are ready to go, that are er. So almost 20 percent of our annual infrastructure and vital—I believe it But let’s talk about the national budget that we pay down here is inter- says vital infrastructure projects. The debt. Let’s talk about the deficit. The est on the debt that we have. So if you first one is $350,000 for an Albuquerque, national debt is currently more than keep accruing the big debt, you have to New Mexico fitness center. That’s a 10.6 trillion—and I’m talking with a keep taking tax money to pay it off. vital project. Ninety-four million for a ‘‘T.’’ You know, it took me a while, Who’s lending us this money? Japan parking garage at the Orange Bowl in when I got into government, to learn and China are lending us this money.’’ Miami. Now, these are the ready-to-go what a million dollars was, and then it Mr. RYAN, you’re right. They are. But infrastructure projects that our tax took me a little bit longer to learn now rather than a $7 trillion debt, it’s dollars are going to go into, these are what a billion is. It’s hard to get your a $10.6 trillion debt that has increased those vital projects; $4.5 million for head around a trillion. So Mr. Speaker, by $2 trillion since the Democrats have Gretna, Florida to bottle water with if anybody is at home that is going to been in charge here. recyclable bottles; $35 million, Music go to the Mayors Conference vital BRAD ELLSWORTH, in a press release Hall of Fame in Missouri; $55 million projects Web site might also want to go January 5, 2007: ‘‘Hoosier families in for a mob museum in Las Vegas that’s to a math Web site and try to figure my district make the tough choices to described in the Mayor’s report as ‘‘his- out how much a trillion is. But our na- balance their family’s budget. Congress toric post office museum rehabilita- tional debt today is $10.6 trillion, con- should be held to the same standard tion.’’ You know, we think of so many tinues to grow. The national debt has when it comes to our Nation’s budget.’’ good ways to name these bills that increased by $2 trillion since the Demo- RON KLEIN, in a floor speech on Sep- they just are really warm and fuzzy, crats took over Congress just 2 years tember 10, 2008: ‘‘It’s now the Demo- and so sometimes you don’t pull back ago, $2 trillion increase. crats, many of us, who are sort of lead- the covers. Twenty million for a minor The President-elect on 60 Minutes, ing the fight on fiscal discipline. We league baseball museum in Durham, November 16, said we shouldn’t worry are the fiscal hawks.’’ North Carolina, and $6 million for about the deficit next year or even the Representative KLEIN, the gentleman snowmaking and maintenance facili- year after. Speaker PELOSI, on a floor from Florida, I hope you’re right. I ties at Spirit Mountain, Minnesota. speech on March 17 of 2005, said, hope you’re telling the American peo- Now, I apologize to those Members, Mr. ‘‘Democrats have made a commitment ple the truth. Speaker, that these are in their dis- to honor the value of accountability, Mr. Speaker, I hope this is truth tricts and that these may have been including eliminating deficit spend- that’s come out where these people put in—not necessarily put in the ing.’’ STENY HOYER, speech at the Na- said we’re going to look after the fiscal package to get a vote or two, I don’t tional Press Club September 28, 2007, well-being of this country, because if know. But what I do know is that the Mr. Speaker, he said, ‘‘Today Demo- they follow this plan or if they follow lady and the gentleman and the family crats are fighting to restore the fiscal the plan that’s being discussed right that’s sitting around the kitchen table discipline that has been sorely lacking now by the President-elect and the ma- wanting to know how they’re going to since 2001. Why? Because we believe jority in the House and the majority in pay their house note or their car note deficits and spiraling debt threaten our the Senate, these things are going to or what they’re going to do because future prosperity and national secu- be a lot worse than what they were mom or dad, or both, don’t have a job, rity.’’ What has changed in a year, a when they were reading these floor they don’t think these are such vital little over a year; what’s changed? speeches. So they’re going to be caught projects. They don’t think they’re that Rahm Emanuel, the President-elect’s head on looking into the headlights of vital. What they think is vital is us Chief of Staff in the White House, Jan- what they’ve said and how that’s going

VerDate Nov 24 2008 23:47 Jan 08, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JA7.021 H08JAPT1 smartinez on PROD1PC64 with HOUSE January 8, 2009 CONGRESSIONAL RECORD — HOUSE H79 to balance out with what they do. Mr. I see a good friend of mine from government and the fact that we have Speaker, we are going to be held ac- Texas, the gentleman that came up an interest now in banks and we have countable for what we say and espe- with one of the most brilliant tax an interest in the car business. We even cially in what we do. packages last December that I know of have a car czar I guess that’s going to So if you want to look at Mr. but we can’t seem to get a hearing on tell them what kind of cars will sell CARDOZA, in a floor speech December 6 it or seem to get it to the floor for a best. of 2006: ‘‘The past few years the Repub- vote, and that’s my friend from the But the question I have and I think lican rule in Washington has left our First District of Texas (Mr. GOHMERT). the question that the American people Nation severely crippled with debt. Mr. GOHMERT. I appreciate the gen- have is the government is what Reckless fiscal policies have turned tleman’s yielding. brought this on in the Community Re- record surpluses into record deficits in You’ve made some wonderful points, investment Act. And, look, I love the 6 short years. Democrats believe that but I come back to the statement you Community Reinvestment Act in some fiscal responsibility is a crucial ingre- have in quotes there from our Presi- of the design of it because I believe in dient in good government. The Amer- dent-elect. I have great hope that he downtown redevelopment. I think we ican people turned to Democrats to get will be able to instill more confidence need to go into some of these down- our Nation’s books out of the red.’’ and more calm to help reassure the town areas, especially places like De- What a disappointment that must be, economy. But the statement ‘‘Only troit and other places, to redevelop Mr. Speaker, for the American people government can break the vicious cy- that downtown. These downtowns are to find out that they hired the Demo- cles that are crippling our economy’’ is beautiful. So some of that Community crats to get the American books out of more of the same. We were promised Reinvestment Act was good. the red and since that time the debt change, and even though I’m a Repub- But the part that was put in place in has grown by $2 trillion. lican and he’s a Democrat, I was hop- 1995 by President Clinton that told DAN BOREN, in a press release Janu- ing we would get the change and get these lending institutions, look, you’re ary 5, 2007: ‘‘If the government is going away from the government’s inter- either going to make so many of these to buy something, Congress has to fig- fering in everything. loans to people who can’t afford them ure out how to pay for it. It’s time the We should have done a better job, the or we are going to fine you, and then government be held to the same stand- Federal Government should have, in we, the government, are bailing out ards as every American family.’’ monitoring what was being done and these people that not only took that I couldn’t agree with you more, Rep- spent. But the fact is you go back to but then made all these different loan resentative BOREN. I couldn’t agree the late 1930s, the government just programs with derivatives that nobody with you more. We need to be held to kept getting bigger and bigger. The in the free world with any type of com- those same standards as that American government kept getting involved puter could figure out, and here we are; family. But you know what? We’re not. more and more. It has continued to ex- so the government’s being involved— And the path that has been laid out, pand and grow. And you look at Fannie and that’s why this statement right the map that has been laid out by the Mae and Freddie Mac. Those are gov- here concerns me so much when it says majority that has been increased in ernmental creations, and then when ‘‘Only government can break the vi- both the House and the Senate and by they got in trouble in 2002, 2003, fortu- cious cycles.’’ There’s truth in that, the President-elect, we’re not headed nately we at that time had a Secretary but it’s kind of a different truth than out of the red, we’re headed deeper into of the Treasury that was concerned what the President-elect means. We the red. But this red is not just for this about it and fought here on the Hill to can break the cycle; we’ve got to get generation, it’s for our children and try to get someone to take notice and out of it. our grandchildren. to start better regulating Fannie Mae Mr. GOHMERT. If the gentleman KENDRICK MEEK, in a floor speech and Freddie Mac. But the government would yield. June 22, 2005: ‘‘The share of the na- was more interested in continuing to Mr. WESTMORELAND. Yes. tional debt for every American is throw money at the issue and not to fix Mr. GOHMERT. I appreciate the gen- $26,255.76. This has to be paid off. This it. tleman’s yielding. is not monopoly money. This is not Our job, and we have said this before, We do need to have the Federal funny money. When this House was run is to provide for the common defense watchdog groups like the SEC do a bet- by Democrats, we balanced the budget and then beyond that create a level, ter job of monitoring and seeking out without one Republican vote, and that fair playing field, make sure the cheaters and the crooks. And that is a fact. That is prima facie evidence, everybody’s playing fair, punish the should have happened with Madoff. It as they say in the courtroom. That is cheaters, and let free enterprise work. should have happened with many not a fabrication. That is not an exag- And more and more and more we are things that have been going on. Some geration. That is not something that getting the government in running of the problems are right within gov- some Democrat said on the floor and things. ernment itself. And so the gentleman it’s not true. We balanced the budget.’’ And now after the bailout of Sep- from Georgia, my friend, is exactly I want to challenge the gentleman tember, it has grown even more. We right. The government will break the from Florida, my friend (Mr. MEEK), to have got the government buying inter- vicious cycle by getting out and by be- balance the budget. I want to do that. est in banks, buying interest in auto- coming more a policeman, going after I see my good friend over here. She makers, creating a car czar, for good- people that are cheating, instead of wants to balance the budget. We all ness sakes. We can’t design a good pen trying to dictate everything. It is kill- want to balance the budget. And to bal- or an ID card for ourselves here all ing this country to move so quickly to- ance the budget, we’re going to have to that easily, much less a car. Good wards socialism. make some tough, tough decisions in grief. Now, I brought this up in a meeting this House. We cannot continue to go But, anyway, ‘‘Only government can previously back in September that down the same road that we have been break the vicious cycles that are crip- when the government buys interest in going down. Sure, we have borrowed pling our economy.’’ Our government is banks, buys interest in stock broker- the money to do this, but you know crippling our economy. It did in Sep- age firms, car dealers, whatever it is, what? Here’s the hard part: The hard tember. It continues to. It has for that’s called socialism, and the govern- part is that the people that we have many years. The trick is to allow the ment becomes a partner and eventually done these things for are not receiving free enterprise and the entrepreneur- the government takes over the busi- the relief and we are still not ship that is so inherent in this society ness. That’s how socialism works. unfreezing the credit market. So what that has made us the greatest Nation, I was told by a colleague here obvi- are we doing? We’re not unfreezing the I believe, in the history of the world, ously these things are not socialism be- credit market. What we are doing is and yet that’s not change, ‘‘Only gov- cause the socialists are not in favor of we’re piling more and more and more ernment can break the vicious cycles.’’ the September bailout bill. and more debt on them. So we have got Mr. WESTMORELAND. The gen- Well, after it passed, I saw one of the to bring that to a close. tleman brought up a good point about socialist leaders on television saying,

VerDate Nov 24 2008 03:02 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JA7.023 H08JAPT1 smartinez on PROD1PC64 with HOUSE H80 CONGRESSIONAL RECORD — HOUSE January 8, 2009 yes, you know, initially we weren’t for government can do and what they unrolled the scroll, which went all the the bailout because we didn’t think shouldn’t do. way down the stairs on the south side money should be paid to Wall Street We came to the floor, what was it, of the Treasury building. And we took and all these other groups, but now several months ago now, 2 months ago some photos, and we put them up on that it’s past, we realize the govern- now, I guess, time flies, when we were our Web site. We pleaded with the peo- ment’s taking over the financial sec- dealing with can the government solve ple from Treasury to please work with tor, the insurance company, all these the problem out on Wall Street? Can us, not to make it a bad holiday for the things are great. It’s the greatest day the government solve the problem with people in our region, not to make it a for socialism in American history. regard to all the banks? Can the gov- bad new year, to find a way to gather So it was socialism. It is socialism. I ernment solve the problem with regard the agencies. have used the example before, but I to the crippling lending situation that One of the assistants to the Sec- learned a great lesson on exactly why was going on in this country at that retary gathered us, and we asked for a socialism never works. Not only did it time? televideo conference with people back not work for the New Testament And we heard, or we were told by the home. We did that over at the Library church, and eventually Apostle Paul White House just down the street, and of Congress, where Treasury officials, had to issue an order that if you don’t some folks from leadership right here, FDIC, SEC, HUD, Federal Reserve—and work, you don’t eat, it didn’t work for and the legislative body—but, abso- we had the people back home, realtors, the Pilgrims. They had too many peo- lutely, government can do it, and they the county commissioners, the audi- ple starve to death the first year; so can do it with taxpayer dollars, $700 tors. We had all of the interest groups they went to private property and it billion. I will use the word ‘‘scheme,’’ back home in this conversation—and it flourished. they called it a ‘‘plan’’ at the time, was great to have a conversation on But the summer I spent as an ex- that government would solve the prob- how can we stop the hemorrhage in the change student in the Soviet Union al- lem. mortgage markets? lowed a trip out to a collective farm, A few of us, not enough, a few of us It didn’t happen. Christmas came, and the fields looked bad. And I have came to the floor at that time and said, Hanukkah came, more hundreds of peo- worked on lots of farms and ranches, you know, maybe government just ple got dislodged from their homes, and and normally you get your work done can’t solve that problem by saying that the system just didn’t work. Unfortunately, the administration early, early, before the sun gets to its we have the only answer to do it. said to us, well we really need a hous- peak. And all the farmers were sitting One of the people who joined us with ing czar. I said, we said we don’t need in the shade, and it was obvious they that fight was the gentlelady from a housing czar. We need for the agen- hadn’t worked so far as midmorning. Ohio. And I would like her to address those issues again why they couldn’t cies to use their regulatory power to b 1445 solve it in the manner they were sug- get the market to work. Let the mar- And so I spoke a little Russian back gesting. ket heal itself. You are not using these then, and I said, you know, trying to be Ms. KAPTUR. Will the gentleman powers to let the market heal itself. As a result, my region has had auc- as nice as I could, when do you work yield? tioneers come in. One company from out in the field? They laughed. One of Mr. WESTMORELAND. I yield to the Texas actually came in. I read about it them said, I make the same number of gentlewoman from Ohio. in the newspaper, and I went to the rubles if I am out there in the field or Ms. KAPTUR. I want to thank the auction of homes that were auctioned if I am here in the shade, so I am here gentleman for yielding. off for $4,500. For that amount of in the shade. Last year back in the Congress when money, we could have put the original Many people don’t understand why it really mattered, when that proposal socialism isn’t a good idea. It always owner back in. came down like a fast ball down the But the HUD money hadn’t come. fails. The only way the Soviet Union center aisle here from the administra- The HUD money wasn’t there so the made it last for 70 years, they had to tion and wanted the American people city couldn’t bid on its own properties. have a tyrannical government that to put forward nearly $1 trillion and Outside investors, one outside investor killed people or put people in prison if normal hearings were not held. The bought 137 properties. they didn’t abide by it or work. membership, I don’t think, was re- These properties are not maintained. Our government, country, had flour- spected at that time. What happens is people break in them ished because the government was the Thank goodness, it’s a new Congress, and they steal the copper wiring and policeman and not the dictator. That’s and we have now seen that the Treas- the chandeliers, and they become gut- what we have got to get back to. ury Department, under Mr. Paulson’s ted units. This is what is happening. I appreciate the gentleman yielding. leadership, was more than happy to Mr. WESTMORELAND. Absentee Mr. WESTMORELAND. Thank you. take over $250 billion of the American ownership. Now I want to recognize another friend people’s money and to distribute it to Ms. KAPTUR. Absentee ownership. of mine from New Jersey, the Honor- their favored friends. We don’t even What is happening in my community is able Representative GARRETT. know who all those friends are. We horrendous, and yet I see these Wall Mr. GARRETT of New Jersey. I read press reports. There has been no Street banks get more money. Wells thank the gentleman from Georgia and proper oversight, and we don’t know Fargo—I will say their names. appreciate his taking the lead on this who the recipients have been. Citigroup, Deutsche Bank, U.S. Bank, Special Order hour this afternoon. I can tell you, and I was identifying these are the ones that are causing Mr. WESTMORELAND. I told him so much with the gentleman from huge problems in my region. And when that most of our constituents were still Texas, because in my region of north- they get acquisition of the property, at work. ern Ohio the foreclosures are increas- they don’t manage it because they Mr. GARRETT of New Jersey. There ing, unabated, the pace of increase. don’t care about our community. you go, and likewise mine in the great And just last December we had another We are a dot on the map for them. State of New Jersey. 300, right before Christmas, 300 more You know what? I was sitting here, I Let me preface my comment, the families dislodged from their homes. was thinking, what is going on here? I gentlelady from Ohio would like in a This month, we had the same. figured out, you know what they are moment to speak. I went over to the Treasury. Right going to do? They are going to take the Mr. WESTMORELAND. Sure. before Christmas, when Congress left, I loss on those properties, their original Mr. GARRETT of New Jersey. Be- came back with a big scroll. I took worth, and then the $4,500 they got, cause she worked with me on the issue over to the Treasury 4,100 addresses in they are going to take the loss and that we are talking about here, that Lucas County, Toledo, Ohio, of every book it on their tax returns for 2008 your comment is only to break the vi- citizen that had lost their home in my and make a huge windfall in the Tax cious cycles that are crippling our district in 2008. Code, which isn’t fair to the American economy. You have to couch that in The Secretary wasn’t there to see people, because the American people the correct terminology as to what me. So we went out in the back and we are footing the bill here.

VerDate Nov 24 2008 03:02 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JA7.024 H08JAPT1 smartinez on PROD1PC64 with HOUSE January 8, 2009 CONGRESSIONAL RECORD — HOUSE H81 So we have a lot of work that we market to heal thyself in those situa- What do American people want? have to do to heal this system and to tions as well in the appropriate man- American people want the opportunity heal this market. The one gentleman ner. that this great country affords them. was talking about, you know, when the Mr. WESTMORELAND. Let me just And what greater opportunity than to government takes over it’s socialism. I make a couple of comments too about have a good job. And plowing billions don’t know exactly what to call it some of the things that the lady from and trillions now, we are talking tril- when the Treasury Department really Ohio said, of those 4,162 people, I won- lions of dollars, into feel-good things has rescued all these banks. The fascist der if they would be interested to know isn’t going to stimulate this economy. system used to do that. They are com- if they took the $700 billion, that about As the gentleman knows, which is the bines, they are industrial combines, $175,000 each of that would have paid reason I introduced a bill, today, in and their banking combines were one and straightened out their mortgage. fact, that is going to allow the Amer- and the same with the government. They would be appalled to know that. ican people to keep more of their But it’s an ‘‘ism’’ of some kind. Not only that, if the government had money. I thank very much the gentleman. been serious about this, and it put that It’s going to allow small businesses We share the same deep concern. money and told those banks that made and large businesses to keep more of Mr. GARRETT of New Jersey. I ap- those loans, whether the government their money, because that’s the cheap- preciate the gentlelady’s comments she made them, make them or what, you est capital that they can obtain. So if made. I know a number of other indi- need to go back and renegotiate those we are taking a smaller bite out of viduals would like to make some re- loans, whether it’s for 40 years or 50 that, they can buy, start another fac- marks. years at a less percentage rate so you tory or buy another truck for their Let me just be brief, the gentlelady are getting your money back, that’s electrical contracting business or actually made four excellent points. what you need to do. whatever business they are in. And But, no, it’s a lot easier to give it to One, she made the point that with re- what happens when they buy another the big cats and let them wipe the slate gard to the idea of whether government truck, they have got to have employees clean, let them fix their balance sheet, can be the solution to all the problems, for that truck. is there a rush to judgment? Yes, there throw those people out, sell it for What does that do that creates more was a rush to judgment with regard to whatever they can and go on about jobs? So I hope the American people what we did last year with the spend- their business. That’s wrong. are listening to this very carefully, be- I would like to recognize my friend ing of $700 billion on TARP. Today, cause, really, there are a lot of fancy there sounds like there is a rush to from Texas (Mr. NEUGEBAUER). Mr. NEUGEBAUER. Well, I appre- words being used here, but the real judgment, what may be going on in the ciate the gentleman conducting this word is trust, some don’t trust the spending that we may be doing in the hour. Of course, when you come late to American people. I just want the Amer- future. the game, you are going to be repeat- ican people to know I trust them. Now, BARNEY FRANK said the other ing some of the things that have been Mr. WESTMORELAND. Well, and I day, a week ago, he said these were ar- said, but I think that some of these think the gentleman makes a great tificial deadlines that were being set, things bear repeating. point because, you know, change was whether we are talking about TARP or I think the number one premise that the key word of this election cycle. the auto situation or now the spending the American people need to be listen- And I think the American people love going forward, the sun still rose tomor- ing, as we have this debate, about fur- that word ‘‘change,’’ and they did want row, to quote BARNEY FRANK. The sun ther actions that this government to change. will still rise tomorrow with regard to might take to intervene in these mar- But I think the change they wanted our economy as well. We should not set kets, is to remind everybody whose was trust and transparency. That’s artificial deadlines. money this is. Now, some people out what they thought change meant. If we The gentlelady also made an impor- there think that it’s the government’s are going down this path, and the path tant comment when she said it’s the money, and we let the American people that the majority in the House and the people’s money that we are dealing keep some of it. majority in the Senate is talking with here. We have to always remem- Others think that small businesses about, was spending their tax dollars, ber that. It’s the taxpayers’ dollars. So and hard-working families across it’s not that trust and transparency we must be careful how it’s spent. America that are working hard and that they are going to get. Also, within that subset of the com- conducting business, that money be- You know, that’s the amazing thing, ment, it is the nature of politics that it longs to them. That’s the premise that these 4,162 foreclosures, they are the will be political decisions, as opposed I believe in. ones that put up the 700, or part of the to market decisions, that will direct As a former small businessman, like $700 billion to allow their house to be the forces of the dollars. We should the gentleman is as well, I have been sold. allow market forces to direct it. out in the marketplace, and I know I see another good friend of mine, Thirdly, she made a great point, what market forces are. What I do somebody that I have served with in which I was going to make as well, know is that government is always a the State legislature and now have a oversight, past and future. Oversight. hindrance to market forces and has great opportunity to serve in Congress We didn’t have oversight in the past. It very seldom been oil for commerce. with, somebody that is the new Repub- doesn’t sound like we are going to have As we begin to do this, we are going lican Study Committee chairman for a heck of a lot of oversight going for- to be talking about who do we trust? this Congress, and I am certainly ex- ward. Even if we do have a little mod- There are those that voted, the other cited about that, and that’s my friend, icum of oversight right now, a hearing day, that said we don’t trust the Amer- Dr. PRICE. or two on this billion, trillion dollars ican people to distribute their money. that we are about to spend, just as with Then there are those of us that voted b 1500 the housing situation, it is impossible that said, you know what, we trust Mr. PRICE of Georgia. I want to for the Federal Government to manage American small businesses and hard- thank you for your leadership on this all these dollars going forward. Like- working families with their own issue and hosting this hour and point- wise here going forward, it will be im- money, and we believe we know the ing out probably one of the most stark possible to manage it. right prescription on how to stimulate pieces of contrast information this Finally, she made a good point as the economy, how to spend money. early in the session with the poster you well, and I will close on this, market, One of the things that we know is have there, where the President-elect heal thyself, is what she said. Likewise that the more money you let a small said just today, ‘‘Only government can here, whether it’s the credit market, business or a large business keep, the break the vicious cycles that are crip- the financial market or the unemploy- more money they are able to reinvest pling our economy.’’ It really is re- ment market, we can allow the private in their business. And what happens markable when you think about it. I sector, with the assist of the govern- when they reinvest in their business? know the American people believe in ment getting out of the way for the They create jobs. themselves strongly, I know we believe

VerDate Nov 24 2008 03:02 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JA7.026 H08JAPT1 smartinez on PROD1PC64 with HOUSE H82 CONGRESSIONAL RECORD — HOUSE January 8, 2009 in them, and I know that they know has got some of these math solutions stand that the only person in Wash- that government isn’t necessarily the on it and look at exactly how much $1 ington, D.C., that is here on your be- answer to all of our woes. trillion is. half is your Representative. And let me We are talking about solutions. We One billion seconds, one billion sec- tell you something, you better keep a have remarkable challenges, and every- onds is 32 years. There are 60 seconds in close eye on him or her to make sure body wants a solution to this. But the a minute, 60 minutes in an hour, 24 that they are representing you, and not root word of ‘‘solution’’ is to solve, and hours in a day, 365 days in a year. One only that they are representing you, to take government money that has billion seconds is 32 years. And we are but that they have the ability to have been talked about here that is not the talking trillions now, trillions with a some input into what is happening in government’s money, that is the peo- ‘‘T.’’ this body. ple’s money, I am making just a short Mr. Speaker, when I was running for There are many Members in the ma- point on that, this is tax money that office, when I was running for Con- jority party that can’t get any input if we don’t have; that we don’t have. gress, I had served in the State legisla- they disagree with what is going on, People think we are talking about ture. I went to a gathering and I met not just if you are in the minority, but this $1.2 trillion or something like it is somebody there, he was a lobbyist for if you are in the majority. This has sitting over here in the corner and all the peanut shellers, and as I got on the been a closed system, a closed House. we have got to do is figure out how to plane to come back to Georgia I I am not saying we did it perfectly, spend it. Well, it is not. It is on the thought to myself, you know, every- Mr. Speaker, when we were in charge backs of the children, grandchildren body must have a lobbyist. Everybody. for 12 years. But I want to put all of and now great grandchildren of the If the peanut shellers of America have that aside. President-elect Obama gave adults in this Nation. That is wrong. a lobbyist, then everybody must have a many people in this country hope. He That is wrong. lobbyist. gave them hope and he promised There is a solution. There are posi- But I thought of one group, one group change, and part of that hope and that tive solutions out there. You and our and only one group in this country that change was to open up the process and colleagues have talked about some of does not have a lobbyist, and Mr. to work in a bipartisan way. them today. They are allowing Ameri- Speaker, you probably know who that So as I am closing today, I want to cans to keep more of their hard-earned group is, and I would imagine that any- hope. My hope is that your hope will be money, making it so that businesses, body watching this knows what that brought to fruition, and that we can sit small and large, can create jobs, group is. But in case you don’t or you in this Chamber and we can have open, unlock the credit crisis, the credit may have forgotten, I am going to tell honest discussions about how the con- freeze that we have had, and make cer- you who that group is that does not stituents of the Third District of Geor- tain that we move in a direction that have a lobbyist up here. That is the gia feel, or how the district of the allows the economy to expand and al- American people. gentlelady from Ohio’s feels, or how lows jobs to grow without spending The American people have represent- the district of the gentleman from Vir- money that we don’t have. atives up here. They have somebody ginia feels. We will make sure that our That is one of the huge differences that is supposed to represent them on 600,000 or 700,000 constituents give the between the folks in charge right now this floor. And about half of America is only representation they have in this and those of us who believe strongly in being shut out because of the process. body the ability to speak, to speak the American people and believe We are going to bring bills to the floor freely and openly and share ideas, not strongly in American principle, in that are going to deal with the deficit. only with their colleagues, but with ev- American vision and American values, We are going to bring bills to the floor erybody in this country. that would embrace a solution that that are going to deal with the na- So, Mr. Speaker, if I could ask for would champion the individual, cham- tional debt. We are going to bring bills them to contact their Representative, I pion the American people. to the floor that are going to talk would, and pay attention, because I So I want to commend you for what about health care and are going to talk promise you that nobody is going to you are doing, and just mention that about all different types of things. look after you if they know that you one of the casualties of all of this dis- Half of this body, Mr. Speaker, half are not looking at them. cussion is the concept of what a zero of the Representatives, who are the Mr. Speaker, with that, I appreciate means. A zero tacked on to a zero only people in this city that represent the opportunity that the minority tacked on to a zero with a one put in our people back home, are going to be leader gave me to share this hour with front is a lot of money when you get a shut out of the process, because it is you and others. lot of zeros, and the American people, going to be done under suspension, f frankly, Members of Congress, have which is a form that the majority has lost sight about what a trillion dollars chosen to do some very important bills, HOUR OF MEETING ON TOMORROW is. without debate, without committee Ms. KAPTUR. Madam Speaker, I ask One trillion dollars is virtually one- hearings, without input, in fact, a lot unanimous consent that when the third of our current revenue that of times without even being available House adjourns today, it adjourn to comes into the Federal Government, to be read for two or three hours. meet at 9 a.m. tomorrow. and when we are talking about trillion That is no way to do business. So we The SPEAKER pro tempore (Ms. ED- dollar deficits, that is spending again not only have the problems that we WARDS of Maryland). Is there objection money that we don’t have for, as the have discussed here today with the to the request of the gentlewoman President-elect said today, as far as we budget, with the deficit, with the na- from Ohio? can see. That is not the kind of policy tional debt. This whole process is bro- There was no objection. that will result in positive improve- ken. The whole process is broken. f ment for the men and women across The gentlelady from Ohio, the gen- this Nation and growth in our econ- tleman from New Jersey, myself, we all AUTHORIZING THE SPEAKER TO omy, which is what we need. had amendments and different ideas ENTERTAIN MOTIONS TO SUS- The gentleman from Georgia knows that we wanted to put in this legisla- PEND THE RULES ON TOMORROW that, having served at the State level tion. What is so wrong with letting us Ms. KAPTUR. Madam Speaker, I ask and having put in place policies that vote on it? Why did this have to happen unanimous consent that the Speaker have created remarkable opportunity so quickly and so immediately? Why is be authorized to entertain motions to for so many people. I wanted to thank something more important than open, suspend the rules relating to House you for your leadership. honest, fair debate? There is no dis- Resolution 34 on the legislative day of Mr. WESTMORELAND. Thank you. infectant in the world like sunlight. So Friday, January 9, 2009. Let me say this. I think $1 trillion is we need to open up this process. We The SPEAKER pro tempore. Is there actually 12 zeros. That is amazing. So I need to have sunlight. objection the request of the gentle- hope, Mr. Speaker, that anybody that Mr. Speaker, if I could tell the Amer- woman from Ohio? is watching would go to a Web site that ican people anything, it is to under- There was no objection.

VerDate Nov 24 2008 03:02 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JA7.028 H08JAPT1 smartinez on PROD1PC64 with HOUSE January 8, 2009 CONGRESSIONAL RECORD — HOUSE H83 EXPRESSING SUPPORT FOR H.R. on each paycheck. In fact, many em- We have an opportunity at hand to 11, THE LILLY LEDBETTER FAIR ployers even explicitly prohibit such deal with this issue, and we need to do PAY ACT conversations. It is not like working it in a bipartisan way. There’s a bipar- The SPEAKER pro tempore. Under a for Congress, where our pay is public tisan plan on the table that Congress- previous order of the House, the gentle- record. In addition, who would want to man COOPER of Tennessee and I have, woman from Ohio (Ms. KAPTUR) is rec- go around when they are at a new job called the Cooper-Wolf SAFE Commis- ognized for 5 minutes. and ask new coworkers their income sion, that sets up a bipartisan panel to Ms. KAPTUR. Madam Speaker, today and level of work experience as well as put every spending program and tax I am here to express my support of the other data to evaluate if one’s own pay policy on the table and require this in- Lilly Ledbetter Fair Pay Act. I would is fair, knowing you have 180 days from stitution that has avoided its responsi- like to commend and indeed applaud your first paycheck to file with the bility to vote it on up or down. my colleagues Congresswoman ROSA U.S. Equal Employment Opportunity Today’s Washington Post, in this edi- DELAURO and Chairman GEORGE MIL- Commission? Who would want to start torial which I will submit for the LER of the Education and Labor Com- a job like that? RECORD, talked about our effort and mittee for their tireless efforts in sup- the tough decisions that Congress b 1515 port of fair treatment in the work- faces. The editorial said, ‘‘Ideally, Con- place. Jobs are on everyone’s mind, and Most new employees are more fo- gress could make the necessary hard I rise in support today of H.R. 11, not cused on doing their job and working choices through the normal legislative only because it is the right thing to do, hard and performing well so that he or process. Its repeated failure to do so, but also because, for me, it is personal. she can keep their new position and however, may necessitate a commis- When our beloved mother, Anastasia, continue to earn paychecks. In today’s sion to recommend reforms for the began work back in the middle of the climate, an income is more critical House and Senate to accept or reject.’’ last century as a counter waitress at a than worrying about pay discrimina- Amen. The Post is right. Unless we place called Liberty Lunch on Broad- tion, but that too should not allow this do the Cooper-Wolf concept of a com- way in Toledo, Ohio, she did not even practice to continue. mission, this Congress will not deal earn the minimum wage. And I will tell We cannot allow employers to hide with the issue. And if we don’t do it you what; she deserved it. That wage behind a mere 180 days and potentially now, both parties, the Democratic was only made possible by the Fair successfully carry out pay discrimina- Party and the Republican Party, will Labor Standards Act in 1938. But even tion day after day. have failed the American people, and when that act passed, her vile boss Madam Speaker, that is why I’m an both parties will have to explain to the would then cash her check and deduct original cosponsor of the Lilly American people their failure to act in the increase from her and pocket the Ledbetter Fair Pay Act. It’s in memory the best interest of future generations. money for himself. Sadly, stories of of our own mother. This bill is not only Others have spoken out. Ben pay discrimination and inequity still about pay discrimination on the basis Bernanke, Fed Chairman said, ‘‘The reside across our country. of gender, but also race, religion, na- quality of the future that we will The Lilly Ledbetter bill is named tional origin, disability or age. This endow to our children and our grand- after Lilly Ledbetter, who worked for bill is about doing the right thing to children will depend in important almost 20 years at a Goodyear Tire and protect the hardworking people of this measure on how we rise to the occa- Rubber Company plant in Gadsden, Nation. sion.’’ Alabama. After finding out that she I urge my colleagues to support this David Broder, a respected columnist for The Washington Post said, ‘‘The was the lowest paid supervisor at the important bill as we begin the 111th need for such a bipartisan approach (to plant where she worked, despite the Congress, and I want to thank Lilly examine the future of entitlement pro- fact that she had more experience than Ledbetter for her life and for the life of grams) is evident.’’ her male counterparts, Lilly sued working-class women and men across Goodyear for unlawfully discrimi- Robert Samuelson, Washington Post this country. columnist, Newsweek said, ‘‘What nating against her based on gender. Madam Speaker, thank you very A jury found in her favor, but, of would distinguish this commission much for the opportunity today to sup- course, Goodyear, which has deep pock- from its many predecessors is that port the Lilly Ledbetter Act of 2009, ets and in fact is a defense contractor Congress would have to vote on its rec- H.R. 11. of our country, went to court. In fact, ommendations.’’ they had the money to go all the way f David Brooks, from the New York to the Supreme Court, and the Su- FEDERAL BUDGET DEFICIT Times, said ‘‘The Commission would preme Court ruled in favor not of Lilly, come up with a plan to restore fiscal The SPEAKER pro tempore. Under a balance, and the plan would imme- but of Goodyear. previous order of the House, the gen- The Court cited the reason being that diately go to Congress for an up-or- tleman from Virginia (Mr. WOLF) is the time limit for her claim had passed down vote.’’ recognized for 5 minutes. as the initial discrimination happened John Snow, the 73rd Treasury Sec- Mr. WOLF. Madam Speaker, we saw nearly 20 years earlier. However, Lilly retary, said, ‘‘I agree that because of yesterday the CBO projection that the Ledbetter filed her charge as soon as the huge debt overhang we face a loom- she learned of the pay discrimination. Federal budget deficit for this fiscal ing financial crisis and I know of no It was not her fault that it took almost year, which started in October, will better approach than the SAFE Com- 20 years to learn of her situation. balloon to $1.2 trillion. A member of mission idea.’’ The United States Supreme Court’s the Senate Budget Committee, KENT Editorials from the Richmond Times decision changes the law, limiting any CONRAD, called it ‘‘jaw-dropping.’’ And Dispatch said, ‘‘The Cooper-Wolf bill action to 180 days after the first inci- our budget chairman, JOHN SPRATT, would give the commission some teeth dent of discriminatory activity. In said he got ‘‘sticker shock.’’ by requiring Congress to take an up-or- such cases as Lilly Ledbetter’s, it took President-elect Obama has predicted down vote on the recommendations of nearly 20 years to have the discrimina- that ‘‘potentially we’ve got trillion the 16-member bipartisan panel.’’ tion come to light. This decision limits dollar deficits for years to come.’’ The Washington Times said, ‘‘Two the ability of any employee to chal- President-elect Obama then said, ‘‘if rays of bipartisan sunlight appear to be lenge discriminatory pay. we do nothing, then we will continue to trying to shine through the clouds H.R. 11 will restore the law and jus- see red ink as far as the eye can see.’’ casting dark shadows on the Nation’s tice by clarifying that each paycheck Most Members know that our coun- long-term fiscal horizon. The two rays resulting from a discriminatory pay de- try is facing a critical crisis, and if we of bipartisanship sunshine take the cision would constitute a new violation fail to find solutions that will halt a form of legislative proposals working of the employment nondiscrimination mortgaging of our children and grand- their way through the House and the law and reset the 180-day clock. children’s future, I seriously consider Senate.’’ Employees do not go around asking and believe the 111th Congress will And there were many others. Policy each other how much money they earn really go down as a failed Congress. groups across the political spectrum,

VerDate Nov 24 2008 03:02 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JA7.029 H08JAPT1 smartinez on PROD1PC64 with HOUSE H84 CONGRESSIONAL RECORD — HOUSE January 8, 2009 including the Heritage Foundation, the structure. The IMF recommends against nent Danger Area since 1942. Now, Brookings Institution, the Concord Co- increasing the federal payroll, cutting Members of this House have served in alition and the Committee for a Re- corporate tax rates or letting companies de- all of America’s wars, from the Revolu- sponsible Federal Budget also have em- duct their recent losses against past years’ tion through World War II. But the De- profits. The stimulus plan should include a braced the SAFE Commission. plan for offsetting spending cuts and revenue fense Department’s policy of 1943 Make no mistake. This could well be increases once the economy recovers. blocked reservist Congressmen from the hardest economic issue our Nation Over the long run, investors will finance serving in Korea, Vietnam, Desert will ever be faced with, but we cannot the U.S. government at reasonable rates Storm, Kosovo or Iraq. Senator and afford to wait. only if it tackles its huge unfunded health- Colonel LINDSAY GRAHAM broke I will end with a statement by care and pension commitments. Unchecked, through this barrier 2 years ago, and I Dietrich Bonhoeffer, who was a Lu- the cost of providing Social Security, Medi- became the first Member of this House theran pastor who stood up to the care and Medicaid to 77 million retiring baby to also serve since World War II. Nazis and was executed, hung in boomers could push the debt-to-GDP ratio up While our country has moved from a to nearly 300 percent by 2005, according to a draftee military to an all-volunteer Flossenberg Prison when the artillery December 2007 CBO report. was coming, the western ally artillery Ideally, Congress would make the nec- force, I think it’s still important for as was coming to liberate Germany. He essary hard choices through the normal leg- many Americans as possible to share was hung by the Nazis. Here’s what islative process. Its repeated failure to do so, the burden of our troops. Our military Dietrich Bonhoeffer said, and I think however, may necessitate a commission to is the strongest when it pulls into its he was exactly right when he said, recommend reforms for the House and Sen- ranks Americans from all races, creeds ‘‘The ultimate test of a moral society ate to accept or reject. Reps. Jim Cooper (D– and colors and especially all walks of is the kind of world that it leaves to its Tenn.) and Frank R. Wolf (R–Va.) and Sens. life. It is important for Members of this Kent Conrad (D–N.D.) and Judd Gregg (R– children.’’ House, where the Constitution places N.H.) have offered proposals for such a panel. the power to declare war, to also serve Will this Congress, will this 111th Hard as it is, jumpstarting the U.S. economy Congress meet the Dietrich Bonhoeffer will be easy compared with securing its fi- alongside our troops. test? I don’t know. But I’m going to do nancial future. But Mr. Obama and the Con- I voted for the deployment of troops everything I can, offer amendments on gress must do both. to Iraq and Afghanistan, and was hon- ored then to be one of the first to join the floor, amendments in committee, f to see that this Congress is forced to them in Afghanistan. deal with this issue so that we can hon- HONORING THE SACRIFICE OF As a Naval Reserve Intelligence Offi- estly say to Dietrich Bonhoeffer, we STAFF SERGEANT SOLOMON T. cer, I deployed to Southern Afghani- have tried and done whereby we, how- SAM stan in support of NATO’s Inter- ever, are a moral society, and we have The SPEAKER pro tempore. Under a national Security Assistance Force, or left a good environment and society for previous order of the House, the gen- ISAF at the headquarters of Regional our children. tleman from Arkansas (Mr. BOOZMAN) Command South. I served in the com- [From the The Washington Post, Jan. 8, 2009] is recognized for 5 minutes. mand of a Dutch Major General, Mart de Kruif, and on the staff of his Amer- YEARS TO COME Mr. BOOZMAN. Madam Speaker, I ican Deputy for Stabilization, Briga- ‘‘FISCAL SPACE’’ is an economist’s term rise today to honor a young man be- for a country’s capacity to borrow and spend loved by his family, friends and his dier General John Nicholson of the its way out of recession without risking ex- country, Staff Sergeant Solomon T. U.S. Army. orbitant interest rates and inflation later on. Sam of the United States Army, who I can report to the House that the Generally speaking, the more public debt a was taken from us on December 4, 2008, morale of our troops in Afghanistan is country already has as a share of its econ- in Mosul, Iraq. high. Americans that I joined feel that omy, the less new debt it can take on. Staff Sergeant Sam devoted nearly a this is the right mission in the right As President-elect Barack Obama and Con- place. Just because this effort is 10 decade to this country. He enlisted in gress contemplate a fiscal stimulus package times harder than we first thought, it the U.S. Armed Services in October that could total hundreds of billions of dol- remains the place where we can best lars, they still have some fiscal space to 2000, and redeployed to Iraq in Novem- support the safety of the American work with. At $6.3 trillion, the publicly held ber of 2008, serving with the 523rd Engi- people. national debt is about 45 percent of the $14 neer Company, 84th Engineer Bat- trillion economy—not much above the post- Our headquarters was located at talion, 25th Infantry Division out of Kandahar Airfield, known as KAF. We World War II average debt-to-GDP ratio of 43 Schofield Barracks, Hawaii. percent. But the space is shrinking rapidly. located just a few miles from Tarnak According to new figures from the Congres- The commitment for this country is Farms, where Osama bin Laden had sional Budget Office, federal debt is rising at something we can all be proud of. Sol- trained many al Qaeda operatives. A the fastest rate since World War II. It is esti- omon will be remembered as a soldier, few miles further down the road was mated at $1.2 trillion in fiscal 2009, or 8 per- a son, a husband and a father. His three the palace of Mullah Omar, the mur- cent of gross domestic product. This stun- young children will grow up knowing derous former dictator of the Taliban. ning number reflects both the direct effect of their dad was a hero. the recession on tax revenue and spending We face some real challenges in Af- Madam Speaker, Staff Sergeant Sam ghanistan. Our mission has now and the high cost of measures taken to com- is a true American hero who made the bat the downturn, such as the financial sec- stretched for 7 years, and can wear thin tor bailout. And it is likely to be matched or ultimate sacrifice for his country. I ask with the Afghan people. As we look at exceeded when the Obama stimulus plan my colleagues to keep his family and Senator Barack Obama becoming our kicks in. friends in their thoughts and prayers Commander-in-Chief, it’s important Mr. Obama was just leveling with the during this very difficult time. that we review what we have accom- American people when he noted yesterday f plished in Afghanistan, its differences that the country faces ‘‘ trillion-dollar defi- from the Iraq mission and what re- cits for years to come’’ unless policymakers THE FORGOTTEN WAR mains to be done. ‘‘make a change in the way that Washington The SPEAKER pro tempore. Under does business.’’ The question, of course, is First, it’s important to note that Af- how to change. Though Mr. Obama’s appoint- the Speaker’s announced policy of Jan- ghanistan is not Iraq, and almost every ment of an efficiency-minded chief perform- uary 18, 2007, the gentleman from Illi- comparison between the two leads to ance officer sent a useful signal, the real an- nois (Mr. KIRK) is recognized for 60 people making errors with regard to swers are legislative. The stimulus package minutes. our policy in Afghanistan. While both must not bloat the government’s permanent Mr. KIRK. Madam Speaker, with a countries are predominantly Muslim, financial commitments. According to a re- President to inaugurate and a troubled with over 25 million people, there is cently published International Monetary economy we can overlook the sacrifice where the similarities end. Fund paper, appropriate measures include in- of our troops in Afghanistan. This con- Iraq is a country that has always had creased transfers or temporary tax cuts to consumers at the bottom and middle of the flict, overshadowed by Iraq, is often a strong central government. Afghani- income scale; aid to state and local govern- called the Forgotten War. stan has always had a certain amount ments; and repairs and improvements (espe- Last month I became the first Mem- of lawlessness, even during the Soviet cially energy-saving ones) to existing infra- ber of the House to serve in an Immi- dictatorship.

VerDate Nov 24 2008 03:02 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JA7.030 H08JAPT1 smartinez on PROD1PC64 with HOUSE January 8, 2009 CONGRESSIONAL RECORD — HOUSE H85 Iraq has an oil industry and a middle and women from the Army, the Ma- ing for a call from our new President. class. Afghanistan has neither. rines, the Air Force, and the Navy, I Our best allies—the U.K., Spain, Iraq was a mission carried out by found these troops from the West to be France, and several other NATO coun- America and Britain, nearly alone, young, idealistic and some of the most tries—are already planning to add their with few allies helping. Afghanistan is dedicated people I’ve ever served with. troop commitment to Afghanistan. home to a NATO mission where a very In short, I worked with heroes whom I Other close allies of the United States, large majority of the troops come from admire a great deal. especially Canada and the Netherlands, outside America. When I deployed to Afghanistan, I need to be asked before making the Finally, the insurgency in Iraq was thought I might serve as a Fobbit. A painful decision for themselves to hang sustained by dictatorships in Syria and ‘‘Fobbit’’ is a person who works on a in there. Most expect that the U.S. will Iran. In Afghanistan, the principal Forward Operating Base, or a FOB, who be part of a 60,000 troop commitment to sustainment in income of the Taliban never leaves its border, who simply Afghanistan, one-third being Ameri- is now heroin, generating billions in shuttles between the chow hall, the of- cans, who will then move to attack the profit. fice, the gym, and the rack. Thanks to heroin production heartland that sus- Our troops have accomplished a great my command, I was not a Fobbit. I tains the Taliban. If this happens, we deal already in Afghanistan. We de- spent a great deal of my time outside can expect some tough days ahead. stroyed al Qaeda’s training bases, and the wire in Kandahar, in Geresk, in Hard fighting and casualties would then deposed the Taliban dictatorship Lashkar Gah, and in Qalat. This expe- ensue. The Taliban cannot survive that protected them. We organized rience gave me a much greater under- without the heroin income that comes elections, and then protected a new standing of the opportunities that we from this region. If we succeed, we will democratically elected government share with NATO and with the Afghan rip the financial engine out from the under Hamid Karzai. Government. Taliban, securing a future for central With all of this effort, we should ask Asia that does not include terror. b 1530 the question: What is at stake in Af- In the end, we should ask this key These missions were no small feat in ghanistan? Should we pull out? Should question: What is our exit strategy? a country that has proven to be the we stay put or should we double down? Currently, the Afghan police and graveyard of the Soviet military and In my view, what is at stake is that army are much, much smaller than that has seen no elections for three the safety of American families is at their counterparts in Iraq, a country generations. risk especially if you live in the target that has an equal number of people. We Since 2006, the mission in Afghani- cities of New York, Washington or Chi- need to double the size of Afghanistan’s stan has stalled as the Taliban has cago. These are the cities most empha- police and army so that they can take morphed into a new and deadly force. sized by al Qaeda and the Taliban. The this mission from NATO and so that we The tenets of Islam are generally anti- dream of many Talib and foreign fight- can wind up our own effort. It will take at least 2 or 3 years to accomplish this narcotic. The Taliban first eradicated ers is to depose the democratically objective, which is why our NATO mis- poppy and heroin production, but now elected government of Afghanistan and sion is needed now. has changed its practice. Once the then move jihad back into the cities of Europe and the United States. I want to thank the men and women Taliban no longer had easy access to with whom I served. Our Dutch allies bin Laden or to Saudi charity money, Most of the NATO troops whom I met remember not just 9/11, which they sent us General de Kruif, and our Brit- they went into the heroin business big ish allies sent us Brigadier General time. Today, they are more accurately watched on TV, but also the Madrid Metro attack, the London bus bomb- Hook of the Royal Marine Commandos, described as the narco-Taliban, backed both of whom I served with closely. by at least $500 million in annual drug ings, and the murder of intellectuals in Amsterdam. They believe as I do, I also want to thank the men with profits. Some of Afghanistan’s wealthi- whom I most closely worked: Majors est warlords are Taliban leaders who which is the best way to face the Talib is in Afghanistan with Afghan allies Will Daniel and Fred Tanner of the produce heroin to support jihad and U.S. Army. I also want to thank them terror against the elected Government who know how to fight them best. Should we keep the mission in Af- for their dedication. I think about of Afghanistan and of the nations of ghanistan as it is today? them here from the floor each and the West. If we do that, we risk a bloody stale- every day. The narco-Taliban are not evenly dis- mate that would definitely protect the I especially want to thank my boss, tributed across Afghanistan. They are capital of the Afghan Government in Brigadier General John Nicholson, of concentrated in the heroin heartland of Kabul but would surrender much of the the U.S. Army. I count myself lucky the Helmand River valley and in the territory of the country to the Talib. that, at this later stage in my life, I have served briefly with such an inspi- nearby city of Kandahar. There is a The Talib is also wearing our allies rational leader. growing misperception that the war in thin, especially in Canada and in the Afghanistan is fiercest near Pakistan’s To the mothers and fathers of this Netherlands, and it would strain our country, I would say that, if your sons border. While that may have been true alliance. The Taliban now attacks last year, the key to fighting this year or daughters serve in southern Afghan- young girls, who dare to go to school, istan, they will work under one of the is along the heroin river of Helmand in with acid in their faces, and it has as- southern Afghanistan. The Afghan most able military leaders whom I sassinated Afghanistan’s only female have ever met. Government and NATO are fighting police officer because she was a pitched battles in the strategic rear of As we leave Iraq, it is likely that Af- woman. We know who they are. They ghanistan will no longer be the forgot- NATO where support and funding for are brutal dictators who want to set so- the Taliban are actually the greatest. ten war. Members of this House should ciety back to the 13th century. take note that our troops have already Our effort there has been expensive As Americans, we cannot go back to accomplished a great deal there, but both in blood and in treasure. In my the 13th century. Our culture and our more remains to be done. area, the U.S. has lost over 80 soldiers, country don’t even go back that far. For my part, I am honored to have but the Canadians have lost over 90 and Most Afghans support our values of re- served there, and I will be on this the British over 110. I cannot empha- form, of rights for women, of the vote, House floor the voice of the troops, of size enough the dedication and profes- and especially of modernity. But sim- the Americans whom we have stationed sionalism and commitment of our ply to protect their families, many in in the land far above the Khyber Pass. troops and especially of our NATO al- Afghanistan want to be with the win- I yield back the balance of my time. lies. ning side, and right now, many families f I, personally, served with British in Afghanistan don’t know who the Royal Marine Commandos, with Cana- winning side will be—the Afghan Gov- SPECIAL ORDERS GRANTED dian troops, with Dutch armor officers ernment and NATO or the Taliban. By unanimous consent, permission to and enlisted, with Danish armor offi- Should we double down? address the House, following the legis- cers and enlisted, and with Romanian NATO allies clearly believe that we lative program and any special orders infantry. Along with our service men should double down, but they are wait- heretofore entered, was granted to:

VerDate Nov 24 2008 03:02 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K08JA7.031 H08JAPT1 smartinez on PROD1PC64 with HOUSE H86 CONGRESSIONAL RECORD — HOUSE January 8, 2009 (The following Members (at the re- and extend their remarks and include ADJOURNMENT quest of Ms. HIRONO) to revise and ex- extraneous material:) tend their remarks and include extra- Mr. WOLF, for 5 minutes, today. Mr. KIRK. Madam Speaker, I move neous material:) Mr. POE of Texas, for 5 minutes, Jan- that the House do now adjourn. Ms. WOOLSEY, for 5 minutes, today. uary 15. The motion was agreed to; accord- Mr. JONES, for 5 minutes, January 15. Mr. DEFAZIO, for 5 minutes, today. ingly (at 3 o’clock and 40 minutes Mr. GOHMERT, for 5 minutes, today. Ms. KAPTUR, for 5 minutes, today. (The following Member (at his re- p.m.), under its previous order, the Mr. SHERMAN, for 5 minutes, today. quest) to revise and extend his remarks House adjourned until tomorrow, Fri- (The following Members (at the re- and include extraneous material:) day, January 9, 2009, at 9 a.m. quest of Mr. WESTMORELAND) toh revise Mr. BOOZMAN, for 5 minutes, today. EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for Speaker-Authorized Official Travel during the fourth quarter of 2008, pursuant to Public Law 95–384 are as follows:

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO BRUSSELS, BELGIUM, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN NOV. 24 AND NOV. 27, 2008

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

...... 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON RULES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2009

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

James McGovern ...... 11/8 11/13 Ecuador ...... 1,223.00 ...... 2,333.23 ...... 3,556.23 Cynthia Buhl ...... 11/8 11/13 Ecuador ...... 1,223.00 ...... 2,333.23 ...... 3,556.23 Committee total ...... 2,446.00 ...... 4,666.46 ...... 7,112.46 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. LOUISE McINTOSH SLAUGHTER, Chairperson, Dec. 16, 2008.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO BRUSSELS, BELGIUM, EXPENDED BETWEEN NOV. 24 AND NOV. 27, 2008

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

Robert F. Reeves ...... 11/24 11 /27 Belgium ...... 514.07 ...... 7011.62 ...... 215.00 ...... 7740.69 Teri Morgan ...... 11/24 11/27 Belgium ...... 514.07 ...... 7011.62 ...... 215.00 ...... 7740.69 Kyle Anderson ...... 11/24 11/27 Belgium ...... 514.07 ...... 7011.62 ...... 215.00 ...... 7740.69 Karina Newton ...... 11/24 11/27 Belgium ...... 514.07 ...... 7011.62 ...... 215.00 ...... 7740.69 Catherine Cooke ...... 11 /24 11/30 Belgium ...... 514.07 ...... 7011.62 ...... 215.00 ...... 7740.69 Jeff Gold ...... 11/24 11/27 Belgium ...... 514.07 ...... 7011.62 ...... 215.00 ...... 7740.69 Kirsten Gullickson ...... 11 /24 11/30 Belgium ...... 514.07 ...... 7011.62 ...... 215.00 ...... 7740.69 John Clocker ...... 11 /24 11/30 Belgium ...... 514.07 ...... 7011.62 ...... 215.00 ...... 7740.69 Committee total ...... 4,112.56 ...... 56,092.96 ...... 1,720.00 ...... 61,925.52 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. ROBERT F. REEVES, Dec. 17, 2008.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, NATO PARLIAMENTARY ASSEMBLY FALL MEETING IN VALENCIA, SPAIN AND BILATERAL MEETINGS IN FLORENCE AND ROME, ITALY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN NOV. 10 AND NOV. 19, 2008.

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

Hon. John Tanner ...... 11 /10 11 /14 Italy ...... 3,746.68 ...... (3) ...... 11,728.80 11/14 11/19 Spain ...... 1,922.77 ...... 6,059.35 ...... Hon. Melissa Bean ...... 11 /10 11 /14 Italy ...... 3,746.68 ...... (3) ...... 5,252.86 11/14 11/18 Spain ...... 1,506.18 ...... (3) ...... Hon. John Boozman ...... 11/10 11/14 Italy ...... 3,746.68 ...... (3) ...... 5,252.86 11/14 11/18 Spain ...... 1,506.18 ...... (3) ...... Hon. Jo Ann Emerson ...... 11/10 11/14 Italy ...... 3,746.68 ...... (3) ...... 5,252.86 11/14 11/18 Spain ...... 1,506.18 ...... (3) ...... Hon. Baron Hill ...... 11/10 11/14 Italy ...... 3,746.68 ...... (3) ...... 5,252.86 11/14 11/19 Spain ...... 1,506.18 ...... (3) ...... Hon. Carolyn McCarthy ...... 11 /10 11/14 Italy ...... 3,746.68 ...... (3) ...... 5,252.86 11/14 11/19 Spain ...... 1,506.18 ...... (3) ...... Hon. Kendrick Meek ...... 11 /10 11/14 Italy ...... 3,746.68 ...... (3) ...... 5,252.86 11/14 11/19 Spain ...... 1,506.18 ...... (3) ...... Hon. Charlie Melancon ...... 11/10 11/14 Italy ...... 3,746.68 ...... (3) ...... 5,252.86 11/14 11/18 Spain ...... 1,506.18 ...... (3) ...... Hon. Jeff Miller ...... 11 /10 11/14 Italy ...... 3,746.68 ...... (3) ...... 5,252.86 11/14 11/18 Spain ...... 1,506.18 ...... (3) ...... Hon. Dennis Moore ...... 11 /10 11/14 Italy ...... 3,746.68 ...... (3) ...... 5,252.86 11/14 11/18 Spain ...... 1,506.18 ...... (3) ......

VerDate Nov 24 2008 04:18 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 7634 Sfmt 8634 E:\CR\FM\K08JA7.034 H08JAPT1 smartinez on PROD1PC64 with HOUSE January 8, 2009 CONGRESSIONAL RECORD — HOUSE H87 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, NATO PARLIAMENTARY ASSEMBLY FALL MEETING IN VALENCIA, SPAIN AND BILATERAL MEETINGS IN FLORENCE AND ROME, ITALY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN NOV. 10 AND NOV. 19, 2008.—Continued

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

Hon. Mike Ross ...... 11/10 11/14 Italy ...... 3,746.68 ...... (3) ...... 5,252.86 11/14 11/18 Spain ...... 1,506.18 ...... (3) ...... Hon. David Scott ...... 11 /10 11/14 Italy ...... 3,746.68 ...... (3) ...... 5,252.86 11/14 11/18 Spain ...... 1,506.18 ...... (3) ...... Hon. John Schimkus ...... 11 /10 11 /14 Italy ...... 3,746.68 ...... (3) ...... 5,252.86 11/14 11/18 Spain ...... 1,506.18 ...... (3) ...... Melissa Adamson ...... 11 /10 11 /14 Italy ...... 3,746.68 ...... (3) ...... 11,765.67 11/14 11/19 Spain ...... 1,922.77 ...... 6,096.22 ...... Kathy Becker ...... 11 /10 11 /14 Italy ...... 3,746.68 ...... (3) ...... 5,252.86 11/14 11/18 Spain ...... 1,506.18 ...... (3) ...... Gene Gurevich ...... 11 /14 11 /18 Spain ...... 1,506.18 ...... 5,326.53 ...... 6,832.71 ...... (3) ...... Vincent Morelli ...... 11/10 11 /14 Italy ...... 3,746.68 ...... (3) ...... 11,765.67 11/14 11/19 Spain ...... 1,922.77 ...... 6,096.22 ...... Taylor Morgan ...... 11/10 11/14 Italy ...... 3,746.68 ...... (3) ...... 5,252.86 11/14 11/18 Spain ...... 1,506.18 ...... (3) ...... Dr. Amanda Sloat ...... 11/10 11 /14 Italy ...... 3,746.68 ...... (3) ...... 5,252.86 11/14 11/18 Spain ...... 1,506.18 ...... (3) ...... Delegation Expenses: Representational Funds ...... 16,332.52 ...... 16,332.52 Miscellaneous ...... 721.56 ...... 721.56 Committee total ...... 97,307.43 ...... 23,578.32 ...... 17,054.08 ...... 137,939.83 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. JOHN S. TANNER, Chairman, Dec. 17, 2008.

EXECUTIVE COMMUNICATIONS, tinuing need for authorized bankruptcy 34. A letter from the Program Analyst, De- ETC. judgeships, pursuant to 28 U.S.C. 152(b)(3); to partment of Transportation, transmitting the Committee on the Judiciary. the Department’s final rule — Amendment of Under clause 8 of rule XII, executive 28. A letter from the Program Analyst, De- Class E Airspace; Butler, PA. Removal of communications were taken from the partment of Transportation, transmitting Class E Airspace; East Butler, PA. [Docket Speaker’s table and referred as follows: the Department’s final rule — Establishment No. FAA-2008-0836; Airspace Docket No. 08- 21. A letter from the Chairman, Federal of Low Altitude Area Navigation T-254; AEA-23] received January 5, 2009, pursuant to Energy Regulatory Commission, transmit- Houston, TX [Docket No.: FAA-2008-0716; Air- 5 U.S.C. 801(a)(1)(A); to the Committee on ting the Commission’s assessment of De- space Docket No. 08-ASW-9] received Janu- Transportation and Infrastructure. mand Response and Advance Metering, pur- ary 5, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); 35. A letter from the Program Analyst, De- suant to Section 1252 of the Energy Policy to the Committee on Transportation and In- partment of Transportation, transmitting Act of 2005; to the Committee on Energy and frastructure. the Department’s final rule — Establishment Commerce. 29. A letter from the Trial Attorney, De- of Class E Airspace; Edinburg, TX [Docket 22. A letter from the Chief of Staff, Defense partment of Transportation, transmitting No. FAA-2008-0985; Airspace Docket No. 08- Intelligence Agency, transmitting notifica- the Department’s final rule — Adjustments ASW-18] received January 5, 2009, pursuant tion that the Agency has adopted and fully to the Minimum and Maximum Civil Mone- to 5 U.S.C. 801(a)(1)(A); to the Committee on adheres to the No FEAR Disciplinary Best tary Penalties for Violations of Federal Rail- Transportation and Infrastructure. Practices and Advisory Guidlines 1 through road Safety Laws or Federal Railroad Ad- 36. A letter from the Program Analyst, De- 6; to the Committee on Oversight and Gov- ministration Safety Regulations [Docket partment of Transportation, transmitting ernment Reform. No.: FRA-2004-17529; Notice No. 6] (RIN: 2130- the Department’s final rule — Revision of 23. A letter from the Secretary, Federal AB94) received January 5, 2009, pursuant to 5 Class E Airspace; Ruby, AK [Docket No. Maritime Commission, transmitting the U.S.C. 801(a)(1)(A); to the Committee on FAA-2008-0005; Airspace Docket No. 08-AAL- Commission’s report on competitive Transportation and Infrastructure. 1] received January 5, 2009, pursuant to 5 sourcing competitions in fiscal year 2008, 30. A letter from the Program Analyst, De- U.S.C. 801(a)(1)(A); to the Committee on pursuant to Public Law 108-199, section 647(b) partment of Transportation, transmitting Transportation and Infrastructure. of Division F; to the Committee on Oversight the Department’s final rule — Revision of 37. A letter from the Program Analyst, De- and Government Reform. Restricted Areas 4806W, 4807A&B, and 4809; partment of Transportation, transmitting 24. A letter from the Commissioner, Social Nevada [Docket No.: FAA-2008-1252; Airspace the Department’s final rule — Revision of Security Administration, transmitting the Docket No. 08-AWP-12] (RIN: 2120-AA66) re- Class E Airspace; Ketchikan, AK [Docket No. Administration’s report for fiscal year 2008 ceived January 5, 2009, pursuant to 5 U.S.C. FAA-2008-0998; Airspace Docket No. 08-AAL- on competitive sourcing efforts as required 801(a)(1)(A); to the Committee on Transpor- 29] received January 5, 2009, pursuant to 5 by Section 647(b) of Division F of the Con- tation and Infrastructure. U.S.C. 801(a)(1)(A); to the Committee on solidated Appropriations Act, 2004, Pub. L. 31. A letter from the Program Analyst, De- Transportation and Infrastructure. 108-199; to the Committee on Oversight and partment of Transportation, transmitting 38. A letter from the Program Analyst, De- Government Reform. the Department’s final rule — Establishment partment of Transportation, transmitting 25. A letter from the Inspector General, of Class D and Class E Airspace; Conroe, TX the Department’s final rule — Modification U.S. House of Representatives Office of In- [Docket No. FAA-2008-0960; Airspace Docket of Class D and E Airspace; Brunswick, ME spector General, transmitting a revised re- No. 08-ASW-17] received January 5, 2009, pur- [Docket No.: FAA-2008-0203; Airspace Docket port due to an identified typographical error suant to 5 U.S.C. 801(a)(1)(A); to the Com- No. 08-ANE-99] received January 5, 2009, pur- within the notes to the financial statements mittee on Transportation and Infrastruc- suant to 5 U.S.C. 801(a)(1)(A); to the Com- of the Financial Statement Audit Report for ture. mittee on Transportation and Infrastruc- Fiscal Year 2007, pursuant to 36 U.S.C. 32. A letter from the Program Analyst, De- ture. 1101(20) and 1103; to the Committee on House partment of Transportation, transmitting 39. A letter from the Program Analyst, De- Administration. the Department’s final rule — Revocation of partment of Transportation, transmitting 26. A letter from the Principal Deputy As- Class E Airspace; Metlakatla, AK [Docket the Department’s final rule — Establishment sistant Attorney General, Department of No. FAA-2008-1018; Airspace Docket No. 08- of Class E Airspace; Napakiak, AK [Docket Justice, transmitting notification that the AAL-31] received January 5, 2009, pursuant to No.: FAA-2008-0454; Airspace Docket No. 08- Solicitor General has decided not to seek en 5 U.S.C. 801(a)(1)(A); to the Committee on AAL-13] received January 5, 2009, pursuant to banc or Supreme Court review of the deci- Transportation and Infrastructure. 5 U.S.C. 801(a)(1)(A); to the Committee on sion of the United States Court of Appeals 33. A letter from the Program Analyst, De- Transportation and Infrastructure. for the Federal Circuit in Rothe Dev. Corp. v. partment of Transportation, transmitting 40. A letter from the United States Trade U.S. Dep’t of Defense, 545 F.3d 1023 (Fed. the Department’s final rule — Modification Representatives, Executive Office of the Circ. 2008), pursuant to 28 U.S.C. 530D; to the of Class E Airspace; Franklin, NC [Docket President, transmitting the Administra- Committee on the Judiciary. No. FAA-2008-0986; Airspace Docket No. 08- tion’s intent to participate in the negotia- 27. A letter from the Secretary, Judicial ASO-15] received January 5, 2009, pursuant to tion of the Trans-Pacific Strategic Economic Conference of the United States, transmit- 5 U.S.C. 801(a)(1)(A); to the Committee on Partnership Agreement (TPP); to the Com- ting the Conference’s report on the con- Transportation and Infrastructure. mittee on Ways and Means.

VerDate Nov 24 2008 04:18 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A08JA7.005 H08JAPT1 smartinez on PROD1PC64 with HOUSE H88 CONGRESSIONAL RECORD — HOUSE January 8, 2009 PUBLIC BILLS AND RESOLUTIONS H.R. 297. A bill to amend title 38, United By Mr. KIRK (for himself and Mr. States Code, to provide for an increase in the MCDERMOTT): Under clause 2 of rule XII, public amount of subsistence allowance payable by bills and resolutions of the following H.R. 306. A bill to amend title XVIII of the the Secretary of Veterans Affairs to veterans Social Security Act to provide coverage for titles were introduced and severally re- participating in vocational rehabilitation kidney disease education services under the ferred, as follows: programs, and for other purposes; to the Medicare Program, and for other purposes; By Ms. JACKSON-LEE of Texas: Committee on Veterans’ Affairs. to the Committee on Energy and Commerce, H.R. 288. A bill to create a separate DNA By Mr. BOUSTANY: and in addition to the Committee on Ways H.R. 298. A bill to amend title XXI of the database for violent predators against chil- and Means, for a period to be subsequently Social Security Act to require SCHIP annual dren, and for other purposes; to the Com- determined by the Speaker, in each case for reports to include information on the HEDIS mittee on the Judiciary. measure relating to access to primary care consideration of such provisions as fall with- By Ms. JACKSON-LEE of Texas: practitioners by individuals eligible for child in the jurisdiction of the committee con- H.R. 289. A bill to authorize the President health assistance under such plans and on cerned. to posthumously award a gold medal on be- State efforts to avoid certain displacement By Ms. BALDWIN (for herself, Mrs. half of the Congress to the seven members of of private health coverage, and to express BONO MACK, Mr. LANGEVIN, and Mr. the crew of the space shuttle Columbia in the sense of Congress that such States BILIRAKIS): recognition of their outstanding and endur- should utilize Consumer Assessment of H.R. 307. A bill to enhance and further re- ing contributions to the Nation; to the Com- Healthcare Providers and Systems consumer search into paralysis and to improve reha- mittee on Financial Services. satisfaction surveys to measure access by bilitation and the quality of life for persons By Mr. MCDERMOTT: such idividuals to physicians; to the Com- living with paralysis and other physical dis- H.R. 290. A bill to provide for special trans- mittee on Energy and Commerce. abilities, and for other purposes; to the Com- fers of funds to States to promote certain By Mr. ENGEL: mittee on Energy and Commerce. improvements in State unemployment com- H.R. 299. A bill to provide American con- By Mr. BILIRAKIS (for himself and Ms. pensation laws; to the Committee on Ways sumers information about the broadcast tel- ROS-LEHTINEN): and Means. evision transition from an analog to a digital H.R. 308. A bill to amend the Internal Rev- By Mr. MCDERMOTT: format, and to provide additional funds for enue Code of 1986 to provide a credit against H.R. 291. A bill to provide for certain tem- the converter box coupon program under the tax for hurricane and tornado mitigation ex- porary additional unemployment benefits; to Digital Television Transition and Public penditures; to the Committee on Ways and the Committee on Ways and Means. Safety Act of 2005; to the Committee on En- Means. By Mr. BUYER (for himself, Mr. ergy and Commerce. By Mr. BILIRAKIS (for himself and Mr. MICHAUD, Mr. WALZ, Mr. BROWN of By Mr. EHLERS: PUTNAM): South Carolina, Mr. BILIRAKIS, Mr. H.R. 300. A bill to provide for the National BOOZMAN, Mr. LAMBORN, Mr. HARE, Oceanic and Atmospheric Administration, H.R. 309. A bill to amend the Internal Rev- Mr. BUCHANAN, and Mr. MILLER of and for other purposes; to the Committee on enue Code of 1986 to allow certain current Florida): Science and Technology, and in addition to and former service members to receive a re- H.R. 292. A bill to improve energy and the Committee on Natural Resources, for a fundable credit for the purchase of a prin- water efficiencies and conservation through- period to be subsequently determined by the cipal residence; to the Committee on Ways out the Department of Veterans Affairs, and Speaker, in each case for consideration of and Means. for other purposes; to the Committee on Vet- such provisions as fall within the jurisdic- By Mr. BOREN: erans’ Affairs, and in addition to the Com- tion of the committee concerned. H.R. 310. A bill to provide for the convey- mittee on Science and Technology, for a pe- By Mr. NEUGEBAUER: ance of approximately 140 acres of land in riod to be subsequently determined by the H.R. 301. A bill to amend the Internal Rev- the Ouachita National Forest in Oklahoma Speaker, in each case for consideration of enue Code of 1986 to prevent pending tax in- to the Indian Nations Council, Inc., of the such provisions as fall within the jurisdic- creases and to provide additional tax reduc- Boy Scouts of America, and for other pur- tion of the committee concerned. tions to stimulate economic growth; to the poses; to the Committee on Natural Re- By Mr. BUYER (for himself, Mr. BILI- Committee on Ways and Means. sources. RAKIS, Mr. BOOZMAN, Mr. LAMBORN, By Mr. ACKERMAN (for himself, Mrs. By Mr. BRADY of Texas (for himself, Mr. BUCHANAN, Mr. STEARNS, and Ms. MALONEY, Mr. WEINER, Mr. CAPUANO, Mr. KINGSTON, Mr. AKIN, Mr. BAR- GINNY BROWN-WAITE of Florida): Mrs. MCCARTHY of New York, Mrs. RETT of South Carolina, Mr. BART- H.R. 293. A bill to amend title 38, United LOWEY, and Mr. PERLMUTTER): LETT, Mrs. BLACKBURN, Mr. BROUN of States Code, to direct the Secretary of Labor H.R. 302. A bill to require the Securities Georgia, Mr. CONAWAY, Mr. FRANKS of to carry out a grant program to provide re- and Exchange Commission to reinstate the Arizona, Mr. GARRETT of New Jersey, integration services through programs and uptick rule on short sales of securities; to Mr. GINGREY of Georgia, Mr. the Committee on Financial Services. facilities that emphasize services for home- HENSARLING, Mr. JORDAN of Ohio, Mr. By Mr. BILIRAKIS: less women veterans and homeless veterans LAMBORN, Mr. MCCLINTOCK, Mr. H.R. 303. A bill to amend title 10, United with children; to the Committee on Vet- PITTS, and Mr. POSEY): States Code, to permit additional retired erans’ Affairs. members of the Armed Forces who have a H.R. 311. A bill to cap discretionary spend- By Mr. BUYER (for himself, Mr. BILI- service-connected disability to receive both ing, eliminate wasteful and duplicative agen- RAKIS, Mr. BOOZMAN, Mr. ROONEY, Mr. disability compensation from the Depart- cies, reform entitlement programs, and re- BUCHANAN, and Ms. GINNY BROWN- ment of Veterans Affairs for their disability form the congressional earmark process; to WAITE of Florida): and either retired pay by reason of their the Committee on the Budget, and in addi- H.R. 294. A bill to amend title 38, United years of military service or Combat-Related tion to the Committees on Rules, and Over- States Code, to provide for the reauthoriza- Special Compensation and to eliminate the sight and Government Reform, for a period tion of the Department of Veterans Affairs phase-in period under current law with re- to be subsequently determined by the Speak- small business loan program, and for other spect to such concurrent receipt; to the Com- er, in each case for consideration of such pro- purposes; to the Committee on Veterans’ Af- mittee on Armed Services, and in addition to visions as fall within the jurisdiction of the fairs. the Committee on Veterans’ Affairs, for a pe- committee concerned. By Mr. BUYER (for himself, Mr. BILI- riod to be subsequently determined by the By Mr. BRALEY of Iowa: RAKIS, Mr. BOOZMAN, Mr. BUCHANAN, Speaker, in each case for consideration of H.R. 312. A bill to amend the Internal Rev- and Mr. STEARNS): such provisions as fall within the jurisdic- enue Code of 1986 to extend the credit for H.R. 295. A bill to authorize appropriations tion of the committee concerned. electricity produced from certain renewable for the veterans’ workforce investment pro- By Mr. KIRK (for himself and Mr. resources; to the Committee on Ways and grams; to the Committee on Education and CAPUANO): Means. Labor. H.R. 304. A bill to award a congressional By Mr. CUELLAR: By Mr. BUYER (for himself, Mr. gold medal to Joseph Barnett Kirsner, M.D., H.R. 313. A bill to amend title 11, United BOOZMAN, Mr. ROONEY, Mr. STEARNS, Ph.D., in recognition of his many out- and Ms. GINNY BROWN-WAITE of Flor- standing contributions to the Nation; to the States Code, to establish a priority for the ida): Committee on Financial Services. payment of claims for duties paid to the United States by licensed customs brokers H.R. 296. A bill to amend title 10, United By Mr. KIRK (for himself, Mr. COHEN, and sureties on behalf of a debtor; to the States Code, to revise the process by which a and Mr. WHITFIELD): member of the Armed Forces is retired for H.R. 305. A bill to amend title 49, United Committee on the Judiciary. disability and becomes eligible for retire- States Code, to prohibit the transportation By Mr. CUELLAR: ment pay, and for other purposes; to the of horses in interstate transportation in a H.R. 314. A bill to increase the number of Committee on Armed Services. motor vehicle containing 2 or more levels Federal judgeships in certain judicial dis- By Mr. BUYER (for himself, Mr. BILI- stacked on top of one another; to the Com- tricts with heavy caseloads of criminal im- RAKIS, Mr. BOOZMAN, and Mr. BU- mittee on Transportation and Infrastruc- migration cases; to the Committee on the CHANAN): ture. Judiciary.

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By Mr. CUELLAR: By Mr. GRIJALVA (for himself and Ms. WESTMORELAND, Ms. SHEA-PORTER, H.R. 315. A bill to require the establish- GIFFORDS): Mr. TAYLOR, Mrs. GILLIBRAND, Mr. ment of customer service standards for Fed- H.R. 324. A bill to establish the Santa Cruz COURTNEY, Mr. MOORE of Kansas, Mr. eral agencies; to the Committee on Oversight Valley National Heritage Area, and for other BISHOP of Georgia, Mr. GOHMERT, Mr. and Government Reform. purposes; to the Committee on Natural Re- BOUCHER, Mr. SCHIFF, Mr. DEFAZIO, By Mr. DELAHUNT (for himself and sources. Mr. BRADY of Pennsylvania, and Mr. Mr. CAPUANO): By Mr. GRIJALVA: MCINTYRE): H.R. 316. A bill to amend the Omnibus H.R. 325. A bill to amend the Reclamation H.R. 333. A bill to amend title 10, United Parks and Public Lands Management Act of Wastewater and Groundwater Study and Fa- States Code, to permit retired members of 1996 to authorize the Secretary of the Inte- cilities Act to authorize the Secretary of the the Armed Forces who have a service-con- rior to enter into cooperative agreements Interior to participate in the Avra/Black nected disability rated less than 50 percent with any of the management partners of the Wash Reclamation and Riparian Restoration to receive concurrent payment of both re- Boston Harbor Islands National Recreation Project; to the Committee on Natural Re- tired pay and veterans’ disability compensa- Area, and for other purposes; to the Com- sources. tion, to eliminate the phase-in period for mittee on Natural Resources. By Mr. GRIJALVA: concurrent receipt, to extend eligibility for By Mr. DELAHUNT: H.R. 326. A bill to direct the Secretary of concurrent receipt to chapter 61 disability the Interior to take lands in Yuma County, H.R. 317. A bill to amend the Adams Na- retirees with less than 20 years of service, Arizona, into trust as part of the reservation tional Historical Park Act of 1998 to include and for other purposes; to the Committee on of the Cocopah Tribe of Arizona, and for the Quincy Homestead within the boundary Armed Services, and in addition to the Com- other purposes; to the Committee on Natural of the Adams National Historical Park, and mittee on Veterans’ Affairs, for a period to for other purposes; to the Committee on Nat- Resources. By Mr. HASTINGS of Florida (for him- be subsequently determined by the Speaker, ural Resources. in each case for consideration of such provi- self, Ms. ROS-LEHTINEN, Ms. By Mr. DELAHUNT (for himself and sions as fall within the jurisdiction of the WASSERMAN SCHULTZ, Mr. MARIO Mr. MARKEY of Massachusetts): committee concerned. DIAZ-BALART of Florida, Mr. MEEK of H.R. 318. A bill to extend the authority for By Ms. LEE of California: Florida, Mr. BROWN of South Caro- the Cape Cod National Seashore Advisory H.R. 334. A bill to provide for the appoint- lina, Mr. BISHOP of Georgia, Mr. Commission; to the Committee on Natural ment of a high-level United States represent- MACK, Mr. LINCOLN DIAZ-BALART of Resources. ative or special envoy for Iran for the pur- Florida, Ms. BORDALLO, Ms. CASTOR By Mr. LINCOLN DIAZ-BALART of pose of easing tensions and normalizing rela- of Florida, Mr. WEXLER, Mr. MCIN- Florida: tions between the United States and Iran; to TYRE, Mr. MOORE of Kansas, Mr. BILI- H.R. 319. A bill to amend titles XIX and the Committee on Foreign Affairs. RAKIS, Mr. WEINER, Mr. MELANCON, XXI of the Social Security Act to permit By Ms. LEE of California: States the option of coverage of legal immi- and Mr. BUCHANAN): H.R. 335. A bill to ensure that any agree- H.R. 327. A bill to establish the National grants under the Medicaid Program and the ment with Iraq containing a security com- Hurricane Research Initiative to improve State children’s health insurance program mitment or arrangement is concluded as a (SCHIP); to the Committee on Energy and hurricane preparedness, and for other pur- poses; to the Committee on Science and treaty or is approved by Congress; to the Commerce, and in addition to the Committee Committee on Foreign Affairs, and in addi- on the Judiciary, for a period to be subse- Technology. By Mr. HINCHEY (for himself, Ms. tion to the Committees on Armed Services, quently determined by the Speaker, in each and Rules, for a period to be subsequently SCHWARTZ, Mr. ENGEL, Mr. CASTLE, case for consideration of such provisions as determined by the Speaker, in each case for Mr. MORAN of Virginia, Mr. MURPHY fall within the jurisdiction of the committee consideration of such provisions as fall with- of Connecticut, Mr. PATRICK MURPHY concerned. in the jurisdiction of the committee con- of Pennsylvania, Mr. SERRANO, Mr. By Mr. ELLSWORTH (for himself, Mr. cerned. KENNEDY, Mr. OBERSTAR, Mr. BACHUS, Mr. MOORE of Kansas, and By Ms. LEE of California (for herself, FATTAH, Mr. HOLT, and Mr. Ms. GRANGER): Ms. WOOLSEY, Mr. KUCINICH, Ms. COURTNEY): H.R. 320. A bill to amend the National EDDIE BERNICE JOHNSON of Texas, and Manufactured Housing Construction and H.R. 328. A bill to amend the National Trails System Act to designate the Wash- Mr. BRADY of Pennsylvania): Safety Standards Act of 1974 to require that ington-Rochambeau Revolutionary Route H.R. 336. A bill to provide for the issuance weather radios be installed in all manufac- National Historic Trail; to the Committee on of a semipostal to benefit the Peace Corps; to tured homes manufactured or sold in the Natural Resources. the Committee on Oversight and Govern- United States; to the Committee on Finan- By Ms. LEE of California (for herself, ment Reform, and in addition to the Com- cial Services. Mr. ELLISON, and Mr. DAVIS of Illi- mittee on Foreign Affairs, for a period to be By Mr. FORTENBERRY (for himself, nois): subsequently determined by the Speaker, in Mr. BURGESS, Mr. SESSIONS, Mr. H.R. 329. A bill to amend the Personal Re- each case for consideration of such provi- TERRY, Mr. PRICE of Georgia, and Mr. sponsibility and Work Opportunity Rec- sions as fall within the jurisdiction of the SHADEGG): onciliation Act of 1996 to repeal the denial of committee concerned. H.R. 321. A bill to amend title XXI of the food stamp eligibility of ex-offenders; to the By Mr. MATHESON: Social Security Act to expand coverage op- Committee on Agriculture. H.R. 337. A bill to provide for the sale of tions under the State Children’s Health In- By Ms. LEE of California: approximately 25 acres of public land to the surance Program (SCHIP) through premium H.R. 330. A bill to establish grant programs Turnabout Ranch, Escalante, Utah, at fair assistance; to the Committee on Energy and to encourage energy-efficient economic de- market value; to the Committee on Natural Commerce, and in addition to the Commit- velopment and green job training and cre- Resources. tees on Ways and Means, and Education and ation, and to establish the Metro Area Green By Mr. MATHESON: Labor, for a period to be subsequently deter- Institute to produce and disseminate best H.R. 338. A bill to authorize the Boy Scouts mined by the Speaker, in each case for con- practice information to economic and work- of America to exchange certain land in the sideration of such provisions as fall within force development initiatives undertaken by State of Utah acquired under the Recreation the jurisdiction of the committee concerned. metropolitan communities nationally; to the and Public Purposes Act; to the Committee By Mr. GENE GREEN of Texas: Committee on Education and Labor. on Natural Resources. H.R. 322. A bill to amend title II of the So- By Ms. LEE of California (for herself, By Mr. PLATTS: cial Security Act to remove the limitation Mr. KUCINICH, Mr. RANGEL, Ms. EDDIE H.R. 339. A bill to extend the expiration upon the amount of outside income which an BERNICE JOHNSON of Texas, Mr. date of coupons issued under the digital tele- individual may earn while receiving benefits FATTAH, Ms. CORRINE BROWN of Flor- vision converter box program; to the Com- under such title, and for other purposes; to ida, Mr. PAYNE, Ms. SCHAKOWSKY, and mittee on Energy and Commerce. the Committee on Ways and Means. Mr. HONDA): By Mr. PLATTS: By Mr. GENE GREEN of Texas: H.R. 331. A bill to establish the Inde- H.R. 340. A bill to authorize the Secretary H.R. 323. A bill to amend title XXVII of the pendent Commission on the 2004 Coup d’Etat of the Interior to study the suitability and Public Health Service Act and title I of the in the Republic of Haiti; to the Committee feasibility of designating Camp Security, lo- Employee Retirement Income Security Act on Foreign Affairs. cated in Springettsbury, York County, Penn- of 1974 to require that group and individual By Ms. LEE of California: sylvania, as a unit of the National Park Sys- health insurance coverage and group health H.R. 332. A bill to provide that no funds tem; to the Committee on Natural Re- plans provide comprehensive coverage for made available to the Department of the sources. childhood immunization; to the Committee Treasury may be used to implement, admin- By Mr. PLATTS: on Energy and Commerce, and in addition to ister, or enforce regulations to require spe- H.R. 341. A bill to amend the Internal Rev- the Committee on Education and Labor, for cific licenses for travel-related transactions enue Code of 1986 to suspend the running of a period to be subsequently determined by directly related to educational activities in periods of limitation for credit or refund of the Speaker, in each case for consideration Cuba; to the Committee on Foreign Affairs. overpayment of Federal income tax by vet- of such provisions as fall within the jurisdic- By Mr. MARSHALL (for himself, Mr. erans while their service-connected com- tion of the committee concerned. JOHNSON of Georgia, Mr. BARROW, Mr. pensation determinations are pending with

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A bill to amend the Internal Rev- sign, and construction of the Tumalo Irriga- the Government of Iran’s lack of protection enue Code of 1986 to provide for an enhanced tion District Water Conservation Project in for internationally recognized human rights deduction for qualified residence interest on Deschutes County, Oregon; to the Committee creates poor conditions for religious freedom acquisition indebtedness for heritage homes; on Natural Resources. in the Islamic Republic of Iran; to the Com- to the Committee on Ways and Means. By Ms. JACKSON-LEE of Texas: mittee on Foreign Affairs. By Mr. PLATTS: H.J. Res. 12. A joint resolution expressing By Ms. PELOSI (for herself, Mr. H.R. 343. A bill to amend the Internal Rev- support for designation of September 2009 as BOEHNER, Mr. HOYER, Mr. CANTOR, enue Code of 1986 to allow volunteer fire- ‘‘Gospel Music Heritage Month’’ and hon- Mr. CLYBURN, Mr. PENCE, Mr. LARSON fighters a deduction for personal safety oring gospel music for its valuable and long- of Connecticut, Mr. MCCARTHY of clothing; to the Committee on Ways and standing contributions to the culture of the California, Mr. BERMAN, Ms. ROS- Means. United States; to the Committee on Over- LEHTINEN, Mr. ACKERMAN, and Mr. By Mr. PLATTS: sight and Government Reform. BURTON of Indiana): H.R. 344. A bill to amend the Internal Rev- By Ms. KAPTUR (for herself and Mr. H. Res. 34. A resolution recognizing Israel’s enue Code of 1986 to allow a full deduction HIGGINS): right to defend itself against attacks from for meals and lodging in connection with H.J. Res. 13. A joint resolution proposing Gaza, reaffirming the United States’ strong medical care; to the Committee on Ways and an amendment to the Constitution of the support for Israel, and supporting the Israeli- Means. United States relating to limitations on the Palestinian peace process; to the Committee By Mr. PLATTS: amounts of contributions and expenditures on Foreign Affairs. H.R. 345. A bill to amend the Internal Rev- that may be made in connection with cam- By Mr. GENE GREEN of Texas: enue Code of 1986 to increase the standard paigns for election to public office; to the H. Res. 35. A resolution expressing the mileage rate for charitable purposes to the Committee on the Judiciary. sense of the House of Representatives that standard mileage rate established by the By Mr. PLATTS: Congress should provide increased Federal Secretary of the Treasury for business pur- H.J. Res. 14. A joint resolution proposing funding for continued type 1 diabetes re- poses; to the Committee on Ways and Means. an amendment to the Constitution of the search; to the Committee on Energy and By Mr. PLATTS (for himself and Ms. United States to limit the number of con- Commerce. FOXX): secutive terms that a Member of Congress By Ms. LEE of California (for herself, H.R. 346. A bill to repeal the provision of may serve; to the Committee on the Judici- Mr. CARSON of Indiana, Mr. SCOTT of law that provides for automatic pay adjust- ary. Virginia, Mr. LEWIS of Georgia, Mr. ments for Members of Congress; to the Com- By Mr. PLATTS: MEEK of Florida, Ms. MATSUI, Mr. mittee on House Administration, and in ad- H.J. Res. 15. A joint resolution proposing MCGOVERN, Mr. RANGEL, Mr. dition to the Committee on Oversight and an amendment to the Constitution of the HASTINGS of Florida, Ms. MOORE of Government Reform, for a period to be sub- United States to authorize the line item Wisconsin, Mr. MORAN of Virginia, sequently determined by the Speaker, in veto; to the Committee on the Judiciary. Ms. CLARKE, Mr. HINCHEY, Ms. each case for consideration of such provi- By Mr. KING of Iowa: MCCOLLUM, Ms. EDDIE BERNICE JOHN- sions as fall within the jurisdiction of the H.J. Res. 16. A joint resolution proposing SON of Texas, Mr. SERRANO, Ms. committee concerned. an amendment to the Constitution of the SCHAKOWSKY, Mr. MEEKS of New By Mr. SCHIFF (for himself, Mr. SKEL- United States to repeal the sixteenth article York, Ms. ROYBAL-ALLARD, Ms. JACK- TON, Mr. HONDA, Mr. ABERCROMBIE, of amendment; to the Committee on the Ju- SON-LEE of Texas, Mr. BUTTERFIELD, Ms. BORDALLO, Ms. ROYBAL-ALLARD, diciary. Mrs. CHRISTENSEN, Ms. BORDALLO, Mr. INSLEE, and Mr. MCCOTTER): By Ms. JACKSON-LEE of Texas: Mr. BOSWELL, Mr. STARK, Mr. RUSH, H.R. 347. A bill to grant the congressional H. Con. Res. 11. Concurrent resolution rec- Ms. DEGETTE, Ms. RICHARDSON, Ms. gold medal, collectively, to the 100th Infan- ognizing the disproportionate impact of the CORRINE BROWN of Florida, Mr. try Battalion and the 442nd Regimental global food crisis on children in the devel- TOWNS, Ms. EDWARDS of Maryland, Combat Team, United States Army, in rec- oping world; to the Committee on Foreign and Ms. WOOLSEY): ognition of their dedicated service during Affairs. H. Res. 36. A resolution acknowledging the World War II; to the Committee on Financial By Mr. COHEN: 40th anniversary of the election of Shirley Services, and in addition to the Committee H. Con. Res. 12. Concurrent resolution ex- Anita St. Hill Chisholm, the first African- on House Administration, for a period to be pressing the sense of Congress that the American woman in Congress; to the Com- subsequently determined by the Speaker, in United States Postal Service should issue a mittee on House Administration. each case for consideration of such provi- commemorative postage stamp honoring sions as fall within the jurisdiction of the Sam Phillips and that the Citizens’ Stamp f committee concerned. Advisory Committee should recommend to PRIVATE BILLS AND By Mr. SKELTON: the Postmaster General that such a stamp be H.R. 348. A bill to direct the Secretary of issued; to the Committee on Oversight and RESOLUTIONS the Interior to complete a special resource Government Reform. Under clause 3 of rule XII, private study to determine the suitability and feasi- By Ms. KAPTUR (for herself and Mr. bills and resolutions of the following bility of adding the birthplace site to the HIGGINS): titles were introduced and severally re- H. Con. Res. 13. Concurrent resolution ex- Harry S Truman National Historic Site or ferred, as follows: designating the site as a separate unit of the pressing the sense of Congress that the Su- National Park System, and for other pur- preme Court misinterpreted the First By Mr. GUTIERREZ: poses; to the Committee on Natural Re- Amendment to the Constitution in the case H.R. 353. A bill for the relief of Simeon sources. of Buckley v. Valeo; to the Committee on Simeonov, Stela Simeonova, Stoyan By Mr. TERRY (for himself, Mr. SMITH the Judiciary. Simeonov, and Vania Simeonova; to the of Nebraska, and Mr. FORTENBERRY): By Ms. LEE of California (for herself, Committee on the Judiciary. H.R. 349. A bill to authorize an additional Mr. CARNAHAN, and Mr. BURGESS): By Mr. GUTIERREZ: district judgeship for the district of Ne- H. Con. Res. 14. Concurrent resolution sup- H.R. 354. A bill for the relief of Gloria braska; to the Committee on the Judiciary. porting the goals and ideals of Multiple Scle- Ayala Cuyuch; to the Committee on the Ju- By Mr. TERRY: rosis Awareness Week; to the Committee on diciary. H.R. 350. A bill to amend the Rules of the Energy and Commerce. By Mr. GUTIERREZ: House of Representatives to require com- By Ms. LEE of California: H.R. 355. A bill for the relief of Francisca mittee reports to include domestic energy H. Con. Res. 15. Concurrent resolution ex- Lino; to the Committee on the Judiciary. impact statements, and for other purposes; pressing the sense of Congress that the By Mr. GUTIERREZ: to the Committee on Rules, and in addition United States Postal Service should issue a H.R. 356. A bill for the relief of Rebeca to the Committee on Oversight and Govern- commemorative postage stamp honoring Rojas de Guzman; to the Committee on the ment Reform, for a period to be subsequently former Representative Shirley Chisholm, Judiciary. determined by the Speaker, in each case for and that the Citizens’ Stamp Advisory Com- By Ms. EDDIE BERNICE JOHNSON of consideration of such provisions as fall with- mittee should recommend to the Postmaster Texas: in the jurisdiction of the committee con- General that such a stamp be issued; to the H.R. 357. A bill for the relief of Jose de cerned. Committee on Oversight and Government Jesus Ibarra, Monica Ibarra Rodriguez, and By Ms. TSONGAS: Reform. Cristina Gamez; to the Committee on the Ju- H.R. 351. A bill to expand the boundary of By Ms. JACKSON-LEE of Texas: diciary. the Minute Man National Historical Park in H. Res. 32. A resolution recognizing the By Mr. KING of New York: the Commonwealth of Massachusetts to in- historic steps India and Pakistan have taken H.R. 358. A bill for the relief of Alemseghed clude Barrett’s Farm, and for other purposes; toward achieving bilateral peace; to the Mussie Tesfamical; to the Committee on the to the Committee on Natural Resources. Committee on Foreign Affairs. Judiciary.

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By Ms. LEE of California: H.R. 13: Mr. SIRES. H.R. 226: Mrs. CAPITO, Mr. DENT, Mr. H.R. 359. A bill for the relief of Geert H.R. 16: Mr. GONZALEZ and Mr. BUCHANAN. EHLERS, Mr. FRELINGHUYSEN, Mrs. MYRICK, Botzen; to the Committee on the Judiciary. H.R. 25: Mrs. MYRICK. Mr. POE of Texas, Mr. RADANOVICH, Mr. By Mr. MCHUGH: H.R. 40: Mr. GUTIERREZ. ROSKAM, Mr. ROGERS of Michigan, Mr. MCIN- H.R. 360. A bill to authorize the Secretary H.R. 81: Mr. KIND. TYRE, Mr. ALTMIRE, and Mrs. EMERSON. of the department in which the Coast Guard H.R. 97: Mr. GUTIERREZ and Mr. BOUCHER. H.R. 253: Ms. FUDGE, Mr. CONNOLLY of Vir- H.R. 100: Mr. TIBERI. is operating to issue a certificate of docu- ginia, and Mr. FILNER. mentation for operation in the coastwise H.R. 103: Mr. GUTIERREZ. H. Res. 18: Mr. MORAN of Virginia, Mr. trade for the vessel ZIPPER; to the Com- H.R. 105: Mr. GUTIERREZ. SERRANO, Mrs. TAUSCHER, Mr. BLUMENAUER, mittee on Transportation and Infrastruc- H.R. 124: Mr. CAMPBELL. Mr. MATHESON, and Ms. EDWARDS of Mary- ture. H.R. 135: Mr. JOHNSON of Georgia, Mr. HINOJOSA, and Mr. DEAL of Georgia. land. f H.R. 143: Ms. GRANGER. H. Res. 19: Mr. DENT, Mr. EHLERS, and Mrs. ADDITIONAL SPONSORS H.R. 147: Mr. MICHAUD, Mr. HOLDEN, Mr. EMERSON. H. Res. 31: Mr. MARKEY of Massachusetts, Under clause 7 of rule XII, sponsors REYES, Mr. MORAN of Virginia, and Mr. FATTAH. Mr. BARTON of Texas, Mr. MCGOVERN, Mr. were added to public bills and resolu- H.R. 156: Mr. POSEY. DREIER, and Mr. COBLE. tions as follows: H.R. 161: Mr. PLATTS and Mr. HENSARLING. H.R. 11: Ms. ESHOO, Mr. PRICE of North H.R. 176: Mrs. MALONEY. f Carolina, Mr. GRAYSON, Mr. RANGEL, Mr. H.R. 179: Ms. BALDWIN and Ms. MATSUI. CONNOLLY of Virginia, Mr. DRIEHAUS, Mr. H.R. 186: Mr. BISHOP of Georgia, Mr. HIMES, Mr. TEAGUE, Mrs. DAHLKEMPER, Mr. BOOZMAN, Mr. BUTTERFIELD, Mr. COHEN, Mr. PETITIONS, ETC. ´ BOCCIERI, Ms. KILROY, Mr. LUJAN, Mr. NYE, CUMMINGS, Mr. GRIJALVA, Mr. HINOJOSA, Ms. Under clause 3 of rule XII, Ms. FUDGE, Mr. MASSA, Mrs. HALVORSON, Mr. JACKSON-LEE of Texas, Mr. LEWIS of Georgia, PIERLUISI, Ms. TITUS, Mr. ADLER of New Jer- Ms. ZOE LOFGREN of California, Mrs. 2. The SPEAKER presented a petition of sey, Mr. MARSHALL, Mr. POLIS of Colorado, MALONEY, Mr. MEEKs of New York, Mr. the City of Margate, Florida, relative to Res- Mr. PASTOR of Arizona, Mr. MURTHA, Mr. MORAN of Virginia, Mrs. NAPOLITANO, Mr. olution No. 11–354 objecting to the state re- MEEK of Florida, and Ms. ROYBAL-ALLARD. SARBANES, Mr. SIRES, Mr. THOMPSON of Mis- quiring present users of the Margate utility H.R. 12: Ms. ESHOO, Mr. PRICE of North sissippi, Mr. TOWNS, and Mr. HOLT. system to pay for all alternative water Carolina, Mr. RANGEL, Mr. CONNOLLY of Vir- H.R. 196: Mr. MCCOTTER. sources without additional funding or grants ginia, Mr. DRIEHAUS, Mr. HIMES, Mr. TEAGUE, H.R. 200: Mr. GUTIERREZ, Mr. COHEN, and from the State of Florida and urging the Mrs. DAHLKEMPER, Mr. BOCCIERI, Ms. KILROY, Ms. EDWARDS of Maryland. State of Florida to either provide additional Mr. LUJA´ N, Mr. NYE, Ms. FUDGE, Mr. MASSA, H.R. 219: Mr. POE of Texas. revenue sources or withdraw the require- Mrs. HALVORSON, Mr. PIERLUISI, Ms. TITUS, H.R. 225: Mr. DINGELL, Ms. LORETTA ment that utility systems find alternative Mr. ADLER of New Jersey, Mr. MARSHALL, SANCHEZ of California, Mr. GRAYSON, Ms. water sources; and providing for an effective Mr. POLIS of Colorado, and Ms. ROYBAL-AL- ROYBAL-ALLARD, Ms. WATERS, and Mr. FIL- date; which was referred to the Committee LARD. NER. on Natural Resources.

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Vol. 155 WASHINGTON, THURSDAY, JANUARY 8, 2009 No. 3 Senate The Senate met at 10:30 a.m. and was Senator from the State of Arkansas, to per- Mr. REID. I suggest the absence of a called to order by the Honorable MARK form the duties of the Chair. quorum. L. PRYOR, a Senator from the State of ROBERT C. BYRD, The ACTING PRESIDENT pro tem- Arkansas. President pro tempore. pore. The clerk will call the roll. Mr. PRYOR thereupon assumed the The legislative clerk proceeded to PRAYER chair as Acting President pro tempore. call the roll. The Chaplain, Dr. Barry C. Black, of- f Mr. REID. I ask unanimous consent fered the following prayer: RECOGNITION OF THE MAJORITY that the order for the quorum call be Let us pray. LEADER rescinded. Almighty God, before whom the gen- The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- erations rise and pass away, give our pore. The majority leader is recog- pore. Without objection, it is so or- Senators today the provisions of Your nized. dered. grace. Provide them with the grace of f f Your comfort to cheer, Your wisdom to SCHEDULE SUPPORT FOR ISRAEL IN ITS BAT- teach, Your hand to guide, Your coun- TLE WITH HAMAS AND THE sel to instruct, and Your presence to Mr. REID. Mr. President, following ISRAELI-PALESTINIAN PEACE inspire. Prosper the works of their leader remarks, there will be a period PROCESS hands, as You direct their steps. Lord, of morning business with Senators al- show them what needs to be changed lowed to speak for up to 10 minutes Mr. REID. Mr. President, I rise to and give them the courage and wisdom each. All Senators are invited to gath- voice my strong support for a resolu- to do. In all their labors, help them to er in the Senate Chamber at 12:45 p.m. tion in support of Israel that Senator strive to fulfill Your purposes for our to proceed to the Hall of the House for MCCONNELL and I introduced with a bi- Nation and world. the counting of electoral ballots. The partisan, overwhelming number of Sen- We pray in Your great Name. Amen. joint session will commence at 1 p.m. ators. When we pass this resolution, The Senate will recess from 3:30 until the U.S. Senate will strengthen its his- f 4:45 to allow for a special Democratic toric bond with the State of Israel, by caucus meeting. If none have been to reaffirming Israel’s inalienable right to PLEDGE OF ALLEGIANCE the counting of the electoral ballots, it defend against attacks from Gaza as The Honorable MARK L. PRYOR led is quite historic and interesting, and well as our support for the Israeli-Pal- the Pledge of Allegiance, as follows: people should consider going to that. estinian peace process. I pledge allegiance to the Flag of the f I spoke last week with Prime Min- United States of America and to the Repub- ister Olmert and again expressed my lic for which it stands, one Nation under MEASURE PLACED ON THE understanding of and appreciation for God, indivisible, with liberty and justice for CALENDAR—S. 22 the terrible situation that Israel has all. Mr. REID. It is my belief that S. 22 is faced. Hamas has been firing rockets at the desk and due for its second read- f and mortars into Israel, killing, maim- ing. ing innocent Israeli citizens for more APPOINTMENT OF ACTING The ACTING PRESIDENT pro tem- than 8 years. I ask any of my col- PRESIDENT PRO TEMPORE pore. The clerk will read the bill for leagues to imagine that happening here the second time. in the United States, rockets and mor- The PRESIDING OFFICER. The The legislative clerk read as follows: clerk will please read a communication tars coming from Toronto and Canada A bill (S. 22) to designate certain land as into Buffalo, NY. How would we as a to the Senate from the President pro components of the National Wilderness Pres- tempore (Mr. BYRD). ervation System, to authorize certain pro- country react? We would react, and we The legislative clerk read the fol- grams and activities in the Department of would react swiftly and quickly. Israel lowing letter: the Interior and the Department of Agri- has been very patient. culture, and for other purposes. Gaza was controlled by Israel since U.S. SENATE, PRESIDENT PRO TEMPORE, Mr. REID. Mr. President, I object to 1967. They, in an effort of extending an Washington, DC, January 8, 2009. any further proceedings with regard to olive branch to the Palestinians, gave To the Senate: this legislation. that territory up willingly. What have Under the provisions of rule I, paragraph 3, The ACTING PRESIDENT pro tem- they gotten in return for it? Mortars of the Standing Rules of the Senate, I hereby pore. Objection is heard. The bill will and rockets fired, by now into the appoint the Honorable MARK L. PRYOR, a be placed on the calendar. thousands. So we would have to react

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

S181

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Defense Forces, using powerful weap- the calls by some or a cease-fire. Cer- I ask unanimous consent that the ons supplied by the United States, can tainly we must encourage a peaceful Senate proceed to the consideration of achieve tactical victories in Gaza by resolution of the conflict. But we must S. Res. 10 submitted earlier by Sen- damaging Hamas’s military capabili- be certain that any cease-fire is sus- ators REID and MCCONNELL. ties. But the right response is one that tainable, durable, and enforceable. The ACTING PRESIDENT pro tem- will, over the long term, make Israel Our resolution reflects the will of the pore. The clerk will report the resolu- more secure, and that will be achieved State of Israel and the will of the tion by title. only when Israel is accepted by its American people. It expresses vigorous The legislative clerk read as follows: neighbors. Those of us who have long support and unwavering commitment A resolution (S. Res. 10) recognizing the worked to support Israel should not to the welfare, security, and survival of right of Israel to defend itself against at- lose sight of this crucial goal and this the State of Israel as a Jewish and tacks from Gaza and reaffirming the United bigger picture. This escalation will, I democratic state with secure borders States strong support for Israel in its battle fear, have the opposite effect. The wid- and recognizes its right to act in self- with Hamas, and supporting the Israeli-Pal- ening use of force has implications for defense and to protect its citizens estinian peace process. Israel’s long-term security that should against acts of terrorism. It reiterates There being no objection, the Senate concern each of us. This approach may that Hamas must end the rocket and proceeded to consider the resolution. increase support among Palestinians mortar attacks against Israel, and it Mr. LEAHY. Mr. President, S. Res. for Hamas as well as anger and resent- recognizes Israel’s right to exist, re- 10, the resolution that was adopted ment toward Israel and the United nounce violence, and accept previous today reaffirming U.S. support for States within Arab countries and agreements between Israel and the Pal- Israel, is factually accurate. No one around the world. estinians, which Hamas has certainly here doubts our commitment to Israel seeks to deal a fatal blow to not done even a little bit. It encourages Israel’s security or Israel’s right to de- Hamas militants, to bomb them into the President to work actively to sup- fend itself from Hamas rocket attacks. submission and moderation. If our port a durable, enforceable, and sus- But the resolution, unfortunately, pre- country were attacked in a similar way tainable cease-fire in Gaza as soon as sents an incomplete response to the by one of our neighbors we might re- possible that prevents Hamas from re- situation in Gaza. With so much at spond the same way. But there is little taining or rebuilding the capability to stake for the United States, for Israel if any reason to believe these tactics launch rockets against Israel and al- and for the world, we owe the Amer- can work. This latest escalation, with lows for the long-term improvement of ican people and all concerned a clear- bombs falling and tank artillery strik- daily living conditions for the ordinary eyed, forthright and constructive dis- ing in heavily populated areas where people of Gaza. cussion of such vital matters as these. civilians—more than half of whom are This resolution believes strongly Hamas’s unilateral decision to break children—have no means of escape, ob- that the lives of innocent civilians the cease-fire was deplorable. It is viously and tangibly is providing am- must be protected and all appropriate clear that rather than work for peace, munition to extremists, inside and out- measures should be taken to diminish Hamas used the cease-fire to amass side of Gaza. And in doing so it in- civilian casualties and that all in- more powerful and longer range weap- creases the dangers to both soldiers volved should continue to work to ad- ons. Its actions should be universally and civilians—Israeli and Palestinian— dress humanitarian needs in Gaza. It condemned, and they will achieve noth- and of miring Israel in an open-ended supports and encourages efforts to di- ing positive for the cause of the Pales- mission in Gaza resulting in far more minish the appeal and influence of ex- tinian people. Those who have collabo- destruction and loss of innocent life tremists in the Palestinian territories rated in supplying weapons that are than we have seen so far. Ultimately, and to strengthen moderate Palestin- being used to terrorize and harm inno- extremism is what has hindered a po- ians who are committed to a secure cent civilians in Israel are complicit in litical resolution that ends this con- and lasting peace with Israel. the suffering and destruction that has flict with two secure states living side Finally, it reiterates strong support occurred on both sides. by side. for U.S. Government efforts to promote For its part, Israel used the cease-fire There are some who may argue that a just resolution of the Israeli-Pales- to pressure Hamas through a blockade the collapse of the recent cease-fire tinian conflict through a serious and that, in the absence of a long-term proves that Hamas will only respond to sustained peace process that leads to strategy, has caused extreme hardship force. Hamas has abused the cease-fire, the creation of a viable and inde- for the Palestinian people collectively but that is not the only lesson from the pendent Palestinian state living in in Gaza but done nothing to change collapse. Any clear-eyed analysis will peace alongside a secure State of Hamas’s militant policies. The block- show that a cease-fire cannot succeed— Israel. ade was not coupled with an effective indeed, it will be exploited by Israel’s The ACTING PRESIDENT pro tem- strategy to address the underlying enemies—if it is treated as an end in pore. The minority leader. causes of the conflict. itself instead of as an opportunity to Mr. MCCONNELL. Mr. President, let In the past 14 days, according to the materially improve the humanitarian me add, this resolution in support of United Nations, 758 Palestinians have situation and to undertake serious ne- the State of Israel has strong bipar- died, including 257 children, as a result gotiations to end the conflict. tisan support. Hamas is a terrorist or- of Israel’s military operations, and There are broadly acknowledged im- ganization. It clearly started this cur- thousands more have been injured. Pal- mediate steps that must be taken: put rent conflict by launching rockets on estinian homes, schools and other civil- a meaningful ceasefire in place, stop to civilian sites in Israel. The Israelis, ian infrastructure have been demol- the smuggling of weapons into Gaza, as the majority leader indicated, are ished. Among Israelis, three civilians and open crossings into Gaza to facili- responding exactly the same way we have been killed, and seven soldiers tate the flow of licit goods and serv- would if rockets were being launched have died. Israeli homes have also been ices. into the United States from Canada or badly damaged from Hamas rocket fire. But beyond that, history has shown Mexico or some similar situation. The The U.N. Relief and Works Agency, that absent an inclusive, diplomatic Israelis have every right to defend which is the principal humanitarian or- process that effectively addresses the themselves against these acts of ter- ganization functioning in Gaza, sus- core interests of both Israelis and Pal- rorism. I enthusiastically support the pended its operations earlier today due estinians, the cycle of violence will

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Preconditions are an obstacle Whereas Hamas has refused to comply with ders, and recognizes its right to act in self- to that process in the Middle East as the requirements of the Quartet (the United defense to protect its citizens against acts of much as they were for another seem- States, the European Union, Russia, and the terrorism; ingly intractable conflict, in Northern United Nations) that Hamas recognize (2) reiterates that Hamas must end the Israel’s right to exist, renounce violence, and rocket and mortar attacks against Israel, Ireland. agree to accept previous agreements between recognize Israel’s right to exist, renounce vi- Others have asked these questions, Israel and the Palestinians; olence, and agree to accept previous agree- which are worth repeating: Does the Whereas, in June 2006, Hamas crossed into ments between Israel and the Palestinians; Gaza war improve Israel’s long-term, Israel, attacked Israeli forces and kidnapped (3) encourages the President to work ac- or even short-term, security? Was it re- Corporal Gilad Shalit, whom they continue tively to support a durable, enforceable, and alistic and in Israel’s long-term inter- to hold today; sustainable cease-fire in Gaza, as soon as ests to expect Hamas to accept Israel Whereas Hamas has launched thousands of possible, that prevents Hamas from retaining in advance of negotiations, rather than rockets and mortars since Israel dismantled or rebuilding the capability to launch rock- settlements and withdrew from Gaza in 2005; ets and mortars against Israel and allows for push for a total cessation of the use of Whereas Hamas has increased the range of violence and blockade, followed by ne- the long term improvement of daily living its rockets, reportedly with support from conditions for the ordinary people of Gaza; gotiations? Was it realistic to expect Iran and others, putting additional large (4) believes strongly that the lives of inno- the ceasefire to hold while Gaza re- numbers of Israelis in danger of rocket at- cent civilians must be protected and all ap- mained under siege, rife with hunger, tacks from Gaza; propriate measures should be taken to di- illness, joblessness, and hopelessness, Whereas Hamas locates elements of its ter- minish civilian casualties and that all in- and while construction of settlements rorist infrastructure in civilian population volved should continue to work to address continued, and even accelerated, in the centers, thus using innocent civilians as humanitarian needs in Gaza; human shields; (5) supports and encourages efforts to di- West Bank? Whereas Secretary of State Condoleezza On January 6, Secretary of State minish the appeal and influence of extrem- Rice said in a statement on December 27, ists in the Palestinian territories and to Rice spoke to the U.N. Security Coun- 2008, that ‘‘[w]e strongly condemn the re- cil. I do not doubt the sincerity of her strengthen moderate Palestinians who are peated rocket and mortar attacks against committed to a secure and lasting peace concern with the humanitarian situa- Israel and hold Hamas responsible for break- with Israel; and tion in Gaza, or for the need for a ing the ceasefire and for the renewal of vio- (6) reiterates its strong support for United ceasefire ‘‘that can endure and bring lence there’’; States Government efforts to promote a just real security.’’ We all want that. But Whereas, on December 27, 2008, Prime Min- resolution of the Israeli-Palestinian conflict her words were noteworthy for what ister of Israel Ehud Olmert said, ‘‘For ap- through a serious and sustained peace proc- proximately seven years, hundreds of thou- ess that leads to the creation of a viable and they said about the dismal failure of sands of Israeli citizens in the south have the Bush administration’s approach to independent Palestinian state living in peace been suffering from missiles being fired at alongside a secure State of Israel. the Middle East conflict. Eight years them. . . . In such a situation we had no al- were squandered and mishandled, and ternative but to respond. We do not rejoice Mr. REID. I suggest the absence of a President-elect Obama faces a far more in battle but neither will we be deterred quorum. difficult situation than his predecessor from it. . . . The operation in the Gaza Strip The ACTING PRESIDENT pro tem- inherited. is designed, first and foremost, to bring pore. The clerk will call the roll. Our credibility in the entire world about an improvement in the security re- The legislative clerk proceeded to ality for the residents of the south of the call the roll. has suffered immeasurably since 9/11. country.’’; In particular our image in predomi- Whereas, on January 2, 2009, Secretary of Mr. INHOFE. Mr. President, I ask nantly Muslim countries has been af- State Rice stated that ‘‘Hamas has held the unanimous consent that the order for fected by the failure to advance a cred- people of Gaza hostage ever since their ille- the quorum call be rescinded. ible strategy to help resolve the Israel- gal coup against the forces of President The PRESIDING OFFICER (Mr. Palestinian conflict. This has pro- Mahmoud Abbas, the legitimate President of LEVIN). Without objection, it is so or- nounced and obvious implications for the Palestinian people. Hamas has used Gaza dered. as a launching pad for rockets against Israeli our security, for Israel’s security, and cities and has contributed deeply to a very f for the entire Middle East region. bad daily life for the Palestinian people in RESERVATION OF LEADER TIME At this time of great opportunity in Gaza, and to a humanitarian situation that America to change our policies and we have all been trying to address’’; The PRESIDING OFFICER. Under make a true contribution to peace in Whereas the humanitarian situation in the previous order, the leadership time the Middle East, we should be careful Gaza, including shortages of food, water, is reserved. electricity, and adequate medical care, is be- when we adopt resolutions on subjects f as sensitive as this to be cognizant of coming more acute; the history of the region and the com- Whereas Israel has facilitated humani- MORNING BUSINESS tarian aid to Gaza with over 500 trucks and plexities of the situation. Above all, numerous ambulances entering the Gaza The PRESIDING OFFICER. Under our goal should be to enhance our role Strip since December 26, 2008; the previous order, the Senate will pro- as a force for peace and our ability to Whereas, on January 2, 2009, Secretary of ceed to a period for the transaction of advance our Nation’s interests. State Rice stated that it was ‘‘Hamas that morning business, with Senators per- Mr. REID. I ask unanimous consent rejected the Egyptian and Arab calls for an mitted to speak for up to 10 minutes the resolution be agreed to, the pre- extension of the tahadiya that Egypt had ne- each. amble be agreed to, the motion to re- gotiated’’ and that the United States was The Senator from Oklahoma. consider be laid on the table, that ‘‘working toward a cease-fire that would not f there be no intervening action or de- allow a reestablishment of the status quo ante where Hamas can continue to launch HONORING OUR ARMED FORCES bate, and that any statements related rockets out of Gaza. It is obvious that that to this matter be printed in the cease-fire should take place as soon as pos- SPECIALIST STEPHEN G. ZAPASNIK RECORD. sible, but we need a cease-fire that is durable Mr. INHOFE. Mr. President, today I The ACTING PRESIDENT pro tem- and sustainable’’; and wish to recognize a very special person pore. Without objection, it is so or- Whereas the ultimate goal of the United and remember his life and sacrifice as States is a sustainable resolution of the dered. a young man. I can identify with this; The resolution (S. Res. 10) was agreed Israeli-Palestinian conflict that will allow I was a specialist in the U.S. Army. to. for a viable and independent Palestinian The preamble was agreed to. state living side by side in peace and secu- Stephen Zapasnik of Broken Arrow, The resolution, with its preamble, rity with the State of Israel, which will not OK—that is right outside of Tulsa—lost reads as follows: be possible as long as Israeli civilians are his life. He was only 19 years of age. He under threat from within Gaza: Now, there- S. RES. 10 died on December 24—that was on fore, be it Christmas Eve—in Baghdad, Iraq, Whereas Hamas was founded with the stat- Resolved, That the Senate— ed goal of destroying the State of Israel; (1) expresses vigorous support and unwav- along with two other soldiers in sup- Whereas Hamas has been designated by the ering commitment to the welfare, security, port of Operation Iraqi Freedom. Secretary of State as a Foreign Terrorist Or- and survival of the State of Israel as a Jew- Stephen followed in the footsteps of ganization; ish and democratic state with secure bor- his father by joining the Army and

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All the package that is being talked about him, or Zap, as his friends called him— those guys and gals over there know is in the range of $700 billion to $800 he had lots of names—is survived by the risk they are under. They are will- billion, and when you throw that his parents, Gary and Chris, and his ing to do that. spending on top of the deficit, we are Before Stephen left for Iraq, he said: sister, Ashley, and a very close friend, talking about a deficit which will be also named Chris, who lived with the Mom, if I ever don’t come back, you know closing in on $2 trillion, which is about Zapasniks since he was 15 years old, I will always be with you, and I will be with Jesus, and I will be fine. 11 percent of GDP. That will be almost whom Stephen considered to be his four times larger than the largest def- brother. Stephen had a strong faith in God, a icit we have run since World War II. Stephen’s mother described his deter- strong commitment to his family and There are a lot of things causing this, mination to enter the Army by losing his friends, and a calling to protect our of course, and most of them are tied to over 90 pounds to get in. He was grossly Nation by his service in the Army. the economic slowdown. The economic His mom said: overweight, but he made that sacrifice. slowdown is severe, but as we try to She said she barely recognized him I know that he is perfectly safe and spend- mute and lessen the impact of that ing Christmas up there with Jesus. after basic training because he lost slowdown on working Americans and even more weight at that time. Keep this in mind: This happened on everyday Americans, we have to be His friends and fellow soldiers affec- late on Christmas Eve. careful that we don’t do things which tionately nicknamed him ‘‘Zap,’’ de- She also expressed Stephen’s pride to aggravate significantly in the outyears scribing him as a jokester who would serve in the Army and to serve our this country’s fiscal strength and our happily make fun of himself if anyone country by fighting terrorism. She told children’s ability to have a high qual- needed to be cheered up. Zap would cre- me just a few minutes ago what a man ity of life. ate short skits and record them on his he had become, and she thanked the camera in order to share them with U.S. Army for doing for him what was I have said on numerous occasions anyone who would watch. After the ac- done for him. that I believe President-elect Obama is cident, many of his fellow soldiers from The pride is now in Stephen, this on the right track relative to bringing his battalion got together and watched young Oklahoman who enthusiasti- forward a very robust and aggressive the movies he had made, staying up cally joined the military at age 17 and stimulus package. But what is key to throughout the night, telling stories was willing to lose 90 pounds in order determining whether that package is a about him and laughing—exactly what to serve his country. He sacrificed his good package or a marginal package is Zap would have wanted them to do. life in order to provide us with the pre- the policy that underlies it. It is not Stephen loved video games, particu- cious freedoms we enjoy each day. His the numbers so much as it is the pol- larly his flight simulator game. He life embodies what it means to be a icy. wanted to become a pilot someday. hero. I believe there are a few signposts His colleagues described Stephen as a We remember you today, Stephen, which we should follow as we develop fantastic shot, always a qualifying ex- your sense of humor, your commitment such a package. The first is that we not pert in every weapon. Chris Hamil said to your family and to the Lord. unduly aggravate this long-term debt his brother volunteered to man the ma- Having just talked with his mother, situation which we have as a country. chine gun on top of his humvee. As we she reaffirmed how strong Stephen was We know we are facing a fiscal tsu- all know, and certainly the occupant of in his love for Jesus. I think we can say nami as a nation. The baby boom gen- the Chair knows, that is one of the today—and we understand this—as eration is about to be into full retire- most exposed positions a person can fleeting as life is, this wink of time we ment. During the term of this Presi- take. He was willing to do that. are here—and I talked with Chris about dency, should the President be re- In his tribute comments, Staff Ser- this—that this today is not saying elected, the baby boom generation will geant Barry summed Stephen up by goodbye to Stephen, it is saying we be very close to full retirement. That saying: will see you later. Thanks for your job will mean we will have doubled the Zap would give the shirt off his back or the well done. number of people in retirement in this last dollar in his pocket to anyone that need- I yield the floor. country, and the cost of maintaining ed it. The PRESIDING OFFICER. The Sen- those retirees will put a massive bur- A comment from a friend: ator from New Hampshire. den on the backs of this tax generation My family will be forever grateful for f but especially the next generation. We young men like Stephen who risk themselves ECONOMIC STIMULUS are talking $60 trillion of unfunded li- to provide protection and security to this ability that is coming at us. That is Mr. GREGG. Mr. President, I rise to great country of ours . . . debt coming at us. That doesn’t count speak about the issue of the economy A spouse stationed at Fort Carson the debt we are putting on the books and how we address the question of wrote: today to deal with this economic slow- economic stimulus in the context of Zap was one of my husband’s soldiers and down. what is a very severe slowdown, reces- friends. Zap left an impression on our lives So what is very critical as we address that we will never forget. He would come to sion, and in the context of what is an my house and have the best manners and be extraordinary situation relative to our trying to get the economy going by so respectful . . . Zap always cared about deficits. using a stimulus package is we have to others before himself, even offering to baby- Just yesterday, the Congressional be very careful that we put in place sit my three children so that my husband Budget Office reported that the deficit programmatic activity that doesn’t and I could have a date right before he de- this year will be $1.2 trillion. That is a add to the long-term debt of the Na- ployed. He left an impression on our lives tion, that are one-time items that will that will never be forgotten and most of all number which most of us cannot even fathom. To try to put it in context, basically retract and no longer be part my son loved him dearly . . . He was a hero of the deficit function or add to the in so many ways and he was a respected sol- that size of deficit has not occurred in dier always giving 100 percent. this country, if you calculate it as a deficit function in the outyears. His mom Chris wrote: percentage of GDP, since World War II. The TARP program is a good exam- I am so proud of my son and what he ac- It is a deficit that is extraordinarily ple. The TARP program was a program complished as a member of the military fam- large. A deficit means we are running we put in place to try to stabilize the ily. I would not take back the man he had up debt our children are going to have financial institutions of this country, become or the hero he will always be for any- to pay for. So it has a real effect on the and it has. That program basically

VerDate Nov 24 2008 00:14 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G08JA6.004 S08JAPT1 rfrederick on PROD1PC67 with SENATE January 8, 2009 CONGRESSIONAL RECORD — SENATE S185 used investment versus spending rel- where it is going to go, States and put out the door and not produce much ative to tax dollars. We purchased pre- communities—there will be some in the way of results. We have a pretty ferred stock in a series of financial in- entry-level tests they have to meet be- good and pretty recent example of how stitutions across this country. That fore they can spend the money so that this works in the area of tax policy be- preferred stock, the purchasing of it, we get a return on those dollars in the cause we did a stimulus package which has helped to stabilize those financial way of making our Nation more com- was keyed off a tax rebate last spring, institutions and the financial system petitive and more productive. I would and $80 billion of a $160 billion package of the Nation. The purchase of that hate to see us just give it to the States was a tax rebate and it generated vir- preferred stock creates a significant with very little limitation on how they tually no greater consumption. So jump in the deficit for next year. De- spend it because a lot of the money there are some pretty good statistics pending on how many of the dollars we will, unfortunately, be wasted. which have shown consumption was end up using of the TARP, it could be I know in my State every community not increased significantly at all by $400 billion or $500 billion. But in the is pulling together their wish lists, and that tax rebate initiative. So a tax re- outyears, we are going to get that I have seen things like putting in bate approach is probably not going to money back because we are buying as- alarm systems in dorms. You know, get you a lot in the area of the big sets. In fact, we may get it back with maybe that is a good idea, but it is not bang for the buck. interest—or we will get it back with in- the responsibility of the Federal Gov- We want to come out of this slow- terest and make a little money for the ernment to do that. Our responsibility down a stronger, more productive na- taxpayers, which would be good. They would be to replace a bridge or build a tion by making capital investments deserve to make a little money off that bridge that is a bottleneck from the and using tax policy to generate those initiative. standpoint of transportation or put investments so we can compete better That type of investment is a one- broadband into a region of the State in the world economy. I would hope time event which may aggravate the which couldn’t get it otherwise because that would be the approach that is deficit in the short run but does not ag- of density issues or give our health taken. gravate the deficit in the long run. communities a better way to do their There is another proposal which ad- That is the type of initiative we need IT so they are more efficient. So we do dresses the issue of States, and this one to look at. need these tests. is the most problematic of all the ini- In the area—and this is being talked In addition, everything needs a hard tiatives in the stimulus package for about a lot—of the Federal Govern- sunset. Everything in this stimulus me. There are a lot of States that have ment going out and just spending package needs a hard sunset so that been fiscally responsible and actually money, not investing money that when we get to the end of this reces- have surpluses, and some States have comes back in assets to us, we have to sion, which we are going to get to be- said they do not even need this sort of take the same approach: that we are cause we are inherently a resilient na- support. There are other States with basically going to put the dollars of the tion, we don’t continue these programs revenues that have dropped precipi- stimulus package into initiatives into the future. By hard sunset my tously because of this economic slow- which will make our Nation more com- view would be that for a program to down which they didn’t have any con- petitive and more productive in the continue under this it would have to trol over, and they have a legitimate outyears so that we get more tax reve- have a two-thirds vote. claim. They are in dire straits. There nues, hopefully, but at least have more Another major initiative in the stim- are other States, however, that have jobs created in this country as we com- ulus package, it appears, will be tax simply during the recession spent a lot pete in the worldwide economy. Thus, initiatives. I respect, and first off I ad- of money which was out of proportion as we invest in infrastructure, which mire, the energy and the focus of the with what good fiscal policy allows. So will be a large part of this stimulus Obama team on this issue. I think he I would hope that as we are talking package, it is absolutely critical that has put together an extraordinarily about assisting States—and I under- we have entry-level tests to be sure talented group of people in many areas stand it is probably going to come in that the infrastructure we are invest- but especially in the fiscal area—with through the FMAP for the Medicaid ing in is infrastructure which is going Secretary-designate Gardener and Programs—that we have some condi- to produce an outyear return to us be- Larry Summers and Paul Volcker—and tionality that says if the State’s finan- yond the dollars that are put into it is my view that as we look at the tax cial distress is caused by a drop in rev- them. part of this component—and I under- enues, then we will be supportive. But Now, we all love things such as stand it is going to be fairly big—it if the financial distress is caused by beautifying Main Street or putting in should be again focused on where we the fact they have simply been exces- running tracks. These are all things create jobs because this is the issue: sive in their programmatic activity, people love to do, and some people even How are we going to create more jobs? beyond profligate—profligate is prob- love to build halls of fame to this issue It is pretty obvious that in our econ- ably too strong a term—but excessive or that issue. But that is not the type omy jobs aren’t created by big business in their programmatic activities, be- of infrastructure investment which is or by government. Jobs are created by yond what is reasonable in these slow going to help us be more competitive individual entrepreneurs who go out times, then we should not be under- and create more jobs, and the bottom and start something small and it writing that sort of activity that is in- line is to create more jobs. What we builds. So the majority of the tax ini- appropriate from the standpoint of fis- want to do is invest in what is going to tiatives, in my opinion, should be fo- cal restraint. We should rather be fo- create more jobs and make us more cused on job creation and assisting peo- cused on assisting States that have competitive in the global economy: ple who are willing to take risks in the seen a significant drop in their rev- roads, bridges, high-speed broadband in small business community. enue. It is difficult to do, but I believe areas that aren’t quite as dense popu- There is a lot of discussion about a it can be done, and I believe it should lation-wise to make it affordable in the major employment tax credit; that if be done. commercial sense; IT, and especially in you hire people, you get a credit for It is obvious we need a robust stim- these quasi-public areas, such as health employment. I tend to think that is ulus package right now, and it is very care, where it will give us a return on probably not going to generate a whole obvious we need to have it sooner rath- our investment; the military—and we lot of economic activity. If somebody er than later. From my standpoint, as have the chairman of the Armed Serv- is going to hire someone, they are a member of the Republican Party, ices Committee sitting in the Chair— going to hire them. And they will take which is in opposition here arguably, I we have to obviously retool our mili- advantage of it, obviously, but the odds want to work with the other side of the tary. These are investments which give of people actually adding people be- aisle and with the President-elect to us a long-term return. cause they have a credit for adding accomplish it because I don’t think we So I hope as we get to the stimulus people is slim, I suspect. It is not can afford partisan politics at this package and we send this money out to human nature to do that, even for a tax time. We need to govern. These issues the States, primarily—I suspect that is credit. I suspect it will just be money are so huge and are going to have such

VerDate Nov 24 2008 00:14 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G08JA6.006 S08JAPT1 rfrederick on PROD1PC67 with SENATE S186 CONGRESSIONAL RECORD — SENATE January 8, 2009 a devastating impact on our Nation if jobs tomorrow. That is the state of the Yesterday, the designate for the new they are not aggressively and boldly economy. Instead of creating employ- Secretary of Energy, Dr. Steven Chu, addressed that we can’t afford this to ment, we are losing jobs at a pace came to my office. He is a man who is be a party-line event. We need to have which sobers all of us. widely respected for his academic ex- cooperation. We have a template for As a student of history, I understand pertise and knowledge of energy issues. that. When we took up the TARP bill, the Great Depression that Franklin He finds it a little challenging and which was an extraordinary piece of Roosevelt inherited as he became daunting, as he thinks about facing legislation, it was done because we rec- President in March of 1933 was much Members of Congress and the massive ognized the crisis was upon us and ac- deeper and dangerous and wider in level of employment of personnel at his tion had to be taken, and it was done in scope. But when you look at what we Department, but he talked in terms of a totally bipartisan and, I thought, a face today, that is the only historical energy, and he said it is ironic we have very effective way, and that is a good analogy we can point to in recent reached a point in history that the template for moving forward. memory that even is close to what we United States is not on the cutting So I just lay these ideas out as an ap- are facing. edge of developing new forms of energy proach to take, and I say, from my Over 9,000 American families lost technology. The windmills we are con- standpoint, to the extent I can partici- their homes to foreclosure yesterday, structing across America are, by and pate—and I hope I can—I am willing to more than 9,000 families will lose their large, built or designed in Europe. Nu- listen to any ideas, and I want to see us homes today, and another 9,000 the day clear energy we have not touched for make progress. I want to see it be after and every day that succeeds. The some 20 years in this country and have prompt because in this area, it is abso- reason, of course, is that we have so ceded the research to other countries. lutely critical for the President-elect many bad mortgages—the subprime There are areas where we need to in- to succeed for the Nation’s good. mortgages. Many people were misled vest in America. As President-elect Mr. President, I yield the floor. into signing up for mortgages they Obama said this morning at George The PRESIDING OFFICER. The Sen- couldn’t afford, and now, as the terms Mason University, this energy invest- ator from Illinois. reset and come due, families can’t keep ment is important for our future to up with them and are losing homes. f move toward energy independence. It is not just a problem for that per- President-elect Obama in a few days UNANIMOUS-CONSENT AGREE- son who lives down the street, the fam- will take the oath of office not far from MENT—MODIFICATION TO AP- ily who had to move out; it is your here and then will count on Congress POINTMENTS problem too. In my hometown of to move quickly to pass the American Mr. DURBIN. Mr. President, I ask Springfield, IL, a small Midwestern Recovery and Reinvestment Plan. He is unanimous consent that the order of town, with relatively stable real estate urging we do it boldly and swiftly and January 6 with respect to the an- values, my home is diminished in value that we bring transparency and open- nouncement of Members appointed to because of the foreclosures that are oc- ness to the process so the American be Senate tellers for the joint session curring in our community and the gen- people see their money is being well today be modified to reflect that Sen- eral state of the economy so even fami- spent on investments in America’s fu- lies dutifully making their mortgage ator SCHUMER will replace Senator ture—investments when it comes to payments are falling behind because FEINSTEIN. education and energy and health care; The PRESIDING OFFICER. Without their core assets, such as the value of investments that will bring down the objection, it is so ordered. their home, are diminishing. cost of health care for many American Every day this economic crisis families who are struggling today, not f deepens and claims more victims. Fam- to mention those who have no health SUPPORTING THE ECONOMIC ilies who have worked so hard for so protection whatsoever. RECOVERY BILL many years are finding it difficult to He also calls on us to stabilize and maintain even the most basic stand- Mr. DURBIN. Mr. President, I want repair our financial system on which ards of the middle class. This is the to follow on the comments of my friend we all depend. I think we know what worst economic time our Nation has from New Hampshire, Senator GREGG. we are talking about. When a man seen since the Great Depression 75 Although he and I may disagree on named Bernard Madoff can, over the years ago. We can observe it, lament it, some political issues, and we do, the span of 10 or 20 years, lure investors give our speeches about it or we can do fact is, many of the things he just said into what has turned out to be a Ponzi something. This morning, President- I agree with completely. I think there scheme, causing many of them to lose elect Barack Obama, my former Illi- is a sense among Members of Congress millions of dollars, and his wrongdoing nois Senate colleague, gave a speech at that we are facing an extraordinary set goes unnoticed by major regulatory George Mason University, right outside of circumstances in America today. agencies such as the Securities and Ex- Washington, DC, in Fairfax, VA. He The Presiding Officer, from the State change Commission, it is clear more talked about what we are facing and of Michigan, probably has endured has to be done. more economic bad news than almost what we need to do about it. He said: When the ratings agencies, major any of us. If I am not mistaken, one . . . equally certain are the consequences ratings agencies that set the standards out of every eight people in his State is of doing little or nothing at all, for that will for whether a company is doing well currently on food stamps, and it is an lead to an even greater deficit of jobs, in- comes, and confidence in the economy. basically ignore their responsibility indication of how his economy is strug- President-elect Obama said: and fail to make accurate reports, ev- gling. eryone loses as a result of it. With regard to the economies of some That is why we need to act boldly and act President-elect Obama said in closing now to reverse these cycles. That’s why we of the other States, when you look need to put money in the pockets of the today: across the United States, the headlines American people, create new jobs, and invest It is time to set a new course for this econ- are sobering. We have been told repeat- in our future. That’s why we need to restart omy, and that change must begin now. We edly about the loss of jobs. Look at the flow of credit and restore the rules of the should have an open and honest discussion some of the most recent headlines: road that will ensure a crisis like this never about this recovery plan in the days ahead, DHL cuts 9,500 U.S. jobs; Chrysler to happens again. but I urge Congress to move as quickly as lay off 2,400 in Fenton, MO; AT&T an- That work begins with a plan, a plan possible on behalf of the American people. For every day we wait or point fingers or nouncing job cuts; Sprint losing jobs; that he says he is confident ‘‘will save drag our feet, more Americans will lose their Stanley Works, GM, Office Depot—the or create at least 3 million jobs over jobs. More families will lose their savings. list goes on and on. the next few years.’’ He talks about the More dreams will be deferred and denied. The fact is, yesterday 22,000 Ameri- priorities we need to invest in, such as And our Nation will sink deeper into a crisis cans lost their jobs. If the latest pro- energy and education, health care and that, at some point, we may not be able to jections are true, 22,000 more Ameri- new infrastructure, that are necessary reverse. cans will lose their jobs today, and to keep us strong and competitive in I hope what I am about to say is a re- 22,000 more Americans will lose their the 21st century. minder to all of us of the responsibility

VerDate Nov 24 2008 02:26 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G08JA6.007 S08JAPT1 rfrederick on PROD1PC67 with SENATE January 8, 2009 CONGRESSIONAL RECORD — SENATE S187 we face in this new session. We are all States are cutting or proposing to cut Mr. TESTER. Mr. President, I join concerned about the size of the eco- K through 12 and early childhood edu- the Democratic whip in his comments. nomic stimulus plan. Eight years ago, cation. The list goes on and on. I think it is critically important that the Federal Government was actually I see my colleague from Montana, we work together in these economic running a budget surplus. Today we es- and I will be happy to take the chair so times to solve the problems this coun- timate a budget deficit, by the end of he can continue his remarks, if nec- try faces. We don’t have problems as the year, of $1 trillion. That deficit is a essary, but the last point I will make is Democrats or Republicans with the reflection of poor choices that have that the mortgage foreclosure crisis is economy, we all have problems with been made at many levels of Govern- at the core of our problems in America. the economy, and I think the American ment, but we cannot let the bad We cannot come to grips with a rebirth people are looking forward to us work- choices in the past prevent us from of the American economy without deal- ing together for solutions to our eco- making the wise choices we have to ing with the mortgage foreclosure cri- nomic mess. make now to end this economic crisis. sis. It is a crisis that, as I mentioned f earlier, hurts the families losing their It is interesting that economists ORDER FOR RECESS from all across the political spectrum homes and those living in the neighbor- Mr. DURBIN. Mr. President, I ask have come to the same conclusion hoods and towns around them. We are unanimous consent that at 12:45 p.m. about what America needs. Nobel all in this together. What we need to do today, the Senate stand in recess sub- Prize-winning economist Paul is work with major financial institu- tions to renegotiate these mortgages so ject to the call of the Chair. Krugman, who is put in the category of The PRESIDING OFFICER. Without liberal or Democrat, said recently: people who still have a job and can make a reasonable mortgage payment objection, it is so ordered. It is much better, in a depressed economy, The Senator from Montana. to err on the side of too much stimulus than can stay in their homes. f on the side of too little. I got off the phone with one of the major bankers in the city of Chicago, a MONTANA NATIONAL GUARD He publicly wondered whether three- friend of mine. He said: We get it. We quarters of a trillion dollars is enough. are going to have to do things much Mr. TESTER. Mr. President, as we Martin Feldstein, President Reagan’s more boldly to deal with mortgage begin this new year and this new Con- chief economic adviser, said: foreclosure. The programs we put to- gress, I would like to ask the Senate to stop and reflect on the service of the Without action, the economy will continue gether, the voluntary programs, have men and women of our military. Every to decline rapidly. not worked, they have not touched day, hundreds of thousands of men and Mark Zandi, who advised Senator enough people. More and more homes women in all branches of our military MCCAIN during his campaign, said: are facing foreclosure, more people are are performing jobs that place them in heading to bankruptcy, and that has to My advice is, err on the side of too big a harm’s way and at the tip of the spear. package rather than too little. come to an end. The housing industry, In particular, I would like to thank All the great minds, economic think- much like the automobile industry, is the 229 men and women of the Montana ers, are coming to the same conclusion: one of the staples of our economy and National Guard who have deployed or We need to act, act decisively, and act we have to deal with putting it back on will be deploying this month. boldly. But we need to act responsibly track. Just in the past week, 46 airmen from too. We do not have a day to waste, but Last month, Credit Suisse estimated the Montana Air National Guard secu- we do not have a taxpayer dollar to 8.1 million homes were likely to be lost rity forces left the sub-zero tempera- waste either. We have to make sure the to foreclosure by 2012. If the economy tures in Montana for training at Fort dollars are well spent, not in the cre- continues to worsen, they believe fore- Bliss, TX. From there, they will head ation of Government agencies but in closures will exceed 10 million homes. to Kyrgyzstan. We are going to have to come up with the creation of good-paying jobs right Another 120 soldiers of the Montana the money to turn this economy here in America; not in investments in National Guard’s 639th Quartermaster around. It will mean more debt in the bureaucracy but investments in our Battalion left Helena for Fort Lewis, short term but, if the economy starts economy that will help our Nation WA before they leave for Iraq. moving forward again, it, frankly, is grow in the years to come. And later this month, 63 soldiers the only thing that we can look to in We need to include smart spending from our 189th Aviation Battalion will the long term for America’s future. I and targeted tax cuts for the middle go to Fort Sill to prepare for a tour in urge my colleagues in the Senate, class so they can cope with the chal- Iraq. Democrats and Republicans, to try to lenges, the economic challenges they We feel a great deal of pride when find a common ground where we can sending our strongest and most dedi- face. We have to make sure the money work together. that is spent by Congress is spent re- cated Montanans overseas. We feel a Just a day or two ago, President- great deal of hope too. sponsibly so we do not end up with em- elect Obama came up to meet with barrassing earmark projects that have Leaving Montana to answer the call Democrats and Republicans, House and of duty isn’t just another assignment. not been subjected to public scrutiny Senate leaders, just a few steps from It is a symbol of commitment and and review in advance. We need to this Senate floor. There was a con- courage. We will always appreciate make sure programs are authorized and versation about ideas. I know him pret- their service, their hard work, and funds are pumped quickly into the ty well, having served with him, and I their willingness to protect Montana economy but in an efficient way. have been his friend for a number of and America. We need to invest in jobs for Amer- years. I know he was genuine and sin- They say Montana is just a small ican workers. States have identified al- cere when he turned to one of the Re- town with a lot of long streets, and most $18 billion in road and bridge publican leaders and said: If you have a that means that when 229 guardsmen projects ready to launch within 90 better idea, I want to hear it. I want an deploy overseas, it impacts a great deal days. Every $1 billion of Federal funds opportunity to bring in all ideas, of the State. can create up to 35,000 private sector, Democratic and Republican, so we can Businesses lose talented members of good-paying American jobs and gen- come up with the best package to serve their workforce. Cities and towns lose erate $6.2 billion in economic activity. the American people. It is not about cops, firefighters, doctors and other There is a lot of work to do. Our one political party taking credit. Let’s professionals in the community. States are struggling. They don’t have take credit as a Congress and as an ad- And most important of all, families the money to keep the safety net ministration in turning this economy have an empty seat at the dinner table. Americans will need as the economy around. Family schedules get changed. Mothers weakens. They cannot help colleges We are going to have that chance, to and fathers become single parents for a and universities that need a helping stabilize our economy and to rebuild it little while. hand. Nineteen States are considering in the future. I look forward to work- Americans will never forget the sac- cutbacks in basic health care; 18 States ing on a bipartisan basis to achieve rifices National Guard families make are cutting services for the elderly; 20 that. at home.

VerDate Nov 24 2008 00:14 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G08JA6.009 S08JAPT1 rfrederick on PROD1PC67 with SENATE S188 CONGRESSIONAL RECORD — SENATE January 8, 2009 Sharla and I join all Montanans in rocket range. These innocent civilians We all want peace in Gaza and hope sending our thoughts and prayers to have been forced to live constantly it can come very soon. But peace can- these men and women as they complete under the threat of mass casualties. No not be achieved so long as Hamas con- their mission. nation—no nation—should have to wait tinues its missile attacks. If a just and As Montana’s only member of the for the death toll to rise enough before lasting cease-fire is to occur, it is in- Veterans Affairs Committee, I look for- it can act. No nation needs to wait cumbent upon Hamas to immediately ward to working to serve them as hon- until enough schoolchildren have fallen and permanently halt all attacks ored veterans when they all come victim to a rocket attack before it against the Israeli people. home. stops rockets from falling on its cities. I rise today to express unwavering I yield the floor. I suggest the ab- The launching of rockets and mortar commitment to the welfare, security, sence of a quorum. fire is an invasion of Israel’s sovereign and survival of the state of Israel as a The PRESIDING OFFICER (Mr. DUR- territory. It is no different from drop- Jewish and democratic state. That is BIN). The clerk will call the roll. ping bombs out of airplanes. It is no what the resolution before us affirms. The assistant legislative clerk pro- different from any other act of war. As the resolution states, the ultimate ceeded to call the roll. There is no question that Israel has a goal of the United States is a ‘‘sustain- f right and an obligation to defend its able resolution of the Israeli-Pales- tinian conflict, that will allow for a SUPPORT FOR ISRAEL people. We mourn the loss of all innocent viable and independent Palestinian Mr. MENENDEZ. Mr. President, a life, and the death of Palestinian civil- state, living side by side in peace and few days ago, we all counted down the ians as a result of this conflict is trag- security with the State of Israel.’’ This final seconds of 2008. In Israel they had ic. There are a great many Palestinians will not be possible as long as Israeli something else to count all through in Gaza and the West Bank who com- civilians are under threat from rock- last year. From January until Decem- pletely reject the Hamas ideology. ets. As this resolution correctly lays ber of 2008, a terrorist group launched They want to live in peace and build out, Hamas must end the rocket and more than 3,262 rockets and mortar the Palestinian state for themselves mortar attacks against Israel, recog- shells into Israeli cities. These were de- and for their children. They are, how- nize Israel’s right to exist, renounce vi- liberate acts of violence, provocation, ever, Hamas hostages. Hamas has hi- olence, and agree to accept previous and murder. The group responsible was jacked Gaza, not to build a state in agreements between Israel and the Pal- Hamas. Hamas is a terrorist organiza- which you can live in peace and pros- estinians. tion founded on one principal goal: de- perity but to use it as a base to launch Today, the Senate must stand in sup- stroying the state of Israel. Its charter attacks against innocent civilians in port of the state of Israel, stand in sup- says there is no value to international Israel. port of its right to defend itself against conferences, political initiatives, or Let us remember it was Hamas that terrorists, stand in support of its right dialogue. It says there is only one ap- chose to end the cease-fire, Hamas that to exist. Having said all of this, of proach to the political situation in the chose to fire a continuous barrage of course, we urge Israel as it defends its Middle East, and that is jihad. rockets. To date, it is Hamas that de- sovereignty and its people to use every So it was no surprise when the ter- liberately uses civilians as human option it can to limit the loss of inno- rorist group Hamas staged an illegal shields and launches its attacks from cent lives. So let us vote for a resolu- coup against the forces of President heavily populated civilian areas, put- tion that demonstrates our commit- Mahmoud Abbas, the legitimate Presi- ting them at risk. It is Hamas that has ment to one of the strongest allies the dent of the Palestinian people. It was spent its money on rockets rather than United States of America has in the no surprise that Hamas rejected Egyp- on food for the hungry. It is Hamas world, and let us do all we can to make tian and Arabian calls for an extension that would rather focus on the rhetoric it a peaceful 2009. of the cease-fire Egypt had negotiated. that calls for the destruction of the I yield the floor and suggest the ab- It was no surprise that when Israel State of Israel than on relief for its sence of a quorum. voluntarily and unilaterally disman- own people. The PRESIDING OFFICER (Mr. tled settlements and withdrew from Israel and the United States have TESTER.) The clerk will call the roll. Gaza in 2005 that Hamas saw this not proven their commitment to helping The assistant legislative clerk pro- as an opportunity to build peace but to innocent civilians in Gaza. In stark ceeded to call the roll. Mr. LEAHY. Mr. President, I ask instigate war, to continue to terrorize contrast to the terrorist group of unanimous consent that the order for and kill Israelis in their places of wor- Hamas, Israel has taken significant the quorum call be rescinded. ship, their schools, and their homes. steps to prevent civilian casualties. Since that year, Hamas terrorists The PRESIDING OFFICER. Without They give warnings of impending at- objection, it is so ordered. have used Gaza to fire more than 6,300 tacks, they drop leaflets, and make mortars and rockets into Israel, reach- phone calls to targeted areas to warn f ing major cities, and pushing ever clos- the citizens they are in danger, even if RECESS FOR JOINT SESSION OF er to the capital. that means losing the element of sur- THE TWO HOUSES No country would be expected to sit prise and putting the lives of their own The PRESIDING OFFICER. Under on its hands and simply allow its citi- soldiers at risk. the previous order, the Senate stands zens to endure these kinds of vicious Israel and the United States have ac- in recess subject to the call of the attacks without taking action to stop tively provided humanitarian assist- Chair. the responsible party. If I am sitting in ance to Gaza. Since December 26, 10,000 Thereupon, the Senate, at 12:46 p.m., New Jersey, and rockets are landing tons of humanitarian aid have been de- recessed subject to the call of the around my house, near my children, livered to Gaza in coordination with Chair, to reassemble in the Hall of the and near our schools, my No. 1 goal, Israel, the Palestinian Authority, House of Representatives for a joint my immediate goal, is to stop the rock- international organizations, and var- session, and at 2:30 p.m. reassembled in ets. So in December of 2008, Israel sent ious other donors. the Senate Chamber when called to its military to Gaza to achieve a direct The United States Government, order by the Presiding Officer (Mr. goal: stop the rockets. through the U.S. Agency for Inter- NELSON of Nebraska). And now we all hope strongly that national Development, is continuing to The PRESIDING OFFICER. The Re- this goal can be achieved as quickly as deliver humanitarian supplies to the publican whip is recognized. possible. But we recognize it must be people of Gaza. The United States has f pursued if Israel is to have the sov- provided medical and food supplies to ereign right to protect itself and its health care facilities. We support the SUPPORT FOR ISRAEL citizens. Israel’s acts to stop the UN, the International Committee of Mr. KYL. Mr. President, I would like Hamas rocket attacks are a response to the Red Cross, and other nongovern- to speak to two subjects. The first the daily risk of death faced by the mental organizations as they continue deals with a resolution the Senate 900,000 Israeli citizens who live within their relief efforts. unanimously adopted this morning.

VerDate Nov 24 2008 02:26 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A08JA6.009 S08JAPT1 rfrederick on PROD1PC67 with SENATE January 8, 2009 CONGRESSIONAL RECORD — SENATE S189 Mr. President, today the Senate ap- This resolution expresses strong sup- somewhere, and it either comes from proved a resolution recognizing the port for Israel. It reminds us all why taxpayers directly in the form of in- right of Israel to defend itself against Israel was forced to act. It makes the creased taxes or it is borrowed and the terrorist attacks from Gaza and re- point that there is no equivalency be- taxpayers eventually have to pay that affirming the United States’ strong tween the action of the Israelis and the back with interest. The interest cost, support for Israel in its battle with terrorist action of Hamas, which delib- by the way, is expected to be well over Hamas. erately seeks to harm civilians. Fi- $300 billion. So, as a result, we have to The first thing the resolution does is nally, it speaks to the question of a be very careful that we do more good remind people why the State of Israel cease-fire, noting that the position of than harm by taking this money away had to act. the United States is correctly that a from American taxpayers. The first Israel has had to endure more than cease-fire could only be supported if it test obviously is, will it work? Will it 6,300 rocket and mortar attacks on its is durable and sustainable; in other stimulate economic growth? That is citizens since it fully withdrew from words, it ensures that the conditions the test that Larry Summers, an ad- Gaza in 2005. In fact, the town of that created the controversy today are viser to the President-elect, has stated. Sderot, which is about 3 miles from the not simply repeated another 6 months In fact, he said, and I am paraphrasing, border of Gaza, has been suffering for from now when the Hamas terrorists that investments will be chosen strate- over 8 years from these attacks. have had an opportunity to rearm. gically on the basis of which will do Is there any doubt that if the United I am pleased the Senate has spoken the most to spur the economy. So if we States were suffering an attack from in such a timely fashion on this impor- have tried something before, and it has just across the border similar to what tant issue. I commend my colleagues not worked, it is a good sign that prob- Israel is facing, that we wouldn’t react for supporting the resolution. ably we should not do that. to stop that from happening? I think The reason I say that is we had a there is no question that we would act f stimulus already: the so-called tax re- to stop this terrorism, and this resolu- ECONOMIC STIMULUS bate. We spent $150 billion on it. The tion expresses the United States’ sup- Mr. KYL. Mr. President, the presi- facts are now in. It did not work; it did port of Israel’s right to defend itself. dent-elect spoke to the stimulus pack- not stimulate the economy. In fact, The second point the resolution age today. The Finance Committee had only about 12 percent of the money makes is that there is no equivalency an informal meeting today to discuss turns out to have been spent. The les- between the terrorist actions of Hamas the proposition. Its outlines are still son to be learned in a situation like and the defensive actions of Israel. quite vague. There is no specificity to this is, if you have tried something be- Israel conducts its military operations what precisely will go into the stim- fore and it has not worked, then do not to spare innocent life. It has specifi- ulus package, but there are some gen- repeat it because it is throwing good cally targeted Hamas command cen- eral concepts emerging. money after bad. ters, security installations, rocket- So what I wanted to do today, very The reason it did not work is because launching sites, weapons stockpiles, briefly, is to outline what I think when people get a one-time windfall, and weapons smuggling tunnels. It has would be some sensible tests to evalu- they tend to save it or to pay bills with tried very hard to avoid civilian cas- ate what is being proposed, and what it it. They spend it if they believe that it ualties. Hamas, on the other hand, de- may reveal is that some ideas would is a permanent part of their income liberately and maliciously fires rockets not meet these tests and should not be forever, more so if it is going to relate into civilian areas from civilian areas, part of a stimulus package. Others to their taxes, we need to ensure that thereby making it more difficult for would meet the tests and would help to they know that they are going to have Israel to target the terrorists and in- resolve the economic crisis that faces permanent tax relief. If it is simply creasing the likelihood of civilian cas- America today. something they believe they are going ualties when Israel does take action. I think the context we put this in is to have for a year or two, chances are Finally, this resolution speaks to one in which we have already had some they are not going to spend it. It is not calls for a cease-fire. Many voices in bailouts, and Americans are a little going to do any good. the international community have Another test is, would Government suspicious that some of the money we been heard pleading for an immediate action be better in the private sector have committed to these bailouts is cease-fire, although I think it is in- or the Government sector? We know in going to help—the $200 billion bailout structive that one never hears those America it is small business and some to Fannie Mae and Freddie Mac, the voices condemning rocket attacks by big business. It is our free enterprise Hamas terrorists. $150 billion bailout of AIG, the insur- system that creates jobs, that creates I believe the path to a halt in the vio- ance company, the $700 billion Trou- economic growth. The Government lence is clear. A cease-fire is appro- bled Asset Relief Program, the recent cannot create economic growth. priate if, and when, it is durable and $17.4 billion auto bailout, and, by the In fact, when the Government gets sustainable. A precipitous cease-fire, way, the announcement yesterday was involved, there is more potential to do on the other hand, that would allow that for the first time in the history of harm than good. We can tax them, we Hamas to rearm and rebuild its support the world the budget deficit of a coun- can regulate them. Usually, it does not in Gaza is not acceptable. Hamas can- try—namely, the United States of do them any good. Sometimes you can not be given a cease-fire that only America—will top $1 trillion. That is do things to help business. Usually, serves to provide it breathing room to over 8 percent of our gross domestic you do it in a way that helps with their regroup and then start firing its rock- product. tax burden. There are some good ideas ets and missiles again. A friend of mine reminded me that I have heard discussed that would, By adopting this resolution, we have today—I think it is an interesting bit by making it more tax friendly to in- said to the Israeli people: ‘‘We stand of trivia—$1 trillion is more money vest in certain kinds of equipment, for with you, and we support you in de- than all the cash in circulation in the example, or to hire more people, if we fending yourselves against terrorists.’’ world today of the United States of knew that would stimulate an eco- In short, the resolution expresses America. All the dollar bills, the ten- nomic activity, that those kind of ac- strong support for the defense of Israel dollar bills, the hundred-dollar bills, tivities would be very useful. by its military action today in the and all of the quarters, nickles, and all But frequently when we spend Gov- Gaza Strip, the fact that it has been re- of the other cash of the United States ernment money, in this case, for exam- peatedly attacked by Hamas terrorists does not equal $1 trillion, and that is ple, potentially creating 600,000 new from the Gaza Strip, and finally de- how much the deficit is going to be for Government jobs, remember we are cided that the only way to stop those just this current year. That is a lot of taking that money out of the private attacks on its citizens was to go into money. sector, and it is likely to do less good Gaza and try to remove the weapons In that context, we have to be very in the public sector than it would if we and the launching sites and to try to careful about how we spend another $1 left it in the private sector. arrest the terrorists who were involved trillion or thereabouts to stimulate the In fact, a couple of economists with in the launching of those rockets. economy. The money comes from whom we spoke yesterday noted that

VerDate Nov 24 2008 02:26 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A08JA6.008 S08JAPT1 rfrederick on PROD1PC67 with SENATE S190 CONGRESSIONAL RECORD — SENATE January 8, 2009 even in a recession business gets a 4 to So those are activities that are need- engage this debate in the future—we 5 percent return on its investment. The ed, are worthwhile, are job creating, will have plenty of time to talk about real test should be, if the money is and clearly would help our country, po- it, debate it, think about it, to analyze spent in the Government sector, will tentially being much more worthwhile it and I am not suggesting we try to we get at least that return on the in- than, like I say, a mob museum or slow-walk it, but in trying to move vestment that we are making? If we do some kind of snowmaking equipment. quickly we nevertheless take the time not, we should leave that money in the Then, finally, I think there is one to perform the kind of analysis I have private sector so the private sector can final test that we might talk about. In talked about. get that return on that investment and view of the huge deficit we have, I yield the floor, and I suggest the ab- therefore generate more economic ac- should we make the deficit worse? This sence of a quorum. tivity in our private enterprise system. is a cost-benefit analysis. This is clear- The PRESIDING OFFICER. The Another question is whether the new ly going to be added to the deficit. So clerk will call the roll. Government spending replaces State the question is, How much more deficit The assistant legislative clerk pro- and local spending. My understanding can we pile on without having adverse ceeded to call the roll. is there is a big chunk of money to go consequences in the immediate and Mr. CHAMBLISS. I ask unanimous to State and local governments. Now long-term? We might stimulate the consent that the order for the quorum they have gotten themselves into a economy over the next 3 or 4 months, call be rescinded. pickle because a lot of them have big but if we are creating a huge hole to The PRESIDING OFFICER. Without budget deficits this year. They are dig out of 3 or 4 years from now, we objection, it is so ordered. going to constrict what they spend have to ask, Is it really going to be f money on as well or they are going to worth it. GRIFFIN BELL have to raise taxes or fees or find some So when we evaluate the different other way to balance their budgets. proposals, we have to ask whether it is Mr. CHAMBLISS. Mr. President, I But they obviously would like for the going to be worth it to have this large rise to pay tribute to a long-time, good Federal Government to bail them out. a deficit, twice the $1.2 trillion of this friend and a great Georgian, Griffin Well, obviously before the Federal Gov- coming year. One thought in this re- Bell, who passed away on Monday of ernment considers doing that, the first gard is this: When we lower tax rates, this week. Judge Griffin Bell was a na- question is, Are you going to correct we know it helps people. It helps small tive of America’s Georgia. He was a what has created the deficiency in the business create jobs. That is what you distinguished lawyer in our State since first place or are we simply going to do in a recession. You try to help peo- 1947, when he passed the Georgia bar save your bacon then you do not have ple by letting them keep more of their after completing just four quarters of to do anything to change your ways. money so they can spend it and help study in his beloved Mercer Law Are you going to reduce your spending? get us out of the recession. School in Macon, GA. Upon graduation For example, are you going to spend Permanent tax cuts are the way to the following year, he entered private the money anyway? do that. The permanent tax cut obvi- practice in Savannah. Appointed by People are talking about shovel- ously may or may not reduce revenue President John Kennedy to the Fifth ready projects. There are a lot of shov- to the Treasury. The right kind of tax Circuit Court of Appeals, Attorney el-ready projects at the State level for cuts can actually produce more rev- General of the United States under roads or highways or whatever, and enue to the Treasury, but increased President Jimmy Carter, and as an at- they are called shovel-ready because spending, there is no way around it, torney for President George H.W. Bush, the State is prepared to do them. Well, loses money to the Treasury. It puts Judge Bell has left an extraordinary if the State is going to do them any- you in a deeper hole. So as between the legacy of courage, integrity, wisdom, way, then clearly the Federal Govern- potential relief from taxes, leaving and, yes, humor to our Nation and to ment paying for it is not going to cre- more money in the private sector, my State. ate any new jobs. It is not going to which is eventually going to create the In one of the press reports this week, stimulate economic growth in any way, jobs to get us out of the recession, or upon Judge Bell’s death at the age of even though it might produce a new having the Government spend more 90, one of his law partners, Richard bridge or a new highway that is useful money and creating a larger deficit Schneider at the distinguished Atlanta to the people in that State. So since that way, it is a test that I think we firm of King & Spalding, where Judge our goal is to stimulate new economic need to be very clear about, from my Bell practiced before and after his serv- activity, we must ask whether the mind. ice on the Federal bench and as Attor- spending will really create new eco- While I am willing to help do things ney General, said: nomic activity or merely replace some- to stimulate economic activity in the No novelist, not even Dickens or John Ir- thing at the State level that would short term, I am not willing to ignore ving, could have created a more memorable occur anyway. long-term consequences of a deficit the character than Judge Bell. He took the role The penultimate question is, Is it size that would be created by the kind of being a lawyer and transformed it into a worth doing? We have to ask the tax- of spending we are talking about. legend. It is remarkable that every man and If we apply the right kind of tests— woman who spent even a brief period with payers from whom we are getting Judge Bell would cling to him and claim him money whether an investment is worth and they are sensible. They are not Re- as their hero forever. That is how legends are undertaking at all. For example, one of publican or Democratic tests; they are made and legends last forever. That will be the things that would be on an infra- obviously tests that any prudent per- the case with the great Griffin Bell. structure to-do list was a mob museum son would ask before spending this I ask unanimous consent that the ar- in Las Vegas; there was a snowmaking kind of money—I think that will help ticle from the Newnan Times-Herald, venture in Minnesota. Are these the us better evaluate the kind of eco- in which the Schneider comments ap- kind of investments that American nomic stimulus package we can actu- pear, be printed in the RECORD. taxpayers believe are warranted under ally support in the Senate. It will be There being no objection, the mate- any circumstances? the kind of analysis our taxpaying con- rial was ordered to be printed in the There are a lot of investments the stituents expect of us when, in view of RECORD, as follows: Federal Government can make that are all of the other things that have been worthwhile. For example, clearly we done to bail out various aspects of our [From the Newnan Times-Herald] have used a lot of military equipment economy, with the kind of trillion-dol- HEAVEN IS GREATER WITH THE ARRIVAL OF GRIFFIN BELL that needs to be replaced. There are lar-plus deficit we are looking at, they good jobs throughout this country pro- want us to engage in, they want us to Georgia is saying goodbye to one of our ducing military equipment. We need to state’s most distinguished citizens. Griffin B. be prudent. Bell, lawyer, judge, U.S. attorney general add personnel to our military. I think They have had their fill of wasteful and confidante to presidents, governors and there is a general consensus to do that. Washington spending. They want us to many others, died Monday. A public grave- That will cost money. That will obvi- be very careful about what we do with side service will be 11 a.m. today in Amer- ously create jobs. their money in the future. I hope as we icus, where he was born. A public memorial

VerDate Nov 24 2008 00:14 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G08JA6.014 S08JAPT1 rfrederick on PROD1PC67 with SENATE January 8, 2009 CONGRESSIONAL RECORD — SENATE S191 service will be 11 a.m. Friday at Second dent nominated Judge Bell to a posi- had burned on his ‘march to the sea’ ’’ (Mur- Ponce de Leon Baptist Church in Atlanta. tion on the Fifth Circuit Court of Ap- phy 1999, 29). In 1952, he left Savannah to be- When we think of Griffin Bell, some of the peals. To quote from his excellent biog- come a named partner of Matthews, Owens and Maddox, a law firm located in Rome, words that come to mind are distinguished, raphy provided by King & Spalding: integrity, professionalism, charm, states- Georgia. But he only stayed in Rome for a man, enduring. In reading some of the news Judge Bell was unquestionably one of the ‘‘spell,’’ leaving just one year later to join accounts reacting to his death, we heard court’s strongest civil rights enforcers. He the prestigious Atlanta law firm of King and words that help define this Georgia giant. fervently believed in the rule of law and had Spalding (formerly known as Spalding, Sib- Said his grandson Griffin Bell III: ‘‘He was little patience for segregationist-minded ley, Troutman and Kelly). Upon arriving at ready to go. We are just blessed to have him government officials seeking to evade or King and Spalding, he immediately ‘‘began so long. He’s a great man, a great grand- defy court orders to deny African Americans to lead the firm toward a more involved role father. We’re going to miss him—everything their civil rights. In United States v Barnett in government affairs’’ (Murphy 1999, 40). In was checked off his list. . . . He was still . . . Judge Bell voted with the majority of 1958, after just five years, he became the running the show until very recently . . . If the court in ordering the University of Mis- firm’s managing partner and one year later he had another six months, he’d still knock sissippi to admit James Meredith as a stu- was named chief of staff to S. Ernest off four or five major projects.’’ dent and enjoined the governor from inter- Vandiver, the newly elected governor of Arlington Christian School fering with his admission. Georgia. As chief of staff, Bell was the archi- Said law partner Bob Steed: ‘‘If he took a I ask unanimous consent that the tect of the Sibley Commission, a blue ribbon panel designed to conduct hearings through- position, he’d take it strongly and defend it. firm’s biography of Judge Bell be print- But if someone improved it, he was willing out the state ‘‘for the purpose of educating ed in the RECORD. segregationists on the inevitability of public to give way. His ego didn’t get involved with There being no objection, the mate- school desegregation’’ (Patterson 1977). The his choices. . . . He was sharp to the very commission is universally credited with end. He told his son that there must be a rial was ordered to be printed in the being the vehicle that saved Georgia’s public committee in heaven in charge of dying, be- RECORD, as follows: school system. cause it was taking so long.’’ BELL, GRIFFIN (1918—) In 1960, Bell was asked to cochair Sen. Former Mercer University Chancellor R. The shadow of Griffin Bell looms large John F. Kennedy’s presidential campaign in Kirby Godsey said, ‘‘Griffin Bell was more across the landscape of jurisprudence in the Georgia. He agreed to do so ‘‘before it was by than an outstanding statesman or a great United States. Over the course of his distin- any means certain a Catholic and a ‘liberal’ American; he stood as a first citizen of the guished fifty-five-year legal career, Bell has on civil rights could carry that state’’ (Pat- world whose voice and insights will shape compiled an impressive list of achievements, terson 1977). In one of their first meetings, human history for decades to come.’’ serving as the managing partner of Atlanta’s Kennedy asked Bell whether he would be em- ‘‘No novelist—not even Dickens or John Ir- premier law firm, the chief of staff to the barrassed to campaign on behalf of a Catho- ving—could have created a more memorable governor of Georgia, the U.S. attorney gen- lic. Bell replied, ‘‘Not at all. But I am embar- character than Judge Bell,’’ said law partner eral, legal adviser to three U.S. presidents, rassed for our country that you would think Richard N. Schneider. He took the role of the ‘‘lawyer of last resort for some of the na- to ask me that question’’ (Murphy 1999, 71). being a lawyer and transformed it into leg- tion’s largest corporations,’’ and, for over In the end, Kennedy won the election and end. . . . It is remarkable that every man fourteen years, an influential federal appel- carried Georgia by a larger margin than in and woman who spent even a brief period late judge. any other state. Afterward, Robert Kennedy, with Judge Bell would cling to him and Griffin Boyette Bell was born on 31 October the president’s brother and new U.S. attor- claim him as their hero forever. That’s how 1918 in Americus, Georgia, to Adlai Cleveland ney general, contacted Bell to inquire as to legends are made, and legends last forever— Bell, a cotton farmer, and Thelma Leola whether he was interested in a position or and that will be the case with the great Grif- Pilcher Bell. A. C. Bell laid the foundation appointment with the federal government. fin Bell.’’ for his son’s future career in law and politics Bell told him it was his understanding that And finally, from former prosecutor and at an early age, taking the youngster to nu- two judgeships might open up on the United now CNN personality Nancy Grace: merous campaign rallies and trials at the States Court of Appeals for the Fifth Circuit, ‘‘I have known many, many judges during local courthouse. Fortunately, the boy’s in- at that time the nation’s largest federal ap- my legal career. Judge Bell, without a doubt, tellect was more than sufficient to meet his pellate court, and that he would certainly be was the most honorable of them all . . . He father’s ambitions for him. He was extremely interested in being considered for one of will be missed sorely, but, as of this moment, intelligent, graduating from Americus High them. President Kennedy gladly obliged, heaven has become even greater.’’ School at the age of fifteen. Bell then at- nominating the forty-two-year-old Bell for a Mr. CHAMBLISS. In two short weeks tended Georgia Southwestern College and judgeship on the Fifth Circuit on 6 October President-elect Obama will be inaugu- worked as a Firestone salesman before being 1961. But instead of waiting for the Senate to drafted by the army in 1941. After com- confirm the nomination, Kennedy decided to rated as the 44th President of the make Bell a recess appointment because of pleting Officer Candidate School, he served United States. I am proud of this mo- ‘‘the circuit’s mounting caseload problems’’ as a company commander for more than 500 ment for him and for our Nation. The (Barrow and Walker 1998, 29). The U.S. Sen- soldiers during World War II, eventually at- ate confirmed Bell’s nomination by an over- new President will have my prayers taining the rank of major. Bell credits his whelming margin the following spring. and support. I believe it is appropriate time in the army as the most valuable man- to link in some small way the Presi- Griffin Bell brought a forceful personality agement experience he could have received to the Fifth Circuit. A cross between Mark dent-elect’s great and historic victory for a career in the law. It was also during Twain and John Marshall, Bell was plain to the courage and integrity of Judge this time period that he met his bride-to-be, spoken, witty, charming, politically savvy, Bell. In the 1950s and 1960s across the Mary Powell. The Bells were married for al- and extremely intelligent. He joined the South and across our Nation as a most sixty years before Mary’s passing in court during one of the most turbulent times whole, the country worked to imple- the fall of 2000. Their marriage produced one in our nation’s history. The country was in son, Griffin Jr., and two grandchildren, Grif- the midst of a social revolution, and the ment the landmark case of Brown v. fin III and Katherine. Judge Bell is now mar- Board of Education. While serving as Fifth Circuit—with jurisdiction over the ried to Nancy Kinnebrew Bell. Deep South states of Alabama, Florida, chief of staff to Georgia Governor Er- In 1946, after receiving an honorable dis- Georgia, Louisiana, Mississippi, and Texas— nest Vandiver, Judge Bell provided charge, Griffin Bell took advantage of the was the primary battleground in the struggle counsel to the Sibley Commission. This G.I. Bill by enrolling at Mercer University’s for civil rights. As tensions rose to a boiling blue-ribbon panel held hearings law school in Macon, Georgia. In addition to point, the Fifth Circuit was called upon to throughout Georgia for the purpose of his legal studies, Bell clerked for the law dispense justice and maintain societal order. educating citizens on the inevitability firm of Anderson, Anderson and Walker and Never one to sit on the sidelines, Bell wasted served as the first city attorney of Warner little time entering into the fray and quickly of public school desegregation. In my Robbins, Georgia. In 1947, after just four view, his efforts on this commission became one of the court’s most respected and quarters of study, he passed the Georgia bar influential jurists. As a judge, he unequivo- were an important step down the path on his first attempt. One year later, he grad- cally enforced the civil rights of black Amer- Dr. Martin Luther King, Jr. and others uated from Mercer with honors. Since that icans, served as a bridge between the activist traveled that enabled Atlanta to be- time, Bell has received the Order of the Coif judges of the court and states’ rights advo- come the city and community that it is from Vanderbilt University’s law school and cates, masterfully accommodated the com- today, for Georgia to truly become the honorary degrees from several other colleges peting interests of warring civil rights liti- empire State of the South, and for our and universities. gants to achieve commonsense solutions in Griffin Bell began his legal career with Nation to elect our new President. the most complex of cases, and was a leader Lawton and Cunningham, a historic Savan- in the fight to preserve neighborhood schools After cochairing President Kennedy’s nah law firm that once ‘‘sued the federal on a nonracial basis. successful Georgia campaign during his government to recover the value of the cot- Judge Bell was unquestionably one of the 1960 Presidential election, the Presi- ton that Gen. William Tecumseh Sherman court’s strongest civil rights enforcers. He

VerDate Nov 24 2008 00:14 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A08JA6.007 S08JAPT1 rfrederick on PROD1PC67 with SENATE S192 CONGRESSIONAL RECORD — SENATE January 8, 2009 fervently believed in the rule of law and had More important, the Hinds decision marked and Spalding paid him a visit and asked him little patience for segregationist-minded a turning point for the Fifth Circuit’s deseg- whether he would consider leaving the bench government officials seeking to evade or regation jurisprudence. In the past, if a cir- and rejoining the firm. The offer was tempt- defy court orders or deny blacks their civil cuit panel found fault with a district court’s ing. Bell loved practicing law, and he missed rights. In United States v. Barnett (1963– desegregation order, it would simply reverse working with clients. After a few months, he 1965), Bell voted with the majority of the and remand the case with instructions to de- informed his fellow judges that he had de- court in ordering the University of Mis- velop a new plan. In the meantime, schools cided to resign. They were taken aback by sissippi to admit James Meredith as a stu- would remain segregated. After Hinds, how- his announcement. It was highly unusual for dent, enjoining the governor of the state ever, the status quo during desegregation a federal appellate judge to relinquish a life- from interfering with his admission, and litigation was a desegregated school system. time appointment, and Bell was, at that holding the governor in civil contempt for Judge Bell was the Fifth Circuit’s leading time, only the fourth judge to ever resign attempting to do so. In Evers v. Jackson Mu- critic of using busing as a means of disestab- from the Fifth Circuit. Although his col- nicipal Separate School District (1964), he re- lishing the ‘‘separate but equal’’ school sys- leagues were disappointed by the decision, versed a district court’s dismissal of com- tems of the past. Although Bell strongly be- they were nothing but complimentary of his plaints seeking desegregation of the public lieved in both the legal and moral correct- service to the court. Judge Bryan Simpson school systems of Jackson, Biloxi, and Leake ness of Brown v. Board of Education (1954), summed up their collective sentiment nice- County, Mississippi, eloquently noting that that black children have a fundamental con- ly, noting that Bell ‘‘was a tower of strength, schools are not truly desegregated until ‘‘in- stitutional right to attend school with white and I think his strength has been that he’s hibitions, legal and otherwise, serving to en- children and receive the same quality of edu- been a balance wheel. He always took the force segregation have been removed . . . cation, he did not favor integration—that is, center ground, and he can draw people from [and black children] are ‘afforded a reason- busing children several hours across town to either side when we get in these real tough able and conscious opportunity to apply for achieve ‘‘a racial ratio [in each school] that fights’’ (Murphy 1999, 140). admission to any schools for which they are reflected the total school population in the When Griffin Bell decided to step down eligible without regard to their race or color, geographic entity’’ (Murphy 1999, 129). In his from the bench, he thought his career as full- and to have that choice fairly considered by opinion, busing had nothing to do with equal time public servant was over. But eleven the enrolling authorities.’ ’’ In United States protection and everything to do with social short months later, everything changed. A v. Lynd (1965), he authored an opinion hold- engineering. Bell interpreted Brown as giv- childhood acquaintance, Jimmy Earl Carter, ing a state court clerk in civil contempt for ing black students ‘‘freedom of choice to go had been elected the thirty-ninth president willfully disregarding a court order allowing to schools, primarily in their own neighbor- of the United States and selected Bell to be blacks to register to vote. In Turner v. hoods’’ (129). In this respect, he favored a his U.S. attorney general. Although he had Goolsby (1965–1966), Bell crafted an innova- strict neighborhood-school policy, with a no desire to return to government service, tive desegregation order placing the school majority-to-minority transfer policy that al- Bell’s patriotism was such that he could not system of Taliaferro County, Georgia, into a lowed students to transfer to a school out- refuse a president’s request to serve his receivership after local officials closed down side of their neighborhood so long as the country. His selection, however, created a firestorm of controversy, and several mem- the county’s only white school and secretly transfer did not have the effect of increasing bers from Bell’s own party led the charge to arranged for those children to attend schools the majority of the students’ race at that derail his nomination. After being subjected in adjoining counties. school. If segregated schools still existed One of Judge Bell’s most important en- after the implementation of this policy, Bell to one of the most contentious Senate con- forcement decisions was United States v. advocated pairing nearby schools together as firmation fights in modern history, the Sen- Hinds County School Board (1969), a case in- a means of further ‘‘disestablishing the dual ate Judiciary Committee voted ten to three, volving the development and implementa- school system’’ (101). Although Bell’s argu- with one senator voting present, to rec- tion of desegregation plans in thirty-three ment did not, initially, carry the day, his ommend his confirmation to the full Senate. Mississippi school districts. This case came valiant fight to preserve neighborhood On 25 January 1977, the U.S. Senate voted about after the Supreme Court reversed and schools remains praiseworthy. Many histo- seventy-five to twenty-one to confirm him. remanded a Fifth Circuit order giving the rians lavish praise on the activist members Later that day, Chief Justice Warren E. state additional time to desegregate, holding of the Fifth Circuit for requiring busing, but Burger swore in Bell as the nation’s seventy- ‘‘the continued operation of segregated the real-world consequences of their actions second U.S. attorney general. schools under a standard of allowing ‘all de- have been devastating for public schools. Griffin Bell has been called one of the liberate speed’ for desegregation is no longer Bell believes that the decline of public edu- greatest attorney generals of the twentieth constitutionally permissible’’ (Alexander v. cation in the United States is inextricably century. Under his leadership, the Depart- Holmes County Bd. of Educ. 1969). In an ex- linked to the judiciary’s decision to impose ment of Justice had an active legislative traordinary move, the Court ordered the ‘‘forced integration and mandatory busing’’ agenda on issues such as judicial administra- Fifth Circuit immediately to fashion and im- on the schools: ‘‘Anybody with one eye and tion, criminal justice reform, and intel- plement desegregation plans for each school half sense should have known that busing ligence reform. Bell also helped reshape the district, even though the school year was al- would ruin them. The neighborhood federal judiciary by overseeing the selection ready well under way. Chief Judge John R. strengths were lost’’ (132). of 152 new judges and in the process ap- Brown wasted little time in assigning Bell In addition to his formal participation on pointed more blacks, women, and Hispanics the difficult task of handling the case. the bench, Bell also distinguished himself as to the bench than any other administration Brown’s reasons for doing so were obvious to an expert in the area of judicial administra- had up to that point. His primary achieve- the other members of the court. By that tion, establishing ‘‘many of the Fifth Cir- ment, however, was ‘‘rebuilding the Justice time, Bell had proven himself to be a bril- cuit’s innovative screening and expediting Department as a neutral zone in government liant tactician and a deft negotiator. As the processes’’ (U.S. Senate Committee on the [and] . . . restoring the integrity of the FBI ‘‘man in the middle,’’ he was adroit ‘‘in the Judiciary 1977, 6). He held several leadership and our foreign intelligence agencies in the use of compromise’’ and ‘‘had the ability to roles in this area, serving as the chairman of wake of Watergate’’ (Barry 2000). At the time bring together opposing sides, to find a com- the Federal Judicial Center’s Committee on of Bell’s resignation, in August 1979, Chief mon ground, and reconcile differences’’ (Bar- Innovation and Development (1968–1970), as a Justice Burger remarked that ‘‘[n]o finer row and Walker 1998, 28). A judge who fre- director of the Federal Judicial Center (1973), man has ever occupied the great office of at- quently hunted with Bell claimed that he and as chairman of the American Bar Asso- torney general of the United States or was so persuasive ‘‘[he could] talk the birds ciation’s Commission on Standards of Judi- discharge[d] his duties with greater distinc- out of the trees to sit on his shoulder’’ (28). cial Administration (1976). He also took time tion’’ (Murphy 1999, 302). His colleagues had no doubt that he could from his judicial duties to serve as chairman In the years following his return to King handle this complex and unwieldy case. Bell of the Atlanta Commission on Crime and Ju- and Spalding, Griffin Bell has established did not disappoint. He began by summoning venile Delinquency (1965–1966). himself as one of the country’s premier law- all of the school superintendents to New Or- During his fourteen-plus years on the Fifth yers and most prolific rainmakers, bringing leans for a meeting. According to one wit- Circuit, Judge Bell participated in over 3,000 numerous and profitable clients to the firm. ness, ‘‘He read the riot act to them—He told cases and authored more than 1,000 opinions. Although he handles a variety of complex them they were desegregating next month His reputation as jurist was such that four legal matters, he is nationally recognized for whether they liked it or not’’ (Strasser 1977). separate presidents (Kennedy, Nixon, Carter, his expertise in conducting internal inves- After flashing the ‘‘big stick,’’ Bell turned on and Reagan) had Bell on their short list of tigations of high-profile corporate crime (for his trademark charm. He spent several potential Supreme Court nominees. But as example, E. F. Hutton check-kiting scandal; weeks conferring with civil rights lawyers, the fall of 1975 approached, Bell was restless. Exxon Valdez oil spill; Dow Corning breast school board attorneys, and local officials The intellectually challenging civil rights implant controversy). He has also received a about the details of the respective desegrega- cases had come and gone, and he now spent great deal of media attention for his pro tion plans and the manner in which they the majority of his time dealing with ‘‘a bono representation of Eugene Hasenfus, an would be implemented. This innovative ap- heavy load of criminal and habeas corpus American mercenary shot down in Nicaragua proach ‘‘drew praise from all sides’’ and matters,’’ work that he considered boring while delivering arms to the Contras; serving helped safeguard ‘‘the public’s perception of and dreary (Field Van Tassel 1993, 354). as Pres. George H. W. Bush’s private attor- judicial even-handedness’’ (Bass 1998a, 1505). Around that same time, lawyers from King ney during the Iran-Contra investigation;

VerDate Nov 24 2008 00:42 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A08JA6.001 S08JAPT1 rfrederick on PROD1PC67 with SENATE January 8, 2009 CONGRESSIONAL RECORD — SENATE S193 and guiding the Atlanta Committee for the principal assistant for Judge Bell at ment from the day before. He enforced rules Olympic Games through a congressional in- the Justice Department and a long- such as restricting White House contacts to vestigation into actions taken by committee time friend of his, he said in an article only the highest levels of the department to members during the bidding process. minimize even the appearance of political In addition to his private practice, Judge that also appeared this week in the At- pressures on lesser officials. Bell recently Bell has continued to serve his country in a lanta Journal Constitution: told NPR reporter Nina Totenberg that this variety of leadership roles. In 1980, he led the Bell recently told NPR reporter Nina transparency was the core of restoring public U.S. delegation to the Conference on Secu- Totenberg that his effort to bring about confidence. rity and Cooperation in Europe. He has also transparency during his service at the de- While rigorous about his national security served as cochairman of the Attorney Gen- partment was the core of restoring public responsibilities and proud of the first modern eral’s National Task Force on Violent Crime confidence. successful prosecutions of spies, Bell also (1981); a member of the Secretary of State’s Certainly, it was. persuaded the intelligence community and Advisory Committee on South Africa (1985 to Mr. President, I ask unanimous con- the Congress to trust the judiciary to over- 1987); a director, and then chairman, of the see domestic surveillance by authoring and Ethics Resource Center (1986 to 1991); a mem- sent that Mr. Adamson’s article be passing the Foreign Intelligence Surveil- ber of the Board of Trustees of the Founda- printed in the RECORD. lance Act. He recruited and persuaded Wil- tion for the Commemoration of the United There being no objection, the mate- liam Webster to resign a lifetime appellate States Constitution (1986–1989); vice chair- rial was ordered to be printed in the judgeship to become head of the FBI. man of President Bush’s Commission on Fed- RECORD, as follows: Bell implemented Carter’s campaign eral Ethics Law Reform (1989); a member of pledge to give meaningful roles to minorities the Webster Commission, which, in March [Jan. 7, 2009] and women. African-Americans as solicitor 2002, issued its report on Federal Bureau of HARDWORKING BELL LEAVES A LEGACY TO BE general and the head of the civil rights divi- Investigation (FBI) security programs and APPRECIATED sion were among his first two recruits. At Russian spy Robert Hanssen; and a member (By Terry Adamson) the beginning of the Carter presidency, there of the ad hoc advisory committee established were few minorities and no women judges on Judge Griffin Bell and I were breakfasting by Secretary of Defense Donald Rumsfeld for the federal appeals courts, and few on the in the White House mess in 1991 with my the purpose of developing rules to govern trial courts. It was one of the highest prior- wife, who was then on President George H.W. military tribunals (2002). During the Clinton ities of Carter and Bell, and for the first time Bush’s senior staff. The president heard Bell impeachment process, he was one of nineteen in history, significant percentages of women was there and sent a message to visit in the legal scholars asked to testify before the and minorities became federal trial and ap- Oval Office. It was a visit among friends, and House Judiciary Committee on the historical pellate judges. origins of impeachment. In 1984, Bell re- Bush and his wife, Barbara, at Bell’s invita- As I watched Bell operate over the years, I ceived the Thomas Jefferson Memorial Foun- tion, were soon at Sea Island where they had was amazed not only with the depth of his dation Award for excellence in law, and he not visited since their honeymoon. Rounds of mind, but his laudable ability to absorb and was recently named one of the 100 Georgians golf were played, a return engagement for process the energy and knowledge of the law of the century. Bell followed at Camp David that included clerks, aides, or fellow lawyers around him Judge Bell’s political clout remains consid- golf with Bush and Arnold Palmer, and Bush in order to improve his own. The daily erable. In recent years, this onetime Demo- soon had Bell as his personal lawyer. For breakfast with other Justice officials in the crat has taken to endorsing Republican pres- Griffin Bell, who died Monday at age 90, that Martha Mitchell dining room was nothing idential candidates. He lent his support to was normal. but fodder for his intellect. Vice Pres. George H. W. Bush in 1992, Sen. During his terminal illness, Bell’s doctors Initially labeled by some critics as a Robert Dole in 1996, and Gov. George W. Bush told him to establish a goal each day. He ac- ‘‘crony’’ of Carter, 21 senators voted against in 2000. During the presidential election con- complished many during the last six months, Bell’s confirmation as attorney general. All troversy of 2000, Bell visited the recount site invigorated by the outpouring of visits and of these opponents later publicly voiced and served as one of the Bush team’s key ad- calls of his lifetime of friends, and at peace their support for him. Bob Dole wrote in the visers. He also filed an amicus brief on behalf after a satisfying and long life. His mind Washington Post that his vote against Bell of the American Center for Law and Justice stayed clear and vigorous to the end. Former was one of his two worst votes in Congress. in Bush v. Gore (2000). After the election, Atlanta Constitution editor Eugene Patter- The leader of that initial opposition, Sen. Bell served as a member of president-elect son was one of those who told Bell in a call Charles McMathias, a liberal Republican Bush’s transition advisory team for the De- a few weeks ago how ‘‘the courage’’ dis- from Maryland, also recanted ‘‘the error of partment of Justice. Although these actions played by Bell and Gov. Ernest Vandiver to his opposition’’ as he hosted Bell at his have no doubt raised eyebrows in the Demo- bring Georgia within the legal requirements Maryland farm before they together com- cratic Party, Bell insists that he is not a Re- of integration and save public education in memorated John Marshall, the first chief publican: ‘‘I haven’t switched parties, I con- Georgia ‘‘set my own bearing.’’ justice, at a nearby rural burial site. sider myself to be an independent’’ (‘‘Griffin Bell was a new 43-year-old judge for just a Bell was a people’s person of the first Bell, Carter’s Attorney General’’ 1996). few months on the 5th Circuit Court of Ap- order, who valued his own common origins. Griffin Bell’s life is an American success peals when he drew the case that ended the Secretaries around the Justice Department story. Born into humble circumstances, he discriminatory county unit system and would be surprised when this attorney gen- reached the heights of his profession through changed Georgia elections. He was soon em- eral would wander into their far-flung of- a combination of talent, ambition, and an in- broiled in Mississippi Gov. Ross Barnett’s de- fices, alone and unannounced. It took no defatigable work ethic. More important, fiance of court orders to admit James Mere- more than five minutes before Bell had es- when positions of power provided him with dith to the University of Mississippi. The tablished a common acquaintance. On the an opportunity to make a difference, he con- Georgia and Mississippi cases were two day a massive snowstorm engulfed and sistently rose to the occasion. As a judge, his among about 3,000 cases in which he partici- closed Washington, the Washington Post ‘‘intelligence and even-handedness in admin- pated and more than 500 opinions that he called the offices of the Cabinet to see who istering justice guided the South and the na- wrote. These cases reflected his frequent and was working. He and I were the only ones tion through some of its most perilous significant role during his nearly 15 years as there that morning, and I was off making times’’ (Barry 2000). With all of his achieve- a judge in which he synthesized the court’s coffee, when the phone rang. He answered in ments, this is Bell’s greatest legacy: his center, advancing civil rights. President his recognizable and unassuming drawl. That commitment to the rule of law and the equal John F. Kennedy went on television in the was the lead of the Washington Post story rights of all citizens. midst of the Barnett controversy to cite Bell about who was working in Washington. Mr. CHAMBLISS. There were many and other southern judges as courageous he- Bell’s most mentioned trait was his rich more important decisions in which he roes. humor and wit. Former Atlanta Constitution In 1977, Bell and President Jimmy Carter was involved, and I was privileged to editor Reg Murphy wrote an engaging biog- had a mission to refurbish the Justice De- raphy laden with samplings of this wit: ‘‘Un- study and learn from them while at- partment and FBI after the severe tarnish of common Sense: The Achievement of Griffin tending law school at the University of Watergate. He started and ended by boosting Bell.’’ Bell introduced a widely rumored aph- Tennessee. the professionalism of the careerists in the rodisiac, rooster pepper sausage, to Wash- Judge Bell was nominated by Presi- department. When he left, the esprit of the ington, headlined in a front-page story by re- dent Carter and confirmed by the Sen- body of the men and women at Justice was porter Phil Gailey, ‘‘Rooster Pepper has ate on January 25, 1977, as the Nation’s at an all-time high. White House Links.’’ 72nd Attorney General. His force of As a critical ingredient of this mission, Bell gave a still remembered acceptance character and common sense revived a Bell earned the respect of a cynical post-Wa- speech in 1979 as ‘‘a candidate for President tergate press corps. Seemingly small things of the United States’’ at the Alfalfa Club, an Justice Department that suffered from were part of his plan, such as posting on the annual banquet and mock political event in the Watergate era. According to Terry press room bulletin board his own daily logs Washington usually attended by the current Adamson, a law clerk for the judge showing his every meeting and telephone president, the Cabinet, military, judicial, po- when he was on the Fifth Circuit, a call with anyone outside the Justice Depart- litical and business leaders. He began in his

VerDate Nov 24 2008 00:42 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A08JA6.004 S08JAPT1 rfrederick on PROD1PC67 with SENATE S194 CONGRESSIONAL RECORD — SENATE January 8, 2009 distinctive Georgia drawl, ‘‘I would like to to study our prison system. He stayed for that you be treated with respect and that advise that arrangements have been made two years and ended up writing Democracy your dignity and independence as an officer for simultaneous translation.’’ in America, an epic study of our democratic of the court be maintained. I have always He continued (paraphrasing Churchill’s system. He reached many conclusions, and thought it a mark of great distinction that a great statement), ‘‘Our motto will be to two apply to you. lawyer in court can make a statement, as wage obfuscation. We will wage obfuscation First, he said that almost every problem they say, ‘‘in his or her place’’ to the court, on the beaches and on the landing fields and that arises in a democracy will eventually be without the necessity of being put under in the political arena of America. And when resolved in the court system. This was true oath. This is a mark of our professionalism. all else fails and we can no longer obfuscate, then and it is true now. 4. In the administration of justice, you we will tell the truth to the extent we know Second, he said that there was no aristoc- must abide by the rules and conform to the it.’’ racy in America, but that the nearest ap- highest principles of professional rectitude, We celebrate with deep affection the life of proach to aristocracy was in the lawyer irrespective of the desires of the clients or this rare man. class. His thought was that lawyers occupy others. Mr. CHAMBLISS. When leaving the an unusual and favored position in our sys- 5. To the public you owe the duty of mak- tem. ing certain that the system for admin- Fifth Circuit, Judge Bell returned to So now that you are about to become aris- istering justice is fair and efficient, and you King and Spalding and distinguished tocrats, I want to give you a short lecture on should do what you can to improve the sys- himself as one of the country’s premier behavior. We have an ample supply of law- tem. lawyers. yers in our country, and some of the lawyers 6. To the public you also owe the duty of In closing, as I have paid tribute to overlook the obligation to serve others. They seeing to it that counsel is made available to his distinguished career, I wish to take also distort the privilege of practicing law by those who cannot afford counsel either on a a moment to pay tribute to this won- converting it into a mere occupation. I was pro bono basis or for such fees as can be af- taught in law school that a lawyer had eth- forded. derful gentleman and friend. As a law- ical obligations well above the morals of the 7. Finally, to our country you owe the duty yer, I learned so much from him about marketplace. of leadership. You are in the class ‘‘to whom the practice of law. As a Congressman We are privileged to represent others in re- much is given, much is expected.’’ and Senator, I learned so much about solving their problems, but we have to do so You should arrange your affairs as lawyers politics and public service. with the public interest in mind. We can ad- so as to have time to be thorough and dili- As a friend, I enjoyed our visits and vise and counsel and defend clients, but we gent. The bane of many lawyers may be hav- conversations. His keen sense of humor cannot advise or facilitate activities which ing too much practice. You do not serve any violate the law. We live in a very complex client well when you lack the time to be has been compared to Mark Twain. As world where the channels of commerce de- thorough and prompt. You are not required my good friend, Bob Steed—Georgia’s pend on tax laws, which are often to take every matter that is presented to very own ‘‘Mark Twain’’; a real humor- unfathomable. There is a fine line between you, but having assumed a representation, it ist, columnist, and long-time law part- tax avoiders and tax evaders. Accounting becomes your duty to finish the representa- ner of Judge Bell—said this week of his standards can be evaded with the result that tion. Sometimes you will make a bad bar- wisdom and wit: the public loses confidence in our business gain, but as professionals, you are still obli- corporations and in the integrity of the mar- gated to carry out the representation. If he took a position, he’d take it strongly Someone asked one of my friends when we and defend it. But if someone improved it, he ketplace. Lawyers are the watchmen on the wall in the sense that they should say no to were in law school why so many of us vet- was willing to give way. His ego didn’t get erans were going to law school just after involved with choices . . . He was sharp to clients who engage in such activities. One of the first duties of a lawyer is to re- World War II. My friend replied that we were the very end. He told his son that there must main detached in any representation to the hoping to gain a part of the American dream. be a committee in heaven in charge of dying, end that you do not facilitate the breaking In most instances, my generation has found because it was taking so long. of the law. Always err on the side of doing the American dream. We have had good, re- That was Judge Bell. right. You and only you are responsible for warding lives and we have taken great pride Griffin Bell changed the course of the your ethics. in our profession. history of our country. As a judge on You should attach yourself to a mentor at I am proud to be a lawyer. I am proud of the Fifth Circuit, his decisions regard- the earliest possible time. Those of you who the fact that my son is a lawyer, and I am ing integration of school systems in will be trial lawyers—and that will probably proud of the fact that my grandson, a mem- be about half of you—will not have the privi- ber of this class, is about to become a law- Georgia and across the South were a lege of being trained as barristers, as would yer. Being a lawyer is an honorable profes- model for integration throughout the be the case in England, where you would sion, and our obligation is to maintain it Nation. In his role as Attorney Gen- have your training at an Inn of Court. Inns with honor. eral, he did much to restore the of Court do not teach law, but they teach I feel certain that all of you will have that public’s trust in the Department of lawyers how to conduct themselves and how attitude toward being lawyers, and I wish Justice. He was a close personal friend to behave themselves. Once they are cer- you well as you go forth now into the prac- of mine, and this is not only a national tified by their mentors, as knowing how to tice. I hope that each one of you will find the American dream. loss but a personal one as well. conduct themselves, they become barristers. If you attach yourself to a mentor who has Thank you. Mr. President, I have before me a integrity—and I can assure you that the Mr. CHAMBLISS. I remember the commencement speech that he gave at older lawyers are always glad to help young day very well when Judge Bell gave Mercer University Law School in 2002. lawyers—you will absorb those qualities of that commencement speech at Mercer I ask unanimous consent that it be conduct that will make you into respected Law School because that day his printed in the RECORD. lawyers. The rules of conduct that you should fol- grandson Griffin, III graduated from There being no objection, the mate- Mercer Law School, and my son Bo rial was ordered to be printed in the low in your practice can be simply stated. 1. To a client a lawyer owes undivided alle- graduated from Mercer that same day. RECORD, as follows: giance and the utmost application of your I was privileged not only to be there to Dr. Godsey, Congressman Chambliss, mem- learning, skill and industry as well as the see my son graduate from law school bers of the faculty, families of graduates, employment of all appropriate legal means but also to share the dais with Judge graduates and friends: within the law to protect and enforce the in- Bell and to introduce Judge Bell to I congratulate each one of you graduates terests of the clients. You should not be de- on having completed law school. Through terred by any fear of judicial disfavor or pub- make that commencement address. much study and great effort, you are about lic unpopularity. Nor should you be influ- He was a great American. He was a to become lawyers. You are about to become enced by self interest. great Georgian. He was a terrific law- members of a privileged class of Americans 2. To opposing counsel a lawyer owes a yer with unparalleled credentials, un- because as lawyers, you are agreeing to serve duty of courtesy, candor in the pursuit of paralleled integrity, and someone who your fellow Americans in resolving those truth and cooperation in all respects—not in- is going to be missed by our State and kinds of disputes which arise in a free coun- consistent with the clients’ interests. You by our country. try. also must scrupulously observe all mutual (Ms. KLOBUCHAR assumed the We have many rights and many respon- understandings. Your word is your bond. sibilities, and lawyers are necessary to re- 3. To the courts you owe respect, diligence, chair.) solve the conflicts which arise from time to candor and punctuality. You should also f time with respect to those rights and respon- work to ensure the independence of the judi- ISRAEL sibilities. ciary and protect the courts against unjust In 1835, a young Frenchman by the name of and improper criticism. In return, you Mr. CHAMBLISS. Madam President, Alexis de Tocqueville came to this country should expect from the judge and the courts I also wish to discuss the security in

VerDate Nov 24 2008 00:42 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A08JA6.013 S08JAPT1 rfrederick on PROD1PC67 with SENATE January 8, 2009 CONGRESSIONAL RECORD — SENATE S195 the Middle East and to offer my sup- while Hamas is allowed to rain terror Office of Health Care Reform empha- port for Israel. Israel is an important into southern Israel. I encourage the size their serious commitment to solv- foundation of stability and democracy Palestinian Authority in the West ing this bedeviling problem. Senator in the Middle East. The resolution of Bank to form a legitimate and authori- Daschle will bring distinguished, the Israeli-Palestinian conflict is im- tative body which can speak for all of thoughtful leadership to the crisis in portant not only to the peace and secu- Palestine, effectuate change, and exer- our Nation’s health care system. rity of the Middle East but also to the cise control over terrorists who reside Health care reform is the signal chal- rest of the world. in their territory. I commend President lenge facing our families, our economy, The United States and Israel share Abbas for taking part in the inter- and our Government. I wish to take a common principles and a strong com- national discussions about the situa- few minutes today to speak about this mitment to eradicate terrorism and to tion in Gaza. great challenge and the urgent need for secure a better future for the world. I support the necessary requirements action. Israel has been a steadfast ally of the of any cease-fire which Secretary Rice We all know the system is broken. United States and, I assure you, the discussed before the United Nations. The evidence lies all around us—in my United States will stand ready to assist Hamas must end the rocket, mortar, State of Rhode Island and across the our friends, the Israelis, to promote and other attacks on Israel, and Israel country. When a lost job is frightening peace, defeat terrorism, and prevent can then cease its military offensive not just because it means lost income hostile countries that sponsor ter- and reopen Gaza’s border crossings so but because it means lost health care, rorism from obtaining nuclear weap- that Palestinians can benefit from hu- our health care system is broken. When ons. manitarian goods and basic supplies. sudden illness strikes and insurance With hopes for peace and a two-state Most importantly, the smuggling of will not cover the costs, our health solution, Israel evacuated all of its weapons into Gaza through hundreds of care system is broken. When families citizens and soldiers from Gaza in 2005, illegal tunnels must end. The Arab wait to see a doctor until it is too late including the uprooting of homes, states in the region, especially Egypt, because they have no health insurance schools, and places of worship. Unfor- should be a part of this process, and I to pay for the visit, our health care tunately and regrettably, following encourage the Palestinians to seek system is broken. these actions, the Palestinians failed their guidance and support, and in re- We see the evidence of the broken to develop fully the Gaza Strip and turn for them to offer guidance and po- system and the staggering costs of voted into power Hamas, a terrorist or- litical and financial support. health care in this country. The United ganization supported by Iran and Madam President, with that, I yield States spends 16 percent of our GDP on whose true objective is to eradicate the the floor and suggest the absence of a health care. That is about twice what state of Israel. quorum. our major industrialized competitor Following years where terror groups The PRESIDING OFFICER. The nations spend. The annual cost of the in Gaza launched rockets at Israel, tar- clerk will call the roll. system exceeds $2 trillion, and it is ex- geting the Israeli civilian population, The assistant legislative clerk pro- pected soon to double. Family health it became clear that it was time for ac- ceeded to call the roll. emergencies have been the most com- tion. After Hamas failed to renew its Mr. WHITEHOUSE. Madam Presi- mon cause of personal bankruptcy, and self-imposed cease-fire—one it, frankly, dent, I ask unanimous consent that the businesses, large and small, struggle never enforced fully—Israel was forced order for the quorum call be rescinded. under the weight of ever-increasing to take appropriate action to protect The PRESIDING OFFICER. Without health insurance costs. There is more her citizens. To that end, Israel has re- objection, it is so ordered. health care than steel in Ford’s cars sponded appropriately. Mr. WHITEHOUSE. Finally, I ask and more health care than coffee beans The United States-Israel alliance re- unanimous consent to speak for 15 min- in Starbucks coffee. mains more critical than ever as Israel utes as in morning business. Yet for all that money, what do we defends her people and works to end The PRESIDING OFFICER. Without get? We still leave 46 million Ameri- the threat posed from terrorist groups objection, it is so ordered. cans uninsured; 46 million wrenching on its borders. The United States and f stories of health care foregone, of per- Israel face an unprecedented array of sonal misfortune, even lives lost. That HEALTH CARE REFORM shared threats—from Iran developing a doesn’t even include the experiences of nuclear program with unclear inten- Mr. WHITEHOUSE. Madam Presi- our Nation’s underinsured or small tions and a clear track record of deceit, dent, today Senator Daschle has come business owners struggling to provide to the expanding military capabilities before the HELP Committee for his health insurance or the many Ameri- of terrorist groups such as Hamas and confirmation hearing as our Secretary cans who receive poor quality health Hezbollah, which are supported by designate of Health and Human Serv- care. Iran—and security and stability in the ices. I know that all of our colleagues President-elect Obama is committed Middle East, especially for our ally and friends in the Senate found it mov- to reforming this broken system, and Israel, has never been more precarious. ing and wonderful to see the distin- he has taken swift action to engage the I do hope this conflict will soon come guished chairman of that committee, American people in a national con- to a peaceful conclusion. Neverthe- Senator KENNEDY, back in his chair versation about what is wrong and less—and let me be clear—Israel has leading that hearing. We are all de- what we can do to fix it. Last month, every right to defend its citizens while lighted to see him back at work in the he and Secretary-designate Daschle taking precautions, to the extent pos- Senate, and we are delighted to see asked people to hold meetings in their sible, to spare the civilian population Senator Daschle back with us in this communities to discuss health care re- in Gaza and reduce collateral damage. exciting new capacity. form and to share their ideas. I urge the people of Gaza to reject We know every American deserves In the end, there is no better way to Hamas and surrender the terrorists’ health care that he or she can afford. understand the deep failures of our rockets in the most expedient manner Senator Daschle knows that to do that health care system and the very real to facilitate ending this necessary ac- we need basic systemic reform that pain, frustration, anxiety, and anger it tion by Israel. Israel remains com- will improve the way health care is de- causes than to talk to the people who mitted to peace talks with the Pales- livered in this country. Senator have experienced it firsthand. Over the tinian Authority, despite Hamas’s con- Daschle has already brought forward past few years—at community dinners stant bombardment of Israel and its in- ideas, such as the creation of a Federal that I have around our State, in my of- effective control over the Gaza Strip. health board, that have contributed fice, as I travel around—many Rhode In order to improve the prospects for enormously to the health care reform Islanders have reached out to me to successful and lasting peace between debate, and I hope very much he will share their stories and to urge that we the Israelis and the Palestinians, it is pursue those ideas further at HHS. His work urgently to repair this broken necessary for all Palestinians to work nomination and President-elect system. I wish to take a moment to toward a solution. This cannot be done Obama’s creation of a new White House share a few of those stories.

VerDate Nov 24 2008 00:42 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G08JA6.028 S08JAPT1 rfrederick on PROD1PC67 with SENATE S196 CONGRESSIONAL RECORD — SENATE January 8, 2009 A mother in Narragansett, RI, shared afford. As this Rhode Islander learned 100,000 Americans die every year— a story about her 20-year-old son who in the hardest way possible, health in- 100,000 Americans die every year—be- suffers from severe bipolar disorder and surance often ends up ensuring very cause of avoidable medical errors. It is relies on therapy and expensive medi- little. simply not tolerable to allow that to cations to remain a valued and produc- It is on behalf of these Rhode Island- continue, particularly when it is a win- tive member of his community. He is ers and so many others that I urge my win situation, where improved quality too old to be covered under her family colleagues to come together to support of care means lower costs. health insurance plan, and his pre- health care reform that will lower Finally, the third leg of the reform, existing condition makes buying insur- costs and improve the quality of care in addition to helping infrastructure ance on the individual market impos- for all Americans. We must improve technology and quality and prevention sible—prohibitively expensive. So what the way we deliver health care by pro- reform, is that we have to reform how did they do? This mother and her fam- moting quality, implementing health we pay for health care to align the ily came up with a surprising solution. information technology, and investing price signal that we send by those pay- They enrolled her son at the Commu- in preventing disease. We must, and ments with what we want from health nity College of Rhode Island so he will, protect existing coverage when it care. Until we do that, we will be con- could participate in the student health is good, we must improve it when it is stantly struggling uphill against our insurance plan. He takes the absolute not, and we must guarantee health own financial message. minimum course load in order to con- care for the 46 million Americans, 9 This is all doable. This is all so do- tinue to work, but he remains a stu- million of whom are children who have able, but it will take time. These are dent because it is less expensive to pay no health insurance at all. complex matters. We will have to make for college tuition than it is to pay for We see ourselves now in darkening adjustments. The adjustments will individual health insurance. Any par- and tumultuous economic times. Yet take time. It is a dynamic environment ent with a child in college knows what looking beyond the immediate eco- which will have to make course correc- a burden this Rhode Island family is nomic perils we face, there is a $35 tril- tions along the way. That means we bearing to ensure that their son gets lion unfunded liability for Medicare need to start now. We do not have the the basic treatment he needs to stay that is bearing down on us. It is bear- luxury of time on our side. If we do not healthy. ing down on us because our population get started on a thorough-going health I also heard from the proud owner of is aging, because people get sicker as care delivery system reform now, then a small bookkeeping and tax prepara- they age, and that makes them more the alternative will be times that are tion business in Warwick, RI. She has expensive. Unless we figure out a way even darker and more tumultuous than worked tirelessly to raise five sons, go in this Chamber to stop time, unless we we find ourselves in right now. back to college, and finally she has be- figure out a way in this Chamber to re- I see the very distinguished chairman come her own boss. Yet despite all her verse the aging process, unless we fig- of the Budget Committee on the floor, effort and all her success, she wrote me ure out a way in this Chamber to make a man who is an eloquent voice on the to plead for reform. She wrote this: elders have healthier lives and bodies dark and tumultuous times and the I spend over 50 percent of my income just than younger people, this is inevitable. risks we face from the current fiscal to have health insurance for my husband and It is coming at us, and we have to pre- situation, so I will gladly yield at this myself. The premiums are over $1,000 per pare. In order to prepare, we have to point, and I thank the Presiding Offi- month, even with very high deductibles. My reform the health care delivery system. cer. employees need health insurance also, but I We are committed, as Democrats, to The PRESIDING OFFICER. The Sen- am unable to provide them with any benefits making sure every American has ator from North Dakota is recognized. because of the poor economic conditions. health insurance coverage, but it is not f Her employees are like family to her, enough just to bring everyone into the as with so many small businesses, and boat. If you had a boat in the ocean CBO REPORT it breaks her heart that they are unin- and people swimming around it and to Mr. CONRAD. Madam President, first sured. Yet she says she simply will not save them you needed to bring them of all, I wish to thank Senator be able to keep her doors open if she into the boat, you would do that. But if WHITEHOUSE for his contributions to tried to contribute toward their bene- the boat itself was sinking, if the boat this Chamber. He has been an out- fits. itself was on fire, just bringing every- standing Member. He serves on the In the midst of this economic down- body into the boat is not an adequate Budget Committee with me. He has de- turn, and particularly in Rhode Island discharge of your duties. It is also im- veloped a special expertise on health where the unemployment rate is one of portant that you repair the boat, that care which is so badly needed. the highest in the Nation, this story you get it steaming forward, that you I wish to comment very briefly on shows all too clearly how closely make sure it is safe for the people the CBO report we received today in linked are the tasks of reforming our whom you bring into it. the Budget Committee hearing on the health care system and strengthening That means reforming our health in- fiscal outlook. It is truly jaw-dropping. our economy. formation technology infrastructure so There is a $1.2 trillion deficit for this Our health care system manages to every American can count on an elec- year, before any economic recovery fail even those who believe themselves tronic health record, so when you go to package is passed. Add to the debt even to be covered. A woman who lives in see your doctor, you don’t have to fill higher: $1.6 trillion will be added to the Woonsocket and who has health insur- out that clipboard one time after an- debt of the country, and, again, that is ance and was always careful to pay her other, when at the same time you can before any cost of an economic recov- bills on time, assumed she would be sign on to Amazon and not only do ery plan. covered in the event of an emergency. they know who you are, they know If one factors in an economic recov- Why not? She was current. She paid what you have bought and they have ery plan, we could be looking at an in- her premiums. She had insurance. But suggestions for you based on your buy- crease in the debt of $2 trillion this not too long ago, she suddenly had to ing habits. There is no excuse for our year alone. To put that in context, we have her appendix removed. Despite health care system being back in the have a gross debt of the United States having health insurance, she left that 1950s as the rest of the economy moves of $10.6 trillion roughly today. hospital with a $10,000 bill. She is cur- forward into the 21st century. It re- So I think it is imperative that while rently working for a temp service and quires improving the quality of health we put together an economic recovery she has no idea how she can pay off this care and it requires investing in pre- plan, which we must, we also are cog- debt. She had recently bought her own vention. nizant of the very serious long-term home, a longtime dream and an accom- We dramatically underinvest in pre- fiscal condition we face as a nation. plishment in which she took great vention and quality. There are market There is a front-page story in the pride. Now, because of the fine print of failures that cause those things to hap- New York Times today indicating that that health insurance policy, she risks pen. They are repairable. In addition to the Chinese, the biggest financers of losing the home she worked so long to the cost savings, it is estimated that our debt, have a reduced appetite for

VerDate Nov 24 2008 02:26 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G08JA6.029 S08JAPT1 rfrederick on PROD1PC67 with SENATE January 8, 2009 CONGRESSIONAL RECORD — SENATE S197 American dollar-denominated debt be- Committee for being willing to engage imposes a greater burden relative to re- cause they have their own economic in this colloquy with me. sources on the poor than it does on the issues, their own need for the use of Mr. CONRAD. I thank the Senator rich. Let me say that again. The pur- capital at home. This could have enor- from Rhode Island and look forward to pose of these programs is to ration the mous consequences for us going for- working with him on the Budget Com- fossil fuel-based energy by making it ward in terms of interest rates and mittee as we attempt to come up with more expensive to all Americans and what it will take to attract foreign a plan to deal with these multiple chal- therefore less appealing for public con- capital to float this economic boat. lenges. sumption. But it is a regressive tax, One final point. Last year, of the new f and we have talked about this before. debt financing for this country, 68 per- It is one that punishes those whose re- cent of it came from abroad. Madam RECESS sources have to be used for such pur- President, 68 percent of our new debt The PRESIDING OFFICER. Under poses as being able to operate their ve- financing came from abroad. The fact the previous order, the Senate will hicles and heat their homes. that the Chinese, who have been the stand in recess until 4:45 p.m. Advocates may argue that the redis- most significant contributors to fi- Thereupon, the Senate, at 3:34 p.m., tribution of wealth toward the income nancing that debt, are expressing a re- recessed until 4:45 p.m. and reassem- consumers will offset the balance of luctance to take on more of our debt, bled when called to order by the Pre- revenue or taxes being taken in, but we do more of our debt financing, should siding Officer (Ms. KLOBUCHAR). learned firsthand during the send a warning signal to all of us as we The PRESIDING OFFICER. The Sen- Lieberman-Warner debate that this fashion long-term fiscal and economic ator from Oklahoma is recognized. simply is not true. I don’t like the ar- policy. Mr. INHOFE. Madam President, gument that we have equal distribu- I yield the floor. under the rules, have we been in a tion of wealth efforts that are going to The PRESIDING OFFICER. The Sen- quorum call or in recess? take a regressive nature out of the pu- ator from Rhode Island. The PRESIDING OFFICER. We have nitive values of this type of program. Mr. WHITEHOUSE. Madam Presi- been in a recess. To me, there is something un-Amer- dent, I wish to ask, through the Chair, ican about that. But while the bill’s f a question of the distinguished chair- sponsors try to convince us there is ac- man of the Budget Committee with re- GLOBAL WARMING tually tax relief in the bill, we learn spect to the $10 trillion debt the coun- Mr. INHOFE. Madam President, first that families—now I am talking about try is now carrying. of all, I appreciate your coming from the Lieberman-Warner bill, and this At the time the current administra- your meeting to preside. As we begin was only about 8 months ago, the tion that is leaving office came into of- the new Congress and a new adminis- Lieberman-Warner bill—we learn that fice 8 years ago, my understanding is tration, we begin a new chapter on en- families with workers will still have to the situation in America was rather ergy and environmental policy, and it pay $6.7 trillion into the system in the different. It is my understanding that is a time that environmental activists, form of higher energy costs to get back at that time we were actually looking the United Nations, and many of my an estimated $802 billion in tax relief. at surpluses in our country, and the $10 Democratic colleagues have been sali- That is a return of $1 out of every $8.40 trillion deficit is largely the responsi- vating for for years. The stars are all paid. It is time that proponents of cli- bility of the policies that have been aligned. Democrats control both sides mate policies be honest. It is expen- followed over the past 8 years. of Pennsylvania Avenue, and the Su- sive, and it is going to cost taxpayers a Mr. CONRAD. The Senator is exactly preme Court has spoken now that car- lot of money. right. The debt of the country at the You know, it doesn’t really matter bon dioxide is a pollutant under the beginning of the last administration which form we use. We have gone Clear Air Act, even though it was a 5- was about $5 trillion. They have ap- through, first of all, the Kyoto Treaty. to-4 decision. It is kind of interesting proximately doubled the debt of the We came this close to passing the how something can be a pollutant with country on their watch, dramatically Kyoto Treaty, and it wasn’t until the a 5-to-4 decision. more than doubled foreign holdings of Wharton School of Economics came It is believed the stage has been set U.S. debt. So the current administra- along with the econometrics survey tion, the outgoing administration, has for a home run on mandatory Kyoto- and they determined it would cost left the incoming administration in a like climate controls and the dawn of a some $300 billion a year to join onto very deep hole, not to mention the eco- new bustling green energy economy. and actually try to achieve the emis- nomic difficulties and the extreme However, before many of my colleagues sion requirements of Kyoto. Then need for an economic recovery plan to rush to leap before they look, I wish to along came the McCain-Lieberman bill give lift to this economy. remind them of some very unfortunate and then after that the Warner- Mr. WHITEHOUSE. So through the developments that may complicate Lieberman bill. And cap and trade is good times, we could have been laying their early action on items on their going to be about the same amount. money aside so that when this situa- wish lists. I ask my colleagues to at They may massage it a little bit, but tion came, we would be in a strong eco- least consider some of the facts I will we are still talking in the neighbor- nomic condition. Instead, by squan- be revealing over the next series of hood of $300 billion a year. That dering all those years, we have put the speeches and to keep an open mind be- equates to over $2,000 for each tax- incoming administration in a very fore rushing to sweeping action after paying family in America. So it is challenging position. waiting for so many years. huge. Mr. CONRAD. Yes, not only the in- The scale and pace of the climate In the coming weeks, I will go into coming administration, the whole proposals and the regulatory actions more detail about other false promises country because our ability to cope we have debated in the past, including proponents of mandatory global warm- with an economic downturn, the flexi- the recently failed Lieberman-Warner ing policies are advocating. Among bility is substantially limited by what bill and the ones we will likely be de- them are a reality check on green has already been done to dramatically bating this Congress, leave little room projects—the number of new green jobs increase the debt, as the Senator de- for error in this fragile, recession-rid- from a climate regime are overstated scribed, in good economic times. Unfor- den economy, and the inflated promises compared to the number of manufac- tunately, that is the reality we now of a sweeping green jobs revolution turing jobs lost, and we know from the confront. need an honest and frank reality. The National Association of Manufacturers Today’s news by the Congressional proponents of mandatory global warm- how many jobs would have been lost Budget Office of not only the $1.2 tril- ing controls need to be honest with the with any of these schemes in the past; lion deficit this year but massive defi- American people. The purpose of these a review of the weaknesses of offset cits as far as the eye can see should programs is to ration fossil-based en- policies—companies have bought off- sober us all. ergy by making it more expensive and sets which are not real; and a review of Mr. WHITEHOUSE. I thank the very therefore less appealing for public con- the attempts to estimate the cost of in- distinguished chairman of the Budget sumption. It is a regressive tax that action. Many advocates are claiming it

VerDate Nov 24 2008 00:42 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G08JA6.032 S08JAPT1 rfrederick on PROD1PC67 with SENATE S198 CONGRESSIONAL RECORD — SENATE January 8, 2009 is more expensive to do nothing than ticle in the Bloomberg News—and I say sity of Finland who has authored 200 the cost of a cap and trade, but they this for those individuals who might be scientific publications, is also skep- are untested and nontransparent eco- feeling sorry for Al Gore—it was re- tical of manmade climate doom. nomic modeling. ported that his net worth in 2000 was Ahlbeck wrote in 2008: All these issues will play a vital role between $1 million and $2 million and Contrary to common belief, there has been in the debate on both energy and global it is now in excess of $100 million no or little global warming since 1995, and warming policy, which have become today, so he will be all right. this is shown by two completely independent unavoidably intertwined. You can’t When the stakes of the policy out- data sets. But so far, real measurements give really talk about one without the comes with cap and trade and other no ground for concern about catastrophic fu- other. You can’t talk about what you mandatory climate proposals are this ture warming. are going to do on greenhouse gases or high for the American people, I hope This is kind of interesting because CO2 or cap and trade without affecting the Senate this year will embrace my what he is saying—and this is a guy our overall energy policy. calls for objectivity and transparency who started out with the United Na- When there are sensible proposals de- in science and modeling. As policy- tions in the beginning, with the IPCC— bated in Congress that can achieve makers, it is our duty to make sure is that right now we are actually in a double benefits of reducing emissions models developed by agencies and used cooling period. I think no one debates and making America’s energy supply in policy are useful for their intended that now. We have had the most severe more stable, diverse, and affordable, purpose, articulate major assumptions weather, and I will have another talk I then we will look forward to working and uncertainties, and separate sci- will try to get in next week about what on a bipartisan basis to achieving these entific conclusions from policy judg- is happening around the country right goals. Increasing our domestic energy ments. now. It isn’t global warming, it is glob- production and lowering our depend- However, with global warming al cooling. People forget God is still up ence on foreign oil are two issues that science this has not been the case. there and we go through these cycles. I are critically important to myself and With many left-of-center scientists, can remember the middle 1970s when my State of Oklahoma, and of course the environmental activists now real- they were saying there is another ice this will include renewables and new ize the so-called consensus on man- age coming and we are all going to die. green jobs. made global warming is not holding up. Those same people—and there was an However, we need to be smart and re- The leftwing blog Huffington Post— article in Time magazine at that alistic about these policies. Unfortu- this is a left-leaning organization—sur- time—are the ones now saying we are nately, I fear that the scale and pace prised a lot of people by featuring an going to die, but it is for a different many of my colleagues will be advo- article on January 3, 2008, by Harold reason, it is global warming. cating with mandatory climate policies Ambler demanding an apology from Lifelong liberal Democrat Dr. Martin are unrealistic, extraordinarily nar- Hertzberg, a retired Navy meteorolo- rowly expensive, and ill-advised. What Gore for promoting unfounded global warming fears. The Huffington Post— gist with a Ph.D. in physical chem- is the driver for these unrealistic pro- istry, also declared his dissent of posals that seem to make unneces- again, left leaning—article accused Gore of telling the biggest whopper warming fears in 2008. He said: sarily abrupt and painful increases in As a scientist and life-long liberal Demo- our energy costs in the near term? It is ever sold to the American public in the history of mankind because he claimed crat, I find the constant regurgitation of the all rooted in global warming science. anecdotal, fear mongering claptrap about I have given over 12 speeches, aver- the science was settled on global warm- human-caused global warming to be a dis- aging over an hour apiece, on the ing. The Huffington Post article, enti- service to science. science of global warming over the past tled ‘‘Mr. Gore: Apology Accepted,’’ Finally, CNN—not a bastion of con- few years. Today, I wish to update my adds, ‘‘It is Mr. Gore and his brethren servatism—had yet another of its me- colleagues on some of the latest who are flat-Earthers, not the skep- teorologists dissent from warming science that has not yet been reported tics.’’ Again, it is not myself, not Jim fears. Meteorologist Chad Myers, a me- in the mainstream media. I will simply Inhofe saying this about Gore; it is the teorologist for 22 years, certified by the be a disseminator of this information leftwing blog, the Huffington Post, say- American Meteorological Society, and not a commentator. I have to say ing these things. spoke out against anthropogenic cli- The Huffington Post article con- that because I am not a scientist, nor mate claims on CNN in December. tinues: is anyone else that I know of in this You know, to think that we could affect body a scientist. So the statements I Let us neither cripple our own economy by weather all that much is pretty arrogant. will make will be quoting people who mislabeling carbon dioxide a pollutant nor Mother Nature is so big, the world is so big, are qualified and are scientists, and discourage development in the Third World, the oceans are so big—I think we are going this is what my role will be. where suffering continues unabated day after to die from the lack of fresh water or we are Before I do that, I ask all my col- day. going to die from some type of ocean acidifi- leagues to think about the issue. Another left-of-center atmospheric cation before we die from global warming, Science should not be reviewed through scientist who has descended on the for sure. any one frame. It is not partisan, it is manmade climate fears is the U.K.’s Myers joins fellow CNN meteorolo- not regional; however, the political Richard Courtney, a U.N.—and let’s gist—by the way, CNN has been very process has largely engulfed science be- keep in mind where all this started. A biased all this time. I think we know hind climate change. As I have docu- lot of people forget this was started by that, as has the Weather Channel, be- mented in speeches before, the politi- the United Nations—the United Na- cause there is a lot of money in perpet- cizing of the global warming science tions Intergovernmental Panel on Cli- uating this myth. Myers was joined by has become one of the most unfortu- mate Change. They came out and said: his fellow CNN meteorologist, Rob nate developments in the last 8 years. Oh, it is manmade gases, anthropo- Marciano, who compared Gore’s film to Anytime one questions a hypothesis or genic gases, CO2, methane that are fiction in 2007, and CNN anchor Lou a conclusion that does not fall in line causing climate change. And this per- Dobbs just said of a global warming with ‘‘the sky is falling’’ doom and son used to be on that panel. He was an fear promotion on January 5 of this gloom scenario of global warming expert reviewer in the U.K.-based cli- year, ‘‘It’s almost a religion without alarmists, it is ridiculed, written off, mate and atmospheric science, a con- any question.’’ denigrated, and not reported by the sultant, and a self-described Socialist Recently, I released a new report on mainstream media. Yet anytime a who also happens to reject manmade climate scientists which documents more severe interpretation or alarming climate fears. many of the studies ignored by the statistic is related, it is headline grab- Joining Courtney are many of the mainstream media. bing in the news. Objective, trans- other progressive environmental sci- Here it is right here. This is one that parent, and verifiable science gets lost entists. Former Green Peace member is actually too large to put into the in the public dialog. and Finnish scientist Dr. Jarl Ahlbeck, CONGRESSIONAL RECORD. In here, in the Funding has a way of influencing this a lecturer of environmental technology report, are 650 scientists who have debate. The other day there was an ar- and a chemical engineer at the Univer- challenged manmade global warming

VerDate Nov 24 2008 00:42 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G08JA6.033 S08JAPT1 rfrederick on PROD1PC67 with SENATE January 8, 2009 CONGRESSIONAL RECORD — SENATE S199 claims made by the United Nations and vote on some of these amendments, made by the United Nations Intergov- Intergovernmental Panel on Climate but when it comes to final passage, we ernmental Panel on Climate Change Change. We talked about that. I have are not going to vote on it. and by former Vice President Al Gore. been detailing these science issues for After the bill failed, the Wall Street Our new 233-page U.S. Senate minority a number of years. Journal aptly noted that environ- report features the skeptical voices of In a July 28, 2003, floor speech in this mentalists are stunned that their glob- over 650 prominent international sci- Chamber I said: The issue of global al warming agenda is in collapse. The entists, including many current and warming ‘‘is far from settled, and in- paper added: former U.N. IPCC scientists who have deed is seriously disputed.’’ The science The green groups now look as politically now turned against the U.N. IPCC. continues to evolve. intimidating as the skinny kid on the beach This updated report includes an addi- I explained that ‘‘anyone who pays who has sand kicked in his face. tional 250—and growing, I might add; it even cursory attention to the issue un- The paper quoted a political analyst has grown since then—scientists and derstands that scientists vigorously who noted that ‘‘this issue is starting climate researchers since the initial re- disagree over whether human activities to feel like the Hillary health care plan lease in December of 2007. The over 650 are responsible for global warming, or again.’’ dissenting scientists are more than 12 whether those activities will precipi- Despite the claims that we must act times the number of the U.N. sci- tate natural disasters.’’ now to prevent climate crisis, the cli- entists—only 52 of them—who authored I noted—and this is what I said in mate tax bill would not have resulted the media-hyped IPCC 2007 Summary 2003: in any action whatsoever. The bill, for Policymakers. Not only is there a debate, but (at least in often touted as an insurance policy This is very significant. I know it is certain corridors) the debate is shifting away against global warming, would instead kind of heavy lifting to understand from those who subscribe to global warming have been all economic pain and no cli- this, but the U.N. IPCC, that started alarmism. mate gain. This is because without a this whole thing, they have this anal- That was in 2005. After that speech, I global treaty, the binding commit- ysis that is made and updated, but you led the charge against the McCain- ments by both the developing and de- never get the full report by any of the Lieberman global warming cap-and- veloped countries is not going to work. scientists. It is merely the summary trade bill—that would be in 2003, then Let’s say we believed that manmade, for policymakers. That is us. That is again in 2005—both times easily defeat- anthropogenic gases were the major for the politicians out there. So they ing the bills. At the time it was a lone- cause of climate change and the debate only have 52 scientists who signed this ly battle. Only a few people came down was over if we do something just uni- report. We are talking about 650 sci- to help me on the floor. I remember so laterally in the United States of Amer- entists versus 52. well in 2005 when I was alone down here ica. All that would do is cause a flight The chorus of skeptical scientific on the floor of the Senate for 5 con- of our manufacturing jobs overseas to voices grew louder in 2008 as a steady secutive days that we had it on the countries such as India and China and stream of peer-reviewed studies, anal- floor, about 10 hours a day. Very few Mexico—places where they do not have yses, real-world data, and inconvenient people came down and were willing to any kind of a restriction on the green- developments challenged the U.N.’s and join me on the Senate floor. house gases. So it would have a net in- former Vice President Al Gore’s claims That has changed. If you fastforward crease, if we were to pass one of these. that the ‘‘science is settled,’’ and there from 2005 to 2008, we had the Warner- Yet we are the ones who would be sad- is a ‘‘consensus.’’ Despite what is now Lieberman bill on the floor. At that dled with a $300 billion-a-year tax bill. being portrayed in the media on a time I had over 25 Senators come down Americans are suspicious of the need range of issues, 2008 proved to be dev- and join me. You are seeing people who for solutions to global warming. The astating for the promoters of manmade no longer fear the money generated by Gallup Poll released on Earth Day 2008 climate fears. the moveon.orgs, the Hollywood revealed the American public’s concern In addition, the following develop- elitists, those individuals who have about manmade global warming has re- ments further secured 2008 as the year millions of dollars to put into cam- mained unchanged since 1989. Accord- the ‘‘consensus collapsed.’’ Russian sci- paigns, to throw into the system. We ing to Gallup, and this is a quote from entists ‘‘rejected the very idea that are getting a lot of encouragement. the report, they said: carbon dioxide may be responsible for Things have changed. In fact, at the Despite the enormous attention paid to global warming. end of the bill that we had that is re- global warming over the past several years, Frankly, they laugh. I have had ferred to sometimes as either the the average American is in some ways no meetings with them. They laugh at it. Lieberman-Warner bill or the Boxer more worried about it than they were in In Milan, when they had one of the big climate tax bill, they are only able to years past. United Nations meetings where they get about 37 people from their own In other words, after all the money, tried to coerce countries into sup- party, from this side of the aisle over all the hype, all the biased media over porting this, the Russians at that time here, who would support it. That is a the past few years, people have not were in a position, since they have major change from the past. moved in that direction. They know these vast areas that are totally unde- After this election that number has better. They know when they have veloped—I remember flying across Si- only gone up from 37 to 39. You are not been duped. beria a few years ago. I am a pilot and getting close to the 60 votes necessary What perhaps is the most striking is flew an airplane across the world, and to try to inflict this economic damage that, aside from the economics of glob- I remember flying across Siberia and on the United States. al warming solutions, the science has looking down and seeing time zone The Republicans were prepared to de- continued to move in the direction I after time zone where you don’t see bate the bill—this is the Warner- predicted in 2003. In 2007 I released a any people, nothing but natural re- Lieberman bill—and were ready to Senate minority report detailing over sources. Yet all of those would go in offer amendments, but the Democrats 400 scientists disputing manmade glob- the formula, so they would be great big didn’t want to debate, much less vote, al warming claims. In the inconvenient recipients if they are able to get some on our amendments that were aimed at real world climate study, developments kind of international treaty. protecting American families and are refuting global warming fears. That In addition to that, the American workers from the devastating economic was 2007, just a year ago. Physical Society editor conceded that impacts of the bill. When faced with In 2008, in the tail end of 2008, for the ‘‘a considerable presence’’ of scientific the inconvenient truth of the bill’s im- benefit of public dissemination we have skeptics exists. An international team pact on skyrocketing gas prices, it was updated our report, and the so-called of scientists countered the U.N. IPCC, Democratic Senators who wanted to consensus on global warming is even declaring, ‘‘Nature, not human activ- see the bill die a quick death. more in dispute. That is the report I ity, rules the climate.’’ By the way, we had a list of some 10 have right here. Over 650 dissenting sci- India issued a report challenging Democratic Senators who, in a very re- entists from around the globe chal- global warming fears. A team of inter- sponsible way, said we will go ahead lenge manmade global warming claims national scientists demanded the U.N.

VerDate Nov 24 2008 02:26 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G08JA6.035 S08JAPT1 rfrederick on PROD1PC67 with SENATE S200 CONGRESSIONAL RECORD — SENATE January 8, 2009 IPCC ‘‘be called to account and cease lished that explored non-‘consensus’ are not going to happen? There are a its deceptive practices,’’ and a canvass views.’’ In a March 4, 2008, report lot of reasons for that. A lot of money of more than 51,000 Canadian scientists Briggs described the behavior as ‘‘real- behind this comes from organizations revealed that 68 percent disagree that ly outrageous and unethical . . . on the such as those we find in some of the global warming science is ‘‘settled.’’ parts of some editors. I was shocked.’’ Hollywood groups, moveon.org, George We are not talking about politicians, Again, this is not me saying this; Soros, and different foundations such people, Senators like me and others in there are scientists. Here are some of as the Hines Foundation that do want this room. We are talking about real the highlights of my 2008 Senate mi- to stop the progress in this country. scientists who are out there. We are nority report featuring over 650 inter- But, anyway, back to some of these talking about 68 percent of the sci- national scientists dissenting from scientists. Victor Manuel Velasco Her- entists in Canada now have come to man-made climate claims. rera, a researcher at the Institute of recognize this. That was not true 5 Incidentally, this report I have—it Geophysics of the National Autono- years ago. Most were on the other side was my intention to make this report mous University of Mexico—I am cov- of this issue, but they have now looked of these 650 scientists a part of the ering all of these countries now. These at it and realize they have been duped. RECORD. However, very wisely this are the top scientists in these coun- This new report is the latest evidence body has said we do not want the ex- tries—states: of the growing groundswell of scientific pense. Something like this would be so Models and forecasts of the UN IPCC are opposition challenging significant as- overwhelming that some Senators who incorrect because they only are based on pects of the claims of the United Na- are conservatives would rather not do mathematical models and presented results tions IPCC and Al Gore. Scientific it. The report is here. It is a matter of and scenarios that do not include, for exam- ple, solar activity. meetings are now being dominated by a public record. You can get a lot of this Surprise, surprise. The Sun warms growing number of skeptical scientists. on my Web site, ewo.senate.com. The prestigious International Geologi- Nobel Prize Winner for Physics, Ivar things. U.S. Government atmospheric sci- cal Congress, dubbed the geologist’s Giaever, stated: equivalent of the Olympic Games, and entist Stanley Goldenberg of the Hurri- I am a skeptic . . . Global warming has be- cane Research Division of NOAA stat- held in very high esteem, was held in come a new religion. ed: Norway in August 2008, just a few Atmospheric Scientist Dr. Joanne months ago, and prominently featured It is a blatant lie put forth in the media Simpson, the first woman in the world that makes it seem that there is only a the voices of scientists skeptical of to receive a Ph.D. in meteorology, and fringe of scientists who do not buy into an- manmade global warming fears. The formerly of NASA, who has authored thropogenic global warming. conference was reportedly over- more than 190 studies and has been Geoffrey G. Duffy, a professor in the whelmed with skeptical scientists, called ‘‘among the most preeminent Department of Chemical and Materials with ‘‘two-thirds of the presenters and scientists of the last 100 years,’’ stated: Engineering of the University of Auck- question-askers who were hostile to, Since I am no longer affiliated with any or- land in New Zealand, stated: even dismissive of, the United Nations ganization nor receiving any funding, I can Even doubling or tripling the amount of IPCC.’’ speak quite frankly. . . . As a scientist I re- carbon dioxide will virtually have little im- Even the mainstream media in 2008 main skeptical . . . The main basis of the pact, as water vapor and water condensed on began to take notice of the expanding claim that man’s release of greenhouse gases particles as clouds dominate the worldwide number of scientists serving as ‘‘con- is the cause of the warming is based almost scene and always will. sensus busters.’’ A November 25, 2008, entirely upon climate models. We all know the frailty of models con- This has always happened. We have article in Politico—everyone in Wash- cerning the air-surface system. gone through these stages. I do not ington reads that—noted that a ‘‘grow- want to make this part without docu- Here, no one can argue with Dr. ing accumulation’’ of science is chal- mentation, but when we went through Simpson. lenging warming fears, and added that one of the other warming periods in The United Nations IPCC Japanese the ‘‘science behind global warming this country, it was back before they scientist Dr. Kiminori Itoh, an award- may still be too shaky to warrant cap- had the combustion engine, back before winning Ph.D. environmental physical and-trade legislation.’’ Canada’s Na- CO was even around yet. Here we are chemist, stated—this is from all over 2 tional Post noted on October 20, 2008, today with all of these people, the the world now, this is in Japan. that ‘‘the number of climate change names are the top scientists in the skeptics is growing rapidly.’’ New York Warming fears are the worst scientific world who are making these state- scandal in the history. . . .When people come Times environmental reporter Andrew to know what the truth is, they will feel de- ments. A lot of them used to be on the Revkin noted on March 6, 2008, ‘‘As we ceived by science and scientists. other side of this issue. That was back all know, climate science is not a num- Indian geologist Dr. Arun Ahluwalia when they were being threatened with bers game (there are heaps of signed of Punjab University, and a board withdrawal of various funding for the statements by folks with advanced de- member of the U.N.-supported Inter- projects they had, and now they are grees on all sides of this issue).’’ I national Year of the Planet, stated: back on the other side. agree with him, and it’s a shame that Andrei Kapitsa, a Russian geographer The IPCC has actually become a closed cir- and Antarctic ice core researcher, stat- we have had to resort to a numbers cuit; it does not listen to others. It does not game. It should be focused on objec- have open minds. I am really amazed that ed: tive, transparent and peer reviewed the Nobel Peace Price has been given on sci- The Kyoto theorists have put the cart be- science, and debate should not be quar- entifically incorrect conclusions by people fore the horse. It is global warming that antined. In 2007, Washington Post staff who are not geologists. triggers higher levels of carbon dioxide in writer Juliet Eilperin conceded the ob- the atmosphere, not the other way around Solar physicist Dr. Pal Brekke, sen- . . . A large number of critical documents vious, writing that climate skeptics ior advisor to the Norwegian Space submitted at the 1995 United Nations con- ‘‘appear to be expanding rather than Center in Oslo, has published more ference in Madrid vanished without a trace. shrinking.’’ than 40 peer-reviewed scientific arti- As a result, the discussion was one-sided and Skeptical scientists are gaining rec- cles on the Sun and solar interaction heavily biased, and the U.N. declared global ognition despite what many say is a with the Earth. Brekke stated: warming to be a scientific fact. bias against them in parts of the sci- Anyone who claims that the debate is over Prominent Hungarian physicist and entific community and are facing sig- and the conclusions are firm has a fun- environmental researcher Dr. Miklos nificant funding disadvantages. Dr. damentally unscientific approach to one of Zagoni reversed his view. He was on William M. Briggs, a climate statisti- the most momentous issues of our time. the other side of this issue, on man- cian who serves on the American Mete- These are all top scientists. No one made warming. He is now a skeptic. orological Society’s Probability and can discredit these people. You might Zagoni, once Hungary’s most out- Statistics Committee, explained that wonder, why is it that so many people spoken supporter of the Kyoto Pro- his colleagues described ‘‘absolute hor- want us to believe that maybe bad old tocol, stated that: ror stories of what happened to them man is responsible for those horrible Nature’s regulatory instrument is water when they tried getting papers pub- things that are going to happen, that vapor: more carbon dioxide leads to less

VerDate Nov 24 2008 00:42 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G08JA6.036 S08JAPT1 rfrederick on PROD1PC67 with SENATE January 8, 2009 CONGRESSIONAL RECORD — SENATE S201 moisture in the air, keeping the overall scientists who cannot be challenged— Earth has cooled since 1998 in defiance of greenhouse gases content in accord with the stated: the predictions by the U.N. IPCC . . . The necessary balance conditions. Creating an ideology pegged to carbon di- global temperature for 2007 was the coldest Again, that is a very prominent sci- oxide is dangerous nonsense . . . The present in a decade and the coldest of the millen- entist, perhaps considered the most alarm on climate change is an instrument of nium . . . which is why global warming is now called climate change. prominent scientist in Hungary. social control, a pretext for major business Geologist Dr. David Gee, the chair- and political battle. It became an ideology, This is kind of interesting. Next man of the science committee of the which is concerning. week I am going to put together what 2008 International Geological Congress, Dr. Takeda Kunihiko, vice chancellor has been happening recently in this who has authored 130-plus peer-re- of the Institute of Science and Tech- cooling period, the fact that we have viewed papers, who is currently at nology Research at Chubu University had records that are set all around the Uppsala University in Sweden, stated: in Japan, stated: United States and all around the world, For how many years must the planet cool CO2 emissions make absolutely no dif- and that is exactly what Dr. Richard before we begin to understand that the plan- ference one way or another . . . Every sci- Keen is talking about now. We are in a et is not warming? For how many years must entist knows this, but it doesn’t pay to say cooling period. It has to drive these cooling go on? so . . . Global warming, as a political vehi- global warming people nuts to have to Meteorologist Hajo Smit of Holland, cle, keeps Europeans in the driver’s seat and recognize that. developing nations walking barefoot. who reversed his belief—he was another Dr. G. LeBlanc Smith, a retired prin- one on the other side of this issue, an- Award-winning paleontologist Dr. cipal research scientist with Aus- other one of the many scientists who Eduardo Tonni of the Committee for tralia’s CSIRO, stated: Scientific Research in Buenos Aires reversed his belief on manmade warm- I have yet to see credible proof of carbon ing to become a skeptic—is a former and the head of the Paleontology De- dioxide driving climate change, let alone partment at the University of La Plata member of the Dutch U.N. IPCC com- manmade CO2 driving it. The atmosphere mittee. He stated: said: hot-spot is missing and the ice core data re- fute this. When will we collectively awake Gore prompted me to start delving into the The global warming scaremongering has from this deceptive delusion? science again and I quickly found myself sol- its justifications in the fact that it is some- idly in the skeptic camp . . . Climate models thing that generates funds. That is G. LeBlanc Smith of Aus- can at best be useful for explaining climate There we go again. All of these dif- tralia, one of the top scientists in Aus- changes after the fact. ferent groups and these foundations tralia. South African nuclear physicist and who will fund people who will agree to The distinguished scientists featured chemical engineer Dr. Philip Lloyd was support their political positions. in this new report are experts in di- also one of them who was very promi- Atmospheric scientist Dr. Art Doug- verse fields, including climatology, nent in the United Nations IPCC in las, former chair of the Atmospheric geology, biology, glaciology, biogeog- years past. He was the co-coordinating Sciences Department at Creighton Uni- raphy, meteorology, oceanography, lead author who has authored over 150 versity in Omaha, NE, and author of economics, chemistry, mathematics, refereed publications, and he stated: numerous peer-reviewed publications, environmental sciences, astrophysics, stated: The quality of CO2 we produce is insignifi- engineering physics, and paleoclima- cant in terms of natural circulation between Whatever the weather, it’s not being tology. air, water and soil . . . I am doing a detailed caused by global warming. If anything, the Some of those profiled have won assessment of the U.N. IPCC reports and the climate may be starting into a cooling pe- Nobel Prizes for their outstanding con- Summaries for Policymakers, identifying riod. tribution to their field of expertise and the way in which the Summaries have dis- And this is, by the way, something torted the science. many shared a portion of the U.N. that nobody questions now; we are IPCC Nobel Peace Price with Al Gore. I am actually getting that report. As going well into a cooling period. The notion of hundreds or thousands we have said, we have been looking at Chemist Dr. Patrick Frank, who has of U.N. scientists agreeing to a sci- these reports for policymakers for a authored more than 50 peer-reviewed entific statement does not hold up to long time. And those people on the articles, stated: scrutiny—just not true. other side would have you believe that But there is no falsifiable scientific basis Recent research by Australian cli- is the National Academy of Sciences, whatever to assert this warming is caused by mate data analyst John McLean re- that is the United Nations. It is not human-produced greenhouse gasses, because vealed that the IPCC’s peer-review scientists. This is a summary for pol- current physical theory is too grossly inad- process for the Summary for Policy- icymakers. These are politicians who equate to establish any cause at all. makers leaves much to be desired. The have an agenda. Award-winning NASA astronaut and Atmospheric physicist James A. moonwalker Jack Schmitt, who flew 52 scientists who participated in the Peden, formerly of the Space Research on the Apollo 17 mission and formerly 2007 IPCC Summary for Policymakers and Coordination Center in Pittsburgh, of the Norwegian Geological Survey, had to adhere to the wishes of the stated: and for the U.S. Geological Survey, United Nations political leaders and delegates in a process described as Many scientists are now searching for a stated: more closely resembling a political way to back out quietly (from promoting The global warming scare is being used as warming fears), without having their profes- a political tool to increase government con- party’s convention platform battle, not sional careers ruined. trol over American lives, incomes and deci- a scientific process. This is the intimidation I was talk- sionmaking. It has no place in the Society’s Only 52 scientists wrote the media- ing about. activities. hyped U.N. summary for policymakers, Geophysicist Dr. Phil Chapman, an By the way, I would have to add to and it was actually published by the astronautical engineer and former that, another one of the motivations in politicians and not the scientists. One NASA astronaut, who served as staff the United Nations is they are always former U.N. IPCC scientist bluntly told physicist at MIT, stated: critical of us when we threaten to EPW, our committee, how the United All those urging action to curb global withhold some of the funding, when Nations’ IPCC summary for policy- warming need to take off the blinkers and they are advocating policies that are makers distorted the scientists’ work. give some thought to what we should do if contrary to our policies in the United He said: we are facing global cooling instead. States. They would love nothing more I have found examples of a Summary say- Which, incidentally, happens to be than to have some type of a funding ing precisely the opposite of what the sci- going on right now. Environmental sci- mechanism where they did not have to entists said. entist Professor Delgado Domingos of be accountable to the United States or This was from South African nuclear Portugal, the founder of the Numerical any other nation. physicist and chemical engineer Dr. Weather Forecast Group, who has more Climatologist Dr. Richard Keen, of Philip Lloyd, a U.N. IPCC co-coordi- than 150 published articles—these guys the Department of Atmospheric and nating lead author who has authored are smart guys. This is not politicians Oceanic Sciences at the University of over 150 referred publications. A 2008 talking, these are the incontrovertible Colorado, stated: international report of the U.N. found

VerDate Nov 24 2008 02:26 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G08JA6.038 S08JAPT1 rfrederick on PROD1PC67 with SENATE S202 CONGRESSIONAL RECORD — SENATE January 8, 2009 its climate agency ‘‘rife with bad prac- from Germany, the Netherlands, and I conclude by repeating something I tices.’’ Others like to note that the Na- CNN. Even CNN, very much on the have said many times: Even if you be- tional Academy of Sciences and the other side of this issue, two more of lieve this, if you believe that manmade American Meteorological Society have their meteorologists have come over gas is a major cause of climate change, issued statements endorsing the so- and become skeptics, as well as profes- what good would it do for us unilater- called consensus view that man is driv- sors from MIT, the University of Ari- ally in the United States to impose a ing global warming. But both the NAS zona, and other institutions. One financial hardship, $300 billion a year, and the AMS never allowed member prominent scientist added was award- on people in the United States, when scientists to directly vote on these cli- winning Princeton University physicist all that would do logically is cause our mate statements. Essentially only two Will Happer, who was reportedly fired manufacturing base to further erode dozen or so members of the governing by former Vice President Al Gore in and to go to countries such as China bodies of these institutions produced a 1993 for failing to adhere to Gore’s sci- and India and Mexico, other countries consensus statement. This report gives entific views. Happer has now declared that have no emission restrictions at a voice to the rank-and-file scientists manmade global warming fears as mis- all. It would be a $300 billion tax on us who were shut out of the process. So taken. Happer is a professor in the De- every year, and it would have the effect they are very thankful. partment of Physics at Princeton Uni- of increasing the net amount of emis- Many of these scientists are glad versity and former director of energy sions worldwide. that we have this report so that they research at the Department of Energy Last year I didn’t say very much now have access to the truth and they who has published over 200 scientific about the science. In fact, when we had can come out from hiding. papers and is a fellow of the American the Lieberman-Warner bill up, I made The more than 650 scientists express- Physical Society, the American Asso- the statement: Let’s assume, for debate ing skepticism comes after the U.N. ciation for the Advancement of Sci- of this bill, that the science is all there IPCC Chairman Pachauri implied that entists, and the National Academy of and that it is settled. Then I pursued there were only about a dozen skep- Sciences. Happer does not mince words the economic argument. The other side tical scientists left in the world. when it comes to warming fears. He didn’t like it because they wanted to Former Vice President Gore has said: debate the science. I said: Let’s assume claimed that scientists skeptical of cli- I am convinced that the current alarm you are right. You are not, but let’s as- mate change are akin to flat Earth so- over carbon dioxide is mistaken . . . Fears sume you are. This is something that ciety members and similar in number about man-made global warming are unwar- we could not afford, the cost. Some- ranted and are not based on good science. to those who believe that the moon times we throw around big figures. I landing was actually staged in a movie As we face a new administration and often have said about the $700 billion lot in Arizona. It is a shame that pro- a U.N. eager to draw the U.S. into its bailout that I opposed and that 75 Sen- ponents have now been reduced to climate policy, let’s not forget that ators voted for, if you stopped and real- name calling. That is what we are get- this aspect of the debate is still alive ized the number of taxpayers or fami- ting now, name calling and insults. and well and only growing. We should lies who file a tax return and do the When you lose your logic, this is what not become weary of calling into ques- math, this comes to $5,000 a family. If happens. They start the name calling tion policy choices when they are driv- you look at this, this would be over and insults because they don’t have en by still evolving scientific assess- $2,000 a family every year. We want to logic. ment, especially when the stakes are so be sure we are right if we do some- Examples of consensus claims made high and the costs are so extraor- thing. Let’s go forward. Let’s look at by promoters of manmade climate dinary. Let us hope this administration it, but let’s pay attention more than fears: The U.N. special climate envoy and our news media recognize this new anything else at this time not just to Dr. Gro Harmel Brundtland, on May 10, reality as we move forward into this the economics but the fact that with- 2007, declared that the debate is over new Congress. out doubt, the science is shifting. This and added that ‘‘it’s completely im- On a personal note, it has been a report, 650 of the top scientists and moral, even, to question the U.N.’s sci- lonely fight. For the last 6 years I have growing every day, is conclusive in my entific consensus.’’ been talking about the Hollywood and mind that many of those individuals The U.N. Framework Convention on media-driven fear that tries to con- who were on the other side of this issue Climate Change Executive Secretary vince us that those who are fueling this are now standing up to the intimida- said it was criminally irresponsible to machine called America are somehow tion and have become skeptics. ignore the urgency of global warming. evil and fully responsible for global I yield the floor and suggest the ab- This was on November 12, 2007. warming. This is absurd. We all know sence of a quorum. ABC News global warming reporter better. It does take power to run this The PRESIDING OFFICER (Mr. Bill Blakemore reported on August 30, machine we call America. In the past, WHITEHOUSE). The clerk will call the 2006: the only argument that defeated all roll. After extensive searches, ABC News has the cap-and-trade schemes was the eco- The legislative clerk proceeded to found no such [scientific] debate on global nomic argument. I think you can argue call the roll. warming. each one differently, saying no, this Mrs. SHAHEEN. Mr. President, I ask While the dissenting scientists con- wouldn’t cost the same as adhering to unanimous consent that the order for tained in the report hold a diverse emissions required by Kyoto back in the quorum call be rescinded. range of views, they generally rally the Kyoto treaty days. But any time The PRESIDING OFFICER. Without around four key points. No. 1, the you get into a cap and trade of CO2, it objection, it is so ordered. Earth is currently well within national is going to cost about $300 billion annu- f climate variability. We are talking ally in taxes. I was critical of my col- ECONOMIC CHALLENGES about 650 of the top scientists in the leagues, the 75 Senators who voted to world. No. 2, almost all climate fear is give an unelected bureaucrat, Sec- Mrs. SHAHEEN. Mr. President, I rise generated by unproven computer model retary Paulson, $700 billion to do with to discuss the urgent need to address predictions. No. 3, an abundance of as he wished with no oversight. I was our Nation’s economic challenges and peer-reviewed studies continues to de- critical of that. Of course, that is a to suggest that a major part of our ap- bunk rising CO2 fears. No. 4, consensus one-shot deal. This was every year, a proach should be to invest in clean al- has been manufactured for political $300 billion annual tax increase. It was ternative energy and energy efficiency. and not scientific purposes. Those four too much, even if the science was fully Before I get into my remarks, it has things, all of these 650 top scientists in settled. been a very exciting few days for me. the world agree to. Now the science is shifting dramati- Since being sworn in as the junior Sen- Since I released the report on Decem- cally to the other side. So I believe we ator from New Hampshire, and as this ber 11, other scientists have contacted need to be looking, even if we use their is my first speech on the Senate floor, us to be included. own figures of $6.7 trillion as the cost I want to begin by thanking Majority On December 22, 11 more scientists of the life of a similar bill to the Leader REID, Minority Leader MCCON- were added, including meteorologists Lieberman-Warner bill. NELL, our senior Senator from New

VerDate Nov 24 2008 00:42 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G08JA6.040 S08JAPT1 rfrederick on PROD1PC67 with SENATE January 8, 2009 CONGRESSIONAL RECORD — SENATE S203 Hampshire JUDD GREGG, and the entire These investments are necessary to That was a fortunate day in my life Senate leadership for their warm wel- get our economy moving again. But as because even though I took credit for come and support. we must invest, we also must develop a the Taxpayers’ Bill of Rights passing, On November 4, voters in my State of comprehensive plan to address the Na- it would never have happened if not for New Hampshire went to the polls and tion’s ballooning budget deficit and the David Pryor. He worked the last night demanded a new direction, just as vot- enormous national debt we have inher- of this session—I was in Nevada—he ers did across the country. I am eager ited. Our Nation’s financial strength was on that Finance Committee, and to work with my fellow Senators and tomorrow depends on our careful plan- they were trying to complete the con- with our next President, Barack ning and prudent investments today. ference. Anyway, he got it done. Obama, to fulfill that promise of In November, Americans cried out for These maiden speeches are meaning- change. The challenges before us are a new way of doing business in Wash- ful because you will never forget the great. For 11 months in a row, the ington. I applaud President-elect speech you have given. number of jobs in our Nation has de- Obama for leading the way with the Now, for JEANNE SHAHEEN, I have had clined. More and more families across most open and transparent transition such admiration for her for such a long the country are losing their homes to process in our Nation’s history and be- time. We all watched as she presided foreclosure, and too many Americans lieve we must continue that trans- over the State of New Hampshire as watched their retirement savings evap- parency. We must recommit to ac- Governor. She did a remarkably good orate last year. countability and oversight, and we job. When I learned she wanted to run It is no exaggeration to say that this must end the partisan gridlock that for the Senate, I was excited because 111th Congress and President-elect has stymied progress for too long. I am this great statesperson, with this en- Obama will face some of the most dif- committed to working across the aisle gaging smile and her ability to work ficult challenges in our country’s his- to make Washington work again for hard, which everyone knows about, is tory. These problems were created over middle-class American families. going to leave her in good standing many years, and they will not be Tuesday, when I took the oath of of- here in the Senate. solved quickly. But Americans have al- fice as a Senator, I made a commit- I say to my friend from New Hamp- ways united to meet great challenges, ment to embrace the opportunities shire, the junior Senator from New and I have no doubt that we will do so that lie ahead and to help lead our Na- Hampshire, I appreciate the Senator once more. tion in a new direction. I am eager to running for the Senate. The people of Our first task is to get our economy begin. the State of New Hampshire are going back on track by putting middle-class Thank you, Mr. President. to reap benefits from that decision for families first again and creating good I yield the floor and I suggest the ab- many years to come. jobs. As the recession continues, it has sence of a quorum. f become clear that a bold economic re- Mr. REID addressed the Chair. covery package is necessary. This The PRESIDING OFFICER. The ma- TRIBUTE TO SENATOR ROBERT package must focus investment in jority leader is recognized. BYRD areas of the economy that will provide Mr. REID. Mr. President, could I ask Mr. KENNEDY. Mr. President, I join the recovery we need and lay the foun- my friend from New Hampshire to Senators on both sides of the aisle in dation for long-term economic growth. withhold her request? paying tribute to our dear colleague Investing in our Nation’s infrastruc- Mrs. SHAHEEN. I say yes to the ma- and dear friend from West Virginia on ture will both create needed jobs in the jority leader. I did not see the majority this historic occasion of his 50th anni- short term and foster economic devel- leader on the floor. I apologize for that. versary in the Senate. On January 7, opment in the long term. There are I withdraw my request. 1959, ROBERT C. BYRD was sworn in as a critical capital projects throughout the The PRESIDING OFFICER. The re- Senator for the people of his beloved State of New Hampshire and the coun- quest is withdrawn. West Virginia, and in the years since try—projects such as repairing and up- The majority leader is recognized. then, he is become truly one of the grading our roads and bridges, modern- f greatest Senators ever to serve in this izing our public schools and higher edu- CONGRATULATING SENATOR Chamber. cation facilities, and replacing out- SHAHEEN I have served with BOB for 46 of those dated water treatment plants, and years. I have immense respect for him, other municipal projects. These invest- Mr. REID. Mr. President, I wanted to and I am proud to say that we have be- ments will create jobs and lay the be here to listen to JEANNE SHAHEEN come close friends. I love ROBERT C. groundwork for sustained economic give her maiden speech. Of course, it BYRD. growth. brings back a flood of memories of my It wasn’t always this way. There was We also need a bold investment in en- maiden speech. I was so fortunate, I a time that Senator BYRD and I were ergy efficiency and clean alternative tell everyone, on that initial speech. I rivals, each with eyes on the position energy. These investments in new en- had served a couple terms in the House, of majority whip. I was elected to that ergy will create millions of 21st cen- and I had been trying to get something position after the 1968 election, but as tury green-collar jobs, begin to reverse called the Taxpayers’ Bill of Rights I have often said, BOB taught me how global warming, and start on the path passed. The subcommittee chair in the to count votes in 1970 when he defeated to energy independence. House made fun of my legislation. I did me for reelection. It turned out to be a New Hampshire small businesses al- not get anywhere with that. But I be- blessing for both of us. ready are leaders in the new energy lieved in it, so I marched over here— BOB would go on to become one of the economy, making everything from and I had the last seat way back in the finest majority leaders in the history wood pellets to ethanol, from forest by- corner over there—and I gave my first of the Senate, and the defeat freed me products to solar panels and biofuels. speech, and it was on the Taxpayers’ to concentrate on my legislative pas- We have seen firsthand how investment Bill of Rights. sions of health care, education, labor, in clean energy creates good jobs up Fortunately, I say to the Presiding and civil rights. In a very real sense and down the economic ladder—ad- Officer, David Pryor—MARK PRYOR’s BOB liberated me, and as our leader in vanced manufacturing jobs, highly father—was presiding. He was a mem- many of those years he was especially skilled construction jobs, jobs install- ber of the Finance Committee and the helpful in accomplishing my goals. ing solar panels and energy-efficiency chairman of the subcommittee that The BOB BYRD I have come to know is systems, jobs selling and delivering had jurisdiction over the IRS. CHARLES a patriot, a passionate defender of the new fuels. These are good jobs. They GRASSLEY was listening to my speech. Constitution and the special role of the are jobs that cannot be outsourced There were not many more people than Senate, and an eloquent historian of overseas. I am honored I will be joining there are right now on the floor. But the Senate, who has brilliantly served the Senate Committee on Energy and David Pryor sent me a note saying: I the people of his State. Natural Resources to work on these like this. Let me help you. And CHUCK I have so many wonderful memories very issues as we develop a real energy GRASSLEY communicated with me say- of our relationship, but there are two policy for the future of this country. ing he would help. recent ones I want to mention here.

VerDate Nov 24 2008 00:42 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G08JA6.041 S08JAPT1 rfrederick on PROD1PC67 with SENATE S204 CONGRESSIONAL RECORD — SENATE January 8, 2009 The first has to do with the Iraq war. history. This includes Senate majority Senator BYRD was born and raised in When President Bush set us on this whip, chairman of the Democratic Con- humble circumstances. The loss of his course, few had the courage and ference, Senate minority leader, and mother at the age of 1 left him a vir- strength to question, let alone oppose, Senate majority leader. Currently, tual orphan, and he grew up in West this rush to war, but BOB BYRD stood BYRD is the President pro tempore. Virginia’s coal country. The Great De- strong against it. Facing enormous Throughout his career, Senator BYRD pression postponed the young ROBERT pressure, he led the opposition. He was has cast more than 18,100 roll call votes BYRD’s education, but it did nothing to in the minority—a lonely minority— in five decades of service in the Senate. hold back his lively and agile mind or but he was unbowed. He was right, and Senator BYRD is also the longest his passion to seize on America’s prom- I am sure that history will judge his serving member of the esteemed Appro- ise of equal opportunity. In 1946, he en- courageous leadership well. priations Committee. He has served as tered West Virginia’s House of Dele- The second memory is of a campaign its chairman or ranking member since gates, and sought progressively higher trip I took to West Virginia in the fall 1989. After many distinguished years of offices. Finally, in 1958, he arrived in of 2004 to support our candidate JOHN service, he has stepped down from his the Senate and found his ‘‘home.’’ KERRY. We crisscrossed the State from leadership position but will remain an It is said that education opens doors, Charleston to Mingo County, and what important voice on this committee. I but in Senator BYRD’s case, we learn I saw everywhere was the extraor- have enjoyed serving with him on the that the doors it opens may not be the dinary love and affection the people of Appropriations Committee and have ones that we expect. For him, he was West Virginia have for BOB and that he learned a tremendous amount under already a Member of the House of Rep- has for them. It was an amazing and his leadership. resentatives when he began work to touching thing to sense the deep bond There are other sides to Senator earn his J.D. Ten years of night school between this great man and the people BYRD that have contributed to his life’s finally earned him the degree as a sit- he has so ably represented in Wash- accomplishments, his achievements as ting Senator. ington for so long. It is an experience I a musician and author. Senator BYRD So what doors did his studies open? will never forget. learned to play the fiddle at a young After all, he was already one of the Na- Now, as we reflect on his unparal- age and carried it with him everywhere tion’s highest officials. leled career in the Senate on this spe- he went. His skill with the instrument Education, a love of history, the dis- cial 50th anniversary, I congratulate led to performances at the Kennedy cipline of rigorous study, the independ- our friend. I thank him for all he has Center and on a national television ap- ence of thought. If you think about it, done so well for so many for so long. pearance on ‘‘Hee Haw.’’ He even re- these are the very qualities that our On this golden anniversary of his ar- corded his own album, ‘‘Mountain Fid- American democracy most depends on. rival in the Senate, I think of the fa- dler.’’ He is also the author of a mag- And by cultivating them, Senator mous lines of A. E. Housman about the isterial four volume set about this BYRD grew in his capacity to serve his ‘‘golden friends’’ the poet had. BOB body entitled ‘‘The Senate, 1789–1989’’ home, serve his Nation, and to serve BYRD is our golden friend, and we are and other works. the Senate. all deeply honored to have the privi- No tribute to Senator BYRD would be Mr. BYRD served as the Senate major- lege of serving with him. complete without mentioning his life’s ity leader from 1977 to 1981, and many Mr. DORGAN. Mr. President, I would love, Erma Ora James. For nearly 69 believe it is in recognition of that time like to add my congratulations to Sen- years, the Byrds were inseparable, that I continue to call him ‘‘Mr. Lead- ator ROBERT C. BYRD for his historic traveling throughout their native West er.’’ But I would like to take this op- achievement today. Senator BYRD ar- Virginia and crossing the globe to- portunity to set the record straight. rived in the Senate 50 years ago. For gether. Sadly, Mrs. Byrd passed away Mr. Leader. My dear friend. Protocol decades, he has defended the Constitu- on March 25, 2006, but Senator BYRD dictates that anyone who served as ma- tion and the principles upon which it speaks lovingly of her and their life to- jority leader should retain the title for stands. Senator BYRD is truly a states- gether each day. life. Even in the absence of protocol, man, a patriot, a proud son of West The times have changed considerably however, my heart would demand that Virginia, and an important voice in the since Senator BYRD was first elected to I rise and salute you as leader of this history of this country. the West Virginia House of Delegates institution. Congratulations on this The people of West Virginia defi- and eventually the U.S. Senate. We milestone, Mr. Leader. We have worked nitely know that they have a champion have seen a man walk on the Moon. We together for many years, and it will be who will stand up for them. Senator have mapped the human genome, and a distinct honor to continue working BYRD has never forgotten the hard life we have seen unbelievable techno- with you on the Appropriations Com- that he had as a boy growing up in pov- logical advances that have changed the mittee and in the Senate. erty in the southern West Virginia way we live, work and communicate. coalfields. He has always remained true But through it all, the one constant is f to his faith and his family and has Senator BYRD’s steadfast championing WORKING FAMILY CHILD worked to build a better future for of our Constitution and the people of ASSISTANCE ACT West Virginia and the Nation. West Virginia. I join my colleagues in In the history of our great Nation, offering my hardy congratulations to Ms. SNOWE. Mr. President, yester- Senator BYRD has served longer than him on this important day. day, I joined Senator LINCOLN to intro- all but one Member of Congress and has Mr. INOUYE. Mr. President, today duce legislation to make permanent been a committed public servant. Sen- marks the 50th anniversary of Senator the tremendous change Congress en- ator BYRD first came to Washington in ROBERT BYRD’s service to this most acted last October to enhance the re- 1953 as a Congressman and served three American of institutions: the United fundable child tax credit. To assist terms in the House before being elected States Senate. working families, Congress reduced the to the Senate. Senator BYRD quickly ‘‘Service to the Senate’’—I have cho- amount of earnings a family must have learned the rules and procedures that sen these words intentionally, and with to qualify for the refundable child tax make the Senate run. He used these to care. To serve in this hallowed cham- credit to $8,500 for 2008 from the $12,050 his advantage while serving as the Sen- ber is to meld service to home and that prevailed prior to passage of the ate majority leader and in other key community with service to the Nation Act. Unfortunately, because Congress leadership positions. On June 11, 2006, as a whole. It is a distinction that we did not make the incentive permanent, Senator BYRD became the longest serv- are all privileged to share. families will have to earn at least ing U.S. Senator in history, and in No- But through his five decades in this $12,550—$4,050 more—this year to take vember 2006, he was elected to an un- Chamber, ROBERT BYRD’s service has advantage of the incentive. precedented ninth full term. transcended the ordinary to rise to the At a time in which the economy is in During his tenure, his colleagues absolute allegiance our country has recession and many have to work two have elected him to more leadership only rarely received over her long his- or even three jobs to put food on the positions than any other Senator in tory. table, it would be unconscionable to

VerDate Nov 24 2008 00:54 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G08JA6.020 S08JAPT1 rfrederick on PROD1PC67 with SENATE January 8, 2009 CONGRESSIONAL RECORD — SENATE S205 make families toil even harder to pro- et this year than she did last year. Put We are grateful for the aid the government is vide their children with life’s neces- another way, she won’t have the money giving us but sorry that it is not used for sities. That is why I am so proud to in- that is so necessary for her to clothe what they meant it for but instead find our- troduce the Working Family Child As- her child and put gas in the car. What selves using it to pay the oil companies. To try to limit the use of such fund we tend to sistance Act to permanently set the is even more regrettable is that the stay home more and visit family less but amount of earnings necessary to qual- $554 amount will only grow next year even with that sacrifice we still see the ify for the refundable child tax credit because the $12,550 she needed to earn money slowly seeping out due to gas prices. at $8,500. this year is adjusted for inflation and Thank you for your efforts, Last October’s change to boost the will increase. BLAKE. refundable child tax credit took a sig- Let’s do the right thing and make nificant time to materialize, and al- permanent the sensible change Con- Our government’s inaction in this energy though the road was long, it was a gress made last year to set the earn- crisis is in my view the greatest act of trea- worthwhile journey. Indeed, our work ings threshold for the refundable child son by a group of Americans in recent mem- ory. Inaction and pointing fingers at each began in 2001 when I pushed to make tax credit at $8,500. Our families and other is unacceptable behavior by a govern- the child tax credit refundable for our country are better off when Gov- ment who is ‘‘supposed’’ to be looking after workers making around the minimum ernment lets people keep more of what the best interests of the American people. wage. As enacted in 2001, a portion of a they earn, particularly the most vul- We have every ability to provide for our en- taxpayer’s child tax credit would be re- nerable among us. Parents deserve ergy needs with our own resources while we fundable—up to 10 percent of earnings their per-child tax credit, and this bill work to conserve and provide the energy re- above $10,000. rewards families for work. sponsibly in our environment. The fact that Not resting on our victory in 2001, in In conclusion, I would note that our government is allowing the American 2004, Congress passed the Working President-elect Obama was a stalwart people to be held hostage by the world on this issue is tragic and has enhanced my Families Tax Relief Act of 2004, which supporter of our efforts as a Member of view that the corruption is not with our in- increased from 10 percent to 15 percent the Senate, and I hope that he will dustries but with those that we are electing. the portion of the child tax credit that work with Congress so we can help an JAY. is refundable. Although the legislation additional 1 million children, whose increased the amount of the refundable parents and guardians struggle every Trucks move the nation and the price of child credit, it failed to increase the day to take care of them. diesel is hurting everyone. MARGE. number of families eligible for the ben- f efit. The reason was that it did not re- IDAHOANS SPEAK OUT ON HIGH I see my married children struggle to buy duce the amount of earnings a family ENERGY PRICES gas for their cars—money that should go to must have to qualify for the incentive. Mr. CRAPO. Mr. President, in mid- food, medical, and housing costs. Worse still, the earnings threshold rose Two years ago, in my construction busi- each year because it was adjusted for June, I asked Idahoans to share with ness, it would not have mattered whether a inflation. The consequences were seri- me how high energy prices are affect- job was 3 miles away or 30 miles away, but ous for low-income Americans living ing their lives, and they responded by now I cannot bid a job without adding extra paycheck-to-paycheck because it the hundreds. The stories, numbering for fuel for added distance. All of our con- meant that tens of thousands of low-in- well over 1,200, are heartbreaking and struction materials are going up also. How come families were left completely in- touching. While energy prices have long will the economy stand this? It is frustrating to see the congress do eligible for a credit they should re- dropped in recent weeks, the concerns expressed remain very relevant. To re- nothing to help relieve the pressure of this ceive. on the nation. Raising taxes will not help. To ensure that low-income families spect the efforts of those who took the Just doing something about the environ- could get the benefits that they so opportunity to share their thoughts, I mentalists will help. Stop the government rightly deserve, I worked with my col- am submitting every e-mail sent to me controls and get drilling for oil and build leagues to introduce legislation in both through an address set up specifically some refineries. 2005 and 2007 to reduce the earnings for this purpose to the CONGRESSIONAL Thank you for what you do, Senator Crapo. threshold for the refundable child tax RECORD. This is not an issue that will I know that you are for drilling because I watch your voting record. I also listen to credit to $10,000 and to de-index that be easily resolved, but it is one that de- serves immediate and serious atten- you on ‘‘Probing America’’. The United amount for inflation. As I mentioned, States needs more people like you. we were more successful than that last tion, and Idahoans deserve to be heard. ALLAN, Shelley. year when Congress lowered the earn- Their stories not only detail their ings threshold for 2008 to $8,500. struggles to meet everyday expenses, Living in Southeast Idaho with its wide Unfortunately, we cannot rest on our but also have suggestions and rec- open spaces can be both a blessing and a laurels and must get right back to ommendations as to what Congress can curse. As an educator and a proud parent, I work. This year, because the incentive do now to tackle this problem and find am deeply concerned about the rising energy we passed last October was effective for solutions that last beyond today. I ask costs. I work fifteen miles from where I live. just 2008, only taxpayers earning over unanimous consent to have today’s let- That translates to thirty miles round-trip. I choose to work in a rural school district and $12,550 are eligible to receive the re- ters printed in the RECORD: am proud to do so as I believe every district fundable portion of the child tax credit. There being no objection, the mate- deserves quality teachers. As you are well Low-income families earning less than rial was ordered to be printed in the aware, educators are already some of the that amount are shut out of the child RECORD, as follows: poorest paid in this great state. I fear that I tax credit completely. Thank you for asking about our story and may not be able to afford to keep my job, but As an example of how crucial it is to giving us an opportunity to help. Me and my I can also not afford to lose it. One thing I enact our legislation to permanently wife are students at BYU-Idaho and have one am sure of and that is that Washington does set the threshold for the refundable child on the way. The situation that we are not know about the special needs of our state as far as transportation is concerned. I credit at $8,500, let’s look at the fol- in requires us to drive to school and work. We use about 2 tanks of gas a month and am glad that you can present our situation lowing example. A single mother who that is just business travel and does not in- to them. earns the current minimum wage of clude any enjoyment travel such as going to STEPHANIE. $6.55 per hour and works a 40 hour week see family which has been very limited late- for all 52 weeks of the year would earn ly. My job consists of working at a Thai res- Our business is ATV Alternatives, LLC in $13,264. Accordingly, under the law ef- taurant as a waiter for only 10 hours a week Caldwell. Our product is a fantastic utility fective for 2009, her refundable child because with my heavy school load; that is vehicle imported to the USA from abroad tax credit would be $161. In contrast, if all I can do. My wife does not work and is 37 that gets nearly 40 MPG and is increasingly the earnings threshold were set at weeks pregnant and attending school. Luck- popular to businesses (especially dairies, ily we have received government financial farms, ranches, recreational users) who see $8,500, her refundable child tax credit aid for school, which consists of Pell grants. value in using a smaller vehicle that can would jump to $715. Thus, if Congress This money helps but we find that instead of carry a variety of things along with a second does not change the law, that mother using that money the government gave us passenger in an enclosed cab. It gets 2–4 will have 554 fewer dollars in her pock- for education, we are using it to pay for gas. times better mileage than other products

VerDate Nov 24 2008 00:54 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G08JA6.031 S08JAPT1 rfrederick on PROD1PC67 with SENATE S206 CONGRESSIONAL RECORD — SENATE January 8, 2009 being used (pickups being underutilized 10 High gasoline prices are due as much to a nies, (5) develop policies that will curtail en- MPG, ATVs getting 15–20 MPG, UTVs getting weak dollar as to increased global competi- ergy speculators from driving up prices and 20–25 MPG, or tractors getting 4–12 gallons tion for the world’s petroleum. Our nation’s (6) provide incentives for non oil based pow- per hour. industrial and technological base is rapidly ered automobile production. Increasing prices for fuel is increasing de- eroding, both in real terms and relative to JAMES, Bonners Ferry. mand but commuting to the office, deliv- the rest of the world. As a consequence, we ering vehicles, and overall shipping costs (es- have less to offer in exchange for the petro- Thanks for your concern in this matter. I pecially over the ocean, on rails and by leum and other products we import. am a soon-to-be 67 year old, retired, on a truckers) have dramatically gone up as well. The nation’s 20th century rise to power co- fixed income. My wife and I live approxi- Further, increasing international competi- incided closely with its ability to dominate mately 20 miles NW of Couer d’Alene. I am tion for the same used ‘‘Kei’’ class Mini the world’s energy market. We exported the thankful for our wood stove as it allows us to Trucks along with the drastic decline of the lion’s share of the world’s petroleum and, keep our heating costs reasonable. Not so U.S. Dollar versus the Japanese Yen have importantly, we manufactured the auto- when it comes to gasoline. The prices in also dramatically increased product costs mobiles and machines that used it. For the Rathdrum are near $4 per gallon, and it (upwards of 75–100% increase versus 2006). United States, both literally and figu- looks like prices will continue to rise. We do The margin is now too thin to really let this ratively, energy has been the source of need four wheel drive vehicles around here. business generate the income we need it to power. My truck is indispensable in so many things . . . it looks like a great little business needs Today’s high petroleum prices signal a I do, including a logging ministry that a a buyer; know anybody interested in a great window of opportunity for the United States. friend and I are engaged in. Yes, we cut trees opportunity that can easily and syner- As the world’s largest energy consumer, we and give the proceeds away. Keeping nothing gistically combine with another Farm are in a unique position to define the alter- for ourselves. With our grandchildren on the Equipment, Vehicle, or Recreational Vehicle native energy technology that the entire coast, the cost of traveling is now being con- dealership? We are going broke commuting world will use for decades. We can, as a na- sidered more and more. Where does it end? for this single product company . . . tion, choose to regain our preeminence as What I have been asking for years is why, Oh, Customs wants to tariff these as if the world’s largest energy supplier by devel- when we have been blessed with oil and nat- they are road legal an extra 25%, but DOT oping and manufacturing the energy produc- ural gas reserves that will provide this eco- and DEQ does not want them here at all tion, distribution, and storage systems that nomic engine to our country, are we still (ATV manufacturers pay lobbyist and law- the world will use. This will decrease our de- choosing to allow our energy policy to be yers well). pendence on foreign petroleum, revitalize dictated by people who want to prohibit our We are open to offers, ideas, and customer our industrial base, and rid us of the trade energy independence and prosperity. It orders (for now). deficit that is sapping our buying power. makes no sense. As is being reported regu- ROY and ARLENE, Caldwell. MICHAEL, Boise. larly, food costs are rising at an alarming rate due to the cost of transportation. I chal- I have a beautiful wife and four handsome One good step toward actually doing some- lenge you and others who we elected to rep- boys. Gas prices are really hurting our fam- thing about gasoline prices would be to real- resent us, to begin setting the stage for oil ily. Last November (2007), we were lucky to ize that the oil ‘‘prices’’ quoted daily in the exploration/drilling, and to promote the use have twin boys born to us three months and media do not represent the oil companies’ of nuclear energy, among other sensible a week early. The doctors gave them a 50% costs for their raw material. They are taken items. chance of living. They were in the hospital I hope this is not in the ‘‘for what is it for three months and a little bit. We have in- from the commodities futures trading mar- kets, and have no bearing upon what it costs worth’’ category, but that you are indeed surance but with doctors asking for money deeply concerned about this self-imposed di- and continuous doctors’ appointments, my an oil company to pump oil out of the lemma. And a self-imposed, and totally solv- little paycheck is having a very rough time ground. The oil companies do and will use able problem it is. trying to afford rising gas prices, doctor the futures markets as cover for increasing JOHN. bills, house mortgage, car payment, and stu- their prices, but the fact is that when the price in the commodities market goes up dent loans. I bring home about $1,250 a pay- With my household, it has been a bit hard. check. I have one house with a mortgage of that does not mean the gasoline producers’ costs go up too. It is obvious to any thinking When I first bought my Dodge neon, I was $1,260 a month, one car with payments at putting about $15 in my tank every two $244 a month; we do not have internet, cable, person that, in fact, the oil companies do not get their crude oil through the futures mar- weeks. But that was back in 2004 when my magazine subscriptions, cell phones, or any husband and I could buy a house for close to of the other extras that this wonderful life kets. If Congress wants to do something worth- nothing. Now I easily spend $40 every two can afford. If you really start adding the weeks and that is if I do not drive anywhere number together, I do not really make that while, it could require that oil futures trad- ing be confined to buyers who will take ac- but school and back. Then add on our house much. And the gas prices are really hurting bills which is $1,000 with utilities, then food me and my family, not to mention all the tual physical delivery of the oil ‘‘purchased.’’ which is $200 a month, phone is $50 a month, other young families around me. Some peo- As it is, quoted oil futures prices are merely the internet which I need for school is also ple in life are just starting out, they do not analogs for the general value of the dollar, $50 a month, and my husband only makes have the high paying job, let us think twice not for the true cost of oil or the decent $700 every two weeks. My husband was also before we raise the price of gas. We do not price of retail gasoline. asked to step down by Micron and they want to be the cause kids not being able to JAMES. docked his pay. I am 26 years old and cannot go to the doctor’s office because we cannot seem to find a job so I went back to school afford to drive there. Senior citizens can either buy gas or gro- to enter the medical field. So that leaves the ANCLE, Idaho Falls. ceries but not both so the groceries win out of course and we stay at home. Do some- only one working is my husband and he has Recent gasoline price increases have in- thing! to work 12-hour shifts three to four nights a duced my wife and I to spend more time on ANNETTA. week. Now he is forced to work almost five our bicycles. I am feeling better, she’s nights or six nights a week just to pay for lookin’ good, and we have each lost 10 I wish to respond to your email concerning food, bills, and maybe Oreo’s if we are lucky pounds. High pump prices have motivated a current energy prices. The current energy for luxury. Plus we have to pay for my healthy self examination of our lifestyle. prices have had a profound effect upon my school bills, which means sometimes our Metaphorically speaking, the nation could retirement. In May, we turned off our pro- phone is shut off or we miss a house pay- benefit from the loss of a few pounds. The pane powered furnace for the summer and ment. I was a stay-at-home mom but now I current gas crunch will be good for the na- fall. The price of propane has increased from am forced back into the working world. And tion insofar as it motivates instrospection $1.09 per gallon four years ago to $2.59 per all I can do at the end of the day is cry alone and reasoned change in our national energy gallon a month ago. Also, we turned off the at night and hope we can get through the habits. pilot light to our gas fireplace. next week. We have thought about moving I fear, however, that the nation will choose Our family is spread from Oregon to Geor- but that would mean renting and they will political expedience instead of the changes gia. The current price of gas has resulted in not allow our dogs to go into the rentals. that will assure our country’s long term our inability to afford trips to visit our chil- And I am not about to give up my dogs. The health. Rather than wean ourselves from pe- dren and grandchildren. Our children cannot only thing keeping me going half the time is troleum, we will be tempted to increase do- afford to visit us. We now make sure that I will be graduating next year with an asso- mestic oil production. Such an increase, trips to town are fewer and with more er- ciates degree in medical specialist. And that however, would be gobbled up by the global rands accomplished per trip. will hopefully help me to find a job to help market, and do little to ameliorate condi- Our government needs to (1) open all areas my family out. tions at home. To be sure, domestic petro- to oil drilling, (2) Increase development of DANIELLE. leum development might be a part of a com- solar power technology to include vast solar prehensive energy policy, but relying on do- collection arrays in the unused desert areas, High energy prices are taking a toll on not mestic production as the centerpiece of the (3) consider nuclear energy power develop- just me, but my community. Because of the nation’s energy plan would be foolish. ment, (4) do not overtax our energy compa- rise in gas prices, I can no longer afford in

VerDate Nov 24 2008 00:54 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A08JA6.019 S08JAPT1 rfrederick on PROD1PC67 with SENATE January 8, 2009 CONGRESSIONAL RECORD — SENATE S207 my budget to do something that I love to have only seen the beginning. OPEC has held 26 years of her life and she became a do—volunteer. I have volunteered with Fam- America hostage with these prices. legend in our city. She lived on the ily Services Alliance of Southeast Idaho for LARRY. streets, but her plight never deterred a year, but as the price of gas got over 3$ a f gallon, I had to stop. One part of the job is her gentle spirit. She found a home and to be able to drive to homes of victims of do- ADDITIONAL STATEMENTS a family in the volunteers and the fel- mestic violence when the police ask for an low guests at the Women’s Lunch advocate. The best way to help a victim of Place, the famed daytime shelter in sexual assault or domestic violence is to em- TRIBUTE TO DEBRA BROWN the city for poor and homeless women. power them by showing them that they are STEINBERG She went there every day after the not just victims, they are survivors. But to shelter opened in 1982, and she became ∑ Mr. BROWNBACK. Mr. President, I do this, you need to go where they are and a familiar face and beloved friend to intervene immediately. It requires taking a commend Debra Brown Steinberg, an many other members of the commu- car. While it pains me to have to cut this out extraordinary woman who I have had of my activities, I have already cut back in nity. the honor of working with for the last Stella had an amazingly positive im- other ways and it was a hard decision to few years. make. pact on every person she met. She is Debra has been a tireless fighter for DIANA, Pocatello. very fondly remembered as very grate- the families of 9/11 victims. While con- ful, very amicable, and very kind. Year I have been a small business owner, (one tinuing to work fulltime as a partner after year, the Women’s Lunch Place that pays taxes and one of the thousands of at the law firm of Cadwalader, tried to persuade her to accept hous- small businesses that support this country) Wickersham & Taft LLP, Debra spear- for over thirty-five years. I am amazed and ing, but her indomitable spirit led her headed her firm’s pro bono efforts to to decline such assistance. Finally, deeply troubled by the political chaos in our assist the families left behind. country and the energy crisis that is bank- when the pressures of daily living on rupting this country. Our raw materials have The cases she handled were com- the streets became unbearable even for raised three or four fold over the last few plicated, involving myriad issues. Stella, she graciously accepted the years and the energy situation is driving Many families faced social service, fi- help of those around her and spent the many small businesses out of business. I see nancial and immigration complica- last 2 years on her life in the Pine the effects trickling down to food and other tions. Rather than addressing simply Street Inn. essentials. Many families are in deep trouble the legal aspects of each case, Debra and I see it becoming drastic if something is Even then, Stella unfailingly came worked to connect organizations, agen- back to the Women’s Lunch Place as not done in a short period of time. I do not cies, and policies to tackle cases in mean in a few years. If Congress does not often as she could, to seek out the fa- take steps immediately to put a stop to this their entirety. miliar faces and friendships she cher- runaway disaster, America will never re- In May of 2002, New York State ished so much there. Sadly, Stella cover and we will never have a quality of life passed the September 11 Victims and passed away on New Year’s Eve, in the again in America. Families Relief Act, large portions of company of those who loved her for the I hate to seem gloomy but I see business which Debra helped draft. She also con- and families everyday that are panicked. joy she had given to their lives. In tributed to the Federal September 11th many ways, Stella exemplified the When we let OPEC and other foreign govern- Family Humanitarian Relief and Patri- ments support the so-called ‘‘Greenies’’ and power and the spirit of giving and the other environmental groups in America to otism Act, which was introduced by extraordinary importance of human the extent that we cannot take care of our Senator LAUTENBERG in the 110th Con- kindness. She’ll be deeply missed, but own needs here at home, then we of all peo- gress. the impact she had on all who knew ple are to be pitied. America is rich with raw Debra’s outstanding work has al- her is immeasurable, and the lessons materials and coal and oil. It is completely ready been recognized by numerous she taught will never be forgotten. insane to let governments that hate us hold current and former Members of Con- Mr. President, I ask that the obit- us hostage. My fourteen-year-old grandson gress, Presidential candidates, authors, uary of Stella written by Women’s has more sense than that. Oil companies are activists, religious leaders, the New getting filthy rich while the American Peo- Lunch Place Executive Director Shar- ple are suffering. If there is going to be any- York State Bar Association, and many on Reilly and an eloquent column thing left for our children and grandchildren, distinguished publications. She has re- about Stella by Rachelle Cohen in the then we better quit worrying about the owl ceived the Ellis Island Medal of Free- Boston Herald may be printed in the or the snail and start worrying about our dom and commendations from the New RECORD. children and grandchildren. I do not know York City Fire Department and Chief The information follows: one American that I associate with that does of Police. No one, however, can better STELLA TAUGHT US ALL ABOUT GRACE, not care about the environment and wildlife speak to Debra’s service than the fami- DIGNITY etc. But it is ridiculous for us to govern our- lies themselves. In a thank-you note, a selves into non-existence. (By Rachelle Cohen, Jan. 5, 2009) I urge you to take a stand against this cor- sister of one of the victims wrote: We lost Stella on New Year’s Eve. ruption and turn us back to common sense. [Debra] held us, offered her shoulder, and Even as the city prepared to usher out this I am very concerned and I vote. made us feel that it is still worthwhile to year that nearly everyone agrees they DANNY. continue this passage. Thank God for this couldn’t wait to see end, this woman who Angel. had little and complained little died in the I am a 63-year-young woman who is dis- For the last 7 years, Debra Steinberg company of those who cared about her and abled. I am on SSI when i get a cost of living has fought for justice for a group of for her. raise, my rent goes up and eats it up. So for For at least a quarter of a century Stella me this is really rough; I run out of money people forgotten in the shadows of this lived on the streets. And we only know that before the month is out. The cost of food has terrible tragedy. She has given self- much because she was there when the Wom- doubled mostly and it goes on and on. thank lessly of her time and expertise to help en’s Lunch Place, a daytime shelter for poor you. those in need and is an example to oth- and homeless women, first opened its doors JUDITH. ers and a credit to our country. I am 26 years ago. proud to call her my friend.∑ For all those years she’d come for break- High gasoline prices are really putting a fast, a shower, to do her laundry, maybe take damper on our monthly budget. My wife and f a nap and stay through lunch. For all those I are in our 50’s and we do not have a high in- TRIBUTE TO STELLA MAY BROWN Thanksgivings and Christmases she had come. I am partially disabled and working found a warm, accepting place. for low wages. We do not feel that we are WEACO She was there when I reported for my first going to be able to drive much longer. We ∑ Mr. KENNEDY. Mr. President, all of stint as a volunteer, by then Stella was an have parked one of our cars. In my driving of us in Massachusetts who knew her or undemanding kind of queen bee—occupying over 30 years, we have seen the 1973 oil em- knew of her were saddened to learn of her favorite spot against the wall in the din- bargo and so called shortage and many other the death of Stella May Brown Weaco ing room. She was engaging and gracious, ac- price hikes. But this is beyond comprehen- cepting a pancake with butter and syrup as sion. I am not one for government control at Massachusetts General Hospital on if it were a special gift. but in this case I feel that the government New Year’s Eve. Stella became the ultimate challenge for must take over the oil. Otherwise it is going Stella was born in Mississippi, but Lunch Place staff over the years. The confu- to put a huge damper on the economy. We she called Boston her home for the last sion that reigned in her head—which often

VerDate Nov 24 2008 00:54 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A08JA6.022 S08JAPT1 rfrederick on PROD1PC67 with SENATE S208 CONGRESSIONAL RECORD — SENATE January 8, 2009 made her insist she was descended from roy- the Presidential Records Act, to establish EC–255. A communication from the Deputy alty or needed to return to her real home in procedures for the consideration of claims of Secretary of the Treasury, transmitting, Jerusalem—also made her refuse any kind of constitutionally based privilege against dis- pursuant to law, the six-month periodic re- housing. closure of Presidential records; to the Com- port on the national emergency with respect For more than two decades this tugging mittee on Homeland Security and Govern- to North Korea that was declared in Execu- and pulling continued. As one former staffer mental Affairs. tive Order 13466 of June 26, 2008; to the Com- put it, ‘‘she broke your heart’’ when she left H.R. 36. An act to amend title 44, United mittee on Banking, Housing, and Urban Af- the shelter at its 2:30 p.m. closing time, States Code, to require information on con- fairs. heading out into bruising heat in the sum- tributors to Presidential library fundraising EC–256. A communication from the Deputy mer, into the cold and the snow on wintry organizations; to the Committee on Home- Secretary of the Treasury, transmitting, days. Housing—temporary or permanent— land Security and Governmental Affairs. pursuant to law, the six-month periodic re- port on the national emergency with respect wasn’t for her, nor was the medication that f might have allowed her to see the world dif- to the Western Balkans that was declared in ferently. MEASURES PLACED ON THE Executive Order 13219 of June 26, 2001; to the But her decades on the streets began to CALENDAR Committee on Banking, Housing, and Urban Affairs. take their toll on Stella. And, frankly she The following bill was read the sec- EC–257. A communication from the Asso- was no match for the Lunch Place staffers ond time, and placed on the calendar: ciate General Counsel for Legislation and who were tireless in their devotion and re- S. 22. A bill to designate certain land com- Regulations, Office of Community Planning lentless in their efforts to make whatever and Development, Department of Housing time remained for Stella safe and com- ponents of the National Wilderness Preserva- tion System, to authorize certain programs and Urban Development, transmitting, pur- fortable. suant to law, the report of a rule entitled So for the last two years of her life Stella and activities in the Department of the Inte- rior and the Department of Agriculture, and ‘‘Matching Requirement in McKinney-Vento had a roof over her head and a place to call Act Programs’’ (RIN2506–AC24) received in for other purposes. home. the Office of the President of the Senate on And at the end of her days she had what so f January 5, 2009; to the Committee on Bank- many others with so much more in material MEASURES READ THE FIRST TIME ing, Housing, and Urban Affairs. wealth would envy. She had at her bedside EC–258. A communication from the Direc- people who loved her. They loved her—we all The following bills were read the first tor, Office of Legislative Affairs, Federal De- loved her—for the simplest of reasons. She time: posit Insurance Corporation, transmitting, returned our affection and our kindness ten- S. 181. A bill to amend title VII of the Civil pursuant to law, the report of a rule entitled fold. She taught us that grace and dignity Rights Act of 1964 and the Age Discrimina- ‘‘Financial Education Programs That In- aren’t a function of wealth or power. And at tion in Employment Act of 1967, and to mod- clude the Provision of Bank Products and the beginning of a new year she reminded ify the operation of the Americans with Dis- Services’’ (RIN3064–AD28) received in the Of- fice of the President of the Senate on Janu- us—even in death—that being poor or home- abilities Act of 1990 and the Rehabilitation ary 5, 2009; to the Committee on Banking, less or mentally ill doesn’t rob you of that Act of 1973, to clarify that a discriminatory Housing, and Urban Affairs. grace or that dignity. That comes from with- compensation decision or other practice that in. Stella taught us that.∑ EC–259. A communication from the Direc- is unlawful under such Acts occurs each time tor, Office of Legislative Affairs, Federal De- f compensation is paid pursuant to the dis- posit Insurance Corporation, transmitting, MESSAGES FROM THE PRESIDENT criminatory compensation decision or other pursuant to law, the report of a rule entitled practice, and for other purposes. ‘‘Deposit Insurance Requirements After Cer- Messages from the President of the S. 182. A bill to amend the Fair Labor tain Conversions; Definition of ‘‘Corporate United States were communicated to Standards Act of 1938 to provide more effec- Reorganization;’’ Optional Conversions the Senate by Mrs. Neiman, one of his tive remedies to victims of discrimination in (‘‘Oakar Transactions’’); Additional Grounds secretaries. the payment of wages on the basis of sex, and for Disapproval of Changes in Control; and for other purposes. Disclosure of Certain Supervisory Informa- f f tion’’ (RIN3064–AD25) received in the Office EXECUTIVE MESSAGES REFERRED of the President of the Senate on January 5, EXECUTIVE AND OTHER 2009; to the Committee on Banking, Housing, As in executive session the Presiding COMMUNICATIONS and Urban Affairs. Officer laid before the Senate messages The following communications were EC–260. A communication from the Direc- from the President of the United tor, Office of Legislative Affairs, Federal De- laid before the Senate, together with States submitting sundry nominations posit Insurance Corporation, transmitting, accompanying papers, reports, and doc- which were referred to the appropriate pursuant to law, the report of a rule entitled uments, and were referred as indicated: committees. ‘‘Assessment Dividends’’ (RIN3064–AD27) re- ceived in the Office of the President of the (The nominations received today are EC–251. A communication from the Direc- tor of the Regulatory Review Group, Com- Senate on January 5, 2009; to the Committee printed at the end of the Senate pro- modity Credit Corporation, Department of on Banking, Housing, and Urban Affairs. ceedings.) Agriculture, transmitting, pursuant to law, EC–261. A communication from the Sec- f the report of a rule entitled ‘‘Farm Program retary of Transportation, transmitting, pur- Payment Limitation and Payment Eligi- suant to law, a report entitled ‘‘Actions MESSAGE FROM THE HOUSE bility for 2009 and Subsequent Crop, Pro- Taken on Office of Inspector General Rec- At 2:38 p.m., a message from the gram, or Fiscal Years’’ (RIN0560–AH85) re- ommendations’’; to the Committee on Com- ceived in the Office of the President of the merce, Science, and Transportation. House of Representatives, delivered by EC–262. A communication from the Pro- Senate on January 5, 2009; to the Committee Mr. Zapata, one of its reading clerks, gram Analyst, Federal Aviation Administra- on Agriculture, Nutrition, and Forestry. tion, Department of Transportation, trans- announced that the House has passed EC–252. A communication from the Under mitting, pursuant to law, the report of a rule the following bills, in which it requests Secretary of Defense (Policy), transmitting, the concurrence of the Senate: entitled ‘‘Revision of Restricted Areas 4806W, pursuant to law, a report relative to the Pro- 4807A&B, and 4809; Nevada’’ ((Docket No. H.R. 35. An act to amend chapter 22 of title liferation Security Initiative; to the Com- FAA–2008–1252)(Airspace Docket No. 08– 44, United States Code, popularly known as mittee on Armed Services. AWP–12)) received in the Office of the Presi- the Presidential Records Act, to establish EC–253. A communication from the Assist- dent of the Senate on January 5, 2009; to the procedures for the consideration of claims of ant Secretary for Management and Chief Fi- Committee on Commerce, Science, and constitutionally based privilege against dis- nancial Officer, Department of the Treasury, Transportation. closure of Presidential records. transmitting, pursuant to law, a report rel- EC–263. A communication from the Pro- H.R. 36. An act to amend title 44, United ative to the Department’s competitive gram Analyst, Federal Aviation Administra- States Code, to require information on con- sourcing efforts for fiscal year 2008; to the tion, Department of Transportation, trans- tributors to Presidential library fundraising Committee on Banking, Housing, and Urban mitting, pursuant to law, the report of a rule organizations. Affairs. entitled ‘‘Revision of Class E Airspace; EC–254. A communication from the Chair- f Ketchikan, AK’’ ((Docket No. FAA–2008– man, Securities and Exchange Commission, 0998)(Airspace Docket No. 08–AAL–29)) re- MEASURES REFERRED transmitting, pursuant to law, a report enti- ceived in the Office of the President of the The following bills were read the first tled ‘‘Report and Recommendations Pursu- Senate on January 5, 2009; to the Committee ant to Section 133 of the Emergency Eco- on Commerce, Science, and Transportation. and the second times by unanimous nomic Stabilization Act of 2008: Study on EC–264. A communication from the Pro- consent, and referred as indicated: Mark-To-Market Accounting’’; to the Com- gram Analyst, Federal Aviation Administra- H.R. 35. An act to amend chapter 22 of title mittee on Banking, Housing, and Urban Af- tion, Department of Transportation, trans- 44, United States Code, popularly known as fairs. mitting, pursuant to law, the report of a rule

VerDate Nov 24 2008 00:54 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G08JA6.024 S08JAPT1 rfrederick on PROD1PC67 with SENATE January 8, 2009 CONGRESSIONAL RECORD — SENATE S209 entitled ‘‘Revision of Class E Airspace; EC–273. A communication from the Pro- mitting, pursuant to law, the report of a rule Toksook Bay, AK’’ ((Docket No. FAA–2008– gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Piper 0999)(Airspace Docket No. 08–AAL–30)) re- tion, Department of Transportation, trans- Aircraft, Inc. Models PA–46–350P, PA–46R– ceived in the Office of the President of the mitting, pursuant to law, the report of a rule 350T, and PA–46–500TP Airplanes’’ ((RIN2120– Senate on January 5, 2009; to the Committee entitled ‘‘Washington, DC Metropolitan Area AA64)(Docket No. FAA–2008–1085)) received on Commerce, Science, and Transportation. Special Flight Rules Area’’ (RIN2120–AI17) in the Office of the President of the Senate EC–265. A communication from the Pro- received in the Office of the President of the on January 5, 2009; to the Committee on gram Analyst, Federal Aviation Administra- Senate on January 5, 2009; to the Committee Commerce, Science, and Transportation. tion, Department of Transportation, trans- on Commerce, Science, and Transportation. EC–281. A communication from the Pro- mitting, pursuant to law, the report of a rule EC–274. A communication from the Pro- gram Analyst, Federal Aviation Administra- entitled ‘‘Revision of Class E Airspace; Ruby, gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- AK’’ ((Docket No. FAA–2008–0005)(Airspace tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule Docket No. 08–AAL–1)) received in the Office mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; McDon- of the President of the Senate on January 5, entitled ‘‘Establishment of Low Altitude nell Douglas Model DC–8–11, DC–8–12, DC–8– 2009; to the Committee on Commerce, Area Navigation T–254; Houston, TX’’ 21, DC–8–31, DC–8–32, DC–8–33, DC–8–41, DC–8– Science, and Transportation. ((Docket No. FAA–2008–0716)(Airspace Docket 42, and DC–8–43 Airplanes; Model DC–8–50 Se- EC–266. A communication from the Pro- No. 08–ASW–9)) received in the Office of the ries Airplanes; Model DC–8F–54 and DC–8F–55 gram Analyst, Federal Aviation Administra- President of the Senate on January 5, 2009; Airplanes; Model DC–8–60 Series Airplanes; tion, Department of Transportation, trans- to the Committee on Commerce, Science, Model DC–8–60F Series Airplanes; Model DC– mitting, pursuant to law, the report of a rule and Transportation. 8–70 Series Airplanes; and Model DC–8–70F entitled ‘‘Establishment of Class D and Class EC–275. A communication from the Trial Series Airplanes’’ ((RIN2120–AA64)(Docket E Airspace; Conroe, TX’’ ((Docket No. FAA– Attorney, Federal Railroad Administration, No. FAA–2008–0858)) received in the Office of 2008–0960)(Airspace Docket No. 08–ASW–17)) Department of Transportation, transmitting, the President of the Senate on January 5, received in the Office of the President of the pursuant to law, the report of a rule entitled 2009; to the Committee on Commerce, Senate on January 5, 2009; to the Committee ‘‘Adjustments of Monetary Threshold for Re- Science, and Transportation. on Commerce, Science, and Transportation. porting Rail Equipment Accidents/Incidents EC–282. A communication from the Pro- EC–267. A communication from the Pro- for Calendar Year 2009’’ (FRA–2008–0136) re- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- ceived in the Office of the President of the tion, Department of Transportation, trans- tion, Department of Transportation, trans- Senate on January 5, 2009; to the Committee mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule on Commerce, Science, and Transportation. entitled ‘‘Airworthiness Directives; Saab AB, entitled ‘‘Establishment of Class E Airspace; EC–276. A communication from the Assist- Saab Aerosystems Model 340A (SAAB/ Napakiak, AK; Correction’’ ((Docket No. ant Chief Counsel for General Law, Pipeline SF340A) and SAAB 340B Airplanes’’ FAA–2008–0454)(Airspace Docket No. 08–AAL– and Hazardous Materials Safety Administra- ((RIN2120–AA64)(Docket No. FAA–2008–1044)) 13)) received in the Office of the President of tion, Department of Transportation, trans- received in the Office of the President of the the Senate on January 5, 2009; to the Com- mitting, pursuant to law, the report of a rule Senate on January 5, 2009; to the Committee mittee on Commerce, Science, and Transpor- entitled ‘‘Pipeline Safety: Polyamide-11 (PA– on Commerce, Science, and Transportation. tation. 11) Plastic Pipe Design Pressures’’ (RIN2137– EC–283. A communication from the Pro- EC–268. A communication from the Pro- AE26) received in the Office of the President gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- of the Senate on January 5, 2009; to the Com- tion, Department of Transportation, trans- tion, Department of Transportation, trans- mittee on Commerce, Science, and Transpor- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule tation. entitled ‘‘Airworthiness Directives; Bom- entitled ‘‘Establishment of Class E Airspace; EC–277. A communication from the Pro- bardier Model CL–600–2B19 (Regional Jet Se- Edinburg, TX’’ ((Docket No. FAA–2008– gram Analyst, Federal Aviation Administra- ries 100 & 440) Airplanes’’ ((RIN2120– 0985)(Airspace Docket No. 08–ASW–18)) re- tion, Department of Transportation, trans- AA64)(Docket No. FAA–2008–0977)) received ceived in the Office of the President of the mitting, pursuant to law, the report of a rule in the Office of the President of the Senate Senate on January 5, 2009; to the Committee entitled ‘‘Airworthiness Directives; McDon- on January 5, 2009; to the Committee on on Commerce, Science, and Transportation. nell Douglas Model DC–8–11, DC–8–12, DC–8– Commerce, Science, and Transportation. EC–269. A communication from the Pro- 21, DC–8–31, DC–8–32, DC–8–33, DC–8–41, DC–8– EC–284. A communication from the Pro- gram Analyst, Federal Aviation Administra- 42, and DC–8–43 Airplanes; Model DC–8–51, gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- DC–8–52, DC–8–53, and DC–8–55 Airplanes; tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule Model DC–8F–54 and DC–8F–55 Airplanes; mitting, pursuant to law, the report of a rule entitled ‘‘Modification of Class E Airspace; Model DC–8–61, DC–8–62, and DC–8–63 Air- entitled ‘‘Airworthiness Directives; Rolls- Franklin, NC’’ ((Docket No. FAA–2008– planes; Model DC–8–61F, DC–8–62F, and DC–8– Royce Corporation (RRC) AE 3007A Series 0986)(Airspace Docket No. 08–ASO–15)) re- 63F Airplanes; Model DC–8–71, DC–8–72, and Turbofan Engines’’ ((RIN2120–AA64)(Docket ceived in the Office of the President of the DC–8–73 Airplanes; and Model DC–8–71F, DC– No. FAA–2008–0975)) received in the Office of Senate on January 5, 2009; to the Committee 8–72F, and DC–8–73F Airplanes’’ ((RIN2120– the President of the Senate on January 5, on Commerce, Science, and Transportation. AA64)(Docket No. FAA–2008–0123)) received 2009; to the Committee on Commerce, EC–270. A communication from the Pro- in the Office of the President of the Senate Science, and Transportation. gram Analyst, Federal Aviation Administra- on January 5, 2009; to the Committee on EC–285. A communication from the Pro- tion, Department of Transportation, trans- Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule EC–278. A communication from the Pro- tion, Department of Transportation, trans- entitled ‘‘Revocation of Class E Airspace; gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule Metlakatla, AK’’ ((Docket No. FAA–2008– tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Bom- 1018)(Airspace Docket No. 08–AAL–31)) re- mitting, pursuant to law, the report of a rule bardier-Rotax GmbH 914 F Series Recipro- ceived in the Office of the President of the entitled ‘‘Airworthiness Directives; Aircraft cating Engines’’ ((RIN2120–AA64)(Docket No. Senate on January 5, 2009; to the Committee Industries a.s. (Type Certificate G60EU pre- FAA–2008–0842)) received in the Office of the on Commerce, Science, and Transportation. viously held by LETECKE ZAVODY a.s. and President of the Senate on January 5, 2009; EC–271. A communication from the Pro- LET Aeronautical Works) Model L 23 Super to the Committee on Commerce, Science, gram Analyst, Federal Aviation Administra- Blanik Sailplane’’ ((RIN2120–AA64)(Docket and Transportation. tion, Department of Transportation, trans- No. FAA–2008–1138)) received in the Office of EC–286. A communication from the Pro- mitting, pursuant to law, the report of a rule the President of the Senate on January 5, gram Analyst, Federal Aviation Administra- entitled ‘‘Amendment of Class E Airspace; 2009; to the Committee on Commerce, tion, Department of Transportation, trans- Butler, PA; Removal of Class E Airspace; Science, and Transportation. mitting, pursuant to law, the report of a rule East Butler, PA’’ ((Docket No. FAA–2008– EC–279. A communication from the Pro- entitled ‘‘Airworthiness Directives; General 0836)(Airspace Docket No. 08–AEA–23)) re- gram Analyst, Federal Aviation Administra- Electric Company (GE) CT7–8A Turboshaft ceived in the Office of the President of the tion, Department of Transportation, trans- Engines’’ ((RIN2120–AA64)(Docket No. FAA– Senate on January 5, 2009; to the Committee mitting, pursuant to law, the report of a rule 2006–24261)) received in the Office of the on Commerce, Science, and Transportation. entitled ‘‘Airworthiness Directives; Cessna President of the Senate on January 5, 2009; EC–272. A communication from the Pro- Aircraft Company 172, 175, 177, 180, 182, 185, to the Committee on Commerce, Science, gram Analyst, Federal Aviation Administra- 188, 206, 207, 208, 210, 303, 336, and 337 Series and Transportation. tion, Department of Transportation, trans- Airplanes’’ ((RIN2120–AA64)(Docket No. EC–287. A communication from the Pro- mitting, pursuant to law, the report of a rule FAA–2008–1328)) received in the Office of the gram Analyst, Federal Aviation Administra- entitled ‘‘Modification of Class D and E Air- President of the Senate on January 5, 2009; tion, Department of Transportation, trans- space; Brunswick, ME’’ ((Docket No. FAA– to the Committee on Commerce, Science, mitting, pursuant to law, the report of a rule 2008–0203)(Airspace Docket No. 08–ANE–99)) and Transportation. entitled ‘‘Airworthiness Directives; Air Trac- received in the Office of the President of the EC–280. A communication from the Pro- tor, Inc. Models AT–200, AT–300, AT–400, AT– Senate on January 5, 2009; to the Committee gram Analyst, Federal Aviation Administra- 500, AT–600, and AT–800 Series Airplanes’’ on Commerce, Science, and Transportation. tion, Department of Transportation, trans- ((RIN2120–AA64)(Docket No. FAA–2008–1120))

VerDate Nov 24 2008 00:54 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A08JA6.025 S08JAPT1 rfrederick on PROD1PC67 with SENATE S210 CONGRESSIONAL RECORD — SENATE January 8, 2009 received in the Office of the President of the to the Committee on Commerce, Science, ary 5, 2009; to the Committee on Commerce, Senate on January 5, 2009; to the Committee and Transportation. Science, and Transportation. on Commerce, Science, and Transportation. EC–296. A communication from the Acting EC–303. A communication from the Acting EC–288. A communication from the Pro- Director of the Office of Sustainable Fish- Director of the Office of Sustainable Fish- gram Analyst, Federal Aviation Administra- eries, National Marine Fisheries Service, De- eries, National Marine Fisheries Service, De- tion, Department of Transportation, trans- partment of Commerce, transmitting, pursu- partment of Commerce, transmitting, pursu- mitting, pursuant to law, the report of a rule ant to law, the report of a rule entitled ant to law, the report of a rule entitled entitled ‘‘Airworthiness Directives; Cessna ‘‘Fisheries of the Exclusive Economic Zone ‘‘Fisheries Off West Coast States; Pacific Model 560 Airplanes’’ ((RIN2120– Off Alaska; Reallocation of Pacific Cod in Coast Groundfish Fishery; Pacific Whiting AA64)(Docket No. FAA–2008–0903)) received the Bering Sea and Aleutian Islands Manage- Allocation’’ (RIN0648–XK69) received in the in the Office of the President of the Senate ment Area’’ (RIN0648–XM17) received in the Office of the President of the Senate on Jan- on January 5, 2009; to the Committee on Office of the President of the Senate on Jan- uary 5, 2009; to the Committee on Commerce, Commerce, Science, and Transportation. uary 5, 2009; to the Committee on Commerce, Science, and Transportation. EC–289. A communication from the Pro- Science, and Transportation. EC–304. A communication from the Deputy gram Analyst, Federal Aviation Administra- EC–297. A communication from the Acting Assistant Administrator for Operations, Na- tion, Department of Transportation, trans- Director of the Office of Sustainable Fish- tional Marine Fisheries Service, Department mitting, pursuant to law, the report of a rule eries, National Marine Fisheries Service, De- of Commerce, transmitting, pursuant to law, entitled ‘‘Airworthiness Directives; MD Heli- partment of Commerce, transmitting, pursu- the report of a rule entitled ‘‘Pacific Halibut copters, Inc. Model MD900 Helicopters’’ ant to law, the report of a rule entitled Fisheries; Subsistence Fishing’’ (RIN0648– ((RIN2120–AA64)(Docket No. FAA–2008–1250)) ‘‘Fisheries Off West Coast States; Modifica- AW36) received in the Office of the President received in the Office of the President of the tions of the West Coast Commercial and Rec- of the Senate on January 5, 2009; to the Com- Senate on January 5, 2009; to the Committee reational Salmon Fisheries; Inseason Ac- mittee on Commerce, Science, and Transpor- on Commerce, Science, and Transportation. tions #7, #8, #9, #10, #11, and #12’’ (RIN0648– tation. EC–290. A communication from the Trial XK59) received in the Office of the President EC–305. A communication from the Deputy Attorney, Federal Railroad Administration, of the Senate on January 5, 2009; to the Com- Assistant Administrator for Regulatory Pro- Department of Transportation, transmitting, mittee on Commerce, Science, and Transpor- grams, National Marine Fisheries Service, pursuant to law, the report of a rule entitled tation. Department of Commerce, transmitting, pur- ‘‘Adjustments to the Minimum and Max- EC–298. A communication from the Deputy suant to law, the report of a rule entitled imum Civil Monetary Penalties for Viola- Assistant Administrator for Regulatory Pro- ‘‘Fisheries in the Western Pacific; Pelagic tions of Federal Railroad Safety Laws or grams, National Marine Fisheries Service, Fisheries; Squid Jig Fisheries’’ (RIN0648– Federal Railroad Administration Safety Department of Commerce, transmitting, pur- AS71) received in the Office of the President Regulations’’ (RIN2130–AB94) received in the suant to law, the report of a rule entitled of the Senate on January 5, 2009; to the Com- Office of the President of the Senate on Jan- ‘‘Pacific Halibut Fisheries; Bering Sea and mittee on Commerce, Science, and Transpor- uary 5, 2009; to the Committee on Commerce, Aleutian Islands King and Tanner Crab Fish- tation. EC–306. A communication from the Direc- Science, and Transportation. eries; Groundfish Fisheries of the Exclusive EC–291. A communication from the Divi- Economic Zone Off Alaska; Individual Fish- tor of the Office of Sustainable Fisheries, National Marine Fisheries Service, Depart- sion Chief of Legislation and Regulations, ing Quota Program; Western Alaska Commu- ment of Commerce, transmitting, pursuant Maritime Administration, Department of nity Development Quota Program; Record- to law, the report of a rule entitled ‘‘Fish- Transportation, transmitting, pursuant to keeping and Reporting; Permits’’ (RIN0648– eries of the Exclusive Economic Zone Off law, the report of a rule entitled ‘‘America’s AT91) received in the Office of the President Alaska; Rock Sole, Flathead Sole, and Marine Highway Program’’ (RIN2133–AB70) of the Senate on January 5, 2009; to the Com- ‘‘Other Flatfish’’ by Vessels Participating in received in the Office of the President of the mittee on Commerce, Science, and Transpor- the Amendment 80 Limited Access Fishery Senate on January 5, 2009; to the Committee tation. in Bering Sea and Aleutian Islands Manage- on Commerce, Science, and Transportation. EC–299. A communication from the Direc- ment Area’’ ((ID 112108A) (Docket No. EC–292. A communication from the Acting tor of the Office of Sustainable Fisheries, 071106673–8011–02)) received in the Office of Director of the Office of Sustainable Fish- National Marine Fisheries Service, Depart- the President of the Senate on January 5, eries, National Marine Fisheries Service, De- ment of Commerce, transmitting, pursuant 2009; to the Committee on Commerce, partment of Commerce, transmitting, pursu- to law, the report of a rule entitled ‘‘Fish- Science, and Transportation. ant to law, the report of a rule entitled eries of the Northeastern United States; EC–307. A communication from the Acting ‘‘Fisheries in the Western Pacific; Crusta- Summer Flounder Fishery; Commercial Assistant Administrator for Fisheries, Na- cean Fisheries; Deepwater Shrimp; Correc- Quota Harvested for the State of New Jer- tional Marine Fisheries Service, Department tion’’ (RIN0648–AV29) received in the Office sey’’ (RIN0648–XL93) received in the Office of of Commerce, transmitting, pursuant to law, of the President of the Senate on January 5, the President of the Senate on January 5, the report of a rule entitled ‘‘Endangered 2009; to the Committee on Commerce, 2009; to the Committee on Commerce, and Threatened Species; Critical Habitat for Science, and Transportation. Science, and Transportation. Threatened Elkhorn and Staghorn Corals’’ EC–293. A communication from the Acting EC–300. A communication from the Acting (RIN0648–AV35) received in the Office of the Director of the Office of Sustainable Fish- Director of the Office of Sustainable Fish- President of the Senate on January 5, 2009; eries, National Marine Fisheries Service, De- eries, National Marine Fisheries Service, De- to the Committee on Commerce, Science, partment of Commerce, transmitting, pursu- partment of Commerce, transmitting, pursu- and Transportation. ant to law, the report of a rule entitled ant to law, the report of a rule entitled EC–308. A communication from the Chair- ‘‘Fisheries of the Northeastern United ‘‘Magnuson-Stevens Act Provisions; Fish- man of the Federal Energy Regulatory Com- States; Atlantic Herring Fishery; 2007–2009 eries Off West Coast States; Pacific Coast mission, transmitting, pursuant to law, a re- Specifications’’ (RIN0648–XM06) received in Groundfish Fishery; Biennial Specifications port entitled ‘‘Assessment of Demand Re- the Office of the President of the Senate on and Management Measures; Inseason Adjust- sponse & Advanced Metering’’; to the Com- January 8, 2009; to the Committee on Com- ments’’ (RIN0648–AX43) received in the Office mittee on Energy and Natural Resources. merce, Science, and Transportation. of the President of the Senate on January 5, EC–309. A communication from the Direc- EC–294. A communication from the Acting 2009; to the Committee on Commerce, tor, Regulatory Management Division, Envi- Director of the Office of Sustainable Fish- Science, and Transportation. ronmental Protection Agency, transmitting, eries, National Marine Fisheries Service, De- EC–301. A communication from the Acting pursuant to law, the report of a rule entitled partment of Commerce, transmitting, pursu- Director of the Office of Sustainable Fish- ‘‘Nebraska: Final Authorization of State ant to law, the report of a rule entitled eries, National Marine Fisheries Service, De- Hazardous Waste Management Program Re- ‘‘Fisheries of the Northeastern United partment of Commerce, transmitting, pursu- visions’’ (FRL–8758–6) received in the Office States; Summer Flounder Fishery; Commer- ant to law, the report of a rule entitled of the President of the Senate on January 5, cial Quota Harvested for the State of New ‘‘Fisheries of the Exclusive Economic Zone 2009; to the Committee on Environment and Jersey’’ (RIN0648–XL93) received in the Of- Off Alaska; Reallocation of Halibut in the Public Works. fice of the President of the Senate on Janu- Gulf of Alaska’’ (RIN0648–XL84) received in EC–310. A communication from the Com- ary 8, 2009; to the Committee on Commerce, the Office of the President of the Senate on missioner, Social Security Administration, Science, and Transportation. January 5, 2009; to the Committee on Com- transmitting, pursuant to law, a report rel- EC–295. A communication from the Acting merce, Science, and Transportation. ative to the Administration’s competitive Director of the Office of Sustainable Fish- EC–302. A communication from the Acting sourcing efforts during fiscal year 2008; to eries, National Marine Fisheries Service, De- Director of the Office of Sustainable Fish- the Committee on Finance. partment of Commerce, transmitting, pursu- eries, National Marine Fisheries Service, De- EC–311. A communication from the Sec- ant to law, the report of a rule entitled partment of Commerce, transmitting, pursu- retary of Health and Human Services, trans- ‘‘Fisheries of the Northeastern United ant to law, the report of a rule entitled mitting, pursuant to law, an annual report States; Scup Fishery; Commercial Quota ‘‘Fisheries of the Northeastern United relative to the implementation of the Age Harvested for 2008 Winter II Period’’ States; Atlantic Bluefish Fishery; Quota Discrimination Act of 1975 for fiscal year (RIN0648–XL95) received in the Office of the Transfer’’ (RIN0648–XL76) received in the Of- 2007; to the Committee on Health, Education, President of the Senate on January 8, 2009; fice of the President of the Senate on Janu- Labor, and Pensions.

VerDate Nov 24 2008 00:54 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A08JA6.027 S08JAPT1 rfrederick on PROD1PC67 with SENATE January 8, 2009 CONGRESSIONAL RECORD — SENATE S211

EC–312. A communication from the Assist- Committee on Small Business and Entrepre- Ms. LANDRIEU, Mr. KERRY, Mrs. ant Secretary of Education (Special Edu- neurship. BOXER, Mr. REED, Ms. COLLINS, and cation and Rehabilitative Services), trans- EC–323. A communication from the Deputy Mr. NELSON of Florida): mitting, pursuant to law, the report of a rule General Counsel, Office of Financial Assist- S. 171. A bill to develop and maintain an entitled ‘‘National Institute on Disability ance, Small Business Administration, trans- integrated system of coastal and ocean ob- and Rehabilitation Research—Disability and mitting, pursuant to law, the report of a rule servations for the Nation’s coasts, oceans, Rehabilitation Research Projects and Cen- entitled ‘‘Business Loan Program Regula- and Great Lakes, to improve warnings of ters Program—Disability Rehabilitation Re- tions: Incorporation of London Interbank Of- tsunami, hurricanes, El Nino events, and search Projects (DRRPs)’’ (4000–01–U) re- fered Rate (LIBOR) Base Rate and Secondary other natural hazards, to enhance homeland ceived in the Office of the President of the Market Pool Interest Rate Changes’’ security, to support maritime operations, to Senate on January 5, 2009; to the Committee (RIN3245–AF83) received in the Office of the improve management of coastal and marine on Health, Education, Labor, and Pensions. President of the Senate on January 5, 2009; resources, and for other purposes; to the EC–313. A communication from the White to the Committee on Small Business and En- Committee on Commerce, Science, and House Liaison, Department of Health and trepreneurship. Transportation. Human Services, transmitting, pursuant to EC–324. A communication from the Acting By Ms. SNOWE (for herself, Mr. law, the report of a vacancy and designation Administrator, Small Business Administra- INOUYE, and Mr. ROCKEFELLER): of acting officer for the position of Director, tion, transmitting, pursuant to law, the re- S. 172. A bill to establish a coordinated na- National Institutes of Health, received on port of a vacancy and designation of acting tional ocean exploration program within the January 5, 2009; to the Committee on Health, officer for the position of Chief Counsel for National Oceanic and Atmospheric Adminis- Education, Labor, and Pensions. Advocacy, received in the Office of the Presi- tration, and for other purposes; to the Com- EC–314. A communication from the White dent of the Senate on January 5, 2009; to the mittee on Commerce, Science, and Transpor- House Liaison, Department of Health and Committee on Small Business and Entrepre- tation. Human Services, transmitting, pursuant to neurship. By Mr. LAUTENBERG (for himself, law, the report of a vacancy and designation EC–325. A communication from the Direc- Mr. INOUYE, Mr. ROCKEFELLER, Ms. of acting officer for the position of General tor of Regulations Management, Veterans CANTWELL, Ms. SNOWE, Mr. KERRY, Counsel, received on January 5, 2009; to the Benefits Administration, Department of Vet- Mrs. BOXER, and Mr. REED): Committee on Health, Education, Labor, and erans Affairs, transmitting, pursuant to law, S. 173. A bill to establish an interagency Pensions. the report of a rule entitled ‘‘Increase in committee to develop an ocean acidification EC–315. A communication from the Execu- Rates Payable Under the Survivors’ and De- research and monitoring plan and to estab- tive Director, Securities and Exchange Com- pendents’ Educational Assistance Program lish an ocean acidification program within mission, transmitting, pursuant to law, the and Other Miscellaneous Issues’’ (RIN2900– NOAA; to the Committee on Commerce, Commission’s Performance and Account- AM67) received in the Office of the President Science, and Transportation. ability Report for fiscal year 2008; to the of the Senate on January 5, 2009; to the Com- By Mr. INOUYE (for himself, Mr. Committee on Homeland Security and Gov- mittee on Veterans’ Affairs. ROCKEFELLER, and Ms. SNOWE): ernmental Affairs. f S. 174. A bill to establish a coordinated and EC–316. A communication from the Chair- comprehensive Federal ocean and coastal man, Defense Nuclear Facilities Safety INTRODUCTION OF BILLS AND mapping program; to the Committee on Board, transmitting, pursuant to law, the JOINT RESOLUTIONS Commerce, Science, and Transportation. Board’s Performance and Accountability Re- The following bills and joint resolu- By Mr. FEINGOLD: port for fiscal year 2008; to the Committee on tions were introduced, read the first S. 175. A bill to evaluate certain skills cer- Homeland Security and Governmental Af- tification programs, and for other purposes; fairs. and second times by unanimous con- to the Committee on Health, Education, EC–317. A communication from the Chair- sent, and referred as indicated: Labor, and Pensions. man, National Endowment for the Arts, By Mr. KOHL (for himself, Mrs. FEIN- By Mr. FEINGOLD: transmitting, pursuant to law, a report rel- STEIN, Mr. LEAHY, Mr. REID, Mr. S. 176. A bill to improve the job access and ative to the competitive sourcing efforts for SCHUMER, Mr. DURBIN, Mr. DODD, Mr. reverse commute program, and for other pur- fiscal years 2003–2008 and plans for fiscal year LAUTENBERG, Mrs. BOXER, Ms. poses; to the Committee on Banking, Hous- 2009; to the Committee on Homeland Secu- STABENOW, Mr. KERRY, and Mr. ing, and Urban Affairs. rity and Governmental Affairs. WHITEHOUSE): By Mr. FEINGOLD: EC–318. A communication from the Deputy S. 167. A bill to amend the Omnibus Crime S. 177. A bill to amend the Small Business Archivist of the United States, National Ar- Control and Safe Streets Act of 1968 to en- Act to extend the Small Business Innovation chives and Records Administration, trans- hance the COPS ON THE BEAT grant pro- Research and Small Business Technology mitting, pursuant to law, the report of a rule gram, and for other purposes; to the Com- Transfer programs, to increase the alloca- entitled ‘‘Testimony by NARA Employees mittee on the Judiciary. tion of Federal agency grants for those pro- Relating to Agency Information and Produc- By Mrs. FEINSTEIN (for herself, Mr. grams, to add water, energy, transportation, tion of Records in Legal Proceedings’’ KYL, Mrs. BOXER, Mrs. HUTCHISON, and domestic security related research to (RIN3095–AB32) received in the Office of the Mr. SCHUMER, Mr. CORNYN, Mr. DUR- the list of topics deserving special consider- President of the Senate on January 5, 2009; BIN, Mr. CRAPO, Mr. BINGAMAN, Mr. ation, and for other purposes; to the Com- to the Committee on Homeland Security and SPECTER, Ms. CANTWELL, and Mr. mittee on Small Business and Entrepreneur- Governmental Affairs. MCCAIN): ship. EC–319. A communication from the Sec- S. 168. A bill to amend the Immigration By Mr. FEINGOLD: retary, Judicial Conference of the United and Nationality Act to provide for com- S. 178. A bill to amend the Elementary and States, transmitting, pursuant to law, a re- pensation to States incarcerating undocu- Secondary Education of 1965 to authorize a port relative to the need for existing bank- mented aliens charged with a felony or 2 or connecting education and emerging profes- ruptcy judgeships; to the Committee on the more misdemeanors; to the Committee on sions demonstration grant program; to the Judiciary. the Judiciary. Committee on Health, Education, Labor, and EC–320. A communication from the Deputy By Mr. ISAKSON (for himself, Mr. AL- Pensions. White House Liaison, Department of Justice, EXANDER, Mr. CHAMBLISS, Mr. CORK- By Ms. STABENOW (for herself and transmitting, pursuant to law, the report of ER, Mr. ENZI, Mr. KYL, Mr. MARTINEZ, Ms. SNOWE): a vacancy and designation of acting officer Ms. SNOWE, Mr. VITTER, and Mr. S. 179. A bill to improve quality in health in the position of United States Attorney, VOINOVICH): care by providing incentives for adoption of District of New Jersey, received in the Office S. 169. A bill to provide for a biennial budg- modern information technology; to the Com- of the President of the Senate on January 5, et process and a biennial appropriations mittee on Finance. 2009; to the Committee on the Judiciary. process and to enhance oversight and the By Mr. SALAZAR (for himself and Mr. EC–321. A communication from the Deputy performance of the Federal Government; to UDALL of Colorado): White House Liaison, Department of Justice, the Committee on the Budget. S. 180. A bill to establish the Cache La transmitting, pursuant to law, the report of By Mr. GREGG (for himself, Mr. LAU- Poudre River National Heritage Area, and a vacancy and designation of acting officer TENBERG, Mr. INOUYE, Mr. ROCKE- for other purposes; to the Committee on En- in the position of United States Attorney, FELLER, Ms. SNOWE, Ms. CANTWELL, ergy and Natural Resources. Southern District of New York, received in Mr. CARDIN, and Ms. COLLINS): By Ms. MIKULSKI (for herself, Mr. the Office of the President of the Senate on S. 170. A bill to authorize the acquisition of KENNEDY, Mr. HARKIN, Mr. LEAHY, January 5, 2009; to the Committee on the Ju- interests in undeveloped coastal areas in Mr. REID, Ms. SNOWE, Mr. DODD, Mr. diciary. order better to ensure their protection from BINGAMAN, Mrs. MURRAY, Mr. REED, EC–322. A communication from the Acting development and for other purposes; to the Mrs. CLINTON, Mr. SANDERS, Mr. Administrator, Small Business Administra- Committee on Commerce, Science, and BROWN, Mr. BYRD, Mr. INOUYE, Mr. tion, transmitting, pursuant to law, a report Transportation. LEVIN, Mr. KERRY, Mr. ROCKEFELLER, relative to the Administration’s competitive By Ms. SNOWE (for herself, Ms. CANT- Mr. KOHL, Mr. LIEBERMAN, Mr. sourcing efforts for fiscal year 2008; to the WELL, Mr. INOUYE, Mr. ROCKEFELLER, AKAKA, Mrs. FEINSTEIN, Mr. DORGAN,

VerDate Nov 24 2008 00:54 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A08JA6.030 S08JAPT1 rfrederick on PROD1PC67 with SENATE S212 CONGRESSIONAL RECORD — SENATE January 8, 2009 Mrs. BOXER, Mr. FEINGOLD, Mr. tem, and for other purposes; to the Com- BENNETT), the Senator from California WYDEN, Mr. DURBIN, Mr. JOHNSON, mittee on Energy and Natural Resources. (Mrs. FEINSTEIN) and the Senator from Ms. LANDRIEU, Mr. SCHUMER, Mrs. By Mr. UDALL of Colorado (for himself Vermont (Mr. LEAHY) were added as co- LINCOLN, Mr. CARPER, Ms. STABENOW, and Mr. SALAZAR): sponsors of S. 69, a bill to establish a Ms. CANTWELL, Mr. NELSON of Flor- S. 190. A bill to designate as wilderness cer- ida, Mr. LAUTENBERG, Mr. SALAZAR, tain land within the Rocky Mountain Na- fact-finding Commission to extend the Mr. MENENDEZ, Mr. CARDIN, Mr. tional Park and to adjust the boundaries of study of a prior Commission to inves- WEBB, Mr. CASEY, Ms. KLOBUCHAR, the Indian Peaks Wilderness and the Arap- tigate and determine facts and cir- Mrs. MCCASKILL, Mr. WHITEHOUSE, aho National Recreation Area of the Arap- cumstances surrounding the reloca- Mr. TESTER, Mr. UDALL of Colorado, aho National Forest in the State of Colo- tion, internment, and deportation to Mr. UDALL of New Mexico, Mr. WAR- rado; to the Committee on Energy and Nat- Axis countries of Latin Americans of NER, Mrs. SHAHEEN, Mr. MERKLEY, ural Resources. By Mr. SALAZAR (for himself and Mr. Japanese descent from December 1941 Mrs. HAGAN, Mr. BEGICH, and Mr. through February 1948, and the impact PRYOR): UDALL of Colorado): S. 181. A bill to amend title VII of the Civil S. 191. A bill to amend the Great Sand of those actions by the United States, Rights Act of 1964 and the Age Discrimina- Dunes National Park and Preserve Act of and to recommend appropriate rem- tion in Employment Act of 1967, and to mod- 2000 to explain the purpose and provide for edies, and for other purposes. the administration of the Baca National ify the operation of the Americans with Dis- S. 118 abilities Act of 1990 and the Rehabilitation Wildlife Refuge; to the Committee on Energy and Natural Resources. At the request of Mr. KOHL, the Act of 1973, to clarify that a discriminatory By Mr. NELSON of Florida: compensation decision or other practice that names of the Senator from Michigan S.J. Res. 4. A joint resolution proposing an is unlawful under such Acts occurs each time (Mr. LEVIN) and the Senator from Lou- amendment to the Constitution of the isiana (Ms. LANDRIEU) were added as compensation is paid pursuant to the dis- United States to abolish the electoral col- criminatory compensation decision or other lege and to provide for the direct popular cosponsors of S. 118, a bill to amend practice, and for other purposes; read the election of the President and Vice President section 202 of the Housing Act of 1959, first time. of the United States; to the Committee on to improve the program under such By Mrs. CLINTON (for herself, Mr. the Judiciary. section for supportive housing for the KENNEDY, Mr. HARKIN, Mrs. BOXER, elderly, and for other purposes. Mr. BROWN, Mr. DODD, Mr. FEINGOLD, f Mr. KERRY, Mr. LAUTENBERG, Mr. SUBMISSION OF CONCURRENT AND S. 142 LEAHY, Mr. LEVIN, Mr. MENENDEZ, SENATE RESOLUTIONS At the request of Mr. KERRY, the Ms. MIKULSKI, Mr. REED, Mr. SCHU- name of the Senator from South Da- The following concurrent resolutions MER, Ms. STABENOW, Mr. CARDIN, Ms. kota (Mr. JOHNSON) was added as a co- and Senate resolutions were read, and CANTWELL, Mrs. MURRAY, Ms. sponsor of S. 142, a bill to amend titles referred (or acted upon), as indicated: KLOBUCHAR, Mr. MERKLEY, Mr. DUR- XIX and XXI of the Social Security Act BIN, Mr. AKAKA, and Mr. REID): By Mr. REID (for himself, Mr. MCCON- to ensure that every uninsured child in S. 182. A bill to amend the Fair Labor NELL, Mr. KERRY, Mr. LUGAR, Mr. America has health insurance cov- Standards Act of 1938 to provide more effec- DURBIN, Mr. KYL, Mr. LEVIN, Mr. tive remedies to victims of discrimination in CHAMBLISS, Mr. LIEBERMAN, Mr. erage, and for other purposes. the payment of wages on the basis of sex, and HATCH, Mrs. BOXER, Mr. BOND, Mr. S. 154 for other purposes; read the first time. SCHUMER, Mr. DEMINT, Mr. LAUTEN- At the request of Mr. ENSIGN, the By Mr. SALAZAR (for himself and Mr. BERG, Mr. THUNE, Ms. LANDRIEU, Mr. name of the Senator from South Caro- UDALL of Colorado): CRAPO, Mr. MENENDEZ, Mr. MARTINEZ, lina (Mr. DEMINT) was added as a co- S. 183. A bill to establish the Dominguez- Ms. MIKULSKI, Mr. NELSON of Florida, sponsor of S. 154, a bill to require the Escalante National Conservation Area and Mr. CASEY, Mr. PRYOR, Mr. DORGAN, the Dominguez Canyon Wilderness Area; to Mr. CARPER, Mr. BAUCUS, Mr. BAYH, Congressional Budget Office and the the Committee on Energy and Natural Re- Mr. JOHANNS, Mrs. LINCOLN, Mr. Joint Committee on Taxation to use sources. BROWN and Mr. CARDIN): dynamic economic modeling in addi- By Mr. SALAZAR (for himself and Mr. S. Res. 10. A resolution recognizing the tion to static economic modeling in UDALL of Colorado): right of Israel to defend itself against at- S. 184. A bill to authorize the Secretary of the preparation of budgetary estimates tacks from Gaza and reaffirming the United of proposed changes in Federal revenue the Interior to carry out the Jackson Gulch States’ strong support for Israel in its battle rehabilitation project in the State of Colo- with Hamas, and supporting the Israeli-Pal- law. rado; to the Committee on Energy and Nat- estinian peace process; considered and f ural Resources. agreed to. By Mr. SALAZAR (for himself and Mr. By Mr. REID (for himself and Mr. STATEMENTS ON INTRODUCED UDALL of Colorado): MCCONNELL): BILLS AND JOINT RESOLUTIONS S. 185. A bill to establish the Sangre de S. Res. 11. A resolution to authorize pro- By Mr. KOHL (for himself, Mrs. Cristo National Heritage Area in the State of duction of documents to the Department of FEINSTEIN, Mr. LEAHY, Mr. Colorado, and for other purposes; to the Defense Inspector General; considered and Committee on Energy and Natural Re- agreed to. REID, Mr. SCHUMER, Mr. DUR- BIN, Mr. DODD, Mr. LAUTEN- sources. f By Mr. SALAZAR (for himself and Mr. BERG, Mrs. BOXER, Ms. UDALL of Colorado): ADDITIONAL COSPONSORS STABENOW, Mr. KERRY, and Mr. S. 186. A bill to establish the South Park S. 34 WHITEHOUSE): National Heritage Area in the State of Colo- At the request of Mr. DEMINT, the S. 167. A bill to amend the Omnibus rado, and for other purposes; to the Com- Crime Control and Safe Streets Act of mittee on Energy and Natural Resources. names of the Senator from Nebraska By Mr. UDALL of Colorado (for himself (Mr. JOHANNS) and the Senator from 1968 to enhance the COPS ON THE and Mr. SALAZAR): Tennessee (Mr. CORKER) were added as BEAT grant program, and for other S. 187. A bill to provide for the construc- cosponsors of S. 34, a bill to prevent purposes; to the Committee on the Ju- tion of the Arkansas Valley Conduit in the the Federal Communications Commis- diciary. State of Colorado; to the Committee on En- sion from repromulgating the fairness Mr. KOHL. Mr. President, I rise ergy and Natural Resources. doctrine. today with Senators FEINSTEIN, LEAHY, By Mr. UDALL of Colorado (for himself S. 61 REID, and others to introduce the COPS and Mr. SALAZAR): S. 188. A bill to provide for a study of op- At the request of Mr. DURBIN, the Improvement Act of 2009. This legisla- tions for protecting the open space charac- name of the Senator from Rhode Island tion would reauthorize one of the De- teristics of certain lands in and adjacent to (Mr. REED) was added as a cosponsor of partment of Justice’s most successful the Arapaho and Roosevelt National Forests S. 61, a bill to amend title 11 of the efforts to fight crime, the Community in Colorado, and for other purposes; to the United States Code with respect to Oriented Policing Services, COPS, pro- Committee on Energy and Natural Re- modification of certain mortgages on gram. sources. principal residences, and for other pur- The success story of the COPS pro- By Mr. UDALL of Colorado: S. 189. A bill to amend the National Trails poses. gram has been told many times, but it System Act to clarify Federal authority re- S. 69 is worth repeating. The goal in 1994 was lating to land acquisition from willing sell- At the request of Mr. INOUYE, the to put an additional 100,000 cops on the ers for the majority of the trails in the Sys- names of the Senator from Utah (Mr. beat. Over the next 5 years, from 1995

VerDate Nov 24 2008 02:26 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A08JA6.070 S08JAPT1 rfrederick on PROD1PC67 with SENATE January 8, 2009 CONGRESSIONAL RECORD — SENATE S213 to 1999, the COPS Universal Hiring Pro- tion found ‘‘COPS . . . to be one of the (G) by striking paragraph (13); gram distributed nearly $1 billion in most cost-effective options available (H) by redesignating paragraphs (14) grants to State and local law enforce- for fighting crime.’’ through (17) as paragraphs (12) through (15), It is also worth noting the assistance respectively; ment agencies to hire additional law (I) in paragraph (14), as so redesignated, by enforcement officers, allowing us to the COPS program can provide to our striking ‘‘and’’ at the end; achieve our goal of 100,000 new officers. economy. Few government programs (J) in paragraph (15), as so redesignated, by Common sense told the American can claim such a direct connection to striking the period at the end and inserting people that having more police walking job creation. The COPS Hiring Pro- a semicolon; and the beat would lead to less crime, and gram actually puts more people in this (K) by adding at the end the following: our experience with the COPS program country to work. In addition to reduc- ‘‘(16) establish and implement innovative proved that to be true. This unprece- ing crime, this investment can serve as programs to reduce and prevent illegal drug dented effort to put more police offi- a direct injection of money into the manufacturing, distribution, and use, includ- ing the manufacturing, distribution, and use cers in our communities coincided with American economy. It is difficult to overstate the impor- of methamphetamine; and significant reductions in crime during ‘‘(17) award enhancing community policing the 1990s. As the number of police rose, tance of passing the COPS Improve- and crime prevention grants that meet we saw 8 consecutive years of reduc- ment Act. Because of the success of the emerging law enforcement needs, as war- tions in crime. Few programs can program and the need for a renewed ranted.’’; claim such a clear record of success. commitment to it, the bill has long had (3) by striking subsection (c); Unfortunately, the success of the the support of every major law enforce- (4) by striking subsections (h) and (i); COPS program led some to declare vic- ment group in the Nation, including (5) by redesignating subsections (d) the International Association of Chiefs through (g) as subsections (f) through (i), re- tory. Beginning in 2001, funding for the spectively; COPS program came under attack. of Police, the National Association of Police Organizations, the National (6) by inserting after subsection (b) the fol- President Bush proposed cuts to the lowing: COPS program in each of his budget re- Sheriffs Association, the International ‘‘(c) TROOPS-TO-COPS PROGRAMS.— quests, and his proposed cuts to State Brotherhood of Police Organizations, ‘‘(1) IN GENERAL.—Grants made under sub- and local law enforcement programs the National Organization of Black section (a) may be used to hire former mem- has totaled well over $1 billion in re- Law Enforcement Officials, the Inter- bers of the Armed Forces to serve as career cent years. Despite bipartisan efforts national Union of Police Associations, law enforcement officers for deployment in and the Fraternal Order of Police. community-oriented policing, particularly in in Congress to prevent those cuts, communities that are adversely affected by a State and local law enforcement fund- These law enforcement officers put their lives on the line every day to recent military base closing. ing has consistently declined. Ulti- ‘‘(2) DEFINITION.—In this subsection, mately, the administration succeeded make our communities a safe place to ‘former member of the Armed Forces’ means in eliminating the COPS Hiring Pro- live, and they deserve our full support. a member of the Armed Forces of the United Mr. President, I ask unanimous con- gram in 2005. States who is involuntarily separated from These cuts have been felt by the peo- sent that the text of the bill be printed the Armed Forces within the meaning of sec- ple who work every day to keep our in the RECORD. tion 1141 of title 10, United States Code. There being no objection, the text of ‘‘(d) COMMUNITY PROSECUTORS PROGRAM.— communities safe, and the con- the bill was ordered to be printed in The Attorney General may make grants sequences have been real. Cities across the RECORD, as follows: under subsection (a) to pay for additional the country have seen the size of their community prosecuting programs, including police force reduced. New York has lost S. 167 programs that assign prosecutors to— thousands of police officers in recent Be it enacted by the Senate and House of Rep- ‘‘(1) handle cases from specific geographic resentatives of the United States of America in areas; and years. Other cities have hundreds of va- Congress assembled, cancies on their forces. Years of de- ‘‘(2) address counter-terrorism problems, SECTION 1. SHORT TITLE. specific violent crime problems (including creases in funding have led to fewer This Act may be cited as the ‘‘COPS Im- intensive illegal gang, gun, and drug enforce- cops on the beat and, unfortunately, provements Act of 2009’’. ment and quality of life initiatives), and lo- increases in violent crime. SEC. 2. COPS GRANT IMPROVEMENTS. calized violent and other crime problems Therefore, in order to restore the (a) IN GENERAL.—Section 1701 of the Omni- based on needs identified by local law en- safety of our neighborhoods and com- bus Crime Control and Safe Streets Act of forcement agencies, community organiza- munities, it is imperative that we com- 1968 (42 U.S.C. 3796dd) is amended— tions, and others. mit ourselves to restoring funding for (1) by amending subsection (a) to read as ‘‘(e) TECHNOLOGY GRANTS.—The Attorney follows: General may make grants under subsection the COPS program. The COPS Improve- ‘‘(a) GRANT AUTHORIZATION.—The Attorney (a) to develop and use new technologies (in- ment Act of 2009 would authorize $1.15 General shall carry out grant programs cluding interoperable communications tech- billion per year over 6 years for the under which the Attorney General makes nologies, modernized criminal record tech- COPS program. It would allocate $600 grants to States, units of local government, nology, and forensic technology) to assist million per year to hire officers to en- Indian tribal governments, other public and State and local law enforcement agencies in gage in community policing and as private entities, multi-jurisdictional or re- reorienting the emphasis of their activities school resource officers. It also author- gional consortia, and individuals for the pur- from reacting to crime to preventing crime poses described in subsections (b), (c), (d), and to train law enforcement officers to use izes $350 million per year for tech- and (e).’’; such technologies.’’; nology grants. (2) in subsection (b)— (7) in subsection (f), as so redesignated— The legislation would also provide (A) by striking the subsection heading text (A) in paragraph (1), by striking ‘‘to some relief to local prosecutors, who and inserting ‘‘COMMUNITY POLICING AND States, units of local government, Indian have also seen their ranks reduced by CRIME PREVENTION GRANTS’’; tribal governments, and to other public and the cuts in funding. Specifically, it in- (B) in paragraph (3), by striking ‘‘, to in- private entities,’’; cludes $200 million per year to help crease the number of officers deployed in (B) in paragraph (2), by striking ‘‘define for local district attorneys hire commu- community-oriented policing’’; State and local governments, and other pub- (C) in paragraph (4), by inserting ‘‘or lic and private entities,’’ and inserting ‘‘es- nity prosecutors. train’’ after ‘‘pay for’’; tablish’’; To be sure, some will argue that (D) by inserting after paragraph (4) the fol- (C) in the first sentence of paragraph (3), more than $1 billion is too large a price lowing: by inserting ‘‘(including regional community tag. It is hard to put a price tag on the ‘‘(5) award grants to hire school resource policing institutes)’’ after ‘‘training centers security of our communities. Investing officers and to establish school-based part- or facilities’’; and money in such a successful program nerships between local law enforcement (D) by adding at the end the following: with such an important goal is cer- agencies and local school systems to combat ‘‘(4) EXCLUSIVITY.—The Office of Commu- tainly worth the cost. We must also re- crime, gangs, drug activities, and other prob- nity Oriented Policing Services shall be the member that preventing crime from lems in and around elementary and sec- exclusive component of the Department of ondary schools;’’; Justice to perform the functions and activi- occurring saves taxpayers from the (E) by striking paragraph (9); ties specified in this paragraph.’’; costs associated with victim assistance (F) by redesignating paragraphs (10) (8) in subsection (g), as so redesignated, by and incarceration. For that reason, a through (12) as paragraphs (9) through (11), striking ‘‘may utilize any component’’, and recent report by the Brookings Institu- respectively; all that follows and inserting ‘‘shall use the

VerDate Nov 24 2008 01:38 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A08JA6.035 S08JAPT1 rfrederick on PROD1PC67 with SENATE S214 CONGRESSIONAL RECORD — SENATE January 8, 2009 Office of Community Oriented Policing Serv- the item relating to section 1706 and insert- from 2004 to 2006, homicides increased ices of the Department of Justice in carrying ing the following: overall by 10 percent, aggravated as- out this part.’’; ‘‘Sec. 1706. Enforcement actions.’’. saults with guns rose 10 percent, and (9) in subsection (h), as so redesignated— (f) DEFINITIONS.—Section 1709(1) of the Om- robberies rose 12 percent. (A) by striking ‘‘subsection (a)’’ the first nibus Crime Control and Safe Streets Act of This survey mirrors the FBI’s own place that term appears and inserting ‘‘para- 1968 (42 U.S.C. 3796dd–8(1)) is amended— graphs (1) and (2) of subsection (b)’’; and (1) by inserting ‘‘who is a sworn law en- statistics, which showed that violent (B) by striking ‘‘in each fiscal year pursu- forcement officer’’ after ‘‘permanent basis’’; crime rose by 1.8 percent between 2003 ant to subsection (a)’’ and inserting ‘‘in each and to 2007. And this surge in the violent fiscal year for purposes described in para- (2) by inserting ‘‘, including officers for the crime rate isn’t just limited to big cit- graph (1) and (2) of subsection (b)’’; Amtrak Police Department’’ before the pe- ies. In February 2008, in testimony be- (10) in subsection (i), as so redesignated, by riod at the end. fore the House Judiciary Committee, striking the second sentence; and (g) AUTHORIZATION OF APPROPRIATIONS.— Attorney General Mukasey acknowl- (11) by adding at the end the following: Section 1001(11) of the Omnibus Crime Con- ‘‘(j) RETENTION OF ADDITIONAL OFFICER PO- trol and Safe Streets Act of 1968 (42 U.S.C. edged that violent crime was increas- SITIONS.—For any grant under paragraph (1) 3793(11)) is amended— ing across all of our communities. or (2) of subsection (b) for hiring or rehiring (1) in subparagraph (A), by striking Let me put these numbers in human career law enforcement officers, a grant re- ‘‘$1,047,119,000 for each of fiscal years 2006 terms. The International Association cipient shall retain each additional law en- through 2009’’ and inserting ‘‘$1,150,000,000 for of Chiefs of Police equates the rise of forcement officer position created under that each of fiscal years 2009 through 2014’’; and 2.5 percent to 31,479 more victims of grant for not less than 12 months after the (2) in subparagraph (B)— violent crimes in 2005. The 3.7 increase end of the period of that grant, unless the (A) in the first sentence, by striking ‘‘3 for all of 2006 means about 47,000 more Attorney General waives, wholly or in part, percent’’ and inserting ‘‘5 percent’’; and the retention requirement of a program, (B) by striking the second sentence and in- Americans were victims of murder, project, or activity.’’. serting the following: ‘‘Of the funds available robbery, assault, rape, or other violent (b) APPLICATIONS.—Section 1702 of the Om- for grants under part Q, not less than crimes. nibus Crime Control and Safe Streets Act of $600,000,000 shall be used for grants for the Unfortunately, despite these dis- 1968 (42 U.S.C. 3796dd–1) is amended— purposes specified in section 1701(b), not turbing numbers and the Justice De- (1) in subsection (c)— more than $200,000,000 shall be used for partment’s own acknowledgement that (A) in the matter preceding paragraph (1), grants under section 1701(d), and not more violent crime is increasing, over the by inserting ‘‘, unless waived by the Attor- than $350,000,000 shall be used for grants last 8 years the Bush administration ney General’’ after ‘‘under this part shall’’; under section 1701(e).’’. (B) by striking paragraph (8); and (h) PURPOSES.—Section 10002 of the Public continually proposed drastic cuts in (C) by redesignating paragraphs (9) Safety Partnership and Community Policing the Federal assistance traditionally through (11) as paragraphs (8) through (10), Act of 1994 (42 U.S.C. 3796dd note) is amend- available to state and local law en- respectively; and ed— forcement. (2) by striking subsection (d). (1) in paragraph (4), by striking ‘‘develop- President Bush’s proposed fiscal year (c) RENEWAL OF GRANTS.—Section 1703 of ment’’ and inserting ‘‘use’’; and 2009 budget slashed funding for State the Omnibus Crime Control and Safe Streets (2) in the matter following paragraph (4), and local law enforcement at unprece- Act of 1968 (42 U.S.C. 3796dd–2) is amended to by striking ‘‘for a period of 6 years’’. read as follows: (i) COPS PROGRAM IMPROVEMENTS.— dented rates. After repeatedly pro- ‘‘SEC. 1703. RENEWAL OF GRANTS. (1) IN GENERAL.—Section 109(b) of the Om- posing to eliminate COPS hiring ‘‘(a) IN GENERAL.—A grant made under this nibus Crime Control and Safe Streets Act of grants, President Bush finally zeroed part may be renewed, without limitations on 1968 (42 U.S.C. 3712h(b)) is amended— out the entire COPS program for fiscal the duration of such renewal, to provide ad- (A) by striking paragraph (1); year 2009, replacing it with a mere $4 ditional funds, if the Attorney General deter- (B) by redesignating paragraphs (2) and (3) million for a new community policing mines that the funds made available to the as paragraphs (1) and (2), respectively; and grant. This is simply not acceptable (C) in paragraph (2), as so redesignated, by recipient were used in a manner required and our communities are suffering be- under an approved application and if the re- inserting ‘‘, except for the program under cipient can demonstrate significant progress part Q of this title’’ before the period. cause of it. in achieving the objectives of the initial ap- (2) LAW ENFORCEMENT COMPUTER SYS- During the 1990s and earlier years in plication. TEMS.—Section 107 of the Omnibus Crime this decade, the federal government ‘‘(b) NO COST EXTENSIONS.—Notwith- Control and Safe Streets Act of 1968 (42 vigorously funded grant programs for standing subsection (a), the Attorney Gen- U.S.C. 3712f) is amended by adding at the end state and local law enforcement, in- eral may extend a grant period, without lim- the following: cluding the COPS Program. We saw ‘‘(c) EXCEPTION.—This section shall not itations as to the duration of such extension, real results—violent crime went down to provide additional time to complete the apply to any grant made under part Q of this objectives of the initial grant award.’’. title.’’. year after year. It is no surprise that (d) LIMITATION ON USE OF FUNDS.—Section Mrs. FEINSTEIN. Mr. President, I with the recent cuts, violent crime 1704 of the Omnibus Crime Control and Safe am pleased to join Senators KOHL, rates have ticked back up. Streets Act of 1968 (42 U.S.C. 3796dd–3) is LEAHY, and others in introducing the This trend has to stop, and it is my amended— hope that Congress and the incoming (1) in subsection (a), by striking ‘‘that COPS Improvement Act of 2009. I am honored to join them in introducing Obama administration will move to would, in the absence of Federal funds re- correct the huge damage that has been ceived under this part, be made available this important bill on an issue that has from State or local sources’’ and inserting been so forcefully championed by Sen- inflicted on state and local law en- ‘‘that the Attorney General determines ator BIDEN for so many years. forcement in the last eight years. The would, in the absence of Federal funds re- It is my sincere hope that we are en- bill Senator KOHL and I introduce ceived under this part, be made available for tering the dawn of a new age in our ap- today will go a long way to do that. the purpose of the grant under this part from proach to State and local law enforce- We know what works and we can see State or local sources’’; and ment funding. For the last 8 years, the the results of ignoring and under- (2) by striking subsection (c). Bush administration has steadily and funding proven programs. We also (e) ENFORCEMENT ACTIONS.— know that crime often rises in times of (1) IN GENERAL.—Section 1706 of the Omni- drastically reduced the amount of bus Crime Control and Safe Streets Act of funding and programming that the economic trouble. Now is not the time 1968 (42 U.S.C. 3796dd–5) is amended— Federal Government provides to State to continue the rollbacks in state and (A) in the section heading, by striking and local law enforcement. This has law enforcement funding initiated by ‘‘REVOCATION OR SUSPENSION OF FUND- been a huge mistake, with a cor- the Bush administration. ING’’ and inserting ‘‘ENFORCEMENT AC- responding spike in the rise of violent This bill will serve a dual purpose— TIONS’’; and crime in our country. creating thousands of jobs in the cur- (B) by striking ‘‘revoke or suspend’’ and all The need for additional funding for rent economic downturn and providing that follows and inserting ‘‘take any enforce- state and local law enforcement state and local law enforcement with ment action available to the Department of the resources they need to successfully Justice.’’. through the COPS program is clear. (2) TECHNICAL AND CONFORMING AMEND- Over the last 5 years, our country has fight crime. MENT.—The table of contents of title I of the experienced an alarming increase in Specifically, the bill would authorize Omnibus Crime Control and Safe Streets Act violent crime. In 2007, the Police Exec- $1.15 billion per year for the next 6 of 1968 (42 U.S.C. 3711) is amended by striking utive Research Forum reported that years to fund the following:

VerDate Nov 24 2008 02:26 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A08JA6.036 S08JAPT1 rfrederick on PROD1PC67 with SENATE January 8, 2009 CONGRESSIONAL RECORD — SENATE S215 Police Hiring Grants: The bill au- bursement Protection Act of 2009 will lic safety services. For example, after thorizes $600 million per year to hire up help to alleviate the costs of illegal im- the SCAAP funding cuts in 2003, the to 50,000 officers to work in community migration to State and local govern- Los Angeles County Sheriff’s Depart- policing efforts, and school resource of- ments by broadening the State Crimi- ment implemented an ‘‘early release’’ ficers to fight school violence. These nal Alien Assistance Program, SCAAP, policy for prisoners convicted of mis- funds will create jobs in a worsening to ensure that States and localities are demeanors. economy, and can be used to retain of- eligible for reimbursement of the costs I believe it is the Federal Govern- ficers, pay overtime costs, and reim- associated with incarcerating criminal ment’s responsibility to control illegal burse officers for training costs. aliens. immigration. The funding cuts imposed Law Enforcement Technology We are joined today by Senators by the Bush administration have let Grants: The bill authorizes $350 million BOXER, HUTCHINSON, SCHUMER, CORNYN, our local public safety services down, per year for police departments to ob- DURBIN, CRAPO, BINGAMAN, SPECTER, and have made our communities less tain new technology and equipment to CANTWELL, and MCCAIN. safe. analyze real-time crime data and inci- The burden of incarcerating criminal The SCAAP Reimbursement Protec- dent reports to anticipate crime aliens weighs heavily on States, espe- tion Act of 2009 is good federal policy trends, map crime ‘‘hot-spots’’, exam- cially during this time of economic un- to fix a failed Federal one—so that ine DNA evidence, and purchasing certainty. California is home to ap- States are reimbursed for the full costs badly needed technology upgrades for proximately 32 percent of the Nation’s of incarcerating aliens who are either police on the street. illegal immigrants and spent over $950 charged with or convicted of a felony Community Prosecutor Grants: The million in 2008 alone to house these or two misdemeanors. bill authorizes $200 million per year to criminal aliens. This policy has the support of the help local district attorneys hire and Understanding the expenses that National Sheriffs’ Association, Cali- train more prosecutors. States and localities bear, Congress en- fornia State Association of Counties, Troops-to-Cops Program: The bill au- acted SCAAP in 1994 to help reimburse the U.S./Mexico Border Counties Coali- thorizes a troops-to-cops program to States and localities for the costs of in- tion, the Virginia Sheriffs’ Association, encourage local police agencies to hire carcerating criminal aliens. Prior to the Los Angeles County Sheriff Lee former military personnel who are hon- 2003, the Department of Justice inter- Baca, and the Sheriffs’ Association of orably discharged from military serv- preted the SCAAP statute to include Texas, who have all endorsed the bill I ice or who are displaced by base clos- reimbursement to States and localities am reintroducing today. Our colleagues in the House unani- ings to allow them to continue working that are incurring costs of incarcer- mously passed this companion bill last and engaging in public service. ating undocumented criminal aliens Congress and I urge my colleagues in The COPS Program is a time-tested who have been accused or convicted of this chamber to join me in supporting program that has proven its effective- State and local offenses and have been this much needed amendment to the ness for years. It is one of the corner- incarcerated for a minimum of 72 hours. After 2003, DOJ limited reim- SCAAP statute. stones in the State and local law en- Mr. President, I ask unanimous con- bursement to the amount States and forcement efforts that have removed sent that the text of the bill be printed thousands of pounds of drugs and mil- localities spend incarcerating con- in the RECORD. lions of dollars worth of drug proceeds victed criminal aliens for at least 4 There being no objection, the text of from communities across the country. consecutive days. the bill was ordered to be printed in Reimbursing States and localities Money from the COPS Program pro- the RECORD, as follows: vides law enforcement with the offi- only for the costs when a criminal cers, prosecutors and technology that alien is convicted and incarcerated for S. 168 they need to keep our communities 4 consecutive days significantly under- Be it enacted by the Senate and House of Rep- safe. All we have to do is look at the mines the goal of SCAAP that States resentatives of the United States of America in Congress assembled, and localities should not bear the bur- rising rates of violent crime that cor- SECTION 1. SHORT TITLE. respond to the staggering funding cuts den of a broken Federal immigration This Act may be cited as the ‘‘SCAAP Re- to understand how important these system. The actual costs of this failed imbursement Protection Act of 2009’’. programs are for our country. Federal system begin when these aliens SEC. 2. ASSISTANCE FOR STATES INCARCER- We must provide the necessary tools are charged with a crime, transported, ATING UNDOCUMENTED ALIENS and funds to State and local law en- and incarcerated for any length of CHARGED WITH CERTAIN CRIMES. forcement and act decisively to combat time. Section 241(i)(3)(A) of the Immigration and This narrow interpretation is even Nationality Act (8 U.S.C. 1231(i)(3)(A)) is the nation’s growing gang problem and amended by inserting ‘‘charged with or’’ be- violent crime. Enacting the COPS Im- more devastating because SCAAP is fore ‘‘convicted’’. provement Act of 2009 will be a step in consistently under-funded. The Presi- the right direction. I hope my col- dent has zeroed out SCAAP funding in By Ms. SNOWE (for herself, Ms. leagues will join Senator KOHL and I in his budget proposals for the past 7 CANTWELL, Mr. INOUYE, Mr. supporting this important legislation. years. Through bipartisan support, ROCKEFELLER, Ms. LANDRIEU, Congress was only able to partially Mr. KERRY, Mrs. BOXER, Mr. By Mrs. FEINSTEIN (for herself, fund the program. REED, Ms. COLLINS, and Mr. Mr. KYL, Mrs. BOXER, Mrs. As a result, SCAAP only reimburses NELSON of Florida): HUTCHISON, Mr. SCHUMER, Mr. States for a fraction of the costs of in- S. 171. A bill to develop and maintain CORNYN, Mr. DURBIN, Mr. carcerating criminal aliens. In 2008, the an integrated system of coastal and CRAPO, Mr. BINGAMAN, Mr. California State government will re- ocean observations for the Nation’s SPECTER, Ms. CANTWELL, and ceive approximately $118 million in coasts, oceans, and Great Lakes, to im- Mr. MCCAIN): SCAAP funding. However, it is esti- prove warnings of tsunami, hurricanes, S. 168. A bill to amend the Immigra- mated to cost the State approximately El Nino events, and other natural haz- tion and Nationality Act to provide for $960 million each year for the incarcer- ards, to enhance homeland security, to compensation to States incarcerating ation of criminal aliens in California— support maritime operations, to im- undocumented aliens charged with a $842 million above the reimbursement prove management of coastal and ma- felony or 2 or more misdemeanors; to amount. The State of California is rine resources, and for other purposes; the Committee on the Judiciary. therefore only being reimbursed for ap- to the Committee on Commerce, Mrs. FEINSTEIN. Mr. President, proximately 12 percent of its actual Science, and Transportation. today the Senate Judiciary Committee costs to incarcerate illegal criminal Ms. SNOWE. Mr. President, I rise held a hearing entitled ‘‘Helping State aliens. today to introduce the Coastal and and Local Law Enforcement During an This cut has had a domino effect on Ocean Observation System Act of 2009 Economic Downturn.’’ Today Senator public safety funding. For every dollar and the NOAA Undersea Research Pro- KYL and I are introducing a bill that less that SCAAP reimburses States, a gram Act of 2009. These bills will great- will do just that. The SCAAP Reim- dollar less is available for critical pub- ly enhance our nation’s existing ocean

VerDate Nov 24 2008 01:38 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A08JA6.038 S08JAPT1 rfrederick on PROD1PC67 with SENATE S216 CONGRESSIONAL RECORD — SENATE January 8, 2009 observation and research capabilities conditions, and predictions of other to science, archaeological and histor- and drastically improve our under- ocean phenomena. ical artifacts that can shed new light standing of the marine environment. Unfortunately, due to recent budget on our past, and marine resources that Oceans cover nearly three quarters of cuts within NOAA, in 2008 GoMOOS may support our ongoing quest for a the Earth’s surface, and have great in- was forced to remove several buoys sustainable future. fluence over our lives. They shape our from the water, compromising the in- In 2004 the U.S. Ocean Policy Com- weather and climate systems, provide tegrity of the system and reducing the missioners called for enhanced, com- highways for international and domes- quality of data available to system prehensive national programs in ocean tic commerce, sustain rich living and users. The funding levels authorized in exploration, undersea research, and non-living resources on which many of this bill will ensure that this system, ocean and coastal mapping. The vision our livelihoods are based, and provide which has been shown to return $6 to of the Commissioners, one that I share, our nation over 95,000 miles of shore- the regional economy for every dollar is for well-funded and interdisciplinary line which is the backbone of tourist invested, will continue to grow and programs. Such programs are being led and recreational activities in many of provide its vital services to our mari- by NOAA, with significant input from our coastal states. Despite the con- time community. partners in other agencies, academia, stant, intricate interaction between Of course, the need to access this and industry, but currently they lack our lives on land and the natural sys- type of information is not limited to formal Congressional authorization. tems of the ocean, we know woefully the Gulf of Maine. In June 2006, the This legislation would establish those little about the physical properties of Joint Ocean Commission Initiative, programs, and provide a strong founda- the overwhelming majority of our plan- made up of members from the Pew tion upon which we can continue to ex- et. What lies over the horizon remains, Ocean Commission and the U.S. Com- pand the quest for knowledge to areas by most accounts, a mystery. mission on Ocean Policy, presented to of the planet that have literally never Yet, the effects of those mysterious Congress a list of the ‘‘top ten’’ actions been seen by human eyes. I look for- systems can be devastating. In recent Congress should take to strengthen our ward to seeing these efforts enhanced years, hurricanes, tsunamis, and other ocean policy regime. One of those pri- under this legislation. natural disasters have devastated re- orities was ‘‘enact legislation to au- I am proud to introduce this legisla- gions of our nation, and other parts of thorize and fund the Integrated Ocean tion today as well, and I thank my co- the world. Today, we have the tech- Observing System.’’ Ocean and coastal sponsors on this bill, Senators INOUYE, nology to monitor a wide range of observations are a cornerstone of sound and ROCKEFELLER for their support. I ocean-based threats, from destructive marine science, management, and com- would also like to acknowledge my storms to quieter dangers such as merce. This bill will save lives by al- support for three other oceans bills harmful algal blooms and man-made lowing seafarers to better monitor being introduced by my colleagues si- pollution. The purpose of the Coastal ocean conditions and providing multaneously with these two bills: the Ocean Observing System Act is to put timelier and more accurate predictions Federal Ocean Acidification Research that technology to work predicting of potentially catastrophic weather and Monitoring Act, the Coastal and these threats more accurately and, and seismic phenomena. It will save Estuarine Lands Protection Act, and when possible, mitigating their im- taxpayers’ dollars by reducing the the Ocean and Coastal Mapping and In- pacts. emergency spending that comes in the tegration Act. All will be integral to This bipartisan, science-based bill wake of unanticipated storms, and it enhancing our nation’s coasts and would authorize the National Oceanic will enhance the appreciation and un- oceans and I am pleased to support my and Atmospheric Administration, or derstanding of our oceans and coastal colleagues’ efforts by offering my co- NOAA, to coordinate an interagency regions to benefit all Americans. sponsorship of these three pieces of leg- network of ocean observing and com- I am very proud to introduce this islation. munication systems around our na- bill, and I would like to thank my co- Mr. President, I ask unanimous con- tion’s coastlines. This system would sponsors, Senators CANTWELL, INOUYE, sent that the text of the bill be printed collect instantaneous data and infor- ROCKEFELLER, LANDRIEU, KERRY, in the RECORD. mation on ocean conditions—such as BOXER, REED, COLLINS, and BILL NEL- There being no objection, the text of temperature, wave height, wind speed, SON for contributing to this legislation the bill was ordered to be printed in currents, dissolved oxygen, salinity, and supporting this national initiative. the RECORD, as follows: contaminants, and other variables— Of course, our current and expanding that are essential to marine science ocean observation and communication S. 171 and resource management and can be system would not be possible without SECTION 1. SHORT TITLE. used to improve maritime transpor- the work of dedicated professionals in This Act may be cited as the ‘‘Coastal and tation, safety, and commerce. Such the ocean and coastal science, manage- Ocean Observation System Act of 2009’’. data would improve both short-term ment, and research communities—they SEC. 2. FINDINGS AND PURPOSES. forecasting that can mitigate impacts have taken the initiative to develop (a) FINDINGS.—Congress finds the fol- of major disasters, and prediction and the grassroots regional observation lowing: (1) The United States Commission on scientific analysis of long-term ocean systems as well as contribute to this Ocean Policy recommends a national com- and climate trends. legislation. Thanks to their ongoing ef- mitment to a sustained and integrated coast- My home State of Maine currently forts, ocean observations will continue al and ocean observing system and to coordi- participates in an innovative partner- to provide a tremendous service to the nated research programs which would pro- ship known as the Gulf of Maine Ocean American public. vide vital information to assist the Nation Observing System, or GoMOOS. While my ocean observing legislation and the world in understanding, monitoring, Launched in 2001, GoMOOS takes ocean will greatly enhance our ability to ana- and predicting changes to the ocean and and surface condition measurements on lyze and disseminate oceanographic coastal resources and the global climate sys- a hourly basis through a network of and meteorological data, we also face a tem, enhancing homeland security, improv- ing weather and climate forecasts, strength- linked buoys. These data are subse- shortfall in our Nation’s ability to ex- ening management and sustainable use of quently made available via the plore vast regions of our undersea ter- coastal and ocean resources, improving the GoMOOS website to scientists, stu- ritory. Nearly 3 years ago the U.S. safety and efficiency of maritime operations, dents, vessel captains, fishermen, and Commission on Ocean Policy released and mitigating the impacts of marine haz- anyone else with an interest in our its long-awaited report, which noted ards. oceans. The vast geographic range and that approximately 95 percent of the (2) The continuing and potentially dev- frequency of measurements has led to ocean’s floor remains uncharted terri- astating threat posed by tsunami, hurri- unprecedented developments in sci- tory. If past experience is any indica- canes, storm surges, and other marine haz- ards requires immediate implementation of entific analysis of ocean conditions in tion, fascinating discoveries await us strengthened observation and communica- the Gulf of Maine. It has also contrib- in these vast unexplored areas. These tions, and data management systems to pro- uted invaluable information to our re- regions are sure to include species of vide timely detection, assessment, and warn- gion’s assessments of fisheries, weather marine life that are currently unknown ings and to support response strategies for

VerDate Nov 24 2008 01:38 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A08JA6.061 S08JAPT1 rfrederick on PROD1PC67 with SENATE January 8, 2009 CONGRESSIONAL RECORD — SENATE S217 the millions of people living in coastal re- more effectively predict and mitigate im- (7) support the protection of critical coast- gions of the United States and throughout pacts of natural hazards, improve weather al habitats, such as coral reefs and wetlands, the world. and climate forecasts, conserve healthy and and unique ecosystems and resources; (3) Safeguarding homeland security, con- restore degraded coastal ecosystems, and en- (8) educate the public about the role and ducting search and rescue operations, re- sure usefulness of data and information for importance of the oceans, coasts, and Great sponding to natural and manmade coastal users; and Lakes in daily life; and hazards (such as oil spills and harmful algal (4) establishment of a network of regional (9) support research and development to blooms), and managing fisheries and other associations to operate and maintain re- ensure improvement to ocean, coastal, and coastal activities each require improved un- gional coastal and ocean observing systems Great Lakes observation measurements and derstanding and monitoring of the Nation’s to ensure fulfillment of national objectives to enhance understanding of the Nation’s waters, coastlines, ecosystems, and re- at regional scales and to address State and ocean, coastal, and Great Lakes resources. sources, including the ability to provide local needs for ocean information and data (b) SYSTEM ELEMENTS.—In order to fulfill rapid response teams with real-time environ- products. the purposes of this Act, the observing sys- tem shall consist of the following program mental conditions necessary for their work. SEC. 3. DEFINITIONS. elements: (4) The 95,000-mile coastline of the United In this Act: (1) A national program to fulfill national States, including the Great Lakes, is vital to (1) ADMINISTRATOR.—The term ‘‘Adminis- and international observation priorities. the Nation’s prosperity, contributing over trator’’ means Administrator of the National (2) A network of regional associations to $117 billion to the national economy in 2000, Oceanic and Atmospheric Administration. supporting jobs for more than 200 million manage the regional coastal and ocean ob- (2) COUNCIL.—The term ‘‘Council’’ means serving and information programs that col- Americans, handling $700 billion in water- the National Ocean Research Leadership lect, measure, and disseminate data and in- borne commerce, and supporting commercial Council established by section 7902 of title formation products. and sport fisheries valued at more than $50 10, United States Code. billion annually. (3) Data management, communication, and (3) INTERAGENCY OCEAN OBSERVATION COM- (5) Ensuring the effective implementation modeling systems for the timely integration MITTEE.—The term ‘‘Interagency Ocean Ob- of National and State programs to protect and dissemination of data and information servation Committee’’ means the committee unique coastal and ocean habitats, such as products from the national and regional sys- established under section 4(d). wetlands and coral reefs, and living marine tems. (4) NATIONAL OCEANOGRAPHIC PARTNERSHIP resources requires a sustained program of re- (4) A research and development program PROGRAM.—The term ‘‘National Oceano- search and monitoring to understand these conducted under the guidance of the Council, graphic Partnership Program’’ means the natural systems and detect changes that including projects under the National Ocean- program established under section 7901 of could jeopardize their long term viability. ographic Partnership Program, consisting of title 10, United States Code. (6) Many elements of a coastal and ocean the following: observing system are in place, but require (5) OBSERVING SYSTEM.—The term ‘‘observ- (A) Basic research to advance knowledge of national investment, consolidation, comple- ing system’’ means the integrated coastal, coastal and ocean systems and ensure im- tion, and integration among international, ocean, and Great Lakes observing system to provement of operational products, including Federal, regional, State, and local elements. be established by the Council under section related infrastructure, observing technology, (7) In 2003, the United States led more than 4(a). and information technology. 50 nations in affirming the vital importance (6) SECRETARY.—The term ‘‘Secretary’’ (B) Focused research and technology devel- of timely, reliable, long-term global observa- means the Secretary of Commerce, acting opment projects to improve understanding of tions as a basis for sound decision-making, through the National Oceanic and Atmos- the relationship between the coasts and recognizing the contribution of observation pheric Administration. oceans and human activities. systems to meet national, regional, and glob- SEC. 4. INTEGRATED COASTAL AND OCEAN OB- (C) Large scale computing resources and al needs, and calling for strengthened co- SERVING SYSTEM. research to advance modeling of coastal and operation and coordination in establishing a (a) ESTABLISHMENT.—The President, acting ocean processes. Global Earth Observation System of Sys- through the Council, shall establish and (5) A coordinated outreach, education, and tems, of which an integrated coastal and maintain an integrated system of coastal training program that integrates and aug- ocean observing system is an essential part. and ocean observations, data communication ments existing programs (such as the Na- (8) Protocols and reporting for observa- and management, analysis, modeling, re- tional Sea Grant College Program, the Cen- tions, measurements, and other data collec- search, education, and outreach designed to ters for Ocean Sciences Education Excel- tion for a coastal and ocean observing sys- understand current conditions and provide lence program, and the National Estuarine tem should be standardized to facilitate data data and information for the timely detec- Research Reserve System), to ensure the use use and dissemination. tion and prediction of changes occurring in of data and information for improving public (9) Key variables, including temperature, the ocean, coastal and Great Lakes environ- education and awareness of the Nation’s salinity, sea level, surface currents, ocean ments that impact the Nation’s social, eco- coastal and ocean environment and building color, nutrients, and variables, such as acid- nomic, and ecological systems. The observ- the technical expertise required to operate ity, that may indicate the occurrence and ing system shall provide for long-term, con- and improve the observing system. impacts of ocean acidification, should be col- tinuous and quality-controlled observations (c) COUNCIL FUNCTIONS.—The Council shall lected to address a variety of informational of the Nation’s coasts, oceans, and Great serve as the oversight body for the design needs. Lakes in order to— and implementation of all aspects of the ob- (b) PURPOSES.—The purposes of this Act (1) understand the effects of human activi- serving system. In carrying out its respon- are to establish an integrated national sys- ties and natural variability on and improve sibilities under this section, the Council tem of ocean, coastal, and Great Lakes ob- the health of the Nation’s coasts, oceans, shall— serving systems to address regional and na- and Great Lakes; (1) adopt plans, budgets, and standards tional needs for ocean information and to (2) monitor key variables including tem- that are developed and maintained by the provide for— perature, salinity, sea level, surface cur- Interagency Ocean Observation Committee (1) the planning, development, implemen- rents, ocean color, nutrients, and variables, in consultation with the regional associa- tation, and maintenance of an integrated such as acidity, that may indicate the occur- tions; coastal and ocean observing system that pro- rence and impacts of ocean acidification; (2) coordinate the observing system with vides data and information to sustain and re- (3) measure, track, explain, and predict cli- other earth observing activities including store healthy marine, coastal, and Great matic and environmental changes and pro- the Global Ocean Observing System and the Lakes ecosystems and manage the resources tect human lives and livelihoods from haz- Global Earth Observing System of Systems; they support, aid marine navigation safety ards such as tsunami, hurricanes, storm (3) coordinate and approve programs of in- and national security, support economic de- surges, coastal erosion, levy breaches, and tramural and extramural research, tech- velopment, enable advances in scientific un- fluctuating water levels; nology development, education, and out- derstanding of the oceans and the Great (4) supply critical information to marine- reach to support improvements to and the Lakes, and strengthen science education and related businesses such as marine transpor- operation of an integrated coastal and ocean communication; tation, aquaculture, fisheries, and offshore observing system and to advance the under- (2) implementation of research, develop- energy production and aid marine navigation standing of the oceans; ment, education, and outreach programs to and safety; (4) promote development of technology and improve understanding of the marine envi- (5) support national defense and homeland methods for improving the observing system; ronment and achieve the full national bene- security efforts; (5) support the development of institu- fits of an integrated coastal and ocean ob- (6) support the sustainable use, conserva- tional mechanisms and financial instru- serving system; tion, management, and enjoyment of healthy ments to further the goals of the program (3) implementation of a data, information ocean, coastal, and Great Lakes resources, and provide for the capitalization of the re- management, and modeling system required better understand the interactions of ocean quired infrastructure; by all components of an integrated coastal processes within the coastal zone, and sup- (6) provide, as appropriate, support for and and ocean observing system and related re- port implementation and refinement of eco- representation on United States delegations search to develop early warning systems to system-based management and restoration; to international meetings on coastal and

VerDate Nov 24 2008 01:38 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A08JA6.043 S08JAPT1 rfrederick on PROD1PC67 with SENATE S218 CONGRESSIONAL RECORD — SENATE January 8, 2009 ocean observing programs, including those such terms as the Administrator deems ap- nologies for collecting data regarding coast- under the jurisdiction of the International propriate; al and ocean waters of the United States; Joint Commission involving Canadian wa- (5) establish efficient and effective admin- (2) such technologies are tested including— ters; and istrative procedures for allocation of funds (A) accelerated research into biological (7) in consultation with the Secretary of among contractors, grantees, and regional and chemical sensing techniques and sat- State, support coordination of relevant Fed- associations in a timely manner, and contin- ellite sensors for collecting such data; and eral activities with those of other nations. gent on appropriations according to the (B) developing technologies to improve all (d) INTERAGENCY OCEAN OBSERVATION COM- budget adopted by the Council; aspects of the observing system, especially MITTEE.— (6) develop and implement a process for the the timeliness and accuracy of its predictive (1) ESTABLISHMENT.—The Council shall es- certification and assimilation into the na- models and the usefulness of its information tablish an Interagency Ocean Observation tional ocean observations network of the re- products; and Committee. gional associations and their periodic review (3) funding is made available and a plan is (2) RESPONSIBILITIES.—The Interagency and recertification and certify regional asso- developed and executed to transition tech- Ocean Observing Committee shall be respon- ciations that meet the requirements of sub- nology that has been demonstrated to be sible for program planning and coordination section (f); and useful for the observing system is incor- of the implementation of the observing sys- (7) develop a data management and com- porated into use by the observing system. tem. munication system, in accordance with the SEC. 6. INTERAGENCY FINANCING. (3) DUTIES.—The Interagency Ocean Ob- established standards and protocols, by The departments and agencies represented serving Committee shall report to the Coun- which all data collected by the observing cil and shall— on the Council are authorized to participate system regarding coastal waters of the in interagency financing and share, transfer, (A) prepare annual and long-term plans for United States are integrated and available. consideration and approval by the Council receive, obligate, and expend funds appro- (f) REGIONAL ASSOCIATIONS OF COASTAL AND for the design and implementation of the ob- priated to any member of the Council for the OCEAN OBSERVING SYSTEMS.— serving system that promote collaboration purposes of carrying out any administrative (1) The Secretary shall initiate a rule- or programmatic project or activity under among Federal agencies and regional asso- making proceeding to establish a process for ciations in developing global, national, and this Act or under the National Oceano- the certification of regional associations to regional observing systems, including identi- graphic Partnership Program, including sup- be responsible for the development and oper- fication and refinement of a core set of vari- port for the Interagency Oceans Observation ation of regional coastal and ocean observing ables to be measured by all systems; Committee, a common infrastructure, and systems to meet the information needs of (B) coordinate the development of agency system integration for a coastal and ocean user groups in the region while adhering to and regional associations priorities and observing system. Funds may be transferred national standards. To be certified a regional budgets to implement, operate, and maintain among such departments and agencies association shall meet the certification the observing systems; through an appropriate instrument that standards developed by the Interagency (C) establish and refine standards and pro- specifies the goods, services, or space being Ocean Observing Committee in conjunction tocols for data collection, management and acquired from another Council member and with the regional associations and approved communications, including quality control the costs of the same. by the Council and shall— standards, in consultation with participating SEC. 7. APPLICATION WITH OTHER LAWS. (A) demonstrate an organizational struc- Federal agencies and regional associations; Nothing in this Act supersedes or limits ture capable of supporting and integrating (D) establish a process for assuring compli- the authority of any agency to carry out its all aspects of coastal and ocean observing ance for all participating entities with the responsibilities and missions under other and information programs within a region standards and protocols for data manage- laws. and that reflects broad representation from ment and communications, including quality State and local government, commercial in- SEC. 8. AUTHORIZATION OF APPROPRIATIONS. control standards; terests, and other users and beneficiaries of There are authorized to be appropriated to (E) integrate, improve, and extend existing marine information; the National Oceanic and Atmospheric Ad- programs and research projects, and ensure (B) operate under a strategic operations ministration for the implementation of this that regional associations are integrated and business plan that details the operation Act, $150,000,000 for each of fiscal years 2009 into the operational observation system on a and support of regional coastal and ocean ob- through 2011 and $175,000,000 for each of fiscal sustained basis; serving systems pursuant to the standards years 2012 and 2013. At least 50 percent of (F) provide for the migration of scientific approved by the Council; and these sums shall be allocated to the regional and technological advances from research (C) work with governmental entities and associations certified under section 4(f) for and development to operational deployment; programs at all levels to identify and provide implementation of regional coastal and and information products of the observing sys- ocean observing systems. (G) perform such duties as the Council may tem for multiple users in the region to ad- SEC. 9. IMPLEMENTATION PLAN. delegate. vance outreach and education, to improve Not later than 12 months after the date of (4) IMPLEMENTATION.—There is established coastal and fishery management, safe and ef- the enactment of this Act, the Secretary an Interagency Program Coordinating Office. ficient marine navigation, weather and cli- shall submit to the Congress and the Council The Office shall be— mate prediction, to enhance preparation for a plan for implementation of this Act, in- (A) located in, but is not an office of, the hurricanes, tsunami, and other natural haz- cluding for— Department of Commerce; and ards, and other appropriate activities. (1) coordinating activities of the Secretary (B) staffed by employees of agencies rep- (2) For the purposes of this Act, employees under this Act with other Federal agencies; resented on the Interagency Ocean Observa- of Federal agencies may participate in the and tion Committee, to facilitate the Inter- functions of the regional associations. (2) distributing, to regional associations, agency Ocean Observation Committee’s re- (g) CIVIL LIABILITY.—For purposes of sec- funds available to carry out this Act. sponsibilities for system implementation, tion 1346(b)(1) and chapter 171 of title 28, budgeting, and administration. SEC. 10. REPORT TO CONGRESS. United States Code, the Suits in Admiralty (e) ROLE OF NOAA.—The National Oceanic (a) REQUIREMENT.—Not later than 2 years and Atmospheric Administration shall pro- Act (46 U.S.C. App. 741 et seq.), and the Pub- after the date of the enactment of this Act vide leadership for the implementation and lic Vessels Act (46 U.S.C. App. 781 et seq.), and every 2 years thereafter, the Adminis- administration of the observing system, in any regional coastal and ocean observing trator shall prepare and the President acting consultation with the Council, the Inter- system that is a designated part of a re- through the Council shall approve and trans- agency Ocean Observation Committee, other gional association certified under this sec- mit to the Congress a report on progress Federal agencies that maintain portions of tion shall, with respect to tort liability aris- made in implementing this Act. the observing system and the regional asso- ing from the dissemination and use of the (b) CONTENTS.—The report shall include the ciations, and shall— data, in carrying out the purposes of this following: (1) establish an Integrated Ocean Observing Act, be deemed to be part of the National (1) A description of activities carried out Program Office to facilitate action under the Oceanic and Atmospheric Administration, under the implementation plan and this Act. Administration’s leadership; and any employee of such system, while op- (2) An evaluation of the effectiveness of the (2) implement a merit-based funding proc- erating within the scope of his or her em- observing system. ess to support the activities of regional asso- ployment in carrying out such purposes, (3) Benefits of the program to users of data ciations; shall be deemed to be an employee of the products resulting from the observing sys- (3) provide opportunities for competitive Government. tem (including the general public, industry, contracts and grants to design, develop, inte- SEC. 5. PROCESS FOR TRANSITION FROM RE- scientists, resource managers, emergency re- grate, deploy, and support ocean observation SEARCH TO OPERATION. sponders, policy makers, and educators). system elements; The National Oceanic and Atmospheric Ad- (4) Recommendations concerning— (4) have the authority to enter into and ministration, in consultation with the Coun- (A) modifications to the observing system; perform such contracts, leases, grants, or co- cil, shall formulate a process by which— and operative agreements as may be necessary to (1) funding is made available for intra- (B) funding levels for the observing system carry out the purposes of this Act and on mural and extramural research on new tech- in subsequent fiscal years.

VerDate Nov 24 2008 01:38 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A08JA6.043 S08JAPT1 rfrederick on PROD1PC67 with SENATE January 8, 2009 CONGRESSIONAL RECORD — SENATE S219 (5) The results of a periodic external inde- (5) enhance the technical capability of the persedes, or limits the authority of the Sec- pendent programmatic audit of the observing United States marine science community by retary of the Interior under the Outer Conti- system. promoting the development of improved nental Shelf Lands Act (43 U.S.C. 1331 et oceanographic research, communication, seq.). By Ms. SNOWE (for herself, Mr. navigation, and data collection systems, as SEC. 106. AUTHORIZATION OF APPROPRIATIONS. INOUYE, and Mr. ROCKEFELLER): well as underwater platforms and sensor and There are authorized to be appropriated to S. 172. A bill to establish a coordi- autonomous vehicles; and the National Oceanic and Atmospheric Ad- nated national ocean exploration pro- (6) establish an ocean exploration forum to ministration to carry out this title— gram within the National Oceanic and encourage partnerships and promote commu- (1) $33,550,000 for fiscal year 2009; nication among experts and other stake- (2) $36,905,000 for fiscal year 2010; Atmospheric Administration, and for holders in order to enhance the scientific and (3) $40,596,000 for fiscal year 2011; other purposes; to the Committee on technical expertise and relevance of the na- (4) $44,655,000 for fiscal year 2012; Commerce, Science, and Transpor- tional program. (5) $49,121,000 for fiscal year 2013; tation. (b) DONATIONS.—The Administrator may (6) $54,033,000 for fiscal year 2014; and Ms. SNOWE. Mr. President, I ask accept donations of property, data, and (7) $59,436,000 for fiscal year 2015. unanimous consent that the text of the equipment to be applied for the purpose of TITLE II—UNDERSEA RESEARCH exploring the oceans or increasing knowl- bill be printed in the RECORD. PROGRAM edge of the oceans. There being no objection, the text of SEC. 201. PROGRAM ESTABLISHED. SEC. 104. OCEAN EXPLORATION AND UNDERSEA (a) IN GENERAL.—The Administrator of the the bill was ordered to be printed in RESEARCH TECHNOLOGY AND IN- the RECORD, as follows: FRASTRUCTURE TASK FORCE. National Oceanic and Atmospheric Adminis- tration shall establish and maintain an un- S. 172 (a) IN GENERAL.— The Administrator of the National Oceanic and Atmospheric Adminis- dersea research program and shall designate Be it enacted by the Senate and House of Rep- tration, in coordination with the National a Director of that program. resentatives of the United States of America in Science Foundation, the National Aero- (b) PURPOSE.—The purpose of the program Congress assembled, nautics and Space Administration, the is to increase scientific knowledge essential SECTION 1. SHORT TITLE. United States Geological Survey, the De- for the informed management, use, and pres- This Act may be cited as the ‘‘NOAA Ocean partment of the Navy, the Mineral Manage- ervation of oceanic, marine, and coastal Exploration and Undersea Research Program ment Service, and relevant governmental, areas and the Great Lakes. Act of 2009’’. non-governmental, academic, industry, and SEC. 202. POWERS OF PROGRAM DIRECTOR. TITLE I—OCEAN EXPLORATION other experts, shall convene an ocean explo- The Director of the program, in carrying ration and undersea research technology and out the program, shall— SEC. 101. PURPOSE. (1) cooperate with institutions of higher The purpose of this title is to establish the infrastructure task force to develop and im- plement a strategy— education and other educational marine and national ocean exploration program and the ocean science organizations, and shall make national undersea research program within (1) to facilitate transfer of new exploration and undersea research technology to the pro- available undersea research facilities, equip- the National Oceanic and Atmospheric Ad- ment, technologies, information, and exper- ministration. grams authorized under this Act; (2) to improve availability of communica- tise to support undersea research efforts by SEC. 102. PROGRAM ESTABLISHED. tions infrastructure, including satellite ca- these organizations; The Administrator of the National Oceanic pabilities, to such programs; (2) enter into partnerships, as appropriate and Atmospheric Administration shall, in (3) to develop an integrated, workable, and and using existing authorities, with the pri- consultation with the National Science comprehensive data management informa- vate sector to achieve the goals of the pro- Foundation and other appropriate Federal tion processing system that will make infor- gram and to promote technological advance- agencies, establish a coordinated national mation on unique and significant features ment of the marine industry; and ocean exploration program within the Na- obtained by such programs available for re- (3) coordinate the development of agency tional Oceanic and Atmospheric Administra- search and management purposes; budgets and identify the items in their an- tion that promotes collaboration with other (4) to conduct public outreach activities nual budget that support the activities de- Federal ocean and undersea research and ex- that improve the public understanding of scribed in paragraphs (1) and (2). ploration programs. To the extent appro- ocean science, resources, and processes, in SEC. 203. ADMINISTRATIVE STRUCTURE. priate, the Administrator shall seek to fa- conjunction with relevant programs of the (a) IN GENERAL.—The program shall be con- cilitate coordination of data and information National Oceanic and Atmospheric Adminis- ducted through a national headquarters, a management systems, outreach and edu- tration, the National Science Foundation, network of extramural regional undersea re- cation programs to improve public under- and other agencies; and search centers that represent all relevant standing of ocean and coastal resources, and (5) to encourage cost-sharing partnerships National Oceanic and Atmospheric Adminis- development and transfer of technologies to with governmental and nongovernmental en- tration regions, and the National Institute facilitate ocean and undersea research and tities that will assist in transferring explo- for Undersea Science and Technology. exploration. ration and undersea research technology and (b) DIRECTION.—The Director shall develop SEC. 103. POWERS AND DUTIES OF THE ADMINIS- technical expertise to the programs. the overall direction of the program in co- TRATOR. (b) BUDGET COORDINATION.—The task force ordination with a Council of Center Direc- (a) IN GENERAL.—In carrying out the pro- shall coordinate the development of agency tors comprised of the directors of the extra- gram authorized by section 102, the Adminis- budgets and identify the items in their an- mural regional centers and the National In- trator of the National Oceanic and Atmos- nual budget that support the activities iden- stitute for Undersea Science and Tech- pheric Administration shall— tified in the strategy developed under sub- nology. The Director shall publish a draft (1) conduct interdisciplinary voyages or section (a). program direction document not later than 1 other scientific activities in conjunction SEC. 105. OCEAN EXPLORATION ADVISORY year after the date of enactment of this Act with other Federal agencies or academic or BOARD. in the Federal Register for a public comment educational institutions, to explore and sur- (a) ESTABLISHMENT.—The Administrator of period of not less than 120 days. The Director vey little known areas of the marine envi- the National Oceanic and Atmospheric Ad- shall publish a final program direction, in- ronment, inventory, observe, and assess liv- ministration shall appoint an Ocean Explo- cluding responses to the comments received ing and nonliving marine resources, and re- ration Advisory Board composed of experts during the public comment period, in the port such findings; in relevant fields— Federal Register within 90 days after the (2) give priority attention to deep ocean re- (1) to advise the Administrator on priority close of the comment period. The program gions, with a focus on deep water marine sys- areas for survey and discovery; director shall update the program direction, tems that hold potential for important sci- (2) to assist the program in the develop- with opportunity for public comment, at entific discoveries, such as hydrothermal ment of a 5-year strategic plan for the fields least every 5 years. vent communities and seamounts; of ocean, marine, and Great Lakes science, SEC. 204. RESEARCH, EXPLORATION, EDUCATION (3) conduct scientific voyages to locate, de- exploration, and discovery; AND TECHNOLOGY PROGRAMS. fine, and document historic shipwrecks, sub- (3) to annually review the quality and ef- (a) IN GENERAL.—The following research, merged sites, and other ocean exploration fectiveness of the proposal review process es- exploration, education, and technology pro- activities that combine archaeology and tablished under section 103(a)(4); and grams shall be conducted through the net- oceanographic sciences; (4) to provide other assistance and advice work of regional centers and the National In- (4) develop and implement, in consultation as requested by the Administrator. stitute for Undersea Science and Tech- with the National Science Foundation, a (b) FEDERAL ADVISORY COMMITTEE ACT.— nology: transparent, competitive process for merit- Section 14 of the Federal Advisory Com- (1) Core research and exploration based on based peer-review and approval of proposals mittee Act (5 U.S.C. App.) shall not apply to national and regional undersea research pri- for activities to be conducted under this pro- the Board appointed under subsection (a). orities. gram, taking into consideration advice of (c) APPLICATION WITH OUTER CONTINENTAL (2) Advanced undersea technology develop- the Board established under section 105; SHELF LANDS ACT.—Nothing in this title su- ment to support the National Oceanic and

VerDate Nov 24 2008 01:38 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A08JA6.043 S08JAPT1 rfrederick on PROD1PC67 with SENATE S220 CONGRESSIONAL RECORD — SENATE January 8, 2009 Atmospheric Administration’s research mis- (7) for fiscal year 2015— vance within a career or company to sion and programs. (A) $24,359,000 for the regional centers, of more skilled positions and better wages (3) Undersea science-based education and which 50 percent shall be for West Coast re- and benefits. outreach programs to enrich ocean science gional centers and 50 percent shall be for For employers, Skills Standards Cer- education and public awareness of the oceans East Coast regional centers; and and Great Lakes. (B) $9,744,000 for the National Technology tifications can simplify the search for (4) Development, testing, and transition of Institute. employees. I have heard from numer- advanced undersea technology associated ous Wisconsin employers, especially with ocean observatories, submersibles, ad- By Mr. FEINGOLD: small businesses with limited re- vanced diving technologies, remotely oper- S. 175. A bill to evaluate certain sources, that it is hard to find employ- ated vehicles, autonomous underwater vehi- skills certification programs, and for ees with the skills they need, or who cles, and new sampling and sensing tech- other purposes; to the Committee on will be dedicated and loyal. Skills nologies. Health, Education, Labor, and Pen- Standards Certifications clearly show (5) Discovery, study, and development of natural resources and products from ocean, sions. the qualification of an individual, of coastal, and aquatic systems. Mr. FEINGOLD. Mr. President, today course, but also tell the employer that (b) OPERATIONS.—The Director of the pro- I introduce a straight-forward bill that he or she is dedicated enough to invest gram, through operation of the extramural is a first step toward helping American in the course to earn the certificate. regional centers and the National Institute workers and businesses. This bill is Very few people will spend the time for Undersea Science and Technology, shall part of my E–4 Initiative, which fo- and money to enroll in such a program leverage partnerships and cooperative re- cuses on issues affecting the economy, search with academia and private industry. if they don’t intend to use the certifi- energy, education and employment. SEC. 205. COMPETITIVENESS. cate. (a) DISCRETIONARY FUND.—The Program The Skills Standards Certification Lastly, these programs can help state shall allocate no more than 10 percent of its Evaluation Act will require the Secre- and local governments quantify their annual budget to a discretionary fund that taries of Labor, Education and Com- skilled workforce, which can be invalu- may be used only for program administra- merce to evaluate skills standards cer- able when marketing the area to busi- tion and priority undersea research projects tification programs that have been de- nesses and investment. identified by the Director but not covered by veloped with federal funding. This bill is a small first step in what funding available from centers. Skills Standards Certifications have (b) COMPETITIVE SELECTION.—The Adminis- I hope can be a continuing effort to trator shall conduct an initial competition emerged over the past two decades in help hard-working Americans obtain to select the regional centers that will par- response to job growth in high-tech- and use high-demand work skills. ticipate in the program 90 days after the nology and varied industries. The publication of the final program direction training or classes usually take weeks By Mr. FEINGOLD: under section 203 and every 5 years there- or months, rather than years. Often, S. 176. A bill to improve the job ac- after. Funding for projects conducted they are developed in response to the cess and reverse commute program, through the regional centers shall be award- and for other purposes; to the Com- ed through a competitive, merit-reviewed needs of one industry or even one com- process on the basis of their relevance to the pany, though the skills are often appli- mittee on Banking, Housing, and goals of the program and their technical fea- cable more widely. Urban Affairs. sibility. As the President-elect and Congress Mr. FEINGOLD. Mr. President, today SEC. 206. AUTHORIZATION OF APPROPRIATIONS. work to save and create jobs through I reintroduce a piece of my E4 initia- There are authorized to be appropriated to additional funding for infrastructure, tive, so named because it is a collec- the National Oceanic and Atmospheric Ad- green jobs, and similar programs, tion of proposals that address issues ministration to carry out this title— among other things, it is even more important to the economy, education, (1) for fiscal year 2009— (A) $13,750,000 for the regional centers, of critical that employers be able to find employment and energy. This piece of which 50 percent shall be for West Coast re- qualified workers for a variety of posi- the E4 legislation focuses on the impor- gional centers and 50 percent shall be for tions. Workers who can easily dem- tant supporting role that transpor- East Coast regional centers; and onstrate their skills quickly and easily tation can play in economic develop- (B) $5,500,000 for the National Technology will be able to benefit from such in- ment by creating an environment Institute; vestments early on. where employers and those seeking em- (2) for fiscal year 2010— Over the past two decades, the Fed- ployment or better employment are (A) $15,125,000 for the regional centers, of eral Government has taken conflicting connected together. Having such a sys- which 50 percent shall be for West Coast re- gional centers and 50 percent shall be for approaches to skills standards certifi- tem to overcome transportation hur- East Coast regional centers; and cations. That is why, as part of the dles can benefit both employers and (B) $6,050,000 for the National Technology Skills Standards Certification Evalua- employees, as well as the local econ- Institute; tion Act, I require a recommendation omy and is all the more important in (3) for fiscal year 2011— from the Secretaries of Labor and Com- these difficult economic times. (A) $16,638,000 for the regional centers, of merce on how Congress ought to move In more general terms, investing in which 50 percent shall be for West Coast re- forward with funding for these certifi- our infrastructure like roads, bridges gional centers and 50 percent shall be for cation programs. Both the national, and transit systems can have direct job East Coast regional centers; and creation impacts. This is one reason I (B) $6,655,000 for the National Technology top-down, and a local, bottom-up ap- Institute; proach have been tried, and a thorough have fought hard with the rest of the (4) for fiscal year 2012— evaluation will make clear how we can delegation for a fair rate of return for (A) $18,301,000 for the regional centers, of move forward to get the most out of Wisconsin from the highway bill. It is which 50 percent shall be for West Coast re- the funding the Federal Government also why in a letter I sent to President- gional centers and 50 percent shall be for provides. elect Obama and Senate leaders I in- East Coast regional centers; and These certifications have a tremen- cluded highway and transit projects as (B) $7,321,000 for the National Technology dous benefit for workers. First, because part of a variety of ready-to-go infra- Institute; the training is often condensed into a structure projects that should be in- (5) for fiscal year 2013— (A) $20,131,000 for the regional centers, of few weeks with a flexible schedule, it cluded in the forthcoming economic re- which 50 percent shall be for West Coast re- allows people to complete certifi- covery program. gional centers and 50 percent shall be for cations without leaving a current job In addition to supporting transpor- East Coast regional centers; and and without the financial cost of at- tation-related jobs, linking workers (B) $8,053,000 for the National Technology tending a full-time program that lasts and businesses that need them can also Institute; a year or more. In addition, these pro- be an important part of a more com- (6) for fiscal year 2014— grams allow workers to clearly dem- prehensive job creation strategy. This (A) $22,145,000 for the regional centers, of onstrate a certain set of skills, and can mean supporting a robust public which 50 percent shall be for West Coast re- gional centers and 50 percent shall be for may open more doors for higher-paying transportation system or more specific East Coast regional centers; and employment. Because these programs programs designed to link low-income (B) $8,859,000 for the National Technology can be completed without leaving individuals with jobs. I have consist- Institute; and work, they also allow workers to ad- ently done the former by supporting

VerDate Nov 24 2008 01:38 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A08JA6.044 S08JAPT1 rfrederick on PROD1PC67 with SENATE January 8, 2009 CONGRESSIONAL RECORD — SENATE S221 public transportation during consider- ramps up funding by $100 million over 5 interconnected system should ulti- ation of the highway bill and Amtrak years from the current funding of $165 mately provide more efficient and ef- reauthorizations. But my specific pro- million to $265 million in fiscal year fective service. posal today focuses on the latter and 2014. While the FTA already provides some improving the Job Access and Reverse My proposal would also allow the technical assistance for the JARC pro- Commute, JARC, program that links Federal share of projects to increase to gram, my proposal provides a small low-income workers with employers. 80 percent from the current 50 percent boost in funding and some additional I have heard good things about the level for operating expenses. The 50 areas of emphasis. For example, after JARC program and was glad that it percent local and State match wasn’t hearing about the struggles that some was shifted away from earmarks and feasible for far too many local govern- small nonprofits have with the report- was made available as a combination ments in Wisconsin and as a result Wis- ing requirements, in addition to look- formula and competitively awarded consin has not been able to spend all ing for ways to streamline the require- program in the last highway bill. The its Federal funds. The higher Federal ments, my proposal would direct the primary program goal is to locally as- cost share will better balance the need FTA to also provide some technical as- sess the transportation needs of low-in- to leverage Federal funds, while ensur- sistance especially targeted to this come workers and then plan and fund ing that these critical funds are fully need. programs to help alleviate transpor- utilized—millions of dollars in an ac- The final element of my proposal is tation-related barriers to employment count does nothing to link people to the offset. The new spending author- or better employment. While initially jobs. ized in the proposal is fully offset by this may have been viewed as a way to Besides the challenge in coming up rescinding highway and bridge ear- support reverse commute projects with a 50 percent local cost share, the marks that have not had funds spent whereby transit routes were estab- other main issue that has kept JARC from them despite being authorized lished to allow city center residents to from being as effective as it could be is over a decade ago as part of the TEA– access jobs in the suburbs, the program the paperwork and reporting burden re- 21 highway bill. Helping connect work- actually does much more than just this quired by the program, especially for ers and employers is a much better use and provides reliable transportation to the small nonprofit groups that often of these funds than letting them sit un- low-income urban, rural and suburban have never dealt with Federal grant re- used in some obscure DOT account. workers. quirements before. My proposal directs Providing reliable transportation to In Wisconsin, the Federal JARC pro- the Federal Transit Agency, FTA, to low-income individuals only goes so gram is jointly administered by the examine the current reporting require- far—it is the companies and innovators State departments of transportation ments to see if there are ways to creating the jobs and the individuals and workforce development as the Wis- streamline the amount of paperwork seeking to better their lot through edu- consin Employment Transportation required while still ensuring that the cation or more challenging employ- Assistance Program, WETAP. Accord- program goals are met. ment, that are doing the heavy lifting. ing to the Wisconsin Department of My bill also includes a pilot program That being said, transportation can Transportation, transportation bar- funded at $10 million a year for 5 years clearly be a challenge for companies riers can include a lack of a dependable in order to test a few areas that seem and workers and in the case of the vehicle or bus service in the area, an very promising, but should be evalu- JARC program can play an important absence of local jobs, or childcare ated more fully before broader imple- supporting role. transportation problems. The State mentation. The first portion of the By Mr. FEINGOLD: agencies in Wisconsin have found sev- pilot program builds off the regulatory S. 177. A bill to amend the Small eral different types of projects to be ef- streamlining evaluation and allows the Business Act to extend the Small Busi- fective depending on the local cir- FTA to test streamlined reporting re- ness Innovation Research and Small cumstances. These projects have in- quirements to help get the balance be- Business Technology Transfer pro- cluded the traditional public transit tween oversight and administrative grams, to increase the allocation of projects such as extending bus lines or burden right. Federal agency grants for these pro- supporting van-pooling, along with The second part of the pilot program grams, to add water, energy, transpor- other programs such as providing cars focuses on improving education- and tation, and domestic security related or car repairs to low-income individ- employment-related transportation for research to the list of topics deserving uals. Wisconsin has even found that as- teens and young adults. Enabling stu- special consideration, and for other sisting with indirect barriers such as dents and young people to reliably get purposes; to the Committee on Small transportation of children to and from between their high schools or neighbor- Business and Entrepreneurship. childcare facilities is critical in allow- hoods and technical colleges, job train- Mr. FEINGOLD. Mr. President, we ing some individuals to improve their ing centers or apprenticeships can have are all aware of the serious challenges job prospects. a lifelong positive impact. our economy faces in the short term A recent University of Illinois Chi- The third section of the pilot pro- and the urgency of our need to promote cago, UIC, study found that the soci- gram would allow experimentation job creation and economic develop- etal benefits from this program are with combining different transit pro- ment. I am committed to engaging in $1.65 per dollar spent and estimates grams and integrating JARC projects this broad effort with my colleagues on lifetime benefits to low income partici- across local political boundaries to both sides of the aisle. But it is essen- pants of $15 per dollar spent due to provide a more comprehensive local tial that our efforts not just be short their ability to find and retain better transportation system. Instead of hav- term fixes—they must not only aim to paying jobs. While the goals of the Job ing one transit program to assist the create jobs and investment opportuni- Access and Reverse Commute program disabled, one targeted toward the el- ties in the short term, they must be are important and the program has derly and another focused on jobs, this part of strategic efforts to strengthen been found to be fairly effective, there pilot program would encourage funding our Nation’s innovation capabilities are some details that have prevented combined applications to meet these and sustain long term economic devel- the program from reaching its full po- needs together with one comprehensive opment in a changing and competitive tential. Working closely with transpor- project. There is even the potential for global environment. There is no better tation officials in Wisconsin and par- the Department of Transportation to way to do this than by stimulating and tially based on recommendations from further coordinate with other depart- supporting small business innovation, the UIC study, I’ve come up with some ments such as Health and Human Serv- especially in areas of national priority. specific ideas to improve the program. ices for healthcare-related transpor- As part of this effort, today I am intro- With a proven effective program and tation. Similarly, the needs of employ- ducing the Strengthening Our Econ- continuing unmet needs by employers ers for employees do not recognize omy Through Small Business Innova- and low-income individuals seeking local political boundaries, so encour- tion Act of 2009. employment, JARC could use a boost aging greater collaboration between Job growth, innovation and economic in funding. So that is why my proposal local entities to make a more robust development are driven by our small

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Small businesses are these objectives, those funds could be em- tation priorities. This is not only a proven innovators and drive commer- ployed effectively by the nation’s SBIR. good investment in short term job cre- cialization of cutting edge tech- The NRC’s study also found that uni- ation; it is an imperative investment in nologies. Not only are small businesses versities and other non-profit research our Nation’s long term innovation our major source of employment, they institutions would benefit significantly prospects and economic development. employ about one third of our coun- from the increase in both the SBIR and The costs of my bill would be fully try’s scientists and engineers and gen- the STTR programs. In particular, the offset by cancellation of the airborne laser program. CBO estimates that can- erate more patents on a per capita STTR allocation increase will directly celling that program will produce sav- basis than large businesses and univer- benefit universities and efforts to bring ings of over $2.6 billion. sities. They also are effective partners university-based research into the with universities to enhance product commercial marketplace, as a partner- By Mr. FEINGOLD: creation, develop university income ship with a non-profit research institu- S. 178. A bill to amend the Elemen- and attract university graduates and tion, such as a university, is a require- tary and Secondary Education Act of faculty through increased innovative ment of all STTR award recipients. 1965 to authorize a connecting edu- job opportunities. Many of the small businesses that re- cation and emerging professions dem- Over the last 25 years, through the ceive SBIR funding are rooted in the onstration grant program; to the Com- Small Business Innovation and Re- university infrastructure so investiga- mittee on Health, Education, Labor, search program, SBIR, and, more re- tors and graduates from universities and Pensions. cently, the Small Business Technology will have opportunities to be part of Mr. FEINGOLD. Mr. President, as the Transfer program, STTR, up to 2.5 per- commercial developments. More than 111th Congress begins, I am reintro- cent and 0.3 percent, respectively, of two-thirds of SBIR companies report ducing a number of different bills de- Federal R&D funds from 11 Federal that at least one founder was pre- signed to fuel job creation and spur agencies have been specifically allo- viously an academic. About one-third economic development. My initiative, cated to our Nation’s small businesses of SBIR company founders were most dubbed E4 because of its focus on econ- to fund innovation. These small busi- recently employed as academics before omy, employment, education, and en- ness allocations are not sufficient. We founding the company. Over a third of ergy, seeks to respond to economic and must diversify and strengthen innova- SBIR projects cite direct university in- job development needs both in my tion capabilities and our economic volvement with 27 percent of projects State of Wisconsin and around the base, and to accomplish this we must having university faculty as contrac- country. These challenging economic extend and increase R&D allocations to tors on the project, 17 percent using times call for a comprehensive set of our Nation’s innovative small busi- universities themselves as subcontrac- solutions including providing new job nesses. tors, and 15 percent employing grad- training opportunities for workers, fos- My bill does 3 things. First, it ex- uate students. tering innovation among small busi- tends the SBIR and STTR programs for In its report accompanying reauthor- nesses, protecting the existing family- a further 14 years so that small busi- ization legislation, the Senate Small supporting jobs in our nation, and nesses, as well as universities and non- Business and Entrepreneurship Com- boosting educational opportunities for profit research organizations that col- mittee recently concluded that: young Americans. Today I am intro- laborate with small businesses, can increases in the SBIR allocation will invest ducing the Connecting Education and continue to leverage Federal research money in research, contracting, internships, Emerging Professions Act of 2009, and development funding. and other collaborative activities done with which provides competitive grants to Second, it significantly increases the universities, with the contracting and pat- States and local school districts to pro- allocation of funds and the awards enting activities with SBIR companies being mote better collaboration between from large Federal research and devel- a sizable source of revenue for universities as high schools and local businesses and opment budgets to small businesses well. The university-industry partnerships workforce development groups. This E4 through the SBIR and STTR programs. that SBIR creates are crucial in that they education initiative is designed to help provide an applied research and commer- It would increase the SBIR allocation prepare America’s students for future from its current 2.5 percent to 10 per- cialization focus that otherwise likely would not be present in university research. More success in the workforce and post-sec- cent and the STTR allocation from 0.3 specifically, the partnerships are important ondary education as well as enhance percent to 1.0 percent over a 3-year pe- in exposing faculty and the next generation America’s competitiveness in the glob- riod. It would increase SBIR phase I of scientists and engineers to commercial re- al economy as we prepare to enter the awards from $100,000 to $300,000 and search and development. SBIR businesses second decade of the twenty-first cen- phase II awards from $750,000 to $2.2 provide graduate and undergraduate stu- tury. million. Third, it identifies specific dents with hands-on experience and job op- Helping to ensure that all American funding priorities for energy innova- portunities that universities would be unable students have access to a high-quality tion; safe and secure water; domestic to provide alone. education is critical to boosting Amer- security; and transportation. Our country not only faces imme- ica’s competitiveness and helping to The SBIR program is tested, success- diate economic and employment chal- ensure that our country is better ful and worthy of extension. In its com- lenges, it faces major challenges in equipped to respond to the economic prehensive study of the SBIR program, transportation, energy, domestic secu- challenges currently before us. Invest- the National Research Council found rity and water quality and safety. Tar- ment in our young people now will pay that the program ‘‘is sound in concept geted research and development will be off in the future when these individuals and effective in practice’’; was ‘‘stimu- critical. Congress, with non-partisan are better prepared to compete for the lating technological innovation’’; expert guidance, has a role to play in highly skilled jobs of tomorrow. If the ‘‘linking universities to the public and guiding our national research and de- United States is to remain competitive private markets’’; ‘‘increasing private velopment priorities and, in this case, on an international stage and continue sector commercialization of innova- stimulating small business innovation to lead the world in innovation and de- tions’’ at an ‘‘impressive’’ rate; and and job creation in specific areas of velopment, we need to make certain ‘‘providing widely distributed support critical national need. The National that our young people are well pre- for innovation activity.’’ The study Academies of Science and other inde- pared to meet current and future eco- concluded that: pendent government research organiza- nomic challenges. [T]he program is proving effective in meet- tions provide us with carefully re- Improving educational opportunities ing Congressional objectives. It is increasing searched and considered recommenda- in the United States is going to require

VerDate Nov 24 2008 02:26 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A08JA6.046 S08JAPT1 rfrederick on PROD1PC67 with SENATE January 8, 2009 CONGRESSIONAL RECORD — SENATE S223 a comprehensive set of policy strate- school is not relevant to their lives and ways curriculum or program that the gies and I look forward to working do not see how completing high school eligible partnership has designed and with my colleagues in Congress this will translate into future career and will offer students practical academic year as we get to work on a variety of academic success. In this increasingly experiences and skill-building lessons education issues including expanding competitive twenty-first century where that they can use in the workplace or access to education from pre-K through postsecondary education is now re- in postsecondary education. college. We also face the monumental quired for many entry-level jobs, it is This legislation seeks to help task of reauthorizing and reforming up to us to show our nation’s students schools, businesses, colleges, and the the Elementary and Secondary Edu- why it is so important that they grad- students who would be served by this cation Act, ESEA, better known as No uate from high school. legislation talk with each other to Child Left Behind, NCLB. As we con- Another issue that this bill seeks to build new programs that would help sider the ESEA reauthorization, we address is the growing sense among boost student engagement in learning should make substantial changes to employers and postsecondary institu- and student attendance and graduation the testing mandates that were im- tions that our nation’s high school stu- rates while also preparing students for posed through NCLB and provide sup- dents who do graduate are unprepared success in the workforce or in college port to states that develop smarter ac- for success either in the workforce or after they graduate. There are a num- countability systems with enhanced as- in college. Employers in various eco- ber of successful local and state pro- sessments that measure higher-order nomic sectors, including technology, grams around Wisconsin that this leg- thinking skills among students. We manufacturing, health care, construc- islation would help support and that also need to look at ways to strengthen tion, and others, report difficulty in served as valuable examples as I devel- and reform our Nation’s public sec- identifying qualified candidates for oped this legislation. ondary schools as part of the ESEA re- skilled positions. Recent surveys also Wisconsin’s Department of Public In- authorization. The legislation I am in- indicate that many employers are dis- struction, Department of Workforce troducing today is designed to help satisfied with the overall preparation Development, and various local school support innovative changes that are of secondary school graduates. In order districts have all been working to taking place in some of our Nation’s for companies in the United States to boost Wisconsin’s career and technical high schools and help even more States be competitive in a global economy, we education offerings and gear these of- and local communities make improve- must have a highly skilled workforce. ferings towards emerging industries. ments to their local high schools. Adequate preparation at the high My bill seeks to help Wisconsin and My CEEP bill seeks to address a cou- school level can help prepare students other states build on these efforts and ple of interrelated issues related to sec- for entry into our rapidly changing engage in additional conversations ondary education. The first issue is the global economy where new emerging with interested stakeholders to design alarmingly high dropout rate in our industries are cropping up in Wisconsin new curriculums and programs to pre- nation’s high schools. While numbers and around the country. pare students for emerging industries. vary slightly, a growing body of re- To address these two interrelated I look forward to moving this legisla- search indicates that the United States issues, my bill would provide 5-year tion forward this year as the new Con- has a graduation rate of approximately competitive education grants to states gress begins to debate how best to 70 percent and that about one-third of and school districts to foster collabora- boost educational opportunities for all our country’s high school students will tion and discussions between schools, of our Nation’s children. We have a sig- not graduate on time. Graduation rates businesses, and others about the nificant achievement gap and gradua- for minority and low-income students emerging industry workforce needs and tion gap in urban, rural, and suburban are even lower, in many cases, alarm- how to prepare our high school stu- schools throughout the country and it ingly lower. In addition, many of our dents to meet those needs, both aca- is imperative that we work together to nation’s urban school districts report demically and practically. States and promote innovative ideas that will very high dropout rates, including the local school districts must use this close these gaps. Some of our Nation’s Milwaukee Public School District. Ac- money to form partnerships with local schools are experiencing high dropout cording to the Cities in Crisis report or regional businesses, postsecondary rates in part because students aren’t released in 2008 by the Editorial institutions, workforce development connecting with what they are being Projects in Education Research Center, boards, labor organizations, nonprofit taught. At the same time, we’re seeing the Milwaukee Public Schools has a organizations and others. an emergence of new industries, like graduation rate of 46.1 percent. Unfor- These partnerships will have the re- those aiming to capitalize on alter- tunately, there are at least a dozen sponsibility of surveying local, re- native energies and energy efficiency, large urban districts that have even gional, and statewide emerging indus- that need employers with skills and lower graduation rates than Mil- tries and deciding what are the aca- training in their field. If we help waukee. demic and work-based skills that our schools connect their students with One of our top education priorities as high school students need in order to businesses, workforce development a Nation must be to address the low be successful in these emerging indus- boards, and colleges that offer career graduation rates nationwide in urban, tries. The partnerships will then work and academic opportunities in these suburban, and rural school districts. together to develop new and engaging new and exciting fields, we can help to We must also work to close the huge curriculums and programs designed to lower the alarming dropout rates while opportunity gap that is created by the teach the academic and work-based helping these emerging industries large disparity in graduation rates be- skills that are necessary to succeed in thrive. tween our minority and non-minority these new emerging industries. Once Mr. President, I ask unanimous con- students as well as between low-income the partnership has designed a cur- sent that the text of the bill be printed and more affluent students. Solving riculum or program and received ap- in the RECORD. this problem will require a broad, com- proval from the Federal Department of There being no objection, the text of prehensive solution involving the fed- Education, the partnership will work the bill was ordered to be printed in eral, state and local governments. It is to implement the program in quali- the RECORD, as follows: my hope that when Congress finally re- fying schools. S. 178 authorizes the Elementary and Sec- During the implementation phase, Be it enacted by the Senate and House of Rep- ondary Education Act, we pay par- the partnership will come together to resentatives of the United States of America in ticular attention to the needs of our implement hands-on learning and work Congress assembled, nation’s high schools and our students. opportunities for students including in- SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Connecting While many factors contribute to ternships, apprenticeships, job shad- Education and Emerging Professions Act of high dropout rates, disengagement owing, and other career and technical 2009’’. from classroom instruction can con- education programs. These hands-on SEC. 2. FINDINGS AND PURPOSES. tribute to a student’s decision to drop learning and work opportunities will be (a) FINDINGS.—Congress finds the fol- out. Some students feel that high based on the emerging industry path- lowing:

VerDate Nov 24 2008 01:38 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A08JA6.047 S08JAPT1 rfrederick on PROD1PC67 with SENATE S224 CONGRESSIONAL RECORD — SENATE January 8, 2009 (1) The majority of secondary school stu- ‘‘Subpart 22—Connecting Education and ‘‘(A) a tribal college or university, as de- dents in the United States receive some ca- Emerging Professions Demonstration Grant fined in section 2(a) of the Tribally Con- reer-related instruction before graduation, Program trolled Colleges and Universities Assistance and about half of secondary school students ‘‘SEC. 5621. DEFINITIONS. Act of 1978; or have a strong career-related component to ‘‘In this subpart: ‘‘(B) one of the 1994 Institutions, as defined their educational programs. ‘‘(1) COVERED COMMUNITY.—The term ‘cov- in section 532 of the Equity in Educational (2) A gap still remains between what stu- ered community’ means a town, city, com- Land-Grant Status Act of 1994 (7 U.S.C. 301 dents are learning in school and the knowl- munity, region, or State that has— note). edge required to succeed in the current labor ‘‘(A) experienced a significant percentage ‘‘SEC. 5622. PROGRAM AUTHORIZED. market. job loss in the 5 years prior to the date of en- ‘‘(a) IN GENERAL.—From amounts appro- (3) Employers in various economic sectors, actment of this subpart or is projected to ex- priated under section 5626, the Secretary including technology, manufacturing, perience a significant percentage job loss shall establish and carry out an emerging healthcare, construction, and others, report within 5 years after the date of enactment of professions and educational improvement difficulty in identifying qualified candidates this subpart; or demonstration project, by awarding grants, for skilled positions. ‘‘(B) an unemployment rate that has in- on a competitive basis, to eligible partner- (4) A survey of more than 400 employers creased in the 12 months prior to the date of ships. nationwide found that nearly half were dis- enactment of this subpart. ‘‘(b) PROGRAM PERIODS.— satisfied with the overall preparation of sec- ‘‘(2) ELIGIBLE PARTNERSHIP.—The term ‘eli- ‘‘(1) IN GENERAL.—The Secretary shall ondary school graduates. gible partnership’ means a partnership that award grants under this subpart for periods (5) Almost 40 percent of secondary school includes— of not more than 5 years, of which the eligi- graduates report feeling unprepared for the ‘‘(A) a State educational agency, a consor- ble partnership shall use— workplace or postsecondary education. tium of local educational agencies, or a local ‘‘(A) not more than 18 months for assessing (6) In order for companies in the United educational agency that collaborates with— emerging industry pathways, assessing the States to be competitive in a global econ- ‘‘(i) a State, regional, or local business, in- academic skills needed for success in such omy, the United States must have a highly cluding a small business, that serves a cov- pathways, and designing a school- and work- skilled workforce. ered community in which a qualifying school based curriculum or program to teach such (7) Adequate preparation on the secondary academic skills necessary for success in an school level can help prepare students to is located; or emerging industry pathway; enter high-demand fields in need of skilled ‘‘(ii) a regional workforce investment ‘‘(B) not more than 48 months for imple- workers. board that serves a covered community in menting the new emerging industry path- (8) Collaboration between businesses, in- which a qualifying school is located; and ways school- and work-based curriculum or dustries, and education leaders can help de- ‘‘(B) at least 1 of the following entities: program in qualifying schools; and termine how best to prepare students for ‘‘(i) An institution of higher education ‘‘(C) not more than 12 months to dissemi- workforce success. that provides a 4-year program of instruc- nate best practices to other State edu- (9) Career-related experiences during sec- tion. cational agencies, local educational agen- ondary education, such as apprenticeships, ‘‘(ii) An accredited community college. cies, or schools. are associated with positive labor market ‘‘(iii) An accredited career or technical ‘‘(2) OVERLAP.—Each eligible partnership outcomes for students. school or college. receiving a grant under this subpart may (10) The United States has a secondary ‘‘(iv) A tribal college or university. carry out subparagraphs (A), (B), or (C) con- school graduation rate of 70 percent, and ap- ‘‘(v) A nonprofit community organization. currently. proximately one-third of students entering ‘‘(vi) A labor organization. ‘‘(c) PRIORITY.—In awarding grants under secondary school will not graduate on time. ‘‘(3) EMERGING INDUSTRY PATHWAYS.—The term ‘emerging industry pathways’ means this subpart, the Secretary shall give pri- (11) Minority and low socioeconomic status ority to eligible partnerships that— students have significantly lower secondary industry careers that— ‘‘(A) are estimated to increase in the num- ‘‘(1) serve qualifying schools in which 50 school graduation rates. percent or more of the students are eligible (12) Disengagement from classroom in- ber of job opportunities in a covered commu- nity within the 5 to 7 years after the date of for the school lunch program under the Rich- struction contributes to student decisions to ard B. Russell National School Lunch Act or drop out of school. enactment of this subpart; ‘‘(B) require new academic skill sets be- meet an equivalent indicator of poverty es- (13) Studies indicate a link between career- tablished by the Secretary; oriented models of secondary education, sec- cause of new technology or innovation in the field; ‘‘(2) serve qualifying schools the majority ondary school dropout rate reduction, and of which have secondary school dropout higher earning potential for secondary ‘‘(C) are important to the growth of the State economy, regional economy, or local rates in the top 25 percent statewide; school graduates. ‘‘(3) pledge to serve the students most at- (14) Studies suggest that academic lessons area’s economy; and ‘‘(D) may include— risk of dropping out of qualifying schools; taught in a work context or an applied man- ‘‘(4) develop school- and work-based cur- ner can improve some students’ ability to ‘‘(i) green industries; ‘‘(ii) healthcare industries; ricula or programs serving green industries, comprehend and retain information. health care industries, and advanced manu- (b) PURPOSES.—The purposes of this Act ‘‘(iii) advanced manufacturing industries; facturing industries; or are to— and ‘‘(5) have a demonstrated record of success (1) foster improved collaboration among ‘‘(iv) programs of study, as described in in forming collaborative partnerships with secondary schools, State, regional, and local section 122(c)(1)(A) of the Carl D. Perkins Ca- businesses, workforce development boards, businesses, institutions of higher education, reer and Technical Education Act of 2006. institutions of higher education, local com- industry, workforce development organiza- ‘‘(4) QUALIFYING SCHOOL.—The term ‘quali- munity and technical colleges, tribal col- tions, labor organizations, and other non- fying school’ means a secondary school leges or universities, labor organizations, profit community organizations to identify that— and other nonprofit community organiza- emerging industry pathways, as well as the ‘‘(A) serves students not less than 30 per- tions. academic skills necessary to improve stu- cent of whom are eligible for the school dent success in the workforce or postsec- lunch program under the Richard B. Russell ‘‘SEC. 5623. APPLICATIONS. ondary education; National School Lunch Act or meet an ‘‘An eligible partnership that desires to re- (2) address industry and postsecondary equivalent indicator of poverty established ceive a grant under this subpart shall submit education needs for a prepared and skilled by the Secretary; to the Secretary an application at such time, workforce; ‘‘(B) has a graduation rate that is lower in such manner, and containing such infor- (3) improve the potential for economic and than the State average; and mation as the Secretary may require, includ- employment growth in covered communities; ‘‘(C) is located in a covered community. ing— and ‘‘(5) SCHOOL- AND WORK-BASED CURRICULUM ‘‘(1) a description of the eligible partner- (4) help address the dropout crisis in the OR PROGRAM.—The term ‘school- and work- ship, including the responsibilities of each United States by involving students in a col- based curriculum or program’ means a cur- partner and how each partner will meet its laborative curriculum or program develop- riculum or program that incorporates a com- responsibilities; ment process related to emerging industry bination of school-based instruction and ‘‘(2) a description of the statewide, re- pathways to improve student engagement work-based learning opportunities, including gional, or local emerging industry pathways and attendance in secondary school. internships, work experience programs, ap- and labor market needs to be filled; SEC. 3. CONNECTING EDUCATION AND EMERG- prenticeships, service learning programs, ‘‘(3) a description of how members of the ING PROFESSIONS DEMONSTRATION mentorship opportunities, job shadowing, eligible partnership will collaborate with GRANT PROGRAM. and other career and technical education each other and interested community stake- (a) AUTHORIZATION.—Part D of title V of programs, in an emerging industry pathway. holders to assess the emerging industry the Elementary and Secondary Education ‘‘(6) TRIBAL COLLEGE OR UNIVERSITY.—The pathways in the State, region, or local area; Act of 1965 (20 U.S.C. 7241 et seq.) is amended term ‘tribal college or university’ means an ‘‘(4) a description of how the eligible part- by adding at the end the following: educational institution that is— nership will engage students from qualifying

VerDate Nov 24 2008 01:38 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A08JA6.057 S08JAPT1 rfrederick on PROD1PC67 with SENATE January 8, 2009 CONGRESSIONAL RECORD — SENATE S225 schools to be served in the design and imple- pathways school- and work-based curriculum subpart shall use the grant funds in the im- mentation of the school- and work-based cur- or program; and plementing phase for the following: riculum or program; ‘‘(B) not less than 65 percent of the grant ‘‘(A) Integrating the emerging industry ‘‘(5) a description of how the eligible part- funds for implementing the emerging indus- pathways school- and work-based curriculum nership will use the assessment of emerging try pathways school- and work-based cur- or program into classroom- or work-based in- industry pathways to establish a school- and riculum or program in qualifying schools. struction. work-based curriculum or program to teach ‘‘(c) FUNDING TO IMPLEMENT CURRICULA OR ‘‘(B) Providing professional development academic and industry skills needed for suc- PROGRAMS.—The Secretary may not award opportunities designed around the school- cess in such emerging industries and how grant funds under subsection (b)(2)(B) to im- and work-based curriculum or program for these skills will be aligned with existing plement the emerging industry pathways educators, business partners, and others. challenging State academic content stand- school- and work-based curriculum or pro- ‘‘(C) Identifying and creating school- and ards; gram until the Secretary certifies that the work-based learning curricula or programs ‘‘(6) a description of how teachers, parents eligible partnership is in compliance with for students in such emerging industry path- or guardians, and school guidance counselors the following: ways. will be consulted by the eligible partnership ‘‘(1) The eligible partnership has engaged ‘‘(D) Promoting the school- and work-based in the development of the school- and work- in a collaborative process involving edu- curriculum or program among school guid- based curriculum or program developed cators and school administrators, including ance counselors. under this subpart; curriculum experts, as well as representa- ‘‘(E) Working with pupil services staff to ‘‘(7) a description of how the eligible part- tives from local businesses and industry to develop opportunities for career exploration nership will ensure that teachers and in- assess emerging industry demands and the among emerging industry pathways business structors have the necessary training and academic knowledge and skills needed to partners. preparation to teach the school- and work- meet those demands. ‘‘(F) Conducting ongoing evaluations of the based curriculum or program developed ‘‘(2) The school- and work-based cur- school- and work-based curriculum or pro- under this subpart; riculum or program developed by the eligible gram, including assessing whether partici- ‘‘(8) a description of how the school- and partnership is aligned with challenging State pating students report increased engagement work-based curriculum or program developed academic content standards. in learning, increased school attendance, and under this subpart will improve the aca- ‘‘(3) The eligible partnership has consulted improved success upon entry into the work- demic achievement, student attendance, and with and involved students in qualifying force or postsecondary education. secondary school completion of at-risk stu- schools in the collaboration process and de- ‘‘(G) Purchasing resources, including text- dents and such students’ readiness to enter sign of the school- and work-based cur- books, reference materials, assessments, into a career in an emerging industry or pur- riculum or program. labs, computers, and software, for use in the sue postsecondary education; ‘‘(4) The eligible partnership has received a school- and work-based curriculum or pro- ‘‘(9) a description of how the eligible part- commitment from at least 1 qualifying gram. nership will design a school- and work-based school agreeing to implement the school- ‘‘(3) DISSEMINATION PHASE.—An eligible curriculum or program that meets the partnership that receives a grant under this unique academic and career development and work-based curriculum or program in the qualifying school. subpart shall use the grant funds in the dis- needs of students to be served by the cur- semination phase for the following: riculum or program; ‘‘(5) The school- and work-based cur- riculum or program will help prepare stu- ‘‘(A) Evaluating, cataloging, and dissemi- ‘‘(10) a description of how the school- and nating best practices from the school- and work-based curriculum or program will sup- dents for both direct entry into a career in emerging industries and success in postsec- work-based curriculum or program. port statewide, regional, or local emerging ‘‘(B) Disseminating the school- and work- industries; ondary education. ‘‘(6) The eligible partnership has estab- based curriculum or program to— ‘‘(11) a description of how the eligible part- ‘‘(i) the National Research Center for Ca- nership will measure and report improve- lished a plan to promote the school- and work-based curriculum or program among reer and Technical Education; ment in academic and student engagement ‘‘(ii) State, regional, and local professional outcomes among students who participate in qualifying schools, businesses, parental groups, and community organizations. education organizations; and the school- and work-based curriculum or ‘‘(iii) institutions of higher education. ‘‘(d) ELIGIBLE USES OF FUNDS.— program developed under this subpart; ‘‘(e) MATCHING CONTRIBUTIONS.—An eligible ‘‘(1) PLANNING PHASE.—An eligible partner- ‘‘(12) a description of how the eligible part- partnership that receives a grant under this nership will seek to leverage other sources of ship that receives a grant under this subpart subpart shall provide, from non-Federal Federal, State, and local funding to support shall use the grant funds in the designing sources, matching funds, which may be pro- the development and implementation of the phase for the following: vided in cash or in-kind, to carry out the ac- school- and work-based curriculum or pro- ‘‘(A) Establishing collaborative working tivities supported by the grant, in an gram; groups consisting of educators, school ad- amount equal to— ‘‘(13) a description of how the eligible part- ministrators, representatives of local or re- ‘‘(1) for the first year of the grant, 5 per- nership will work to create, use, and evalu- gional businesses, postsecondary education cent of the amount of the grant for such ate individual learning plans and career representatives, representatives from labor year; portfolios for students served under this sub- organizations, and representatives from non- ‘‘(2) for the second year of the grant, 10 part; profit organizations. percent of the amount of the grant for such ‘‘(14) a description of how the eligible part- ‘‘(B) Identifying emerging industry path- year; nership will coordinate such curriculum or ways at the State, regional, or local level. ‘‘(3) for the third year of the grant, 15 per- program with programs funded under the ‘‘(C) Identifying the academic and skill cent of the amount of the grant for such Carl D. Perkins Career and Technical Edu- gaps that need to be addressed to promote year; cation Act of 2006; and success in the emerging industry pathways ‘‘(4) for the fourth year of the grant, 20 per- ‘‘(15) a description of how the eligible part- identified in subparagraph (B). cent of the amount of the grant for such nership plans to sustain and expand such ‘‘(D) Developing a school- and work-based year; and school- and work-based curriculum or pro- curriculum or program to teach and inte- ‘‘(5) for the fifth year of the grant, 25 per- gram after the Federal grant period ends. grate the academic and work-based skills, cent of the amount of the grant for such ‘‘SEC. 5624. PROGRAM ADMINISTRATION. including soft skills, that are needed for suc- year. ‘‘(a) SELECTION.—In awarding grants under cess in emerging industry pathways and ‘‘(f) SUPPLEMENT, NOT SUPPLANT.—Grant this subpart, the Secretary shall— postsecondary education. funds awarded under this subpart shall be ‘‘(1) consider the information submitted by ‘‘(E) Creating a comprehensive set of aca- used to supplement and not supplant other the eligible partnerships under section 5623; demic and industry skills to be taught across Federal, State, and local funds available to ‘‘(2) prioritize applications in accordance multiple emerging industry pathways. implement secondary school education pro- with section 5622(c); and ‘‘(F) Aligning the school- and work-based grams or career and technical education pro- ‘‘(3) select eligible partnerships that sub- curriculum or program with challenging grams. mit applications in compliance with section State academic content standards. ‘‘SEC. 5625. EVALUATION AND REPORTS. 5623. ‘‘(G) Establishing professional develop- ‘‘(a) ANNUAL REPORTS.—An eligible part- ‘‘(b) AWARD AMOUNTS.— ment opportunities for educators, business nership that receives a grant under this sub- ‘‘(1) IN GENERAL.—Subject to subsection (c), partners, school counselors, and others who part shall submit an annual report to the the Secretary shall award each grant under will be implementing the school- and work- Secretary during the grant period detailing this subpart in an amount of not more than based curriculum or program. how the eligible partnership is using the $5,000,000. ‘‘(H) Collaborating with multistate regions grant funds under this subpart, including— ‘‘(2) USE OF FUNDS.—An eligible partner- to develop and identify a school- and work- ‘‘(1) how the State educational agency or ship that receives a grant under this subpart based curriculum or program that addresses local educational agency that is a member of shall use— regional emerging industry pathways. the eligible partnership collaborated with ‘‘(A) not more than 35 percent of the grant ‘‘(2) IMPLEMENTING PHASE.—An eligible local businesses, workforce boards, institu- funds for designing the emerging industry partnership that receives a grant under this tions of higher education, and community

VerDate Nov 24 2008 01:38 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A08JA6.057 S08JAPT1 rfrederick on PROD1PC67 with SENATE S226 CONGRESSIONAL RECORD — SENATE January 8, 2009 organizations to assess emerging industry ‘‘(B) that includes any recommendations in the Senate Finance Committee, we pathways; for improvements that can be made to the heard testimony from Elizabeth ‘‘(2) how the eligible partnership has con- grant program under this subpart. McGlynn of the RAND Corporation sulted with and involved students in quali- ‘‘SEC. 5626. AUTHORIZATION OF APPROPRIA- that we only receive 55 percent of rec- fying schools in the design and implementa- TIONS. ommended preventive care services, 54 tion of the emerging industry pathways ‘‘(a) IN GENERAL.—From the amounts ap- percent of recommended care for acute school- and work-based curriculum or pro- propriated to and available for Program Ad- gram; ministration within the Departmental Man- health problems, and 56 percent of the ‘‘(3) the effectiveness of the school- and agement account in the Department of Edu- care that doctors agree is necessary for work-based curriculum or program with re- cation for each of fiscal years 2010 through people with chronic conditions when spect to improving— 2013, there are authorized to be appropriated we seek medical treatment. ‘‘(A) student engagement; $25,000,000 for each of fiscal years 2010 It’s long past time that we fully uti- ‘‘(B) attendance; through 2013, respectively, to carry out this lize technology to make health care ac- ‘‘(C) secondary school graduation rates; subpart. cessible and affordable for every family and ‘‘(b) SET ASIDE FOR EVALUATION.—Of the and business. However, most of our Na- ‘‘(D) preparation for and placement in a ca- amounts appropriated under subsection (a) tion’s health care providers don’t have reer in an emerging industry or in postsec- for a fiscal year, 2 percent shall be set aside access to capital in order to purchase ondary education; for such fiscal year for the Federal evalua- ‘‘(4) how the eligible partnership has im- tion required under section 5625(c).’’. information technology and service up- proved its capacity to respond to new work- (b) TABLE OF CONTENTS.—The table of con- dates. Too many providers, especially force development priorities and create edu- tents in section 2 of the Elementary and Sec- our safety-net providers, are having a cational opportunities that address such new ondary Education Act of 1965 is amended by hard enough time just keeping up with workforce development priorities; and inserting after the item relating to section their daily costs, much less to invest in ‘‘(5) any other information the Secretary 5618 the following: something new. may reasonably require. ‘‘SUBPART 22—CONNECTING EDUCATION AND A March 2001 Institute of Medicine ‘‘(b) FINAL REPORTS.— EMERGING PROFESSIONS DEMONSTRATION study concluded that in order to im- ‘‘(1) IN GENERAL.—An eligible partnership GRANT PROGRAM prove quality, there must be a national that receives a grant under this subpart ‘‘Sec. 5621. Definitions. commitment to building an informa- shall, at the end of the grant period, collect ‘‘Sec. 5622. Program authorized. tion infrastructure. An October 2003 and prepare a report on the following infor- ‘‘Sec. 5623. Applications. mation: Government Accountability Office re- ‘‘Sec. 5624. Program administration. ‘‘(A) The number and percentage of stu- port found that the benefits of an elec- ‘‘Sec. 5625. Evaluation and reports. dents served by the eligible partnership tronic healthcare information system ‘‘Sec. 5626. Authorization of appropria- who— included improved quality of care, re- tions.’’. ‘‘(i) graduated from secondary school with duced costs associated with medication a regular secondary school diploma in the By Ms. STABENOW (for herself errors, more accurate and complete standard number of years; medical documentation, more accurate ‘‘(ii) entered into a job in an emerging in- and Ms. SNOWE). S. 179. A bill to improve quality in capture of codes and charges, and im- dustry; and proved communication among pro- health care by providing incentives for ‘‘(iii) enrolled in a postsecondary institu- viders enabling them to respond more tion. adoption of modern information tech- ‘‘(B) The emerging industry pathways quickly to patients’ needs. nology, to the Committee on Finance. By providing the most appropriate school- and work-based curriculum or pro- Ms. STABENOW. I am very pleased gram and the— care at the most appropriate time in a to introduce the Health Information safe, secure way, we can reap huge sav- ‘‘(i) successes of such curriculum or pro- Technology Act with my friend and gram, including placement rates of students ings. A January 2005 Report by the in work or postsecondary education and colleague from Maine, Senator SNOWE. Center for Information Technology trends in secondary school graduation rates As co-chairs of the Senate Health Care Leadership found that moving to in qualifying schools utilizing the school- Quality Improvement and Information standardized health information ex- and work-based curriculum or program; Technology Caucus, we have seen first- change and interoperability would save ‘‘(ii) areas of improvement for the school- hand the transformative power infor- nearly $80 billion annually in the and work-based curriculum or program; mation technology has on the delivery United States. ‘‘(iii) lessons learned from the implementa- of health care. The benefits of adoption and use of tion of the school- and work-based cur- Our legislation is a substantial down- riculum or program in secondary schools; health care information technologies, and payment in building up our Nation’s systems and services will be wide- ‘‘(iv) plans to replicate the school- and health information network and an im- spread: employers will realize cost sav- work-based curriculum or program in other portant step in reforming health care. ings, clinicians will gain new elec- schools or examples of successful replication In doing so, we will reduce costs for our tronic support tools and patient infor- of the curriculum or program. businesses, improve the quality of care mation to help guide medical decisions, ‘‘(2) SUBMISSION OF REPORTS.—A report pre- for patients, and ensure health pro- and patients will benefit from a more pared under paragraph (1) shall be submitted viders have access to the most accurate efficient health care system and from a to the Secretary and the National Research information. And I am very excited safer health care system with fewer un- Center for Career and Technical Education. that President-elect Obama identified necessary treatments and more atten- ‘‘(c) FEDERAL EVALUATION AND REPORT.— tion to preventive care. Not later than 6 years after the date of en- health IT as an important part of in- vesting in our Nation’s economy. We know that adoption of health informa- actment of this subpart, the Secretary tion technology can play a critical role in shall— The result of using 19th century tech- improving patient outcomes and at the same ‘‘(1) develop and execute a plan for evalu- nology in a 21st century health care time greatly reduce costs. But it can’t hap- ating the emerging industry pathways system is higher costs, increased er- pen without the federal government playing school- and work-based curricula or pro- rors, and decreased quality of care. Too a role. The members of the Health Informa- grams assisted under this subpart; and often, care is duplicated or the best and tion Technology Leadership Panel concurred ‘‘(2) submit a report to Congress— most appropriate care isn’t given. Our that without federal leadership, neither their ‘‘(A) detailing aggregate data on— health care professionals can’t possibly individual companies nor the industrial sec- ‘‘(i) the categories of activities for which tor as a whole can achieve the breadth of eligible partnerships used grant funds under provide the best care if they don’t have HIT adoption that would be required to real- this subpart; complete and accurate information ize the needed transformation of health care. ‘‘(ii) the impact of the grants on— about the patient sitting in front of Our country must have a national ‘‘(I) student engagement, attendance, and them. commitment to building an informa- completion of secondary school; and Many studies have found that as tion infrastructure, and the Federal ‘‘(II) the postsecondary placement of stu- much as $300 billion is spent each year Government needs to step up to the dents in high-quality emerging industry ca- on health care that does not improve reers or postsecondary education; and plate and provide much-needed funds to ‘‘(iii) promising strategies for improving patient outcomes on treatment that is get the ball rolling. Without health IT, student engagement, attendance, and com- unnecessary, inappropriate, inefficient, we are not going to be able to accom- pletion of secondary school through engag- or ineffective. For example, in last plish other reforms necessary to im- ing curricula or programs; and year’s series of health reform hearings prove our health care system. That is

VerDate Nov 24 2008 01:38 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A08JA6.057 S08JAPT1 rfrederick on PROD1PC67 with SENATE January 8, 2009 CONGRESSIONAL RECORD — SENATE S227 why I am fighting for funding similar an age where millions of Americans We must also recognize there is a to the legislation we are introducing share family pictures over the Internet misalignment of fiscal incentives for today, will be included in the economic in seconds, isn’t it long past time that health IT. The benefits to patients are recovery act we will soon be debated. a physician should be able to retrieve evident—in fewer delays, in better out- The sooner we get them into our hos- an x-ray just as easily? comes, in lives saved. Modern informa- pitals, physician offices, nursing Today, the technological tools are at tion technology reduces costs as well, homes, community health centers, hand to dramatically reduce medical but primarily to those who pay for community mental health centers, and errors and save lives. Many of us have services—not for the healthcare pro- other health care providers, the sooner heard about how drug interactions can viders who must bear the burden of im- our patients, providers, and pocket- be avoided by software systems which plementation. Indeed, it has been esti- books will see the rewards. check a patient’s prescriptions for haz- mated that 89 percent of cost savings Ms. SNOWE. Mr. President, today I ards, and there are so many other ap- accrue to those who pay for services. It join my colleague, Senator STABENOW plications which can also improve should be obvious then that the federal of Michigan, to introduce the Health health. For example, by reviewing and government would invest in health IT Information Technology Act of 2009 to analyzing information, a health pro- to both improve health outcomes and improve the quality of health care vider can help a patient better manage to reduce its expenditures on Medicare, through the implementation of infor- chronic diseases such as diabetes and Medicaid and SCHIP. mation technology, IT, in hospitals, heart disease to reduce avoidable ad- That is precisely the type of invest- health centers and physician practices verse outcomes. The unfortunate re- ment the Health Information Tech- throughout the country. Our legisla- ality is that the cost of new systems nology Act of 2009 would achieve. Be- tion will help us address two critical and a lack of standards have prevented cause as we look to the many studies issues. us from reaping the benefits of new and reports on health IT, it is clear The first is the serious patient safety technologies. that annual cost savings can actually problem facing our Nation. Indeed, if While the current economic crisis has exceed the price of implementation. most Americans were told today that surely put a focus on addressing the in- With that kind of return, it is indis- 98,000 lives were lost needlessly last efficiencies and high costs of health putable that the federal government year—and a cure was available—they care, I have long shared a determina- must employ health IT to see not only would undoubtedly call for action. Yet tion to modernize health information the savings in lives, but also better the Institute of Medicine, IOM, has re- with my colleagues. In 2003, I joined management of our health care spend- ported that medical errors inflict that with Senator Bob Graham to introduce ing. terrible toll every year, even though the ‘‘Medication Errors Reduction Act Our legislation spurs adoption by the technology is at our disposal to of 2003’’ to make grants of up to $750,000 providing grants to physicians, hos- dramatically reduce those deaths. available to hospitals and nursing fa- pitals, long term care facilities and A second major problem is the esca- cilities to aid in implementation of both federally-qualified health centers lating cost of health care. Health health IT infrastructure. In 2005, Sen- and community mental health centers. spending now comprises over 16 percent ator STABENOW and I offered our bill to These grants are targeted to help pro- of GNP—$2.2 trillion last year—and the create a $4 billion competitive grant vide the health IT resources providers price of a health plan has grown so program and tax incentives to enable need to serve our federal beneficiaries. high that 70 million Americans today hospitals, skilled nursing facilities, In fact, the size of an allowable grant are either underinsured or lack any community health centers and physi- for each provider is keyed to the pro- coverage whatsoever. That group ex- cians to invest in health IT. portion of the patient care which they The President-elect shares our rec- pands as unemployment rates increase deliver to federal beneficiaries. This ognition of the critical role which in- will help providers deliver better care and individuals and families lose formation technology must play in to those on Medicare, Medicaid and health insurance tied to employment. transforming health care. In his cam- SCHIP while we also see costs reduced A recent Urban Institute study found paign, he acknowledged the critical in those programs. That is simple com- that for each 1 percentage point in- need to make technology implementa- mon sense. crease in unemployment 1 million tion a priority. The legislation supports reasonable Americans are added to the rolls of the A lack of standards to ensure inter- expenditures for a variety of costs re- uninsured. However, simply expanding operability has been a factor in slowing quired to implement health care infor- government subsidies or entitlements IT adoption by many health care pro- mation technology. These include such alone is not the answer, because on our viders. One must know that a system components as computer hardware and current trajectory, escalating costs purchased will be compatible with oth- software in combination with installa- will erode our ability to maintain such ers, and that—no matter what may tion and training. In addition for a sys- supports. It is clear that some funda- happen in the future to a vendor—the tem to be suitable for support under mental changes must be made in investment one makes in building an this legislation, we require that it health care to combat rising health electronic medical record won’t be must meet the HHS Secretary’s inter- care costs. wasted. In other words, your system operability standards. Bold changes and innovations are must be able to communicate with Our new legislation even provides an necessary to address both medical er- other systems, and your investment in alternative to those for-profit pro- rors and escalating costs. One of those building electronic medical records viders who do not wish to apply for a changes must be the application of must be preserved. When a patient grant. Under this bill, such providers modern data technology. Most of us moves, their electronic ‘‘chart’’ should will be able to expense the cost of a have been told at one time or another, be able to move right along with them qualified system. We will thus assure ‘‘we’re waiting to get the test results to prevent disruption in the continuity that every type of provider has a mean- mailed’’ or ‘‘we’re still waiting for your of their care—in other words ‘‘we must ingful opportunity to invest in moving chart.’’ Consider the savings we realize have interoperability.’’ their health care practice into the new when a physician can locate informa- Yet standards alone are not suffi- millennium. With the development of a tion efficiently so that tests don’t have cient, as there are fiscal hurdles to im- 21st century health technology system, to be repeated and data isn’t delayed. A plementing health IT. Today, many we will ensure that providers have the patient obtains faster, higher quality providers are struggling to adopt new appropriate tools to effectively provide care when multiple practitioners can technology, and for those who serve the best quality health care at reason- review diagnostic test results right at beneficiaries of Medicare, Medicaid and able cost. their desktops. The fact is the health SCHIP, it can be exceedingly difficult. As the current Congress struggles care industry is one of the last sectors Our physicians, for example, have seen with matters related to the ailing where information flows so slowly. In- recent Medicare payment updates economy, many Americans are finding deed, it is often easier to track the which have not even kept pace with in- it exceedingly difficult to access health service history on one’s automobile flation—even as we expect them to care which they find to be both expen- than to see your own health history. In make a major investment in health IT. sive and inefficient. While it is clear

VerDate Nov 24 2008 01:38 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A08JA6.054 S08JAPT1 rfrederick on PROD1PC67 with SENATE S228 CONGRESSIONAL RECORD — SENATE January 8, 2009 that health IT alone will not reduce all ensuring that all its people have an KENNEDY, SNOWE and others in intro- excessive costs or address every ineffi- equal chance to enjoy the benefits of ducing the Lilly Ledbetter Fair Pay ciency, one must understand that the this great Nation. Bipartisan civil Restoration Act of 2009. This legisla- only way to achieve either goal is to rights bills have been enacted to ex- tion is long overdue and I am pleased have access to the type of coordinated pand and strengthen the law to ensure that the majority leader will try again information that a fully integrated fair pay for all workers. Despite these to move this legislation in the opening health care system would provide. In advances, civil rights is still America’s days of this new Congress. The Su- fact, the information we will obtain unfinished business. It is therefore fit- preme Court’s divided decision in through health IT is essential to ting that we open the 111th Congress Ledbetter v. Goodyear Tire struck a se- achieve such goals as improving qual- with introduction of the Lilly vere blow to the rights of working fam- ity and reforming provider payment. Ledbetter Fair Pay Act. ilies across our country. More than 40 This is the foundation for our work on This bill will restore the basic right years ago, Congress acted to protect health reform. of all workers, regardless of their race, women and others against discrimina- When the Medicare and Medicaid pro- sex, religion, national origin, age, or tion in the workplace. In the 21st cen- grams began, we could have only disability, to be paid fairly, free from tury, equal pay for equal work should dreamed about computerized clinical discrimination. It will restore workers’ be a given in this country. Unfortu- information systems. Today, we have rights to challenge ongoing discrimina- nately, the reality is still far from this this technology at our disposal, and I tion and hold unscrupulous employers basic principle. American women still strongly believe that we cannot afford accountable. earn only 77 cents for every dollar to delay implementation. In fact, as we This legislation is needed because the earned by a male counterpart. That de- face challenges in the financing of Supreme Court turned back our Na- creases to 62 cents on the dollar for Af- these vital federal programs, this is ex- tion’s progress on equal pay with its rican-American women and just 53 actly the sort of initiative which will Ledbetter decision, which undermined cents on the dollar for Hispanic-Amer- enable us to achieve the fundamental a core protection of Title VII of the ican women. improvements to make our health enti- Civil Rights Act of 1964 and overturned For nearly 20 years, Ms. Ledbetter tlements more fiscally secure. decades of precedent that had estab- was a manager at a Goodyear factory I hope my colleagues will join us in lished a fair, workable rule for chal- in Gadsden, Alabama. After decades of support of this legislation so we may lenging pay discrimination claims. service, she learned through an anony- soon achieve the goals of improving pa- This needed bill will restore the long- mous note that her employer had been tient safety and reducing our esca- standing rule that each discriminatory discriminating against her for years. lating health care costs. paycheck is a separate wrong that may She was the only woman among 16 em- be challenged by workers within the re- ployees at her management level, yet By Ms. MIKULSKI (for herself, quired period after receiving the check. Ms. Ledbetter was paid between 15 and Mr. KENNEDY, Mr. HARKIN, Mr. In the Ledbetter case, a jury had found 40 percent less than all of her male col- LEAHY, Mr. REID, Ms. SNOWE, that Lilly Ledbetter was paid less than leagues, including several who had sig- Mr. DODD, Mr. BINGAMAN, Mrs. her male coworkers because she was a nificantly less seniority. After filing a MURRAY, Mr. REED, Mrs. CLIN- woman. The jury awarded back pay to complaint with the Equal Employment TON, Mr. SANDERS, Mr. BROWN, Ms. Ledbetter, but the Supreme Court Opportunity Commission, a Federal Mr. BYRD, Mr. INOUYE, Mr. reversed that award, holding that she jury found that Ms. Ledbetter was LEVIN, Mr. KERRY, Mr. ROCKE- had waited too long and should have owed almost $225,000 in back pay. How- FELLER, Mr. KOHL, Mr. filed her lawsuit within a short time ever, 5 members of the Supreme Court LIEBERMAN, Mr. AKAKA, Mrs. after Goodyear first began discrimi- overturned her jury verdict because she FEINSTEIN, Mr. DORGAN, Mrs. nating against her. Never mind that had filed her lawsuit more than 180 BOXER, Mr. FEINGOLD, Mr. the company discriminated against her days after her employer’s original dis- WYDEN, Mr. DURBIN, Mr. JOHN- for decades, and that the discrimina- criminatory act. SON, Ms. LANDRIEU, Mr. SCHU- tion continued with each new paycheck I was honored to invite Ms. Ledbetter MER, Mrs. LINCOLN, Mr. CARPER, she received. to testify at a Judiciary Committee Ms. STABENOW, Ms. CANTWELL, Far too often, workers like Lilly hearing I chaired in September to ex- Mr. NELSON of Florida, Mr. Ledbetter put in a fair day’s work, but amine how the Supreme Court’s recent LAUTENBERG, Mr. SALAZAR, Mr. go home with less than a fair day’s decisions have affected the lives of or- MENENDEZ, Mr. CARDIN, Mr. pay. Women, African-American, and dinary Americans. Ms. Ledbetter’s case WEBB, Mr. CASEY, Ms. Latino workers all earn a fraction of is but one example of how the Supreme KLOBUCHAR, Mrs. MCCASKILL, what white male workers make. Many Court has dramatically misinterpreted Mr. WHITEHOUSE, Mr. TESTER, qualified older workers and workers the intent of Congress and offered a li- Mr. UDALL of Colorado, Mr. with disabilities also are paid less than ability shield to corporate wrong-doers. UDALL of New Mexico, Mr. WAR- their coworkers for reasons unrelated This decision is yet another example NER, Mrs. SHAHEEN, Mr. to their performance on the job. of the Supreme Court’s increasing will- MERKLEY, Mrs. HAGAN, Mr. It’s more important than ever that ingness to overturn juries who hear the BEGICH, and Mr. PRYOR): we attack the problem of pay discrimi- factual evidence and decide cases. A re- S. 181. A bill to amend title VII of the nation and correct the injustice caused cent study revealed that in employ- Civil Rights Act of 1964 and the Age by the Ledbetter decision. In the cur- ment discrimination cases, Federal Discrimination in Employment Act of rent economic crisis, millions of Amer- courts of appeal are 5 times more like- 1967, and to modify the operation of the ican workers are struggling to make ly to overturn an employee’s favorable Americans with Disabilities Act of 1990 ends meet. Pay discrimination makes trial verdict against an employer than and the Rehabilitation Act of 1973, to that struggle harder, and workers can’t they are to overturn a verdict in favor clarify that a discriminatory com- afford to lose more economic ground. of the corporation. That is a startling pensation decision or other practice To protect these workers, we must disparity for those of us who expect that is unlawful under such Acts occurs move quickly to pass the Lilly employees and employers to be treated each time compensation is paid pursu- Ledbetter Fair Pay Act. fairly by the judges sitting on our ap- ant to the discriminatory compensa- I urge my colleagues, Republicans pellate courts. tion decision or other practice, and for and Democrats alike, to do so, and to In the 110th Congress, the House other purposes; read the first time. send a strong signal that this new Con- passed the bipartisan Lilly Ledbetter Mr. KENNEDY. Mr. President, I’m gress is dedicated to standing up for Fair Pay Act by a vote of 225–199. In proud to join Senator MIKULSKI in in- fairness and equality in the workplace. the Senate, despite the support of 57 troducing this legislation. Equal pay The Lilly Ledbetters of our Nation de- Senators who urged its consideration, for equal work is a fundamental civil serve no less. the majority of Republican Senators right. Over the past 4 decades, America Mr. LEAHY. Mr. President, I am objected to even proceeding to consid- has made enormous progress toward pleased to join Senators MIKULSKI, eration of this bipartisan measure. One

VerDate Nov 24 2008 02:50 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A08JA6.053 S08JAPT1 rfrederick on PROD1PC67 with SENATE January 8, 2009 CONGRESSIONAL RECORD — SENATE S229 Republican Senator who supported the Representatives. I hope that we can the northern Denver-metro area and filibuster introduced an alternative work together to move these bills in the region just west of Rocky Flats. bill, claiming to offer a solution for this Congress and see them signed into The Arapaho-Roosevelt National For- victims of pay discrimination. In re- law. est includes much of the land in this ality, that partisan alternative pro- I ask unanimous consent that the backdrop area, but there are other posal would fail to correct the injustice text of all four bills be included in the lands involved as well. created by the Ledbetter decision. At RECORD and be printed alongside these the Judiciary Committee hearing in remarks. Rising dramatically from the Great September, Ms. Ledbetter confirmed The first bill is the Arkansas Valley Plains, the Front Range of the Rocky that the alternative bill would not Conduit Act of 2009. This bill will help Mountains provides a scenic mountain have remedied her case, but instead protect the water supply for the Ar- backdrop to many communities in the would have imposed additional burdens kansas River Valley’s communities and Denver metropolitan area and else- and increased the costs of her litiga- its productive agricultural lands by ad- where in Colorado. The portion of the tion. vancing the construction of the long- range within and adjacent to the Arap- Congress passed Title VII of the Civil planned Arkansas Valley Conduit. The aho-Roosevelt National Forest also in- Rights Act to protect employees bill will restructure the cost-share pro- cludes a diverse array of wildlife habi- against discrimination with respect to visions of the project and is similar to tats and provides many opportunities compensation because of an individ- legislation introduced in the last Con- for outdoor recreation. The open-space ual’s race, color, religion, sex or na- gress by Senators Wayne Allard and character of this mountain backdrop is tional origin—however the Supreme KEN SALAZAR and introduced yesterday an important aesthetic and economic in the U.S. House of Representatives by Court’s cramped interpretation of this asset for adjoining communities, mak- important law contradicts Congress’s Reps. JOHN SALAZAR and BETSY MAR- ing them attractive locations for intent to ensure equal pay for equal KEY. homes and businesses. But rapid popu- work. The Arkansas Valley Conduit, a pro- This Supreme Court decision goes posed 130-mile water delivery system lation growth in the northern Front against both the spirit and clear intent from the Pueblo Dam to communities Range area of Colorado is increasing of Title VII of the Civil Rights Act, and throughout the Arkansas River Valley, recreational use of the Arapaho-Roo- sends the message to employers that was originally authorized in 1962 as sevelt National Forest and is also in- wage discrimination cannot be pun- part of the Fryingpan-Arkansas, Fry- creasing pressure for development of ished as long as it is kept under wraps. Ark, project. Unfortunately, the au- other lands within and adjacent to that At a time when one-third of private thorization did not include a Federal- national forest. sector employers have rules prohib- local cost-share provision necessary to We can see the effects of rapid popu- cover the estimated $300 million in iting employees from discussing their lation growth throughout Colorado and construction costs, and local commu- pay with each other, the Court’s deci- especially along the Front Range. sion ignores a reality of the work- nities—especially those in southern Homes and shopping centers are place—pay discrimination is often in- Colorado—do not have the resources to sprawling through valleys and along tentionally concealed by employers. shoulder all of the costs. The project Equal pay is not just a women’s has thus remained unfinished for over 4 highways that feed into the Front issue, it is a family issue. With a record years. Range. This development then spreads 70.2 million women in the workforce, The bill will provide for a 65–35 Fed- out along the ridges and mountaintops wage discrimination continues to hurt eral-local cost-share for completion of that make up the backdrop. We are in the majority of American families. As the project, with revenues from so- danger of losing to development many a working mother, the discrimination called ‘‘excess-capacity’’ contracts for of the qualities that have helped at- inflicted on Ms. Ledbetter affected her water storage in other Fry-Ark project tract new residents to Colorado. So, it entire family and continues to affect facilities being used to fund the major- is important to better understand what her retirement benefits. As the econ- ity of the local contribution. This ap- steps might be taken to avoid or lessen omy continues to worsen, many Ameri- proach is the result of close collabora- that risk—and this bill is designed to cans are struggling to put food on the tion between community stakeholders help us do just that. table and money in their retirement and the Colorado congressional delega- Already, local governments and other funds. It is regrettable that recent de- tion and will ensure communities in cisions handed down by the Supreme the Arkansas River Valley can finance entities have provided important pro- Court and Federal appellate courts their portion of the project without in- tection for portions of this mountain have contributed to the financial curring unbearable financial burdens. backdrop, especially in the northern struggles of so many women and their Moreover, the bill will allow the Bu- Denver-metro area. However, some por- families. In the next weeks, I hope we reau of Reclamation to move forward tions of the backdrop in this part of can act to overturn the wrongly-de- with the construction of the Conduit. Colorado remain unprotected and are cided Ledbetter decision to prevent the The depressed economic status of at risk of losing their open-space quali- devastating consequences of pay dis- southeastern Colorado made it a dif- ties. This bill acknowledges the good crimination. ficult financial undertaking for the re- work of the local communities in pre- gion, a challenge that continues today. serving open space along the backdrop By Mr. UDALL of Colorado (for This bill will help see this facility be- and aims to assist further efforts along himself and Mr. SALAZAR: come a reality and thereby help the the same lines. S. 187. A bill to provide for the con- farming and ranching communities in struction of the Arkansas Valley Con- the valley continue to produce needed The bill directs the U.S. Forest Serv- duit in the State of Colorado; to the food and fiber for the state and Nation. ice to study the ownership patterns of Committee on Energy and Natural Re- The second bill I am introducing the lands comprising the Front Range sources. today is the Colorado Northern Front mountain backdrop, identify areas that Mr. UDALL of Colorado. Mr. Presi- Range Mountain Backdrop Protection are at risk, and recommend to Con- dent, today I am introducing four bills, Study Act. I introduced similar bills in gress how these lands might be pro- S. 187, S. 188, S. 189, S. 190, that will the U.S. House of Representatives in tected and how the Federal Govern- preserve and protect majestic public the 107th, 108th, 109th and 110th Con- ment could help local communities and landscapes in Colorado and help pro- gresses. In previous Congresses, the bill residents to achieve that goal. Impor- vide needed water supplies to commu- passed the House and the Senate En- tantly, I note that the bill does not nities and farmers on Colorado’s pro- ergy and Natural Resources Committee interfere with the power of local au- ductive Eastern Plains. These bills but did not receive final action. thorities regarding land use planning were introduced in the last session of The bill is intended to help local or infringe on private property rights. Congress, where they each had hear- communities identify ways to protect Instead, it will bring the land protec- ings and one passed the U.S. House of the Front Range Mountain Backdrop in tion experience of the Forest Service

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I strongly believe it is in the national rado Congressional delegation’s efforts Like H.R. 2334 of the 110th Congress, interest for the Federal Government to in the last Congress to strike a balance the new bill includes wilderness des- assist local communities to identify in protecting the park and the water ignation of more than 700 acres in the ways to protect the mounatin backdrop users who rely on the Grand River Twin Sisters area south of Estes Park. in this part of Colorado. The backdrop Ditch. This carefully negotiated lan- These lands were acquired by the beckoned settlers westward and pre- guage met the needs of those users, but United States and made part of the sented an imposing impediment to questions have been raised about the park after submission to Congress of their forward progress that suggested particular way that liability and water the original wilderness recommenda- similar challenges ahead. This first ex- use issues were addressed in the delega- tion for the park in the 1970s, and so posure to the harshness and humbling tion bill. Specifically, there have been were not included in that recommenda- majesty of the Rocky Mountain West questions about how these provisions tion. They are lands of a wilderness helped define a region. The pioneers’ work in the context of the Park Re- character, and their designation will independent spirit and respect for na- sources Protection Act. While I am not conflict with any current uses. On ture still lives with us to this day. We confident that my bill addresses these the west side, the town of Grand Lake need to work to preserve it by pro- liability concerns, I appreciate the re- and Grand County requested that about tecting the mountain backdrop as a cent efforts by Senator SALAZAR to 650 acres inward from the park bound- cultural and natural heritage for our- offer a slightly different approach that ary around the town be omitted from selves and generations to come. provides a path to a widely-shared goal the wilderness designation in order to The third bill I am introducing that has broad support in Colorado. allow the park to respond to potential today—the National Trails System The wilderness designation in this forest fire threats. As was the case pre- Willing Seller Act—will allow people bill for the park will cover some 94 per- viously, this bill accommodates that who want to sell land for inclusion in cent of the park, including Longs request. certain units of the National Trails Peaks and other major mountains Also like that previous measure, the System to do so. Current law prohibits along the Great Continental Divide, bill responds to the request of the people who own land associated with glacial cirques and snow fields, broad Town of Grand Lake, Grand County several units of the trail system from expanses of alpine tundra and wet and the Headwaters Trails Alliance, a selling those lands to the Federal Gov- meadows, old-growth forests, and hun- group composed of local communities ernment for inclusion in those units. dreds of lakes and streams, all in Grand County that seeks to estab- This bill will allow such sales to hap- untrammeled by human structures or lish opportunities for mountain biking, pen. passage. Indeed, examples of all the and the International Mountain Bicy- This legislation is identical to bills natural ecosystems that make up the cling Association to omit from wilder- introduced in previous Congresses by splendor of the park are included in the ness designation an area along the my former Republican colleagues from wilderness that will be designated by western park boundary, running south Colorado, Representatives Beauprez this bill. At the same time, the wilder- along Lake Granby from the town to and McInnis. The Trail System units ness boundaries have been drawn so as the park’s southern boundary. This covered by the bill are the Oregon Na- to allow continued access for use of ex- will allow the National Park Service to tional Historic Trail, the Mormon Pio- isting roadways, buildings and devel- retain the option of authorizing con- neer National Historic Trail, the Conti- oped areas, privately owned land, and struction of a possible future mountain nental Divide National Scenic Trail, areas where additional facilities and bike route within this part of the park. the Lewis and Clark National Historic roadwork will improve park manage- Similarly, the bill expands the Indian Trail, the Iditarod National Historic ment and visitor services. In addition, Peaks Wilderness Area by 1,000 acres in Trail, the North County National Sce- specific provisions are included to en- the area south of the park and north of nic Trail, the Ice Age National Scenic sure that there will be no adverse ef- Lake Granby. The lands involved are Trail, the Potomac Heritage National fects on continued use of existing currently managed as part of the Arap- Scenic Trail, and the Nez Perce Na- water facilities. aho National Recreation Area, which is tional Historic Trail. The lands designated as wilderness accordingly reduced by about 1,000 Our national trails are a national will become part of the National Wil- acres. treasure, and we should allow people derness Preservation System that was As did the previous bill, this bill in- who own land along these trails to sell established by the Wilderness Act and cludes a section that authorizes the that land to the Federal Government will be managed in accordance with National Park Service to lease an 11- to be part of our public lands legacy. that Act and the provisions of the bill. acre property, the Leiffer tract, that But it is important to make clear that The bill’s provisions amplify this by was donated to the National Park these land sales are from willing sell- specifying that—no new reclamation Service in 1977. Located outside the ers, which is what this bill will do. This projects will be allowed in the wilder- park’s boundaries, it has two buildings, bill makes a small but important ad- ness area; nothing in the bill will cre- including a house that is listed on the justment to current law, and I think it ate a ‘‘buffer zone’’ around the wilder- National Register of Historic Places. deserves the support of all Members of ness and non-wilderness activities visi- The Park Service would like to have the Senate. ble or audible from within the wilder- the option of leasing it, but current The final bill I am introducing today ness will not be prohibited; the Na- law allows leasing only for ‘‘property is the Rocky Mountain National Park tional Park Service can act to control administered . . . as part of the Na- Wilderness and Indian Peaks Wilder- fire, insects, and diseases, including tional Park System,’’ and this property ness Expansion Act, which will des- use of mechanical tools within the wil- does not qualify. The bill allows the ignate nearly 250,000 acres of Rocky derness; and nothing in the bill will re- Park Service to lease the property as if Mountain National Park as wilderness. duce or restrict the current authority it were located inside or contiguous to I introduced this bill in the 110th Con- of the National Park Service to man- the park. gress as a member of the House of Rep- age the Park’s lands and resources. Also like previous measures, the bill resentatives. It was cosponsored in the The bill is similar to measures pre- addresses the question of possible im- Senate by my colleague Senator KEN viously introduced by my predecessor pacts on water rights—something that SALAZAR, and eventually by the Colo- in the House of Representatives, Rep- can be a primary point of contention in rado Congressional delegation. Over a resentative David Skaggs, as well as Congressional debates over designating period of months, we worked together other bills introduced before that, and wilderness areas. It reflects the legal

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ARKANSAS VALLEY CONDUIT, COLORADO. under the laws of the United States Spanish Peaks area of the San Isabel (a) COST SHARE.—The first section of Pub- and Colorado, including a decision of National Forest as well as in the Black lic Law 87–590 (76 Stat. 389) is amended in the the Colorado Supreme Court, that Canyon of the Gunnison National Park, second sentence of subsection (c) by insert- Rocky Mountain National Park al- the Gunnison Gorge, the Black Ridge ing after ‘‘cost thereof,’’ the following: ‘‘or ready has extensive Federal reserved portion of the Colorado Canyons Na- in the case of the Arkansas Valley Conduit, water rights arising from the creation tional Conservation Area, and the payment in an amount equal to 35 percent of of the national park itself. And it re- James Peak area of the Arapaho-Roo- the cost of the conduit that is comprised of flects the geographic reality that the revenue generated by payments pursuant to sevelt National Forests. a repayment contract and revenue that may park sits astride the continental di- We now need to continue making be derived from contracts for the use of vide, meaning there is no higher land progress by providing wilderness des- Fryingpan-Arkansas project excess capacity around from which streams flow into ignations for other deserving lands in or exchange contracts using Fryingpan-Ar- the park, and thus there is no possi- Colorado, including lands that are kansas project facilities,’’. bility of any diversion of water occur- managed by the Bureau of Land Man- (b) RATES.—Section 2(b) of Public Law 87– ring upstream from the park. In rec- agement. And the time is ripe for fi- 590 (76 Stat. 390) is amended— ognition of these legal and practical re- nally resolving the status of the lands (1) by striking ‘‘(b) Rates’’ and inserting alities, the bill includes a finding that within Rocky Mountain National Park the following: because the park already has these ex- that are dealt with in this bill. ‘‘(b) RATES.— tensive reserved rights to water, there Lands covered by the bill are cur- ‘‘(1) IN GENERAL.—Rates’’; and is no need for any additional reserva- rently being managed to protect their (2) by adding at the end the following: tion or appropriation of such right, and wilderness character. Formal wilder- ‘‘(2) RUEDI DAM AND RESERVOIR, FOUNTAIN an explicit disclaimer that the bill ef- ness designation will no longer leave VALLEY PIPELINE, AND SOUTH OUTLET WORKS fects any such reservation. this question to the discretion of the AT PUEBLO DAM AND RESERVOIR.— As I mentioned, there are also provi- Park Service, but will make it clear ‘‘(A) IN GENERAL.—Notwithstanding the reclamation laws, until the date on which sions in this bill that deal with the that within the designated areas, there Grand River Ditch, created before the payments for the Arkansas Valley Con- will never be roads, visitor facilities, or duit under paragraph (3) begin, any revenue Rocky Mountain National Park was es- other manmade features that interfere that may be derived from contracts for the tablished and partly located within the with the spectacular natural beauty use of Fryingpan-Arkansas project excess ca- park. The owners of the ditch are cur- and wildness of the mountains. This is pacity or exchange contracts using rently working to conclude an agree- especially important for a park like Fryingpan-Arkansas project facilities shall ment with the National Park Service Rocky Mountain, which is relatively be credited towards payment of the actual with respect to operation and mainte- small by western standards. As nearby cost of Ruedi Dam and Reservoir, the Foun- tain Valley Pipeline, and the South Outlet nance of the portion of the ditch within land development and alteration has the park, and the bill provides that Works at Pueblo Dam and Reservoir plus in- accelerated in recent years, the pris- terest in an amount determined in accord- after conclusion of this agreement the tine nature of the park’s backcountry ance with this section. strict liability standard of the Park becomes an increasingly rare feature of ‘‘(B) EFFECT.—Nothing in the Federal rec- Resources Protection Act which now Colorado’s landscape. Further, the lamation law (the Act of June 17, 1902 (32 applies to any damage to park re- park’s popularity demands definitive Stat. 388, chapter 1093), and Acts supple- sources will not apply so long as the and permanent protection for wild mental to and amendatory of that Act (43 ditch is operated and maintained in ac- areas against possible pressures for de- U.S.C. 371 et seq.)) prohibits the concurrent crediting of revenue (with interest as pro- cordance with the agreement. The own- velopment within the park. While only ers of the ditch remain liable for dam- vided under this section) towards payment of about one tenth the size of Yellowstone the Arkansas Valley Conduit as provided age to park resources caused by neg- National Park, Rocky Mountain Na- under this paragraph. ligence or intentional acts, and the bill tional Park sees nearly the same num- ‘‘(3) ARKANSAS VALLEY CONDUIT.— specifies that it will not limit or other- ber of visitors each year. At the same ‘‘(A) USE OF REVENUE.—Notwithstanding wise affect the liability of any indi- time, designating these carefully se- the reclamation laws, any revenue derived vidual or entity for damages to, loss of, lected portions of Rocky Mountain as from contracts for the use of Fryingpan-Ar- or injury to any park resource result- wilderness will make other areas, now kansas project excess capacity or exchange contracts using Fryingpan-Arkansas project ing from any cause of event occurring restricted under interim wilderness before the bill’s enactment. In addi- facilities shall be credited towards payment protection management, available for of the actual cost of the Arkansas Valley tion, the bill specifies that its enact- overdue improvements to park roads Conduit plus interest in an amount deter- ment will not restrict or otherwise af- and visitor facilities. mined in accordance with this section. fect any activity relating to the moni- In summary, the Rocky Mountain ‘‘(B) ADJUSTMENT OF RATES.—Any rates toring, operation, maintenance, repair, National Park Wilderness and Indian charged under this section for water for mu- replacement, or use of the ditch that Peaks Wilderness Expansion Act will nicipal, domestic, or industrial use or for the was authorized or approved by the Na- protect some of our Nation’s finest use of facilities for the storage or delivery of water shall be adjusted to reflect the esti- tional Park Service as of the date of wild lands. It will protect existing the bill’s enactment. The bill also pro- mated revenue derived from contracts for rights. It will not limit any existing the use of Fryingpan-Arkansas project ex- vides that use of water transported by opportunity for new water develop- cess capacity or exchange contracts using the ditch for a main purpose or main ment. It is bipartisan and will affirm Fryingpan-Arkansas project facilities.’’. purposes other than irrigation will not the commitment of all Coloradans to (c) AUTHORIZATION OF APPROPRIATIONS.— terminate or adversely affect the preserving the features that make our Section 7 of Public Law 87–590 (76 Stat. 393) ditch’s right-of-way. State such a remarkable place to live. is amended— The matters dealt with in this bill So, I think it deserves prompt enact- (1) by striking ‘‘SEC. 7. There is hereby’’ have a long history. The wilderness ment. and inserting the following: designations are based on National Mr. President, I ask unanimous con- ‘‘SEC. 7. AUTHORIZATION OF APPROPRIATIONS. Park Service recommendations pre- sent that the text of each bill be print- ‘‘(a) IN GENERAL.—There is’’; and sented to Congress by President Rich- ed in the RECORD. (2) by adding at the end the following: ard Nixon. That they have not been There being no objection, the text of acted on before this reflects the dif- the bills was ordered to be printed in ‘‘(b) ARKANSAS VALLEY CONDUIT.— ficult history of wilderness legislation. the RECORD, as follows: ‘‘(1) IN GENERAL.—Subject to annual appro- One Colorado statewide wilderness bill priations and paragraph (2), there are au- S. 187 thorized to be appropriated such sums as are was enacted in 1980, but it took more Be it enacted by the Senate and House of Rep- than a decade before the Colorado dele- necessary for the construction of the Arkan- resentatives of the United States of America in sas Valley Conduit. gation and the Congress were finally Congress assembled, ‘‘(2) LIMITATION.—Amounts made available able, in 1993, to pass a second statewide SECTION 1. SHORT TITLE. under paragraph (1) shall not be used for the national forest wilderness bill. Since This Act may be cited as the ‘‘Arkansas operation or maintenance of the Arkansas then, action has been completed on Valley Conduit Act of 2009’’. Valley Conduit.’’.

VerDate Nov 24 2008 02:52 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A08JA6.067 S08JAPT1 rfrederick on PROD1PC67 with SENATE S232 CONGRESSIONAL RECORD — SENATE January 8, 2009 S. 188 House of Representatives notice of the deci- or interest in land outside the exterior Be it enacted by the Senate and House of Rep- sion not to conduct the study or develop the boundaries of any federally administered resentatives of the United States of America in report. area may be acquired by the Federal Govern- Congress assembled, (d) EFFECT.—Nothing in this Act author- ment for the trail except with the consent of SECTION 1. SHORT TITLE. izes the Secretary to take any action that the owner of the land or interest in land.’’. This Act may be cited as the ‘‘Colorado would affect the use of any land not owned (g) ICE AGE NATIONAL SCENIC TRAIL.—Sec- Northern Front Range Mountain Backdrop by the United States. tion 5(a)(10) of the National Trails System Protection Study Act’’. Act (16 U.S.C. 1244(a)(10)) is amended by add- ing at the end the following: ‘‘No land or in- SEC. 2. PURPOSE. S. 189 The purpose of this Act is to identify op- Be it enacted by the Senate and House of terest in land outside the exterior bound- tions that may be available to assist in Representatives of the United States of America aries of any federally administered area may maintaining the open space characteristics in Congress assembled, be acquired by the Federal Government for the trail except with the consent of the of land that is part of the mountain back- SECTION 1. SHORT TITLE. owner of the land or interest in land.’’. drop of communities in the northern section This Act may be cited as ‘‘National Trails (h) POTOMAC HERITAGE NATIONAL SCENIC of the Front Range area of Colorado. System Willing Seller Act’’. TRAIL.—Section 5(a)(11) of the National SEC. 3. DEFINITIONS. SEC. 2. AUTHORITY TO ACQUIRE LAND FROM Trails System Act (16 U.S.C. 1244(a)(11)) is In this Act: WILLING SELLERS FOR CERTAIN amended— (1) SECRETARY.—The term ‘‘Secretary’’ TRAILS. (1) by striking the fourth and fifth sen- means the Secretary of Agriculture, acting (a) OREGON NATIONAL HISTORIC TRAIL.— tences; and through the Chief of the Forest Service. Section 5(a)(3) of the National Trails System (2) by adding at the end the following: ‘‘No (2) STATE.—The term ‘‘State’’ means the Act (16 U.S.C. 1244(a)(3)) is amended by add- land or interest in land outside the exterior State of Colorado. ing at the end the following: ‘‘No land or in- boundaries of any federally administered (3) STUDY AREA.— terest in land outside the exterior bound- area may be acquired by the Federal Govern- (A) IN GENERAL.—The term ‘‘study area’’ aries of any federally administered area may ment for the trail except with the consent of means the land in southern Boulder, north- be acquired by the Federal Government for the owner of the land or interest in land.’’. ern Jefferson, and northern Gilpin Counties, the trail except with the consent of the (i) NEZ PERCE NATIONAL HISTORIC TRAIL.— Colorado, that is located west of Colorado owner of the land or interest in land. The au- Section 5(a)(14) of the National Trails Sys- State Highway 93, south and east of Colorado thority of the Federal Government to ac- tem Act (16 U.S.C. 1244(a)(14)) is amended— State Highway 119, and north of Colorado quire fee title under this paragraph shall be (1) by striking the fourth and fifth sen- State Highway 46, as generally depicted on limited to an average of not more than 1⁄4 tences; and the map entitled ‘‘Colorado Northern Front mile on either side of the trail.’’. (2) by adding at the end the following: ‘‘No Range Mountain Backdrop Protection Study (b) MORMON PIONEER NATIONAL HISTORIC land or interest in land outside the exterior Act: Study Area’’ and dated August 27, 2008. TRAIL.—Section 5(a)(4) of the National Trails boundaries of any federally administered (B) EXCLUSIONS.—The term ‘‘study area’’ System Act (16 U.S.C. 1244(a)(4)) is amended area may be acquired by the Federal Govern- does not include land within the city limits by adding at the end the following: ‘‘No land ment for the trail except with the consent of of the cities of Arvada, Boulder, or Golden, or interest in land outside the exterior the owner of the land or interest in land. The Colorado. boundaries of any federally administered authority of the Federal Government to ac- (4) UNDEVELOPED LAND.—The term ‘‘unde- area may be acquired by the Federal Govern- quire fee title under this paragraph shall be veloped land’’ means land— ment for the trail except with the consent of limited to an average of not more than 1⁄4 (A) that is located within the study area; the owner of the land or interest in land. The mile on either side of the trail.’’. (B) that is free or primarily free of struc- authority of the Federal Government to ac- SEC. 3. CONFORMING AMENDMENT. tures; and quire fee title under this paragraph shall be Section 10 of the National Trails System (C) the development of which is likely to limited to an average of not more than 1⁄4 Act (16 U.S.C. 1249 is amended by striking affect adversely the scenic, wildlife, or rec- mile on either side of the trail.’’. subsection (c) and inserting the following: reational value of the study area. (c) CONTINENTAL DIVIDE NATIONAL SCENIC ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— SEC. 4. COLORADO NORTHERN FRONT RANGE TRAIL.—Section 5(a)(5) of the National Trails ‘‘(1) IN GENERAL.—Except as otherwise pro- MOUNTAIN BACKDROP STUDY. System Act (16 U.S.C. 1244(a)(5)) is amended vided in this Act, there are authorized to be (a) STUDY; REPORT.—Not later than 1 year by adding at the end the following: ‘‘No land appropriated such sums as are necessary to after the date of enactment of this Act and or interest in land outside the exterior implement the provisions of this Act relat- except as provided in subsection (c), the Sec- boundaries of any federally administered ing to the trails designated by section 5(a). retary shall— area may be acquired by the Federal Govern- ‘‘(2) NATCHEZ TRACE NATIONAL SCENIC (1) conduct a study of the land within the ment for the trail except with the consent of TRAIL.— study area; and the owner of the land or interest in land. The ‘‘(A) IN GENERAL.—With respect to the (2) complete a report that— authority of the Federal Government to ac- Natchez Trace National Scenic Trail (re- (A) identifies the present ownership of the quire fee title under this paragraph shall be ferred to in this paragraph as the ‘trail’) des- land within the study area; limited to an average of not more than 1⁄4 ignated by section 5(a)(12)— (B) identifies any undeveloped land that mile on either side of the trail.’’. ‘‘(i) not more than $500,000 shall be appro- may be at risk of development; and (d) LEWIS AND CLARK NATIONAL HISTORIC priated for the acquisition of land or inter- (C) describes any actions that could be TRAIL.—Section 5(a)(6) of the National Trails ests in land for the trail; and taken by the United States, the State, a po- System Act (16 U.S.C. 1244(a)(6)) is amended ‘‘(ii) not more than $2,000,000 shall be ap- litical subdivision of the State, or any other by adding at the end the following: ‘‘No land propriated for the development of the trail. parties to preserve the open and undeveloped or interest in land outside the exterior ‘‘(B) PARTICIPATION BY VOLUNTEER TRAIL character of the land within the study area. boundaries of any federally administered GROUPS.—The administering agency for the (b) REQUIREMENTS.—The Secretary shall area may be acquired by the Federal Govern- trail shall encourage volunteer trail groups conduct the study and develop the report ment for the trail except with the consent of to participate in the development of the under subsection (a) with the support and the owner of the land or interest in land. The trail.’’. participation of 1 or more of the following authority of the Federal Government to ac- S. 190 State and local entities: quire fee title under this paragraph shall be (1) The Colorado Department of Natural limited to an average of not more than 1⁄4 Be it enacted by the Senate and House of Rep- Resources. mile on either side of the trail.’’. resentatives of the United States of America in (2) Colorado State Forest Service. (e) IDITAROD NATIONAL HISTORIC TRAIL.— Congress assembled, (3) Colorado State Conservation Board. Section 5(a)(7) of the National Trails System SECTION 1. SHORT TITLE. (4) Great Outdoors Colorado. Act (16 U.S.C. 1244(a)(7)) is amended by add- This Act may be cited as the ‘‘Rocky (5) Boulder, Jefferson, and Gilpin Counties, ing at the end the following: ‘‘No land or in- Mountain National Park Wilderness and In- Colorado. terest in land outside the exterior bound- dian Peaks Wilderness Expansion Act’’. (c) LIMITATION.—If the State and local en- aries of any federally administered area may SEC. 2. PURPOSES. tities specified in subsection (b) do not sup- be acquired by the Federal Government for The purposes of this Act are— port and participate in the conduct of the the trail except with the consent of the (1) to include in the National Wilderness study and the development of the report owner of the land or interest in land. The au- Preservation System certain land within the under this section, the Secretary may— thority of the Federal government to acquire Rocky Mountain National Park, Colorado, to (1) decrease the area covered by the study fee title under this paragraph shall be lim- protect— area, as appropriate; or ited to an average of not more than 1⁄4 mile (A) the enduring scenic and historic wilder- (2)(A) opt not to conduct the study or de- on either side of the trail.’’. ness character and unique wildlife values of velop the report; and (f) NORTH COUNTRY NATIONAL SCENIC the land; and (B) submit to the Committee on Energy TRAIL.—Section 5(a)(8) of the National Trails (B) the scientific, educational, inspira- and Natural Resources of the Senate and the System Act (16 U.S.C. 1244(a)(8)) is amended tional, and recreational resources, values, Committee on Natural Resources of the by adding at the end the following: ‘‘No land and opportunities of the land; and

VerDate Nov 24 2008 03:24 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A08JA6.055 S08JAPT1 rfrederick on PROD1PC67 with SENATE January 8, 2009 CONGRESSIONAL RECORD — SENATE S233 (2) to adjust the boundaries of the Indian ‘‘Specimen Ditch’’), the right-of-way for the curred before the date of enactment of this Peaks Wilderness and Arapaho National Grand River Ditch, land 200 feet on each side Act. Recreation Area of the Arapaho National of the marginal limits of the Ditch, and any (C) EXISTING ACTIVITIES.—Nothing in this Forest. associated appurtenances, structures, build- Act, including the designation of the Wilder- SEC. 3. DEFINITIONS. ings, camps, and work sites in existence as of ness under this section, shall restrict or oth- In this Act: June 1, 1998. erwise affect any activity (including an ac- (1) MAP.—The term ‘‘Map’’ means the map (2) Land owned by the St. Vrain & Left tivity carried out in response to an emer- entitled ‘‘Rocky Mountain National Park, Hand Water Conservancy District, including gency or catastrophic event) on, under, or af- Colorado Wilderness Boundaries’’ and dated Copeland Reservoir and the Inlet Ditch to fecting the Wilderness or land excluded September 2006. the Reservoir from the North St. Vrain under subsection (d)(1) relating to the moni- (2) PARK.—The term ‘‘Park’’ means the Creek, comprising approximately 35.38 acres. toring, operation, maintenance, repair, re- Rocky Mountain National Park in the State. (3) Lands owned by the Wincentsen-Harms placement, or use of the Grand River Ditch (3) POTENTIAL WILDERNESS LAND.—The term Trust, comprising approximately 2.75 acres. that was authorized or approved by the Sec- ‘‘potential wilderness land’’ means— (4) Land within the area depicted as the retary as of the date of enactment of this (A) the land identified on the Map as po- ‘‘East Shore Trail Area’’ on the map pre- Act. tential wilderness; and pared under subsection (b)(1). (D) NO EFFECT.—Notwithstanding any (e) ADMINISTRATION.— (B) any land acquired by the United States other provision of any previous or existing (1) IN GENERAL.—Subject to valid existing on or after the date of enactment of this Act law, any stipulation, or any agreement, or rights, any land designated as wilderness that is— interpretation thereof, use of water trans- under subsection (a) or added to the Wilder- ported by the Grand River Ditch for a main (i) located within the boundaries of the ness after the date of enactment of this Act purpose or main purposes other than irriga- Park; and under subsection (c) shall be administered by tion shall not terminate or adversely affect (ii) contiguous with any land designated as the Secretary in accordance with— the right-of-way of the Grand River Ditch, wilderness by section 4(a). (A) the Wilderness Act (16 U.S.C. 1131 et and such right-of-way shall not be deemed (4) SECRETARY.—The term ‘‘Secretary’’ seq.); and relinquished, forfeited, or lost, solely be- means the Secretary of the Interior. (B) this Act. cause such water is used for a main purpose (5) STATE.—The term ‘‘State’’ means the (2) EFFECTIVE DATE OF WILDERNESS ACT.— or main purposes other than irrigation. State of Colorado. With respect to the land designated as Wil- (5) COLORADO-BIG THOMPSON PROJECT AND (6) TRAIL.—The term ‘‘Trail’’ means the derness by subsection (a) or added to the Wil- WINDY GAP PROJECT.— East Shore Trail established under section derness after the date of enactment of this (A) EXISTING ACTIVITIES.—Activities (in- 5(a). Act under subsection (c), any reference in cluding activities that are necessary because (7) WILDERNESS.—The term ‘‘Wilderness’’ the Wilderness Act (16 U.S.C. 1131 et seq.) to of emergencies or catastrophic events) on, means the Rocky Mountain National Park the effective date of the Wilderness Act shall under, or affecting the Wilderness relating to Wilderness designated by section 4(a). be deemed to be a reference to the date of en- the monitoring, operation, maintenance, re- SEC. 4. ROCKY MOUNTAIN NATIONAL PARK WIL- actment of this Act or the date of enactment pair, replacement, or use of the Alva B. DERNESS. of the Act adding the land to the Wilderness, Adams Tunnel at its designed capacity and (a) DESIGNATION.—In furtherance of the respectively. all other Colorado-Big Thompson Project fa- purposes of the Wilderness Act (16 U.S.C. 1131 (3) WATER RIGHTS.— cilities located within the Park that were al- et seq.), there is designated as wilderness and (A) FINDINGS.—Congress finds that— lowed as of the date of enactment of this Act as a component of the National Wilderness (i) according to decisions of the State under the Act of January 26, 1915 (16 U.S.C. Preservation System approximately 249,339 courts, the United States has existing rights 191)— acres of land in the Park, as generally de- to water within the Park; (i) shall be allowed to continue; and picted on the Map, which shall be known as (ii) the existing water rights are sufficient (ii) shall not be affected by the designation the ‘‘Rocky Mountain National Park Wilder- for the purposes of the Wilderness; and of the Wilderness under this section. ness’’. (iii) based on the findings described in (B) EFFECT.—Nothing in this Act or the (b) MAP AND BOUNDARY DESCRIPTION.— clauses (i) and (ii), there is no need for the designation of the Wilderness shall prohibit (1) IN GENERAL.—As soon as practicable United States to reserve or appropriate any or restrict the conveyance of any water after the date of enactment of this Act, the additional water rights to fulfill the pur- through the Alva B. Adams Tunnel for any Secretary shall submit to the Committee on poses of the Wilderness. purpose. Resources of the House of Representatives (B) NO RESERVATION OF WATER RIGHTS.— (C) NEW RECLAMATION PROJECTS.—Nothing and the Committee on Energy and Natural Nothing in this Act or any action carried out in the first section of the Act of January 26, Resources of the Senate a map and boundary pursuant to this Act shall constitute an ex- 1915 (16 U.S.C. 191), shall be construed to description of the Wilderness. press or implied reservation by the United allow development in the Wilderness of any (2) AVAILABILITY.—The map and boundary States of water or water rights for any pur- reclamation project not in existence as of description submitted under paragraph (1) pose. the date of enactment of this Act. shall be on file and available for public in- (4) GRAND RIVER DITCH.— (6) NO BUFFER ZONE.— spection in the Office of the Director of the (A) LIABILITY.—Notwithstanding any other (A) IN GENERAL.—Nothing in this Act cre- National Park Service. provision of law, or any stipulation or appli- ates a protective perimeter or buffer zone (3) CORRECTIONS.—The Secretary may cor- cable agreement, during any period in which around the Wilderness. rect clerical and typographical errors in the the Water Supply and Storage Company (or (B) ACTIVITIES OUTSIDE WILDERNESS.—The map and boundary description submitted any successor in interest to the Water Sup- fact that a nonwilderness activity or use can under paragraph (1). ply and Storage Company with respect to the be seen or heard from within the Wilderness (4) EFFECT.—The map and boundary de- Grand River Ditch) operates and maintains shall not preclude the conduct of the activ- scription submitted under paragraph (1) shall the portion of the Grand River Ditch within ity or use outside the boundary of the Wil- have the same force and effect as if included the Park in compliance with an operations derness. in this Act. and maintenance agreement between the (7) FIRE, INSECT, AND DISEASE CONTROL.—In (c) INCLUSION OF POTENTIAL WILDERNESS Water Supply and Storage Company and the accordance with section 4(d)(1) of the Wilder- LAND.— National Park Service entered into on ness Act (16 U.S.C. 1133(d)(1)), the Secretary (1) IN GENERAL.—On publication in the Fed- llllllllllll, no individual or enti- may take such measures in the Wilderness as eral Register of a notice by the Secretary ty who owns, controls, or operates the Grand are necessary to control fire, insects, and that all uses of a parcel of potential wilder- River Ditch shall be liable for any response diseases, including the use of mechanized ness land inconsistent with the Wilderness costs or for any damages to, loss of, or injury tools, subject to such conditions as the Sec- Act (16 U.S.C. 1131 et seq.) have ceased, the to the resources of the Park resulting from retary determines to be desirable. parcel shall be— any cause or event (including, but not lim- (8) MANAGEMENT AUTHORITY.—Nothing in (A) included in the Wilderness; and ited to, water escaping from any part of the this Act shall be construed as reducing or re- (B) managed in accordance with this sec- Grand River Ditch by overflow or as a result stricting the authority of the Secretary to tion. of a breach, failure, or partial failure of any manage the lands and other resources within (2) MAP AND BOUNDARY DESCRIPTION.—The portion of the Grand River Ditch, including the Park pursuant to the Act of January 26, Secretary shall modify the map and bound- the portion of the ditch located outside the 1915 (16 U.S.C. 191), and other laws applicable ary description prepared under subsection (b) Park), unless the damages to, loss of, or in- to the Park as of the date of enactment of to reflect the inclusion of the parcel in the jury to the resources are proximately caused this Act. Wilderness. by the negligence or an intentional act of SEC. 5. EAST SHORE TRAIL AREA IN ROCKY (d) EXCLUSION OF CERTAIN LAND.—The the individual or entity. MOUNTAIN NATIONAL PARK. boundaries of the Wilderness shall specifi- (B) LIMITATION.—Nothing in this section (a) IN GENERAL.—Not later than 1 year cally exclude: limits or otherwise affects any liability of after the date of enactment of this Act, the (1) The Grand River Ditch (including the any individual or entity for damages to, loss Secretary shall establish within the East main canal of the Grand River Ditch and a of, or injury to any resource of the Park re- Shore Trail Area in Rocky Mountain Na- branch of the main canal known as the sulting from any cause or event that oc- tional Park an alignment line for a trail, to

VerDate Nov 24 2008 02:52 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A08JA6.060 S08JAPT1 rfrederick on PROD1PC67 with SENATE S234 CONGRESSIONAL RECORD — SENATE January 8, 2009 be known as the ‘‘East Shore Trail’’, to Indian Peaks Wilderness Area, the Arapaho traption,’’ which effectively shuts out maximize the opportunity for sustained use National Recreation Area and the Oregon Is- the majority of Americans—those who of the Trail without causing— lands Wilderness Area Act (16 U.S.C. 460jj(a)) don’t live in one of the key battle- (1) harm to affected resources; or is amended— ground States—from any meaningful (2) conflicts among users. (1) by striking ‘‘thirty-six thousand two (b) BOUNDARIES.— hundred thirty-five acres’’ and inserting participation in the selection of our (1) IN GENERAL.—After establishing the ‘‘35,235 acres’’; and President. alignment line for the Trail under subsection (2) by striking ‘‘dated July 1978’’ and in- A recently released study by (a), the Secretary shall— serting ‘‘dated May 2007’’. FairVote, the Center for Voting and (A) identify the boundaries of the Trail, SEC. 7. AUTHORITY TO LEASE LEIFFER TRACT. Democracy, documents just how lop- which shall not extend more than 25 feet east (a) IN GENERAL.—Section 3(k) of Public sided the Electoral College has made of the alignment line or be located within Law 91–383 (16 U.S.C. 1a–2(k)) shall apply to presidential elections: more than 98 the wilderness area; and the parcel of land described in subsection (b). percent of all campaign events and (B) modify the map of the Wilderness pre- (b) DESCRIPTION OF THE LAND.—The parcel pared under section 4(b)(1) so that the west- more than 98 percent of all campaign of land referred to in subsection (a) is the spending occurred in 15 large and small ern boundary of the Wilderness is 50 feet east parcel of land known as the ‘‘Leiffer tract’’ of the alignment line. that is— battleground States representing 36.6 (2) ADJUSTMENTS.—To the extent necessary (1) located near the eastern boundary of percent of the Nation’s eligible voter to protect National Park System resources, Rocky Mountain National Park in Larimer population. Of the 300 campaign events the Secretary may adjust the boundaries of County, Colorado; and by the major presidential candidates the Trail, if the adjustment does not place (2) administered by the National Park held between September 5 and Novem- any portion of the Trail within the boundary Service. of the Wilderness. ber 4, 2008, fully 57 percent of these events took place in four States—Ohio, (c) INCLUSION IN WILDERNESS.—On comple- By Mr. NELSON of Florida: tion of the construction of the Trail, as au- Florida, Pennsylvania, and Virginia— thorized by the Secretary— S.J. Res. 4. A joint resolution pro- representing just 17 percent of the Na- (1) any portion of the East Shore Trail posing an amendment to the Constitu- tion’s eligible voters. Voter turnout Area that is not traversed by the Trail, that tion of the United States to abolish the was 67 percent in the 15 battleground is not west of the Trail, and that is not with- electoral college and to provide for the States and only 61 percent in the re- in 50 feet of the centerline of the Trail shall direct popular election of the President maining 35 States. be— and Vice President of the United (A) included in the Wilderness; and The simple and straightforward con- States; to the Committee on the Judi- stitutional amendment simply provides (B) managed as part of the Wilderness in ciary. accordance with section 4; and for the direct election of the President (2) the Secretary shall modify the map and Mr. NELSON of Florida. Mr. Presi- and Vice President, based on the na- boundary description of the wilderness pre- dent, earlier today, the Congress met tional popular vote from the 50 States, pared under section 4(b)(1) to reflect the in- in a joint session, as it does every 4 the U.S. territories, and the District of clusion of the East Shore Trail Area land in years in early January, to conduct the Columbia. the Wilderness. official count of the electoral ballots (d) EFFECT.—Nothing in this section— The proposed amendment also con- from the States. Most Americans pay firms—consistent with the vision of the (1) requires the construction of the Trail no attention to this ritual, believing along the alignment line established under Framers—that it is within Congress’s subsection (a); or that presidential elections in this power to set the time, place and man- (2) limits the extent to which any other- country get decided on Election Day. ner—as well as other key criteria—for wise applicable law or policy applies to any But it is the votes of the Electoral Col- holding Federal elections. Unlike some decision with respect to the construction of lege, presented by each State to the proposed constitutional amendments the Trail. Congress, that determine who our next that have been introduced in the past, (e) RELATION TO LAND OUTSIDE WILDER- President and Vice President are going my proposal does not delve into addi- NESS.— to be. We are the beacon of democracy (1) IN GENERAL.—Except as provided in this tional detail by specifying the quali- subsection, nothing in this Act shall affect in the world, and yet, voters in this fications for voters or by imposing a the management or use of any land not in- country do not have the opportunity to majority requirement for an election, cluded within the boundaries of the Wilder- elect their leaders directly. leaving those issues for the Congress to ness or the potential wilderness land. Today, I am introducing a constitu- address through the legislative process. (2) MOTORIZED VEHICLES AND MACHINERY.— tional amendment to abolish the Elec- Rather, the amendment keeps the No use of motorized vehicles or other motor- toral College to allow direct election of ized machinery that was not permitted on focus where it belongs—on enshrining the President by popular vote. If the in our Constitution the principle of one March 1, 2006, shall be allowed in the East principle of one person, one vote is to Shore Trail Area except as the Secretary de- person, one vote, in the election of our termines to be necessary for use in— mean anything, it is that the candidate President. (A) constructing the Trail, if the construc- who wins a majority of the votes wins I first introduced this constitutional tion is authorized by the Secretary; or the Presidency, and votes for every amendment during the previous Con- (B) maintaining the Trail. candidate from every State should gress, as part of a broader package of (3) MANAGEMENT OF LAND BEFORE INCLU- count. reforms that also included measures to SION.—Until the Secretary authorizes the On only a few occasions in our his- construction of the Trail and the use of the make it easier to vote, for example, by tory, the candidate who lost the pop- encouraging early voting or no-fault Trail for non-motorized bicycles, the East ular vote won the Electoral College and Shore Trail Area shall be managed— absentee voting; to ensure that there is (A) to protect any wilderness characteris- became president. In 2000, George W. a verifiable paper ballot so that every tics of the East Shore Trail Area; and Bush actually lost the nationwide pop- vote cast gets counted; and to allow (B) to maintain the suitability of the East ular election to Al Gore by nearly voters, not party bosses, to select pres- Shore Trail Area for inclusion in the Wilder- 544,000 votes, yet won the presidency in idential candidates. I plan to file these ness. a Supreme Court showdown over Flor- other election reforms early in this SEC. 6. INDIAN PEAKS WILDERNESS AND ARAP- ida’s Electoral College votes that Congress. AHO NATIONAL RECREATION AREA hinged on far fewer disputed State bal- BOUNDARY ADJUSTMENT. Mr. President, I ask unanimous con- (a) INDIAN PEAKS WILDERNESS BOUNDARY lots. That dispute undermined Ameri- sent that the text of the joint resolu- ADJUSTMENT.—Section 3(a) of the Indian cans’ confidence in our democracy and tion be printed in the RECORD. Peaks Wilderness Area, the Arapaho Na- should not be allowed to happen again. There being no objection, the text of tional Recreation Area and the Oregon Is- In addition, the Electoral College the joint resolution was ordered to be lands Wilderness Area Act (16 U.S.C. 1132 skews the way candidates for president printed in the RECORD, as follows: note; Public Law 95–450) is amended— campaign, causing them to focus only S.J. RES. 4 (1) by striking ‘‘seventy thousand acres’’ on contested ‘‘battleground States’’. As Resolved by the Senate and House of Rep- and inserting ‘‘74,195 acres’’; and the Miami Herald recognized in an edi- (2) by striking ‘‘dated July 1978’’ and in- resentatives of the United States of America in serting ‘‘dated May 2007’’. torial published the day after the 2008 Congress assembled, That the following article (b) ARAPAHO NATIONAL RECREATION AREA election, the Electoral College is a is proposed as an amendment to the Con- BOUNDARY ADJUSTMENT.—Section 4(a) of the ‘‘horse-and-buggy-era political con- stitution of the United States, which shall be

VerDate Nov 24 2008 02:52 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A08JA6.060 S08JAPT1 rfrederick on PROD1PC67 with SENATE January 8, 2009 CONGRESSIONAL RECORD — SENATE S235 valid to all intents and purposes as part of 2008, that ‘‘[w]e strongly condemn the re- strengthen moderate Palestinians who are the Constitution when ratified by the legis- peated rocket and mortar attacks against committed to a secure and lasting peace latures of three-fourths of the several States Israel and hold Hamas responsible for break- with Israel; and within seven years after the date of its sub- ing the ceasefire and for the renewal of vio- (6) reiterates its strong support for United mission by the Congress: lence there’’; States Government efforts to promote a just ‘‘ARTICLE— Whereas, on December 27, 2008, Prime Min- resolution of the Israeli-Palestinian conflict ‘‘SECTION 1. The President and Vice Presi- ister of Israel Ehud Olmert said, ‘‘For ap- through a serious and sustained peace proc- dent shall be jointly elected by the direct proximately seven years, hundreds of thou- ess that leads to the creation of a viable and vote of the qualified electors of the several sands of Israeli citizens in the south have independent Palestinian state living in peace States and territories and the District con- been suffering from missiles being fired at alongside a secure State of Israel. them. . . . In such a situation we had no al- stituting the seat of Government of the f United States. The electors in each State, ternative but to respond. We do not rejoice territory, and the District constituting the in battle but neither will we be deterred SENATE RESOLUTION 11—TO AU- seat of Government of the United States from it. . . . The operation in the Gaza Strip THORIZE PRODUCTION OF DOCU- shall have the qualifications requisite for is designed, first and foremost, to bring MENTS TO THE DEPARTMENT OF electors of the most numerous branch of the about an improvement in the security re- DEFENSE INSPECTOR GENERAL legislative body where they reside. ality for the residents of the south of the ‘‘SECTION 2. Congress may determine the country.’’; Mr. REID (for himself and Mr. time, place, and manner of holding the elec- Whereas, on January 2, 2009, Secretary of MCCONNELL) submitted the following tion, the entitlement to inclusion on the bal- State Rice stated that ‘‘Hamas has held the resolution; which was considered and lot, and the manner in which the results of people of Gaza hostage ever since their ille- agreed to: the election shall be ascertained and de- gal coup against the forces of President S. RES. 11 clared.’’. Mahmoud Abbas, the legitimate President of the Palestinian people. Hamas has used Gaza Whereas, last Congress the Committee on f as a launching pad for rockets against Israeli Armed Services conducted a staff inquiry SUBMITTED RESOLUTIONS cities and has contributed deeply to a very into allegations regarding irregularities in bad daily life for the Palestinian people in the administration of a contract for Gaza, and to a humanitarian situation that logistical support in Iraq by the Department SENATE RESOLUTION 10—RECOG- we have all been trying to address’’; of the Army; NIZING THE RIGHT OF ISRAEL Whereas the humanitarian situation in Whereas, upon the completion of the Com- TO DEFEND ITSELF AGAINST AT- Gaza, including shortages of food, water, mittee’s staff inquiry, the Chairman and TACKS FROM GAZA AND RE- electricity, and adequate medical care, is be- Ranking Member referred to the Acting In- coming more acute; spector General of the Department of De- AFFIRMING THE UNITED Whereas Israel has facilitated humani- fense for review allegations regarding the STATES’ STRONG SUPPORT FOR tarian aid to Gaza with over 500 trucks and Administration of this LOGCAP contract; ISRAEL IN ITS BATTLE WITH numerous ambulances entering the Gaza Whereas, by the privileges of the Senate of HAMAS, AND SUPPORTING THE Strip since December 26, 2008; the United States and Rule XI of the Stand- ISRAELI-PALESTINIAN PEACE Whereas, on January 2, 2009, Secretary of ing Rules of the Senate, no evidence under PROCESS State Rice stated that it was ‘‘Hamas that the control or in the possession of the Senate rejected the Egyptian and Arab calls for an may, by the judicial or administrative proc- Mr. REID (for himself, Mr. MCCON- extension of the tahadiya that Egypt had ne- ess, be taken from such control or possession NELL, Mr. KERRY, Mr. LUGAR, Mr. DUR- gotiated’’ and that the United States was but by permission of the Senate; BIN, Mr. KYL, Mr. LEVIN, Mr. ‘‘working toward a cease-fire that would not Whereas, when it appears that evidence CHAMBLISS, Mr. LIEBERMAN, Mr. HATCH, allow a reestablishment of the status quo under the control or in the possession of the Mrs. BOXER, Mr. BOND, Mr. SCHUMER, ante where Hamas can continue to launch Senate may promote the administration of Mr. DEMINT, Mr. LAUTENBERG, Mr. rockets out of Gaza. It is obvious that that justice, the Senate will take such action as cease-fire should take place as soon as pos- THUNE, Ms. LANDRIEU, Mr. CRAPO, Mr. will promote the ends of justice consistent sible, but we need a cease-fire that is durable MENENDEZ, Mr. MARTINEZ, Ms. MIKUL- with the privileges of the Senate: Now, and sustainable’’; and therefore, be it SKI, Mr. NELSON of Florida, Mr. CASEY, Whereas the ultimate goal of the United Resolved, That the Chairman and Ranking Mr. PRYOR, Mr. DORGAN, Mr. CARPER, States is a sustainable resolution of the Member of the Armed Services Committee, Mr. BAUCAS, Mr. BAYH. Mr. JOHANNS, Israeli-Palestinian conflict that will allow acting jointly, are authorized to produce to Mrs. LINCOLN, Mr. BROWN, and Mr. for a viable and independent Palestinian the Department of Defense Inspector General CARDIN) submitted the following reso- state living side by side in peace and secu- records of the Committee’s staff inquiry into lution; which was considered and rity with the State of Israel, which will not allegations relating to the administration of agreed to: be possible as long as Israeli civilians are the Army’s LOGCAP contract. under threat from within Gaza: Now, there- S. RES. 10 fore, be it f Whereas Hamas was founded with the stat- Resolved, That the Senate— AMENDMENTS SUBMITTED AND ed goal of destroying the State of Israel; (1) expresses vigorous support and unwav- PROPOSED Whereas Hamas has been designated by the ering commitment to the welfare, security, Secretary of State as a Foreign Terrorist Or- and survival of the State of Israel as a Jew- SA 1. Mr. COBURN submitted an amend- ganization; ish and democratic state with secure bor- ment intended to be proposed by him to the Whereas Hamas has refused to comply with ders, and recognizes its right to act in self- bill S. 22, to designate certain land compo- the requirements of the Quartet (the United defense to protect its citizens against acts of nents of the National Wilderness Preserva- States, the European Union, Russia, and the terrorism; tion System, to authorize certain programs United Nations) that Hamas recognize (2) reiterates that Hamas must end the and activities in the Department of the Inte- Israel’s right to exist, renounce violence, and rocket and mortar attacks against Israel, rior and the Department of Agriculture, and agree to accept previous agreements between recognize Israel’s right to exist, renounce vi- for other purposes; which was ordered to lie Israel and the Palestinians; olence, and agree to accept previous agree- on the table. Whereas, in June 2006, Hamas crossed into ments between Israel and the Palestinians; SA 2. Mr. COBURN submitted an amend- Israel, attacked Israeli forces and kidnapped (3) encourages the President to work ac- ment intended to be proposed by him to the Corporal Gilad Shalit, whom they continue tively to support a durable, enforceable, and bill S. 22, supra; which was ordered to lie on to hold today; sustainable cease-fire in Gaza, as soon as the table. Whereas Hamas has launched thousands of possible, that prevents Hamas from retaining SA 3. Mr. COBURN submitted an amend- rockets and mortars since Israel dismantled or rebuilding the capability to launch rock- ment intended to be proposed by him to the settlements and withdrew from Gaza in 2005; ets and mortars against Israel and allows for bill S. 22, supra; which was ordered to lie on Whereas Hamas has increased the range of the long term improvement of daily living the table. its rockets, reportedly with support from conditions for the ordinary people of Gaza; SA 4. Mr. COBURN submitted an amend- Iran and others, putting additional large (4) believes strongly that the lives of inno- ment intended to be proposed by him to the numbers of Israelis in danger of rocket at- cent civilians must be protected and all ap- bill S. 22, supra; which was ordered to lie on tacks from Gaza; propriate measures should be taken to di- the table. Whereas Hamas locates elements of its ter- minish civilian casualties and that all in- SA 5. Mr. COBURN submitted an amend- rorist infrastructure in civilian population volved should continue to work to address ment intended to be proposed by him to the centers, thus using innocent civilians as humanitarian needs in Gaza; bill S. 22, supra; which was ordered to lie on human shields; (5) supports and encourages efforts to di- the table. Whereas Secretary of State Condoleezza minish the appeal and influence of extrem- SA 6. Mr. COBURN submitted an amend- Rice said in a statement on December 27, ists in the Palestinian territories and to ment intended to be proposed by him to the

VerDate Nov 24 2008 02:52 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A08JA6.064 S08JAPT1 rfrederick on PROD1PC67 with SENATE S236 CONGRESSIONAL RECORD — SENATE January 8, 2009 bill S. 22, supra; which was ordered to lie on SA 3. Mr. COBURN submitted an in the Department of the Interior and the table. amendment intended to be proposed by the Department of Agriculture, and for SA 7. Mr. COBURN submitted an amend- him to the bill S. 22, to designate cer- other purposes; which was ordered to ment intended to be proposed by him to the lie on the table; as follows: bill S. 22, supra; which was ordered to lie on tain land components of the National the table. Wilderness Preservation System, to au- At the end of title XIII, add the following: SA 8. Mr. COBURN submitted an amend- thorize certain progams and activities SEC. 13ll. EMINENT DOMAIN. ment intended to be proposed by him to the in the Department of the Interior and Notwithstanding any other provision of bill S. 22, supra; which was ordered to lie on the Department of Agriculture, and for this Act (or an amendment made by this the table. Act), no land or interest in land shall be ac- other purposes; which was ordered to quired under this Act by eminent domain. SA 9. Mr. COBURN submitted an amend- lie on the table; as follows: ment intended to be proposed by him to the bill S. 22, supra; which was ordered to lie on Strike subtitle C of title III. SA 10. Mr. COBURN submitted an the table. amendment intended to be proposed by SA 10. Mr. COBURN submitted an amend- SA 4. Mr. COBURN submitted an him to the bill S. 22, to designate cer- ment intended to be proposed by him to the amendment intended to be proposed by tain land components of the National bill S. 22, supra; which was ordered to lie on him to the bill S. 22, to designate cer- Wilderness Preservation System, to au- the table. tain land components of the National thorize certain programs and activities SA 11. Mr. COBURN submitted an amend- Wilderness Preservation System, to au- in the Department of the Interior and ment intended to be proposed by him to the bill S. 22, supra; which was ordered to lie on thorize certain progams and activities the Department of Agriculture, and for the table. in the Department of the Interior and other purposes; which was ordered to SA 12. Mr. COBURN submitted an amend- the Department of Agriculture, and for lie on the table; as follows: ment intended to be proposed by him to the other purposes; which was ordered to At the end of title XIII, add the following: bill S. 22, supra; which was ordered to lie on lie on the table; as follows: SEC. 13lll. ANNUAL REPORT RELATING TO the table. Strike part I of subtitle A of title X. LAND OWNED BY FEDERAL GOVERN- SA 13. Mr. COBURN submitted an amend- MENT. ment intended to be proposed by him to the (a) ANNUAL REPORT.— SA 5. Mr. COBURN submitted an bill S. 22, supra; which was ordered to lie on (1) IN GENERAL.—Subject to paragraph (2), the table. amendment intended to be proposed by not later than May 15, 2009, and annually him to the bill S. 22, to designate cer- f thereafter, the Director of the Office of Man- tain land components of the National agement and Budget (referred to in this sec- TEXT OF AMENDMENTS Wilderness Preservation System, to au- tion as the ‘‘Director’’) shall ensure that a thorize certain programs and activities report that contains the information de- scribed in subsection (b) is posted on a pub- SA 1. Mr. COBURN submitted an in the Department of the Interior and the Department of Agriculture, and for licly available website. amendment intended to be proposed by (2) EXTENSION RELATING TO CERTAIN SEG- other purposes; which was ordered to him to the bill S. 22, to designate cer- MENT OF REPORT.—With respect to the date tain land components of the National lie on the table; as follows: on which the first annual report is required Wilderness Preservation System, to au- Strike section 7405. to be posted under paragraph (1), if the Di- thorize certain programs and activities rector determines that an additional period in the Department of the Interior and SA 6. Mr. COBURN submitted an of time is required to gather the information the Department of Agriculture, and for amendment intended to be proposed by required under subsection (b)(3)(B), the Di- him to the bill S. 22, to designate cer- rector may— other purposes; which was ordered to (A) as of the date described in paragraph lie on the table; as follows: tain land components of the National Wilderness Preservation System, to au- (1), post each segment of information re- At the end of title XIII, add the following: quired under paragraphs (1), (2), and (3)(A) of SEC. 13ll. PROHIBITION ON USE OF FUNDS. thorize certain programs and activities subsection (b); and No funds made available under this Act (or in the Department of the Interior and (B) as of May 15, 2010, post the segment of an amendment made by this Act) shall be the Department of Agriculture, and for information required under subsection used to establish a new unit of the National other purposes; which was ordered to (b)(3)(B). Park System or National Wilderness Preser- lie on the table; as follows: (b) REQUIRED INFORMATION.—An annual re- port described in subsection (a) shall con- vation System, a new National Heritage Strike section 13006. Area, conduct a new study, or carry out any tain, for the period covered by the report— (1) a description of the total quantity of— other new initiatives authorized by this Act SA 7. Mr. COBURN submitted an until the date on which the Secretary of the (A) land located within the jurisdiction of Interior certifies that the maintenance back- amendment intended to be proposed by the United States, to be expressed in acres; log at each of the Statute of Liberty Na- him to the bill S. 22, to designate cer- (B) the land described in subparagraph (A) tional Monument, Grand Canyon National tain land components of the National that is owned by the Federal Government, to Park, Yellowstone National Park, Glacier Wilderness Preservation System, to au- be expressed— National Park, Gettysburg National Park, thorize certain programs and activities (i) in acres; and Antietam National Battlefield, the National in the Department of the Interior and (ii) as a percentage of the quantity de- Mall, Lake Mead National Recreation Area, the Department of Agriculture, and for scribed in subparagraph (A); and and USS Arizona Memorial has been elimi- other purposes; which was ordered to (C) the land described in subparagraph (B) nated. that is located in each State, to be ex- lie on the table; as follows: pressed, with respect to each State— SA 2. Mr. COBURN submitted an Strike subtitle E of Title VI. (i) in acres; and amendment intended to be proposed by (ii) as a percentage of the quantity de- him to the bill S. 22, to designate cer- SA 8. Mr. COBURN submitted an scribed in subparagraph (B); tain land components of the National amendment intended to be proposed by (2) a description of the total annual cost to Wilderness Preservation System, to au- him to the bill S. 22, to designate cer- the Federal Government for maintaining all parcels of administrative land and all admin- thorize certain progams and activities tain land components of the National Wilderness Preservation System, to au- istrative buildings or structures under the in the Department of the Interior and jurisdiction of each Federal agency; and the Department of Agriculture, and for thorize certain programs and activities (3) a list and detailed summary of— other purposes; which was ordered to in the Department of the Interior and (A) with respect to each Federal agency— lie on the table; as follows: the Department of Agriculture, and for (i) the number of unused or vacant assets; At the appropriate place, insert the fol- other purposes; which was ordered to (ii) the replacement value for each unused lowing: lie on the table; as follows: or vacant asset; SEC. ll. LAND NOT WITHDRAWN FROM MIN- Strike Section 7305. (iii) the total operating costs for each un- ERAL LEASING, MINERAL MATE- used or vacant asset; and RIALS, AND GEOTHERMAL LEASING SA 9. Mr. COBURN submitted an (iv) the length of time that each type of LAWS. amendment intended to be proposed by asset described in clause (i) has been unused Notwithstanding any other provision of or vacant, organized in categories comprised this Act, no land or interest in land shall be him to the bill S. 22, to designate cer- of periods of— withdrawn under this Act from disposition tain land components of the National (I) not more than 1 year; under the mineral leasing, mineral mate- Wilderness Preservation System, to au- (II) not less than 1, but not more than 2, rials, or geothermal leasing laws. thorize certain programs and activities years; and

VerDate Nov 24 2008 02:52 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A08JA6.072 S08JAPT1 rfrederick on PROD1PC67 with SENATE January 8, 2009 CONGRESSIONAL RECORD — SENATE S237 (III) not less than 2 years; and (2) CONTRACT OR QUOTA THINNING.—For pur- The PRESIDING OFFICER. Without (B) the estimated costs to the Federal Gov- poses of this subsection, allowing contract or objection, it is so ordered. ernment of the maintenance backlog of each quota thinning of wildlife shall not con- COMMITTEE ON ENVIRONMENT AND PUBLIC Federal agency, to be— stitute allowing unrestricted hunting. WORKS (i) organized in categories comprised of (3) FEE AS RESTRICTION.—For purposes of buildings and structures; and this subsection, a fee relating to hunting ac- Mr. LEAHY. Mr. President, I ask (ii) expressed as an aggregate cost. tivities on Federal land under the jurisdic- unanimous consent that the Com- (c) USE OF EXISTING ANNUAL REPORTS.—An tion of the Secretary concerned that is in ex- mittee on Environment and Public annual report required under subsection (a) cess of the amount needed to recover costs of Works be authorized to meet during may be comprised of any annual report relat- management of the Federal land shall be the session of the Senate on Thursday, ing to the management of Federal real prop- considered to be a restriction on hunting. January 8, 2009 at 10 a.m. in room 406 of erty that is published by a Federal agency. (e) FEES.—Fees charged relating to hunt- the Dirksen Senate Office Building to ing activities on Federal land shall be— hold a hearing entitled ‘‘Oversight SA 11. Mr. COBURN submitted an (1) retained by the Secretary concerned to Hearing on the Tennessee Valley Au- amendment intended to be proposed by offset costs directly related to management thority and the Recent Major Coal Ash him to the bill S. 22, to designate cer- of hunting on the Federal land on which Spill.’’ tain land components of the National hunting activities related to the fees are The PRESIDING OFFICER. Without Wilderness Preservation System, to au- conducted; and (2) limited to an amount that the Sec- objection, it is so ordered. thorize certain progams and activities retary concerned reasonably estimates to be in the Department of the Interior and COMMITTEE ON HEALTH, EDUCATION, LABOR, necessary to offset costs directly related to AND PENSIONS the Department of Agriculture, and for management of hunting on the Federal land Mr. LEAHY. Mr. President, I ask other purposes; which was ordered to on which hunting activities related to the unanimous consent that the Com- lie on the table; as follows: fees are conducted. (f) APPLICABILITY.—This section shall mittee on Health, Education, Labor, At the end of subtitle A of title II, add the and Pensions be authorized to meet, following: apply to all management plans developed, approved, or amended after the date of the during the session of the Senate on SEC. 204. EFFECTIVE DATE. enactment of this Act. January 8, to conduct a hearing on the This subtitle shall not take effect until the SEC. ll. HUNTING ON NEWLY ACQUIRED OR nomination of Former Senate Majority date on which the Inspector General of the DESIGNATED LAND. Department of the Interior issues a finding Leader Thomas A. Daschle, of South With respect to any land subject to State that no laws were violated by the employees Dakota, to be Secretary of Health and and local hunting laws that is acquired by of the National Landscape Conservation Sys- Human Services. The hearing will com- the United States or designated as a unit of tem in the investigation of the Inspector the National Park System, a unit of the Na- mence at 10 a.m. in room 430 of the General relating to allegations of improper tional Wilderness Preservation System, or a Dirksen Senate Office Building. coordination between employees of the Na- National Heritage Area on or after the date The PRESIDING OFFICER. Without tional Landscape Conservation System and of enactment of this Act, the head of the objection, it is so ordered. environmental advocacy organizations. agency with jurisdiction over the land shall COMMITTEE ON HOMELAND SECURITY AND submit to Congress for approval any pro- SA 12. Mr. COBURN submitted an GOVERNMENTAL AFFAIRS posed changes to the use of the land that Mr. LEAHY. Mr. President, I ask amendment intended to be proposed by would affect hunting on the land. him to the bill S. 22, to designate cer- unanimous consent that the Com- tain land components of the National SA 13. Mr. COBURN submitted an mittee on Homeland Security and Gov- Wilderness Preservation System, to au- amendment intended to be proposed by ernmental Affairs be authorized to thorize certain progams and activities him to the bill S. 22, to designate cer- meet during the session of the Senate in the Department of the Interior and tain land components of the National on Thursday, January 8, 2009, at 1:30 the Department of Agriculture, and for Wilderness Preservation System, to au- p.m. to conduct a hearing entitled other purposes; which was ordered to thorize certain programs and activities ‘‘Lessons from the Mumbai Terrorist lie on the table; as follows: in the Department of the Interior and Attacks.’’ The PRESIDING OFFICER. Without At the appropriate place, insert the fol- the Department of Agriculture, and for lowing: other purposes; which was ordered to objection, it is so ordered. COMMITTEE ON THE JUDICIARY SEC. ll. HUNTING ON FEDERAL LAND. lie on the table; as follows: (a) PURPOSE.—The purpose of this section At the end of title XIII, add the following: Mr. LEAHY. Mr. President, I ask unanimous consent that the Senate is to require that all management plans for SEC. 13lll. EFFECT ON BORDER FENCE. Federal land include hunting activities as a Nothing in this Act (or an amendment Committee on the Judiciary be author- land use to the extent that the hunting ac- made by this Act)— ized to meet during the session of the tivities are not incompatible with the pur- (1) prevents, delays, or obstructs the plan- Senate to conduct a hearing entitled poses for which the Federal land is managed. ning, construction, operation, or mainte- ‘‘Helping State and Local Law Enforce- (b) DEFINITIONS.—In this section: nance of a border fence running parallel to ment During an Economic Downturn’’ (1) HUNTING.—The term ‘‘hunting’’ includes the international border between the United hunting, trapping, netting, and fishing. on Thursday, January 8, 2009, at 10 States and Mexico; a.m., in room SD–226 of the Dirksen (2) MANAGEMENT PLAN.—The term ‘‘man- (2) affects the operations or duties of the agement plan’’ includes a management plan, Senate Office Building. Secretary of Homeland Security (including The PRESIDING OFFICER. Without management contract, or other comprehen- Border Patrol agents) or State or local law sive plan for the management or use of Fed- enforcement agencies on any land subject to objection, it is so ordered. eral land. this Act (or an amendment made by this f (3) SECRETARY CONCERNED.—The term ‘‘Sec- Act); or PRIVILEGES OF THE FLOOR retary concerned’’ means the Secretary with (3) affects security operations along the jurisdiction over the applicable Federal land. international border between the United Mr. WHITEHOUSE. Mr. President, I (c) HUNTING ALLOWED UNLESS INCOMPAT- States and Canada. ask unanimous consent that the fol- IBLE.—In developing or considering approval of a management plan (or any amendment to f lowing staff members from Senator SHAHEEN’s office be granted floor privi- a management plan) for Federal land, the AUTHORITY FOR COMMITTEES TO leges for today’s session of the Senate: Secretary concerned shall ensure that hunt- MEET ing activities are allowed as a use of the Fed- Maura Keefe, Judy Reardon, and Mi- eral land to the extent that the hunting ac- COMMITTEE ON ENERGY AND NATURAL chael Yudin. tivities are not incompatible with the pur- RESOURCES The PRESIDING OFFICER. Without poses for which the Federal land is managed. Mr. LEAHY. Mr. President, I ask objection, it is so ordered. (d) PUBLICATION OF REASONS FOR NOT AL- unanimous consent that the Com- f LOWING HUNTING.— mittee on Energy and Natural Re- (1) IN GENERAL.—If hunting activities are sources be authorized to meet during AUTHORIZING PRODUCTION OF not allowed or are restricted on Federal DOCUMENTS land, the Secretary concerned shall include the session of the Senate to conduct a in the management plan for the Federal land hearing on Thursday, January 8, 2009, Mr. REID. Mr. President, I ask unan- the specific reason that hunting activities at 9:30 a.m., in room SD–366 of the imous consent that the Senate proceed are not allowed or are restricted. Dirksen Senate Office Building. to the consideration of S. Res. 11.

VerDate Nov 24 2008 02:52 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A08JA6.077 S08JAPT1 rfrederick on PROD1PC67 with SENATE S238 CONGRESSIONAL RECORD — SENATE January 8, 2009 The PRESIDING OFFICER. The fense for review allegations regarding the completes its business today, it stand clerk will report the resolution by Administration of this LOGCAP contract; adjourned until 10 a.m. Friday, Janu- title. Whereas, by the privileges of the Senate of ary 9; that following the prayer and the United States and Rule XI of the Stand- The legislative clerk read as follows: ing Rules of the Senate, no evidence under pledge, the Journal of proceedings be A resolution (S. Res. 11) to authorize pro- the control or in the possession of the Senate approved to date, the morning hour be duction of documents to the Department of may, by the judicial or administrative proc- deemed expired, the time for the two Defense Inspector General. ess, be taken from such control or possession leaders be reserved for their use later There being no objection, the Senate but by permission of the Senate; in the day, and there then be a period proceeded to consider the resolution. Whereas, when it appears that evidence of morning business, with Senators under the control or in the possession of the Mr. REID. Mr. President, last Con- permitted to speak for up to 10 minutes gress, the staff of the Committee on Senate may promote the administration of justice, the Senate will take such action as each. Armed Services conducted an inquiry will promote the ends of justice consistent The PRESIDING OFFICER. Without into allegations regarding irregular- with the privileges of the Senate: Now, objection, it is so ordered. ities in the administration by the De- therefore, be it partment of the Army of a Logistics Resolved, That the Chairman and Ranking f Civil Augmentation Program, Member of the Armed Services Committee, LOGCAP, contract for logistical sup- acting jointly, are authorized to produce to the Department of Defense Inspector General PROGRAM port in Iraq. At the conclusion of that records of the Committee’s staff inquiry into Mr. REID. Mr. President, all Sen- staff inquiry, the chairman and rank- allegations relating to the administration of ing member of the committee referred ators are notified that at 2:45 p.m. on the Army’s LOGCAP contract. Sunday, the Democratic caucus will allegations regarding administration of f the LOGCAP contract to the Depart- meet in the LBJ Room for a continu- ment of Defense acting Inspector Gen- MEASURES READ THE FIRST ation of the caucus we held today to eral for review. TIME—S. 181 AND S. 182 deal with the economic recovery plan The chairman and ranking member Mr. REID. Mr. President, I am told of President-elect Barack Obama. At 2 would like to share with the inspector there are two bills at the desk. I, there- p.m. on Sunday, there is a scheduled general records of the committee staff fore, ask for their first reading en bloc. vote, and it will be necessary that all inquiry to assist in the conduct of the The PRESIDING OFFICER. The Senators be in attendance at that vote. inspector general’s review. This resolu- clerk will report the bills by title for tion would accordingly authorize the the first time. f chairman and ranking member, acting The legislative clerk read as follows: jointly, to release committee records A bill (S. 181) to amend title VII of the ADJOURNMENT UNTIL 10 A.M. relating to this matter to the Defense Civil Rights Act of 1964 and the Age Dis- TOMORROW Department Inspector General. crimination in Employment Act of 1967, and Mr. REID. If there is no further busi- to modify the operation of the Americans Mr. President, I ask unanimous con- with Disabilities Act of 1990 and the Reha- ness to come before the Senate, I ask sent that the resolution be agreed to, bilitation Act of 1973, to clarify that a dis- unanimous consent that the Senate the preamble be agreed to, the motions criminatory compensation decision or other stand adjourned under the previous to reconsider be laid upon the table, practice that is unlawful under such Acts oc- order. with no intervening action or debate, curs each time compensation is paid pursu- There being no objection, the Senate, and that any statements relating to ant to the discriminatory compensation de- at 6:31 p.m., adjourned until Friday, the resolution be printed in the cision or other practice, and for other pur- January 9, 2009, at 10 a.m. poses. RECORD. A bill (S. 182) to amend the Fair Labor The PRESIDING OFFICER. Without Standards Act of 1938 to provide more effec- f objection, it is so ordered. tive remedies to victims of discrimination in The resolution (S. Res. 11) was agreed the payment of wages on the basis of sex, and NOMINATIONS to. for other purposes. The preamble was agreed to. Executive nominations received by Mr. REID. I now ask for their second the Senate: The resolution, with its preamble, reading en bloc but object to my own THE JUDICIARY reads as follows: request en bloc. S. RES. 11 The PRESIDING OFFICER. Objec- STUART GORDON NASH, OF THE DISTRICT OF COLUM- BIA, TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR Whereas, last Congress the Committee on tion is heard. The bills will be read a COURT OF THE DISTRICT OF COLUMBIA FOR THE TERM Armed Services conducted a staff inquiry second time on the next legislative OF FIFTEEN YEARS, VICE RUFUS GUNN KING, III, RE- TIRED. into allegations regarding irregularities in day. the administration of a contract for IN THE MARINE CORPS f logistical support in Iraq by the Department THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT of the Army; ORDERS FOR FRIDAY, JANUARY 9, IN THE UNITED STATES MARINE CORPS RESERVE TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: Whereas, upon the completion of the Com- 2009 mittee’s staff inquiry, the Chairman and To be major general Mr. REID. Mr. President, I ask unan- Ranking Member referred to the Acting In- BRIG. GEN. JOHN M. CROLEY spector General of the Department of De- imous consent that when the Senate BRIG. GEN. TRACY L. GARRETT

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IN HONOR OF SGT JOHN SAVAGE, and friends who will recognized her birthday However, I do not think that this legislation USA with a party in November of last year. goes far enough as it does not limit donations Born during President Theodore Roosevelt’s in any way, it only discloses them. HON. KAY GRANGER second term in office, Mrs. Kidd has been While the majority of people who contribute OF TEXAS blessed to see 17 Presidents in her lifetime. to Presidential libraries do so for the right rea- The eleventh and youngest child of William son, there are some who do not, including IN THE HOUSE OF REPRESENTATIVES and Lucy Brown, Mrs. Kidd learned the impor- those who do not share our national interests. Thursday, January 8, 2009 tance of hard work and faith in God at an In fact, while donations to Presidential elec- Ms. GRANGER. Madam Speaker, I rise early age. Baptized at the Mount Zion Baptist tion campaigns are limited in amount, and re- today to honor the courage of a brave and by the Reverend Henry Gresham, she served stricted altogether from foreign governments, dedicated hero of the State of Texas and of under the leadership of the Reverend W.M. amazingly, foreign individuals and foreign cor- our Nation. Combs until to she moved to her current home porations can donate to Presidential libraries Sergeant John J. Savage was a soldier in in Atlanta Ga. However, her faith is her Lord even when the President is still in office. the United States Army and a true American and her dedication to the church never left her In November I wrote to President Bush urg- hero. John gave his life in the service of his and she instilled the traditions of faith and her ing him not to accept any money from the Chi- country on December 4, 2008, when an explo- work in her own family. She married the late nese government to help fund his Presidential sives-laden SUV broadsided Sergeant Sav- Willie Kidd, III on November 30, 1940, and to- library. age’s armored vehicle in Mosul, Iraq. gether they raised their two children, John and I did not want his library to be tainted by Assigned to 2nd 103rd Engineer Company, Rosalyn. She is also the proud grandmother to contributions from a government with such a 94th Engineer Battalion, Sergeant Savage did four and the great-grandmother to three and deplorable human rights record. I am similarly his part during a time of war, an action that serves as the matriarch of her loving family. concerned by the $41 million that former speaks volumes far greater than words about Mrs. Kidd’s family describes her as a loving President Clinton’s foundation has collected his character and patriotism. and selfless member of her community, offer- from foreign nations including the likes of A native of Weatherford, Texas, John had ing her time and whatever she has to those in Saudi Arabia, which is widely known to pro- aspirations for a life in the military from a need. She is also an avid quilter and partici- mote the radical Wahhabi interpretation of young age. As stated by his mother, ‘‘He pates in family gathers and activities outside Islam within its own borders and in schools loved the military. It was a lifelong dream of of Georgia. Her most favorite moments, how- and madrassas around the world. his.’’ ever, are the ones on a quiet afternoon stitch- Transparency in government builds account- John had been on active duty in the United ing in her favorite chair. ability. And accountability is good for our de- States Army for 6 years. He spent 3 years sta- Madam Speaker, I am so honored to serve mocracy. It is long overdue for the American tioned in Germany prior to his first deployment Mrs. Kidds representative. Her life is a living public to know who is contributing to these li- to Iraq in 2005 and was then deployed for a history of the times and events that have braries, and how much, especially when it in- second tour in September of 2007. shaped our great land and is a monument to volves sitting Presidents. This legislation will Sergeant Savage’s three-year-old daughter, how far we’ve come as a Nation. Moreover, help—but we must do more. Nicole, will continue to learn of her father her life serves as a testament to individuals f through family and friends. John’s father, a re- and families everywhere that a strong unbind- tired Master Sergeant from the United States ing faith in the Lord, coupled with hard work INTRODUCTION OF H.R. 293, THE Army, commented on his son by stating, ‘‘His and a dedication to family will carry you far in HOMELESS WOMEN VETERAN family was his number one priority.’’ life. As the Proverb states, ‘‘favour is deceitful, AND HOMELESS VETERANS WITH Our thoughts and prayers are with Sergeant and beauty is vain: but a woman that feareth CHILDREN REINTEGRATION Savage’s daughter, parents, siblings, and all the LORD, she shall be praised’’. Mrs. Maggie GRANT PROGRAM ACT OF 2009 of his family and friends. His community and Katie Brown Kidd truly embodies the example Nation honor his memory, and we are grateful of a virtuous woman and I ask my colleagues HON. STEVE BUYER for his faithful and distinguished service to to join me in recognizing her life by wishing OF INDIANA America. her a very happy 104th birthday. IN THE HOUSE OF REPRESENTATIVES Sergeant Savage will not be forgotten. His f Thursday, January 8, 2009 memory lives on through his family and the legacy of selfless service that he so bravely PRESIDENTIAL LIBRARY Mr. BUYER. Madam Speaker, today I am imprinted on our hearts. DONATION REFORM ACT OF 2009 introducing the Homeless Women Veteran and f Homeless Veterans with Children Reintegra- SPEECH OF tion Grant Program Act of 2009. Madam CELEBRATION OF MRS. MAGGIE HON. FRANK R. WOLF Speaker, veterans of all conflicts often face KATIE BROWN KIDD’S 104TH OF VIRGINIA challenges that are unique to their military BIRTHDAY IN THE HOUSE OF REPRESENTATIVES service and that too often result in their be- coming homeless. HON. DAVID SCOTT Wednesday, January 7, 2009 For veterans, especially women veterans OF GEORGIA Mr. WOLF. Madam Speaker, I rise today in and veterans with dependent children, those IN THE HOUSE OF REPRESENTATIVES support of the Presidential Library Donation challenges can become nearly insurmountable Reform Act. when combined with a lack of appropriate Thursday, January 8, 2009 I have long been troubled by the fact that housing. This legislation seeks to provide ap- Mr. SCOTT of Georgia. Madam Speaker, as fund-raising for Presidential libraries is com- propriate housing for women veterans and the Proverb states, ‘‘Who can find a virtuous pletely unregulated and therefore ripe for cor- family-style housing for any homeless veteran woman? For her price is far above rubies.’’ I ruption. with dependent children. Specifically, this bill rise today to recognize a truly virtuous woman By making information about donations pub- creates a new grant for providers that offer whose life is not only far above rubies, but licly accessible—including the amount, date of family-style housing for homeless veterans one of great milestones and accomplishments the contribution and the name of the contrib- with dependent children. that is worthy of celebration. On December 8, utor—through a free, searchable, database The bill also requires recipients to provide 2008, Mrs. Maggie Katie Brown Kidd will turn managed by National Archives, we take an im- employment counseling, placement assist- 104 years old and I am honored to serve as portant first step toward the accountability due ance, literacy, job skill training, and child care a spokesman for Mrs. Kidd’s family members these national landmarks. services as well as the unique services that

∑ 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 01:58 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K08JA8.001 E08JAPT1 wwoods2 on PRODPC68 with REMARKS E42 CONGRESSIONAL RECORD — Extensions of Remarks January 8, 2009 are needed for homeless veteran families and learning to appreciate his surroundings and porations—on behalf of Texas consumers. He women veterans. The Department of Labor’s his community. Through his love of nature, Mr. was one of the greatest attorney generals in Veteran Employment and Training Service Radanovich began photographing areas of the State’s history. would administer the program within their suc- Mariposa and Yosemite Valley. Because of his After his political career Jim Mattox became cessful Homeless Veteran Reintegration Pro- talented eye for beauty today many of his pho- known as the ‘‘People’s Lawyer’’ and built a gram (HVRP). tographs can be found in numerous books and truly modern law practice. He and his staff The bill also requires that the current bien- museums. Although his photography has handled more than 2 million cases, won judg- nial reports to Congress include data that spread his name around the world, it is his ments totaling more than $2.5 billion for the shows results and outcomes of the services community activities that have made him a State, and opened up the diversity of the of- provided to the homeless women veterans leader in Mariposa. fice by hiring more women and minority law- and homeless veterans with dependent chil- Mr. Radanovich is a local business owner. yers than the top 10 Texas law firms of that dren. The bill authorizes appropriations of Though retired from the pharmacy business, era combined. $10,000,000 for each fiscal year for the pro- he currently operates a photography business. Madam Speaker, Jim Mattox is survived by gram. He has served his community as a volunteer his wife Marta and their two children, Jim and If this bill is enacted, it would provide valu- firefighter, past president of the Lions Club, Janet, as well as his sister, Janice, and broth- able services to this vulnerable population of and past president of the Mariposa County er, Jerry, both of Dallas. I ask my colleagues veterans and help stem the tide of chronic Water Agency. He served as president of the to join with me in honoring the memory of Jim homelessness. I urge my colleagues to sup- Mariposa Chamber of Commerce and assisted Mattox. Although he has departed from us in port and co-sponsor the measure. in establishing multiple tourism and economic body, his memory will live on in each of us. f development programs. From 1985 through f 1988, Mr. Radanovich was elected as the su- HONORING DAVID ‘‘NICK’’ LYNCH pervisor of District 4 in Mariposa County. Dur- HORSE TRANSPORTATION SAFETY ing his role as supervisor he served as the ACT OF 2009 HON. STENY H. HOYER chairman of the board in 1987 and the presi- OF MARYLAND dent of the San Joaquin Valley Supervisors HON. MARK STEVEN KIRK IN THE HOUSE OF REPRESENTATIVES Association in 1988. In 1987 he was instru- OF ILLINOIS Thursday, January 8, 2009 mental in obtaining the designation of the Kern IN THE HOUSE OF REPRESENTATIVES and Merced Rivers as ‘‘National Wild and Sce- Thursday, January 8, 2009 Mr. HOYER. Madam Speaker, I rise to nic River’’ by the Federal Government. From honor the memory of Suitland High School 1996 until 2003 he was a member of the Mr. KIRK. Madam Speaker, today Rep- head football coach David ‘‘Nick’’ Lynch, who Mariposa Planning Commission and assisted resentative STEVE COHEN and I introduced the was killed in a car accident last week, at the in developing the comprehensive update of Horse Transportation Safety Act of 2009. age of 43. Nick Lynch was one of the most re- the General Plan. Mr. Radanovich is a mem- In Wadsworth, IL, on Saturday, October 27, spected football coaches in Maryland, leading ber of the Historical Sites and Records Preser- 2007, a double decker cattle truck carrying 59 the Suitland High team for 12 years and taking vation Commission, the Cemetery Advisory Belgian draft horses overturned when the driv- it to two state championships. Committee, and was influential in the restora- er ran a red light and hit another vehicle. More than his coaching success, though, tion of the Mariposa County Courthouse. Residents at the scene could hear the ani- Coach Lynch was set apart by his devotion to Since 2006, he has served as the director of mals kicking and screaming, panicked by their his players and outsized role in the Prince the Yosemite/Mariposa County Tourism Bu- inability to escape. Eight horses died on the George’s County community. As Suitland Prin- reau. Mr. Radanovich has been involved with scene while another ten had to be euthanized. cipal Mark Fossett said, ‘‘He’s had an impact nearly every significant project in Mariposa After the crash, Wayne Pacelle, president and on so many people’s lives—not only football County since the 1960s. CEO of The Humane Society of the United players, but students in general. It wasn’t like Madam Speaker, I rise today to honor the States said, ‘‘What a gory mess we saw Nick was just the head coach of football. This accomplishments of Leroy Radanovich. Al- recently in Illinois. It must never happen is a devastating loss to our community, to our though he is going to move away from the again . . .’’ family.’’ Many of his current and former play- public role, I am certain that his influences will It is time that we heed these words by put- ers echoed that thought, speaking of Coach still be noticed. I invite my colleagues to join ting an end to using double decker trucks to Lynch’s commitment to shaping the lives of his me in honoring his accomplishments and transport horses. This legislation, endorsed by players off the field, inviting them to church wishing him the best in future endeavors. the Humane Society, Animal Welfare Institute, and meals, and acting as the caring authority f Hooved Animal Rescue and Protection Soci- figure that many of them had lacked. Keith ety, and the Communication Alliance to Net- Brown, one of Suitland’s players, put it simply HONORING JAMES ALBON MATTOX work Thoroughbred Ex-Racehorses would after Coach Lynch’s memorial service: ‘‘That’s take steps toward preventing this disaster from my father.’’ HON. EDDIE BERNICE JOHNSON occurring again. At a service in which some mourners OF TEXAS This bill prohibits the interstate transport of squeezed into stairways or sat in aisles, nearly IN THE HOUSE OF REPRESENTATIVES horses in a motor vehicle containing two or 3,000 members of the Prince George’s com- more levels stacked on top of one another as Thursday, January 8, 2009 munity gathered to honor Nick Lynch’s impact well as creates civil penalties between $100 on the lives of so many young men. Though Ms. EDDIE BERNICE JOHNSON of Texas. and $500 for each horse involved. Coach Lynch is gone, his influence will no Madam Speaker, I rise today to recognize and In my own State of Illinois, the State Gen- doubt endure in all the lives he touched. pay tribute to the late James Mattox. eral Assembly has already moved forward and f Jim Mattox was a lifelong Dallasite. A grad- passed similar legislation. I urge my col- uate of Woodrow Wilson High School, he also leagues to become a cosponsor of this bipar- HONORING LEROY RADANOVICH worked his way through the Baylor School of tisan commonsense legislation. Business and earned a law degree from SMU. f HON. GEORGE RADANOVICH He served as an assistant district attorney in STEVE AND SHARON RUSNAK TO OF CALIFORNIA Dallas County before beginning his long polit- RETIRE: 70 YEARS OF COMBINED IN THE HOUSE OF REPRESENTATIVES ical career in 1973 when he took office as a State representative from East Dallas. From SERVICE Thursday, January 8, 2009 there he was elected to Congress for three Mr. RADANOVICH. Madam Speaker, I rise terms and ended his political service in 1991 HON. STENY H. HOYER today to honor the accomplishments of Leroy when he stepped down from his post as OF MARYLAND Radanovich. Mr. Radanovich was recognized Texas attorney general. IN THE HOUSE OF REPRESENTATIVES by the Mariposa County Board of Supervisors Jim Mattox will be remembered as a man on December 9, 2008. who fought for average, working Texans, and Thursday, January 8, 2009 Leroy Radanovich was born and raised in who left an unforgettable mark on Texas gov- Mr. HOYER. Madam Speaker, I take this Mariposa County, CA. As a child, Yosemite ernment in politics. He took on airlines and the opportunity to acknowledge the support staff National Park was his playground. He grew up insurance industry—among many other cor- that keeps the House up and running year-

VerDate Nov 24 2008 01:58 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JA8.002 E08JAPT1 wwoods2 on PRODPC68 with REMARKS January 8, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E43 round and regardless of which party is in a happy and productive life away from the CONGRATULATING RIVERHEAD power. Specifically, I would like to pay tribute halls of Congress. They married in 1973 and BLUE WAVES FOOTBALL TEAM to Steve and Sharon Rusnak, a truly unique raised two daughters, Shelley Brooke and couple who will both be retired within the next Stacey LeeAnn, and took an active hand in HON. TIMOTHY H. BISHOP few months after serving ‘‘behind the scenes’’ helping nurture their children’s educational and OF NEW YORK in the House of Representatives for a truly re- athletic abilities. Steve served as a youth bas- IN THE HOUSE OF REPRESENTATIVES markable combined service of 70 years. ketball coach, youth soccer coach, and little Most of our colleagues, along with countless league coach. A soccer player in her own Thursday, January 8, 2009 numbers of our constituents, have been on the right, Sharon also coached youth soccer, Mr. BISHOP of New York. Madam Speaker, other side of Steve’s camera lens and have worked as a referee, and has experience as a today I rise to recognize the exceptional benefited from the skill, talent, and quiet dig- liturgical dancer. achievements of the Riverhead Blue Waves nity that he has brought to his work in the Of- Steve and Sharon’s commitment to their Football Team: 2008 Long Island Class II fice of Photography for the past 32 years. children is clear. Shelley graduated from Champions and the first Long Island squad in Steve joined the staff of the House in January Christopher Newport University and Stacey history to compile a record of 12–0. The Blue of 1977 and has been witness to and chron- took her first degree from Virginia Tech, sub- Waves also earned the overall championship icled the tremendous changes that have oc- sequently earning a nursing degree from for Suffolk County and the Rutgers Award as curred within the Congress and the Nation for Marymount University in Arlington, VA. the county’s consensus best team. more than three decades. As always, Riverhead’s success was built After attending Ohio State University, Steve There is an expression that ‘‘slow and on strong teamwork, solid coaching, and the began his career as a lab technician and just steady wins the race.’’ For more than three contributions of talented individuals. Anchoring retired from the House as senior photog- decades the House of Representatives has a potent offense that averaged 35 points per rapher, having also served as acting manager benefited from the tireless service of these for the Office of Photography last year. very capable civil servants. You won’t see game, senior running back Miguel Maysonet Through his skill, hard work, and long hours their names on the election ballot every 2 was voted the top offensive player in Suffolk Steve has made an important contribution to years, but the work of this body would be im- County by opposing coaches. The same group the archives of the House, providing a visual possible without individuals such as Steve and recognized one of their own, Riverhead Coach recorded history and account of the House’s Sharon Rusnak. Their dedication to their jobs, Leif Shay, as coach of the year. work for these many years. their country and their family are an inspiration Madam Speaker, the success of In addition to being on hand to photograph to us all and I would like to thank and com- Riverhead’s football team has brought great the annual State of the Union Address and mend them for their selfless service to this pride to their school and the community. I am other official events inside and outside of the body. And I hasten to wish them a long, pleased to join all residents of Riverhead in House chamber, Steve has traveled the four happy, and healthy retirement. They have cer- congratulating the Blue Waves on their ac- corners of the world to record on film the work tainly earned it. complishments, and wish the departing sen- of Members of the House. And for so many iors the best of luck in their future endeavors. years he has rushed from office to office and f f to the steps of the House chamber, in all kinds IN MEMORY OF PAUL WEYRICH of weather, to photograph the visits made by VIOLENCE IN ISRAEL AND GAZA our constituents and other groups to Wash- ington. HON. JOE WILSON In addition to the professionalism and ability HON. HARRY E. MITCHELL OF SOUTH CAROLINA he brings to his job as an official House pho- OF ARIZONA IN THE HOUSE OF REPRESENTATIVES tographer, his kind manner and ready smile IN THE HOUSE OF REPRESENTATIVES Thursday, January 8, 2009 have put many people at ease and given them a visual reminder of their visit to Capitol Hill Thursday, January 8, 2009 Mr. WILSON of South Carolina. Madam Speaker, on December 18, Paul Weyrich, one which for many is a once in a lifetime oppor- Mr. MITCHELL. Madam Speaker, I rise of the founders of the modern conservative tunity. There is no telling how many people today to address an issue that is very much movement, died. He successfully worked to Steve has photographed and touched in such on the minds of my constituents right now— evolve conservatism from a status of nega- a unique way. Steve worked long hours and the violence in Israel and Gaza. missed many lunches to do his job and to do tivism to a dynamic movement promoting cre- This is a difficult time for Israel, and as its it so well, and he was supported throughout ative and meaningful reforms. I personally saw ally, I believe we must support its right to self- the process by a woman who is no stranger his success firsthand with the American Legis- to the long hours and unique workplace that defense. lative Exchange Council developing State leg- exists here in the ‘‘people’s House.’’ Before I joined Congress, I had the privilege islative reforms. And with Dr. Robert Krieble, I Sharon Rusnak began her service in the of visiting Israel. It was a trip that I will never served on the delegation in August 1991 of House in 1967, as a summer intern to the late forget. I have always considered myself a the Krieble Institute to Sofia, Bulgaria, where Congressman Carl D. Perkins, D–KY. After friend of Israel, but that trip made me realize Paul Weyrich gave presentations to the newly graduating from Berea College, she worked in just how much our two nations have in com- elected democrats of the National Assembly his official office and went on to serve as ex- mon. who helped Bulgaria emerge from the dark- ecutive assistant for him, and after his death, We all want peace, Madam Speaker, but ness of totalitarian Communism. Bulgaria for his son Carl C. Perkins until 1993. In addi- clearly there can be no peace while Hamas today is a model free market democracy as a tion to maintaining a very full Hill schedule, continues to launch unprovoked rocket attacks valued member of NATO and the European Sharon earned a master’s degree in education into Israel. Union. His service to our nation will always be from George Washington University. We would not let Hamas launch rockets into appreciated. After serving as office manager to former the United States, and I do not know how we John Gizzi, columnist for Human Events Representative Lynn Schenk, D–CA, Sharon could expect Israel to permit these attacks ei- professionally penned the following thoughtful joined the staff of former Congressman E ther. tribute to Mr. Weyrich on the day of his pass- ‘‘Kika’’ de la Garza, D–TX, and served as I am deeply saddened by the casualties the ing. scheduler for the House Committee on Agri- [From Human Events, Dec. 18, 2008] culture until Kika’s retirement in 1996. For the recent conflict has inflicted, especially the civil- PAUL WEYRICH: RIP next 8 years, she served as office manager for ian casualties. Each one of these is a tragedy, the committee’s ranking minority member, and I sincerely hope that both sides will do ev- (By John Gizzi) former Congressman Charlie Stenholm, D–TX. erything possible to avoid them. Paul Weyrich—‘‘The midwife of the New Sharon is currently serving as chief adminis- I am encouraged by Israel’s decision to tem- Right’’. . . ‘‘Pope Paul’’. . . ‘‘The Man Who porarily pause its military operations to allow Taught Conservatives to Network’’—passed trative officer for the Agriculture Committee away this morning after a long illness. chaired by Congressman Collin C. Peterson, delivery of humanitarian aid, and by Hamas’s Weyrich was called a lot of things—and D–MN, and will remain in that position for the decision to cease rocket launches during some of them that originated on the left are next few months. these deliveries. While only three hours, this is unprintable—but one thing admirers and en- Despite the long hours and hectic sched- an important step forward. I hope that a longer emies of Paul Weyrich found inarguable: ules, Steve and Sharon Rusnak have enjoyed lasting peace can be achieved soon. that in 66 years of life, the man who

VerDate Nov 24 2008 01:58 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A08JA8.007 E08JAPT1 wwoods2 on PRODPC68 with REMARKS E44 CONGRESSIONAL RECORD — Extensions of Remarks January 8, 2009 launched the Heritage Foundation and Free Hotel to pay tribute to the activist, who had ify for a specially adapted auto grant, under Congress Foundation and played a key role been in failing health from a spinal injury in section 3902(a) of title 38, United States in mobilizing cultural conservatives into po- ’01. In thanking his friends, Weyrich recalled Code, the additional amount necessary to pur- litical battle was someone who left postwar how, in spite of his health problems, life had chase alternative fuel vehicles. conservatism and the world a different place been good to him: an only child, he had had Finally, VA would be authorized to conduct than it was before he came on the political a strong marriage to wife Joyce that pro- scene. In short, he was a man of con- duced five children; interested in the U.S. a pilot program for the sale of air pollution sequence. Senate all his life, he got to work there; a emission reduction incentives, also known as Born in Racine, Wisconsin, Weyrich had a lover of trains, he served on the national emission reduction credits, and VA would be passion for politics almost since childhood. board of Amtrak and the Amtrak Reform authorized to retain proceeds from the sales. Active in Young Republicans at the Univer- Council; a lifelong conservative, he played a America’s veterans should benefit from the sity of Wisconsin (Madison), the young major role in shaping its modern form. VA’s efforts to produce cleaner energy. Weyrich quit college to become a political And, even when we disagreed or he took Madam Speaker, as the cost of fossil fuels reporter for the Milwaukee Sentinel and issue with Human Events, Weyrich was a rises and resources become scarcer, our na- later became a television reporter in Keno- faithful reader who would frequently cite tion must provide services for our veterans in sha, Wisconsin and then in Denver, Colorado. columns in our publication. I already miss In 1967, Weyrich came to Washington as Paul Weyrich very much. We all will in the an energy efficient manner. A sustainable en- press secretary to conservative Sen. Gordon future. ergy program at VA will conserve energy and Allot (R.–Col.). At one point, Weyrich later financial resources that can be used to pro- f recalled to me, he had received an invitation vide care for our veterans. I encourage my by mistake to a luncheon of liberal staffers INTRODUCTION OF THE DEPART- colleagues to support the bipartisan Depart- on Capitol Hill Weyrich attended anyway MENT OF VETERANS AFFAIRS ment of Veterans Affairs Energy Sustainability and, in his words, ‘‘I saw all the liberal ENERGY SUSTAINABILITY ACT Act of 2009. groups and staffers going through issues, giv- ing assignments to people, and agreeing to OF 2009 f meet again. Conservatives needed to be INTRODUCTION OF RESOLUTION doing the same thing and I decided to do HON. STEVE BUYER HONORING ‘‘GO FOR BROKE’’ something about it.’’ OF INDIANA Beginning with staffers from conservative REGIMENTS WITH CONGRES- House and Senate offices, and later with IN THE HOUSE OF REPRESENTATIVES SIONAL GOLD MEDAL leaders of national right-of-center groups, Thursday, January 8, 2009 Weyrich began regular lunches and meetings Mr. BUYER. Madam Speaker, today, my HON. ADAM B. SCHIFF that are today a staple of the modern con- OF CALIFORNIA servative movement. With the financial sup- distinguished colleague Mr. MICHAUD and I, IN THE HOUSE OF REPRESENTATIVES port of Colorado beer baron Joseph Coors, along with several of our other colleagues, are Weyrich and fellow Hill staffer Ed Feulner introducing the bipartisan Department of Vet- Thursday, January 8, 2009 launched the Heritage Foundation in 1973. A erans Affairs, VA, Energy Sustainability Act of Mr. SCHIFF. Madam Speaker, I rise today counterforce to the liberal Brookings Insti- 2009. This legislation would establish strategic to introduce legislation recognizing the Japa- tute, Heritage would grow into one of the and long-term plans for energy sustainability most respected ‘‘think tanks’’ and provide nese-American 100th Infantry Battalion and and conservation within the VA. 442nd Regimental Combat Team, commonly the intellectual firepower in the Reagan Ad- Addressing our Nation’s energy problem ministration in 1980 and to Congress after known as the ‘‘Go For Broke’’ regiments, for Republicans won control of both Houses in calls for Congress to adopt a multi-faceted ap- their dedicated service to our Nation during 1994. proach to include the use of alternative fuels, World War II. In the 1970s, Weyrich helped launch the restructuring building systems, and encour- These brave men served with pride, cour- Committee for the Survival of a Free Con- aging the use of energy efficient systems and age and conviction, waging a war on two gress (which later became the Free Congress vehicles. Our bill would require a report on the fronts—abroad against a forceful and oppres- Foundation) and the Moral Majority. Both installation of alternative fuel stations at VA fa- sive fascism, and at home against the intoler- groups were pivotal in mobilizing religious cilities, as funded in P.L. 110–329, and require conservatives into political activity for can- ance of racial injustice. After the bombing of didates and, in 1978, played critical roles in a feasibility study regarding the installation of Pearl Harbor incited doubts about the loyalty the elections of such conservative titans as energy efficient and renewable energy sys- of Japanese-Americans, these brave men who Sens. Bill Armstrong (R.–Col.) and Gordon tems in Department buildings. Such systems enlisted to fight to protect our Nation were Humphrey (R.–NH) and Reps. Newt Gingrich include solar technologies, energy efficient faced with segregated training conditions, fam- (R.–GA) and Dan Lungren (R.–CA). roof and building envelope systems, wind ilies and friends relocated to internment Quoting Napoleon’s celebrated question technology, and wood-based bio-fuels. camps, and repeated questions about their ‘‘How many legions does the Pope have?’’ As our country adapts to the increased glob- Weyrich once told me, ‘‘Believing Christians combat abilities. At a time when they could now have many legions—and they’re vot- al demand for energy resources, it is impera- have easily turned their backs on a country ing.’’ (Raised a Roman Catholic, Weyrich tive that we effectively implement wise con- which had seemingly turned its back on them, himself became angry when a priest at- sumption policies and take real steps to miti- these men chose the nobler, bolder, and more tacked something his then-boss Allott was gate the impact of increased costs. This bill difficult route. supporting in the Senate; he thereupon would create a VA Office of Energy Manage- The ‘‘Go For Broke’’ regiments went on to joined the Eastern Rite Orthodox Church and ment, and an Energy Advisory Committee earn several awards for their distinctive serv- later became a deacon.) consisting of VA officials and private sector ice in combat, including: 7 Presidential Unit Ci- Weyrich attempted to bring change and experts on energy management. The Office of fresh activity to every aspect of politics. As tations, 21 Medals of Honor, 29 Distinguished more and more countries became democratic Energy Management, with the advice and rec- Service Crosses, 560 Silver Stars, 4,000 and elected their leaders, Weyrich became ommendations of the Energy Advisory Com- Bronze Stars, 22 Legion of Merit Medals, 15 president of the Krieble Institute from 1989– mittee and national laboratories such as those Soldier’s Medals, and over 4,000 Purple 96 and trained political activists in Eastern at Lawrence Livermore and Oak Ridge, would Hearts, among numerous additional distinc- Europe and the former Soviet Union. (At one be responsible for helping VA meet a number tions. For their size and length of service, the point, he and fellow Krieble trainer Gary of specific energy sustainability goals. This in- 100th Infantry Battalion and the 442nd Regi- Hoffmeister performed a vaudeville skit to cludes compliance with Presidential Order mental Combat Team were the most deco- demonstrate campaigning to budding Rus- 13423, VA Directive 0055, and the long term sian politicians.) The former TV newsman rated U.S. military units of the war. However, founded the satellite television station Na- sustainable energy plans in this legislation. these regiments have yet to be honored with tional Empowerment Television and later The office would also establish a database to a Congressional Gold Medal. hosted a talk show on satellite radio. track VA’s energy and water consumption. To answer the call of duty requires excep- Occasionally, Weyrich critics on both the In an effort to assist our Nation’s veterans in tional courage and sacrifice, but to respond right and left would bring up his penchant their individual efforts to become more energy with a vigor and persistence unaffected by for abrupt replies and gruffness. His response efficient, our bill would provide an additional those who sought to malign and impede their to me was ‘‘I never wanted everyone to like amount of up to $10,000 for high efficiency every achievement reveals an incredible spirit me—just enough people so we can get polit- ical change.’’ systems for veterans who qualify for specially and admirable will. Please join me in honoring In September of this year, more than 400 adaptive housing grants under section these courageous men by supporting the friends, Members of Congress and other po- 2101(a)(2) of title 38, United States Code. Ad- granting of a Congressional Gold Medal, col- litical leaders packed the Four Seasons ditionally, it would provide veterans who qual- lectively, to the U.S. Army’s 100th Infantry

VerDate Nov 24 2008 01:58 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JA8.010 E08JAPT1 wwoods2 on PRODPC68 with REMARKS January 8, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E45 Battalion and 442nd Regimental Combat increase Federal investment in new research The city’s first MLK, Jr., celebration was Team. to better prepare for, respond to, and mitigate held back in 1989. The organizing committee f the devastating impacts of hurricanes. Let us included groups from all over the community, resolve to act promptly to address ways to including the Arlington Chamber of Com- INTRODUCING THE NATIONAL prevent and respond to future hurricanes be- merce, City of Arlington, Arlington Independent HURRICANE RESEARCH INITIA- fore the next hurricane strikes. School District, Arlington Ministerial Associa- TIVE ACT OF 2009 I ask for my colleagues’ support and urge tion, Black Citizen’s Advisory Council, U.S. the House leadership to bring this legislation Postal Service, Marion Anderson Society, Fort HON. ALCEE L. HASTINGS to the floor for its swift consideration. There is Worth Star Telegram, The University of Texas OF FLORIDA no time for further delay. at Arlington and Tarrant County College— IN THE HOUSE OF REPRESENTATIVES f South East campus. Thursday, January 8, 2009 That first event attracted nearly 1,000 par- LESLIE POHLEY HONORED AS ticipants. Over the years ‘‘Sharing the Dream’’ Mr. HASTINGS of Florida. Madam Speaker, FLORIDA’S OUTSTANDING MID- has continued to grow and it now includes di- I rise today with my colleague and good friend DLE SCHOOL SCIENCE TEACHER versity training, sensitivity workshops, ban- from Florida, Representative ROS-LEHTINEN, OF THE YEAR quets, festivals and other multicultural events. and almost 20 bipartisan original cosponsors This celebration truly embodies what Dr. to introduce a very significant piece of legisla- HON. C.W. BILL YOUNG King’s vision was all about and that is a reflec- tion, the National Hurricane Research Initiative OF FLORIDA tion of all communities coming together. Act of 2009. IN THE HOUSE OF REPRESENTATIVES And Arlington’s MLK, Jr. Celebration com- This legislation is largely based on the rec- Thursday, January 8, 2009 mittee continues to expand the event. Each ommendations presented in a 2007 National Mr. YOUNG of Florida. Madam Speaker, I year, in cooperation with the United States Science Foundation, NSF, report, Hurricane Postal Service, they produce an official cachet Warning: The Critical Need for a National Hur- rise to pay tribute to Leslie Pohley, a teacher I represent at Largo Middle School, who has envelope and a special pictorial cancellation ricane Research Initiative. postmark to commemorate the citywide cele- The report delivered a stern warning: ‘‘Rel- been named Florida’s Outstanding Middle School Science Teacher of the Year. bration. These special envelopes and post- ative to the tremendous damage future hurri- marks have become favorites of collectors all canes will inflict, the current federal investment Ms. Pohley was honored by her peers at the Florida Association of Science Teachers. Her over the nation. in hurricane science and engineering is en- The theme for this year’s cachet envelope tirely insufficient.’’ principal Fred Ulrich told The St. Petersburg Times, ‘‘She is the science teacher every prin- and postmark is ‘‘20th Anniversary—Sharing The state of science today is not advanced the Dream’’. enough to inform us reliably about when or cipal would love to have on staff. She cares about her students.’’ The design is always chosen from student where hurricanes are going to strike or what submissions to various art or essay contests their precise impact on our communities will A teacher at Largo Middle School for 30 years, Ms. Pohley grew up in Pinellas County, organized by the Arlington Independent be. School District. The celebration also recog- Since 2001, hurricane damage has cost our Florida where she now teaches. She grad- uated from Clearwater High School in 1973 nizes special individuals who have taken the Nation almost $36 billion in economic losses time to make a difference within their respec- per year. In 2005, Hurricanes Katrina, Rita and holds two bachelor’s degrees from the University of South Florida. One degree is in tive communities in the areas of Education, and Wilma accounted for over $160 billion in Community Service and Government. total damages and the loss of almost 1,500 in- science education and the other in biology. Previous honors for Ms. Pohley include This is a unique and very special celebra- nocent lives. Further, the impact from inland tion that each year honors the contribution’s of flooding and tornadoes, which can result from being named the 2003 Air Force Association Science Teacher of the Year, the 2004 recipi- Dr. Martin Luther King, Jr. and on its 20th An- the onset of hurricanes and tropical storms, niversary, I am proud to recognize the individ- can be felt throughout the entire United ent of the Southwest Florida Water Manage- ment District Outstanding Leadership in Envi- uals and organizations that have helped make States. this event possible over the years and all of Currently, 50 percent of the U.S. population ronmental Education Award, and being se- lected for a National Science Foundation fel- the people who have shared Dr. King’s dream lives within 50 miles of the coastline. As popu- by attending. lations and economies continue to expand in lowship program at the University of Georgia. Madam Speaker, at a time when the edu- f these high risk coastline areas, the economic cation of our children is a top national priority, and societal costs will only increase when fu- INTRODUCTION OF H.R. 294 THE especially in the fields of math and science, I ture hurricanes strike our Nation. VETERAN OWNED SMALL BUSI- salute Leslie Pohley for her lifelong dedication Our Government can ill afford to ignore the NESS PROMOTION ACT OF 2009 to teaching. Throughout the past 30 years, advice of its premier scientists and put our teaching from the same classroom at Largo populations and infrastructure at risk. We need Middle School, she has touched the lives of HON. STEVE BUYER to nationally invest in new research to better thousands of students and impressed upon OF INDIANA prepare, respond and mitigate these disasters. IN THE HOUSE OF REPRESENTATIVES This comprehensive hurricane research bill them the value and importance of the will improve hurricane research dramatically in sciences. Thursday, January 8, 2009 the United States. The bill authorizes $2.35 f Mr. BUYER. Madam Speaker, today I am billion in critical hurricane research funding to HONORING THE 20TH ANNIVER- introducing the Veteran Owned Small Busi- help scientists study and better understand SARY OF THE SHARING THE ness Promotion Act of 2009. As this body pon- how hurricanes form and intensify, as well as DREAM CELEBRATION IN AR- ders legislation to stimulate the economy and enhance early warning systems, infrastructure LINGTON, TEXAS create new jobs, I believe the best economic durability standards, and hurricane tracking stimulus we can offer is to empower those and prediction capabilities. HON. JOE BARTON who have defended America, and the Depart- The entire Nation would deeply benefit from ment of Veterans’ Affairs should play a major OF TEXAS enhanced, coordinated hurricane research. role in that effort. IN THE HOUSE OF REPRESENTATIVES Better intensity forecasting, long-range projec- This legislation includes our nation’s vet- tions of hurricane activity, emergency manage- Thursday, January 8, 2009 erans in our economic recovery by promoting ment, and hurricane mitigation would be ad- Mr. BARTON of Texas. Madam Speaker, I veteran-owned small businesses. Those who vantageous to everyone—from improving the rise today to recognize and honor the ‘‘Shar- have done so much to protect the American ability of local communities to respond to hurri- ing Dr. King’s Dream Celebration’’ in Arlington, economy deserve every opportunity to start canes to reducing the Federal Government’s Texas, which marks its 20th Anniversary this and grow a viable business. This bill would share in recovery efforts by billions of dollars. year. renew VA’s authority to guarantee small busi- Madam Speaker, our Nation and my State It is one of the longest Dr. Martin Luther ness loans up to $500,000 for small busi- of Florida in particular are all too familiar with King, Jr. Day Celebrations in the country, with nesses owned and operated by veterans. VA the immense damage hurricanes can inflict. It citywide events taking place over four days would be authorized up to $1 billion in loan is imperative that we take significant actions to starting January 16th guarantees for each fiscal year. The previous

VerDate Nov 24 2008 01:58 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JA8.012 E08JAPT1 wwoods2 on PRODPC68 with REMARKS E46 CONGRESSIONAL RECORD — Extensions of Remarks January 8, 2009 program was terminated in 1986 and it is time land at a fair market value, enabling this im- Israel and the means for a better future to Pal- that VA once again became a leader in pro- portant and effective program for troublesome estinians. moting veteran-owned businesses. youth to continue unimpeded. f It is not right that some set-aside programs The Turn-About Ranch has graduated ap- get a competitive advantage over veteran- proximately 500 troubled and at risk teenagers HONORING MADELINE DELOACH owned businesses, so my bill also includes through an intense program of training and re- FRANKLIN provisions to have veteran-owned small busi- habilitation. The ranch also employs about 35 ness evaluated and awarded contracts under Garfield County residents. The Turnabout HON. BARBARA LEE the same rules as 8(a) businesses. Ranch has strong support from the local com- OF CALIFORNIA If this bill is enacted it will be a win-win for munity, and the Garfield County Commission, IN THE HOUSE OF REPRESENTATIVES all Americans, as it will provide a valuable as well as approval from the parents of the Thursday, January 8, 2009 boost to our veterans who want to start a busi- troubled youth. ness, while stimulating the economy at the The Government-owned land administered Ms. LEE of California. Madam Speaker, I same time. I urge my colleagues to co-spon- by the BLM surrounds the congressional ac- rise today to honor the extraordinary life of sor and support this measure. tion by passing this legislation in Congress. Mrs. Madeline DeLoach Franklin. A loving mother, grandmother, great-grandmother, f The land was historically used for agriculture and grazing purposes. The Townsend family friend, and compassionate soul, Madeline will PORT JEFFERSON VOLUNTEER purchased the ranch and then leased the land be dearly missed by all who knew her. Mad- AMBULANCE CORPS’ 50TH ANNI- to the Turn-About Ranch, Inc., for the sole eline passed away on December 21, 2008, at VERSARY purpose of rehabilitating the troubled youth, the age of 94, less than 1 month short of her and restoring the values and self-esteem to 95th birthday. HON. TIMOTHY H. BISHOP these wayward teens. Born on January 17, 1914, Madeline had a long and fascinating life. She not only wit- OF NEW YORK Madam Speaker, this legislation is a fair nessed the most transformative periods in our IN THE HOUSE OF REPRESENTATIVES resolution to a technical problem. I hope Con- Nation’s history, she actively participated in Thursday, January 8, 2009 gress can implement this legislation and re- solve this problem to continue helping our them. Madeline Franklin was a vanguard of Mr. BISHOP of New York. Madam Speaker, troubled adolescent teens. the pre-civil rights era and an inspiring political mother to many activists from the civil rights I rise today to join the Port Jefferson Volunteer f Ambulance Corps in celebrating 50 years of movement up until the present. dedicated service to our community. An histor- SITUATION IN GAZA Madeline was born in New Orleans, Lou- ical shipbuilding town renamed in honor of our isiana. Her parents, William and Dora C. third President, Port Jefferson is now a thriv- HON. LEONARD L. BOSWELL DeLoach, moved the family from New Orleans to Philadelphia, Pennsylvania, during World ing village of nearly 8,000 residents, growing OF IOWA War I. In Philadelphia, Mr. and Mrs. DeLoach in the summer with the arrival of tourists from IN THE HOUSE OF REPRESENTATIVES Connecticut on the Cross-Sound ferry. founded St. Philip’s Lutheran Church and In the fifty years of its existence, the Port Thursday, January 8, 2009 raised their children in the spirit of community Jefferson Volunteer Ambulance Corps has ex- Mr. BOSWELL. Madam Speaker, I strongly service. Growing up during the first decades of panded to meet the growing needs of the support Israel’s right to defend itself against the 20th century, Madeline shared a simple wider community, including the villages of the rocket attacks by Hamas—attacks which and happy childhood with her nine older sib- Belle Terre and Mt. Sinai. Starting with a sin- have killed and injured many Israeli citizens. lings. It was during this time that Madeline de- gle ambulance, the Corps now operates three Israel’s actions are understandable. We must veloped her strong social values, faith in God, ambulances and a first-responder car, with stand by our ally and be involved in any nego- and belief in the necessity of justice and 120 volunteers ready to answer the call 24 tiations. I’m heartened to learn of a possible human dignity for all people. She would carry hours a day. cease fire proposal. However, any cease fire these values with her and teach them to those Madam Speaker, ambulance volunteers em- must ensure an end to the terrorist attacks by fortunate enough to know her for over 70 body the best aspects of the American spirit Hamas. years. and play a vital role in keeping our commu- f After graduating from the prestigious Phila- nities safe and healthy. I am proud to rep- delphia Girls High School, Madeline returned resent the membership of the Port Jefferson ADDRESSING THE SITUATION IN to New Orleans to attend Dillard University, Volunteer Ambulance Corps and to join them GAZA where she pledged as a member of the Delta in marking fifty years of service to their neigh- Sigma Theta Sorority. She graduated in 1939, bors. I wish them the best as they continue HON. JERRY McNERNEY and by that time had already fulfilled one of their important, frequently life-saving mission. OF CALIFORNIA her dreams by becoming an accomplished pi- f IN THE HOUSE OF REPRESENTATIVES anist. Madeline was living in Pass Christian, Mississippi, and it was during this period that THE TURNABOUT RANCH IN Thursday, January 8, 2009 she decided to formally pursue a career in GARFIELD COUNTY, UTAH Mr. MCNERNEY. Madam Speaker, I take education and become politically active in the this opportunity to express my concern about most important efforts of her time—actions HON. JIM MATHESON events in Israel and Gaza, and my support for that would serve as the precursors to the civil OF UTAH Israel’s right to defend itself against rocket at- rights movement in America. Even before IN THE HOUSE OF REPRESENTATIVES tacks launched from the Hamas-controlled Rosa Parks’ famous refusal to give up her bus Gaza Strip. The region must have a meaning- seat to make room for White passengers in Thursday, January 8, 2009 ful resolution that will permanently end these 1955, Madeline DeLoach was refusing to sit Mr. MATHESON. Madam Speaker, I rise rocket attacks and open a pathway to alleviate on wheel covers or wait for the next bus to today to introduce legislation that would cor- civilian suffering and develop a secure and come in the 1930s in Jackson, Mississippi. rect a drafting error that involves a 25-acre prosperous Palestinian society. Hamas’ rocket During that same period she met her future parcel of Bureau of Land Management, BLM, attacks targeting civilians triggered the current husband, Dr. Charles L. Franklin, who was liv- land, and land that is part of the Turn-About crisis. Any country is compelled to defend its ing in New York after graduating from Colum- Ranch, which rehabilitates troubled youth. civilians against attack. bia University in 1936 at the age of 25. At that An erroneous survey in January 1999 was The situation in the region has reached a time, Dr. Franklin was one of the youngest the cause of this trespass conflict when Con- new level of violence, and each civilian death PhDs in the country, and the only African- gress approved a major land exchange, P.L. is tragic. The images of suffering innocents, American with a doctorate degree in his field. 105–335, between the State of Utah and the especially children, in both the Gaza Strip and A specialist in social legislation, labor econom- border of the Grand Staircase Escalante, Israel are a stark reminder that it is long past ics, and statistics, Dr. Franklin was an ener- GSE, Monument. This legislation makes a time for this region to know peace. The United getic intellectual at the forefront in the struggle minor boundary change to resolve the tres- States must be deeply involved in the peace for employment integration in the Federal gov- pass conflict. It would grant the owners of the process while vigorously working for short and ernment. On his own merit he received the ranch to purchase the erroneously surveyed long term solutions that will provide security to highest average of all of the competitors in the

VerDate Nov 24 2008 01:58 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JA8.016 E08JAPT1 wwoods2 on PRODPC68 with REMARKS January 8, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E47 New York State Civil Service Examination, I urge my colleagues to cosponsor and sup- THE ESCALATING VIOLENCE IN bringing mass attention to the issue of in- port the measure. THE MIDDLE EAST equality. Madeline and Charles were wed on f May 24, 1943. HAMAS IS TO BLAME FOR MOST HON. JESSE L. JACKSON, JR. Although not related by blood, Madeline was OF ILLINOIS RECENT CONFLICT IN GAZA part of my extended family who I loved dearly. IN THE HOUSE OF REPRESENTATIVES She was a wise woman who inspired me and Thursday, January 8, 2009 supported me in all of my efforts. For that, I HON. DANA ROHRABACHER am deeply grateful. OF CALIFORNIA Mr. JACKSON of Illinois. Madam Speaker, I Madeline was an incredibly intelligent, so- IN THE HOUSE OF REPRESENTATIVES have been closely following the troubling phisticated, and talented individual. She was Thursday, January 8, 2009 events and escalating violence in the Middle an African-American woman born in the Amer- East. We in the United States must continue Mr. ROHRABACHER. Madam Speaker, ican south at the turn of the century, a teen- to stand shoulder-to-shoulder in support of our today we are saddened by the loss of inno- ager and young woman of the Great Depres- friend and ally Israel as it defends itself cent lives in Gaza; people being killed and sion, an adult of the pre-civil rights era, and a against Hamas’ unrelenting rocket attacks wounded, bodies of children torn apart, all of mentor of the civil rights movement. Undoubt- from Gaza. this is a horror story. If we are serious about edly, Madeline faced every conceivable chal- I’m encouraged by the recent cease-fire ne- ending this tragedy we must be brutally hon- lenge of her generation, gender, and as a per- gotiations underway in the region. The talks est, and not give in to ignoring hard truths. In son of color. However, not only did Madeline must seek to end the intolerable rain of rock- this case the hard truth is that the real blame survive these difficult and tumultuous times, ets on southern Israel and stop the violence for this carnage in Gaza is traced to actions she triumphed and brought countless others and killing of Israelis and Palestinians. Until a taken by Hamas, radical Islamists, and those up behind her. cease-fire agreement is reached, I hope that Today, California’s 9th Congressional Dis- who supply them with rockets and other weap- every effort and scrupulous care continues to trict salutes Madeline DeLoach Franklin, hon- ons. be taken to avoid the death of innocent civil- There was a tremendous opportunity for oring her incredible life and inspiring legacy. ians. peace when Israel withdrew its troops from We thank her family for sharing this amazing I’ve long believed that the only route to a Gaza in 2005. Instead of moving forward and spirit with us, especially her three children, sustainable peace in the Middle East is building a Palestinian homeland, Charles L. Franklin, Jr., Dolores Mercedes through diplomatic means, not military might. irreconcilables have launched nearly 7,000 Franklin, and Estelle Diane Franklin, her The United States must once again take a rockets and mortar rounds into Israel since grandchildren, Sharath Smith and Michelle leadership role and actively engage in the Israeli troops left. Franklin, Lynnette Franklin and Charles Frank- The hate-filled radicals who launched mis- multilateral effort to build a permanent path to lin, her great-grandchildren Brian and David siles into Israel—Hamas triggermen, not Israeli peace between the Israeli and the Palestinian Smith, her daughter-in-law Alexis M. Herman, pilots—are the ones who are really respon- people. her grandsons-in-law Jeffrey Smith and Chris- sible for the horrible mayhem we are wit- f tian Duffus, and a host of additional family nessing in Gaza. The radical Islamists ruth- HONORING ARTHUR HILL members and friends. May her soul rest in lessly and without any remorse did what they peace. knew would bring retaliation and result in the f HON. GEORGE RADANOVICH slaughter of their own people. The hatred of OF CALIFORNIA INTRODUCTION OF H.R. 295, MORE Israel in the hearts of these Hamas radicals IN THE HOUSE OF REPRESENTATIVES JOBS FOR VETERANS ACT OF 2009 clearly outweighs their commitment to the safety and well being of their own people. Thursday, January 8, 2009 HON. STEVE BUYER That’s a hard fact. And that after shooting Mr. RADANOVICH. Madam Speaker, I rise rockets into Israel, they hide among and be- today along with my colleague from California OF INDIANA Mr. COSTA to commend and congratulate Cap- IN THE HOUSE OF REPRESENTATIVES hind non-combatants—women, and children— makes their actions even more despicable. tain Arthur Hill (U.S. Army retired) upon being Thursday, January 8, 2009 An honest assessment leads to the conclu- honored with the Citizen Soldier Award. Mr. Mr. BUYER. Madam Speaker, today I am sion that Hamas doesn’t want peace with Hill was honored on November 7, 2008 at the introducing the More Jobs for Veterans Act of Israel and has no desire for a two state solu- Fresno City College Veterans Day 2008 Me- 2009. Madam Speaker, having the right skills tion. Hamas wants a war that will destroy morial and Dedication Ceremony. is critical to finding good-paying employment Israel. This commitment is the real cause of Mr. Hill was born on July 16, 1916. Shortly in today’s job market. The Assistant Secretary the current bloodshed in Gaza. Once Israel after the bombing at Pearl Harbor he began of Labor administers the Veterans Workforce left Gaza, Hamas should have used its re- volunteering for the Army Engineers, he was Investment Program, VWIP, a grant program sources, their money, our money, on health 27 years old. He has a background in con- to State and local governments, private, not- care, education, roads and economic develop- struction, so in 1942 he was sent to Camp for-profit organizations including community ment in Gaza. Instead they have chosen Claiborne, LA to a Special Service Engineer based and faith based organizations to fund a death and destruction. Regiment. On December 23, 1942, Mr. Hill wide range of employment and training pro- Recently China’s representative to the U.N. graduated from O.C.S. and the Heavy Equip- grams for veterans. Eligible veterans are those Security Council voiced concern about, ‘‘large- ment School at Fort Belvoir, VA as a Second with service-connected disabilities, significant scale Israeli air attacks against Gaza.’’ Now, Lieutenant. At Camp Swift, TX, he was as- barriers to employment, veterans who served that takes chutzpah! Many of the rockets fired signed to the 146 Engineer (C) Battalion as on active duty during a war or a recognized into Israel ‘‘were manufactured in China. the Headquarters Company Commander with campaign or expedition, and recently sepa- These Chinese rockets were smuggled into the additional duty of Battalion Motor Officer. rated veterans. Gaza after the Sinai border wall was blown up He held this command, as a Captain, with var- It makes no sense to spend millions on by Hamas in January.’’ Making matters worse ious additional duties until the end of the war. State employment placement systems if vet- the State Department and the White House During the war his battalion moved to Eng- erans lack relevant job skills. Unfortunately, hasn’t mentioned a word about the China con- land’s North Coastal area of Saunton Sands. funding for training programs such as VWIP, nection to the turmoil in Gaza, just as they’re They helped build and operate an assault which directly targets veterans, is severely un- mum about Chinese complicity in crimes else- training center of enemy fortifications dupli- derfunded. This legislation would change that where. cated during their time overseas. These for- by authorizing $20 million annually, almost tri- Yes, the bloodshed is horrible, and yes, tifications were from secret aerial reconnais- ple today’s funding level. Israel is doing what any other sovereign nation sance photos of the landing beaches and Madam Speaker, the current $7 million ap- would do. It is protecting its people by retalia- Siegfried line defenses. This led to the spear- propriation is a small drop in the bucket to- tion when attacked. Those who shoot rockets heading of the Omaha Beach ‘‘D Day’’ landing wards meeting the skills-improvement needs into Israel know there will be retaliation, thus at the ‘‘H’’ hour plus 3 minutes across the of today’s 651,000 unemployed veterans. This they are the responsible party for the blood- English Channel on June 6, 1944. The five bill would significantly improve education and shed we are now witnessing. It’s the hard truth European campaigns of Normandy, Northern training opportunities for those who have worn we can’t ignore if we are to someday end this France, Rhineland, Ardennes-Alsace, and the uniforms of our armed forces. terrible heart-wrenching violence. Central Europe followed.

VerDate Nov 24 2008 01:58 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JA8.021 E08JAPT1 wwoods2 on PRODPC68 with REMARKS E48 CONGRESSIONAL RECORD — Extensions of Remarks January 8, 2009 After the collapse of Germany, the 146th (C) tise and wisdom as a valued and respected HONORING THE LIFE AND SERVICE Engineers, along with other engineer groups member of many scientific advisory and edi- OF SENIOR CORPORAL NORMAN of V Corps were assisting with the debris torial boards. SMITH clearance and the restoration of utilities of bat- In addition to his scientific discoveries, Dr. tered Pilsen, Czechoslovakia. In Pilsen, Cap- Weinstein also leaves a remarkable legacy as HON. EDDIE BERNICE JOHNSON tain Hill was named director of the XXII Corps a mentor and a teacher, having helped train OF TEXAS Heavy Equipment School for approximately 65 many generations of leaders in cancer and bi- IN THE HOUSE OF REPRESENTATIVES Czech civil engineers and equipment opera- ological research. Dr. Weinstein guided and Thursday, January 8, 2009 tors from the V, VII, and XXII Corps. Captain inspired scores of devoted students, who Hill was later given the title of Base Com- mourn the passing of this great scientist and Ms. EDDIE BERNICE JOHNSON of Texas. mander at one of several embarkation centers remarkable man. It’s a loss also deeply felt by Madam Speaker, I rise today to honor the life that were responsible for upgrading facilities his family, to whom he was so loyal and so and service of Senior Corporal Norman Smith for pending troop movement. While at the loving. who died in the line of duty on January 6, Biarritz American University in Southern 2008. An 18-year veteran of the Dallas Police France, he learned that he had received a In honor of this great American scientist and Department, Sr. Cpl. Smith spent his career Foreign Award, the Czech Military Medal. his commitment and contributions to the field bravely serving the residents of Dallas, TX. Upon returning home, Captain Hill was dis- of oncology, I express my gratitude to Dr. With a heavy heart, I pay tribute to him and charged on January 8, 1946. He began his ci- Weinstein for devoting his life to preventing the impact he made in our city. My condo- vilian life and worked in the petroleum industry and curing cancer. America mourns his pass- lences are extended to his family and his fel- for 30 years. He and his wife, B.J. (now de- ing while also celebrating his inspiring legacy. low officers who are mourning the loss of a ceased), were married for over 50 years. He is survived by his son Matthew, his two husband, father and friend. Since April 1992, Mr. Hill has enjoyed his time daughters Claudia and Tamara, and two Sr. Cpl. Smith, 43, joined the Dallas Police as a volunteer at the National Legion of Valor grandchildren. Department in 1991 and most recently served Museum in Fresno, California, where he is as a member in the Gang Unit for the past 12 also an honorary lifetime member. He became f years. Deeply committed to stamping out the the museum Director in July 2001. From influence of gangs, he worked tirelessly to free INTRODUCTION OF THE ARMED 1995–1996, he also served as the American neighborhoods crippled with violence, crime FORCES DISABILITY RETIRE- Legion Commander of Fresno Post No. 4. and drugs. He was instrumental in taking back Madam Speaker, I rise today to commend MENT ENHANCEMENT ACT OF neighborhood blocks long controlled by gangs and congratulate Arthur Hill upon his achieve- 2009 in Dallas for years. His work in this area is ments. I invite my colleagues to join me in now credited as a textbook case for Federal wishing Mr. Hill many years of continued suc- and local officials working to rid communities cess. HON. STEVE BUYER of criminal organizations. Throughout his ca- f OF INDIANA reer, he received numerous commendations IN THE HOUSE OF REPRESENTATIVES and was honored as a Dallas Police Depart- TRIBUTE TO I. BERNARD ment Officer of the Year. WEINSTEIN Thursday, January 8, 2009 There is no doubt that Sr. Cpl. Smith was not only exemplary of those who choose to HON. CHARLES B. RANGEL Mr. BUYER. Madam Speaker, today I am serve and protect, but admired and deeply re- OF NEW YORK introducing the Armed Forces Disability Retire- spected by all he met. He will be remembered IN THE HOUSE OF REPRESENTATIVES ment Enhancement Act of 2009. This measure for his strength of character, respect for all would simplify and streamline the daunting Thursday, January 8, 2009 those he encountered and his deep commit- process injured men and women must endure ment to his police work. He is described by his Mr. RANGEL. Madam Speaker, I rise today when navigating the Department of Defense, own Police Chief as having the ‘‘heart of a to honor and pay tribute to the life of Dr. I. DOD, disability retirement system. The system warrior.’’ Dallas has truly lost a hero, and we Bernard Weinstein for his significant accom- is too complex, and it is unfair to confront will forever remember the positive changes he plishments as a scientist, professor of medi- wounded warriors with such a mess when brought to the community. His life was a testa- cine, physician, mentor, colleague, advisor, their focus should be on recovery and their ment to all that can be achieved through dedi- administrator, and humanitarian, who passed loved ones. cation to public service. away on November 3, 2008 at the age of 78. These systemic problems were identified My prayers are with his wife, Dallas Police Dr. Weinstein was a world authority in the more than 2 years ago when the President’s Lieutenant Regina Smith, and his teenage son fields of chemical carcinogenesis, cancer Commission on Care for America’s Wounded and daughter. He first met his wife while she treatment and prevention, and a founder of the Warriors and the Veterans Disability Benefits was a young police officer, noting that she field of molecular epidemiology. His pioneering Commission interviewed injured service mem- was the most beautiful woman he had ever discoveries and visionary theories, including bers, but the problems have yet to be re- seen. During the time they had together, there the breakthrough concept of ‘‘oncogene addic- solved. This bill would ensure that those found is no doubt there was much happiness and a tion,’’ opened up new frontiers in cancer re- unable to serve would automatically receive unique shared passion for their life’s work. search and led to the development of new, ef- military retirement benefits based on rank and Madam Speaker, today we mourn the loss fective, life-saving therapies for patients. years of service. This provision would resolve of one of Dallas’ finest—Sr. Cpl. Norman For more than 47 years, Dr. Weinstein was the ‘concurrent receipt’ issue, and it would re- Smith. Our city is forever grateful for the sac- on staff at Columbia University Medical Cen- place confusing, piecemeal programs. rifice he has made in the line of duty. His leg- ter, where he also served as Frode Jensen Those found unfit for service would also acy will live on in our hearts and in the com- Professor of Medicine, Professor of Environ- munity he served. mental Health Sciences; Professor of Genetics automatically receive health and dental cov- f and Development; and, for a decade, Director erage. Currently, such eligibility hinges on the of the Herbert Irving Comprehensive Cancer findings of a military physical evaluation board. INTRODUCING LEGISLATION TO Center. In recognition of his groundbreaking, Severely injured servicemembers undergoing AWARD DR. JOSEPH B. KIRSNER seminal scientific work, Dr. Weinstein received the emotional and physical pain of recovery THE CONGRESSIONAL GOLD some of the most prestigious national and and rehabilitation should not have to endure MEDAL international awards in his field. Additionally, the added, unnecessary worry as to whether he was a fellow of the American Academy of physical evaluation board determinations will grant disability benefits. HON. MARK STEVEN KIRK Arts and Sciences, a member of the Institute OF ILLINOIS of Medicine of the National Academy of It’s well past time to eliminate these burdens IN THE HOUSE OF REPRESENTATIVES Science, a fellow of the National Foundation for those who have already sacrificed dearly for Cancer Research, and he served with for our country. I call upon my colleagues on Thursday, January 8, 2009 great distinction as president of the American both sides of the aisle to address this difficult Mr. KIRK. Madam Speaker, I am proud to Association for Cancer Research. Dr. issue now rather than leaving it to future gen- introduce this bill to award Dr. Joseph B. Weinstein also provided his renowned exper- erations to resolve. Kirsner the Congressional Gold Medal for his

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outstanding work in the medical field of gastro- RADANOVICH and Mr. NUNES to pay tribute to INTRODUCTION OF THE PRO- enterology. the distinguished public service of Bob TECTING CONSUMERS THROUGH The son of Russian immigrants, Kirsner Waterston. After 8 years with the Fresno PROPER FORBEARANCE PROCE- overcame adversity as a young man and grad- Board of Supervisors, including two as Chair- DURES ACT uated from Tufts University School of Medicine man and Vice-Chairman, Mr. Waterston is re- at the top of his class. He went on to earn his tiring as Supervisor for the 5th District in Fres- medical degree at the University of Chicago. no County, California. We thank him for his HON. JOHN D. DINGELL While training in Chicago, he became an ex- hard work on behalf of the county. OF MICHIGAN pert in gastroenterology and helped to make Bob is a lifelong Fresno native. Prior to em- the University of Chicago the premier center barking on his distinguished career with Fres- IN THE HOUSE OF REPRESENTATIVES for research and therapy of inflammatory no County, Bob was a twenty-nine year vet- bowel disease. His leadership and research eran of the Fresno Fire Department serving 4 Thursday, January 8, 2009 led to unprecedented medical advances in the years as a firefighter, 8 years as a driver and Mr. DINGELL. Madam Speaker, today I am field of gastroenterology, enhancing the lives 17 years as a fire captain. He also served on reintroducing the Protecting Consumers of people across the world. the Clovis City Council as an elected member Through Proper Forbearance Procedures Act. Despite his devotion to his research, Kirsner and then as a Mayor Pro Tem. Bob has also This legislation, which I also introduced during was compelled to join the armed forces in been a State certified paramedic for 24 years. the 110th Congress, is intended to correct per- World War earning a third Battle Star in the His professional career includes Board Cer- sistent procedural problems created by two battle of the Philippines before serving under tified Advanced Cardiac Life Support and words in the Communications Act of 1934, as General Douglas MacArthur in Japan. Fol- Basic Life Support Affiliate Faculty for the amended. I urge all my colleagues to join me lowing the war, Kirsner became a full Pro- American Heart Association. Most recently he fessor of Medicine at the University of Chi- became a California State licensed Contractor in supporting this common sense legislation. cago. During his time as a Professor, he pub- specializing in swimming pool construction and Section 10 of the Communications Act per- lished over 700 papers and 15 books, and has maintained his commitment to the com- mits a telecommunications carrier to file a peti- gave over 25 named lectureships. He has munity as a County Supervisor all while man- tion with the Federal Communications Com- served as a leader on a number of boards and aging his home business. mission (FCC) asking the FCC to forbear from foundations, such as the National Institutes of Bob Waterston’s involvement in his commu- applying certain statutory or regulatory require- Health, the American Gastroenterological As- nity has been far-reaching, ranging from ments to it. In turn, the FCC may grant sociation and the Chicago Medical Society. Chairman of the America Health Walk in 1998 forbearances if it finds that doing so is in the Despite all of his world-renowned successes, to the Fandango Advisory Board Committee in public interest. he continues to provide personal care to pa- 1999 and as Community Advisor for the Junior As I have stated in the past, the Congress tients from across the country. League of Fresno in 2000 and 2001. Bob certainly has the prerogative to create a statu- Dr. Kirsner, a World War II veteran and de- served on Community Services for the Cali- tory regime that permits a regulatory agency voted civil servant to the field of medicine, has fornia League of Cities, and he was an Execu- to forbear from applying a statutory require- lived his life in service to others, deserving of tive Board Member of the Sequoia Council ment, so long as the agency finds that con- national recognition for his honorable contribu- Boy Scouts of America in 2004. Bob has also sumers will continue to be protected and well tion to our country. given back to his fellow firefighters by serving as a past Chairperson for the CPR Committee served. What is problematic about this cir- f with the Central Valley Fire Agencies, and he cumstance is that the Communications Act PERSONAL EXPLANATION is a founder of the annual ‘‘Firefighters Cre- states that the carrier’s petition will be ating Memories’’ program at the Fresno Dis- ‘‘deemed granted’’ if the FCC does not act HON. STEPHANIE HERSETH SANDLIN trict Fair. within a prescribed timeframe. In simpler Throughout his distinguished career, Bob terms, if the FCC cannot agree on the merits OF SOUTH DAKOTA Waterston has served on numerous boards of a petition, it is automatically granted. IN THE HOUSE OF REPRESENTATIVES and has given back to his community. He We must act to correct this untenable situa- Thursday, January 8, 2009 served on the board of directors of the Fresno tion for two reasons. First, in the case of a pe- Business Council, the Economic Development Ms. HERSETH SANDLIN. Madam Speaker, tition that is ‘‘deemed granted’’ without an ac- Corporation of Fresno County and the Fresno I regret that I was unable to participate in two companying written order, it is impossible for Regional Foundation. He is also a member of votes on the floor of the House of Representa- the Congress or the courts to ascertain the the ‘‘Make a Wish’’ Foundation, the American tives on January 7, 2009. scope of relief granted or the legal rationale Heart Association Board of Directors, and the The first vote was H.R. 35, to amend chap- supporting the FCC’s action. This makes it dif- Public Education Committee for the Fresno ter 22 of title 44, United States Code, popu- ficult for the Congress to conduct proper over- City Fire Department. He is also a past board larly known as the Presidential Records Act, to sight of the implementation of the Communica- member for the Fresno Firefighters Associa- establish procedures for the consideration of tions Act, as well as oversight of the tele- tion Benefit Fund and the South San Joaquin claims of constitutionally based privilege communications industry. Division Committee on California League of against disclosure of Presidential records. Had Second, the ‘‘deemed granted’’ language Cities. leads to unsound decision-making at the FCC. I been present, I would have voted yea on that Bob’s accomplishments were recognized as When faced with contentious and complicated question. early 1989, when he was awarded the first issues, which are often the subject of these The second vote was H.R. 36, to amend Fresno Fire Department Employee of the petitions, the FCC now routinely waits until the title 44, United States Code, to require infor- quarter. He was also honored by Governor last moment to make a decision. At the same mation on contributors to Presidential library George Deukmejian for ‘‘Recognition in Excel- time, the threat of an automatic grant of for- fundraising organizations. Had I been present, ling in the Performance of Duty.’’ In 1996 Bob bearance hovers over the proceedings. It is I would have voted yea on that question. was honored by the Veterans of Foreign Wars unlikely that such a disjointed process results f as Peace Officer of the Year, and he was hon- in public policy that benefits consumers. ored by Exceptional Parents Unlimited for his HONORING THE DISTINGUISHED efforts to ‘‘Silence the Violence.’’ The Communications Act, as amended by SERVICE OF BOB WATERSTON I commend Bob for dedicating his life to his this bill, would still permit carriers to seek for- family and his community. His accomplish- bearance, which the FCC may also still grant. HON. JIM COSTA ments have touched the lives of many, and his However, by removing the ‘‘deemed granted’’ OF CALIFORNIA impact on our community will be long remem- language from statute, we will vastly improve IN THE HOUSE OF REPRESENTATIVES bered. I extend my best wishes for his contin- the ability of the Congress and the courts to ued health, happiness, and service. Bob conduct appropriate oversight, better protect Thursday, January 8, 2009 Waterston is a distinguished member of the consumers, and restore transparency to the Mr. COSTA. Madam Speaker, I rise today community, and it is with great pleasure that decision-making process. I urge my col- along with my colleagues from California Mr. I recognize him today. leagues to support this legislation.

VerDate Nov 24 2008 01:58 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A08JA8.029 E08JAPT1 wwoods2 on PRODPC68 with REMARKS E50 CONGRESSIONAL RECORD — Extensions of Remarks January 8, 2009 INTRODUCTION OF H.R. 297, VET- onset of renal failure. There are a number of the USS Los Angeles for tours. He decided to ERAN VOCATIONAL REHABILITA- steps chronic kidney disease patients can take spend some time on land training at Port Hue- TION AND EMPLOYMENT SUB- to reduce renal failure and better prepare neme, California. With this new training he SISTENCE ALLOWANCE IM- themselves for dialysis, including making life- was sent to Kwadjelien in the South Pacific for PROVEMENT ACT OF 2009 style changes, learning about renal replace- 18 months to do utility maintenance. After ment options, and seeking a compatible kid- completing another tour aboard the USS HON. STEVE BUYER ney donor. Medicare, however, does not pro- Theodore E. Chandler he trained to be a Re- OF INDIANA vide coverage for education on nutrition, treat- cruiter and was sent to the Fresno Recruit IN THE HOUSE OF REPRESENTATIVES ment options, venous access, or transplant co- Center. He completed one more 18 month ordination until after the patient has experi- tour aboard the USS Iowa before returning to Thursday, January 8, 2009 enced kidney failure and is already undergoing Fresno. In 1955, Mr. Von Rueden became a Mr. BUYER. Madam Speaker, today I am dialysis. permanent resident in Fresno and retired to introducing the Veteran Vocational Rehabilita- To remedy this situation, we are introducing the Fleet Reserve on February 5, 1957. tion and Employment Subsistence Allowance the Kidney Disease Education Benefits Act of After retiring from the Navy, Mr. Von Improvement Act of 2009. The Department of 2009 to make counseling available to patients Rueden was hired by the County of Fresno to Veteran Affairs’ Vocational Rehabilitation and before they begin dialysis. This is a top Na- work at Juvenile Hall. He attended school, part Employment program should be the crown tional Kidney Foundation legislative priority. time, at Fresno City College on the GI Bill, jewel in VA’s benefit system for service-dis- Our bill would provide reimbursement for an and graduated with a degree in 1961. In 1968 abled veterans. estimated $10 million per year for up to six he transferred to the County Public Works De- Most of the nearly 100,000 veterans partici- educational sessions for Medicare patients. partment and was a maintenance engineer at pating in this program are enrolled in long- These sessions would be offered one year Fresno County Hospital until he retired on term education programs, typically those that prior to kidney failure to help prevent renal fail- March 1, 1980. Mr. Von Rueden and his wife lead to a college degree. Unfortunately, thou- ure, better prepare these patients for dialysis, reside at a retirement home in Clovis, Cali- sands of participants drop out of the Voca- and save Medicare costs that can be associ- fornia. He is still active in the Fresno Branch tional Rehabilitation program because they ated with complications resulting from renal 249 of the Fleet Reserve Association. need to work to support their families. This failure. Madam Speaker, I rise today to commend legislation would significantly increase the abil- Kidney disease cannot be reversed, but, and congratulate Frederic Von Rueden upon ity of veterans to support their families while with appropriate education, its effects can be his achievements. I invite my colleagues to undergoing rehabilitation. slowed, improving the quality of life for renal join me in wishing Mr. Von Rueden many Today’s VR&E program, in addition to pay- patients and reducing costs to taxpayers. I years of continued success. ing for the costs related to any education or would like to thank Congressman MCDERMOTT training program, also provides a small sub- for joining me in the fight against kidney dis- f sistence per month allowance. For FY09, the ease. I look forward to working with him and HONORING PFC GARFIELD M. basic allowance for full-time participation is my other colleagues on this important initia- LANGHORN, MOH about $541 per month with small additional tive. sums for dependents. Considering this modest f amount, it is not surprising that thousands of HON. TIMOTHY H. BISHOP veterans drop out of their rehabilitation pro- HONORING FREDERIC VON OF NEW YORK gram. This bill would increase the basic sub- RUEDEN IN THE HOUSE OF REPRESENTATIVES sistence allowance to $1,200 per month. The Thursday, January 8, 2009 bill would also simplify VA’s administrative bur- HON. GEORGE RADANOVICH den by standardizing payments for all types of OF CALIFORNIA Mr. BISHOP of New York. Madam Speaker, services under the program. IN THE HOUSE OF REPRESENTATIVES our brave men and women in uniform are all heroes. But the exceptional few who make the Madam Speaker, I urge my colleagues to Thursday, January 8, 2009 co-sponsor and support the measure. supreme sacrifice to protect the lives of their Mr. RADANOVICH. Madam Speaker, I rise brothers-in-arms become more than heroes; f today along with my colleague from California they become legends. Today, I rise to honor KIDNEY DISEASE EDUCATION Mr. COSTA to commend and congratulate U.S. Army Private First Class Garfield M. BENEFITS ACT OF 2009 Frederic Von Rueden, U.S. Navy Retired, Langhorn, a resident of Riverhead in Eastern upon being honored with the Citizen Soldier Long Island who received the Medal of Honor HON. MARK STEVEN KIRK Award, Mr. Von Rueden was honored on No- for his heroic actions in Pleiku Province, Viet- OF ILLINOIS vember 7, 2008 at the Fresno City College nam, 40 years ago this month. IN THE HOUSE OF REPRESENTATIVES Veterans Day 2008 Memorial and Dedication As they attempted to rescue the crew of a Ceremony. downed helicopter, PFC Langhorn’s unit was Thursday, January 8, 2009 Mr. Von Rueden was born in Farihault, Min- trapped under intense enemy fire. As night fell Mr. KIRK. Madam Speaker, today, I am in- nesota, on October 25, 1917. In 1936 he en- and U.S. air support was called off, enemy troducing the Kidney Disease Education Bene- listed in the Navy, went through ‘‘Boot Camp’’ fighters began to probe their perimeter. The ci- fits Act. As co-Chairman of the Congressional at Great Lakes, Illinois, and underwent further tation for PFC Langhorn’s Medal of Honor Kidney Caucus, I am proud to join with my fel- training in San Francisco, California. From reads: low Kidney Caucus co-Chairman, Congress- San Francisco he went to San Diego to board ‘‘An enemy hand grenade landed in front of man JIM MCDERMOTT (D–WA) to introduce this the Light Cruiser USS Richmond where he PFC Langhorn and a few feet from personnel important initiative. spent the next 9 years. The home port for the who had become casualties. Choosing to pro- Each year, some 80,000 people are diag- ship was Panama. He was in Valparaiso the tect these wounded, he unhesitatingly threw nosed with End-Stage Renal Disease. This day Pearl Harbor was hit. The ship escorted himself on the grenade, scooped it beneath stage of kidney disease occurs when the kid- many convoys to the South Pacific and con- his body and absorbed the blast. By sacrificing neys function at less than 10 percent and, as ducted regular bombardment off the coast of himself, he saved the lives of his comrades. a result, are no longer able to maintain life. Japan in company with the USS Salt Lake PFC Langhorn’s extraordinary heroism at the Patients with kidney disease require regular City, where they often engaged the Japanese cost of his life was in keeping with the highest kidney dialysis treatments or a transplant to Fleet in battle. Mr. Von Rueden was a boiler traditions of the military service and reflect survive. Medicare pays for most renal patients technician. Most of his days were spent below great credit on himself, his unit, and the U.S. at the cost of $20 billion a year, nearly 7 per- deck in the engine rooms. At the end of World Army.’’ cent of all Medicare expenditures, despite the War II the USS Richmond was returned to Madam Speaker, PFC Langhorn’s sacrifice fact that the kidney disease population rep- Philadelphia and was decommissioned. half a world away remains a credit to the resents just 1.1 percent of all Medicare pa- In Philadelphia, Mr. Von Rueden went Riverhead community, which is proud to cele- tients. through some schooling and was reassigned brate his achievements on the 40th anniver- Complications associated with kidney dis- to the Battleship USS Iowa out of Long Beach, sary of his death. May his example continue to ease are common, but can be reduced if ap- California for about 6 months. After that he inspire all those who aspire to service ‘‘beyond propriate education is provided prior to the spent some time aboard the USS Topeka and the call of duty.’’

VerDate Nov 24 2008 01:58 Jan 09, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A08JA8.033 E08JAPT1 wwoods2 on PRODPC68 with REMARKS January 8, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E51 THANKING LONG-TIME STAFFER statements, to countless Floor statements, to child, regardless of their race, religion, age, or DAVID RANSOM FOR HIS SERV- major speeches, to substantive policy docu- socio-economic status.’’ Mayor Autry’s efforts ICE AND CONGRATULATING HIM ments, to advocacy materials for members of have focused on crime reduction, educational ON HIS MOVE TO A MAJOR LAW the Democratic Caucus. reform, economic development, availability of FIRM While I am certainly sad to lose a trusted, affordable housing, addressing homelessness, valued member of my staff, I am very pleased raising awareness on the water issues of our HON. STENY H. HOYER that David has joined such a great law firm— Central Valley and on government reform. McDermott Will & Emery, one of the top law OF MARYLAND Throughout his notable career, Alan has firms in America. There’s no question that his IN THE HOUSE OF REPRESENTATIVES served on numerous commissions and boards insight into the congressional leadership and Thursday, January 8, 2009 at the local, State and Federal levels. He has the Members who serve here will be of great been a part of the Advisory Council on Historic Mr. HOYER. Madam Speaker, today, I want value to McDermott Will & Emery’s clients. to thank one of my former staffers, David Ran- I wish David and his family—his wife, Lori, Preservation, the U.S. Conference of Mayors som, who recently left the Majority Leader’s and two children—all the best in the future, Advisory Board, the U.S. Conference of May- Office to join one of our Nation’s premier law and again thank him for his efforts on my be- ors Education Standing Committee, the U.S. firms, for his 9 years of service as my principal half. Conference of Mayors Arts and Entertainment Standing Committee, the U.S. Department of speechwriter, as a key member of my commu- f nications team, and as a senior advisor who Commerce’s Strengthening America’s Com- always offered strong recommendations based HONORING THE DISTINGUISHED munities Secretarial Advisory Committee, the on solid reasoning. SERVICE OF THE HONORABLE League of California Cities Board of Directors, There are few people who have served on ALAN AUTRY the California Partnership Board, the League my staff who know my position on issues bet- of California Cities Housing Task Force, the ter than David does. HON. JIM COSTA Fresno County Transportation Authority Board At a going-away luncheon for David, I told OF CALIFORNIA and the Fresno County Council of Government the assembled staff that I needed them to step IN THE HOUSE OF REPRESENTATIVES Board. Mayor Autry was a founding board up as David had, and to give me their best ad- member of the Operation Clean Air Board and Thursday, January 8, 2009 vice and counsel—even if that meant that on the Regional Jobs Initiative Board. Mr. COSTA. Madam Speaker, I rise today occasion they might be disagreeing with me or His service and work have been acknowl- along with my distinguished colleagues from other staff. As a good lawyer, David clearly edged through countless awards and honors, California, Mr. RADANOVICH, Mr. NUNES, and appreciates the importance of making a com- not the least of which is his recognition as one pelling argument. But he also recognizes the Mr. CARDOZA to pay special tribute to Mr. Alan of the most effective advocates ever in terms necessity of anticipating and considering op- Autry for 8 years of distinguished public serv- of garnering a fair share of State and Federal posing points of view and policy positions. ice to the city of Fresno, CA. Mr. Autry has resources for the Central Valley. This approach not only has made David a completed the maximum numbers of years of valued member of my staff, but also has en- service allowable by city charter as the mayor Madam Speaker, it goes without saying that abled me to better serve my constituents in of the city of Fresno. He is to be honored at throughout his career, Alan Autry has proven Maryland’s Fifth Congressional District, this a Roast and Recognition reception on Thurs- to be a highly motivated leader, striving for ex- great institution and our Nation. day, December 18, 2008. cellence in public service, keeping his city safe During his more than 9 years on my staff, During his two terms, Alan has remained and making it the best city possible for all the David demonstrated that he is a team player strongly committed to fulfilling the mission of residents of Fresno. As he gets ready to and problem solver who has exceptional ana- Fresno, as a ‘‘united city working together to spend more time on other endeavors, we lytical, writing, and communication skills. Over ensure equal access to opportunity, education thank him for his service and wish him contin- that period, he drafted everything from short and quality of life for every man, women, and ued success and fulfillment in the future.

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HIGHLIGHTS The House and Senate met in joint session to count electoral votes. Senate Chamber Action Additional Cosponsors: Page S212 Statements on Introduced Bills/Resolutions: Routine Proceedings, pages S181–S238 Pages S212–35 Measures Introduced: Twenty-five bills and three Additional Statements: Pages S207–08 resolutions were introduced, as follows: S. 167–191, S.J. Res. 4, and S. Res. 10–11. Pages S211–12 Amendments Submitted: Pages S235–37 Measures Passed: Authorities for Committees to Meet: Page S237 Relative to Israel: Senate agreed to S. Res. 10, Privileges of the Floor: Page S237 recognizing the right of Israel to defend itself Adjournment: Senate convened at 10:30 a.m. and against attacks from Gaza and reaffirming the adjourned at 6:31 p.m., until 10 a.m. on Friday, United States’ strong support for Israel in its battle January 9, 2009. (For Senate’s program, see the re- with Hamas, and supporting the Israeli-Palestinian marks of the Majority Leader in today’s Record on peace process. Pages S181–83 page S238.) Production of Documents: Senate agreed to S. Res. 11, to authorize production of documents to the Committee Meetings Department of Defense Inspector General. Pages S237–38 (Committees not listed did not meet) Joint Session Senate Tellers—Agreement: A CBO AND ECONOMIC OUTLOOK unanimous-consent agreement was reached providing Committee on the Budget: Committee concluded a hear- that the order of Tuesday, January 6, 2009, with re- ing to examine the Congressional Budget Office spect to the announcement of members appointed to (CBO) Budget and Economic Outlook, after receiv- be Senate tellers for the Joint Session on Thursday, ing testimony from Robert A. Sunshine, Acting Di- January 8, 2009, be modified to reflect that Senator rector, Congressional Budget Office. Schumer will replace Senator Feinstein. Page S186 Nominations Received: Senate received the fol- ENERGY SECURITY CHALLENGES lowing nominations: Committee on Energy and Natural Resources: Committee Stuart Gordon Nash, of the District of Columbia, concluded a hearing to examine current energy secu- to be an Associate Judge of the Superior Court of rity challenges, after receiving testimony from the District of Columbia for the term of fifteen Dianne R. Nielson, Utah Office of the Governor, years. Salt Lake City, on behalf of the Western Governors’ 2 Marine Corps nominations in the rank of gen- Association; and Kit Batten, Center for American eral. Page S238 Progress Action Fund, Eric Schwartz, Energy Secu- rity Leadership Council, and Karen A. Harbert, In- Messages from the House: Page S208 stitute for 21st Century Energy, all of Washington, Measures Referred: Page S208 D.C. Measures Placed on the Calendar: Pages S181, S208 TVA AND COAL ASH SPILL Measures Read the First Time: Pages S208, S238 Committee on Environment and Public Works: Com- Executive Communications: Pages S208–11 mittee concluded an oversight hearing to examine D13

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the Tennessee Valley Authority (TVA) and the re- nomination of Thomas A. Daschle, to be Secretary of cent major coal ash spill, after receiving testimony Health and Human Services, after the nominee, who from Tom Kilgore, President and Chief Executive was introduced by Senator Johnson and former Sen- Officer, Tennessee Valley Authority; Stephen A. ator Robert J. Dole, testified and answered questions Smith, Southern Alliance for Clean Energy, Knox- in his own behalf. ville, Tennessee; and William Howard Rose, Jr., Roane County Office of Emergency Services, Ten ECONOMIC DOWNTURN: STATE AND Mile, Tennessee. LOCAL LAW ENFORCEMENT MUMBAI TERRORIST ATTACKS Committee on the Judiciary: Committee concluded a Committee on Homeland Security and Governmental Af- hearing to examine ways to help state and local law fairs: Committee concluded a hearing to examine les- enforcement during an economic downturn, includ- sons learned from the Mumbai terrorist attacks, after ing S. 150, to provide Federal assistance to States for receiving testimony from Charles E. Allen, Under rural law enforcement, after receiving testimony Secretary of Homeland Security for Intelligence and from Michael E. Schirling, Burlington Police De- Analysis; Donald Van Duyn, Chief Intelligence Offi- partment, Burlington, Vermont; Charles H. Ramsey, cer, Federal Bureau of Investigation, Department of Philadelphia Police Department, Philadelphia, Penn- Justice; and Raymond W. Kelly, New York City Po- sylvania; John R. Schmidt, former Associate Attor- lice Department, New York, New York. ney General, Mayer Brown LLP, Chicago, Illinois; and Mary Lou Leary, National Center for Victims of NOMINATION Crime, and David B. Muhlhausen, Heritage Founda- Committee on Health, Education, Labor, and Pensions: tion Center for Data Analysis, both of Washington, Committee concluded a hearing to examine the D.C. h House of Representatives and Vice President of the United States, the two Chamber Action Houses of Congress met in Joint Session with Vice Public Bills and Resolutions Introduced: 65 pub- President Cheney as the presiding officer to count lic bills, H.R. 288–352; 8 private bills, H.R. the electoral votes. The following votes were cast for 353–360; and 15 resolutions, H.J. Res. 12–16; H. President: Barack Obama of Illinois, 365 and John Con. Res. 11–15; and H. Res. 32–36, were intro- McCain of Arizona, 173. The following votes were duced. Pages H88–91 cast for Vice President: Joseph Biden of Delaware, Additional Cosponsors: Page H91 365 and Sarah Palin of Alaska, 173. Page H76 Reports Filed: There were no reports filed today. Recess: The House recessed at 1:39 p.m. and recon- Electoral College Vote Tellers: Pursuant to S. Con. vened at 2:06 p.m. Page H76 Res. 1, to provide for the counting on January 8, Meeting Hour: Agreed that when the House ad- 2009, of the electoral votes for President and Vice journs today, it adjourn to meet at 9 a.m. tomorrow, President of the United States, the Chair appointed January 9. Page H82 Representative Brady of Pennsylvania and Represent- Consideration of Suspension: Agreed that the ative Daniel E. Lungren of California as tellers on Speaker be authorized to entertain motions to sus- the part of the House to count the electoral votes. pend the rules relating to H. Res. 34, recognizing Page H73 Israel’s right to defend itself against attacks from Recess: The House recessed at 10:20 a.m. and re- Gaza, reaffirming the United States’ strong support convened at 1:01 p.m. Page H75 for Israel, and supporting the Israeli-Palestinian Joint Session: The Joint Session was called to order peace process, on the legislative day of Friday, Janu- at 1:08 p.m. and dissolved at 1:36 p.m. Pages H75–76 ary 9, 2009. Page H82 Declaration of the Election of President and Quorum Calls—Votes: There were no yea and nay Vice President: Pursuant to the provisions of S. votes, and there were no recorded votes. There were Con. Res. 1, and the requirements of the Constitu- no quorum calls. tion and laws relating to the election of President

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Adjournment: The House met at 10 a.m. and ad- COMMITTEE MEETINGS FOR FRIDAY, journed at 3:40 p.m. JANUARY 9, 2009 (Committee meetings are open unless otherwise indicated) Committee Meetings Senate No committee meetings were held. Committee on Health, Education, Labor, and Pensions: to hold hearings to examine the nomination of Hilda L. Joint Meetings Solis to be Secretary of Labor, 9:30 a.m., SD–430. No joint committee meetings were held. House Committee on Financial Services, to meet to discuss ‘‘FHA Oversight of Loan Originators,’’ 10 a.m., 2128 Rayburn.

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

Senate Chamber House Chamber Program for Friday: Senate will be in a period of morn- Program for Friday: Consideration of H.R. 11—Lilly ing business. Ledbetter Fair Pay Act of 2009 (Subject to a Rule) and H.R. 12—Paycheck Fairness Act (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Hastings, Alcee L., Fla., E45 Mitchell, Harry E., Ariz., E43 Herseth Sandlin, Stephanie, S.D., E49 Radanovich, George, Calif., E42, E47, E50 Barton, Joe, Tex., E45 Hoyer, Steny H., Md., E42, E42, E51 Rangel, Charles B., N.Y., E48 Bishop, Timothy H., N.Y., E43, E46, E50 Jackson, Jesse L., Jr., Ill., E47 Rohrabacher, Dana, Calif., E47 Boswell, Leonard L., Iowa, E46 Johnson, Eddie Bernice, Tex., E42, E48 Schiff, Adam B., Calif., E44 Buyer, Steve, Ind., E41, E44, E45, E47, E48, E50 Kirk, Mark Steven, Ill., E42, E48, E50 Scott, David, Ga., E41 Costa, Jim, Calif., E49, E51 Lee, Barbara, Calif., E46 Wilson, Joe, S.C., E43 Dingell, John D., Mich., E49 McNerney, Jerry, Calif., E46 Wolf, Frank R., Va., E41 Granger, Kay, Tex., E41 Matheson, Jim, Utah, E46 Young, C.W. Bill, Fla., E45

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